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NUR HIDAYAH BT MOHAMED RAIHAN B ARCH (hons) 03 2010872784 Architectural Practice & Management 6 (JSB 616) ASSIGNMENT 1

(1) What are the functions of the Architects Act. Why is it necessary to have the Act? Give two examples of the situation when the Act becomes useful. Architects Act an act to provide for the registration of architects, sole proprietorships, partnerships and
bodies corporate providing architectural consultancy services, and building draughtsmen. (Architect Act 1967- Act 117). Architects Act generally contains rules/regulation/law regarding Professional Architect practice and the functions of the Architects Act according to the arrangement of the sections in Architects Act 1967 are Preliminary (example: architectural consultancy services submission of plans or drawings to any person or local authority in Malaysia) , Board of architect Malaysia (example: function of the board to keep and maintain a Register of Professional Architects, Graduate Architects and architectural practices), Registration of architects (example: appointments and duties of Registrar- the registrar may annually publish and offer for sale copies of the Register), Cancellation removal reinstatement etc (example: powers to investigate and appointment of Disciplinary Committee a member of the Board to investigate into any misconduct or complaint made against any Professional Architect, Graduate Architect or architectural consultancy practice) , Special provisions relating to building draughtsmen (example: Register of Building Draughtsmen for the purpose of this Part these shall be a register which shall contain the names, addresses and other particulars of Building Draughtsmen), Special provisions relating to interior designers (example: Register of Interior Designers for the purpose of this part, there shall be a Register which shall contain the names, addresses and other particulars of Interior Designers) and General (General Penalty- any person sole proprietorship, partnership or body corporate who contravenes or fails to comply with any of the provisions of this Act or any rules made there under shall be guilty of an offence and where no penalty is expressly ten thousand ringgit or imprisonment for a term not exceeding two years or to both) . From the above mentioned functions of Architect Act, the necessities upon Architects Act related to the functions so why is it necessary to have Architect Act is to mentioned related laws which involved different parties which are like follows:, For the Board of Architect Malaysia: Stated that there is established a board to be called Board of Architects which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued. To know

that the Board shall consist of the following members who shall be Malaysian citizens and who are appointed by the Minister, a member of the Board shall unless he sooner resigns or otherwise vacates his office or his appointment is revoked hold office for a period as may be specified in the instrument appointing him and shall be eligible for reappointment, If any member of the Board resigns or otherwise vacates his office or his appointment is revoked, a new member shall as soon as practicable be appointed in his place and the member so

appointed shall hold office for the remainder of the term for which his predecessor was appointed and provisions of the Schedule shall have effect with respect to the Board. For the Architect: To know upon laws related to registration of architect, Architects Act stated as follows Register: the Register of Professional Architects, registered Architects and architectural consultancy practices shall be in three sections, Appointment and duties of Registrar: The Minister shall appoint a Registrar of Architects who shall be under the general direction of the Board and whose duties shall include the signing of certificates of registration and their renewal, and orders of the Board, and the recording of all entries of registration, suspension, cancellation, removal and reinstatement in the Register. Restrictions on unregistered persons and registered Architects-no person shall unless he is a Professional Architect-practise or carry on business or take up employment which requires him to perform architectural consultancy services. Architectural consultancy practice- Notwithstanding subsection 7(1), a sole proprietorship, partnership or body corporate may practise as an architectural consultancy practice and recover in any court any fee, charge, remuneration or other form of consideration for any architectural consultancy services rendered by it pursuant to its practice as an architectural consultancy practice carried on by virtue of this section, if it is registered with the Board as an architectural consultancy practice and has been issued with a certificate of registration. A body corporate is providing architectural consultancy services, professional engineering services and/or quantity surveying services, Entitlement, Qualifications for registration, Temporary registration of foreign architects, Application for registration, Certificate of registration, and Notification of change of address. To know upon laws related to the architects like, General penalty, Failure to comply with orders of the Disciplinary Committee, Board, Appeal Board or Minister, Power of search and seizure, List of things seized, Rules, Authorization by President, Notices, Indemnity, Appointment of advocate and solicitor, Landscape and Naval Architects, Vesting of property, etc., Repeal, Saving as to right of Government For the registered Building Draughtsmen: To know upon laws related to Restrictions on unregistered Building Draughtsmen, Register of registered Building Draughtsmen, Registration, Notification of change of address, Restrictions on registered Building Draughtsmen, Cancellation of registration, etc., of registered Building Draughtsman, Removal from Register, Reinstatement and Certificates to be returned. For Interior Designers: To know upon laws related to Restrictions on unregistered Interior Designers, Register of Interior Designers, Registration, Qualification for registration, Interior Design consultancy practices, Notification of change of address, Cancellation of registration of Interior Designer, Removal from Register, Reinstatement and Certificates to be returned. Two examples of the situation when the Act becomes useful. Example one related to a Graduate Architect when he or she wishes to take up employment that more or less related him or her to perform architectural consultancy services such as signing board, card or other device representing or implying that he or she is a Professional Architect. Therefore in this situation

they should refer to Architects Act under Registration of Architect item no (7) Restrictions on unregistered persons and Graduate Architect: No person shall unless he is Professional Architect (a) practice or carry on business or take up employment which requires him to perform architectural consultancy services, (b) use or display any sign, board, card or other device representing or implying that he is Professional Architect. Example two related to Interior Designer is when a person performs services that required him to design the interior of the building but he is not registered in anything that claimed him as Interior Designer. The question is how far the scope of work that he can cover/work on to. In this matter the person shall refer to Architects Act under Special Provisions Relating to Interior Designers subject (27A) No person shall unless he is an Interior Designer (a) practice or carry on business as an Interior Designer. Therefore the person also can refer to subject (27D) Qualification for registration.(1) Subject to this Act, any person who is a corporate member of the Institut Pereka Bentuk Dalaman Malaysia or the Malaysian Society of Interior Designers or has obtained a qualification which the Board considers to be equivalent there to shall be entitled on application to be registered as an Interior Designer. REFERENCE: Architects Act 1967 (Act 117) & Rules, Board of Architect Malaysia (http://www.lam.gov.my/actsregulations.html). (2) Describe 3 (three) of the most important rules in the Codes of Professional Conduct under the Architects Act. Explain why you have chosen them. Three (3) of the most important rules in the Codes of Professional Conduct are - under Compliance with Acts and rules. (1) A Professional Architect shall prior to commencing an architectural consultancy practice submit to the Board the proposed name of the architectural consultancy practice to obtain the approval of the Board. The reason upon choosing this is because all firms shall go through the process of getting approval from the Board upon registering the firm so it will be be included in the firm list in Malaysia which for some reasons benefits the Professional Architects themselves. The benefits are to acknowledge officially the existence of the firm so therefore the client can refer from the Board of Architect Malaysia official website the contact number, address and website which firm they desire. This is prior to the objective in the Codes of Professional Conduct which is to promote the standard of professional conduct and self discipline required of Professional Architects in the interest of the public. Indirectly by submitting info regarding the firm to the Board the Professional Architect is like advertising the firm in a legal way. Addressing the existence of the firm is one of the ways of getting project so the firm can be operated accordingly and this is like a beginning step so therefore this is very important. Second most important under-Faithful discharge of duties and obligations is, (1)A Professional Architect shall maintain a professional standard of service and competence in areas relevant to his professional work by continually upgrading his professional knowledge and skill. The reason upon choosing is because, architecture generally is a professional field and everything related to architecture should reflect the professionalism and high quality. Therefore if the Professional

Architects do not maintain the quality produced by their firm and do not follow laws required stated in Architects Act 1967 regarding professionalism within their scope of work, somehow it can affected the bigger picture of Architecture in Malaysia. Mislead poor quality and bad services can lead to destruction and give bad image of our building industry. Everyday new construction method discovered, new material invented and new Architecture style being introduce so Professional Architect must be aware of it so they go parallel to the current update and continually upgrading his professional knowledge and skill. The conclusion here, professionalism and good quality are the benchmark for architecture so this is why this rule is important. Third most important under- Professional integrity is, (5)A Professional Architect shall not make misleading, deceptive or false statements or claims about his professional qualifications, experience or performance and shall accurately state the scope and nature of his responsibilities in connection with work for which he is claiming credit. The reason upon choosing this is because Architecture is a professional sector so therefore any information given by the Professional Architect must be true and not confusing the public. Often in this field upon choosing the services of the Professional Architect the basic things the client look up to is the qualifications then the experience according to what type of the projects the Professional Architect had handle previously and how the performance being judge by analyzing the completed project done by the Professional Architects. So if one of this information mislead, it can ruin one another. The result either will caused problems in ongoing problems in many ways such as structure failure, work not being done parallel to work programme therefore caused Extension of Time and poor project management. Problematic projects affected variation and the client will somehow a victim of these misleading, deceptive and false statement. The conclusion is the right information often been highlighted and there are also laws stated in Architects Act for the use of Professional Architect to refer on.

REFERENCE: Architects Act 1967 (Act 117) & Rules, Board of Architect Malaysia (http://www.lam.gov.my/codeofconduct.html)

(3) Describe the design and construction process in Malaysia and elaborate on the architectural practice in relation to the industry. Design and construction process in Malaysia is according to different systematic stages from Inception, Tender Stage, Contract Stage and Contract Close out. Inception stage involves Project objectives and project briefs, Land issues, Project organization, Feasibility studies, Procurement strategy and Project team budget. While in Tender stage involves Types of tender, Types of contract, Tender documentation, Estimates, Tender Process, Tender Award and Contract Documentation. In Tender Administration the required information involved Types of tender, Types of contract, Tender documents, Estimates, Tender process, Tender evaluation report, Tender clarification, Letter of intent and Letter of Acceptance.

Basically there are 4 types of tender which are Open tender, Selective tender, Negotiated tender and Pre-qualification. Open tender is a process where an invitation to tender is made to the contractors having the eligibility to tender for the submission of offers for the carrying out of specific works leading to a bilateral contract. Selective tender is an alternative tendering method to address the limitations of the open tendering procedure making the procedure more manageable and to improve quality of bids received by having only selected tenderers invited to tender. Negotiated tender is a tendering procedure which does not employ competition as its primary mechanism for establishing the principal terms of the contract but a series of discussions in achieving this purpose and Pre-qualification tender is pre-qualify before tender Technically & financially competent and involves Pre-qualification documents. While Types of Contract are, Contract based on BQ- 203A or PAM standard form of contract with quantities, Lump sum Contract Based on Drawings and specifications 203 or PAM standard form of contract without quantities, Design Build / Turnkey and Build- Operatetransfer/privatization. In Contract Stage it involves commencement of work, Site instruction, Payments, Variations, Extension of time, Liquidated & Ascertained Damages, Completion, Defects Liability Period and Claims And the final stage which is Contract Close out stage involves, Final Account, Final Payment and Project Report. The elaboration on the Architectural practice according to Architects Act is 7A. (1) Notwithstanding subsection 7(1), a sole proprietorship, partnership or body corporate may practise as an architectural consultancy practice and recover in any court any fee, charge, remuneration or other form of consideration for any architectural consultancy services rendered by it pursuant to its practice as an architectural consultancy practice carried on by virtue of this section, if it is registered with the Board as an architectural consultancy practice and has been issued with a certificate of registration. Every application by a sole proprietorship, partnership or body corporate for registration as an architectural consultancy practice shall be made to the Board in the prescribed form and manner and shall be accompanied by the prescribed fee. The relation to the industry is the role of the Architectural practice upon handling a design and construction from the beginning until the completion of the building construction processes. This statement is a evidence on how importance the Architectural practice towards the Architecture in Malaysia. The industry could not perform without the leader in build industry sector which is the architect because they are like backbones that transform the dream into reality which is from a scratch until the building can be fully occupied.

REFERENCE: Architects Act 1967 (Act 117) & Rules, Professional Practice 1 (QSM559)
(4) When a Client engages an Architect for his architectural services, they will enter into

agreement. Describe the contractual agreement and duties of the Architect to his client.

The contractual agreement in general, an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration. Since the law of contracts is at the heart of most business dealings, it is one of the three or four most significant areas of legal concern and can involve variations on circumstances and complexities. The existence of a contract requires finding the following factual elements: a) an offer; b) an acceptance of that offer which results in a meeting of the minds; c) a promise to perform; d) a valuable consideration (which can be a promise or payment in some form); e) a time or event when performance must be made (meet commitments); f) terms and conditions for performance, including fulfilling promises; g) performance. The duties of the Architect to his client are acts as his agent for the purpose of securing the completion of the works, in an economical and timely manner. Under the PAM 1998 Form, the Architect is the contract administrator, whilst at the same time, under this phase he continues to be the Employers agent. In his capacity as contract administrator and an agent of the Employer the Architect, amongst others, provides information to the Contractor to enable him to carry out his contractual works, issues variation orders which may alter the extent, nature and quantity of the works, nominates sub-contractors and suppliers on the Employers behalf, supervises and approves the works. In his capacity as contract administrator and independent certifier, it is the Architects duty to issue certifications on all payments due under the contract and to certify acceptance of completed works in conformity to contract specifications and accepted standards. The contract administrator must act with independence, impartiality and fairness. The professional obligation to act fairly extends to such of his duties as require him to use his professional skill and judgement in forming an opinion or making a decision where he is holding the balance between his Client and the Contractor. The Architect is duty bound to serve the Employer faithfully as his agent. The Employer would reasonably expect that the Architect possesses the requisite ability and skill, and the latter, by holding himself out as an Architect, impliedly warrants that he possesses such attributes. An Architect would be liable to the Employer if he had been professionally negligent. Breach of professional persons obligations to his Client is generally referred to as professional negligence. For liability to be established it must be proven that the Architect had failed to exercise the standard of care required and that the negligence alleged is a matter of substance. In a situation where special skill or competence is involved, then the test as to whether there has been negligence or not, is measured against the standard of the ordinary skilled man exercising and professing to have that skill. The normal measure of an Architects skill is that of ordinary skilled Architects. An error of judgement may or may not amount to negligence. A good defence against a negligence complaint is one where the Architect can show that he acted in accord with general and approved practice. Would be a reasonable expectation on the Clients part, that the Architect will perform his duties under the contract, in such a manner as to safeguard his interests and that he will do all that is reasonably within his power to ensure that the work is satisfactorily and expeditiously undertaken, so as to achieve the

objective as contemplated by the contract. It naturally flows from this expectation that the Architect will administer the contract and supervise the work, so as to ensure, as far as is reasonably possible, that the quality of work, is as specified in the contract. The Architect must provide reasonable supervision to the works, not only in compliance with statutory provisions, but also to enable him to issue certifications under the contract that the work has been satisfactorily carried out in accordance with contract drawings and specifications. He is not required personally to measure or check every detail, but should check substantial and critical aspects of the work. It is altogether imperative that qualified supervisory personnel are stationed at the construction site, to assist the Architect in his supervision of the works. REFERENCE: Architects Act 1967 (Act 117) & Rules, The Architect as Contract Administrator (http://www.pam.org.my/Library/notes/CPD_NOTE__THE_ARCHITECT_AS_CONTRACT_ADMINISTRATOR_-_28_AUG_10.pdf), The Free Dictionary (http://legal-dictionary.thefreedictionary.com/Contractual+agreement)