Sectional Completion

41.1 Sectional Completeion ( stated in the apendix page 43)
41.1 Where sectional completion is contracted, the relevant section shall be treated individually and seprately it it contrant it self so far for CPC, EOT, LAD and DLP, DMGD but notinsurance (WC, CAR) performance bid asnd payment of final certificates, are concerned

41.2 Performance Bond/ Performance Guarantee Sum be released to Contractor only after completion of whole works.


Land to Acquisition
Agreement to Purchase (AP)
Memorandum of Agreement
(MoT)
Power of Attorney (PA)
Sale and Purchase Agreement (SPA)
Facility Agreement
Memorandum of Transfer
Land For Acqusition

Sale and Purchase Agreement (S&P)
Memorandum of Transfer (MoT)
Facility Agreement
Power of Attorney
Agrement to Purchase

Deed of Mutual Convenant -
- Between the prucahse or vendor who imposes constraint on what cannot be done on land
- Purchase condominium - pay maintenance and security charges
- Constraints and control e.g. cannot keep dog or tiger in premises

dEED of Mutual Convenant
- Between purchase and vendor who impose constraint on what cannot be done on the land
- Purchase of Condominium - pay maintenance fees and security charges
- Constraint and control .e.g. cannot keep dog in premisses

Deep of mutual convenant
- Betweent he purcahse and vendor who imposes constraint on what cannot be done on the land
- Purchase of condominium - pay maintenance fees and security charges
- Constraint and control e.g. cannot keep god in the premises

Supplement Agreement
- For Pruchase of completed building
- SIgn in conjunction with spa


Reserved land
- Land can be reserved for Malay,road, forest, ktm , etc
- Land is not transferable but can leased from government (for use)
- Malay reserved land, own by non-Malay (previosuly approved), can be transfer to non-Malays, but if transfer to Malay, cannot transfer back to Non-malay thereafter
- If sell to non- Malay need Government permission

Tender Table Documents
- During tender, copies of Tender can be viewed at specified avenue during office hours by tenderer
Purpose of thetender table documents
- For tenderer to decide whether to buy the tender documents, or not, whether to tender this project or anot
- For tenderer to double checking purchased tender document, and make sure no error like missing page, blank pages, etc.
- To check the location of the project
- Tho check how long the contract period
- To check the tender capability to do the project
- tender table are 1000% correct, relevant staff will check through the tender table document before making it avaialble on the counter.

Arise 5Ps (which dispute generall arise from building contract)
- Payment
-Poor contract document
- Performance
- Personality clashes
- politics

5 p
performance
payment
poor contract documentation
politics
personal clashes


Common Ground of Disuputes

Whether work done to specification
- Contractor did not know how to interpret specification or interpret wrongly
Whether work is variation and its pricing
- Employer instruct contractor to do something, if Contractor comply directly he will not get paid in this case
Whether instruction given, variation order, certificate are adequare of late
- Instruction given is either no clear or late
- Instruction given is clear but late
Whether the completion is to be delayed
- delay not cause by main contactor , but cause by NSC/NS or employer
Whether progress is being dirupted and ascertain time of extension
Ascertain losses & expenses - direct losses and other losses such as incidental costs

Construction disputes classified into 4 grounp
uncertaintly
Contractuat issues
Change
Human Element

Uncertaintly
- Force Majeure
- Shortage of Material
- Different Site Condition
- Third parties action
- New innovation design or method of construction

Changes
- Owner design decisions
- Regulatory and statutory changes
- Schedules changes and delay
- cost escalation

Uncertaintly
- Force Majure
- Shortage of material
- New innoivation technology
- Third parties action
- Different site condition

Change
- Statutory changes
- Owner design decisions
- Schedules changes and delay
- Cost escalation

force majure
shortage of material
thrid parties action
- different site condition
- new innovation technology

changes
- regulatory and statutory changes
- owner design decisions
- cost escalations
- schedules changes and delay

contractual issue
- Errors in design
- Error in planning of works
- Erros in costs estimating
-Error in Construction
-

Error allocation of risk
- wrong interpretation of contract
- inadequate defining scope or change
- determine entitlement or quantum different
-

- error allocation of risk
- wrong interpretation of contract
- inadequate define scope or change
- Determine entitlement quantum different

Contractual issues
- determine entitlement quantum different
- inadequate define scope or change
- wrong interpretation of contract
- error allocation of risk

Human elements
-  Error in design
- errors in planning of works
- erros in cost estimating
- errors in cosntruction
- over inspection and red tapes
- poor supervision and management

human elements
- error in design
- error in planning of work
- error in construction
- error in cost estimating
- over inspection and red tapes
- poor supervision and management

General rules ( list / state rules / factor than can generally help to redyce claims or additional payment )

- Employer have sufficent capital changing and gives variation
- Appoint consultant with right experience
- alllow sufficient design time
award contract to experience contractor
- engage experience and competent field staff
- realistic construction period
- timeout review of claims/ variation
- avoid confrontation, prepare to negotiate
- engage the rights disputes resolution team


- Employer have sufficient capital changing and gives variation
- Employer experience and competent staff
- Employ experience and competent contractor
- Sufficient time for design
- Realistic construction period
- Avoid confrontation and prepare to negotiate
Engage the right dispute resolution team
timeout review of claim

General Rules to avoid claim
- Employer have sufficient capital changing and gives variation
- Engage experience and competent contractor
- staff
- Engage the right disputes resolution time
- allow sufficient time for design
- Realistic construction period
- Avoid confrontation and prepare to negotiate
Appoint consultant with right experience

Timeout review of claims
avoid confrontation

Simple rules
- Complete all drawing for tender preparation
- BQ fully completed for tender
- Variation deal with promptly
- Concise and complete final account properly


- Complete all drawing for tender preparation
simples rules to avoid claims
- complete all drawing for tender preparation
- BQ fully format completed for tender
- Variation deal with promptly
- concise and complete final account properly



simple rules to avoid variation
-

Appointment of consultant
consultant are appointed by client 1 of the following 3 way
- consultant issues Letter of Appointment with duplicate copy to client and who executes in acceptance and return copy to consultant
- client issues letter of appoint with duplicate copy to consultant who executes in acceptance and return copy to client
- Both the client and consultant executes 2 copies memorandum of agreement - a standard agreement produce by consultant respective statutory board. each parties keep a copy


the above 3 agreemnt must have following 5 essential :
- Amount fees reimburseable charge payable by client to consultant. . Consultant can suspended services when non paylement
-Terms and condition of appointments
- Types of servioces provided by consultants
-consultant scope of works
- terms and condition of appointment

- terms and condition of appointment
- consultant scope of work
- types of services provided by consultant
- ammount fees reimbruseable charge payable client to consultant. Consultant can suspend work during non payment
- mode of payment

current practice is client appoint one key consultant . Consultant in turn appoint other sub-contsultant. Architect will then have the liability over the other sub-consultant design.
Client pay the architect for the comprehensive work, and architect pay the other sub-contractor back to back. Therefore other consultant is liability over the architect, client need to deal with only a lead consultant ,



Terminate of Professional fees
- consultant who initiate termination give client 60 days written notice with 30 days to settle outstanding fees
- consultant cannot suspend services druing this period
- upon settlement of fees, consultant issues Letter of Release (LR) to client
- If disputes on fees, consultant issues Letter of Release (LR) to client
Upon settlement of fees, consultantr issue Letter of Release to client
- If disputes on fees, refer to arbitration and to Board of Professional who would within aweeek write to consultant waiving LR which contractor can proceed to appoint new consultant
- Terminate consultant if made submission to Local Authority need to issues Letter of Withdrawal to Local Authority to withdrawing as submitting person, without which new consultant cannot take over as submitting person

Terminate of Professional Services
- Consultant who initiate termination need to give client 60 days written notice with 30 days settle outstanding fees
- During this period  consultant cannot suspend the services
-Upon settlement of fees consultant issues Letter of Release (LR) to client
- If disputes on fees go for arbitration and to board of professional who would within a week write to consultant waiving LR which the contractor can proceed to appoint a new replacement consultant
- Termination consultant if make submission person to local authority need to issue letter of withdrawal to LA as submitting person, without which new consultant cannot take over as submitting person

Reserved land
- Land can be reserved for Malay, KTM, road, forest, etc
- Land is not transferable but can lease from government for use
- Malay reserved land own by non-Malay ( previously approved), can be transfer to non-Malay, but if transfer to Malay cannot transfer back to Non-Malay threafter


Land Acquisition for Development
- Agreement to Purchase
-Memorandum of Transfer
- Sale and Purchase Agreement
- Power Attorney
- Facility Agreement


Deed of Mutual Convenant
- Sign between purchase and vendor who imposes constraint on what cannot be done on land
- Purchase codnominium - Pay maintenance fees and security charge
- Constraints and control e.g. cannot kep dog or tiger in premises


- during this time consultant cannot termini