Professional Documents
Culture Documents
BUILDING BY-LAWS,
ACTS
& CONTRACT
Lecture1
Lecture 2
Lecture 3
Lecture 4
Lecture 5
Lecture 6
Lecture 7
Lecture 8
Lecture 9
Lecture 10
Lecture 11
Lecture 12
Lecture 13
Week 14
Revision
LECTURE 1:
THE CONSTRUCTION PARTIES & ROLES & DEVELOPMENT
PROCESS
Project Team
Client
(Employer)
Consultants
Contractor
Client (Employer)
Consultants
Engaged by the Client to provide professional services
Registered with their respective professional institutions
Other Consultants:-
Planner
Quantity Surveyor
Land Surveyor
Landscape Architect
Geotechnical Consultant
Interior Designer
Contractor
Design & Build Contractors undertake projects that require high level of
technical expertise. D & B Contractors normally have their own in-house
consultant team to work on the design.
Approved
ARCHITECT
C&S ENGINEER
SUBMISSION
PLANNER
Complied
Construction
AUTHORITY
Building contract
EMPLOYER
CONTRACTOR
M&E ENGINEER
LANDSCAPE
ARCHITECT
THE DEVELOPMENT
PROCESS
QUANTITY
SURVEYOR
OTHERS
INTERIOR DESIGNER
GEOTECHNICAL CONSULTANT
EIA CONSULTANT
LECTURE 5:
STANDARD FORMS OF BUILDING
CONTRACTS
Three common types of building contracts based on method of
remuneration:
The final contract sum will depend on the measurement of the quantities
of materials required to complete the works
Under this arrangement, complete records of all time and materials spent
by the contractor on the work must be maintained
Advantages:
Time saving - Savings in time and costs when standard forms are used
compared to the costs of drawing up fresh contracts
JKR (PWD) Form (issued by Jabatan Kerja Raya / Public Works Department)
Private Sector
Pertubuhan Arkitek Malaysia (PAM)
Building works
Private Sector
Civil Engineering Works
Scope of works
Terms of payment
Variations
Disputes
Damages
Termination
The normal practice to make any amendment to use the original copy
of standard form as a template and to add, omit, substitute or revise
the clause to suit particular requirements of the parties
Any condition not expressly provided for under the standard form shall
subject to the provisions of relevant legislations such as the Contracts Act
1950 and the Sale of Goods Act 1957 the implied terms of the contract
Articles of Agreement
Conditions of Contract
Appendix
Articles of Agreement
This section consists of:
date of agreement
definitions of words
Date of Contract
Date of Contract
Definition of terms
attestation (signatures of
Employer & Contractor)
Conditions of Contract
There are 38 clauses in the PAM 2006 Contract as conditions of contract
which establish the contractual relationships between the Employer and
Contractor, their respective rights, obligations and liabilities in the contract,
and the duties of the Architect (Contract Administrator) and other agents
of the Employer (e.g. Site Staff)
Note:
There were only 35 clauses in the PAM 1998 Form
Appendix
This section serves as a summary of the important details of the contract,
including:
Date of Commencement
Liquidated Damages
Appendix
Appendix
Contracting Parties
Employers Obligations:
To
to be paid.
Intermediary
Independent certifier
Revision Exercise
Study the standard PAM Form of Building Contract 2006 (With Quantities). Try
to familiarise yourself with some of the important terms such as the following:
Contract Sum . Contract Documents
Conditions of Contract . Letter of Acceptance
Work Programme . Variation
Inspection and Testing . Site Staff . Site Agent
Practical Completion . Defects Liability Period
Making Good Defects . Indemnity
Date of Commencement . Completion Date
Non-completion . Liquidated Damages
Extension of Time . Loss and/or Expense
LECTURE 2:
TIME RELATED ISSUES IN STANDARD
FORM OF BUILDING CONTRACTS
Time in a contract usually means the specified period
(or duration) for the promisor to perform his promises
under the contract.
If
Date of Commencement
The
Beginning
Completion Date
The
If
Article 7
Clause
Appendix
Award of
contract
Date of
Commencement
Completion Date
Scenario 4:
-Extra time given,
Contractor delayed
on the new date
only complete on a
later date
Scenario 3:-Extra
time given,
Contractor complete
on a New date
Completion means
the Employer can have full use of the works for their
intended purposes
Architect shall:
Within 14 days from contractors written notice, decide/certify
-
62
date of contractors notice that there is no works
and
defects anymore
Award of
contract
Date of
Commencement
Completion Date
Issuance of Certificate
of Practical Completion
Non-Completion
Contractor
No
Architect
Liquidated Damages
Award of
contract
Date of
Commencement
Completion Date
Scenario 2:Contractor delayed
Contractor complete on
a later date
Certificate of Practical
Completion
BTBE 2033 Building by-Laws, Acts and Contracts
Issuance of Certificate
of Non-Completion
Liquidated damages
imposed
Liquidated damages
stop, Defect Liability
Period start
If
3. Insurance contingencies
Delay caused by some occurrence normally covered
by works insurance
Contingencies: fire, storm, earthquake etc.
4. Civil commotion, strikes, lockout
Affecting the trades engaged in the preparation,
manufacture or transportation of any goods or
materials required for the works
5. Late instructions
Architect fails to give necessary instructions, drawings,
details or levels within reasonable time frame after
contractor specifically applied in writing
clause 23.8 - the reasons for the EOT claim are based on
the events under Clause 23.8; and
the event impacts the critical path of the contractors work
programme
the
Contractors Default
Date of
Commencement
YES
Completion
Date
Default by Contractor?
Works not
completed
Issuance of Certificate
of Non-Completion
NO
No extension of time
will be granted
Date of
Commencement
YES
Completion
Date
Default by Contractor?
Works not
completed
Issuance of Certificate
of Non-Completion
NO
No extension of time
will be granted
Revision Questions
1.
Outline Answers
a.
Revision Questions
(continued)
b. Time loss due to the Employers delay in
delivering the light fittings which he had
promised to deliver for the Contractors
installation.
Outline Answers
b.
Revision Questions
(continued)
c. Some of the Contractors excavators were
stolen and as a result he was unable to
complete the works in time due to the lack of
equipment.
Outline Answers
c.
Revision Questions
(continued)
d. While the Contractor was about to complete
the foundation works, he received an
Architects Instruction to change the type of
roof tiles for the building.
Outline Answers
d.
Revision Questions
(continued)
e. While the Contractor was about to complete
the painting works, he received an Architects
Instruction to change the colour scheme of the
entire building.
Outline Answers
e.
Revision Questions
(continued)
f.
Outline Answers
f.
LECTURE 7:
UNIFORM BUILDING BY-LAWS (UBBL)
Objective of UBBL
UBBL is a compilation of
-
Uniformity
UBBL is intended to establish uniformity of by-law standards and control
throughout Malaysia, thus avoiding multiple interpretations and
applications of existing regulating rules which cause confusion and
abuses.
Part I: Preliminary
Part II: Submission of Plans for Approval
Part III: Space, Light and Ventilation
Part IV: Temporary Works in Connection with Building
Operations
Part V: Structural Requirements
Part VI: Constructional Requirements
Part VII: Fire Requirements
Part VIII: Fire Alarms, Fire Detection,
Fire Extinguishment and Fire Fighting Access
Part I: Preliminary
hoardings
- Local Authority
3(2) - all plans for building submitting to the local authority shall
be submitted by a qualified person
Who
is a qualified person?
Means any Professional Architect, Professional Engineer or building
draughtsman registered under any law relating to the registration thereof
operation
Section 10 (1)
A) A site plan
Section 10 (1)
B) A floor plan of each floor except when other floors are
representative or are identical floors, containing the
following
Dimension of the door and window, daylight area, airwells, back areas, open spaces of the building
Section 10 (1)
C) Cross longitudinal and other sections to clearly delineate the
construction of the building
Ground level and proposed new ground level if the level of the site
is to be raised or lowered
Size, position and direction of floor joists and beams and the
construction of the roof
Clause 20
Advertisement Hoarding
Require temporary permit (annual)
Imposed by local authority
Sketch of drawing required to submit
(c) when all the essential services, including access roads, landscape, car
parks, drains, sanitary, water and electricity installations, fire hydrants,
sewerage and refuse disposal requirements and, fire lifts where required,
have been provided; and
(d) when he certifies in Form F that he has supervised the erection and
completion of the building and that to the best of his knowledge and
belief the building has been constructed and completed in accordance
with the Act, these By-laws and the approved plans
Authority
All
inspections
Clause 30
-
Every building must have sufficient open space unless the local authority
opine that in any particular situation, air space is otherwise sufficiently and
permanently provided
Clause 31
-
Whenever open space has been provided, no person shall without the
approval in writing by the local authority, has the right to make alteration to
such open space/ construction a roof over the to diminish (reduce)the open
space
If found building in contravention of this Part, the local authority has the power
to require the person to remove such alteration & to restore
The open space for building next to a street and backlane shall be
Type of building
Open space
Residential building
Non residential
building
Balconies, passage ways and sun shades may project over any open space
maximum 1m & counted as open space
Half the width of backlane next to a building shall be counted as open space
Open space not abutting a backlane shall have a minimum clear dimension
of 2.5m
For a building abutting on a street, projection over the street for open,
verandahs, balconies, sun-shades etc may be permitted based on:-
Condition
Maximum projection is 1.25m clear of the approved line of street
a free uninterrupted
passage of air of not
less than 5%
Examples Clause 39
Clause 39 (3)
Clause 39 (4)
Clause 41
Mechanical Ventilation
If permanent mechanical ventilation or air conditioning is
intended for a building, relevant building by-laws relating
to natural ventilation, natural lighting and height of room
may be waived at the discretion of local authority.
Clause 42 (1b)
Clause 42 (1c)
Clause 43 (a)
Pedestal-type closet
Clause 43 (b)
Clause 43 (c )
Bathroom without closet fittings
Clause 43 (d)
Bathroom with closet fittings
Hospital - minimum 3m
Factory
BTBE 2033 Building by-Laws, Acts and Contracts
Verandah-way
- Minimum 3.0m
of open space
Residential
Natural light (10%) and Natural ventilation (5%)
Signboard
Hoarding
Building materials
Structural loading
- Calculation for dead load, imposed load and wind load
Foundations
Clause 73 1 a-c
LOAD TO FOUNDATION
Clause 73 1 a-c
Roofs
Refuse disposal
Swimming pools
Clause 84 (1-2)
Damp proof course
Clause 84 (3)
Clause 84 (3)
Clause 86 (1)
Party Wall
Clause 98
Can construct more than 1.8m but not more than 2.75m
provided to permit the passage of light and air.
The dimensions of the riser and the tread of the staircase so chosen shall be
uniform and consistent throughout
All handrails shall project not more than 100mm from face
of the finished wall surface and shall be located not less
than 825mm and not more than 900mm measured from the
noising of the treads provided that handrails to landing
shall not be less than 900mm from the level of landing
Examples
Separating walls
Detecting and extinguishing fire fire alarms and illuminated exit signs;
fire hydrant < 91.5m (300 ft)
Means of access and fire fighting in buildings over 18.3m high (BL229)
fire fighting access lobbies, fire lifts and dry/wet rising systems
Failure to buildings:
QPs obligation to report failure, explain cause of failure and state
remedial action taken. The responsibility for the failure shall lie with the
submitting person / QP despite approved by authority.