Académique Documents
Professionnel Documents
Culture Documents
Architect and
Construction
Contracts.
the
Zulhabri Ismail
Synopsis
The purpose of this lecture is to discuss the roles,
obligations and liability of the architects under PAM
2006 and common law.
Architect
Roles
and Obligations
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The Architect
the duties.
delimit the authorities.
delimit the area in which the architect is acting as an
agent.
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16
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Vicarious Liability
The government / employer who refuses to allow
the architect / contract administrator to certify claim
until the treasury has approved the payment of a
claim or V.O may be vicarious liable.
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C. ARCHITECTS DUTIES
Site inspection
Design
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C. ARCHITECTS DUTIES
Supervision
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C. ARCHITECTS DUTIES
Certifications
Must be fair and impartial.
Owes duty of care: Sutcliffe v Thackrah [1974]
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The other provisions of the contract are consistent with its being a
contract of service (for example, the employer provides the tools and
materials for use by the employee in his work).
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Architect to certify
Clause 15.2 Certificate of practical completion
Clause 15.6 Certificate of completion of making good
defects
Clause 16.1 (i)(a) Certificate of approximate value of partial
possession by employer
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A x specify
C complies
Options
C does not
comply
C requests A to
specify clause [2.3]
Options
A specify in
writing
Options
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C complies
Arbitration
and
adjudication
[2.4]
Options
A may confirm
instruction
prior final
certificate
[2.5(iii)]
C ignore
No action until
instruction in
writing
A issues written
instruction in 7
days [2.5(i)]
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C confirms in
writing 7 days [2.5]
Options
A rejects
No reply within 7
days
No further
action
Confirmation has
the same effect as a
written instruction
Tutorial
What are the roles and obligations of the contractors
under PAM contract 2006 (with quantities)?
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GROUP DISCUSSION
CONTRACT ADMINISTRATION
Company Z is a G7 construction organization.
Under the 9th Malaysia plan the company is
able to secure some building projects and
the standard form that will be used is
PAM2006. As a Project Manager for the
company in question, you are about to
initiate and keep the project running. Explain
the process of contract administration under
PAM2006 that you should be familiar with.
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Conclusion
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Thank you
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