Professional Practice 2 [QSB 3614]

SCHOOL OF ARCHITECTURE • BUILDING • DESIGN

Centre for Modern Architecture Studies in Southeast Asia

Bachelor of Quantity Surveying (Honours)

Portfolio

(Semester 5 April 2014)

YVONNE LAI YEE VUN

(0304029)

Professional Practice 2

[QSB 3614]

Personal Information..

Name : Yvonne Lai Yee Vun

Student ID : 0304029

Date of Birth : 10th August 1992

Intake: July 2011

Semester : Semester 5, April 2014


Objective.. 

• To understand and have sufficient knowledge regarding with the provisions of the PAM 2006 contract. 
• To understand the roles and responsibilities of every parties to the contract especially Quantity Surveying 
• To understand the limits, constraints and the rights of every parties that are subjected to the contract 
• To develop awareness of the provisions of the Standard Contract forms related to valuation and certificates, instructions and variations, daysworks and final accounts, extension of time and loss and expense

Learning outcomes..

• To understand the roles and responsibilities of every parties that are subjected to the contract To explain the construction contracts, the limitations and important details of clauses regarding to the construction contracts Professional Practice 2 was taught by Sr Lim Sek Cheon, or better known as Sr Eddie. An awesome lecturer who is really helpful and never fails to deliver what he needs to deliver to the students. This subject is the continuation of the previous subject, Professional Practice 1. In this module, I get to learn more about a specific contract that is normally used in Malaysia which is the PAM 2006 contract. This module really provide the skills and knowledge that I need for my future career. 

Lessons Learned..

• Construction Disputes 
• Construction Delays 
• Construction Claims
• Rights of Setting Off
• Partial Possession by Employer 
• Practical Completion and Penultimate Certificate 
• Final Accounts 
• Determination of Contractor's Employment by Employer 
• Determination of Contractor's Employment by Contractor 
• Building  Insurances
• Dispute resolution through Mediation/ Adjudication/ Arbitration 
• Comparison between PAM and JKR form on contract 

Delays and Disputes:

• Delays that occur during construction of works which causes the Completion Date to be breached constitutes as a construction delay.
• Categories of delay: Delays caused by Contractor; Employer; or Third Parties (Neutral Events)
• Clause 23.8 (a)-(w) of the PAM Form of Contract 2006 list the legitimate Relevant Events
• Identifying and understanding the procedures, contractual effects, and principles of granting EOT

Construction Claims:

• Construction claims entitles the Contractor to claim for loss & expense if the Employer causes delay to the regular progress of the Works and the delays have materially affected the Works
• Types of Claims: Contractual Claims, Extra-Contractual Claims, Ex-Gratia Claims
• Discovering and understanding the procedures, conditions, and general principles of loss and expense claims

Determination:

• Types of determination: Determination of Contractor’s employment by Employer; Determination of Own Employment by Contractor
• Identify the relevant clauses of determination ( Clause 25.2 & 26.2) under the provisions of PAM Form of Contract 2006
• Understand the procedures, rights and duties of Employer and Contractor upon determination 

Construction Insurances:

• Indemnity against injury or death - Employee Social Security Scheme (SOCSO) provided under Clause 19.2
• Workmen Compensation Insurance provided under Clause 19.3
• Foreign Worker’s Compensation Scheme Insurance provided under clause 19.4
• Contractor All Risk Insurance (CAR) provided under clause 20
• Understand the different contractual implications and effects of different insurance policies

Dispute Resolution:

• Methods of Dispute Resolution: Mediation; Adjudication; Arbitration; Litigation
• Understand the characteristics, functionality and contractual implications of each dispute resolution method
• Recognise the roles and responsibilities of the Employer and the Contractor in each type of dispute resolution method
• Discovering the powers and jurisdictions of a Mediator, an Adjudicator, an Arbitrator, and a Judge

I had also to give a seminar to my tutorial classmates on the topic Final Accounts. For the coursework 2, which is a group assignment, I was divided into a group of 6 students to complete the assignment. The questions were related to the PAM 2006 contract so we have to understand clearly and give reasons on why we chose a certain clauses as our decision. I have gained a lot of knowledge in both assignment and seminar.