BTBE 2033 Lecture 2 Contracts TIme

BTBE 2033
BUILDING BY-LAWS,
ACTS
& CONTRACT
BTBE 2033 Building by-Laws, Acts and Contracts
Lecture1
Introduction to Building by-Laws, Acts and Contract

The Construction Parties & roles & Development process
Lecture 2
Standard Forms of Building Contracts
Lecture 3
Time in Building Contracts
Lecture 4
Payment & Variation in Building Contracts
Lecture 5
Indemnity and Insurance
Lecture 6
Quality & Administration Procedures
Lecture 7
Uniform Building By-Laws (UBBL)- Space, Light & Ventilation
Lecture 8
UBBL Building requirements & Structural requirements
Lecture 9
UBBL Fire requirements & Construction requirement
Lecture 10
Street, Drainage & Building Act

Town & Country Planning Act
Lecture 11
Occupational Safety & Health Act
Lecture 12
Environmental Quality Act
Lecture 13
Professionals Acts; CIDB Act
Week 14
Revision
LECTURE 1:
THE CONSTRUCTION PARTIES & ROLES & DEVELOPMENT
PROCESS
Project Team
Client
(Employer)
Consultants
Contractor
Client (Employer)
Commissions a building project

The end user of the building (exceptions: housing developer, property
investor etc.)
Two categories of Client:

Public sector government
Private sector home-owners / commercial companies
Client may rely solely on his Consultants to advise him

Some corporate clients have their own in-house consultant team
Consultants
Engaged by the Client to provide professional services
Registered with their respective professional institutions
Advisors to the Client in a building project

Clients agents
Independent certifier in the building contract
-
Architect and/or Engineers
Other Consultants:-
Planner
Quantity Surveyor
Land Surveyor
Landscape Architect
Geotechnical Consultant
Interior Designer
Contractor
Contractor and Employer (Client) are parties to a building contract
Traditionally, the Contractor executes and completes the building works in

accordance with the design and specifications prepared by the
Consultants (Architect and Engineers)
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:
Lump Sum Contract
Unit Price Contract
Cost Plus Contract
Lump Sum Contract

A contract wherein the contractor undertakes to complete the specified
works for a fixed price
This type of contract is suitable if the scope of works is sufficiently defined

to allow the consultants to estimate the project costs
Unit Price Contract

A contract wherein the amount of the completed work is to be measured
and valued based on a schedule of rate (unit price) for each type of
materials
The final contract sum will depend on the measurement of the quantities
of materials required to complete the works
Cost Plus Contract

A contract wherein the Employer agrees to pay the cost of all labour and
materials plus an amount for the Contractors overhead and profit (usually
as a percentage of the labour and material cost)
This type of contract is suitable where the scope of the works is

indeterminate or highly uncertain
Under this arrangement, complete records of all time and materials spent
by the contractor on the work must be maintained
Standard Forms of Building Contracts

Why Standard Form?
To facilitate the ease of contract management
To enable various parties involved in a building contract to easily

understand their rights, obligations, liabilities and duties
Advantages:
Cost saving familiarity with their operation, limitations and

drawback.
Time saving - Savings in time and costs when standard forms are used
compared to the costs of drawing up fresh contracts
Reliability - avoiding unwarranted disputes in court or arbitration
more balanced allocation of risk between the contracting parties
Types of Standard Forms of Building Contract Commonly Used in Malaysia:
PAM Form (issued by Pertubuhan Akitek Malaysia)
IEM Form (issued by Institution of Engineers Malaysia)
CIDB Form (issued by the Malaysian Construction Industry Development

Board)
JKR (PWD) Form (issued by Jabatan Kerja Raya / Public Works Department)
Standard Forms of Building Contract Commonly Used internationally:

The FIDIC (Federation Internationale des Ingenieurs Conseils) Standard
form of Contract - UK, European and international standard
The JCT(Joint Contract Tribunal) based in London
Private Sector
Pertubuhan Arkitek Malaysia (PAM)
PAM 2006 (previously 1998) with quantities
PAM 2006 without quantities
PAM NSC 2006 to be used for NSC where the main

contract is based upon the above
Pertubuhan Arkitek Malaysia (PAM)

PAM 2006
Usage:
Private Sector projects
Building works
Contracts undertaken through Traditional

General Contracting Procurement
Government / Public Sector

Public Works Department:
PWD Form 203A (Rev. 2010)

without quantities
with quantities
PWD Form 203N for Nominated Sub-Contractors
PWD Form 203P for Nominated Suppliers
PWD Form DB/T for Design & Build Turnkey

Contract
Government / Public Sector

Construction Industry Development Board:
CIDB Form for Building Contracts 2000 Edition
Standard Performa for Contract administration

(for use in conjunction with the CIDB Standard Form
of Contract for building works)
CIDB Standards Form of Sub-contract for
Nominated Sub-Contractor [Form CIDB.B (NSC)
/2002] (to complement the Standard Form of Contract
for Building Works.
Private Sector
Civil Engineering Works
IEM Condition IEM.CE 1/89. Mainly for Civil

Engineering Construction (Second Reprint
1994).
IEM Condition IEM.CES 1/90.Sub-contract for

use in conjunction with the IEM Condition (First
Reprint 1994).
The Common Elements

in Standard Forms of Contracts
Scope of works
Documents and procedures
Rights and obligations of the parties
Duties of the Contract Administrator and other agents
Time for performance
Terms of payment
Standards of works, materials and workmanship
Variations
Indemnity and Insurance
Disputes
Damages
Termination
Can we amend any clause in

a Standard Form?
Yes - because ultimately a contract is an agreement between two

parties (amendments must be countersigned by both parties)
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
Caution must be taken in any amendment to avoid creating

discrepancies or inconsistencies
Express Terms vs. Implied Terms

The clauses in the standard form will be the express terms of a contract.
However, a standard form is not a self-sufficient document.
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
Classification of Contractual Terms
Conditions Essential terms of a contract; a breach of condition will

entitle the innocent party to rescind the contract and claim for any
damages suffered
Warranties Subsidiary (collateral) terms of a contract; a breach of

warranty will entitle the innocent party to claim damages only
Innominate (Intermediate) Terms Terms which cannot be classified

as condition or warranty; the consequence of the breach of such terms
will depend on the nature of the event to which the breach gives rise; a
serious breach will give the innocent party a right to rescind the contract,
otherwise only a remedy in damages
PAM Form of Building Contract

There are two editions of PAM Form:
PAM Form (With Quantities)
PAM Form (Without Quantities) used for projects not

warranting quantities as part of the contract; without bills of
quantities
Our subsequent studies will be based on the latest

standard PAM Contract 2006 (With Quantities)
There are mainly three sections in

the PAM Form as follows:
Articles of Agreement
Conditions of Contract
Appendix
Articles of Agreement
This section consists of:
date of agreement
the description of the works
names of Employer, Contractor, Architect, Engineer, QS etc. (and their

respective roles)
the contract sum
definitions of words
attestation (signatures of Employer & Contractor)
Date of Contract
Employer & particulars
Contractor & particulars
Contract title / Project title
Date of Contract
Consideration Contract Sum
Architect & particulars
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
Completion Date (Date for Completion)
Defect Liability Period (DLP)
Liquidated Damages
(Liquidated & Ascertained Damaged or LAD)
Appendix
Appendix
Lump Sum Contract

PAM Form of Building Contract is a contract for a lump sum, i.e. the
contractor is required to complete the specified works for a fixed sum
(contract sum), subject to adjustments if there is any variation made in
accordance with the contract.
(Original) Contract Sum + Variations = Adjusted/Final Contract Sum
Contracting Parties
Rights, Obligations and Liabilities

Employers Rights:
Right to deduct payment as liquidated damages for

non-completion
Right to determine the contract if breach by Contractor
Employers Obligations:
To grant unobstructed site possession
To provide sufficient information in a reasonable time
To honour certificates of payment promptly
To obtain necessary statutory approvals (e.g. building plan approval)

Contractors Rights:
Right to uninterrupted possession of site
Right to adjust contract sum for variation order
Right to claim EOT and L/E
Right to determine the contract if breach by Employer
To
clarify scope of work, eg.. whether follow someone elses design or

own design, to clarify on limit of his work, confirm standard of work
required and quality of workmanship or materials
right
to be paid.

Contractors Obligations:
To complete the work on agreed Completion Date
Quality of workmanship and materials; adequacy & safety of site

operations
To comply with statutory requirements
To make good defects within DLP at own expense
To comply with Architects Instructions
To indemnify the Employer against 3rd party claims
To insure the works until practical completion

Contractors Liabilities:
Tortious liability to persons on site and passers-by
Liability to comply with statutory regulations e.g. maintain public

utilities, health & safety
Roles of consultants in PAM form of Contract
Duties of Architect (under PAM Form)
Person in charge of the administration and supervision of the

contract (consistent with his statutory duty to supervise building
works)
Intermediary between Employer and Contractor (Architect to provide

information and give instructions to Contractor as and when
necessary)
Independent certifier (issuing certificates in an impartial manner to

the Contractor for interim payments / status of works, granting
extension of time, and ascertainment of loss and/or expense)
administration and supervision of the contract
Intermediary
Independent certifier
The Roles of Engineer & QS

(under PAM Form)
Role of Engineer
To assist the Architect with specialist engineering works relating to

structural and civil works, mechanical and electrical works or any other
engineering works
Role of Quantity Surveyor
To assist the Architect in the measuring and valuation of the work,

materials and goods
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
Determination . Nominated Sub-contractor

Certificate . Valuation
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.
Time is of the Essence of Contract?

If
the time for performance is specified, then time is

the essence of the contract; the promisor must
perform his promises at or before the specified time
For eg. Contract duration is 12 months starting from 1January 2014 31 December 2014
no time for performance is specified, then time

is not the essence of the contract; the promisor must
perform his promises within a reasonable time
If
Contracts Act 1950 provides that:Section 47

Where, by contract, a promisor is to perform his promise
without application by the promisee, and no time for
performance is specified, the engagement must be
performed within a reasonable time.
Section 56(1)
When a party to a contract promises to do a certain thing at

or before a specified time, or certain things at or before
specified times, and fails to do any such thing at or before
the specified time, the contract, or so much of it as has not
been performed, becomes voidable at the option of the
promisee, if the intention of the parties was that time should
be of the essence of the contract.
Under the provisions of Contracts Act 1950:

Section 56(2)
If it was not the intention of the parties that time
should be of the essence of the contract, the contract
does not become voidable by the failure to do the thing
at or before the specified time; but the promisee is
entitled to compensation from the promisor for any
loss occasioned to him by the failure.
Time in the PAM Contract 2006

In PAM Contract 2006 time is of essence.
Reason:1. Time for performance is specified
2. Specified Date of Commencement and Completion
Date
3. Contain Clauses related to time obligations on the
Contractor: Clause 22.1 If the Contractor fails to complete the works
by the Completion Date or any approved extended date, he
shall be liable to pay Liquidated Damages to the Employer
for the period of delay
Clause 23.6 Obligation of the Contractor to use his best
endeavours to prevent delay in the progress of the works
Time in the PAM Contract 2006

The Employer has no power to determine the contract
merely because the Contractor fails to complete the
works by the Completion Date, unless there are signs of
breach of the contract by the Contractor, such as the
following instances:
The Contractor wholly suspends the works without a

reasonable cause; or
The Contractor fails to proceed regularly and diligently

with the works; or
The Contractor has abandoned the contract (with no

intention to continue)
Date of Commencement
The
fixed date for which the possession of the site

is to be given to the Contractor to begin his work
Beginning
of the contract period
Completion Date
The
fixed date for which the Contractor shall

complete his works and hand over to the Employer
If
the Contractor is entitled to any extension of time

(EOT), a new Completion Date will be fixed
Article 7
Clause
Appendix
Award of
contract
Date of
Commencement
Completion Date
Scenario 1:Contractor Manage to

complete on time
Scenario 2:Contractor delayed

Then complete at a
later 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
Scenario 1-Contractor completed on time

Practical Completion
Practical
Completion means
the Employer can have full use of the works for their
intended purposes
as certified by the Architect
despite minor works and/or defects pending

completion and/or rectification by the Contractor within
a reasonable time.
The Effect of Completion

When the Contract Adminisrator (S.0 or the Architect or
Client Representative) certifies that the Works have been
practically completed, the effect (typically) as follows:
1. The Employer is entitled and obliged to take possession of the
Works
2. The beginning of the Defect Liability Period

3. The Contractors responsibility to insure the Works comes to an
end. (It should not be until the end of Defect Liability Period.)
4. Any liability of the Contractor to pay damages for late completion
ceases.
5. The Contractor is entitled to the release of half of the
accumulated retention money.
6. The beginning of the process of preparation the Final Account
61
Contractors obligation to get CPC

When the Works have been practically completed,
Contractor shall:
1. Notify architect
2. Undertake to make good and to complete works and defects of a
minor nature
Architect shall:
Within 14 days from contractors written notice, decide/certify
-
Works not practically completed, stating reason
Works are practically completed, issue CPC. Date of CPC shall

be
-
Date of Contractor undertaking letter to item 2 above OR
62
date of contractors notice that there is no works
and
defects anymore
Defect Liability Period (DLP)
The warranty period stated in the contract where the

Contractor shall make good at his own expense any
latent defect that appears during this period
If not stated, it shall be 12 months from the date of

Practical Completion
Scenario 1-Contractor completed on time
Award of
contract
Date of
Commencement
Completion Date
Scenario 1:Contractor Manage to

complete on time
Issuance of Certificate
of Practical Completion
Defect Liability Period

started
Scenario 2-Contractor delayed on

Completion Date
Non-Completion
Contractor
unable to complete the Works by the

Completion Date
No
extension of time is given to the Contractor
Architect
shall issue Certificate of Non-Completion
The Effect of Non-Completion

Liquidated Damages
When the Contract Administrator (Architect or Client
Representative) certifies the Certificate of Non-Completion,
the effect (typically) as follows:
1. The Employer is entitled for the liquidated damages calculated at
the rate stated in the Appendix
2. Liquidated Damages is calculated per Day basis from Completion

Date (or any approved extended date) to date of Practical
Completion
3. Liquidated Damages is a genuine pre-estimate amount of loss
and/or damage suffered by the Employer in the event of noncompletion.
4. It is a form of monetary compensation. Usually it is stated as a
rate, e.g. RM1,000 per Day.
5. Liquidated Damages was previously named as Liquidated
and
66
Ascertained Damages (LAD) In the PAM 1998 Form
Liquidated Damages
Common law systems that if a clause for liquidated damages has

been included as a penalty for late completion, rather than a genuine
pre-estimate of loss, then the courts will not enforce it.
Once the Employer has decided to include a liquidated damages

clause, he must then consider the type of damages he is likely to want
to recover and the calculation method to adopt. Typically the Employer
must consider the following likely damages which result from delay:
A) Direct Costs incurred under the Contract
B) Lost Revenue and Profit
C) Additional Project Administration Costs
D) Damages and Penalties to which they may be liable
E) Interest and Financing Costs
F) Cost Implications to third-party contracts
67
G) Losses for Tax or Investment Incentives
Scenario 2- Contractor delayed on Completion Date
Award of
contract
Date of
Commencement
Completion Date
Scenario 2:Contractor delayed
Contractor complete on
a later date
Certificate of Practical
Completion
of Non-Completion
Liquidated damages
imposed
Liquidated damages
stop, Defect Liability
Period start
Scenario 3-Non-Completion Extra time given

Contractor
unable to complete the Works by the

Completion Date
If
the default is not by Contractor but the due to certain

event that falls under clause 23.8, Extension of time (EOT)
will be given to the Contractor -
Extension of Time (EOT)

Under Clause 23.8 of the PAM Contract 2006, the
following relevant events may entitle the contractor
an EOT:
1. Force majeure
Act of God / Adverse physical obstructions
2. Exceptionally inclement weather
Adverse weather condition
Evidence: site weather records from Malaysian

Meteorological Department / weather station

(continued)
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

(continued)
6. Delay by Employer in giving site possession

7. Compliance with Architects Instructions
Discrepancies / divergences in contract drawings and BQ;
Variation; Postponement/suspension of works, or others
affecting the progress of works
8. Delay by Nominated Sub-Contractors (NSC)/

Nominated Suppliers (due to one of the reasons under
clause 23.8)
9. Re-nomination of NSC when determined by
Contractor with Architects consent

(continued)
10. Delay by the Employers artists or tradesmen
Delay on the part of Employers artists/tradesmen
11. Delay/failure by the Employer to supply materials
and goods which he has agreed
12. Unnecessary testing & inspection

Opening up of any work (as instructed by Architect)
and no non-compliance found
Contractor may recover cost of opening up and direct
loss and/or expense unless test shows that the works
are not in accordance with the Contract

(continued)
13. Act of prevention or breach of contract by the
Employer
Example: delay by Employer in giving site possession,
or in appointing NSC/ NS
14. War Damage
15. Compliance with Architects Instruction regarding
discovery of antiquities
16. Compliance with any changes to any law,
regulations, by-laws etc. by the Authority
17. Delay caused by the Authority or Service Provider
(e.g. water, electricity, telephone, sewerage etc.)

(continued)
18. Replacement of Architect, Engineer, QS or other
specialist consultants named in the contract
19. Compliance of Architects Instruction regarding

disputes with neighbouring property owners
20. Delay as a result of the execution of works under
Provisional Quantity which is not a reasonably
accurate forecast
21. Failure of Employer to give in due time entry to (or
exit from) the site

(continued)
22. Suspension of works by the Contractor due to
non-payment or compulsory suspension of works
due to withdrawal of Architect/ Engineer from the
supervision of the works
23. Suspension of the works by order of Authority

provided it is not due to the Contractors default.
24. Any other ground expressly stated in the Contract
Criteria for Granting EOT to Contractor

Under the PAM Contract, a fair and reasonable EOT can be
given to the Contractor provided:
Clause
23.6 - the Contractor must use his best

endeavours to prevent delay in the progress of the works;
and
clause 23.1 - the Contractor must give written notice to the

Architect in due time (28 days); and
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
Contractors obligation to notify

Architect of events causing delay
the
When it becomes reasonably apparent that the

progress of works is likely to be delayed beyond
the
Completion Date, the Contractor shall within 28 days
from the date of AI/ CAI/ Commencement of event:1. notify the Architect in writing identifying the relevant
events causing delay
2. giving details of the expected effect
3. Giving an estimate of the extension of time required
(EOT claim)
This notice is a condition precedent to an entitlement of
EOT
Assessing the EOT

Architect are able to request for additional
information that enable him to evaluate the claim for
EOT (within 28 days upon receiving Contractors
claim)
2. Architect shall within 6 weeks from receipt of
sufficient particulars reply to the Contractor if EOT
will be granted OR claim rejected
3. If granted, the Architect shall issue the Certificate
of Extension of Time to set a later Completion
Date
4. If rejected, the Architect shall issue a written notice
of rejection
5. The new Completion Date must not be earlier than
the original Date for Completion
1.
Contractors Default
No EOT shall be given where the Contractor is to

comply with Architects instructions to cure any default of
the Contractor himself (e.g. rectifying defects)
Employer shall not influence the Architects

decision to give EOT
The Architect must act independently in assessing the
Contractors claim for EOT
EOT. clause is put into the Contract to cater

for the delay caused by:1) Employer or the Architect
Without EOT Clause, the completion of works delayed by
the Employer/Architect will also relieve the Contractor from
his liability to pay liquidated damages and the time for
completion may become at large.
2) Neither party of the Contract
i) As a fair sharing of the risk between the parties.
ii) Under those events caused by neither party which are
expressly provided in the Contract, the Contractor is
entitled to EOT only. No monetary compensation will be
paid to the Contractor. (neutral event)
Can EOT clause be deleted?

1. In the absence of express Contractual power
to extend the time for completion, the
Architect could not do so.
2. Failure by the Architect to properly exercise
the power to extend time will cause the time
for completion may become at large.
Time is at large
- If time is at large, the contractor is only required to
complete the works within a reasonable period of time.
- However, this does not mean that the contractor has as
much time as he wants to complete the works
- Where time is at large, there will no longer be a fixed date
from which liquidated damages can run and therefore the
employer will lose its right to claim liquidated damages.
Loss and/or Expense
Under Clause 24.0, the Contractor is entitled to

claim for loss and/or expense if the regular
progress of works is materially affected
Therefore, in addition to EOT, the Contractor may

claim for loss and/or expense under the relevant
events, except under neutral events (i.e. not the
fault of Employer or his agents)
The Architect is to ascertain the Contractors claim

for loss and/or expense
Scenario 3- Contractor delayed but EOT granted

Award
Date of
Commencement
YES
Completion
Date
Default by Contractor?
Works not
completed
of Non-Completion
NO
No extension of time
will be granted
Certificate of Extension of time

(CNC revoked- clause 22.3)
Liquidated damages imposed

Contractor complete on a later
date Certificate of Practical
Completion
Liquidated
damages stop, Defect
Liability Period start
New Completion Date set

Completion
Scenario 3-Non-Completion Extra time given
Certificate of Extension of Time

Granted before completion date a later Completion Date will be
set
Granted after Completion Date Certificate of Non-Completion
might has been issued, issuance of Certificate of Extension of Time
will revoke the CNC issued previously adjustment on liquidated
damages
Scenario 4: -Extra time given, Contractor delayed on the new

date only complete on a later date
Award
Date of
Commencement
YES
Completion
Date
Default by Contractor?
Works not
completed
of Non-Completion
NO
No extension of time
will be granted
Certificate of Extension of time

(CNC revoked- clause 22.3)
Liquidated damages imposed

Completion
Liquidated
damages stop, Defect
Liability Period start
New Completion Date set
Contractor still unable to

complete on a later date
Revision Questions
1.
State whether the Contractor is entitled to claim

Extension of Time and Loss and/or Expense in
the following events and explain the reasons:
a. Delay due to the Sub-contractors mistake in
executing his work.
Outline Answers
a.
Not entitled to EOT and L/E because there is no

such provision in the contract. The Main Contractor
shall be liable for the Sub-contractors mistake
under the contract.
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.
Entitled to EOT and L/E under the provision of

clause 23.8(k) and clause 24.3(e)
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.
Not entitled to EOT and L/E because there is no

such provision in the contract.
Clause 1.2 contractors obligation to ensure
adequacy of all site operations
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.
Not entitled to EOT because the variation works

does not impact the critical path of the contractors
work programme. Not entitled to L/E.
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.
Entitled to EOT under the provision of clause

23.8(g) - variation works which affect the critical
path of the contractors work programme;
Entitled to L/E under clause 11.7 direct loss
and/or expense caused by variation
Revision Questions
(continued)
f.
Delay for one week due to flash flood.
Outline Answers
f.
Entitled to EOT under the provision of clause

23.8(a). Not entitled to claim L/E because flash
flood is a neutral event (not the fault of Employer
or his agents).
LECTURE 7:
UNIFORM BUILDING BY-LAWS (UBBL)
Objective of UBBL
To regulate the design and construction of buildings and the provision of

services, fittings and equipment for the purposes of securing the health,
safety, welfare and convenience of the persons in or about buildings, for
furthering the conservation of fuel and power, and preventing waste, undue
consumption, misuse or contamination of water.
UNIFORM BUILDING BY-LAWS (UBBL)

What is UBBL and why is it important?
UBBL is a compilation of
-
Standardised building regulations for the whole Malaysia and applicable

to all Local Authority and building professionals
Clarified line of legal responsibilities for buildings with clear definition on

the principal submitting person
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.
Street, Drainage and Building Act 1974

UBBL 1984 is a delegated legislation made under the Street,
Drainage and Building Act 1974 (Act 133).
UBBL 1984 comprises 9 Parts.
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
Definitions and interpretations used in the by-laws
Establish the powers of the by-laws and its identity
The procedures for submitting plans to the local

authority for their approval for permanent and
temporary buildings, advertisement and perimeter
hoardings
Rights, obligations & responsibilities of:
- Local Authority
- Qualified Person (architect, registered building

draughtsman or engineer)
- Land Owner / Occupier

Clause
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
Who is the submitting person

a qualified person who submits plans, other than building plans, to the
Commissioner or relevant statutory authority in accordance with these By-laws
and includes any other qualified person who takes over the duties and
responsibilities of or acts for the first-mentioned qualified person in
accordance with by-law 8

By-law 5: Supervision of work
- No building shall be erected unless the Qualified Person (QP)

undertakes the supervision of the erection and setting out of the building.

Submission, approval and certification
- Methods of submission of plans

- Contents & formats of plans to be submitted
(Form A: certification of building plans /
structural plans)
- Permits (for temporary works etc.)

- Notices
Form B: commencement/resumption of building
Form C: completion of setting out
Form D: completion of foundations

Form E: application for CFO
operation
Section 10 (1)
A) A site plan
proposed building site together with lot number
access to the site from the street, name of the street
distance from centre and side of roadway
complete line of surface water and foul water drainage
scale where the north point
Dimension of clearance between building and

boundaries
All lines proposed adjustment of land and lots

dimension where required by the local authority.
Existing and proposed ground level of the site
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 building and room and wall thickness
Dimension of the door and window, daylight area, airwells, back areas, open spaces of the building
Dimension between wall, piers and stanchions of the

foundation plan
Lines show permanent drainage of the site with arrows

indicating the direction of flow
Names and use of the rooms
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
Level of the street, roadside drain and verandah-way
Width and depth of foundations and thickness of walls, partitions

and floors
The height of the storey, staircase, doors and windows and

ventilating openings
Size, position and direction of floor joists and beams and the
construction of the roof
Material to be used in the construction of the structure
Front, rear and side elevations shows level of adjoining, floor

levels, main coping, parapets, and verandah heights, material
purpose for walls, windows and roof.
Clause 20
Advertisement Hoarding
Require temporary permit (annual)
Imposed by local authority
Sketch of drawing required to submit
Certificate of completion and

compliance (CCC)
A CCC shall be issued by the principal submitting person
(a) when all the technical conditions as imposed by the Commissioner

have been duly complied with;
(b) when Forms G1 to G21 in respect of stage certifications as set out in

the Second Schedule have been duly certified and received by him;
(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
Upon the issuance of the CCC, the principal submitting

person accepts full responsibility for the issuance of the
CCC and he certifies that the building is safe and fit for
occupation

Certificate of Completion and Compliance (CCC)
Criteria for the issuance of CCC:
QP certified in Form F (completion and compliance)
Authority
All
inspections
essential services provided

Generally
-
The required / minimum space (dimension}, light and ventilation to be

provided in building
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
Clause 32 - Open space requirement

-
The open space for building next to a street and backlane shall be
Type of building
Open space
Residential building
Not less than one third of the built on area of

the building lot
Non residential
building
Not less than one-tenth of the built on area

of the building lot
Special notes regarding calculation of open space

-
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
Clause 34 open space for detached building

minimum 2m clear space measured between extreme projection
of the building and boundaries of its lot
Minimum 4m clear space between other building

Clause 35 Access from a Street
-
Every building shall have access

from a street
Clause 37 Projections over the street and over building line

-
For a building abutting on a street, projection over the street for open,
verandahs, balconies, sun-shades etc may be permitted based on:-
Projection = [width of street (m) 10m]/2
Condition
Maximum projection is 1.25m clear of the approved line of street
Projection shall be at least 5m above road level (generally)

Clause 38 Width of footway
-
Width of verandah-way or uncovered footway shall be minimum 2.25m

Clause 39
Requirement for natural lighting/ ventilation
Residential building, Business (except school & Hospital)
Every room designed, adapted or used for

residential, business or other purposed
except hospitals and school shall be
provided with natural lighting and natural
ventilation by means of one or more
windows having a total area of not less
than 10% of the clear floor area of such
room and shall have openings capable of
allowing a free uninterrupted passage of air
of not less than 5% of such floor area.


Natural ligting not
less than 10% of
the clear floor area
a free uninterrupted
passage of air of not
less than 5%
Examples Clause 39
Floor Master Bedroom area 20m2
Window size = 2100mm (Width) 1200mm (Length)
Window area = 2.1m x 1.2m = 2.52m2
(2.52m2/20m2) x 100% = 12.6%
Since 12.6% > 10% of the minimum requirement (rule

comply)

Clause 39
Hospital
- shall be provided with natural lighting and natural ventilation by means of
one or more windows having a total area of minimum 15% of the clear floor
area of such room and shall have openings capable of allowing a free
uninterrupted passage of air of minimum 10% of such floor area.

Clause 39
School
- shall be provided with natural lighting and natural ventilation by means of
one or more windows having a total area of minimum 20% of the clear floor
area of such room and shall have openings capable of allowing a free
uninterrupted passage of air of minimum 10% of such floor area.
Clause 39 (3)
Natural Light = minimum 20% of clear floor area

Ventilation= minimum 10%

Clause 40
Bathroom
- shall be provided with natural
lighting and natural ventilation by
means of one or more windows
having a total area of minimum
0.2m2 per water-closet, urinal
latrine or bathroom + allow free
uninterrupted passage of air
Clause 39 (4)
Natural Light and Ventilation = not less than 0.2m2

per unit of w.c, urinal and etc
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
Minimum area of room in residential buildings
Residential building
- 1st habitable room minimum 11m2
- 2nd habitable room minimum 9.3m2
- Other rooms minimum 6.5m2
- Width of every habitable room minimum 2m
- Kitchen minimum 4.5m2 and minimum 1.5m width
* Habitable room does not include bathroom, water closet,
open verandah, terrace or garage
Clause 42 (1b)
Width (A) of room must not < 2m
Clause 42 (1c)
Area of kitchen not < 4.5m2

Width of kitchen not < 1.5m

Clause 43
Minimum dimension of latrines, water-closets and
bathrooms
1. Pedestal type closet fittings
minimum 1.5m x 0.75m
2. Other than Pedestal type closet fittings
3. Bathrooms
4. bathrooms with close fittings
minimum 2m x 0.75m
Clause 43 (a)
Pedestal-type closet
Length= Not < 1.5m

Width = Not < 0.75m
Clause 43 (b)
Other than Pedestal-type closet
Length= Not < 1.25m

Width = Not < 0.75m
Clause 43 (c )
Bathroom without closet fittings
Area = Not < 1.5m2

Width = Not < 0.75m
Clause 43 (d)
Bathroom with closet fittings
Area = Not < 2m2

Width = Not < 0.75m

Clause 44
The height of room
Residential building other than shophouses
- Living room and bedroom minimum 2.5m
- Kitchen minimum 2.25m
- Bathrooms, porches, balconies, verandah, garage
minimum 2m

Clause 44
The height of room
Shophouses
- Ground floor minimum 3m
- Upper floor minimum 2.5m
- Shophouses with depth >10.5m, upper room
minimum 2.55m
School
Hospital - minimum 3m
Factory
Other building generally

- Ground floor minimum
3m
- Upper floor minimum
2.75m

Clause 46
The height of room
Basement carpark
- Minimum 2.5m
Verandah-way
- Minimum 3.0m

Summary:Provision
of open space
(> 1/3 of built-on area for residential building)

Access
to a building (based on approved layout plan)
Projections over street & building line (< 1.25 m)
Residential
Natural light (10%) and Natural ventilation (5%)
Mechanical ventilation and air-conditioning
Residential - Minimum floor areas & dimensions

(First room > 11 sqm; kitchen > 4.5 sqm)
Minimum heights of rooms

(Living/bedrooms > 2.5 m; bath > 2 m)
Part IV: Temporary Works in Connection with

Building Operations
Signboard
Hoarding
Construction vehicle access
Fire fighting (high rise building > 18.3 m)
Part V: Structural Requirements
Building materials
Structural loading
- Calculation for dead load, imposed load and wind load
Parapet & balustrade

- Intensity of horizontal load
Foundations
Clause 73 1 a-c
LOAD TO FOUNDATION
safety sustain and transmit to the ground the combined

dead load and imposed load and wind load, such
manner as not to cause any settlement beyond the
limits designed for or other movement.
Be taken such depth as to safeguard the building

against damage by swelling and shrinking of the subsoil.
Be capable resisting attack by sulphates or any other

deleterious matter present in the subsoil.
Clause 73 1 a-c
DEAD LOAD = Permanent loads are weights of material,

equipment, or components that are relatively constant
throughout the structure's life. Eg: Weight of tank
IMPOSED LOAD = This is the force that will be imposed

on the property in the way of people, furniture and
fittings. Eg: Dining table and snow
WIND LOAD = Wind is air in motion. Structure deflects or

stops the wind, converting the winds kinetic energy
into potential energy of pressure, thus create wind
loads. Eg: Typhoon
Part VI: Constructional Requirements
Site drainage subsoil drains
Prevention of dampness damp proof course
Thickness of party walls (> 200mm thk solid masonry)
Kitchen & flues
Staircase & handrails
Roofs
Refuse disposal
Lifts (>4 storeys)
Swimming pools
Clause 84 (1-2)
Damp proof course
Prevent damp and moisture go into building

Comply BS 743
Clause 84 (3)
Brickwall or masonry wall founded on strip footing shall

provide damp proof course.
not < 150mm above the surface of the ground adjoining

to wall.
Clause 84 (3)
Floor require provide damp proof course.
not < 150mm above the surface of the ground level.
Defect from damp
Clause 86 (1)
All party walls shall not less than 200mm of total

thickness of solid masonary or insitu concrete. 2
separate skins could make up but not less than 100 mm
thickness.
For multi-storeyed flats and terrare houses of

reinforced concrete or steel protected steel framed
construction having floors and roofs constructed to the
requirement s of these by laws, the party wall thereof
shall not less than 100mm thickness
Party Wall
Clause 98
Maximum height of solid fence 1.8m for detached

properties.
Can construct more than 1.8m but not more than 2.75m
provided to permit the passage of light and air.
Clause 106 (1)
Riser not > 180mm

Tread not < 225mm
The dimensions of the riser and the tread of the staircase so chosen shall be
uniform and consistent throughout
Clause 107 (1-4)
Except staircase less than 4 risers, otherwise ALL must

provide at least one handrail.
Staircase more than 2225mm in width shall provide with

intermediate handrail for each 2225mm of requirement
width spaced approximately equally.
In building other than residential building, a handrail shall

be provided on each side of staircase when the width of
the staircase is 1100mm or more
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
Clause 108 (1-2)
Residential Building Stair Landing not < 1.80m
Horizontal intervals not > 4.25m
Not > 16 risers between each landing
Flight of staircase must more than 2 risers
Examples
Clause 113 (1-2)

Timber staircase
Timber staircase permitted if the

residential building not more than
3 storey height.
Fire rate for 2 hour is required for

timber staircase.
Clause 130 (1-3)
Swimming pool area shall provide changing room.
Changing room must be drainable, easy to clean and

non-slip impermeable material for its floor.
Height of changing room 1.8m
Part VII: Fire Requirements
Provision of compartment walls & floors
Fire appliance access (BL140) minimum proportion of perimeter of

building
Separating walls
Measurement of travel distance to exits (BL165)

(e.g. office: dead-end limit 15m)
Computing storey exit widths
Building with single staircase (BL194)

top most floor < 12m
Fire resistance for walls
Part VIII: Fire Alarms, Fire Detection,

Fire Extinguishment and Fire Fighting Access
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
Dry & wet rising systems

Dry rising: top most floor >18.3m but <30.5m
Wet rising: top most floor >30.5m
Command and control centre (bldg >30.5m)
Emergency power system storage battery / generator set
Part IX: Miscellaneous
Malaysian Standard Specification and Code Practice
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.
Part IX: Miscellaneous
First schedule: Plan processing fees
Second schedule: Form A, B, C, D and E
Third schedule: Mechanical ventilation
Fourth schedule: Weights of materials & loads
Fifth schedule: Purpose groups & compartments
Sixth schedule: Limits of unprotected areas
Seventh schedule: Maximum travel distances & capacity of exits
Eight schedule: Restriction of spread of flame over walls & ceilings
Ninth schedule: Limits of compartments & minimum periods of fire

resistance
Tenth schedule: Requirements for fire extinguishment, alarm systems and

emergency lighting

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BTBE 2033

BTBE 2033 Building by-Laws, Acts and Contracts

Introduction to Building by-Laws, Acts and Contract

Standard Forms of Building Contracts

Time in Building Contracts

Payment & Variation in Building Contracts

Indemnity and Insurance

Quality & Administration Procedures

Uniform Building By-Laws (UBBL)- Space, Light & Ventilation

UBBL Building requirements & Structural requirements

UBBL Fire requirements & Construction requirement

Street, Drainage & Building Act

Occupational Safety & Health Act

Environmental Quality Act

Professionals Acts; CIDB Act

BTBE 2033 Building by-Laws, Acts and Contracts

BTBE 2033 Building by-Laws, Acts and Contracts

Commissions a building project

Two categories of Client:

Client may rely solely on his Consultants to advise him

BTBE 2033 Building by-Laws, Acts and Contracts

Advisors to the Client in a building project

Architect and/or Engineers

BTBE 2033 Building by-Laws, Acts and Contracts

Contractor and Employer (Client) are parties to a building contract

Traditionally, the Contractor executes and completes the building works in

BTBE 2033 Building by-Laws, Acts and Contracts

BTBE 2033 Building by-Laws, Acts and Contracts

Lump Sum Contract

Unit Price Contract

Cost Plus Contract

BTBE 2033 Building by-Laws, Acts and Contracts

Lump Sum Contract

This type of contract is suitable if the scope of works is sufficiently defined

BTBE 2033 Building by-Laws, Acts and Contracts

Unit Price Contract

BTBE 2033 Building by-Laws, Acts and Contracts

Cost Plus Contract

This type of contract is suitable where the scope of the works is

BTBE 2033 Building by-Laws, Acts and Contracts

Standard Forms of Building Contracts

To facilitate the ease of contract management

To enable various parties involved in a building contract to easily

Cost saving familiarity with their operation, limitations and

Reliability - avoiding unwarranted disputes in court or arbitration

more balanced allocation of risk between the contracting parties

BTBE 2033 Building by-Laws, Acts and Contracts

Types of Standard Forms of Building Contract Commonly Used in Malaysia:

PAM Form (issued by Pertubuhan Akitek Malaysia)

IEM Form (issued by Institution of Engineers Malaysia)

CIDB Form (issued by the Malaysian Construction Industry Development

Standard Forms of Building Contract Commonly Used internationally:

BTBE 2033 Building by-Laws, Acts and Contracts

PAM 2006 (previously 1998) with quantities

PAM 2006 without quantities

PAM NSC 2006 to be used for NSC where the main

BTBE 2033 Building by-Laws, Acts and Contracts

Pertubuhan Arkitek Malaysia (PAM)

Private Sector projects

Contracts undertaken through Traditional

Government / Public Sector

PWD Form 203A (Rev. 2010)

PWD Form 203N for Nominated Sub-Contractors