WHY I HATE CONSTRUCTION LAW

Construction law is a body of law that deals with matters relating to building construction and related fields. It covers a wide range of legal issues including contract law, bonds and bonding, guarantees and sureties, liens and other security interests, tendering, construction claims, and related consultancy contracts. Construction law affects many participants in the construction industry, including financial institutions, surveyors, architects, builders, engineers, construction workers, and planners (Wikipedia, 2012). From the Wikipedia, it was clearly stated that construction law as a rule which people must obey to whatever that relate to legal issue. However, when implement the construction law to the user it can become bias. For example, in Malaysia, the corruption problem was been serious issue. Based on Malaysian society of transparency and integrity, 2006, corruption in public procurement is a major concern as governments purchase goods and services for their ministries and agencies, and build large infrastructural. The question is why the corruption still occurs while the law such as construction law was implemented in the rule and obligation.

Government and any other authorities was produce standard form such as PWD Standard Form of contract, PAM Standard Form of contract, CIDB Standard Form of contract and so on. Those standard forms were created for architects, clients, consultants, contractors and so on to follow the rules and obligation. However, most of those parties didnt obey the law which was been set and because of that, many projects in Malaysia were delayed. Why bother create such law if it never was followed hence creates many consequences especially for the end user.

For example, the case of landslide at Bukit Antarabangsa. Based on The Star, December 6, 2008, a massive landslide occurred in Bukit Antarabangsa at about 3.30am Saturday. The landslide cut off access by the main road to the residential areas at Bukit Antarabangsa, trapping hundreds of residents. It clearly stated from The Star, the design for preventing landslide to occur was failed, but why the design is approved by the local authorities when it obviously shown the design was fail.

The Ex-Prime Minister, Datuk Seri Abdullah Ahmad Badawi lamented that Malaysians never want to learnt from past experiences They want good views while developers only seek to profit; but no one takes safety and soil stability into consideration (L.K. Siang, 2008). From the statement of Ex-Prime Minister, it clearly pointing to the parties involved which they didnt take seriously for what will happen in the future, the one who should take the responsibilities of what happened of the Bukit Antarabangsa is between the contractor and the local authorities. Both of the parties must make sure that the design is safe and can stand for any consequences. Every time such an incident occurs, we hear the same old familiar staement, no more development on hill-slopes. But everywhere we go, we see development on hill-slopes. Maybe it is because bribery and corruption that the failure design been approved. That is why I hate construction law, it because in real life, the rich dominates everything, they can make the impossible became possible, no law cant stop what they want to achieve including the construction law. It was useless.

So, when it comes to construction law, why we must learn its which needs so many things to study and memorize. Theres no denying that the rule and obligation such as the standard form of contract was been followed by the contractors, consultants, and so on, but theres also parties that denying the rule and obligation that was been stated. It is difficult to be person who involves in legal binder or being part of approving something. That is why I hate construction law. Not just to study the subject which is hard to score, but it also been hard in real life, it became something that relates to religion which you must choose the right path or it will become sin. For example, Ali as a Superintendent Officer (S.O), he supervised a project which certain of the building structure has honeycomb defect after completion. According to P.W.D. FORM 203A (Rev. 2007) 48 (a), At any time during the Defects Liability Period as stated in Appendix hereto (or if none stated the period is twelve (12) months from the date of practical completion of the Works), any defect, imperfection, shrinkage or any other fault whatsoever which may appear and which are due to materials or goods or workmanship not in accordance with this Contract, the S.O. shall issue written instruction to the Contractor to make good such defects, imperfections, shrinkages or any other fault whatsoever at the Contractor's own cost.

The Contractor shall complete all such works with due expedition or within such time as may be specified by the S.O., but the contractor didnt want any loss from the project then the contractor bribe Ali which make sure Ali didnt make any report regarding the defect. Then Ali accepts the money and the defect are not fixed. It is very dishonest but it is really will occur in real life. That is why I hate construction law, so many challenges.

Not just in works, in studying the subject also as difficult as it is, To study the construction law, it takes so many clauses to memorize. For people with poor memory, it was a difficult task. For the FORM 203A (Rev. 2007), there is about 78 clauses that needs to memorize. It was too much and too many things to remember. Not only that, each of every clauses have sub-clauses which sometimes it contains more than 5 items. For PAM standard form, it has 38 clauses and each of every clause also have sub-clauses. For me, I didnt want to involve in the legal matters because I want to be a boss which I can appoint someone to this matters.

Now, the construction law subject that I currently go through is about an extension of time. Actually, I dont understand about the topic perfectly because of the lack of concentration and focus. It was because I hate to the subject, the concentration and focus also been disturb. The learning process only show clauses, theory and from the past cases, it was really makes me lose focus. To compare to other subject such as construction technology which have picture of method, videos, and lots of imagining situation, the construction law has nothing except clauses.

Also, the schedule of construction law subject has two slots which at morning and evening, because of the learning process is very long for about 2 hours, sometimes I get sleepy especially at the morning session and for the evening session, the mood to studying is at low state which usually at evening we get some rest and sports activity. Sometimes, the lecturer giving too many lecture in one class which students cant digest all the information that been received which results the student will get headache or stress toward the subject. That is why I hate construction law. It was difficult in everything.

Not only when the learning process, the assignment also makes me headache. All the assignment of the construction law must have fact. Must be present and all the report must have citation. It also needs case study for certain assignment. Not only the subject leaves no choice for student to memorize, it also makes student difficult to complete the assignment that was been given by the lecturer. Not only assignment, the subject also have tutorial. Theres plenty of tutorial need to be complete during the learning process. It makes students feel exhausted, but in the end, all the tutorial and assignment not be applying in the world of work, only to accomplish the syllabus only. After all the hard task, there comes the final exams which be the most stressful part where the student stay up just to memorize all the clauses and theory that have tons of it and dont know what will going to come out in the exam. Sometimes the lecturer will give hints what will come out in the exams, but some lecturer didnt give anything. That is why I hate construction law.

I hope the subject will be interesting somehow; perhaps there is some interactive learning process to learn construction law in other ways such as make the learning process has sense of humor and it is lecturer responsibility to became more aware that it is a challenge into hold the attention of students. Due to the fact that todays society is more familiar with the glitz and speed of TV and video games. In a nutshell, lectures retain a major educational role because they exploit evolved aspects of human nature to make learning easier and more effective when compared with electronic and literacy-based media. And, as university teaching continues to expand, it is important to make learning as easy as possible. Instead of trying to phase-out lectures, we should strive to make them better. To do this entails understanding how lectures exploit human psychology - especially the fact that lectures are essentially formal, spoken, social events.

(1, 506 words)

References 1. Wikipedia, retrieved on 17 April 2012, Construction Law,

http://en.wikipedia.org/wiki/Construction_law

2. Malaysian Society Of Transparency And Integrity, 2006, The Malaysian Governments Anti-Corruption Dive, KDN Permit No.:PP11959/10/2006 Vol 7 No 1. 3. The Star, December 6, 2008, Massive landslide at Bukit Antarabangsa,
http://thestar.com.my/news/story.asp?file=/2008/12/6/nation/20081206081039&sec=nation

4. Lim Kit Siang For Malaysia, 2008, Bukit Antarabangsa landslide disaster criminal negligence after Highland Towers tragedy 15 years ago,
http://blog.limkitsiang.com/2008/12/07/bukit-antarabangsa-landslide-disaster-%E2%80%93criminal-negligence-after-highland-towers-tragedy-15-years-ago/