CONSTRUCTION LAW (63804)

1.0 Acknowledgement

Specially thank to my lecturer, Mr. Wong Chong Wei for assigning and guiding us through the project. He has given us this opportunity to produce this report and helped us understand more on the related matter on Construction Law.

2.0 Module Synopsis

The module provides an understanding of the principles of construction laws and its applications. By understanding the basic principle of construction law, the importance of adhering to the specific procedures and notices are emphasized. The next phase is to develop an in-depth knowledge on the application of the law and the remedies available to the parties. Subsequently, we will be able to adopt a systematic approach to analyze disputes and the respective liabilities. Lastly, this module focuses to enhance our knowledge on matters involving contractual claims and its assessment.

3.0 Module Teaching Objectives

1. To understand the general principles on the formation of a contract and remedies in the event of breach.

2. To understand the roles and liabilities of architects, quantity surveyors and other professionals in relation to professional negligence and the use of collateral contract.

3. To appreciate the laws relating to payments, contractual claims and interpretation rules of ambiguity found in documents.

4. To understand the laws relating to land and construction industry with regards to National Land Code, Street, Drainage and Building Act, Uniform Building By-Law, Strata Title Act, etc.

5. To appreciate the principles and procedures of litigation, arbitration, adjudication and other alternative dispute resolution (ADR) stated by the Malaysian Government and Standard Form of Contract.

4.0 Module Learning Outcomes

Upon successful completion of the module, students will be able to:

1. Identify, explain and distinguish the various laws related to the construction industry including land law and construction statutes by demonstrating knowledge and understanding of the principles in law, conditions of contract and the applicable statutes.

2. Analyze, interpret and apply this knowledge on the principles of law in administration of contracts and contractual claims including providing evidence of reasoned advice in relation to contractual claims and interpretation of any discrepancies of various contract documents.

3. Take appropriate methods of dispute resolution for different situations arising from construction contract

5.0 What I have gained in this Module:

5.1 Discipline Specific Knowledge

The knowledge that I have gained from classroom is able to answers for the assignment given by my lecturer. We were given a group assignment whereby we are required to be in Quantity Surveyor position to advice our Client either Employer or Contractor. By advising our Client what are the applications that shall be followed before any action can be taken toward the contractual parties. Besides, we also required to advice or encourage our client the best solution with the situation that our Client handling. 

5.2 Lifelong Learning

This module required us to be more independent and able to extract the information from the official website of CIPAA and FIDIC Form of Contract. To complete this assignment, we are required to do our own research and to identify the answer based on our assumption.

5.3 Thinking and Problem Solving Skills

The group assignment given was not on the direct type. Hence we are required to think and come out with the solution in respond to answer our assignment question. Without a doubt, if there is no teamwork in carry out this assignment, the assignment would not be successfully done.

5.4 Interpersonal skills

In this module, one of our assignments is presentation, where all of us were grouped in a three. The purpose of having this presentation is for us to experience the way of sharing the knowledge that we were further research on the topic we presenting. This also provided with the case law that relates to the topic. We also required presenting out our understanding and answering the question raised by classmates or lecture. Through this, I realized the importance of working as a team to deliver the message to the course-mate.

Conclusion, QS is a profession in the construction industry where to advice the client in term of monetary, quality and time. Therefore, before advising the client, it required analysis on the entire situation which accordance with the contract in order to have more precise advice to the client.