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4. Knowledge of laws having relevance

A basic knowledge of laws having relevance to the practice of civil and structural, mechanical and electrical engineering, as applicable to the discipline of the practice. Basic knowledge should only cover the function and aim of the particular law that has relevance to a PEPC’s practice.

  • Local Council Act
  • Town Planning Act
  • Street, Drainage & Building Act and the Uniform Building By Law (for candidates in Sabah or Sarawak the appropriate Building Acts shall be referred to)
  • Fire Services Act – Guide to Fire Protection in Malaysia
  • Environmental Quality Act
  • The Electricity Supply Act
  • The Gas Supply Act
  • The CIDB Act
  • The Construction Industry Payment and Adjudication Act (CIPAA)
  • The Energy Commission Act
  • OSH Act – MS1722 Occupational Safety and Health Management System
  • Factory and Machinery Act
  • Water Services Industry Act 2006

5. Knowledge of Contract Laws in Malaysia with respect to the construction industry

  1. Basic concept of common law as practiced in Malaysia.
    • Introduction to Contract Law;
    • Offer and Acceptance
    • Considerations
    • Intention to create a legal relationship
    • Legal capacity
    • Formalities
    • Conditions when contract is void and voidable.
    • Conditions when contract is unenforceable
    • Privity of Contract
  2. Various types of construction contracts:
    • Direct contract
    • Nominated sub contract
    • Direct sub contract
    • Turnkey contract for design and build
    • PAM Main Contract Form
    • JKR 203 Main Contract Form
    • JKR Design and Build Contract
    • FIDIC Contract Form
  3. Issues relating to construction contracts
    • Functions of Memorandum of Understanding, Letter of Intent, Letter of Acceptance etc.
    • Remedies for breach of contract
    • Dispute resolution and arbitration
  4. Understanding the duties and responsibilities of the different roles of a professional engineer as:
    • Consultant
    • Site Agent
    • Superintending Officer
    • Adjudicator
  5. The consultancy agreement  with the client

 

6. An in-depth knowledge of the functions of the consulting engineer during the various stage of project implementation in accordance with BEM Model Form of Agreement.

  1. Feasibility and preliminary stage
  2. Design stage I
  3. Design stage II
  4. Tender stage
  5. Construction stage
  6. Post construction stage

7. Management of Engineering Consultancy Practice

  1. Good governance practice in accordance with the Companies Act and Regulations.
  2. Awareness of the implications of the penalties involved for violation of the intellectual property.
  3. Methods of charging professional fees and reimbursable items to the client for services rendered in accordance with the BEM Scale of Fees.
  4. Basic knowledge of local labour laws.
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