CONFIDENTIAL 2 EC/OCT2020-FEB2021/ONLINE TEST/CEM583

QUESTION 1

a) Written Law is one of the sources of law in judicial system. Provide THREE (3) examples
of written law relevant to construction industry in Malaysia.
(C1-C2, CO1:PO3, 6 marks)
ANSWER

b) Engineers like other professional people, have a duty to acquire a working knowledge of
the law as it affects their professional work. In the case of an engineer, the relevant fields
of law are notably those of contract, especially the standard forms of building contract,
and the various statutory regulations, such as the Building Regulations, planning law,
health and safety law, procurement law, and the like. An engineer will also want to know
about the areas of law which affect him or her personally.
From the above-mentioned statement, sketch a chart to explains the classification of law
in Malaysia and suggest to your client which law he should follow if there is a fight in the
workplace between the sub-contractor and main contractor caused by their personal
problems.
(C3-C4, CO1:PO3, 8 marks)
ANSWER

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QUESTION 2

a) The Occupational Safety and Health Act (OSHA) 1994 is a piece of Malaysian
legislation which was gazette on 25th February 1994 by the Malaysian Parliament. With
reference to the OSHA 1994, list down THREE (3) key duties of the principal contractor
on safety and health management when a notifiable construction project is being
undertaken.
(C1-C2, CO1:PO3, 6 marks)
ANSWER

b) Table 1 show the staff information of the security company Zibra Force: -

Name Sukarno Agus Malik Bin Ridzuan

Age 56 54
Citizens Indonesia Malaysia
Status Permanent Resident Citizens
Salary RM 2500 RM 3000
Allowance RM 500 -
Position Security guard Security guard
Workplace Aeon Supermarket Seberang Hospital Seberang Jaya
location Jaya
Table 1: Staff Information
By using the information given, analyse whether the two employees are eligible for
Employees Social Security assistance or not if they are involved in an accident at
workplace.
(C3-C4, CO1:PO3, 10 marks)

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ANSWER

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QUESTION 3

a) Contractor ABC has been appointed to build a Warehouse by company XYZ using
Design and Build contract. The agreed construction completion period is one year
starting from November 2019 and ending in October 2020. To expedite the project, the
client has agreed with the contractor design proposal to fully use the Industrial Building
System (IBS) concept. The actual percentage of contractor work progress before the
Movement Control Order (MCO) (March 2020 to May 2020) is 5% ahead of the
schedule progress, however after the MCO, the actual percentage of contractor work
progress is delayed 2% per month for 4 months. The Contractor ABC informed that the
delay was due to IBS suppliers not being able to supply their IBS component according
to the schedule as requested by the Contractor ABC after the MCO. After discussion,
the client agrees to allow Contractors ABC and their consultants to amend the
construction method from the IBS system to the construction system using steel,
without involving any additional costs.

From the scenario, discuss FIVE (5) steps that need to be taken into account by
clients, consultants, and contractors to reduce or prevent disputes from occurring in a
construction project.

(C3-C4, CO1:PO3, 15 marks)

ANSWER

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b) Produce a simple flow chart to explain the steps that the contractor needs to take action if
there is a dispute in terms of payment between the contractor and the developer in the
construction project.
(C5-C6, CO1:PO3, 15 marks)
ANSWER

END OF QUESTION PAPER

ON MY HONOR, I HAVE NEITHER GIVEN NOR RECEIVED AID ON THIS ONLINE TEST.

“The greatest truth is honesty, and the greatest falsehood is dishonesty.” Abu Bakr RA
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