You are on page 1of 10

LEGAL RESEARCH

PROPOSAL
ARCHITECTS INSTRUCTION
BY: SUHAILA ENDUT

INTRODUCTION
The word architect originated from Greek word arch
meaning chief and tekton meaning carpenter or builder. In
order for architect to design and interpret the design into
reality, they are dependent on other people. Profession as an
architect required them to face difficult task of translating
clients brief and requirement into design through drawings,
models and others media. The profession of architect is
subject to the Board of Architects (Lembaga Arkitek
Malaysia). The definition of Professional Architect is defined
by Board of Architects Malaysia under sub section 10(2).
Under Article 3, the Employer has a duty to appoint the
Architect. The named Architect, engaged by the Employer is
thus entrusted with the administration and supervision of the
building contract.

The significance of the Architects impartiality in his role as


an independent certifier in building contract administration
cannot be dispute. The Architects function as the certifier
must be in good faith and professional judgement,
eventhough he is employed by the Employer. As a certifier
under a building contract, Architect has to act impartial and
independently and should not be subject to the orders or
instructions of either the Employer or the Contractor.
Clause 2.2 of PAM 2006 state that;
All instructions issued by the Architect shall be in writing
expressly entitled Architects Instruction (AI). All other
forms of written instruction including drawings issued by the
Architect shall be an AI:
2.2(a) upon written confirmation from the Contractor
entitled Confirmation of Architects Instruction (CAI); or
2.2(b) upon subsequent confirmation of written instruction
by the Architect with an AI.
In PWD 2007, clause 5.1 state that;
The S.O. may from time to time issue further drawings,

In PAM 2006, all instruction from architects must be in


a format of AI to make it valid. On the other hand, in
PWD 2007, drawings, details and any written
instruction could be considered as valid instruction.

PROBLEM STATEMENT
The question is, in PAM 2006, can amended drawings
(sketches), emails, and letters from architect
considered as valid and acceptable form of instruction
if the project is under PAM 2006? Can contractor
challenge the validity of such documents ?

OBJECTIVE OF RESEARCH
The objective of this research is;
1. To understanding the provisions in the standard
forms of contract to issue instruction.
2. To determine the quality and attributes for
instruction to become AI.
SCOPE OF RESEARCH
Will cover on the provision of clause 2.2 of PAM
2006, in comparison to the similar clauses in PAM 98
and other standard form of contract to conclude into
what are the form and format for valid and acceptable
AI.

SIGNIFICANCE OF RESEARCH
What will be the consequences when humans tend to
forget on instructed matters in the past, or maybe
when there are changes in personnel of construction
organization? The previous instructions may be
neglected and disputed. Hence, traceability of
documents is extremely required. If the contractor
proceed with the works but apparently the document is
not recognized as valid, it may bring long and injustice
to the contractor.
This finding may help contractor to identify and
determine works instructed by architect is valid and
accepted instructions. It also may help architects to be
aware of the importance of valid instruction.

RESEARCH METHODOLOGY
1.
2.
3.
4.

Standard of contract, especially PAM 2006.


Literature review
Supporting case law from Lexis Nexis Engine
Internet page

REFERENCES:
1. Chappell, David & J. Willis, Christopher (1992) The
Architect in Practice, 7th ed., Blackwell Scientific
Publications.
2. Tan, P.L., Low, K. S., Sum, P. M. J., and Chee. S. T.
(2010), Handbook For PAM 2006 Contract, Malaysia:
Pertubuhan Akitek Malaysia.
3. Architects Act 1967 (Act 177) (incorporating
amendments up to April 2007) , Lembaga Arkitek
Malaysia.
4. Architects Act 1967 (Act 117) & Rules
5. Ar Thurai Das Thuraisingham, Das Azman Architects
Sdn Bhd, The Architect as Contract Administrator: Al
Legal Perspective, Presentation at the Malaysian
Institute of Architects, Northern Chapter on 12 Nov

TABLE OF CONTENT
Chapter
Chapter
Chapter
Chapter

1:
2:
3:
3:

Introduction
Architects Instruction Practice
Case Law analysis
Conclusion and Recommendation