The Practices of A Consulting QS: MH

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The Practices Of A Consulting QS

Quantity Surveyors Act 1967:


• the act provides for the establishment of the
BQSM for the registration of QS and approval to
MH COPY
practise of firms or bodies corporate practising as
CQS
• for the regulation of the practice of QS
• QS ACT 1967 was enacted throughout Malaysia
in 1st December 1973
• No person is allow to call a QS if he / she is not a
registered QS
The Practices Of A Consulting QS

Quantity Surveyors Act 1967:


• not allow to practise or carry on business or take
up employment as a QS under any name, style or
MH COPY
title containing the words “Quantity Surveyor”,
Building Economist”, Building Cost Consultant”,
“Project Cost Consultant” or the equivalent thereto
in any language or bearing any other word
whatsoever in any language which reasonably be
construed to imply that he is a registered QS
The Practices Of A Consulting QS

Quantity Surveyors Act 1967:


• no person or body other than a registered QS who
is residing and practising in Malaysia or firm or
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body corporate practising as CQS in Malaysia
shall be entitled to carry out the following task:
a) prepare feasibility study reports
b) preliminary estimates & cost plans
c) pre-qualification of contractor
d) bills of quantities
The Practices Of A Consulting QS

Quantity Surveyors Act 1967:


e) tender estimates & reports
f) contract documents
MHCOPY
g) valuation of works for interim payment
h) variation and final accounts
i) provide professional services as project cost
management, value management, risk
management, facilities management, project
management, construction management,
The Practices Of A Consulting QS

Quantity Surveyors Act 1967:


i) construction claims management, dispute
resolution services, technical and construction cost
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auditing and condition survey. However; it shall
not affect the right of any architect. engineer,
licensed land surveyor, valuer and appraiser for
the time being registered under the relevant laws
of such professions
The Practices Of A QS

Roles of a QS in contracting firm:


• to submit tender based on BQ prepared by CQS or
lump sum tender without BQ
• MH COPY
attend tender interview
• to check contract document before signing
• to submit progress claims
• to submit variation order (VO) claims
• to submit EOT / loss and expense claim
• site measurement
The Practices Of A QS

Roles of a QS in contracting firm:


• managing sub-contract agreement with NSC / NS
• final accounts

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disputes settlement
• all related contract administration of a project e.g.
submitting performance bond, insurance of works
The Practices Of A QS

Roles of a Consulting Quantity Surveyor:


a) provide professional services to clients
• preparation of preliminary estimates and cost
plans MH COPY
• preparation of BQ and other tender documents
• preparation of tender reports and contract
documents
• valuation of works in progress / variation of works
• preparation of final account
The Practices Of A QS

Roles of a Consulting Quantity Surveyor:


• preparation of feasibility studies including income
/ expenditure cash flow
• MH COPY
preparation of final costs for contracts based on
provisional BQ
• pricing of BQ or pricing and agreeing schedules of
rates
• Re-measurement whole or part of the building
due to re-planning, change in layout
The Practices Of A QS

Roles of a Consulting Quantity Surveyor:


• preparation and attendance for arbitration /
litigation
MH COPY
• preparation of document and report for
pre-qualification of contractors
Roles of CQS In Building Contract

PAM form 2018:


• article 5 states that the QS named shall perform
the duties expected of his profession, and the
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Architect may be from time to time delegate such
duties and authority of the Architect to the QS as
the Architect deem fit
• clause 3.2 to keep custody of the original tender
document for inspection by Employer and
Contractor
Roles of CQS In Building Contract

PAM form 2018:


• clause 3.3 without charge give to Contractor one
copy of the contract documents, two copies of the
un-priced BQMH COPY
• clause 11.5 all variation shall be measured and
valued by the QS. Contractor must provides all
necessary and assistance to QS to carry out the
works
Roles of CQS In Building Contract

PAM form 2018:


• clause 11.6(d)(ii) day-work records/ vouchers
verified by site staff shall be delivered to QS at
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weekly interval for assessment and costing
• clause 11.6(f) provisional quantities in the contract
document shall be re-measured by QS based on
actual quantities executed
• clause 11.7(b) send complete particulars of
contractor’s claim for additional expenses due to
variation of works instructed by Architect to QS
Roles of CQS In Building Contract

PAM form 2018:


• clause 11.8 QS shall access to all book,
documents, report, papers or records in possession
MH
MHCOPY
MH
Your
COPY
C Text
Tex
COPY
COPY
er Text
,custody or control of the Contractor for
evaluation of his claims
• OHere
t
clause 12.0 contract bills
• P
clause 24.1(b) send to QS complete particulars of
Contractor’s claim for loss and or expense
• Y
clause 24.2 QS shall access to all books, etc.
Contractor to provide copy foc to QS
Roles of CQS In Building Contract

PAM form 2018:


• clause 24.4 QS to ascertain the amount of such
loss and or expense
MH
Your
COPY
Here
COPY
Text
• clause 25.5 QS shall carry out inspection of site ,
Here
jointly record extent of works executed and
materials and goods delivered to site within 28
days of determination of Contractor’s employment
• clause 25.6 QS to submit final account for
agreement within 6 months after determination of
Contractor’s employment
Roles of CQS In Building Contract

PAM form 2018:


• clause 25.6(a) within 3 months of the final account
receipt from QS and if there is no dispute; the final
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account as prepared by QS shall be conclusive and
deem agreed
• clause 25.6(b) if any dispute; the QS has to resolve
the final account within 3 months from receiving
written notice from Contractor
Roles of CQS In Building Contract

PAM form 2018:


• clause 26.5 within 28 days of determination of
employment by Contractor; QS shall visit the site
MHCOPY
and jointly record the extend of works executed,
materials and goods delivered to site
• clause 26.6(a) QS to issue final account for
agreement within 6 months of determination
• clause 26.6(b) within 3 months of the final account
receipt from QS and if there is no dispute; the final
account shall be conclusive and deem agreed
Roles of CQS In Building Contract

PAM form 2018:


• clause 26.6(b) if any dispute; the QS has to resolve
the final account within 3 months from receiving
MH COPY
written notice from Contractor
• clause 30.1 contractor to submit payment
application with complete details and particulars
to QS to enable him to ascertain the amount to be
included in the interim certificate
Roles of CQS In Building Contract

PAM form 2018:


• clause 30.4 QS to submit to Contractor complete
details on Employer entitlement to set-off
MH COPY
• clause 30.10QS to complete the final account
within the period stipulated in the appendix with
copy send to Contractor and Employer
• clause 30.10(a) within 3 months of the final
account receipt from QS and if there is no dispute;
the final account shall be conclusive and deem
agreed
Roles of CQS In Building Contract

PAM form 2018:


• clause 30.10(b) if any dispute; the QS has to
resolve the final account within 3 months from
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receiving written notice from Contractor
• beside the above duties of a CQS in PAM 2006
form as mentioned in article 5; the CQS duties
includes advices on performance bond, insurances,
LAD, EOT, arbitration
Employer

• Employer is one of the parties to the


contract, the other being the contractor.
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• The employer can be a property developer
who build and sell, an occupier who build
for own used.
• The employer is the landowner.
• He appoints the consultants e.g. architect,
engineers, CQS etc
Employer

• Enter into contract agreement with


contractor using standard form of building
contract.
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• Have contractual duties to perform under
the contract agreement entered into with the
contractor e.g. payment for work done etc.
• Engage professional consultants as project
designers and as contract administrator.
Professional consultants

Because the development process is so complex and most


employers do not have the range of skills and expertise
that are required; the employer needs the professional
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services of the consultants.

Architect
• traditional the leader of the design team as well as a
contract administrator on site during construction.
• submit building plans to local authorities for approval.
•to supervise the contractor work done on site i.e. quality /
workmanship.
•To certify practical completion for occupation by owner.
Professional consultants

Consulting quantity surveyor


• Small residential project may not has CQS.
MH COPY
• CQS provides pre-contract and post contract
QS services; preliminary cost estimate and
cash flow, preparation BQ, calling tender
and tender evaluation report, issue QS
valuation certificate for architect, assisting
architect in evaluation L&E claims, EOT,
prepare final account
Professional consultants

C & S Engineers / M & E engineer


• Responsible for C&S design and M&E
design. MH COPY
• Obtain approval from authorities e.g. bomba
• Supervise all engineering works
• Certify all engineering work complete
before architect issues CPC.
Professional consultants

Other professions
• A wide range of other professions are
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associated and used. It depends on the type,
nature and complexity of the building
project
• Town planner / interior designer/landscape
architect/traffic management consultant etc.
Contractor

• It is normally called main contractor


• Sign contract agreement with employer
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• Engage domestic sub-contractors / suppliers
to complete the works.
• Enter into nominated sub-contract
agreement with NSC /NS nominated by
architect.
Contractor

• Fully responsible for all safety and works on


site once site possession is given by
employer to the contractor.
MH COPY
• Responsible to all NSC / NS works and
coordinate their works closely toward the
completion date.
• delay in completion liquidated damages
will be imposed by employer
Nominated sub-contractors

• Undertake specialist works listed in contract


document / PC sum items.
MH COPY
• Entered into sub-contract agreement with
main contractor
• Obtain progress payment from main
contractor as stated in contract. Very often
is back-to back payment.
• Responsible for their delay, Liquidated
damages can be imposed by employer.
Nominated suppliers

• A list of PC sum items for supply of


materials will be stated in the BQ.
MH COPY
• Tender will be called by CQS and NS
selected by employer and nominated by
architect for main contractor to enter a
nominated sub-contract agreement.
• To undertake the supply of the materials
specified at the time stipulated by the MC.
Nominated suppliers

• Any delay in the supplying of the materials


to the main contract by the NS; Liquidated
damage shall be imposed by the main
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contractor.

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