Lecture 11 - Certificates CCC (2)

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LECTURE 13.

CERTIFICATES AND CCC


130721
PROFESSIONAL PRACTICE 1
LECTURE 13
1. Introduction 300321
2. Architect and Allied Professionals 060421
3. Duties and obligations of An Architect 130421
4. PAM & LAM Compared 200421
5. Architect’s Act 270421
6. Codes of Professional Conduct 040521
7. Architectural Consultancy Practices (ACP) 250521
8. Architect’s Basic Service 010621
9. Authority submission Procedures 080621
10. Tender Procedure 150621
11. Building Legislation & Building By-Law 220621
12. Contract Management 290621
13. Certificates of Compliance & Completion (CCC) 130721
14. Revision 130721
 There are several certificate issued by Architect during Contract Management
Stage, namely:

 1.0 INTERIM CERTIFICATE


 Certificate issued by Architect for progress payment. Normally Contractor submitted
their progress claim to the Architect based on the amount of completed work and
materials delivered to site in stages, usually every 2 weeks or one month.
 Quantity Surveyor will conduct site evaluation based on contractor’s claim. Some
adjustment is made by the QS based on the actual assessment on site. Evaluation is
submitted to Architect for his checking. If the Architect agree with QS evaluation, he
the issue the Interim Certificate.
 2.0 CERTIFICATE OF EXTENSION OF TIME (EOT)
 This certificate is issued upon the EOT claimed by the Contractor is accepted.
It stated the number of days granted and the new date of completion.

 3.0 CERTIFICATED OF NON-COMPLETION (CNC)


 Once the Contractor delay beyond the completion date as mentioned in the
contract with no initiative to proceed with the work, CNC shall be issued to
the Contractor provided that at least 3 warning letters issued to the
Contractor earlier reminding them of the delay and their steps to be taken to
avoid delay.
 Upon receiving this certificate the Contractor to stop all activity at site. The
site will be sealed. Performance bond shall be claim by the Employer and
Retention Fund shall also be retain by Employer.
 4.0 CERTIFICATE OF PRACTICAL COMPLETION
 Issued to the Contractor once in the opinion of the
Architect that the work is practically completed and
ready for use as what it is intended for minus minor
defects which shall be make good during DLP
Clause 15: PRACTICAL COMPLETION AND DEFECT LIABLIITY

15.1 The works are practically completed where


15.1(a) Practical Completion is where in the opinion of an Architect
that the Employer can make full use of the building/works for their
intended purposes notwithstanding defect with minor in nature.
Contractor has to write to the architect to inform of their intention.
15.1(b) other requirements expressly mention in the contract as a
pre requisite for the issuance of CPC
15.2 CERTIFICATE OF PRACTICAL COMPLETION
Contractor give notice to Architect when the works is Practically Completed and Architect to reply
within 14 days to either one of the following:

15.2(a) If in the opinion of the Architect the works is not Practically Completed, he
shall issue reply to the contractor giving his opinion

15.2(b) If in the opinion of the Architect the works is Practically Completed, he


shall issue the Certificate of Practical Completion. The date of Practical
Completion shall be:

15.2(a)(i) the date of receipt of contractors written undertaking to complete all


defect works, or
15.2(a)(ii) the date of receipt of contractor’s written notice, where’s there is no
defect works.

The certificate shall be issued to contractor copies to Employer and all sub contractors and
contractor shall return the site to Employer
 Implication upon issuance the Certificate of Practical
Completion
 1. End of Contraction contractual obligation
 2. Employer to insure the building
 3. Return of half of the Retention Fund
 4. End of warranty. Performance Bond return
 5. Beginning of Defect Liability Period
 6. End of Liquidated Ascertain Damages (LAD)
 7. Beginning of Final Account
22.1 the Contractor is to complete the works by the Completion Date
failing which the Architect in the opinion that the works are incomplete
The Architect shall issue Certificate of Non Completion (CNC)
22.2 LAD is a fine imposed to the contractor for failing the complete on time.
It is calculated to cover the loss to the employer due to the delay in completion
 15.3 Contractor’s failure to comply with the undertaking
 Contractor has to comply to make good all minor defect as per defect list within
specified time. In the event if they fail. Employer may take the following actions:
 15.3(a) Grant contractor extra time-specified by Architect, or
 15,3(b) Employ and pay other person and set off the payment or
 15.3(c) accept the defect and appropriate set off the cost of the defects.

 15.4 Schedule of Defects

 Any defects appear during Defect Liability Period (DLP) shall be prepared
by Architect in a Schedule of Defect and shall be delivered to the
contractor within 14 days after DLP and the contractor shall make good
within 28 days. If they fail to comply, the following actions shall be taken
 -Employ and pay other person and set off the payment or
 -accept the defect and appropriate set off the cost of the defect
 15.5 Instruction to make good Defects
 Architect may issue A.I at any time during DLP on any critical
defects which need urgent rectification within reasonable time
and if the contractor fail, the Employer may employ other person
to do the defects and cost incurred shall be set off by the Employer
 5.0 CERTIFICATE OF MAKING GOOD DEFECTS
 Issued by Architect upon completion and acceptance of
rectification of defects works by the Contractor. It mark the end
of Contractor liability to the contract.
 The implication that
 1. The balance of half of the Retention Fund to be release
 2. Final account to be finalised and release for payment.
 15.6 Certificate of Making Good Defects
 Contractor to give written notice Architect upon completion of
making good defects. The Architect within 14 days shall do the
following
 15.6(a) In the opinion of the architect, there is no defects or has
been made good he shall issues Certificate of Make Good
Defects (CMGD) and shall be the date of receipt of contractor’s
notice. Copies to Employer and all sub contractors.
 15.6(b) If in the opinion of the Architect that Defects has not been
made good, he shall write to contractor and give reasons.
6.0 PENULTIMATE CERTIFICATE OF PAYMENT
 Certificateof payment issued to Contractor after the
issuance of Certificate of Making Good Defects
(CMGD) issued prior to the issue of Final Certificate.
 7.0 FINAL CERTIFICATE

 During6 months after CPC contractor to send all document


necessary to prepare the Final Account including document for all
sub-contractors.
 FinalAccount shall be prepared by Quantity Surveyor 6 months after
receiving all document from contractor
 Upon the completion of Final Account, Architect and QS shall sent a
copy of this document to Employer
 If
no objection from Employer, Final should be finalised within 3
months. Then a Final certificate shall be issued
APPOINTMENT OF SITE POSSESSION ISSUE CERTIFICATE OF ISSUE OF CERTIFICATE OF MAKING
CONSULTANTS PRACTICAL COMPLETION (CPC) GOOD DEFECT (CMGD)

(a) Schematic Design


Phase; (d) Contract Implementation and (e) Final Completion Phase.
Management Phase;
(b) Design Development DEFECT LIABILITY PERIOD (DLP)
Phase; Managing the site based on
Selected Form of Contract -Settlement of final Account
(c) Contract - Architect as Lead Consultant -Release of Retention Fund
Documentation Phase; -issue CCC

See detail

PRE-CONSTRUCTION STAGE CONSTRUCTION STAGE POST CONSTRUCTION STAGE

CONTRACT MANAGEMENT
CPC ISSUED
(Certificate of Practical Completion )
Release of half moiety of Retention Fund
CMGD ISSUED
(Certificate of Making Of Good Defect)

12 MONTHS

DEFECT LIABILITY PERIOD (DLP)

- Penultimate Cert issued


6 MONTHS 6 MONTHS 14 days within 14 day after CMGD
- Released of balance of
Contractor to submit document Consultant to prepare Retention Fund
final Account
21 days Final Certificate issued
within 21 days after
Penultimate Cert

28 days
Final Certificate issued
POST CONSTRUCTION STAGE within 28 days in the ev ent
NO Penultimate Cert Has
CERTIFICATE OF PRACTICAL COMPLETION (CPC), been issued
DEFECT LIABILITY PERIOD (DLP) &FINAL ACCOUNT
CERTIFICATE OF COMPLIANCE AND
COMPLETION (CCC)
WHY WE NEED CCC?

Buildings in Malaysia MUST be certified before they


can be used. The Certificate of Compliance and
Completion (“CCC”) used to be known as the
Certificate of Fitness for Occupation (“CFO”) but was
replaced in 2007 in order to increase efficiency and
reduce red tape bureaucracy.

WHAT IS CCC?
CCC is a certificate that verifies a building is safe and fit for occupation and
this certificate will only be issued after construction complied with the
provisions of the law, approved building plan and also the conditions set by
local authorities in the approval of the building plan.
ROLES AND RESPONSIBILITIES OF THE LOCAL AUTHORITY (LA)

6. Issue the notice to PSP if a non-compliance


1. Approve the Planning Permission occurs but if PSP failed to report to the LA
2. Approve the Building Plan
7. Charge the professional in court and report to
3. Conduct on-site inspections on own initiative the Professional Board for any wrong doing
or in response to complaints

4. Issue notice to PSP to take action on any 8. Charge the parties who have provided false
matter not in compliance with the provisions of certification in the forms as specified in the
the law and the technical conditions imposed in UBBL 2007 and report them to the respective
the Planning Permissions and Building Plan regulatory bodies

5. Issue notice to the PSP to withhold the 9. Ensure that the safety of buildings exceeding
issuance of the CCC 5 floors and aging 10 years from the date CCC
5.1 Until the non-compliances have been is issued are inspected every 10 years.
rectified
5.2 If a fraud occurs in the construction,
documentation or project management,
and if inaccurate information is discovered
in the documentation
ROLES AND RESPONSIBILITIES OF PRINCIPAL SUBMITTING PERSON (PSP)

1. Submit the Building Plan to the LA for approval 7. Ensure that G Forms are duly
using Form A completed and deposit copies of all said
Forms (including those not related) to the
2. Coordinate the preparation commence and LA and Professional Board
submission of other plans besides building plans

3. Inform the LA through Form B to construction 8. Submit the CCC to the owner or
operation at the site developer and a copy of the said
certificate to the LA and the relevant
4. Supervise construction works at the site and ensure Professional Board, and
that the provisions of the law and technical
conditions imposed are complied with 9. Ensure that the rectification of non-
compliances during construction as
5. Report and explain the reasons for non- stipulated in the LA notice to the PSP are
compliance and state the rectification measures complied with before issuing the CCC
taken in the event of non-compliance occurring
during construction

6. Submit notice for the resumption of work through


Form B to the LA
FORMS USED

The implementation of
CCC system involves the
use of both new and
existing forms.
FORM G
SYUKRAN
DATE: 13/07/2021
INTERIM CERTIFICATE

Certificate issued by Architect for (1)…………………….


Normally (2)………………… submitted their progress claim to
the Architect based on the amount of completed work and
(3)……………….. delivered to site in stages, usually every 2
weeks or one month.

(4)…………………will conduct site evaluation based on


contractor’s claim. Some adjustment is made by the QS
based on the actual assessment on site. Evaluation is
submitted to (5)……………….. for his checking. If the
Architect agree with QS evaluation, he the issue the Interim
Certificate.

CERTIFICATE OF EXTENSION OF TIME (EOT)

This certificate is issued upon the EOT claimed by the


Contractor is accepted. It stated the number of days
granted and the new (6)………………………..
7. The following statement are about Practical CERTIFICATE OF PRACTICAL COMPLETION
Completion EXCEPT

A. where in the opinion of an Architect that the Employer


can make full use of the building for their intended purpose
B. Completed with minor defect
C. Contractor has to write to the architect to inform of their
intention that construction has been completed.
D. Architect and other consultants to inspect and decided to
refuse acceptation ev en with minor defects.
E. It marked the beginning of Defect Liability Period once CPC
issued

8. The following are the implications upon issuance the Certificate of


Practical Completion (CPC) EXCEPT

A. End of construction or contractual obligation


B. Contractor to continue insure the building
C. Return of half of the Retention Fund
D. Beginning of Defect Liability Period
E. End of Liquidated Ascertain Damages (LAD)

9. In the event if the contractor fail to comply to make good defects.


Employer may take the following actions.

A. Grant contractor extra time-specified by Architect,


B. Employ and pay other person.
C. Keep and sell his machines and equipment at site
D. accept the defect and appropriate set off the cost of the defects.
E. Set off the payment to pay other contractor.
TRUE OR FALSE
10. If in the opinion of the Architect the works is not Practically Completed, he shall
refuse to issue the Certificate of Practical Completion.

11. Contractor give notice to Architect when the works is Practically Completed and
Architect to reply within 14 days.
12. Upon issuance the Certificate of Practical Completion (CPC) it mark the end of
consultant responsibilities
13. LAD is a fine imposed to the contractor for failing the complete on time. It is
calculated to cover the profit to the employer due to the delay in completion
14. Any defects appear during Defect Liability Period (DLP) shall be prepared by Architect in a Schedule
of Defect and shall be delivered to the contractor within 28 days after DLP and the contractor shall
make good within 14 days.

15. If the contractor fail to repair any defect within the given time, Employer can engage
another contractor and the cost shall be deducted form the first contractor
16. Architect may issue A.I at any time during DLP on any critical defects which need urgent rectification.

17. In the opinion of the architect, there is no defects or has been made good he shall issues Certificate of
Compliance and Completion and shall be the date of receipt of contractor’s notice.
18

19
20

21
22

23

25
24

26
CERTIFICATE OF MAKING GOOD DEFECTS

Issued by Architect upon completion and acceptance of


(27)……………………. of defects works by the Contractor. It
mark the end of Contractor liability to the contract.
The implication that
1. The balance of half of the (28)……………….. to be
release
2. Final account to be finalised and release for payment.

FINAL CERTIFICATE

During (29)…….. months after CPC (30)………………….. to


send all document necessary to prepare the Final Account
including document for all (31)…………………

Final Account shall be prepared by Quantity Surveyor 6


months after receiving all document from contractor.

Upon the (32)……………………… of Final Account, Architect


and QS shall sent a copy of this document to Employer.

If no (33)………………… from Employer, Final should be


finalised within 3 months. Then a Final certificate shall be
issued
34. The following are facts about CCC EXCEPT
A. Buildings in Malaysia MUST be certified before they can be used.
B. The Certificate of Compliance and Completion (“CCC”) used to be known as
the Certificate of Fitness for Occupation (CFO)
C. CCC was introduced in 2007 to check on the efficiency and bureaucracy of
Local Authority.
D. certificate that verifies a building is safe and fit for occupation
E. Certificate will only be issued after construction complied with the provisions
of the law, approved building plan and also the conditions set by local
authorities in the approval of the building plan.

35. The following are the responsibility of Local Authority in dealing with CCC EXCEPT

A. Approve the Planning Permission


B. Approve the Building Plan
C. Issue the warning to PSP if a non-compliance occurs but not reported to the LA
D. Charge the professional in court and report to the Professional Board for any wrong
doing
E. Issue notice to the PSP to withhold the issuance of the CCC until the non-
compliances have been rectified
36. The following certificates issued by Architect are not dealing
with payment EXCEPT

A. Certificate of EOT
B. Certificate of Practical Completion
C. Certificate of Non Completion
D. Penultimate Certificate
E. Certificate of Making Good Defect

37. Which is the forms listed below presently not issued by Architect

A. Form F: CCC
B. Form C Notice of setting out
C. Form E: Application for CFO
D. Form A: Submission of building approval/ Bldg. Certificate
E. Form B: Notice of Commencement.
TRUE OR FALSE

38. In the event that the site was stop by the LA due to some non compliance with
the approved plan and in order to resume work Architect to submit notice for the
resumption of work through Form B to the LA

39. Inform the LA through Form D to commence construction operation at the site

40. Upon completion, ensure that G Forms are duly completed and deposit copies of
all said Forms (including those not related) to the LA and Professional Board

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