Reliability issues and improvement of preliminaries cost related items for civil engineering conventional contracts

Civil engineering is a professional discipline that deals with built environment which involves physical construction of man-made structures such as roads, rails, bridges, drains, water supply, geotechnical systems, and services. It also deals with soft skills such as maintenance, research and investigation, conservation, and planning. In Malaysia, it is a prerogative that civil engineers administer civil engineering contracts. The preliminaries are an integral part of the bill of quantities and difficult to price due to their nature. However, the contractor is expected to price all items fully. The engineer prepares the preliminaries but the risk and liabilities are ultimately transferred to the contractor notwithstanding the reliability of the bill itself. As such, the reliability of preliminaries is of the utmost concern. The research focused on the improvement of the reliability of the preliminaries. The aim is to improve the effectiveness of present preliminaries in Civil Engineering conventional contracts. The objectives are, (1) To investigate the existing cost of item consideration and strategic approaches, (2) To improve the criteria of cost-related item components and expand their potential strategies. This paper considered previous research findings and highlighted the issues and problems related to the fallacy of the subject. Based on the preliminary survey (N=18), it was obvious that the issues concerning the reliability of preliminaries do exist. The research proceeded with a mass survey (N=270) of stratified data sampling involving Malaysian civil engineering contractors belonging to G7 CE21 class, as well as civil engineering consultants and developers. The survey used Likert scales, which ranged from 1 for “Strongly Disagree” to 5 for “Strongly Agree”. The analysis predominantly used SPSS statistics. The results conspicuously exposed the issues and the weaknesses of present practices. The improvement in the criteria of the present practices’ is expected to increase the reliability of preliminaries. As a way forward, the improved criteria provide better clarity, accuracy, and transparency to engineers and contractors as well as other construction players in general. Reliable preliminary items improve price accuracy for the betterment of the construction industry

Measures to Enhance the Applications of Eco Labels in Malaysian Construction Industry

As Malaysia is forecasted to be confronted with energy scarcity and variety of resource consumption for growing population and development, green urban planning and practices of energy use and consumption are the keys components for sustainable future. Hence, in the context of sustainable development, Malaysia’s construction industry is now calling for green practices and procurement in their industry. The international community had adopted measures to reduce environmental damage by establishing eco labelling schemes and also promoting the sustainable design and concepts. It started with the Malaysian government also has responded very positively to this matter. In 1996, Standards and Industrial Research Institute of Malaysia (SIRIM) launched the national eco-labelling program verifying products according to environmental criteria as tools and initiatives to express concern and support to sustainable development. Taking into consideration the infancy stage of the Malaysia green marketing initiative, this study therefore conducted with the aim to propose measures to enhance the applications of Eco Labels in Malaysian construction industry.  The objectives of the research are to investigate the existing policies pertaining the eco labelling, to determine the factors in implementing the eco labelling scheme as well as to identify the barriers and possible measures to further enhance the use of eco labelling in construction industry. Survey were conducted via variables from the literature review regarding the policies pertaining the eco labelling in Malaysia and questionnaire method for factors and barriers to implement the eco labels and the measures to enhance the application of eco labels with respondents from various construction companies among construction players that have involved and experienced with green project.  Data obtained were analysed using Average Index and Correlation method via the SPSS.  The result shown that, the applications of eco labels product among construction players were relatively acceptable which still can be utilised with most of the significant measures to be proposed. &nbsp

BIM: Integrating Cost Estimates at Initial/Design Stage

The accuracy of the cost estimates is very important in the initial stage because it will determine the viability of the project and provide the project budget. Therefore, Inaccuracy of the cost estimates beyond the acceptable range will cause the cost overrun in the later stage. This research aims to recommend BIM to be applied as a part of the cost management process and to improve the cost estimating at the initial/design stage. In addition, this research will investigate the factors influencing the accuracy, why BIM not been applied to reduce the inaccuracy and how BIM can be integrated into cost estimates at the initial / design stage. This research was carried out via literature review, questionnaire survey and semi-structured interview. It was indicated that insufficient information related to the project, poor communication between project team and complexity of design and construction are the three most factors influenced the accuracy of cost estimates. While collaborating and sharing information between the project team, and investment in software and training are the barriers in implementing BIM. The research also found out that BIM is an integrated multi-disciplinary tool that serves architecture, structural and M&E. In addition, the capability of BIM in assisting cost estimates allow QS to focus more value adding activities in estimating such as: identifying construction assemblies, pricing and factoring risks, which are essential for high quality estimates. In conclusion, with the capability of BIM and its integration will help to minimize the error and enhance the project cost estimates in the future

Humanoid Research on Brain-Impaired Children: Comparative Policies

AbstractThe purpose of this paper is to provide rigorous, narrative and in-depth scrutiny on the policies in humanoid research on brain-impaired children. In the health care industry, the use of therapeutic robots in rehabilitation has been significant. Thus, the paper will explore the fundamental, benchmarking issues of similar policies and guidelines of other nations to suit Malaysia's research environment. The methodology for this study will employ library research and content analyses including insider input. The four policies are; the Malaysia National Welfare Policy (1990), the Malaysia National Social Policy (2003), the Malaysia National Policy for Persons with Disabilities (2007), and the Malaysia National Plan of Action for Persons with Disabilities (2007-2012). From the five policy papers, it is expected that any research projects involving children with mental disabilities will require the compliance with the current statutes and policies but should there emerge a unique case, an extension to one of the policies would have to be undertaken to circumvent ethics in research practices. Also, the narrative outcome from this scrutiny includes a discussion of the relevance of these policies

Construction Industry Payment and Adjudication Act (CIPAA) Remedying Payment Issues: CIDB G7 Contractor's Perspective

Payment defaults remain chronic and prevalent issues that affecting the entire delivery chain of construction industry. For that particular reason, Government of Malaysia have embarked serious afford to reduce payment default issues by enacting Construction Industry Payment and Adjudication Act (CIPAA) in 2012. Acknowledging the fact that CIPAA is relatively new to the industry, the possibility of industry's key players to be lack of information and awareness about CIPAA is greater. Therefore, this research aims to explore and reveal remedies offered via CIPAA as well as the awareness and expectation of CIDB G7 contractors towards CIPAA. Hence, the research objectives are to identify pertinent features of CIPAA in remedying payment default issues, to investigate the perceptions and expectations of CIDB G7 contractors towards CIPAA in addressing payment default issues and to examine the potential implications and limitations of such Act towards current construction industry practices. This research has adopted mixed methods of questionnaire survey and semi-structured interviews to CIDB G7 Contractors in Klang Valley area. The research suggested that the most pertinent feature of CIPAA from contractors' point of view is to streamlining payment procedures for construction works. Apart from that, research also revealed that contractors are optimistic that CIPAA will be able to provide legal remedy to non-payment and improve the delivery system in construction industry. Although CIPAA will be the platform for resolving payment disputes by means of adjudication decision and establish payment process, procedures and timeframes, it is anticipated that CIPAA is depending on the competency and integrity of the adjudicators. In conclusion, it is aimed that the construction industry can be benefited from the enactment of CIPAA. Thus, the industry as a whole must collaborate and focus on their synergies to promote effective implementation of CIPAA

A Review of Disputes in Claims for Loss and Expense Related to the PWD Form of Contract Based on Malaysian Legal Cases

Construction disputes arising from claims have become common in this unique and complex industry. Resolving disputes leads to extra costs and is time-consuming. Most of the disputed claims in construction occur due to project delays. A claim for loss and expense is one of the claims incurred due to certain events that usually arise from the delay. Therefore, this paper aimed to identify disputes in claims for loss and expense related to the PWD form of contract based on Malaysian legal cases. Understanding why disputes occur in construction contracts can reduce the chances of their occurrence, and parties can establish a quick, cost-effective resolution process that will not jeopardise their potential in future business relationships when disputes arise. The research adopted a review related to construction law cases from 'Malayan Law Journal Report/Unreported'. Findings indicate that disputes in claims for loss and expenses related to the Public Works Department (PWD) form of contract can be categorised into contractual, documentation, and procedure. Understanding the contract provisions is a must for every construction party to obtain successful claims. This paper suggests identifying disputes related to PAM forms of contracts in the Malaysian construction industry, so that the contracting parties can understand the impact of the disputes

Reliable Description of Preliminaries Item Using Civil Engineering Preliminaries Protocol (CEPP) In Conventional Contracts

Civil engineering work deals with nature and thus, is exposed to enormous discrepancies due to nature’s complexity compared to building works which are more certain. In the Malaysian construction industry, it is generally accepted that civil engineers administer civil engineering contracts and prepare tender documents. The Civil Engineering Preliminaries Protocol (CEPP) for conventional contracts is an ongoing research that deliberates on the cost-related items included in the Preliminaries. Preliminaries are subjective in nature and largely challenging to price. This paper considered previous research findings by conducting a literature review and accordingly, highlighted the problem statements raised on the contractual risks present due to the fallacy of item description. The identification of underlying problems and gaps within the area of study justifies the aim of the research to establishing a common protocol that is conversant to both engineers and contractors. The objective of the protocol is to eliminate disputes due to vagueness, ambiguities, and duplication of preliminary items in order to improve price accuracy. In practice, different approaches are taken by engineers and contractors in dealing with preliminary items. Engineers provide bills of preliminaries and contractors price them accordingly without establishing any mutual understanding and responsibility for risks. Conventional contracts prohibit contractors to provide their own preliminaries. Contractors instead have to obtain clarification on any ambiguities in the contract within the speculated time given during the tender period. As a way forward, the CEPP provides better clarity, accuracy, and transparency to engineers and contractors as well as the other construction players in general. Reliable descriptions of preliminary items ensure better price accuracy for the betterment of the construction industry

Towards Sustainable Dispute Resolution: A Framework to Enhance the Application of Fast Track Arbitration in the Malaysian Construction Industry

There is a significant increase in the role of construction industry for the last few decades accompanied by a considerable upsurge in the construction disputes as well. Arbitration has constantly become popular, and strengthened its position as it can be settled within the stipulated time compared to litigation. However, the arbitral process takes longer which leads to fast track arbitration. Fast track arbitration is designed to enable arbitration to proceed quickly, which can minimize the time and optimize the cost. The proliferation number of construction disputes from construction industry has emerged the importance in using fast track arbitration as one of the preferable Alternative Dispute Resolution (ADR). Regardless of frequent developments made to overcome the issues, however, there is an insignificant figure on the usage of fast track arbitration in the construction industry. This paper therefore aims to elicit a better understanding of the application of fast track arbitration in the Malaysian construction industry. Twenty (20) total number of participants – construction arbitrators – were interviewed to record their experience. A proposed framework for the application of fast track arbitration has been constructed from the responses to expand the current definition. With the changing practice environment, construction arbitrators need to be aware of the existing fast track arbitration which is crucial in ensuring its efficiencies to be applied in Malaysia, and this paper is intended to aid this process

Analyzing the Participation Factors of Local Labour in the Malaysian Construction Industry

The dependency of the Malaysian construction industry on foreign workers affected the productivity of the industry. Sustainable supply of sufficient talent is required in order for Malaysia to support the aim that had been targeted under CITP, where productivity is one of the thrusts in the transformation program for the industry. However, the hardship in the recruitment of local talent has worsened the scenario and caused the industry player to prefer hiring foreign workers compared to local labour. Thus, the aim of the study is to analyse the participation factors of local labour in the Malaysian construction industry. This paper presents a survey result of 45 respondents which involves the industry player around Petaling District in Selangor. The findings from this research summarise the participation factor of local labour in the Malaysian construction industry. It is hoped that the findings of this study may assist in stimulating the number of local labours in the construction industry through better productivity among the construction stakeholders especially the contractors in conjunction with the CITP strategic thrust

An overview of time and cost in arbitration for construction projects / Azira Ibrahim ... [et al.]

Arbitration is one of the dispute resolution widely used in construction industries. Most of the construction contracts provide the arbitration clause to give the contractual parties a way out to settle the dispute. Most of the contractual parties have chosen arbitration in their dispute for two good reasons. Arbitration provides quicker decision making process than litigation. The second reason contractors choose arbitration because it will provide them arbitrator with much experience in the construction industry. In arbitration, the final award granted by an arbitrator will be classified as private and confidential. As a result the award given will be kept as a secret unless the permission is givenfrom the dispute parties. The issue here is once the proceedings are classified as private and confidential, the potential dispute parties do not know the time taken to settle the dispute and also the cost involved in arbitration proceedings. Only the disputed parties know how much they need to spend in order to settle the dispute and how long the time is needed for the whole process of arbitration. Therefore the objectives of this research are; to identify the current arbitration time frame to complete the proceedings by referring to case studies; to determine the relevant costs incurred in the arbitration proceeding by referring to the rules imposed by relevant bodies; and lastly to develop a framework relevant to time and cost in arbitration proceedings. To achieve the objectives of this study, data collection through content analysis technique will be applied to analyse selected case studies. In addition, in depth interview with an arbitrator and relevant stakeholders who experienced in arbitration proceedings will be arrange in order to answer research objectives