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LEGAL RESEARCH PROPOSALARCHITECTS INSTRUCTION

BY: SUHAILA ENDUTINTRODUCTIONThe 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, details and/or written instructions (all of which are hereafter collectively referred to as "S.Os instructions").. 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;To understanding the provisions in the standard forms of contract to issue instruction.To determine the quality and attributes for instruction to become AI.

SCOPE OF RESEARCHWill 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

Standard of contract, especially PAM 2006.Literature reviewSupporting case law from Lexis Nexis EngineInternet pageREFERENCES:Chappell, David & J. Willis, Christopher (1992) The Architect in Practice, 7th ed., Blackwell Scientific Publications.Tan, P.L., Low, K. S., Sum, P. M. J., and Chee. S. T. (2010), Handbook For PAM 2006 Contract, Malaysia: Pertubuhan Akitek Malaysia.Architects Act 1967 (Act 177) (incorporating amendments up to April 2007) , Lembaga Arkitek Malaysia.Architects Act 1967 (Act 117) & RulesAr 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 2011

TABLE OF CONTENT

Chapter 1: Introduction Chapter 2: Architects Instruction PracticeChapter 3: Case Law analysisChapter 3: Conclusion and Recommendation