The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006)

The JKR Sarawak Form of Contract PWD 75 (Ver. 2006) was officially launched on 2007 to be used for administering the construction contract. Under PWD 75 (Ver. 2006), the Superintending Officer (S.O) will be appointed and is responsible to act reasonably in supervision of the project. The standard of...

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Main Author:	Engkamat, Frauline
Format:	Thesis
Language:	English
Published:	2009
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/78144/1/FraulineEngkamatMFAB20091.pdf
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id	my-utm-ep.78144
record_format	uketd_dc
spelling	my-utm-ep.781442018-07-25T08:17:46Z The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006) 2009-11 Engkamat, Frauline TH Building construction The JKR Sarawak Form of Contract PWD 75 (Ver. 2006) was officially launched on 2007 to be used for administering the construction contract. Under PWD 75 (Ver. 2006), the Superintending Officer (S.O) will be appointed and is responsible to act reasonably in supervision of the project. The standard of care demanded of a professional is in accordance with the test that was enunciated in the English case of Bolam v. Friern Hospital Management Centre (1957) 2 All ER 47 i.e. it requires a person doing a skilful act to exercise as an ordinary competent human being of the same calling. Since PWD 75 (Ver. 2006) is a new form, therefore the extent of the reasonable supervision is not clear to the practitioner. Thus, in order to determine the reasonable supervision applicable in for PWD 75 (Ver. 2006), a thorough understanding of the art of the supervision is required. Therefore, the objective of this research is to determine the kind(s) of supervision in a construction contract that is reasonable. This research is confined to the traditional procurement, law cases in supervision of construction project, PWD 75 (Ver. 2006), Conditions of Engagement for Professional Services, By-Laws Provisions and documents/manuals regarding supervision. In order to achieve this objective, the research was conducted by analyzing relevant court cases. From the findings, a list of supervisory duty has been determined in Chapter 4. Apart from that, the S.O must give reasonable supervision to the works, as enable him to give an honest certificate that the work has been properly carried out. He is not required personally to measure or check every detail, but should check substantial and important matters, such as, the bottoming of cement floor, especially if failure to do so will result in the work being covered up and therefore not being capable of inspection at a later stage. The adequate supervision is not tested by counting the number of hours spent on the site. The S.O is generally under no duty to instruct the contractor in the manner of performance of his work. In the task of supervision, the S.O, though he may be assisted by the S.O’s Representatives or Assistants to the S.O or both, cannot escape responsibility except perhaps in the smallest matters of detail, by delegation. He may make use of assistants, provided he retains control of the work and does not cease to exercise his own supervision and judgement. As a conclusion, the standard required in the supervision is not great but the risk of being sued remains high and mitigated by several factors. 2009-11 Thesis http://eprints.utm.my/id/eprint/78144/ http://eprints.utm.my/id/eprint/78144/1/FraulineEngkamatMFAB20091.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:80014 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Engkamat, Frauline The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006)
description	The JKR Sarawak Form of Contract PWD 75 (Ver. 2006) was officially launched on 2007 to be used for administering the construction contract. Under PWD 75 (Ver. 2006), the Superintending Officer (S.O) will be appointed and is responsible to act reasonably in supervision of the project. The standard of care demanded of a professional is in accordance with the test that was enunciated in the English case of Bolam v. Friern Hospital Management Centre (1957) 2 All ER 47 i.e. it requires a person doing a skilful act to exercise as an ordinary competent human being of the same calling. Since PWD 75 (Ver. 2006) is a new form, therefore the extent of the reasonable supervision is not clear to the practitioner. Thus, in order to determine the reasonable supervision applicable in for PWD 75 (Ver. 2006), a thorough understanding of the art of the supervision is required. Therefore, the objective of this research is to determine the kind(s) of supervision in a construction contract that is reasonable. This research is confined to the traditional procurement, law cases in supervision of construction project, PWD 75 (Ver. 2006), Conditions of Engagement for Professional Services, By-Laws Provisions and documents/manuals regarding supervision. In order to achieve this objective, the research was conducted by analyzing relevant court cases. From the findings, a list of supervisory duty has been determined in Chapter 4. Apart from that, the S.O must give reasonable supervision to the works, as enable him to give an honest certificate that the work has been properly carried out. He is not required personally to measure or check every detail, but should check substantial and important matters, such as, the bottoming of cement floor, especially if failure to do so will result in the work being covered up and therefore not being capable of inspection at a later stage. The adequate supervision is not tested by counting the number of hours spent on the site. The S.O is generally under no duty to instruct the contractor in the manner of performance of his work. In the task of supervision, the S.O, though he may be assisted by the S.O’s Representatives or Assistants to the S.O or both, cannot escape responsibility except perhaps in the smallest matters of detail, by delegation. He may make use of assistants, provided he retains control of the work and does not cease to exercise his own supervision and judgement. As a conclusion, the standard required in the supervision is not great but the risk of being sued remains high and mitigated by several factors.
format	Thesis
qualification_level	Master's degree
author	Engkamat, Frauline
author_facet	Engkamat, Frauline
author_sort	Engkamat, Frauline
title	The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006)
title_short	The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006)
title_full	The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006)
title_fullStr	The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006)
title_full_unstemmed	The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006)
title_sort	superintending officer’s duties under jkr sarawak form of contract pwd 75 (ver. 2006)
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2009
url	http://eprints.utm.my/id/eprint/78144/1/FraulineEngkamatMFAB20091.pdf
_version_	1747817917793173504

The superintending officer’s duties under JKR Sarawak form of contract PWD 75 (Ver. 2006)

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