1a. there are basically 2 type of breach in contract. 1 is conditional breach (can rescind the contract and claim for damages) another 1 is warranty breach (cannot rescind the contract but can claim remedy). not giving site possession is a conditional breach and the contractor can terminate the contract and claim for expenses incurred due to the breach. seems like ur case u accepted the late site possession. architect can postpone the work but it's up to contractor to accept it or not.

1b. yes, but it's has to be done at the beginning. let's say contract duration is May 2014 to June 2016, after u take the possession on July 2014, u should immediately claim for eot until August 2016. but in commercial context, u make employer unhappy especially when starting the work at beginning.

if u said claim vo due to the late sit possession, have to see whether it have direct impact to the vo work. but bear in mine VO is additional work to the project while loss and expenses claim is due to extended period of time.

This post has been edited by iwubpreve: Oct 18 2014, 08:56 AM

i read a lot of court case b4, have to look into the content of what was written in letter of intent. basically when come to letter of intent, the contract is not form yet and in case at the end the work is not awarded to u, u can still claim via the principle of quantum meruit. it is well established long time ago.

what is quantum meruid
http://en.wikipedia.org/wiki/Quantum_meruit

contractor don't sell the house. it was developer who sell the house. developer engage a contractor to build for them. cost to build hardly determine but generally u can use this ratio to gauge the price and budget. low end use RM150/sf, high end specification use RM300/sf. again this is not accurate, best u budget urself first like RM200/sf x 2000 square feet = RM400k and u build it base on the budget. if budget burst then consider change the type of material, maybe from stainless steel to mild steel, maybe from marble to tile, maybe from timber floor to tile? maybe from MML to white horse tile? maybe from TOTO brand of sanitary wares to zaplang china made fitting?

this is depend from project to project. for a high end service apartment at KLCC area, out of 100% of GDV (Gross Development Value) got 26% is profit after tax.

This post has been edited by iwubpreve: Oct 18 2014, 09:20 AM

grade 25/30 mostly is on floor slab and beam, internal column is grade 40. of course some case might have exception. like retaining wall grade 60. again, it is all design by conslting engineer as accordance to BS 5950. i understand that in the book it keep tell us concrete have high compressive strength and compensate the steel weak of compressive strength. but rebar have yield stress of 460N/mm2 in contrast of concrete have 40N/mm2 (depend on which concreet u use) it's depend on how u lay the rebar. if u lay the rebar horizontally and the loading in from top to bottom, then it's weak in compressive strength, but if u bend the rebar and let it bulging on top and apply the force again, it have way higher compressive strength than concrete. this is also how pre-stress reinforced concrete work came about.

yes, including. but then again the correct way of doing it is set the budget first. say u consider RM175 then overall building cost is 2.52million. then from there u start to monitor. if budget likely to burst, consider do reduce some type of material.

yes, u can do foundation for 3-4 storey and then just build 2 storey and upgrade in the future. but have to consider a lot of factor. when u upgrade in future, the cost would be higher because a lot of temporary work. and somemore, when u upgrading, the house have to be vacant and is not habitable.

what job u want?

thank you very verymuch.. btw do we need any architect to raft the plan before building?

bro, can i employ u to build a bungalow as picture above? haha

All the job offered

Bookmarked. Tq for informative thread.

u can go to DBKL do yourself and they will assign a planner for u. but i don't think it's efficient. u need a runner to do that. usually some competent engineer can do everything for u, submission and design. they will submit the building plan and get it approve. my friend doing that, he is like one stop center as he got his partner who is architect and also registered planner. can do all the design and submission.

of course can. my wages just like normal /k/ standard of wages. if u know what i mean

what ur qualification? sometimes i need some flagman stand outside the site and waving the flag control traffic



This post has been edited by iwubpreve: Oct 18 2014, 02:58 PM

SPM and Diploma

Eh? Isn't the dummy flagman cheaper?

Thanks for your explanations. Here are some issues related to general contractual matters:

(1) I'm sure you had heard cases where some construction materials were stolen. If the employer has paid for materials on site which are subsequently stolen, who is liable in most cases?

(2) Some contracts call for Contractors to carry out Architect’s instructions forthwith and many Architects think that the Contractor, on receipt of the instruction, must immediately carry it out. If a contractor must do something ‘forthwith’, how quickly should the contractor interpret that?

(3) There is a ‘higher’ clause in the contract saying that, “When the language of a contract does not expressly, or by necessary implication, fix any time for the performance of a contractual obligation, the law implies that it shall be performed in a reasonable time. The rule is of general application...” How ‘reasonable’ is a reasonable time?

oic. i like answer this because i study a lot on construction law

1. contractor is liable. because contractor have the site possession. provided the material is under contractor custody.

2. this happen always and only competent contractor can manage it well. very simple, contractor have to carry out with due diligence and expedite the work. contract term called it "regular and diligent". what exactly it mean? upon receive of instruction, u have to start to begin the necessary work. a program bar chart will always be drafted and submitted in EOT application. u have to justify the thing to Employer on reasonableness by including the program bar chart with event as below,
a) date receive of instruction and drawings
b) production of shop drawing
c) review of shop drawing by consultant
d) construction of work as per instruction

if the date fall into critical path, then there u go, u entitle for EOT. if not then it's concurrent activity and contractor have to stick to the original completion date. the "forthwith" is within the buffer zone of master program

3. what is reasonable time? refer to the research here. Thanks to Ong Rui Ying for the said research. however u can't access the full research. i read this b4. they study on various of court cases.
http://eprints.utm.my/6658/

thank you, thank you very much very helpful

Good reply and informative! The down-to-earth discussions in this thread make it a good candidacy for pinning. May suggest to the mods --> munkeyflo & dkk.

(1) Does the Contractor have a duty to draw attention to an error on the Architect’s drawing? Some tricky Subcontractors would want to claim against the Main Contractor for loss caused to them due to the Architect’s alleged breach of their obligation to the Employer to provide accurate construction information for the Employer’s Requirements. Some parties argue that a contractor did have a duty to warn the architect if it is ‘believed’ that there, in ‘ordinary’ circumstances, was a ‘serious’ defect in the design. The three keywords are interpreted differently by different parties depending upon the circumstances.

If already renovate house untill boundary, then 8 years later council come and ask to demolish. Then how we go about it? Need to give or not?

This post has been edited by Piap: Oct 18 2014, 06:09 PM