Wednesday, April 10, 2013
RE-STARING WHERE i LEFT.....
I have left this blog for almost 4 years now. I think I will start writing again now that I am fully retired. Will be giving a lecture soon to the UPM Engineering Design students on the 22nd of April followed by a seminar on Claims and Counter-claims organised by Asia Pacific Diligence on the 29th.
Tuesday, September 08, 2009
09.09.09
Peace to all.
It's a rare date that comes once in a century. The next will be 10.10.10 and for sure we will not be on this earth to cherish it.
A lot has happened this year. Politically I need not say anything as all of us know what was happening. But being in the construction industry, I noticed the trend of construction prices are on the downwards trend as published in the Department of Statistics construction index. The major contributor of this downtrend is the price of steel which ballooned to almost RM5000 per tonne last year. It has now stabilised to circa Rm2000. There is market talk that it will go up again but is left to be seen.
A stable price is desirable to stimulate growth. Bidders are not afraid to quote prices as they can predict slight increases in the price of materials. Unlike the situation last year when bidders simply refuse to tender for fear that their price may be lower and may make a loss as a consequence of spiralling prices.
My hope is that there will be more projects to stimulate the growth of the industry, but not as rapid as the crazy era of the 90s. If you study carefully, there is a corelation between construction pace and defects. Take concrete for example; it must be allowed to cure properly before you can apply load on them. And curing takes time, up to 28 days. Applying load before curing process and taking off the shoring to save costs( to be used at the next stage) will undoubtedly cause failure in concrete.
At 28 million people, Malaysia does not need to build at the pace of the last decade in the last century. Then we will need less imported labour and can relyn on home grown labour and resources. Maybe our quality of life may be better, I hope.
The good came from the Al Mighty and any shortcoming is our own.
It's a rare date that comes once in a century. The next will be 10.10.10 and for sure we will not be on this earth to cherish it.
A lot has happened this year. Politically I need not say anything as all of us know what was happening. But being in the construction industry, I noticed the trend of construction prices are on the downwards trend as published in the Department of Statistics construction index. The major contributor of this downtrend is the price of steel which ballooned to almost RM5000 per tonne last year. It has now stabilised to circa Rm2000. There is market talk that it will go up again but is left to be seen.
A stable price is desirable to stimulate growth. Bidders are not afraid to quote prices as they can predict slight increases in the price of materials. Unlike the situation last year when bidders simply refuse to tender for fear that their price may be lower and may make a loss as a consequence of spiralling prices.
My hope is that there will be more projects to stimulate the growth of the industry, but not as rapid as the crazy era of the 90s. If you study carefully, there is a corelation between construction pace and defects. Take concrete for example; it must be allowed to cure properly before you can apply load on them. And curing takes time, up to 28 days. Applying load before curing process and taking off the shoring to save costs( to be used at the next stage) will undoubtedly cause failure in concrete.
At 28 million people, Malaysia does not need to build at the pace of the last decade in the last century. Then we will need less imported labour and can relyn on home grown labour and resources. Maybe our quality of life may be better, I hope.
The good came from the Al Mighty and any shortcoming is our own.
Wednesday, March 18, 2009
Quotes from Dr zakir Hussain, 3rd Prseident of India
"Instead of making the ramifications of theology and jurisprudence the focus of religious studies, we have to provide in our syllabus those aspects that would strengthen the foundations of life, which would give the right direction to thought and actions, which would harmonise life with the laws of nature, and which would stir the soul and move the hearts, which would offer morality to character and strength to personality.
Religion then, would not be a weapon to fight but would give live a purpose and meaning. It would provide moral and spiritual assets for it. It would establish a link with longing for higher values."
How right he was!
Religion then, would not be a weapon to fight but would give live a purpose and meaning. It would provide moral and spiritual assets for it. It would establish a link with longing for higher values."
How right he was!
Tuesday, November 04, 2008
Open Tender to be Adopted
Deputy Prime Minister said yesterday that the Government will ensure thet a large portion of Government's procurement will be via open and restricted tenders. This is to ensure transparency and value for money as well as to generate more income, the Star reported. However, under certain conditions, the Government will still have the discretion to determine if direct negotiations is necessary.
This move should be lauded. Professionals have all along called for this procurement mode as this is the best to determine the best value for money, provided all participants are put on the same parity band.
We believe, yes, there is room for direct negotiations, only for projects where we do not have the skills and expertise to implement. Here again this should be with a proviso that there should be a transfer of technology during the implementation stage. And negotiations should only be carried out with those who have the proven track record and financial capability to carry out such work.
The NST reported in October 2007 Dato Shahrir Samad (then Chairman of the PAC) that Government projects should be awarded through open tenders instead of direct negotiations.
The call was made after the PAC went through the accounts of the Ministry of Youth and Sports on the construction of 9 IKBNs, and the purchase of equipments that the Government paid RM8.39 million above market prices.
Lets hope that the DPM will implement what he said he will do.
This move should be lauded. Professionals have all along called for this procurement mode as this is the best to determine the best value for money, provided all participants are put on the same parity band.
We believe, yes, there is room for direct negotiations, only for projects where we do not have the skills and expertise to implement. Here again this should be with a proviso that there should be a transfer of technology during the implementation stage. And negotiations should only be carried out with those who have the proven track record and financial capability to carry out such work.
The NST reported in October 2007 Dato Shahrir Samad (then Chairman of the PAC) that Government projects should be awarded through open tenders instead of direct negotiations.
The call was made after the PAC went through the accounts of the Ministry of Youth and Sports on the construction of 9 IKBNs, and the purchase of equipments that the Government paid RM8.39 million above market prices.
Lets hope that the DPM will implement what he said he will do.
Barack Obama wins US Presidency
Barack Obama has just been pronounced minutes ago as the winner of the US 08 elections for the 44th President of the USA. This is a historic moment, not just for US alone but the world in general as this is the first African-American to be elected Head of State of a white dominated nation. The count now is 333 to 155 with a few states yet to be counted.
His defeated opponent Sen John McCain congratulated him on his projected win and urged all American to do the same, said: 'I pledge to him tonight to do all in my power to help him lead us through the challenges we face".
How I wish Malaysian politics isalso like this.
His defeated opponent Sen John McCain congratulated him on his projected win and urged all American to do the same, said: 'I pledge to him tonight to do all in my power to help him lead us through the challenges we face".
How I wish Malaysian politics isalso like this.
Sunday, July 06, 2008
Pandito Minang
Dilapiek sabosar kuku
dibontang saluas alam
jiko hilang di cari
jiko hanyut dipintas
jika tenggolam di solam
jiko jauh dihimbau
jiko dokek digamit
sauntai salam sajambak kato
minum makan pinto dihalalkan
dogup bicaro terlanjur kato
jari sepuluh den susun
maaf jua di pinto
Tuesday, October 02, 2007
QSs Wanted
The Royal Institution of Chartered Surveyors (RICS) in July reported that QSs have been added to the UK Home office list of professionals that are facing skill shortages. The profession is now on the national shortage occupation list. This move is hoped to allow UK firms to recruit skill practitioners from other countries.
Recent RICS research revealed there are around 6,500 QS vacancies across the UK in January 2007, and 49% of this were unfilled for more then 6 months and 35% for mote than 12 months. This shortage will be around for at least until 2012 as the country is preparing facilities for the Olympics and other regeneration projects.
With QSs on this list, it will be easier for foreign professionals to gain visas to enter and work in the UK.
Malaysia also appear to be facing QS shortages. While a small numbers have applied and gone to wok in the UK, Ireland and other countries, the biggest attraction are from contractors who have secured jobs in the Arab and Gulf countries who offer salaries never seen by local QSs before.
I wish I was younger so I can at least experience working overseas for longer periods.
Recent RICS research revealed there are around 6,500 QS vacancies across the UK in January 2007, and 49% of this were unfilled for more then 6 months and 35% for mote than 12 months. This shortage will be around for at least until 2012 as the country is preparing facilities for the Olympics and other regeneration projects.
With QSs on this list, it will be easier for foreign professionals to gain visas to enter and work in the UK.
Malaysia also appear to be facing QS shortages. While a small numbers have applied and gone to wok in the UK, Ireland and other countries, the biggest attraction are from contractors who have secured jobs in the Arab and Gulf countries who offer salaries never seen by local QSs before.
I wish I was younger so I can at least experience working overseas for longer periods.
Monday, September 24, 2007
Quantum Meruit
My students asked me what is meant by quantum meruit payments. Simply pu it means amount deserved. It generally applies to claims for a reasonable amount reflecting the cost of carrying out the works or providing goods or services or both.
A quantum meruit claim cannot be made if there is a contract between the parties to pay an agreed amount. Quantum meruit arise where parties have failed to agree to a price, or where a party have carried out work in the reasonable expectation of a contract being formed, but where agreement have never been reached as in cases of design and built work based on letter of intent. The latter situation is often referred to as falling within the law of restitution, or the doctrine of unjust enrichment.
The law of restitution ensure payment of reasonable price for goods or services rendered on circumstances where it is unjust to allow one party to be enriched at the expense of the other, and where the goods or services have been freely accepted.
The issues in quantum meruit can be highlighted in the recent case of Mowlem vPHI Group Ltd
where it was held that also Mowlem did supply materials to PHI but since these materials did not meet the specification ane were subsequently rejected, their claim should fail.
A quantum meruit claim cannot be made if there is a contract between the parties to pay an agreed amount. Quantum meruit arise where parties have failed to agree to a price, or where a party have carried out work in the reasonable expectation of a contract being formed, but where agreement have never been reached as in cases of design and built work based on letter of intent. The latter situation is often referred to as falling within the law of restitution, or the doctrine of unjust enrichment.
The law of restitution ensure payment of reasonable price for goods or services rendered on circumstances where it is unjust to allow one party to be enriched at the expense of the other, and where the goods or services have been freely accepted.
The issues in quantum meruit can be highlighted in the recent case of Mowlem vPHI Group Ltd
where it was held that also Mowlem did supply materials to PHI but since these materials did not meet the specification ane were subsequently rejected, their claim should fail.
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