< PreviousIndustry & Practices IP Webinar—Reduce and Avoid Construction Disputes 5 SEPTEMBER 2022 A Pre-Council Meeting on the revision and improvement of CIS 24 IBS Manufacturer & Product Assessment & Certification (IMPACT), in accordance with the Act 520 (Fourth Schedule Amendment 2021), was held on 22 September 2022 at CREAM, Sunway Putra Tower. CREAM delivered a briefing to the attendees on the proposed changes to be included in CIS 24:2024. CREAM also informed the meeting that they wanted to establish a Technical Committee for the new development of CIS 24:2024 with the participation of industry players. There are three main objectives of the Technical Committee: to review and improve CIS 24 in accordance with the Act 520 (Fourth Schedule Amendment 2021); to develop the new, comprehensive and systematic draft of CIS 24; and lastly to examine other documents as a cross-reference or be used together with CIS 24 resulting in the Standard to be more explicit, efficient and easy for industry to use it. MBAM Alternate Council Member and Technical & IBS Committee Member, Ts. Lim Hui Yan and MBAM Manager, Muhammad Fadzley bin Salim attended the meeting. Revision and Improvement of CIS 24 IBS Manufacturer & Product Assessment & Certification (IMPACT) 22 SEPTEMBER 2022 When the parties to a construction contract are unable to resolve a serious dispute, the decision to pursue the matter beyond the administrative remedies defined in the Contract can turn out to be either a worthwhile investment, or throwing good money after bad. Often, the difference is related to the medium that has been chosen to resolve the dispute. As a result, contractors and owners, and the lawyers who represent them, need to be familiar with the different options that exist for resolving construction disputes. This IFAWPCA-initiated webinar attracted 245 participants and took place on 5 September 2022 via Zoom. IFAWPCA President, Mohamed Ali Janah, delivered the welcome remarks. The event saw some well-known presenters from the legal and mediation circle, namely Managing Partner, Chan Kheng Hoe of Chong + Kheng Hoe, who presented on “Contract Administration and Arbitration”. Partner at Gan Partnership, Foo Joon Liang then presented on “Adjudication and Mediation” while the Principal Mediator of Singapore Mediation Centre; Lee Kok Eng spoke on mediation. During the Panel Discussion and Q&A session, MBAM President cum Vice Chairman of IFAWPCA Condition of Contract Committee cum IFAWPCA Ambassador to FIDIC, Oliver HC Wee, moderated the session. 38 MASTER BUILDERS JOURNAL #126Webinar—Digital Transformation Journey Session 2 28 SEPTEMBER 2022 technologies. Industry 4.0 will modernise the ERP platform to manage your project execution in a more connected way, and will help create the competitive business edge as well as future-proof businesses. Daniel Ang, Solution Sales Specialist from TIME dotCom Berhad, shared on leveraging TIME’s 3Cs where businesses can experience an increase in the speed of work, better financial control, better collaboration and communication that will simplify and provide faster access to common data and also ultimately decrease the number of mistakes in documentation. Abby Chin, Cybersecurity Consultant from Glocomp System (M) Sdn Bhd, discussed cybersecurity trends in Malaysia. She enlightened attendees on the importance of cybersecurity, more so in the adoption of cloud and edge computing, big data analytics, and IoT. Vincent Choy, Microsoft MVP from Fedelis Sdn Bhd, then shared a detailed study in embracing modern work productivity platforms like Google G Suite and Microsoft 365 amongst MBAM members. He espoused on the importance of modern work productivity platforms that consolidate email, chat, online meetings, file sharing and other productivity apps. Linda Kong, Business Development Manager from Fedelis Sdn Bhd, highlighted the available MDEC and hybrid work grants currently offered by the Government to assist SMEs in acquiring modern work productivity platforms and application process. Lastly, Desmond Loi, Chief Marketing Officer from BuildSpace Solutions, presented research that showed that more than 50% of the contractors are aware and rely on data in predictive modules and information to facilitate them in making better plan and decisions. His presentation focused on the types of data that can be collected through the digitalisation of construction procurement and contract management processes to get construction ready for further analysis and even predictions. The Digital Transformation Journey Session 2 webinar was held online via Zoom, and was organised by MBAM ICT-Automation-Robotic Committee and sponsored by TIME dotCom Berhad. Some 112 participants attended the webinar, which brought some of the leaders and innovators on digitalisation to speak on how we can empower existing talents using technology for the betterment of the construction industry. MBAM ICT-Automation-Robotic Committee Chairman, Alex Liew, noted that the Construction 4.0 Strategic Plan (2021-2025) will be the framework that will encourage the construction industry to embrace the digital revolution in the industry. The level of adoption among contractors in Construction 4.0 technologies is still low, and Design for Manufacturing Assembly (DfMA) is the way forward to Construction 4.0, as mentioned by Construction Research Institute of Malaysia (CREAM) Chief Executive Officer, Dato’ Ts. Dr. Gerald Sundaraj in his keynote address. He also shared recommendations to bridge the gap for the successful implementation of Construction 4.0 technologies. Janice Kong, the principal consultant from Digital Cognitive (CDx) Sdn Bhd, shared on how to leverage construction ERP system with Industry 4.0 Industry & Practices IP 39Industry & Practices IP Subrayalu and PKIM Secretary, Ir. Thayalan Balakrishnan, attended the meeting which was chaired by Director General of Department of Labour (Peninsular Malaysia), Datuk Haji Asri Bin Abdul Rahman. Datuk Haji Asri had called all related Government officers to attend the meeting to help resolve issues brought up by construction associations but expressed his disappointment that not many had turned up. Further to the meeting with Minister of Human Resources Malaysia, Datuk Haji Asri asked for clarification on the number of cases whereupon companies had paid the levy to the Construction Labour Exchange Centre Berhad (CLAB), but had still not gotten approval for their applications. Datuk Haji Asri requested CLAB to provide further details so that the Ministry can help look into the issue to speed up the approval process. MBAM General Manager, Lenny Lim attended the above meeting on 4 October 2022 at Department of Labour (Peninsular Malaysia), Ministry of Human Resources. Other than MBAM, Persatuan Kontraktor India Malaysia (PKIM) President, Dato’ Sri Sukumar Dato’ Sri Sukumar asked if it would be possible to get workers first despite not having received the Letter of Award (LA), as the process takes some time. Datuk Haji Asri referred the question to CIDB General Manager, Hil Me Mhd Isa, who emphasised that companies must have the LA before any application can be made. It was also clarified by Rafik Abdul Rajis, CLAB Chief Executive Officer that there is no need for an approval letter from the Ministry of Human Resources (MOHR) for the approval process via CLAB. On the Act 446 issue that was brought up, Datuk Haji Asri said that contractors must comply with the Act 446 on the centralised labour quarters (CLQ), as this is a requirement for bringing in foreign workers. Before ending the interview, Datuk Haji Asri reiterated all contractor associations to come forth if they have any issues. 3 OCTOBER 2022 High Level Meeting with the Minister of Human Resources on Foreign Workers Meeting on the Entry of Foreign Workers in the Construction Industry 4 OCTOBER 2022 A circular has been issued to members requesting members who are currently having above mentioned problems such as those having applied with the Foreign Workers Centralised Management System (FWCMS), with their applications still pending for interview, or inability to get an interview date for approval of foreign workers quota, or any other issues related to recruitment of foreign workers, to send feedback with complete documentations for MBAM for the Association to escalate it up to the Ministry of Human Resources. MBAM President, Oliver HC Wee; Honorary Advisor, Datuk Matthew Tee; and General Manager, Lenny Lim, attended the above meeting on 3 October 2022 at Human Resources Corporation, Kuala Lumpur. Pursuant to the meeting with the Minister of Human Resources Malaysia, MBAM was requested to submit on behalf of its members, a list of those who are currently facing problems of getting approval for foreign workers quota. The Ministry has promised to give special attention to MBAM’s submission. 40Industry & Practices IP Forum—Embracing Modern Technology in Building a Better Future for Malaysian Construction Industry 14 OCTOBER 2022 This forum was held on 14 October 2022, at ROMANi Fusion Restaurant & Oyster Bar, Skydeck, Avante Hotel. TIME dotCom Berhad Executive Vice President, Entreprise Business, Kit Au, started the evening by sharing TIME solutions that include fixed lines, global networks, data centres and cloud computing focusing on the wholesale, enterprise and retail segments across ASEAN and the world, as well as their solutions that include connectivity, data centres, cloud, security and collaboration that can help the construction industry in Malaysia on their journey toward digitalisation. MBAM President, Oliver HC Wee acknowledged in his speech that although the construction industry was well positioned for technological disruption, a mindset shift among practitioners remains the biggest challenge. He added that MBAM has to find ways to further accelerate the adoption of digitalisation for its members and the construction industry. Four speakers were lined up for the forum session. The first speaker, Kenny Kok, Chief Operation Officer of Cognitive Digital Sdn Bhd, noted that a digital transformation is not just a plan, it is a journey that must start with the right foot. He stressed that every CEO must have a digital transformation plan as one of the top company strategies. The next speaker was Ed Zehoo, Chief of Research at Wannatalk, who shared about Firebox.ai that helps in digitalisation. With the aid of Artificial intelligence (AI), everything can be made searchable, including construction diaries, videos, photos, bill of quantities (BQ), proposals and many others. AI can also help in extracting information and route documents through enterprise workflows for e-signing. Next was Jacob Isaac, Managing Director of Fusionex, who also shared about their B2B and B2C AI-powered platform that can help customers to analyse, process, transact and ‘actionise’ their business in a data- driven way. Lastly, Gary Than, Solutionist from TIME dotCom Berhad, presented on one TIME solution which is cloud- based. Physical documents like construction site diaries, document archiving, and ERP entry can be digitalised in the Cloud where AI and data intelligence can be performed. From left: Forum Session by TIME dotcom Berhad, Cognitive Digital Sdn Bhd, Wannatalk (Malaysia) Sdn Bhd and Fusionex; Welcome Speech by Executive Vice President, Enterprise Business, TIME dotcom Berhad; Exchange of souvenir Speech by MBAM President, Oliver HC Wee 41 MASTER BUILDERS JOURNAL #126Industry & Practices IP The 8 th MBAM Seminar on Occupational Safety & Health (OSH) & Workshop on OSHCIM – Accident Prevention by the Industry for the Industry 3-4 OCTOBER 2022 MBAM and the Sarawak Buildings and Civil Engineering Contractors Association (SBCECA) jointly organised a two-day Seminar on Occupational Safety & Health (OSH) with a Workshop on OSHCIM – Accident Prevention by the Industry for the Industry, on 3 to 4 October 2022. Held at Imperial Hotel Kuching, Sarawak, the event was attended by 72 participants and guests. This seminar was supported by the Construction Industry Development Board Malaysia (CIDB) and Social Security Organisation (SOCSO), as well as endorsed by the National Council for Occupational Safety & Health (NCOSH) and Department of Occupational Safety & Health (DOSH). The aim of this seminar is to create awareness among employers and construction personnel on the importance of practicing high standards of occupational safety management, as well as to share the best practices with industry practitioners. MBAM was honoured to have the Director of DOSH Sarawak, Ir. Dr. Nor Halim bin Hasan, as the Guest- of-Honour to officiate the event. In attendance was Secretary-General of MBAM, Datuk Astaman Abdul Aziz, Chairman of MBAM Safety & Health Committee, Michael Yap Kok Wai; accompanied by the Director of SOCSO Sarawak, Phillip Sangkan and President of SBCECA, James Ha. Ir. Dr. Nor Halim noted in his speech that there were 1,230 construction sites registered in 2020, 1,830 construction site registered in 2021 and 1,006 construction sites registered up until 30 September 2022. He also shared that up until 28 September, DOSH had received 288 reported accident cases and 18 fatality cases, of which three 42 MASTER BUILDERS JOURNAL #126Industry & Practices IP cases are from the construction sector. Constant accidents in construction sites not only have a negative effect on construction companies, but also affect the confidence of the people toward the construction industry. This year’s Seminar had a number of experienced and knowledgeable speakers who shared their knowledge on the latest compliances and best practices with participants. Among the topics presented at the seminar were: 1. Akta Di Bawah Pertubuhan Keselamatan Sosial — By Dundang Anak Undong, Deputy State Director of SOCSO Sarawak 2. OSHCIM 2017 — By Dominic Charlies, Factories & Machinery Inspector (Construction Section), DOSH Sarawak 3. CIS 10: SHASSIC and CIS Related To Safety — By Mohd Afiq Farhan Mohd Hassan, Assistant Manager of SHEQ, CIDB Malaysia 4. Cost of Temporary Works Failure in Construction — By Michael Yap, Corporate Management Director of Satujaya Sdn Bhd and Chairman of MBAM Safety & Health Committee 5. New OSHA Act 2022 — By Azman bin Hussain, Deputy Director of DOSH Malaysia Starting from left: Mr Philip Sangkan, Director of SOCSO Sarawak, YBhg Datuk Astaman Abdul Aziz, Secretary-General of Master Builders Association Malaysia, YBrs Ir. Dr. Nor Halim, Director of Department of Occupational Safety & Health (DOSH) Sarawak, Mr James Ha, President of Sarawak Buildings and Civil Engineering Contractors Association (SBCECA) and Mr Michael Yap, Chairman of MBAM Safety & Health Committee The workshop on OSHCIM – Accident Prevention by the Industry for the Industry was facilitated by Azman bin Hussain, Deputy Director of Construction Safety Division of DOSH Malaysia and Michael Yap, Chairman of MBAM Safety & Health Committee. This full day workshop was held with the aim to get participants to understand OSHCIM requirements and its implication toward the construction industry in Malaysia. It also provided a better understanding of roles and responsibility for clients, designers and contractors on the OSHCIM Guidelines. Participants were exposed on the concept of OSHCIM and overall risk management in the construction project design lifecycle. 43 MASTER BUILDERS JOURNAL #126Industry & Practices IP ACF Conference— Together Shaping the Future of Construction in ASEAN 17 OCTOBER 2022 The ASEAN Constructor’s Federation (ACF) Conference entitled “Together Shaping the Future of Construction in ASEAN” was held on 17 October 2022 at the Sunway Resort Hotel. The Guest of Honour was the Chief Executive of Construction Industry Development Board Malaysia (CIDB), Datuk Ir. Ahmad’ Asri Abdul Hamid. Autodesk was the main sponsor for the event. MBAM President Oliver HC Wee delivered the welcome remarks, and noted that the conference was timely as it upheld the principles of open regionalism, as well as ensuring ASEAN centrality and unity in the evolving regional and global stages. He also emphasised how ACF can play a driving role in bringing together all ACF members to have a breakthrough in the mindset where technology adoption is concerned. He further added that the construction industry is ripe for disruption in these times, in part due to how the COVID-19 pandemic has affected the way operations are carried out. ACF Chairman Foo Chek Lee also echoed on the importance of digitalisation in the construction industry. Generally, there are a myriad of technological advancements available to the ASEAN construction community, ranging from Building Information Modelling (BIM), Full house at the Conference 44 MASTER BUILDERS JOURNAL #126Industry & Practices IP Industrialised Building System (IBS), Internet of Things (IoT), Big Data, 3D scanning and printing, to name a few. The integration of various technologies in construction projects would enable the industry to future-proof itself. The ASEAN construction industry should thus embrace and adopt these latest technological advances, in order to remain competitive. The keynote address was then presented by the Guest of Honour, CIDB Chief Executive Datuk Ir. Ahmad ‘Asri Abdul Hamid, who highlighted that the ASEAN community is one where individuals have a sense of belonging and identity to ASEAN. This has greater meaning when we take into consideration that one of the objectives of the ACF is to unify efforts of the construction contractors in the ASEAN region, in promoting export of construction services to countries outside the ASEAN region and to pool resources if necessary to attain that goal. Datuk Ir. Ahmad’ Asri also shared a detailed presentation on how construction players could take advantage of digitalisation for the betterment of the industry. The highlight of the conference was the panel discussion session facilitated by Autodesk Construction Cloud. The invited speakers who shared their experiences were: 1. How Boustead Cut Reporting Times from Days to Minutes — By Deputy Director, Group Technology Office, Boustead Projects E&Cs, Singapore, Muhammad Khalil Bin Shaiful Bahari. 2. Downer NZ & Digital Engineering through Autodesk Construction Cloud (ACC) — By Digital Engineering Lead, Transport, Downer, New Zealand, Karl Henderson. 3. How ITC Reduces Construction Disruptions and Delays with Digital Transformation — By Project Manager, Construction Division, ITC, India, Madhu Aravind K. After the presentation, there was a panel discussion and Q&A session which was moderated by the Senior Industry Strategist, Autodesk Inc, Melbourne, Sumit Oberoi. Overall, it was an informative and interesting conference. Around 150 participants attended the conference. MBAM Immediate Past President Tan Sri Sufri and other VIP guests at the Lunch Attendees giving their full attention at the Conference A group photo with Chief Executive CIDB Malaysia Datuk Ir. Ahmad ‘Asri Token of appreciation to the speakers MBAM President Oliver HC Wee 45 MASTER BUILDERS JOURNAL #126 A webinar on the Post COVID Act 829 was successfully held on 29 November via Zoom, attracting 91 participants. Ir. Anthony Teoh, MBAM Deputy Secretary General 1 cum-MBAM Contracts and Practices Committee Chairman, delivered the welcome remarks. Other council members who attended included MBAM President Oliver HC Wee, Past President Foo Chek Lee; Deputy President Kenneth Liew; Vice President Eric Yong; Secretary-General Datuk Astaman Abdul Aziz; Deputy Secretary- General 2 Fong Tet Yoong; Honorary Advisor Datuk Matthew Tee; Honorary Advisor (Legal) John Tong; Honorary Advisor (Tax) Chua Siow Leng; and Council Members Nalla Sundran, Alex Liew, Tang Juang Yew, and Au Yong. The speakers were Datin Chu Ai Li, Partner, Azman Davidson and Co; Chan Keng Hoe, Managing Partner and head of Construction Law, Chong+Kheng Hoe Advocates; and Desmond Hill, Council Member and Past President, Honorary Life Member, Singapore Contractor Association (SCAL). The webinar brought together local and international experts as well as industry players from the construction industry who collectively shared their knowledge and experience on the expiry of the COVID Act 829, especially on matters pertaining to construction contracts and costs. Participants also got a glimpse of how the construction industry in Singapore has transitioned after the end of their COVID-19. (Temporary Measures) Act (COTMA), which can provide valuable insight for the Malaysian construction industry. Industry & Practices IP 52 nd ACF Council Meeting 17 OCTOBER 2022 Held after the conclusion of the ASEAN Constructor’s Federation Conference in the morning was the 52nd ACF Council Meeting. Federation members representing the Cambodia Constructors Association (CCA), Indonesian Contractors Association (ICA), Master Builders Association Malaysia (MBAM), Myanmar Construction Entrepreneurs Federation (MCEF), Philippine Constructors Association Inc. (PCA), Singapore Contractors Association Ltd (SCAL), Thai Contractors Association (TCA), and the Vietnam Association of Construction Contractors (VACC) were all present at the meeting. ACF Chairman Foo Chek Lee mentioned in his welcome address that as many ASEAN countries have gradually recovered, economies have now safely and reopened in the endemic stage of COVID-19. Nevertheless, the past two years have indeed been challenging for all of members. The pandemic has caused many disruptions resulting in delays in ASEAN construction projects and this is further worsened by the insufficient number of workforce and logistic issues in the construction industry. Generally, the adoption and implementation of technologies would largely benefit the ASEAN construction community especially in terms of increasing productivity and efficiency of the built environment’s full life cycle management. “The time for change is now. We must continue to develop to become more profitable and cost-efficient through the use of new technology and innovations,” he said. Secretary-General Eric Yong then continued with the meeting proper, which was then followed by a welcome dinner later at night. Webinar— Post COVID Act 829 29 NOVEMBER 2022 46Industry & Practices IP 55 th Building Industry Presidents’ Council Meeting (BIPC) Meeting 30 NOVEMBER 2022 The above meeting was held at Bangunan Juruukur, Petaling Jaya, and was attended by MBAM President, Oliver HC Wee; Secretary-General, Datuk Astaman Abdul Aziz; and Executive Director, Loh Mei Ling. Among the issues discussed were the ongoing shortage of labour, building assessment reports for defects during the defects liability period for completed housing projects, and the new assessment fees for QLASSIC and SHASSIC. In regard to the labour shortage issue, a joint press statement with the Persatuan Kontraktor Melayu Malaysia (PKMM), Persatuan Kontraktor Bumiputera Malaysia (PKBM) and Persatuan Kontraktor India Malaysia (PKIM) titled “Difficulties To Bring In Foreign Construction Workers” was issued on 29 September 2022, and the coverage received was shared with BIPC. For the issue of building assessment reports, reference was made to building assessment reports which were prepared by so called “Defect Inspectors” engaged by homeowners for newly completed housing projects. Many of these reports contain hundreds of alleged building defects, of which most are within the contract tolerance and/or industry tolerance. Some even demanded for flawless workmanship and/or quality, and some of them are purely aesthetic in nature. MBAM strongly believes that many main contractors are facing the same problem. If this continues, there will be a very high chance that main contractors will price in this risk during the housing project tender stage, which would be passed on to the home buyers by the developer. This will promote price increases in the property industry, which will further impede the purchasing power of home buyers. As such, some suggestions were made for the consideration of BIPC: 1. Accreditation by CIDB to make defect inspectors aware of the standard of acceptable tolerances 2. Only accredited defect inspectors shall be engaged to check defects on behalf of home buyers 3. Introduction of clear guidelines for the acceptable tolerances. 4. QLASSIC benchmarking standard will never be a 100% score. As such, defect inspectors shall allow for some minor defects in their assessments Another issue discussed was the new assessment fees for Quality Assessment System in Construction (QLASSIC) and Safety and Health Assessment System in Construction (SHASSIC), which will take effect from 1 January 2023. Meeting in progress 47 MASTER BUILDERS JOURNAL #126Next >