CONSULTANTS are encouraged to apply common sense and play facilitative roles in helping contracting parties resolve formal disputes due to COVID-19.
This is the message highlighted in the professional practice forum organised by the Malaysian Institute of Architects (PAM) yesterday.
The forum themed “Surviving Post COVID-19 – A Common Sense Approach”, discussed the action needed to be taken by industry players to abide by contracts.
PAM president Datuk Ezumi Harzani Ismail said architects, as contract administrators, should step-up proactive roles in averting disputes.
They are encouraged to guide parties toward practical solutions, so that projects can come to an amicable completion.
Real Estate & Housing Developers’ Association (Rehda) lauds PAM’s initiative to take the lead in guiding architects and consultants in facilitating to resolve contractual disputes.
Its president Datuk Soam Heng Choon said people do not like to make decisions during these uncertain times, but architects need to come up with conclusions to allow projects to move forward.
“The Government should extend the application of the COVID-19 Act beyond its original deadline of Dec 31, to give more time for contracting parties to resolve dispute amicably.
“However, even if the Government does not extend the date, the discernment in decision making should continue under this pandemic.”
Exercise wisdom when handling grievances
Soam also noted that the legislation does not fully address the concerns of developers and contractors, such as the case when contracting parties or suppliers are based overseas.
Regardless of whether the temporary Act will be amended or extended, Master Builders Association Malaysia (MBAM) vice president Oliver Wee urged its members to diligently complete their projects and look for practical solutions whenever disputes arise.
He also stressed that architects play an important role in making fair decisions in any contractual disputes.
“Construction industry players need to discuss and agree on how to resolve contractual matters, and should not wait for the Government to issue new legislation to change their practice,” he said.
Federal Court judge and forum moderator Datuk Mary Lim Thiam Suan concluded that it is entirely up to the industry to decide on its norm.
She added that the extent to how much the COVID-19 Act is of any benefit is yet to be seen. – Dec 20, 2020.
