Ar ANTHONY LEE TEE
Architect Centre SB
19th July 2025
ARCHITECTS
See You In Court, Again!?
10.10 [2018]
Master-Class Workshop Series
Architects’ Beware
These Errors, Oversights, Defects Can Cost You Dearly
Findings from 10 years Property Inspections in Malaysia
10 recurring Defects, Errors, Oversights facing Architects.
What is a Defect?
Generic: A defect is a flaw, imperfection, or deficiency in a product, material, or process that causes it to fail to meet specified standards or intended function.
…can occur in manufacturing, construction, or any other industry where the final output does not align with quality expectations, design requirements, or performance criteria. Defects may be minor (cosmetic) or major (affecting usability or safety), and can result from errors in design, production, installation, or material selection.
…”a shortcoming, imperfection, or lack" in something that causes it to be faulty or incomplete. In a general sense, it refers to any flaw or imperfection that results in something not functioning as intended or meeting a required standard.
What is
Defect in Construction?
Any imperfection or flaw or fault in construction that results from poor workmanship, materials, or design that does not meet the contractual specifications, building codes, or industry standards.
Defects can be structural (affecting the integrity of the building) or non-structural (cosmetic, affecting appearance), and they can manifest during or after construction or within a set defects liability period after completion, or after DLP.
as defined by RICS Defects & Rectification 2nd Edition Aug. 2024
‘Contract Administrators
(operating in Malaysia)
within a dispute prone industry
due to
fragmented and adversarial nature’
(Cheung and Yin 2007, Chong and Rosli 2009)
Chapter 8: Defects
Patent Defect
Obvious [at CPC] + [during DLP]
Latent Defect
no visual sign at completion
hidden, become apparent later stage
English courts have defined latent defects as those defects that do not become obvious even though the requisite level of skill and care had been exercised in searching for and identifying them.
Defects in Housing S&PA
Schedule H - Clause 30. Defect Liability Period & Clause 14
Fourth Schedule - Building Description
Any defect, shrinkage or other faults in the said Parcel or the said Building or the common property which becomes apparent within twenty-four (24) months after the date the Purchaser takes Vacant Possession of the said Parcel and which are due to defective workmanship or materials or; the said Parcel or the said Building or the said common property not having been constructed in accordance with the plans and descriptions as specified in the First and Fourth Schedules as approved or amended by the Appropriate Authority, shall be repaired and made good by the Developer at its own cost and expense within thirty (30) days of the Developer having received written notice thereof from the Purchaser.
Defects in Construction & HDA S&PA
Any defects, shrinkage,
imperfection or fault
poor / defective workmanship, materials,
(or design)
Did not meet contractual
specifications, building codes,
industry standards.
manifest / appear / discovered
during or after completion
within DLP, after DLP.
In Parcel or Common Property
Build Only
Materials & Workmanship
Vs Consultants’ design
Vs Design-Build
Patent vs Latent
Warranties
Limitation Periods
Determined / Decided by whom?
Arch/Eng/Developer/Purchaser
Expert, ExD, Tribunal, Arb, Court
Sticker Men
Joint Statement by the Board of Architects Malaysia (LAM) and the Malaysian Institute of Architects (PAM) In Support of CIDB’s Clarification on CIS 7 and QLASSIC™
Defects! New Trouble beyond Delay & Quantum Disputes
Construction
Contracts
Traditional Build Only
Phased & Staggered
Design-Build
EPCC etc
Sub-Contracts
Contracting Parties:
Employer
Contractor
NSC, DSC, Supplier etc.
Sales & Purchase Agreements
HDA – Schedule G & H
Non-HDA
Sub-Sale
Parties:
Developer & Home Buyer
Vendor & Purchaser
BUILDERS
PROPERTY
DEVELOPER
/ OWNER
Consultants Architects
PURCHASERS
Land & Building
Strata Owners
PURCHASERS
Strata Owners
HDA – SPA Schedule G & H
Non-HDA
Professionals
Sub-Contractors
& Suppliers
NSC
& Suppliers
JMB / MC
Vendors
Trades
Property Managers
PAM Form of Contract
Consultants
Architects
Strata Management Act
NSC Contracts
Sub-Contracts
PMC
Defects . Set-Off
Non-compliance to SPA
Unit Defects (Tribunal)
Defects . Set-Off
Common Areas Owner Units
Design, Certification, Supervision
Design
Matrix of Parties
JKR Form of Contract
Design-Build
EPCC, Fidic ,CIDB etc
Common Disputes over Defects
Complexity with Mixed Strata
Housing & Commercial Development and Construction Contracts
BUILDERS
PROPERTY
DEVELOPER
/ OWNER
PROFESSIONALS
Consultants
PURCHASERS
Land & Building
Strata Owners
PURCHASERS
Strata Owners
HDA – SPA Schedule G & H
Non-HDA
Professionals
Sub Contractors
& Suppliers
Nominated
Sub Contractors
JMB / MC
Vendors
Trades
Property Managers
PAM Form of Contract
JKR Form of Contract
Fidic CIDB
CIPAA
PROFESSIONALS
Consultants
Strata Management Act
Strata Title Act
NSC Contracts
CIPAA
Sub Contracts
CIPAA
PMC
Time & Costs
(EOT, LAD, L&E) CIPAA
Setoff & Defects
Time & Costs
(EOT, LAD, L&E) CIPAA
Setoff & Defects
non-compliance to SPA
LAD, Unit Defects (tribunal)
Defects, Latent Defects
Common Areas
Errors & Omissions
CIPAA
Errors & Omissions
CIPAA
Lifespan of Disputes
Traditional:
PAM Form of Contract Employer/Client
Architects
Engineers
QS
Contractor
NSC
New Norm (whole lot more complicated!)
Design-Build
International PMC
Value Engineering – e.g. IBS
Parang Contracts
Molested PAM Form
GBI, GRE etc..
Qlassic, Conquas..
Strata Mngt Act 2013
Property Management
Tribunals & Disputes
Parang Contracts
Extracted from a Tender in KL - 2018
No Drawings, Details or Specs
Fit for Purpose, regardless
What Drawings, Details or Specs?
Whether or NOT
Invitation for Dispute Contract
Design of
Safety and Maintainability
M&E penetration
Above Electrical Switch Room
Design (1) vs Workmanship (2) vs Maintenance (3)
Water Seepage
Electrical Switch Room
IN THE HIGH COURT OF MALAYA AT KUALA LUMPUR CIVIL SUIT NO. WA-22C-98-10/2017
Dua Residency MC vs Edisi Utama
Salient Grounds of Judgment
Swimming Pool, Open Deck, RC Flat Roofs�Construction Movement Joint – ‘CMJ’
Red dotted lines indicate approximate location of CMJ on Ground Floor
Swimming Pool and Deck
Year 2018
Encl. 29 / 17
Block A
Block B
Ground Floor Plan (Construction Drawing provided by the Defendants) after the site inspection on 14th October 2020
CMJ
Block A
Block B
Swimming Pool & Deck
CMJ
A1
B1
B2
B3
B4
C1
C2
C3
C4
D1&D2
D3
D4
D5
D6
Photo A1.1
Photo A1.2
Photo B1.1
Photo B1.2
Photo B1.3
Photo B1.4
Photo B1.6
Photo B1.5
Photo B2.2
Photo B2.1
Photo B3.1
Photo B3.2
Photo B4.2
Photo B4.1
Photo B4.3
Photo C1.1
Photo C1.2
Photo C2.1
Photo C2.2
Photo C3.1
Photo C3.2
Photo C4.1
Photo D2.1
Photo D1.1
Photo D1.2
Photo D3.1
Photo D3.2
Photo D3.3
Photo D3.4
Photo D4.1
Photo D5.1
Photo D6.1
CMJ
CMJ
Photo C3.1
CMJ – Location C3
Chainage C3 : 155.61 – 166.74 m
Photo C3.2
CMJ
CMJ
Photo A1.1
Photo A1.2
CMJ – Location A1
Chainage A1 : 0.00* – 61.04m
(*start of chainage)
CMJ
CMJ
PU Foam Grouting
Heavy Efflorescence (calcification)
PU Foam Injection
Does it Work?
Year 2018
Year 2012
Progression of Water Seepage
Ineffectiveness of PU Grouting
Drip pan & discharge pipe
For Illustration Purposes:
Swimming Pool & Open Deck
Comprehensive Repairs
from the
TOP / Positive Side
Remove old screeding and waterproofing
Epoxy Grouting repairs for concrete cracks
Root Cause(s) of Building Defects
Design vs Workmanship vs Maintenance
Leaks & Cracks – Waterproofing, Plastering; Tiles – Hollowness, Debonding
Seepage – Windows; Pipes – Water, Sewerage;
Glass – Glazing / Handrails; Maintainability – Design, Materials, Details
Drawings, Details
Materials, Specifications
Determined & Specified
by Architect / Engineers
Shop Drawings
Workmanship benchmarked by Specification & Standards Determined and Accepted by Architect / Engineers
Defects Liability Period
Maintenance Period
Owner (Representative)
Property Manager
Competent Persons etc.
avoid ‘designing’
Building Defects & Disputes
Root Cause(s) of Building Defects
Design vs Workmanship vs Maintenance