Reminder to Members on Code of Professional Conduct in Consultancy Service -Tendering Request on Free Design Proposals

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Our Ref: PAMSC/SUB/PGL/2019 (2)
Date: 16 May 2019 (Thurs)
Dear PAMSC members,
Re: Reminder to Members on Code of Professional Conduct in Consultancy Service
-    Tendering Request on Free Design Proposals
Our Chapter has been recently notify by some of our concerned members that there are certain parties who are capitalising on the current economic situation by exploiting Architects in the manner of requesting for architects to submit free design proposals as part of the job bid.
 We write to remind all Professional Architects NOT TO participate in such exercises:
  • Inviting Architects to submit design proposals totally free of charge and without remunerations.
  • Reserving the right to negotiate the fees and conditions of engagement with the Architect/s after their design has been selected.
  • Stipulating the mode of payment of fees which is one sided. For example – only upon successful sales and deferring the bulk of the fees to the end.
Please be reminded that tendering request for free design proposal CONTRAVENES the followings:
1.   Compliance to Rules 29(1) of Architect Rules 1996 [Act 117]; an Architect shall only enter into an agreement for architectural consultancy    service according to the Architects (Scale of Minimum Fees) Rules 2010, the Conditions of Engagement and the Memorandum of Agreement.
2.   Under Subrule 28(1) Code 17 for Code of Professional Conduct for Professional Architects, the professional services of an Architect who carries on business as an architectural consultancy practice shall be remunerated solely by the fees payable by his client.

The above tendering request/s will seriously damage the long-term future of the entire profession.

PAMSC urges all Architects who have been invited for such illegal competitions to decline the invitations and report to PAMSC, so that we can communicate directly with the parties concerned to advise them accordingly.

The cooperation of our fellow Architects on this matter is very much sought.

Thank you.

“In union there is strength”

Yours faithfully,
Ar. Ivy Jong
(Chairperson 2019-2020)cc. Lembaga Arkitek Malaysia

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This CPD will examine the roles and responsibilities of the Architect under the Housing Development Act (Act 118 Peninsular Malaysia 2007) and the Sarawak Housing Ordinance (1993) and related regulations. It will cover an overview of the two sets of laws in force in West Malaysia and Sarawak and point out the major differences. A brief outline of the certification process under the housing acts and ordinances and the management of quality in relation to this certification is reviewed. Managing common defects and complaint is also considered.

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