The design and engineering work associated with a construction project is essential to the security and stability of the completed structure. Hence, design professionals, such as architects and engineers, are also subject to professional standards of conduct, rules of practice, and other minimum levels of competence. A mistake in a project or failure to ensure that the design and engineering is executed properly, will expose the project to a risk of significant disruptions, delays, losses, and cause damage to those involved with the project, both during and after construction is completed.
In the case of professional malpractice by an architect, an injured party may file a complaint to the Board of Architects Malaysia. If found liable, an architect may face any of the following sanctions: written warning or reprimand, fine, suspension of registration, cancellation of registration, and/or removal from the Register of Architects. In the case of professional malpractice by an engineer, an injured party may file a complaint to the Board of Engineers Malaysia. If found liable, an engineer may face any of the following sanctions: written warning or reprimand, fine, suspension of registration, cancellation of registration, and/or removal from the Register.
We advise and assist complainants and design professionals in pursuing and responding to complaints to the Board of Architects Malaysia and the Board of Engineers Malaysia.
Our services and support include, but is not limited to the following:
- Reviewing the related agreements between parties and identifying the laws and regulations applicable to the clients’ project including relevant professional rules, codes and policies.
- Providing legal advisory and support to our clients on regulatory compliance in their dealings with the local regulators and agencies.
- Advising clients on the reliefs available for different types of claims of professional malpractice.
- Advising clients on the procedures involved during the disciplinary hearing before the Disciplinary Committee.
- Negotiating and drafting an amicable settlement between parties, if possible.
- Drafting the complaint form and compiling supporting documents to be filed to the Board.
- Representing architects/engineers and complainants before the Disciplinary Committee.
- Liaising with experts to obtain further advice on the relevant issues involved in the dispute between parties. Preparing for experts to be called to Hearings and to give evidence before the Disciplinary Committee.
- Advised a client on whether to commence a lawsuit against the engineers of a mixed-development project or to file a complaint to the local authority or Board of Engineers Malaysia.
Related Articles and Updates
Prior to 29/12/06 the test for medical negligence accepted by the Courts in Malaysia was generally known as the Bolam Test or the Bolam Principle. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. However, the Federal Court on 29/12/06 in its judgment in the case of Foo Fio Na v Dr. Soo Fook Mun & Anor  1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable. The question of law which was posed for the determination of the Federal Court was whether the Bolam Test in the area of medical negligence should apply in relation to all aspects of medical negligence. The Federal Court answered the question in the negative.
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