The liability of certifier under the relevant laws, housing sale and purchase agreement and building contract

Abstract

The relevant building laws, Sale and Purchase Agreement under the Housing Development Regulation, and the building contract have conferred a certification power upon an impartial work value certifier (architect) to certify the various completion stage of works for the developer and the contractor. The relevant acts and the building contract assign a number of duties and responsibilities to the architect. It follows that the architect carries a high degree of liability in connection with certification work. This paper discusses the liability of the architect's various certifications under the relevant laws of Malaysia, the implications of liability and the resultant consequences.