Registered Quantity Surveyor and His Job

The first to bear in mind when we discuss about Quantity Surveyor is their registration.  As stated in section 8(1) of Quantity Surveyors Act 1967¹, only registered Quantity Surveyor shall be entitled to prepare and submit to any person, organization or authority in Malaysia, for construction projects, and feasibility study reports, preliminary estimates, cost  plans, documents and reports for pre-qualification of contractors, bills of qualities and other tender documents, tender estimates and reports, contract documents and valuation of works for interim payments, variation and final account.  Furthermore, as mentioned by the court in the case of Raymond Banham & anor v. Consolidated Hotels Ltd.², services being performed by unregistered professional under the contract will be treated illegal, and, as Justice Winslow said,

“I am aware that to hold that the contract is illegal ab anitio may appear to be harsh but such is the position with regard to illegal contracts were both parties have contravened the law and the plaintiffs…are left without remedy.  Ignorance of the law or even innocent participation in such a contract cannot avail the plantiffs…”

                                   

¹Act 487.  Come into force throughout Malaysia on 1^st December 1973.

²(1976) 1 M.L.J.5 – Singapore High Court.

The above is a part of an article, Abdul Aziz Hussin (2003) A Quality Qualified Quantity Surveyor: A Need Or A Must? The Journal of Malaysian Surveyor. 37.4: 9-12.