BEM PCE Part A Common Paper cheat sheet

Core duty: hold paramount the safety, health and welfare of the public; if a design endangers the public, the engineer must refuse to certify and report to the relevant authority.

Competence rule: undertake work only within your field of competence; if outside, disclose the limitation and engage a qualified specialist, documenting the arrangement.

Conflict of interest: disclose any financial or personal interest in a project to the client and employer in writing before accepting the engagement; abstain from decision-making where impartiality is compromised.

Confidentiality: client information is confidential unless disclosure is required by law, ordered by a court, or necessary to prevent serious harm to the public.

Bribery and facilitation payments: any payment to influence a decision is prohibited under the Engineers Act and the Malaysian Anti-Corruption Commission Act 2009; gifts above nominal value must be declined or declared.

Public statements: sign or endorse only reports and drawings you prepared or directly supervised; false or reckless public statements about engineering matters breach professional conduct.

Whistleblowing: report unsafe or illegal engineering practice internally first; if unresolved, escalate to the Board of Engineers Malaysia or the relevant regulator, keeping a written record.

Fair dealing: do not maliciously injure the reputation or practice of another engineer; competition on merit, not on disparagement or undercutting that compromises safety.

Continuing professional development: maintain and record CPD hours as required by the Board; lapsed competence is itself a professional conduct issue when accepting work.

Engineers Act 1967 (Act 136) establishes the Board of Engineers Malaysia (BEM) and provides for registration of engineers, sole proprietorships, partnerships and bodies corporate.

Section 7: the Board consists of members appointed by the Minister, including representatives of the Institution of Engineers Malaysia and government agencies; the Board administers registration and discipline.

Registration categories: Graduate Engineer, Professional Engineer, and (for firms) Professional Engineer sole proprietor, partnership or body corporate; practising certificate required to practise.

Section 15: a person must not practise or hold out as an engineer unless registered; unregistered practice is an offence with fines and/or imprisonment.

Subsidiary legislation includes the Registration of Engineers Regulations 1990 (as amended) and the Engineers (Disciplinary Proceedings) Regulations; these set fees, CPD, and inquiry procedures.

Disciplinary powers: the Board may caution, suspend or cancel registration after an inquiry; appeals lie to the Minister and thereafter to the High Court on points of law.

Annual practising certificate: issued on application, subject to CPD compliance and payment of prescribed fees; practising without a valid certificate is an offence.

The Act binds the Government but not in a way that exempts registered engineers from professional conduct obligations when working on public projects.

Graduate Engineer registration requires an accredited engineering degree (or recognised equivalent) and application to the Board with prescribed fees and documents.

Professional Engineer registration requires a recognised degree, a minimum period of practical experience (typically three to four years post-graduation), a professional interview and a competency assessment.

Professional competence assessment covers technical knowledge, communication, management, ethics and awareness of statutory and safety obligations.

Firm registration: a sole proprietor must be a Professional Engineer; a partnership must have at least one Professional Engineer partner; a body corporate must have a Professional Engineer in the management.

CPD requirement: registered engineers must accumulate the prescribed CPD hours annually; records are subject to audit by the Board.

Practising certificate renewal is annual and conditional on CPD compliance, fee payment and no subsisting disqualification.

Change of particulars (address, employment, firm structure) must be notified to the Board within the prescribed period.

The Board may refuse or revoke registration for fraud, misrepresentation, or professional misconduct established through disciplinary inquiry.

The Board's Code of Professional Conduct requires engineers to be honest and impartial, to serve the public interest, and to uphold the honour of the profession.

Disciplinary inquiry: complaint is investigated; if a prima facie case exists, the Board constitutes an inquiry committee; the engineer is given notice and a right to be heard.

Sanctions available: caution, suspension from practice for a specified period, cancellation of registration, and/or a fine as prescribed.

Grounds for discipline include negligence, incompetence, dishonesty, breach of confidentiality, signing work not prepared or supervised, and conviction of a serious offence.

Natural justice applies: the engineer must know the case, have access to evidence, and be given an opportunity to respond before sanction.

Appeal route: appeal to the Minister against a Board decision within the prescribed time; further appeal to the High Court on questions of law.

Failure to comply with a disciplinary order (e.g., practising while suspended) is a separate offence under the Act.

Engineers must report to the Board any conduct by another engineer that appears to constitute serious professional misconduct.

Valid contract elements: offer, acceptance, consideration, intention to create legal relations, capacity, and legality; certainty of terms is also required.

Invitation to treat vs offer: tenders, price lists and advertisements are generally invitations to treat; acceptance must be unqualified and communicated.

Standard forms: PAM 2018 (Malaysia) for building works, PWD forms for public works, FIDIC Red/Yellow/Silver Books for international projects; each allocates risk differently.

Time and payment: interim certificates, retention (typically 5-10%), defects liability period, and final account; late payment triggers interest and suspension rights under the Construction Industry Payment and Adjudication Act 2012 (CIPAA).

Variations: must be instructed in writing by the contract administrator; valuation follows contract rates or reasonable rates where none apply.

Breach and remedies: damages (liquidated or general), termination, specific performance; liquidated damages must be a genuine pre-estimate of loss.

Force majeure and extension of time: EOT is granted for excusable delays; concurrent delay and notice requirements are strictly enforced.

Dispute resolution: CIPAA adjudication for payment disputes, then arbitration or litigation; mediation is often a contractual precondition.

Negligence elements: duty of care, breach of that duty, causation (factual and legal), and damage that is not too remote.

Duty of care test: foreseeability of harm, proximity, and fairness/justice/reasonableness (Caparo v Dickman three-stage test).

Professional standard: an engineer is judged against the ordinary skilled engineer exercising reasonable care, not against a higher standard of perfection.

Contributory negligence reduces damages proportionally; volenti non fit injuria (voluntary assumption of risk) is a complete defence if established.

Pure economic loss is generally not recoverable in negligence unless a special relationship exists (e.g., reliance on professional advice for a known purpose).

Vicarious liability: an employer is liable for the negligence of employees acting in the course of employment; independent contractors are generally not covered.

Limitation periods: tort claims typically six years from the date of damage (three years for personal injury) under the Limitation Act 1953; latent damage rules may extend.

Defences include no duty, no breach, no causation, contributory negligence, and statutory limitation.

Occupational Safety and Health Act 1994 (OSHA): general duties of employers to ensure safety, health and welfare of employees and others affected by the undertaking.

Employees' duties: take reasonable care of themselves and others, cooperate with safety measures, and not misuse safety equipment.

Construction Industry (Safety and Health) Regulations 2024 replaced the 1996 regulations; require a safety and health officer and site safety supervision for prescribed projects.

Notification: certain accidents, dangerous occurrences and occupational diseases must be reported to DOSH within the prescribed time (e.g., 7 days for accidents, 24 hours for dangerous occurrences).

Environmental Quality Act 1974: prohibits discharge of pollutants without a licence; prescribed premises and scheduled wastes require specific licences and manifest tracking.

Environmental Impact Assessment (EIA) under the Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015: prescribed activities require EIA approval before commencement.

Factories and Machinery Act 1967 (FMA): registration and inspection of machinery, certificates of fitness, and competent person requirements.

Penalties: OSHA and EQA offences carry fines and imprisonment; directors and managers may be personally liable for offences committed with their consent or neglect.

CIDB Act 1994 (Act 520) established the Construction Industry Development Board to regulate and develop the Malaysian construction industry.

Contractor registration: all contractors must register with CIDB and hold a valid registration certificate to undertake construction work; grades (G1-G7) determine project value limits.

CIDB levy: contractors pay a levy on the contract value of projects (typically 0.125% for projects above a threshold); failure to pay is an offence.

Personnel registration: site supervisors, skilled workers and construction site personnel must be registered and hold valid CIDB green cards.

Building and construction standards: CIDB issues construction industry standards and guidelines; compliance is a condition of registration.

Other frameworks: Uniform Building By-Laws 1984, Street, Drainage and Building Act 1974, and Town and Country Planning Act 1976 govern building approval and planning.

CIDB enforcement: power to investigate, compound and prosecute unregistered contracting and non-compliant site personnel.

Accreditation: CIDB accredits construction personnel and training institutions; accredited status is required for certain site roles.

Consultancy agreement: scope of services, deliverables, fee basis (lump sum, percentage, time-based), payment terms, liability caps and dispute resolution must be in writing.

Professional indemnity insurance: covers negligent acts, errors and omissions; maintain cover appropriate to the risk and disclose the limit to the client.

Fee scales: professional fees are negotiated, not fixed; percentage fees are based on project value and must be transparent in the agreement.

Design responsibility: the engineer must produce design calculations, drawings and specifications; checking and independent verification are required for complex or high-risk works.

Project management: define roles (employer, engineer, contractor), maintain records, issue instructions in writing, and manage variations and claims contemporaneously.

Quality assurance: implement a documented QA system; design reviews, hold points and sign-offs reduce liability and support defensible decisions.

Records and retention: keep project records, calculations and correspondence for the period required by contract and limitation law (typically at least six years).

Termination and handover: on termination, deliver completed work, as-built records and outstanding instructions; settle final accounts promptly.

Sustainable development definition: development that meets present needs without compromising the ability of future generations to meet their own needs (Brundtland Report, 1987).

Three pillars: environmental, social and economic sustainability must be balanced in engineering decisions; life-cycle assessment supports this.

Green building tools: Green Building Index (GBI) and GreenRE are Malaysian rating systems; compliance can be a planning or contractual requirement.

Energy efficiency: design to reduce operational energy; passive design, renewable energy and efficient systems lower carbon footprint over the asset life.

Environmental management: ISO 14001 provides a framework for environmental management systems; pollution prevention and waste minimisation are core obligations.

Social responsibility: consider community impact, safety, accessibility and stakeholder engagement; displacement and livelihood impacts must be assessed and mitigated.

Climate resilience: design for projected climate risks (flooding, heat, sea-level rise) using current data and adaptive design principles.

Reporting: sustainability reporting (e.g., GRI standards) and disclosure of environmental and social performance are increasingly expected by clients and regulators.