Board of Engineers Malaysia - BEM

 


I complained to the Board of Engineers about the consulting engineer of Vistana Heights on 23.2.2023 and to-date, 13.6.2023, have yet to receive a reply on the results of their investigation.  

The following are the email correspondences to and fro.

 

On 23.2.2023 I emailed the Board of Engineers as follows:

luqman michel <luqmanm2002@yahoo.co.uk>
To:Professional Practice Department
Cc:MISHANA SAPAR,IRMA MUDEWI ZAINUL DIN,enquiry@bem.org.my
Thu, 23 Feb at 16:16
 
Dear Sirs,
Thank you for your response.
I attach herewith the form duly completed.
The supporting documents attached are:

1. The original development plan.
2. As-built survey.
3. Amended development plan.
4. Explanation
5. Driveway of S9 (Lot15)
6. Driveway of S11 (Lot 17)
7. Sales & Purchase agreement between my son, Faisal Luqman and the developer. (Sent in another email)

Thank you and kind regards,
Luqman Michel

BEM requested me for the Sales and Purchase Agreement which I then sent. BEM acknowledged receipt of it as shown below.

Professional Practice Department <ppc@bem.org.my>
To:luqman michel
Cc:MISHANA SAPAR,IRMA MUDEWI ZAINUL DIN,enquiry@bem.org.my
Fri, 24 Feb at 09:24
Received, thank you.

Zakiah Musa

Professional Practice Unit

Board of Engineers Malaysia

 

 

On 23.5.2023 I wrote the following email to BEM.

From: luqman michel <luqmanm2002@yahoo.co.uk>
Sent: Tuesday, 23 May, 2023 1:47 PM
To: Professional Practice Department <ppc@bem.org.my>; enquiry@bem.org.my <enquiry@bem.org.my>
Cc: MISHANA SAPAR <mishana@bem.org.my>
Subject: Re: Aduan terhadap syarikat berdaftar
 
Dear Sir,
I wrote to you on 23.2.2023 complaining about the misconduct of an engineering firm in Kota Kinabalu.
 
I have written several emails since then and have yet to receive a response on your investigation.
Your website says:

BEM primary role is providing professional engineering services and; to regulate the professional conduct and practice of registered person in order to safeguard the safety and interest of the public.

Unfortunately, what you practice is not in accordance with what you boast on your website.

If I do not receive a response from you within 2 weeks from this letter I shall escalate this matter to the Minister of Works and to the Prime Minister's Department.

Yours sincerely,
Luqman Michel
 
 
 

 BEM responded immediately as follows:


Professional Practice Department <ppc@bem.org.my>
To:luqman michel
Cc:MISHANA SAPAR,IRMA MUDEWI ZAINUL DIN
Tue, 23 May at 17:10
Dear Sir,

Please be informed that the case has been deliberated by the relevant committee and we will inform you the decision once it has been endorsed by the Board Meeting scheduled on 6 June 2023. Thank you.

Zakiah Musa

Professional Practice Unit

Board of Engineers Malaysia


I immediately responded as follows:

 

 

On Tuesday, 23 May 2023 at 17:45:15 GMT+8, luqman michel <luqmanm2002@yahoo.co.uk> wrote:


Dear Puan Zakia,
Thank you for your response.
I shall await your Board decision before taking further action if necessary.

I wish you well.
Luqman Michel

The 6.6.2023 has come and gone and I have yet to receive a reply on the outcome of their investigation. 


 

For those who have not been following my blog from the beginning here is my main complaint about the engineer.

 

i. The driveway was too steep to drive my Proton Waja to the car porch. The bumper scraped the driveway when I reversed the car up the driveway.

ii. The difference in height between the road and the house platform in the Original Development Plan is one foot but the actual on-site difference is approximately 5 feet. The Sales and Purchase agreement says that no alteration may be made from the original development plan without the consent of the buyers. No consent was given by my son, the buyer of S9 (Lot 15)

iii.  The developer wrote an email to my son, Faisal, on 22.10.2018 stating, among other matters, the following: 'Pending for surveyor to amend the as-built drawings for the relevant authorities before they submit for application of inspection & OC.'

iv I asked the engineer why the driveway is not consistent with the original development plan and I was told to refer to the developer.

v. There was no response to my question on what should be the maximum gradient for a driveway.


Let us examine the above complaints:

i.                     The architect of Topwira Corporation Sdn Bhd wrote to Pertubuhan Arkitek Malaysia on 6.3.2023 and said the following:

a.       In the complainee’s photographs, the complainee used an old saloon car to reverse up the driveway, causing the bottom of the front bumper to come close to/ touch the driveway surface, as shown by the complainee himself.

b.       Our Civil and Structural Engineer had certified the relevant Form A (s), declaring all civil works including the access roads and driveway had been constructed according to Approved Plans…

c.       Ar. Yek Tak Wai, had on his Facebook post asked ‘How steep is steep’?

 

If I had driven the car any higher than I had as shown on the photograph, my car bumper would have broken. I don’t quite understand what an ‘old car’ has to do with this.

 

The difference between the access road height and the original development plan was one foot which is not the difference physically onsite. To declare that all civil works including the access road and driveway had been constructed according to approved plans is a misrepresentation.

 

How steep is steep? If a standard car is unable to drive up without scraping the bumper it is steep.

ii.                   Any engineer worth his salt ought to know that the Housing Act is as important as any other Act he is to adhere to. No approval was obtained from the buyers for many alterations made without the permission of the owners.

iii.                 ‘Pending for surveyor to amend the as-built survey’ – what amendments were instructed by the engineer? Why amend?

iv.                 The engineer instructed me to refer to the developer when he was already informed that the developer did not respond to my emails. The Sales and Purchase agreement states that the engineer should mediate in the case of a dispute.

v.                   If an engineer needs the permission of a developer to answer the maximum gradient allowed for a driveway, then something is amiss.

Note: The survey was completed on 28.9.2018. The email from the developer to Faisal was dated 22.10.2018.


 

 

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