Are architects liable for fabricated documents submitted to authorities





In 2020, many of my well-meaning friends told me that I have no course of action against the professionals involved in obtaining the Occupancy Certificate for Vistana Heights project with fabricated as-built survey plan.

I believe all those involved, including DBKK senior officers, LPPB (Lembaga Pembangunan Perumahan Dan Bandar) and its GM Rosemary Ahping, Arkitek LYS, Lembaga Juruukur Sabah etc. will be answerable for how the Occupancy Certificate was issued.

Hopefully, my complaint to SPRM (MACC), LJS, DBKK, Lembaga Arkitek Malaysia will be looked into.

 

Read for details on professionals and not only the developer being held liable.

Here is an extract from the Daily Express:

 Kota Kinabalu: Architects will need to think twice the next time they come under pressure by developers to certify the completion of various stages of a project to facilitate drawdown from financial institutions.

Justice Ismail Brahim in a landmark decision here recently found over-certifying by the architect firm on the progress claim at fault when it ruled in favour of 12 buyers of the once-abandoned 1Sulaman Platinum Tower mixed development project. 
The project’s developer Sagajuta (Sabah) Sdn Bhd was wound up on June 20, 2016 and the Ministry of Local Government and Housing officially declared the project abandoned on Nov. 24, 2016.
The Lembaga Arkitek Malaysia Disciplinary Committee had on Dec. 19, 2016 found the 1st defendant guilty as the authorised submitting person and the project’s principal architect who has wrongly and/or negligently issued a “Stage Completion Certificate” dated May 17, 2010. LINK


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