Sample 2022 PCE Common

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### **Common**

#### *Objective*

1. The client may deduct LAD from the progress payment to the contractor subsequent to which of the following certificates?
	* A. Certificate of Non-completion
	* B. Certificate of Practical Completion
	* C. Certificate of Completion and Compliance
	* D. Certificate of Final Account
	* E. Any of the above Certificate
2. -
3. What is not the role of IOW reporting to submitting person (SP)?
	* A. To assist SP in supervision work
	* B. To alert SP of design discrepancy at site
	* C. To check progress work
	* D. To recommend design modification to suit site constraint
	* E. To endorse progress payment certificate
4. Which of the following statement of code of conduct is false ?
	* A. ECP should not propose VE and take over existing ECP
	* B. ECP should not collect commission for assisting another ECP to secure work
	* C. Registered engineer should always disclose in wiring to his client to avoid conflict of interest whenever such as situation arise
	* D. ECP should always regard to health, safety and environment aspect in their design and decision
	* E. None of the above
5. What are the duties of IOW on site:
	* I To ensure material, equipment & installation comply with contract specification
	* II To ensure installation is in accordance with construction or shop drawing
	* III To ensure the contractor follow safety &n health regulation
	* IV To issue site instruction for variation work
	* V To check & certify monthly progress payment
		+ A. II
		+ B. I and II
		+ C. I, II, III
		+ D. I, II, III, IV
		+ E. All of the above
6. The architect, being the administrator of PAM Conditions of Contract, may delegate the engineer to do the following except:
	* A. To chair and conduct site meeting
	* B. To issue engineer's instruction for engineering works
	* C. To issue payment certificate for engineering work
	* D. To ensure the contractor complies to health and safety regulations
	* E. To assist in the supervision of architectural works
7. Which one is not permissible under REA, RER?
	* I As a checker check design
	* II Act on behalf of client
	* III Claim OT from Contractor on behalf of IOW for supervision
	* IV Advertise Professional Services in social media.
	* V Specify eng system although have interest
		+ A. III
		+ B. V
		+ C. III,V
		+ D. IV, V
		+ E. I, IV, V
8. Which one is true on code of conduct?
	* I Overcharging based on client direction as client engaged us
	* II Possess highest skill
	* III Brokerage fee sub con.
	* IV Giving opinion on fact in YouTube
	* V Specify eng system although have interest
		+ A. I
		+ B. IV
		+ C. II,IV
		+ D. I, II, IV
		+ E. I, III
9. -
10. Which the following statement is FALSE:
	* A. A premise with a valid Fire Certificate is deem to have fire drill.
	* B. A Professional Engineer to prepare an application for fire certificate will not held primary responsible for any non-operation fire system in the event of fire.
	* C. Fire certificate is applicable for designated premise
	* D. Fire certificate did not issue together with CCC, CFO.
	* E. Fire certificate must renew yearly.
11. Which the following BEM SOF is TRUE
	* A. Although the BEM scale of fee is mandatory. But the ECP may offer discount.
	* B. Government project is exempted from SOF
	* C. ECP who not register with BEM not follow SOF
	* D. ECP can immediately suspends his service if client default on the fee as per schedule SOF.
	* E. None of above.
12. Which of the following statement is/are True?
	* I BEM is regulatory body
	* II IEM is a learned body
	* III ACEM is a body for professional service provider
	* IV PAM is both learned body & professional service provider
	* V BEM board members are appointed by Minister of Housing and local Authority
		+ A. I and V
		+ B. I, II and III
		+ C. I, II and IV
		+ D. I, II, III and IV
		+ E. All of the above
13. Which will violate the REA Code of Conduct?
	* A. Engineer can make objective and truthful statement.
	* B. Public Safety and Health is more than employer interest
	* C. Electrical Engineer with experiences can do mechanical lifting system.
	* D. Offer commission prior approved by BEM
	* E. None of all above
14. Which FALSE on good engineering practice?
	* A. Brand name is specified in the tender document, however, is good to provide another 3 or more brand.
	* B. Open tender is better compare to close tender for specialist/complicated project like tunneling, nuclear plant and dam.
	* C. For factory acceptance test / visit, it is limited to material with big quantity, non-standard, critical and large
	* D. In tender, it is acceptable to specify product that consultant have indirect interest, provided that prior notification in writing to client.
	* E. None of all above.
15. If an engineer issue Variation Order for additional works after issue of CPC, under which of the following conditions in the contract, the contractor must accept the additional works?
	* A. The works are required to comply with local authorities.
	* B. The additional works are instructed by client.
	* C. To reinstate the scope of works which had previously been omitted from consultant.
	* D. To accommodate changes by architect.
16. Under which scenario letter of release is not required?
	* A. The project development plans had been approved. Thereafter, a new consultant is appointed to prepare and submit new project development by the same owner.
	* B. When the land for a project development is sold to a new owner after the development plans were submitted. The new owner wants to change the project development plans completely by appoint new consultant.
	* C. The project was abandon halfway. Fee is owing to consultant. A new developer is appointed by the government to resume the project. He wants new consultant to proceed same design and complete the project.
	* D. A project has obtained development order for a particular design. The project is then novated to another party. The novated party wants to engage new consultant.
	* E. The owner terminate design and build contractor for on going factory project. He wants to appoint new ECP who will directly report to him and continue the project.
17. A multi-discipline ECP is engaged in the construction of a factory. Upon completion, various Form G compiled to be forwarded to the local authority. However, the construction of the factory exclude the following work and not required:
	* I Street lighting work
	* II Gas supply work
	* III Sewerage Treatment plant
	* IV Lift and escalators
	* **How many Form G are required for complete issuance of CCC?**
		+ A. 21
		+ B. 20
		+ C. 19
		+ D. 18
18. Which of the following statements regarding the Letter of Release is/are TRUE?
	* I. The 1st Engineer releases himself from the project when he issues the Letter of Release
	* II. The 1st Engineer is entitled to withhold the Letter of Release for both fees and non-fees related matters under this professional discretion
	* III. The Letter of Release can be withdrawn by the 1st Engineer if his term and conditions are not fully met
	* IV. The employer can issue the Letter of Release to the 2nd Engineer once the employer has paid the 1st Engineer in full
	* V. -
		+ A. I
		+ B. I. and II
		+ C. I. II and III
		+ D. I. and IV
		+ E. V
19. Which of the following statements regarding variations order of construction contract is TRUE?
	* I. All variations order claims must be substantiated by official instruction by the Architect or Engineer
	* II. Variations order should be evaluated based on unit rates in the contract, when applicable
	* III. Variations order increases the contract price
	* IV. Variations order is applicable to lump sump contract
		+ A. I
		+ B. I. and II
		+ C. I, II and IV
		+ D. All the above
		+ E. None of the above
20. -
21. CCC can only be issued under the following conditions:
	* I. When LA orders the PSP to issue CCC within 14days
	* II. When LA gives the PSP green light to issue CCC
	* III. When all Form Gs have been signed by the respective Submitting Person.
	* IV. When PSP has obtained permission to issue CCC from the LA after duly complying with the LA’s checklist
	* V. When all Form Gs have been duly signed by all parties authorized to sign complete with all supporting documents.
		+ A. I, V
		+ B. III, IV
		+ C. IV, V
		+ D. I, IV, V
		+ E. V
22. An important criterion that must be met for the issuance of CCC is:
	* A. Certificate of practical completion has been issued.
	* B. Certificate of making good defects has been issued.
	* C. All defects in the defect list must be rectified for the CCC to be issued.
	* D. All safety concerns must be rectified before CCC can be issued.
	* E. The Local authority must give permission for CCC to be issued.
23. In which situation the letter of release (LOR) from the 1st engineer is NOT required?
	* A. Change of developer.
	* B. The existing developer became bankrupt.
	* C. The government appointed a new developer.
	* D. The 1st engineer has initiated action through the CIPAA Act to claim outstanding fees, after his service is terminated by the Owner.
	* E. 1st Engineer issued CCC but refused to oversee the rectification of defective works.
24. What is the main purpose of the stakeholder sum held by BEM?
	* A. To safeguard the interest of 1st Engineer
	* B. To protect 2nd Engineer
	* C. To safeguard the interest of owner.
	* D. To enable issue Letter of Release
	* E. To facilitate the Lawyer work settle in dispute
25. Which party is normally NOT involved in Planning Submission (Kebenaran Merancang) to Local Authority?
	* A. M&E consultant
	* B. C&S consultant
	* C. Interior Design consultant
	* D. Land Surveyor
	* E. Traffic consultant
26. What does not form part of contract document?
	* A. Condition of contract
	* B. Letter of award
	* C. Drawing
	* D. Specification
	* E. Method statement
27. Sort the sequence of contractual stages (Start to end)
	* I. Possession of site
	* II. CPC
	* III. CMGD
	* IV. EOT
	* V. Final Account & payment certificate
		+ A. I - IV - II - V - III
		+ B. I – II – III – IV – V
		+ C. I – IV – II – III – V
		+ D. IV – II – V – III – I
		+ E. I – II – IV – III – V
28. What happens if bona-fide PEPC issued CCC fraudulently?
	* A. CCC come null and invalid
	* B. CCC remain valid
	* C. LA may request for new CCC to be issued
	* D. Client to engage new PSP to issue CCC
	* E. -
29. Mechanical system below is included under Form G10: -
	* I. Basement car park ventilation system
	* II. Toilet mechanical ventilation system
	* III. Outdoor air ventilation system
	* IV. Staircase pressurization system
		+ A. I
		+ B. I & II
		+ C. I, II & III
		+ D. All of the above
		+ E. None of the above
30. Which of the following is TRUE regarding drawings & specifications in a contract document:
	* A. In the event of a dscrepancy between the drawings & specifications, the consultant's intepretation shall take precedence.
	* B. Drawings always take precedence over the specification.
	* C. Drawings & specifications are not mutually explanatory;hence a clause of order of precedence is required in the contract.
	* D. Drawings are legally binding as they have been submitted to the local authority whereas the specifications are for reference only.
	* E. None of above
31. The types of company that may be incorporated under company act 2016:
	* I. Unlimited Company
	* II. Company limited by share
	* III. Company limited by guarantee
	* IV. Company limited by Professional
		+ A. I
		+ B. IV
		+ C. II, III
		+ D. I, II, III
		+ E. All the above
32. A group of engineer & their partners are planning to set up a Body Corporate as an ECP operating in Malaysia.Which of the following share holding options will be acceptable to the Board of engineers?
	* I. Partners who are no engineers hold 30 % of the total share equity , with the balance held by PE.
	* II. 100 % the equity held by PEPC.
	* III. 1/3 of the equity held by anyone, with the remaining 2/3 held by PEPC.
	* IV. 30 % of the share equity , held by PE with the remaining held by PEPC.
		+ A. All
		+ B. I, II
		+ C. II, IV
		+ D. I, II, IV
		+ E. None of above
33. Which of the following is TRUE regarding drawings & specifications in a contract document:
	* A. Magistrates - session - High Court - Appeal - Federal
	* B. Federal - Appeal - High Court - Session - Magistrates
	* C. Federal - Appeal - High Court- Magistrates - Session
	* D. -
	* E. -
34. Which following statement is / are True
	* I. PEPC or either Mechanical or Electrical can submit Active Plan to Bomba
	* II. PEPC Civil can be PSP for CCC for all type of building
	* III. PEPC or either Mechanical or Electrical be Submitting Person for G11 (Lift and Escalator)
	* IV. Form F1 for CCC can permanently issue for phased completion of a project
		+ A. III
		+ B. I, II
		+ C. II, III, IV
		+ D. All above
		+ E. None of above
35. Which statement are false?
	* I. PII cover damages for loss cause by negligence
	* II. PII cover damages for loss cause by fradulent act of the Engineer
	* III. LOR is not required when another engineer within same ECP to take over existing colleague
	* IV. A PE (not pepc) can endorse plan of proprietor system manufactured by employer
		+ A. I
		+ B. I, II
		+ C. III, IV
		+ D. II
		+ E. None of above
36. A building rented several floor of office space and renovation was carried out. Renovation works:
	* - replacing taps to self closing in toilet
	* - retrofitted lift car designated for tenant's exlusive use
	* - install Local Area Network for Computes
	* - install Air Purifier for Office area
	* **Which G form required:**
	* I. G5 - Internal Water Plumbing
	* II. G10 - Mechanical Ventilation
	* III. G11 - Lift / Escalator Installation
	* IV. G20 - Telecommunication
		+ A. III
		+ B. III, IV
		+ C. I, II, IV
		+ D. All of the above
		+ E. None of above
37. Which of the following statement on employee is/are true?
	* I. An ECP need to observe all the Federal & State public holidays
	* II. An Employee may required to work on any holiday subject to additional wages.
	* III. The Employee hand book which contains the rules, regulations & conduct of the employee shall take precedence over Letter of appointment.
	* IV. Since paid sick leave are provided under the Act, no medical certificate is required up to the maximum number of days allocated.
		+ A. I
		+ B. II
		+ C. II, IV
		+ D. III, IV
		+ E. I, II
38. Which of the following statements on BEM's code of conduct is/are TRUE?
	* I. An ECP is allowed to participate in a competition online/electronic bidding process for civil and structure appointment
	* II. A professional engineer is allowed to make public statement on TikTok as long as it is factual and objective
	* III. A professional civil engineer is allowed to sign geotechnical plans as long as he has the necessary experience and technical knowledge
	* IV. BEM code of conduct applies to all registered Engineer include Inspector of Work
		+ A. I
		+ B. III, IV
		+ C. II, III
		+ D. II, III, IV
		+ E. None of the above
39. A client requests the engineer to increase the progress payment certificate to enable more drawn out from the loan he obtain from the bank. What should the engineer do:
	* A. Proceed since engineer is employed by the client, hence should take direction from the client.
	* B. Proceed to do so, since ultimate certificate will be by the architect or QS.
	* C. Request the contractor to increase his claim submission
	* D. Recheck his certificate and if it is already reasonable, then to maintain the certificate amount.
	* E. Proceed to do so, since there will always be a time lapse between the certification date and actual date the contractor received the payment.
40. For a factory, Form G8 Fire Fighting (Passive) can be signed and submitted by:
	* A. PEPC of Civil discipline only
	* B. PEPC of Mechanical discipline only
	* C. PEPC of Civil or Mechanical discipline only
	* D. PEPC of Mechanical or Electrical discipline only
	* E. PEPC recognised and registered with Jabatan Bomba dan Penyelamat Malaysia

#### *Essay*

1. A land owner and contractor intend to form a JV company to build a hotel. The contractor approaches and ECP to prepare a preliminary design for submission to the Local Authority and utility providers. The ECP agrees with the contractor verbally that he would charge a token fee of RM3,000 as design fees for this preliminary stage and would only he appointed if the land owner and contractor successfully form the JV company.
	* a. What is Essential Component for Enforceable Contract, Is the Contract Valid (25marks)
	* b. Is the PEPC contravene any of the REA Regulation (25marks)
	* c, The contractor claims that the ECP has produced an over conservative design resulting in the failure to form the JV company. Has the ECP contravened Section 23 or 24 of the Code of Conduct of Registration of Engineer Regulations? (25 Marks)
	* d. The Land owner subsequently appoint another ECP to develop the land into an office building. Is a Letter of Release required in this case? (25 Marks)
	* You are to elaborate all your answer with explanation and justifications.
2. X is the PSP for a building project, owner Y started occupying the building prior to issuance of CCC,
	* a. Is there an offence committed? State the offence and the governing law (10 marks)
	* b. What should X do? Elaborate the basis of X’s action with respect to any relevant law (30 marks)
	* Shorty after occupation, PEPC 2 was appointed by Y to carry out structural / fire audit for the building. Upon commencing with the audit, Y inform Z that the occupied building has never been issued with a CCC. Nevertheless, Y requested Z to continue with the Audit with the reason being that Z was only appointed to carry out a technical audit and will not be the PSP.
		+ c. Should Z follow the explanation of Y and proceed with the audit? Explain your reason (20 marks)
		+ d. Knowing the status of the building occupation, what should Z do? Explain the basis of Z’s actions with respect to any relevant laws (40 marks)
3. Relative of yours is building a residential home & has appointed you as the main consultant & responsible to all submissions. You are a M&E ECP Managing Director
	* a. Can you accept appointment as Main Consultant or PSP in this project?
	* b. Describe the design / commercial responsibility and liability if you are to undertake/ not undertake and the appointment as main consultant between your relative and the other consultant appointed by you.
	* c. Prior to submission for electrical service to relevant authorities, your electrical director decides to resign from the firm. Can a staff of yours who is a PEPC electrical submit the plan? Give your reason. (25marks)
	* d. Your staff (refer item c) above, then resign prior to issuance of CCC. Can another electrical PEPC sign the relevant form Gs? Elaborate your reasons.
4. Owner X appointed PEPC Y as PSP and C&E engineer to design, tender and administer construction of the warehouse. Y in his letter of acceptance specifically stated that the engagement of the full-time site supervisor for the works is not included. During the construction, X assigned his representative (an admin staff) to supervise the project. Upon completion, Y issued CCC and X took possession of the warehouse. After occupying the ware house and before end of DLP, X complained that the concrete flooring was not constructed to meet the loading it was designed for. Independent test showed that the concrete strength of the sample taken from the floor slab do not meet the contract specification. X complained to BEM that Y has failed in his professional obligation as Y did not adequately supervise the construction of the warehouse. X also asserted that his representative is not competent technically and is hence not responsible for the site supervision.
	* a. Describe your views as to whether Y as acted professionally and what are the various steps Y could have taken to avoid the complaint. (50 marks)
	* b. Elaborate on the duties of an IoW to complement the professional responsibilities of the SP. (50 marks)
5. Owner A appoint ECP/PEPC B to design, tender and supervise construction. A inform B project is urgent and need to expedite on the completion. Project awarded to Contractor C. B assigned IOW D. C informed D, due to shortage in market, need to change the fire door and assure IOW the alternative door used is of the same specification. C assumed door similar in specification. D allow change to avoid delay. B not being notified until BOMBA inspection.
	* a. Is IOW D at fault for allowing the alternative type of fire door to be installed? Please elaborate.
	* b. What should PEPC B do upon discovering that alternative fire doors were installed ?
	* c. In the event that contractor C is instructed to replace alternative fire doors, is contractor C entitled to claim for cost and time? (25 marks)
	* d. PEPC B subsequently determined that the alternative fire doors do not meet the specifications & instructs contractor C to replace. As other physical works have been completed & all authority inspections successfully carried out, Owner A requests that the CCC be issued, as the non-complying fire doors are only a minor issue. Should B issue the CCC? Elaborate your reasons. (25 marks)
	* e. The client asks PEPC B to issue CCC because the fire door is just a minor issue, can PEPC B issue the CCC?