Covid-19: FAQs by the Ministry of Works for the Construction Industry *Updated*

We had earlier issued an Alert on Frequently Asked Questions (‘FAQs’) issued by the Ministry of Works in relation to the Movement Control Order (‘MCO’) imposed in Malaysia in order to curb the Covid-19. Our earlier Alert is available here.
 
The Ministry of Works had earlier clarified in the FAQs that no works at construction sites may be carried out during the period of the MCO except for ‘critical works’ as specified therein, subject to such works having the necessary recommendation and approval from the relevant authorities for this exemption.
 
Following this, the Ministry of Works issued an update in relation to the FAQs on 1 April 2020. This update provides that with effect from 29 March 2020, exemptions will only be granted for the critical works listed below:
 
  1. Maintenance and cleaning works for disposal of stagnant water or pest control fogging at construction sites; and
  1. Works which, if left unfinished, will cause harm.
Further, an application to the relevant authorities for an exemption can only be made for the abovementioned critical works.
 
Pursuant to this update to the FAQs, the types of critical works which can be carried out during the period when the MCO remains in effect has been significantly limited. It would seem that this is one of the measures being taken by the Government as part of its objective to enhance movement restriction during the second phase of the MCO. It is hoped that some of the previously listed critical works, for example repair of slopes, potholes, elevators and traffic lights, would still be allowed if they satisfy the criteria set out in item (ii) above.
 
The updated FAQs from the Ministry of Works can be accessed here.
 
Our Construction and Engineering Practice Group will continue to keep you updated on the latest developments.  
 
Please contact our Ms Jocelyn Lim (Partner) at jocelyn.limyeantse@skrine.com or Ms. Rachel Chiah (Associate) at rachel.chiah@skrine.com if you have any queries relating to this Alert.