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

We had earlier issued Alerts on several clarifications and FAQs issued by various Ministries and Government Departments in relation to the Movement Control Order relating to Covid-19 (‘MCO’) that has been implemented in Malaysia from 18 to 31 March 2020 (‘Relevant Period’). Our earlier Alerts, in two parts, are available here (Part 1) and here (Part 2).
 
In relation thereto, on 18 March 2020, the Ministry of Works, among others, has issued a series of frequently asked questions (‘FAQs’) to clarify some of the issues affecting the construction industry. It has since been confirmed by the Ministry of Works that all works at construction sites are not permitted under the MCO and must therefore stopped during the Relevant Period, except for ‘critical works’ which may be carried out during the Relevant Period with the recommendation of the enforcement officer/ project director (for Government projects) or the resident engineer/ principal submitting person (for private projects).
 
Critical works’ are works which, if left unattended, can cause danger and harm to employees, the public or the environment. These works include:
 
  1. Repair of slopes, potholes and traffic lights;
  2. Traffic management control;
  3. Periodic inspection or reparation of lifts, travellators, escalators and other critical mechanical and electrical equipment;
  4. Maintenance works or facility upgrading works at premises that perform ‘essential services’[1];
  5. Construction of Bailey Bridge at location with collapsed bridges;
  6. Tunnelling works;
  7. Emergency works stipulated in the contract;
  8. Maintenance and cleaning works for disposal of stagnant water or pest control fogging at construction sites; and
  9. Works which, if left unfinished, will cause harm.
The Ministry of Works in FAQs No. 6 has clarified that the Government will not be liable for any losses and expenses due to the implementation of the MCO as the Covid-19 pandemic is beyond the Government’s control. It was further clarified in FAQs No. 7 that any extension of time to complete a project affected by the implementation of the MCO is subject to the provisions of the relevant contract.
 
Any person who carries out construction works which are not considered critical works during the Relevant Period will be acting in contravention of the MCO. Under section 70(13)(d) of the Street, Drainage and Building Act 1974, he will be liable to a fine not exceeding RM50,000 or to imprisonment for a term not exceeding three years, or both. He will also be liable to a further fine of RM1,000 for each day the offence is continued after conviction.    
 
Similarly, professional bodies in the construction industry have advised their members to comply with the MCO.
 
The full text of the FAQs issued by the Ministry of Works is available 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 the this Alert.
 
 

[1] The Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020 (“Regulations”) which were issued on 18 March 2020 sets out the list of “essential services”. Our summary of the provisions of the Regulations is available here.