Developers, consultants liable for damages - DID
17/08/2006 Daily Express

Kota Kinabalu: Developers and their consultants will be held fully responsible for any third party claims on damaged properties due to flaws in their drainage, erosion and sediment control systems' design that they submit to the local authorities.

State Drainage and Irrigation Department (DID) Director, Ir Ho Jin Wah said the department was not responsible for checking and confirming the correctness and accuracy of the systems the consultants had designed and submitted.

"This responsibility will lie squarely on the shoulders of the consultants who are paid to do the job," he said.

He said the consultants were also responsible for design parameters and assumptions, hydrological data used, hydraulic analysis and calculations, safety aspects and engineering judgements, among others, in the drainage plan and ESCP.

He said the local authorities being the approving and enforcement authorities would impose submission requirements for approving development plans and to ensure compliance during physical implementation from the earthworks phase until project completion.

However, if in the course of flipping through their submission, they happen to notice anything obviously wrong, the DID would inform and advise the local authorities to request for amendments.

"But for any undetected flaws in the design, which later on leads to some third party claims, the developer and their consultant would be held fully responsible," he said.

Bearing this in mind, he expressed hope that those responsible for preparing and designing the drainage plan and ESCP would acquire the necessary knowledge and skills.

At the same time, Ho said they should also exercise the utmost care to ensure the plans submitted are of the highest quality.

The DID, he said, would assist in providing clear technical and submission guidelines for drainage plans and ESCP.

If required by the local authorities, Ho said the DID would also assist in checking the drainage plans and ESCP that have been referred to them to ensure the submitted documents are proper and complete.