Figure 1: All Saints Margaret Street
All Saints Margaret Street, (1849-59) a almost hidden beautiful church that luckily had pointed out by Hengry-Russell Hitchcock more than 40 years ago and now the church had listed Grade 1 Anglican Church in London, England(1).William Butterfield was the architect who designed this building and this church had been said as Butterfield’s masterpiece. This church marks a turning point in the Gothic Revival building style it’s also a leading building on High Victorian Gothic style that can potray British architecture around 1850 to 1870.This church was built as a model church of Ecclesiological Society(2)and the church stands on the north side of Margaret street in Fitzrovia, that’s a place near Oxford Street. Its located in an extremely narrow site and is set back from mainstreet in a delightful court yard between the vicarage and the choir school.(3)
(1) Saints, Margaret Street, available on http://en.wikipedia.org/wiki/All_Saints,_Margaret_Street, accessed on 3th May 2015, 04;45pm.
(2) Sir Banister Fletcher, A History of Architecture Nineteenth Edition, England, Borough Green, Sevenoaks, Kent TN15 8PH, UK, page 1095
(3) All Saints Margaret Street-London’s Hidden Victorian Gothic Masterpiece, available on http://www.guidedwalksinlondon.co.uk/blog/read_81612/all-saints-margaret-street-londons-hidden-victorian-gothic-masterpiece.html, accessed on 3th May 2015, 05;05pm.
2.0 Building History
Figure2: Frederick Oakeley Portrait Source: available on http://www.hymnary.org/person/Oakeley_F accessed on 6th May 2015, 01:01am
Figure 3: William Dodsworth portrait Source: available on http://en.wikipedia.org/wiki/William_Dodsworth accessed on 6th May 2015, 01:03 am
All Saints got a lot of history that when it stands on Margaret Street since 1760s.The church had proceeded a lots of thing such as the various gradation of Dissent and Low-Churchism until 1829, William Dodsworth that’s a Tractarian become the chapel’s incumbent and he later converted to Roman Catholicism, same like one of his successors who are Federick Oakeley. Federick Oakeley said the chapel as ’a complete paragon of ugliness’ it means that he don’t like the chapel design and think it was very ugly at the time before he resign the chapel’s inclument and this word had gave the Idea to rebuild the chapel as the correct ecclesiastical style that he think about. This rebuilding chapel idea had success collected a sum of almost £30, 000 for the rebuilding purpose. After this scheme he was succeeded by his assistant that is William Upton Richards and he was decided to carry on this rebuilding chapel plan.
In 1845, Alexander Beresford said that this plan can combined with the project of the Cambridge Camden Society that they want to found a model church and his proposal had approved by Upton Richards, George Chandler who are the rector of ALL Souls, and Charles Blomfield, the Bishop of London. Sir Stephen Glynne and Sir Alexander Beresford Hope had appointed by the Cambridge Camden Society to take the fully control and oversee work of the architectural and ecclesiological aspects. Sir Stephen Glynne was unable to actively participate in this project and only Sir Alexander Beresford Hope took the charge of this rebuilding project.(4)
After the plan had confirmed, William Butterfield was selected as the architect of this rebuild chapel project and this is a curious choice and they also paid Margaret street £14, 500.(4)The last services for the old chapel was on Easter Monday, 1850.After that the foundation stone of the new building was laid All Saints’ Day of the year by Edward Bouverie Pusey. The services was held on the other temporary chapel that’s in Titchfield Street for the next nine years because of the rebuild construction for the new chapel. On 28 May 1859, the new church was finally finished the rebuild and the chapel had consecrated by Dr Trait who are the Bishop of London at that time(5). The total cost for the new church was a highly cost, including the site cost and endowments the cost was around £70, 000. The donation helped the church a lot on this rebuilt project.
(4) English Church Architecture- City of Westminister: London Borough. All Saints, Margaret Street (TQ 292 815) available on http://www.english-church-architecture.net/london – city of westminster/all saints, margaret street/all_saints, _margaret_street.htm, accessed on 6th May 2015, on 01:29 am.
(5)All Saints, Margaret Street , available on http://en.wikipedia.org/wiki/All_Saints, _Margaret_Street, accessed on 6th May 2015, on 01:40AM.
3.0 Architecture of Building
All Saints by William Butterfield had brought a new grandeur to the Gothic Revival building style and the Gothic Revival style was popular during the 1800s.’Structural Polychromy’ had became Butterfield’s habitual contribution to the Gothic Revivalist style of church architecture and the structural polychromy is the used of coloured material especially stone and bricks and tiles to make a building where colour and pattern are special in the structure. (6) In 2014 Simon Thurley who are the Chief Executive of English Heritage had listed All Saints as one of the ten most important building in England. Sir John Betjeman had said the design of the church showed Butterfield ‘going on from where the Middle Age left off’. Charles Locke Eastlake who was the 19th century architect and writer had wrote Butterfield’s design was ’a bold and magnificent endeavor to shake off the trammels of antiquarian precedent, which had long fettered the progress of the Revival, to create not a new style , but development of previous styles’. John Ruskin the Victorian critic had wrote something after seeing All Saints and he wrote’ Having done this, we may do anything;…and I believe it to be possible for us, not only to equal, but far to surpass, in some respects, any Gothic yet seen in Northern countries.(7)
(6) All Saints’ Church, Margaret Street, Church London, United Kingdom, available on http://global.britannica.com/EBchecked/topic/15911/All-Saints-Church-Margaret-Street, accessed on 6th May 2015, 01:59 AM.
(7) All Saints, Margaret Street , available on http://en.wikipedia.org/wiki/All_Saints, _Margaret_Street, accessed on 6th May 2015, on 02:28AM.
Figure 4: All Saints, Margaret Street exterior
Source: available on http://www.londonarchitectureblog.com/search?q=all saints margaret street accessed on 6th May 2015, 07:30AM
3.1 Building Exterior
For the building exterior William Butterfield had use the innovate building material that is red brick. The church’s contrast to the other Gothic Revival churches of the 1840s that is common built by the grey Kentish ragstone and All Saints had been built by the red bricks. At that time most of the cheap churches use the red brick as the building material but Butterfield chose the red brick and this church is the first important building where brick was used decoratively. The red brick will banded and patterned with the black bricks and the sipre is banded with stone. All the decoration will make into the structure and this made All Saints the first example of ‘structure polychromy’ in London.(8) The broach spire soaring 69 meter high and it was the second height in London and it still visible above and between the shops at a few of point along the Oxford street. The columns internally include Aberdeen granite, serpentine, veined alabaster, the so-called Derbyshire fossil ‘marble’ actually is a hard limestone capable of taking polish and among the true marbles, red Languedoc, yellow Sienna and green Connemara. And this such a palette actually rather cosmopolitan for William Butterfield that showed he was discriminate in favor for vernacular materials. William Butterfield had made his the best use of the limited space that available such about 100’ square that is church guide and placing his church along the back and setting out a courtyard at the front, covered by the place of vicar stay that’s call vicarage on the right side and a parish on the left side. The only windows able to be constructed in the North side of the clerestory because of adjoined other buildings to the north and east. The tower is the most striking feature for the external which has angle buttresses reaching up to the base of the bellstage and the bell-opening stands of two very tall and narrow. Two–light geometric bell-opening per wall and set together in the recessed rectangles with denticulation in moulded brick above.and a needle spire which is clearly the product its author. The pattern in the brickwork at the church consist chiefly of a rich of horizontal bands, zigzag and lozenges(9). As All Saints was a metropolitan church and there was a plenty of money available for the church rebuild, William Butterfield no need to limit himself on the basis of the generous capital for him to design this masterpiece. The church had success absorb people attention and although it had its critics and it was potent source for an entire generation of British architects.
(8) All Saints, Margaret Street , available on http://en.wikipedia.org/wiki/All_Saints, _Margaret_Street, accessed on 6th May 2015, on 07:58 AM
(9) ) English Church Architecture- City of Westminister: London Borough. All Saints, Margaret Street (TQ 292 815) available on http://www.english-church-architecture.net/london – city of westminster/all saints, margaret street/all_saints, _margaret_street.htm, accessed on 6th May 2015, on 08:20 am.
3.2 Building Interior
Figure 5: All Saints Margaret Street’s interior, available on http://www.londonarchitectureblog.com/search?q=all saints margaret street , accessed on 6th May 2015 10:30AM
All Saints, Margaret Street also very famous for its beautiful interior design and decoration. The interior of All Saints is more brightly coloured than the exterior of the church. The church’s interior is richly decorated with granite, marble, alabaster and tiles. Nikolaus Pevsner, the architectural historian had telling the church’s interior as ’dazzling, through in an eminently High Victorian ostentatiousness or obtrusiveness. …No part the wall is left undecorated. From everywhere the praise of the Lord is drummed into you.
Figure 6:Church’s layout plan of the church from the 1856 Builder, available on http://www.victorianweb.org/art/architecture/butterfield/6.html, accessed on 6th May 2015, 11:05AM
A three-bay nave and two-bay chancel running along the center had formed in the building. On the North side, from the west to east that’s a three-bay aisle, a short Lady Chapel and organ chamber that’s terminate about half a bay short of the East. At the south that’s a two-bay aisle alongside the two eastern bays of the nave, leading into another chapel with vestry far to the east, and into a baptistery surmounted by the tower and spire to the west side and there is also a small S. porch. The baptistery is divided by a solid wall that’s from the westernmost bay of the nave, no scared about the structural necessity because the wall can support the weight of the tower above(10). That’s a series of painting on decorated wall covered at the east wall of the chanel that’s painted by Ninian Comper in 1909 and William Dyce was the people who work as the restoration at the earlier time. At the north side wall a large ceramic tile freized had been decorated at there and designed by William Butterfield. The wall describe out a variety of figures from the Old Testament, a central Navity scene depictions of Early Church Fatherd and it painted by Alexander Gibbs and fired by Hengry Poole and Sons in 1873(10).The stained glass windows are limited in the church because of the density of the buildings around All Saints and that are mostly located in the upper part of the building. Alfred Gerente but this designed the original windows but his work was not held in high regard and then replaced. The originally fitted largest west window by Gerente in 1853-1858 was replaced in 1877 by a design by Alexander Gribbs based on the Tree of Jesse window in Wells Cathedral. The clerestory’s glass date from 1853 and Michael O’Connor designed the east window of the south chancel aisle which show Christ in Majesty with ST Edward and St Augustine.
The baptistery in the south-west corner of the church was features an image of the Pelican in her Piety in the ceiling tiles that’s a symbol of the fall and redemption of man(11). The nave arcades are formed by cluster of four major and four minor deeply-cut stiff leaf capitals, supporting two centred arches bearing waves and rolls with fillets. The church’s spandrels are decorated embed b the coloured stone and mastic. The nave roof is characterized above all by the way in which its painted arched support simulate stone. The painted wall tiles was depicting between other tableaus. The chancel arch from the corbel shafts and half arches had cross the aisles between the aisles and chapels. The chancel had vaulted in two quadripartile bays and add of a ridge rib which done by William Butterfield and the wall were painted and gilded shortly as what William Butterfield wished. The Minton floor-tile patterns cover the the All Saints show the ordinary build-up in effect as one passes from east to west. As usual, Butterfield was very attention on his font and pulpit. Maybe the pulpit is a little heavy but the decoration is still very nice. The brown marble shafts with stiff leaf capitals supported the drum and the green narrower shafts surrounded it.(12)
(10) All Saints, Margaret Street , available on http://en.wikipedia.org/wiki/All_Saints, _Margaret_Street, accessed on 6th May 2015, on 09:20 AM.
(11) All Saints, Margaret Street , available on http://en.wikipedia.org/wiki/All_Saints, _Margaret_Street, accessed on 7th May 2015, on 10:05 AM.
(12) ) English Church Architecture- City of Westminister: London Borough. All Saints, Margaret Street (TQ 292 815) available on http://www.english-church-architecture.net/london – city of westminster/all saints, margaret street/all_saints, _margaret_street.htm, accessed on 8th May 2015 on 11:30 AM.
4.0 ARCHITECT, WILLIAM BUTTERFIELD
Figure 7: William Butterfield’s portrait
Source: William Butterfield available on
http://en.wikipedia.org/wiki/William_Butterfield accessed on
8th May 2015, 01:39 PM
William Butterfield, born on 7 September 1814 and dead on 23 February 1900 when he was 85 years old. A British architect influential in the Gothic Revival architecture style in England. Sometime he had been called as the Oxford movement’s most original architect and he also introduced an architectural realism that’s including materials of contrasting textures and colorful patterns clearly expressed. He is also noted for his polychromy that’s the practice of decorating architectural element, sculpture that’s in a variety colour..Conservative estimates he had done 25 architectural projects included churches, school and hospital, 67 drawings are design for the ecclesiastical objects.(13)
William Butterfield was one of the nine children in his family and he live in a seriously non-conformist family but he was a very high church despite his non-conformist family .His father operated a chemist’s shop in The Strand, London(14). He was educated locally until he was 16 years old he started apprenticed to a builder in Pimlico that’s name Thomas Arber. But later William Butterfield later went to study architecture with an architect name EL Blackburn because of the Thomas Barber later went bankrupt. After his study he became an assistant and articled to an architect name Harvey Eginton that’s practicing in Worceseter . In 1840 he moved back to where he belong and launched his own architectural practice at Lincoln’s Inn Fields, London, England. This was the early life of the William Butterfield but his early life did not change his career and his architectural concept in the future.(15) From 1842 William Butterfield associate vigorously with the Cambridge Camden Society and later develop into the Ecclesiological Society. This Society was set up by the students of Cambridge Univesity and they set up this society is for studying Gothic architecture in general and church in particular. They became one of the effect in advocate a return to the Gothic Style of architecture in England. He gave a lot of designs to the Society’s journal that’s The Ecclesiologist at the caught up in the Oxford Movement that’s a serious movement begun by John Keble that’s aim for reinvigorate the English Anglican Church. William Butterfield’s design was in a mediaval Gothic style that’s known as Gothic Revival or Victorian Gothic. Many buildings include his style such as churches, secular buildings that’s schools and colleges(16).
One of his church design was All Saints, Margaret Street, in London that’s a style of building rapidly increasing throughout Britain and to every corner of the Empire in every urban buildings and churches alike. After All Saints, Margaret Street he went to design other churches, but there is one building he will remember all the time that’s Keble College, Oxford University.(17) The college was unanimously of red bricks and emphasize with black and white brick to make creation of chequerboard patterns. The chapel had been called a ‘monument to High Victorian Gothic’ it also called as he masterpiece to the High Victorian Gothic. The best thing for the chapel that’s William Butterfield think was it contains Holman’s painting ‘The Light of The World’. Unfortunately, William Butterfield’s polychrome style like all things in the world of art and architecture.it faded. After year 1875, the public begin to forget his design and he became less in requirement in the public. William Butterfield had put all of himself to his interests beyond architecture and used his hand and knowledge to design the church interior decoration and future. He liked to use the high quality and durable material in all of his design. He was such a quiet man but he got a deeply religious for his conviction. Rigid and austere was his personal priciples and this principle showed on his design. He know how to use the polychrome scheme with a strong massing of shapes and the high steeples. He also used very strong colour but he preferred not to spoiled the colour of the materials provided. He used the marble, alabaster, stone, brick, colour tile and also mosaic that extensively to provide decorative colour for his philosophy(18). The famous buildings William Butterfield had design was Balliol College Chapel, Oxford , St Augustine’s Church in Penarth Glamorgan), Rugby School, Dorchester Abbey.
In year 1884, William Butterfield received an award that’s RIBA Gold Medal. After 6 years in 1900 , he dead in London. He was buried in Tottenham Cemetery, Haringey that’s North side of London. The grave can saw easily from the public path through the cemetery. A blue plaque had simply states “William Butterfield, 1814-1900, Architect lived here” and just simply recognized on it.
Highland Tower Collapse and Ramp Construction
The purpose of this essay is to find out from a field, a building that experienced construction catastrophe, study its short comings and come up with solutions and recommendations of what could be done to ensure the same problem doesn’t happen in the future. The building upon which the research is based in this assignment is called the Highland tower, a building in Selangor Malaysia which collapsed and 48 people died and 12 others were evacuated from the other building. The Highland Towers collapse was an apartment building collapse that occurred on 11 December 1993 in Taman Hillview, Ulu Klang, Selangor, Malaysia. The collapse of Block One of the apartments caused the deaths of 48 people and led to the complete evacuation of the remaining two blocks due to safety concern. It was one of the most tragic building accidents in Malaysian history where residential towers collapsed and killed people. Since then, the government and its subsidiaries sat down in a committee to see a way forward for the construction industry especially construction in hilly areas to minimize casualties.
The event has been widely publicized, when an American tourist in particular because it is captured in the next ten days and taken to the Tower of photos a dramatic sequence, and crazy rescue operations.
Building professionals with the case of several important influence in Malaysia, which will be the focus of this paper, but also lead to tort law in Malaysia interesting development and clarification.
Highland Towers consists of three 12-storey buildings in a steep hill, was later extensively on the terraces in the early 1980s in western base built in stages between 1974 to 1982. Each block is named:
Block1 (built in 1977, the most southern)
Block2 (built in 1979, north-west block 1, slightly elevated than the other two, the closer to the top of the hill)
Block3 (built in 1981, the Northwest block 1, block West 2).
Parking behind the mountain rain collapsed building in the swimming pool located on both sides and the rear between Northwest Northeast parking lot after the landslide caused by the failure of the retaining wall behind the building failed, for 10 days. The tower is home to the affluent middle-class families ; considerable proportion of residents are expatriates . Highland Tower was once notorious early 1980s and 1990s for wealthy people to hide their mistress popular place . The water tower is behind a small stream known as the ” East Creek .” Eastern Creek flows into the tower site tower ” before construction. Later, build a pipeline system to divert flow to bypass the tower in 1991, a new housing development project, called” Wu Antarabangsa Development Project “, located in the tower Peak behind the start . As a result, the mountain has been cleared of trees and other vegetation and land cover, soil erosion exposed land, which will lead to land slides from the construction site of the water diverted into the river to divert the flow of the same East piping systems. eventually, the pipeline system to become over- pressurized water, sand and silt from the Eastern Creek and the construction site. pipe burst at different locations in the mountains, the soil had to absorb excess moisture . December 1993 monsoon rains further worsening the situation .
(Block One of the Highland Towers collapsed)
Role and responsibilities
(I) there is no defense of this contact is a limited one, at least you must ensure that other aspects of the work of others is competent to complete. Defensive architect, he only retained the design and supervision of three apartment buildings, and denied that his range extends to the drainage, earthworks and retaining walls. It was dismissed by that court. The court held that the architect must take into account the building on which is built in the vicinity of the land, and the land itself, the safety assessment of the building, it must be evaluated. [In addition, the court held that as a matter of fact, the architect concerned about the neighborhood and the building itself, when he submitted the layout plan, the authorities because it includes high tower behind the slope terraces and drainage. Therefore, he must ensure that the work carried out although others in a competent and workmanlike manner]
(Ii) there is no difference between the standard care of unqualified doctors
Although the architect in reality just a building draftsman, measure their behavior on the court has the ability to architect a standard that if a person is unqualified, but showed himself to have a skill, he will be judged by the standard a competent and qualified staff.
(C) there is no excuse to say that compulsory employer does not comply with regulations
Finally, the Court seems to have flatly rejected the architect’s excuse that he can not do anything to stop his boss (employers and engineers in obtaining certificates of fitness in three apartment buildings do not fulfill the conditions stipulated by the local authorities in collusion background, instead of terraces and retaining walls to ensure proper design, provide and sufficient to withstand, even though he knew it would affect the building, he was in charge) slope instability – the Court has made clear that, when the law is broken, the architect must report to the authorities – after the architect must ensure that the law, even in the risk of being discharged.
Defense engineer, he only retained the design and supervision of three apartment buildings, Highland Towers compound structures within two retaining walls, and submit plans, drainage, and two and denied his range extends to the drainage, earthworks. It was dismissed by that court. The court found that engineers must take into account the building on which is built in the vicinity of the land, and the land itself, the time to assess the safety of buildings, must be evaluated. He should ensure the stability of the slope behind Highland Towers.
His duties not by a mere belief that they are built on terraced slopes and retaining walls were discharged by an engineer or other consultant. He should ask the professional is qualified, whether he was doing what impact the safety of cascading tower. [Neglect other aspects of engineers – a serious violation of the authorities to take care of his responsibilities to a notification issued by the buyer, and only 10 percent is based on the approved drainage construction]
In summary locations near building professionals need to be considered, as well as the safety assessment of the site itself, especially taking into account the adjacent hillside. Building professionals to participate in a limited range can not hide behind, these are the things that they themselves and their employers, but they may be subject to the duties owed to the scope of their service is not limited to this. Building professionals required to ensure that others do the work to engage them in the design may affect / supervisory structure is competent, workmanlike manner to carry out the work. If you think the general building professionals have expertise in a specific area of â€‹â€‹eligibility when they are unqualified, their behavior will be a measure of this expertise qualified doctor. After building professionals must ensure that law and, if necessary to report to the authorities if their clients break the law, even in danger by their client to be discharged.
Case application on law of tort
The Highland Towers decision becomes another Malaysian High Court decision which diverges from the approach of the English Courts and adopts the approach taken by other Commonwealth jurisdictions in allowing the recovery of “pure economic loss”, especially where sufficient proximity can be demonstrated between the negligent act and the loss. Pure economic loss is the loss related to the product itself which is defective by reason of negligence, as opposed to the loss or damage caused to the property of the Plaintiff by this defective product.
In this cause of action, a Defendant is liable if the Plaintiff can show the Defendant is responsible for a condition or activity which interferes with use or enjoyment of his land, and that condition or activity is not a reasonable user by the Defendant. The Highland Towers decision, requiring the plaintiff must establish an additional requirement that is the type of damage whether the defendant could reasonably foreseeable, the principles adopted from English case law on the extension of the disturbance is limited in Malaysia, Cambridge Water Company leather Co. Ltd. v. Eastern European countries.
Cause of structural failure
The water tower is behind a small stream known as the ” East Creek .” Eastern Creek flows into the tower site tower ” before construction, so the establishment of the pipeline system is to divert the flow to bypass the tower.
In 1991, a new housing development project, called ‘Bukit Antarabangsa Development Project’, located in the tower under construction behind the top of the hill . The mountain is cleared of trees and other vegetation and land cover, land exposed soil erosion is a major factor causing landslides.
Construction site of the new water diverted into the existing pipeline systems used to transfer the East river flows. This heavy-duty piping and water, sand and silt from the river and east into the pipeline construction site . Pipes burst, several places in the mountains, and the surrounding soil to absorb excess moisture . December 1993 monsoon rains further deterioration of the situation .
The water content in the soil becomes super saturated, so that the soil has become viscous, actually become the degree of clay. October 1992 by the hillside is saturated with water, the water is flowing down the slopes and considered retaining walls .
Shortly thereafter, landslides, destroying the construction of a retaining wall. Landslide mud that contains an estimated one hundred thousand square meters – a mass equivalent to 200 Boeing 747 aircraft. Rammed earth base to first, gradually pushing it forward. After a month of this constant pressure, foundations snapped and November 1993, the residents began to see cracks forming and expanding the highlands surrounding the tower, on the road warning of collapse. Unfortunately, no further investigation before a collapse December 11, 1993.
Safety authorities and Investigation procedures.
These were the findings of the investigation that came from the accident. Also indicating who was to blame for the occurrence of the accident. Within the first 24 hours, only two women and an infant were pulled out of the rubble. Indonesian maid Umi Rashidah Khoruman, 22, and her 18-month old daughter Nur Hamidah Najib, survived the ordeal, but the second woman, Japanese national Shizue Nakajima, 50, succumbed to her injuries. Final report from the investigations showed that It was the fault of the property owners not to drain the land that caused the silt to build and thus the massive land slide that led to the collapse of the structure that claimed 48 lives.
The following are the court ‘s findings of liability :
The first defendant was negligent in assuming responsibility not to engage a qualified architect, building terraces insufficient, inadequate, could reasonably be expected to have caused the collapse of the retaining walls and drains eastward diversion from its natural course and failed to ensure that the slope is adequate water pipe culverts, and hate not maintained drains and retaining walls .
The second defendant ( the architect ) is assumed liability for negligence does not ensure adequate drainage and retaining walls built in the adjacent highlands tower site, which he foresaw or should have foreseen that the building would endanger the hillside, he is responsible for, not specified with the authorities on drainage, and the first defendant and the third defendant ( engineers ) collude to get fitness certificate does not fulfill the conditions by the fourth defendant ( local authorities ) are required, in doing so does not comply with his duties, the architect and no investigation retaining walls, even though he knew they would affect the terraced hillsides and construction of buildings, he was responsible for, and hate, because he is an unreasonable land users .
The third defendant ( engineer ) is behind the negligence of responsibility without considering the hillside or slope of the tower, there is no basis for the design and construction to accommodate lateral load or alternatively landslide has ensured that the adjacent slope stability, without implementation of the approved drainage plan, and the first and second defendants colluded to get fitness certificate does not fulfill the conditions stipulated by the fourth defendant and a nuisance, because he is irrational use of land.
The fourth defendant ( local authorities ) Although the negligence of its construction-related jobs. That is about the building plan approval process to ensure the implementation of the approved construction of drainage systems, and in the Certificate of Fitness problem remains because S95 Street, Drainage and Building Act (2 ) immunity.
The fourth defendant, but a maintenance function Eastern stream late in fulfilling its construction can not be spared for its negligence . It also attracted a nuisance liability .
The fifth defendant ( Arab – Malaysian financial BHD) is liable for the negligence of failure to maintain drains their land, and in the land after the collapse of the measures taken to restore stability .
Seventh defendant (Metrolux property ) and its project manager, the eighth defendant, who is the responsibility of negligence and nuisance, to prevent water from flowing into the downhill ( into their website ), but to guide the stream of water into the East, when they knew or ought to have known, this will increase the amount of water injected into the mud and, in particular, have their own extensive land clearing, go east into the stream, it will be deposited, which will in turn ( to prove ) cause or contribute to drainage fault system and a collapse.
The ninth and tenth defendant ( basically the state government ), found no liability due to a technical problem on the prosecution of a particular political party.
The sixth defendant ( who carried out the work site clean- Arab – abortion buyer of land in Malaysia ) found no evidence of responsibility .
About remedies the first this is find a qualified contractors and qualified Designer and construction engineer. In this case causes of building collapse the main reason is to find designer contractor caused by the irrational. So we summary have five points:
(i) Nearby locations building professionals need to be considered, as well as the safety assessment of the site itself, especially taking into account the adjacent hillside.
(Ii) building professionals to participate in a limited range can not hide behind, these are things that they themselves and their employers, but they may be subject to the duties owed to the scope of their service is not limited to this.
(Iii) building professionals required to ensure that others do the work may be engaged to supervise their influence in the design / construction is competent, will carry out their work, a workmanlike manner.
(Iv) if the building professionals think they have expertise in specific areas when they are unqualified, their behavior will be a measure of this general qualifications expertise qualified doctor.
(V) construction professionals must ensure that the law after a report to the authorities if necessary, if their clients break the law, even in danger by their client to be discharged.
The second thing to do is to ensure that the experience and expertise to this project.
Next to it is to ensure that all materials and components to be installed and used in order to test its functionality and satisfactory compliance with the required standards. For example; specific laboratory tests should be taken before using compressive strength, stability and durability.
Finally, before any part of the project is complete, responsible for the approval before its next regulatory bodies should be. The project is a model for all the items necessary tests, carried out before the actual implementation. Engineers can also use the cause of the weather and other aspects of the model.
The third thing is because this situation has occurred for many years, although the court has not yet made the decision, but still want to remind contractors, who together oversee project quality, and how to resolve some of the risk around. Do not let the tragedy happen again.
Percentage Frequency of Causes of Building Collapse(Malaysia 1960-2010)
Investigated causes of building collapse
Due to surrounding building development
So in this table we can see Causes of Building Collapse most reason is Inexperience contractor. Now we need clean know find an experienced contractor is very important,
faulty design and due to surrounding building development also account for a large proportion.
From the above analysis and discussion presented, you can infer that the main reason for the building’s structural failures, design errors and poor workmanship, which may also be applicable to other countries in the world .
Also from the results of this study,it is believed that there are three types of claims, can produce any buildings collapsed, that contract claims, tort claims and incidents of both contract and tort claims ; This means that a party can be made in this both his / her request. Therefore, the following recommendations for who had suffered losses in the square building collapse
Events so that their requirements:
(i) The Government shall endeavor to assist in the investigation of any incidence of building collapse, to allow victims to know the responsible party, and from whom to make a claim .
(ii) The Government should assist owners or who have suffered the loss of a building collapse in the event a third party to prosecute their cases in court as they do their other requirements, if they can not, because
The expensive nature of the proceedings.
(iii) The Government should enact laws that will improve the effectiveness and standards for the construction of buildings.
(iv) In addition, the government should monitor, manage and enforce the law, its effectiveness.
(v) Every building owner should ensure that qualified professionals and experienced contractors are engaged in carrying out their construction process .
(vi) Every professional body should monitor their members and also be ready to penalize any erring member who ISS found liable in building collapse incident.
Ramp construction led to landslides – like we definitely hear a lot of news, and landslides claimed more and more of life events, why is everywhere and felling of trees for the construction of the activities. Otherwise, this tragedy 21 years ago can be avoided! I hope the Government will seriously look at this issue!