From a laborer to a contractor

(a) Weeding

　1958 in School holiday, I went to a palm estate to work as laborer. Four of us (my school mate Lim and two others) cycled from our village to Mingkibol estate in the early morning. Our main contractor was a fatty Chinese man, who signed agreement with the European estate manager; we entered sub-contract agreement with him for clearing weed around each palm tree for 10 cents. We worked from 8am to 5pm. It was a tough job. In spite of my effort, every day I could earn about one dollar fifty cent. The second day, two boys did not turn up; the 3rd day Lim surrendered. I was the only one to continue. Hard work gave blisters on my palms, I did not give up.

　The fourth day, it was a hot day; at 3 pm, I was tired, exhausted, at the end of my strength. I sat down at a shed, sweat streaming down from my head. After a few minutes nap, a Chinese old man ran to me, his eyes were petrified and he said "get up! The manger is coming to check our work."

　An English tall man, wearing pistol, with a huge dog walked by his side; he holding a stick reached my site. He walked around and roared: "You have to clear the weed, the grasses with roofs." He paused for a few second, glimpsed at me, he inspected and counted and he announced:"among the 20 tree, 5 trees accept, the rest you have re-do; otherwise, no pay. You have to stop work, understand?"

　I nodded my head with a shudder. The manager left, the Chinese old man returned and he consoled me. I greeted my teeth, used all my efforts and strength; I managed to clear all grasses roofs. I cycled back home with the setting sun in the misty sky.

　After working months, the contractor estimated my work, I had entitled 135 dollars; but the contractor has no money to pay, after six months, he delivered the money to my village.

(b) Bar-bender

　In 1963, I studied in Nanyang University. I had no money to pay my university fee, I went to work as a bar-bender in a construction site of a high rise building in Singapore during holiday. Starting, I was ordered to shift steel bar with Mr. Ng from storage yard to bending site. Only two of us to handle the tough job; as we were fresh and obedient. The foreman was a Chinese man, medium age, he could read working drawings.

　Some time we were instructed to bend bar, especially the 25mm and above big bar. The foreman stood in front, 4 laborers at the back. "1,2,3, bend!", he shouted without using strength; bend, bend, bend, at the end of our strength. Laborer was paid 5 dollars per working day.

(c) Site clerk

　In 1970, I was a site clerk of a famous construction firm. I was attached to a piling work site at Pahang Road Kuala Lumpur. Piling work must be handled by experienced workers; an old pile frame was moving at work site by roller. The site was muddy and slippery. Lifting a two-ton RC pile by old pile frame was not an easy job. Pitching and driving the pile without deviation by luck. If a rock under ground the pile deviated, the consultant's technician got in panic and shouted: "stop, stop! The pile out of position more than one inches." Every time I heard the technician complained, I tried my very best to convince the piling workers to adjust it in the right position. Sometime the pile frame operator lost his temper, when I leaned down to check the deviation of the half-driven pile, the pile frame operator suddenly released the drop hammer and I would be stunned, death and life within a second.

　Besides pleasing the workers, I had to please the technician. One day the technician was very angry and shouted to me:"the welding of the steel connector is not even, you must instruct your welder to weld it evenly and smoothly without gap and porosity!". I conveyed his order to the welder; the welder jumped up and glimpsed at me with piercing eyes and lolling tongue and he uttered: "weld your father's; I am going to stop work! You and the bastard can sleep at the site."

　They packed and went off. I was so worried that after stopping of work, I would be retrenched by my boss. I pulled out my leg from the stuck, I walked to the technician and I invited him for a cup of tea to cool him down. I wrinkled my brow and murmured:"look, five fingers are not the same length and size; should we insist everything to be perfect? You are too strict."

　"you are rotten wood, your filthy son of bitch; you can't control your workers, you can't manage the site." He looked at me without flickering his eyes lids.

　"you merely use eyes to see, mouth to criticize; do you understand our dreadful flight?" I looked at him without seeing him, I groaned.

　"shut your trap right now! You're dumb, rather than open your mouth; be not too bold with your betters. I have been site supervisor more than 10 year. You fresh, you must learn from me; how dare you try to teach me?" he shouted and looked at me with piercing eyes.

　I groaned and begged him to come back with my withered lips but he walked away without drinking my tea.

　I was ordered to leave the site by his consultant. But my boss Mr. Ho did not blame me, he transferred me to another site. It was my dreary day in my construction life.

(d) A contractor

　In 1974, I was a sub-contractor, I had completed several projects and made some money; the main contractor released part of my claim and withheld more than half of my profit. In order not to stuck deeper, I pulled out as a sub-contractor.

　With attempt, efforts, I secured a government license to become a qualified main contractor. I tendered JKR building and school, PKNS housing scheme and JPN low cost house etc.

　In 1980 government contract divided into two section, 'bumiputra' and 'non-bumiputra' (closed and open tender). Most of the school project was under world bank loan. World bank insisted the school tender must be open. My company had completed several school projects with competitive price and short construction period. My company was selected to bid a few primary and secondary school. My company had made some money then.

　In 1983, during economic recession; housing industry depression; developers had no money to pay contractors. Contractors fled from developer sites and went in to tender government projects. Usually above 100 tenderers to fight for a tender. How low the price I put in, I might not be the lowest. I casted tender all over Malaysia, but in vain. I had no contract in hand; my company was in debt. At last I tried and went to an isolated palm estate to try our luck. I went to Ceneh in Pahang. Travelling half day, I reached the site (new development site). I got the tender document, filled and casted my tender in stipulated date. Tender opened, my company was the lowest with reasonable price. When I was preparing to sign the contract and commence of work; a letter reached my office, the tender called off(re-tender). After weeks, I went to JKR Pahang to view the tender table document, it marked with 'bumiputra' (closed tender). A groan of distress without tear.

　I pulled out totally from government contract in 1990. I turned to private project and I completed several housing scheme projects. I could survive but without wealth.

　From 1993 on ward my company went for small jobs like bungalow construction, house renovation; I was defeated and I confined myself to handling small job to survive.

(e) Contract disputes

　A variation order in a contract, always sparked off the disputes between owner and contractor.

　A conspiratorial owner named Fookdot, tall built, walking like kicking. Fookdot awarded a contract to me in the beginning of 2016 with low price to construct his bungalow in Seremban. In order to cut down his cost of construction, he negotiated all the PC item with many suppliers and fitters before he confirmed his order. I was selected for the building works because my price was competitive with a short construction period.

　I started and proceeded the structure works as per drawing with out any variation(change); he paid me promptly, my work was smooth; our relationship as good as brother. Once the building reached the finishing stage; he added, changed material and quantity: one no stainless-steel tank changed to two,100 no of light point, increased to 200 no, PVC pipe varied to be copper, one decorative roof added another two; windows from big to small, door from small to big. Kitchen from one to three etc.

　I made appointment with Fookdot, once the statement for variation claim was prepared. One afternoon I waited at site, Fookdot arrived with smile. I pulled a chair for him. I submitted my claim for him and said humbly:"This is the statement of variation order for your kind attention." He took it and had a glimpse, within seconds, his face like grimace; he dropped the statement on the table and dashed out from site without saying a word. Two weeks he had never called, texted or responded to my call and email.

　My legs were stuck in the mud. It was dreadful plight of a contractor (a wooden house had changed to golden, we had to build it with same price).

　Tolerance of work is essential in contract. In 2017, I secured a renovation work for a high glass condo. Owner was a European with high standard of living, well-educated; she talked with dreamy smile, her name was Shesmeri. During construction period, her boy friend Mr. Smart assisted her to supervise the works. Smart with may attempts to prove to me and Shesmeri that he was a professional man with all experience of managing construction site and contract document. Whatever comment with reasons I would accept with thanks. And I controlled my temper not to argued with him. But Mr. Smart tried to find

　Bone in the egg. So, I reasoned with him. He used barbarian words and threatening of stop my payment.

　"The gap of the tile must be even without deviation, wall and floor tile, the lining must be 100% straight; do you understand?"

　I kept quiet, without saying a word. When he cooled down, I said:"Tolerance must be given; nothing can be perfect in this world."

　I told him a story of a squash court I constructed in UM in 1972. It was an international matching court. At the finishing stage, a site meeting was called to view, to certify and handing over the building. The UM engineer, architect and UM sport specialists turned up. They viewed from left to right, from low to high. When the engineer took the measurement and he remarked: "The dimension out of 12mm!", he looked at me and continued:"The court cannot be accepted without rectification."

　"Why? Any work must be given tolerance." I argued.

　"This is an international court, must be perfect!" The specialist murmured.

　"Which court having international match in Kuala Lumpur?" I asked.

　"Lake Club." The architect said.

　All of us went to Lake Club; after taking measurement the court out of 35mm.

　"It is an international court, isn't it?" I asked.

　They went back to UM and certified and accepted the court.

　The group of specialists in UM accepted my reasoning, but Mr. Smart turned his deaf hears to me. He so called a specialist, he even not followed the system of work. Some additional works, he directly negotiated with his worker; he employed and paid him directly without my knowledge. He had never imposed the condition of contract. Any variation order or additional work; as a main contractor, I must be informed and allowed profit and attendance fee. But he did not apply, furthermore any dispute between him and his worker, or any defect, he pinpointed me: "The tiling work for master bath is very bad; the floor tile at the terrace contained water.". He yelled to me.

　"Mr. Smart this is not my contract, why should I be responsible?" I argued.

　Shesmeri stood at a corner, quiet.

　"You are main contractor, you must be responsible for all works. Understand?" He talked like a layman.

　"I am main contractor, but I am not authorized and paid as main contractor." I murmured.

　"Shut your trap! You bastard." He walked nearer to me, looked me full and he shouted:"you must rectify all my complaint; and do all works perfectly, otherwise, no pay, you can fuck off!"

　Shesmeri watched calmly without saying a word.

　When I walked out the condo, Shesmeri looked at me with a smile.

　The next day, I reached the condo, Mr. Smart was out of sight.

　"Where is Smart?" I asked in feeble voice.

　"He has been banished to be here by Shesmeri." My electrician said with his eyes gleamed.

　The decision of selecting material must be firm in a contract. Contractor can propose material to be used, but the decision should be made by owner.

　At the end of 2018, 10 days before Christmas. Mr.Datsam a tall black rich man with elegance and wit body and face; he called me to meet him in his house . I reached his big bungalow house in the early morning, he was standing at the terrace looked around and he informed me to sit down and asked:

　"you want a drink?"

　"no thanks "I said.

　But they treated me very well, the servant served a coffee to me with biscuit.

　"You must complete my bungalow renovation before Christmas." He instructed.

　"You have to finalize the selection of floor tile for your porch and driveway in time; otherwise I can't finish the work in due time."

　"Ok, the 1x2 yellow tile for driveway and porch is confirmed. "he said.

　I walked out and took the sample tile to the shop and ordered the tile without delay. We worked day and night, under hot sun or rain; we completed the works before Christmas. Datsam was happy and he invited me to sit in the big hall, a tea was served. He opened his big old bible and briefed me the bible story. I remembered, before he awarded the job to me, he asked me was I a Christian. I said Yes (actually I was half Christian), then he signed and awarded the bungalow house renovation contract to me.

　Three days after Christmas. Heavy rain with strong wind in the evening. Datsam's car porch was full of water, it flowed like river. Datsam walked out from his luxurious car; he walked at the hilly driveway, he nearly fell on the floor. The next day, he ordered me to see him in the morning. I reached there and waited at the gate. He walked out and looked around, then he hammering out:

　"As a contractor you know what tile you should deliver to me for my driveway—it is not a non-slippery tile you laid." He looked at me without seeing me, he paused a while and continued:" you must remove the tile and re-do."

　"It's a non-slippery tile as specified by supplier; not the defect of the tile; due to the sharp drop of your driveway. Furthermore, the tile was selected by you to match the existing yellow tile. He did not listen what I said.

　

　Datsam stopped my payment. I repeated to appeal to him to pay me partly, he refused.

　I handed over my claim to him in his office politely, but he threw my letter of claim on the floor and returned with a glaring eye. I controlled my temper, and I acted like a Christian, walked out without argue. I hoped one day he would have mercy to pay an old and poor contractor without delay. I called him many times and texted him politely to beg for part payment.

　"not a cent; you can sue me!" he replied and threaten me in phone.

　I waited three months. I really needed the money to pay suppliers. I went to his house in one evening.

　"Sit down." he guided me to the table.

　He treated me so good, I sat down, hoped he remembered his god and showed his mercy to me.

　"please give me part payment so that I can my suppliers." I begged and looked at him with a grimmer of hope.

　"not a cent, unless you changed the tile!" Datsam shouted, and threatened me said "I'll see you in court; don't come to my house to disturb me."

　"Are you a Christian? What is justice and righteousness?" I groaned.

　"you want to deal with my lawyer or a gangster?"

　"Are you a Christian or hooligan?" I could not tolerate any more.

　He stood up, looked at me with his piercing eyes, he tried to grasped a chair to beat me. I walked a few stepped backward, stood at a corner for a few minutes.

　I walked away without saying a word.

　Few weeks later, my lawyer served a letter of claim through Cippa law to Datsam; one week later a beautiful lady met me in Datsam's office with the present of the chief clerk who gave me a Christian merciful smile. After half an hour negotiated with the lady, she agreed to pay half of my claim. The case settled without fighting in court.

　A drowning man will catch at a straw.

　Termination of the employment of a contract can be either parties (contractor or employer).

　In 1979, there were shortage of materials in the market; caused shortage of materials due to the boom year of property, stocked up certain materials by suppliers to make fast money; it worsened the situation.

　A developer named B Development awarded a housing project of constructing 145 unit of house in Petaling Jaya. In the middle of 1979. The cost of 1 no clay brick, from 5 cents increased to 9 cents, cement from Rm5.00 to Rm9.00 per bag.

　Furthermore, even we paid cash, we could not get it in quantity. When we begged the supplier, he gave you a small quantity to please us.

　Construction of house, the brick was essential. At site meeting, B developer complained our work slow, we reasoned that the market was shortage of brick. The developer denied the situation. He agreed to supply 100 loads to our site within a month. After one month, The B developer managed to deliver one load. Without brick, the structure works were delayed. The developer was very angry and refused to pay our monthly claim of work done; and intended to terminate the employment of our contract. I told him, if he terminated our employment of contract before construction period expired, or without consideration of the market situation of shortage of materials, it would be wrongly termination, he had to pay damages. We argued fierce fully in the site meeting. The project architect was employed by the developer, he had no choice to follow the developer's instruction for the termination.

　As per Pam contract, arbitration called. Selection of arbitrator took months, fighting in arbitration court took years. Our money withheld.

　It was the plight of a contractor.