BEM PCE Part A Common Paper Cheat Sheet

Laws Governing the Engineering Profession

Not published of exam
Registration and corporate control Discipline and CPD REA 1967 Registration Tiers ECP Ownership & Structure

Responsibility to Society and the Public

Not published of exam
Legal Sources and Courts Civil Wrongs and Design Liability Limitation: Peninsular Malaysia Civil and criminal responsibility

Professionalism

Not published of exam
BEM Code & Circulars Current takeover and signing rules Completion certification duties Multidisciplinary responsibility

Relevant Laws

Not published of exam
Risk assessment and safe work Building and stage certification Environmental and levy obligations Conditional statutory thresholds

Construction Contract Law

Not published of exam
Contract Forms, EOT & LAD CIPAA 2012 Adjudication Variation and delay analysis Completion and outstanding obligations

Consultant Project-Stage Duties

Not published of exam
Six Stages: Consultant Deliverables Project Stage Decision Picker Tender authority and evaluation Handover and defects responsibilities

Management of Engineering Consultancy Practice

Not published of exam
Governance, IP and Employment Consultancy Scope and Project Controls Written appointment and fees Professional indemnity conditions

Quick Facts

Exam BEM PCE Part A Common Paper
Owner Board of Engineers Malaysia
Paper 1 40 questions; 105 minutes
Essay writing Three of five; 120 minutes
Essay reading Additional 15 minutes
Pass 50% each paper; same sitting
Format Open-book objective and essay
Entry BEM-registered Professional Engineer
Partial pass Seven years to clear remaining part
New application RM1,000 exam + RM100 processing

PE and PEPC Submission Authority EN

PE

Professional registration
Section 8A specific submission exception
Not general PEPC submission authority

PEPC

Practising certificate registration
General section 8 submission route
Branch and legal limits remain
Apply authority and exceptions together

REA 1967 Registration Tiers EN

Section 10(1) Graduate Recognised qualification; BEM registration
Regulation 22 Experience Three years: two general, one professional
Malaysian Experience Normally one year; Board exceptions apply
Section 10(2) PE Assessment or other recognised pathway
Section 10D PEPC Practising registration; PCE prerequisite
Former Section 10A Deleted in 2015
Section 8A Exception PE product submissions; statutory conditions apply

ECP Ownership & Structure EN

Sole Proprietorship ECP Proprietor must hold PEPC
Partnership ECP Every partner must hold PEPC
Section 7A Corporate Equity Former 70% requirement deleted
Section 7A Capital At least RM50,000 paid-up
Section 7A Directors At least two-thirds PEPC
Section 7B Capital At least RM150,000 paid-up
Section 7B Equity 60% professionals; at least 10% PEPC
Engineering Decisions Authorised PEPC director controls daily decisions

Disciplinary & CPD Rules EN

Section 15(1A) Warning Written warning or reprimand
Section 15(1A) Fine Maximum RM50,000
Section 15(1A) Suspension Maximum two years
Section 15(1A) Cancellation Registration may be cancelled
Section 19 Appeal Within 21 days of notification
PEPC CPD Average 50 hours; three rolling years

Skill and Care versus Promised Result PU

Reasonable Skill and Care

Assess professional conduct
Competence, investigation and diligence
BEM Form 1999 clause 5.1

Express Fitness for Purpose

Assess the agreed result obligation
Read exact purpose and risk allocation
Care alone may not discharge promise
Do not treat obligations as interchangeable

Legal Responsibility Decision Picker PU

Neighbour alleges negligent engineering damage → Analyse duty, breach, causation and loss ( No contract is not decisive )
Client demands guaranteed design performance → Review express result obligation before accepting ( Care alone may not satisfy promise )
Defect discovered years after completion → Identify accrual, knowledge and applicable statute ( Avoid universal completion-date clock )
Older regulation contradicts effective amendment → Apply current provision within its jurisdiction ( Syllabus date does not freeze law )

Legal Sources and Courts PU

Federal Constitution Supreme law; legislation must conform
Written Law Constitution, legislation and subsidiary legislation
Common Law Judicial principles within Malaysian legal framework
Public Law State powers and public duties
Private Law Rights between persons, including companies
Civil Claim Remedy for legally established wrong
Criminal Case Prosecution for an alleged offence
Subordinate Courts Magistrates’ and Sessions Courts
Superior Courts High Courts; Appeal Court; Federal Court
Two High Courts Malaya; Sabah/Sarawak; coordinate status
Forum Selection Territory, subject, value and appeal rules

Civil Wrongs and Design Liability PU

Negligence Duty, breach, causation and recoverable damage
Negligent Misstatement Careless advice; duty/reliance conditions matter
Private Nuisance Unreasonable interference with land enjoyment
Defamation Reputation-harming publication; elements/defences still matter
Contract and Tort Different duties may coexist
Reasonable Skill and Care Professional conduct standard; not guaranteed outcome
Express Fitness for Purpose Agreed result may impose stricter obligation
Code Compliance Relevant evidence; not automatic liability immunity

Limitation: Peninsular Malaysia PU

Section 6 General Rule Six years from cause-of-action accrual
Section 6A Claim Type Negligence damages without personal injury
Section 6A Knowledge Route Three years; later-expiry condition applies
Section 6A Longstop 15 years from cause-of-action accrual
Completion Date Not universally cause-of-action accrual
Special Rules Check other statutes and applicable extensions
Sabah and Sarawak Separate limitation regimes; verify applicable law

Consultancy Takeover & Signing Picker PR

Taking over another engineer’s appointment → Establish a Regulation 31 route ( Current amendment: November 2025 )
First engineer consents → Record consent and responsibility boundaries ( One permitted route )
Appointment formally terminated; fees confirmed paid → Document termination and confirmation ( Another permitted route )
Fees disputed after termination → Client may request BEM stakeholder ( Not automatic clearance )
No established consent/termination route → Seek BEM approval ( Third permitted route )
Dangerous judgment overridden → Notify client/employer and appropriate authority ( Circular 001 )
Completion certification requested → Verify supervision control and compliance ( Both required )
Combined multidisciplinary submission → Qualified PEPC signs each technical segment ( Coordination is not specialist competence )

BEM Code & Circulars PR

Regulation 24 Public safety, health and interest paramount
Competence and Control Sign within competence; direct/control preparation
Completion Certification Supervision control plus design compliance
Regulation 32 Specified business interests require BEM approval
Regulation 33 Disclose relevant financial interests in writing
Regulation 31 Consent, terminated-and-paid, or BEM approval
Safety Judgment Overruled Notify client/employer and appropriate authority

HIRARC Action Chain LO

Identify → Assess → Control → Review
Identify hazards Assess affected people Implement effective controls Review changed conditions

CCC and Legacy CFO LO

CCC

PSP issues Form F
Applicable stage certifications required
Council enforcement powers remain

Legacy CFO

Local authority issued certificate
Different applicable approval regime
Check project and state transition
Professional certification retains statutory oversight

Site Statutory Compliance Picker LO

Construction contract exceeds RM20 million → Appoint required competent SHO ( Prescribed construction workplace )
Outside SHO classes; five employees → Appoint employee OSH Coordinator ( Appointed SHO satisfies this duty )
40 employees or DG direction → Establish safety committee ( Distinct from SHO appointment )
Leviable contract above RM500,000 → Apply 0.125% to total value ( Check exemptions separately )
Section 85A inspection notice served → Appoint engineer; meet notice deadline ( Buildings and qualifying slopes )
Prescribed EIA activity identified → Obtain approval before carrying out ( Apply approval conditions )

OSHA 1994 & 2022 Amendments LO

Section 15 Duty Employee protection, so far as practicable
Section 19 Maximum Penalty RM500,000; two years; or both
Section 18B Assess risks and implement required controls
SHO Construction Trigger Contract exceeds RM20 million
Section 29A Coordinator Five employees; outside prescribed SHO classes
Section 30 Committee 40 employees or Director General direction
Section 26A Withdrawal Notify employer; danger remains without action

CCC Evidence Chain LO

Inspect → Verify → Certify → Deposit
Applicable G stages G8 passive; G9 active fire Do not fabricate inapplicable stages Deposit Form F within 14 days

PSP and Discipline Submitting Person LO

PSP

Coordinates building compliance
Collects applicable stage certifications
Issues CCC when requirements satisfied

Discipline SP

Submits particular discipline plans
Supervises responsible discipline works
Certifies applicable completed stages
Coordination differs from discipline responsibility

SDBA 1974 & UBBL CCC LO

Principal Submitting Person Coordinates completion; issues Form F
Discipline Submitting Person Responsible for particular plans/stage certifications
Forms F and F1 Full and partial CCC
Inapplicable Form G Proper declaration; never fabricate certification
Section 70(27) Maximum RM250,000; ten years; or both
Section 70A Earthworks Plans and approval before starting
Section 85A Buildings Over five storeys; notice-driven inspections
Section 85A Slopes Over 25° and over 10m
Form F Deposit Within 14 days after issuance

First and Second EIA Schedules LO

First Schedule

Prescribed activity requires EIA
No equivalent mandatory public-display process
Executive-summary access is separate

Second Schedule

Prescribed activity requires EIA
Public display and comment required
Observe activity and jurisdiction conditions
Disclosure access differs from consultation procedure

Environmental and Levy Duties LO

Section 34A EIA Prescribed activity: approval before implementation
Second Schedule EIA Public display and comment required
Environmental Management Plan Responsibilities, controls, monitoring and maintenance
Erosion/Sediment Control Plan Stabilisation, drainage and sediment retention
CIDB Levy 0.125% total value; above RM500,000
Levy Exemptions Assess applicable exemption separately
Forms G8 and G9 Passive and active fire protection

CIPAA Clock Anchors CO

Response 10; claim 10; response 10; reply 5
All these are working days Decision: later response/reply +45 No response: response expiry +45 Further agreed time may apply

PWD 203 and PWD 203A CO

PWD 203

Drawings and specifications form
S.O. administers contract
Read executed revision and addenda

PWD 203A

Bills of quantities form
S.O. administers contract
Measure and value under governing clauses
Select the actual contract’s valuation rules

Construction Contract & CIPAA Picker CO

Employer-caused delay alleged → Analyse EOT clause and critical impact ( No automatic money entitlement )
Authorised variation changes work → Measure and apply contractual valuation rules ( Keep contemporaneous records )
Performance bond demand proposed → Check instrument conditions and expiry ( Not every bond is unconditional )
Adjudicated amount remains unpaid → Serve statutory suspension notice ( Wait 14 calendar days )
Direct principal payment requested → Check money due from principal ( Section 30 conditions )

Contract Forms, EOT & LAD CO

LOI or LOA Read obligations; label alone insufficient
PWD 203 Drawings and specifications form
PWD 203A Bills of quantities form
EOT Entitlement Qualifying delay; notices and evidence
Section 75 LAD Reasonable compensation; stipulated sum ceiling
Performance Bond Read demand conditions and expiry
Practical Completion Does not erase outstanding obligations

CIPAA 2012 Adjudication CO

Section 3 Exclusion Natural person; <4 storeys; own occupation
Section 35 Third-party/funding-dependent payment terms void
Payment Response 10 working days after claim receipt
Adjudication Claim 10 working days after acceptance receipt
Adjudication Response 10 working days after claim receipt
Adjudication Reply Five working days after response receipt
Decision Clock 45 working days; later response/reply
No Adjudication Response Decision clock starts at response expiry
Section 29 Suspension 14 calendar days after written notice

Six Syllabus Project Stages PR

Preliminary; Design-I; Design-II; Tender; Construction; Post-construction
Feasibility and preliminary Two design stages Tender and construction Post-construction responsibilities

Project Stage Decision Picker PR

Site data insufficient for selecting scheme → Advise investigations and compare feasible options ( Feasibility/preliminary )
Client selected proposal; interfaces unresolved → Coordinate scheme, criteria and typical calculations ( Design I )
Scheme approved; pricing documents needed → Complete detailed calculations, specifications and drawings ( Design II )
Offers received; award decision pending → Evaluate tenderers and advise client ( Tender; written instruction before acceptance )
Contractor proposes work or seeks certification → Inspect evidence; instruct/certify within appointment ( Construction )
Works handed over; defects remain → Track rectification and final-certification obligations ( Post-construction; deliver required operating records )

Six Stages: Consultant Deliverables PR

Feasibility/Preliminary Investigate constraints; advise options and viability
Design I Develop coordinated scheme and design basis
Design II Detail calculations, drawings, specifications and submissions
Tender Evaluate suitability and offers; advise client
Construction Inspect, instruct and certify within authority
Post-construction Records, defects and final-certification duties
BEM Form 5.7 Written client instruction before tender acceptance
BEM Form 8.7 Site visits differ from continuous supervision
BEM Form 2.7 Engagement normally continues through final-retention certificate
Stage Boundaries Follow appointment and applicable work type

Total and Free Float CO

Total Float

Delay without moving project finish
Equals LS minus ES
Under stated CPM assumptions

Free Float

Delay without moving successor’s early start
Minimum successor ES minus EF
For zero-lag finish-to-start relationships
Project finish differs from successor start

Project Control & Economy Picker CO

Unconstrained CPM activity has zero float → Monitor critical-path completion impact ( Multiple critical paths may exist )
CPI below one → Investigate cost inefficiency ( AC exceeds EV )
SPI below one → Investigate earned-value schedule shortfall ( Not days late )
Comparing mutually exclusive alternatives → Compare NPV on consistent basis ( Respect budget and other constraints )
Alternatives have lifecycle costs → Include operations, replacements and disposal ( Common analysis period )

Consultancy Scope and Project Controls CO

Fee and Reimbursable Scope Agreement plus applicable BEM fee framework
Written Appointment Define scope, responsibilities and fees
CPM Total Float LS − ES; assess network assumptions
CPM Free Float Successor ES − current EF; zero-lag
CPI Earned value ÷ actual cost
SPI Earned value ÷ planned value
NPV Comparison Same horizon, discount basis and constraints
Claims-Made Insurance Check retroactive date and notification terms

Governance, IP and Employment CO

Directors: Companies Act 213 Proper purpose, good faith and diligence
Conflicted Transaction Disclose; follow applicable approval/participation rules
Company Records Document informed decisions and supporting evidence
BEM Form Copyright Consultant retains; client receives project licence
Reuse on Another Project Obtain required written approval and terms
Infringement Exposure Civil remedies; specified offences criminally punishable
Employment Act Territory Peninsular Malaysia and Labuan
Employment Act Coverage Contract-of-service employees; specific benefit exceptions
Above RM4,000 Wages Check occupational exceptions before excluding overtime
Minimum Employment Terms Less-favourable contractual terms cannot displace statute
Sabah/Sarawak Employment Apply respective labour ordinances

Common Traps

Registration and Practising Authority

PE registration ≠ PEPC practising registration

Equity and Professional Control

Corporate share ownership ≠ Qualified director decision control

Paper and Part Pass

One paper passed ≠ Both papers of a part passed

Response Silence and Admission

Deemed dispute of entire claim ≠ Admission of payment liability

Hardship and Frustration

More expensive performance ≠ Supervening impossibility or illegality

Time Relief and Compensation

Extension of completion date ≠ Entitlement to additional payment

Contract Security

Performance bond instrument ≠ Contractual retention money

Separate Appeal Procedures

PCE examination result appeal ≠ Section 19 disciplinary appeal

Licence Scope and File Possession

Possessing a drawing file ≠ Permission for another-project reuse

Completion and Legal Time Limits

Practical completion date ≠ Cause-of-action accrual or statutory knowledge

Last Minute

1. Objective: 40 questions; 105 minutes
2. Essays: three answers; 120 minutes
3. Essay reading: additional 15 minutes
4. Both papers need 50% same sitting
5. Partial part pass: seven years
6. First sitting includes Parts A/B
7. Section 7A: no former 70% equity
8. Section 7B: 60% professionals; 10% PEPC
9. Discipline appeal: 21 days after notification
10. Takeover: apply amended Regulation 31
11. Coordinator threshold includes SHO-class condition
12. Withdrawal: notify; employer fails to act
13. CIDB levy applies to total value
14. CIPAA suspension notice: 14 calendar days
15. PCE appeal: two weeks after results-receipt
16. PCE appeal payment: RM400
17. Care standard differs from result promise
18. Six stages: identify actual consultant deliverables
19. Labour rules: jurisdiction and benefit exceptions

BEM Professional Competency Examination (PCE) Part A - Common Paper (Malaysia)

Practice Questions 144 questions Cheat Sheet 122 facts Flashcards 50 cards Games 20 terms Podcast
Word games 20 terms Guess the Term T E R M S Read the clue and guess the term in 6 tries. Word games 20 terms Term Match Swap tiles to line up three of the same term. Word games 20 terms Term Pairs ? ✓ ✓ ? ? Flip two cards at a time to find matching terms. Word games 20 terms Term Search Q T E R M X Find five hidden terms in a grid of letters.

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