PEPC QUESTION 2

Scenario

You are managing a 12-month commercial building project as the Contract Administrator. The contract includes rules for giving extra time (Extensions of Time or EOT) and a penalty clause for finishing late, known as Liquidated and Ascertained Damages (LADs).

Four months into the project, the Employer runs into money trouble and delays handing over part of the site (the West Wing) to the builder for 8 weeks. The contract states that the builder must submit a formal written notice of delay within 28 days to qualify for extra time.

The builder experiences the delay from the late site handover, but completely forgets to submit the formal notice within the 28-day window. Instead, they just talk about it during casual site meetings. Later on, the builder suffers another 6-week delay because their own subcontractor walks off the job.

In total, the project finishes 14 weeks late (8 weeks from the late site access + 6 weeks from the subcontractor problem). Because the builder never formally requested extra time on time, you refuse to grant an extension, declare the builder late, and deduct 14 weeks of financial penalties (LADs).

The builder fights back immediately. They argue that because the Employer caused the initial 8-week delay, and no extra time was given, the completion deadline is now completely canceled or "at large"—meaning the penalty clause is wiped out entirely.

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Questions

A) How does the Employer causing an 8-week delay affect the project deadline, and does the builder missing the strict 28-day notice rule mean time automatically becomes "at large"?

B) What is the exact legal effect on the original project deadline and the Employer's right to charge financial penalties if time is successfully proven to be "at large"?

C) Who is responsible for keeping the project timeline on track in this situation, and how should you, as the Administrator, handle the 6-week delay caused by the builder's own subcontractor?

D) What other legal options does the Employer have to recover money for the late finish if the penalty clause is ruled invalid?

Draft PEPC Examination Answer (Malaysia)

Topic: Extension of Time (EOT), Time at Large and Liquidated Ascertained Damages (LADs)

This answer is prepared based on Malaysian construction law principles, PAM 2018, PWD 203A (Rev.1/2010), CIDB Standard Form, common law principles, and leading authorities relevant to the PEPC Professional Engineering Examination.

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A) Effect of the Employer's 8-week delay and whether failure to submit the 28-day notice automatically makes time "at large"

The Employer's failure to provide possession of part of the site (West Wing) constitutes an Employer Risk Event. Under Malaysian standard forms of contract such as PAM 2018 and PWD 203A, delayed possession of the site is normally a valid ground for an Extension of Time (EOT).

The purpose of an EOT clause is to preserve the original contractual completion mechanism whenever delays occur due to causes beyond the Contractor's control, especially those caused by the Employer.

However, entitlement to an EOT depends upon compliance with the contractual notice provisions. In this scenario, the Contractor failed to submit the required written notice within 28 days and merely discussed the matter informally during site meetings.

Whether this failure bars an EOT depends upon:

• Whether the notice provision is expressed as a strict condition precedent.
• The wording of the contract.
• Whether the Contract Administrator retains independent powers to assess EOT.
• The applicable Malaysian legal principles.

Failure to issue the notice does not automatically make time "at large."

Time becomes at large only if:

• the Employer prevents completion,
• and the contractual mechanism fails to extend time for that Employer-caused delay.

If the contract clearly makes timely notice a condition precedent, the Contractor may lose entitlement to EOT. Nevertheless, Malaysian courts may examine whether the Contract Administrator still possesses an independent obligation to fairly assess EOT despite procedural non-compliance.

Therefore, the failure to submit notice alone does not automatically invalidate the completion date.

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B) Legal effect if time becomes "at large"

If the Contractor successfully establishes that time is "at large," significant legal consequences follow.

(i) Original Completion Date

The original contractual completion date ceases to be enforceable.

Instead, the Contractor is required only to complete the works within a reasonable time, determined according to:

• project complexity;
• size of works;
• extent of Employer-caused delay;
• industry practice;
• surrounding circumstances.

No fixed contractual completion date remains.

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(ii) Effect on Liquidated Ascertained Damages (LADs)

Once time becomes at large:

• the LAD clause can no longer operate because there is no contractual completion date against which delay can be measured.

Accordingly, the Employer loses the contractual right to impose LADs.

However, this does not mean the Contractor escapes liability entirely.

The Employer may still pursue:

• general damages for breach of contract,
• provided actual losses can be proven.

Unlike LADs, general damages require evidence of:

• actual financial loss,
• causation,
• foreseeability,
• mitigation.

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Prevention Principle

This situation is governed by the Prevention Principle.

A party cannot insist upon a contractual completion date where its own conduct has prevented completion unless the contract contains an effective mechanism to extend time.

Leading authority:

Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd [1970]

This principle has been recognised in many Commonwealth jurisdictions and influences Malaysian construction law.

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C) Responsibility for maintaining the project programme and treatment of the Contractor's 6-week delay

The Contractor bears primary responsibility for:

• planning,
• programming,
• supervising subcontractors,
• managing labour,
• coordinating construction activities.

The subcontractor is engaged by the Contractor.

Accordingly:

• the subcontractor's default remains the Contractor's contractual responsibility.

This 6-week delay is therefore a Contractor Risk Event, not an Employer Risk Event.

As Contract Administrator, I would:

Step 1

Separate the two delays:

Employer delay:

• 8 weeks

Contractor delay:

• 6 weeks

These must never be merged automatically.

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Step 2

Assess entitlement to EOT for Employer delay

Determine:

• validity of notice,
• contractual requirements,
• powers under the contract,
• factual evidence,
• critical path impact.

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Step 3

Assess Contractor delay separately

The subcontractor walking off site does not justify EOT.

The Contractor remains liable.

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Step 4

Determine concurrency (if applicable)

If Employer and Contractor delays overlap,

consider principles relating to concurrent delay under the governing contract and applicable authorities.

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Step 5

Issue a reasoned determination

The Contract Administrator must:

• act independently,
• act honestly,
• exercise professional judgment,
• comply with the contract.

Under PAM contracts, the Architect/Contract Administrator must exercise quasi-certification functions fairly and impartially.

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D) Employer's remedies if LADs become unenforceable

If time becomes at large and LADs cannot be imposed, the Employer still possesses several legal remedies.

(1) General Damages

The Employer may claim damages for breach of contract.

Examples include:

• loss of rental income;
• additional financing costs;
• consultant prolongation costs;
• operational losses;
• additional supervision costs.

These losses must be proven.

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(2) Set-off

Where permitted by the contract, the Employer may exercise contractual or equitable set-off against monies due.

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(3) Performance Bond

If contractual conditions permit, the Employer may call upon the Performance Bond.

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(4) Retention Sum

The Employer may continue withholding retention in accordance with the contract.

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(5) Termination

If delays become fundamental or amount to repudiatory breach, termination rights under the contract may arise.

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(6) Professional Negligence Claims

Where delay resulted from consultants' negligence, separate claims against consultants may be available.

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Relevant Malaysian Legal Authorities

A high-quality PEPC answer should refer to:

• PAM Contract 2018
• PWD Form 203A (Rev.1/2010)
• CIDB Standard Form of Contract
• Contracts Act 1950
• Construction Industry Payment and Adjudication Act 2012 (CIPAA) (where relevant to payment disputes)

Important cases:

• Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd [1970] – Prevention Principle and Time at Large.
• Gaymark Investments Pty Ltd v Walter Construction Group Ltd (1999) – Effect of strict notice provisions leading to Time at Large.
• Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd [2007] – Notice provisions and prevention principle.
• Cubic Electronics Sdn Bhd v Mars Telecommunications Sdn Bhd [2018] 2 MLJ 417 (Federal Court) – Enforceability of liquidated damages under Malaysian law and the application of Section 75 of the Contracts Act 1950.
• Selva Kumar Murugiah v Thiagarajah Retnasamy [1995] 1 MLJ 817 – Earlier Malaysian position on proving actual loss under Section 75 (later clarified by Cubic Electronics).

Conclusion

The Employer's 8-week delay is an Employer Risk Event that would ordinarily justify an EOT. However, the Contractor's failure to comply with the contractual 28-day notice requirement does not automatically render time "at large"; the outcome depends on the wording of the contract and whether the EOT mechanism can still operate. If time is ultimately held to be at large, the contractual completion date and LAD mechanism fall away, and the Contractor's obligation becomes one of completing the works within a reasonable time. The Employer cannot recover LADs but may pursue general damages if actual loss is proven. The separate 6-week delay caused by the Contractor's subcontractor remains the Contractor's responsibility and should not attract an EOT. As Contract Administrator, the delays must be assessed independently, impartially, and in accordance with the contract and Malaysian legal principles.

Story 1108 – Building a Small Family

 

"Let's build a small family."

Those were the simple yet meaningful words my wife shared as we began our married life on a palm oil estate deep in the interior of Sabah, along the lower Kinabatangan River, about 90 kilometers from Lahad Datu.

When people speak about my career and whatever success I have achieved, the story would be incomplete without mentioning my wife. She has always been the pillar of our little family.

We first met while serving in the Reserve Officers' Training Unit (ROTU) at the Engineering Campus of Universiti Sains Malaysia (USM). She was pursuing a Bachelor's Degree in Aerospace Engineering and was my junior by two years in ROTU. After several years of getting to know each other and our respective families, we decided to get engaged and eventually married, about a year after I had begun my career in the palm oil industry.

From the very beginning, we were serious about building a family together. Although neither of us had an established career then, and despite our families being separated by the South China Sea, our commitment never wavered. Alhamdulillah, both families gave us their full support.

Above all, my wife has made countless sacrifices since the day we were married. When I chose to build my career in the palm oil industry, she willingly followed me into the remote estates as a full-time homemaker. She set aside her own career opportunities and willingly sacrificed the professional future of an engineering graduate to help us build our small family.

Today, many young people hesitate to get married because of financial uncertainty. Imagine what was going through my mind back then. I was about to marry a Sabahan woman and take responsibility for someone's beloved daughter with a monthly take-home salary of less than RM1,600.

Yet we held firmly to one belief: Allah always opens a way for those who strive sincerely. So we started our family with whatever we had.

The sacrifices my wife has made are too many to list, but a few memories remain deeply engraved in my heart.

When she was eight months pregnant with our first child, I arranged for her to return to her parents' home in Tuaran, Sabah, to give birth. On our journey, the minibus we were travelling in suffered three flat tyres before we finally had to transfer to another bus just to reach Lahad Datu. That same night, we boarded an express bus bound for Tuaran.

I spent the entire day reflecting on our difficult situation. At that moment, I made a promise to myself that I would work harder, stay focused, and never allow my family to endure such hardship again.

Through it all, my wife never complained.

During my fifteen years working in the palm oil estates, we moved from one house to another, from one estate to another, and from one school to another as our children grew up. We moved from Sabah to Sarawak and eventually back to Sabah.

Whenever emergencies arose, she would take our children to the hospital by herself because I was often away in the estate, fulfilling my responsibilities.

She gave birth to, nurtured, educated, and became the closest companion to our five children. Today, our eldest daughter is already in her second year at university. Raising five children almost single-handedly while her husband was frequently away was never an easy task. Yet she has carried that responsibility faithfully for the past twenty years.

If I have been able to dedicate myself wholeheartedly to my career, it is because of the extraordinary sacrifices my wife has made throughout our journey.

To all young engineers, I sincerely encourage you not to be afraid of starting a family. If you have found the right partner and are ready to accept the responsibility, marriage is one of life's greatest blessings. Our benchmark is Prophet Muhammad (peace be upon him), who married at the age of twenty-five.

Remember, even Prophet Adam (peace be upon him), though created in Paradise, experienced loneliness until Allah created his companion, Hawa (Eve).

Who are we, as men, without a loving wife by our side?

That is my story today.

Story 1107 – The Steam Engineer Certificate

Story 1107 – The Steam Engineer Certificate

Living and working in the remote interior of Sabah, deep along the upper reaches of the Kinabatangan River, was one of the toughest periods of my life. The physical demands were relentless, and the mental challenges were just as exhausting. More than once, I found myself wondering whether I should remain in the palm oil industry or leave altogether in search of a different career.

During those difficult days, I often shared a rented house with my late friend, Richard Ginsing. Most evenings, we would only arrive home around 9:00 p.m. After dinner, we would sit in front of the television watching Astro before calling it a night. Those quiet moments became our time to talk—about life, our experiences, our hopes, and the longing we both felt for our families who were far away.

Richard, together with several senior colleagues, encouraged me to pursue a Steam Engineer Certificate issued by the Department of Occupational Safety and Health (DOSH). They believed it would open new opportunities and give me a stronger future in the industry.

I decided to take their advice seriously.

The journey began with fulfilling the minimum requirement of two years of boiler operating experience. Along the way, I learned boiler theory from my mill managers and gained practical knowledge from experienced boilermen, especially Makamaseh, who patiently shared his expertise in the field. Whenever I met someone who already held a Steam Engineer Certificate, I never missed the opportunity to ask questions, seek advice, and collect practical tips for the examination.

Eventually, I submitted my application and was offered an interview and competency examination at the PERKESO Building in Kota Kinabalu. With very little preparation and without attending any formal training course, I decided to take the challenge at my own expense. I travelled overnight by bus from Lahad Datu and stayed at Megah D'Aru Hotel, located just beside the PERKESO Building.

Luck was on my side.

There, I met a group of engineers from FGV who were also sitting for the same examination. Salahuddin, Rosliezan, and several of their colleagues welcomed me into their last-minute study group. We spent hours revising together in the hotel rooms and over countless discussions at a nearby mamak restaurant. I was incredibly fortunate because FGV had prepared comprehensive study notes for their engineers. Salahuddin, in particular, was deeply passionate about boilers and was affectionately known among many engineers as the "Dukun Boiler" for his exceptional knowledge and troubleshooting skills.

To cut a long story short, I successfully obtained my Grade Two Steam Engineer Certificate in September 2006, just three years after joining the palm oil industry.

That single certificate changed the course of my career.

Within a few months, I was appointed as the Mill In-Charge of a 90 MT/hour palm oil mill. The following year, our mill processed nearly 380,000 metric tonnes of fresh fruit bunches and achieved one of the Top 3 Oil Extraction Rate (OER) performances within the entire group.

Looking back, I realize that one decision, one certificate, and the encouragement of a few good friends were enough to change the direction of my life.

That is my story for today.

PEPC Question 1

Question

PEPC A was appointed, as consultant, in a project under a conventional contract. After all the design part is completed, the project is tendered out to find a suitable contractor.

A contractor was selected (let say Contractor B). Contractor B then brings PEPC C and he offers to the Client an alternative design, which will be cheaper and faster to construct.

The Client was happy with the proposal and "force" PEPC A to adopt it for submission to Local Authority.

Upon checking the alternative design, PEPC A refuses to adopt the alternative design due to safety issues, but the Client still insists.

A) If you are PEPC A in this situation? What will you do?

B) Then the design failed (let say the structure collapsed), who will be responsible in this situation?

C) The Client sue you (PEPC A) and PEPC C as design negligence, what is your approach in this situation?

D) As for PEPC C, what will be the damages that need to be paid to the Client if the Client wins the case?

___________________>_<_______________

Model answer based on the Malaysian legal and professional engineering framework, including the Registration of Engineers Act 1967 (Revised 2015), Registration of Engineers Regulations 1990, BEM Code of Professional Conduct, Engineers Act, CIDB Act 520, Street, Drainage and Building Act 1974 (Act 133), Uniform Building By-Laws (UBBL) 1984, and accepted engineering practice.

A) Question PEPC in this situation, what will you do?

As PEPC A, my primary duty is to protect public safety, not merely to satisfy the Client.

Step 1 – Conduct Independent Technical Review

Review the alternative design against:

Malaysian Standards (MS)

Eurocodes / British Standards (if adopted)

Relevant Design Codes

Client specifications

Contract requirements

Local Authority submission requirements

Document every non-compliance.

Step 2 – Advise the Client in Writing

Issue a formal letter stating:

the proposed design is technically unsafe;

the engineering reasons;

potential risks;

possible legal consequences.

Everything must be documented.

Step 3 – Refuse to Endorse

A Professional Engineer must never sign drawings that he does not believe are safe.

This is required under:

Registration of Engineers Act 1967

BEM Code of Professional Conduct

Professional Engineer's ethical obligations

Signing unsafe drawings could amount to professional misconduct.

Step 4 – Request PEPC C to Take Full Design Responsibility

If the Client insists on using PEPC C's design:

PEPC C should become the Design Engineer.

PEPC C must:

produce calculations,

sign drawings,

submit to authority,

assume professional responsibility.

PEPC A should not merely "rubber stamp" another engineer's work.

Step 5 – Withdraw if Necessary

If the Client continues forcing PEPC A to sign:

PEPC A should:

decline the appointment,

notify the Client in writing,

keep complete records.

Professional integrity is more important than retaining the project.

B) If the structure collapses, who is responsible?

Responsibility depends on who designed, endorsed and approved the design.

Possible parties include:

1. PEPC C

If PEPC C:

prepared the design,

performed calculations,

recommended the design,

he may be professionally liable.

2. PEPC A

If PEPC A refused to sign and documented his objections,

he is unlikely to be responsible.

However,

if PEPC A eventually signs despite knowing it is unsafe,

he may become jointly liable.

3. Contractor B

Contractor B may be liable if:

poor workmanship,

deviations from drawings,

use of inferior materials,

construction negligence.

4. Client

If evidence shows the Client knowingly forced adoption of an unsafe design,

the Client may share liability through contributory negligence.

5. Local Authority

Generally Local Authorities are not responsible merely because plans were approved.

Approval does not transfer engineering responsibility.

C) The Client sues PEPC A and PEPC C for design negligence. What is your approach?

PEPC A's Defence

Produce documentary evidence:

original design;

review comments;

calculations;

emails;

warning letters;

meeting minutes;

refusal letters.

Show that:

PEPC A identified safety concerns;

advised against adoption;

refused endorsement.

This demonstrates compliance with professional duty.

PEPC C's Position

The Court will examine:

calculations;

compliance with codes;

engineering judgement;

peer reviews;

whether reasonable skill and care were exercised.

Expert Witnesses

Engineering experts will assess:

whether the design complied with accepted engineering practice;

whether negligence occurred;

whether failure resulted from:

design,

construction,

maintenance,

misuse.

Professional Indemnity Insurance

Professional Indemnity (PI) insurance may respond, subject to policy terms.

However,

deliberate misconduct or fraudulent conduct is generally not covered.

D) What damages may PEPC C need to pay if the Client wins?

Possible damages include:

1. Cost of Reconstruction

demolition

redesign

reconstruction

2. Rectification Costs

Repair costs necessary to restore the structure.

3. Consequential Losses

Where legally recoverable:

project delay;

additional financing costs;

relocation costs;

business interruption.

4. Third-Party Claims

If people are injured or property damaged:

compensation;

medical expenses;

property damage;

fatal accident claims.

5. Professional Negligence Damages

The Court may award damages based on losses directly caused by negligent design.

6. Legal Costs

The unsuccessful party is commonly ordered to pay a substantial portion of the successful party's legal costs, subject to the Court's discretion.

7. Disciplinary Action by BEM

Apart from civil liability, PEPC C may face disciplinary proceedings by the Board of Engineers Malaysia (BEM), including:

reprimand,

fines (where applicable),

suspension,

cancellation of registration.

Relevant Malaysian Laws, Regulations and Codes

1. Registration of Engineers Act 1967 (Revised 2015) (Act 138).

2. Registration of Engineers Regulations 1990.

3. Board of Engineers Malaysia (BEM) Code of Professional Conduct, which requires engineers to hold paramount the safety, health and welfare of the public.

4. Street, Drainage and Building Act 1974 (Act 133).

5. Uniform Building By-Laws 1984 (UBBL).

6. Construction Industry Development Board Act 1994 (Act 520).

7. Applicable Malaysian Standards (MS) and adopted Eurocodes/British Standards, depending on the project.

8. The terms and allocation of responsibility under the applicable construction contract (e.g. PAM, PWD/JKR, FIDIC or other agreed form).

Conclusion

Under Malaysian law and professional ethics, public safety overrides client instructions. A Professional Engineer should never endorse or submit a design that they reasonably believe is unsafe. If an alternative design is proposed, the engineer who prepares and endorses that design should assume full professional responsibility. Thorough documentation, written advice, and adherence to statutory and ethical obligations are the strongest protection against allegations of professional negligence.

Story 1106 – My First Step onto the Land of Sabah

Story 1106 – My First Step onto the Land of Sabah

After nearly a year of moving from one job to another, the time had finally come for me to begin a new chapter in Lahad Datu.

As I handed my resignation letter to the HR Manager, he paused and asked,

"Where are you heading next?"

"I'm joining a palm oil mill in Lahad Datu, Sabah," I replied.

He looked at me with genuine curiosity.

"Lahad Datu? What's there?"

More than two decades later, I can still hear those words as clearly as if they were spoken yesterday.

What was there in Lahad Datu?

The truth was—I had no idea.

I had never set foot in Sabah. I had no relatives, no friends, and no acquaintances there. In fact, I had never even visited East Malaysia.

To make the journey even more significant, I had never travelled by air before.

On 16 March 2004, I boarded my very first flight—an AirAsia service to Kota Kinabalu—before connecting to Lahad Datu on a small ATR aircraft.

The airport was modest. Stepping off the plane, I was greeted by a simple wooden terminal. Beyond it lay little more than a road and a roundabout.

An elderly driver was waiting for me in a single-cab four-wheel drive. We travelled along Jalan Jeroco, navigating nearly 90 kilometres of gravel road before finally arriving at what would become my very first palm oil mill.

It was my first...

- Visit to Sabah.

- Arrival in Lahad Datu.

- Experience inside a palm oil plantation.

- Step into a palm oil mill.

All I had with me was a single backpack.

What I could never have imagined was that this leap into the unknown would shape the next two decades of my life.

That one decision led me to spend 20 remarkable years in Borneo—building a career, gaining invaluable experience, forging lifelong friendships, and discovering a place that would eventually feel like home.

Sometimes, the greatest journeys begin with nothing more than faith, a backpack, and the courage to step into the unknown.

That's my story for today.

STORY 1105 NEVER GIVE UP

"When the going gets tough, the tough get going."

This is one of the most valuable lessons I learned during my first year as an Engineering Cadet at a palm oil mill.

Back then, I had a manager whose determination inspired everyone around him. Whenever a problem arose, he would tackle it one step at a time until it was solved. It didn't matter how difficult or impossible it seemed—giving up was simply not an option.

Watching him work taught me that true leadership is measured not by titles, but by perseverance.

One day, we were faced with what many believed was an impossible task.

Our plantation was located downstream along the Kinabatangan River, opposite Sukau Village in Sabah. The only connection between the estate and the main road was a large barge that served as a floating bridge, pulled into position by tugboats.

During the monsoon season, everything worked perfectly. However, when the dry season arrived and the river level dropped significantly, poor planning left the barge stranded on dry land.

We studied the tide tables repeatedly, hoping the rising water would lift the barge back into the river. Unfortunately, the dry season had already set in, and there was no realistic chance of the water reaching the required level.

To make matters worse, the barge operator warned that substantial additional charges would be imposed if the vessel was not returned to the river immediately.

The responsibility for solving this seemingly impossible problem was assigned to my manager.

A task force was formed, consisting of engineers, foremen, and maintenance personnel. For weeks, we camped at the site, attempting what many people considered a "crazy mission"—moving a massive barge from dry land back into the Kinabatangan River.

Our initial strategy was simple. We used diesel-powered water pumps to wash away the sandy riverbank beneath the barge, hoping gravity would slowly pull it toward the river.

Day after day, we worked tirelessly.

The progress was painfully slow.

Many people would have given up.

But not my manager.

Instead of accepting defeat, he changed the strategy.

"We need more power."

We returned to an old mill and recovered a large diesel generator engine that had long been out of service. The engine was completely overhauled, repaired, serviced, and modified to drive a much higher-capacity water pump.

What impressed me most was that my manager was an electrical engineer. Yet he willingly stepped into mechanical and civil engineering challenges without hesitation. For him, engineering was never about staying within the boundaries of one discipline—it was about solving problems, regardless of where the solution came from.

Once the upgraded pumping system was ready, it was transported immediately to the site.

The high-capacity pump began blasting water beneath the barge with tremendous force.

Hour after hour, the sand gradually eroded.

Eventually, more than 40 percent of the ground beneath the barge had been washed away, causing the massive structure to tilt toward the river.

For the first time, success seemed possible.

After carefully studying the tide schedule, we coordinated the final operation with the tugboat operators. The plan was to make the pull at the highest tide, when the river offered its greatest lifting force.

On the appointed day, everyone stood in silence.

The tugboats started their engines.

The towlines tightened.

Slowly...

Very slowly...

The barge began to move.

Then, with one final pull, it slid free from the riverbank and floated back into the Kinabatangan River.

Weeks of relentless effort had finally paid off.

What many believed was impossible had become reality.

That experience taught me a lesson I have carried throughout my career.

Success does not always belong to the smartest person in the room.

It belongs to those who refuse to quit.

Whenever I face a challenge that seems impossible, I remember my manager and the example he set through his actions—not his words.

"Winners never quit, and quitters never win."

And another timeless Western proverb that perfectly captures his spirit:

"When the going gets tough, the tough get going."

Sometimes, success is not about having the perfect solution from the beginning.

It is about having the courage to keep searching until the impossible finally gives way.

That my story for today.

Story 1104: How ROTU Shaped My Life – 25 Years on the Road

More than 25 years ago, I joined the Reserve Officer Training Unit (ROTU), known in Malaysia as Pasukan Latihan Pegawai Simpanan (PALAPES), at Universiti Sains Malaysia (USM). Looking back today, I realize that the daily routines, weekly training, annual camps, and countless hardships did far more than prepare me to become a reserve officer—they shaped the person I am today.

Every week, we underwent military training. Every semester, we trained at both the USM Main Campus in Penang and the Engineering Campus in Seri Iskandar, Perak. Every year, we spent three weeks in an intensive annual field camp deep in the jungle.

The program demanded sacrifices.

Our days began before dawn. Physical training started early in the morning, pushing us to our limits. Some cadets nearly collapsed from exhaustion, but quitting was never an option.

After breakfast came drill practice. Then came weapons training. In the afternoon, we attended classroom sessions on military tactics, strategy, and leadership.

During the annual training camp, we spent a week preparing at the main campus before moving into the field for Combat in Woods (CIW), tactical movement exercises, and defensive operations during our third year.

These exercises took us across dense jungles, rubber estates, oil palm plantations, and military camps. We slept wherever the mission required. Comfort was a luxury we learned to live without.

Weekends were never our own. While most university students were catching up on sleep or enjoying campus life, we were marching, training, and learning to lead.

And then there was the haircut.

Our hair was always kept military short. It became part of our identity.

Of course, no military training was complete without punishment. Whether verbal or physical, discipline was part of the learning process. Some of those punishments even left scars that remain visible today.

But the deepest marks were not on our bodies—they were on our character.

At the time, we believed military training was the hardest challenge we would ever face. We were wrong.

Life outside the military proved to be even tougher.

Yet, Alhamdulillah, the discipline, resilience, and mental strength forged during ROTU prepared me to face the storms, setbacks, and uncertainties of life with confidence.

Twenty-five years later, those lessons remain with me. I still value discipline. I stay calm under pressure. I remain resilient when facing adversity. Even my weekends are naturally productive because the habit of making good use of time has never left me.

Looking back, many of the achievements in my personal life and professional career can be traced to those formative years.

The uniform has long been put away, and my hairstyle has changed.

But the soldier within me never left.

This is my story for today.

Setiap Susah Ada Bahagia

*Ciptaan Lirik: BORNEO RIDER*

**(Verse 1)**

Di hujung susah, menanti bahagia,

Pelangi indah sesudah derita.

Jangan gentar melangkah mula,

Setapak berani, terbuka dunia.

Ilmu dicari tiada jalan pintas,

Peluh mengalir menjadi pembalas.

Benih yang baik sejak usia kecil,

Menjadi pohon rendang yang kekal.

**(Pre-Chorus)**

Sepatah kata penuh hikmah,

Lebih bernilai daripada harta.

Lembut bicara menautkan jiwa,

Kasih bertaut selama-lamanya.

**(Chorus)**

Terbanglah tinggi mengejar impian,

Walau berliku perjalanan.

Masuk ke rimba demi harapan,

Harimau garang bukan halangan.

Bila tergesa, tenangkan hati,

Jalan berliku kadang terbaik.

Jangan bermegah pada puji,

Padi berisi tunduk ke bumi.

**(Verse 2)**

Hidup mengajar sabar meniti,

Setiap ujian ada erti.

Orang bijaksana tidak meninggi,

Diam berkarya, dunia mengerti.

Yang kosong riuh mencari nama,

Yang berilmu penuh berbudi bahasa.

Biarlah usaha menjadi cerita,

Bukan sekadar kata-kata.

**(Bridge)**

Hari berganti, musim berlalu,

Doa dan usaha terus bersatu.

Selagi yakin pada Yang Satu,

Tiada mustahil menjadi nyata.

**(Final Chorus)**

Di hujung susah ada bahagia,

Percayalah pada janji-Nya.

Mulakan langkah walau sederhana,

Kerana bermula lahir berjaya.

Ilmu, adab dan budi bahasa,

Menjadi pelita sepanjang usia.

Rendah hati membawa mulia,

Itulah warisan insan berjaya.

**(Outro)**

Biar perlahan, asal selamat,

Biar merendah, tinggi martabat.

Hidup ini bukan tentang hebat,

Tetapi manfaat hingga akhir hayat.

Story 1103 Follow Up

Story 1103 — FOLLOW UP

One day, after our weekly routine of inspecting the effluent ponds, my boss and I were walking back to the mill.

As we were both catching our breath while climbing a hill, he suddenly asked me a question:

**“Zul, how many times do you need to follow up on a task given to your team?”**

I answered, **“Three times?”**

He said, **“No.”**

I tried again.

**“Ten times?”**

Again, he said, **“No.”**

I became quiet for a moment, trying to figure out the answer he was looking for.

After a long silence, I finally decided to ask him directly:

**“So, what is the answer, Boss?”**

His reply was simple:

> **“Follow up until the job is completed.”**

That short sentence stayed with me.

After nearly **22 years in the palm oil industry**, managing and coordinating more than 100 people on a daily basis, I have come to understand the real meaning behind those words.

**Follow-up is not about how many times you ask.

It is about making sure the job gets done.**

No matter what position we hold—engineer, supervisor, manager, executive, or leader—our responsibilities can eventually become a problem if the tasks assigned to us are not completed.

A good instruction without follow-up may remain only an instruction.

A good plan without follow-up may remain only a plan.

And a good leader without follow-up may struggle to turn plans into results.

If we want to become **productive, efficient, and effective**, we must develop the discipline to follow up—and follow through—until the work reaches completion.

But here is the real question:

**How many of us are willing to take on the challenging, sometimes uncomfortable, and often repetitive responsibility of following up until the job is truly done?**

Because sometimes, leadership is not about giving instructions.

**Leadership is about making sure the work gets finished.**

This is my story today.

 

The Decision That Shaped My Life

1102 – The Decision That Shaped My Life

One day, I told a friend that I had served in the army during my university years through ROTU.

He looked at me, smiled, and simply said, "I don't believe you."

I understood why. Today, I have long hair. It doesn't exactly match the image most people have of a former soldier.

I told him that for the past 25 years, I had kept my hair in a military-style cut. Only at the beginning of this year did I decide to grow it long.

He was still skeptical—until I showed him a few old photographs from my army training days.

Those four years of military training shaped far more than my appearance. They shaped my character.

They led me to meet my wife. They gave me the resilience to survive 15 years in the challenging upstream palm oil industry. They helped me remain an engineer in a demanding work environment. More importantly, they laid the foundation for my growth in leadership, communication, discipline, and management.

Looking back, it's amazing how a decision made nearly 30 years ago—simply to earn the ROTU training allowance—ended up influencing the next three decades of my life.

Sometimes, the choices we make for small reasons become the turning points that define who we are.

That's my story for today.