Dr Khairuddin Abdul Rashid

Session 4
PWD Form DB/T (2002)
Conditions of Contract
Clause 31– 45

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 31 Sub-letting and
Assignment

Sub-letting of design or sub-

letting of works or assign the
contract (partly or the whole)
is not allowed unless
consented in writing by the
PD

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 32 Artists and Tradesmen

The contractor shall allow

others directly engaged by the
Government to work on the
site

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 33 Injury to Persons and
Damage to Property

The contractor shall be liable for
and shall indemnify the
Government against any damage,
expense… in respect of personal
injury to or death of any person,
and damage to any property…

Clause 34 Insurance against injury…

The contractor, as a condition
precedent to commence the work ,
shall effect and maintain an
insurance against…

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 35 Claims by Workmen

The contractor shall be liable
for and shall indemnify the
Government from all
liabilities arising out of claims
by workmen

Clause 36 Employees Social

Security Act, 1969

The contractor shall abide
with the Act… SOCSO, pay
contributions…

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 37 Insurance of works

The Contractor shall, in joint

names with the Government,
insure against risks… to the
full values of the works and the
costs of the design work of the
contractor… until practical
completion of the whole of the
works…

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 38 Performance Bond

The Contractor shall, as a

condition precedent to
commence work, produce a
Performance Bond… 5% of the
Contract Sum [Construction
cost] or Performance
Guarantee Sum (through a 10%
deduction from each interim
payment up to 5% of the
Contract Sum) … to be
released upon issuance
Certificate of Completion of
making Good Defects for the
whole work

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 39 Possession of Site

Contractor can commence

work on site once all pre-
requisites have been complied
with (Cl. 34 and Cl. 38)

Possession of site may be given

in sections or in parts… other
restriction as stated in
Appendix 1

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 39 Possession of Site

Delay in giving possession

less than 90 days – the PD
to issue instruction in
regard to the revision of the
date for possession and the
date for completion… the
contractor is not entitled to
claim, nor to determine his
own employment

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 39 Possession of Site

Cl. 39.5(a) Delay in giving the

whole site beyond 90 days …
the PD issue written notice...

Contractor (within 14 days)

may: (1) agree to proceed and
not entitled to claim or (2)
determine his own employment

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 39 Possession of Site

Cl. 39.5(b) Delay in giving any

section or part of the site
beyond 90 days … the PD
issue written notice...

Contractor (within 14 days)
may: (1) agree to proceed and
not entitled to claim or (2)
request PD to omit the relevant
section… if PD disagrees,
contractor is entitled to claim…

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 40 Mutual Termination

Mutual determination upon a

written notice by the
Government to the Contractor

Actions upon mutual

termination… Cl. 40.2 – 40.5

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 41 Completion of the
Works

Cl. 41.1 Shall complete on or

before the date of completion
as stated in Appendix 1

PD issues CPC. CPC marks the

commencement of defects
liability period (Cl.48)

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 42 Damages for Non-
completion

Contractor to pay the

government the L & D

If subsequently the PD grants

extension of time … the L & D
so deducted must be
reimbursed to the contractor

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 43 Sectional Completion

… as stated in Appendix 1
…there should be separate L &
D; and

CPC, E oT, L & D, DLP shall
be treated separately for each
sections, but not

Works insurance (Cl. 37),

Performance Bond (Cl. 38) and
the Final Payment (Cl. 51)

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 44 Partial Occupation

… before practical completion,

the Government, with the
consent of the contractor…and
occupy any part or parts of the
works

PD issues Certificate of Partial
Occupation within 7 days…

The said works is deemed to
have achieved practical
completion

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 45 Delay and Extension of
Time

Contractor to submit written

notice of causes of delay to PD,
the latter shall estimate the
length of the delay and issue
Certificate of Delay and
Extension of Time

Reasons – see Cl. 45.1(a) to (i)

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 45 Delay and Extension of
Time

Cl. 45.2 The contractor is

entitled to claim for loss and/or
expenses due to delay stated in
Cl. 45.1(b), (d), (e) and (h)

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Dr Khairuddin Abdul Rashid

End of Session 4

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