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    28 views53 pages

    Tnc-Pam-Contracts-2018 (Without Quantities) PDF

    Uploaded by

    Tuan Noridham Tuan Lah

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Agreement And Conditions Of PAM Contract 2018 (Without Quantities) All artis must rely upon their ow sill and judgment oF upon those oftheir advisers when using this document ‘and PAM assumes no Hability to any user or any tied partyin connection with such use ‘Table of Contents Articles OF Agreement Preliminary Recitals i Date ofagreement . Parties to agreement and their addresses a ‘The nature ofthe works andthe location : ‘The drawings Articles Astcte 1 ‘Contractr's Obligations Article 2 Contract Sum Antcle 3 Architect Aaticle4 Engineer Articles Quantity Surveyor Astle 6 Specialist Consultant Anticle7 Definitions Aticte 8 Meanings Attestation/Signatories Of The Parties ‘The Conditions Of Contract Clause 10 Contractor's Obligations ny Completion of Worle in accordance with Contract Documents 12 “Temporary work and construction method 3 Contractor's design and responsibilities 14 Discrepancy or divergence between documents 20 Architect's Instructions (AP) 24 Contractor to comply with AT 22 Al 23 Provisions empowering instructions 24 Failure of Contractor 10 comply with AL 30 Contract Documents, Programme And As-built Drawings 3 Contract Documents 32 Custody of tender documents 33 Copies of documents 34 Further drawings or details 33 Works Programme 36 Programme not part of Contract 37 sche’ acepine of propane 38 39 3.10 ‘As-built Drawings and operation and maintenance manuals 40 Statutory Obligations, Notices, Fees And Charges 41 Statutory requirements 42 Inconsistencies with statutory requitements PAM Contract 2018 (Without Quantities) Page @ ‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 43 44 50 3 60 61 62 63 64 65 66 67 68 80 81 82 a3 90 9 100 lout 102 10 1 u2 U3. wa us 116 7 ig 9 20 12 122 40 lat 142 143 M44 150 151 152 153 154 Conforming to statutory obligations Fees, levies and charges Levels And Setting Out OF The Works Setting out Materials, Goods Aud Workmanship To Conform To Description, Testing And Inspection Standards of works, materials, goods and workmansh Provision of vouchers lnspeetion and testing Contractor's obligation not relieved ‘Work nor in accordance with the Contract [No compensation for time and cost Failure of Contractor to comply Warranties in respect of materials and goods Royalties And Intellectual Property Rights Indemnity to Employer Contractor's lability to pay Government royalties Site Agent Site Agent Insiructions to Site Agent Exclusion of Person employed on the Works Access To The Works ‘Access fo the Works Site Staff Duty of Site Stat Directions given by Site Stat ‘Variations, Provisional And Prime Cost Sums Definition of Variation ‘No Variations required by Architect shal vtiate Contract Issue of Variations after Pracicel Completion ‘Alon P.C. Sums and Provisional Sums ‘Veluation of Variations and Provisional Sums ‘Valuation rates Aadltional expense caused by Variation ‘Access fo Contractors books and documents Variations and additional expenses added to Contract Sura Quality And Quantity Of The Works Quality and quantity ofthe Works Lump Sum Contract ‘Contract Sum Contract Sum not to be adjusted ot altered Materials And Goods Materials and goods not tobe removed Materials and goods included in certificates Responsibility for materials and goods Warranty of title of goods and materials Practical Completic Practical Completion Cenifcate of Practies! Completion Contractor's failure to comply with undertaking, Schedule of Defects ‘And Defects Liability PAM Contract 2018 (Without Quantities) Page w ‘The Condit Clause 155. 156 160 16. 162 163 170 im 12. 173, 180 1B 182 153 Is 19.4 191 192 193, 19.4 195 20.4, 20.1 20.42 20.43 20.04 208 208 2082 20.83 2084 20.85 20. 20.6.1 20.02 20.03 20.c4 20.C5 210 2nd 212 213, 214 20 22 23 23.0 Bi Ba ‘Table of Contents (Contd) ns Of Contrnet (Cont'd) {Instruction to make good Detects Cerificate of Making Good Defects Partial Possession By Employer Possession of Occupied Part with consent Possession of Occupied Part wi Contractor to remove equipment Assignment And Sub-Conteact Assignment by Employer ‘Assignment by Contractor No sub-contracting Injury To Person Or Loss And/Or Damage Of Property And Indemnity To Employer ‘Contractor's indemnity against injury or death Contractor's indemnity against loss and/or damage Conator's indemnity agains claims by workmen Indemnities not 1 be defected {insurance Against Injury To Person And Loss And/Or Damage Of Property Contractor to instire against injury to Person and loss andor damage of property Employee's social security scheme fr locel workmen Insurance for local workmen not subject to SOCSO ‘Workmen's compensation insurance for foreign workers Placing of insurance with licensed insurance companies Insurance Of New Buildings/Works ~ By The Contractor Contractor's risks - new buildings/vorks Additional risks to be covered under the insurance Placing of insurance with licensed insurance companies Application of insurance claim proceeds Insurance Of New Buildings/Works ~ By The Employer Insurance by Employer Additional risks required by the Contractor Maintenance of policy Failure of Employer fo insure Application of insurance elaim proceeds Insurance OF Existing Building Or Extension ~ By The Employer Employers risks - existing building or extension ‘Additional risks required by the Contractor ‘Maintenance of insurance by Employer lure of Employer to insure Application of insurance elaim proceeds Date Of Commencement, Postponement And Date For Completion Commencement and Completion Sectional Commencement Dates Sectional Completion Dates Postponement or suspension ofthe Works Damages For Non-Completion Liquideted Damages and Certificate of Non-Compl Agreed Liquidated Damages amount ‘Cerificate of Non-Completion revoked by subsequent Certificate of Extension of Time Extension Of Time ‘Submission of notice and particulars for extension of time Delay by Nominated Sub-Contractor PAM Contract 2018 (Without Quantities) Page 23.24 ay The Condit Clause 23 2B 25 236 23.7 238 239 23.10 240 24.1 242 23 244 250 25.1 252 233 234 255 256 25.7 258 260 26.1 262 263 264 26 26.6 26.7 210 21 212 23 24 25 216 217 278 219 27.10 271 2112 2713, 214 28.0 28.1 282 283 284 285 286 287 288 ‘Table of Contents (Cont'd) ns OF Conteaet (Cont'd) Insufficient information Cerificate of Extension of Time ther consideration for giving extension of time Contactor to prevent delay Notification to Nominated Sub-Contractors Relevant Events Extension of time after the issuance of Cetificate of Non-Completion ‘Architect's review of extension of time after Practical Completion Loss And/Or Expense Caused By Matters Affecting The Regular Progress Of The Works Loss and/or expense caused by matters affecting the egular progress of the Works Access to Contractor's baoks and documents Matters materially affecting the regular progress ofthe Works Loss and/or expense to be included in eertfiate Determination Of Contractor's Employment By Employer Defaults by Contracor Procedure for determination Contractor's insolvency Rights and duties of Eraployer and Conteactor Records of Works Final Account upon determination Remedy linited to damages only Employer’ rights and remedies not prejudiced Determination Of Own Employment By Contractor Defaults by Employer Procedure for determination Employer's insolveney Rights and duties of Contractor and Employer Records of Works Settiement of accounts Contractor's rights and remedies not prejudiced Nominated Sub-Contractors P.C. Sums and Provisional Sums ~ Nominated Sub-Contractors ‘Nomination of sub-contractor ‘Objection to nomination of sub-contractor ‘Action following objection of Nominated Sub-Contractor Payment by Contractor to Nominated Sub-Contractors Feilure of Contractor to pay Nominated Sub-Contractors Final payment to Nominated Sub-Contractors Determination ofthe Nominated Suib-Contractor’s employment Contractor's responsibility for Nominated Sub-Contractors Employer no privity of Contract with Nominated Sub-Contractors Re-romination of sub-contractor due to determination by the Contractor Re-nomination of sub-contractor due to determination by the Nominated Sub-Contrsetor Contractor to recover additional expenses from Nominated Sub-Contsactor Contvacior permite to tender for P.C. Sums ‘Nominated Suppliers P.C, Sums and Provisional Sums ~ Nominated Suppliers Nominated Suppliers ad their obligations Objection to nomination of suppliers Action following objection of suppliers ‘Value of materials end goods supplied by Nominated Suppliers Payment to Nominated Suppliers Contractor’ liability for Nominated Suppliers Employer no privity of Contract with Nominated Suppliers PAM Contact 2018 (Without Quantities) Page 24 24 24 be 24 22.26 26 26 26 26 26 27 28 28 28 28 28 28.29 29 29 29 30 30 30 30 31 31 31 31 32 32 32.33 33 33 33 3B 3B 34 34 M4 34 M 34 34.35 35 35 38 35 35 ow ‘Table of Contents (Cont) ‘The Conditions Of Contract (Cont'd) Clause 29.0 20.1 300 30 302 303 36.2 363 364 37.0 a7 372 373 314 375, 376 317 38.0 381 38.2 Page Wales Bi Craftsmen, Tradesmen Or Other Contractors Employed Or Engaged By Employer 36 Works by Employer's craftsmen Certificates And Payme Payment application and issue of Architect's certificate Amount dt in Architects certificate Ercors in payment certificate Set-off by Employer Retention Fund Rules regarding Retention Fund ‘Suspension of Works for noa-payment Compulsory suspension of Works Cessation insurance resulting from suspension ofthe Works inal Account ems in Final Aczount Conelusiveness ofthe Final Account Issuance of Penultimate Certieate Issue of Final Certificate Final Cortifieate Final Certificate not conclusive Interest Outbreak Of Hosttities Hrstititis - determination by Employer of Contractor Notices of determination Al regarding protetive work Payment resulting from determination War Damage Procedures following war damage Definition of war damage Antiquities ‘Antiquities property of Employer Mediation Mediation under PAM rates Mediation shall not prejudice the partes rights to a) Expert Determination Disputes on all matters Expert determination under PAM Rules Expert determination shall not prejudice the pat "rights to adjudication or arbitration Adjudication Set-off disputes refered 0 adjudication Notice to refer to adjudieation ‘Adjuiestion Rules Decision ofthe adjudicator Arbitration Disputes refered to arbitration Procedures for appointment of erbitrator Arbitration Act and Rules, Powers ofarbitrator Consolidation of rbitation proceedings ‘Commencement of arbitration preceeding ‘Acbittator's award tobe final and binding on partes Notice Notice Notice deem served PAM Contre 2018 (Wihout Quantities) 36 36 36 36 36 36.37 37 37 37 37 37 o ‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 383 Proof of Notice 384 ‘Written communication 39.0 Performance Bond 39.4 Submission of Performance Bond 392 Form ofthe Performance Bond 393 Validity of the Performance Bond 304 Failure to extend the validity 395 Payments from the Performance Bond 396 Return of Performance Bond M Governing Law 404 Governing Law Appendi PAM Conse 2018 (Without Quantities) Page 43 4B 4 B 44 44 4s ww PAM CONTRACT 2018 (WITHOUT QUANTITIES) Articles Of Agreement This Agreement ise onthe oevessesmmnenni9 OF us coseneancenseenee BeWEE ssn ‘oF (or whose registred office or business addres is stuated at) ON senna dei 7 oF (or whose registered office or busines acres is situated at) ane has caused drawings and Contret Bis showing and desing the work to be dane to be prepared by his Arciteot and Consultant. ‘And Whereas the Contractor has supplied the Employer witha filly priced copy ofthe said Contract Bills. ‘And Whereas the suid drawings numbered (9) Brief description ofthe Warts, PAM Contact2018 (Without Qanites) 1 Non hereby agreed as follows: Article 1 For the consideration hereinafter mentioned the Contractor wil upon and subject t0 the Contractor's Contract carry out and complete the Works shown upon and dessribed by or refered 10 i Obligations the Contract Article2 The Employer will pay the Contractor tho sum of Ringait Malaysia: i. Contract Sum RM, ) (hereinater refered to as ‘the Contract Sun’) or such oer sum as shall become payable hereunder at te tines ani the sannee specie in the Contact Aricle3 The tm ‘the Archie in the Contact shall mean. eee Architect, ‘orn the event of such Person ceasing tobe te Architect forthe purpose ofthe Contract, such other Peison asthe Employer shall appoint within twenty eight (28) Days hereto, No Architet so appointed shall be enitled to distegnrd er ovenle any cenifiate or “pinion o decision o approval or instruction given by the preceding Architect. Artcte4 “The tem the Engineer inthe Contac shall mean: Engineer {) Structoral & Civil Engineer: of, PAM Contact 2018 (Without Quunties) rin the event of such Person ceasing to be the Engineer forthe purpose of the Contact, Such other Pesson asthe Employer shall appoint within twenty eight (28) Days therefiom, ‘The Engineer shail perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority ofthe Architet to the Engineer as the Architect deems fi Articles ‘The term “the Quantity Surveyor" in the Contact shall MEER wsnsnerestsesomenseeeee Quantity ‘Surveyor of. 7 or inthe event of such Person ceasing f0 be the Quantity Surveyor for the purpose of the Contract, such other Petson as the Employer shall appoint within twenty eight (28) Days therefior, The Quantity Surveyor shall perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority of the Architect to he Quantity Surveyor asthe Architect deems fi Article 6 The term ‘the Specialist Consultant in the Contract shall meen: Specialist Consultant @ O. or inthe event of such Person ceasing to be the Specfaist Consultant fr the purpose of the ‘Contract, such other Person as the Employer shall appoint within twenty eight (28) Days therefiom. The Specialist Consultant shall perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority of the Architect to the Specialist Consultants the Architect deems fit. PAM Contact 2018 (Without Quan) Article7 {the Contract Documents ss nerefter defined, the following words and expressions shall have the meanings hereby assigned o them, except where the context etherwise requires: (2) Appendix means the Appendix o the Conditions ofthe Contract (©) Appropriate Authority means any story authority having jrisdietion over the Works: (©) Architect means the Person named in Aticle 3 and shall be a Professional Architect or any other form of practice registered under the Aeitects Aet 1967 and approved by the Board of Architects, Malaysia: (@) —_Architee’stnsteuction or AI~as described in Cause 2.2: (©) Ascbuilt Drawings means as-built drawings for works designed including altematve design} by the Contracior andor Nominated Sub-Contractor and any ‘other as-uilt drawings required to be provided as spocitied in the Contract Documents; (© Certificate of Extension of Time means the ceriicate issued under Clause 23.45, (@) Certificate of Making Good Defects means tne cetieate issued under Clause 15.6, (8) Certificate of Non-Comptetion means the extificate issued under Cause 22.1: @ Certificate of Partial Completion means the certificate issued under Clause 16.1; @ — Certifcate of Practies 152; Completion means the cetificate issued under Clause means the certificate issued under Clause (8) Certificate of Sectional Completi 213; Cause means the clauses in the Conditions ofthe Contract (%) Completion Date means the date(s) for completion of the Werke stated in the Appendix under Clauses 21.1 and 213 or the last extended date granted under Clause 23.4; (®) Conditions means the Conditions ofthe Contract: () Confirmation of Arehitect’s Instruction or CA1 as described in Clause 2.2; () Consultant means the Engineer, Quantity Surveyor andr Specialist Consultant as appropriate; (@ Contract or Contract Documents comprise the following documents the Leter of Awards the Amicles of Agreement, the Conditions of Contract; the Contract Drawings; the Contract Bills; and other documents incorporated in the Contract Documents, ualess expressly stated to be excluded therefrom; (Contract Bills comprise the following documents (as may be applicable): Instructions to Tenderers; Gi) Conditions of Tendering; Gi) Forof Tender, (Gv) Preliminaries; (¥)_ Preambles and Specification; (vi) Summary of the Tender (or Contract Sum); (Wi). Schedule of Rates; end (ii) any other documents specifically mentioned in any of the above documents, PAM Contact 2018 (Withnut Quantis) Definitions 0 0 w o w « o ® (a) (@) ) (ad) (e) a Ge) (ay Gi) @) ‘Contract Sum means the sum stated in Article 2; ‘Contractor means the party named in the Aticles of Agreement and ineludes the Contractor's lea successors or personal representatives or any Person to witom the rights and obligations of the Contractor have been transferred with the agreement ofthe Employer; Contractor's All Risks Insurance (‘CAR Insurance") means an insurance policy pravides cover agains: any piysieal loss or dasnage to Work executed and materials and goods under a standard CAR Insurance policy. The mii insurance isks are specified under Clauses 19.0, 20.4 or 20.B or 20.C, and the insurance shall have the appropriate endorsements. Any addtional insurance risks addltion to those stated in these Conditions tht are required to be covered under the CAR tnsurance shall be stated inthe Contac Bills: Date of Commencement means the date(s) ixed and stated in the Appendix under Clauses 21.1 and 21.25 Day means calendar day including the weelly day of rest but excluding gazetted holidays inthe locaton where the Works is carried out; Defects means defects, shrinkages or other faults due to materials or wockmanship ‘ot in accordance with the Contzct and Nominated Sub-Contract andlor due to faulty design (if any) undertaken by the Contractor and Nominated Sub- Contractor: Defects Liability Period means the period stated in the Appendix under Clause 154; Employer means the party named inthe Articles of Agreement and includes the Employer's legal successors or personal representatives of any Berson to whom the vights and obligations of the Employer have been transfered with the agreement ofthe Contractor; Engineer means the Person named in Anicle 4 and shall be a Professional Engineer or any other form of practice registered under the Registration of Engineers Act 1967 and approved by the Board of Engineers, Malaysia; Final Account imcans the documents showing the adjustment ofthe Contract Sum issued under Clause 30.10; inal Certificate means the final certificate issued by the Architect under Clauses 30.14 and 30.15; Foree Majeure means any circumstances beyond the conttol of the Contracior ‘caused by ferrarist acts, governmental or regulatory action, epidemics and natural disasters; Interim Cerffieates means the progress payment cerificate issued by the Architect under Clause 30.1; Lotter of Award means the letter of acceptance of the Contractor's tender issued by oron hehal of the Employer; Lamp Sum Contract means a fixed price Contract and is not subject to re- measurement or recalculation excep! for Provisional Quantities and Vaviations ‘which shal be valued under Clause 11.0; ‘Month means calendar month; Nominated Sub-Contract means the contract entered into between the Main Contractor and the Nominated Sub-Contractor pursuant to 2 nomination by the Architect under Clause 27.2: Nominated Sub-Contractor means @ sub-contractor nominated by the Architect under Clause 27.1; PAM Contact 2018 (Without Quanites) ak) @ (am) (a) Go) 9) (oq) @ (es) cat) (au) @) (ew) @ (ey) (e) oa) (eb) () ay 2) Nominated Supplier means a supplier nominsted by the Architect under Clause 28 PAM Sub-Contract 2018 means the form of contract as published by Pertububan Akitek Malaysia where the sub-eontracior is nominated under the PAM Contract 2018: Penultimate Certificate means the payment cetfeat issued by the Architect for the release of monies to Nominated Sub-Contractors and/or Nominated Suppliers ‘under Clause 30.13; Performance Bou means the bond required ta be provided by the Contactor as a sveurity for the due perZormance ofthe contact under Clause 39.45, Period of Honouring Certfleates means the period for honouring centificates stated in the Appendix under Clause 30.15, Person means an individeal, sole proprietorship, finm (partnership) oF body corporate; Practical Completion or Practically Completed means the state of completion described in Clause 15.1; Prime Cost Sums ('P.C. Sums’) means the sums provided in the contract for works of services to be executed by Nominated Sub-Contractor or for materials and goods to be supplied by Nominated Supplier; Provisional or Provisional Quantity means the estimated quantities of work provided in the Contract Bill for work to be executed ot forthe supply of any ‘materials and goods which cannot be determined or detailed at the times Provisional Sums means the sums provided inthe contact and/or the Nominated Sulb-Contract for work fo be executed or forthe supply of any materials and goods whieh cannot be foreseen, determined or detailed tthe time; Quantity Surveyor means the Person oamed in Article 5 and shall be a Registered Quantity Surveyor or any other form of practice registered under the Quantity Surveyors Act 1967 and approved by the Beard of Quantity Surveyors, Malaysia; Relevant Event means any one of the events for extension of time set out in Clause 23.8; Retention Fund means the sum retained in accoxdance with Clause 30.5; ‘Schedule of Rates means any documents however entitled or described and which is intended to be used for the purpose of valuing Variations; Service Provider means any company or body authorised to provide water, electricity, telecommunicaton, sewerage and other related services; ‘Site means the land and other places on, in, unde, over or through which the Works are to be executed and is provided by the Employer forthe purposes of the Contact including other land and places obtained by the Contractor and accepted by the Employer as forming part of the Site: Site Agent means the person appointed under Clause 8.1; Site Staff means the peson sppointed under Clause 10,1; ‘Specialist Consultant means the Person named in Article 6 and such Person shall ‘be a Specialist Consultant appointed by the Employer for a designated scope of professional works ‘Variation means changes made tothe Works as defined under Clause [1.1 ‘Week means a period of seven (7) consecutive days, PAM Contre: 2018 (Without Quetites) (bf) Works means the works described in the Aisles of Agreement and refered to in te Contract Documents and includes any changes made 10 these works in sccordance with the Contact; and (bg) Works Programme means the works programme described in the Contract Documents and in Clause 35, Articles nthe intenyetation of the Contact, unless the context requires otherwise, the following shall apply: (@) Gender - wort of one gender include the other gender, and words denoting natural persons include corporations and firms and all such words are 10 be construed interchangeably in that mannes; (b) Headings and Marginal Notes - the headings and marginal notes in the Conditions are not to be taken inlo consideration in the interpretation or construction of the Conditions or of the Contact: (©) Reference to legisation - a reference to any Acts is deemed to include references to any subsequent amendments, consolidation at replacement of the Acts; (4) Singular and Ptural- words importing the singular also inclide the plural and view versa where the context requires; and (©) Where any word or phrase is given a defined meaning, any other grammaticat form ‘ofthat word or phrase has a corespending meaning. PAM Contact 2018 (Without Quantis) Meanings IN WITNESS WHEREOF ** The hand of the Employer has been hereunto set the day and year) Signature of Employer. first above writen inthe presence of ) Name ) YNRICNO.cunsnnnnnnasnee Signature of Witness Name NRICNo..... * The Common $l Of anne was hereunto allied inthe presence of Signature of Dicecor. se ae Signature of DiectorSeertary®. Name sai Name on NRICNo. NRIC No. IN WITNESS WHEREOF “ The hand ofthe Contractor has been hereunto set the day and year) Signature of Contactor. fist above written in the presence of ) NAME ) ) NRIC No. ‘Signature of Witness. Names NRIC No, * The Common Seat of. ‘was hereunto afixed in the presence of Signature of Directo. Signature of DirectorSecretary®. Name. Name i NRICNo.. : . NRICNo... * Delete as appropriate The fing of the Common Seal to be wimessed in accordance withthe Memorandum & Arcs of Asceaton of the Conary PAM Contract 2018 (Without Quanstes) 8 ‘Completion of Contract Documents ‘Temporary work ‘and construction method Diserepaney or documents Contractor to ‘comply with AL AL Provisions ‘empowering Instruetions Failure of Contractor to comply with At Contract Documents PAM Contec 2018 (Without Qusntes) 2 22 24 30 3H The Conditions Of Contract Contractor's Obligations The Contractor shall upon and subject t0 these Conditions camry out and complete the Works in accordance with the Contract Decurments an! in compliance therewith provide ‘nnterals, goods and standards of workmanship of the quality and standard desorbed in the Contract Documents andor required by the Architet in accordance withthe provisions of the Contest Unless designed by the Architect or Consultant, the Contractor shall be fully responsible for the adequacy, stability and softy ofall temporary works and ofall methods of construction ‘of the Works. inespective of any approval by the Architect or Consultant. I txe Contactor proposes any alternative design to that specified in the Works or if the Contact leaves any matter of design, specifcation or choice of materials, goods and ‘workmanship (othe Contractor, the Contractor shall ensure that such works are it for its purpose. The copyright of the Contractor's design and altomative design belongs to the Contractor, but the Employer shall be eniled to use dhe design and alteative design for the completion, maintenance, repair and fuaure extension of the Works. The seceprance by the Architect or Consultant of the Contractor's design and alternative design shall not relieve the Contractor oFhis responsibilities under the Contact. The Contractor shal use the Contract Documents and any other subsequent documents issued by the Architect fo plan the Works prior to exceation. If uring the said planning and subsequent execution of the Works, the Contractor finds any discrepancy in or divergence between any of the Contract Documents and any subsequent documents fsued by the Architect, he shall give t0 the Architect a written notice in sufficient time before the commencement of construction of the affected works, specifying the discrepancy or divergence fo enable the Architect issue written instructions within a period which would not materially delay the progress ofthe affected works, having regard to the Completion Date. Suc diserepency oF divergence shell not vtiate the Contract. Architect's Instructions (AL) The Contractor shall subject to Clauses 22 and 2.3 forthwith comply with all instructions issued to him by the Architect in regard t0 any mater in vespect of which the Architect expressly empowered by these Conditions to issue insinction. All instructions issued by the Architect shall be in writing expressly entitled “Architect's Instruction” (AU). All other forms of written instructions including drawings isued by the Architect shall bo an Al 22a) upon writen confirmation fom the Contractor entitled “Confirmation of Architects Instruction” CAL} oF 22(b) upon subsequent confirmation ofthe written insruetions by the Architect with anal Upon reccipt of a written instruction ftom the Architect, the Contractor may request the Architect to specify in writing which provision ofthese Conditions empowers the issuance ofthe seid instruction and the Architect shall forthvth comply with such a request. If the Contractor thereafter complies with the ssid instuction without invoking any dispute resolution procedure under the Contract to establish the Architet’s power in that regard, the instruction shall be deemed to have been duly given under the specified provision, {the time of compliance [which shall not be less than seven (7) Days from receipt ofthe Al] is stated by the Achitect inthe Al and the Contactor does not comply therewith then the Employer may, without prejudice to any other rights and remedies waich he may possess under the Contract, employ and pay other Person lo execute any work which may be necessary to give effect o such instruction. The cost of employing other Person and any «additional cost inthis connection shall be set-oftby the Employer under Clause 30.4, Contract Documents, Programme And As-built Drawings ‘The Contract Documents are to be read as mutually explanatory of one another. In the event of any conflict or inconsistencies between any ofthe Contract Document, the priority in the interpretation of such documents shall be in the following descending order: Custody of tender documents Copies of documents Purther ddeavings or details Works Programme Programme not part of Contrast Arehitet’s acceptance of programme Availability of documents Limitation of use of documents ‘PAM Corr: 2018 (Without Quanto) 32 33 34 38 37 38 39 3.10) the Leer of Award 3.10) the Articles of Agreement: 3.(@) the Conditions of Conerat: 3.44) the Contract Drawing 3.106) the Contract Bills: and 3.4) other documents incorporated in the Contract Documents, unless expressly stated to be excluded in any ofthe Contract Document. ‘The original tender documents shalt remain in the custody of te Architect sa as to be availabe at all reasonable times for inspection by the Ermployer and Contractor. Within fourteen (14) Days after the award ofthe Contract or on any date afte the award as agreed between the Architect and tke Contactor, the Architect shall without charge to the ‘Contractor provide hin wit 3.3(@) —_0w0(2) copies ofthe Contract Drawings: and 3.3(0) 190 (2) copies ofthe unpriced Contract Bills, Within fourteen (14) Days after the exeention of the Contact, the Architect oF Quantity ‘Surveyor shal also without charge to the Contactor provide him with one (I) signed eopy ‘of the Contact Documents. ‘When necessary, the Architect shall without charge to the Contractor famish hima with two 2) copies of further drawings, details, levels and any other information as are reasonably necessary ether fo explain and amplify the Contact Prawings or to enable the Contractor to compiete the Works in accordance with these Conditions. Ifthe Contactor requires any further drawings, details, levels and any other information, fe shall specially apply in ‘writing to the Architect for these items in suficent time before che commencement of construction of the affected works (0 enable the Architect to issue instructions within a period whieh would not materially delay the progress of the affected works having regard fo the Completion Date. Within twenty one (21) Days ftom receipt of the Leter of Award (or within such longer period as may be agreed in writing by the Architect), dhe Contractor shall provide to the Architect for his information, six (6) copies of the Works Programme (unless a higher rnumier i state nthe Contract Documents) showing the order in which he proposes £0 camry out tte Works. The Works Programme shall comply with aay requirements specified in the Contract Documents. [the Works or any part of the Works és delayed for whatever reason, the Architect may instruct the Contactor to revise the Works Programme. The Contractor without charge to the Employer, shall provide the Architoot from time © tne with similar umber of copies of any revised Works Programme. The Works Programme shall not constitute part of the Contract, whether physically incorporated or not into the Contact Decuments, ‘The acceptance by the Architect ofthe Works Programme shall not relieve the Contractor ‘of his obligations, duties or responsibilities unde the Contract The Works Progranue may be used by the Architect ¢© monitor progress and the Architet is entitled 1 rely on the ‘Works Programme as a basis for the assessment of extension of time and tho effect ofthe Aelay and/or disturbances to the progress ofthe Werks, ‘The Contractor shall keep a copy of the Contract Drawings and the unpriced Contraet Bills fon the Site to be available to the Architect and Consultant and their authorised representatives at al reasonable times. ‘None of the Contract Documents in Clause 3.1 shall be used by the Contractor for any ‘purpose other than the Contraet. Except for the purpose ofthe Contract, the partes shall not sisclose any ofthe rates and prices inthe Contract Bills to any eter party. 10 Asbullt Drawings and operation and ‘maintenance manuals Statutory requirements Inconsistencies with statutory requirements Conform statutory obligations 1g t0 Fees, levies and charges Standards of works, materials, ‘goods and workmanship Provision of vouchers Inspection and testing PAM Contract 2018 Without Quantes) 40 4a 42 43 44 so 5 62 63 ‘The Contractor shal supply and shall cause any Nominated Sub-Contractor to supply As built Drawings andior operation and maintensnce manuals specified in the Contract Documents and/or Nominated Sub-Contract documents in the manee and within the time specified therein. Where these are not specified, the Contractor shall supply and shall ‘ensure that the Nominated Sub-Contractor supplies four (8) copies of the abave items before the Complerion Date Statutory Obligations, Notices, Fees And Charges ‘The Contractor shall comply with and submit all noticos required by any laws, regulations, by-laws, terns and conditions of any Appropriate Autherity and Service Provider in respect ‘of te execution of the Works and all ernporary works. {the Contractor finds any inconsistencies berween the Contract Documents (inluding aay subsequent document issued by the Architee) and any laws, regations, by-laws, terms and conditions of any Appropriate Authority and Service Provider, he shall immediately speci the inconsistencies and give to the Architect a writen notice before commencement ‘of constuction ofthe affected works, within seven (7) Days of having given wniten notice tothe Architect, the Contractor does not receive any AI in regard to te matters ecified in Clause 4.2, he shall proceod with the work to conform to such laws, regulations, byclaws, terms and conditions of any Appropriate Authority and Service Provider. Any changes so necessitated shall be deemed (obe a Vacation required by the Architect. The Contractor shall pay and indemnify the Employer against any liability in respect of any fees, levies and charges including any penalties which may arise from the Contractor's non= compliance with eny laws, regulations, by-laws, terms and conditions of any Appropriate Authority and Service Provider in respect of the execation of the Works and all temporary works, Ifthe Contractor fils to pay the Employer may pay such emouat and such amount ‘ogether with any additional cost in this connection shall be set-off by the Employer under Clause 304. Levels And Setting Out OF The Works The Acchitect shall determine all levels which may be required forthe execution of the ‘Works ané shall provide the Contactor with cravings and infomation to enable the Contactor to set out the Works. The Contacir shall at his own cost rexify any eors fom any inaccurate setting out. With the consent ofthe Employer, the Architect ‘nay inset that such eros need not be resid subject an appropriate dection tobe set-off bythe Employer under Clause 30.4. Materials, Goods And Workmanship To Conform To Description, Testing And Inspection All works, materials, goods and workmanship shall be of the respective quality and standards desribed inthe Contract Documents and required by the Architect in accordance ‘with the provisions ofthe Contract. ‘The Contrector shall upon the request of the Architect, provide him with vouchers or such ‘other evidence to prove thatthe materials and goods comply with Clause 6.1 ‘The Contactor shall provide samples of materials ond goods for testing before incorporation into the Works. The Architect may issue an AI requiting the Contractor to ‘open up for inspection any work covered up, or fo arrange for or Cary Out any test on any ‘materials and goods already incomporated in the Works or of any executed work. The cost ‘of such opening up or testing together with the cost of aking good shall be added to the Contract Sum unless: 6.3(@) the costs provided for in the Contract Bills, 6.3(b) the inspection or test shows thatthe works, materials and goods were not in accordance with the Contract; oF 63(¢) the inspection or test was in the opinion of the Architect required in consequence of some prior negligence, omission, default and/or breach of contact by the Contractor. u Contractor's 64 ‘The provisions of Clauses 6:2 and 6.3 shall not relieve the Contrector of his obligations to obligation not execute the work and supply materials and goods in accordance withthe Contact. relieved Work notin 65 If the Architect finds any work, materials, goods or workmanship which is not in accordance with accordance with the Contract, the Architect shall instruct the Contractor in writing: ‘the Contract 65(a) te remove fiom and not to bring Co the Site such materials and goods: 65(b) 0 demolish and construct such work to comply with the Contract: 65¢) 10 retify such work ss insicted by the Architect with no adjustment fo the Contract Sam: 6.56) to submita method statement within seven (7) Days from receipt of the written ‘ instruction (or within such period as may be specified by the Arehiteet in the instruction) proposing how such works, materials, goods or worlenanhip ean be rectified. Ifthe Architect accepts the Contractor's proposal, the Contactor shall carry out the reification work with no adjustment to the Contract Sum ‘oF altematively, the Architect may rejeet the proposal and issue any oxher ‘written instruction under this clause; 6.5(¢) with the consent of the Employer, to leave all or any such works, materials, goods or workmanship in the Works subject to an appropriate se-ofT by the Employer under Clause 30.4 and the Contractor shall remain liable for the Nocomponsation 6.6 ‘Compliance by the Contractor with a written instruction issued under Clause 6.5 shal not for time and cost entitle the Contracor to an extension of time nor compensation for any oss and/or expense that may be ineurred. Failure of| 67 the Contractor fails or refuses to comply with a written instruction ofthe Architect issued Contractor to ‘under Clause 6.5, the Employer may without prejudice to any other rights or remedies comply which he may possess under the Contract, employ and pay other Person to earry out the subject matter ofthe writen instruction. All costs incurred including any loss and expense shal be set-off by the Employer under Cisuse 30.4 ‘Warrantiesin 68 Ifthe Contract requires any manuficture, sub-contractor or supplier to give a warranty or respect of ‘guarentee in respect of any proprietary systems, materials and goods supplied, the materials and Contractor shall procure such warranties or guarantees and submit to the Employer. The goods provision of such warranties or guarantees shal in no way relieve or release the Contactor fiom any liabilities under the Contact 10 Royalties And Intellectual Property Rights Indemnity to W Suiject to Clause 72, all royalties or other sums payable in respect of the supply and use in Employer carrying out the Works of any article, processes, inventions or drawings shall be deemed to have been included in the Contract Summ. The Contractor shall indemnify the Employer against ll claims, proceedings, damages, costs and expenses which may be brought sgainst the Employer or fo which he may be subjected to by reason of the Contractor inffinging or being held to have infringed any such intellectual property rights. Contractor's 12 ‘Wherein compliance witha written instruction, the Contractor has informed the Architect Siabilty to pay in writing that there may bo an infringement of intellectual property rigs but ihe Architect sill nstuets the Contractor in writing to comply, the Contractor shall not be liable for any such infringement. All royalties, damages or other monies which the Contracior may be liable to pay for such inffingement shall be sled to the Contract Sum, Government 13 Except where otherwise provided for in the Contract, the Contractor shall pay all royalties Government oyalies, levies, rent and all oher payments in connection with the Works, 80 Site Agent Site Agent 8 ‘The Contractor shall spoint a competent person fo be the Site Agent. The Site Agont for the purposes of the Contract shall be deemed to be the Contractor's authorised site representative. The Site Agent shall be assisted by such assistants and supervisory staf as necessary to execute the Works efficiently and satisactorly. The Site Agent shall be ‘employed fulltime on Site and in the event that he bas to be temporarily absent from the Site, the Contractor shall designate a deputy in his place PAM Contract 2018 (Without Quenites) 2 Instructions to Site Agent Exclusion of Person employed ‘on the Works ‘Access tothe Works Duty of Site Statt Direetions given by Site Statt Definition of Variation ‘iste Contract PAM Contac: 2018 (Without Quanies) 90 ou 100 10.1 102 M2 ‘The Contractor shall ensure tha the Site Agent and such assistants and supervisory stafFare capable of receiving directions or instructions in English or Bahasa Malaysia. The Site Agent shall be deemed to be authorised by the Contractor to receive any directions given by the Site Staff or instructions given by the Architect and any sech directions and instructions given shall be deemed to have been given to the Contractor. ‘The Architect may instruct the Contractor to emove the Site Agent or any Person under the employment or contol of the Contractor ffom the Site. The Architect shall not exercise this discretion unreasonably or vexatiously. On receipt ofa writen instruction, the Contractor shall immediately remove and replace such siaf¥or any Person within «reasonable time and such staf or Persoo so removed, shat aot again be employed on the Site. The Contactor shall not be entided to any extension of time and additional cost in respeet of any instruction given by the Architect under this elnuse. Access To The Works The Architect, Consultant and theic authorised representatives shall a all times have reasonable access to the Works and tothe Factories, workshops or other places where any constrction plant, materials, goods and work are being fabricated, prepared or stored for the Contract. The Contractor shall ensure that all sub-contreets contain provisions entitling the Architect, Consultant and heir authorised representatives to have such access. Site Staff ‘The Employer may from time to time sppoint such number of Site Staff as the Employer shall deer necessary. The Site Staff shall act as inspectors under the direction oF the ‘Architect and the Contractor shall provide reasonable ficlities forthe performance of such duties. Any directions given to the Contractor or his Site Agent by the Site Staff stall be of no coffet, unless given in writing in regard 10 a matter in respect of which the Site Staff have been expressly authorised in writing by the Architect. All such directions involving a Variation shal be of no effect, unless confirmed by an Al. Variations, Provisional And Prime Cost Sums ‘The term “Veriation” means the alteration or modification ofthe design, quality or quantity of the Works including: 11.1@) the addition, omission or substitution of any work U1) the alteration of the kind or standard of any mates the Works; I and goods to be used in {11G) the removal fiom the Site of any work executed or materials and goods brought thereon by the Contractor forthe purposes of the Works other than. ‘work, materials and goods which are notin accordance with the Contract; and 11.104) any changes othe provisions inthe Contract with regard to: UA@G any LLU@G)— working space; Itai accesso or utilisation of any specie part ofthe Sites LILIG@Go) the excoution and completion ofthe workin any specific onde, and ULI@\) —theexecuton oftemporary works, bat shall exclude any changes intended to rectify any negligence, omission, default and/or breach of contract by the Contractor and such changes shal be executed by the Contractor entirely at his own eos. ‘The Architect may issue an AL ordering a Variation or sanctioning any Variation made by the Contractor. No Variation ordered By the Architect or subsequently sanctioned by him shall vitate the Contract. Pending the valuation ofthe Variations, the Contactor shall carry ‘out with due diligence and expedition all Variations so instructed. Issue of u3 Variations after Prnetieal Completion AlonP.C.Sums 114 and Provisional ‘Sums Valuation of us Variations and Provisional Sums ‘Valuation rules i PAM Contact 2018 (Without Queatitis) ‘The Architect may issue instructions in writing requeing @ Variation at any time before the issuance of the Certificate of Practical Completion. Thereafter. any Af requiring a Variation ‘must be necessitated by obligations or compliance with the requirements of any Appropriate Authority and Service Provider. ‘The Architect shail issue Alin cegard to the expenditure of P.C. Sums and Provisional ‘Sums included in the Contract Bills and of P.C. Sums which aise asa result of instructions {issued in regard tothe expenditure of Provisional Suns All Variations shall be measured and valued by the Architet. Upon completion of the Variations, the Contactor shall submit complete details and particulars as required by the Architect for valuation of Varions. Where any recording cf ste information andie site measurements ate esried out at the Site, the Contractor shall provide the Architect with such assistance as may be necessary to Carty out tke works and the Contractor shall be given the opportunity 2 he present to take such notes and measurements as he may requiee. [the Arehitet is ofthe opinion that the details and particulars submited by the Conwractor are insufficient to enable him to carry out the measurement and valuation, the Architect shall within twenty eight (28) Days flom receipt of the Contractor's submission, inform him of any deficieney in his submission and may require the Contractor to provide such further details and particulars within a futher wwenty eight (28) Days. When the Contractor has submitted sufficient details and particulars, the Architect shall measure and value the ‘Variations within thirty days (30) Days or any other extended date as agreed between tho Architect and Contractor, The valuation of Variations and work executed by the Contrctor for which a Provisional ‘Quantity is included in tbe Contract and the expenditure of Provisional Sums (other than for ‘work for which a tender had been eccepied under Clause 27.14) shall be made in ‘ccardance with the following rules: 11.6(a) where work is ofa similar character fo, is executed under similar conditions as, and does not significantly change the quantity of work as set out in the Contract Documents, the rates and prices in the Schedule of Rates shall ‘determine the valuation; 11.6(6) where work is of a similar character fo work as set out in the Contract Documents but is not executed under similar conditions or is executed under similar conditions but there is a significant change in the quantity of work ‘carted out, the rates and prices in the Schedule of Rates shall be the basis for

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