Professional Documents
Culture Documents
- when MC choose to submit alternative design; such works are fit for its purpose
- to plan the works prior to execution ; imposed obligation to plan thus reduce late request for
info to resolve discrepancies.
2.2 Format of AI
- to be expressly entitled AI
a. Letter of Award
b. Articles of Agreement
c. Conditions of Contract
d. Contract Drawings
e. Contract Bills
2 x Contract Dwgs
2 x unpriced BQ
- no requirement to return
- if within 7 days not received AI, may proceed and deem VO.
- after providing all doc and testing, MC obligation still not relieved.
6.5 Works, Materials, Workmanship and Goods not in accordance with Contract
- recoverable from MC
- upon instruction to immediately remove and replace in time and not re-employed
- no effect unless :
- before CPC, anytime : after CPC only for compliance to authority req.
-quality and quantity Contract Sum shall be deemed to be what in Contract Bills.
- upon inclusion of value in Interim Cert, C deemed to hv warranted he has full title.
- if found false warranty, loss suffered by E shall be made good by C or shall be set-off under 30.4
- new clause introduced to tackle issue of C may not have adequate title to pass ownership to
E.
- written undertaking to complete and make good within specific time given to Arch AND
i) if there are minor works and defects; date of receipt of C written undertaking
- E may :
ii) employ n pay other Person to complete the works. Shall be set-off by E.
- if C failed, E may employ and pay other Person and cost incurred to be set-off
- Arch with consent from E may accept defect with appropriate deduction.
- Arch may issue instruction during DLP for making good critical defects within reasonable time
- if C failed to make good, E may employ and pay other Person to rectify and cost incurred to be
set-off.
a) if agreed no more defects, issue CoMGD. Date of CoMGD to be date of C's notice.
e) after all defects make good, issue CoMGD for the Occupied Part.
d) within 14 days after issuance of Cert. of Partial Comp. , issue a cert to release one moiety.
17.3 No sub-contracting
- except provided under the Contract, C shall not wholly or substantially sub-contract his Works.
18.0 Injury to persons or Loss And/or Damage of Property and Indemnity to Employer
C shall liable and shall indemnify E against any claim for injury or death of any persons
19.0 Insurance against injury to persons and loss and/or damage of property
19.1 C to insure against injury to Person and loss and/or damages of property
- take and maintain insurance in the joint names of E, C, sub-cons and all interested parties
- whether or not is caused by acts or negligence of the C, E, sub-cons and interested parties.
The policy shall cover third party liability for personal injury or death and damage to property.
c) an endorsement for waiver of all expressed and implied right of subrogation or recoveries
- to ensure payment
- prior to commencement of works take and maintain similar insurance to all foreign workers
iii - take and maintain insurance in the joint names of E, C, sub-cons and all interested parties
- C not entitled additional payment other than received from Insurance comp.
- take and maintain insurance in the joint names of E, C, sub-cons and all interested parties
If E failed to insure, C may take out and maintained the CAR insurance policy. C entitled to add to
the Contract Sum
- C not entitled additional payment other than received from Insurance comp.
- take and maintain insurance in the joint names of E, C, sub-cons and all interested parties
- amount : Contract Sum + Value existing structure & contents + Prof fee + removal debris
If E failed to insure, C may take out and maintained the CAR insurance policy. C entitled to add to
the Contract Sum
- C not entitled additional payment other than received from Insurance comp.
If delay by E in giving site possession, Arch shall grant EOT, provided not exceed Period Of Delay.
If this happen, Arch to issue Cert of Sectional Completion when works complete
CPC, DLP, EOT, LAD and release of Retention Fund shall apply as if each section was a separate
and distint contract.
E may deduct the sum as a debt from any monies due to C or from Performance Bond.
LD shall not shown in payment certs and not subject to set-off procedures.
If Cert of EOT issued fixed the Completion Date later than previously issued CNC
Arch may re-issue CNC if works still not completed by the extended date.
- given within 28 days from AI, CAI or relevant event, whichever earlier
- Arch shall either reject or issue Cert of EOT within 6 weeks from receiving sufficient info.
24.0 Loss and/or expense caused by matters affecting the regular progress of the Works
24.1 C may claim for such loss and/or expense provided that :
- given within 28 days from AI, CAI or occurrence of the matter, whichever earlier
Notes : All matters (a to n) under 24.3 have equivalent Relevant Events under 23.8. Therefore
those entitle for L&E may also claim for EOT but not all entitlement for EOT may claim for L&E.
E may determine the employment of the C if: (but not determine the Contract)
(nevertheless, E is advised to notify C that his employment hv been determine unedr this clause)
- if required by E or Arch, within 21 days, shall assign to the E any agreements to continue hire
construction plants or equipments
Arch or QS within 6 months from completion of works to submit final account to E and C
- if the actual cost to complete MORE than the original Contract, the C to bear the difference.
- if the actoal cost to complete LESS than the original Contract, C to be paid of the difference.
b) If any dispute;
Upon receipt of the determination notice, C to surrender site possession within 14 days.
- even if the notice itself being disputed, C still to leave site and remedy limited to compensation
of damages only.
This clause shall not prejudices E's other rights in the contract.
a) fail or neglect to pay amount due in Cert within Period of Honouring Cert.
d) if before CPC, the works wholly or substantially suspended beyond Period of Delay due to:
i) AI issued by Arch under Clause 1.4 (discrepancy between docs), 21.1 (commencement and
completion) and 21.4 (postponment of suspension of works)
iv) opening up for inspection except if found works NOT in accordance to Contract
- to give written notice of default - by hand or registered post - specifying the default
a) C shall within 14 days, remove from site all his belongings and facilitate NSC to do the same.
E to pay the C total value of works properly done and value of materials on site, incl loss /
b) expense to the C due to determination.
a) if FA not disputed within 3 months, the accounts deemed conclusive and agreed.
if ( Amount in Final Account ) - ( Amount Previolusly Paid ) = +VE. E to pay to C the balance.
if ( Amount in Final Account ) - ( Amount Previolusly Paid ) = - VE. C to pay to E the balance.
b) if FA disputed by E;
i) within 3 months from receipt of FA, shall gv notice to C setting out the disagreement w
particulars
ii) then within next 3 months, C to amend or or decide not to amend the FA
iii) if E still disagree, within next 3 months to refer the dispute to arbitration (Cl 34.0). If not, FA
deem conclusive and agreed.
in favour of such person nominated by Arch to supply and fix materials and goods or to execute
works referred to as NSC
- If NSC propose alternative design or the sub-contract leave design, spec, materials, goods and
workmanship to the NSC, the NSC (not main C) shall be responsible that the works are fit of its
purpose.
a) carry out and complete the sub-contract works to the satisfaction of C and Arch.
observe, perform and comply with all provisions of the Contract as so far they relate and apply to
b) Sub-Contract
e) complete within the period specified. C shall not grant EOT without recommendation of Arch.
Any breach of sub-con by main C, main C solely responsible to grant EOT to the NSC.
when the works practically completed, request Arch to issue cert to that effect. If Arch in the
f) opinion the works completed, shall issue the cert.
if NSC failed to complete the sub-contract works within the period, NSC shall pay the C loss /
g) expense OR agreed LD.
payment to NSC to be made within 7 days after Period of Honoring Cert subject to retention and
h) deduction allowed under sub-contract.
-In issuance of payment cert, Arch shall direct the C of the value of works and materials supplied
by NSC and shall inform the NSC in writing of the value (less retention and deduction by C allowed
under the sub-contract).
- Arch may request C to proof that all amount due to NSC hv been discharged.
- if C hold any payment under Cl 16.1 and 23.13 of sub-contract, C shall provide detail.
- If C failed to comply, Arch may issue cert stating the outstanding amount to NSC.
- Arch may issue the cert regardless an Interim Cert due or not.
- if Arch wishes to make final payment to NSC b4 final paymeny due to main C,
- and the NSC has indemnified the C against any liabilities under the sub-contract,
- Arch shall issue cert to the C and the C shall pay NSC the amount, subject to any retention and
deduction allowed under the sub-contract.
- upon final payment to NSC, the Limit of Retention Sum as per Appendix shall be reduced by the
sum released to the NSC.
C shall ensure NSC carry out his works in accordance and in compliance with the sub-contract.
ii) MINUS sum payable to previous NSC (contract amount of previous NSC ).
iii) after consedering sum recoverable from previous NSC ( amount already in the previous NSC
contract to complete remaining works )
C may entitled for EOT but not entitled to any damages, loss / expense (due to renomination).
If NSC determine his own emplyment due to C defaults, Arch shall re-nominate another NSC.
C shall (only) be paid same sum as payable to previous NSC (contract amount of previous NSC).
If PC Sums are included in the Contrat Bills, C shall be permitted to tender for PC Sums.
in favour of such person nominated by Arch to supply any materials and goods to be fixed by C
referred to as NS
The NS shall :
a) that ensure the materials and good supplied are of the quality and standard specified.
b) make good any defects in the materials or good supplied within DLP provided that:
i) such defects are not such that examination by the C ougt to hv revealed them before use.
payment to NS to be made within 7 days after Period of Honoring Cert subject to retention and
e) deduction allowed under sub-contract.
C may object the nomination based on financial standing, insolvency or technical competence of
the nominated sub-con.
C shall retain percentage sum as per Appendix not more than 5% of NS's sum.
29.1 C shall permit execution of works not forming part of contract by craftmen …. etc
- If C failed to submit payment application, deemed to hv waived his entitlement for IC.
- after CPC issued, IC shall be issued as and when further payment ascertained by Arch
Arch shall not be entitled to revised or correct any certs issued except for clerical, computational
or typograhical errors.
15.3 (b) - CPC - making good minoor defects: third party making good defects.
E or A gv C written notice (by hand or registered post) specifying his attention to set-off, the
amount and the ground for set-off. The notice shall be made at least 28 days before set-off
b) deducted from any payment by E.
Any set-off shall be recoverable from the C as (i) a debt or from (ii) any monies due or to become
due and/or from Performance Bond.
If C dispute amount of set-off, shall within 21 days send to the E reasons and particulars of the
disagreement.
If both unable to agree within 21 days after C response, either party may refer to adjudication
under 34.1
E may retain percentage of total work done, materials and goods (in Cl 30.2) as stated in the
Appendix as Percentage of Certified Value Retain.
When the amount retained equals the amount stated in Appendix as Limit of Retention Fund, no
further amount shall be retained.
The amount could be reduced by Cl 16.1(d) and 16.1(f) [CPC for Partial Possession] and/or 27.7
[Final payment to NSC]
- if any party request for RF to be paid into a trust account, the fund shall be paid to the escrow
account within 14 days.
- if E wish to deduct from the RF (afor reasons allowed under contract), he shall informed
b) relevant party in writing.
c) upon issuance of CPC, Arch to issue within 14 days cert to release one half (50%) of the RF.
d) upon issuance of CMGD, Arch shall issue within 14 days cert for the remaining amount of the fund.
If Arch / Consultants inform C in writing of their withdrawal from supervision for execution of
Works required under UBBL for whatever reasons;
- he shall take separate cessation insurance (i) for all risk under Cl 19, 20A, 20B or 20C and (ii) for
whole period of suspension
- additional cost for (i) protection and (ii) insurance, shall be added to Contract Sum.
Final Account shall be completed within (another) 6 months from receipt of the docs.
If C failed to submit docs, Arch / QS shall complete the Final Account based on available info,
within the `Period to complete the Final Account' in the Appendix.
a) If within 3 months not dispute by E or C, the FA shall be conclusive and deemed agreed.
If either party dispute, shall submit written notice specifying the disagreement within another 3
b) months.
If E or C still disgreeing, within another 3 months shall refer the dispute to arbitration (Cl 34.0).
a) adjustment made to the Contract Sum - eg: variations (11.7), L&E claims (24.4)
b) amount Arch consider C entitled under Contract - eg : opening up (6.3), property right (7.2)
c) omission of all PC Sums and substitute with amount payable by E to NSC and NS
e) LD imposed ( Cl 22.1 )
f) set-off by E ( Cl 30.4 )
Unless refered to arbitration under 30.10, the FA shall be conclusive and deemed agreed except
error by :
b) arithmetical errors
Arch may issue Penultimate Cert for release of retention sum or any other outstanding amount to
the NSC or NS,
a) within 21 days from Period of Honouring Cert for payment of the Penultimate Cert OR
- but not conclusive evidence that Works, materials and goods are in accordance to the Contract.
Within 14 days after determination, Arch may issue AI instructing protection of Works,
- unless if C unable to execute the AI within 3 months, C may inform Arch and abandon the Works.
After 14 days from determination or after completion of protective works or abandonment of the
Works, provision Cl 26.4 shall take place (26.4 - Right & duties of E and C after determination)
a) the occurance of such war damage shall be disregarded in computing amount payable to C.
c) C shall make good such war damage and proceed to complete the Works.
33.0 Antiquities
For dispute under 30.4 (set-off by E), adjudication is a condition precedent to arbitration.
- if after 21 days from notice to concur the adjudicator, failed to agreed, the initiated party shall
apply to President PAM to appoint.
If a party dispute the adjudicator's decision, he shall bound with the decision till CPC,
- but shall give notice to refer dispute to arbitration 6 weeks from the decision.
The decision shall be final and binding if not referred to arbitration within stipulated time.
rights and liabilities under Cl 25.0 (Determination by E), 26.0 (Determination by C), 31.0
c) (Outbreak of Hostilities) and 32.0 (Antiquities)
any party may serve notice to the other party that such disputes shall be referred to an arbitrator
a) to be agreed by both,
if failed to concur on the appointment of an arbitrator, then after 21 days the initiated party may
b) apply to PAM's President to appoint.
a) to ractify Contract
c) ascertain and award any sum which shd hv been included in certs.
f) to award interest from any dates, at any rates and at any rest
If dispute between E and C relates to NSC, in connection with the same dispute between C and
NSC, try their best to appoint same arbitrator.
Unless w agreement of E and C, arbitration proceeding shall not commence until after CPC or
determination except on :
35.0 Mediation
If failed to agree on the mediator, any aprty can apply to PAM's President
36.0 Notice
a) hand
c) facsimile transmission
- sufficient to show;
- shall be sent to the address stated in Articles of Agreement unless notified otherwise.
- for sum as stated in the Appendix (if not stated 5% of contract sum)
- in the form with terms and conditions specified in the Contract or approved by E
- if not completed by Completion Date, shall extend to expiry 3 months after projected Practical
Completion.
If C failed to comply, E entitled to withold or deduct amount equal to Performance Bond from any
payment due.
If C determine himself under 26.0, E to return the Performance Bond within 28 days for
cancellation.