Agreement And Conditions Of PAM Contract 2006 (Without Quantities)‘Table of Contents Articles Of Agreement Preliminary Recitals Articles Article Article 2 Article 3 Article 4 Article 5 Astle 6 Atle 7 Aaticle 8 Date of agreement Parties to agreement and their addresses ‘The nature of the works andthe location The drawings Contactors Obfigeions Contract Sum Architect Engineer Quantity Surveyor Specialist Consultant Definitions Meanings Attestation/Signatories Of The Partios ‘The Conditions Of Contract Clause 10 t 12 13 4 20 21 22 23 2a 30 3 Contractor's Obligations ‘Completion of Works in accordance with Contract Docaments| ‘Temporary work and construction method Contractor's design and responsibilities Diserepancy or divergence between documents Architect's Instructions (‘AP Contractor to comply with Al AL Provisions empowering instructions Failure of Contractor to comply with AT Contract Documents, Progr Contact Docurnents Custody of tender documents Copies of documents Further drawings or details Works Programme Programme not pert of Contract Architect's acceptance of programme ‘Availability of documents Limitation of use of documents ‘As-built Drawings and operation and maintenance manuals Statutory Obligations, Notices, Fees And Charges Statutory requirements Inconsistencies with statutory requirements PAM Contract 2006 (Without Quantities) Page‘Table of Contents (Cont'd) ‘The Conditions Of Contraet (Cont'd) Clause 43 44 so 3 60 61 62 63 6a 65 66 67 68 100 104 102 110 HI n2 n3 a us 16 47 Hg. ng. 120 RI 122 130 Ba 140 lat 142 43 144 150 151 152 153 134 Conforming to statutory obligations Fees, levies and charges Levels And Setting Out Of The Works Setting out ‘Materials, Goods And Workmanship To Conform To Description, Testing And Inspection Standards of works, materials, goods and workmanship Provision of vouchers Inspection and testing Contractor's obligation not relieved Work notin accordance with the Contract ‘No compensation for time and cost Failure of Contracior to comply ‘Warranties in respect of materials and goods Royalties And Intellectual Property Rights Indemnity to Employer Contractors Fablity to pay Government royalties Site Agent Site Agent Instructions to Site Agent “Exclusion of Person employed on the Works ‘Access To The Works ‘Access tothe Works Site Staft Duty of Site Staff Directions given by Si Staff Variations, Provisional And Prime Cost Sums Definition of Variation [No Variations required by Architect shal vi Issue of Variations after Practical Completion ‘Alon P.C. Sums and Prov Valuation of V Valuation rules ‘Additional expense caused by Variation ‘Access to Contractor's books and documents ‘Variations and addtional expenses added to Contract Sum ‘Quality And Quantity Of The Works Quality and quantity of the Works ‘Lamp Sum Contract Contract Sum Contract Stam not to be adjusted or altered Materials And Goods Matetials and goods not to be removed Materials and goods included in certificates Responsibility for materials and goods ‘Warranty of title of goods and materials Practical Completion And Defects Liability Practical Completion Cerificate of Practical Completion Gontraccor's failure to comply with undertaking Schedule of Defects PAM Contract 2006 (Without Quantities) Page oo‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont’é) Clause Iss 156 160 161 162 163 170 int 172 173 180 181 182 183, Ia 21 22 23 23.0 2.1 232 Instruction 19 make good Defects Certfieate of Making Good Defects Partial Possession By Employer Possession of Occupied Part with consent Possession of Occupied Part without consent Contractor to remove equipment Assignment And Sub-Contracting ‘Assignment by Employer Assignment by Contractor ‘No sub-contracting Injury To Person Or Loss AndiOr Damage Of Property And Indemnity To Employer CContracor's indemnity agains injury or death ‘Contracor’s indemnity agains loss and/or damage Conizctor's indemnity against claims by workmen Indemmities not to be defeated Insurance Against Injury To Person And Loss AndiOr Damage Of Property Contractor to insure against injury to Person and loss and/or damage of property Employee's social security scheme for local 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 works ‘Additonal 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 to insure Application of insurance elsim proceeds Insurance Of Existing Bullding Or Extension — By The Employer Employer’ risks - existing building or extension ‘Additonal risks required by the Contractor Maintenance of insurance by Employer Failure of Employer to insure ‘Application of insurance claim proceeds Date Of Commencement, Postponement And Date For Completion Commencement and Completion Sectional Commencement Dates Sectional Completion Dates Postponement or suspension of the Works Damages For Non-Compl Liquidated Damages and Certificate of Non-Completion Agteed Liguidated Damages amount Cerificate of Non-Completion revoked by subsequent Certificate of Extension of Time Extension Of Time Submission of notice nd particulars for extension of time Delay by Nominated Sub-Contractor PAM Conte 2006 (Without Qusntiis) Page «i‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont’é) Clause 23 234 235 236 239 238 239 23.10 240 24.1 242 243 a 250 25.1 252 253 254 255 256 25.7 258 260 261 262 263 264 265 266 267 210 211 212 73 214 215 216 217 278 219 21.10 241 212 2713 204 280 281 282 283 284 285, 286 287 288 Insufficient information Certificate of Extersion of Time Other consideration for giving extension of time Contractor to prevent delay “Notification 1o Nominated Sub-Contractors Relevant Events . Extension of ime after te issuance of Cerificate of Non-Completion Architect's review of extension of time efter 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 regular progress ofthe Works ‘Access to Contractor's books and documents Matters materially affecting the regular progress ofthe Works Loss and/or expense to be included in certificate Determination Of Contractor's Employment By Employer Dofaalts by Contractor Procedure for determination Contractor’ insolvency Rights and duties of Employer and Contractor Records of Works inal Accouat upon determination Remedy limited to damages only Employer's rights and remedies not prejudiced ‘Determination Of Own Employment By Contractor Defaults by Employer Procedure for determination Employer's insolvency Rights and duties of Contractor and Employer Records of Works Setlement of accounts ‘Contractor's rights and remedies not prejudiced Nominated Sub-Contractors .C. Sumis and Provisional Surms ~ Noroinated 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 Failure of Contractor to pay Nominated Sub-Contractors Final payment to Nominated Sub-Contractors Determination ofthe Nominated Sub-Contractor's employment Contracios’s responsibility for Nominated Sub-Contractors Employer na privity of Contract with Nominated Sub-Contractors Ro-nomination of sub-contracter due to determination by the Contractor ‘Re-nomination of sub-contractor due to determination by the Nominated Sub-Contractor ‘Contractor o recover additional expenses from Nominated Sub-Contractor ‘Contractor permitted to tender for P.C. Sums Nominated Suppliers P.C. Suns and Provisional Sums ~ Nomineted Suppliers ‘Nominated Suppliers and their obligations ‘Objection to nomination of suppliers ‘Action following objection of suppliers Value of materials and goods supplied by Nominated Suppliers Payment to Nominated Suppliers CCoateactor's liability for Nominated Suppliers Employer no privity of Contract with Nominated Suppliers PAM Contract 2006 (Without Quanites) Page 32.33 33 33 3 33 4 34 34 4 34.35 35 35 35 35 36 36 ww‘Table of Contents (Cont'd) ‘The Conditions OF Contract (Cont'd) Clause 200 29.1 300 30.1 302 303 304 305 306 30.7 308 309) 30.10 30.11 30.12 30.13 Bo. 30.5 30.16 3017 30 31 312, 313 314 20 321 322 330 31 a0 Bat 342 M43 3a 345 346 347 348 349 34.10 3411 350 35.1 352, 36.0 36.1 362 363 364 PAM Contrast 2006 (Withow Works By Craftsmen, Tradesmen Or Other Contractors Employed Or Engaged By Employer ‘Works by Employer's crafismen Certificates And Payment Payment application and issue of Architect's certificate ‘Amount due in Architect's ceificate Errors in payment certificate ‘Setoff by Employer Retention Fund Rules regarding Retention Fund Suspension of Works for non-payment ‘Compulsory suspension of Works Cessation insurance resulting from suspension ofthe Works Final Account Items in Final Account Conclusiveness of the Final Account Issuance of Penultimate Cerificate Issue of Final Certificate Final Certificate Final Certificate not conclusive Interest Outbreak OF Hostilities Hostilities - determination by Employer or Contractor Notices of determination Al regarding protective work Payment resulting from determination War Damage Procedures following war damage Definition of war damage Antiquities Antiquities property of Employer Adjudication And Arbitration Sctoff cisputes referred to ad} Notice to refer to adjudication ‘Adjudication Rules Decision ofthe adjudicator Disputes referred to arbitration Procedures for appointment of arbitrator Arbitration Act and Rules Powers of arbitrator Consolidation of azbitration proceedings Commencement of arbitration proceeding Asbitrator’s award to be final and binding on parties Mediation ‘Mediation under PAM rales Mediation does not prejudice the parties” rights to arbitration Notice Notice Notice deem served Proof of Notice ‘Written communication Page ©‘Table of Contents (Coat’d) ‘The Conditions OF Contract (Cont'd) Clause 310 37. 372 373 314 375 316 38.0 381 Performance Bond ‘Submission of Performance Bond Form of te Performance Bond Validity ofthe Performance Bond Failure to extend the validity Payments from the Performance Bond Return of Performance Bond Governing Law Governing Law PAM Contrac 2006 (Without Quanites) Page 43 B B a B B 8 woPAM CONTRACT 2006 (WITHOUT QUANTITIES) Articles Of Agreement This Agreements made oni nu bewween of (or whose registered office or business addres is situated at) . poeenenienensee (hereinafter called ‘the Employer") snd eeecteetectn ‘of (or whose registered office or business adress is situated at) se (hereinafter called “the Contractor’). Whereas ‘The Employers desirous of). (hereinafter called ‘the Works") at and bas caused drawings and Contract Bills showing and describing the work to be dane to be prepared by his Architect and Consultant, ‘And Whereas the Contractor has supolied the Employer witha fully priced copy of the said Contract Bills ‘And Whereas the said drawings numbered. 3") and the Contract Bills have been signed by or on bebalf ofthe parties inclusive (hereinafter refered to as ‘the Contract Drawis hereto. (1) Bri description ofthe Works, PAM Contract 2006 (Without Quantities) 1Now i is hereby agreed as follows: Article 1 For the consideration hereinafter mentioned the Contactor will upon and subject to the Contract cary cut and complete the Works shown upon and described by or refered 9 in the Contract, Article? ‘The Employer will pay the Contactor the sum of Ringgit Malaysia: eM > (hereinafter referred to as ‘the Contract Sum) or such ‘ther sum as shall become payable hereunder atthe times and in the manner specified inthe Contac Article3 ‘The term “the Architect” inthe Contract shall meaa . corn the event of such Person ceasing tobe the Aschitot for tbe purpose ofthe Contact, such other Person asthe Exaployer shall appoint within twenty eight (28) Days therefrom. No Architect so appointed shall be ented to disregard or overule any cenficate or «pinion of decision oF approval or instucton given by the preceding Architect Articled “The term “the Engineer in the Contract shall mean (@) Structural & Civil Engineer. (&) Mechanical & Electrical Engineer: PAM Coavact 2006 (Without Quanites) Contractor's Obiigations Contract Sum Architect Engineeror in the event of such Person ceasing to be the Engineer for the purpose of the Contract, such other Person as the Employer shall appoint within twenty eight (28) Days thereftom, ‘The Engineer shall perform the duties expected of his profession, and the Architect may fom time to time delegate soch duties and authority ofthe Architect to the Engineer as the Architect deems fit Articles “The tem ‘the Quantity Surveyor’ in the Contract shall mean or in the event of such Person ceasing to be the Quantity Surveyor for the purpose of the Coney, sch other Peso a5 the Employer sal appoint within snety cok 28) Days Uherfiom, The Quantity Strveyor stall perfor the dation expected o is profession, and the Architect may fom time to ine delegate such des and story of the Archie! 0 the Onan Sueyor asthe Architect deem ft Article 6 ‘The tem “the Specialist Consultant” in the Contract shall mean: ©. or in the event of such Person ceasing tobe the Specialist Consultant for the purpose of the Contract, such other Person as the Enaployer 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 ofthe Architect to the Specialist Consultant as the Architect deems fi PAM Contact 2006 (Withost Quanites) Quantity rveyor Specialist ConsultantArticle7 Inthe Contract Documents as hereafter defined, the following words and expressions shal have the meanings hereby assigned to ther, except where the context otherwise requires: (@ Appendix means the Appendix to the Conditions ofthe Contract; (6) Appropriate Authority means any statutory autherity havin jurisdiction over the Works: (©) Architect means the Person named in Article 3 and shall be a Professional Architect or any other form of practice registered under the Architects Act 1967 and approved by the Board of Azebitects, Malaysia; (@ Architect's Instruction or AI —as described in Cleuse 2.2; (© Astuilt Drawings means as-built drawings for works designed (including altemative design) by the Contractor andlor Nominated Sub-Contrecter and any ‘other as-built drawings required te be provided as specified in the Contract Documents; © Certificate of Extension of Time means the certificate ised under Clause 23.4; (@) Certificate of Making Good Defects means the certificate issued under Clause 156, (%) Certificate of Non-Completion means the certificate issued under Clause 22.1; © Ceftifcate of Partial Completion means the certificate issued under Clause 16.1; @ Certificate of Practical Completion means the cenificate issued under Ctause 1525 © Certificate of Sectional Completion means the certifieate issued under Ciause 213; (Clause means the clauses in the Conditions ofthe Contract, (=) Completion Date means the éste(s) or completion of the Works stated in the Appendix under Clauses 21.1 and 21.3 or the last extended date granted under Clause 23-4, (=) Conditions means the Conditions of the Contract; (©) Confirmation of Architect's Instruction or CAL as described in Clause 2.2; (©) Consultant means the Engineer, Quantity Surveyor and/or Specialist Consultant a8 appropriate, (@) Contract or Contract Documents comprise the following documents the Leter of Award the Articles of Agreement; the Conuitions of Contracts the Contract Drawings; the Contact Bills; and ‘other documents incorporated in the Contract Documents, unless expressly staied to be excluded therefrom; (Contract Btls comprise the following decuments (as may be applicable): ?) Instructions to Tenderers; ))Concitions of Tendering, (ii) Form of Tender; (iv) Preliminaries; (9). Preambles and Specificatin; (vi) Summary ofthe Tender (or Contract Sura): (vi) Schedule of Rates, and (ii) any other documents specifically mentioned in any ofthe above documents; PAM Contact 2006 (Without Quantities) Definitions© 0 © o w © o ) (a) (ab) (a) (ad) (ee) (a) (es) (et) co) wp Contract Sum means tho sum sisted in Article 2; ‘Contractor means the party named in the Articles of Agreement and includes the Contractors legel successors or personal representatives or any Person to whom the rights! and obligations of the Contractor have been transferred with the agreement of the Employer, ‘Contractor's All Risks Insurance (‘CAR Insurance’) means an insurance policy ‘which provides cover against any physical loss or damage to work executed and materials and goods under a standard CAR Insurance policy. The minimum insurance risks are specified under Clauses 19.0, 20.8 or 20.8 or 20.C, and the insurance shall have the appropriate endorsements. Any additions insurance risks in addition to thase sated in these Coaultions that are required to be covered under the CAR Insurance shall be stated inthe Contract Bills, Date of Commencement means the date(s) fixed and stated in the Appendix vader Clauses 21.1 and 21.2; ‘Day means calendar day including the weekly day of rest but excluding gazetted holidays in the location where the Werks is erred out, Defects means defects, shrinkages o athe faults due to materials or workmanship not in eecordance with the Contract and Nominated Sub-Contract and/or de 0 any feulty design (if any) undertaken by the Contractor and Nominated Sub- Contactor, Defects Liability Period means the period slated in the Appendix under Clause 154; [Employer means the party named in the Articles of Agreement and includes the Employer's legal successors or personal representatives or any Person-to whom the rights and obligations of the Employer have been transferred with the agreement of the Contrtor; Engineer means the Person named in Article 4 and shall be Professional Engineer or any other form of practice regisered under the Registration of Engineers Act 1967 and approved by the Board of Engineers, Malaysia, Final Account means the documents showing the adjustment ofthe Contract Sum issued under Clause 30.10; Final Certificate means the final certificate issued by the Architect under Clauses 30.14 and 30.15; Foree Majeure means any circumstances beyond the control of the Contactor ‘caused by terrorist acts, governmental or regulatory action, epidemics and natural disasters; Interim Certificates means the progress payment certificate issued by the ‘Architect under Clause 30.1; Letter of Award means the lttr of acceptance of the Contractor's tender issued by or en bebalf ofthe Employer; Limit of Retention Fund means the amount as stated in the Appendix under Clause 30.5; Lump Sum Contract means a fixed price Contract and i not subject to re- ‘measurement oc recalculation except for Provisional Quantities and Variations ‘which shall be valued under Clause 11.0; ‘Month means calendar moath; Nominated Sub-Contract means the contract entered into between the Main Contractor and the Nominated Sab-Contractor pursuant to & nomination by the Architect under Clause 27.2; PAM Const 2006 (Without uunites)(8) @ (am) @ co) () a) @ @s) @ (@) @) (@w) ) &) (w) (te) oy tbo) Nominated Sub-Contractor means a sub-conttactor nominated by the Architect under Clause 27.1; Nominated Supplier means supplier nominated by the Architect under Clause 281; PAM Sub-Contract 2006 means the form of contract as published by Pertububan Akitek Malaysia where the sub-contractor is nominated under the PAM Contract 2006; ‘Penultimate Certfieate means the payment certificate issued by the Architect for the release of monies to Nominated Sub-Coniractors and/or Nominated Suppliers under Clause 30.13; Performance Bond means the bond required tobe provided by the Contractor as security for the due performance of the contact under Clause 37.1; Period of Honouring Certificates means the period for honouring certificates stated in the Appendix under Clavse 30.1; Person means an individusl, sole proprietorship, firm (partnership) or body comporates 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 10 be executed by Nominated Sub-Contractor or for materials and goods tobe supplied by Nominated Supplier, Provisional cr Provisional Quantity means the estimated quantities of work provided ia the Contract Bills for work to be executed or forthe supply of any ‘materials and goods which cannot be determined or detailed atthe times Provisional Sums means the suns provided inthe contact anor the Nominated Sub-Contec for work to be exces or forthe suply of any materials and Goods hich cannot be foreseen, determined or deta the time, Quantity Surveyor means the Person named in Article $ and shall be a Registered Quantity Surveyor or any other form of practice registered under the ‘Quantity Surveyors Act 1967 and approved by the Board 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 accordance with Clause 30:5; Schedule of Rates means any documents however entitled or described und which {is intended tobe used for the purpose of valuing Variations; Service Provider means any company or body euthorised to provide water, clectrcity, telephone, sewerage and other related services; Site means the land and other places on, in, under, over oF through which the ‘Works are to be executed and is provided by the Employer forthe purposes of the Contract including other land and places obtained by the Contactor and accepted by the Employer as forming part ofthe Site; Site Agent means the person appointed under Clause 8,15 Site Statf means the person appointed 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 fora designated scope of professional work; PAM Contact 2006 (Without Quant)@e) ‘Variation means changes made to the Works as defined under Clause 11.1; (Week means a period of seven (7) consecutive days; (be) Works means the works described inthe Antcles of Agreement and referred (0 in ‘he Contract Documents and includes any changes made to these works in accordance with the Contract; and (Oh) Works Programme means the works programme described in the Contract Documents and ia Clause 3.5, Article 8 In the interpretation of the Contract, unless the context requires otherwise, the following shal apply: (@ Gender - words of one gender include th ether gender, and words denoting natural © © © © persons include corporations and fins and all such words are to be construed interchangeably in that manner; Headings and Marginal Notes -the headings and marginal notes in the Conditions ‘are not to be taken into consideration in the interpretation or construction of the ‘Conditions or ofthe Contract; Reference to legislation - a reference to any Acts is deemed to include references to any subsequent amendments, consolidation or replacement ofthe Acts; ‘Singular and Plural - words importing the singular also include the plural and vice versa where the context requires; and ‘Where any word or phrase is given a defined meaning, any other grammatical form ‘of that word or phase has corresponding meaning, PAM Contact 2006 (Without Quantities) MeaningsIN WITNESS WHEREOF * The hand of the Employer as been hereunto set the day and year) Signature of Employer... first above written inte presence of ) ) Name ) YINRICNO. cmon Signeture of Witness Name... NRICNo. * The Common Seal of... was hereunto affixed inthe presence of Signature of Ditet0Fensnnsnsnennnnnnnn Signature of DirectoSecretay*. Neme Name sone NRICNo, NRICNe. . ena IN WITNESS WHEREOF * The hend ofthe Contactor has been hereunto set the day and year) Signanure of Contractor first above writen inthe presence of: ) )Name ) )NRICNo.... Signature of Witness... ‘was hereunto affixed in the presence of: Signature of Director. Signature of DirectorSecretay*.... Name. Name NRICNO... NRICNO,vsosssesessse * Dele axaporopicte ‘The ffsing of tre Common Sea tb winston accordance with te Memorandum & Articles of Assocation ofthe Company. PAM Contac 2006 (Without Quatites)‘Completion of Works in accordance with Contract Documents ‘Temporary work ‘and construction method Contractor's design and responsibilities Discrepancy or divergence between documents Contractor to ‘comply with AL al Provisions empowering instructions Failure of Contractor to ‘comply with AI Contract Documents PAM Contract 2006 (Without Quotes) 19 13 14 20 24 22 23 24 30 al The Conditions Of Contract Contractor's Obligations ‘The Contractor shall upon and subject to these Conditions carry out and complete the ‘Works in accordance with the Contract Documents and in compliance therewith provide ‘materials, gods and standards of workmanship of the quality and standard described in the Contract Dociments and/or required by the Architect in uecordance with the provisions of the Contract, Unless designed by the Architect of Consultant, the Contractor shall be Fully esponsible for the adequacy, stability and saety-of ll temporary works and ofall methods of construction cof the Works, respective of any approval by the Architect or Consultant. Ifthe Contractor proposes any altemative design to that specified in the Works or if the Contact leaves any matter of design, specification or choice of materials, goods and ‘workmanship to the Contractor, the Contractor shall ensure tht such works are fit fr its purpose. The copyright of the Contracter’s design and alterative design belongs to the Contractor, but the Employer shall be entited.to use the design and altemative design for ‘he cormpletion, maintenance, repair and future extension of the Works. The acéeptance by the Architect or Consultant of the Contractor's design and alternative design shall not relieve the Contractor of his responsibilities under the Contact. ‘The Contractor shall use the Contract Documents and eny other subsequent documents iscued by the Architect to plan the Works prior to execution. If during the ssid planning and subsequent execution of the Works, the Contractor finds any discrepancy in or divergence bbenween any of the Contract Documents and aay subsequent documents issued by the Architect, he shell give to the Architect a written notice in sufficient time before the ‘commencement of construction of the affected works, specifying the discrepancy or divergence to enable the Architect to issue written instructions within a peciod which would not materially delay the progress of the affected works, having regard to the Completion Date. Such discrepancy or divergence shall not vifate the Contract, “Architect's Instructions AV’) ‘The Contractor shall subject to Clauses 2.2 and 2.3 forthwith comply with all instructions issued to bi by the Architect in regard to any matter in respect of which the Architect is ‘expressly empowered by these Conditions to issue instructions All instructions issued by the Architect shall be in writing expressly entitled “Architect's Instruction” (AL), All other forms of watten instructions including drawings issued by the ‘Architect shall be an Al 2.2{a) _upan writen confirmation from the Contractor entitled “Confirmation of Architect's Instruction” (CAL'S oF 2.2(8) upon subsequent confirmation ofthe writen instructions by the Architet with an AL. Upon resent of a writen instruction from the Architet the Contactor may request the Architect to specify in writing which provision ofthese Conditions emporers the issuance ofthe sid instruction and the Accitect shall forthwith comply with such a request. IF the Contractor thereafter complies withthe seid instruction without invoking any dispute resolution procedure under the Contact to establish the Architect's power in that regard, the instuction sal be deemed have been duly given under he speciid provision. Ifthe time of compliance [which shall not be less than even (7) Day frm receipt ofthe Al]is stated by the Architect inthe AI and the Contactor doesnot comply therewith then the Employer may, without prejudice to any other rights and remedies which he may possess under the Contract, employ and pay other Person to execste any work which may be necessary to give effet to such instruction. The eos of employing other Person ané aay ditional cos in his connection shall best-of bythe Employer under Clause 308 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 inthe {interpretation of such documents shall be inthe following descending order:Custody of tender documents Copies of documents Further drawings or etalls Works Programme Programme not part of Contract Architect's acceptance of programme Availabilty of documents Limitation of use ‘of documents Asbuilt Drawings and ‘operation and maintenance manuals PAM Contact 2006 (Without Quaites) 32 33 34 35 36 37 38 3.40 31G@) the Leterof Awards 310) the Aisles of agreement 3.10) the Canons of Contracts 31) the Comet Drawings 3.2 the Conoc ils nd 3.10 other documents incorporated in the Contract Documents, unless expressiy sated to be excluded in any ofthe Contract Document ‘The original tender documents shall remain in the custody of the Architect so as to be available at all reasonable times for inspection by the Employer and Contacte. Immediately after the execution of the Contract, the Architet shall without charge to the ‘Contracior provide him with: 3.Xa) one ofthe two signed original copies ofthe Contact Documents; 3.3(b) Wo (2) further copies ofthe Contract Drawings; and 33(€) two (2) copies ofthe unpriced Contract Bills. ‘When necessary, the Architest shall without charge to the Contractor fumish him with two @) copies of futher drawings, details, levels and any other information as are reasonably necessary ether to explain and amplify the Contact Drawings orto enable the Contractor to complete the Works in accordance with:these Conditions. Ifthe Contractor requires any further drawings, details, levels and.any cther information, he shall specifically apply in ‘writing to the Architect for these items in suficient time before the commencement of construction of the affected works to enable the Architect to issue instructions within a period which would not materially delay the progress ofthe affected works having regard to the Completion Date. Within tventy one (21) Days from receipt of the Letter of Award (or within such longer period as may be agreed in writing by the Architet), the Contractor shall provide to the Architect for his information, six (6) copies of the Works Programme (unless a higher ‘number is slated in the Contract Documents) showing the arder in which he proposes to ccamy out the Works. The Works Programme shall comply with eny requirements specified in the Contract Documents. Ifthe Works or any part ofthe Works is delayed for whatever reason, the Architect may instrct the Contractor to revise the Works Programme. The Contractor without charge tothe Employer, shall provide the Architect from time to time with similar numberof copies of any revised Works Programme, ‘The Works Programme shall not constinure part of the Contract, whether physically incorporated or not into the Contract Documerts, ‘The acceptance by the Architect of the Works Programme shall not relieve the Contractor ofhis obligations, duties or responsibilities under the Contract. The Werks Programme may be used by the Architect fo monitor progress and the Architect is ented to rely on the ‘Works Programame as a bass for the assessment of extension of time and the effect of the delay and/or disturbances tothe progress ofthe Works. ‘The Contractor shall keep a copy ofthe Contract Drawings nd the unpriced Contract Bills on the Site to be available to the Architect and Consultant and their authorised representatives at all reasonable times, ‘None of the Contract Documents in Clause 3.1 shall be used by the Contractor for any ‘purpose other than the Contract. Except forthe purpose of the Contact, he partes shall not disclose any ofthe rates and prices inthe Contract Bills to any other party. ‘The Contractor shall supply and shall cause any Nominated Sub-Contractor to supply AS built Drawings and/or operation and maintenance manuals specified in the Contract Documents and/or Nominated Sub-Coatract documents in the manne and within the time ‘specified therein. Where these are not specified, the Contracior shall supply and shall censure that the Nominated Sub-Contractor supplies four (4) copies of the above items before the Completion Date,Statutory requirements Inconsistencies ‘with statutory requirements ‘Conforming to statutory obligations Fees, levies and charges Setting out Standards of works, materials, goods and Workmanship Inspection and testing ‘Contractor’s obligation not relieved 40 at 42 43 44 30 sa 60 61 62 63 64 Statutory Obligations, Notices, Fees And Charges “The Contractor shall comply with and submit all notices required by any laws, regulations, by-laws, terms and conditions of any Appropriate Authority and Service Provider in respect ofthe execution ofthe Works and all temporary works. Ifthe Contractor finds any inconsistencies between the Contract Documents (including any subsequent dacuments issued by the Architect) and any laws, regulations, by-laws, tems ‘and conditions of any Appropriate Authority and Service Provides, he shall immediately specify the inconsistencies and give tothe Architect a written notice before commencement ‘of construction ofthe affected works. LE within sever (7) Days of having given written notice to the Architect, the Contractor does not receive any Al in regard tothe matters specified in Clause 4.2, he shall proceed with the ‘work to conform to such laws, regulations, by-laws, terms and conditions of any Appropriate Authority and Service Provider. Any changes so necessitated shall be deemed ‘bea Variation required by the Areitect. ‘The Contractor shall pay and indemnify the Employer against any ability in respect of any fees, levies and charges including any penalties which may arise ftom the Contractors non- compliance with any laws, regulations by-laws, terms and conditions of eny Appropriate [Authority and Service Provider in respect of the execation of the Works and al temporary works. Ifthe Contractor fails to pay, the Employer may pay such amount and such amount together with any additional cost inthis connection shall be set-off by the Employer under Clause 30.4, Levels And Setting Out Of The Works ‘The Architect shall determine all Ievels which may be required for the execution of the Works and shall provide the Contractor with drawings and information to enable the ‘Contraczor 10 set out the Works. The Contracior'shal at his own cost rectify any emors arising from any inaccurate setting out. With the consent of the Employer, the Architect ‘may instruct that such errors need not be revifed subject to an appropriate deduction to be set-off by the Employer under Cleuse 30.4 Materials, Goods And Workmanship To Confort To Description, Testing And Inspection All works, materials, goods end workmanship shall be of the respective quality and standacds deseribed inthe Contact Documents and required by the Architect in accordance With the provision ofthe Contract ‘The Contractor shall upon the request of the Architect, provide him with vouchers or such other evidence to prove that the materials and goods comply with Clause 6.1 ‘The Contractor shall provide samples of materials and goods for testing before incorporation into the Works. The Architect may issue an AI requiring the Contractor to ‘pen up for inspection any work covered up, orto arrange for or carry out any test on any ‘materials and goods already incorporated in the Works or of any executed work. The cost of such opening up or testing together with the cost of making good shall be added to the (Contract Sum unless: 6.2(a) _the cost is provided for inthe Contact Bills; 6.3(0) the inspection or test shows that the works, materials and goods were not in accordance with the Contract or 63(6) 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, ‘The provisions of Clauses 6.2 and 63 shall not relieve the Contractor of his obligations to execute the work and supply materials and goods in accordance withthe Contract,Work not in 65 accordance with the Contract Nocompensation 6.5. for time and cost Foilure of 67 ‘Contractor to comply ‘Warranties in 68 respect of materials and ‘goods 10 Indemnity to uM Employer Contractor's 72. liability to pay Government 13 royalties a0 Site Agent 84 PAM Contac 2006 (Without Quanites) If the Architect finds any work, materials, goods or workmanship which is not in ‘accordance with the Contract, the Architect shall instruct the Contactor in writing: 6.5(@) __toremove from and not to bring tothe Site such materials end goods; 6.500) to demolish and reconstruc such work to comply with the Contracts 656) to rectify such work as instructed by the Architect with no adjustment to the Contract Surs; 65(8) to submit a method statement within seven (7) Days from receipt ofthe written instruction (er within such period as may be specified by the Architect in the instruction) proposing how such works, materials, goods or workmanship eas ‘be restifed. Ifthe Architect accepts the Contractor's proposal, the Contractor shall carry out the rectification work with no adjustment to the Contract Sum, or altematvely, the Architect may reject the proposal and issue any other ‘written insiaction under this elause; of 65(@) wit the consent of the Employer, to leave all or any such works, materials, goods or workmanship in the Works subject ro an appropriate set-off by the Employer under Clause 30.4 and the Contractor shell remain fable for the Compliance by the Contractor with 2 written instruction issued under Clause 6.5 shall not atte the Contractor to an extension of time nor compersation for any loss andor expense that may be incured, Ifthe Contractor fils or refuses to comply with a wrtton instruction of the Architect issued under Clause 6.5, the Employer may without prejudice to any other rights or remedies Which he may possess under the Contract, employ and pay other Person to catzy out the subject matter ofthe writen instruction. Ail costs incured including any loss and expense shall be set-off by the Employer undér Clausé 20.4, che Contact requires any manufacturer, sub-contractor or supplier to give & warranty of guarantee in respect of any proprietary systems, materials and goods supplied, the ‘Contractor shall procare such warranties or guarantees and submit to the Employer. The ‘rovision of such warranties or guarantees shall in no way relieve or release the Contactor liom any liabilities under the Contract. ‘Royalties And Intellectual Property Rights ‘Subject to Clause 7.2, all royalties o other sums payable in respect ofthe supply and use in carrying out the Works of any anicles, processes, inventions or drawings shall be doenied to have been included in the Contract Sum. The Contracter shall indenuify the Employer ‘against ell claims, proceedings, damages, costs and expenses which may be brought aginst te Employer orto which he may be subjected to by reason ofthe Contractor infinging or ‘being held to have infringed any such intellectual property rights Where in compliance with a written instruction, the Contractor has informed the Architect in writing that there may be an infringement of intlletual property rights but the Architect still insets the Contactor in writing to comply, the Contactor shall not be lable for any ‘such infingement. Ail royalties, damages or other menies which the Contractor may be liable to pay for such infkingement shall be added to the Contrect Sun Except where otherwise provided for in the Contract, the Contractor shell pay all Goverment royalties, levies, rent and all other payments in eoaneetion with the Works, Site’Agent ‘The Contractor shall appoint a competent person to be the Site Agent. The Site Agent for the purposes of the Contract shall be deemed to be the Contractor's authorised site representative. The Site Agent sall be assisted by such assistants and gupervisory staff as necessary fo execute the Works efficiently and satisfactorily. The Site Agent stall be employed fulltime on Site and in the event that he has to be temporarily absent from the Site, the Contractor shall designate a deputy in his pace,Instructions to Site Agent Exclusion of Person employed ‘on the Works ‘Access tothe Works Duty of Site Staff Directions given by Site Staff Definition of Variation No Variations required by Architect shall vitiate Contract PAM Contact 2006 (Without uanites) 82 a3 90 91 100 101 102 110 na ‘The Contractor shall ensure thatthe Site Agent and such assistants and supervisory staff are capable of receiving directions or instructions in English or Bahasa Malaysia, The Site ‘Agent stall be deemed to be authorised by the Contactor to receive any directions given by the Site Staff or instructions given by the Architect and any such diroctions and instructions given shall be deemed to have been given to the Contractor. ‘The Architect may instruct the Contractor to remove the Site Agent or any Person under the employment or contro ofthe Contractor from the Site. The Architect shall not exercise this slscretion unreasonably or vexatiously. On receipt of a writen instruction, the Contractor shall immediately remove and replace such staff or any Person within a reesonable time and such staff or Person so removed, shall not again be employed on the Site. The Contractor shall aot be entitled to any extension of time and additional cost in’ respect of any instruction given by the Architect under this clause, ‘Access To The Works The Architect, Consultant and their authorised representatives shall at all times have reasonable access to the Works and to the factories, workshops or other places where any constriction plant, materials, goods end work are being fabricated, prepared or stored for the Contract, The Contractor shall ensure that all sub-contractsconiain provisions entitling the Architect, Consultant and their aulorised representatives to have such acess, Site Stat ‘The Employer may from time to time appoint such numberof Site Staff asthe Employer shall deem necessary. The Site Staff shall act as inspectors under the direction of the Architect nd the Contractor shall provide easonable facilites forthe performance of such duties Aay directions given to the Contractor or his Site Agent by the Site Staff shall be of no effect, unless given in writing in regard 19 a matter in respect of which the Site Staff have been expressly authorised in writing BY the Architoct, All such directions involving © Variation shall be of no effect, unless confirmed by an Al ‘Variations, Provisional And Prime Cost Sums ‘The term “Variation” means the alteration or modification ofthe design, quaity or quantity of the Works including: 11.1(@) the addition, omissioa or substitution of any work; 11.100) the alteration ofthe kind or standard of any materials and goods o be used in the Works; 111(@ 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 11.1(@) any changes tothe provisions in the Contact with regards to: 11@(D any limitation of working hows TA@X working spaces 11.1(@(i)_acco8s to or uilisation of any specific part of the Site; and 11.1(0}(iv) the execution and completion ofthe work in any specifie order, bat shall exclude any changes intended to rectify any negligence, omission, default and/or ‘breach of contract by the Contactor and such changes shall be executed by the Contractor entirely at his own cost ‘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 shal vitiate the Contract. Pending the valuation ofthe Variations, the Contracor shall carry ‘out with due diligence and expedition all Variations so instructed,Issue of Variations after Practical Completion Alon P.C. Sums ‘and Frovisional Sums Provisional Sums Valuation rules ‘Additional ‘expense caused by Variation PAM Contact 2006 (Without Quanites) na 4 us 116 7 ‘The Architect may issue instructions in writing requiing a Variation at any time before the issuance ofthe Certificate of Practical Completion. Thereafter, any Al requiring a Variation ‘must be necessitated by obligations or complisnce with the requirements of any Appropriate Authority and Service Provider, ‘The Architect shall issue AI in repatd to the expenditure of P.C. Sums and Provisionel ‘Sums included inthe Contact Bills and of P.C. Sums which arise a «result of instctions issued in regard to the expenditure of Provisional Sums ‘All Variations shall be measured and valued by the Architect. Where any recording of ste information end/or site measurements are carried out at the Site, the Contractor shall provide the Architect with such assistance as may be necessary to carry out the works and the Contractor shail be given the opportunity to be present to ‘ake such notes and measurements as he may require, ‘The valuation of Variations and work exeputed by the Contractor for which a Provisional ‘Quantity is inchuded in the Contract and the expenditure of Provisional Sums (other than for ‘work for which a tender had been accepted under Clause 27.14) shall be made in ‘accordance with the following rules: 11.6(@) where workis of similar character ‘ois exeeuted under similar conditions es, and does not significantly change the quantity of work as set out in the Contract Documents, the rales and prices in the Schedule of Rates shalt deermine the valuation; 11.60) swhere work is of a similar character to work as set out in the Contract Documents but is not executed under similar conditions or is executed undor similar conditions but there isa significant chango in the quantity of work carried out, the rates end prices inthe Schesale of Rates shall be the basis for detenmining the valuation which shall include a faie adjustment in the rates to ‘ake into aceount such difference; 11.662) where work is not of a similar character to work as set out in the Contact Documents, the valuation ball beat fir market rates and prices determined by tho Architect; 11.64) where work cannot be properly messured and valued in accordance with Cause 11.6(@,(b) or (6), the Contactor shall be allowed: 11.60} the daywork rates inthe Schedule of Rates; of 1.60) where thee are no such daywork rats in the Schedule of Rates, atthe actual cost to the Contracor of his materials, additional construction plant and scaffolding, transport and labour for the ‘work concemed, plus fifteen (15) percent, which percentage shall include for the use of all tools, standing plant, standing scaffolding, supervision, overheads and profit, In either case, vouchers specifying the time spent daily upon the work, the Workers’ names, materials, additional construction plant, scaffolding” end ‘transport used shall be signed by the Site Agent and verified by the Site Staff and shall be delivered 10 the Architect at weeldy intervals with the final records delivered not later than fourtgen (4) Days after the work hes been completed; 11.6(@) the rates and prices in the Schedule of Rates shall determine the valuation of items omitted. If omissions substantially vary the conditions under which any remaining items of work are eamried out, the prices of such remaining items shal be valued under Clause 11,6), (6) or); and 11.6( in respect of Provisional Quantity, the quantities stated in the Contract Bills shall be re-measured by the Architect based on the actual quantities executed, ‘The rates and prices inthe Schedule of Rates shall determine ther valuations. Where = Variation has caused or is likely to cause the Contractor to incur additional expenses for which he would not be paid under any provisions in Clause 11.6, the ‘Contactor may make a claim for such additional expenses provided always that 4Access 10 118. Contractor's books and documents Variations and 119 additional expenses added to Contract Sum no Quality and PI quantity ofthe Works Lamp Sum 22 Contract 130 ‘Contract Sum 134 not to be adjusted or altered 140 ‘Materials and Ma ‘goods not tobe removed ‘Materials and 142 ‘goods included in certificates Responsibility for 143, materials and goods PAM Contact 2006 Withost Quantities) 11.7G@) the Contractor shall give written notice tthe Architect of his intention to claim for such additional expenses together with an inital estimate of his claim duly supported with all necessary eslculations. Such notice must be siven within twenty eight (28) Days from th date of te Al or CAI giving rise, tohis claim, The giving of such writen notice shal bea condition precedent t0 ‘any entitlement to additional expenses thatthe Contractor may have under the ‘Contact; and 11.70) within twenty eight (28) Days of completing such Variation, the Contractor shall send to the Architect complete partculers of his eleim for adltional ‘expenses together with all necessary calculations to substantiate his claims. [f ‘the Contractor fails to submit the required particulars within the stated time (or ‘within such longer period as may be agreed in waiting by the Architect), it stall be deemed that the Contractor has waived his rights 10 any such ‘adeitional expenses, ‘The Contractor shall keep contemporaneous records to substantiate all his claims for additional expenses under Clause 11.7, and shall submit ell particulars tothe Architect and Consultant, Tae Architect and Consultant shall have access to all books, documents, reports, papers or records in the possesion, custody of control of the Contactor that are ‘material to the claim and the Contractor shall provide ffee of charge a copy each to the Architect and Consultant wien requested. All such documents shall remain available in accordance with this clause unt all claims have been resolved. The Contractor shal use his best endeavour to ensure that all such similar documents in the possession, custody or control of sub-contractors and/or suppliers that are material to the claim are similarly availble ‘As soon a6 the Architect has ascertained the amount of Variations and/or additional ‘expenses claimed by the Contracor under Clause 11.7 the amount so ascertained shall be ‘added to the Contract Sum. When an Interim Cerificate is issued after the date of ascertainment, such amount shall be included in the cetifiete, Quality And Quantity OF The Works ‘The quality and quantity of the work included in the Contract Sum shall be deemed to be these which are shown upon the Contract Drawings and/r set ut i the Contract Bills Unless otherwise expressly stated, the measurements of Variations and Provisional ‘Quanttos shall be carried out in accordance with the principles of the Standard Method of ‘Measurement of Building Works sanctioned by the Institution of Surveyors Malaysia and currenly in force Unless otherwise expressly provided, tne contract is a Lump Sum Contract and shall be deemed to include all ancillary and oxher works and expenditure, which may or may not hhave been specifically mentioned or deseibed in the Contract Documents, but which are citherindispensably necessary to be carried out to bring the Works to completion or which _may contingently become necessary to overcome difficulties before completion. Contract Sum ‘The Contract Sum shall not be adjusted or alteed in any way whatsoever, otber than in accordance with the express provisions of the Contract. Any arithmetical erors or any ‘errors in the prices and rates shall be corrected and/or rationalised by the Arc ‘Consultant without any change to the Contract Sum before the signing ofthe Contact. “Materials And Goods ‘Materials end goods delivered to the Site for incorporation into the permanent works shall not be removed until completion of the Works unless prior consent in writing ftom the ‘Architect has been oblained, which consent shall not be unreasonably withheld or delayed, Where the value of such materials and goods has in accordance with Clause 30.2 been included in any imerim Centfiate under which the Employer has effected payment, such materials and goods shall become the property of the Employer. ‘The Contractor shall be responsible for any loss and/or damage to such materials and goods including materials and goods supplied by Nominated Sub-Contractors and Nominated Suppliers