ADDENDUM TO CONDITIONS OF CONTRACT PWD FORM DB (REV 1/2010)

CONTRACT NO : for the under-mentioned works entered into on the _______

day of _____________, 20___ by the undersigned parties, refers to this Addendum to
Conditions of Contract which is and shall be read and construed as part of the said
Contract.

_________________________ __________________________
Signature of Contractor Signature of Officer

Name in full ________________________ Name in full _________________________

In the capacity of ____________________ Designation ________________________

duly authorised to sign for and For and on behalf of EMPLOYER
on behalf of

__________________________
Contractor's Seal

Witness ___________________________ Witness ___________________________

Name in full ________________________ Name in Full ________________________

Occupation ________________________ Designation ________________________

Address ___________________________ Address ___________________________

__________________________________ __________________________________

__________________________________ __________________________________

Addendum to PWD DB .23102019 AD/1

 ADDENDUM TO THE CONDITIONS OF CONTRACT PWD DB (REV 1/2010)

No AMENDMENTS

1. Unless expressly stated herein, the following shall be read as follows :

a. all the word “the Government” contained in the Conditions of Contract and Appendix to the
Conditions of Contract shall be read as “the Employer”.
b. all the words “the Project Director” contained in the Conditions of Contract and Appendix to the
Conditions of Contract shall be read as “the Superintending Officer”.

2. Page iv, List of Appendices

Delete the entire list of Appendices and replace with the followings :-

APPENDIX 1 - APPENDIX TO CONDITIONS OF CONTRACT

APPENDIX 2 - EMPLOYER'S REQUIREMENTS
APPENDIX 3 - CONTRACTOR'S PROPOSAL
APPENDIX 4 - CONTRACT SUM ANALYSIS
APPENDIX 5 - CONTRACT SCHEDULE OF RATES
APPENDIX 6 - - NOT USED -
APPENDIX 7 - - NOT USED -
APPENDIX 8 - DETAILED DESIGN AND SPECIFICATIONS

3. Page 2, Clause 1.1 (g)

Delete the entire clause.

4. Page 3, Clause 1.1 (s)

Delete the words “in the form as set out in Appendix [ ]”.

5. Page 5, Clause 3.1 (a), Line 2

Insert the words “Specifications and these Conditions in compliance therewith, using materials, goods and
workmanship of the quality and standards therein specified” after the word “and”.

6. Page 8, Clause 6.6, Line 3

Substitute the words “8tilized” with the words “utilized”.

7. Page 9, Clause 8.6(a), Line 2

Substitute the words “limit as set out in Appendix 1 hereto” with the words “provisions of the Employer
current at the time the Variation is being issued“.

9. Page 12, Clause 12.1

Substitute the entire Clause with the following :-

12.1 No work under this Contract shall commence unless and until such insurance policies as specified
under Clause 11 and 39 shall have been deposited with the Employer. The Contractor shall produce
to the Employer or the S.O. the original cover notes of the said insurance policies, it shall be
sufficient discharge of his obligations under this clause.

10. Page 15, Clause 13.4 (c), Line 1

Delete the words “15”.

11. Page 15, Clause 13.5 (b), Line 1

Substitute the words “Twenty one (21)” with the words “Thirty (30)”.

12. Page 16, Clause 13.5 (b), Line 7

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 Substitute the words “Twenty one (21)” with the words “Thirty (30)”.

13. Page 18, Clause 14.3

Delete the entire sub-clause.

14. Page 20, Clause 16.4, Line 6

Delete the words “as listed in Appendix 7”.

15. Page 24, Clause 22.1 Line 1 and Clause 22.2, Line 4

Substitute the word “24authorized” with the word “authorized”.

16. Page 26, Clause 26.1, Line 4

Substitute the words “Relevant authorities” with the words “Government of Malaysia”.

17. Page 27, Clause 29.1 (c)

Substitute the words “six in the evening and six .......” with the words “seven in the evening and seven .......”.

18. Page 27, Clause 30.2, Line 2 and Clause 30.3, Line 1

Substitute the words “27uthorized” with the words “authorized”.

19. Page 30, Clause 36

Delete the entire clause.

20. Page 35, Clause 41.0

Delete the entire clause.

21. Page 37, Clause 44.2, Line 2 – 3

Delete the words “temporary certificate of fitness for occupation /”.

22. Page 38, Clause 45.1

Substitute Clause 45.1 with the new Clause 45.1 as follows:

45.1 If the Contractor fails to complete the Works by the Date for Completion or within any extended time
granted pursuant to Clause 49, the S.O. shall issue a Certificate of Non-Completion to the
Contractor.

23. Page 38, Clause 45.2

Substitute Clause 45.2 with the new Clause 45.2 as follows:

45.2 Without prejudice to the Employer’s right to terminate this Contract, when the S.O. issues the
Certificate of Non-Completion, the Employer shall be entitled to recover from the Contractor,
Liquidated and Ascertained Damages calculated at the rate stated in Appendix 1 from the date of
the failure to complete the Works pursuant to Clause 45.1 to the date of the Practical Completion or
the date of termination of this Contract. The S.O. may deduct such Liquidated and Ascertained
Damages from any money due or to become due to the Contractor, failing which such damages
shall be recovered from the Performance Bond or as a debt from the Contractor. The S.O. shall
inform the Contractor in writing of such deduction.

24. Page 38, Clause 45.3, Line 1 to 2

Substitute the words “to be a reasonable amount” with the words “as agreed by the parties hereto, to be the
pre-estimate”.

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 25. Page 39, Clause 46.2, Line 4 to 6

Substitute the words “making good all .......... under Clause 47” with the words “the whole of the works
comprised in this contract and after the issuance of Certificate of Practical Completion”.

26. Page 40, Clause 47.4, Line 4

Delete the words “under this Contract”.

27. Page 40, Clause 47.4, Line 5

Delete the words “from the Performance Bond or”.

28. Page 40, Clause 47.5, Line 4 - 7

Substitute the last sentence with “The amount of such diminution shall be recoverable by the Employer
from any money due or to become due to the Contractor or as a debt from the Contractor.”

29. Page 41, Clause 49.1 (c)

Substitute the whole clause with the following :-

exceptionally inclement weather conditions; if the record from an approved rain gauge or from
Meteorological Department shows that the rain fall in the locality where the Site is situated exceeds 25mm
in one day;”.

30. Page 42, Clause 49.1, Paragraph 2

Substitute the entire words after the words “PROVIDED THAT” with the words “that the Contractor shall
use constantly his best endeavour to mitigate the cause and that the resultant delay was absolutely beyond
his control and further, the Contractor can prove that the delay affected CRITICAL activities in the approved
Work Programme and finally that the Works was delayed in fact”.

31. Page 42, Clause 49.2

Delete entire sub-clause.

32. Page 44, Clause 53.4, Line 2

Substitute the words “ninety (90) percent” with the word “seventy five (75) percent”.

33. Page 45, Clause 53.4, Line 2 and 3

Delete the words “(including Advance Payment)”

34. Page 45, Clause 54.0

Substitute the whole of Clause 54.0 with the new Clause 54.0 as follows:

54.1 Within three (3) months after issuance of the Certificate of Completion of Making Good Defects or
the Certificate of Completion of Maintenance (if any) whichever is the later, the Contractor shall
submit to the S.O a statement of the final account showing in the detail the value in accordance with
the Contract, of the Works carried out together with all further sums which the Contractor considers
to be due to him after giving credit to the Employer for all amounts previously paid by the Employer
and for all sums to which the Employer is entitled under the Contract up to the date of the Certificate
of Completion of Making Good Defects or the Certificate of Completion of Maintenance, as the case
may be. The Final Account shall be supported by all documentation substantiating the value of the
same.

54.2 Upon expiry of the three (3) months period as specified in clause 54.1, the S.O shall proceed to
verify the Final Account based on such documents submitted by the Contractor. The S.O shall issue
a certificate (hereinafter referred to as “the Final Certificate”) stating the amount which in his opinion
is finally due under the Contract from the Employer to the Contractor or from the Contractor to the
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 Employer, as the case may be, after giving credit to the Employer for all amounts previously paid by
the Employer, and for all sums to which the Employer is entitled under the Contract not later than
three (3) months after the Contractor has completely fulfilled his obligations in respect of handing
over of public utilities and services to the relevant authorities as described in the Contract
Documents, whichever is the later, the S.O. shall issue the Final Certificate.

54.3 If the Contractor does not submit the final account within the three (3) months referred to in clause
54.1 the S.O may on the expiry of the said three (3) months give notice in writing to the Contractor
that if the final account is not submitted by the Contractor within two (2) months from the date of the
written notice the S.O may himself prepare the Final Account.
54.5 Where the Employer exercises any right of deductions from monies due or to become due to the
Contractor, the S.O shall inform the Contractor in writing the reason of that deduction.

54.5 No final payment due to the Contractor shall be made unless and until the Contractor shall have
satisfied the S.O by means of a Statutory Declaration made by or on behalf of the Contractor that
the workmen who have been employed by the Contractor on the Works including workmen
employed by sub-contractors, whether nominated or otherwise (including “labour only” sub-
contractors) have received all wages due to them in connection with such employment, and that all
dues or contributions under the Employment Act 1955, the Employee’s Social Security Act 1969, the
Employees Provident Fund Act 1991 and any other laws relevant to the employment of workmen,
have been paid.

35. Page 46, Clause 57.0

Delete the entire clause.

36. Page 49, Clause 60.1 (a) (ii), Line 2

Insert the words “Fourteen (14) days” after the words “period of”.

37. Page 49, Clause 60.1 a)

Add Clause 60.1 (a) (x) as follows:

(x) fails to follow strictly to the approved Work Programme hereof.

38. Page 51, Clause 60.2 (a)

Add Clause 60.2 (a) (vi) and 60.2 (a) (vii) as follows:

(vi) the Contractor fails to pay the wages of their workers who have made a complaint to the labour
office and the complaint is found to be well grounded, or

(vii) a garnishment order is made against the Contractor.

39. Page 51, Clause 60.2 (a) (iii)

Substitute the entire paragraph with “being a company, has a winding up petition presented in a High Court
in Malaysia;”.

40. Page 51, Clause 60.2 (b) (i)

Substitute the words “clause 60.1l(i)” with the words “clause 60.1(c)(i)”.

41. Page 56, Clause 68.0

Substitute all words “officer named” with the words “Officer Named”.

42. Page 63, Clause 8.6 (a)

Substitute the words “Treasury’s Instruction No. 202 as amended” with the words “provisions of the
Employer current at the time the Variation is being issued“.

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 43. Add Clause 80.0

Retention Money

All payments under clause 53 shall be subjected to a retention of ten percent (10%) up to maximum five
percent (5%) of the work done which will be deducted progressively from the interim payments and shall be
released as followings:-

(a) 2.5% shall be released twelve (12) months after the issuance of the Certificate of Practical
Completion
(b) Balance 2.5% shall be released on the issuance of Certificate of Final Account or on the
issuance of Certificate of Completion of Making Good Defects, whichever is the later

44. Add Clause 82.0

Income Tax Payable by Employees

The Contractor’s employees will be liable to pay Malaysian Income Tax in respect of their salaries and
other emoluments as are chargeable therewith under the Law for the time being in force and the Contractor
shall perform such duties in regard to the deduction thereof as may be lawfully imposed on him by the
Government of Malaysia.

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