Agreement And Conditions Of PAM Contract 2018 (With Quantities) ‘parts mat aon hen sl en jug owen hw ft ads hon ing hs oe net ‘ahd PAM zsumes no lity to ny ne anti party tn comesten mich ase‘Table of Contents Articles Of Agreement Preliminary Recitals, Articles Astle 1 Article 2 Atle 3 Anicle4 Attcle 5 Aaile 6 Anicle7 Anicle 8 Date of agreement Parties to agreement and their addresses The nature of tie works andthe location ‘The drawings and bills of quant Contractor's Obligations Contact Sun Architest Engineer Quantity Surveyor Specialist Consultant Definitions Meanings Attestation/Signatories Of The Parties ‘Tue Condon OF Contract, cme Pn 12 ———_Temporay work and constuction meted 13 Canta’ eign and esponsies 14 ——_aopeny or chergmee eevee doeuneus 20 Archies Instructions (A) 21 Coatasorto cay wit Al 2 23 Provisions enpowainginsttins 24 Fale of Cntr comply Al 30 Contract Documents, Programme And As bull Drawings 31 Soa Douens 32 Camo ftende acumen 33 Genter 3 Father caving or deta 33 Wore Pope 36 ——_Progamn opt of Cont 37 Arca acepncs 9 popemme 38 Auli of document 39 Lmiuton of se of donments 310 elt Draping an operation ead meimenanee manus 40 StattryOotgaton Notes, Fes And Charges 41 Sitoy gata 42 Iemntones wih tory eqremens PAM Contract 2018 (With Quantities) Page‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 43 44 50 Su 60 61 62 63 6a 65 66 67 68 1009 101 102 410 ni m2 13. na ns NG 7 ng 9 0 RI 122 130 BI 140 161 2 143 144 180 15 152 153 154 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 Contzacior to comply ‘Warranties in respect of materials and goods Royalties And Intellectual Property Rights Indemmity to Employer Contactors lisbility to pay Government royalties Site Agent Site Agent Insitutions to Site Agent Exclusion of Person employed on the Works ‘Access To The Works ‘Acces tothe Works Site Start Duty of Site Staff Ditections given by Site StaiF Variations, Provisional And Prime Cost Sums Definition of Variation ‘No Variations required by Architect shall vtite Contract Issue of Variations alter Practical Completion ‘Alon P.C. Sums and Provisional Sums Valuation of Variations and Provisional Sums Valuation rules Additional expense caused by Variation ‘Aecess to Contractor's books and documents Variations and additional expenses added to Contract Sum Contract Bills ‘Measurement of building works Correction of errors oF omissions Contract Sum Contract Sum not to be adjusted or altered Materlals And Goods “Materials 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 CConiractr's failure to comply with undertaking Schedule of Defeets PAM Contract 2018 (Wath Quantities) Page‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause Iss 156 160 161 162 163 170 m1 172 73 180 iB 182 183 184 190 191 192 193 194 195 20.4, 20.81 20.8.2 20.43 20.04 20.3 208.1 2052 2083 2on4 20B5 20.6 20.0.1 20.62 2063 20.64 20.05 20 au 212 213 214 20 221 2 23 23.0 23 232 Instruction to make good Defects Certificate 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 And/Or Damage Of Property And Indemnity To Employer Contactors indemnity agaist injury or death Contractor's indemnity against loss and/or darnage Contactors indemnity against claims by workinen Indemnites not to be defeated Insurance Against Injury To Person And Loss And/Or Damage Of Property Contractor to insure against injury to Person and loss andior damage of property Employce’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’ 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 Aaditionat risks required by the Contractor Maintenance of policy Feilure of Employer to insure Application of insurance elsim proceeds Insurance Of Existing Building Or Extension ~ By The Employer Employer’ risks - existing building or extension, ‘Additonal risks requited 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-Completion Liquidated Damages and Certfieate of Non-Completion ‘Agreed Liquidated Damages amount Certificate of Nou-Completion revoked by subsequent Cerificate of Extension of Time Extension Of Time Submission of notice and particulars for extension of time Delay by Nominated Sub-Contracior PAM Contract 2018 (With Quantities) Page 7 wv 14g 23.24 ors cy‘Table of Contents (Cont’é) The Conditions Of Contract (Cont'd) Clause 233 Ba 235 26 239 238 239 23.10 240 241 242 243 24a 250 25.1 252 253 2314 255 236 23. 258 260 261 262 263 264 265 266 267 210 211 212 213 214 25 216 27 213 219 27.10 2011 2712 2713, 2718 28.0 28.1 282 283 284 285 286 287 288 Insufficient information Cerificate of Extension of Time Other consideration for giving extension of time Contractor to prevent delay Notification to Nominated Sub-Contractors Relevant Events ‘Extension of time after the issuance of Certificate 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 regular progress of the 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 Defaults by Contractor Procedure for determination ‘Contractors insolvency : Rights and duties of Employer and Contsactor Records of Works Final Aecount 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 Settlement of accounts ‘Contractor's rights and remedies not prejudiced ‘Nominated Sub-Contractors .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 Failure of Contractor to pay Nominated Sub-Contractors Final payment to Nominated Sub-Coatractors Determination ofthe Nominated Sub-Contractor's employment Contractor's responsibilty for Nominated Sub-Contractors Employer no privity of Contract with Norsnated Sub-Contrectors Re-nomination of sub-contractor duc to determination by the Contractor Re-nomination of sub-contractor duc to determination by the Nominated Sub-Contractor ‘Contractor to recover addtional expenses from Nominated Suib-Contractor ‘Contractor permitted to tender for P.C. Sums ‘Nominated Suppliers .C, Sums and Provisional Sums ~ Nominated Suppliers ‘Nominated Suppliers and ther obligations Objection to nomination of suppliers Action following objection of suppliers ‘Value of materiais and goods supplied by Nominated Suppliers Payment to Nominated Suppliers Contractor's lability for Nominated Suppliers Employer no privity of Contract with Nominated Supplies PAM Contract 2018 (With Quantities) Page ww‘Table of Contents (Cont'd) TThe Conditions Of Contract (Cont'd) Clause 29.9 29.1 30.0 30.1 302, 303 304 305 30.5 30.7 30.8 309) 30.10 30.11 30.12 30.13, 30.14 30s 3016 30.17 310 31 312 313 Bia 32.0 RI 322 33.0 331 Works By Craftsmen, Tradesmen Or Other Contractors Employed Or Engaged By Employer Works by Employer's craftsmen Certificates And Payment Payment application and issue of Architect's certificate ‘Amount due in Architect's certificate Enprs in payment certificate Stoitby Employer Retention Fund Roles regarding Retention Fund ‘Suspension of Works for non-payment ‘Compulsory suspension of Works Cessation insurance resulting from suspension of the Works Final Account Items in Final Account Conclusiveness ofthe Final Account Issuance of Penultimate Certificate Issue of Final Certificate Final Certificate Final Certificate not conclusive Interest Outbreak OF Hostlities Hostlities - 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 Mediation ‘Mediation under PAM rules ‘Mediation shall not prejudice the parties’ rights to adjudication or arbitration Expert Determination Disputes on all matters Expert determinstion under PAM Rules [Expert determination shall not prejudice the parties’ sights to adjudication or arbitration Notice to refer fo adjudication Adjudication Rules Decision ofthe adjudicator Arbitration Disputes referred to arbitration Procedures for appointment of arbitrator “Arbitration Act and Rules Powers of arbitrator Consolidation of arbitration proceedings Commencement of arbitration proceeding Arbitrato's award tobe final and binding on parties Ne Notice Notice deem served PAM Contrsc 2018 (With Quamtties) Page o‘Table of Contents (Cont'd) ‘The Conditions Of Contraet (Cont'é) Clause 383 Proof of Notice 384 Written communication 39.0 Performance Bond 30.1 Submission of Performance Bond 302 Form of the Perfomance Bond 393 Validity ofthe Performance Bond 304 Failure to extend the validity 395 Payments ftom the Performance Bond 396 Retum of Performance Bond 40.0 Governing Law 401 Governing Law Appendix PAM Contract 2018 (With Quantities) Page a 4B a 44 4a 44 “4 a4 4 4 45 wiPAM CONTRACT 2018 (WITH QUANTITIES) Articles Of Agreement This Agreements mide oatte.. between . ett (of (or whose registered office or business address is situated at) . day of : 20 (hereinafter called “the Employer’) (hereinafter called “the Contractor), Whereas ‘The Employeris desirous of) ‘and has caused drawings and Contract Bills showing and descrit Consultant. ing the work to be done to be prepared by his Architect and ‘And Whereas the Contractor has supplied the Employer witha fally priced copy ofthe seid Contract Bills ‘And Whereas the seid drawings numbered sccwe inclusive (hereinafter refered to as ‘the Contract Drawings’) and the Contract Bills have been signed by ot on behalf of the partes hereto, (1) Brief description of the Works PAM Conrraet 2018 With Quatites) 1[Now itis hereby agreed as follows: Article 1 For the consideration hereinafter mentioned the Contractor will upon and subject to the ‘Contract asry out and complete the Warks shown upon and desetibed by or refered to in the Contract Article? “The Employer will pay the Contractor the sum of Ringgit Malaysia: eM ) (hereinafter referred to as “he Contract Sum’) or such ‘other sum as shall become payable lheceunder atthe times and inthe manner specified inthe Contract Article3 “The term “the Architet” in the Contract shall mean of or in the event of such Person ceasing to be the Architect forthe purpose of the Contact, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom. [No Architect so appointed shall be entitled to disregard or overrule any certificate or ‘opinion or decision or approval ar instruction given by the proceding Architect. Article 4 ‘The term “the Engineer in the Contract shall mean: (@) Structural & Civ Engineer: of, (©) Mechanical & Becca Engineer. PAM Contact 2018 (With Quantities) Contractor's Obligations Contract Sum Architect Engineeror in the event of such Person ceasing to be the Engineer forthe purpose of the Contact, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom, The Engineer shell perform the duties expected of his profesion, aud the Architect may from time to time delegate such duties and authority ofthe Architect to the Bngineer as the Architect deem ft Article ‘The term “the Qusntty Surveyor” in the Contract shall mean . or in the event of such Person ceasing to be the Quantity Surveyor forthe purpose ofthe Contract, suc other Person as the Employer shall appoint within twenty eight (28) Days therefiom. The Quantity Surveyor shall perform the duties expected of his profession, and the Architect may ffom time (o time delegate such duties and authority of the Architect 10 the Quantity Surveyor as the Architect deems fit, Article 6 ‘The term “the Specialist Consultant in the Contract shall meen: ‘or in the event of such Person ceasing tobe the Specialist Consultant forthe purpose of the Contact, such other Person as the Employer shell appoint within twenty eight (28) Days thereftom. 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 asthe Architect deems ft ‘PAM Contract 2018 (With Quanties) Quantity Surveyor Specialist ConsultantArticle 7 In the Contract Documents as hereafter defined, the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires: @ © © © © o @ a 0 © 0 ) © @ o @ o "Appendix means the Appendix to the Conditions ofthe Contact; Appropriate Authority means any statutory authority having jusisdct Werks; n over the Architect means the Person named in Article 3 and shall be a Professional Architect or any other form of practice rogisteed under the Architects Act 1967 and approved by the Board of Architects, Malaysia; Architect's Instruction or AI ~ a described in Clause 2.25, ‘As-built Drawings means as-built drawings for works designed (including altemative desiga) by the Contractor and/or Nominated Sub-Contractor and any other as-built drawings required to be provided as specified in the Contract Documents; Certificate of Extension of Time means the certificate issued 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; Certificate of Partial Completion means the certificate isued under Clause 16.1; Certificate of Practical Completion means the certificate issued under Clause 15.3; Certificate of Sectional Completion means the cectfieate issued under Clause 213; ‘Clause means the clauses inthe Conditions ofthe Contract; Completion Date means the dstes) for completion of the Works stated in the ‘Appendix under Clauses 21.1 and 21.3 o the last exiended date granted under Cause 23.45, ‘Conditions means the Conditions ofthe Contact, Confirmation of Architeet’s Instruction or CAL as described in Clause 2.2; Consultant means the Engineet, Quantity Surveyor and/or Specialist Consultant 3s appropriate; ‘Contract or Contract Documents comprise the following documents: (the Leterof Award, (ii) the Articles of Agreement; Gil) the Conditions of Contract; Gv) the Contract Drawings; (9) the Contract Bills; snd (i) other documents incorporated in the Contract Documenis, unless expressly sated to be excluded therefrom; ‘Contract Bills comprise the following documents (as may be applicable) (@__ Iesmetions to Tenderers; (i) Conditions of Tendering: Gil) Form of Tender, (iv). Preliminacies, (¥)__Preamiaes and Specification; (Wi) Bills of Quantities; ané (i) any other documests specifically mentioned in any ofthe above documents; PAM Corzaet 2018 (With Quamiis) Definitionso o o ow) @) o @ (a) (ey () a) (ee) @® a) (ah) « @ ‘Contract Sum means the sum stated in Article 25 Contractor means the party named in the Artcies of Agreement and inciudes the Contactors legal suocessors or personal representatives or any Person to swhom the rights and obligations of the Contractor have been transfered 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 poliey. The minimum insurance risks are specified under Clauses 19.0, 20.A or 20,B or 20°C, and the insurance shall have the appropriate endorsements. Any adctional insurance risks {in addition to those stated in these Conditions that are required to be covered under the CAR Insurance shall be stated inthe Contact Bills; Date of Commencement means the date(s) fixed and stated in the Appendix under Clauses 21.1 and 21.2; Day means calendar day inchading the weeldy day of rest but excluding gazetted ‘holidays inthe location where the Works is carid 0 Defects means defects, shrinkages or other faults due to materials or workmanship not in accordance with the Contract and Nominsted Sub-Contat and/or de © any faulty design (if any) undertaken by the Contactor and Nominated Sub- Contractor, Defects Liability Period means the period stated in the Appendix under Clause 54 ‘Employer means the party named in the Articles of Agrosment and includes the Employer's legal successors or personal representatives or any Person to whom the rights and obligations of the Employer have been transfered with the agreement of the 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 means the documents showing the adjustment of the Contract Sum issued under Clause 30.10; ate issued by the Architect under Clauses Force Majeure means any circumstances beyond the control of the Contractor ‘caused by terorist acts, governmental or roguatory 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 leter of acceptance ofthe Contractor's tender issued by or on behalf ofthe Employer; Lump Sum Contract means a fixed price Contract and is not subject to rex ‘measurement or recalculation except for Provisional Quantities and. Variations Which shall 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 a nomination by the Architect under Clause 27.2; ‘Nominated Sub-Contractor means a sub-contractor nominated by the Architect under Clause 27.1; PAM Contact 2018 (With Quettis)@) (a (om) fan) (0) @) 9 () 5) @ (a) @) @w @) w@) ) (a) (oH) ee) way Nominated Supplier means a supplier nominated by the Architect under Clause 2B: PAM Sub-Contract 2018 means the form of contract as published by Pertubuhan ‘Akitek Malaysia whece the sub-contractor is nominated under the PAM Contract 2018; Penultimate Certificate means the payment certificate issued by the Architect for the release of monies to Nominated Sub-Contractrs and/or Nominated Suppliers under Clause 30.13; Performance Bond means the bond required to be provided by the Contractor as a security fr the due performance of the contract under Clause 39.1; Period of Honouring Certificates means the period for honouring certificates stated in the Appendix under Clause 30.15 Person means an individual, sole proprietorship, firm (partnership) or 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 contact for works or services to be exeeuted by Nominated Sub-Contractor or for materials and goods o be supplied by Nominated Supplier; Provisional or Provisional Quantity means the estimated quantities of work provided in the Contact Bills for work to be executed or forthe supply of any ‘materials and goods which cannot be determined or detailed at the time Provisional Sums means the suns provided in the contract andlor the Nominated Sub-Contract for work to be executed or forthe supply of any materials and goods ‘hich eannot be foreseen, determined or detailed a the time; Quantity Surveyor means the Person named 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 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; Service Provider means any company or body authorised to provide water, electricity, telecommunication, sewerage and other related services; Site means the land and other places on, in, under, aver or through which the ‘Works are tobe executed and is provided by the Employer for the purposes of the Contract including other land and places obtsined by the Contractor end accepted by the Employer as forming pat ofthe Site; ‘Site Agent means the person appointed under Cause 81; Site Staff means the person appointed under Clause 10.1; ‘Specialist Consultant means the Person named in Asticle 6 and such Person shall be # Specialist Consultant appointed by the Employer for a designated scope of professional work; ‘Variation means changes mate to the Works as defined under Clause 11.1; ‘Week means a period of seven (7) consecutive days; PAM Contract 2018 (With Quits) i(b=) Works means the works described inthe Articles of Agreement and refered t in the Contract Documents and includes any changes made to these works in accordance with the Contract; and (Works Programme means the works programme described in the Contact Documents and in Clause 3.5 Article 8 Jn the interpretation of the Contract, unless the context requites otherwise, the following, shall apply: (@) Gender words of one gender include the other gender, and words denoting natura © © © © Persons include corporations and firms and all such words are to be constricd interchangeably in that manner, Headings and Marginal Notes the headings and marginal notes in the Conditions ‘re not to be taken into consideration in the interpretation oF construction of the Conditions or ofthe Contract; Reference to legislation -a reference to any Acts is deemed to include references ‘o any subsequent emendiments, consolidation or replacement ofthe Acts; Singular and Plural - words importing the singular also include the phural and view versa where the context roquires; and Where any word or phrase is given a defined meaning, any other grammatical form ‘of that word or phrase has a corresponding mesning. PAM Contact 2018 (With Quastis) MeaningsIN WITNESS WHEREOF * The hand of the Employer has been hereunto set the day and year fist above written inthe presence of. ‘Signature of Witness. Name eee NRICNo.... * The Common Sel of. ‘was hereunto affixed in the presence of ‘Signature of Director. Name NRICNo. IN WITNESS WHEREOF * The hand ofthe Contractor has been hereunto set the day and year fist above writen inthe presence of. ‘Signature of Wines Name. was hereunto affixed inthe presence off Signature of Director. Name. NRICNo.. * Delete as appropriate )Signature of Employer. ) Name ) JNRIC NO. Signature of Director/Secretary*... Name. NRIC No, ) Signature of Contractor... ) ) Name. ) JNRIC No, Signature of DirectooSeeretary™. Name NRICNe... ‘Th exing ofthe Conon Seal o be wlinessed accordance with he Memaranchn & Articles of Asseciaton of the Company. PAM Contact 2018 (With Quant)The Conditions Of Contract 10 Contractor's ObI Completion of 1 ‘The Contractor shall upon and subject to these Conditions carry out and complete the Works in ‘Works in accordance with the Contract Documents and in compliance therewith provide accordance with materials, gods and standards of workmanship of the quality and standard described in the Contract Contrast Documents and/or required by the Architect in accordance with the provisions of Documents the Contact, ‘Temporary work 1.2 ‘Unless designed by the Architect or Consultant, the Contractor shall be fully esponsible for and construetion the adequacy, stability and safety ofall temporary works and ofall methods of constriction method of te Works, respective of any approval by the Architect or Consultant. ‘Contractor's 13 If the Contractor proposes any altemative design to that specified in the Works or if the design and Contract leaves any matter of design, specifieaion or choice of materials, goods and responsibilities ‘workmanship to the Contractor, the Contractor shall ensure that such works are fit for its purpose. The copyright of the Contractor's design and alternative design belongs to the Contractor, but the Employer shall be eattled to use the design and altemaive design for the completion, maintenance, repair and future extension of the Works. The acceptance by the Architect or Consultant of the Contractor's design and alternative design shall not relieve the Contracior of his responsibilities under the Contract Discrepancy or 14 ‘The Contractor shall use the Contract Documents and any other subsequent documents divergence issued by the Architect fo plan the Works prior to execution. If uring the said planning and between subsequent execution of the Works, the Contactor finds any discrepancy in or divergence documents between any of the Contract Documents and any subsequent documents issued by the Architect, he shall give to the Architect a written notice in sufficient time before the commencement of construction of the affécied works, specifying the discrepancy or divergence to enable the Architect o issue written instructions within a period whieh would ‘not materially delay the progress of the affected works, having regard to the Completion Date. Such discrepancy or divergence shell not vitiate the Contract. 20 Architect's Instructions (‘A’) Contractor to 2a ‘The Contractor shall subject to Clauses 2.2 and 2.3 forthwith comply with all instructions ‘comply with AL issued to him by the Architect in regard to any matter in respect of which the Architect is ‘expressly empowered by these Conditions to issue instictions. 22 All instructions issued by the Architect shall be in writing expressly entitled “Architect's Instruction” ‘AT. All other forms of writen instructions including drawings issaed by the ‘Architect shall be an Al: 2.2(8) upon written confirmation from the Contractor entitled “Confirmation of Atchitet’s Instruction” (CAL"}; or 2.2(b) upon subsequent confirmation ofthe written instroctions by the Architet with anal Provisions 23 ‘Upon receipt of a writen instruction fiom the Architect, the Contractor may request the ‘empowering Architect to specify in writing which provision ofthese Conditions empowers the issuance Instructions ‘ofthe said instruction and the Architect shal forthwith eomply with sac a request. If the Contractor thereaftes complies with the said instruction without invoking any dispute resolution procedure under the Contract to establish the Architect's power in that regard, the instruction shall be deemed to have been duly given under the specified provision, Failure of 24 [the time of compliance (which shall not be less than seven (7) Days from receipt of the Contractor to Als stated by the Architect in the Al end the Contactor does not comply therewith then ‘comply with AL ‘the Employer may, without prejudice to any other rights and remedies which he may ppossess under the Contract, employ and pay other Person to execute any work which may bbe necessary to give effect to such instruction. The cost of employing other Person and any ‘additional cost in this connection shall be set-ofT by the Employer under Clause 30.4, 30 Contract Documents, Programme And As-buit Drawings Contract 3 The Contract Documents ar to be read as mutually explanatory of one another. In the event Documents cf any conflict or inconsistencies between any ofthe Contract Document, the priority in the interpretation of such documents shall be inthe following descending order: PAM Controct 2018 (With Quant) 9Custody of 32 tender documents Copies of 33 documents Further 34 drawings or details Works 35 Programme Programmenot 3.6 part of Contract Architect's 37 acceptance of programme Availablity of 38 documents Limitation of use 3.9 of documents PAM Contact 2018 (With Quantities) 3.1(@) the Letter of Awards 3.100) the Articles of Agreement; 3.10 3.10@) the Contract Drawings; 3.1(6) the Contract Bill and 4.1( other documents incorporated in the Contact Documents, unless expressly stated tobe excluded in any ofthe Contract Document. ‘The original tender documents shall remain in the custody of the Architect or Quantity ‘Surveyor so as to be available at all reasonable times for inspection by the Employer and Contractor, ‘Within fourteen (14) Days afer the award ofthe Contractor on any date aftr the award as agreed between the Architect and the Contractor, the Architect or Quantity Surveyor shall ‘without charge tothe Contractor provide him with 3.3(@) two @) copies ofthe Contract Drawings; and 3310) two @) copies ofthe unpriced Contract. Within fourteen (14) Days after the execution of the Contract the Architect or Quantity Surveyor shal also without cherge tothe Contactor provide im with one (I) signed copy of the Contract Documents. ‘When necessary, the Architect shall without charge to the Contractor furnish him with two @) copies of futher drawings, details, levels ane any other information as are reasonably necessary either to explain and amplify the Contract Drawings orto enable the Contractor to complete the Works in accordance with these Conditions. Ifthe Contractor requires any furtier drawings, details, levels and any other information, he shall specifically apply in ‘writing to the Architect for these items in sufficient time before the commencement of construction of the affected works to enable the Architect to issue instructions within a petiod which would not materially deley the progress ofthe affected works heving regard to the Completion Date. Within twenty one (21) Days ftom receipt ofthe Letter of Award (or within such longer petiod as may be agreed in writing by the Architect), the Contractor shall provide to the Architect for his information, six (6) copies of the Works Programme (unless a higher ‘number is stated in the Contract Documents) showing the order in which he proposes to carry out the Works. The Works Programme shall comply with any requirements specified in the Contract Docaments, Ifthe Works or any part of the Works is delayed for whatever reason, the Architect may instruct the Contractor to revise the Works Programme. The Contractor without charge to the Employer, shall provide the Architect ffom time to time with similar namber of eapies of any revised Works Programme. The Works Programme shall not constitute part of the Contract, whether physically incorporated or not into the Contract Documents “The acceptance by the Architect of the Works Programme shall not relieve the Contactor cof is obligations, ties or responsibilities under the Contract. The Works Programme may be used by the Architest to monitor progress and the Architect is entitled 10 rely on the ‘Works Programme asa basis forthe assessment of extension of time and the effect of the delay andlor disturbances tothe progress ofthe Works. “The Contractor shill keep a copy ofthe Contract Drawings and the unpriced Contract Bll fon the Site to be available to the Architect and Consultant and their authorised representatives a 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 ofthe Contact, the partes shall not disclose eny ofthe rates and prices inthe Contact Bills to any other party.As-built Drawings and ‘operation and maintenance ‘manuals Statutory requirements Inconsistencies with statutory requirements Conforming to statutory obligations Fees, levies and charges Setting out Standards of| works, materials, goods and Workmanship Provision of vouchers Inspeetion and. testing PAM Coneact 2018 (With Quantities) 3.10 40 4a 42 43 44 50 Su 60 61 62 63 ‘The Contactor shall supply and shall cause any Nominated Sub-Contractor to supply As- built Drawings and/or operation and maintenance manuals specified in the Contact Documents and/or Nominated Sub-Contrat documents in tke manner and within the time specified therein, Where these are not specified, the Contractor shall supply and stall censure that the Nominated Sub-Contractor supplies four (4) copies of the ebove items ‘before the Completion Date, ‘Statutory Obligations, Notices, Fees And Charges The Contractor shal comply with and submit all notices requized by any laws, regulations, by-laws, terms and conditions of any Appropriate Authority and Service Provide in respect ‘of te execution ofthe Works and all temporary works. fhe Contractor finds any inconsistencies between the Contract Documents (including any « subsequent documents issued by the Architect) and any laws, regulations, by-laws, terms ‘nd conditions of any Appropriate Authority and Service Provider, he shall iamediately specify the inconsistencies and give tothe Architect a written notice before commencement of construction of the affected works within seven (7) Days of having given written notice to the Architect, the Contractor docs not receive any ATin regard to the matters specified in Clause 4.2, he shall proceed with the ‘work to conform to such laws, regulations, by-laws, tems and conditions of any Appropriate Authority and Service Provider. Any changes so necessitated shall be deemed. tobe a Variation required by the Architect 7 ‘The Contractor shall pay and indemnify the Employer against any libilty in respect of any fees, levies and charges including any penalties which may arise from the Contctor’s on- ‘compliance with any laws, regulations, by-laws, tems and conditions of any Appropriate Authority and Service Provider in respect ofthe execution ofthe Works and all temporary ‘works. Ifthe Contractor fils to pay, the Employer may pay such amount and such amount together with any additonal cost in this connection shall be set-off by the Employer under Clause 30.4. Levels And Setting Out Of The Works ‘The Architect shall determine all levels which may be roquited for the execution of the ‘Works and shall provide the Contractor with drawings and information to enable the Contractor to set out the Works. The Contractor shall at his own cost rectify any erors acsing from any inaccurate setng out. With the consent of the Employer, the Arcbitect ‘may instruct that such emors need nat be rectified subject an appropriate deduction to be sotoffby the Employer under Clause 304, 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 described inthe Contract Documents and required by the Architect in accordance the provisions ofthe Contract. ‘The Contracter shall upon the request of the Architect, provide him with vouchers or such other evidence o prove thatthe materials and goods comply with Clause 6. ‘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 10 ‘open up for inspection any work covered up, orto arrange for or cary out any test on any materials and goods already incorporated in the Works or of eny executed work. The cost ‘of such opening up or testing together with the cost of making good shall be added to the (Contact Sum unless 6.3(a) the cost is provided for in the Contact Bills; 63(0) the inspection or est shows that the works, materiale and goods were not in sevordance with the Contract oF 63(6) the inspection or test was in the opinion of the Architect required in ‘consequence of some prior negligence, omission, defeult and/or breach of contract by the Contract,Contractor's obligation not relieved Work notin accordance with the Contract No compensation for time and cost Failure of Contractor to ‘comply Warranties in respect of materials and goods Indemnity to Employer Contractor's liability to pay Government royalties Site Agent ‘PAM Cootract 2018 (With Quanes) 64 68 66 67 68 0 a 72 73 80 al “The provisions of Clauses 6.2 and 6.3 shall not relieve the Contretor of his obligations to ‘exec the work and supply materials and goods in accordance with the Contract. If the Architect finds any work, materials, goods or workmanship which is not in accordance with the Contract, the Architect shall instruct the Contractor in writing: 6.5(@) ta remave from and not to bring tthe Site such materials and goods; 65(0) to demolish and reconstruct such work i comply with the Contract; 6.5(2) to rectify such work as instructed by the Architect with no adjustment to the ‘Contract Sums 6.5(€) to submita method statement within seven (7) Days from receipt ofthe written ingtrction (or within such period as may be specified by the Architect in the instraction) proposing how such works, materials goods or workmanship can be rectified, Ifthe Architect accepts the Contractor's proposal, the Contactor shall cary out the seciicaton work with no adjustment ro the Contract Sum for altematively, the Architect may reject the proposal and issue any other ‘written instruction under tis clause; oF 6.5(€) withthe consent of the Employer, to leave all or any such works, materials, ‘goods or workmanship in the Wotks subject to an appropriate set-off by the Employer under Clause 30-4 and the Contractor shall remain liable for the CComplisnce by the Contractor with a writen instruction issued under Clause 6.5 shall ot entitle the Contractor to an extension of time nor compensation for any loss and/or expense that may be incured. Ifthe Contractor fils or refuses to comply with a written instruction ofthe Architect stud inder Clause 65, the Employer may without prejudice to any other rights or remedies which he may possess under the Contract, employ snd pay other Person to carry out the subject matter of the written instruction. Al costs incuned including any los and expense shal be set-off by the Fmployer under Clause 304. Ifthe Contract requires any manufacturer, sub-contmactor or supplier to give a warranty oF guarantee in respect of any proprietary systems, materials and goods supplied, the Contractor shall procure such warranties or guarantees and submit ro the Employer. The provision of such warranties or guarantes shall in no way relieve or release the Contactor fom any liabilities under tbe Contract. Royalties And Intellectual Property Rights Subject to Clause 7.2, all royalties a ether sums payable in respect ofthe supply and use in camryng, out the Works of any articles, processes, inventions or drawings shall be deemed. to have been included in the Contract Sum. The Contractor shall indemnify the Employer against all claims, proceedings, damages, ests and expenses which may be brought against the Employer or to which he may be subjected to by reason ofthe Contractor infinging oF ‘being held to have inftinged any such intellectual propery rights ‘Where in compliance with a written instruction, the Contractor has informed the Architect in writing that there may be an infsingement of intellestual property rights but the Architect still instructs the Contractor ia writing to comply, the Contractor shall not be liable for any Sach inftingement. All royalties, damages or other monies which the Contractor may be liable to pay for such inskingement shall be added tothe Contract Sum, Except where otherwise provided far in the Contract, the Contractor shall pay all Governmeat royalties, levies, rent and all other payments in connection withthe Works Site Agent “The Contrector shall appoint a competent person to be the Site Agent. The Site Agent for the purposes of the Contract shall be desmed to be the Contractor's authorised site representative. The Site Agent shall be assisted by such assistants and supervisory staff as necessary to exeoute the Works effcielly and satisfactorily. The Site Agent shall be ‘employed alltime om Site and in the event that he has to be temporarily absent from the ‘Site, the Contactor shall designate a deputy in his place,Instructions Site Agent Bxelusion of Person employed onthe Works ‘Access to the Works Duty of Site Staff Directions given by Site Staff Definition of ‘Variation No Vatlations roquived by Architect shall te Contract PAM Contact 2018 (With Quanitis) 82 83 90 94 100 101 102 110 m2 ‘The Contractor shall ensure thatthe Site Agent and such assistants and supervisory stafTare capable of recsiving directions or instructions in English er Bahase Malaysia. The Site Agent shall be deemed to be authorised by the Contactor to receive any directions given by {he Site Staff o instructions given by the Architect and any such directions and instuctions given shall be deemed to have been given tothe Contractor, ‘The Architect may instruct the Contractor to remove the Site Agent or any Person under the {employment ar control ofthe Contractor from the Site, The Architect shall not exercise this Aiseretion unreasonably or vexatiously. On receipt of a written insiuction, the Contractor shal immediately remove and replace such staff or any Person within a ressonable time and such saffor Person so removed, shall not again be employed on the Site. The Contactor shall not be enitled 10 any extension of time and addtional 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 aecess to the Works and to the fictoies, workshops or other places where any construction plant, materials, goods end work are being fibricaled, prepared or stored for ‘he Contract. The Contractor shall ensue that all sub-contracts contain provisions entitling the Architect, Consultant and their authorised representatives to have such access. Site Stat ‘The Employer may from time to time appoint such number of Site Staff as the Employer shall deem necessary. The Site Staff shall act as inspectors under the direction of the Architect and the Contractor shall provide reasonable fcilities forthe performance of such dates. Any directions given to the Contractor or his Site Agent by the Site Staff shall be of no effect, unless given in writing in regard to a matter in respect of which the Site Staff have been expressly authorised in writing by the Architect. All such directions involving a Variation shall be of no effec, unless confirmed by an Al ‘Variations, Provisional And Prime Cost Sums ‘The term “Variation” means the alteration or modification ofthe design, quality or quantity of the Works including: 11.1(@) the addition, omission or substitution of any work; 11.16) the altertion of the kind or standard of any materials and goods to be used in the Works; T1.1@ the removal from the Site of any work executed of materials and goods brought thereon by the Contractor for the purposes of the Works other then ‘work, materials end goods which are not in acoordance with the Contact; and 11.4(@) any changes tothe provisions inthe Contract with regards to: 11.1@G) any timitation of working hours NAG working space; 11.106) access to or uilisation of any specifi pat ofthe Site; 411.1(@)Gv) the execution and completion of the work in any specific onder; and HA@W) the execution of temporary works, ‘but shall exclude any changes intended to rectify any negligence, omission, default and/or breach of contract by the Contractor and such changes shall be executed by the Contactor entirely at his own cost. ‘The Architect may issue an AI ordering a Vevation or sanctioning any Veration made by the Contrector. No Variation ordered by the Architet or subsequently sanctioned by him shall vtiate the Coniract, Pending the valuation of the Vaciations, the Contractor shall carry ‘out with due diligence and expedition all Variations so instructed.Issue of 13. Variations after Practical Completion AlonP.C.Sums 114 and Provisional Sums ‘Valuation of ns Variations and Provisional Sums ‘Valuation rules 16 PAM Contact 2018 (With Quamitis) ‘The Architect may isue instructions in writing requiring a Variation at any time before the issuance of the Certificate of Practical Completion. Thereaftec, any AI requiring a Variation must be necessitated by obligations or compliance with the requirements of any Appropriste Authority and Service Provider, ‘The Architect shall issue AI in regard to the expenditure of P.C. Sums and Provisional ‘Suns included inthe Contract Bills and of P.C. Sums which arse as a result of instructions issued in regard o the expenditure of Provisional Sums. All Variations shall be measured and valued by the Quantity Surveyor. Upon completion of the Variations, the Contractor shall submit complete details and particulars as required by the Architect and Quantity Surveyor for valuation of Variations. Where any recording of site information andlor site measurements are carted out atthe Site, the Contractor shall provide the Quantity Surveyor with such assistance as may be necessary to cary out the” ‘works and the Contractor shall be given the opportunity to be present to take such notes and. ‘messurements as he may require. [Fhe Quantity Surveyor is ofthe opinion thatthe details and particulars submitted by the Contractor are insufficient to enable him to carry out the ‘measurement and valuation, the Quantity Surveyor shall within twenty eight (28) Days fiom receipt of the Contractor's submission, inform him of any deficiency in is submission and may require the Contractor to provide such further details and particulars Within & futher twenty eight (28) Days. When the Contactor has submited sufficient Getals and particulars, the Quantity Surveyor shall measure and value the Variations within thirty days (30) Days or any other extended date 0s agreed between the Architect and Contractor, : ‘The valuation of Variations and work exccuted by the Contractor for which a Provisional ‘Quantity is included in the Contract and the expenditure of Provisional Sums (other than for ‘work for which a tender fad) been accepted under Clause 27.14) shall be made in accordance with the following rules: 11.6(@) where work is of a similar character to, i exeeuted under similar conditions as, and does not significently change the quantity of work 98 set out in the Contract Documents the rates and prices in the Contract Documents shall determine the valuation; 11.6(0) where 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 under similar conditions but tere isa significant change in the quantity of work carried out, the rales and prices in the Contract Documents shall be the basis. for determining the valuation which shall include a far adjustment inthe rates to take ino account such difference; 11.6(e) where work is not of a similar character to work as set out in the Contract ‘Documents, te valuation shall beat far market rates and prices determined by the Quantity Surveyor, 11.664) where work cannot be properly measured and valued in accordance with (Clause 11.6), (6) or (0), the Contractor shall be allowed 11.6(€)() the daywork rates in the Contract Documents; or 11.6(4)Gi) where there are no such daywork rates inthe Contract Documents, at the actual cost tothe Contactor of his material, additional construction plant and scaffolding, transport and labour forthe work coneemed, plus fifteen (15) percent, which percentege shall include forthe use of al tools, standing plan, standing seaffolding, supervision, overheads and profi In either ease, vouchers specifying the time spent daily upon the work, the ‘workers! names, materials, additional construction plant, scaffolding” and transport used shall be signed by the Site Agent and verified by the Site StaT and shatl be delivered to the Architect and Quantity Surveyor at weekly intervals with the final records delivered not lter than fourteen (Id) Days afer the work has been completed; 11.6(¢) the rates end prices inthe Contract Documeats shall determine the valuation of items omitted. If omissions substenilly vary the conditions under which any remaining items of work are caried out, the prices of such remaining items shall be valued under Clause 11.6), (b) or (@), and 4Additional ua expense caused by Variation ‘Aceoss to ns Contractor's books and documents Variations and us additional expenses added to Contract Sum 20 Measurementof = 12.1 building works Correction of 122 omissions 130 Contract Sum_ 13 not to be adjusted or altered 140 Materials and 141 g00ds not to be removed PAM Contact 2018 (With Qusitites) 11.6() in respect of Provisional Quantities, the quantities slated in the Contract ‘Documents shal! be re-measured by the Quantity Surveyor based on the actual {quantities executed within sixty (60) Days after the said works are completed. ‘The rates and prices in the Contract Documents shall determine their valuncons ‘Where @ Variation fas caused or is likely to cause tho Contractor to incur additional expenses for which he would not be paid under any provisions in Clause 11.6, the (Contractor may make a claim for such additional expenses provided always that 11.7G@) the Contractor shall give writen notice 0 the Architect of his intention to claim for such additional expenses together with an inital estimate of his claim duly supported with all necessary calculations. Such notice must be, given within twenty eight (28) Days ftom the date ofthe AI or CAL giving rise to his claim. The giving of such written notice shall be a condition precedent to ‘ny entitlement to additional expenses that the Contractor may have under the ‘Contact; ad 11.7(8) within twenty eight (28) Days of completing such Variation, the Contractor shall send to the Architect and Quantity Surveyor complete particulars of his claim for additional expenses together with all necessary celculations to substantiate his clams, If the Contactor fis to submit the required perticlars within the stated time (or within such longer petiod as may be agreed in ‘writing by the Architect, it shall be deemed thatthe Contractor has Waived his rights fo say such additional expenses, ‘The Contractor shall Keep contemporaneous records to substantiate all his claims for additional expenses under Cisuse 11.7, end shall submit all particulars tothe Architect and. Quantity Surveyor. The Architect and Quantity Surveyor shall have access to all books, documents, reports, papers or records in the possession, custody or contol of the Contractor that are material to the claim and the Contractor shall provide ffee of charge @ copy each to the Architect and Quantity Surveyor when requested, All such documents shall remain available in accordance with this clause unt all claims have been resolved ‘Tae Contractor shal use his best endeavour to ensure that all such similar €ocuments in the possession, custody or control of sub-contractors and/or suppliers that are material (othe claim are similariy availabe, ‘As soon as the Architect and Quantity Surveyor have ascertained the amount of Variations and/or additional expenses claimed by the Contractor under Clause 11,7, the amount 0 ascertained shall be added to the Contract Sum. When an Interim Certificate is issued after ‘the date of ascertainment, sch amount shall be included in the cetficate. Contract} ‘The quality and quentity of the work included in the Contract Sura shall be deemed to be ‘those which are set out in the Contract Bills and unless etherwise expressly state, shall be prepared in accordance with the principles of the Standard Method of Measurement of Building Works sanctioned by the Royal Institution of Surveyors Melaysia and eureally in force, ‘Unless otherwise expressly provided, the contract is « Lump Sum Contract. Any error in description, quantity or omission of items inthe Contact Bills shall not vtiate the Contract. and shall be comected by the Architect of Consultant Contract Sum ‘The Contract Sum shall not be adjusted or altered in any way whatsoever, other than in accordance with the express provisions of the Contract. Any arithmetical crors or any ferors in the prices and rates shall be corected and/or rationalised by the Architect oF Consultant without any change fo che Contract Sum before the signing of the Contact. Materials And Goods Materials and goods delivered to the Site for incorporation info the permanent works shall not be removed until completion of the Works unless prior consent in writing fom the ‘Architect has been obtained, which consent shal not be unreasonably withheld or delayed,Materials and | goods included in certificates Responsibility for ‘materials and ood Warranty of title of goods and materials Practical Completion Certificate of Practical ‘Completion Contractor's fallure to comply swith undertaking M42 3 144 180 151 152 153 PAM Contact 2016 (With Quant) Where the value of such materials end goods has in accordance with Clause 30.2 been included in any Interim Certificate uader which the Employer has effected payment, sue materials and goods shall become the property of the Employer. “The Contractor shal be responsible for any loss and/or damage to such materials and goods including materials and goods supplied by Nominated Sub-Controctors and Nominated Supplies. “The Contractor shall be deemed to have warranted that he has title ree ftom encumbrances {or such materials and goods upon inclusion ofthe vale of such materials and goods in any soplications for payments under Clause 30.1, In the event thatthe Contractor is found to Tove made a false warranty, any loss suffeed by the Employer shall be made good by the Contractor or shall be set-off under Clause 304, Practical Completion And Defects. ibility “The Works ate Practically Completed when: 15.1(@) in the opinion of the Architect, the Employer can have full use of the Works for their intended purposes, notwithstanding that there may be works and defects of a minor nature sill (o be executed and the Contractor has given to the Architect a written undertaking to make good and to complete such works and defects within a reasonable time specified by the Architect nd 15.100) other requirements expressly stated in the Contract Documents 25 @ pre Teajuisite forthe issuance of the Certificate of Practical Compiction have been complied with ‘When the whole of the Works ere Practically Completed, the Contractor shall forthwith five wen notice to that effect to the Architect who shall within fourteen (14) Days do either one of the following: 15.2(a) ifthe Architect is ofthe opinion thatthe Warks are not Practically Cormpleted ‘under Clause 151, the Architect shall give written notice to the Contractor swith copy extended to the Nominated Sub-Contractors stating the reasons for his opinion and specifying the works tht are incomplete andor the conditions that have not been complied wit; or 15.2(b) if the Architect is ofthe opinion thatthe Works are Practically Completed under Clause 15.1, the Architect shall issue the Cerificate of Practical ‘Completion. The date of Practical Completion shal be: 15.2(0)6) the date of receipt of the Contractor's written undertaking to ‘make good and to complete works and defects of 2 minor natre, ‘where there are such works and defests; oF 152(0\Gi) the date of rosin ofthe Contractor's written notice, where there sre no works and defecis of a minor nature, “The Certificate of Practical Completion shall be ised to the Contractor with copies extended to the Employer and Nominated Sub-Contractors. Upon the jsmuance of Certificate of Practical Completion by the Arehitest, the Contractor shall forthwith sotur Site possession tothe Employer. ‘Where applicable, the Contractor skal comply with his undertaking to attend to the works and defects of a minor nature under Clause 15.1(a) within the specified time. In the event the Contractor fils to comply wit his undertaking, the Employer may without prejudice to any other rights and remedies which he may possess under the Contract do any one of the following: 15.3(@) grant the Contractor additonal ex-grtia time to be specified by the Architect {oensble the Contractor to comply with his said undertaking; 15.3(6) employ and pay other Peron to execute any work which may be necessary to give effect to the Contractor's said undertaking. All costs incured including [ny loss and/or expense shall be set-off by the Employer under Clause 30-45 or 15.3(@) accept to leave all or any such works and defets of @ minor nature inthe ‘Works subject to an appropriate set-off under Clause 30.4.‘Schedule of 134 ' Defects Tnstruetion to Iss make good Defects Certitieate of 156 ‘Making Good Defects | ' i 160 161 Occupied Part With consent PAM Contac: 2018 (With Quettis) ‘Any Defects in the Wotks which appear within the Defects Liability Period shall be specified by the Architect in a schedule of defects which he shall deliver to the Contactor not later than fourteen (14) Days after the expiration ofthe Defects Liability Period. The Contractor shall make good the Defects specified within twenty eight (28) Days afer receipt ofthe schedule of defects (or within such longer period as may be agreed in writing by the Architect) atthe Contractor's cost. Ifthe Contactor fils o attend tothe Defets, the Employer may, without prejudice to any other rights and remedies which he may possess under the Contract, employ ard pay other Person to rectify the Defects and all costs incurred shall be setoft by the Employer under Clause 30.4. Ifthe Architect with the consent ofthe Employer, insincts the Contractor to leave the Defects inthe Works, then an ‘appropriate deduction for such Defects not made good by the Contactor shall be set-off by the Employer under Clause 30.4 Notwithotonding Clause 15.4, the Architect may al any time during the Defeets Liability + Period issue an AT requiring any critical Defects which need urgent rectification to be made ‘good within a easonable time specified by the Architect at the Contractor’ cost Ifthe Contactor fails to attend to such Defects within the time specified by the Architect, the [Employer may employ and pay other Person to rectify sueh Defects and all costs incurred shal be set-ofTby the Employer under Clause 30.4. Upon completion of making good all Defects which may have been required to be made ‘200d under Clause 15.4, the Contractor shall fortbuith give written notice tothe Architect {othat effect. The Architect shall within fourteen (14) Days do either one of the following: 15.6(a) _if the Architect is of the opinion that there is no Defects or the Contractor has ‘made good all Defects, the Architect shall issue a Certificate of Making Good Defecis. and the date of making good Defects shall be the date of receipt ofthe Contractor's written notice, The Certificate of Making Good Defects shall be issued to the Contractor and copies shall be extended to the Employer and Nominated Sub-Contractos; of 15.60) __ ifthe Architects of the opinion thatthe Defeets have not been made good, the ‘Architect shall give writen notice to the Contractor with copies to Nomingied ‘Sub-Contrators siting the reasons for the non-issuance of the Certificate of Making Good Defecis. Partial Possession By Employer If at any time before Practical Completion of the Works, the Employer wishes to take possession and occupy any part of the Works (“the Occupied Part") and the conseat ofthe Contactor (whose consent shall not be unreasonably delayed or withheld) has been obtained, then notwithstanding anything expressed or implied elsewhere in the Contract, the Employer may take possession ofthe Occupied Part and the following shal apply. 16.1(8) within fourteen (Id) Days from the date on which the Employer has taken possession of the Occupied Part, the Architect shall issue s Certificate of Partial Completion. The Certificate of Partial Completion shall state the Architect's estimate of the approximate total value of the Occupied Part and for all purposes of Ciause 16.0, the value so sited shall be deemed to be the total value ofthe Occupied Part 16.(8) for the purposes of Clauses 15.4, 15.5 and 16.1(9, Practical Completion of the Occupied Part shall be deemed to have occurred and the Defects Liability Period in respect ofthe Ocoupied Part shall be deemed to have commenced on the date which the Employer has taken possession; 16.1) the Liquidated Damages under Clauso 22.1 shall be reduced by the ratio ofthe estimated value ofthe Occupied Part tothe Contract Sum; 16.1(@ upon the issuance ofthe Certificate of Partial Completion, the Architect shall within fourteen (14) Days issue a certificate to release half the amount of the Retention Fund in the ratio ofthe estimated value of the Occupied Part to the (Contract Sum. The Contractor shall be entitled ta payznent within the Period of| Honouring Certificates; 16.1(@) shen inthe opinion ofthe Architect all Defecis in the Ozeupied Part which he ‘may have required to be made good undor Clause 154 or 15.5 have been made 200d, he shall issue a Certificate of Making Good Defects under Clause 15.6 in respect ofthe Oceupie Par; and 7Possession of ‘Occupied Ps without consent Conteactor to remove equipment Assignment by Employer Assignment by Contractor No sub- contracting indemnity ‘against injury or death Contractor's indem against loss and/or damage Contractor's Indemnity against claims by ‘workmen Indemnities not to be defeated PAM Contract 2018 (With Quantities) 162. 163 119 m4 172 173 180 181 182 183 184 16.1 upon the issuance of the Certificate of Making Good Defeots ofthe Occupied Part the Architect shall within fourtezn (14) Days issue a eertiicate for the release of the remaining amount of the Retention Fund in respect of the Gccupied Part, The Contractor shell be entitled to payment within the Period of Honouring Cerificate “The Employer may, without prejudice to any other rights and remedies which be may possess under the Contract, enter and occupy such part ofthe Works prior fo the completion Of the whole of the Works without the consent of the Contractor under Clause 16.1 provided always tha: 16.2(a) the completion of the Works has been delayed and a Cerificate of Non ‘Completion has been issued by the Architect under Clause 22.1; and 16.2(8) such entry and occupation of the Occupied Part can be effected without any “useasonable disturbance to the progress of the Contractor's remaining works. In tat event, the provisions of Clauses 16.1(e to 16.10 sll apply If the Employer takes possession of the Occupied Part under Clause 16.1 oF 162, the Contactor shall upon the watten instruction of the Architect remove his site facilities, ‘orstruction plant or equipment, materials and goods from the Occupied Part. Assignment And Sub-Contracting Other than assigning his rights, interests or benefits ander the Contract to his finenci {astitution, the Employer shell not without the written consent of the Contractor (such ‘consent shall not be unzeasonbly delayed or withheld) assign the same fo other partes. ‘Other then assigning any payment due or to become due under the Contact to his financial fnsttution, the Contractor shall not without the written consent of the Employer (such consent shall be at the sole discretion of the Employer) assign his rights, interests or benefits under the Contract to other partes. Except where otherwise provided by the Contract the Contractor shail not wholly ot substantially sub-contract the Works. Where the Contractor sub-contrats Inbour ony of Craftsmen, skilled or semi-skilled workmea to carry out any portion af the Works, this shall ‘ot constitute sub-contracting within the meaning ofthis cause Injury To Person Or Loss AndiOr Damage Of Property And In “The Contractor shall be lable for and shall indemnify the Employer against any damage, expense, lability, loss, claim or proceedings whatsoever whether arising et common Is by statue in respect of personal injury to or death of any person arising out of or ‘course of or caused by the carrying out of the Works and provided always thatthe samme is ‘Gue to any negligence, omission, default andar breach of contrat by the Contractor or of ‘any Person for whom the Contractor is responsible “The Contractor shall be liable for and shall indemnify the Employer against any damage, ‘expense, lability, loss, claim of proceedings due to loss and/or damage of any Kind ‘whatsoever to any property real or personal, including the Works and any other property of the Employer, in so far as such loss and/or damage arises out of or in the course of or by reason of the execution of the Works and provided always thatthe same is due to any hhegligence, omission, default andor breach of eontract by the Contractor or of any Person {or whom the Contractors responsible. “The Contractor shall be lable for and shall indemnify dhe Employer against any demage, expense, lability, loss, elaim or proceedings whatsoever arising out of claims by any and ‘every workman employed in and for the execution of the Works and for payment of ‘compensetion under or by virwe of the Workmen's Compensation Act 1952 and the Employees” Social Security Act 1968. “The indemnities given by the Contractor under Clauses 18.1 to 16.3 shall not be defeated or reduced by reason of any negligence or omission of the Employer, Architect, Consultant oF ther authorised representatives in filing to supervise or control the Contractor's site ‘operation or methods of working or temporary work or to detost or prevent or remedy Gefective work orto ensure proper performance of any obligation ofthe Contractor under the Contract