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    Beza PWD Dan Pam

    Uploaded by

    Khairul Nizam Mahmood
    The document compares the JKR/PWD and PAM standard forms of construction contracts in Malaysia. It outlines some key differences: 1) JKR/PWD contracts cover all building and engineering works for public sector projects, while PAM contracts only cover building works for private sector projects. 2) The PWD 203A form (1983) does not allow contractors to suspend work if payment is delayed, while the PAM 2006 form explicitly permits suspension of work with written notice if the employer does not make payment on time. 3) Both forms require interim certificates to be honored within 30 days (PWD 203A) or 21 days (PAM 1998), but the PAM 2006 form gives contractors more leverage

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    © All Rights Reserved
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    Beza PWD Dan Pam

    Uploaded by

    Khairul Nizam Mahmood
    2K views3 pages
    The document compares the JKR/PWD and PAM standard forms of construction contracts in Malaysia. It outlines some key differences: 1) JKR/PWD contracts cover all building and engineering works for public sector projects, while PAM contracts only cover building works for private sector projects. 2) The PWD 203A form (1983) does not allow contractors to suspend work if payment is delayed, while the PAM 2006 form explicitly permits suspension of work with written notice if the employer does not make payment on time. 3) Both forms require interim certificates to be honored within 30 days (PWD 203A) or 21 days (PAM 1998), but the PAM 2006 form gives contractors more leverage

    Original Description:

    Perbezaan Public Work Department 203A & Pertubuhan Arkitek Malaysia

    Original Title

    Beza Pwd Dan Pam

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    The document compares the JKR/PWD and PAM standard forms of construction contracts in Malaysia. It outlines some key differences: 1) JKR/PWD contracts cover all building and engineering works for public sector projects, while PAM contracts only cover building works for private sector projects. 2) The PWD 203A form (1983) does not allow contractors to suspend work if payment is delayed, while the PAM 2006 form explicitly permits suspension of work with written notice if the employer does not make payment on time. 3) Both forms require interim certificates to be honored within 30 days (PWD 203A) or 21 days (PAM 1998), but the PAM 2006 form gives contractors more leverage

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views3 pages

    Beza PWD Dan Pam

    Uploaded by

    Khairul Nizam Mahmood
    The document compares the JKR/PWD and PAM standard forms of construction contracts in Malaysia. It outlines some key differences: 1) JKR/PWD contracts cover all building and engineering works for public sector projects, while PAM contracts only cover building works for private sector projects. 2) The PWD 203A form (1983) does not allow contractors to suspend work if payment is delayed, while the PAM 2006 form explicitly permits suspension of work with written notice if the employer does not make payment on time. 3) Both forms require interim certificates to be honored within 30 days (PWD 203A) or 21 days (PAM 1998), but the PAM 2006 form gives contractors more leverage

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The document discusses the differences between JKR/PWD and PAM standard forms of contracts as well as differences in interim payment procedures and provisions for suspension of work due to delayed payment between various contract forms.

    JKR/PWD contracts cover all government projects while PAM contracts cover private sector building work only. Standard forms for JKR/PWD include 203, 203A, 203N, 203P while standard forms for PAM include PAM 98 and PAM NSC 98.

    The interim payment period and issuing person differ between JKR/PWD 203A and PAM 1998. JKR/PWD 203A allows suspension of work for delayed payment while PAM 1998 does not.

    DIFFERENCE BETWEEN JKR/PWD & PAM CONTRACT

    JABATAN KERJA RAYA/PUBLIC WOKRS


    PERTUBUHAN ARKITEK MALAYSIA (PAM)
    DEPARTMENT(JKR/PWD)

     Standard form of contract for government &  Standard form of contract for private sector &
    public sector project traditional general contract

     JKR/PWD covered all building & engineering  PAM covered building work only
    work

     Standard form for JKR/PWD are:  PAM contract not covered


    i. 203 (Rev 10/83) – w/o quantities i. Engineering construction contract
    ii. 203A (Rev 10/83) – w/ quantities (other than building)
    iii. 203N (Rev 10/83) – NSC ii. Package deal / Turnkey
    iv. 203P (Rev 10/83) – for nominated iii. Management type
    suppliers iv. Domestic subcontract
    v. PWP Form DB/T (2000 Edn) For v. Serial contract
    Design and Build Turnkey Contracts vi. Periodic / Term contract
    vii. Continuation control
     Miscellaneous: viii. Other miscellaneous contract
    i. CIDB Form for building contracts
    2000 Edn  Standard form for PAM:
    ii. Modified JKR/PWD Forms, e.g. LPK, (Building Works)
    MHA, etc i. PAM 98 – w/ quantities
    ii. PAM 98 – w/o quantities
    iii. PAM NSC 98
    ISSUES
    ISSUES OF PERIOD OF
    PERIOD OF
    INTERIM HONOURING AMOUNT TO BE
    INTERIM ISSUING PERSON
    CERTIFICATE OF THE PAID
    CERTIFICATE
    SITE VALUATION CERTIFICATE
    CONTRACT
    FORM

    30 days from the date


    14 days after site Superintending Value of Work Done
    One month of the issuance of the
    PWD 203A valuation Officer + 90% Material on
    [Clause 47(a)] Interim Certificate
    [Clause 47(b)] (S.O) Site
    [Clause 47(d)]

    Upon the receipt of 14 days from the date


    Value of Work Done
    One month Contractors details of the issuance of
    PAM 1998 Architect + 90% Material on
    [Clause 30.2] and particulars Interim Certificate
    Site
    [Clause 30.2] [Clause 30.2]
    PWD 203A Standard Form of Contract (Ed.1983)

    This form of contract contains no expressed provision that allows the Contractor to suspend
    the works if his payment was unduly delayed or he is not getting his payment at all.

    In the PWD203A Form of Contract (2007), it is stipulated that the period for honouring the
    certificate is 30 days from the date of the issuance of the certificate. Clause 30.1 of the PAM
    Form of Contract (2006) stated that the period of honouring certificate is within 21 days after
    the issuance of the certificate. Any payment made later than the stipulated time frame can be
    considered as late or delayed payment.

    PAM Form of Contract 1998

    There is no express provision that permits the Contractors to suspend his work when he is not
    paid, or his payment was not forthcoming in due time after receiving the Interim Certificate
    .Clause 25(1)(ii) and Clause 23.4 state that the Contractor is to proceed regularly and diligently
    and he is to use his best endeavours to prevent delay. The clauses clearly demand the Contractor
    to show a good performance and continue with the work to prevent disruption to the progress
    of the project.

    PAM Form of Contract 2006

    But the new PAM 2006 contains provision that give the Contractor to suspend the progress of
    work if the Contractor is faced with problem of delayed or non-payment by the Employer. It is
    clearly stated in Clause 30.7. But it requires the Contractor to give a written notice to Employer
    with reason to suspend the works until the Employer has paid the amount due to the Contractor.

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