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PAM 2018 Without Quantity

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2K views53 pages

PAM 2018 Without Quantity

Uploaded by

Von Jin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Agreement And Conditions Of PAM Contract 2018 (Without Quantities) All partes must rely upon th Skil and judgment or upon those of thei advisers when wsing this do ‘and PAM assum ‘in connection wi iat ta ‘any tied partyin Table of Contents Articles OF Agreement Preliminary Recitals Arties Ale 1 Antcle2 Astle 3 Anicle4 Anicle 5 Antcle6 Astle 7 Aicle 8 ate of agreement Partics to agreement and their addresses The nature ofthe works and the location ‘The drawings Contractors Obligations Contract Sum Architect Engineer Quantity Surveyor Specialist Consultant Definitions Meanings Attestation/Signatories Of The Parties ‘The Conditions Of Contract, Clause 10 Contractor's Obligations rat Completion of Works in accordance with Contract Documents 12 ‘Temporary work and construction method 13 ‘Contractor's design and responsibilities 4 Discrepancy or divergence between documents 20 Architect's Instructions (‘A’) 21 Contractor to comply with AI 22 Al 23 Provisions empowering instructions 24 Feilure of Contractor to comply with AT 30 Contract Documents, Programme And As-built Drawings 31 Contract Documents 32 Custody of tender documents 33 Copies of documents 34 Further drawings or details 35 Works Programme 36 Programme not patt of Contract 37 Architect's acceptance of programme 38 Availability of documents 39 Limitation of use of documents 3.10 AAs-built Drawings and operation and maintenance manuals 40 ‘Statutory Obligations, Notices, Fees And Charges 41 Statutory requirements 42 Inconsistencies with statutory requirements PAM Contract 2018 (Without Quantities) Poco Use ot POUR Page 23 o Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 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 Feilure of Contractor to comply Warranties in respect of materials and goods Royalties And Intellectual Property Rights Indemnity to Employer Contractor's liability to pay Government royalties Site Agent Site Agent Instructions to Site Agent Exclusion of Person employed on the Works Access To The Works “Access to the Works Site Statt Duty of Site Staff Directions given by Site Star Variations, Provisional And Prime Cost Sums Definition of Variation [No Variations required by Architect shall vitate Contract, Issue of Variations after Practical Completion ‘Alon P.C. Sums and Provisional Sums ‘Valuation of Variations and Provisional Sums Valuation rules ‘Additional expense caused by Variation ‘Access to Contractor's books and documents ‘Variations and additional expenses added to Contract Sum ‘Quality And Quantity Of The Works Quality and quantity ofthe Works ump Sum Contract Contract Sum ‘Contract Sum not to be adjusted or altered ‘Materials And Goods “Materials and goods not to be removed Materials and goods included in certificates Responsibility for materials and goods ‘Warranty of title of poods and materials ‘Practical Completion And Defeets Liability Practical Completion Cenifcate of Practical Completion Contractor's failure to comply with undertaking Schedule of Defects PAM Contact 2018 (Without Quantities) Page ‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 135 156 16.0 161 162 163, 170 m1 172 173 180 181 182 183 Isa 190 19.1 192 193 194 195 20.8, 20.8.1 20.42 20.43 20.44 20.8 208.1 20B2 2083 DBs 20.85 20. 2061 202 2003 20C4 Docs 210 214 212 213 214 20 2211 22 23 230 21 22 Instruction to make good Defects Certificate of Making Good Defects Partial Possession By Employer Possession of Occupied Part with consent Possession of Oceupied 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 Contractor's indemnity against injury or death ‘Contractor's indemnity agains loss endor damage ‘Contactor’s indemnity against claims by workmen 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 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 Contractors risks - new buildings/works AAditional risks tobe covered under the insurance Placing of insurance with licensed insurance companies Application of insurance claim procoods nsurance Of New Buildings/Works ~ By The Employer Insurance by Employer Adkitonal risks required by the Contractor Maintenance of policy Failure of Employer fo insure Application of insurance claim proceods Insurance OF Existing Building Or Extension ~ By The Employer Employers risks - existing building or extension Additional 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 ofthe Works Damages For Non-Completion Liquidated Damages and Certificate of Non-Completion Agreed Liquidated Damages amount Carificate of Non-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-Contractor PAM Contrac 2018 (Without Quantities) Page 23.24 aii) ‘The Conditions Of Contract (Cont'd) Clause 233 234 235 236 27 BS Bo 2.10 240 281 242 243 244 25.0 25.1 252 253 254 255 256 257 258 260 26.1 262 263 264 26.5 266 263 210 214 272 273 24 25 216 m1 28 219 21.10 271 2712 2113, 24 28.0 28.1 282 283 284 285 286 287 288 ‘Table of Contents (Cont'd) Insufficient information Cerificate of Extension of Time (Other consideration for giving extension of ime Contractor to prevent delay Notification to Nominated Sub-Contractors Relevant Events Extension of time after the issuance of Certificate of Non-Completion ‘Architects review of extension of time after Practical Completion Loss And/Or Expense Caused By Matters Affecting The Regular Progress Of The Works Loss andlor expease caused by matters affecting the regular progress of the Works ‘Access to Contractor's books and documents Matters materially affecting th regular progress of the Works Loss and/or expense to be included in certificate Determination Of Contractor's Employment By Employer Defaults by Contractor Procedure for determination Contractor's insolvency Rights and duties of Employer and Contractor Records of Works Final Account upon determination ‘Remedy limited to damages only Employer's rights and remedies not prejudiced Determination Of Own Employment By Contractor Defaults by Employer Procedute 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 fllowing 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 of the Nominated Sub-Contracor's employment ‘Contractor's responsibilty for Nominated Sub-Contractors [Employer no privity of Contract with Nominated Sub-Contractors Re-nomination of sub-contractor due to determination by the Contractor Re-nomination of sub-contractor due to determination by the Nominated Sub-Contractor Contractor to recover additional expenses fom Nominated Sub-Contractor Contractor permitted to tender for P.C. Sums ‘Nominated Suppliers PC, Sums and Provisional Sums — Nominated Suppliers "Nominated Suppliers and their obligations ‘Objection to nomination of suppliers Action following objection of suppliers ‘Value of materials and goods supplicd by Nominated Supplicrs Payment to Nominated Suppliers Contractor's liability for Nominated Suppliers Employer no privity of Contract with Nominated Suppliers PAM Contract 2018 (Without Quantities) ww ‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 290 29.1 300 30.1 302 303 304 305 306 307 308) 309) 3010 3011 3012 30.13, 30.14 30.15 30.6 30.17 31.0 31 312 313 314 32.0 321 32.2 330 3311 340 341 342 350 35.1 352 353 360) 36.1 362, 363 364 370 321 372, 373 374 375 376 377 380 381 382 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 Errors in payment certificate Set-off 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 ofthe Final Account Issuance of Penultimate Certificate Issue of Final Certificate Final Cectificate Final Certificate not conclusive Interest ‘Outbreak Of Hostlities Hostiltes - 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" tights to adjudication or arbitration Expert Determination Disputes on all matters ‘Expert determination under PAM Rules [Expert determination shall not prejudice the partis’ rights to adjudication or arbitration Adjudication ‘Sot off disputes referred to adjudication [Notice to refer to adjudication Adjudication Rules Decision ofthe adjudicator Arbitration Disputes referred to arbitration Procedures for appointment of arbitrator Axbitation Act and Rules Powers of arbitrator ‘Consolidation of arbitration proceedings ‘Commencement of arbitration proceeding Arbitrators award to be final and binding on parties Notice Notice [Notice deem served PAM Contract 2018 (Without Quantities) Page 0 Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 383 Proof of Notice 384 Written communication 39.0 Performance Bond 391 Submission of Performance Bond 392, Formof the Performance Bond 393, ‘Validity ofthe Performance Bond 304 Failure to extend the validity 39.5 Payments from the Performance Bond 39.6 Return of Performance Bond 40.0 Governing Law 40. Governing Law Appendix PAM Contract 2018 (Without Quantities) Page B ERRRESS & ff wi PAM CONTRACT 2018 (WITHOUT QUANTITIES) Articles Of Agreement This Agreementis made one day of. between on ' ae ‘of (or whose registered office or business adress is situated at)... (hereinafter called ‘the Employer’) and. eee a ‘of (or whose registered office or business address is situated a) (hereinafter called ‘the Contractor’) (hereinafter called ‘the Works’ tnd has caused drawings and Contract Bills showing and describing the work fo be done to be prepared by his Architect and ‘Consultant. And Whereas the Contractor has supplied the Fmployer with a flly priced copy ofthe suid Contract Bills ‘And Whereas the suid drawings numbered inclusive (hereinafter referred to as “the Contract Drawings’) and the Contract Bills have been signed by or on behalf ofthe parties hereto. (0) Brie description ofthe Works PAM Contract 2018 (Without Quantities) 1 [Now itis hereby agreed as follows: Article 1 FFor the consideration hereinafter mentioned the Contractor will upon and subject to the Contract carry out and complete the Works shown upon and described by or refereed to in the Contact. Article? ‘The Employer will pay the Contractor th sum of Ringgit Malaysia eM ) (hereinafter referred to as the Contract Sum’) or such ‘other sum as shall hecome payable hereunder atthe times and inthe manner specified inthe Contec. Article 3 ‘The te ‘the Architect’ in the Contract shall mean, or in the event of such Person ceasing t0 be the Architect forthe purpose of the Contract, such other Personas the Employer shall appoint within twenty eight (28) Days therefrom. No Architeet so appointed shall be entitled to disregard or overrule any certificate or ‘opinion or decision or approval or instruction given by the preceding Architect, Article 4 ‘The term ‘the Engineer’ in the Contract shall mean: (@) Structural & Civil Engineer: . (©) Mechanica & Electrical Engineer. ‘PAM Contract 2018 (Without Quanites) Contractor's Obligations Contract Sum 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 therefrom, ‘The Engineer shall perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority of the Architect to the Engineer asthe Architect deems fit Article S ‘The term ‘the Quantity Surveyor’ inthe Contract shall mean of. ‘or in the event of such Person ceasing to be the Quantity Surveyor for the purpose of the ‘Contract, such other Person as the Employer shall appoint within twenty cight (28) Days therefiom. The Quantity Surveyor shall perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority of the Architect to the Quantity Surveyor asthe Architect deems fit Article 6 “The tem ‘the Specialist Consultant’ in the Contract shall meen: ® of ©, ©. of, (or in the event of such Person ceasing tobe the Specialist Consultant forthe purpose of the Contract, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom. 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 fit, PAM Contract 2018 (Without Quantities) 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 contest otherwise requires: @ o © @ © o @ ® 0 oO o (a) @) © © @ © Appendix means the Appendix to the Conditions of the Contact; Appropriate Authority means any statutory authority having jurisdiction over the Works; Architect means the Person named in Afticle 3 and shall be a Professional “Architect ot any other form of practice registered under the Architecis Act 1967 ‘and approved by the Board of Architects, Malaysia; Architect's Instruction or Alas described in Clause 2.2; As-built Drawings means as-built drawings for works designed (including altemative design) 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 ceificate issued under Clause 22.1; Certificate of Partial Completion means the certificate issued under Clause 16.15, Certificate of Practical Completion means the ceritieate issued under Clause 152; Certificate of Sectional Completion means the certificate issued under Clause 213; ‘Clase means the clauses in the Conditions ofthe Contact; Completion Date means the date(s) for completion of the Works stated in the Appendix under Clauses 21.1 and 21.3 or the last extended date granted under Clause 23.45, Conditions means the Conditions of the Contract; Confirmation of Architect's Instruction or CAL as described in Clause 2.2; Consultant means the Engincer, Quantity Surveyor and/or Specialist Consultant 28 appropriate; ‘Contract or Contract Documents comprise the following documents: (the Leter of Award; Gi) the Amicles of Agreement; Gil) the Conditions of Contract; Gv) the Contract Drawings; (¥)_ the Contract Bills; and (vi) other documents incorporated in the Contract Documents, unless expressly stated to be exchuded therefrom; Contract Bils comprise the following documents (as may be applicable (Instructions 10 Tenderers; Gi) Conditions of Tendering: Gi) Formof Tender; (iv) Preliminaries; (W)_Preambles and Specification; (vi) Summary of the Tender (or Contract Sum); (vi). Schedule of Rates; and (vi) any other documents specifically mentioned in any ofthe above documents; PAM Contract 2018 (Without Quantities) Definitions © © w © ) ) ” ® (a) (ey) co) (aa) (eo) wo (a) (ah) (ai) @ ‘Contract Sum means the sum stated in Article 2; Contractor means the perty named in the Articles of Agreement and includes the Contractor's legal 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 AU Risks Insurance ("CAR Insurance’) mcans an insurance policy ‘which provides cover against any physical loss or damage to work execute! and ‘materials and goods under a standard CAR Insurance policy. The minimm insurance risks are specified under Clauses 19,0, 20.4 or 20.B or 20, and the insurance shall have the appropriate endorsements, Any additional insurance risks in addition to those stated in these Conditions that are required tobe covered under the CAR Insurance shall be stated inthe Contract Bills Date of Commencement means the date(s) fixed and stated in the Appendix under Clauses 211 and 21.2; Day means calendar day including the weekly day of rest but excluding gazetted Folidays inthe Tocation where the Warks is earred out; Defects means defets,shrnkages or other faults due to materials or workmanship ‘ot in accordance with the Contract and Nominated Sub-Contract andlor due to any faulty design (f any) undertaken by the Contractor and Nominated Sub- Contractor; Defects Liability Period means the period stated in the Appendix under Clause 134; Employer means the party named in the Articles of Agreemeal and includes the Employcr’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 Contractor; Engineer means the Person named in Article 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, Malzysia; Final Account means the documents showing the adjustment of the Contract Sum issued under Clause 30.10; Final Certificate means the final certificate issued by the Architect under Clauses 30.14 and 30.15; Force Majeure means any circumstances beyond the contol of the Contractor ‘caused by femoris 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 letter of acceptance of the Contactors tender issued by or on behalf ofthe Employer, Lamp Sum Contract means a fixed price Contract and is not subject 10 re- ‘measurement or recalculation except for Provisional Quantities and. Variations ‘which shal 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 2 nomination by the Architect under Clause 27.2; Nominated Sub-Contractor means a sub-contractor nominated by the Architect under Clause 27.1; PAM Contract 2018 (Without Quantities) (ak, a (am) any (eo) (9) (og) (a) (0) (a (au) @) ow) @) (ey) (wa) (oa) () (0) (a) (oe) Nominated Supplier means a supplicr nominated by the Architect under Clause 281; PAM Sub-Contract 2018 means the form of contract as published by Peruubuhan ‘Akitek Malaysia where the sub-contractor is nominated under the PAM Contract 2018; Penultimate Certiticate means the payment certificate issued by the Architect for the release of monies to Nominated Sub-Contractors andor 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 ofthe contract under Clause 39.1; Period of Honouring Certificates means the period for honouring certificates sated in the Appendix under Clause 30.1; Person means an individual, sole proprietorship, fra (parmership) or boxy corporate; Practical Completion or Practically Completed means the state of completion described in Clause 15.1; Prime Cost Sums (PC. Sums’) means the sums provided in the contract for works or services to be executed by Nominated Sub-Contractor or for materials and goods tobe supplied by Nominated Supplier; Provisional or Provisional Quantity means the estimated quantities of work provided in the Contract Bills for work to be executed cr for the supply of any ‘materials and goods which cannot be determined or detailed atthe time: Provisional Sums means the sums provided in the contact and/or the Nominated Sulb-Contract for work tobe executed or forthe supply of any materials and goods hich cannot be foreseen, determined or detailed atthe 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 retsnod in accordance with Clause 30.5; Schedule of Rates means any documents however entitled or described and which is intended tobe used for the purpose of valuing Variations; Service Provider means any company or body authorised to provide water, electricity, telecommunication, sewerage and other rlated 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 Employcr for the purposes of the Contract including other land and places obtained by the Contactor and accepted by the Employeras forming part ofthe Site; Site Agent means the person appointed under Clause 8.1; Site Staff means the person appointed under Clause 10.1; Specialist Consultant means the Person named in Antcle 6 and such Person shall be a Specialist Consultant appointed by the Employer for a designated scope of professional work; ‘Variation means changes made tothe Works as defined under Clause 11.15, ‘Week means a period of seven (7) consecutive days: PAM Contact 2018 (Without Quantities) 9 be) ‘Works means the works described inthe Articles of Agreement and refered to in ‘the Contract Documents anc includes any changes made to these works in accordance with the Contract; and Works Programme means the works programme described in the Contract Documents and in Clause 3.5 Article 8 {In the interpretation of the Contract, unless the context requites otherwise, the following shall apply: @ 3) © @ © Gender - words of one gender include the other gender, and words denoting natural persons include corporations and firms and all such words are to be construed interchangeably in that manner; ‘Headings and Marginal Notes - the headings and marginal notes in the Conditions fare not to be taken into consideration in the interpretation or construction of the CConiitions or of the Contract; Reference to legislation » reference 1o any Acts is deemed to include references ‘tony subsequent amendments, consolidation or replacement ofthe Acts; ‘Singular and Plural - words importing the singular also include the pura and vice versa where the context requires; and Where any word or pase is given a defined meaning, any other grammaticel form ‘of that word or phrase has a corresponding meaning, PAM Contact 2018 (Without Quantities) Meanings IN WITNESS WHEREOF “The hand of the Employer has been hercunto se the day and year fist above writen inthe presence of: Signature of Witness. st "The Common Sel Of snnnsnannmnn ‘was hereunto affixed in the presence of Signature of Diect0F. seen IN WITNESS WHEREOF * The hand ofthe Contractor hus been hereunto set the day and year fits above writen inthe presence of Signature of Witness Name... NRICNo..... The Common Seal Of nnn as hereunto affixed inthe presence of: Signature of Diet0e esses Name: NRICNo. * Delete as appropriate ) Signature of Employer. ) ) Name ) JINRIC NO... ‘Signature of Director/Sectetty ane Name

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