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PAM 2006 - Minor Works Contract

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Ning Chyang
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2K views27 pages

PAM 2006 - Minor Works Contract

Uploaded by

Ning Chyang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF or read online on Scribd
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Agreement And Conditions Of Minor Worf Contract Table of Ce tents Articles Of Agreement Protiminary Recitals Articles Anite 1 Aicle2 Aricle3 Asisle 4 Aric 5 Aicle 6 Atcle7 Anicle 8 Date of agreement Parties to agreement and their addresses ‘The nature of the works and the location ‘The drawings and the specification Contractor's Obligations Contract Sum Architect Engineer Quantity Surveyor ‘Specialist Consultant Definitions Meanings Attestation/Signatories Of The Parties Conditions Of Contract Clause ‘Contractor's Obligations ‘Completion of Works in accordance with Contract Documents Site operations Architect's Instructions (AI’) Contractor to comply with AL Al Contract Documents Contract Dgcuments ‘Statutory Obligations, Notices, Fees And Charges Statutory requirements ees, levies and charges Levels And Setting Out OF The Works Setting out ‘Testing And Lnspection ‘Standards of works, materials, goods and workmanship Site Agent Site Agent ‘Access To The Works ‘Acoess to the Works 0 Page ‘Table of Contents (Cont'd) Conditions Of Contract (Cont'd) Clause 90 9 92 100 101 102 103 20 121 130 Ba Site Stat Duty of Site Staff Directions given by Site Staff Variations [No Variations required by Architect shall vitiate Contract Issue of Variations after Practical Completion ‘Valuation rules Quality And Quantity Of The Works (Quality and quantity ofthe Works Lump Sum Contract Contract Sum Contract Sum not be adjusted or altered Materials And Goods “Materials and goods not to be removed “Materials and goods included in certificates ‘Warranty of ttle of goods and materials. Practical Completion And Defects Liability Practical Completion Cerificate of Practical completion ‘Contractors failure to comply with undertaking Schedule of Defects Instraction to make good defects Cenitivate of Making Good Defeots Injury To Persons Or Loss And/Or Damage Of Property And Indemnity To Employer ‘Contractor's indemnity against injury or death ‘Contractor’ indemnity against loss and/or damage Contactor’sindernites against claims by workmen Indemnities nota be defeated Insurance Against Injury To Persons And Loss And/Or Damage Of Property ‘Contractor to insure against injury to Persons and loss andlor damage of property Employee's social security scheme for local workmen Instance for local workmen not subject to SOCSO ‘Workmen's compensation insurance for foreign workers Placing of insurance with licensed insurance companies Insurance By The Contractor Contractor’ risks ‘Additional risks to be covered under the insurance Date OF Commencement, Postponement And Completion Date Commencement and Completion Sectional Commencement Dates Sectional Completion Dates Damage For Non-Completion Liquidated Damages and Certificate of Non-Completion ‘Agreed Liquidated Damages amount (Cerificate of Non-Completion revoked by subsequent Certfiate of Extension of Time Extension Of Time Submission of notice and particulars for extension of time Cerificate of Extension of Time (Other consideration for extension of time Relevant Events Extension of time after the issuance of Certificate of Non-Completion w, [Allparties mast ely upon their own sil and Judgment oF upon thos of ther advisers when using this document rand PAM asuies no ability fo anyaser or any third partyin connection with uch use- Table of Contents (Cont'd) Conditions OF Contract (Cont’é) Clause 210 ‘Loss And/Or Expense Caused By Matters Affecting The Regular Progress of The Works 201 Loss andior expense caused by matters affecting the regula progress of the Works 212 “Mariers materially affecting the regular progress ofthe Works 213 Loss and/or expense to be included in certificate 20 Determination Of Contractor's Employment By Employer 21 Defaults by Contractor 222 Procedure for determination 23 ‘Remedy limited to damages only 24 Employer's right and remedies not prejudiced 230 Determination Of Own Employment By Contractor 2 Defaults by Employer 22 Procedure for determination 23 Contractor's right and remedies not prejudiced 240 Certificates And Payment 241 Payment application and issuance of Architect's cetficate 242 ‘Amount due in Architect's certificate 243 Retention Fund 44 Rules regarding Retention Fund 5 Final Account 246 ems in Final Account 247 Conclusiveness of the Final Account 248 Issuance of Final Cerificate 249 24.10 250 Arbitration 251 Disputes refered to arbitration 232 Procedures for appointment of arbitrator 253 Arbitration Act and Rules 260 Notice = 261 Notice * 262 [Notice deemed served 263 Proof of Notice 264 Written communication 270 Performance Bond 21 Submission of Performance Bond 272 Form of Performance Bond 280 Governing Law 28.1 Governing law Appendix ay Page 19:20 0 20 20 0 20 1 MINOR WORK CONTRACT Articles Of Agreement ‘This Agreement ismde 00th ceenevenene se 8 Of neem rn 2 between of (or whose registered office or business address i situated at)... and ee nane B _ ‘of (or whose registered office or business address is situated at .. Whereas ‘The Employer is desire a (*) (hereinafier called “the Works’ at. and has caused drawings and Contract Bills showing and describing the work to be done to be prepared by his Architect and Consultant ‘And Whereas the Contractor has supplied the Employer with fully priced copy ofthe said Contract Bills - f ‘And Whereas the said daveings numbered inclusive (bereinafier referred to a5 the “the Contract Drawings’) and the Contract Bills have been signed by or on behalf of the partes hereto. (7 Brie description of he Works Now it is hereby agreed as follows: Article 1 For the consideration hereinafter mentioned the Contractor will upon and subject 1 the Contract cary out and complete the Works showin upon and described by or refered 10 in the Contract, Article 2 “The Employer wll py the Contractor the sum of Ringgit Malaysia: eM, ) (hereinafter referred to as “the Contract Sum’) or such other sum as shall become payable hereunder atthe times and in the manner specified in the Contract. Article3 ‘The term ‘the Architect’ inthe Contract shall mean ern th even of sch Peron cesng ob the Archit forthe pups of te Cont, such ether Personas he Employer sal pi within wenyeght 2) Days tere, No Archit 50 appoint sl be ented to deg or over any este o nat ere eee ete cee Article 4 “The term ‘the Engineer in the Contract shall mean: (2) Structural & Civil Engineer: (©) Mechanical & Electrical Engineer: of. Contractor's Obigatio Contract Sum Architect Engineer ‘rin the event of such Person ceasing to be the Engineer forthe purpose ofthe Contract, such other Personas the Employer shall appoint within twenty eight (28) Days therefrom. ‘The Engineee shall perform the duties expected of his profession, and the Architect may fom time to time delegate such duties and authority of the Architect tothe Engineer as the Architect deems fi Article S “The term “the Quantity Surveyor’ in the Contract shall mean ‘or in the event of such Person ceasing to be the Quantity Surveyor for the purpose of the Contract, such other Person asthe Employer shall appoint within twenty eight (28) Days therefrom. The Quantity Surveyor 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 Quantity Surveyor asthe Architect deems fit Article 6 “The term ‘the Specialist Consultant” inthe Contract shall mean: ove a aa of a ‘rin the event of such Person ceasing tobe the Specialist Consultant forthe purpose of the Contract, such other Person asthe Employer shall appoint within twenty eight (28) Days therefiom. The Specialist Consultant shall perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority ofthe Architect deems fit 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 (@) Appendix means the Appendix othe Conditions ofthe Contract; (b) Appropriate Authority means any statutory authority having jurisdiction over the Works: (©) Architect means the Person named in Article 3 and shall be a Professional ‘Architect or any other form of practice registred under the Architects Act 1967 ‘and approved by the Board of Architects, Malaysia: (@) Clause means the clauses in the Conditions ofthe Contract; (© Completion Date means the date(s) for completion of the Works stated in the “Appendix under Clause 18.0 or the lst extended date granted under Clause 20.0; (© Conditions means the Conditions of the Contract; (@) Consultant means the Engineer, Quanity Surveyor and/or Specialist Consultant as appropiate; () Contract or Contract Documents comprise the following documents: (the Leter of Award, (i) the Aries of Agreement; (ii) the Conditions of Contract; (Gv) the Contract Drawings; and (8) the Contract Bills; (Contract Bills comprise the following documents (as may be applicable): (@) Instruetions to Tenderers; (ii) Conditions of Tendering; (ii) Form of Tender, (iv) Preliminaries, () _ Preambles and Specification; (2) Bills of Quantities; (oii). Schedule of Rates; and (viii) any otherGocuments specifically mentioned in any of the above documents; Contract Sum means the sum stated in Article 2; (&) Contractor means the party named inthe 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 agrecment ofthe Employer, () Date of Commencement means the date(s) fixed and stated in the Appendix under Clause 18.0; (x) Day means calendar day including the weekly day of rest but excluding gazeted Foldays in the location where the Works is carried out (0) Defeets means defects, shrinkages or other faults due to materials or workmanship hot in accordance with the Contract and/or due to any faulty design (if any) undertaken by the Contractor, (0) Defects Liability Period means the period stated in the Appendix under Clause 44 (9) Employer means the party named in the Articles of Agreement and includes the Employer's legal successors or personal representatives or any Person to whom the right and obligations of the Employer have been transfered with the ‘agreement af the Contractor, (@ Engineer means the Person named in Ancle 4 and shall be a Profesional Engineer or any other form of pracice registered under the Registration of “Engineers Act 1967 and approved by the Board of Engineers, Malaysia; Definitions (®) Force Majeure means any circumstances beyond the control of the Contractor ‘caused by erorst acs, governmental or regulatory action, epidemics and natural disasters; (9) Lump Sum Contract means a fixed price Contract and is not subject to re- measurement or recalculation except for Provisional Quantities and Variations ‘which shall be valued under Clause 10.0; (Person means an individual, sole proprietorship, firm (partnership) o body corporate; (©) Provisional or Provisional Quantity means the estimated quantities of work provided in the Contract Bills for work to be executed or for the supply of any ‘materials and goods which cannot be determined oF detailed athe time; (©) Provisional Sums means the sums provided in the contract for work 10 be executed or forthe supply of any materials and goods which cannot be foreseen, determined or detailed at the time: (8) 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; (8) Schedule of Rates means any documents however entitled or described and which is intended to be used forthe purpose of valuing Variations; (9) Service Provider means any company or body authorised 9 provide water, electricity, telephone, sewerage and other related services; (@ Site means the land and other places on, in, under, over or through which the Works are to be executed and is provided by the Employer forthe purposes ofthe ‘Contract including other land and places obtained by the Contractor and accepted bby the Employer a forming part ofthe Site; (aa) Specialist Consultant means the Person named in Article 6 and such Person shall bbe a Specialist Consultant appointed by the Employer for @ designated scope of professional work; (ab) Variation means the alteation or modification ofthe design, quality or quantity of the Works; (a) We 8a period of seven (7) consecutive days; and 5) ‘Works mejns the works described inthe Articles of Agreement and refered to in the Contraet Documents and includes any changes made to these works in sccordanoe with the Contract. ee Article 8 In the interpretation of the Contract, unless the context requires otherwise, the following shall apply (@) 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, (6) Headings and Marginal Notes -the headings and marginal notes in the Conditions| ‘are not to be taken into consideration in the interpretation or construction ofthe ‘Conditions or ofthe Contract Meanings © o © Reference to legislation -a reference to any Acts is deemed to include references to any subsequent amendments, consolidation or replacement of the Acts; Singular and Plural - words importing the singular also include the plural and vice versa where the context requires; and \Where any word or phrase is given a defined meaning, any other grammatical form ofthat word or phrase as a comesponding meaning. IN WITNESS WHEREOF * The hand ofthe Employer hasbeen hereunto set the day and year) Signature fist above waiten inthe presence of: ) )Name ) YNRIC No. eee Signature a ek Name NRICNo. * The Common Seal of... affixed inthe presence of: IN WITNESS WHEREOF ‘The hand ofthe Contractor has been hereunto set the day and year) Signature. first above written in the presence of: ) ‘ ¢ ) Name ) DNRC cremeener Signature Name. NRICNo.. * The Common Seal of. B ee was hereunto affixed inthe presence of; Signatare e —= Signature Neat eee 3 (Nem = tee e Director Diecton'Sceretary* Pia eee 5 NRICNo. Delete a appropriate ‘Thea, ote Common Selo be winesed in accordance withthe Memorandum & Ailes of Assocation ofthe Company. ‘Completion of, Works in accordance with Contract Documents Site operations Contractor to ‘comply with AL al Contract Documents Statutory ‘requirements Fees, levies and charges Setting out 10 ud 24 22 31 4 42 51 ‘The Conditions Of Contract Contractor's Obligations ‘The Contractor shall upon and subject to these Conditions cay out and complete the ‘Works in accordance with the Contract Documents and in compliance therewith provide maierials, gods and standards of workmanship ofthe quality and standard described inthe ‘Contract Documents and/or required by the Architect in accordance with the provisions of the Contract. ‘The Contractor shall be flly responsible forthe adequacy, stability and*saftty of all temporary works and of all methods of construction of the Works, irrespective of any approval by the Architect or Consultan CAP) ‘The Contractor shall forthwith comply with all instructions issued to him by the Architect in regard to any mater in respect of which the Architect is expressly empowered by these ‘Conditions to issue instructions, All instructions issued by the Architect shall be in writing expressly entitled “Architect's Instruction” *AT'), All ther forms of writen instructions including drawings issued by the Architect shall be an Al 22(a) upon written confirmation from the Contractor entitled “Confirmation of ‘Architect's Instruction” ‘CAL); oF 22(6) upon subsequent confirmation of the writen instructions by the Architect with an AL Contract Dociments The Contract Documents are to be read as mutually explanatory of one another. In the event of any conflict or inconsistencies between any of the Contract Document, the priority inthe interpretation of such documents stall bein the fllowing descending order: 3.1(@) the Leterof Awant; 3.100) the Amticles of Agreement; 3.1(@) the Conditions of Contract; 3.1(@) the Contract Drawings; and 3.1(@) the Contract Bills, ‘Statutory Obligations, Notices, Fees And Charges ‘The Contractor shall comply with and submit all notices required by any laws, regulation, by-laws, terms and conditions of any Appropriate Authority and Service Provider in respect ‘of the execution of the Works and all temporary works. ‘The Contractor shall pay and indemnify the Employer against any liability in respect of any ‘es, levies and charges including any penakies which may arse from the Contractor's non compliance with any laws, regulation, by-laws, terms and conditions of any Appropriate “Authority and Service Provider in respect ofthe execution ofthe Works and all temporary ‘works. Ifthe Contractor fails to pay, the Employer may pay such amount and such amount together with any additional cost inthis connection shall be recovered fiom any monies due ‘orto become due tothe Contractor under the Contract Levels And Setting Out OF The Works ‘The Architect shall determine all levels which may be required 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 retify any erors arising ftom any inaccurte setting out. With the consent of the Employer, the Architect ‘may instruct that such errors need not be rectified subject to an appropriate deduction to be ‘made from the Contract Su, Standards of works, ‘materials, go0ds and workmanship Site Agent ‘Access tothe Works Directions given by Site Staff No Variations required by ‘Architect shall vitiate Contract Issue of Variations after Practical ‘Completion ‘Valuation rules 60 61 0 1 80 a1 101 102 M35 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 with the provisions ofthe Contract, Site Agent = ‘The Contractor shall appoint a competent person to be the Site Agent. The Site Agent for the purposes of the Contract shall be deemed to be the Contractor's authorised site representative, Tho Sito Agent shall bo asisted by much assistants and superior staff as necessary to execute the Works efficiently and satisfactory. The Site Agent shall be ‘employed ful ime on Site and in the event that he has to be temporarily absent from the Site, the Contractor shall designate a deputy in his place. ‘Access To The Works ‘The Architect, Consultant and their authorised representatives shall at all times have reasonable access tothe Works and to the factories, workshops or other places where any constuction plant, materials, goods and work are being fabricated, prepared or stored for the Contract. The Contractor shall ensure that all sub-contract contain provisions entitling the Architect, Consultant and their authorised representatives to have such access. Site Stat ‘The Employer may feo time to time appoint such number of Site Sta as the Employer shall deem necessary. The Site Staff shall act as inspectors under the direction of the Architect and the Contactor shall provide reasonable fails forthe performance of such tes ‘Any directions given to the Contractor o his Site Avent by the Site Staff shall be of no cffect, unless given in writing in regard to a matter in respect of which the Site Staff have been expresly authorised in writing by the Architect AIL such directions involving ‘Variation shall be of no effect, unless confirmed by an Al Variations ‘The Architect may issue an AL ordering a Variation or sanctioning any Variation made by the Contractor. No Variation ordered by the Architect or subsequently sanctioned by him shal vitiate the Contract. Pending the valuation of the Variations, the Contractor shall carry ‘ut with due diligence and expedition all Variations so instructed ‘The Architect may issue instructions in writing requiring a Variation at any time before the issuance ofthe Cetfcate of Practical Completion. Theteafer, any AI requiring a Variation ‘must be necessitated by obligations or compliance with the requirements of any ‘Appropriate Authority and Service Provider. ‘The valuation of Variations and work executed by the Contractor for which a Provisional ‘Quantity is included in the Contract andthe expenditure of Provisional Sums shall be made in accordance with the folowing rules: 10.32) ata lump sum price agreed between the parties; or 10.3(6) where appropiate, to be based on the rates in the Contract Bill x may be appropriate: 10.3(¢) in the absence of an appropriate rates in the Contract Bill, the rates in the Coniract or the Schedule of Rates shall be used 3s the basis for valuation, oF failing which 10:34) at the appropriate new rates, as may be agreed or which the Architect considers appropriate, ot 10.3) if the Architect so instructs, at daywork rates set out inthe Contract Bil, ‘Quality and quantity of the ‘Works Lump Sum Contract Contract Sum ‘ot tobe adjusted or altered Materials and g00ds not to be removed Materials and ods included. in certificates Warranty of tile of goods and materials Practical ‘Completion Certificate of Practical ‘Completion 110 2 20 m1 Bo BI 132 133 M0 14a 142 ‘Quality And Quantity OFThe Works ‘The quality and quantity ofthe work included in the Contract Sum shall be deemed to be those which are shown upon the Contract Drawings andior set out in the Contract Bills. Unless otherwise expressly stated, the measurements of Variations and Provisional ‘Quantities shall be carried out in accordance with te principles ofthe Standard Method of “Measurement of Building Works sanctioned by the Institution of Surveyors Malaysia and ‘currently in force, Unless otherwise expressly provided, the contract is a Lump Sum Contract and shall be

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