Professional Documents
Culture Documents
CIDB Standard Form of Contract 2000
CIDB Standard Form of Contract 2000
of ..
[Address of Employer]
.
(hereinafter called the Employer) of the one part;
AND
[Name of Contractor]
of
[Address of Contractor]
.
(hereinafter called the Contractor) of the other part.
WHEREAS:
(1)
The Employer is desirous that certain Works should be designed (to the extent required
by the Contract), executed and completed by the Contractor, namely,
...
[Brief description of the Works]
and has caused Drawings, Specifications and Bills of Quantities (if Option Module A
applies) showing and describing the Works to be executed, to be prepared by or under the
direction of the Superintending Officer.
(2)
The Employer has accepted a Tender by the Contractor for the design (to the extent
provided for by the Contract Documents), execution and completion of the Works and the
remedy of Defects.
Article 1
In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned the Contractor will upon and subject to the Contract Documents carry out the design
(to the extent required by the Contract), execute and complete the Works shown upon and
described by or referred to in the Contract Documents and remedy the Defects in accordance with
the Conditions of Contract.
Article 2
The Employer will pay to the Contractor for the design (to the extent required by the Contract)
execution and completion of the Works and the remedy of Defects the sum of Malaysian Ringgit:
(RM.)
Only or such sum as may become payable under the provisions of the Contract (hereinafter called
the Contract Sum) at the times and in the manner prescribed by the Contract.
II
Article 3
The following Contact Documents (in order of priority) shall be deemed to form and be read and
construed as part of the Contract: (1)
(2)
(3)
The Conditions;
(4)
(5)
The Drawings;
(6)
The Specifications;
(7)
The Schedule of Works or Bills of Quantities (if Option Module A applies); and
(8)
(b)
(c)
(d)
III
Article 4
The term Superintending Officer in this Contract shall mean
[Name of person,]
.
of
[Address of Superintending Officer]
.
or in the event of his death or ceasing to be the Superintending Officer for the purpose of the
Contract, such other person as the Employer shall nominate and appoint within 30 days a
succeeding Superintending Officer for that purpose. Provided that during the continuance of the
Contract the person succeeding as the Superintending Officer shall not disregard or overrule any
decision, approval or instruction given to the Contractor in writing by his predecessor unless he is
satisfied that such action will not cause any pecuniary loss to the Contractor or unless such action
be ordered as a Variation pursuant to Clause 24 of the Conditions of Contract.
Article 5
The term Architect in the Contract shall mean ..
[Name of person]
of
[Address of the Architect]
or in the event of his death or ceasing to be the Architect for the purpose of the Contract, such
other person as the Employer shall nominate and appoint within 30 days a succeeding Architect
for that purpose.
IV
Article 6
The term Civil and Structural Engineer in the Contract shall mean .
.
[Name of person]
of
[Address of Civil and Structural Engineer]
or in the event of his death or ceasing to be the Civil and Structural Engineer for the purpose of
the Contract, such other person as the Employer shall nominate and appoint within 30 days a
succeeding Civil and Structural Engineer for that purpose.
Article 7
The term Mechanical and Electrical Engineer in the Contract shall mean .
.
[Name of person]
of
[Address of Mechanical and Electrical Engineer]
or in the event of his death or ceasing to be the Mechanical and Electrical Engineer for the
purpose of the Contract, such other person as the Employer shall nominate and appoint within 30
days a succeeding Mechanical and Electrical for that purpose.
Article 8
The term Quantity Surveyor in the Contract shall mean ...
.
[Name of person]
of
[Address of Quantity Surveyor]
or in the event of his death or ceasing to be the Quantity Surveyor for the purpose of the
Contract, such other person as the Employer shall nominate and appoint within 30 days a
succeeding Quantity Surveyor for that purpose.
Article 9
The term Specialist Consultant in the Contract shall mean:
(1)
..
[Name of person]
of ...
[Address of the Specialist Consultant]
(2)
..
[Name of person]
of ...
[Address of the Specialist Consultant]
(3)
..
[Name of person]
of ...
[Address of the Specialist Consultant]
VI
Article 10
If any dispute or difference shall arise in connection with or out of the Contract or the execution
of the Works, such dispute or difference shall be resolved in accordance with the provisions of
Clause 47 of the Conditions of Contract.
Article 11
In these Articles of Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract annexed hereto.
VII
IN WITNESS WHEREOF
*The hand of the EMPLOYER has been hereunto set the day and year
first above written in the presence of:
}
}
}
}
}
}
}
Signature .....
Name .......
Designation ...
Name ....
Identity Card No .
Signature .
Signature .....
Name ....
Director
Name ...
Director/Secretary*
IN WITNESS WHEREOF
*The hand of the CONTRACTOR has been hereunto set the day and
year first above written in the presence of:
Signature of Witness ..
}
}
}
}
}
}
}
Signature .....
Name ...
Designation ...
Name ....
Identity Card No .
Signature ..
Signature .....
Name
Director
Name ...
Director/Secretary*
* Delete as appropriate
The affixing of the Common Seal to be witnessed in accordance with the Articles of Association of the Company.
VIII
TABLE OF CONTENTS
Page No.
ARTICLES OF AGREEMENT
I - VIII
CONDITIONS OF CONTRACT
1
1.1
1.2
1.3
1.4
2
2.1
2.2
2.3
2.4
9
9
9
9
10
3
3.1
3.2
3.3
3.4
3.5
10
10
11
11
12
12
4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
CONTRACT DOCUMENTS
Contract Documents to be Mutually Explanatory
Custody of Contract Documents
Supply of Drawings by Superintending Officer
Supply of Drawings by the Contractor
Drawings to be Kept on Site
Need for Further Drawings
Supplementary Drawings and Instructions
Consequences of Delay in Supplying Further Drawings
Confidentiality and Limitation of Use of Documents
As-Built Drawings
12
12
12
12
13
13
13
14
14
14
15
5
5.1
5.2
15
15
5.3
5.4
5.5
5.6
6
6.1
1
1
8
8
8
15
16
16
16
16
17
17
(i)
Page No.
7
7.1
7.2
7.3
7.4
7.5
17
17
17
18
18
18
8
8.1
NOTICES
Serving of Notices
18
18
9
9.1
9.2
19
19
19
10
10.1
10.2
10.3
19
19
20
20
11
11.1
ENVIRONMENTAL MATTERS
Compliance with Environmental Quality Act 1974
21
21
12
12.1
12.2
SETTING OUT
Accurate Setting Out
Errors in Setting Out
21
21
21
13
13.1
13.2
13.3
13.4
SITE ADMINISTRATION
Days and Hours of Working
Contractors Representative
Removal of Workmen and Other Personnel
Access for Superintending Officer
22
22
22
23
23
14
14.1
14.2
14.3
14.4
23
23
24
24
24
15
15.1
15.2
15.3
15.4
15.5
15.6
15.7
QUALITY IN CONSTRUCTION
Equipment, Materials, Goods and Workmanship
Quality Assurance and Quality Control
Supply of Samples
Cost of Test
Examination and Measurement of Works before Covering Up
Uncovering and Making Openings
Defects during the Progress of the Works
25
25
25
25
25
26
27
27
16
16.1
16.2
LABOUR
Engagement of Workmen and Labour
Returns of Labour
28
28
28
(ii)
Page No.
17
17.1
17.2
17.3
17.4
28
28
29
29
30
18
18.1
18.2
OTHER CONTRACTORS
Employers Right to Employ Other Contractors
Inspection of Work Done by Other Contractors
30
30
30
19
19.1
19.2
19.3
SUSPENSION
Suspension of Work
Prolonged Suspension
Effects of Prolonged Suspension
31
31
31
32
20
20.1
20.2
20.3
32
32
33
33
21
21.1
21.2
21.3
21.4
TEST ON COMPLETION
Notice of Tests and Test Reports
Failure to Appoint Time for Test
Facilities for Test on Completion
Repeat Tests
34
34
34
34
34
22
22.1
SECTIONAL COMPLETION
Completion in Sections
35
35
23
23.1
23.2
23.3
35
35
36
37
24
24.1
24.2
24.3
24.4
24.5
24.6
24.7
37
37
39
39
40
41
41
41
25
25.1
25.2
41
41
42
(iii)
Page No.
26
26.1
26.2
26.3
26.4
42
42
43
43
43
27
27.1
27.2
27.3
27.4
27.5
27.6
27.7
43
43
44
44
44
44
45
45
28
28.1
VARIATIONS
Power to Order Variations
45
45
29
29.1
29.2
29.3
VALUATION OF VARIATIONS
Valuation Method
Agreement on Valuation
Inclusion of Variations in Interim Certificates
46
46
47
48
30
30.1
30.2
30.3
30.4
MEASUREMENT
Contractor to Attend Measurement
Contractor to Provide Assistance
Record of Measurements
Failure to Agree Measurements
48
48
48
49
49
31
31.1
49
49
32
32.1
32.2
32.3
32.4
32.5
32.6
50
50
51
51
52
52
52
33
53
53
53
53
53
54
54
33.1
33.2
33.3
33.4
33.5
33.6
(iv)
Page No.
34
34.1
34.2
GENERAL RESPONSIBILITIES
Care of the Works
Responsibility to Rectify Damage, Loss or Injury
54
54
55
35
35.1
35.2
35.3
35.4
35.5
INDEMNITY PROVISIONS
Injury to Persons
Damage to Property
Contribution
Contractor to Rectify Damage
Damage to Property of Employer or Relevant Authority
55
55
55
56
56
56
36
36.1
36.2
36.3
57
57
57
57
37
37.1
37.2
37.3
37.4
58
58
58
59
59
38
38.1
60
60
38A
38A.1
38A.2
38A.3
38A.4
38A.5
38A.6
60
60
60
61
61
61
62
38B
38B.1
38B.2
38B.3
38B.4
62
62
63
63
64
38C
65
38C.1
38C.2
38C.3
38D.4
39
39.1
67
67
40
40.1
40.2
40.3
40.4
67
67
68
68
68
65
66
66
66
(v)
Page No.
41
41.1
41.2
69
69
69
42
42.1
42.2
42.3
42.4
42.5
42.6
42.7
42.8
42.9
42.10
42.11
42.12
42.13
PAYMENT
Statement of Work Done
Valuation and Interim Certificates
Retention Monies
Correction of Certificates
Statement at Completion
Penultimate Certificate
Final Claim Statement
Final Account and Final Certificate
Period of Honouring Certificate
Suspension for Non Payment
Deemed Payment
Delay in Certification
Effect of Payments other than Payment of Final Certificate
70
70
70
71
73
73
74
74
75
76
77
78
78
78
43
43.1
43.2
78
78
79
44
44.1
44.2
44.3
44.4
44.5
DETERMINATION BY EMPLOYER
Determination Due to Default By Contractor
Determination Due to Bankruptcy or Insolvency
Effects of Determination of Contractors Employment
Certificate of Termination Costs
Notices under Clause 44
80
80
81
82
84
85
45
45.1
45.2
45.3
45.4
85
85
86
87
88
46
46.1
46.2
88
88
88
47
47.1
47.2
47.3
47.4
SETTLEMENT OF DISPUTES
Reference to the Superintending Office
Reference to Mediation
Reference to Arbitration
Settlement of Dispute in the Event of Determination
89
89
89
90
92
48
48.1
92
92
49
49.1
GOVERNING LAW
Law
92
92
(vi)
Page No.
50
50.1
93
93
51
51.1
51.2
51.3
51.4
MISCELLANEOUS PROVISIONS
Business Ethics
Declaration Against Waiver
Notice of Garnishment
Stamp Duties
93
93
93
93
93
APPENDIX
94
97
98
100
107
110
111
(vii)
CONDITIONS OF CONTRACT
1
1.1
Definitions
Definitions
Meaning
(b)
(c)
Appendix
Articles of Agreement
Certificate of
Extension of Time
Certificate of Making
Good Defects
Certificate of NonCompletion
Certificate of Practical
Completion
Certificate of
Termination Cost
CIDB
Conditions
Construction Plant
Contract or
Contract Documents
Contract Sum
Contractor
Contractors
Representative
Date of
Commencement
Date of Practical
Completion
Date of Tender
Day
Defects
Defects Liability
Period
(b)
Drawings
Employer
Equipment
Excepted Risks
(b)
(c)
(d)
(e)
Final
Certificate
Government
Interim Certificate
Letter of Award
(a)
(b)
(c)
Month
Option Module
Particular Conditions
Payment Bond
Performance Security
Deposit
Practical Completion
Provisional Sum
Public Holiday
Retention Monies
Retention Percentage
Safety Requirements
Schedule of Rates
Schedule of Works
Site
Specifications
State Government
Superintending Officer
an individual, or
the principal of a sole proprietorship, or
a partner of a partnership, or
a director of a corporation;
Statutory
Requirements
Tender
Temporary Works
Test on Completion
Variation
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
1.2
Week
Works
Singular and
Plural
Words importing the singular also include the plural and vice versa
where the context requires.
1.3
Headings and
Marginal Notes
The headings and marginal notes in the Conditions shall not be deemed
to be part of the Conditions or be taken into consideration in the
interpretation or construction of the Conditions or of the Contract.
1.4
Persons, Firms or
Corporation
2.1
2.2
2.3
(a)
(b)
(c)
(b)
(b)
Superintending
Officers Duties
and Authority
Superintending
Officers
Representatives
Superintending
Officers
Authority to
Delegate
(c)
2.4
Provided that:
(i)
(ii)
(iii)
Appointment of Assistants
(a)
(b)
3.1
Appointment of
Assistants
Compliance with
the
Superintending
Officers
Instructions
10
(ii)
(b)
3.2
3.3
(b)
Instructions to be in Writing
(a)
(b)
(c)
Provisions
empowering
instructions
Instructions to be
in writing
11
3.4
3.5
Urgent Repairs
(a)
(b)
CONTRACT DOCUMENTS
4.1
(b)
(c)
The Conditions;
(d)
(e)
The Drawings;
(f)
The Specifications;
(g)
(h)
Instructions to
Nominated SubContractor or
Nominated
Supplier
Urgent Repairs
Contract
Documents to be
Mutually
Explanatory
12
4.2
4.3
(b)
4.4
4.5
(ii)
Custody of
Contract
Documents
Supply of
Drawings by
Superintending
Officer
(b)
Supply of
Drawings by the
Contractor
Drawings to be
Kept on Site
13
(ii)
(b)
4.7
4.8
the Contractor has duly given the notice pursuant to Clause 4.6
and if the Superintending Officer shall not have complied with
any of its requirements; or
(b)
Supplementary
Drawings and
Instructions
Consequences of
Delay in
Supplying
Further Drawings
and if the progress or completion of the Works or any part of the Works
has been materially affected by such failure on the part of the
Superintending Officer then the Superintending Officer shall, subject to
Clauses 32 and 42, certify any Loss and Expense which the Contractor
has incurred and, subject to Clause 24, grant the Contractor an extension
of time.
4.9
Confidentiality
and Limitation of
Use of Documents
14
(b)
4.10
As-built Drawings
As-built Drawings
(b)
5.1
5.2
(a)
(b)
(b)
Submission of
Programme and
Method Statement
Works
Programme and
Method Statement
not Part of
Contract
Document
15
5.3
5.4
Approval
(a)
(b)
(c)
Disapproval
Approval
Disapproval
Start of Work
Without Approval
The Contractor shall from time to time during the progress of the
Works make modification or revision to the works programme
and/or method statement to take into account any changed
circumstances or event affecting the progress and/or the execution
of the Works.
(b)
Modification or
Revision to Works
Programme
and/or Method
Statement
16
6.1
(b)
(c)
(d)
(e)
(f)
7.1
7.2
(a)
The Contractor shall, with due care and diligence, design (to the
extent required by the Contract), execute and complete the Works
and remedy Defects to the satisfaction of the Superintending
Officer in accordance with the provisions of the Contract.
(b)
Employers
General
Responsibilities
Contractors
General
Responsibilities
Site Operations
and Methods of
Construction
17
writing between the Employer and the Contractor) for the design
of the Works or for the design of any Temporary Works not
prepared by the Contractor or by his sub-contractors or suppliers.
(b)
7.3
7.4
7.5
(b)
(c)
Contractors
Responsibility for
Sub-contractors
Responsibility for
Identifying the
Discrepancy
Sufficiency of
Contract Sum
NOTICES
8.1
Serving of Notices
(a)
Serving of Notices
18
(b)
(i)
(ii)
Either party may change the address set out in the Articles of
Agreement by giving 14-Day notice to the other party and the
Superintending Officer and in the case of the Superintending
Officer by giving 14-Day notice to both parties.
9.1
Patent Rights
9.2
(a)
(b)
Royalties
Patent Rights
Royalties
10
10.1
Statutory Requirements
(a)
Statutory
Requirements
19
10.2
10.3
(b)
(c)
(b)
Variation arising
from Compliance
Change in
Statutory
Requirements
20
11
ENVIRONMENTAL MATTERS
11.1
12
SETTING OUT
12.1
12.2
(a)
(b)
(ii)
(iii)
Compliance with
Environmental
Quality Act 1974
Accurate Setting
Out
Errors in Setting
Out
(ii)
21
(b)
13
SITE ADMINISTRATION
13.1
13.2
(a)
(b)
(c)
For the purpose of this Clause 13.1, the term night shall mean
the period from 7.00 p.m. to 7.00 a.m.
Contractors Representative
(a)
(b)
(c)
Contractors
Representative
22
(d)
13.3
13.4
(b)
(b)
14
14.1
Removal of
Workmen and
Other Personnel
Access for
Superintending
Officer
Compliance with
Safety
Requirements
23
(a)
(b)
(c)
(d)
14.3
14.4
(b)
(b)
Safety Measures
(a)
(b)
Submission of
Safety
Programme
Safety Measures
24
15
QUALITY IN CONSTRUCTION
15.1
15.2
15.3
Equipment,
materials,
goods
and
workmanship
shall
be:
(a)
(b)
(b)
Supply of Samples
Equipment,
Materials, Goods
and
Workmanship
Quality Assurance
and Quality
Control
Supply of Samples
Cost of Test
Cost of Test
(a)
(b)
The cost of carrying out any test shall be borne by the Contractor
if such test is:
(i)
(ii)
The cost of carrying out any test shall be borne by the Employer
if such test is:
(i)
25
(ii)
15.5
(b)
(c)
(ii)
(iii)
(iv)
Examination and
Measurement of
Works before
Covering Up
26
15.6
15.7
(b)
If any such part of the Works has been covered up or put out of
view after compliance with the requirements of sub-clauses
15.5(a) and 15.5(b) and is found to be executed in accordance
with the Contract then, such work carried out by the Contractor
shall be deemed a Variation.
(ii)
(iii)
(b)
(c)
Uncovering and
Making Openings
27
16
LABOUR
16.1
16.2
Returns of Labour
Engagement of
Workmen and
Labour
Returns of
Labour
17
17.1
Date of Commencement
(a)
Date of
Commencement
(ii)
28
17.2
17.3
(ii)
(iii)
Possession of Site
(a)
(b)
Possession of Site
Failure to Give
Possession
(ii)
29
(c)
17.4
The Employer shall provide the Contractor with the main right of
way or access to the Site.
(b)
(c)
The Contractor shall also provide at his own cost and expense any
additional accommodation, land or facilities outside the Site
required by him for the purpose of the Works.
18
OTHER CONTRACTORS
18.1
18.2
(a)
(b)
(b)
Rights of Way or
Access
Employers Right
to Employ Other
Contractors
Inspection of
Work Done by
Other
Contractors
30
19
SUSPENSION
19.1
Suspension of Work
19.2
(a)
(b)
(ii)
(iii)
Prolonged Suspension
Suspension of
Work
Prolonged
Suspension
If the carrying out of the whole or any part of the Works is suspended
due to:
(a)
force majeure; or
(b)
(c)
(d)
31
(e)
(f)
(g)
(h)
(i)
(j)
by
the
(b)
20
20.1
Effects of
Prolonged
Suspension
Contractor to
Complete on Time
Subject to Clause 24, the Contractor shall complete the Works within the
Time or Times for Completion stated in (in order of priority):
32
(a)
(b)
the Appendix; or
(c)
(b)
(c)
20.3
(i)
(ii)
Certificate of
Practical
Completion
Access for
Remedial Work
33
21
TEST ON COMPLETION
21.1
21.2
(a)
(b)
(c)
21.3
21.4
(b)
(c)
Repeat Tests
Notice of Tests
and Test
Reports
Failure to
Appoint Time for
Test
Repeat Tests
Any part of the Works which fails to pass the Test on Completion and
any replacement item required under sub-clause 15.7(a) shall upon the
instruction of the Superintending Officer be tested again at the
Contractor's expense within a reasonable time after the instruction until
the successful completion of the Test on Completion.
34
22
SECTIONAL COMPLETION
22.1
Completion in Sections
(a)
Completion in
Sections
(ii)
(iii)
(iv)
(v)
(vi)
23
23.1
Occupation of
Part with Consent
35
(b)
23.2
Within 14 Days from the date the Employer has taken possession
of the Occupied Part the Superintending Officer shall issue a
Certificate of Practical Completion in respect of the Occupied
Part and certify the estimated value of the Occupied Part which
value shall for the purposes of this Clause 23 be deemed the total
value of the Occupied Part.
Consequential Effects
(a)
Consequential
Effects
(ii)
(iii)
(iv)
(v)
36
(b)
23.3
(b)
The Employer may enter and occupy such part of the Works prior
to the completion of the whole of the Works without the consent
of the Contractor pursuant to Clause 23.1 provided that:
(i)
(ii)
Occupation of
Part without
Consent
24
24.1
Extension of Time
Extension of
Time
Provided that the Contractor has carried out the Works or any section of
the Works with due diligence and has taken all reasonable steps to avoid
or reduce such delay, the Time for Completion of the Works or any
section of the Works may be extended by the Superintending Officer by
such further period or periods of time as may reasonably reflect delay in
completion of the Works or any section of the Works which has been or
is being caused by any or more of the following events:
(a)
Force majeure;
(b)
37
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
A Variation;
(m)
(n)
38
(o)
(p)
(q)
Notice of Delay
(a)
(b)
Notice of Delay
(ii)
(iii)
39
24.3
24.4
(b)
(c)
(d)
(ii)
(iii)
Superintending
Officers
Decision
Interim Decision
of Extension of
Time
40
(b)
24.5
24.6
24.7
(a)
(b)
(b)
25
25.1
Notification to Expedite
(a)
Superintending
Officers
Discretion
Certificate of
Extension of
Time
Review of
Superintending
Officer's
Decision
Notification to
Expedite
41
25.2
(b)
(c)
26
26.1
Certificate of Non-Completion
(a)
Work to
Expedite
Progress
Certificate of
Non-Completion
If the Works have not been completed within the Time for
Completion or any extended time granted pursuant to Clause 24
and the Superintending Officer is of the opinion the same ought
reasonably so to have been completed, the Superintending Officer
shall issue a certificate to that effect. Such certificate shall be
referred to as the Certificate of Non-Completion. The
Certificate of Non-Completion shall be issued to the Contractor
with a copy to:
(i)
(ii)
42
26.2
26.3
(b)
26.4
(b)
(c)
The Employer shall then pay or repay the Contractor any amounts
of Liquidated Damages recovered, allowed or paid under Clause
26.2 for the said extension of time.
27
27.1
Damages for
Non-Completion
Employers
Rights for
Damages at Law
Extension of
Time During
Delay Period
Completion of
Outstanding
Work and
Remedying
Defects
43
27.2
(b)
(c)
27.3
27.4
27.5
(b)
Contractor to Search
(a)
Cost of
Remedying
Defects
Default in
Remedying
Defects
Diminution in
Value of Works
Contractor to
Search
44
27.6
(b)
If the Contractor is liable for such Defects under the Contract, the
cost of the work carried out such searching shall be borne by the
Contractor and the Contractor shall in such case remedy such
Defects at his own cost.
(c)
If the Contractor is not liable for such Defects under the Contract
then such work of searching and remedy carried out by the
Contractor shall be deemed a Variation.
At the expiry of the Defects Liability Period and when all the
Defects notified by the Superintending Officer to the Contractor
under this Clause 27 have either been made good by the
Contractor in compliance with the Superintending Officers
instructions, or have been dealt with by the Superintending
Officer under Clause 27.4, the Superintending Officer shall issue
a certificate to that effect. Such certificate shall be referred to as
the Certificate of Making Good Defects.
(b)
(c)
27.7
(i)
(ii)
Certificate of
Making Good
Defects
Liability at Law
Liability at Law
The provisions of Clauses 27.1 to 27.6 shall not derogate in any way
whatsoever from the Contractors liability under the Contract or
otherwise for defective work at law.
28
VARIATIONS
28.1
Power to Order
Variations
45
(b)
(c)
(d)
The Contractor shall carry out with due diligence and expedition
all Variations pending the valuation of the Variation by the
Superintending Officer pursuant to Clause 29.
29
VALUATION OF VARIATIONS
29.1
Valuation Method
Valuation
Method
(b)
(c)
(d)
46
(e)
29.2
(i)
(ii)
(iii)
(iv)
The Rates for the Works as set out in the Contract shall be used
for the valuation of work omitted; provided that if the omission
varies the conditions under which any remaining work are carried
out, the values for such remaining work shall be determined in
accordance with sub-clauses 29.1(b) or (c) or (d) as the case may
be. For the avoidance of doubt, the Contractor shall not be
entitled to Loss and Expense for omission of work unless such
work is carried out by the Employer or by another contractor.
Agreement on Valuation
(a)
Agreement on
Valuation
47
29.3
(b)
(c)
30
MEASUREMENT
30.1
30.2
(a)
(b)
Inclusion of
Variations in
Interim
Certificates
Contractor to
Attend
Measurement
Contractor to
Provide
Assistance
48
30.3
30.4
Record of Measurements
(a)
(b)
(b)
31
31.1
(b)
(c)
Record of
Measurements
Failure to Agree
Measurements
49
(d)
(e)
(f)
(g)
(h)
A Variation;
(i)
(j)
Provided always that the Contractor shall not be entitled to any such
Loss and Expense where the event arises from or is necessitated by or is
intended to cure any default or breach of contract by the Contractor.
32
32.1
Notice of Claims
(a)
(b)
Notice of Claims
(ii)
(iii)
50
(c)
32.2
32.3
The fact that the Contractor does not or may not know whether
the valuation of a Variation has been agreed or whether the
Superintending Officer has decided to include in any certificate
any amount in respect of any claim shall not excuse the
Contractor from the requirement to give a notice under sub-clause
32.1(a).
Contemporary Records
(a)
(b)
(c)
Substantiation of Claims
(a)
(b)
Where the events giving rise to the claim has a continuing effect,
such account shall be considered to be an interim account and the
Contractor shall, at such intervals as the Superintending Officer
may require, send such further interim accounts giving the
accumulated amount of the claims and any further grounds upon
which they are based. Within 30 Days of the end of the effects
resulting from the event, the Contractor shall submit to the
Superintending Officer a final account of the claim supported
with detailed particulars.
Contemporary
Records
Substantiation
of Claims
51
32.4
32.5
32.6
In order to verify any claim submitted under this Clause 32, the
Superintending Officer shall have access to all books, documents,
papers or records in the possession, custody or control of the
Contractor that are material to the claim for the purpose of
making audit, examination, excerpts and transcripts. Such books,
documents, papers or records shall remain available in
accordance with this Clause 32.4 until all claims, mediation,
arbitration, or litigation have been finally disposed of.
(b)
The Contractor shall use his best endeavours to ensure that all
books, documents, papers or records in the possession custody or
control of a sub-contractor or supplier that are material to the
claim are similarly made available.
Payment of Claims
(a)
(b)
(c)
(ii)
Failure to Comply
Access to
Contractors
Books and
Documents
Payment of
Claims
Failure to
Comply
If the Contractor shall have complied with Clause 32.1 but shall not have
complied fully or at all with any of the provisions of Clauses 32.2 to
32.4, the Superintending Officer shall be entitled to make such
assessment, valuation or opinion as shall be fair and reasonable on the
basis of the information available to him.
52
33
33.1
33.2
33.3
(a)
(b)
(b)
33.4
Exclusive Use
for the Works
Passing of
Property and
Vesting
Employer not
liable for
Damage
Conditions for
Hire of
Construction
Plant
53
(b)
Re-vesting and
Removal
Upon the removal from the Site, with the consent of the
Superintending Officer under Clause 33.1, of any such
Construction Plant, Temporary Works, Equipment, materials or
goods as have become or been deemed to have become the
property of the Employer under Clause 33.2, the property in such
Construction Plant, Temporary Works, Equipment, materials or
goods shall re-vest in the Contractor,
(c) Upon the completion of the Works and the making good
of all Defects, the property in the remainder of such
Construction Plant, Temporary Works, Equipment,
materials or goods shall, subject to Clause 44
(Determination by Employer), re-vest in the Contractor.
33.6
34
GENERAL RESPONSIBILITIES
34.1
Incorporation of
Clause in Subcontracts
Care of the
Works
54
(b)
34.2
The Contractor shall take full responsibility for the care of any
outstanding work which he has undertaken or shall be obliged to
complete during the Defects Liability Period until such
outstanding work has been completed to the satisfaction of the
Superintending Officer.
(b)
(c)
35
INDEMNITY PROVISIONS
35.1
Injury to Persons
Responsibility to
Rectify Damage,
Loss or Injury
Injury to
Persons
The Contractor shall be liable for and shall indemnify the Employer
against any loss, expense, costs, damages, liability or claim whatsoever
whether arising at law or by statute in respect of personal injury to or
death of any person whomsoever arising out of or in the course of or by
reason of the execution of the Works, subject always to Clause 35.3.
35.2
Damage to Property
Damage to
Property
55
35.3
35.4
35.5
Contribution
(a)
(b)
(b)
(b)
(c)
(d)
Contribution
Contractor to
Rectify Damage
Damage to
Property of
Employer or
Relevant
Authority
56
36
36.1
(b)
(c)
36.2
Taking of Third
Party Liability
Insurance
Deposition of
the Policies
The Contractor shall deposit with the Superintending Officer the original
of each of the relevant policy or policies of insurance and the receipts in
respect of premiums paid under such policy or policies.
36.3
Default in Insuring
Default in
Insuring
57
37
37.1
37.2
(a)
(b)
For the purpose of Clause 37, the term local workmen shall
include workmen who are Malaysian citizens and those who have
permanent resident status.
(c)
(b)
(c)
Employees
Social Security
Scheme for
Local Workmen
Workmens
Compensation
for Foreign
Workers
58
37.3
37.4
(d)
(e)
(b)
(c)
(d)
Default in Compliance
Insurance for
Local Workmen
not Subject to
SOCSO
Default in
Compliance
59
38
38.1
Alternative Clauses
Alternative
Clauses
Clause 38A or Clause 38B or Clause 38C shall apply whichever clause
is stated to apply in the Appendix.
38A
38A.1
38A.2
(a)
(b)
Deposition of Insurance
(a)
(b)
(c)
All Risks
Insurance
Deposition of
Insurance
60
38A.3
Default in Insuring
Default in
Insuring
38A.5
(b)
(c)
Maintenance of
Independent
General Policy
Contractor
liable for
Insurance
Excesses
61
38A.6
(b)
(c)
(d)
(e)
38B
38B.1
Damage, Loss or
Injury to the
Works
All Risks
Insurance
The Employer shall take out and maintain an All Risks Insurance
policy in respect of the whole of the Works as well as Equipment,
materials or goods intended for or connected with the Works and
Temporary Works (but excluding tools and Construction Plant
owned or hired by the Contractor or any sub-contractors) to the
value of not less than the Contract Sum plus the percentage for
professional fees and the amount for removal of debris (if any) as
stated in the Appendix.
62
38B.2
(b)
(c)
(d)
Prior to the date of Tender the Employer shall make known to the
Contractor the terms of the said policy or policies including any
limitations or exclusions of liabilities or insurance excess and the
Contractor shall be deemed to have noted the same without
affecting the Contractors liability pursuant to Clause 34.
(e)
(f)
38B.3
Default by the
Employer to
Insure
Contractor
liable for
Insurance
Excesses
63
38B.4
(b)
(c)
(d)
(e)
(f)
Damage, Loss or
Injury to the
Works
64
38C
38C.1
Risks to be Insured
(a)
The Employer shall insure against all damage, loss or injury from
whatever cause arising in respect of the existing building or
structure within which the Works are to be executed together with
the contents in the existing building or structure owned by him or
for which he is responsible, for the full cost of reinstatement,
repair or replacement of such damage, loss or injury to such
existing building or structures.
(b)
The Employer shall take out and maintain an All Risks Insurance
policy in respect of the whole of the Works as well as Equipment,
materials or goods intended for or connected with the Works and
Temporary Works (but excluding tools and Construction Plant
owned or hired by the Contractor or any sub-contractors) to the
value of not less than the Contract Sum plus the percentage for
professional fees and the amount for removal of debris (if any) as
stated in the Appendix.
(c)
(d)
Prior to the date of Tender the Employer shall make known to the
Contractor the terms of the said policy or policies including any
limitations or exclusions of liabilities or insurance excess and the
Contractor shall be deemed to have noted the same without
affecting the Contractors liability pursuant to Clause 34.
(e)
(f)
(g)
Risks to be
Insured
65
38C.2
38C.3
38C.4
(b)
(c)
(d)
(e)
Default by the
Employer to
Insure
Contractor
liable for
Insurance
Excesses
Damage, Loss or
Injury to the
Works
66
(f)
39
39.1
(b)
(c)
40
40.1
Assignment by Contractor
Property and
Protection
of Discovery
Assignment by
Contractor
The Contractor shall not, without the prior consent of the Employer
(which consent shall be at the sole discretion of the Employer), assign
the whole or any part of the Contract, or any benefit or interest in or
under the Contract, otherwise than by:
(a)
(b)
67
40.2
Assignment by Employer
Assignment by
Employer
The Employer shall not, without the written consent of the Contractor
assign (whether in whole or in part) his rights, interests or benefits
under the Contract, otherwise than by a security in favour of the
Employers bankers or any financial institution or corporation. The
Contractor shall not withhold such consent unreasonably provided that
the Employer has produced reasonable evidence that the assignee will
fulfil the provisions of Option Module E (if applicable) in place of the
Employer.
40.3
Documents on Assignment
Documents on
Assignment
Sub-contracting
(a)
Sub-contracting
(b)
(i)
(ii)
(iii)
68
41
41.1
41.2
(a)
(b)
Provisional Sums
(a)
(b)
Provisional Sums
69
42
PAYMENT
42.1
Statement of
Work Done
42.2
(a)
(b)
(c)
(d)
(e)
(ii)
(iii)
Valuation and
Interim
Certificates
70
(b)
(c)
(d)
(ii)
42.3
Retention Monies
(a)
(b)
Retention Monies
71
(c)
(ii)
(iii)
(iv)
(v)
72
(d)
42.4
42.5
(ii)
(iii)
(iv)
(v)
Correction of Certificates
(a)
(b)
Statement at Completion
(a)
(b)
Correction of
Certificates
Statement at
Completion
73
(c)
42.6
Penultimate Certificate
Penultimate
Certificate
42.7
(b)
The Final Claim Statement shall set out in detail the final
amounts to which the Contractor considers himself to be entitled
in respect of all matters set out in Clause 42.1
(c)
(d)
Final Claim
Statement
74
42.8
The Superintending Officer shall not later than 90 Days after the
issue of the Certificate of Making Good Defects (or the
Certificate of Making Good Defects in respect of the last section
of the Works, in the case of completion in sections) provide the
Contractor with the final account (hereinafter referred to as the
Final Account).
(b)
(ii)
(iii)
(c)
(d)
(e)
(ii)
(iii)
Final Account
and Final
Certificate
75
(f)
(ii)
42.9
(b)
In the event that the Employer fails to make the whole or any
part of the payment due to the Contractor within the Period of
Honouring Certificate, the Employer shall pay to the Contractor
in addition to the amount certified, simple interest at the rate
stated in the Appendix in respect of any sum unpaid from the
date by which the same should have been paid until the payment
of such sum.
(c)
Period of
Honouring
Certificate
76
42.10
(b)
(c)
(d)
(i)
(ii)
(iii)
Suspension for
Non Payment
77
42.11
Deemed Payment
Deemed Payment
Delay in Certification
Delay in
Certification
43
43.1
Effect of
payments other
than payment of
Final Certificate
Certificate Not
Conclusive
78
43.2
(b)
Effect of
Final Certificate
(iii)
all and only such extension of time (if any) as are due
under Clause 24 have been given; and
(iii)
(ii)
79
44
DETERMINATION BY EMPLOYER
44.1
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Determination
Due to Default By
Contractor
80
(c)
If:
(i)
(ii)
44.2
(b)
(c)
(d)
Determination
Due to
Bankruptcy or
Insolvency
81
44.3
(b)
(c)
The Employer may carry out and complete the Works himself or
through the employment of other contractors and he or they may
use any of the Construction Plant, Temporary Works, temporary
buildings, structures, tools, goods and any unfixed Equipment,
materials or goods left on the Site
(i)
(ii)
Effects of
Determination of
Contractors
Employment
82
(d)
(e)
(f)
(i)
(ii)
(iii)
(iv)
83
44.4
(b)
(c)
(i)
(ii)
(iii)
(iv)
(v)
Certificate of
Termination
Costs
(ii)
84
44.5
Notices under
Clause 44
(b)
45
45.1
(ii)
(iii)
Determination by
Contractor with
Notice
If:
(i)
(ii)
85
If:
(i)
(ii)
(iii)
45.2
Determination by
Contractor
Without Notice
If the Employer:
(a)
(b)
(c)
86
(d)
Effects of Determination
Effects of
Determination
(b)
(ii)
(iii)
87
(c)
45.4
(iv)
(v)
(vi)
Notices under
Clause 45
(b)
46
46.1
46.2
Effects of Termination
Right of the
Employer to
Termination
Effects of
Termination
88
47
SETTLEMENT OF DISPUTES
47.1
47.2
(a)
(b)
No later than the expiry of 30 Days after the date upon which the
Superintending Officer has received such reference, the
Superintending Officer shall give his decision in writing to the
Employer and to the Contractor which shall be final and binding
on the parties to the Contract unless, as hereinafter provided,
either party requires that the decision should be referred to
mediation under Clause 47.2
(c)
Reference to Mediation
(a)
Reference to the
Superintending
Officer
Reference to
Mediation
89
47.3
(b)
(c)
(d)
Reference to Arbitration
(a)
Reference to
Arbitration
90
(b)
(ii)
(iii)
(iv)
(c)
(d)
(ii)
(iii)
(e)
(f)
91
(g)
(ii)
(iii)
47.4
48
48.1
Arbitration in the
Event of
Determination
Employers Right
To Recovery
49
GOVERNING LAW
49.1
Law
Law
The law governing the Contract shall be the law of Malaysia, and the
parties hereby submit to the jurisdiction of the Malaysian Courts for the
purpose of any action or proceedings arising out of the Contract.
92
50
50.1
(b)
(ii)
Payment of
Custom Duties
and Taxes
51
MISCELLANEOUS PROVISIONS
51.1
Business Ethics
Business Ethics
The Contractor, his servants or agents and his sub-contractors are not
expected or authorised to take any action on behalf of the Employer
which violate applicable laws. All financial statements, reports, billings
and other documents rendered shall properly reflect the facts about all
activities and transactions handled for the account of the Employer.
51.2
Declaration
Against Waiver
Notice of Garnishment
Notice of
Garnishment
Stamp Duties
Stamp Duties
The proper Stamp Duty, if any, on the Contract shall be borne by the
Employer.
93
APPENDIX
CLAUSE
PERCENTAGE ON COST FOR LOSS
AND EXPENSE
1.1
OPTION MODULES
1.1
Option Module A
Option Module B
Option Module C
Option Module D
Option Module E
Option Module F
..
Applicable/Not Applicable*
Applicable/Not Applicable*
Applicable/Not Applicable*
Applicable/Not Applicable*
Applicable/Not Applicable*
Applicable/Not Applicable*
(*Strike out as appropriate)
2.1
DATE OF COMMENCMENT
17.1
..
..
..
..
Date of Commencement:
..
..
..
SUSPENSION PERIOD
(3 months if none stated)
TIME FOR COMPLETION
19.2
..
20
..
..
..
..
LIQUIDATED DAMAGES
26.2
..
94
Liquidated Damages:
..
..
..
27
..
LIMITATIONS ON EXTENT OF
LIABILITY FOR ANY ONE
ACCIDENT
36.1
INSURANCE EXCESS
36.1
..
38A
38B
38C
Applicable/Not Applicable*
Applicable/Not Applicable*
Applicable/Not Applicable*
(*Strike out as appropriate)
AMOUNT TO BE ADDED TO
CONTRACT SUM AS INSURED
AMOUNT:
..
..
38A.1 or
38B.1or 38C.1
..
..
41.1
..
..
..
42.1
..
STAGE PAYMENTS:
42.1(a)
Stage:
Percentage:
95
VALUE OF EQUIPMENT,
MATERIALS AND GOODS
INCLUDED IN INTERIM
CERTIFICATE:
42.1 (c)
..
..
..
..
..
..
42.2(d)
..
..
RETENTION MONIES
42.3
Retention Percentage
(10% if none stated)
..
..
42.9(a)
42.9(b)
..
..
APPOINTER OF ARBITRATOR
(Director of Kuala Lumpur Regional
Centre for Arbitration, if none stated)
47.3
PLACE OF ARBITRATION
(Kuala Lumpur, if none stated)
47.3
PAYMENT BOND
(if Option Module E is applicable)
(5% of Contract Sum, if none stated)
AMOUNT OF PERFORMANCE
SECURITY DEPOSIT
(if Option Module F is applicable)
(5% of Contract Sum, if none stated)
..
..
.
E1
..
F1
..
96
OPTION MODULE A
BILLS OF QUANTITIES
A1.
Definitions and
Interpretations
A3.
A4.
(b)
Provisional Quantities
(a)
(b)
Methods of Measurement
Quantities and
Description
Provisional
Quantities
Methods of
Measurement
97
OPTION MODULE B
UNFIXED EQUIPMENT MATERIALS OR
GOODS
STORED OFF SITE
B1.
Certification and
Payment
B2.
Conditions
Precedent
Conditions Precedent
The conditions precedent referred to in Clause B1 are:
(a)
(b)
(c)
(d)
(e)
(f)
or
goods
are
intended
for
98
(g)
(h)
(i)
The Employer shall not at any time be liable for damage, loss or
injury to any of the said Equipment, materials or goods except
and to the extent that the same is due to Excepted Risks or any
act or neglect of the Employer or of any person for whom the
Employer is responsible; and
(j)
99
OPTION MODULE C
NOMINATED SUB-CONTRACTORS
AND/OR NOMINATED SUPPLIERS
C1.
(ii)
(iii)
(b)
(ii)
(iii)
(c)
Nominated SubContractors
and/or Nominated
Suppliers
All Prime Cost or P.C. Sum items designated in the Contract shall
be reserved for execution or supply by a person to be nominated
in such ways on such terms and for such amount as may be
instructed by the Superintending Officer in accordance with the
provisions of this Option Module C. The Contractor shall not
without the instruction of the Superintending Officer order
execution of any work or supply of any Equipment, materials or
goods under such Prime Cost or P.C. Sum items or Provisional
Sum.
100
C2.
Nomination
Nomination
(a)
(b)
(ii)
(2)
101
(3)
that payment due to the Nominated SubContractor or Nominated Supplier less any
deductions in accordance with the sub-contract
shall be made by the Contractor within 7 Days
after the Period of Honouring Certificate or after
the Contractor has received payment, whichever
is the earlier, under any Interim Certificate issued
by the Superintending Officer pursuant to Clause
42 which includes the value of any such subcontract works or supply of any Equipment,
materials or goods;
(4)
(5)
(c)
(d)
102
(ii)
C3.
(ii)
(iii)
Payment to
Nominated SubContractor or
Nominated
Supplier
103
(b)
(c)
(d)
(e)
104
(ii)
(iii)
(g)
C4.
Interim Certificate
payment, and the
Sub-Contractor or
provisions of sub-
(ii)
Neither the existence nor the exercise of powers pursuant to subclauses C3 (d) and (e) nor anything else under this Clause C3
shall create a privity of contract between the Employer and the
Nominated Sub-Contractors or Nominated Suppliers or render the
Employer liable to any of them.
Contractors Responsibilities
(a)
Contractors
Responsibilities
105
(c)
(d)
C5.
(i)
(ii)
Sub-Contractors Design
Sub-Contractors
Design
Where any design is required to be carried out by the Nominated SubContractor by the express terms of the sub-contract or as may be
reasonably inferred from the same then the provisions of Option Module
D shall apply in the same manner as if such design is provided by the
Contractor.
106
OPTION MODULE D
WORKS DESIGNED BY THE CONTRACTOR
D1.
D2.
Where the Contract expressly provides that a part or parts (but not
the whole) of the Works shall be designed by the Contractor, he
shall be fully responsible for the suitability, adequacy, integrity,
durability and practicability of the design as set out in the
Drawings, Specifications, manuals, calculations and other
information submitted for the acceptance of the Superintending
Officer under Clauses D.2 and D.3 including any subsequent
amendment of such design.
(b)
(c)
(d)
(ii)
Contractors
Design
Responsibility
Submission of
Documents Prior
to
Commencement
107
his approval"; or
(ii)
(iii)
(d)
(e)
(f)
108
(g)
D3.
D4.
(b)
(ii)
Submission of
Documents After
Completion
Amendment and
Modification of
Accepted Design
109
OPTION MODULE E
PAYMENT BOND
E1.
Submission of
Payment Bond
The Employer shall within 14 days of the date of the Letter of Award
submit to the Contractor a security deposit (hereinafter called the
Payment Bond) in the form of a bankers bond or insurers bond in the
amount stated in the Appendix for the due performance and observance
by the Employer of his obligations under the Clause 42.
E2.
E3.
(b)
(c)
Validity of
Payment Bond
Use of Payment
Bond
Provided that the Payment Bond is valid and effective, if the Employer
fails to pay the Contractor any amount pursuant to any certificate under
Clause 42 the Contractor may utilize and make payments out of or
deductions from the Payment Bond.
E4.
Release of
Payment Bond
The Payment Bond shall be released to the Employer upon the receipt by
the Contractor of the final payment from the Employer pursuant to the
Final Certificate issued under Clause 42.8.
110
OPTION MODULE F
PERFORMANCE SECURITY DEPOSIT
F1.
F2.
F3.
(b)
(b)
(b)
Submission of
Performance
Security Deposit
Validity of the
Performance
Security Deposit
Utilisation of
Performance
Security Deposit
by Employer
111
(c)
(d)
F4.
(ii)
(iii)
Release of
the Performance
Security Deposit
112