Agreement And Conditions Of PAM Contract 2018 (With Quantities) Al partes mat ly one om sl nd Judgment or wp hse of hairs wen bang this documest ‘and PAM assumes no lability to say wser or any third partyin connection withTable of Contents Articles Of Agreement Preliminary Recitals Articles aticle 1 Artole2 Article 3 Asie 4 Aatiole 5 Anite 6 Anticle7 Asticle 8 Date of agreement Parties to agreement and their addresses ‘The nature ofthe works andthe location, ‘The drawings and bills of quantities Contractor's Obligations Contract Sum Architect Enginesr ‘Quantity Surveyor Specialist Consultant Definitions Meanings Attestation/Signatories Of The Parties ‘The Conditions Of Contract Clause 10 Contractor's Obligations 1 Completion of Works in accordance with Contract Documents 12 ‘Temporary work and construction method 13 Contractor's design and responsibilities 14 Discrepancy ar divergence between documents 20 ‘Architect's Instruetions (‘AY’) 2a Contractor to comply with AT 22 Al 23 Provisions empowering instructions 24 Failure of Contractor to comply with AI 3.0 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 part of Contract 37 Architect's acceptance of programme 38 ‘Availability of documents 39 Limitation of use of documents 310 -A-built Drawings and operation and maintenance manuals 40 ‘Statutory Obligations, Notices, Fees And Charges 41 Stanutory requirements 42 Inconsistencies with statuory requirements ‘PAM Contract 2018 (With Quantities) Lamon Lin P€ ou voce Page‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Hause 43 Conforming to statutory obligations 44 Fees, levies and charges 50 Levels And Setting Out Of The Works. 31 Setting out 60 ‘Materials, Goods And Workmanship To Conform To Deseription, Testing And Inspection 61 Standards of works, materials, goods and workmanship 62 Provision of vouchers 63 Inspection and testing 64 Contractor's obligation not relieved 65 ‘Work not in accordance with the Contract 66 No compensation for time and cost 61 Failure of Contractor to comply 68 ‘Warranties in respect of materials and goods 109) 101 102 10 nd n2 113 4 3 16 17 18, us 20 Ra 122 0 Mi 42 143, 44 180 151 182 153 154 Royalties And Intellectual Property Rights Indermity to Employer CContrector's lability to pay Government royalties Site Agent Site Agent Instructions to Site Ageat Exclusion of Porson employed on the Works ‘Access To The Works ‘Access tothe Works Site Stall Duty of Site StafT Directions given by Site Sta ‘Variations, Provisional And Prime Cost Sums Definition of Variation ‘No Variations required by Architect shall vitiste 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 Contract Bills ‘Measurement of building works Correction of erors or omissions Contract Sum Contract Sum not to be adjusted or altered Materials And Goods “Materials and goods not tobe removed “Materials and goods included in certificates ‘Responsibility for materials and goods ‘Warranty of title of goods and materials Practical Completion And Defects Liability Practical Completion. Certificate of Practical Completion Contractor's failure to comply with undertaking ‘Schedule of Defects ‘PAM Contract 2018 (With Quantities) Page cy)‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 155 Instruction to make good Defects 156 CCntfcate of Making Good Defects 160 Partial Possession By Employer 161 Possession of Occupied Part with consent 162 Possession of Occupied Part without consent 163 (Contractor to remove equipment 170 Assignment And Sub-Contracting 1d ‘Assignment by Employer 172 Assignment by Contractor 173 ‘No sub-contracting 18.0 Injury To Person Or Loss And/Or Damage Of Property And Indemnity To Employer 181 ‘Contractor's indemnity against injury or death 182 Contractor's indemnity against loss and/or damege 183 Contacior’s indemnity aguinst claims by workmen 184 JIndemnities not to be defeated 190 Insurance Against Injury To Person And Loss And/Or Damage Of Property 19.1 Contractor to insure against injury to Person and loss and/or damage of property 192 Emplayee’s socal security scheme for local workmen 193 Insurance for local workmen not subject to SOCSO 194 Workmen's compensation insurance for foreign workers 195 Placing of insurance with licensed insurance companies 20.4 Insurance Of New Buildings/Works — By The Contractor 20.A.1 Contractor’ risks - new buildings/worcs 20.42 Additional risks to be covered under the insurance. 20.43 Placing of insurance with licensed insurance companies 20.44 Application of insurance claim proceeds 20.8 Insurance Of New Buildings Works ~ By The Employer 208.1 Insurance by Employer 2082 Additional risks required by the Contractor 2033 Maintenance of policy 20.84 Failure of Employer to insure 20.85 Application of insurance laim proceeds 20. Insurance Of Existing Building Or Extension — By The Employer 20.6.1 Employer's risks - existing building or extension 20.62 Additional risks required by the Contractor 20.63 Maintenance of insurence by Employer 20.04 Failure of Employer to insure 20.C5 Application of insurance claim proceeds 210 Date Of Commencement, Pastponement And Date For Completion 211 Commencement and Completion, 212 ‘Sectional Commencement Dates 213 Seotional Completion Dates 214 Postponement or suspension ofthe Works 20 Damages For Non-Completion 21 Liquidated Damages and Certificate of Non-Completion 22 ‘Agreed Liquidated Damages amount 23 (Centficate of Non-Completion revoked by subsequent Certificate of Extension of Time 23.0 ‘Extension OF Time Bua Submission of notice and particulars for extension of time 22 Delay by Nominated Sub-Contractor PAM Contract 2018 (With Quantities) Page "7 ” 1" 1748 23.24 co)‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 233 234 235 23.6 237 238 29 23.10 240 241 242 243 244 25.0 25.1 252 253 254 235 256 237 258 260 26.1 262 263 264 265 266 267 210 214 272 273 274 215 276 217 278 279 27.10 271 2712 273 24 28.0 281 ‘Insufficient information Certificate of Extension of Time Other consideration for giving extension of time Contractor to prevent delay ‘Notification to Nominated Sub-Contractors Relevant Events Extension of time after the issuance of Certificate of Non-Completion ‘Architect's review of extension of time afler Practical Completion Loss And/Or Expense Ceused By Matters Affecting The Regular Progress Of The Works Loss and/or expense caused by matters affecting the regular progress of the Works “Access to Contractor's books and documents Matters materially affecting the regular progress of the Works Loss and/or expense to be included in certificate Determination Of Contractor’s Employment By Employer Defiulis 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 Procedure for determination Employer's insolvency Rights and duties of Contractor and Employer Records of Works Settlement of accounts Contractor's rights and remedies not prejudiced ‘Nominated Sub-Contractors P.C. Sums and Provisional Sums ~ Nominated Sub-Contractors Nomination of sub-contractor Objection to nomination of sub-contractor ‘Action following objection of Nominated Sub-Contractor Payment by Contractor to Nominated Sub-Contractors Failure of Contractor to pay Nominated Sub-Contractors Final payment to Nominated Sub-Contractors Determination ofthe Nominated Sub-Contractor's employment Contractor's responsiblity for Nominated Sub-Contractors ‘Employer no privity of Contract with Nominated Sub-Contractors Renomination 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 from Nominated Sub-Contracior Contractor permitted to tender for P.C. Sums Nominated Suppliers P.C, 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 supplied by Nominated Suppliers ‘Payment to Nominated Suppliers Contractor's lability for Nominated Suppliers Employer no privity of Contract widh Nominated Suppliers PAM Contact 2018 (With Quanitos) ow‘Table of Contents (Cont'd) ‘The Conditions OF Contract (Cont'd) Clause 290 291 30.0 301 302 303 304 Works By Craftsmen, Tradesmen Or Other Contractors Emplayed Or Engaged By Employer Works by Employer's craftsmen Certificates And Payment Payment application and issue of Architects certificate Amount due in Architect's certificate Enors in payment certificate Set-off by Employer ‘Retention Fund Roles regarding Retention Fund Suspension of Works for non-payment Compulsory suspension of Works Cessation insurance resulting from suspension of tke Works Final Account ‘tems in Final Account CConelusiveness ofthe Final Account Issuance of Penultimate Certificate Issue of Final Cerificate Final Certificate Final Certificate not conclusive Interest Outbreak Of Hostilities Hostilities - determination by Employer or Contractor Notices of determination Al regarding protective work Payment resulting ftom determination ‘War Damage Procedures following war damage Definition of war damage Antiquities “Antiquities property of Employer Mediation Mediation under PAM rules ‘Mediation shall not prejudice the parties’ rights to adjudication or srbtration Expert Determination Disputes on all matters Expert determination under PAM Rules ‘Expert determination shall not prejudice the parties’ sights to adjudication or arbitration Adjudication Setoff disputes refered to adjudication Notice to refer to adjudication ‘Adjudication Rules Decision ofthe adjudicator Arbitration Disputes referred to arbitration Procedures for appointment of arbitrator Acbitration Act and Rules Powers of arbitrator Consolidation of arbitration proceedings ‘Commencement of ebitration proceeding Arbitrator’ award to be final and binding on parties Notice Notice ‘Notice deem served ‘PAM Contract 20:8 (With Quantities) Page 36 36 0‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 383 Proof of Notice 3B4 Written communication 39.0 Performance Bond 391 Sabmission of Performance Bond 392 Form of the Performance Bond 393 Validity ofthe Performance Bond 304 Failure to extend the validity 39.5 Payments from the Performance Bond 396 Return of Performance Bond 40.9 Governing Law 40.1 Governing Law Appendix ‘PAM Contract 2018 (With Quantities) Page a)PAM CONTRACT 2018 (WITH QUANTITIES) Articles Of Agreement This Agreementismace outs... Bet nen (of (or whose registered office or business address is situated at) (hereinafter called ‘the Employer") of (or whose registered office or business addres is situated et). - svn (hereinafter called ‘the Contractor’. Whereas ‘The Employer is desirous of *), ‘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 Contrutor has supplied the Employer with a filly priced copy ofthe said Contract Bills ‘And Whereas te sad drawings numbered inclusive (hereinafter refered to as “the Contract Drawings’) andthe Contract Bills have been signed by or on behalf ofthe parties hereto. (7) Brief desertion of the Works PAM Contract 2018 (With Quant) 1[Now it s hereby agreed as follows: Article 1 For the consideration hereinafter mentioned the Contractor will upon and subject ‘© the Contract cary out and complete the Works shown upon and described by or refered to i, the Contact, Article2 ‘The Employer will py the Contractor the sum of Ringgit Malaysia: aM ) (hereinafter referred to as “the Contract Sum) or such other sum as shall become payable hereunder atthe times and inthe manner specified inthe Contract. Article “The term the Architect” in the Contract shall mean .. or in the event of such Person ceasing to be the Architect forthe purpose of the Contract, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom, ‘No Architect so appointed shall be entitled to disregard or overrule any certificate or ‘opinion or decision or approval or instruction given by the preceding Architect, Article 4 “The tem ‘the Engineer in the Contact shall mean: (@) Stroctural & Civil Engineer: PAM Contract 2018 (With Quantities)‘or inthe event of such Person ceasing to be the Engineer for the purpose ofthe 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 ‘fom time to time delegate such duties and authority ofthe Architect to the Engineer asthe Architect deems fit, Article § ‘The term the Quantity Surveyor" in the Contact shall mean Quantity Surveyor ‘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 eight (28) Days ‘herefiom. The Quantity Surveyor shall perform the duties expected of his profession, and the Architect may ftom 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 in the Contact shall mean: Specialist Consultant © (rin the event of such Person ceasing to be tae Specialist Consultant for the purpose of the Contract, such other Person as the Employer shall appoint within twenty eight (28) Days thereftom. The Specialist Consultant shall perform the duties expected of his profession, ‘and the Atchitect may from time to time delegate such duties and authority ofthe Architect to the Specialist Consultants the Architect deems fit ‘PAM Contract 2018 (With Quantities)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 otberwise requires: © © © © 0 ® a 0 0 © © Cy o o © @ 0 ‘Appendix means the Appendix to the Conditions ofthe Contact, 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 ot any other form of practice registered under the Architects Act 1967 tnd approved by the Board of Architects, Malaysia; Architect's Instruction or AI—as described in Clause 2.2; As-built Drawings means as-built drasvings for works designed (including altemative design) by the Contractor and/or Nominated Sub-Contractor and any Cther as-built drawings required to be provided as specified in the Contract Documents; Certificate of Extension of Time means the certificate issued under Clause 23.4; Certificate of Making Good Defects means the certificate issued under Clause 156; Certificate of Non-Completion means the certificate issued under Clause 22.1; Certificate of Partial Completion means the certificate issued under Clause 16.13, Certificate of Practical Completion means the certificate issued under Clause 152; Certificate of Sectional Completion means the certificate issued under Clause 213; ‘Clause means the clauses in the Condition ofthe Contract; 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 23.4, Conditions means the Conditions ofthe Contract; Confirmation of Architect's Instruction or CAI ~as described in Clase 2.2; Consultant means the Engineer, Quantity Surveyor and/or Specialist Consultant 8 appropriate; Contract or Contract Documents comprise the following documents (the Letter of Awards (i) the Articles of Agreement; (Gi) the Conditions of Contract; (Gv) the Contrct Drawings; (0) the Contract Bills; and (oi) other documents incorporated in the Contract Documents, unless expressly stated to be excluded therefrom, Contract Bills comprise the following documents (as may be applicable): Instructions to Tenderers; Conditions of Tendering: Form of Tender; Preliminaries; Preambles and Specification; Bills of Quantities; and (i) any other documents specifically mentioned in any ofthe above documents; PAM Contract 2018 (With Quantities) Definitions