Agreement And Conditions Of PAM Contract 2018 (With Quantities) ‘parts mat aon hen sl en jug owen hw ft ads hon ing hs oe net ‘ahd PAM zsumes no lity to ny ne anti party tn comesten mich ase‘Table of Contents Articles Of Agreement Preliminary Recitals, Articles Astle 1 Article 2 Atle 3 Anicle4 Attcle 5 Aaile 6 Anicle7 Anicle 8 Date of agreement Parties to agreement and their addresses The nature of tie works andthe location ‘The drawings and bills of quant Contractor's Obligations Contact Sun Architest Engineer Quantity Surveyor Specialist Consultant Definitions Meanings Attestation/Signatories Of The Parties ‘The Conditions Of Contract Clause 10 Contractor's Obligations qu ‘Completion of Works in accordance with Contract Documents 12 Temporary work and construction method 13 Contractor's design and responsibilities 4 Discrepaney or divergence between documents 20 Architect's Instructions (AD) 21 Contrector to comply with AT 22 Al 23 Provisions empowering instructions 24 Failure of Contractor to comply with AT Contract Documents, Programme And As-bullt Drawings Contract Documents Custody of tender documents Copies of documents Further drawings or details Works Programme Programme not part of Contract Architect's acceptance of programme Availablity of documents Limitation of use of éocurnents ‘As-built Drawings and operation and maintenance manuals Statutory Obligations, Notices, Fees And Charges Statutory requirements Inconsistencies with statutory requirements PAM Contract 2018 (With Quantities) Page‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause 43 44 50 Su 60 61 62 63 6a 65 66 67 68 1009 101 102 410 ni m2 13. na ns NG 7 ng 9 0 RI 122 130 BI 140 161 2 143 144 180 15 152 153 154 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 Failure of Contzacior to comply ‘Warranties in respect of materials and goods Royalties And Intellectual Property Rights Indemmity to Employer Contactors lisbility to pay Government royalties Site Agent Site Agent Insitutions to Site Agent Exclusion of Person employed on the Works ‘Access To The Works ‘Acces tothe Works Site Start Duty of Site Staff Ditections given by Site StaiF Variations, Provisional And Prime Cost Sums Definition of Variation ‘No Variations required by Architect shall vtite Contract Issue of Variations alter Practical Completion ‘Alon P.C. Sums and Provisional Sums Valuation of Variations and Provisional Sums Valuation rules Additional expense caused by Variation ‘Aecess to Contractor's books and documents Variations and additional expenses added to Contract Sum Contract Bills ‘Measurement of building works Correction of errors oF omissions Contract Sum Contract Sum not to be adjusted or altered Materlals And Goods “Materials and goods not to be 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 Cerificate of Practical Completion CConiractr's failure to comply with undertaking Schedule of Defeets PAM Contract 2018 (Wath Quantities) Page‘Table of Contents (Cont'd) ‘The Conditions Of Contract (Cont'd) Clause Iss 156 160 161 162 163 170 m1 172 73 180 iB 182 183 184 190 191 192 193 194 195 20.4, 20.81 20.8.2 20.43 20.04 20.3 208.1 2052 2083 2on4 20B5 20.6 20.0.1 20.62 2063 20.64 20.05 20 au 212 213 214 20 221 2 23 23.0 23 232 Instruction to make good Defects Certificate of Making Good Defects Partial Possession By Employer Possession of Occupied Part with consent Possession of Occupied 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 Contactors indemnity agaist injury or death Contractor's indemnity against loss and/or darnage Contactors indemnity against claims by workinen 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 andior damage of property Employce’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 Contractor’ risks - new buildings/vorks ‘Additional risks to be covered under the insurance Placing of insurance with licensed insurance companies Application of insurance claim proceeds Insurance OF New Buildings/Works ~ By The Employer Insurance by Employer Aaditionat risks required by the Contractor Maintenance of policy Feilure of Employer to insure Application of insurance elsim proceeds Insurance Of Existing Building Or Extension ~ By The Employer Employer’ risks - existing building or extension, ‘Additonal risks requited 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 of the Works Damages For Non-Completion Liquidated Damages and Certfieate of Non-Completion ‘Agreed Liquidated Damages amount Certificate of Nou-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-Contracior PAM Contract 2018 (With Quantities) Page 7 wv 14g 23.24 ors cy‘Table of Contents (Cont’é) The Conditions Of Contract (Cont'd) Clause 233 Ba 235 26 239 238 239 23.10 240 241 242 243 24a 250 25.1 252 253 2314 255 236 23. 258 260 261 262 263 264 265 266 267 210 211 212 213 214 25 216 27 213 219 27.10 2011 2712 2713, 2718 28.0 28.1 282 283 284 285 286 287 288 Insufficient information Cerificate 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 after Practical Completion Loss And/Or Expense Caused 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 ofthe Works Loss and/or expense to be included in certificate Determination Of Contractor's Employment By Employer Defaults by Contractor Procedure for determination ‘Contractors insolvency : Rights and duties of Employer and Contsactor Records of Works Final Aecount 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 .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-Coatractors Determination ofthe Nominated Sub-Contractor's employment Contractor's responsibilty for Nominated Sub-Contractors Employer no privity of Contract with Norsnated Sub-Contrectors Re-nomination of sub-contractor duc to determination by the Contractor Re-nomination of sub-contractor duc to determination by the Nominated Sub-Contractor ‘Contractor to recover addtional expenses from Nominated Suib-Contractor ‘Contractor permitted to tender for P.C. Sums ‘Nominated Suppliers .C, Sums and Provisional Sums ~ Nominated Suppliers ‘Nominated Suppliers and ther obligations Objection to nomination of suppliers Action following objection of suppliers ‘Value of materiais and goods supplied by Nominated Suppliers Payment to Nominated Suppliers Contractor's lability for Nominated Suppliers Employer no privity of Contract with Nominated Supplies PAM Contract 2018 (With Quantities) Page ww‘Table of Contents (Cont'd) TThe Conditions Of Contract (Cont'd) Clause 29.9 29.1 30.0 30.1 302, 303 304 305 30.5 30.7 30.8 309) 30.10 30.11 30.12 30.13, 30.14 30s 3016 30.17 310 31 312 313 Bia 32.0 RI 322 33.0 331 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 Enprs in payment certificate Stoitby Employer Retention Fund Roles regarding Retention Fund ‘Suspension of Works for non-payment ‘Compulsory suspension of Works Cessation insurance resulting from suspension of the Works Final Account Items in Final Account Conclusiveness ofthe Final Account Issuance of Penultimate Certificate Issue of Final Certificate Final Certificate Final Certificate not conclusive Interest Outbreak OF Hostlities Hostlities - 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’ rights to adjudication or arbitration Expert Determination Disputes on all matters Expert determinstion under PAM Rules [Expert determination shall not prejudice the parties’ sights to adjudication or arbitration Notice to refer fo adjudication Adjudication Rules Decision ofthe adjudicator Arbitration Disputes referred to arbitration Procedures for appointment of arbitrator “Arbitration Act and Rules Powers of arbitrator Consolidation of arbitration proceedings Commencement of arbitration proceeding Arbitrato's award tobe final and binding on parties Ne Notice Notice deem served PAM Contrsc 2018 (With Quamtties) Page o‘Table of Contents (Cont'd) ‘The Conditions Of Contraet (Cont'é) Clause 383 Proof of Notice 384 Written communication 39.0 Performance Bond 30.1 Submission of Performance Bond 302 Form of the Perfomance Bond 393 Validity ofthe Performance Bond 304 Failure to extend the validity 395 Payments ftom the Performance Bond 396 Retum of Performance Bond 40.0 Governing Law 401 Governing Law Appendix PAM Contract 2018 (With Quantities) Page a 4B a 44 4a 44 “4 a4 4 4 45 wiPAM CONTRACT 2018 (WITH QUANTITIES) Articles Of Agreement This Agreements mide oatte.. between . ett (of (or whose registered office or business address is situated at) . day of : 20 (hereinafter called “the Employer’) (hereinafter called “the Contractor), Whereas ‘The Employeris desirous of) ‘and has caused drawings and Contract Bills showing and descrit Consultant. ing the work to be done to be prepared by his Architect and ‘And Whereas the Contractor has supplied the Employer witha fally priced copy ofthe seid Contract Bills ‘And Whereas the seid drawings numbered sccwe inclusive (hereinafter refered to as ‘the Contract Drawings’) and the Contract Bills have been signed by ot on behalf of the partes hereto, (1) Brief description of the Works PAM Conrraet 2018 With Quatites) 1[Now itis hereby agreed as follows: Article 1 For the consideration hereinafter mentioned the Contractor will upon and subject to the ‘Contract asry out and complete the Warks shown upon and desetibed by or refered to in the Contract Article? “The Employer will pay the Contractor the sum of Ringgit Malaysia: eM ) (hereinafter referred to as “he Contract Sum’) or such ‘other sum as shall become payable lheceunder atthe times and inthe manner specified inthe Contract Article3 “The term “the Architet” in the Contract shall mean of or in the event of such Person ceasing to be the Architect forthe purpose of the Contact, 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 ar instruction given by the proceding Architect. Article 4 ‘The term “the Engineer in the Contract shall mean: (@) Structural & Civ Engineer: of, (©) Mechanical & Becca Engineer. PAM Contact 2018 (With Quantities) Contractor's Obligations Contract Sum Architect Engineeror in the event of such Person ceasing to be the Engineer forthe purpose of the Contact, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom, The Engineer shell perform the duties expected of his profesion, aud the Architect may from time to time delegate such duties and authority ofthe Architect to the Bngineer as the Architect deem ft Article ‘The term “the Qusntty Surveyor” in the Contract shall mean . or in the event of such Person ceasing to be the Quantity Surveyor forthe purpose ofthe Contract, suc other Person as the Employer shall appoint within twenty eight (28) Days therefiom. The Quantity Surveyor shall perform the duties expected of his profession, and the Architect may ffom time (o time delegate such duties and authority of the Architect 10 the Quantity Surveyor as the Architect deems fit, Article 6 ‘The term “the Specialist Consultant in the Contract shall meen: ‘or in the event of such Person ceasing tobe the Specialist Consultant forthe purpose of the Contact, such other Person as the Employer shell appoint within twenty eight (28) Days thereftom. 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 ft ‘PAM Contract 2018 (With Quanties) 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: @ © © © © o @ a 0 © 0 ) © @ o @ o "Appendix means the Appendix to the Conditions ofthe Contact; Appropriate Authority means any statutory authority having jusisdct Werks; n over the Architect means the Person named in Article 3 and shall be a Professional Architect or any other form of practice rogisteed under the Architects Act 1967 and approved by the Board of Architects, Malaysia; Architect's Instruction or AI ~ a described in Clause 2.25, ‘As-built Drawings means as-built drawings for works designed (including altemative desiga) 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 certificate issued under Clause 22.1; Certificate of Partial Completion means the certificate isued under Clause 16.1; Certificate of Practical Completion means the certificate issued under Clause 15.3; Certificate of Sectional Completion means the cectfieate issued under Clause 213; ‘Clause means the clauses inthe Conditions ofthe Contract; Completion Date means the dstes) for completion of the Works stated in the ‘Appendix under Clauses 21.1 and 21.3 o the last exiended date granted under Cause 23.45, ‘Conditions means the Conditions ofthe Contact, Confirmation of Architeet’s Instruction or CAL as described in Clause 2.2; Consultant means the Engineet, Quantity Surveyor and/or Specialist Consultant 3s appropriate; ‘Contract or Contract Documents comprise the following documents: (the Leterof Award, (ii) the Articles of Agreement; Gil) the Conditions of Contract; Gv) the Contract Drawings; (9) the Contract Bills; snd (i) other documents incorporated in the Contract Documenis, unless expressly sated to be excluded therefrom; ‘Contract Bills comprise the following documents (as may be applicable) (@__ Iesmetions to Tenderers; (i) Conditions of Tendering: Gil) Form of Tender, (iv). Preliminacies, (¥)__Preamiaes and Specification; (Wi) Bills of Quantities; ané (i) any other documests specifically mentioned in any ofthe above documents; PAM Corzaet 2018 (With Quamiis) Definitionso o o ow) @) o @ (a) (ey () a) (ee) @® a) (ah) « @ ‘Contract Sum means the sum stated in Article 25 Contractor means the party named in the Artcies of Agreement and inciudes the Contactors legal suocessors or personal representatives or any Person to swhom the rights and obligations of the Contractor have been transfered with the agreement of the Employer, Contractor's All Risks Insurance (‘CAR Insurance") means an insurance policy Which provides cover against any physical loss or damage to work executed and materials and goods under a standard CAR Insurance poliey. The minimum insurance risks are specified under Clauses 19.0, 20.A or 20,B or 20°C, and the insurance shall have the appropriate endorsements. Any adctional insurance risks {in addition to those stated in these Conditions that are required to be covered under the CAR Insurance shall be stated inthe Contact Bills; Date of Commencement means the date(s) fixed and stated in the Appendix under Clauses 21.1 and 21.2; Day means calendar day inchading the weeldy day of rest but excluding gazetted ‘holidays inthe location where the Works is carid 0 Defects means defects, shrinkages or other faults due to materials or workmanship not in accordance with the Contract and Nominsted Sub-Contat and/or de © any faulty design (if any) undertaken by the Contactor and Nominated Sub- Contractor, Defects Liability Period means the period stated in the Appendix under Clause 54 ‘Employer means the party named in the Articles of Agrosment and includes the Employer's legal successors or personal representatives or any Person to whom the rights and obligations of the Employer have been transfered with the agreement of the Contractor; Engineer means the Person named in Anicle 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, Malaysia; Final Account means the documents showing the adjustment of the Contract Sum issued under Clause 30.10; ate issued by the Architect under Clauses Force Majeure means any circumstances beyond the control of the Contractor ‘caused by terorist acts, governmental or roguatory 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 leter of acceptance ofthe Contractor's tender issued by or on behalf ofthe Employer; Lump Sum Contract means a fixed price Contract and is not subject to rex ‘measurement or recalculation except for Provisional Quantities and. Variations Which shall 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 a nomination by the Architect under Clause 27.2; ‘Nominated Sub-Contractor means a sub-contractor nominated by the Architect under Clause 27.1; PAM Contact 2018 (With Quettis)@) (a (om) fan) (0) @) 9 () 5) @ (a) @) @w @) w@) ) (a) (oH) ee) way Nominated Supplier means a supplier nominated by the Architect under Clause 2B: PAM Sub-Contract 2018 means the form of contract as published by Pertubuhan ‘Akitek Malaysia whece the sub-contractor is nominated under the PAM Contract 2018; Penultimate Certificate means the payment certificate issued by the Architect for the release of monies to Nominated Sub-Contractrs and/or 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 of the contract under Clause 39.1; Period of Honouring Certificates means the period for honouring certificates stated in the Appendix under Clause 30.15 Person means an individual, sole proprietorship, firm (partnership) or body ‘corporate; Practical Completion or Practically Completed means the state of completion described in Clause 15.1; Prime Cost Sums ('P.C. Sums") means the sums provided in the contact for works or services to be exeeuted by Nominated Sub-Contractor or for materials and goods o be supplied by Nominated Supplier; Provisional or Provisional Quantity means the estimated quantities of work provided in the Contact Bills for work to be executed or forthe supply of any ‘materials and goods which cannot be determined or detailed at the time Provisional Sums means the suns provided in the contract andlor the Nominated Sub-Contract for work to be executed or forthe supply of any materials and goods ‘hich eannot be foreseen, determined or detailed a the time; Quantity Surveyor means the Person named in Article 5 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 retained in accordance with Clause 30.5; Service Provider means any company or body authorised to provide water, electricity, telecommunication, sewerage and other related services; Site means the land and other places on, in, under, aver or through which the ‘Works are tobe executed and is provided by the Employer for the purposes of the Contract including other land and places obtsined by the Contractor end accepted by the Employer as forming pat ofthe Site; ‘Site Agent means the person appointed under Cause 81; Site Staff means the person appointed under Clause 10.1; ‘Specialist Consultant means the Person named in Asticle 6 and such Person shall be # Specialist Consultant appointed by the Employer for a designated scope of professional work; ‘Variation means changes mate to the Works as defined under Clause 11.1; ‘Week means a period of seven (7) consecutive days; PAM Contract 2018 (With Quits) i(b=) Works means the works described inthe Articles of Agreement and refered t in the Contract Documents and includes any changes made to these works in accordance with the Contract; and (Works Programme means the works programme described in the Contact Documents and in Clause 3.5 Article 8 Jn the interpretation of the Contract, unless the context requites otherwise, the following, shall apply: (@) Gender words of one gender include the other gender, and words denoting natura © © © © Persons include corporations and firms and all such words are to be constricd interchangeably in that manner, Headings and Marginal Notes the headings and marginal notes in the Conditions ‘re not to be taken into consideration in the interpretation oF construction of the Conditions or ofthe Contract; Reference to legislation -a reference to any Acts is deemed to include references ‘o any subsequent emendiments, consolidation or replacement ofthe Acts; Singular and Plural - words importing the singular also include the phural and view versa where the context roquires; and Where any word or phrase is given a defined meaning, any other grammatical form ‘of that word or phrase has a corresponding mesning. PAM Contact 2018 (With Quastis) MeaningsIN WITNESS WHEREOF * The hand of the Employer has been hereunto set the day and year fist above written inthe presence of. ‘Signature of Witness. Name eee NRICNo.... * The Common Sel of. ‘was hereunto affixed in the presence of ‘Signature of Director. Name NRICNo. IN WITNESS WHEREOF * The hand ofthe Contractor has been hereunto set the day and year fist above writen inthe presence of. ‘Signature of Wines Name. was hereunto affixed inthe presence off Signature of Director. Name. NRICNo.. * Delete as appropriate )Signature of Employer. ) Name ) JNRIC NO. Signature of Director/Secretary*... Name. NRIC No, ) Signature of Contractor... ) ) Name. ) JNRIC No, Signature of DirectooSeeretary™. Name NRICNe... ‘Th exing ofthe Conon Seal o be wlinessed accordance with he Memaranchn & Articles of Asseciaton of the Company. PAM Contact 2018 (With Quant)The Conditions Of Contract 10 Contractor's ObI Completion of 1 ‘The Contractor shall upon and subject to these Conditions carry out and complete the Works in ‘Works in accordance with the Contract Documents and in compliance therewith provide accordance with materials, gods and standards of workmanship of the quality and standard described in the Contract Contrast Documents and/or required by the Architect in accordance with the provisions of Documents the Contact, ‘Temporary work 1.2 ‘Unless designed by the Architect or Consultant, the Contractor shall be fully esponsible for and construetion the adequacy, stability and safety ofall temporary works and ofall methods of constriction method of te Works, respective of any approval by the Architect or Consultant. ‘Contractor's 13 If the Contractor proposes any altemative design to that specified in the Works or if the design and Contract leaves any matter of design, specifieaion or choice of materials, goods and responsibilities ‘workmanship to the Contractor, the Contractor shall ensure that such works are fit for its purpose. The copyright of the Contractor's design and alternative design belongs to the Contractor, but the Employer shall be eattled to use the design and altemaive design for the completion, maintenance, repair and future extension of the Works. The acceptance by the Architect or Consultant of the Contractor's design and alternative design shall not relieve the Contracior of his responsibilities under the Contract Discrepancy or 14 ‘The Contractor shall use the Contract Documents and any other subsequent documents divergence issued by the Architect fo plan the Works prior to execution. If uring the said planning and between subsequent execution of the Works, the Contactor finds any discrepancy in or divergence documents between any of the Contract Documents and any subsequent documents issued by the Architect, he shall give to the Architect a written notice in sufficient time before the commencement of construction of the affécied works, specifying the discrepancy or divergence to enable the Architect o issue written instructions within a period whieh would ‘not materially delay the progress of the affected works, having regard to the Completion Date. Such discrepancy or divergence shell not vitiate the Contract. 20 Architect's Instructions (‘A’) Contractor to 2a ‘The Contractor shall subject to Clauses 2.2 and 2.3 forthwith comply with all instructions ‘comply with AL issued to him by the Architect in regard to any matter in respect of which the Architect is ‘expressly empowered by these Conditions to issue instictions. 22 All instructions issued by the Architect shall be in writing expressly entitled “Architect's Instruction” ‘AT. All other forms of writen instructions including drawings issaed by the ‘Architect shall be an Al: 2.2(8) upon written confirmation from the Contractor entitled “Confirmation of Atchitet’s Instruction” (CAL"}; or 2.2(b) upon subsequent confirmation ofthe written instroctions by the Architet with anal Provisions 23 ‘Upon receipt of a writen instruction fiom the Architect, the Contractor may request the ‘empowering Architect to specify in writing which provision ofthese Conditions empowers the issuance Instructions ‘ofthe said instruction and the Architect shal forthwith eomply with sac a request. If the Contractor thereaftes complies with the said instruction without invoking any dispute resolution procedure under the Contract to establish the Architect's power in that regard, the instruction shall be deemed to have been duly given under the specified provision, Failure of 24 [the time of compliance (which shall not be less than seven (7) Days from receipt of the Contractor to Als stated by the Architect in the Al end the Contactor does not comply therewith then ‘comply with AL ‘the Employer may, without prejudice to any other rights and remedies which he may ppossess under the Contract, employ and pay other Person to execute any work which may bbe necessary to give effect to such instruction. The cost of employing other Person and any ‘additional cost in this connection shall be set-ofT by the Employer under Clause 30.4, 30 Contract Documents, Programme And As-buit Drawings Contract 3 The Contract Documents ar to be read as mutually explanatory of one another. In the event Documents cf any conflict or inconsistencies between any ofthe Contract Document, the priority in the interpretation of such documents shall be inthe following descending order: PAM Controct 2018 (With Quant) 9