Possession

Occupied part

of

16.2

without consent

;t*:.xlgtTiffi
' l6'2(a) l6'2(b)

other rights and remedies which he may il:,.:Ifj:::l#ll;#ll"*.prejudice :'#'ff ,illffi"*:#'"Ii"l,1il'.H,'.::,'Jn:"n:"ny"'::l

to anv

'the compretion of the works has been delayed and a certificate of Noncompletion has been issued by ttre-et"iit"ct under clause 22.r: and
such entry and.occupation
unreasonabre disturbanceto the progress

ofthe occupied part can be effected wlthout any

ofthe contractor,s remaining rvorks.
(f) shall apply.
1

ln that event, the provisions of Clauses

I 6.

(a) to

I 6. I

Contractor to
remove

l o.J

equipment
17.0

If the Employer rakes of the Occup^ied part uontractor shall upon the wrinen Tr:..:.j:l insi:ruction of the under Clause i6.l or 16.2, the Architect remove his sii. facilities, construction plant or
equipment, materials

unJg*J.'irorn

the Occupied part.

Assignment And Sub-Contracting his 9:Y.:l* the Employer rights, rnstltutron, .assigning
interests or benefirs under rhe -*titt"n contract to his financial shall not rvithout tr,. consent of the contractor

Assignment by Employer

17.1

consent shall nor be unreasonably delaycd

*irfrrr.ia;

assign the

Assignment by

,;;;;

(such

Contractor

17.2

9:it::ll lnstttutlon,

consenr shail be at *,e sor. aiscretion oiih; benefits under the Contract to other parties No sub-

assigning any payment due or ro become due under the conrract to his financiar the Contractor shall not without the

"ri.r.prni*.

;;'E:t'"*:H xlJT-i,Ti:t1,t'::

wri

contracting

17.3

by the contract, the contractor shall not wholly or wh.;;;;;"tractor sub_conhacrs rabour onry of :iH*:],Jd;T."?Til to.tut'tf^9ul any portion of the works, this shall no! constrtute ,uo-.on,r..nlYf:lJ-"t9t"

Except where othen'rise

r"r]g,.d. the works.

rng wtthtn the meaning of this clause.

1i

lnjury To
l

Person

or

Loss Anc"

or

Damage

il:;:ra:::r-'-r
rrdtmnin
againsr death

of propertl And Indemnirv,

To Empto;,er

is

injun or

The Conrracior shali be rrabie for and shall indemnify the. Emproyer against any damage, liabihry, loss, claim or proceedings *rr"rr*".r whether arising at common law or li.T.l]r respecr of oersonul in;ury to"o. a.utr,lruny p"rron ulrin!.oii,l?o,,n ,r.," :1..:11,:.," caused or by the.carrying our of the Works and provided always that the same oue to any negligence, omission, is default andzor breach ofcontract by the contractor or of any Person for whom the Conrractor is

::::::]

Contractor,s

d;;.;;;.--"'
'

indemnity
against loss and/or darrrage

18.2

,v"'[:,. ",,, ..ul o, p.ooJ,-li"r"Ji"g'*r" :?, whatsoever to any propertv ":1T,1; works and any other properry of the Empiover, in so far a' such ross out of or in the courie of or by reason of rhe execuiion of Works that ,h; ,the to any negligence' omission' defaurt andor b..";; u, ,t. conractor or of any person for whom the Contractor is responsible.

The Contractor shall be lir ex pense, ri abi, i ry,'

;:1,!i

lii1tirrff

TXJJru*H

.;t;;;;;;'i.ir., *d ;;;fi;i;ways ;i;";;.,

;;";;;e

Contractor's
!ndemnity against claims by workmen

r8.3

The contractor shall be liale and shall indemni! the Employer against any damage, expense' liability, loss, crairn lor or proceedings whatsoe'ver arising out of claims by any and every workman employed in ana tor the Works and for payment of compensation under or bv virtue of the workmeJs co-pensation Act 1g52 and the Employees' Social Security

th"""*.;;;;;'of

Act

1969.

Indemnities not
to be defeated

18.4

not be defeated or Architecr, consultant or other authorised representaivi or control the conhactor,s site operation or methods of w or temporary work or. to detect or prevent or remedy defective I proper performance of any obligation of the Cont "u.io. ,rna.. the

grven bv rhe.conrra*or under crauses 18. recuced by reason of anv negligence or omission oi1ir"

3:::i"r::::

i to i8.3 shalr

; r.ta a"r*ffi. *o;;;;;;-r'orKrng Contract.

r*ptoy.r,

r
r9.0 Insurance Against Injury To Person And Loss Ard/Or Damage Of Property

Contractor to
insure against

19.1

Without prejudice to his liability to indemnify the Employer under Clause 18.0, the

injury to Person
and loss and,/or damage of

property

to the commencement of any work under the Contract, take out and maintain in the joint names of the Employer, Contractor, subcontractor and all interested parties in respect ofpersonal injuries or death and injury or loss and/or damage ofproperty real or personal arising out ofor in the course ofor by reason of the execution of the Works and rvhether or not such injury, death, loss and/or darnage is caused by negligence, omission, default and,/or breach of contract by the Contractor, Employer, sub-contractor and interested parties and any of their servants and agents. Such insurance policy shall provide cover in respect ofthird party liability for personal injury or death and damage to property for the amounts stated in the Appendix. If the Conhactor
Contractor shall, as a condition precedent having regard to his indemnity to the Employer under Clause 18.0 desires to increase any of the insurance coverage, he shall do so and allow for any additional cost. The insurance policy shall include the following endorsements:

l9.l (a)

a "cross

liability" endorsement to provide insurance cover to the Employer and Contractor and any other parties involved in the Works as ihough they are separately insured for their respective rights and interest;
an endorsement to the effect that the Architect Consultant and any other

l e.1(b)

professionai consultants

(as

applicable) and

their employees

and

representatives, Site Stafi employees and representatives deemed to be third parties:

I 9.1

ofthe Employer, are

(c)

an endorsement for *aiver of ail expressed or impiied rights recoveries against the insured, and an endorsement

of subrogation or

le.i(d)
Employees' social security scheme for local

ior auton:atic exterrsron or renerval issuance c'i:he Certiilcate of it.laking Cooci Defects.

ofthe insurance up to ihe

19.2

Without prejudice to his liabilily to indemnifu the Employer under Clause 18.0, the
Contractor shall register or cause to register all local workmen employed on the Works and who are subject to registration under the Employees' Social Security Scheme (hereinafter referred to as "SOCSO") in accordance with the Employees' Social Securiqv Act 1969 and shaii cause all sub-contractors to comply with the same provisions. The Contractor shall rnalc* payment oJ'all contributions and cause all sub-contractors to make similar payments fiom time to time u, hen the same ought to be paid.

workmen

Insurance for
local workmen

r9.3

\\'ithout prejudice to his liabiliq'to indemr,ify'the Employer under Clause 18.0, Contractor shall, as a condition precedent to the commencement of any rr'ork unCer

the the

not subject to
SOCSO

Conqact, take out and maintain in the joint names of the Employer and Contrac;or anC shalr cause all sub{ontractors lo take out and maintair a similar insurance polrcv t-or lo:al -oe workmen who are not subject to registration under SOCSO. Such insurance pciicl shail effected and mainlained as recessarv to cover all liabilities including corrmon ia* liabjj:n in respect of any claim whlch may arise in the course of the execution oithe \\'orfs- Th.e insurance policy shall be valid up to the Completion Date and the extended ma:nterar:e

cover shall be for the Defects Liability Period pius a firther three (3) ir'Ionths. Ii the Contractor is unable to complete by the Completion Date or complete makilg good the Defects within the insured period, he shall ensure that the insurance is accordingiy' extended for the same period ofdelay. The Contractor shall effect the said extension of the insuiance cover not less than one (l) Month before the expiry ofthe insurance currenth' in force.

Workmen's
compensation insurance for foreign workers

t9.4

Without prejudice to his liabiliry to indemnily the Employer under Clause 18.0. the Contractor shall, as a condition precedent to the commencement of any u'ork under the Contract, take out and maintain in the name of the Contractor and shali cause all subcontractors to take out and maintain a similar insurance policy for all foreigl '.r'orken employed on the Works as required by the Workmen's Compensation Act 1952 and Workmen's Compensation (Foreign Worker's Compensation Scheme) (insurance) Order 1998. Such insurance policy shall be effected and maintained as necessary to cover all liabilities including corrmon law liability in respect of any claim rvhich may arise in the course of the execution of the Works. The insurance policy shaii be valid up to the Completion Date and the extended maintenance cover shall be for the Defects Liability Period plus a further three (3) Months. If the Contractor is unable to complete by the Completion Date or complete making good the Defects within the insured perioci, he shall ensue that the insurance is accordingly extended for the same period of delay. The Contractor shall effect &e said extension of the insurance cover not less than one ( I ) Month before the expiry ofthe insurance currently in force.

-Placing insurance licensed

of
with

19.5

insurance
companies

The insurance refened to in clauses 19.1, 19.2, 19.3 and 19.4 shall be placed with licensed insurance companies approved by the Employer, and the contracror .r,urr a.pori ,t Employer the policy and the receipt of premiums paid with copies " extended to the Architect

*i,t

and consultant. If the contractor makes default in insuring or continuing to insure as uPT.tfr'the Employer may ftut is not obligated to) insure against any risti in respect of which the default has occuned and the amount of premiums und uny oil,rer cost incurred or
paid by the Employer shall be

setoffby

the Employer under Clause 30.4.

**20.A

Insurance Of New BuildingVWorks

-By

The Contractor

Contractor's
risks - new buildings/ works

20.A.1

without prejudice to his liabiliry to indemnifu the Employer under clause 1g.0, the conftactor shall, as a condition precedent to thl commencement of any work under the contract, take oul and maintain in the joint names of the Employer, contractor, subconhactors and all interested parties a cAR Insurance policy for alralue not less than the

cyclone, flood, inundation, landslide, theft, ground subsideace, existing underground cables and/or pipes or other undergror.rnd facilities, bursting or overflowinglf wati tanks, apparatus or pipes, aircraft and other aerial devices or articles dropped therefrom, strike,'rioi and civil commotion, malicious damagg trespass, cessation of work whether total or partial, vibration and weakening of support. Unless otherwise insured by the contractor, the cAR Insurance policy will exclude cover for construction plant, tooli and equipment o-wned or b-r the contractor or any sub-contactors. The ioniractor shall keep such works so lired insurednofwithstanding any arrangement for sectionai completion under clause 21.0 or Padial Possession under clause 16.0. The insurance poiiiy shali be valid up to rhe Completion Date and the extended maintenance cover shall be for the Defects Liability Period plus a further tkee (3) Months. lf the Contractor is unable to complere by the completion Date or complete making good the Defects within the insured period, he shall ensrue that the insurance is accordingly extended for the same period of delay. The Conhactor shall effect the said extension ofthe insurance cover not leis than one (l) Month belore the expiry ofthe insurance currently in force. Where deductibles are speciied in the Appendix or in the insurance policy, the Contractor shall bear the amount ofall deductibles. The insurance policy shall also include the endonement under clauses l9.l (a) to (d).

Contract Sum' plus the sum to cover professional feei for reinstatement and the sui-n to cover the removal of debris all as stated in the Appendix. Unless covered by the standard cAR Insurance policy, the insurance shall have .ndorr.ments to cover against loss and/or damage by fire, iightning, explosion, earthquake, volcanism, tsunami] storm,

Additional risks
to be covered under the

20.A.2

Any additional risks or endorsernents in addition to

may be required to be covered under the

insurance

contract Bills.

If

cAR

Clause 18.0, desires to have any additional endorsements to the inswance in addiiion to the risks specified, he shall do so at his own cost. 20.A.3

the conhactor having regard to his indemnity to the Employer under

rJrose stated in Clause 20.A. I which Insurance policy shall be specified in the

Placing of insurance with licensed

insurance
companies

The insurance refened to in Clause 20.A shall be placed with licensed insurance companies approved by the Employer, and the contractor shall deposit with the Employer the policy and the receipt of premiums paid. If the Contractor makes default in insurins or continuine to insure as aforesaid, the Employer may insure against any risks in respeJt of which thI default has occurred and the amount ofpremiums and any oiher cost incurred or paid by the Employer shall be seroffby the Employer under Clause 30.4.

Application of insurance claim

proceeds

20.A.4

Upon the occurrence of any loss and/or damage to the works or unfxed materials and goods prior tc Practical completion of the works from any cause whatsoever, and notwithstanding that settlemeDt of any insurance claim has not been completed, the contractor shall with due diligence restore, replace or repair the same, remove and dispose of any debris and proceed with the carrying out and completion of the works. All money if and when received from the insurance under this clause shall be paid in the first place to the Employer. The Employer shali retain the amount paid by the insurance companies in respect ofprofessional fees for reinstatement and pay the balance to ihe Contracior and,/or Nominated Sub-Contractors by installments under separate certificates to be issued by the Architect. The Contractor shall not be entitled to any additional payments in respect of the restoration of the damaged work and replacement or repair of any unfixed materials and goods and the removal and disposal of debris other than the monies received under the
aforesaid insurance.

"

Stril<e

out Clause 20.A, 20.8-or 20.C

appropiate

r
**20.B Insurance by
20.8.1

Insurance Of New BuildingsMorks - By The Employer

witrout

prejudice

Employer

to the contractor's liability to indemnifi the Employer under clause

18.0, the Employer shall, as a condition precedent to the commencem.nt of work under the conhact, take out and maintain in the joint names of the Employer, conkactor, sub-

*y

contractors and all interested parties a CAR Insurance policy for a value not less than the conhact Sum, plus the sum to cover professional feei for reinstatement and the sum to cover the removai of debris all as stated in the Appendix. Unless covered by the standard

CAR Insurance policy, the insuranc-e shall have .ndo.sernents to cover against loss and./or by fire, 9*lg:inundation, lightning, exirlo'sion, earthquake, volcanism, ts'nami, storm, cyclone, flood, landslide, ground subsidence, existing underground cables and./or pipes or other underground facilities, bursting or overllowing of watei tanks, apparatus or pipes, aircraft and other aerial devices or articles dropped therefrom, strik;, riot and civil commotion, malicious damage, trespass, cessation of work whether total or partial, vibration and weakening of support. Unless separately required by the Contractor at his ovm cost, the cAR Insurance policy will exclude cover for construction plant, tools and equipment owned or hired by the contractor or any sub-contractor. The Employer shall keep such works so insured notwithstanding any arrangement for sectional completion under clause 21.0 or Pafiial Possession under clause 16.0. The insurance policy shall be valid up to the completion Date and the extended maintenance cover shall be for the Defects Liability Period plus a further three (3) Months. If the Contractor is unable to complete by the Completion Date or complete making good the Defects within the insured period, the Employer shall ensure that the insurance is accordingly extended for the same period ofdelay. The Employer shall effect the said extension ofthe insurance cover not less than one (l) Month before the expiry of the insr:rance currently in fcrce.'rVhere deductibles are specified in the Appendix or in the insurance policy, the contractor shall bear the amount of all deductibles. The insurance policy shall also include the endorsement under
Clauses 19.1(a) to (d).

Additional risks
required by the

20.8.2

Ary

Contractor

additional risks or endorsements which vary fiom those stated in ciause 20.8.1 shall be specified in the Contract Bills, and the Employer shall ensure that the risks specified in the Contract Bills are covered by the cAR Insurance policy. lfthe Contractor having regard

to his indemnity to the Employer under Clause 18.0, desires to have further additional
endorsements to the insurance cost.

in addition to the risks specified, he shall do so at his own

Maintenancetf
policy

20.8.3

TheEmployer shall maintain a proper insurance policy against the aforesaid risks and such policy and receipt for the last premium paid for its renerval shall, upon the request of the
Contractor, be produeed for his inspection.

Failure of Employer to insure

20.8.4

If ibe Employer at any time upon the iequest of the contractor fails to produce any receipt
shoiving such a policy as aforesaid to be effective, then the Ccntractor may take out and maintain in the joint names of the Employer, Contractor, sub-contractors and all interested parties, the CAR Insurance policy as required under Clauses 20.8.1 and 20-P..2. The Contractor upon production ofthe receipt ofany premium paid by him shall be entitled to
have the amount added to the Contract Sum-

Application of insurance claim

proceeds

20.8.5

Upon the occurrence of any loss and,ior damage to the V/orks or unlxed materials and

goods prior

to

Practical Completion

notwithstanding that settlement of any insurance claim has not been completed, the conhactor shall with due diligence restore, replace or repair the same, remove and dispose of any debris and proceed with the carrying out and completion of the Works. All money if and when received frcm the insurance under this clause shal! be paid in the first place to the Employer. The Employer shall retain the amount paid by the insurance companies in respect of professional fees for reinstatement and pay the balance to the Contractor and/or Nominated Sub-Contractors by installments uncier separate certificates issued by the Architect. The Contractor shall not be entitled to any additional payments in respect of the restoration of the damaged work and replacement or repair of any unfixed materials and goods and the removal and disposal of debris other than the monies received under the
aforesaid insurance.

of the Works from any cause whatsoever

*r Strike out Clause 20.A, 20.8 or

20.C as appropriate

-1
**20.c
Employer's risks
- existing 20.c.1

Insurance Of Existing Building Or Extension - B;" The Emplol er Without prejudice to the Conhactor's liability to ildemnifu the Employer under Clause 18.0, the Employer shall, as a condition precedent to the commencement of any work under the Contract, take out and maintain in the joint names of the Employer, Contractor, subcontractors and all interested parties a CAR Insurance policy for a value not less than the Conkact Sum, plus the value of the existing skucture together with all the contents owned by the Employer or for which he is responsible, the sum to cover prottssional fees for reinstatement and the sum to cover the removal of debris all as stated in the Appendix. Unless covered by the standard CAR Inzurance policy, the insurance shall have endorsements to cover against loss and/or damage by fge, lightning, explosion, earthquake, volcanism, tsunami, storm, cyclone, flood, inundation, landslide, ground subsidence, existing underground cables and/or pipes or other underground facilities, bursting or overflowing of v,,ater tanks, apparatus or pipes, aircraft and other aerial devices or articies dropped therefrom, strike, riot and civil commotion, malicious damage, trospass, cessation of work whether total or partial, vibration and weakening of support. Unless separately required by the Corrtractor at his own cost, the CAR lnsurance policy will exclude cover for construction plant, tools and equipment owned or hired by the Contractor or any subcontractor. The Employer shall keep such Works so ins':red notwithstanding any arrangement for Sectional Completion under Clause 21.0 or Partial Possession under Clause 16.0. The insurance policy shall be valid up to the Completion Daie and the extended maintenance cover shall be for the Defects Liability Period plus a further ttree (3) Months. If the Contractor is unable to complete by the Completion Date or complete making good the Defects within the insured period, the Employer shall ensure that the insurance is accordingly extended for the same period ofdelay. The Employer shall effect -the said extension ofthe insurance cover not less than one (1) Month before the expiry of the insurance currently in force. Where deductibles are specified in the Appendix or in the insurance policy, the Contractor shall bear the amount of all deductibles. The insurance policy shall also include the endorsement under Clauses I 9. i (a) to (d).

building or

{t

extension

Additional risks
required bv Contractor

20.c.2

Any additional risks or endorsements which vary fiom those stated in Clause 20.C.1 shall be specified in the Contract Bills, and the Employer shall ensure that tbe risks specified in theContractBillsarecoreredbytheC.+-nlns::ran.'epoli.r.lfrheConnactorhavingregard ro his indemnitlr ro rhe F-mp1o1,er under Clause .18.0, .:esir:s n have further additionai endorsements to the insurance il addition to the iisk specified, he shall do so at his own
cost.

Nfaintenance of

20.c.3

insurance by Employer Failure of Employer to insure 20.c.4

The Employer shall maintain a proper insurance poiicy against the aforesaid risks and such policy and receipt for the last premium paid for its renewal shall, upon the request of the Contractor, be produced for his inspection.

ofthe Contractor fails to produce any receipt the Contractor may take out and maintain in the showing as aforesaid to be effective, then joint names of the Employer, Conhactor, subtontractors and all interested parties, the CAR lnsurance policy as required under Clauses 20.C.1 and 20.C.2. The Conhactor upon production ofthe receipt ofany premium paid by him shall be entitled to have the amount Ifthe Employer at any time upon
the request added to the Contract Sum.

Application of insurance claim

proceeds

20.c.5

Upon the occurrence of any loss and/or damage to the Works or unfxed materials and

goods prior

to

Practical Completion

of the Works from any cause whatsoever

notwithstanding that settlement

insurance claim has not been completed, the Contractor shall with due diligence restore, replace or repair tlie same, remove and dispose of any debris and proceed v/ith the carrying out and completion of the Works including the reinstaternent of the existing structue. All money if and when received from the insurance under this clause shall be paid in the first place to the Employer. The Employer shall retain

of any

the amount paid by the insurance companies

in

respect

of

professional fees for

reinstatement and pa1- the balance to the Contractor and/or Nominated Sub-Contractors by installments under separate certificates issued by the Architect. The Contractor shall not be entitled to any additional payments in respect of the restoration of the damaged work and replacement or repair of any unfixed materials and goods and the rentoval and disposal of debns other than the monies received under the aforesaid ilsurance.

t'Strifu out Clcuse 20.A,20.8 or 20.C

as appropriate

PAM Contract 2006 (With Quantities)