05 Addedum to PAM 2006(Without Quantities).xlsx

AMENDMENTS, AMPLIFICATIONS AND SUPPLEMENTARY CLAUSES

Amendments - PAM2006 (April 2013) AM/1


AGREEMENT AND CONDITIONS OF PAM CONTRACT 2006 ( WITHOUT QUANTITIES)

AMENDMENTS TO THE ARTICLES OF AGREEMENT AND CONDITIONS OF CONTRACT

A

ARTICLE OF AGREEMENT

Article 7

Insert new definition (d1), after definition (d), as follows:

B “(d1) Article means the articles in the Article of Agreement;”

C Definition (q): Delete this definition in its entirely and replace with:

“(q) Contract or Contract Documents comprise the following documents:

(i) the Letter of Award;(ii) the Article of Agreement;iii) the Conditions of Contract;(iv)

(v) the Contract Drawing;(vi) the Contract Bills; and

(vii)

D

“(r) Contract Bills comprise the following documents (as may be applicable):

(i) Specification;(ii) Schedule of Works(iii) General Conditions and Preliminaries;(iv) Prime Cost (P.C.) and Provisional Sums(v) Final Summary(vi) Form of Tender(vii) Conditions of Tendering(viii) Schedule of Rates(vii) Preambles(viii) any other documents specifically mentioned in any of the above documents;"

E Insert new definition (r1), after definition (r), as follows:

The following amendments to the Articles of Agreement and Conditions of Contract (" Amendments") shall be read and construed with Agreement and Conditions of PAM Contract 2006 ( Without Quantities) as if they were incorporated therein. In the formal contract document the standard form Agreement and Conditions of PAM Contract 2006 may be physically amended or stamped "See Amendments" or similar alterations to reflect the Amendments prior to signing. Notwithstanding such physical alterations (if made), insofar as any of the Amendments may be in conflict or be inconsistent with any of the standard form Articles of Agreement and Conditions of Contract, the Amendment set out herein shall prevail.

Amendments, Amplifications and Supplementary Clauses to the Article Of the Agreement and Conditions of Contract;

other documents incorporated in the Contract Documents, unless expressly stated to be excluded therefrom;"

Definition (r): Delete this definition in its entirely and replace with:

“(r1) Contract Drawings means the drawings briefly described in the third recital (page 1) and more particularly referred to in the Contract Documents.



A Definition (ad): At the end of the words “natural disasters” add the words:

B Definition (au), first line: Delete the word “contract” and replace with the word “Contract”.

Article 9

C Insert new Article 9, after Article 8, as follow:

"Article 9 [Amendments]

CONDITION OF CONTRACT

Clause 3.0 - Contract Documents, Programme and As-built Drawings

D Clause 3.1: Delete these Clauses 3.1(a) to 3.1(f) in their entirely and replace with:

"3.1 (a) the Letter of Award;3.1 (b) the Articles of Agreement;3.1 (c) the Conditions of Contract;3.1 (d)

3.1 (e) the Contract Drawings;3.1 (f) the Contract Bills; and3.1 (g)

ARTICLE OF AGREEMENT (Cont'd)

Article 7 (Cont'd)

“(and which circumstances the Contractor cannot reasonably foresee and provide against before entering into the Contract);”

The Articles of Agreement and Conditions of Contract shall be read and construed with the “Amendments, Amplifications and Supplementary Clauses” attached hereto and acknowledged by the parties (hereinafter called “the Amendments”) as if the Amendments were incorporated herein. For avoidance of doubt, the Conditions shall have the effect as modified by the amendments notwithstanding that the printed standard form of Conditions hereto may not been physically amended, altered or initialled by or on behalf of the parties”

the Employer's Requirements, with reference to Contractor's design under Supplementary Clauses S2.0 (if applicable);

other documents incorporated in the Contract Documents unless expressly stated to be excluded in any of the Contract Document.'



A

3.10(a)

3.10(b)

Clause 11.0 - Variation, Provisional and Prime Cost Sums

B Clause 11.6(d): At the end of the clause, add the following sentence:

C Clause 11.8: At the end of the clause, add the following sentence:

Clause 12.0 - Quality And Quantity of the Works

D Clause 12.1: delete this clause in its entirety and replace with:

12.1(a) The quality and quantity of the work included in the Contract Sum shall be deemed to be that which is set out in the Contract Documents read together. Work shown or referred to inany of the Contract Documents is deemed to be included in the Contract Sum, save that ifthere is any conflict or inconsistency between work set out in the various Contract Documentsthe Contract Sum is deemed to allow for the work as set out in the Contract Documents i

(i) Letter of Award(ii) Contract Drawings(iii) Particular Specification(v) Standard Specification and other specification(v) Schedule of Works(vi) Other Contract Documents

CONDITIONS OF CONTRACT (Cont'd)

Clause 3.0 - Contract Documents, Programme and As-built Drawings (Cont'd)

Clause 3.10, line 4: Delete the words”, the Contractor shall supply and shall ensure that the Nominated Sub-Contractor supplies four (4) copies of the above items before the Completion Date.”, and replace the following:

“the Contractor shall supply (and shall cause the Nominated Sub-Contractor to supply such documents relating to the sub-contract works) to the Employer without additional charge:

Two (2) each of hard and soft copies of As Built Drawings not later than one (1) Month after the date of Practical Completion of the Works; and

Two (2) each of hard and soft copies of manuals concerning the maintenance and operation of the Works including any installation comprised in the Works not later than the date of Practical Completion of the Works. The supply of the manuals is a condition precedent to issuance of Certificate of Practical Completion.”

“If the Contractor fails to provide the vouchers as aforesaid, the Quantity Surveyor may value the same based on the information available and such valuation shall be final and binding for the purposes of this Clause.”

“Where the Contractor does not provide the access to documentation or copy of such documentation as requested under Clause 11.8, the Quantity Surveyor shall value the Work based on the information available.”



Clause 12.0 - Quality And Quantity of The Works (Cont'd)

A For the avoidance of doubt, where work is shown upon any of the Contract Documents but is notshown or referred it in a document of higher precedence is deemed to be included in the ContractSum."

B Clause 12.2, Line 1: Delete the word "contract" and replace with the word "Contract".

Clause 15.0 - Practical Completion and Defects Liability

C Clause 15.1(a), line 3: Before the words “defect of” add the words “making good of”.

Clause 19.0 - Insurance Against Injury To Person And Loss And/or Damage Of Property D

E At the end of Clause 19.1, add the following paragraph:

Clause 20.A, 20.B and 20.C - Application of Relevant Clauses.

F

Clause 20.B - Insurance of New Buildings/Works - By the Employer

G Clause 20.b1, last line: At the end of Clause 20.B.1, add the following sentence:

"Where the CAR Insurance policy provided by the Employer includes cover for third party liabilityin the manner set out in Clause 19.1, then without relieving the Contractor's liability under Clasue 18.0,the Contractor is deemed to be relieved as his obligaton to take out and maintain the insurancepolicy required under Clause 19.1."


Clause 19.1(d), line 1: Delete the words “automatic extension or renewal of the “and replace with the word “extended”’ and at the end of the word “insurance” add the words “coverage during Defects Liability period”.

“The Contractor shall maintain and ensure that the insurance policy shall be valid up to the assurance of the Certificate of Making Good Defects.”

In this Contract, Clause 20.A is applicable, and the other two Clauses 20.B and 20.C of the Conditions of Contract are deemed to be deleted or stuck out (whether or not the said Clause in the printed standard form is physically struck out).



Clause 23.0 - Extension Of Time

A At the end of Clause 23.3, add the following sentence:

B

C

D Clause 24.2: At the end of the clause, add the following sentence:

Clause 25.0 - Determination Of Contractor's Employment By Employer

E Clause 25.3A : After Clause 25.3, add new Clause 25.3A as follows :

Death or serious injury

25.3A


“If the Contractor fails to provide any further particulars required by the Architect, the Architect may (but is not obliged to) decide on the Contractor’s applications based on the particulars available in accordance with Clause 23.4.”

Clause 23.8(g), line 1: At the end of the words “Clauses 1.4, 11.2 and 21.4” add the words “(unless the AI has arisen due to or is necessitated by or is intended to cure any default of and/ or breach of contract by the contractor or Nominated Sub-Contractor)”.

Clause 23.8(p), line 2: At the end of the words “Service provider” add the words “(which changes occurred after the date of the Contract, and the Contractor cannot reasonably foresee and provide against before entering into the Contract)”

Clause 24.0 - Loss And/or Expenses Caused Bt Matters Affecting The Regular Progress Of The Works

“Where the Contractor does not provide the access to documentation or copy of such documentation as requested under Clause 24.2, the Architect (and Quantity Surveyor) may ascertain the amount of loss and/or expense based on the information available.”

If the Contractor ( or any of its sub-contractors) failed to comply with Supplementary Clauses S5.1 or S5.2, and such failure to comply resulted in the death of or serious injury to any person, then the Employer is entitled to determine the employment of the Contractor. In such event and after the completion of the investigations by the Appropriate Authority, the Employer or Architect on his behalf is entitled to give to the Contractor a written notice delivered by hand or by registered post specifying the above mentioned default. the Contractor must within fourteen (14) Days from the receipt of such written notice submit to the Employer a written statement together with substantiation to explain that such death or serious injury was not caused by or through the default of the Contractor ( or its sub-contractor as the case may be ) (" Contractor's Response"). If the Contractor fails to provide the Contractor's response within the said fourteen ( 14) Days or if Employer at its sole discretion is not satisfied with the Contractor's Response, then the Employer may within ten ( 10) Days of expiry of the said fourteen (14) Days or within twenty eight (28) Days from the receipt of the Contractor's Response ( whichever is the later), by further notice delivered by hand or registered post forthwith determine the employment of the Contractor under the Contract. The Employer is entitled to rely on the incident investigation report prepared by (or on behalf of) the Appropriate Authority in deciding whether the Contractor failed to comply with Clauses S5.1 or S5.2. Provided always that such notice shall not be given unreasonably or vexatiously.



A Clause 25.4, 1st line: Delete the words "or 25.3" and replace with words ", 25.3 or 25.3A".

Clause 27.0 - Nominated Sub-Contractors

B Clause 27.6, lines 8 and 10: At the end of the words “may" but add the words “is”.

C Clause 27.7, line 5: Delete the words “retention and”.

D

E Clause 27.12, line 12: At the end of the word “litigation,” add the words “the payment provisions of”.

Clause 28.0 - Nominated Suppliers

F Clause 28.8, line 3: At the end of the words “Nominated Suppliers” add the following words:


Clause 25.0 - Determination Of Contractor's Employment By Employer (Cont'd)

Clause 27.10, line 3: At the end of the words “Nominated Sub-Contractors” add the following words:

“, nor render the Employer in any way liable to the Nominated Sub-Contractors save as expressly stated in Clause 30.6(a)”

“, nor render the Employer in any way liable to the Nominated Suppliers save as expressly stated in Clause 30.6(a).”



Clause 30.0 - Certificates and Payment

A

B

C

D At the end of Clause 30.4, add the following new paragraph:

E Clause 30.8: At the end of Clause, add the following sentence:

F

Clause 34.0 - Adjudication and Arbitration

G Clause 34.3: At the end of the Clause, add the following sentence:

H Clause 34.4: Delete this clause in its entirety and replace with:


Clause 30.1, line 10: After the words “entitlement for”, delete the word “that”, and at the end of the words “Interim Certificate” add the words “for that Interim Claim Interval”.

Clause 30.4, paragraph 3, line 4: At the end of the words “setting out the” add the words “amount disputed,”

Clause 30.4, paragraph 3, last sentence: Delete the entire last sentence (“The Employer … decision”), and replace with the following:

“For avoidance of doubt, the Employer may deduct any part or parts of the amount notified under paragraph 30.4(b) which is not disputed by the Contractor; but where any amount for set off is disputed by the Contractor, then the Employer may not deduct any part of the disputed amount unless agreed by the Contractor or the adjudicator (or arbitrator, as the case may be) has issued his decision.”

“Notwithstanding the right of set off, the Contractor’s liabilities under Contract shall not be reduced.”

“Provided always that such supervision (or suspension thereof) shall not relieve the Contractor of his obligations under the Contract.”

Clause 30.10(c), line 2: At the end of the words “the Contract” add the words “(in reference to the Final Account or Clause 30.11)”.

“If there is no PAM Adjudication Rules published by Pertubuhan Akitek Malaysia, the adjudicator shall have the power to set the rules and procedures of the adjudication.”

“The parties are bound by the adjudicator’s decision until the subject matter of the adjudicator’s decision must give notice to the other party within six (6) weeks after the date of the adjudicator’s decision to refer the dispute to arbitration. If the said dispute on the adjudicator’s decision is not referred to arbitration within the said time, then the adjudicator’s decision shall be final and binding on the parties.”



Clause 36.0 - Notice

A Insert new Clause 36.5, after Clause 36.4, as follows:

“Clause 36.5 [Facsimile transmission]

Clause 37.0 - Performance Bond

B Clause 37.3: At the beginning of the Clause, add the following paragraph:

C

D Clasue 37.3: At the end of the Clause, add the following new paragraph:

"If Practical Completion has bot been certified by the date 28 days prior to the expiry date ofthe Performance Bond, the Contractor shall extend the validity of the Performance Bond accordinglt, failing which the Contractor shall be in breach of contract and the Employer shallbe entitled to withhold or deduct an amount equal to the Performance Bond from anypayment due or to become due to the Contractor."


Unless otherwise agreed by the parties, all written notice or other document given or sent by facsimile transmission under Clause 36.1 shall be confirmed in hard copy given or sent by hand or ordinary mail or registered post soonest possible after such facsimile transmission, but shall be taken to be duly served upon at time of the transmission. Where such document is transmitted after the normal working hours, it shall take effect on the next Day.”

“The Contractor shall ensure that the Performance Bond remains valid until six (6) months after the Defects Liability Period or the issuance of the Certificate of Making Good Defects whichever is later.”

Clause 37.3, line 2: Delete the entire sentence “Where the Works…Practical Completion of the Works.”



Clause 39.0 - Waiver

A Insert new Clause 39.0, after Clause 38.0, as follows:

“Clause 39.0 - Waiver

DETAILS OF APPENDIX TO THE CONDITIONS OF CONTRACT

Appendix Item 2 from the top, commencing with the words “Insurance cover”.

B

C

Appendix Item 4 from the top, commencing with the words “Percentage to”

D Item 4, Column 1, line 1: Delete the word “Percentage” and add the word “Sum”.

Appendix Item 9 from the top, commencing with the words “Liquidated Damages”

E Item 9, Column 3: Delete the word “per day” and replace with “per calendar day”.

Appendix Item 10 from the top, commencing with the words “Sectional Completion”

F Item 10, Column 4, line4 - 6: Delete the word “per day” and replace with “per calendar day”.


Unless otherwise stated, no failure or delay on the part of either party hereto to exercise any rite or remedy under this Contract shall be construed or operate as a waiver thereto nor shall any single or partial exercise of any right or remedy be construed as waiver of any other rights or remedies provided in this Contract. Such rights and remedies are cumulative and not exclusive of any rights or remedies provided by law.”

Item 2, Column 1, line 3: Delete the words “(the aggregate liability of the insurance shall be limited by twice the limit of indemnity caused by any one occurrence)”.

Item 2, Column 1, at the end of the paragraph, insert “The sum insured is for any one occurrence but unlimited as to the number of occurrences during the period of insurance.”



AMPLIFICATIONS TO CONDITIONS OF CONTRACT

Clause 1.0 – Contractor’s Obligations

A

B The Contractor shall consider all possible weather conditions and allow for foreseeable contingencies.

C

D

E

F

Clause 2.0 – Architect’s Instruction (‘AI’)

G

H

The following amplifications to the Conditions of Contract shall be read and construed with the PAM Contract 2006 (Without Quantities) as if they were incorporated therein.

In these amplifications, the term “Certificate of Compliance and Completion” shall include the term Certificate of Fitness for Occupation”, where applicable to the Works.

Where the temporary works are designed by the Architect or Consultant, the Contractor’s responsibility and liability for such temporary works shall be the same as other works designed by Architect or Consultant.

The Contractor shall fully acquaint himself with all Appropriate Authorities and Service Providers (where applicable) regulations or requirements which affect his work.

The Contractor shall be absolutely and solely responsible for the methods employed in carrying out the Works inside and outside the Site boundaries and for the safety and security of all temporary works and constructional plant. Any examination, comment, suggestion or approval by the Architect or Consultant shall not be interpreted as waiver of the Contractor’s obligations.

Unless otherwise stated in the contract or agreed by the Architect, the Contractor shall ensure that such written notice under Clause 1.4 shall reach the Architect not less than twenty one (21) days from the day on which is necessary for him to receive the Architect’s instruction in regard thereto.

Notwithstanding any checks carried out by the Architect and Consultants, the Contractor shall be responsible for and (unless the Architect shall otherwise instruct, in which, in which case the Contract Sum shall be adjusted accordingly) shall entirely at his own amend any errors arising from his failure or neglect to carry out checks and/or to notify the Architect of any discrepancy in or divergence between the Contract Documents which a reasonable check by a competent Contractor would have discovered.

The Contractor shall notify the Architect in advance of any work likely to be valued on a daywork basis. No Variation works are to be carried out on a daywork basis without the written approval of the Architect.

The Contractor shall forthwith comply with all AI requiring the Contractor to rectify, remove or prevent any matter including any work, goods or material) which compromises safety or endangers health or life and the Employer may (without prejudice to the Employer’s rights or remedies, or the Contractor’s obligations, under the Contract) employ and pay other Person to give effect to such AI if the Contractor fails to comply therewith within the time of compliance specified in the AI (whether or not the said time of compliance is more than seven (7) days from the receipt of the AI).



Clause 3.0 – Contract Documents, Programme and As-built Drawings

A For avoidance of doubt, Clause 3.2 refers to the “tender table documents’.

B The Contractor shall bear the cost of additional copies of documents required by him.

C

The Works Programme shall be in the following form:

D (i)

E (ii)

F (iii)

G (iv)

H (v)

I (vi) It shall be to the approval of the Architect.

J

K

L

AMPLIFICATIONS TO CONDITIONS OF CONTRACT (Cont'd)

Unless otherwise stated in the Contract or agreed by the Architect, the Contractor shall ensure that such application in writing under Clause 3.4 shall reach the Architect not less than twenty one (21) days from the day on which it is necessary for him to receive such further drawings, details, levels and other information.

Bar chart format set out on a stage by stage (i.e.. Floor by floor, block by block, in phases of the Works or other separately identifiable stage or section and operation basis in sequence. The operations must be separated to at least the level of detail of the separate trades, sub-contracts and work operations.

Works on the critical path, work which is the subject matter of Provisional or P.C. Sums and work by Nominated Sub-Contractors must be separately identified.

Major items of plant such as tower cranes, personnel and materials hoists, gondolas and the like must be separately identifies.

The programmed dates for the commencement and completion and the duration of each stage and operation must be given.

It shall be in sufficient detail to permit week-by-week precise comparison between the work as programmed and the actual progress of the Works, and shall show Practical Completion by the due date or earlier.

Unless otherwise provided in the Contract, the Works Programme shall not be amended expect after prior consultation with and approval of the Architect.

If the Works or any part thereof are delayed for any reason or that the progress of the Works does not conform to the current Works Programme (whether or not such revision of Works Programme was instructed by the Architect). Such revision Works Programme shall take into account the changed circumstances, event affecting the progress and/or effect thereof.

Notwithstanding the submission and approval of the Works Programme, the responsibility to complete the Works by the Completion Date shall firmly rest on the Contractor. The approval by the Architect shall not be a condition precedent to starting work.



A

B

Clause 4.0 – Statutory Obligations, Notices, Fees and Charges

C

D

E

F

Clause 5.0 – Levels and Setting Out of The Works

G

H

I


Clause 3.0 – Contract Documents, Programme and As-built Drawings (Cont'd)

The contractor shall submit to the Architect, together with the Works Programme, a written statement in amplification of the Works Programme explaining how he intended to undertake the Works including the logic of the Works Programme and the critical path.

A current copy of the Works Programme shall be available at the Site office at all times for inspection by all Persons concerned with the Works.

The Contractor shall arrange for and give all necessary notices, submit plans and obtain written permission to commence Works. The Contractor shall inform the Architect, and arrange with the Appropriate Authorities and/or Service Providers for inspection of the Works during commissioning and on completion.

The Contractor shall do everything necessary in respect of the Works such that approval or acceptance by the Appropriate and/or Service Providers can be obtained. Prior to practical completion the Contractor shall arrange for final inspection by all Appropriate Authorities and/or Service Providers which are required for any parts of the Works such inspection for Certificates of Compliance and Completion can be arranged. This shall include final inspection by Jabatan Perkhidmatan Bomba and Penyelamat Malaysia (BOMBA).

The Contractor shall do everything necessary and after practical completion, to assist the Employer and the relevant Consultants in arranging for the Certificate of Compliance and Completion to the issued, including (where applicable), signing and submitting the appropriate “Form G” (with reference to the Building By-laws and the Works) to the Architect and/or causing its sub-contractors to do the same.

Without prejudice to the generality of Clause 4.0, the contractor shall comply with all regulations of BOMBA and other Appropriate Authorities and/or Service Providers in respect of testing of all materials, goods and works. The Contractor shall allow in his programming of the Works for such testing (and any retesting as may be necessary) and shall pay all fees, charges and costs incurred.

The contractor shall accurately set out the Works. All critical co-ordinate points shall be marked in a manner that cannot be removed or in a manner that makes any subsequent movement immediately apparent.

The contractor shall provide surveying equipment and labour required for setting out the whole of the Works. Similar facilities shall be provided to the Architect for checking all setting out the levels.

The Contractor shall establish bench marks for the Site, which shall be tied up to an existing Government bench mark. Approval shall be obtained from the Architect before proceeding further.



A

B

C

D The Contractor shall accurately locate with appropriate markings the position of each column.

E

F

G

H

Clause 7.0 – Royalties and Intellectual Property Rights.

I


Clause 5.0 – Levels and Setting Out of The Works (Cont'd)

The Contractor shall check and confirm the actual boundaries of the Site (where they relate to this Contact) and agree same with the Appropriate Authorities. Permanent markers (of a type and at locations to be approved by the Architect) shall be placed indicating the actual confines of the Site.

The Contractor shall check and confirm dimensions, positions and levels of existing work completed by other contractors and submit two copies or certified survey drawings.

The Contractor shall engage approved licensed surveyors to perform all necessary work and pay for all fees and expenses.

The Contractor shall provide theodolites, levels and other instruments as necessary and shall provide attendance for the Architect to enable checking of the levels and the settings out of the Works throughout the Contract period.

Any assistance and/or approval given by the Architect in setting out will not relieve the Contractor of his responsibility to set out the Works accurately.

Clause 6.0 – materials, Goods and Workmanship to Conform to Description, Testing and Inspection

All the materials, goods and workmanship for the works shall be the BEST of their respective kinds and Malaysia. All materials, goods and workmanship are to conform to the latest Sirim Standards, British Standards or any other Standards approved by the Architect. The Standard applicable shall be the minimum quality acceptable

The Contractor shall be solely responsible for all defects in materials and goods or of workmanship, whether executed by his workmen, or by the workmen of his sub-contractors. Such errors or defects are to be remedied to the satisfaction of the Architect ay the contractor’s expense, unless otherwise instructed by the Architect.

In Clause 7.3 (and no other), the term “Government” includes “appropriate Authority”’ and term “works” includes “temporary works”.



Clause 9.0 – Access to the Works.

A All persons authorized by the Employer of Architect shall have access to the Site at all times.

B

Clause 10.0 – Site Staff

C

Clause 11.0 - Variation, Provisional and Prime Cost Sums

D

agreed between the parties, the Quantity Surveyor's valuation under Clause 11.6 shall be applied for allInterim Certificates under Clause 30.2.

the remeasurement works and the Contractors shall be given the opportunity to be present to take suchnotes and measurement as he may require.


Allow for providing safety helmets, safety boots, safety harness, other safety/protective clothing and equipment, passenger hoist (if applicable), ladders and scaffolding as required for the use of the Employer’s representative, Site Staff, Architect, Consultants, their representative or such authorised person or persons and to comply with relevant safety regulations or acts for the time being in force.

Provide sufficient number of full time site management and supervisory staff, having regard to the size and magnitude of the Works. The requirements (if any) as set in the Contract Documents shall be the minimum acceptable. If the Architect is in the opinion that the works, materials, workmanship and goods are not executed in accordance with the Contract, the Architect shall have the right to instruct the Contractor to increase the number of such site management or supervisory staff as the Architect deem necessary. The Contractor shall bear the extra cost for complying with such instructions.

The Contractor shall comply with the written notice and other requirements of Clause 11.7 in respect of anyclaim for change in rates and prices under Clause 11.6(a) and/or Clause 11.6(b); until such rate of price is

The Contractor shall provide the Quantity Surveyor with such assistance as may be necessary to carry out



Clause 15.0 – Practical Completion and Defects Liability

A Time is of major importance under this Contract and completion by the Completion Date is essential.

B

C

D

E

Clause 23.0 – Extension of Time

F

G


The Contractor shall ensure that all works are completed and handed over on time. Upon completion of the Works or any section thereof, the Contractor shall hand over the completed works or sections without obstructions.

The Contractor shall allow in the Contract Sum for all measures and contingencies required for the proper completion of the Works on time, including but limited to providing multiple gangs, standby task forces, adopting suitable construction techniques and equipment and overtime working.

The Contractors shall arrange to make good defects within a time and to the reasonable convenience of the Employer or the end-users of the completed Works. The contractor shall liaise with the Employer or the end-users of the completed works and give reasonable notice of the precise dates for access to the various parts of the Works for the purposes making good defects.

The works shall be considered to have achieved Practical Completion only after the Contractor has submitted the necessary maintenance and operation manuals, warranties, guarantees, test certificates and any other relevant documents required by the Contract Documents to signify that the Works have been completed in accordance with the Contract or which are necessary for the use, operation and maintenance of the Works.

Under Clause 23.8(b) “exceptionally inclement weather” is hereby defined as a condition of weather on any one day before the Completion Date which on past records, is shown to have accordance at any time during the particular calendar month within that day falls on average less frequently than once in five years. This shall be evaluated based on authenticated records over the preceding ten years for the calendar month within which that day falls.

As a condition precedent to the Architect considering any extension of time or in fixing a new Completion Date on the grounds of “exceptionally inclement weather”, the Contractor shall submit an application for extension of time in accordance with Clause 23.1 with copies of relevant published statistics from the nearest Meteorological Station (or other approved reliable source close to the location of the Works) and an analysis to show that the condition of weather falls within the definition above. This shall be provided at no charge to the Employer.



Clauses 11.7 and 24.0 – Loss And/or Expense

A

B

C (i)

D (ii)

E (iii)

F (iv)

G (v) Cost records including invoices and proof of payment.H (vi) Time sheets signed by the relevant personnel.I (vii) Authenticated site records.J (viii)

K (ix)

L

M


The Contractor shall submit at his own expense the complete particulars of his claim for additional expense and for loss and/or expense under the Contract (“loss and/or expense”). The Architect (or the Quantity Surveyor if instructed to evaluate the loss and/or expense by the Architect), shall be required to ascertain the amount of such loss and/or expense only upon submission of this complete particulars of the claim, If the documents submitted are not complete at the end of this period the Architect (or the Quantity Surveyor if instructed to evaluated the loss and/or expense by the Architect0 may evaluate the quantum of such loss and/or expense on the basis of the documents as submitted or otherwise available to him at that time.

Where the loss and/or expense is being incurred on an ongoing basis it shall be treated exactly the same way expect that the Contactor’s complete particulars of his claim must be submitted on an monthly basis. Each submission shall be treated as a separate submission of the completed particulars of claim. Each submission shall cover all the loss and/or expense incurred over a period of one month which shall be submitted no later than one month after the end of the period so covered.

The complete particulars of claim to be prepared by the Contractor must have documentation to fully substantiate all loss and/or expense incurred (including that incurred and claimed on behalf of sub-contractors and suppliers) including, inter alia

Details of all delaying events and circumstances causing the loss and/or expense with reference to the Conditions of Contract which give the right to reimbursement.

Copies of application/notices given and other conditions which must be complied with by the contractor prior to ascertainment.

Proposed and actual programme showing when the events or circumstances occurred and clearly showing their effect on regular progress.

A concise written explanation of how the events or circumstances materially affected regular progress and how the loss and/or expense resulted therefrom.

Details of mitigating action to reduce or eliminate any direct loss and/or expense which would have been incurred.

All other documents and details necessary to substantiate the direct loss and/or expense claimed.

Notwithstanding any requests for additional details from the Architect or Quantity Surveyor, it is the responsibility of the Contractor to identify and present all the necessary documentation to substantiate his claim including keeping such contemporary records as are reasonably necessary. Individual events and circumstances must be separately identify and linked with the direct loss and/or expense resulting from each

The right of access of the Architect and Quantity Surveyor to such books, documents, reports, papers or records under Clause 11.8 and Clause 24.2 does not relieve the Contractor of his obligation to submit the complete particulars of his claim for additional expense, and or loss and/or expense.



Clause 25.0 – Determination of Contractor’s Employment by Employer

A In Clause 25.3, the term “insolvent” shall include the term “bankrupt” where applicable.

Clause 26.20 – Determination of Own Employment by Contractor

B In Clause 26.3, the term “insolvent” shall include the term “bankrupt” where applicable.

Clause 27.0 – Nominated Sub-Contractors

C

Clause 30.0 – Certificates and Payment

D (i)

E (ii)

F (iii)

G (iv)

H (v)

I (vi)

J (vii)


In the event the Contractor’s tender for any work which is the subject of a Prime cost Sum included in the Contract Bills is accepted pursuant to Clause 27.14 of the Conditions of Contract, such tender shall be held to include the profit and attendance charges, and the Contractor shall not be entitled to the separate profit and attendance charges sated in the Contract Bills. Such profit and attendance charges stated in the Contract Bills shall be deducted from the Contract Sum.

Further to Clause 30.1, details and particulars submitted by the Contractor shall comprise a detailed account of the mount claimed to be due in the Interim Certificate including but not limited to :

Detailed schedules of the work properly executed, giving cross-referenced descriptions and the percentage or quantity of each item carried out.

Schedule of Variation and other adjustments to the Contract Sum with detailed build-ups.

Schedules of material and goods delivered to or adjacent to the works, which remain unfixed, and which the Contractor is claiming payment for. Such schedules shall set out the total quantity of materials or goods delivered to or adjacent to the Works, the total supply cost for those materials or goods, the quantity remaining unfixed and the pro-rata cost of supply for the portion which remains unfixed. Invoices and delivery orders to substantiate the sums claimed must be submitted.

A statement from each of the Nominated sub-Contractors and Nominated Suppliers setting out the gross amount claimed with a detailed build up and the amounts received from the contractor to date.

Proof of payment to Nominated Sub-contractors and Nominated Suppliers in respect of previous Interim Certificates.

Schedules of work completed and materials and goods supplied by Nominated Sub-Contractors and Nominated Suppliers in the form described in (i), (ii) and (iii) above.

Such other details, information, breakdowns or substantiation as may be requested by the Quantity Surveyor



A

B

C

D In Clause 30.6(a), the stakeholder shall be any one of the following:(i) a law firm registered with the Bar Council of Malaysia,(ii) an institutional trustee, or(iii) a Person mutually agreed by the parties.

E

F

G

H

Clause 37.0 – Performance Bond

I

J


Clause 30.0 – Certificates and Payment (Cont'd)

Materials and goods delivered to or adjacent to the works and intended for temporary works, such as formwork, will not be included in Interim Certificates.

No interest will be paid by the Employer on any sums of money retained by him nor on any sums of money claimed by the Contractor on account of extra works.

Notwithstanding the Employer’s right of set off under Clause 30.4, the contractors’ obligation and liabilities under the contract shall not be reduced.

the monies in the escrow account 9and payment out of the escrow account) shall be deemed to be at the demanding party’s risk. Interest receivable on the monies in the escrow account, if any, shall accrue to the Employer.

Provided always that the supervision (or suspension thereof) stated in Clause 30.8 shall not relieve the Contractor of his obligations under the Contract.

For avoidance of doubt, Clause 30.10(c) shall apply to matters in connection to the Final Account or Clause 30.11.

For avoidance of doubt, the Contractor shall at no additional cost to the Employer provide to the Quantity Surveyor such assistance, documents, records and details which the Contractor is required to provide the Architect under Clause 30.0 for the purposes of valuation of work.

the Performance Bond shall be in the form included in the Appendices to the Contract, or as otherwise approved by the Employer.

For avoidance of doubt, the Employer may retain such sums deducted under Clause 37.4 until such time that a Performance Bond for the remaining period is provided or the Performance Bond is no longer required by the provisions of the Contract.



SUPPLEMENTARY CLAUSES

SUPPLEMENTARY CLAUSE S1.0 - TAXATION

A S1.1

B S1.2

C S1.3

SUPPLEMENTARY CLAUSE S2.0 - WORKS DESIGNED BY THE CONTRACTOR

S2.1 Contractor’s Design Responsibility

D S2.1.1

E S2.1.1 (a)

F S2.1.1 (b)

G S2.1.1 (c)

The Contractor shall pay all Malaysian taxes on such part of his profit in the respect of this Contract as is taxable under the Laws for the time being in force. The Contract Sum shall be deemed to include for payment for all taxes by the Contractor in whatever manner stipulated by the relevant laws.

The Contractor’s employees shall similarly pay Malaysian Income Tax in respect of their salaries and other emoluments as are taxable under the Laws for the time being in force, and the Contractor shall perform such duties in regard to the deduction thereof as may be lawfully imposed on him by the Government.

The Employer shall be entitled to withhold and/or remit to the Department of Inland Revenue the amounts which the Contractor is liable to pay to the Government under the Withholding Tax Legislation, Income Tax Act or any other Law for the time being in force, from any payment due or which may become due to the Contractor. No interest will be paid by the Employer on such amounts withheld and remitted to the Department of Inland Revenue in respect of the Withholding Tax Legislation or other Income Tax Act.

Where the Contract expressly provides that any part of the Works shall be designed by the Contractor (or ant sub-Contractors or suppliers) or is included in any Contractor’s Design Portion then the following shall apply.

The Contractor shall be fully responsible for such design and to ensure its compliance with the requirements set out the Contract Documents (hereinafter referred to as the “Employer’s Requirements”), including any Variation thereto.

The Contractor warrants that’s such design for the Works, and that any parts of the works so designed, shall be fit for the Employer’s purpose(s). Without prejudice to the aforesaid the Contractor shall in addition exercise all reasonable skill, care and diligence in carrying out his obligations and shall be fully responsible for the suitability, adequacy, integrity, durability and practicability of the design.

The Contractor shall complete such design in accordance with all directions given by the Architect for the purpose of integrating such design with the design for the rest of the Works.



A S2.1.1 (d)

B S2.1.1 (e)

C S2.1.1 (f)

D S2.1.1 (g)

E S2.1.1 (h)

F S2.1.2

G S2.1.3

SUPPLEMENTARY CLAUSES (Cont'd)

SUPPLEMENTARY CLAUSE S2.0 - WORKS DESIGNED BY THE CONTRACTOR (Cont'd)

S2.1 Contractor’s Design Responsibility (Cont'd)

The Contractor’s design shall be complete in all aspects such that it fully complies with any written law applicable to the territories of Malaysia in which the Works are carried out, the Malaysian Uniform Building By-Laws and the regulations or byelaws of any Appropriate Authority or Service Provider who have jurisdiction with regard to the Works or with whose systems the same are or will be connected.

The Contractor shall undertake to pay all costs incurred in remedying any defects that may arise due to failure in his design to the complete satisfaction of the Architect and of the Appropriate Authorities and Service Providers who have jurisdiction with regard to the Works.

The Contractor shall indemnify the Architect and other consultants (who will be submitting plans for building approvals on his behalf) for any claims including, inter alia, infringement of copyright, professional negligence and building failure and will be required to provide the Architect and other consultants with an approved back-to-back indemnity to this effect. Where the design is being carried out by sub-contractors or suppliers the indemnity shall be given jointly and severally by the Contractor and the relevant sub-contractors or suppliers.

The Contractor is required to provide the Employer with a performance guarantee for the works so designed by the Contractor for a minimum period of ten (10) years from the date of Practical Completion. The performance guarantee shall be in the form included in the Contract or as otherwise approved by the Architect. Where the design is being carried out by sub-contractors or suppliers the performance guarantee shall be given jointly and severally by the Contractor and the relevant sub-contractors or suppliers.

If requested by the Employer, the Contractor shall obtain from all his professional consultants written indemnities for the adequacy and suitability of the designs. The indemnities shall be issued by the Contractor’s professional consultants in favour of the Employer.

Any references to the design which the Contractor has prepared or shall prepare or issue for the Works shall include a reference to any design which the contractor has caused or shall caused to be prepared or issued by others (including that by sub-contractors and suppliers).

For the avoidance of doubt, any references to the Works shall be deemed to include the Contractor’s responsibility for design in accordance with this Clause S2.0 and the Contract Sum shall allow for all costs in connection therewith.



S2.2 Submission of Documents Prior to Commencement

A S2.2.1

B S2.2.1 (a)

C S2.2.1 (b)

D S2.2.2

E S2.2.2 (a) give notice of his approval in writing, orF S2.2.2 (b)

G S2.2.2 (c)

H S2.2.3

I S2.2.4

J S2.2.4 (a)

K S2.2.4 (b)



In respect of any part of the Works designed by the Contractor, the Contractor shall not proceed with the execution of the same until he has submitted to the Architect four sets of such drawings, specifications, manuals, calculations and other information:

as shall be necessary to demonstrate the suitability, adequacy, integrity, durability and practicability of such design, and

as otherwise required by the Contract Documents, and the Architect has issued his approval (including conditional approval) on writing of such design.

Within 21 days of receipt of the information described in S2.2.1 the Architect shall do one of the following:

give notice of his non-approval in writing together with the reasons for withholding approval, or

give notice of conditional approval (where there are minor discrepancies or deviations that can be overcome during the physical execution of the Works) together with one copy of the relevant documents noting the discrepancies and/or deviations or a separate written summary of the discrepancies and/or deviations.

If the Architect gives notice of his non-approval in accordance with Clause S2.2.2 (b) then the Contractor shall re-submit in accordance with Clause S2.2.1 amended or alternative information as necessary which shall be subject to the Architect’s reconsideration in accordance with Clause S2.2.2.

If the Architect gives notice of conditional approval in accordance with Clause S2.2.2(c) then the Contractor may:

proceed with the execution of the work taking into account the Architect’s comments while at the same time re-submitting to the Architect the relevant information amended as necessary, or

re-submit amended or alternative information as necessary which shall then be subject to the Architect’s reconsideration in accordance with Clause S2.2.2.



A S2.2.5

B S2.2.6

C S2.2.7

D S2.2.8

E S2.2.9

F S2.2.10

G S2.2.11



S2.2 Submission of Documents Prior to Commencement (Cont'd)

The Architect shall have the right to require the Contractor to make any changes to the drawings and other information submitted which may be necessary in the opinion of the Architect to ensure that the Works comply fully with intent of the Contract.

If the Contractor considers that any changes required by the Architect in a notice of non-approval or in a notice of conditional approval constitute Variations then he shall inform the Architect in writing within seven (7) days of receipt of such notice, failing which any such changes shall be deemed not to constitute a Variation

The Contractor shall not deviate from his submission once accepted unless approved in writing by the Architect.

Any work done before the approval of the drawings and information shall be at the Contractor’s risk and any necessary design changes to comply with the requirements and objectives of the Contract Documents shall be made with no adjustment to the Contract Sum or adjustment to the time for completion under the Contract.

No approval or other action by the Architect shall relieve or in any way limit the responsibility of the Contractor under Clause S2.1. For the avoidance of doubt the Contractor shall be responsible for any discrepancies, errors or omissions on the drawings and other information supplied by him notwithstanding approval (or non approval or any other action by the Architect.

Any approval or other action by the Architect shall not be taken to mean that such approval or other action will supersede the approvals that are required to be obtained from the relevant Appropriate Authority and Service Provider.

It is an express condition of this Contract that all information is to be provided by the Contractor at the earliest date possible to avoid delay in the Works. Particular regard shall be made to submissions to and approvals by the Architect, Appropriate Authorities, Service Providers and others with jurisdiction over the Works.



S2.3 Submission of Documents

A S2.3.1

B S2.3.1 (a) drawings describing the Works as-built, and

C S2.3.1 (b)

D S2.3.2

S2.4 Amendments and Modifications to Approved Design

E S2.4.1

S2.5 Variation

F S2.5.1

G S2.5.2



For any part of the Works designed by the Contractor, the Contractor shall submit for acceptance of the Architect:

operation and maintenance manuals in sufficient detail to enable the Employer to operate, maintain, dismantle, reassemble and adjust the Works incorporating such design.

Unless otherwise specified the Contractor shall submit three sets of all as-built drawings, one set of negatives and one set of reduced sixe drawings and three sets of operation and maintenance manuals.

The Architect may instruct the Contractor at any time before, during or after the execution or completion of the Works to amend or modify the design provided by the Contactor in respect of any deficiency of any kind or nature discovered by the Architect and to carry out such work as necessary to give effect to such amended or modified design in accordance with the AI. All work necessary (including re-design work) required as a result of such an instruction and their costs or damages for delay to the completion of the Works shall be the entire responsibility of and shall be borne by the Contractor.

For the avoidance of doubt the Architect may instruct Variations in respect of Contractor designed works to the same extent as for other works by way of changes to the Employer’s Requirements.

The rates and prices set out in the Contract Documents in respect of the Contractor designed works shall determine the valuation of such Variations where the work is of similar charter executed under similar conditions. Where work is not of similar character and/or not executed under similar conditions the rates and prices shall, as far as reasonable, be the basis of valuation which shall include a fair allowance for the difference in chartered and/or conditions, failing which a fair valuation shall be made.



A S2.6.1

B S2.6.2

C S2.6.3

D S2.6.4

E S2.6.5



S2.6 Employer’s Exclusive Use of Documents, Designs, Calculations, Etc and Engagement of other Design Consultants and Fees Payable upon Determination

Without prejudice to the other rights and remedies of the Employer under the Contract, upon the determination of the employment of the Contractor by the Employer or by the Contractor himself, the Employer shall be entitled to the exclusive use of all drawings, specifications, designs, details, descriptions, calculations and other information provided by the Contractor for the carrying out and completion of the Works or for any publicity, promotion, sale, leasing or other dealings of or concerning the Works. Such right shall include the right to use, reproduce, adapt, amend and/or modify such drawings, specifications, designs, details, descriptions, calculations and other information.

The Employer may exercise such right either on its own or by engaging the Contractor’s own design consultants or other persons. For the avoidance of doubt, nothing in this Contract shall prevent the Employer from engaging the Contractor’s design consultants to continue with the design of the Works and to act as the qualified person (submission consultant) for the Works upon the determination of the Contractor’s employment.

The Contractor shall not be entitled and shall be deemed to have waived all rights and claims for any payment, reimbursement or compensation for such rights or use by the Employer.

Within 14 Days of the determination of the Contractor’s employment, the Contractor shall hand over to the Architect all information, drawings, specifications, designs, details, descriptions and calculation prepared and/or competed up to date of determination notwithstanding ant dispute whatsoever between the Employer, or the Architect on his behalf, and the Contractor arising out of or in connection with this Contract.

The Employer shall pay to the Contractor the design fees based on the total value of the actual design work of the relevant design stages properly carried out before and up to the date of determination within 30 days after the submission of all information, drawings, specification, designs, details, descriptions and calculations by the Contractor to the Architect, whichever is the later.



A S3.1 (a)

B S3.1 (b)

C S3.1 (c)

D S3.2

E S3.3

F S3.3 (a)

G S3.3 (b)


SUPPLEMENTARY CLAUSE S3.0 - DESIGNATED SUB-CONTRACTOR AND DESIGNATED SUPPLIER

The Employer may require the execution of any design (if any is required under the Contract) and works (‘Designated Sub-contract Work’), or the supply of any materials and goods (‘Designated Supply’) to be carried out by a Designated Sub-Contractor or Designated Supplier named by the Employer in the Tender Documents but employed by and under the control of the Contactor on the terms and conditions set out in clause S3.4

The Architect shall have the power to issue as AI that the execution of any design (if any is required under the Contract), or supply of any materials and goods which are subject to a Prime Cost Sum or Provisional Sum be carried out by a Designated Sub-Contractor or Designated Supplier named by the Employer but employed by and under the control of the Contractor on the terms and conditions set out in Clause S3.4. In the events of such AI is issued under Clause S3.1(b), the execution of design (if any) and works, or supply of materials and goods, shall be deemed to be execution of design (if any0 and works or supply of material and goods tendered by the Contractor under Clause 27.14.

The Contractor is entitled to the percentage mark up stated in the Contract Documents, for each of the sub-contract or supply contract undertaken by the Designated Sub-Contractor or Designated Supplier.

The Contractor shall be fully responsible for the design (if any) work, materials and goods or any part thereof, of any Designated Sub-Contractor or Designated Supplier in the same manner as if the design 9if any0 and work has been carried out or the materials and goods had been supplied by himself. The Contractor shall be fully responsible for ensuring that the Designated Sub-Contractors and/or Designated Suppliers are fully aware of, and conform with the terms and conditions of the Contract. The Employer shall in no circumstances be liable to the Contractor for the default of any Designated sub-Contractor or Designated Supplier.

Unless the Designated Sub-Contractor and/or Designated Supplier is named in the Tender Documents, the Contractor shall not be required to enter into a sub-contract with any Designated sub-Contractor or Designated Supplier.

against whom the contractor has made a reasonable objection based on available known facts and documented evidence that the financial standing or solvency or technical competence of the Designated Sub-Contractor or Designated Supplier is such that a prudent contractor, having regard to the scope of sub-contract works or supply contact would be justified in refusing to enter into a sub-contract or supply contract with that part; or

who shall decline to enter into a sub-contract with the Contractor containing the provisions set out in Clause S3.4.



A S3.4

B S3.4 (a)

C S3.4 (b)

D S3.4 (c)

E S3.4 (d)

F S3.4 (e)


SUPPLEMENTARY CLAUSE S3.0 - DESIGNATED SUB-CONTRACTOR AND DESIGNATED SUPPLIER (Cont'd)

Unless otherwise agreed between the Contractor and his designated Sub-Contractor, or Designated Supplier as the case may be, such Designated Sub-Contract or Designated Supply Contract shall be based on the standard dorm of the Model Terms of Construction Contract for Subcontract Work published by the Contraction Industry Development Board Malaysia (Edition September 2006), and shall provide that

in respect of the design (if any) and works or materials and goods or any part thereof the subject of the sub-contract the Designated Sub-Contractor or Designated Supplier will undertake towards the Contractor the like obligations and liabilities as are imposed upon the Contractor towards the Employer by the terms of claims, demands, proceedings, damages, costs, charges and expenses whatsoever arising out of or in connection therewith, or rising out of or ion connection with any failure to perform such obligations, or it fulfil such liabilities; and

the Designated Sub-Contractor or Designated Supplier will save harmless and indemnify the Contractor from and against and negligence by the Designated Sub-Contractor or Designated Supplier, his agents, workmen and servants and from and against any misuse by him or them of any Contractors plant or temporary works provided by the contractor for the purpose of the Contract and from all claims as aforesaid; and

payment shall be made to the Designated Sub-Contractor or Designated Suppler by the Contractor within twenty eighty (28) Days of his receipt of the Architect’s Certificate under Clause 30 which includes the value of work executed or materials and goods supplied by the Designated Sub-Contractor or Designated Supplier.

Subject to Clause S3.4 (a) to (c) above, the sub-contract or supply contract may include such terms agreed between the contractor and Designated Sub-Contractor and/or Designated Supplier prior to the appointment of the Designated Sub-Contractor and/or Designated supplier bur the Employer must be notified in writing of such agreed terms.

In the event that the Employer shall call for quotation or tender for works or supply pursuant to Clause S3.1 after the appointment of the Contractor, the Employer may call such form of sub-contract must comply with the Clauses S3.4 (a) to S3.4 (c).



A S3.5

B S3.5 (a)

C S3.5 (b) himself undertake to complete the sub-contract or supply contract

SUPPLEMENTARY CLAUSE S4.0 - SCHEDULE OF FIXED RATES

D S4.1

SUPPLEMENTARY CLAUSE S5.0 - SAFETY, HEALTH, WELFARE AND ENVIRONMENT

E S5.1

F S5.2

G S5.3

H S5.4

I S5.5


SUPPLEMENTARY CLAUSE S3.0 - DESIGNATED SUB-CONTRACTOR AND DESIGNATED SUPPLIER (Cont'd)

In the event of repudiation or abandonment of any sub-contract by Designated Sub-Contractors or Designated Supplier, or the determination of the employment of the Designated Sub-Contractor or Designated Supplier for any reason whatsoever under the sub-contract, the Contractor shall do one of the following:-

with the consent of the Architect pursuant to Clause 17.0 [Assignment and Sub-Contracting] employ another competent sub-contractor or supplier to complete the sub-contract; or

Provided always that the Contractor shall bear any and all costs and expenses incurred for any re-tendering and award process, and that the Contractor shall not be entitled to make any claim for extension of time or to make any claim for loss/or expenses; and that no extension to time for any delay nor loss and/or expense arising thereform or incidental thereto shall be granted and paid to the Contractor.

Where the Contract Bills include a Schedule of fixed Rates, the rates and prices for such work or item of work included in the Schedule of fixed rates shall not be adjusted notwithstanding any significant change in quantity of the work or item of work carried out or re-measured under Clause 11.6.

Without prejudice to the generality of Clause 4.0, the Contractor ( including the Contractor's sub-contractors, nominated or otherwise) shall comply with all safety, health, welfare and environmental legislations and regulations in connection with the execution of the Works and all temporary works.

The Contractor shall comply with all relevant standards and code of practice relating to safety and methods of construction, and shall implement construction site safety procedures. Such safety procedured and methods of construction are to conform to the latest Malaysian Standards or any other Standards approved by the Architect or Consultant. The Standard applicable shall be the minimum criterion acceptable.

The Contractor shall, whenever required by the Architect, submit details of the arrangements and methods of construction which the Contractor proposes to adopt for the execution of the Works. No significant alteration of these arrangements and methods shall be made without this having previously been notified to the Architect.

No hazardous operations ( including demolition operations) shall be undertaken unless under the immediate supervision of a competent employee of the Contractor with adequate experience of the type of work.

Construction site safety is of major importance in this Contract, and the Contractor's compliance with Clauses S5.1 and S5.2 is essential.



ACKNOWLEDGEMENT OF AMENDMENTS, AMPLICATIONS AND SUPPLEMENTARY CLAUSES

Signature of Employer :

Name in Block Letters:

In the Capacity of :

(Name of Company in Block Letters)

Signature of Contractor :

Name in Block Letters:

In the Capacity of :

(Name of Company in Block Letters)

These amendments, amplications and supplementary clauses to the Agreement and Conditions of PAM Contract 2006 (Without Quantities) from page AM/1 to AM/27 are and shall be read and construed as part of the said Agreement and Conditions of PAM Contract 2006.

Duly authorised to sign Agreement for and on behalf of

Duly authorised to sign Agreement for and on behalf of

05 Addedum to PAM 2006(Without Quantities).xlsx

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