Conditions of Contract PAM v1998

CONDITIONS OF CONTRACT
1 CONTRACTORS OBLIGATIONS
2 ARCHITECTS INSTRUCTIONS
3 CONTRACT DOCUMENTS
4 STATUTORY OBLIGATIONS, NOTICES, FEES AND CHARGES
5 LEVELS AND SETTING OUT OF THE WORKS
6 MATERIALS, GOODS AND WORKMANSHIP TO CONFORM TO DESCRIPTION, TESTING AND INSPECTION
ROYALTIES AND PATENT RIGHTS
! SITE AGENT
" ACCESS FOR ARCHITECT TO THE WORKS
1# SITE STAFF
11 VARIATIONS, PROVISIONAL AND PRIME COST SUMS
12 $UALITY AND $UANTITY OF THE WORKS
13 CONTRACT SUM
14 MATERIALS AND GOODS UNFI%ED OR OFF&SITE
15 PRACTICAL COMPLETION AND DEFECTS LIABILITY
16 PARTIAL POSSESSION BY EMPLOYER
1 ASSIGNMENT OF SUB&LETTING
1! IN'URY TO PERSONS OR PROPERTY AND EMPLOYERS INDEMNITY
1" INSURANCE AGAINST IN'URY TO PERSONS AND PROPERTY
2# INSURANCE OF WORKS AGAINST FIRE, ETC
21 DATE OF COMMENCEMENT, DATES OF COMMENCEMENT GIVEN FOR SECTIONS, POSTPONEMENT AND COMPLETION DATE
22 DAMAGE FOR NON&COMPLETION
23 E%TENSION OF TIME
24 LOSS AND(OR E%PENSE CAUSED BY DISTURBANCE OF REGULAR PROGRESS OF WORKS
25 DETERMINATION BY EMPLOYER
26 DETERMINATION BY CONTRACTOR
2 NOMINATED SUB&CONTRACTORS
2! NOMINATED SUPPLIERS
2" ARTISTS AND TRADESMEN
3# CERTIFICATES AND PAYMENT
31 OUTBREAK OF HOSTILITIES
32 WAR DAMAGE
33 ANTI$UITIES
34 ARBITRATION
35 MEDIATION
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! SITE AGENT
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13 CONTRACT SUM
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IV P+/495. 102 :+4+=9: W023
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II E
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3#)#2 I66*9 01 I5.92-4 C92.-1-;+.96
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3#)#5 R*,96 R9=+2:-5= R9.95.-05 F*5:
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III R9,9+69 01 O59 M0-9./ 01 R9.95.-05 F*5:
IV R9,9+69 01 S9;05: M0-9./ 01 R9.95.-05 F*5:
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II C048*.+.-05 01 C05.2+;. S*4
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I P+/495. 296*,.-5= 1204 D9.924-5+.-05
32 WAR DAMAGE
32)#1 P20;9:*296 10,,0?-5= W+2 D+4+=9 .0 W0236, M+.92-+,6 +5: G00:6
32)#2 A2;7-.9;.6 I56.2*;.-056 +1.92 O;;*2295;9 01 W+2 D+4+=9
32)#3 E48,0/926 E5.-.,9495. .0 C048956+.-05 -5 R9689;. 01 W+2 D+4+=9
32)#4 D91-5-.-05 01 W+2 D+4+=9
33 ANTI$UITIES
33)#1 A5.-@*-.-96 ETC 10*5: .0 >9 P20892./ 01 E48,0/92
33)#2 C05.2+;.026 L066 +5:(02 EA89569 -5 C048,-+5;9 ?-.7 A2;7-.9;.6 I56.2*;.-056
33)#3 C05.2+;.02 .0 6*>4-. 59;966+2/ D9.+-,6
34 ARBITRATION
34)#1 D-68*.96 02 D-119295;96 .0 >9 2919229: .0 A2>-.2+.-05
34)#2 P20;9:*296 102 A880-5.495. 01 A2>-.2+.02
34)#3 EA P+2.9 H9+2-5=
34)#4 P0?926 01 A2>-.2+.02
34)#5 O895-5= 01 A2>-.2+.-05 820;99:-5=
34)#6 A2>-.2+.026 A?+2: .0 >9 1-5+, +5: >-5:-5= 05 P+2.-96
35 MEDIATION
35)#1 M9:-+.-05 *5:92 PAM R*,96
35)#2 P2-02 R919295;9 .0 M9:-+.-05 :096 50. P29D*:-;9 .79 P+2.-96 R-=7.6 .0 A2>-.2+.-05
1)#1 $*+,-./ 01 W0234+567-8, M+.92-+,6 +5: G00:6
The Contractor shall upon and subject to the Conditions carry out and complete the Works (including all necessary ancillary works) in
accordance with the Contract Drawings and described by or referred to in the Specification and in these Conditions and, in compliance
therewith proide materials, goods and standards of workmanship of the !uality and standard therein specified in eery respect to the
reasonable satisfaction of the "rchitect# The Contractor shall be fully responsible for the ade!uacy, stability and safety of all site operations
and methods of construction#
1)#2 D-6;298+5;/ 02 D-<92=95;9 >9.?995 C05.2+;. D0;*495.6
$f the Contractor finds any discrepancy in or diergence between the Contract Drawings and%or the Specification he shall immediately gie to
the "rchitect a written notice specifying the discrepancy or diergence and the "rchitect shall issue instructions in regard thereto# Such
discrepancy shall not itiate this Contract#
2)#1 C05.2+;.02 .0 C048,/ ?-.7 A2;7-.9;.6 I56.2*;.-056
The Contractor shall (subject to Clauses &#'( and &#')) forthwith comply with all instructions issued to him by the "rchitect in writing in
regard to any matter in respect of which the "rchitect is e*pressly empowered by these Conditions to issue instructions#
2)#2 F+-,*29 01 C05.2+;.02 .0 C048,/ ?-.7 A2;7-.9;.6 I56.2*;.-056
$f within seen (+) days upon receipt of the "rchitect,s instruction in writing, the Contractor does not comply therewith then the -mployer
may employ and pay other persons to e*ecute any work which may be necessary to gie effect to such instruction# "ny additional costs
incurred in this connection shall be recoerable from the Contractor by the -mployer as a debt or may be deducted by him from any monies
due or to become due to the Contractor under this Contract#
2)#3 A2;7-.9;.6 P0?92 .0 I66*9 I56.2*;.-056
.pon receipt of what purports to be an instruction from the "rchitect, the Contractor may re!uest the "rchitect to specify in writing the
proision in these Conditions which empowers the issue of the said instruction# The "rchitect shall forthwith comply with such a re!uest#
2)#4 C048,-+5;9 ?-.7 A2;7-.9;.6 I56.2*;.-056
$f the Contractor thereafter does comply with the said instruction (where neither party, before such compliance, had gien the other party a
written re!uest to concur on the appointment of an "rbitrator under Clause (/ of these Conditions in order that it may decide whether the
proision specified by the "rchitect empowers the issue of the said instruction) then the issue of the said instruction shall be deemed for all
purposes of this Contract to hae been empowered by the proision of the Condition specified by the "rchitect in answer to the Contractor,s
re!uest#
2)#5 I56.2*;.-056 .0 >9 -5 W2-.-5=
"ll instructions issued by the "rchitect shall be in writing# $f the "rchitect issues an instruction otherwise than in writing it shall hae no
immediate effect, but shall be confirmed in writing by the Contractor to the "rchitect within seen (+) days# $f within seen (+) days upon
receipt of the Contractor,s confirmation, the "rchitect does not dissent to it in writing, then the Contractor,s confirmation shall be deemed to
be an "rchitect,s instruction# The said instruction shall hae taken effect on the date when the Contractor,s confirmation was issued#
I A2;7-.9;.6 I56.2*;.-056 50. =-<95 -5 W2-.-5=
0roided always that if the "rchitect within seen (+) days of giing instruction otherwise than in writing himself confirm the same in
writing, then the Contractor shall not be obliged to confirm in writing and the instruction shall take effect as from the date of the
"rchitect,s confirmation1 or
II C048,/-5= ?-.7 A2;7-.9;.6 I56.2*;.-056 50. =-<95 -5 W2-.-5=
$f neither the "rchitect nor Contractor confirm such instruction in the manner and at the time aforesaid but the Contractor
neertheless does comply with the same, then the "rchitect may confirm the same in writing at any time prior to the issue of the
2inal Certificate, and the said instruction shall be deemed to hae taken effect on the date when it was issued otherwise than in
writing by the "rchitect#
2)#6 S92<-;96 01 N0.-;96 +5: A2;7-.9;.6 I56.2*;.-056
Within fourteen (3/) of the issue of the 4etter of "cceptance, the Contractor shall notify the "rchitect in writing of an address where notices,
"rchitect,s $nstructions and other documents may be sered upon him# $f the Contractor fails to so notify the "rchitect of such an address or
any change of address, notices, "rchitect,s $nstructions and other documents shall be deemed to be sered upon the Contractor if sent by
registered post or recorded deliery to his address stated in this Contract, or it left at his office on the site and an acknowledgement of
receipt is obtained from the Contractor,s site agent#
3)#1 C05.2+;. D0;*495.6 +5: T79-2 C*6.0:/
The Contract Drawings, Specification, Descriptie Schedules, the Schedules of 5ates, 2orm of Tender, 4etter of "cceptance, Summary of
Tender, "rticles of "greement, Conditions of Contract and the "ppendi* are referred to collectiely as the Contract Documents and shall
remain in the custody of the "rchitect so as to be aailable at all reasonable times for inspection by the -mployer or the Contractor
wheneer so re!uired#
3)#2 C08-96 01 D0;*495.6
$mmediately after the e*ecution of this Contract the "rchitect without charge to the Contractor shall proide him (unless he had been
preiously so proided) with6
$ one copy certified on behalf of the -mployer of the Contract Documents#
$$ two copies of the Contract Drawings#
$$$ two copies of the Specification#
3)#3 F*2.792 D2+?-5=6 02 D9.+-,6
2rom time to time as may be necessary the "rchitect, without charge to the Contractor, shall furnish him with two copies of
further drawings or details as are reasonably necessary either to e*plain and amplify the Contract Drawings or to enable the
Contractor to complete the Works in accordance with these Conditions# 0roided always that the Contractor shall gie
ade!uate notice in writing to the "rchitect of his re!uirement of further drawings or details#
3)#4 C05.2+;.02 .0 P20<-:9 W0236 P20=2+449
Within fourteen (3/) days upon issue of the 4etter of "cceptance, the Contractor, without charge to the -mployer, shall proide
the "rchitect with two copies of the Works 0rogramme for the e*ecution of the Works#
3)#5 W023 P20=2+449 50. P+2. 02 I5;02802+.9: -5.0 C05.2+;. D0;*495.
The Works 0rogramme, whether re!uired or not by the Conditions of Tender or the Contract Documents, shall not constitute
any part of and is not to be incorporated into the Contract Documents#
3)#6 C05.2+;.02 50. 29,-9<9: 01 O>,-=+.-056 02 R968056->-,-.-96
The Submission to and approal by the "rchitect of such Works 0rogramme shall not reliee the Contractor of his obligations or
responsibilities under the Contract#
3)# A<+-,+>-,-./ 01 D0;*495.6
The Contractor shall keep one copy of the Documents referred to in Clauses (#'&, (#'( and (#'/ on the site so as to be
aailable to the "rchitect and%or his authori7ed representatie at all reasonable times for his inspection and use#
3)#! R9.*25 01 D0;*495.6
.pon final payment under Clause ('#'+ of these Conditions, the Contractor shall, if so re!uested by the "rchitect, forthwith
return to him all Contract Documents which bear the name of the "rchitect#
3)#" L-4-.+.-05 01 U69 01 D0;*495.6
8one of the Contract Documents mentioned in Clause (#'3 shall be used by the Contractor for any purpose other than this
Contract# 8either the -mployer nor the "rchitect and%or his authori7ed representatie shall diulge or use, e*cept for the
purpose of this Contract, any of the rates in the Schedule of 5ates#
3)1# A6&B*-,. D2+?-5=6
Within three (() months from the commencement of the Defects 4iability 0eriod, the Contractor shall without further charge to the -mployer
supply for the retention and use of the -mployer, two copies oof such drawings and information describing the Works as9built and
concerning the maintenance and operation of the Works, including any installation comprised in the Works, as may be re!uired by the
Contract Documents#
4)#1 S.+.*.02/ R9@*-29495.6
The Contractor shall comply with and gie all notices re!uired by any written law applicable to the territories of :alaysia in
which the Works are carried out, or any regulation or byelaw of any local authority or of any statutory undertaker which has any
jurisdiction with regard to the Works or with whose systems the same are or will be connected#
4)#2 V+2-+.-056 1204 C05.2+;. D2+?-5=6 .0 M99. S.+.*.02/ R9@*-29495.6
The Contractor before making any ariation from the Contract Drawings or the Specification necessitated by such compliance
shall gie to the "rchitect a written notice specifying and giing the reason for such ariation and applying for the "rchitect,s
instructions in regard thereto#
4)#3 C051024-5= .0 S.+.*.02/ O>,-=+.-056
$f within seen (+) days if haing gien the said written notice to the "rchitect and the Contractor does not receie any
instructions in regard to the matters therein specified, he shall proceed with the work conforming to the written law applicable to
the territories of :alaysia in which the Works are to be carried out, or any regulation or bye9law of any local authority or of any
statutory undertaker which has any jurisdiction with regard to the Works, or with whose systems the same are or will be
connected# "ny ariation thereby necessitated shall be deemed to be a ariation re!uired by the "rchitect#
4)#4 F996 02 C7+2=96
The Contractor shall pay and indemnify the -mployer against liability in respect of any fees or charges (including any rates or
ta*ed) legally demandable under any written laws applicable to the territories of :alaysia in which the Works are to be carried
out, or any regulation or bye9law of any local authority or of any statutory undertaker in respect of the Works# The amount of
any such fees or charges (including any rate or ta*es) shall be added to the Contract Sum unless
$ They arise in respect of Works e*ecuted or materials or goods supplied by a local authority or statutory undertaker for
which a prime cost sum is included in the Specification or for which a prime cost sum has arisen as a result of the
"rchitect,s instructions under Clause 33#'(1 or
$$ the amount is priced or stated by way of a proisional sum in the Specification#
5)#1 I5+;;*2+.9 S9..-5= O*.
The "rchitect shall determine all leels which may be re!uired for the e*ecution of the Works, and shall proide the Contractor
by way of accurately dimensioned drawings with such information so as to enable the Contractor to set out the Works at ground
leel# The Contractor shall be responsible for and shall entirely at his own cost amend any errors arising from his own
inaccurate setting out#
0roided always that the "rchitect may at his discretion accept the errors without amendment subject to such reduction in the
Contract Sum as may be reasonable haing regard to any loss of alue suffered by the -mployer or any reduced cost to the
Contractor resulting from the error, whicheer shall be greater#
6)#1 S.+5:+2:6 01 W0236, M+.92-+,6, W0234+567-8 +5: G00:6
"ll works, materials, workmanship and goods shall be of the respectie kinds and standards described in the Contract
Documents#
6)#2 P20:*;.-05 01 V0*;7926
The Contractor shall, upon the re!uest of the "rchitect, proide him with ouchers or such other eidence to proe that the
materials and goods comply with Clause ;#'3 and are in accordance with the instructions of the "rchitect#
6)#3 I5689;.-05 +5: T96.-5=
The Contractor shall proide samples of materials or goods, before incorporation in the Works, for testing as may be selected
and re!uired by the "rchitect# 0roided always that the "rchitect may issue instructions re!uiring the Contractor to open up for
inspection any work coered up or to arrange for or carry out any test of any materials or goods (whether or not already
incorporated in the Works) or of any e*ecuted work, or if the inspection and%or test is in the opinion of the "rchitect re!uired in
conse!uence of some prior failure or breach of contract or other default of the Contractor# The cost of such opening up or
testing (together with the cost of making good in conse!uence thereof) shall be added to the Contract Sum unless proided for
in the Specification or unless the inspection or test shows that the works, materials or goods are not in accordance with this
Contract#
6)#4 W0236, M+.92-+,6, W0234+567-8 +5: G00:6 50. -5 A;;02:+5;9 ?-.7 C05.2+;.
$f the "rchitect during the progress of the Works finds any works, materials, workmanship or goods which are not in accordance
with the Contract, the "rchitect may instruct the Contractor in writing to do any or all of the following6
$ To demolish and reconstruct any work so that it is in accordance with the Contract#
$$ To remoe from and%or to bring to the site any materials or goods which in the opinion of the "rchitect are and%or may
not be in accordance with the Contract#
6)#5 F+-,*29 01 C05.2+;.026 .0 C048,/ ?-.7 A2;7-.9;.6 I56.2*;.-05
$f the Contractor should fail and%or refuse to comply with an instruction of the "rchitect under this Clause ;, the -mployer may,
without prejudice to any other rights or remedies, employ and pay others to carry out the subject matter of the instruction# "ny
loss, e*pense or damage thereby suffered or incurred by the -mployer shall be recoerable from the Contractor#
)#1 I5:945-./ .0 E48,0/92 +=+-56. C,+-46
Subject to Clause +#'& hereof, all royalties or other sums payable in respect of the use in carrying out the Works as described
by or referred to in the Specification of any patented articles, processes or inentions or drawings (other than drawings
proided by the "rchitect) shall be deemed to hae been included in the Contract Sum# The Contractor shall indemnify the
-mployer from and against all claims, proceedings, damage, costs and e*penses which may be brought or made against the
-mployer or to whom he may be put by reason of the Contractor infringing or being held to hae infringed any patent rights in
relation to any such articles, processes and inentions#
)#2 EA;,*6-05 01 C05.2+;.026 L-+>-,-./ .0 P+/ 102 P+.95. R-=7.6
Where in compliance with the "rchitect,s instructions the Contractor supply and use in carrying out the Works any patented
articles, processes or inentions, the Contractor shall not be liable in respect of any infringement or alleged infringement of any
patent rights in relation to any articles, process and inentions# "ll royalties, damages or other monies which the Contractor
may be liable to pay to the persons entitled to such patent rights shall be added to the Contract Sum#
! SITE AGENT
!)#1 S-.9 A=95. +5: A66-6.+5.6
The Contractor shall constantly keep upon the Works a suitably !ualified and e*perienced 0erson who shall be deemed to be
the Site "gent of the Contractor for the purposes of this Contract, together with such senior assistants and superisory staff in
each trade as may be necessary as set out in the Contract Documents or as amended from time to time after prior approal of
the "rchitect#
!)#2 I56.2*;.-056 .0 S-.9 A=95.
The Contractor shall ensure that the Site "gent and such senior assistants as aforesaid are persons who are capable of
receiing erbal instructions in -nglish or <ahasa :alaysia# "ny directions or instructions gien to such Site "gent and%or his
assistants by the "rchitect or site staff in accordance with Clause 3'#'& shall be deemed to hae been gien to the Contractor
in pursuance of Clauses 3 and & hereof#
!)#3 EA;,*6-05 01 P926056 948,0/9: 05 .79 W0236
The appointment of the Site "gent and his remoal shall be at the reasonable discretion of the "rchitect# The "rchitect may also
but not unreasonably or e*atiously issue instructions re!uiring the dismissal from the Works of any person employed thereon#
")#1 A;;966 .0 W0236 102 A2;7-.9;. 02 H-6 R9829695.+.-<9
The "rchitect and%or his authori7ed representatie shall at all times hae access to the Works and to the workshops or other
places of the Contractor where work is being prepared for this Contract# When work is to be so prepared in workshops or other
places of a Sub9Contractor (whether or not a 8ominated Sub9Contractor as defined in Clause &+) the Contractor shall by a term
in the sub9contract secure a similar right of access to those workshops or places for the "rchitect and%or his authori7ed
representaties# The Contractor shall do all things reasonably necessary to make such right effectie#
1# SITE STAFF
1#)#1 D*./ 01 S-.9 S.+11
The -mployer shall be entitled to appoint a 5esident "rchitect, 5esident -ngineer, Clerks of Works and such others as site staff
as necessary from time to time whose duties shall be to act as inspectors on behalf of the -mployer# The site staff so appointed
shall be under the direction of the "rchitect# The Contractor shall afford them eery reasonable facility for performance of their
duty#
1#)#2 D-29;.-056 =-<95 >/ S-.9 S.+11
"ny directions gien to the Contractor or his Site "gent upon the Works by the Site Staff shall be of no effect unless gien in
regard to a matter in respect of which the "rchitect is e*pressly empowered by the Conditions to issue instructions and unless
confirmed in writing by the "rchitect within three (() working days of such direction being gien# $f any such directions are so
gien and confirmed in writing by the "rchitect then as from the date of issue of that confirmation it shall be deemed to be an
"rchitect,s instruction#
11)#1 D91-5-.-05 01 V+2-+.-05
The term =>ariation? as used in these Conditions means6
$ "lteration or modification of the design, !uality or !uantity of the Works as shown in the Contract Drawings and
described by or referred to in the Specification#
$$ The addition, omission or substitution of any work#
$$$ The alteration of the kind or standard of any materials or goods to be used in the Works#
$> The 5emoal from site of any work e*ecuted, or materials or goods brought thereon by the Contractor for the purposes
of the Works other than work materials or goods which are not in accordance with this Contract#
> The addition, alteration, or omission of any e*pressed obligation or restrictions imposed by the -mployer under the
Conditions of Contract with regards to any limitation of working hours, working space, or access to or utili7ation of any
specific part of the site or the e*ecution and completion of the work in any specific order#
>$ 2or the aoidance of doubt the term =>ariation? shall include any changes as aforesaid which may be designed to alter
the ultimate use to which the Works will be put or changes in the obligations and%or restrictions which may be imposed
on the Contractor,s methods of working, but shall e*clude any instruction which has arisen due or is necessitated by or
is intended to cure any default of and%or breach of contract by the Contractor#
11)#2 N0 V+2-+.-05 29@*-29: >/ A2;7-.9;. 67+,, V-.-+.9 C05.2+;.
The "rchitect may issue instructions re!uiring a >ariation and he may sanction in writing any >ariation made by the Contractor
otherwise than pursuant to an instruction of the "rchitect# 8o >ariation re!uired by the "rchitect or subse!uently sanctioned by
him shall itiate this Contract#
11)#3 A2;7-.9;.6 I56.2*;.-056 05 P2-49 C06. BPCC +5: P20<-6-05+, S*46
The "rchitect shall issue instructions in regard to6
$ The -*penditure of prime cost (0C) and proisional sums included in the Specification and of prime cost sums arising
out of instructions issued in regard to the e*penditure of proisional sums#
$$ The e*penditure of proisional sums included in a sub9contract#
11)#4 V+,*+.-05 01 V+2-+.-056 +5: P20<-6-05+, S*46
"ll >ariations re!uired by the "rchitect or subse!uently sanctioned by him in writing and all work e*ecuted by the Contractor
following instructions of the "rchitect as to the e*penditure of 0roisional Sums included in the Specification shall be measured
and alued by the "rchitect# The Contractor shall be gien the opportunity to be present at the time of such measurement and
may take such notes and measurements as he may re!uire#
11)#5 R*,96 102 V+,*+.-05 01 V+2-+.-056
The aluation of >ariations and of work e*ecuted by the Contractor for which a proisional sum is included in the Specification
(other than for work for which a tender had been accepted under Clause &+#'@) shall, unless otherwise agreed, be made in
accordance with the following rules6
$ The prices in the Schedule of 5ates after adjustment if necessary as proided in Clause 3(#'( of these Conditions,
shall determine the aluation of work of similar character e*ecuted under similar conditions as the work priced therein#
$$ Where work is of similar character to work included in the Specification but may not be e*ecuted under similar
conditions the rates in the said Schedule of 5ates shall, as far as may be reasonable, be the basis of aluation, which
shall include a fair allowance for the difference in conditions#
$$$ Where work cannot be properly measured and alued, the Contractor shall be allowed day work rates at the prices
preailing as far as may be reasonably ascertained at the time that such work is carried out (unless otherwise proided
in the Specification) at the rates, if any, inserted by the Contractor in the said Schedule of 5ates# When no such rates
hae been inserted in the Schedule of 5ates, the Contractor shall be allowed day work rates deried from the actual
prime cost to the Contractor of his materials, goods, labour and additional e!uipment and plant necessary for the
e*ecution of the work concerned plus fifteen percent (3)A), which percentage shall include for the use of all ordinary
plant, tools and scaffolding, superision, oerheads and profit# 0roided that in any case ouchers specifying the time
spent daily upon the work, the workers names, the plant and the materials employed shall be deliered for erification to
the "rchitect not later than seen (+) days after the work had been completed#
$> The prices in the said Schedule of 5ates shall determine the aluation of items omitted# $f omissions substantially ary
the conditions under which any remaining items of work are carried out, the prices of such remaining items shall be
alued under sub9clause 33#') (ii)
> -ffect shall be gien to measurement and aluation of all >ariations in $nterim Certificates and by adjustment of the
Contract Sum#
11)#6 V+,*+.-05 01 D-29;. L066 +5:(02 EA89569
$f the Contractor applies to the "rchitect in writing within a reasonable time of the eent and the "rchitect is of the "rchitect is of
the opinion that a >ariation in respect of work which has caused the Contractor direct loss and%or e*pense for which he would
not be reimbursed under any proisions in the Conditions, then the "rchitect shall from time to time ascertain the amount of
such loss and%or e*pense which amount shall be added to the Contract Sum# $f an $nterim Certificate is issued after the date of
ascertainment any such amount shall be added to the amount which would otherwise be stated to be due in the Certificate#
11)# C05.2+;.02 .0 6*>4-. 59;966+2/ D9.+-,6
The Contractor shall in support of his application submit to the "rchitect upon re!uest such details of such direct loss and%or
e*pense as are reasonably necessary for such ascertainment under Clause 33#'; of this Condition#
12)#1 $*+,-./ +5: $*+5.-./ 01 .79 W0236
The !uality and !uantity of the work included in the Contract Sum shall be deemed to be that which is shown upon the Contract
Drawings and%or described in the Specification#
12)#2 P20<-6-056 -5 C05:-.-056 .0 P29<+-,
8othing contained in the Contract Drawings or the Specification shall oerride, modify or affect in any way whatsoeer the
application or interpretation of that which is contained in these Conditions#
12)#3 C0229;.-05 01 E22026 02 O4-66-056
"ny error in description, !uantity or omission of items between the Contract Drawings and%or the Specification shall not itiate
this Contract but shall be corrected by the "rchitect#
13 CONTRACT SUM
13)#1 S*44+2/ 01 T95:92 B+6-6 01 C05.2+;. S*4
The Summary of Tender shall form part if this Contract and shall be the basis of the Contract Sum# 0rices in the Summary of
Tender submitted by the Contractor shall be subject to the prior consent of the "rchitect as to their reasonableness# Such prior
consent and any subse!uent adjustment to the prices in the Summary of Tender shall be made before the issuance of the
4etter of "cceptance by the -mployer to the Contractor# "ny adjustment of the prices in the Summary of Tender any any
arithmetical error in the Summary of Tender shall before the issue of the 4etter of "cceptance by the -mployer be so adjusted
and rectified that the total amount in the Summary of Tender shall correspond to the Contract Sum tendered by the Contractor
in the 2orm of Tender# 0roided always the Contract Sum amount shown in the 2orm of Tender shall remain unaltered#
13)#2 C05.2+;. S*4 50. >9 +:D*6.9: 02 +,.929:
The Contract Sum shall not be adjusted or altered in any way whatsoeer otherwise than in accordance with the e*press
proisions of the Conditions and subject to Clause 3&#'( any error whether of arithmetic or not in the computation of the
Contract Sum shall be deemed to hae been accepted by the parties hereto#
13)#3 S;79:*,9 01 R+.96
The Contractor shall before the issue of the 4etter of "cceptance by the -mployer, agree with the "rchitect as to the
reasonableness of the rates and%or prices set down in the Schedule of 5ates#
14)#1 U51-A9: M+.92-+,6 02 G00:6 50. .0 >9 2940<9:
.nfi*ed materials and goods intended for and deliered to or placed adjacent to the Works may only be remoed for use upon
the Works e*cept where the "rchitect has consented in writing to their remoal for other purposes# The "rchitect shall not
unreasonably withhold such consent#
14)#2 M+.92-+,6 02 G00:6 8+-: 102 >9;0496 E48,0/926 P20892./
Where the alue of any such materials or goods has in accordance with Clause ('#'( been included in any $nterim Certificate
under which the Contractor has receied payment such materials and goods shall become the property of the -mployer, but
subject to Clauses &'#'& ($) to &'#'& (>) or &'#'( ($) to &'#'( (>$), if applicable, the Contractor shall remain responsible for loss
or damage to the same#
14)#3 C05.2+;.02 ;+550. 2940<9 .794 9A;98. 102 U69 *805 .79 W0236
Where materials and goods intended for the Works and whose alue has in accordance with Clause ('#'( been included in
any $nterim Certificate and has been paid by the -mployer, such materials and goods shall become the property of the
-mployer# Thereafter, the Contractor shall not, e*cept for use upon the Works, remoe or permit them to be remoed from the
premises where they are stored#
14)#4 C05.2+;.02 R968056->,9 102 L066 02 D+4+=9 .0 M+.92-+,6 02 G00:6
The Contractor shall remain responsible for any loss or damage to the materials and goods and for the cost if storage,
handling, and insurance of same#
15)#1 C92.-1-;+.9 01 P2+;.-;+, C048,9.-05
When the "rchitect is of the opinion that the works are practically completed, meaning that the Contractor has performed and
completed all the necessary Works specified in the Contract and the patent defects e*isting in such Works are =de minimis?, the
"rchitect shall forthwith issue a Certificate of 0ractical Completion# The Works shall be deemed to be practically completed for
all purposes of this Contract on the day named in such Certificate#
15)#2 D919;.6 +5: S72-53+=96 ETC
"ny defects, shrinkages or other faults which appear within the Defects 4iability 0eriod and which are due to materials or
workmanship not in accordance with this Contract shall be specified by the "rchitect in a Schedule of Defects and deliered to
the Contractor not later than fourteen (3/) days after the e*piration of the Defects 4iability 0eriod# The Contractor shall within a
reasonable time after receipt of the Schedule of Defects, shrinkages and other faults therein specified make good such defects,
shrinkages or other faults entirely at his own cost, unless otherwise instructed by the "rchitect, in which case the Contract Sum
shall be adjusted accordingly#
15)#3 M+3-5= G00: D919;.6
8otwithstanding Clause 3)#'& the "rchitect may wheneer he considers it necessary issue instructions re!uiring any defect,
shrinkage or other faults which appear within the Defects 4iability 0eriod and which are due to materials or workmanship not in
accordance with this Contract to be made good# The Contractor shall within a reasonable time after receipt of such instructions
comply with the same entirely at his own cost, unless otherwise instructed by the "rchitect, in which case the Contract Sum
shall be adjusted accordingly# 8o such instructions shall be issued after deliery of a Schedule of Defects or after fourteen (3/)
days from the e*piration of the Defects 4iability 0eriod#
15)#4 C92.-1-;+.9 01 M+3-5= G00: D919;.6
When in the opinion of the "rchitect any defects, shrinkages or other faults which he may hae re!uired to be made good under
Clauses 3)#'& and 3)#'( hae been made good he shall issue a Certificate of :aking Bood Defects and completion of making
good defects shall be deemed to hae taken place on the day named in the Certificate#
16)#1 P066966-05 01 R9,9<+5. P+2.
$f at any time or times before 0ractical completion of the Works the -mployer with the consent of the Contractor takes
possession of any part of the Works (any such part being hereinafter referred to as =the releant part?) then notwithstanding
anything e*pressed or implied elsewhere in this Contract6
I V+,*9 01 R9,9<+5. P+2.
Within fourteen (3/) days from the date on which the -mployer has taken possession of the releant part the "rchitect
shall issue a Certificate stating his estimate of the appro*imate total alue of the releant part and for all purposes of
Clause 3; (but for no other) the alue so stated shall be deemed to be the total alue of the releant part#
II P2+;.-;+, C048,9.-05 +5: D919;.6 L-+>-,-./ 01 R9,9<+5. P+2.
2or the purposes of sub9clause 3;#'3 (ii) and Clauses 3)#'& and 3)#'( 0ractical Completion of the releant part shall
be deemed to hae occurred and the Defects 4iability 0eriod in respect of the releant part shall be deemed to hae
commenced on the date which the -mployer has taken possession thereof#
III E
When in the opinion of the "rchitect any defects, shrinkages or other faults in the releant part which he may hae
re!uired to be made good under Clause 3)#'& or Clause 3)#'( hae been made good he shall issue a certificate to that
effect#
IV E
The Contractor shall reduce the alue insured under Clause &'#'3 ($) to &'#'3 ($>) (if applicable) by the full alue of the
releant part and the said releant part shall from the date that the -mployer take possession thereof be at the sole risk
of the -mployer as regards to any of Clause &' risks#
V E
$n lieu of any sum to be paid or allowed by the Contractor under Clause && in respect of any period during which the
Works may remain incomplete after the date which the -mployer has taken possession of the releant part there shall
be paid or allowed such sum as bears the same ratio to the sum which would be paid or allowed apart from the
proisions of Clause 3; as does the Contract Sum less the total alue of the releant part to the Contract Sum#
VI E
Within fourteen (3/) days of the date on which the -mployer has taken possession of the releant part the Contractor
shall be paid from the sum retained under Clause ('#'/ (if any) one moiety of such amount as bears the same ratio to
the unreduced amount named as 4imit of 5etention 2und in the "ppendi* as does the total alue of the releant part to
the Contract Sum# The amount of the 4imit of 5etention 2und shall then be reduced by the same amount of such
moiety#
VII E
Cn the e*piration of the Defects 4iability 0eriod in respect of the releant part or on the issue of the Certificate of
Completion of :aking Boods Defects of the releant part whicheer is the later, the Contractor shall be paid from the
sums retained under Clause ('#'/ (if any) the other moiety of the amount referred to in sub9clause 3;#'3 (i) and the
4imit of 5etention 2und amount shall be reduced by the amount of such moiety#
1)#1 C05695. 29@*-29: +66-=5-5= R-=7.6, I5.9296.6 02 B9591-.6
8either the -mployer nor the Contractor shall, without the written consent of the other assign his rights, interests or benefits
under the Contract#
1)#2 S*>&L9..-5= P02.-05 01 W023
The Contractor shall not without the written consent of the "rchitect (which consent shall not be unreasonably withheld) sub9let
any portion or the whole of the Works e*cept otherwise proided by the Contract# Such consent if gien shall not reliee the
Contractor from any liability or obligation under the Contract# De shall be responsible for the acts, defaults, neglects, breach of
contract of any Sub9Contractor, domestic or nominated, his agent, serants or workmen as fully as if they were the acts,
defaults or neglects of the Contractor, his agent, serants or workmen# Where the Contractor sub9contracts labour only of
craftsmen, skilled or semi9skilled workmen to carry out any portion of the work this shall not constitute sub9letting within the
meaning of this clause and he shall remain fully responsible for the !uality of their work and craftsmanship and for any acts,
defaults and negligence of the workmen#
1!)#1 I5:945-./ +=+-56. C,+-46 05 E48,0/92 F I5D*2/ 02 D9+.7 01 P926056
The Contractor shall be liable for and shall indemnify the -mployer against any e*pense, liability, loss, claim or proceedings
whatsoeer in respect of personal injury to or the death of any person whomsoeer arising out of or in the course of or caused
by the carrying out the Works, unless it is solely to any act or neglect of the -mployer or of any person for whom the -mployer
is responsible# $n that eent, the -mployer shall be liable#
1!)#2 I5:945-./ +=+-56. C,+-4 05 E48,0/92 102 I5D*2/ .0 P20892./
-*cept for such loss or damage that is at the sole risk of the -mployer under Clauses &'#'& ($) to &'#'& (>) or Clauses &'#'( ($)
to &'#'( (>$) (if applicable) the Contractor shall be liable for, and shall indemnify the -mployer against any e*pense, liability,
loss, claim or proceedings in respect of any injury or damage whatsoeer to any property real or personal in so far as such
injury or damage arises out of or in the course of or by reason of carrying out the Works, and proided always the same is due
to any negligence, omission of default of the Contractor, his serants or agents or as the case may be, of any sub9contractor,
his serants or agents#
1")#1 C05.2+;.02 .0 -56*29 +=+-56. I5D*2/ .0 P926056 +5: P20892./
Without any prejudice to his liability to indemnify the -mployer under Clause 3@ the Contractor shall maintain and cause any
sub9contractor to maintain such insurances as are necessary coer the liability of the Contractor or, as the case may be, of
such sub9contractor in respect of personal injuries or death or of injury or damage to property real or personal arising out of or
in the course of or caused by the carrying out of the Works and caused by any negligence, omission or default of the
Contractor, or sub9contractor as the case may be and their serants or agents and not due to any act or negligence of the
-mployer or of any person for whom the -mployer is responsible#
1")#2 E<-:95;9 01 I56*2+5;9 P0,-;-96
The Contractor, when re!uired by the "rchitect, shall produce or cause any sub9contractor to produce for inspection by the
"rchitect the releant insurance policy or policies together with receipts thereof in respect of premiums paid and the "rchitect
may also reasonably re!uire on any occasion the production by the Contractor of documentary eidence that such insurance
policy or policies are properly maintained#
1")#3 M+-5.95+5;9 01 I56*2+5;9 P0,-;-96
Where a proisional sum is included in the Specification in respect of insurance re!uired under Clause 3E#'3 the Contractor
shall maintain in the joint names of the Contractor and -mployer insurances for such amounts of indemnity as may be stated in
the Contract <ills in respect of e*pense, liability, loss, claim or proceedings which the -mployer may incur or sustain by reason
of injury or damage to property real or personal arising out of or in the course of carrying out the Works and caused otherwise
than by negligence, omission or default of the Contractor and%or sub9contractor or of their serants or agents# 0roided always
that any e*clusion or limitation of liability or insurance e*cess under the policy is stated in the certificates of insurance#
1")#4 A8820<+, 01 I56*2+5;9 C048+5-96
"ny insurance referred to in Clause 3E#'( shall be placed with insurers to be approed by the "rchitect, and the Contractor
shall deposit with him the policy or policies and the receipts in respect of premiums paid#
1")#5 C05.2+;.02 D91+*,. -5 I56*2+5;9 P0,-;/
Should the Contractor or any sub9contractor make default in insuring or in continuing to insure as proided in Clauses 3E#'3,
3E#'& and 3E#'( the -mployer may himself insure against any risk with respect to which the default shall hae occurred and the
amount paid or payable by the -mployer in respect of premiums shall be deducted from any monies due or to become due to
the Contractor#
2#)#1 C05.2+;.026 R-636 F N9? B*-,:-5=6
FClause &'#'3 applies to new buildings if Contractor is re!uired to insure#
The Contractor shall in the joint names of the -mployer and Contractor insure against loss and damage by fire, storm, tempest,
lightning, flood, earth!uake, aircraft or anything dropped therefrom, aerial objects, riot and ciil commotion for the full alue
thereof (plus a percentage named in the "ppendi* to coer professional fees) of all e*ecuted work and all unfi*ed materials and
goods intended for the Works and deliered to and placed on or adjacent to the Works but e*cluding temporary buildings, plant,
tools and e!uipment owned or hired by the Contractor or any sub9contractor, and shall Gsubject to sub9clause 3;#'3 (i) keep
such work, materials or goods so insured until 0ractical Completion of the Works#
I A8820<+, 01 I56*2926
The insurance referred to in Clause &'#'3 shall be placed with insurers approed by the "rchitect and the Contractor
shall deposit with him the policy or policies and the receipt of premiums paid# $f the Contractor makes default in insuring
or continuing to insure as aforesaid the -mployer may insure against any risks with respect of premiums from any
monies due or to become due to the Contractor#
II M+-5.95+5;9 01 I56*2+5;9 P0,-;/
$f the Contractor independently of his obligations under this Contract maintains a policy of insurance, from insurers
approed by the "rchitect, which coers (inter alia) the said work, materials and goods against the aforesaid risks in
Clause &'#'3 to the full alue thereof (plus the aforesaid percentage, if any, in the "ppendi*) then the maintenance by
the Contractor of such policy shall, if the -mployer interest is endorsed thereon, be a discharge of the Contractor,s
obligation to insure in the joint names of the -mployer and Contractor#
The production by the Contractor as and when may reasonably be re!uired by the "rchitect of a certificate of insurance
properly endorsed and maintained shall be a discharge of the Contractor,s obligation to deposit with the -mployer a
policy or policies and releant premium receipt#
III R96.02+.-05 01 :+4+=9: W023
.pon the settlement of any claim under the insurances aforesaid the Contractor shall with due diligence restore any
damaged work, replace or repair any unfi*ed materials or goods destroyed or injured, remoe and dispose of any debris
and proceed to carry out and complete the Works#
IV P+/495. 102 :+4+=9: W023
"ll works receied from such insurances (less the aforesaid percentage, if any, in the "ppendi*) shall be paid to the
Contractor by instalments under the periodic $nterim Certificates issued by the "rchitect# The Contractor shall not be
entitled to any payment in respect of the restoration of the damaged work and replacement or repair of any unfi*ed
materials or goods and the remoal and disposal of debris other than the monies receied under the aforesaid
insurances#
2#)#2
FClause &'#'& applies to new buildings if -mployer is re!uired to insure#
I I56*2+5;9 >/ E48,0/92
"ll works e*ecuted and all unfi*ed materials or goods intended for and deliered to or placed on or adjacent to the
Works (e*cluding temporary buildings, plant, tools and e!uipment owned or hired by the Contractor or any Sub9
Contractor) shall be at the sole risk of the -mployer as regards to loss or damage under Clause &'#'3 risks#
II M+-5.95+5;9 01 P0,-;/
The -mployer shall maintain a proper insurance policy against the aforesaid risks and such policy and receipt for the
last premium paid for its renewal shall, upon the re!uest of the Contractor, be produced for his inspection#
III F+-,*29 01 E48,0/92 .0 I56*29
$f the -mployer at any time, upon the re!uest of the Contractor, fail to produce any receipt showing such a policy as
aforesaid to be effectie then the Contractor may in the name and on behalf of the -mployer insure all work e*ecuted
and all materials and goods as afore against loss or damage arising all the risks stated in Clause &'#'3# The Contractor
upon production of the receipt of any premium paid by him shall be entitled to hae its amount added to the Contract
Sum#
IV C048*.-5= A40*5. 01 L066 02 D+4+=9 0;;+6-059: >/ -56*29: R-636
$f the loss or damage to the Works or any part thereof or to any unfi*ed materials and goods referred to in Clause &'#'&
(i) is occasioned by any one or more of the risks stated in Clause &'#'3, then the occurrence of such loss or damage
shall be disregarded in computing any amounts payable to the Contractor under this Contract#
V R96.02+.-05 01 :+4+=9: W023
The Contractor shall with due diligence restore the damaged work, replace or repair any unfi*ed materials or goods
destroyed or damaged, remoe and dispose of any debris and proceed to carry out and complete the Works# The
restoration of damaged work, the replacement or repair of unfi*ed materials or goods, and disposal of debris shall be
deemed to be a >ariation re!uired by the "rchitect#
2#)#3
FClauses &'#'( apply to alterations or e*tensions to e*isting buildings1 therefore strike out Clauses &'#'3, &'#'& or &'#'( as
appropriate#
I E48,0/926 R-63 F EA-6.-5= S.2*;.*296
The e*isting structures together with all contents therein owned by the -mployer or for which he is responsible,
including all unfi*ed materials and goods intended for the Works and deliered to or adjacent to the Works (but
e*cluding temporary buildings, plant, tool and e!uipment owned by or hired by the Contractor or any Sub9Contractor)
shall be at the sole risk of the -mployer as regards to loss or damage arising from the risks stated in Clause &'#'3#
II M+-5.95+5;9 01 I56*2+5;9 >/ E48,0/92
The -mployer shall maintain a proper insurance policy against such risks stated in Clause &'#'3 and upon re!uest by
the Contractor shall produce the last receipt of premium paid#
III F+-,*29 01 E48,0/92 .0 I56*29
$f the -mployer, at the re!uest of the Contractor at any time fails to produce any receipt showing such a policy then the
Contractor may in the name and on behalf of the -mployer insure the structures together with the aforesaid contents,
the Works, and all unfi*ed materials and goods as aforesaid against loss or damage occasioned by the eent
e*pressed in Clause &'#'3# 2or this purpose the Contractor shall hae the right to enter and inspect as may be
necessary to make a surey and inentory of the e*isting structures and all their contents and upon production of the
receipt of any premium paid by him be entitled to hae the amount added to the Contract Sum#
IV E
"ny loss or damage affecting the Works or any part thereof or any unfi*ed materials or goods reffered to in Clause
&'#'( ($) occasioned by one or more of the risks stated in Clause &'#'3 then6
" the occurrence of such loss or damage shall be disregarded in computing any amount payable to the Contractor
under this Contract#
< if it is just and e!uitable to do so the employment of the Contractor under this Contract may be determined at
the option of either party within twenty eight (&@) days of the occurrence of such loss or damage# Within seen
(+) days of receiing such a notice (but not thereafter) either party may gie notice to the other a written re!uest
to concur on the appointment of an arbitrator under Clause (/ to decide whether such determination is just and
e!uitable#
V E
.pon the giing or receiing by the -mployer of a notice of determination or where a reference to arbitration is made as
aforesaid and if the "rbitrator upholds the notice of determination, then the proisions of Clause &;#'& (e*cept sub9
clause &;#'& (ii) (f)) shall apply#
VI E
$f no notice of determination is sered under sub9clause &'#'( ($>) < or where a reference to arbitration is made as
aforesaid and if the "rbitrator decide against the notice of determination, then6
" the Contractor shall, with due diligence, reinstate or make good such loss or damage and proceed to carry out
the complete the works1
< the "rchitect may issue instructions re!uiring the Contractor to remoe and dispose of any debris1 and
C the reinstatement and making good of such loss or damage and the remoal and disposal of debris shall be
deemed to be a >ariation re!uired by the "rchitect#
21)#1 D+.9 01 C04495;9495. +5: C048,9.-05 D+.9
Cn the Date of Commencement stated in the "ppendi*, possession of the site shall be gien to the Contractor who shall
thereupon begin the Works, and regularly and diligently proceed with the same and complete the same on or before the Date
for Completion stated in the "ppendi* subject to any e*tension of time in accordance with Clause &( and%or sub9clause (&#'3
(iii)# $f no such Date of Commencement is stated in the "ppendi* or if the date in the "ppendi* becomes inalidated for any
reason which is not the responsibility of the Contractor, then the Date of Commencement shall be such other date as instructed
by the "rchitect and the Date of Completion shall be appropriately modified or recalculated#
21)#2 D+.96 01 C04495;9495. =-<95 102 S9;.-056
0roided always that Dates of Commencement may be gien for sections or for parts and any other restrictions upon
commencement on the site shall be stated in the "ppendi* to these Conditions or in the Contract Documents#
21)#3 D-119295. C048,9.-05 D+.96 102 -:95.-1-9: S9;.-056 02 P+2.6 01 W023
Where there are different completion dates for such sections or parts of Works are stated and identified in the "ppendi* or
elsewhere in the Contract Documents and different and separate 4i!uidated and "scertained Damages are proided for each
section or part of the Works, the proisions of this Contract in regard to the Certificate of 0ractical Completion, -*tension of
Time, 4i!uidated and "scertained Damages and the Defects 4iability 0eriod (but no $nsurance of the Works against fire, -TC,
under Clause &' and 2inal Certificate under Clause ('#'+ hereof) shall, in the absence of any e*press proision to the contrary
elsewhere in the Contract Documents apply with the necessary changes in points of detail as if each such section or part was
the subject of a separate and distinct contract between the -mployer and the Contractor#
21)#4 P06.8059495. 01 W023
The "rchitect may issue instructions in regard to the postponement of any work to be e*ecuted under the proisions of this
Contract#
22)#1 L-@*-:+.9: +5: +6;92.+-59: D+4+=96 BLADC
$f the Contractor fails to complete the Works by the Date for Completion or within any e*tended time fi*ed under Clause &( or
sub9clause (&#3 (iii) and the "rchitect certifies in writing that in his opinion the same ought reasonably so to hae been
completed, then the Contractor shall pay to the -mployer a sum calculated at the rate stated in the "ppendi* as 4i!uidated and
"scertained Damages (4"D) for the period from the Date for Completion or any e*tended date where applicable to the date of
0ractical Completion# The -mployer may deduct such sum as a debt from any monies due or to become due to the Contractor
under this Contract#
22)#2 LAD A40*5. :9949: +6 +=299:
The 4i!uidated and "scertained Damages stated in the "ppendi* is to be deemed to be as the actual loss which the -mployer
will suffer in the eent that the Contractor is in breach of the Clause hereof# The Contractor by entering into this Contract agrees
to pay to the -mployer the said amounts(s) if the same become due without the need of the -mployer to proe his actual
damage or loss#
23)#1 N0.-1/-5= 01 E<95.6 ;+*6-5= D9,+/
$f and when it becomes reasonably apparent that the progress of the Works is being or likely to be delayed beyond the Date for
Completion the Contractor shall forthwith of the occurrence of such eent, notify the "rchitect in writing identifying the releant
eents causing the delay, giing particulars of the e*pected effect and an estimate of the e*tension of time re!uired# The notice
shall contain sufficient information and reason why delay to completion will result#
23)#2 A F+-2 +5: R9+605+>,9 EA.956-05 01 T-49
.pon receipt of the Contractor,s notice that there are eents causing delay and the completion of the Works is likely to be
delayed beyond the Date for Completion then the "rchitect shall subject to Clauses &(#'(, &(#'/ and &(#'+ hereof consider the
releant eents causing delay and by written notice to the Contractor gie a fair and reasonable e*tension of time by fi*ing such
later date as the Date for Completion# The Contractor shall not be entitled to any e*tension of time where instructions or acts of
the -mployer and%or the "rchitect are necessitated by or intended to cure any default of or breach of contract by the Contractor#
23)#3 T-49 L-4-.+.-05 +6 .0 =-<-5= EA.956-05 01 T-49
0roided always the Contractor submits to the "rchitect his application for e*tension of time compete with particulars and
estimates in a reasonable time before the Date of Completion, the "rchitect haing regard to the sufficiency of the particulars
and estimates of the aforesaid notice shall ascertain and fi* such new Date of Completion within reasonable time from the
receipt of the said notice# The "rchitect may fi* a new Date of Completion retrospectiely upon failure of the Contractor to
submit his application for e*tension of time complete with particulars and estimates in accordance with the aforementioned
period#
23)#4 C05.2+;.02 .0 P29<95. D9,+/
The Contractor shall constantly use his best endeaours to preent delay in the progress of the Works, howeer caused, and to
do all that may reasonably be re!uired to the satisfaction of the "rchitect to preent delay or further delay in the completion of
the Works beyond the Date for Completion#
23)#5 L-4-.+.-05 -5 F-A-5= C048,9.-05 D+.9
The "rchitect shall not under Clause &(#'( fi* a Date for Completion earlier than the Date for Completion stated in the
"ppendi*#
23)#6 N0.-1-;+.-05 .0 504-5+.9: S*>&C05.2+;.026
The "rchitect shall notify eery 8ominated Sub9Contractor in writing each decision of the "rchitect when fi*ing a new Date for
Completion#
23)# R9,9<+5. E<95.6 ;+*6-5= D9,+/ 102 ?7-;7 EA.956-05 01 T-49 4+/ >9 =-<95
The releant eents causing delay where the Contractor may be gien a fair and reasonable e*tension of time are6
$ force majeure#
$$ e*ceptionally inclement weather#
$$$ loss or damage occasioned by one or more of the contingencies referred to in Clauses &'#'3, &'#'& ($) or &'#'( ($) as
the case may be#
$> ciil commotion, strike or lockout affecting any of the trades employed upon the Works or any of the trades engaged in
the preparation, manufacture or transportation of any goods or materials re!uired for the Works#
> compliance of "rchitect,s instructions under Clauses 3#'&, 33#'&, &3#'3 or &3#'/#
>$ Contractor not haing receied in due time necessary instructions, drawings, details or leels from the "rchitect for
which he had specifically applied in writing proided that the application was made on a date haing regard to the Date
for Completion was neither unreasonably distant nor unreasonably close to the date on which it was necessary for him
to receie them#
>$$ delays on the part of 8ominated Sub9Contractors or 8ominated Suppliers for the same reasons as set out in the sub9
clauses &(#'+ (i) to &(#'+ (i) and sub9clauses &(#'+ (iii) to &(#'+ (*ii)#
>$$$ delay on the part of artists, tradesmen or others engaged by the -mployer in e*ecuting work not forming part of this
Contract#
$H delay in the supply of materials and goods which the -mployer had agreed to supply for the Works#
H opening up for inspection any work coered up or the testing of any work, materials or goods in accordance with Clause
;#'( (including making good in conse!uence of such opening up or testing) unless the inspection or test showed that
the work, materials or goods were not in accordance with the Contract#
H$ any act of preention or breach of contract by the -mployer not mentioned in this Clause &(#'+#
H$$ any other ground for e*tension of time e*pressly mentioned in the Contract#
24)#1 A88,-;+.-05 .0 +6;92.+-5 L066 +5:(02 EA89569
$f and when the Contractor notifies the "rchitect in writing that the regular progress of the Works or any part of it has been or is
likely to be materially affected and that he had incurred or is likely to incur direct loss and%or e*pense for which he would not be
reimbursed by a payment under any other proision of this Contract then the "rchitect shall as and when necessary from time
to time ascertain the amount of such loss and%or e*pense which had been incurred by the Contractor, proided that6
$ the Contractor,s application is made in writing as soon as it becomes or should be reasonably apparent to him that the
regular progress of the Works or any part of it had been or is likely to be affected1 and
$$ the Contractor submits together with his application releant information substantiating his claim so as to enable the
"rchitect to form an opinion1 and
$$$ the Contractor upon re!uest submits to the "rchitect any other additional details of loss and%or e*pense as are
reasonably necessary for ascertainment#
24)#2 C-2;*46.+5;96 4+.92-+,,/ +119;.-5= P20=2966 01 W0236
The Contractor is not entitled to loss and%or e*pense e*cept in accordance with the e*press proisions of the Contract# The
following are circumstances materially affecting the regular progress of the Works referred to in Clause &/#'36
$ The Contractor not haing receied in due time the necessary instructions, drawings, details or leels from the "rchitect
for which he had specifically applied in writing proided that such application was made on a date which haing regard
to the Date for Completion stated in the "ppendi* or any e*tension of time under Clause &( or sub9clause (&#'3 (iii)
was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receie
them#
$$ the opening up for inspection of any work coered up or testing of any work, materials or goods in accordance with
Clause ;#'(, including making good in conse!uence of such opening up or testing, unless the inspection or test showed
that the work, materials or goods were not in accordance with this Contract#
$$$ any discrepancy in or diergence between the Contract Drawings and%or the Specification#
$> delay on the part of artists, tradesmen, or others engaged by the -mployer in e*ecuting work not forming part of this
Contract#
> the "rchitect,s instructions issued in regard to the postponement of any work to be e*ecuted under the proisions of this
Contract#
>$ delay or failure by the -mployer to supply or proide materials and goods which the -mployer had agreed to proide or
supply for the Work#
>$$ failure of the -mployer to gie in due time entry to or e*it from the site of the Works or any part thereof through or oer
any land by way of passage adjoining or connected to the site and in the possession and control of the -mployer in
accordance with the Contract Drawings and%or the Specification#
>$$$ any act of preention or breach of contract by the -mployer#
24)#3 A6;92.+-5495. 01 L066 +5:(02 EA89569
$f and when the Contractor makes written application within a reasonable time of it becoming apparent that the progress of the
Work or any part of it has been affected as aforesaid, then the "rchitect shall ascertain the amount of such loss and%or
e*pense# The failure by the Contractor to comply with the re!uirements of Clause &/ shall entitle the "rchitect or the Iuantity
Sureyor as instructed by the "rchitect to ascertain the !uantum of such loss and%or e*pense on the basis of information
aailable to them#
24)#4 A40*5. +6;92.+-59: +::9: .0 C05.2+;. S*4
"ny amount so ascertained from time to time shall be added to the Contract Sum, and if an $nterim Certificate is issued after
the date of ascertainment any such amount shall be added to the amount which would otherwise be stated as due in such
Certificate#
25)#1 D91+*,.6 >/ C05.2+;.02
The -mployer may determine the Contract without prejudice to any other rights and remedies which he may possess if the
Contractor makes default in one or more of the following instances6
$ without reasonable cause wholly suspend the carrying out the Works before completion thereof# 5easonable cause in
this clause shall mean compliance with an instruction from the "rchitect or compliance with a direction or an order from
a Statutory or Boernmental body#
$$ 2ails to proceed regularly and diligently with the Works#
$$$ refuses or neglects to comply with a written notice from the "rchitect re!uiring him to remoe or to remedy defectie
work, improper materials or goods and by such refusal or neglect the progress of the Works is materially affected#
$> fails to comply with the proisions in Clause 3+#
> has abandoned the Contract#
>$ has persistently refused or failed to comply with a written instruction from the "rchitect#
25)#2 D9.924-5+.-05 01 E48,0/495. 01 C05.2+;.02
The "rchitect may then gie the Contractor notice by registered post or recorded deliery specifying the default subject to that
such notice is not gien unreasonably or e*atiously# $f the Contractor continues with such default for fourteen (3/) days after
receipt of such notice or at any time thereafter repeat such default (whether preiously repeated or not), then the -mployer may
within ten (3') days after such continuance or repetition by letter sent by registered post or recorded deliery forthwith
determine the employment of the Contractor under this Contract#
25)#3 C05.2+;.02 >9;04-5= B+532*8. ETC
$n the eent of the Contractor becoming bankrupt or making a composition arrangement with his creditors or hae a winding up
order made or (e*cept for purposes of reconstruction or amalgamation) a resolution for oluntary winding up passed or haing
a li!uidator or receier or manager of his business or undertaking duly appointed or haing possession taken by or on behalf of
the holders of any debentures secured by a floating charge or of any property comprised in or subject to the floating charge, the
employment of the Contractor under this Contract shall be forthwith automatically determined but the said employment may be
reinstated and continued with the agreement of the -mployer and the Contractor, his trustee in bankruptcy, li!uidator, receier
or manager as the case may be#
25)#4 R-=7.6 +5: D*.-96 01 E48,0/92 +5: C05.2+;.02 05 D9.924-5+.-05 01 E48,0/495. 01 C05.2+;.02
$n the eent that the employment of the Contractor is determined under Clauses &)#'3, &)#'& or &)#'( and so long as it has not
been reinstated and continued the following shall be the respectie rights and duties of the -mployer and the Contractor6
$ The Contractor shall acate the site and return site possession to the -mployer who may employ and pay other persons
to carry out and complete the Works# De or they may enter upon the Works and use all temporary buildings, plant, tools
e!uipment, materials and goods that belong to the Contractor intended for and deliered to and placed on or adjacent
to the Works, and may purchase all materials and goods necessary for the carrying out and completion of the Works#
$$ The Contractor shall, if so re!uired by the -mployer or "rchitect, within fourteen (3/) days of the date of determination,
assign to the -mployer without payment the benefit of any agreement for the supply of materials or goods and%or for the
e*ecution of any work for the purposes of this Contract but on the terms that a supplier or sub9contractor shall be
entitled to make any reasonable objection to any further assignment thereof by the -mployer# $n any case the -mployer
may pay any supplier or sub9contractor for any materials or goods deliered or works e*ecuted for the purposes of this
Contract (whether before or after the date of determination) in so far as the price thereof has not already been paid by
the Contractor# The -mployer,s rights under this paragraph are in addition to his rights to pay 8ominated Sub9
Contractors as proided in Clause &+#'/ and payments made under this paragraph may be deducted from any sum due
or to become due to the Contractor#
$$$ The Contractor when re!uired in writing by the "rchitect to do so, (but not before) shall remoe from the Works any
temporary buildings, plants, tools, e!uipment, materials or goods belonging to or hired by him# $f within a reasonable
time after any such re!uirements has been made to the Contractor and he has not complied therewith, then the
-mployer may (but without being responsible for any loss or damage) remoe and sell any such property belonging to
the Contractor and hold the proceeds less all costs incurred to the credit of the Contractor#
$> The Contractor shall allow or pay to the -mployer in the manned hereinafter appearing the amount of loss caused to
the -mployer by the determination# .ntil after the completion of the works under sub9clause &)#'/ (i), the -mployer
shall not be bound by any proision in this contract to make any further payment to the Contractor, but upon such
completion and erification of the accounts within a reasonable time the "rchitect shall certify the amount of e*pense
properly and actually incurred by the -mployer and the amount of any loss caused to the -mployer by the
determination and, if such amounts added to the monies paid to the Contractor before the date of determination e*ceed
the total amount which would hae been payable on completion in accordance with this Contract, the difference shall be
a debt payable to the -mployer by the Contractor1 and if the said amounts when added to the said monies be less than
the said total amount, the difference shall be a debt payable by the -mployer to the Contractor#
26)#1 D91+*,.6 >/ E48,0/92
The Contractor may determine the Contract without prejudice to any other rights and remedies which he may possess, if6
$ the -mployer does not pay the Contractor the amount due on any certificate within the 0eriod for Donouring Certificates
named in the "ppendi* and continues such default for seen (+) days after receipt by registered post or recorded
deliery of a notice of determination from the Contractor stating that if payment is not made within seen (+) days from
receipt of the notice of determination, determination under this Clause may be e*ercised# Then, the Contractor may be
letter sent by registered post or recorded deliery to the -mployer or the "rchitect, forthwith determine his employment
under the Contract#
$$ the -mployer improperly or fraudulently interferes with or influences or obstructs the issue of any certificate by the
"rchitect, or there is fraudulent collusion between the -mployer and the "rchitect1 or
$$$ the -mployer becomes bankrupt or makes a composition or arrangement with his creditors or has a winding up order
made or (e*cept for the purposes of reconstruction or amalgamation) a resolution for oluntary winding up passed or a
receier or manager of his business or undertaking is duly appointed or possession is taken by or on behalf of the
holders of any debentures secured by a floating charge, or any property comprised in or subject to the floating charge1
or
$> the carrying out of the whole of the remaining Works (other than the e*ecution of work re!uired under Clause 3)) is
suspended for a continuous period of time named in the "ppendi* by reason of6
" "rchitect,s instructions issued under Clauses 3#'&, 33#'3 or &3#'/1
< the Contractor not haing receied in due time necessary instructions, drawings, details or leels from the
"rchitect for which he had specifically applied in writing on a date which haing regard to the Date for
Completion stated in the "ppendi* or to any e*tension of time fi*ed under Clause &( or sub9clause (&#'3 (iii)
was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to
receie the same1 or
C delay on the part of artists, tradesmen or others engaged by the -mployer in e*ecuting work not forming part of
this Contract1 or
D the opening up for inspection of any work coered up or the testing of any work, materials of goods in
accordance with Clause ;#'(, (including making good in conse!uence of such opening up or testing) unless the
inspection or test showed that the work, materials or goods were not in accordance with this Contract#
Then the Contractor may by notice by registered post or recorded deliery to the -mployer or "rchitect forthwith determine the
employment of the Contractor under this Contract1 proided that such notice shall not be gien unreasonably or e*atiously#
26)#2 R-=7.6 +5: L-+>-,-.-96 *805 D9.924-5+.-05 >/ C05.2+;.02
.pon such determination, then without prejudice to the accrued rights of either party or to any liability of the classes mentioned
in Clause 3@ which may accrue either before the Contractor or any sub9contractors shall hae remoed his or their temporary
buildings, plant, tools, e!uipment, materials or goods or by reason of his or their so remoing the same, the respectie rights
and liabilities of the Contractor and the -mployer shall be as follows
$ the Contractor shall with all reasonable dispatch and in such manner and with such precautions as will preent injury,
death or damage of the classes in respect of which before the date of determination he was liable to indemnify the
-mployer under Clause 3@ remoe from the site all his temporary buildings, plant, tools, e!uipment, materials and
goods and shall gie facilities for his sub9contractors to do the same, but always subject to the proisions of sub9clause
&;#'& (ii) (d)#
$$ "fter taking into account amounts preiously paid under this Contract, the Contractor shall be paid by the -mployer#
" the total alue of work completed at the date of determination#
< the total alue of work begun and e*ecuted but not completed at the date of determination, the alue being
ascertained in accordance with Clause 33#') as if such work were a >ariation re!uired by the "rchitect#
C any sum ascertained in respect of direct loss and%or e*pense under Clauses 33#';, &/ and ((#'& (whether
ascertained before or after the date of determination)#
D the cost of materials or goods properly ordered for the Works for which the Contractor had paid or for which the
Contractor is legally bound to pay, and on such payment by the -mployer any materials or goods so paid shall
become the property of the -mployer#
- the reasonable cost of remoal under sub9clause &;#'& (i)#
2 any direct loss and%or damage caused to the Contractor by the determination#
26)#3 E
$n addition to all other remedies the Contractor upon such determination may take possession of and shall hae a lien upon all
unfi*ed materials and goods which may hae become the property of the -mployer under Clause 3/ until payment of all
monies due to the Contractor from the -mployer#
2)#1 EA895:-.*29 01 P20<-6-05+, +5: P2-49 C06. BPCC S*46
The following proisions shall apply where prime cost sums are included in the Contract or arise as a result of "rchitect,s
instructions gien in regard to the e*penditure of proisional sums in respect of persons or companies to be nominated by the
"rchitect to supply and fi* materials or goods or to e*ecute work6
$ Such sums shall be e*pended in faour of such persons or companies as the "rchitect shall instruct, and all such
persons or companies who are nominated by the "rchitect are hereby declared to be =8ominated Sub9Contractors?
employed by the Contractor#
2)#2 N04-5+.-05 01 504-5+.9: S*>&C05.2+;.02
The "rchitect shall not nominate any person or company as a 8ominated Sub9Contractor against whom the Contractor makes
reasonable objection, or (e*cept where the "rchitect and Contractor otherwise agree) who will not enter into a sub9contract
which proides (inter alia)6
I O>,-=+.-056 01 504-5+.9: S*>&C05.2+;.02
That the 8ominated Sub9Contractor carry out and complete the sub9contract works in eery respect to the reasonable
satisfaction of the Contractor and the "rchitect and in conformity with all reasonable directions and re!uirements of the
Contractor#
II E
That the 8ominated Sub9Contractor obsere, perform and comply with all the proisions of this Contract which the
Contractor is obliged to perform and comply with (other than Clause &'#'3 if applicable) so far as they relate and apply
to the sub9contract works or to any portion of it#
III E
That the 8ominated Sub9Contractor indemnifies the Contractor against the same liabilities in respect of the sub9contract
works as those for which the Contractor is liable to indemnify the -mployer under this Contract#
IV E
That the 8ominated Sub9Contractor indemnifies the Contractor against claims in respect of any negligence, omission or
default of such sub9contractor
V E
That the sub9contract works be completed within the period or (where they are to be completed in parts) periods therein
specified, that the Contractor shall not without the written consent of the "rchitect grant any e*tension of time for
completion of the sub9contract works or any part thereof, and that the Contractor shall inform the "rchitect of any
representation made by the 8ominated Sub9Contractor as to the cause of any delay in the progress or completion of
the sub9contract works or of any part thereof#
VI E
That if the 8ominated Sub9Contractor fails to complete the sub9contract works or (where the sub9contract works are to
be completed in parts) any part thereof within the period specified or within any e*tended time granted by the
Contractor with the written consent of the "rchitect, and the "rchitect certifies in writing to the Contractor that the same
ought reasonably so to hae been completed, the 8ominated Sub9Contractor shall pay or allow to the Contractor either
a sum calculated at the rate therein agreed as 4i!uidated and "scertained Damages for the period during which the
said works, or any part thereof, as the case may be, remain or hae remained incomplete or (where no such rate had
been agreed) a sum e!uialent to any loss and%or damage suffered or incurred by the Contractor and caused by the
failure of the 8ominated Sub9Contractor as aforesaid#
VII E
That payment in respect of any work, materials or goods comprised in the sub9contract shall be made within fourteen
(3/) days after receipt by the Contractor of the "rchitect,s certificate under Clause (' which states as due an amount
calculated by including the total alue of such work, materials or goods, and shall when due, be subject to the retention
by the Contractor of sums mentioned in sub9clause &;#& (>$$$)#
VIII E
That the Contractor shall retain from the sum, directed by the "rchitect as haing been including in the calculation of the
amount stated as due in any certificate issued under Clause (' in respect of the total alue of works, materials or goods
e*ecuted or supplied by the 8ominated Sub9Contractor the percentage of such alue named in the "ppendi* as
0ercentage of Certified >alue 5etained up to a total amount not e*ceeding a sum which bears the same ratio to the
sub9contract price as the unreduced sum named in the "ppendi* as 4imit of 5etention 2und bears to the Contract Sum1
and that the Contractor,s interest in any sums so retained (by whomsoeer held) shall be fiduciary as trustee for the
8ominated Sub9Contractor but without obligation to inest1 and that the 8ominated Sub9Contractor,s beneficial interest
in such sums shall be subject only to the right of the Contractor to hae recourse thereto from time to time for payment
of any amount which he is entitled under the sub9contractor to deduct from any sum due or to become due to the
8ominated Sub9Contractor1 and that if and when such sums or any part thereof are released to the 8ominated Sub9
Contractor they shall be paid in full#
I% E
That the "rchitect and his representaties shall hae the right of access to the workshops and other places of the
8ominated Sub9Contractor as mentioned in Clause E
2)#3 P+/495. >/ C05.2+;.02 .0 504-5+.9: S*>&C05.2+;.02
The "rchitect shall direct the Contractor as to the total alue of the work, materials or goods e*ecuted or supplied by a
8ominated Sub'Contractor included in the calculation of the amount stated to be due in any certificate issued under Clause ('
and shall forthwith inform the 8ominated Sub9Contractor in writing of the amount of the said total alue# The sum representing
such total alue shall be paid by the Contractor to the 8ominated Sub9Contractor within fourteen (3/) days of receiing from the
"rchitect the certificate less any retention money which the Contractor may be entitled to deduct under the terms of the contract
and less any sum to which the Contractor may be entitled in respect of delay in the completion of the of the sub9contract works
or any part thereof#
2)#4 F+-,*29 01 C05.2+;.02 .0 P+/ 504-5+.9: S*>&C05.2+;.026
The "rchitect, at any time before the issuance of the 2inal Certificate, may re!uest the Contractor to furnish to him reasonable
proof that all amounts stated as due and included in the preious certificates in respect of the total alue of the work e*ecuted,
materials or goods supplied by the 8ominated Sub9Contractor hae been discharged# $f the Contractor fails to comply with any
such re!uest, the "rchitect may issue a certificate to that effect and thereupon the -mployer may himself pay such amounts to
any 8ominated Sub9Contractor concerned and deduct the same from any sums due or to become due to the Contractor# When
the "rchitect is of the opinion that it is appropriate to do so, he may issue the aforesaid certificate irrespectie of whether or not
an $nterim Certificate under Clause (' us due for issuance#
2)#5 F+-,*29 01 504-5+.9: S*>&C05.2+;.026 .0 C048,9.9
The Contractor shall not grant to any 8ominated Sub9Contractor any e*tension of time within which the sub9contract works or
(where the sub9contract works are to be completed in parts) any part thereof is to be completed without the written approal of
the "rchitect# The Contractor shall inform the "rchitect of any representations made by any 8ominated Sub9Contractor as to the
cause of any delay in the progress or completion of the sub9contract works or any part thereof, and the approal of the "rchitect
shall not be unreasonably withheld#
I E
$f any 8ominated Sub9Contractor fails to complete the sub9contract works or (where the sub9contract works are to be
completed in parts) any part thereof within the time stated in the sub9contract or within any e*tended time granted by
the Contractor, with the written approal of the "rchitect, then if the same ought reasonably so to hae been completed,
the "rchitect shall certify in writing accordingly1 immediately upon issue the "rchitect shall send a duplicate of any such
certificate to the 8ominated Sub9Contractor#
2)#6 F-5+, P+/495. .0 504-5+.9: S*>&C05.2+;.026 >91029 F-5+, P+/495. .0 C05.2+;.02
$f the "rchitect wishes to make final payment to any 8ominated Sub9Contractor before final payment is due to the Contractor,
and if the 8ominated Sub9Contractor has satisfactorily indemnified the Contractor against any latent defects, then the "rchitect
may in an $nterim Certificate include an amount to coer the said final payment, and thereupon the Contractor shall pay to such
8ominated Sub9Contractor the amount so certified# .pon such final payment, the amount stated in the "ppendi* as 4imit of
5etention 2und shall be reduced by the sum which bears the same ratio to the said amount as does such sub9contract price to
the Contract Sum and e*cept for latent defects the Contractor shall be discharged from all liability for the work, materials or
goods e*ecuted or supplied by such 8ominated Sub9Contractor under the sub9contract#
2)# E48,0/92 50. -5 +5/ ?+/ L-+>,9 .0 .79 C05.2+;.02 02 +5/ 504-5+.9: S*>&C05.2+;.026
The Contractor shall be fully responsible for all 8ominated Sub9Contractors or Suppliers, and for any default or breach of
contract on their part and the -mployer shall in no circumstances be liable to the Contractor# 8either the e*istence nor the
e*ercise of the foregoing powers nor anything else contained in these Conditions shall render the -mployer in any way liable to
any 8ominated Sub9Contractor#
2)#! C05.2+;.02 67+,, >9 8924-..9: .0 T95:92 102 PC S*46
Where the Contractor in the ordinary course of his business directly carries out works for which proisional or prime cost sums
are included in the Contract <ills and where items of such works are set out in the "ppendi* and the "rchitect is prepared to
receie tenders from the Contractor for such items, then the Contractor shall be permitted to tender for the same or any of them
but without prejudice to the -mployer,s rights to reject the lowest or any tender# $f the Contractor,s tender is accepted, he shall
not sub9let the work or any part thereof without the approal of the "rchitect#
$ Where a prime cost sum arises under the "rchitect,s instructions issued under Clause 33#'( it shall be deemed for the
0urposes of this Clause to hae been included in the Contract <ills and the item of work to which it relates shall likewise
be deemed to hae been set out in the "ppendi*#
$$ $t shall be a condition of any tender accepted under this Clause that Clause 33#'( shall apply in respect of the items of
work included in the tender as if for the reference therein to the Contract Drawings and the Specification there were
references to the e!uialent documents included in or referred to in the tender
2!)#1 EA895:-.*29 01 P20<-6-05+, S*46 02 P2-49 C06. S*46
The following proisions of this Condition shall apply where prime cost sums are included in the Specification or arise as a
result of the "rchitect,s instructions gien in regard to the e*penditure of proisional sums, in respect of any materials or goods
to be fi*ed by the Contractor#
2!)#2 M9+5-5= 01 P2-49 C06.
The term prime cost when included or arising as aforesaid shall mean the net cost to be defrayed as prime cost after deducting
any trade or other discount and shall include the cost of packing, carriage and deliery# Where in the opinion of the "rchitect the
Contractor has incurred e*pense for special packing and%or special carriage, such special e*pense shall be allowed as part of
the sums actually paid by the Contractor and added to the Contract Sum#
2!)#3 D91-5-.-05 01 504-5+.9: S*88,-926 +5: T79-2 O>,-=+.-056
"ll specialists, merchants, tradesmen or others who are nominated by the "rchitect to supply materials or goods to the
Contractor are referred to as =8ominated Suppliers?# The "rchitect shall not (e*cept where the "rchitect and Contractor agree
otherwise) nominate as supplier a person or company who will not enter into a contract of sale which proides (inter alia)6
$ that the materials or goods to be supplied shall be to the reasonable satisfaction of the "rchitect#
$$ that the 8ominated Supplier shall make good by replacement or otherwise any defects in the materials or goods
supplied which appear within such period as is therein mentioned and shall bear any e*penses reasonably incurred by
the Contractor as a direct conse!uence of such defects e*cept where the materials or goods hae been used or fi*ed
and the defects are not such that e*amination by the Contractor ought to hae reealed them before using or fi*ing or
where such defects are due solely to defectie workmanship or materials in the goods supplied and not hae been
caused by improper storage by the Contractor or by misuse or by any act or neglect of either the Contractor, the
"rchitect or the -mployer or by any person or persons for whom they may be responsible#
$$$ that the deliery of the materials or goods supplied shall commence an be completed at such times as the Contractor
may reasonably direct#
2!)#4 P+/495. 102 M+.92-+,6 +5: G00:6 >/ C05.2+;.02
The Contractor shall pay in full for materials or goods supplied by a 8ominated Supplier within (' days of the end of the month
during which deliery is made#
2")#1 EA9;*.-05 01 W023 50. F024-5= P+2. 01 C05.2+;.
The Contractor shall permit the e*ecution of work not forming part of this Contract by artists, tradesmen or others engaged by
the -mployer# -ery such person shall, for the purposes of Clause 3@ be deemed to be a person for whom the -mployer is
responsible and not to be a sub9contractor#
3#)#1 I66*9 01 A2;7-.9;.6 C92.-1-;+.96
Certificates to be issued by the "rchitect under these Conditions shall be issued to the Contractor with a copy to the -mployer#
The "rchitect may, by any certificate correct any error or discrepancy which has been discoered in any preious certificate, or
may modify any preious certificate, other than a Certificate of 0ractical Completion of the 2inal Certificate, which has been
issued by him#
3#)#2 I66*9 01 I5.92-4 C92.-1-;+.96
During the 0eriod of $nterim Certificates stated in the "ppendi*, the Contractor shall submit details and particulars to the
"rchitect, sufficient for the "rchitect to consider and ascertain the amount to be stated in an $nterim Certificate# .pon receipt of
the Contractor,s details and particulars, the "rchitect shall issue an $nterim Certificate to the Contractor with a copy to the
-mployer, and the Contractor shall be entitled to payment thereafter within the 0eriod of Donouring Certificates stated in the
"ppendi*# 0roided always that the "rchitect shall hae the discretion to make interim aluations wheneer he considers
necessary for ascertaining the amount to be stated as due in an $nterim Certificate#
3#)#3 A40*5. :*9 -5 I5.92-4 C92.-1-;+.96
The amount stated as due in an $nterim Certificate shall, subject to any agreement between the parties as to stage payments,
be the total alue of the work properly e*ecuted and where the Contractor had paid to the supplier the full cost of the materials
and goods deliered to or adjacent to the Works for use thereon up to and including a date not more than seen (+) days before
the date of the said certificate less any amount which may be retained by the -mployer (as proided in Clause ('#'/) and less
any instalments preiously certified under the Conditions# The certificate shall only include the alue of the said materials and
goods from such time as they are reasonably, properly and not prematurely brought to or placed adjacent to the Works and
then only if ade!uately protected against weather or other casualties#
I N0 E5.-.,9495. .0 S9.&O11 >/ E48,0/92 -5 R9689;. 01 A40*5. 6.+.9: -5 I5.92-4 C92.-1-;+.96
.nless otherwise e*pressly proided in these Conditions, the -mployer shall not be entitled to withhold or deduct any
amount certified as due under any "rchitect,s certificates by reason of any claims to set9off or counterclaims or
allegation of defectie works, materials or goods or for any other reasons whatsoeer which he may purport to e*cuse
him from making payments of the amount stated to be due in an $nterim Certificate#
II D-68*.96 02 D-119295;96 -5 R9689;. 01 R-=7. .0 S9.&O11, ETC .0 >9 2919229: .0 A2>-.2+.-05
$n the eent of any disputes or differences as to any rights of the -mployer to set off or to any counterclaims or any
allegation of defectie works, materials or goods or for any other reasons then such disputes or differences shall be
referred to an arbitrator for judgement under Clause (/#
3#)#4 C92.-1-9: V+,*9 29.+-59:
The -mployer may retain the percentage of the total alue of the work, materials and goods referred to in Clause ('#'( which
is stated in the "ppendi* as 0ercentage of Certified >alue 5etained# When the sum of the amounts so retained e!uals the
amount stated in the "ppendi* as 4imit of 5etention 2und or that amount as reduced in pursuance of sub9clauses 3;#'3 (i)
and 3;#'3 (ii) and%or Clause &+#'; as the case may be, then no further amounts shall be retained by irtue of this Clause#
3#)#5 R*,96 R9=+2:-5= R9.95.-05 F*5:
The amount retained by irtue of Clause ('#'/ shall be subjected to the following rules6
I E48,0/926 I5.9296. -5 R9.95.-05 F*5: 67+,, >9 F-:*;-+2/ +6 T2*6.99
The -mployer,s interest in any amount so retained shall be fiduciary as trustee for the Contractor (but without obligation
to inest) and the Contractor,s beneficial interest therein shall be subject only to the right of the -mployer to hae
recourse thereto from time to time for payment of any amount as the "rchitect may certify that he is entitled under the
proisions of this Contract to deduct from such sum due or to become due to the Contractor#
II C05.2+;.02 .0 >9 -510249: -5 W2-.-5= 01 D9:*;.-05 1204 M05-96 :*9 02 .0 >9;049 :*9
When the -mployer e*ercises any right under this Contract to deduct from any monies due to or become due to the
Contractor he shall inform the Contractor in writing of the reason for that deduction#
III R9,9+69 01 O59 M0-9./ 01 R9.95.-05 F*5:
.pon the issue of the Certificate of 0ractical Completion the "rchitect shall issue a Certificate for the release of one
moiety of the total amount so retained and the Contractor shall be entitled to payment within the 0eriod for Donouring
Certificates stated in the "ppendi*#
IV R9,9+69 01 S9;05: M0-9./ 01 R9.95.-05 F*5:
Cn the e*piration of the Defects 4iability 0eriod stated in the "ppendi* or on the issue of the Certificate of Completion of
:aking Bood Defects, whicheer is the later, the "rchitect shall issue a Certificate for the residue of the amounts then
so retained and the Contractor shall be entitled to payment within the 0eriod of Donouring Certificates stated in the
"ppendi*#
3#)#6 C048,9.-05 01 M9+6*29495. +5: V+,*+.-05 +5: F-5+, C92.-1-;+.9
The measurement and aluation of the Works shall be completed within the 0eriod of 2inal :easurement and >aluation stated
in the "ppendi* and the "rchitect shall then issue a penultimate certificate of payment together with a copy of the summary of
the measurement and aluation not later than the end of the said period and before the issue of the 2inal Certificate under
Clause ('#'+#
I D0;*495.6 29@*-29: 102 C048*.-5=
-ither before or within si* (;) months after 0ractical Completion of the Works the Contractor shall send to the "rchitect
all documents necessary for the purposes of the computations re!uired by these Conditions including all documents
relating to accounts of 8ominated Sub9Contractors and 8ominated Suppliers#
II C048*.+.-05 01 C05.2+;. S*4
$n the settlement of accounts the amounts paid or payable under the appropriate sub9contracts by the Contractor to
8ominated Sub9Contractors or 8ominated Suppliers, the amount paid or payable by irtue of Clause /#'/ in respect of
fees or charges for which a proisional sum is included in the Contract <ills, the amounts paid or payable in respect of
any insurances maintained in compliance with Clause 3E#'(, the tender sum (or such other sum as is appropriate in
accordance with the terms of tender) for which a tender made under Clause (+#'@ is accepted and the alue of any
work e*ecuted by the Contractor for which a proisional sum is included in the Specification shall be set against the
releant prime cost or proisional sum stated in the Specification or arising under the "rchitect,s instructions issued
under Clause 33#'( as the case may be, and the balance, after allowing in all cases =pro rata? for the Contractor,s profit
at the rates shown in the Schedule of 5ates shall be added to or deducted from the Contract Sum# 8o deduction shall
be made in respect of any damages paid or allowed to the Contractor by any sub9contractor or supplier#
3#)# P20<-6-056 102 F-5+, C92.-1-;+.9
<efore the e*piration of three (() months from the end of the Defects 4iability 0eriod stated in the "ppendi* or from completion
of making good defects under Clause 3) or from receipt by the "rchitect of the documents referred to in sub9clause ('#'; (i)
whicheer is the later the "rchitect shall issue a 2inal Certificate which shall state6
$ the sum paid to the Contractor under $nterim Certificates and the amount stated in the "ppendi* as 4imit of 5etention
2und#
$$ the Contract Sum adjusted as necessary in accordance with the proision in these Conditions#
$$$ the difference, if any, between the two shall be e*pressed as a balance due to the Contractor from the -mployer or to
the -mployer from the Contractor as the case may be# Subject to any deductions authorised by these Conditions, the
balance as from fourteen E3/) days after the issue of the 2inal Certificate shall be a debt payable by the -mployer to
the Contractor or as the case may be from the Contractor to the -mployer#
3#)#! N0 C92.-1-;+.9 01 A2;7-.9;. 67+,, 01 -.69,1 >9 C05;,*6-<9 E<-:95;9
8o certificate of the "rchitect shall of itself be conclusie eidence that any work, materials or goods to which it relates are in
accordance with the Contract#
F$n the eent of outbreak of hostilities the parties may at any time by agreement between them make such further or other arrangements as
they think fit to meet the circumstances#
31)#1 D9.924-5+.-05 >/ E48,0/92 02 C05.2+;.02
$f during the currency of this Contract there is an outbreak of hostilities (whether war is declared or not) in which :alaysia is
inoled on a scale inoling the general mobilisation of the "rmed 2orces of he Boernment in the State or States of :alaysia
in which the Works are to be carried out then either the -mployer or Contractor may at any time by notice by registered post or
recorded deliery to the other forthwith determine the employment of the Contractor under this Contract#
31)#2 N0.-;96 01 D9.924-5+.-05
0roided always that such notice shall not be gien6
$ <efore the e*piration of twenty eight (&@) days from the date on which the order is gien for general mobilisation as
aforesaid1 or
$$ "fter 0ractical Completion of the Works unless the Works or any part thereof hae sustained war damage as defined in
Clause (&#'/
31)#3 A2;7-.9;.6 I56.2*;.-056 R9=+2:-5= P20.9;.-<9 W023
"fter a notice under Clause (3#'3 has been gien by the Contractor to the "rchitect or to the -mployer, the "rchitect may within
fourteen (3/) days issue instructions to the Contractor re!uiring the e*ecution of such protectie work as specified in the
instructions and the Contractor will comply with such instructions as if notice of determination had not been gien#
$f the Contractor for reasons beyond his control is preented from completing the works to which the said instruction relate
within three (() months from the date on which the instructions were issued he may abandon such work#
I P+/495. 296*,.-5= 1204 D9.924-5+.-05
.pon the e*piration of fourteen (3/) days from the date on which notice of determination has been gien by the
Contractor to the "rchitect or to the -mployer under Clause (3#'3 or where the works are re!uired by the "rchitect
under Clause (3#'( and upon completion or abandonment as the case may be of any such works, the proisions of
Clause (3#'( (e*cept sub9clause &;#'& (ii) (d) of these Conditions) shall apply and the Contractor shall be paid by the
-mployer the alue of any work e*ecuted pursuant to instruction gien under Clause (3#'(, the alue being ascertained
in accordance with Clause 33#') as if such works were a >ariation re!uired by the "rchitect#
32 WAR DAMAGE
32)#1 P20;9:*296 10,,0?-5= W+2 D+4+=9 .0 W0236, M+.92-+,6 +5: G00:6
$n the -ent of the Works or any part thereof or any unfi*ed materials or goods intended for, deliered to and placed on or
adjacent to the Works sustain war damage then not withstanding anything e*pressed or implied elsewhere in this Contract6
$ the occurrence of such war damage shall be disregarded in computing any amounts payable to the Contractor under or
by irtue of this Contract#
$$ the "rchitect may issue instructions re!uiring the Contractor to remoe and%or dispose of any debris and%or damaged
work and%or to e*ecute such protectie work as specified#
$$$ the Contractor shall reinstate or make good such war damage and shall proceed with the carrying out and completion of
the Works, and the "rchitect shall grant to the Contractor a fair and reasonable e*tension of time for the completion of
the Works#
$> the remoal and disposal of debris or damaged work, the e*ecution of protectie works and the reinstatement and
making good of such war damage shall be deemed to be a >ariation re!uired by the "rchitect#
32)#2 A2;7-.9;.6 I56.2*;.-056 +1.92 O;;*2295;9 01 W+2 D+4+=9
$f at any time after the occurrence of war damage under Clause (& the e*pression =protectie work? as used in the said Clause
shall be deemed to include any matters in respect of which the "rchitect can issue instructions under Clause (3#'( and sub9
clause (&#'3 (ii) and any instructions so issued prior to the date on which notice of determination is gien or receied by the
-mployer and which hae not been completely complied with shall be deemed to hae been gien under Clause (3#'(#
32)#3 E48,0/926 E5.-.,9495. .0 C048956+.-05 -5 R9689;. 01 W+2 D+4+=9
The -mployer shall be entitled to any compensation which may at any time become payable out of monies proided by
0arliament in respect of war damage sustained by the Works or any part thereof or any unfi*ed materials or goods intended for
the Works which shall at any time become the property of the -mployer#
32)#4 D91-5-.-05 01 W+2 D+4+=9
The e*pression =war damage? means6
$ damage occurring (whether accidentally or not) as the direct result of action taken by the enemy, or action taken in
combating the enemy or in repelling an imagined attack by the enemy#
$$ damage occurring (whether accidentally or not) as a direct result of measures taken under proper authority to aoid the
spreading of or otherwise to mitigate, the conse!uence of such damage as aforesaid#
$$$ accidental damage occurring as the direct result of any precautionary or preparatory measures taken under proper
authority with a iew to preenting or hindering the carrying out of any attack by the enemy or of precautionary or
preparatory measures inoling the doing of work on land and taken under proper authority in any way in anticipation of
enemy action being in either case measures inoling a substantial degree of risk to property1 proiding that the
measures mentioned do not include the imposing of restrictions on the display of lights or measures taken for training
purposes#
2or the purpose of this sub9condition, such action against the enemy is referred to in sub9clause (&#'/ (i) shall in
relation to any ship or aircraft taking part in such action, be deemed to continue until the ship or aircraft has returned to
base and includes naal, military or air reconnaissance and patrols#
33 ANTI$UITIES
33)#1 A5.-@*-.-96 ETC 10*5: .0 >9 P20892./ 01 E48,0/92
"ll fossils, anti!uities and other objects of interest or alue which may be found on the site or in e*caating the same during the
progress of the Works shall become the property of the -mployer# .pon discoery of such objects the Contractor shall forthwith
cease work and shall not disturb the object and take all necessary precautions to presere the object in the e*act position and
condition as it was discoered# De shall immediately notify the "rchitect or the Site Staff of the discoery and the "rchitect shall
issue releant instruction in this regard to what has to be done#
33)#2 C05.2+;.026 L066 +5:(02 EA89569 -5 C048,-+5;9 ?-.7 A2;7-.9;.6 I56.2*;.-056
$f in the opinion of the "rchitect compliance with his instructions in regards of what has to be done inoled the Contractor in
direct loss and%or e*pense for which he would not be reimbursed by a payment made under any other proision in this Contract
then the "rchitect shall ascertain the amount of such loss and%or e*pense and any amount from time to time so ascertained
shall be added to the Contract Sum# $f an $nterim Certificate is issued after the date of ascertainment any such amount shall be
added to the amount which would otherwise be stated as due in such certificate#
33)#3 C05.2+;.02 .0 6*>4-. 59;966+2/ D9.+-,6
The Contractor shall submit to the "rchitect of such details of such direct loss and%or e*pense as are reasonably necessary for
the ascertainment under sub9clause ((#'& of this Condition#
34 ARBITRATION
34)#1 D-68*.96 02 D-119295;96 .0 >9 2919229: .0 A2>-.2+.-05
$n the eent that any dispute or difference arises between the -mployer, or "rchitect on his behalf, and the Contractor, either
during the progress or after completion or abandonment of the Works regarding6
$ any matter or thing of whatsoeer nature arising there under or in connection therewith, including any mater or thing left
by this Contract to the discretion of the "rchitect1 or
$$ the withholding by the "rchitect of any certificate to which the Contractor may claim to be entitled to1 or
$$$ the measurement and aluation in sub9clause ('#') (i)1 or
$> the rights and liabilities of the parties under Clauses &), &;, (3, or (&1
> the unreasonable withholding of consent or agreement by the -mployer or the "rchitect on his behalf or by the
Contractor#
Then such disputes or differences shall be referred to arbitration#
34)#2 P20;9:*296 102 A880-5.495. 01 A2>-.2+.02
.pon the disputes or differences haing arisen then6
$ any part may sere written notice on the other party that such disputes or differences shall be referred to an arbitrator to
be agreed between the parties1 or
$$ failing agreement or absence of reply or reluctance to act by the other party then the party sering the written notice
may after the e*piration of fourteen (3/) days from the date of the notice to concur on the appointment of an "rbitrator,
apply to the 0resident or Deputy 0resident for the time being of 0ertubuhan "kitek :alaysia to appoint an arbitrator and
such arbitrator so appointed shall be deemed to be appointed with the agreement and consent of the parties to this
Contract#
34)#3 EA P+2.9 H9+2-5=
.pon appointment the "rbitrator shall, with despatch, initiate the arbitration proceedings following the proisions of the
"rbitration "ct 3E)& (5eised 3E+&) or any statutory modification or re9enactment thereof for the time being in force and the
0": "rbitration 5ules or any modification or reision thereof# The hearing may be held =e* parte? should either party, after
haing been gien proper notice, fail to attend#
34)#4 P0?926 01 A2>-.2+.02
The "rbitrator shall, without prejudice to the generality of his powers, hae power6
$ to rectify the Contract so that it accurately reflects the true agreement made by the -mployer and the Contractor1
$$ to direct such measurements and%or aluations as may in his opinion be desirable in order to determine the rights of the
parties1
$$$ to ascertain and award any sum which ought to hae been the subject of or included in any certificate1 and
$> to open up, reiew and reise any certificate, opinion, decision, re!uirement, or notice1 and
> to determine all matters in dispute submitted to him in the same manner as if no such certificate, opinion, decision,
re!uirement or notice had been gien#
>$ to award interest from such dates at such rates and with such rests as he thinks fit6
" on the whole of part of any amount awarded by him in respect of any period up to the date of the award1
< on the whole of part of any amount claimed in the arbitration and outstanding at the commencement of the
arbitral proceedings but paid before the award was made, in respect of any period up to the date of payment#
>$$ to award interest from the date of the award (or any later date) until payment, at such rates and with such rests as he
thinks fit on the outstanding amount of any award#
34)#5 O895-5= 01 A2>-.2+.-05 P20;99:-5=
Such references e*cept on "rticle ( of the "rticles of "greement or on6
$ the !uestion of whether or not the issue of an instruction is empowered by these Conditions1 or
$$ any dispute or difference under Clause (3 and (&1 or
$$$ whether or not a certificate has been improperly withheld or not in accordance with these Conditions1
Shall not be opened until after 0ractical Completion or alleged 0ractical Completion of the Works or termination or alleged
termination of the Contractor,s employment under this Contract, or abandonment of the Works, unless with the written consent
of the -mployer or the "rchitect on his behalf and the Contractor#
34)#6 A2>-.2+.026 A?+2: .0 >9 1-5+, +5: >-5:-5= 05 P+2.-96
The award of such "rbitrator shall be final and binding on the parties#
35 MEDIATION
35)#1 M9:-+.-05 *5:92 PAM R*,96
8otwithstanding Clause (/#'3 of the Conditions, upon the agreement of both the -mployer and the Contractor, the parties may
refer their dispute as to any matter arising under or out of or in connection with the carrying out of the Works and
whether in contract or in tort, or as to any direction or instruction or certificate of the "rchitect or as to contents of or
granting or refusal of or reasons for any such direction, instruction or certificate for mediation under the :ediation 5ules
of the 0ertubuhan "kitek :alaysia before a mediator to be appointed by the 0resident or Deputy 0resident for the time
being of 0ertubuhan "kitek :alaysia#
35)#2 P2-02 R919295;9 .0 M9:-+.-05 :096 50. P29D*:-;9 .79 P+2.-96 R-=7.6 .0 A2>-.2+.-05
2or the aoidance of doubt, prior reference of the dispute to mediation under Clause ()#'3 shall not be a condition precedent
for its reference to arbitration by either the Contractor or the -mployer, nor shall any of their rights to refer the dispute to
arbitration in pursuant to Clause (/ of the Conditions be in any way prejudiced or affected by this clause#

Conditions of Contract PAM v1998

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CONDITIONS OF CONTRACT

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