Agreement And Conditions of Ui GT Orie elas PRIVATE EDITION WITH QUANTITIES, ToaArticles Table of Contents Of Agreement Preliminary Recital Date of Agreement Parties to Agreement and Their Addresses The Nature ofthe Works and the Location The Architect ‘The Drawings and Bills of Quantities Articles Article 1 Contractor's Obligations Article 2 Contract Sum Article 3 Identity of Architect Article 4 Identity of Engineer and His Functions Stated Article 5 Identity of Quantity Surveyor and His Functions Stated Article 6 Identity of Specialist Consultant and His Functions Stated Article 7 Definitions Attestation/Signatories Of The Parties Conditions Of Contract Clause 0 1 2 Contractor's Obligations (Quality of Workmanship, Materials and Goods Discrepancy or Divergence Between Contract Documents Architect's Instructions Contractor to Comply with Architect's Instructions Failure of Contractor to Comply with Architect's Instructions Architect's Power to Issue Instructions Compliance with Architect's Instructions Instructions to Be in Writing 25(i) Architect's Instructions Not Given in Writing 25 (ii) __ Complying with Architect's Instructions Not Given in Writing Services of Notices and Architect's Instructions Contract Documents Contract Documents and Their Custody Copies of Documents Further Drawings or Details Works Programme ‘Work Programme Not Part or Incorporated into Contract Documents Contractor Not Relieved of Obligations or Responsibilities Availability of Documents Return of Documents. Limitation of Use of Documents As-built Drawings @ PageTable of Contents Conditions Of Contract Clause 4.0 ad 42 43 44 10.0 10.1 10.2 11.0 nd M2 113 4 us 116 17 12.0 121 122 123 13.0 131 132 133 14.0 141 142 143 144 Statutory Obligations, Notices, Fees And Charges Statutory Requirements Variations from Contract Drawings to Meet Statutory Requirements Conforming to Statutory Obligations Fees or Charge Levels And Setting Out Of The Works Tnaccurate Setting Out Materials, Goods And Workmanship To Conform To Description, Testing And Inspection ‘Standards of Works, Materials, Workmanship and Goods Production of Vouchers Inspection and Testing ‘Works, Materials, Workmanship and Goods Not in Accordance with Contract Failure of Contractors to Comply with Architect's Instruction Royalties And Patent Rights Indemnity 10 Employer Against Claims Exclusion of Contractor's Liability to Pay for Patent Rights Site Agent Site Agent and Assistants Instructions to Site Agent Exclusion of Persons Employed on the Works Access For Architect To The Works Access to Works for Architect or His Representative Site Statt Duty of Site Staff Directions Given by Site Staff Variations, Provisional And Prime Cost Sums Definition of Variation No Variation Required by Architect Shall Vitiate Contract ‘Architect's Instructions on Prime Cost (PC) and Provisional Sums ‘Valuation of Variations and Provisional Sums Rules for Valuation of Variations Valuation of Direct Loss andlor Expense Contractor to Submit Necessary Details Quality And Quantity Of The Works Quality and Quantity of the Works Provisions in Conditions to Prevail Correction of Enrors or Omissions Contract Sum ‘Summary of Tender Basis of Contract Sum Contract Sum Not Be Adjusted or Altered Schedule of Rates Materials And Goods Unfixed Or Off-Site Unfixed Materials or Goods Not to Be Removed Materials or Goods Paid for Becomes Employer's Property Contractor Cannot Remove Them Except for Use Upon the Works Contractor Responsible for Loss or Damage to Materials or Goods Page Gi)Table of Contents Conditions Of Contract Clause 15.0 15.1 152 153 154 16.0 16.1 17.0 171 172 18.0 18 182 19.0 19.1 19.2 19.3 19.4 19.5 20.0 20. Practical Completion And Defects Liability Centficate of Practical Completion Defects and Shrinkages Ete Making Good Defects Cerificate of Making Good Defects Partial Possession By Employer Possession of Relevant Part 16.1() Value of Relevant Part 16.1 (i) -__ Practical Completion and Defects Liability 16.1 (vii) of Relevant Part Value of Relevant Part Assignment Of Sub-Letting Consent Required to Assign Rights, Interests or Benefits ‘Sub-Letting Portion of Work Injury To Persons Or Property And Employers Indemnity Indemnity Against Claims on Employer - Injury or Death of Persons. Indemnity Against Claims on Employer for Injury to Property Insurance Against Injury To Persons And Property Contractor to Insure Against Injury to Persons and Property Evidence of Insurances Required Maintenance of Insurance Policies ‘Approval of Insurance Companies Contractor Default in Insurance Policy Insurance Of Works Against Fire, Ete Contractor's Risks - New Buildings 20.4.1 Approval of Insurers 20.A2 Maintenance of Insurance Policy 20.43 Restoration of Damaged Work 20.A.4 Payment for Damaged Work Insurance by Employer Maintenance of Policy Failure of Employer to Insure ‘Computing Amount of Loss or Damage Occasioned by Insured Risks Restoration of Damaged Work Employer's Risks - Existing Structures Maintenance of Insurance by Employer Failure of Employer to Insure Loss or Damage Occasioned by Insured Risks Date Of Commencement, Dates Of Commencement Given For Sections, Postponement And Completion Date Date of Commencement and Completion Date Dates of Commencement Given for Sections Different Completion Dates for Identified Sections or Parts of Work Postponement of Work Damages For Non-Completion Liquidated and Ascertained Damages (LAD) LAD Amount Deemed As Agreed Gi) PageTable of Contents Conditions Of Contract Clause 23.0 23.1 23.2 23.3 234 235 236 23.7 24.0 24.1 24.2 243 244 25.0 25.1 252 253 25.4 26.0 26.1 26.2 - 26.3 27.0 21 272 273 274 275- 75 (i) 21.6 207 278 28.0 28.1 28.2 283 28.4 29.0 29.1 30.0 30.1 30.2 Extension Of Time Notifying of Events Causing Delay ‘A Fair and Reasonable Extension of Time Time Limitation as to Giving Extension of Time Contractor to Prevent Delay Limitation in Fixing Completion Date Notification to Nominated Sub-Contractors Relevant Events Causing Delay for Which Extension of Time May be Given Loss And/Or Expense Caused By Disturbance Of Regular Progress Of Works Application to Ascertain Loss and/or Expense Circumstances Materially Affecting Progress of Works Ascertainment of Loss and/or Expense Amount Ascertained Added to Contract Sum Determination By Employer Defaults by Contractor Determination of Employment of Contractor Contractor Becoming Bankrupt Ete Rights and Duties of Employer and Contractor on Determination of Employment of Contractor Determination By Contractor Defaults by Employer Rights and Liabilities Upon Determination by Contractor Nominated Sub-Contractors Expenditure of Provisional and Prime Cost (PC) Sums Nomination of Nominated Sub-Contractor 27.2 @) -27.2 (ix). Obligations of Nominated Sub-Contractor Payment by Contractor to Nominated Sub-Contractors alure of Contractor to Pay Nominated Sub-Contractors Failure of Nominated Sub Contractors to Complete Final Payment to Nominated Sub-Contractors Before Final Payment to Contractor Employer Not in Any Way Liable to the Contractor or Any Nominated Sub-Contractors Contractor Shall be Permitted to Tender for PC Sums, Nominated Suppliers Expenditure of Provisional Sums or Prime Cost Sums. Meaning of Prime Cost Definition of Nominated Suppliers and Their Obligations Payment for Materials and Goods by Contractor Artists And Tradesmen Execution of Work Not Forming Part of Contract, Certificates And Payment Issue of Architect’s Certificates Issue of Interim Certificates iv) PageTable of Contents Conditions Of Contract Clause 303 304 305 30.6 30.7 30.8 31.0 311 312 313 32.0 32.1 32.2 323, 32.4 33.0 33.1 33.2 333 34.0 34.1 34.2 343 34a 345 346 35.0 35.1 35.1 Amount Due in Interim Certificates 303 (i) No Entitlement to Set-Off by Employer in Respect cof Amount Stated in Interim Certificates 30.3 (i) Disputes or Differences in Respect of Right to Set-Off, Ete to be Referred to Arbitration Cenitied Value Retained Rules Regarding Retention Fund 30.5 (@) Employer's Interest in Retention Fund Shall be Fiduciary as Trustee 305 (i) Contractor to be Informed in Writing of Deduction from Monies Due or to Become Due 30.5 (ii) Release of One Moiety of Retention Fund 30.5 (iv) Release of Second Moiety of Retention Fund Completion of Measurement and Valuation and Final Certificate 30.64i) Documents Required for Computing 30.6 (ii) Computation of Contract Sum Provisions for Final Certificate No Certificate of Architect Shall of Itself be Conclusive Evidence Outbreak Of Hostilities Determination by Employer or Contractor Notices of Determination Architect's Instructions Regarding Protective Work 31.3(@) Payment Resulting from Determination War Damage Procedures Following War Damage to Works, Materials and Goods Architect's {nstructions After Occurrence of War Damage Employer's Entitlement to Compensation in Respect of War Damage Definition of War Damage Antiquities Antiquities Ete Found to be Property of Employer Contractor's Loss and/or Expense in Compliance with Architect's Instructions, Contractor to Submit Necessary Details Arbitration Disputes or Differences to be Referred to Arbitration Procedures for Appointment of Arbitrator Ex Parte Hearing Powers of Arbitrator Opening of Arbitration Proceeding Asbitrator's Award to be Final and Binding on Parties, Mediation Mediation Under PAM Rules Prior Reference to Mediation Does Not Prejudice the Parties Rights to Arbitration Appendix w PagePRIVATE EDITION (WITH QUANTITIES) Articles Of Agreement ‘This Agreement is made on the .. eves day of between, of (or whose registered office is situated at) . (hereinafter called ‘the Employer’) of the first part and of (or whose registered office is situated at) ... (hereinafter called ‘the Contractor’) of the second part. Whereas ‘The Employer is desirous of “? ... (hereinafter called ‘the Works’) at and has caused Drawings and Bills of Quantities showing and describing the work to be done to be prepared by or under the direction of hhis Architect of. “This agreement must be duly stamped in accordance with the laws applicable in that part of Malaysia in which the agreement f ‘made and in that part of Malaysia in which the Works are to be carried out if different from the place in which the contract made. ©) State the nature of the Works.WHEREAS the Contractor has supplied the Employer with a fully priced copy of the ssid Bills of Quantities (which copy is hereinafter refemed to as ‘the Contract Bills’) AND WHEREAS the said Drawings numbered bere : inclusive (hereinafter referred 1 as ‘the Contract Drawings) and the Contract Bills have been signed by or on behalf of the partes hereto. Now it is hereby agreed as follows: Article 1 For the consideration hereinafter mentioned the Contractor will upon and subject 10 the Contract Documents carry out and complete the Works shown upon and described by or referred to in those Documents. Article 2 ‘The Employer will pay the Contractor the sum of (RM ) (hereinafter referred to as ‘the Contract Sum’) or such other sum. as shall become payable hereunder atthe times and in the manner specified in the Conditions. Article 3 ‘The term ‘the Architect’ in the Conditions shall mean the said .. of. or in the event of his death or ceasing to be the Architect forthe purpose of this Contract, such other person as the Employer shall nominate and appoint within 28 days a succeeding Architect for that purpose, not being a person to whom the Contractor shall object for reasons considered to be sufficient by an Arbitrator appointed in accordance with Clause 34.0 of the Conditions. Provided always that no person subsequently appointed to be the Architect under ‘his Contract shall be entitled to disregard or overrule any certificate or opinion or decision or approval or instruction given or expressed by the Architect for the time being. Contractor's Obligations Contract Sum ArchitectEngineer Role of Engineer Quantity Surveyor Role of Quantity Surveyor Article 4 ‘The term the Engineer’ in the Conditions shall mean: @ of (} of or in the event of his death or ceasing to be the Engineer forthe purpose of this Contract, such other person as the Employer shall nominate and appoint within 28 days « succeeding Engineer for that purpose, not being a person to whom the Contractor shall object for reasons considered to be sufficient by an Arbitrator appointed in accordance with Clause 34.0 of the Conditions. ‘The Engineer shall assist the Architect with specialist engineering works relating to structural and civil works, mechanical and electrical works or any other engineering works as may be required by the Architect under the provisions of the Contract. Article 5 ‘The term ‘the Quantity Surveyor’ in the Conditions shall mean ... of . or in the event of his death or ceasing to be the Quantity Surveyor for the purpose of this Contract such other person as the Employer shall nominate and appoint within 28 days a succeeding Quantity Surveyor for that purpose, not being a person to whom the Contractor shall object for reasons considered to be sufficient by an Arbitrator appointed in accordance with Clause 34.0 of the Conditions. ‘The Quantity Surveyor shall assist the Architect in the measuring and valuation of the work, materials and goods, fixed or unfixed, brought to or adjacent to the site and such other valuations as may be required by the Architect under the provisions of the ContractArticle 6 ‘The term ‘the Specialist Consultant’ in the Conditions shall mean of orin the event of his death or ceasing 10 be the Specialist Consultant for the purpose of this Contract, such other person as the Employer sball nominate and appoint within 28 days a succeeding Specialist Consultant fr that purpose, not being a person to whom the Contractor shall object for reasons considered to be sufficient by an Arbitrator appointed in accordance with Clause 34.0 of the Conditions ‘The Specialist Consultant shall assist the Architect with specialist works as may be required by the Architect under the provisions of the Contract Article 7 In the Contract Documents as hereafter defined, the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires: a) “Employer” means the party named in the first part of the Articles of Agreement. 'b) Contractor” means the person, firm or company named in the second part of the Articles of Agreement, whose tender has been accepted by the Employer. © “Architect” means the Architect registered with the Board of Architects Malaysia and designated as such in Article 3 ofthe Articles of Agreement, 4) “Engineee” means the Engineers registered with the Board of Engineers Malaysia and designated as such in Arle 4 ofthe Articles of Agreement. © “Quantity Surveyor” means the Quantity Surveyor registered with the Board of Surveyors Malaysia and designated as such in Article 5 of the Articles of Agreement. 1) “Specialist Consultant” means the Consultants registered with their respective statutory Boards and/or Professional Institutes in Malaysia and designated as such in Article 6 of the Anicles of Agreement. Specialist Consultant Role of Specialist Consultant Definitions2 » d ® m) ”) °) » “Site” means the Site designated as such in the Articles of Agreement and includes the land of other places on, under. in or through which the Works are to be executed and any fother land of places provided by the Employer as may be specifically stated in the Contract Documents as forming part of the Site, “Works” means the Works referred to in the Articles of Agreement and is the whole of the ‘materials, labour, plant and other things necessary and requisite for the proper execution of the Contract as shown on the Contract Drawings and described by or referred to in the Contract Bills and the Conditions Contract" or “Contract Documents” means the Articles of Agreement, Summary of ‘Tender, Form of Tender, Letter of Acceptance, Conditions of Contract, Contract Drawings, Specifications, Contract Bills and Appendices. “Conditions” means the Conditions of Contract. “Contract Sum” means the sum stated in the Letter of Acceptance and in the Articles of Agreement, “Contract Drawings” means the drawings listed in the Articles of Agreement and set out in the Appendix to the Contract Bills. “Contract Bills” means the Contract Bills referred to in the Articles of Agreement, comprising: i) Instructions to Tenderers. ii) Form of Tender and Conditions of Tendering Specification To All Trades incorporating Trade Preambles and Specification. iv) Preliminaries and Generally ¥) Measured Works, Provisional and Prime Cost Sums and Final Summary. vi) Appendices, including inter alia the Letter of Acceptance. “Approved” means approved in writing by the Architect, including subsequent written confirmation of previous verbal approval, and approval means approval in writing, including as aforesaid “Instructed” means instructed by means of drawings, correspondence or other documents issued by the Architect. “Directed” means directed in writing by the Architect or his authorised representative. “Satisfactory” means to the reasonable satisfaction of the Architect. “Day” means calendar day, unless otherwise stated in the Conditions, and “month” shall mean calendar month, unless as aforesaidIN WITNESS WHEREOF "The hand of the Employer has been hereunto set the day and year first above written in the presence of; Signature Name * The Common Seal of .. was hereunto affixed in the presence of: Signature Name IN WITNESS WHEREOF + The hand of the Contractor has been hereunto set the day and year first above writen in the presence of: Signature Name * The Common Seal of was hereunto affixed in the presence of: Signature Name Director Delete as appropriate } Signature ) } Name Signature Name } Signature ) } Name Signature Name Director’Secretary® The aficing of the Common Seal be witnested in accordance with the Articles of Assocation of the Company.Materials and Dicrerancy Between Contract Documents Contractor to ‘Comply with ‘Architect's Tnstractions Failure of Contractor to Gompiy with ‘srenttect's instructions Architects Power to sue Instrtions with architect's Tnstrctions Instructions toneln Writing Architect's Tnstractions ‘Not Given in Waiting Comping Srith Artie’ Tstraction Not Givenin Writing Services of Rotiees une Architects ‘nstretions 1.0 24 22 23 24 25 26 The Conditions Of Contract Contractor's Oblig ‘The Contractor shall upon and subject to the Conditions carry out and complete the Works in accordance with the Contract Documents and in compliance therewith provide materials, goods and standards of workmanship of the quality and standard therein specified in every respect to the reasonable satisfaction of the Architect. The Contractor shall be fully responsible forthe adequacy, stability and safety of all site operations and methods of construction If the Contractor finds any discrepancy in or divergence between the Contract Drawings and/or the Contract Bills he shall immediately give to the Architect a written notice specifying the diserepaney or divergence and the Architect shall issue instructions in regard thereto. Such discrepancy shall not vitiate this Contact. Architect's Instructions The Contractor shall (subject to Clauses 2.3 and 2.5) forthwith comply with all instructions issued to him by the Architect in writing in regard to any matter in respect of ‘hich the Architect is expressly empowered by these Conditions to issue instructions. If within seven (7) days upon receipt of the Architect's instruction in writing, the Contractor does not comply therewith then the Employer may employ and pay other persons to execute any work which may be necessary to give effect fo such instruction. ‘Any additional costs incurred in this connection shall be recoverable from the Contractor by the Employer as a debt or may be deducted by him from any monies duc or to become ‘due to the Contractor under this Contract. ‘Upon receipt of what purports to be an instruction from the Architect, the Contractor may request the Architect 10 specify in writing the provision in these Condition which fempowers the issue of the said instruction, The Architect shall forthwith comply with such a request. If the Contractor thereafter does comply with the said instruction (where neither party, before such compliance, had given the other party a written request 10 concur on the appointment of an Arbitrator under Clause 34,0 of these Conditions in order that it may decide whether the provision specified by the Architect empowers the issue of the said ‘nstroction) then the issue ofthe said instruction shall be deemed for all purposes of this Contract to have been empowered by the provision of the Condition specified by the Architect in answer to the Contractor's request. |All instructions issued by the Architect shall be in writing. If the. Architect issues an instruction otherwise than in writing it shall have no immediate effect, but shall be confirmed in writing by the Contractor to the Architect within seven (7) days. If within Seven (7) days upon receipt of the Contractor's confirmation, the Architect does not dissent to it in writing, den the Contractor's confirmation shall be deemed to be an ‘Architect's instruction. ‘The said instruction shall have taken effect on the date when the Contractor's confirmation was issued, 25) Provided always that if the Architect within seven (7) days of giving 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 Architect's confirmation; or 25 (ii) If neither the Architect nor Contractor confirm such instruction in the manner land at the time aforesaid but the Contractor nevertheless does comply with the same, then the Architect may confirm the same in writing at any time prior Co the issue of the Final Certificate, and the said instruction shall be deemed to have taken effect on the date when it was issued otherwise than in writing by the Architect. Within fourteen (14) days of the issue of the Letter of Acceptance, the Contractor shall notify the Architect in writing of an address where notices, Architect's instructions and ‘other documents may be served upon him. If the Contractor fails to so notify the Architect ‘of such an address or any change of address, notices, Architect's instructions and other documents shall be deemed to be served upon the Contractor if sent by registered post or recorded delivery 10 his address stated in this Contract, or if left al his office on the site ‘and an acknowledgement of receipt is obtained from the Contractor's site agent3 33 34 3.6 37 38 39 4a 42 Contract Documents ‘The Contract Drawings, Contract Bills, Specification, Summary of Tender, Form of Tender, Letter of Acceptance, Articles of Agreement, Conditions of Contract and the Appendices are referred to collectively as the Contract Documents and shall remain in the custody of the Architect, the Engineer or the Quantity Surveyor so as to be available at all reasonable times for inspection by the Employer or the Contractor. Irnmediately after the execution of this Contract the Architect without charge 10 the Contractor shall provide him (unless he had been previously so provided) with: (i) one copy certified on behalf of the Employer of the Contract Documents, (Gi) two copies of the Contract Drawings. Gil) two copies of the unpriced Bills of Quantities and (if requested by the Contractor) one copy of the Contract Bilis. From time to time as may be necessary the Architect, without charge to the Contractor shall furnish him with two copies of further drawings or details as ate reasonably necessary either to explain and amplify the Contract Drawings or to enable the Contractor to complete the Works in accordance with these Conditions. Provided always that the Contractor shall give adequate notice in writing to the Architect of his requirement of further drawings or details Within fourteen (14) days upon issue of the Letter of Acceptance, the Contractor, without charge to the Employer, shall provide the Architect with two copies of the ‘Works Programme for the execution of the Works The Works Programme, whether required 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 ‘The submission to and approval by the Architect of such Works Programme shall not ‘relieve the Contractor of his obligations or responsibilities under the Contract ‘The Contractor shall keep one copy of the Documents refered to in Clauses 3.2, 3.3 and 3.4 om the site so as to be available to the Architect and/or his authorised representative at all reasonable times for his inspection and use. Upon final payment under Clause 30.7 of these Conditions, tke Contractor shall, if so requested by the Architect, forthwith return to him all Contract Documents which bear the name of the Architect. None of the Contract Documents mentioned in Clause 3.1 shall be used by the Contractor for any purpose other than this Contract. Neither the Employer, the Architect, the Engineer nor the Quantity Surveyor shall divulge or use, except for the purpose of this Contract, any of the rates in the Contract Bills. Within three (3) months from the commencement of the Defects Liability Peciod, the Contractor shal without further charge to the Employer supply for the retention and use of the Employer, two copies of such drawings and information describing the Works as- built and concerning the maintenance and operation of the Works, including any installation comprised in the Works, as may be required by the Contract Documents Statutory Obligations, Notices, Fees And Charges ‘The Contractor shall comply with and give all notices required by any writen law applicable to the territories of Malaysia 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. ‘The Contractor before making any variation from the Contract Drawings or the Contract Bills necessitated by such compliance shall give to the Architect a written notice specifying and giving the reason for such variation and applying for the Architect's instructions in regard thereto. Contract Documents and ‘Tele Custody Copies at Documents Further Drawings or Detalls Works Programme Work Programme Not Part or Incorporated into Gonteact Documents ‘Contractor Not elleved of Obligations or Responsibilities Availabilty of Documents Retuen of Documents Limitation of Use of Documents Drawings Statutory eequirements| Variations from Contract Drawings to Meet Statutory Requirements43 Fees or 44 Charges 5.0 Inaccurate sa Setting Out 6.0 Standards of 61 Works, Materials mG Production 62 of Vouchers Inspection 63 and Testing 64 If within seven (7) days of having given the said written notice to the Architect and the Contractor does not receive any instructions in regard to the matters therein specified, he shall proceed with the work conforming 10 the written law applicable 10 the territories of Malaysia in which the Works are to be carried out, or any regulation of bye-law of any local authority or of any statutory underteker which has any jurisdiction with regard to the ‘Works or with whose systems the same are or will be connected. Any variation thereby necessitated shall be deemed to be a variation required by the Architect ‘The Contractor shall pay and indemnify the Employer against liability in respect of any fees or charges (including any rates or taxes) legally demandable under any written laws applicable to the territories of Malaysia in which the Works are to be caried out, or any regulation or bye-law 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 taxes) shall be added to the Contract Sum unless they: 44.) arise in respect of Works executed of materials or goods supplied by a local authority or statutory undertaker for which a prime cost sum i included in the Contract Bills or for which a prime cost sum has arisen as a result of the Architect's insructions under Clause 11.3; or 44 (ii)__ave priced or stated by way of a provisional sum in the Contract Bills Levels And Setting Out Of The Works ‘The Architect shall determine all levels which may be required for the execution of the Works, and shall provide the Contractor by way of accurately dimensioned drawings with ‘such information so as to enable the Contractor to set out the Works at ground level. The Contractor shall be responsible for and shall entiely at his own cost amend any errors arising from his own inaccurate setting out. Provided slways that the Architect may at his jscretion accept the errors without amendment subject to such reduction in the Contract ‘Sum as may be reasonable having regard to any loss of value suffered by the Employer or any reduced cost to the Contractor resulting from the error, whichever shall be greater Materials, Goods And Workmanship To Conform To Description, Testing And Inspection All works, materials, workmanship and goods shall be of the respective kinds and standards described in the Coatract Documents, ‘The Contractor shall, upon the request of the Architect, provide him with vouchers or such other evidence to prove that the materials and goods comply with Clause 6.1 and are in accordance with the instructions of the Architect, ‘The Contractor shall provide samples of materials or goods, before incorporation in the ‘Works, for testing as may be selected and required by the Architect. Provided always that the Architect may issue instructions requiring the Contractor to open up for inspection any work covered up of to arrange for or carry out any test of any materials or goods (whether oF not already incorporated in the Works) or of any executed work, or if the inspection andior test is in the opinion of the Architect required in consequence of some prior failure or breach of contract of other default of the Contractor. The cost of such opening up or testing (together with the cost of making good in consequence thereof) shall be added to the Contract Sum unless provided for in the Contract Bills or unless the Inspection or test shows that the works, materials or goods are not in accordance with this Contract. If the Architect during the progress of the Works finds any works, materials, workmanship or goods which ate not in accordance with the Contract, the Architect may instruct the Contractor in writing to do any or all of the following: 64 () To demolish and reconstruct any work so that it is in accordance with the Contract. 64 (ii) To remove from andlor not to bring tothe site any materials of goods which in the opinion of the Architect ae and/or may not be in accordance with the Contract.6.5 7.0 na 12 8.0 aa 82 83 9.0 10.0 10.1 10.2 If the Contractor should fail and/or refuse to comply with an instruction of the Architect under this Clause 6.0, the Employer may, without prejudice to any other rights or remedies, employ and pay others to carry aut the subject matter of the instruction. Any loss, expense or damage thereby suffered or incurred by the Employer shall be recoverable from the Contractor. Royalties And Patent Rights Subject to Clause 7.2 hereof, all royalties or other sums payable in respect of the use in camying out the Works as described by or refered to in the Contract Bills of any patented articles, processes or inventions or drawings (other than drawings provided by the Architect) shall be deemed to have been included in the Contract Sum. The Contractor shall indemnify the Employer from and against all claims, proceedings, damage, costs and expenses which may be brought or made against the Employer or to whom he may be put by reason of the Contractor infringing or being held to have infringed any patent rights in relation to any such articles, processes and inventions. ‘Where in compliance with the Architect's instructions the Contractor supply and use ia carrying out the Works any patented articles, processes or inventions, the Contractor shall not be liable in respect of any infringement or alleged infringement of any patent rights in relation to any such articles, processes and inventions. All 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 ‘Tae Contractor shall constantly Keep upon the Works a suitably qualified and experienced Person who shall be deemed to be the Site Agent of the Contractor for the purposes of this Contract, together with such senior assistants and supervisory staff in cach trade as may be necessary as set out in the Contract Documents or as amended from time to time after prior approval of the Architect. ‘The Contractor shall ensure that the Site Agent and such senior assistants as aforesaid are persons who are capable of receiving verbal instructions in English or Bahasa Malaysia. Any directions or instructions given to such Site Agent and/or his assistants by the Architect or site staff in accordance with Clause 10.2 shall be deemed to have ‘been given to the Contractor in pursuance of Clauses 1.0 and 2.0 hereof. ‘The appointment of the Site Agent and his removal shall be at the reasonable discretion of the Architect. The Architect may also, but not unreasonably or vexatiously, issue instructions requiring the dismissal from the Works of any Person employed thereon, Access For Architect To The Works ‘The Architect and/or his authorised representative shall at all times have 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 Sub-Contractor (whether or not a Nominated Sub-Contractor as defined in (Clause 27.0), the Contractor shall by a term in the sub-contract secure a similar right of access 10 those workshops or places for the Architect and/or his authorised representatives. The Contractor shall do all things reasonably necessary to make such right effective, Site Statt ‘The Employer shall be entitled to appoint a Resident Architect, Resident Engineer, 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 Employer. The site staff so appointed shall be under the direction of the Architect, The Contractor shall afford them every reasonable facility for the performance of their duty Any directions given to the Contractor or his Site Agent upon the Works by the Site Staff shall be of a0 effect unless given in regard to a matter in respect of which the “Architect is expressly empowered by the Conditions to issue instructions and unless Confirmed in writing by the Architect within three G3) working days of such direction being given. If any such ditections are so given and confirmed in writing by the Architect then as from the date of issue of that coafirmation it shall be deemed to be an ‘Architect's instruction, Failure of Contractors Exclusion of| Contractor's ability to Pay for Patent Rights ‘Site Agent and Assistants Instructions to Site Agent Exclusion of| Persons Eimployed onthe Works Access to Works for Architect or His Representative Duty of Site Start Directions Given by Site SaltDefinition of Variation No Variation lived by Architect Shall ‘Vitiate Contract Architects Instrvctions on Prime Cost (P.C) and Provisional Sums Yaluation of ‘Variations and Provisional Sums Rates for Valuation of| ‘Variations 11.0 ma Variations, Provisional And Prime Cost Sums ‘The term "Variation" as used in these Conditions mean: 1.1 @ alteration or modification of the design, quality or quantity of dhe Works as shown in the Contract Drawings and described by or referred to in the Contract Bills. 11.1 Gi) the addition, omission or substitution of any work. 11.1 Gi) the alteration ofthe kind or standard of any materials or goods to be wsed in the Works 11.1 Gy) the removal from the site of any work executed, or materials or goods brought thereon by the Contractor for the purposes of the Works other than work materials oF zoods which are not in accordance with this Contract, 11.1 (v) the addition, alteration, or omission of any expressed obligation or restritions imposed by the Employer under the Conditions of Contract with regards to any limitation of working hours, working space, or access to or uilisation of any specific part of the site or the execution and completion of the work in any specific order. 11.1 (vi) For the avoidance of doubt the term “Variation” 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 exclude ‘any instruction which has arisen de or is necessitated by or is intended 10 ccure any default of and/or breach of contract by the Contractor “The Architect may issue instructions requiring a Variation and he may sanction in ‘writing any Variation made by the Contractor otherwise than porsuant to an instruction cof the Architect. No Variation required by the Architect or subsequently sanctioned by ‘him shall vitate this Contract, ‘The Architect shal issue instructions in regard to: 11.3 @ the expenditure of prime cost (P.C.) and provisional sums included in the Contract Bills and of prime cost sums arising out of instructions issued in regard to the expenditure of provisional sums. 11.3 Gi) the expenditure of provisional sums included in a sub-contract, All Variations required by the Architect or subsequently sanctioned by him in writing and all work executed by the Contractor following instructions of the Architect as t0 the expenditure of Provisional Sums included in the Contract Bills shall be measured and valued by the Architect or the Quantity Surveyor as instructed by the Architect The Contractor shall be given the opportunity to be present at the time of such measurement and may take such notes and measurements as he may require. ‘The valuation of Variations and of work executed by the Contractor for which a provisional sum is included in the Contract Bills (ther than for work for which a tender hhad been accepted under Clause 27.8) shall, unless otherwise agreed, be made in accordance with the following rules: 115 @) the prices in the Contract Bills shall determine the valuation of work of similar character executed under similar conditions as work priced therein, 11.5 i) where work is of similar character to work included in the Contract Bills but ‘may not be executed under similar conditions the rates in the Contract Bills shall, as far as may be reasonable, be the basis of valuation, which shall include a fair allowance for the difference in conditions. 11.5 (ii) Where work cannot be properly measured and valued the Contractor shall be allowed day work rates atthe prices prevailing as far as may be reasonably ‘ascertained atthe time that such work is cartied eut ar atthe day work rates stated in the Contract Bills or if no such rates are included atthe actual prime ‘cost 10 the Contractor of his materials, transport and labour for the work ‘concerned plus fifteen percent (15%), which percentage shall include for the122 123 13.0 14.0 141 142 143 use of all ordinary plant, tools and scaffolding, supervision, overheads and profit, Provided that in any exse vouchers specifying. the time spent daily ‘upon the work, the workers’ names, the plant and the materials employed shall be delivered for verification” to the Architect or to the Quantity Surveyor as instructed by the Architect not later than seven (7) days after the work had been completed. 15 (iv) The prices in the Contract Bills shall determine the valuation of items omitted, If omissions substantially vary the conditions under which any remaining items of work are carried out the p shall be valued under sub-clause 11.5 (i. "es of such remaining items 11.5 (¥) Bffect shall be given to measurement and valuation of all Variations in Interim Certificates and by adjustment of the Contract Sum, Ifthe Contractor applies to the Architect in writing within 2 reasonable time of the event and the Architect is of the opinion that a Variation in respect of work which has caused the Contractor direct loss and/or expense for which he would aot be reimbursed under any provisions in the Conditions, then the Architect shall from time 10 time ascertain the amount of such loss and/or expense which amount shall be added to the Contract Summ. If an Interim Cerificate 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 Centticate ‘The Contractor shall in support of his application submit to the Architect upon request such details of such foss and/or expense as are reasonably necessary for such ascertainment under Clause 11,6 of this Condition, Contract Bills “The quality and quantity of the work included in the Contract Sum shall be deemed to be that which is set out in the Contract Bills, unless otherwise expressly stated in respect ‘of any specified item or items, shall be deemed to have been prepared in accordance with the principles of the Standard Method of Measurement of Building Works sanctioned by the Institution of Surveyors, Malaysia and currently in force. Nothing contained in the Contract Bills shall override, modify or affect in any way whatsoever the application or interpretation of that which is contained in these Conditions ‘Any error in description, quantity or omission of items between the Contract Drawings ‘and the Contract Bills shall not vitiae this Contract but shall be corrected by the Architect. Contract. Sum ‘The Contract Sum shall not be adjusted or altered in any way whatsoever otherwise than in accordance with the express provisions of the Conditions and subject to Clause 12.3 any enror whether of arithmetic or not in the computation of the Contract Sum shall be deemed to have been accepted by the parties hereto. Materials And Goods Unfixed Or Off-Site Unfixed materials and goods intended for and delivered to oF placed adjacent to the Works may only be removed for use upon the Works except where the Architect has consented in writing to their removal for other purposes. The Architect shall not unreasonably withhold such consent. Where the value of any such materials or goods has in accordance with Clause 30.3 been included in any Interim Certificate under which the Contractor has received Payment such materials and goods shall become the property of the Employer. but subject to Clauses 20.8.1 to 20.B.5 or 20.C.l 10 20.C.6. if applicable, the Contractor shall remain responsible for loss or damage to the same. ‘Where materials and goods intended for the Works and whose value has in accordance with Clause 30.3 been included in any (nterim Certificate and has been paid by the Employer. such materials and goods shall become the property of the Employer. Thereafter. the Contractor shall not. except for use upon the Works, remove or permit them to be removed from the premises where they are stored. Valuation of Direct, Loss andlor Expense Genter to ‘abit Necessary Det Measurement of Building Works Provisions ia Conditions to Prev Correction of Errocs or Omissions Contract Sum Not Be Adjusted or Altered Unfixed Materials fr Goods Nott Be Removed the WorkContractor laa Responsible for nee or Damage to Materials of Conds 15.0 15.1 Defects and 152 Shrinkages Ete Making Good 133 Detects Certificate of 15.4 ‘Mlking Good Detects 16.0 Possession of 16.1 Relevant Part Yalue of Relevant Part Practical ‘Completion and Detees Libity ‘of Relevant Part ‘The Conitactor shall remain responsible for any loss or damage to the materials and goods and for the cost of storage, handling. and insurance of same. Practical Completion And Defects Liability ‘When the Architect 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 existing in such Works are "de minimis”, the Architect shall forthwith issue a Cerificate of Practical Completion. The Works shall be deemed to be practically completed for all purposes of this Contract on the day named in such Centficate. ‘Any defects, shrinkages or other faults which appears within the Defects Liability Period ‘and which are due 1o materials or workmanship not in accordance with this Contract shall be specified by the Architect in a Schedule of Defects and delivered to the Contractor not later than fourteen (14) days after the expiration of the Defects Liability Period. 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 Architect, in which case the Contract Sum shall be adjusted accordingly. Notwithstanding Clause 15.2 the Architect may whenever he considers it necessary issue instructions requiring any defect, shrinkage or other faults which appear within the Defects Liability Period 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 Architect, in which case the Contract Sum shall be adjusted ‘accordingly. No such instructions shall be issued after delivery of a Schedule of Defects or after fourteen (14) days fom the expiration of the Defects Liability Period. ‘When in the opinion of the Architect any defects, shrinkages or other faults which he may hhave required to be made good under Clauses 15.2 and 15.3 have been made good he shail issue a Certificate of Making Good Defects and completion of making good defects shall be deemed to have taken place on the day named in the Certificate. Partial Possession by Employer If at any time or times before Practical Completion of the Works the Employer with the consent of the Contractor takes possession of any part or pars of the Works (any such pan being hereinafter referred to as "the relevant pan) then notwithstanding anything expressed or implied elsewhere in this Contract 16.1 (i) Within fourteen (14) days from the date on which the Employer has taken possession of the relevant part the Architect shall issue a Cerificate stating. his estimate of the approximate total value of the relevant past and for all purposes of Clause 16.0 (but for no other) the value so stated shall be deemed to be the total value of the relevant part. 16.1 (ii) For the purposes of sub-clause 16.1 (vii) and Clauses 15.2 and 15.3 Practical Completion of the relevant part shall be deemed to have occurred and the Defects Liability Period in respect of the relevant part shall be deemed to have commenced on the date which the Emplayer has taken possession thereof. 16.1 (ii) When in the opinion of the Architect any defects, shrinkages or other faults in the relevant part which he may have required to be made good under Clause 15.2 oF Clause 15.3 have been made good he shall issue a certificate 10 that effect 16.1 (iv) The Contractor shall reduce the value insured under Clause 20 A (if applicable) by the full value of the relevant part and the said relevant part shall from the Gate that the Employer take possession thereof be at the sole risk of the Employer as regards to any of Clause 20.0 risks.18.0 13.2 19.0 ro] 16.1 (v) In liew of any sum to be paid or allowed by the Contractor under Clause 22.0, in respect of any period during which the Works may remain incomplete after the date which the Employer has taken possession of the relevant 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 provisions of Clause 16.0 as docs the Contract Sum less the total value of the relevant part to the Contract Sum. 16.1 (vi) Within fourteen (14) days of the date on which the Employer has taken possession of the relevant part the Contractor shall be paid from the sum Fetained under Clause 304 (if any) one moiety of such amount as bears the same ratio 10 the unreduced amount named as Limit of Retention Fund in the ‘Appendix as does the total value ofthe relevant part to the Contract Sum ‘The amount ofthe Limit of Retention Fund shall then be reduced by the same amount of such moiety 16.1(vii) On the expiration of the Defects Liability Period in respect of the relevant part or on the issue of the Certificate of Completion of Making Good Defects of the relevant part whichever is the later, the Contractor shall be paid from the sums retained under Clause 30.4 (if any) the other moiety of the amount refered fo in sub-clause 16.1 (vi) and the Limit of Retention Fund amount shall be reduced by the amount of such moiety. Assignment Or Sub-Letting Neither the Employer nor the Contractor shall, without the written consent of the other, ign his rights, interests or benefits under the Contract, “The Contractor shall not without the written consent of the Architect (which consent shall not be unreasonably withheld) sub-let any portion or the whole of the Works except otherwise provided by the Contract. Such consent if given shall not relieve the Contractor from any liability or obligation under the Contract. He shall be responsible for the acts, defaults, neglects, breach of contract of any Sub-Contractor domestic or nominated, his agent, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen, Where the Contractor sub- contracts labour only of craftsmen, skilled or semi-skilled workmen to carry out any portion of the work this shall not constitute sub-leting within the meaning of this clause and he shall remain fully responsible for the quality of their work and craftsmanship and for any acts, defaults and negligence of the workmen, Injury To Persons Or Property And Employer's Indemnity ‘The Contractor shall be liable for and shall indemnify the Employer against any expense, liability, loss, claim or proceedings whatsoever in respect of personal injury to or the death of any person whomsoever arising out of or in the course of or caused by the carrying out the Works, unless itis solely due to any act or neglect of the Employer ‘or of any person for whom the Employer is responsible, In that event, the Employer shall be Hable, Except for such loss or damage that is at the sole risk of the Employer under Clauses 20.B.1 10 20.B.5 or Clauses 20.C.1 to 20.C.6 (if applicable) the Contractor shall be liable for, and shall indemnify the Employer against any expense, lability. loss, claim ‘or proceedings in respect of any injury or damage whatsoever to any property real or personal in so far as such injury or damage arises out of or in the course of or by Feason of carrying out the Works, and provided always the same is due to any negligence, fomission or default of the Contractor, his servants or agents or as the case may be, of ‘any sub-contractor, his servants oF agents Insurance Against Injury To Persons And Property Without any prejudice to his liability to indemnify the Employer under Clause 18.0 the Contractor shall maintain and cause any sub-contractor to maintain such insurances as are necessary to cover the liability of the Contractor or, as the case may be, of such sub- ‘contractor in respect of personal injuries oF death or of injury or damage to property real ‘¢ 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 sub-contractor fas the ease may be and their servants oF agents and not due (0 any act or negligence of the Employer or of any person for whom the Employer is responsible Indemnity Against Claims on Employer Injury for Death of Persons Indemnity Against Claim ‘on Employer for Injury to Property Contractor to Insure Against Injury to Persons and PropertyEvidence of Insurances Requires Maintenance of Insurance Policies Approval of| Insorance Companies Contractor Default in Insurance Policy Contractor's Risks = New Buildings Maintenance of Insurance Pliey Restoration of Damaged Work 19.3 19.4 19.5 20.0 “20a 20.4.1 20.42 20.4.3 ‘The Contractor. when required by the Architect. shall produce or cause any sub-contractor {0 produce for inspection by the Architect the relevant insurance policy or policies together with receipts thereof in respect of premiums paid and the Architect may also reasonably requite on any occasion the production by the Contractor of documentary evidence that such insurance policy or policies are properly maintained. Where 2 provisional sum is included in the Contract Bills in respect of insurance required ‘under Clause 19.1 the Contractor shall maintain in the joint names of the Contractor and Employer insurances for such amounts of indemnity as may be stated in the Contract Bills in respect of expense. liability loss, claim or proceedings which the Employer may incur or sustain by reason of injury or damage to property eal 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 sub-contractor or of their servants oF agents. Provided always that any exclusion or limitation of liability or insurance excess under the policy are stated in the certificates of insurance, Any insurance referred to in Clause 19.3 shall be placed with insurers 10 be approved by the Architect, and the Contractor shall deposit with him the policy or policies and the receipts in respect of premiums paid, Should the Contractor or any sub-contractor make default in insuring or in continuing to Insure as provided in Clauses 19.1, 19.2 and 19.3 the Employer may bimself insure against any risk with respect to which the default shall have occurred and the amount paid for payable by the Employer in respect of premiums shall be deducted from any monies due ‘or to become due to the Contractor Insurance Of Works Against Fire, Bte The Contractor shall in the joint names of the Employer and Contractor insure against Joss and damage by fire, storm, tempest, lightning, flood, earthquake, aircraft or anything dropped therefrom, aerial objects. riot and civil commotion for the full value thereof (plus percentage named in the Appendix to cover professional fees) of all executed work and all unfixed materials and goods intended for the Works and delivered to and placed on or adjacent to the Works but excluding temporary buildings, plant, tools and equipment ‘owned or hired by the Contractor or any sub-contractor. and shall [subject to sub-clause 16.1 (iv)] Keep such work, materials or goods so insured until Practical Completion of the Works ‘The insurance refered to in Clause 20 A shall be placed with insurers approved by the Architect and the Contractor shall deposit with him the policy or policies and the receipt fof premiums paid. Ifthe Contractor makes default in insuring or continuing to insure as aforesaid the Employer may insure against any risks with respect of. which the default has ‘occurred and deduct a sum equivalent to the amount paid by him in respect of premiums from any monies due or to become due to the Contractor. If the Contractor independently of his obligations under this Contract maintains a policy ‘of insurance, from insurers approved by the Architect, which covers (inter alia) the said work, materials and goods against the aforesaid risks in Clause 20A to the full value thereof (plus the aforesaid percentage, if any, in the Appendix) then the maintenance by the Contractor of such policy shall, ifthe Employer’ interest is endorsed therean, be @ ischarge of the Contractor's obligation to insure in the joint names of the Employer and Contractor. ‘The production by the Contractor as and when may reasonably be required by the Architect ‘of a certificate of insurance properly endorsed and maintained shall be a discharge of the Contractor's obligation to deposit with the Employer a policy or policies and relevant premium receipt. Upon the settlement of any claim under the insurances aforesaid the Contractor shall with due diligence restore any damaged work, replace or repair any unfixed materials or goods estroyed oF injured, remove and dispose of any debris and proceed 10 carry out and complete the Works (Clause 208 applies new buildings if Contractor is required to ins20.44 20.8.2 20.83 20.8.4 20.8.5 All monies received from such insurances (less the aforesaid percentage, if any. in the Appendix) shall be paid to the Contractor by installments under the periodic Interim Certificates issued by the Architect. The Contractor shall not be entitled to any payment in respect ofthe restoration of the damaged work and replacement or repair of Any unfixed materials or goods and the removal and disposal of debris other than the ‘monies received under the aforesaid insurances. works executed and all unfixed materials or goods intended for and delivered 10 oF placed on or adjacent to the Works (excluding temporary buildings. plant, tools and ‘equipment owned or hired by the Contractor or any Sub-Contractor) shall be at the sole "sk of the Employer as regards to loss or damage under Clause 20 A risks. ‘The Employer 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 request ff the Contractor, be produced for his inspection If the Employer at any time, upon the request of the Contractor, fails co produce any receipt showing such a policy as aforesaid to be effective then the Contractor may in the ‘name and on behalf of the Employer insure all work executed and all materials and goods a aforesaid against loss or damage arising all the risks stated in Clause 20 A. The Contractor upon production of the receipt of any premium paid by him shall be entitled to have its amount added to the Contract Sum, If the loss or damage to the Works or any part thereof or to any unfixed materials and ‘goods referred to in Clause 20.B.1 is occasioned by any one or more of the risks stated in Clause 20 A, then the occurrence of such loss or damage shall be disregarded in ‘computing any amounts payable to the Contractor under this Contract. ‘The Contractor shall with due diligence restore the damaged work, replace or repair any unfixed materials of goods destroyed or damaged, remove and dispose of any debris and proceed to carry out and complete the Works. The restoration of damaged work. the replacement of repair of unfixed materials or goods, and disposal of debris shail be ‘deemed to be a Variation required by the Architect, * 20.C.1 The existing structures together with all contents therein owned by the Employer or for 20.0.2 20.63 20.c.4 which he is responsible. including all unfixed materials and goods intended for the Works and delivered to or adjacent ro the Works [but excluding temporary. buildings. plant, tool and equipment owned by or hired by the Contractor or any Sub-Contractor] Shall be at the sole isk of the Employer as regards to loss or damage arising from the Fisks stated in Clause 20 A. ‘The Employer shall maintain a proper insurance policy against such risks stated in Clause 20 and upon request by the Contractor shall produce the last receipt of premium paid, If the Employer, atthe request of the Contractor at any time fails to produce any receipt showing such a policy then the Contractor may in the mime and on behalf of the Employer insure the structures together with the aforesaid contents. the Works, and all unfixed materials and goods as aforesaid agains! loss or damage occasioned by the event ‘expressed in Clause 20A.. For this purpose the Contractor shall have the right to enter tnd inspect 3s may be necessary to make a survey and inventory of the existing structures and all their contents and upon production of the receipt of any premium paid by him be entitled to have the amount added to the Contract Sum. [Any loss or damage affecting the Works or any part thereof or any unfixed materials or ‘00ds refered to in Clause 20.C.1 occasioned by one or more of the risks stated in Clause 20 A then: 20.C4 (i) the occurrence of such loss or damage shall be disregarded in computing any amount payable to the Contractor under this Contract. Causes 20.8. 10 20.8.5 apply 1 new buildings if Employers required ois Payment for Damaged Work Insurance by Employer Mai Failure of Enployer to Compu mount of Loss oF Damage Oceasioned by Insured Risks Restoration of Damaged Work Employer's Risks- exing Maintenance of Insurance by Employer Failure of Employer to Insure Loss or Damage Gceasionea Insured Risks (Causes 20.1 0 20.C.6 apply to alterations or extensions to exning building: therefore rie out Clawes A.B or Cas propriatenoes rcs 21.0 Date ot aa Cimencement sal Cocicon Date = Dates of 22 Comtencement Gin fr Sine Ditterent 213 Compl Dates forded Seseetor Parte oa Works Pesiponenent of 21.4 we 22.0 Ligand 22.1 ‘ated Brnage 20.C.4 (ii) if itis just and equitable to do so the employment of the Contractor under this Contract may be determined at the option of either pany within twenty eight (28) days of the occurrence of such loss oF damage. Within seven (7) ays of receiving such a notice (but not thereafter) either party may give notice to the other a written request to concur on the appointment of an arbitrator under Clause 34.0 to decide whether such determination is just and equitable Upon the giving or receiving by the Employer of a notice of determination or where a reference to arbitration is made as aforesaid and if the Arbitrator upholds the notice of determination, then the provisions. of Clause 26.2 (except sub-clause 26.2 Gi) (N) shall apply If no notice of determination is served under sub-clause 20.C.4 (i) or where a reference to, arbitration is made as aforesaid and if the Arbitrator decide against the notice of determination, ther: 20.C6 (i) the Contractor shall, with due diligence, reinstate or make good such loss oF damage and proceed 10 carry out and complete the works 20C6 (ii) the Architect may issue instructions requiring the Contractor to remove and dispose of any debris; and 206 (iil) the reinstatement and making good of such loss oF damage and the removal and disposal of debris shall be deemed to be a Variation required by the Architect Date OF Commencement, Dates Of Commencement Given For Sections, Postponement And Date for Completion On the Date of Commencement stated in the Appendix, possession of the site shall be given to the Contractor who shall thereupon begin the Works, and regularly and iligenily proceed with the same and complete the same on or before the Date for Completion stated in the Appendix subject to any extension of time in accordance with Clause 23.0 and/or sub-clause 32.1 (ji). If no such Date of Commencement is stated in the Appendix or ifthe date in the Appendix becomes invalidated 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 Architect and the Date of Completion shall be appropriately modified or re-calculated Provided always that Dates of Commencement may be given for sections ot for parts and any other restrictions upon commencement on the site shall be stated in the Appendix to these Conditions or in the Contract Documents ‘Where there are different completion dates for such sections or parts of Works are stated and identified in the Appendix or elsewhere in the Contract Documents and different and separate Liquidated and Ascertained Damages are provided for each section or part of the Works, the provisions of this Contract in regard to the Certificate of Practical Completion, Extension of Time, Liquidated and Ascerained Damages and the Defects Liability Period (but not Insurance of the Works against fire, etc. under Clause 20.0 and Final Certificate under Clause 30.0 hereof) shall, in the absence of any express provision to the contrary elsewhere in the Contract Documents apply with the necessary changes in points of detal as if each such section or part was the subject of a separate and distinct contract berween the Employer and the Contractor. ‘The Architect may issue instructions in regard to the postponement of any work to be executed under the provisions of this Contract Damages For Non-Completion IC the Contractor fails to complete the Works by the Date for Completion or within any extended time fixed under Clause 23.0 or sub-clause 32.1 (il) and the Architect certifies in ‘writing that in his opinion the same ought reasonably so to have been completed, then the Contractor shall pay to the Employer a sum calculated at the rate stated in the Appendix as Liquidated and Ascertained Damages (LAD) for the period from the Date for Completion or any extended date where applicable to the date of Practical Completion ‘The Employer may deduct such sum as a deb from any monies due or to become due to the Contractor under this Contract.23.0 23.2 23.4 23.6 23.7 “The Liquidated and Ascertained Damages stated in the Appendix is t0 be deemed to be as the actual loss which the Employer will suffer inthe event that the Contractor is in breach of the Clause hereof, ‘The Contractor by entering into this Contract agrees to pay to the Employer the said amount(s) if the same become due without the need of the Employer to prove his actual damage or loss. Extension Of Time If and when it becomes reasonably appavent that the progress of the Works is being of likely to be delayed beyond the Date for Completion the Contractor shall forthwith of the occurrence of such event notify the Architect in writing identifying the relevant events causing the delay, giving particulars of the expected effect and an estimate of the textension of time requited. The notice shall contain sufficient information and ceason ‘why delay to completion will result. Upon receipt of the Contractor's notice that there are events causing delay and the completion of the Works is likely 10 be delayed beyond the Date for Completion then the Architect shall, subject to Clauses 23,3, 23.4 and 23.7 hereof, consider the relevant ‘events causing delay and by written notice to the Contractor give a fair and reasonable ‘extension of time by fixing such later date as the Date for Completion. The Contractor shall not be entitled to any extension of time where instructions or acts of the Employer andlor the Architect are necessitated by or intended to cure any default of or breach of contract by the Contractor. Provided always the Contractor submits to the Architect his application for extension ‘of time complete with particulars and estimates in a reasonable time before the Date of Completion, the Architect having regard to the sufficieney of the particulars and estimates of the aforesaid notice shall ascertain and fix such new Date for Completion ‘within a reasonable time from the receipt of the said notice. The Architect may fix a new Date for Completion retrospectively upon failure of the Contractor to submit his application for extension of time complete with particulars and estimates in accordance with the aforementioned period, ‘The Contractor shall constantly use his best endeavours fo prevent delay in the progress of the Works, however caused, and to do all that may reasonably be required t0 the Satisfaction of the Architect to prevent delay or further delay in the completion of the ‘Works beyond the Date fer Completion ‘The Architect shall not under Clause 23.3 fix a Date for Completion earlier than the Date for Completion stated in the Appendix, ‘The Architect shall notify every Nominated Sub-Contractor in writing each decision of the Architect when fixing a new Date for Completion. The relevant events causing delay where the Contractor may be given a fair and reasonable extension of time are: 23.7 (i) force majeure. 23.7 (ii) exceptionally inclement weather 23:7 (iii) toss or damage occasioned by one or more of the contingencies referred to in Clauses 20.8. 20,B.1 or 20,C.| as the ease may be 23.7 liv) civil commotion, strike or lockout affecting any of the trades employed ‘upon the Works or any ofthe trades engaged in the preparation, manufacture of transportation of any goods or materials required For the Works. 23.7 (v) compliance of Architect's instructions under Clauses 1.2. 11.2, 21.1 or 2a. 23.7 (vi) Contractor ot having received in due time necessary instructions drawings, details or levels from the Architect for which he had specifically applied in writing provided that the application was made on a date having regard to the Date for Completion was neither unreasonably distant nor close to the date an which it was necessary for him to receive 23.7 (vil) delays on the part of Nominated Sub-Contractors or Nominated Suppliers for the same reasons as set out in the sub-clauses 23.7 (i) 23.7 (vi) and sub- clauses 23.7 (vii) to 23.7 (xi LAD Amount Deemed As Agreed Neutng rena Cs Delay. a A Fair and Reasonable Extension of Time ‘Time Limitation Asto Giving Extension of Time Contractor to Prevent Delay Limitation in Fixing Completion Date’ Notication to ‘Nominated Sub- Contractors Relevant Events Gaesing Delay for Which Extention ot Time May be Gwen24.0 Application to 24.1 ‘Xetertain Lass ‘andlor Expense Circumstances 24.2 iv Affecting Progress of the Works 237 wi delay on the pattof artists. tradesmen or others engaged by the Employer in executing work not forming part of this Contract. 23.7 (ix) delay in the supply of materials and goods which the Employer had agreed to supply for the Works 23.7 (8) opening up for inspection any work covered up or the testing of any work materials or goods in accordance with Clause 6.3 (including making. good in Consequence 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 23.7 (xi) any act of prevention o breach of contract by the Employer not mentioned in this Clause 23.7 23.7 (xii)_any other ground for extension of time expressly mentioned in the Contract. Loss And/Or Expense Caused By Disturbance Of Regular Progress Of The Works If and when the Contractor notifies the Architect in writing that the regular progress of the ‘Works of any part of it has been or is likely to be materially affected and that he had incured or is likely to incur direct loss and/or expense for which he would not be reimbursed by a payment under any other provision of this Contract then the Architect or the Quantity Surveyor as instructed by the Architect shall as and when necessary from time to time ascertain the amount of such loss and/or expense which had been incurred by the Contractor. provided that 24.1 (2) 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 i had been or i likely tobe affected: and 24.1 (ii) the Contractor submits together with his application relevant information substantiating his claim so as to enable the Architect or the Quantity Surveyor as instructed by the Architect to form an opinion: and 24.1 Gil) the Contractor upon request submit to the Architect or the Quantity Surveyor as instructed by the Architect any other additional details of loss and/or expense as are reasonably necessary for ascertainment The Contractor is not entitled t0 loss andlor expense except in accordance with the express provisions of the Contract. The following are circumstances materially affecting the regular progress of the Works referred to in Clause 24,1 242 (i) the Contractor not having received in due time the necessary instructions, drawings, details or levels from the Architect for which he had specifically applied in writing provided that such application was made on a date which having regard to the Date for Completion stated in the Appendix or any extension of time under Clause 23.0 or sub-clause 32.1 (ii) was neither unreasonably distant from nor unreasonably close to the date on which it was necessary for him to receive them. 24.2 (ii) the opening up for inspection of any work covered up or testing of any work, materials or goads in accordance with Clause 6.3, including making good in consequence of suck opening up or testing, unless the inspection or test showed that the work, materials or goods were not in accordance with this Contract. 24.2 Gili) any discrepancy in or divergence between the Contract Drawings and/or the Contract Bills. 24.2 (iv) delay on the part of artists, tradesmen, or others engaged by the Employer in executing work not forming part of this Contract 24.2 (0) the Architect's instructions issued in regard to the postponement of any work to be executed under the provisions ofthis Contract. 24.2 (vi) delay or failure by the Employer to supply or provide materials and goods which the Employer had agreed to provide or supply for the Work,244 25.0 25.2 242 (vii) failure ofthe Employer to give in due time entry to or exit from the site of the ‘Works or any part thereof through or over any land by way of passage adjoining or connected (0 the site ard in the possession and control of the Employer in accordance with the Contract Drawings andior the Contract Bill. 24.2 (viii) any act of prevention or breach of contract by the Employer. If 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 Architect or the Quantity Surveyor as instructed by the Architect shall ascertain the amount of such loss and/or expense. The failure by the Contractor to comply with the requirements of Clause 2440 shall entitle the Architect or the Quantity Sucveyor as instructed by the Architect to ascertain the quantum of such loss and/or expense on the basis of information available to them. ‘Any amount so ascertained from time to time shall be added to the Contract Sum. and if an Interim Certificate is issued after the date of ascertainment any such amount shall be added to the amount which would otherwise be stated as duc in such Certificate Determination By Employer ‘The Employer may determine the Contract without prejudice to any other rights and remedies which he may possess if the Contractor makes default in one of more of the following instances: 25.1 (i) without reasonable cause wholly suspends the carrying out of the Works before completion thereof. Reasonable cause shall mean compliance with fan insteuetion from the Architect or compliance with a direction or an order from a Statutory or Governmental body, 25.1 (i) fails to proceed regularly and diligently with the Work. 25.1 (it) refuses or neglects to comply with a written notice from the Architect requiring him to remave orto remedy defective work. improper materials or {goods and by such refusal or neglect the progress of the Works is materially affected. 25.1 (iv) fails © comply with the provisions in Clause 17.0. 25.1 (v) as abandoned the Contract. 25.1 (vi) has persistently refused or failed to comply with a writen instruction from the Architect, “The Architect may then give the Contractor notice by registered post or recorded delivery specifying the default subject 10 that such notice is not given unreasonably or vexatiously. I the Contractor continues with such default for fourteen (14) days after feceipt of such notice or at any time thereafter repeat such default (whether previously repeated or not), then the Employer may within ten (10) days after such continuance or Tepetition by levter sent by registered post or recorded delivery forthwith determine the ‘employment of the Contractor under this Contact, In the event of the Contractor becoming bankrupt or making a composition or arrangement with his creditors or have a winding up order made or (except for purposes of reconstruction of amalgamation) a resolution for voluntary winding up passed or having a liquidator or receiver or manager of his business or undertaking duly appointed or having possession taken by of on behalf of the holders of any debentures secured by a floating Chases of of any property comprised in or subject to the floating charge. the employment fo the Contactor under this Contract shall be forthwith automatically determined but the said employment may be reinstated and continued with the agreement of the Employer and the Contractor. his trustee in bankruptcy, liquidator, receiver or manager as the case may be In the event thatthe employment of the Contractor is determined under Clauses 25.1. 25.2 tr 25.3 and so long as it has not been reinstated and continued the following shall be the respective rights and duties of the Employer and the Contractor: Asceftainment of Loss andor Expense Detauits by Contractor Determination ‘of Employment fof Contractor Contactar Secomi Bankrupt Ete Rights and Duties of Employer and Contractor on Determins Employment of ContDetauts by Employer 26.0 26.1 254 ci) 254 (ii) 254 Git) 25.4 Gv) Determi ‘The Contractor shall vacate the site and return site possession 10 the Employer who may employ and pay other persons to carry out and complete the Works. He or they may enter upon the Works and use all emporary buildings, plant, tools, equipment. materials and goods that belong to the Contractor intended for and Selivered to and placed on or adjacent to the Works, and may purchase all ‘materials and goods necessary forthe carrying out and completion of the Works. ‘The Contractor shall, if so required by the Employer or Architect, within fourteen (14) days of the date of determination, assign 1 the Employer without, payment the benefit of any agreement for the supply of materials or goods and/or for the execution of any work for the purposes of this Contract but on the {erms that a supplier or sub-contractor shall be entitled to make any reasonable fbjection to any further assignment thereot by the Employer. In any case the Employer may pay any supplier or sub-contractor for any materials or goods delivered or works executed for the purposes of this Contract (whether before or after the date of determination) in so far asthe price thereof has not already been id by the Contractor. The Employer's rights under this paragraph are in Addition to his rights t0 pay Nominated Sub-Contractors as provided in Clause 27.4 and payments made under this paragraph may be deducted from any sum due ‘oF to become due to the Contractor. ‘The Contractor when required in writing by the Architect to do so, (but not before} shall remove from the Works any temporary buildings, plants, tools, equipment, materials or goods belonging 10 or hired by him. If within a reasonable time after any such requirements has been made to the Contractor and hhe has not complied therewith, then the Employer may (but without being responsible for any loss or damage) remove 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 Employer in the manner hereinafter appearing the amount of loss caused to the Employer by the determination Until after the completion of the works under sub-clause 25.4 (i), the Employer shall not be bound by any provision in this contract 10 make any further payment to the Contractor, but upon such completion and verification of the accounts within a reasonable time the Architect shall certify the amount of ‘expense properly and actually incurred by the Employer and the amount of any loss caused to the Employer by the determination and, if such amounts added to the monies paid to the Contractor before the date of determination exceed the {otal amount which would have been payable on completion in accordance with this Contract, the difference shall be a debt payable to the Employer by the Contractor; and if the said amounts when added 10 the said monies be less than the said total amount, the difference shall be a debt payable by the Employer to the Contractor. jon By Contractor ‘The Contractor may determine the Contract without prejudice to any other rights and remedies 26.1 (i) 26.1 Gi ‘which he may possess, if: the Employer does not pay the Contractor the amount due on any certificate within the Period for Honouring Certificates named in the Appendix and continues such default for seven (7) days after receipt by registered post or recorded delivery of a notice of determination from the Contractor stating that if payment is not made within seven (7) days from receipt of notice of determination, determination under this clause may be exercised. Then, the ‘Contractor may by letier sent by registered post or recorded delivery to the Employer or the Architect, forthwith determine his employment under the Contract. the Employer improperly or fraudulently interferes. with or influences, or obstructs the issue of any certificate by the Architect or there is fraudulent collusion between the Employer and the Architect: or26.2 26.1 (ili) 26.1 (iv) the Employer becomes bankrupt or makes a composition or arrangement with his creditors or has a winding up order made or (except for the purposes of reconstruction or amalgamation) a resolution for voluntary winding up passed ff a receiver 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 charge: oF the carrying out of the whole of the remaining Works (other than the execution of work required under Clause 15.0) is suspended for a continuous period of time named in the Appendix by reason of: (a) Architect's instructions issued under Clauses 1.2, 11.1 or 21.4; (b) the Contractor not having received in doe time nevessary instructions, drawings, details or levels from the Architect for which he had ‘specifically applied in writing on a date which having regard to the Date for Completion stated in the Appendix or to any extension of time fixed under Clause 23.0 or sub-clause 32.1 (ii) was neither unreasonably tistant from nor unreasonably close tothe date on which it was necessary for him to receive the same; or (©) delay on the part of artists, tradesmen or others engaged by the Employer in executing Work not forming part of this Contract; or (@) the opening up for inspection of any work covered up or the testing of any work, materials of goods in accordance with Clause 6.3, including making good in consequence 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 delivery to the Employer or Architect forthwith determine the employment of the Contractor under this Contract; provided that such notice shall not be given unreasonably or vexatiously. Upon such determination, then without prejudice to the accrued rights of either party or to any liability of the classes mentioned in Clause 18.0 which may accrue either before the Contractor or any sub-contractors shall have removed his or their temporary buildings, plant, tools, equipment, materials or goods or by reason of his or their so removing the Same, the respective rights and liabilities of the Contractor and the Employer shall be as follows: 26.2 (iy 26.2 (id the Contractor shall with all reasonable dispatch and in such manner and with such precautions as will prevent injury. death or damage of the classes in respect of which before the date of determination he was lable to indemnify the Employer under Clause 18,0 remove from the site all his temporary buildings, plant, tools, equipment, materials and goods and shall give facilites for his sub-contractors to do the same, but always subject 10 the provisions of sub-clause 26.2 (i) (d) ‘After taking into account amounts previously paid under this Contract, the Contractor shall be paid by the Employer (a) the total value of work completed at the date of determination (b) the total value of work begun and executed but not completed at the date of determination, the value being ascertained in accordance with Clause 11.5 a if such work were a Variation required by the Architect. (c) any sum ascertained in respect of ditect loss andor expense under Clauses 11.6, 240 and 33.2 [whether ascertained before or after the date of etermination| (@) 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 10 pay, and on such payment by the Employer any materials or goods so paid shall become the property of the Employer (2). the reasonable cost of removal under sub-clause 26.2 (0. (f) any direct loss and/or damage caused to the Contractor by the ‘determination Rights and abies Determination by ContractorExpenditure of Provisional and Prime Cost (PC) Some Nomination of Nominated ‘Sub-Contractor Obligations Nominated Sub- Contractor 27.0 21 27.2 In addition to all other remedies the Contractor upon such determination may take possession of and shall have a lien upon all unfixed materials and goods which may have become the property of the Employer under Clause 14.0 until payment of all monies due to the Contractor from the Employer Nominated Sub-Contractors ‘The fojlowing provisions shall apply where prime cost sums are included in the Contract Bills or arise as a result of Architec's instructions given in regard to the expenditure of provisional sums in respect of persons or companies to be nominated by the Architect to supply and fix materials or goods or 1 execute work: 27.1 (i) Such sums shall be expended in favour of such persons or companies as the ‘Architect shall instruct and all such persons or companies who are nominated by the Architect are hereby declared to be "Nominated Sub-Contractors employed by the Contractor. ‘The Architect shall not nominate any person of company as a Nominated Sub-Contractor against whom the Contractor makes reasonable objection, or (except where the Architect land Contractor otherwise agree) who will not enter into’ 2 sub-contract which provides (inter alia) 27.2 (i) that the Nominated Sub-Contractor carry out and complete the sub-contract ‘works in every respect to the reasonable satisfaction of the Contractor and the Architect and in conformity with all easonable directions and requirements of the Contractor. 27.2 Gi) that the Nominated Sub-Contracior observe, perform and comply with all the provisions of this Contract which the Contractor is obliged to perform and comply with (other than Clause 20 A if applicable) so far as they relate and apply to the sub-contract works or to any portion of i 27.2 (il) that the Nominated Sub-Contractor indemnify the Contractor against the same Liabilities in respect of the sub-contract works as those for which the ‘Contractor is liable to indemnify the Employer under this Contract. 27.2 liv) that the Nominated Sub-Contractor indemnify the Contractor against claims in respect of any negligence, omission or default of such sub-contractor, his servants, or agents or any misuse by him or them of any scaffolding or other plant, and shall insure himself against any such claims and produce the policy ‘f policies and receipts in respect of premiums paid as and when required by either the Architect or the Contractor. 27.2 (v) thatthe sub-contract works be completed within the period or (wbere they are tobe completed in parts) periods therein specified, that the Contractor shall rot without the written consent of the Architect grant any extension of time for the completion of the sub-contract works or any part thereof. and that the Contractor shall inform the Architect of any representation made by the Nominated Sub-Contractor as to the cause of any delay in the progress or completion of the sub-contract works or of any part thereof. 27.2 (vi) that if the Nominated Sub-Contractor fails to complete the sub-contract works ‘or (where the sub-contract works are to be completed in pars) any part thereof Within the period specified or within any extended time granted by the Contractor with the written consent of the Architect, and the Architect certifies in writing to the Contractor that the same ought reasonably so 10 have been completed, the Nominated Sub-Contractor shall pay or allow to the Contractor either a sum calculated atthe rate therein agreed as Liquidsted and Ascertained Damages for the period during which the said works, or any part thereof, as the case may be, remain or have remained incomplete or (where no uch rate had been agreed) a sum equivalent to any loss and/or damage suffered tr incurred by the Contractor and caused by the failure of the Nominated Sub- Contractor a6 aforesaid, 27.2 (vii). that payment in respect of any work, materials or goods comprised in the sub- Contact shall be made within fourteen (14) days after receipt by the Contractor of the Architect's certificate under Clause 30.0 which states as due an amount calculated by including the tolal value of such work, materials or goods, and Shall when due, be subject fo the retention by the Contractor of sums mentioned in sub-clause 27.2 (iii),27.3 214 27.5 27.6 27.2 (viii) thatthe Contractor shall retain from the sum directed by the Architect as having been including in the calculation of the amount sated as due in any certificate issued under Clause 30.0 in respect of the total value of ‘works, materials oF goods executed or supplied by the Nominated Sub- Contractor the percentage of such value named in the Appendix as Percentage of Certified Value Retained up toa total amount not exceeding fa sum which bears the sime ratio 10 the sub-contract price as the lunreduced sam named inthe Appendix as Limit of Retention Fund bears to the Contract Sum; and thot the Contractor's interest in any sums so retained (by whomsoever held) shall be fiduciary as trustee for the Nominated Sub-Contractor but without obligation to invest; and that the [Nominated Sub-Contractors beneficial interest in such sums shall be subject only to the right of the Contractor to have recourse thereto from time to time for payment of any amount which he is entitled under the sub-contract to deduct from any sum due or to become due to the Nominated Sub-Contractor; and that if and when such sums or any part thereof are released to the Nominated Sub-Contractor they shall be paid in full 27.2 (ix) that the Architect and his representatives shall have the right of access to the workshops and other places of the Nominated Sub-Contracior as ‘mentioned in Clause 9.0. ‘The Architect shall direct the Contractor as to the total value of the work, materials or goods executed or supplied by a Nominated Sub-Contractor included in the caleulation of the amount stated to be de in any certificate issued under Clause 30.0 and shall forthwith inform the Nominated Sub-Contractor in writing of the amount of the said total value. ‘The sum representing such total value shal be paid by the Contractor to the ‘Nominated Sub-Coatractor within fourteen (14) days of receiving from the Architect the certificate less only any retention money which the Contractor may be entitled to ‘deduct under the terms ofthe sub-contract and less any sum to which the Contractor may be entitled in respect of delay in the completion of the sub-contract works or any part thereof. ‘The Architect, t any time before the issuance of the Final Cenifcate, may request the ‘Contractor to furnish to him reasonable proof that all amounts stated as due and included. in the previous certificates in respect of the total value of the work executed, materials fr goods supplied by the Nominated Sub-Contractor have been discharged. If the Contractor fails to comply with any such request, the Architect may issue a certificate to that effect and thereupon the Employer may himself pay such amounts 10 any [Nominated Sub-Contractor concemed and deduct the same from any sums due or 0 ‘become duc to the Contractor. When the Architect is of the opinion that it is appropriate to do so, he may issue the aforesaid certificate inespective of whether or not an Interim Certificate under Clause 30.0 is due for issuance ‘The Contractor shall not grant to any Nominated Sub-Contractor any extension of time Within which the sub-contract works or (where the sub-contract works are to be completed in parts) any part thereot is to be completed without the writen approval of the Architect. The Contractor shall inform the Architect of any representations made by any Nominated Sub-Contractor as to the cause of any delay in the progress or ‘completion of the sub-contract works or any part thereof, and the approval of the Architect shall aot be unreasonably withheld 275 (i) If any Nominated Sub-Contractor fails to complete the sub-contract works fr (where the sub-contract works are to be completed in parts) any part thereof within the time stated in the sub-contract or within any extended time granted by the Contractor, with the written approval of the Architect, then ifthe same ought reasonably so to have been completed, the Architect shall certify in writing accordingly; immediately upon issue the Architect shall senda duplicate of any such certificate to the Nominated Sub- Contractor. I the Atchitect wishes to make final payment to any Nominated Sub-Contractor before final payment is due fo the Contractor, and if the Nominated Sub-Contractor has satisfactorily indemnified the Contractor against any latent defects, then the Architect may in an Interim Certificate include an amount to cover the said final payment, and thereupon the Contractor shall pay to such Nominated Sub-Contractor the amount so certified. Upon such final payment, the amount stated in the Appendix as Limit of Retention Fund shall be reduced by the sum which bears the same ratio to the said amount as does such sub-contract price to the Contract Sum and except for latent defects the Contractor shall be discharged from all lability for the work, materials or goods executed or supplied by such Nominated Sub-Contracior under the sub-contract, ment by. Contractor to Nominated Sub- Contractors allure of Contractor to Pay Nominated Sab- Contractors Failure of ‘Nominated Sub- Contractors to Complete Final Payment to Nominated Sub- Contractors fore Fin Payment 10 Contractor 2Employer Not in ‘Any Way Liable tothe Contractor or Any ‘Nominated Sub- Contractors Contractor Shall Bie Permitted to Tender Tor PC Suns Expenditure of Provisional Sums ‘or Prime Cost (PC) Sums Meaning of Prime Cost Definition of Nominated Suppliers and ‘Thelr Obligations Materials snd Gonds by Contractor 217 278 28.0 28.1 28.2 28.3 ‘The Contractor shall be fully responsible for all Nominated Sub-Contractors or Suppliers and for any default or breach of contract on their part and the Employer shall inno circumstances be liable to the Contractor. Neither the existence nor the exercise of the foregoing powers nor anything else contained in these Conditions shall render the [Employer in any way liable 10 any Nominated Sub-Contracto. Where the Contractor in the ordinary course of his business directly carries out works for Which provisional or prime cost sums are included in the Contract Bills and where items of such works are set out in the Appendix and the Architect is prepared to receive 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 Employer's rights to reject the lowest or any tender. If the Contractor's tender is accepted, he shall not sublet the work or any part thereof without the approval of the Architect. 27.8 ()) Wheres prime cost sum arises under the Architect's instructions issued under Clause 11.3 it shall be deemed for the purposes of this Clause to have been included in the Contract Bills and the item of work to which it relates shall likewise be deemed to have been set out in the Appendix. 27.8 (i) It shall be a condition of any tender accepted under this Clause that Clause 11.3 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 Contract Bills there vere references to the equivalent documents included in or referred to in the tender. Nominated Suppliers ‘The following provisions of this Condition shall apply where prime cost sums are included in the Contract Bills or arise as a result of the Architecr’s instructions given in regard to the expenditure of provisional sums, in respect of any materials or goods to be fixed by the Contractor. ‘The term prime cost when included or arising as aforesaid, shall mean the net cost 10 be efrayed as prime cost after deducting any trade or other discount and shall include the cost of packing, carriage and delivery. Where in the opinion of the Architect the Contractor hhas incurred expense for special packing and/or special cartiage, such special expense shall be allowed as part of the sums actually paid by the Contractor and added t0 the Contract Sum, All specialists, merchants, tradesmen or others who are nominated by the Architect to supply materials or goods to the Contractor ate referred to as "Nominated Suppliers". The ‘Architect shall not (except where the Architect and Contractor agree otherwise) nominate as supplier a person or company who will not enter into @ contract of sale which provides (inter alia): 28.3 (2) that the materials or goods to be supplied shall be to the reasonable satisfaction of the Architect. 28.3 (ii) that the Nominated Supplier shall make good by replacement or otherwise any efects in the materials or goods supplied which appear within such period as is therein mentioned and shall bear any expenses reasonably incurred by the Contractor as a direct consequence of such defects except where the materials ‘or goods have been used or fixed and the defects sre not such that examination by the Contractor ought to have revealed them before using or fixing or where such defects are due solely to defective workmanship or materials in the goods supplied and not have been caused by improper storage by the Contractor or by misuse or by any act or neglect of either the Contractor, the Architect or the Employer or by any person or persons for whom they may be responsible 28.3 (il) that the delivery of the materials or goods supplied shall commence and be completed at such times as the Contractor may reasonably direct, The Contractor shall pay in full for the materials or goods supplied by a Nominated Supplier within 30 days ofthe end of the month daring which delivery is made,29.0 29.1 30.0 30.1 30.2 30.3 30.4 30.5 Artists And Tradesmen ‘The Contractor shall permit the execution of work not forming part of this Contract by amists, tradesmen or others engaged by the Employer. Every such person shall, for the purposes of Clause 18.0, be deemed to be a person for whom the Employer is responsible and not to be a sub-contractor. Certificates And Payment CCemtficates to be issued by the Architect under these Conditions shal be issued to the Contractor with a copy to the Employer. The Architect may, by any certificate correct any error or discrepancy which has been discovered in any previous certificate, or may modify any previous certificate, other than a Certificate of Practical Completion or the Final Certificate, which has been issued by him. Daring the Period of Interim Certificates stated in the Appendix, the Contractor shall submit details and particulars tothe Architect, sufficient for the Architect to consider land ascertain the amount to be stated in an Interim Certificate. Upon receipt of the Contractor's details and particulars, the Architect shall issue an Interim Certificate to the Contractor with a copy t the Employer, and the Contractor shall be entitled to payment thereafter within the Period of Honouring Certificates stated in the Appendix. Provided slways that the Architect shall have the discretion to make interim valuations whenever he considers nevessary for ascertaining the amount to be stated as due in an Interim Certificate. ‘The amount stated as due in an Interim Certificate shall, subject to any agreement between the parties ab to stage payments, be the total value of the work properly executed and where the Contractor had paid to the supplier the full cost of the materials and goods delivered to or adjacent to the Works for use thereon up to and including @ date not more than seven (7) day’ before the date of the said certificate less any amount which may be retained by the Employer (as provided in Clause 30.4) and less any installments previously certified under the Conditions. The certificate shall only include the value ofthe said materials and goods from such time as they are reasonably, properly and not prematurely brought to or placed adjacent to the Works fand then only if adequately protected against weather or other casualties 30.3 (i) Unless otherwise expressly provided in these Conditions, the Employer shall not be entitled to withhold or deduct any amount certified as due under any Architect's certificates by reason of any claims to set-off or ‘counterclaims or allegation of defective works, materials or goods or for ‘any other reasons whatsoever which he may purport to excuse him from ‘making payments of the amount stated to be due in an Interim Cerificate 30.3 (ii) I the event of any disputes or differences as to any rights of the Employer to st off or to any counterclaims or any allegation of defective ‘works, materials oF goods or for any other reasons then such disputes or differences shall be referred to an arbitrator for judgment under Clause 34.0. ‘The Employer may retain the percentage of the toal value of the work, materials and ‘goods referred to in Clause 30.3 which is stated in the Appendix as Percentage of Certified Value Retained. When the sum ofthe amounts so retained equals the amount stated in the Appendix as Limit of Retention Fund or that amount as reduced in pursuance of sub-clauses 16.1 (vi) and 16.1 (vi) and/or Clause 27.6 as the case may be, then no further amounts shall be retained by virtue ofthis Clause, ‘The amount retained by virue of Clause 30.4 shall be subjected to the following rules: 30.5 (i) The Employer's interest in any amount so retained shall be fiduciary as trustee for the Contractor (but without obligation to invest) and the Contractors beneficial interest therein shall be subject only to the right ‘of the Employer to have recourse thereto from time t0 time for payment of any amount as the Architect may certify that he is entitled under the provisions of this Contract to deduet from such sum due or to become de to the Contractor. Execution of Work Not Forming Part of Contract Issue ot ‘Architect's Certificates Issue of Interim Certificate Amount Due in ineri Certificates No Entiement tosetomr by Respect of espe “Amount Stated in Interim Coriestes Dispates or Differences in Respect of Right fo Secor ‘Nebitration Certified Value’ Retained ales Regain Retention Fund” mime In Retention Fund Shall be Fiduciary AAs Teastee 2%Contractor to belinformed in Writing of Deduction from ‘Montes Due or to Become Doe Release of One Mot or Retention Release of ‘Second Moiety ‘of Retention Completion ot 30.6 Siiciceat ona ‘Valuation and Certiieates Documents ‘Required for Computation of ‘Contract Sam Provisions 30.7 Certificate No Certificate 30.8 ‘of Architect Shall of set be Evidence 30.5 (ji) When the Employer exercises 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 30.5 (ii) Upon the issue of the Certificate of Practical Completion the Architect 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 Period for Honouring Certificates stated in the Appendix. 30.5 Gv) On the expiration of the Defects Liability Period stated in the Appendix or on the issue of the Certificate of Completion of Making Good Defects, whichever is the later, the Architect shall issue 2 Certificate for the residue of the amounts then so reisined and the Contractor shall be entitled to payment within the Period of Honouring Certificates stated in the Appendix. ‘The measurement and valuation ofthe Works shall be completed within the Period of Final Measurement and Valuation stated in the Appendix and the Architect shall then issue a penultimate certificate of payment together with a copy of the summary of the ‘measurement and valuation not later than the end of the said period and before the issue of the Final Certificate under Clause 30.7 30.6 (i) Either before or within six months after Practical Completion of the Works the Contractor shall send to the Architect all documents necessary for the purposes of the computations required by these Conditions including all documents relating to accounts of Nominated Sub-Contractors and Nominated Suppliers, 30.6 (i) In the settlement of accounts the amounts paid or payable under the appropriate sub-contracts by the Contractor to Nominated Sub-Contractors or ‘Nominated Suppliers, the amount paid or payable by virtue of Clause 44 in respect of fees or charges for which 2 provisional sum is included in the Contract Bills, the amounts paid or payable in respect of any insurances ‘maintained in compliance with Clause 19.3, the tender sum (or such other sum as is appropriate in accordance with the terms of tender) for which a tender ‘made under Clause 27.8 is accepted and the value of any work executed by the Contractor for which a provisional sum is included in the Contract Bills shall bbe set against the relevant prime cost or provisional sum stated in the ‘Contract Bills or arising under the Architect's instructions issued under Clause 3. 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 Contract Bills shall be ‘added to or deducted from the Contract Sur. No deduction shall be made in respect of any damages paid or allowed to the Contractor by any sub- contractor or supplier. Before the expiration of three (3) months from the end of the Defects Liability Period stated in the Appendix or from completion of making good defects under Clause 15.0 or from receipt by the Architect of the documents referred 10 in sub-clause 30.6 (i) whichever is the later the Architect shall issue a Final Certificate which shall state 30.7 G) the sum paid to the Contractor under Interim Certificates and the amount stated in the Appendix as Limit of Retention Fund. 30.7 Gi) the Contract Sum adjusted as necessary in accordance with the provision in these Conditions. 30.7 (ii) the difference, if any, between the two shall be expressed as a balance due to the Contractor from the Employer or to the Employer from the Contractor as the case may be. Subject to any deductions authorised by these Conditions, the balance as from fourteen (14) days after the issue of the Final Certificate stall be 2 debt payable by the Employer to the Contractor or as the case may be from the Contractor to the Employer. [No cenificate of the Architect shall of itself be conclusive evidence that any work, materials or goods to which it relates are in accordance with the Contract,3 u 32 32 1 Outbreak Of Hostilities If during the currency of this Contract there is an outbreak of hostilities (whether war is declared or not) in which Malaysia is involved on a scale involving the general mobilisation of the Armed Forces of the Government in the State or States of Malaysia in which the Works are to be carried out then either the Employer oF Contractor may at any time by notice by registered post or recorded delivery to the ther forthwith determine the employment of the Contractor under this Contract. Provided always that such notice shall not be given 31.2) Before the expication of twenty eight (28) days from the date on which the order is given for general mobilisation as aforesaid: or 31.2 (ii) After Practical Completion of the Works unless the Works or any part thereof have sustained war damage as defined in Clause 32.4 Determination by Employer for Contractor ‘After a notice under Clause 31.1 has been given by the Contractor to the Architect or Architect's to the Employer, the Architect may within fourteen (14) days issue instructions to the Instructions Contractor requiring the execution of such protective work as specified in the peeuraane instructions’ and the Contractor will comply with such instructions as if notice of Work determination had not been given. IF the Contractor for reasons beyond his contol is prevented from completing the ‘works to which the sid instruction relate within three (3) months from the date on Which the instructions were issued he may abandon such work 313 (i) Upon the expiration of fourteen (14) days from the date on whieh notice Payment fof determination has been given by the Contractor to the Architect or to Resulting from the Employer under Clause 31.1 of where the works are required by the Determination “Architect under Clause 31.3 and upon completion or abandonment as the case may be of any such works, the provisions of Clause 31.3 (except Sub-clause 26.2 (i) (@) of these Conditions) shall apply ond the Contractor shall be paid by the Employer the value of any work executed pursuant to instruction given under Clause 31.3, the value being Sscertained in accordance with Cause 11.5 a6 if such works were a Variation required by the Architect. War Damage In the event of the Works or any part thereof or any unfixed materials or goods Procedures intended fo, delivered to and placed on or adjacent to the Works sustain war damage Following War then not withstanding anything expressed or implied elsewhere inthis Contract: Damage io Works, dd Goods () the occurrence of such war damage shall be disregarded in computing. any amounts payable o the Contractor under or by virtue of tis Contract 432.1 (ii) the Architect may issue instructions requiring the Contractor to remove ‘and/or dispose of any debris and/or damaged work andor 10 execute such protective work as specified 32.1 (iii) the Contractor shall reinstate or make good such war damage and shall proceed with the carrying out and completion of the Works. and the ‘Architect shall grant to the Contracor a fair and reasonable extension of time for the completion ofthe Works 32.1 (iv) the removal and disposal of debris or damaged work. the execution of protective works and the reinstatement and making good of such war ‘damage shall be deemed to be a Variation required by the Architect. U6 at any time afer the oscurrence of war damage under Clause 20 the expression Architect's “protective work" as used in the said Clause shall be deemed to include any matters in Insractons rMapect of which the Architect can issue instructions under Clause 31.3 and sub-clause AMET 32.1 (ii) and any instructions so issued prior to the date on which notice of | War Damage ‘determination is given or received by the Employer and which have not been Completely complied with shall be deemed to have been given under Clause 31.3 tthe even of outbreak of hoiss the parties may at any tine by agreement tween them make yeh father oF oer fragments ss they think ft to meet the ercumtancesEmployer's 32.3 Eniement to Compensation I Respect of War Damage Definition of 32.4 ‘War Dameze 33.0 Antiquities 33.1 Sie Found ‘Tobe Propert Ot imple Contractor's Loss 33.2 gate Expense ‘with Architect's Tnstrations Contractor to 33.3 ‘abit [Necessary Detals 34.0 es or 341 Differences to be Referred to ‘Avbitration ‘The Employer shall be entitled to any compensation which may at any time become payable out of monies provided by Parliament in respect of war damage sustained by the ‘Works or any patt thereof or any unfixed materials or goods intended for the Works which shall at any time become the property of the Employer, ‘The expression "war damage" means: 32.4 () 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. 32.4 Gi) damage occurring (whether accidentally or not) as a direct result of measures, taken under proper authority to avoid the spreading of, or otherwise 10 mitigate, the consequence of such damage as aforesaid 3244 ili) accidental damage occurring as the direct result of any precautionary or Preparatory measures taken under proper authority with a View to preventing or hindering the carrying out of any attack by the enemy or of precautionary or preparatory measures involving the doing of work on land and taken under proper authority in any way in anticipation of enemy action being in either case measures involving a substantial degree of risk 10 property; providing that the measures mentioned do not include the imposing of restrictions on the display of lights or measures taken for taining purposes, For the purpose of this sub-condition, such action against the enemy is referred to in sub- clause 32.4 (j) 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 naval, ‘military or air reconnaissances and patrols Antiquities AA fossils, antiquities and other objects of interest or value which may be found on the site or in excavating the same during the progress of the Works shall become the property of the Employer. Upon discovery of such objects the Contractor shall forthwith cease ‘work and shall not disturb the object and take all necessary precautions to preserve the ‘object in the exact position and condition as it was discovered. He shall immediately notify the Architect or the Site Staff ofthe discovery and the Architect shall issue relevant instruction in this regard to what has to be done. If in the opinion of the Architect compliance with his instructions in regard of what has to ‘be done involved the Contractor in direct loss and/or expense for which he would not be reimbursed by a payment made under any other provision in this Contract then the Architect shall himself ascertain or instruct the Quantity Surveyor to ascertain the amount of such loss andior expense and any amount from time to time so ascertained shall be added tothe Contract Sum, If an Interim 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. ‘The Contractor shall submit to the Architect of such details of such direct loss and/or expense as are reasonably necessary for the ascertainment under sub-clause 33.2 of this Condition, Arbitration In the event that any dispute or difference arises between the Employer, of the Architect on his behalf, and the Contractor, either during the progress or after completion or abandonment of the Works regarding: 34.1 G) any matter or thing of whatsoever nature arising thereunder or in connection therewith, including any matter of thing left by this Contract to the the discretion of the Architect: or 34.1 (i) the withholding by the Architect of any cenificate to which the Contractor may claim to be entitled to: or 34.1 Gil) the measurement and valuation in sub-clause 30.5 G); oF 34.1 (iv) the rights and liabilities ofthe parties under Clauses 25.0, 26.0, 31.0 or 32.0;34.2 343 344 34.5 34.1 (v) the unreasonable withholding of consent or agreement by the Employer or the Architect on his behalf or by the Contractor. then such disputes or differences shall be referred to arbitration. ‘Upon the disputes or differences having arisen then: 342 () any party may serve written notice on the other party that such disputes or differences shall be referred to an arbitrator 10 be agreed beoweea the parties; or 342 Gi) falling agreement or absence of reply or reluctance 9 act by the other party then the party serving the written notice may after the expiration of fourteen (14) days from the date of the notice to concur on the appointment of an Arbitrator, apply to the President or Deputy President for the time being of Pectubuhan Akitek Malaysia to appoint an arbitrator land such asbitrator so appointed shall be deemed to be appointed with the ‘agreement and consent of the partes to this Contract. Upon appointment the Arbitrator shall, with despatch, initiate the arbitration proceedings following the provisions of the Arbitration Act 1952 (Revised 1972) or ‘any statutory modification or re-enactment thereof for the time being in force and the PAM Arbitration Rules or any modification or revision thereof. Te hearing may be held “ex parte” should either party, after having been given proper notice, fail 10 attend, The Arbitrator shall, without prejudice to the generality of his powers, have power: 344 (i) to reotify the Contract so that it accurately reflects the true agreement ‘made by the Employer and the Contractor, 34,4 (i) to direct such measurements and/or valuations as may in his opinion be desirable in order to determine the rights of the parties; 3444 (ii) to ascertain and award any sum which ought to have beea the subject of oF included in any certificate; and 344 (iv) to open up, review and revise any certificate, opinion, decision, requirement, or notice; and 344 (¥) to determine all matters in dispute submitted to him in the same manner as if n0 such certificate, opinion, decision, requirement or notice had been given: 34.4 (vi) to award interest from such dates at such rates and with such rests as he thinks ft: 4) on the whole or part of any amount awarded by him in respect of any period up to the date of the award: ) 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 34.4 (vii). 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 fulstanding amount of any award Such references except on Article 3, 4 or S of the Articles of Agreement or on: 34.5 (4) the question of whether oF not the issue of an instruction is empowered by these Conditions; or 34.5 (i) any dispute or difference under Clause 31.0 and 32.0; or 34.5 (ii) whether or not 2 certificate has been improperly withheld or not in accordance with these Conditions shall not be opened until after Practical Completion or alleged Practical Completion of the Works or termination or alleged termination of the Contractor's employment lunder this Contract, or abandonment of the Works, unless with the written consent of the Employer or the Architect on his behalf and the Contractor. Procedures for Appointment of Arbitrator emer Hearing Powers of ArbitratorMediation Under PAM Rules Prior Reference ta Mediation Does Not Prejudice the Parties Rights to Arbitration 34.6 35.0 35.1 35.2 ‘The award of such Arbitrator shall be final and binding on the partes. Mediation Notwithstanding Clause 34.1 of the Conditions, upon the agreement of both the Employer and the Contractor, the parties may refer their dispute as to any matter arising, lunder ot out of or in connection with the carrying out of the Works and whether in contract or in tor, or as to any direction or instruction or certificate of the Architect or 85 10 contents of or granting or refusal of or reasons for any such direction, instruction or certificate for mediation under the Mediation Rules of the Pertubuhan Akitek Malaysia before a mediator to be appointed by the President or Deputy President for the time being of Pertubuhan Akitek Malaysia. FFor the avoidance of doubt, prior reference of the dispute to mediation under Ciause 35.1 shall not be a condition precedent for its reference to arbitration by either the Contractor or the Employer, nor shall any of their rights to refer the dispute to arbitration in pursuant to Clause 34.0 of the Conditions be in any way prejudiced or affected by this clause, uAppendix Defects Liability Period [if none other stated is 6 months from the day named in the Certificate of Practical ‘Completion of the Works.} Percentage to cover Professional fees Date of Commencernent Date for Completion Liguidated and Asoertained Damages ‘Sectional Completion (*) Clause 15.0, 16.0 and 30.0 A 21.0 21.0 22.0 at the rate of RM per 21.0 Section Date of Commencement 21.0) Date of Completion (21,0) Tiguidated and Ascertained Damages at the rate of (22.0) Period of delay (if none stated is one (1) month) Prime cost sums for which the Contractor desires to tender. Period of Interim Certificates [if none stated is one month] Period of Honouring of Certificates [Gf none stated is 14 days from the date of the Interim Certificate} Percentage of Centfied Value Retained (Ef none stated is not exceeding 10% of Contract Sum) Limit of Retention Fund (if none stated is not exceeding $9% of Contract Sum) Period of Final Measurement and Valuation [iff none] stated is 6 months from the day named in the Certificate of [Practical Completion of the Works} 26.0 30.1 30.1 30.4 30.4 RM 305 (0) Footnote - This iso be used when there are different completion dats for identified sections or parts of works. 2Agreement And Conditions of Building Contract Between And Dated: PRIVATE EDITION WITH QUANTITIES This Form is issued under the sanction and approval of Pertubuhan Akitek Malaysia Edition 1998 Revised October 1998 © Copyright of Pertubuhan Akitek Malaysia 4 & 6 Jalan Tangsi 50480 Kuala Lumpur, Malaysia