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THE DIFFERENCE BETWEEN JKR/PWD AND PAM CONTRACT

JKR/PWD PAM

- Standard form of contract for government and - Standard form of contract for private sector and
public sector project. traditional general contract

- JKR/PWD covered all building and engineering - PAM covered building work only.
work.
- PAM contract not covered
- Standard form for JKR/PWD are : I. Engineering construction contract (other
I. 203 (Rev 10/83) without quantities than building
II. Package deal / Turnkey
II. 203A (Rev 10/83) with quantities III. Management type
IV. Domestic subcontract
III. 203N (Rev 10/83) for NSC V. Serial contract
VI. Periodic /Term contract
IV. 203P (Rev 10/83) for nominated VII. Continuation control
suppliers VIII. Other miscellaneous contract

V. PWP Form DB/T (2000 Edn) For Design - Standard form for PAM :
And Build Turnkey Contracts (Building Works)
I. PAM 98 with quantities
Miscellaneous :
I. CIDB Form for building contracts 2000 II. PAM 98 without quantities
Edn
III. PAM NSC 98
II. Modified JKR/PWD Forms, eg LPK, MHA
etc
ISSUES PERIOD OF ISSUE OF PERIOD OF ISSUING AMOUNT
INTERIM INTERIM HONOURING PERSON TO BE
CERTIFICATE CERTIFICATE THE PAID
OF SITE CERTIFICATE
VALUATION

CONTRACT
FORM
PWD One month 14 days after 30 days from Superintending Value of
[Clause 47(a)] site the Officer (S.O) Work
203A valuation date of the Done +
[Clause 47 issuance 90%
(b)] of the Interim Material On
Certificate Site
[Clause 47(d)]

PAM One Month Upon the 14 days from Architect Value of


[Clause 30.2) receipt of the date Work Done
1998 Contractors of the + 90%
details issuance of Material On
and particulars Interim Site
[Clause 30.2] Certificate
[Clause 30.2]

DIFFERENCE BETWEEN CONTRACT FORM JKR 203A & PAM

PWD 203A Standard Form of Contract (Ed.1983)

This form of contract contain no expressed provision that allows the Contractor to suspend the
works if his payment was unduly delayed or he is not getting his payment at all.

In the PWD203A Form of Contract (2007), it is stipulated that the period for honouring the
certificate is 30 days from the date of the issuance of the certificate. Clause 30.1 of the PAM
Form of Contract (2006) stated that the period of honouring certificate is within 21 days after the
issuance of the certificate. Any payment made later than the stipulated time frame can be
considered as late or delayed payment

PAM Form of Contract 1998

There is no express provision that permits the Contractor to suspend his work when he is not
paid or his payment was not forthcoming in due time after receiving the Interim Certificate.
Clause 25(1) (ii) and Clause 23.4 state that the Contractor is to proceed regularly and diligently
and he is to use his best endeavours to prevent delay. The clauses clearly demand the
Contractor to show a good performance and continue with the work to prevent disruption to the
progress of the project.

PAM Form of Contract 2006

But the new PAM 2006 contains provision that give the Contractor to suspend the progress of
work if the Contractor is faced with problem of delayed or non payment by the Employer. It is
clearly stated in clause 30.7. But it requires the Contractor to give a written a notice to Employer
with reason to suspend the works until the Employer has paid the amount due to the Contractor