Professional Documents
Culture Documents
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Time Quality
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Dispute
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Resolution
ITEM DESCRIPTION
TIME • Clause 23.1 – MC should beware of the ‘time bar (28 Days)’ in respect of
claims for EOT and ensure that notices and particulars are given in a timely
manner. Architect either reject or issue a Certificate of EOT within 6 Weeks
from the receipt of sufficient particulars from MC.
• Clause 30.7 – MC may suspend work if the Employer fails to make timely
payment and entitled to EOT (and loss and expense) for such suspension
(Clause 23.8(v) & 24.3(m)).
Money • Clause 24.3 – 7 additional ‘matters’ entitling MC to claim for Loss /Expense
Matters • Clause 11.7 (additional variation), Clause 24.1 (Loss and/or expense) – ‘time
bar’, ensure notices and particulars are given in timely manner.
• Clause 11.6 – ‘substantial change’ in quantities of ‘provisional quantities’ or
due to Variation entitles the Employer/Contractor to a change in rates.
• Clause 11.8 and Clause 24.2 –MC is required to keep contemporaneous
records
• Clause 30.4 – Employer is entitled to set off for costs incurred and or loss
and/or expense. Employer required to give notice prior to withholding and
deducting monies from payments due to contractor.
• Clause 30.17 –A simple interest based on Maybank Base Lending Rate plus
1% shall be payable by the defaulting party who fails to make any payments
to the other party ( Contractor or Employer).
ITEM DESCRIPTION
QUALITY • Clause 15.1 – defines ‘Practical Completion’.
• Clause 15.2 – Architect required to either certify PC, or refuse with
reasons within 14 days of receiving Contractor’s Notification.
• Extends the powers of Architect in terms of ‘defects’
• Comprises of:
a) Date of agreement,
b) Names of the respective parties,
c) The places of business of registered addresses
d) A short description of the Works to be
completed with reference to the Contract Bills,
Drawings and Specifications.
• Introduces the employer, the contractor and the
key personnel in the Contract, specifies the scope
of Works, the consideration payable and contains
operational definitions of the important terms
and expression used in the Contract.
Articles of Agreement
The Contractor shall be liable for and shall The Contractor shall be liable for and shall
indemnify the Employer against any indemnify the Employer against any
expense, liability, loss, claim or damage, expense, liability, loss, claim or
proceedings whatsoever in respect of proceedings whatsoever whether arising
personal injury to or the death of any at common law or by statute in respect of
person whomsoever arising out of or in personal injury to or death of any person
the course of or caused by the carrying arising out of on in the course of or
out the Works, unless it is solely due to caused by the carrying out of the Works
any act or neglect of the Employer or of and provided always that the same is due
any person for whom the Employer is to any negligence, omission, default
responsible. In that event, the Employer and/or breach of Contract by the
shall be liable Contractor or of any Person whom the
Contractor is responsible
Clause 22.0 – Damages For Non-
completion
PAM 1998 PAM 2006
• Without issuance of • Clause 22.1 – ‘Certificate of
‘Certificate of Non Non Completion’ (CNC) is
Completion’ (CNC) by the introduced, and the CNC is
Architect the conditions precedent to
• Liquidated and Ascertained deduction of LD
Damages (LAD) • Liquidated Damages (LD)
• Clause 22.3 – New clause.
CNC can be ‘revoked’ by a
subsequent Certificate of
Extension of Time.
PAM 1998 PAM 2006
• No time limit. Procedures • 2 - tier procedures - a notice
and decision within a within 28 Days of Relevant
‘reasonable time’ Event, followed by supporting
particulars within 28 Days of
• Relevant Events: 12 cessation of the delay
numbers
• Time limit – Architect to
assess and make decision 6
weeks after receipt of
sufficient particulars
• Relevant Events: 24 numbers
Clause 24.0 – Loss And/or Expenses
Caused by Matters Affecting the Regular
Progress of the Works
PAM 1998 PAM 2006
• Without ‘time bar’ for • 2 – tier procedure – a notice
within 28 days of ‘matters
procedure involved referred to in clause 24.1’.
• Ascertainment provision – Followed by supporting
Clause 24.1 particulars within 28 Days
upon ending of the ‘matter’.
• Clause 24.3 – term • Ascertainment provision –
‘circumstances’ used Clause 24.4
• 8 numbers of • Clause 24.3 – term ‘matters’
circumstances used
• 14 numbers of matters –
additional 6 new events
Clause 25.0 – Determination of
Contractor’s Employment by Employer
PAM 1998 PAM 2006