Amendments and Additional Clauses to The PAM “Agreement And Conditions Of Building Contract PrivateEdition With Quantities (Edition 1998 Revised October 1998)” consisting of eight (8) pages (including this page) which are and shall be read and construed as part of the said Agreement And Conditions Of Building Contract. …………………………………………. Signature Of Contractor …………………………………………. Signature Of Officer Name In Full : ………………………… Name In Full : ………………………… I.C. No. : ………………………………. Designation : ………………………….. In the capacity of : …………………… Only authorised to sign for and on behalf of Only authorised to sign for and on SDN. BHD. behalf of …………………………………………. Contractor’s Chop Or Seal …………………………………………. Official Chop Witness : ………………………………. Witness : ………………………………. Name In Full : ………………………… Name In Full : ………………………… Occupation : ………………………….. Designation : ………………………….. Address : ………..…………………….. Address : ………..…………………….. ……………………..…………………… ………………………..………………… …………………………..……………… ………………………..………………… …………………………..……………… ………………………………………….. 1 ” 3. in which case the Contract Sum shall be adjusted accordingly) shall entirely at his own cost amend any error arising from his failure or neglect to check or to notify the Architect of any discrepancy in or divergence between the Contract Documents. Articles of Agreement 1. check for discrepancy in or divergence between the Contract Documents (as hereinafter defined) prior to the execution of the Works or any part thereof.1 Article 7 . notwithstanding any checks carried out by the Architect.3 At the end of Clause 3. materials or equipment warranties from the relevant manufacturers. “Practically Completed” or “Practical Completion” means the completion of all the works specified in the Contract for practical intent and purpose of the Contract and shall include the following:(1) Obtain clearance letter from the relevant Authorities or Utilities Companies for the completed works executed by the Main Contractor necessary for the application and approval of Certificate of Fitness (CF) by Local Authority.Contractor's Obligations 2. he shall immediately give to the Architect a written notice specifying the same and the Architect shall issue instructions in regard thereto.Contract Documents 3.3 insert the following:"The Architect shall without charge to the Contractor and within fourteen (14) days from the date of the receipt of such written application furnish him with two (2) copies of such further drawings and details.1. The Contractor shall ensure that such written notice shall reach the Architect not less than fourteen (14) days from the day on which it is necessary for him to receive the Architect's instruction in regard thereto." 2 . test certificate and as-built drawings: (3) Any other relevant documents required by the Contract Document to signify that the Works have been completed in accordance with the Contract. materials or goods and construction plant actually incurred on the Site and the costs of an overhead nature actually and necessarily incurred on the Site but in either case only in so far they would not otherwise have been incurred and which were not and should not have been provided for by the Contractor.1 Clause 1.2 in its entirety and substitute with the following:“The Contractor shall pre-plan the Works and inter-alia. Clause 3 . and (2) Submission of operation maintenance manuals concerning the Works.2 Delete Clause 1. If the Contractor shall find any such discrepancy or divergence.” "Loss And/Or Expense” means the direct relevant costs of labour.1 Clause 3. The Contractor shall. be responsible for and (unless the Architect shall otherwise instruct.Definitions Add the following additional definitions to Article 7:“s) “t) 2.” Clause 1 . 6 5.5 (iii) Add to the end of Sub-Clause 11." Clause 11 .2 Clause 11. and (b) the Contractor submit a detailed work method statement describing how the defective work. avoid or reduce.1 with regards to the type or the brand of materials or goods as specified in the Contract Documents.4 Insert new Sub-Clause 6.1 Sub-Clause 11. Testing And Inspection 4.1 Clause 6. "The Contractor shall comply with the provisions of Clause 6." New Clause 6.6 Add new Clause 6.6 Delete the words "a reasonable time" in the first line and substitute with the words:“within 30 days of the Architect's instruction or the occurrence" 3 . the Architect's valuation of the same shall be correct and binding for purposes of this Sub-Clause. provided that:- 4.2 (a) the Contractor must first obtain the prior written consent of the Architect.Variations. materials or goods can be rectified. Goods and Workmanship To Conform To Description.4. or (b) If there is an acute shortage or non-availability of the materials or goods in the market which the Contractor has taken all practical steps to prevent. Clause 6 .4(iii) as follows:"6.4(iii) To rectify and make good any defective work so that it is in accordance with the Contract.6 as follows:6. Provisional and Prime Cost Sums 5.5 (iii) the following sentence:“failing which.Materials. The Contractor shall not be permitted to substitute any such materials or goods without the prior written approval of the Architect and such approval shall be subject to the following proviso:(a) The materials or goods is of the standard of quality and workmanship equivalent to those specified in the Contract Documents and any savings resulting therefrom shall be accrued to the Employer." 5. 2 In line 5.2 add the following:“In addition.1 Clause 15. the Architect may issue instructions to the revision of the “Date of Commencement” and the “Date for Completion” shall appropriately be modified or re-calculated. delete the words "within a reasonable time" and substitute with the following:"within such time as may be specified by the Architect.” 4 . (iii) Which can reasonably be foreseen to be inevitable having regard to the nature of the work to be executed or the manner of its execution. Dates of Commencement Given for Sections. loss. vibration. the Contractor shall be wholly liable for further making good of any recurring defects arising out of the defects previously rectified under the provisions of this Clause and such liability shall automatically extend for a further period of three (3) months commencing from the date of the expiry of the original defects liability period or the subsequent extended defects liability period (if any). or if not so specified then within 30 days" At the end of Clause 15. (iv) Arising from a nuclear risk or war risk.3 in its entirety and substitute with the following:The Contractor shall maintain in the joint names of the Employer and the Contractor insurance for such amounts of indemnity as may be specified by way of provisional sum items in the Contract Bills in respect of any expense. subsidence. Clause 21 .6.3 Delete Clause 19.Practical Completion and Defects Liability 6. claim or proceedings which the Employer may incur or sustain by reason of damage to any property other than the Works caused by collapse. weakening or removal of support or lowering of ground water arising out of or in the course of or by reason of the carrying out of the Works excepting damages:- 8. (ii) Attributable to errors or omissions in the designing of the Works. Postponement And Date for Completion 8.5 In the event of any delay in giving possession of the site from the “Date of Commencement” as stated in the Appendix or delay in giving possession of any section or part of the site as provided in Clause 21.Insurance Against Injury To Persons And Property 7. omission or default of the Contractor. his servants or agents.2 hereof. but the Contractor shall not be entitled to claim for any loss or damage caused by such delay in giving possession of the site.1 Clause 19.” 7.Date of Commencement. Clause 19 . nor be entitled to determine his own employment under this Contract. his servants or agents or of any Sub-Contractors. liability.5 Add new Sub-Clause 21.1 New Sub-Clause 21.5 as follows:“21. (i) Caused by the negligence. Clause 15 . Within fourteen (14) days of the receipt of the said written notice. whether in whole or in part. the Contractor shall not be entitled to claim for loss or damage caused by such delay in giving possession of the site.2 New Sub-Clause 21. the total period of extension of time (if any) and certifying that the Contractor is in default in not having completed the Works by the stated Date of Completion or the extended Date for Completion (as the case may be).6 9. and is hereinafter called a "Certificate of NonCompletion ". " Clause 22 . in particular.1 Clause 22. The payment or deduction of such Liquidated and Ascertained Damages shall not relieve the Contractor from his obligations to complete the Works or from any other of his obligations and liabilities under the Contract. the Architect shall give written notice to the Contractor of the causes of such delay. the Contractor may by written notice serve on the Architect:(a) agree to proceed with the Works when the site is subsequently made available. or (b) without prejudice to any other rights or remedies he may possess.1 (iii) of these Conditions and there are no matters entitling the Contractor to an extension of time.6 Add new Sub-Clause 21.Date of Commencement. determine his own employment under the Contract. from any monies due or to become due to the Contractor under the Contract.8. Provided that in the event the giving of possession of the site is delayed beyond three (3) months of the “Date of Commencement” stated in the Appendix. Clause 21 .1 Delete Clause 22.Damages for Non-Completion 9.6 as follows:21.1 in its entirety and substitute with the following:“22. in which case Clause 21.5 shall apply. and may deduct such Liquidated and Ascertained Damages. Postponement And Date for Completion (Cont’d) 8. Upon the receipt of the Certificate Of Non-Completion the Employer shall be entitled to recover from the Contractor Liquidated and Ascertained Damages calculated at the rate stated in the Appendix from the date of default certified by the Architect for the period during which the Works remain incomplete.1 If the Contractor shall fail to complete the Works by the Date for Completion stated in the Appendix to these Conditions or within any extended time fixed under Clause 23 or Sub-Clause 32.1 (iii) of these Conditions. Dates of Commencement Given for Sections. Such certificate shall be issued to the Contractor with a copy to the Employer. the Architect shall issue a certificate setting out the Date of Completion or (if applicable) any modified Date for Completion calculated under Clause 23 or Sub-Clause 32." 5 . 1(i) Delete the Sub-Clause 24.7 (v) add the following:“provided that the Contractor shall show to the satisfaction of the Architect that the execution of such work in giving effect to such Architect’s instructions falls within the critical path of the Work Programme submitted by the Contractor and duly endorsed and approved by the Architect.1. it shall be construed that the Contractor has voluntarily waived his right (whether under this Contract or under common law) to claim for such loss and/or expense.3 in its entirety and substitute with the following:"If and when the Contractor makes written application within the time and submits the relevant information stipulated in Clause 24.” 11. Provided further that if the Contractor shall fail to comply with the requirements of Clause 24.2 Clause 24.1(i) in its entirety and substitute with the following:“the Contractor’s application is made in writing within thirty (30) days of the occurrence of the event or circumstance which has materially affected the regular progress of the Works or any part of it.10. Clause 23 – Extension of Time 10. In assessing the statistical probability of such extra-ordinary weather condition reference shall be made to the Rainfall Statistics issued by the Department of Meteorological Services. with reference to Sub-Clause 23. default or breach of contract by the nominated sub-contractors.3 Delete Clause 24. then the Architect or the Quantity Surveyor as instructed by the Architect shall ascertain the amount of such loss and/or expense. negligence. Clause 24 – Loss and/or Expense caused by disturbance of regular progress of the Works 11. Provided that the Contractor's claim for loss and/or expense under Clause 24 shall be limited only to those recurring portion of the relevant priced Preliminary items included in the Contract and not other whatsoever.” 10.” 10. nominated suppliers and/or the Contractor or any of their respective servants or agents.3 Sub-Clause 23.1 Sub-Clause 23.1 Sub-Clause 24. the following amplification notes should be included:“The words ‘exceptionally inclement weather’ is hereby defined as a condition of weather which on the basis of past records could be considered as having less than 5% chance of occurring in any one year. and” 11.7(vii) At the end of Sub-Clause (vii) add the following:“.2 Sub-Clause 23.7 (ii) In the Preliminaries." 6 . provided the same are not due to any act.7(ii).7(v) At the end of Sub-Clause 23. Department of Civil Aviation or Department of Drainage and Irrigation in respect of the location of or nearest to the site for the past five (5) years. then the Architect shall issue a certificate to that effect and thereupon the Employer may himself pay direct such amounts to any nominated sub-contractor concerned. Provided also that in the event of such default.2 (vii) Delete Sub-Clause 27.2 Clause 27.2(vii) in its entirety and substitute with the following:“that payment due to the nominated sub-contractor less any deductions in accordance with the sub-contract shall be made by the Contractor within 14 days of his receipt of the payment from the Employer under the Architect’s certificate issued pursuant to Clause 30 of these Conditions which includes the value of such sub-contract works and/or materials or goods supplied.” 13.4 Delete Clause 28.3 Clause 27. the Employer shall be entitled to make all payments direct to such nominated supplier in respect of all amounts which may subsequently become due to such nominated supplier which amounts have been certified by the Architect pursuant to Clause 30 hereof.” 7 . Provided also that in the event of such default.” 12. Provided that in the event the Contractor shall fail to pay the nominated supplier the amount due pursuant to any Architect's certificate issued under Clause 30 for which payment has been received by him.3 Delete the words "from the Architect the certificate" in the 6th line and substitute with:"payment from the Employer in respect of the said Architect’s certificate issued pursuant to Clause 30 of these Conditions" 12.4 Delete the sentence starting from the words “If the Contractor fails….” in the 4th line up to the words “become due to the Contractor” in the 8th line and substitute with the following:"If the Contractor fails to comply with any such request or has not paid the nominated subcontractor the amounts stated as due in the previous certificates. then the Employer may himself pay direct such amounts to any nominated supplier concerned.Nominated Supplier 13. the Employer shall be entitled to make all payments direct to such nominated subcontractor in respect of all amounts which may subsequently become due to such nominated sub-contractor which amounts have been certified by the Architect pursuant to Clause 30 hereof.1 Clause 28.12.1 Sub-Clause 27. The amounts paid direct by the Employer to the nominated supplier pursuant to this Clause shall be deducted from any sums due or to become due to the Contractor. Clause 28 .Nominated Sub-Contractor 12. The amounts paid direct by the Employer to the nominated sub-contractor pursuant to this Clause shall be deducted from any sums due or to become due to the Contractor.4 in its entirety and substitute with the following:"All payments by the Contractor for materials or goods supplied by a nominated supplier shall be paid within 14 days of his receipt of the payment under the Architect's certificate issued pursuant to Clause 30 of these Conditions which includes the value of such materials or goods supplied. Clause 27 . ” 15.3.1 Clause 30. the summary of measurement and valuation so issued shall be deemed to have been accepted and agreed to by the Contractor. Clause 36 .7.1 Clauses 36(a) To 36(l) Refer Preliminaries Section of Bills of Quantities. line 3 Delete the words "the full cost" and substitute with the following:"the amount equal to seventy five percent (75%) of the value" 14.” add the following:“If nothing in the summary of the measurement and valuation issued to the Contractor is disputed by the Contractor within thirty (30) days of the issue of the same.2 Clause 30. Clause 30 .6 At the end of line 5 after the words "under Clause30.Additional Conditions 15.14. 8 .Certificates and Payment 14. Amendments And Additional Clauses To The PAM “Agreement And Conditions Of Building Contract Private Edition With Quantities (Edition 1998 Revised October 1998)” .