STANDARD FORM OF CONITRAC:I
TO BE USED WHERE BILLS OF QUANT]ITTES
FORM PART OF THE CONTRACI'
P.W.D. FORM 203A (Rev. 10/83)
CONDITIONSOF CONTRACTTO BE USED WHERE BILN.S
OF
QUANTITIES FORM PART OF TIIE CONITRACT
p.W.D. FORM 203A(Rev.10/83)
This Foro
has beca approvcd by Attonrcy
Gcncrals chanrbcrs
(Rcfcrcocr::
pN. (AD!,.)
i592)
CONDHONS
OF CONTRACT-TabIe
of Conrents
CLAUSE
Proe
ARTICT.ESOF AGREEMENT
t_3
l. DrrnmoNs amoIx'rrnpnr-renox
(a)Definitions
(D)'Approved"and "directed',
(c)Singularand plural terms
(d)Marginalheadings
ot D,otes
4
A
A
4
4
2^ Drmrs or S.O.exo S.O.'sRrpnesEi:Terrvg
(a)Dutiesof S.O. ...
(D)Dutiesof S.O.'sRepresentative
(c)Delegatiou
of S.O.'spower
...
)
5
5
5
3. S.O.'s fucnr ro Tere Acnox
(a) Offi.ce5empoweredto act on behalf of Governmcnt and to approve
vanaUons
(D)No ciaim for compliance
5
4. Scopeor Covrnecr
5
5. S.O.'sInsrnucrroNs
(a)Definition
(D)Compliance
with S.O.'sinstructions
...
(c)S.O.'sinstructions
to be in writing ...
(d) Clain 1e1gempliance
with S.O.'sinstructions
5
5
6
6
6
6. Nouces
6
7. Coxrmcr DocuME.NTs
6
(a) Custody of Contract Documen8
(6) Copiesof Contract Documents
(c) Copiesof working drawings ...
(d) Documentson Site
5
6
6
6
6
6
(e) Return of documents...
(f) Resriction in use
6
Surrrcrmcr or Corrnect Docrrurrrs
(a)Contractpesnmgsfsmutuallyexplanatory...
(D)Discrepancy
7
,I
Mertnnrs .u.u WonrolANsHrp
(a)Qualiryof materials,goodsand workmenship
(b)Sampies,
testingof materiaisasd works covercdup
7
7
7
7
10. Umue'o Mlrsp.urs elo Gooos
7
l l . Srrnronr Orrrcmoxs
(q)Conpliancewith writtenlaw, regulationsand bye-laws
(D)Charges
to be borneby the Governnent
7
7
7
7
7
(c) Iademnity to the Government
(d) Chaage in written law etc.
ru
CONDITIONS OF CONIRACT
1. Definitions snd Itrterpretation
Dr(lrritios.
(a) Iu this Contract (as hereinafter defined) the following words and expressionsshali have
the meanings hereby assignedto tbem except where the context otherwise requires:
(i) "Contract" or "Contrasl !6grrmgnts" means ftg dssrrmgnts forming the tender ancl
acceptancethereofincludine:
-
-
Articles of Agreemeni
Form of Tender,
L,etterof Acceptanceof Tender,
of Contractand the Appendix annexedthereto,
Clonditions
f"''u'
::
:::::::::::!ii:::::1"::
:::l-"
Nil
Nil
-
Contract Drawings,
Biils of Quantities,
Specifications,
ntexetxrdx)fuxffnotibxKlesxrffircet>ootxio(rbs<Apgendie(tqxhx$qo&tiam{xe6(
Oito$ax!f
and all thesedocumentsshall be compiementaryto one another.
(ii) "Contractotr"meansthe person or persons,partnership,firm or companywhose
tender:[or the Works has been accepte$and who has or have signedthis Contract
and such other
and includesthe Contractor'spersonalrepresentatives,
successors
persotrsor body of personsto whom the Contractorhas assignedor sub-letpursuant
to Clause27 of theseConditions.
(iii) "Coutract Sum" meansthe sum Damedin Article 4 of the Articles of AgreemenL
(iv) The initial "S.O." meaDsthe "Superintending
Ofrcer" who shall becD...........
..J.g.lgler.e..Ns.een!.e.r.a..Per-s.e.ks.f
u..$.dn..tshd
;il'hi;'il;;;;;'i;';in;;:'i;;il;;'ir''"i'a'i,iiii"ii;;';;;il;;;;;';f
'rhl;'c;;il;i
any successor
in office of such S.O. shall not disregardor ovemrle any decision,
unlesshe is
aplroval or directiongivento the Contractorin writing by his predecessor
satisfied.that such action will not cause any pecuniary loss to the Contractoror
uuiesssuchactionbe orderedasa variationpursuantto Clause24 of theseConditions.
(v)
Representatives"
meansany person or personsdeputedor authorisedfrum
"S.O.'s
'time to tinie by'the S.O.to performiny or altbf ttre dutiesof the S.O.as may be
from ti:meto time notified in writing to the Contractor by the S.O. pursuant to
Clause2 (c) of theseConditions.
(vi) "Site" rneansthe land and other placeson, under or throug;hwhich the Works are
to be e:recuted
and any other iands or placesprovided or approvedby the Government fc,r working spaceor any other p^urposaas may be s:plcifical]ydesignatedin
the CorrtractDocumentsas forming part of the Site.
(vii) "Works" meansthe worksspecifiedin the ContractDocumentsand includeall or any
portion of the work, materialsand goods wherever the same are manufacturedor
lrepareC which are to be used in tfre execution of this Contract and whether the
samemay be on the Site or nol
"Approvcd"
rnd
"dleted.",
(b) The terms "approved"and "directed"whereverused in this Contractmeansapprovedor
directed in rvriting (includingsubsequentconfirmation of previous verbal approval or
directionsby the S.O.) and "approval" or "directioo" means approval or direction in
writing (inciuding as aforesaid)
Slogulrr rnd
plurrl tcrmr.
(c) Words importing the silgular only also inciude the plural and vice vena where the context
requrres.
Meqlnrl
bcr dinSt
ot BOtg.
(d) The marginal headingsor notesin theseConditions of Contract shall not be deemedto
be part thereofor be takeninto considerationin the interpretationor construction9f this
Coitract
(O Insert the titles of thc relevant SpecialProvisionsinciuded in tbis Contract.
O Statc tbo o6.cial dciignatiou of tbc oftcer responsible for tho ovcrall supcrvision and dircctioo of the Works
2-
Duties of S.O. and S.O.'s R.epresentative
(a) The s'o' shali be respo.osiblefor the overall
supervision aud direction of the works. Ail gu,i",o,
questions reearding any work under this cont.o.iiiuri
u" lotr" up u/1r,i C.rt u.to, wirh .',
the S.O.
(b) The S'o''s Represe-ntativeshall be responsible
to the S.o. and his duties are to watch ourics
or
and supervise the works and to test and
iny -ut."uls vr
or goods
o,
.J
u"t"urij'il
v
-examine
bvver
5*1;.
workmanship employed in connection with tn. woit's.
lativc.
(c) Notwithstanding sub-ciause(a) above, the S.O.
may from time to time in wntins deieeate Dcrq:rioo
to the
S.o''s Representadve
anv of the powersand'authoril*-".rrJi';"^iir.'!,.cj:"d;''ri1ii
;"g;t"
furnish to the contractora.copy of.atl'sucl-wnite" a.i.s",ior
po;;;;riilutnorities.
A-ay instructionor.apprrlyalgtven b.ythe S.O.'sn.pi.s.1't-t"tive
"fro the Conrracrorwithin
the terms of such deidgationiiruit uiia tae Cootta.-tli *' tu"
cou.-rn neot ii uough it
had beengiven by the-S.O.provided alwaysth;;;---- ""4
(i) Faiiure of
S.o.'s
to disapproveany work or materialsshall not
,the
prejudicethe
power:off.epre^surtative
thi S.o., thereaftertd'aisapprovesuchwork or materialsand
to order rhe puiling down, removal or breakingdf, there,lt.
(ii) If the Contractorshallbe dissatisfied
by reasonof any^decision
of the S.o.,sRepresentativehe shall be entitledto reter the matter to the sb., wiro strait-in.;;;p;;
confirm,
reverseor vary such decision.
3. S.O.'s Right to Take Action
(a) Notwithstaudingany pro'visionin this contract, it is hereby
agreedtlat:
O6cer
cmpowcrcd
(i) the right to take action and/or initiate proceedingson behalf
of the Governmentin to act on
bchalf of
respectof any matter.whicharisesout-of rhe privisionsricr"rt*
70,'
Goreromcst
or 54' where approp.Tate,is expressly r.ser""l. to the t t"uuoi offir.-,] cz.5l. 52 and
o, offi.ccrs a p p r olov e
namedin the Appeodix hereto;
vauaqou
(ii) the powerof the S.O.to issueinstructionsrequiringa variation
under
-"."oiouo.e
Cla.use
24 shall
be subjectto the fuiancialiimits set out iu ttre afipendix heretoin
rvith
the relevant.Treasury'sIlstructions issu.edby the"reaeral rreasury oi-the
Covernment of.Malaysia-I,f .tlt. 9.o. rs requlrectto rssuean insiructio"-i.qi,iti"e'^avariation
under Clause24 which is beyond-tle limits uert.d il hil bi-iirru.-or the
said
Treasury'sInstructions,he shail obtain tir.
fiior-ulproval of th6 retevaniauthoriries
of the Governmentin accordancewith ttre iaia Trtisury's insuucrions.
(b) The Contractorshall not be entitled to claim for any delay aud extension
of time or any No claim for
or exPenseor whatsoeverarising for co-mpliaicewith tle provislionsof thiq compliaDcc.
AtI1,:9:t
LOnOruon.
4. Scope of Contract
The Contractorshall upon and subjectto theseConditionsconsfuct and completethe Works Scopc of
shcwn upon.theContractDrawing;s
CoqlBct
ani descrifedbi;; r.f.;Jlo
i" the Bills of euantjrie,
or Specificationand in the.Articiesof Agreemeutind theseConditit"r-ir i"*pu;il;
"nal
therewith,
soods and worl:manship-of the quality and standardstherein specified.The
:tllt-Ti1.ti3l1,
Lonractor shall also make good.any defect,.imperfecdon,shrilkage or any othei fault whatsoever which may aPpearduring the DefectsLiabiiity Periot in aicotaunce with Clause45 hereof.
5. S.O.'s Inskuctions
(") jl:.,S.O'
Dc'qition
Tiy in his abs,rlute-discretionand from time to time issuefurther drawings,----"-9:qll, andi or written inr;tructions(ali of which are hereafter coilectively referred to ij
"S.O.'s instmctions")in n:gard to:
(i) the variation as referred to in Clause 24 hereof:
(ii)
.anydiscrepancyin or betweenthe Contract Documentsas referred.to in Clause 8 (D)
hereof;
(iii) the removalfrom tle Site of any materialsor goodsbrought thereonby the Contractor
-or
and the substitutionsof any oiher materials goods tEerefor;
(iv) the removaland/or re-executionof any works executedby the Contractor;
(v) 4e dismissalfrom the Works of aay pe$on qrentionedin Clause 22bereof.employed
thereupon;
(vi) the openingup for inspection of any work covered up;
(vii) the emssding aod rrraking good of any defectswhatsoeverunder Clause 45:
(viii) any. matter-which is necessaryaud incidental to the carryiDg out arrd completioo
of the Works under this Coniract;
(ix) any matter in respectof which the S.O. is expressiyempo'wered
by this Coatractto
issueiustructious.
(D)fhe Contractorshail (srlbjectto sub-ciause
(c) hereoflforthwith complywith all instructions
iszuedto ltlt by the S.O.If within seven(7) daysafter receiptof a wiitren noricefrom the
S.O. requirtngcompliancewi.than instructionihe Contractord,Jesnot comply therewith,
then the S.O. without prejudiceto any other rights or remediesavailableto lhe Covernment underthis Contractmay employand pay-otherpersonsto executeany work what.
soeverwhich.Pay 9e necessary
to-giveeftecl6 such instructionand all cos'tsincurredin
connectionwith suchemp.loyment
shall be recoverabiefrom tbe Contractorby the Covernment or the S.O. on its behalf as a debt or may be deductedby the Govirnmentfrom
any moniesdue cr to becomedue to the contraitor under this cbntracr
(c) All instructionsissued.bythe S.O.shallbe issuedin writing. Any instructionissuedorally
shall be of no immediateeffect,but shall be confirmedii' wriiing by rhe Contractorto
the S.O.within seven(7) daysafter receiptof the oral instructioi aioresaid.and if not
from in writingby the S.O.to the Contractorwithin seven(7.)daysfrom receipt
dissented
of the Contractor'sconfirmationshall take effectas from the expirationof-the latter said
seven(7) days.Providedalwaysthat if the S.O. within seven(7) daysof givingsuch an
oral instructionshall himself confirm the same in writing. then-the Contrictor-shallnot
be obligedto confirm as aforesaid,and the said instruction shall ta-keeffectas from the
date of the S.O.'sconfirmation.
(d) If in compiiancewith the S.O.'sinstructionas aforesaidiuvolvesexpenseor loss beyond
that ,reasonablycontempiatedby the Contractorfor which the Coniractorwould ndt be
reimbursedby a. paymentmade under any other provision
in this Contract,then unless
-this
the same were issued owing to some breach of
Contract by the Contractor,the
' Contractorshall within one (l) month of receiptof such instruction,give noticein writing
of his intentionto claim for suchexpenseor loss to the S.O. togetherwjth an estinare
of the amotrntof such expenseand/or loss,subjectalways to Claluse48 (a) hereof.
Compliance
wirh S.O.'t
instructiont.
.S.O.'r
instructionr
to bc in
wriling.
Claim for
compliaoce
wirh S.O.'r
instructioos.
6.
Notices
The Contractor slhall notify the S.O. an address where written notices and instructions of the
S.O. under this Contract may be served upon him and shall inform the S.O. of any change in
his address. ln the event of the Contractoi failing to notify the S.O. of such an add-ressor any
change in his addrq;s, such written notices and instructions-shall be deemed to have been served
upog tfe Contractor if they are sent to him by registeredpost to tle address stated in this Contract
or if they are left art his office on the Site hnd-an acknowledgement receipt thereof is slteinsd
fron the Contractor's Site agenl
7.
Currody ot
Conr18ct
Documcntr.
Copic: ol
Contract
Documcntr.
Copie: ol .
PorkinB
orEwng3,
Documcnu
os Siro,
Rcrum of
oocum6u.
RBtrlctloD
la so.
Contrsct Ilocunents
(a) The Contract Documents as aforesaid shall remain in the custodv of the S.O. and sball
n-n.1"^-.1
-.
^-l
t',L--^^,,i-^l
L,,.L^
r^-+-^^.^ue yrvuseeu
as
when required
and
by the /Contractor.
(D)Immediately after the executionof this Contract the S.O. shall lurnish without charge to
the Contractor(uniesshe shall have beenpreviouslyfurnished)with:
(i) one ce.rtifiedtrue copy of the ContractDocuments;
(ii) two copiesof the ContractDrawings:and
(iii) two copies -of-the unpriced Biils of Quantities and (if requestedby the Contractor)
one copy of the priced Bills of Quantiries.
(c) The S.O shail, as and when Decessary
and without charge to the Contractor,furnish
him with two copies of such further' working drawingsbr details as are reasonably
necessary
either to explain and amplify the Contract Drawings or the Specification
(if any;
or to enable the Contractor to constructancl complete the Works in accordancewith
this Contract.Provided that nothing cotrtainedin the said working drawingsor derafu
shall imposeany obligationbeyond-thoseimposed by the Contract-Documeits.
(d) The Contlqctor shall keep one copy of the Contract Drawings, the Specification(if any),
unpricedBills of Quantitiesand other like documentsreferredto in zub-ciause
(c) hereof
on tbe Site and the S.O. shall at all reasonabletimes have accessto ttre same.
(e)Upon final p,aymenton the Final Certificateunder Clause 48 hereof the Contractorshall
if so requestedby thg S.O.,forthwith reilrn to the S.O. all drawings,details,speci-fications,
unpricedcopy of Bills of Quantitiesand other documentsof like nature.
(f) None of the documentshereinbeforemeationed shall be used by the Costractor for any
purpose otber than this Contract
ho
8. Sufficiency of Contract Docrrments
(a) The Contract Documents are to be takeu as mutually explanatory of one another. The g:ll':.,,_.Contractor shail provirJe everything necessaryfor the proper .*.cuiion of the Works unril H:ilfi',:"
Its complettonaccordirrgto the true intent and meaning of the Contract Dccuments takea cxpho3torv
together whether the s;amemay or may not be particularly shown or described provided
the same is reasonabl,l inferred therefrom.
(b) If the Contractor shall find any discrepancyin or divergence between any two or more Discrcpucv.
of the Contract Docu:ments including i distrepancy or liuetgence between parts of any
one of t-hem,he shaii immediately give to th6 S.O. a writtei notice sper:ifying the Ois-thereto.
crepancy or divergence and the S.O. shail issue instructions in resard
Provided
always that such discrepancy or divergenceshall not vitiate this 6ntract.
9 . Materials and Workmanship
(a) AII materials, goods and workmanship shali be oi the respective kiods and standards g:.1q:L:r
described in the Bills of euantities an'a/or Specification. The contractor shali upon the l"Ti!'".,ia.
request of the S.O. furnish him with voucheri and/or manufacturer's tesl certifi;ates 1o workmaasbiP
prove that the materi;rls and goods comply therewith.
(b) The Contractor shall entirely at his own cost provide samples of materials and goods
:.Tll.L
for testing.The Contractor siiaii when instructed.by the S.O. under Clause ji (a) (vi) iiereof H'"',':i.',j
open up f.or iaspectioia any
-work covered-up, _or ?r.r?ngg fo_r^or carry c,ut.any test .of il:.:;'fl.
any materials o-r goods or of any executed work which the S.O.
may in writin! requrre
and the cost of such opening up or testing (together with the cost of uraking-gooil in
consequencethereoO shall-be added to the Contract Sum unless provided tor in the Bills
of Quantities by way of Provisional Sums or otlerwise or unleis the inspection or test
shows that the work, :materials or goods are aot in accordance with this bontracl
10. Unfixed Materials and Goods
Unfixed materials and goods delivered to, piaced on or adjacent to the Workr; and intended uanxca
for incorporation therein, shall not be remove-dexcept for use upon the Works, unless the S.O. n}'r:*'
has consented in writing to such removal. Where the S.O. has included the value of such materials
or goods in any certificate in accordance with Clause 47, under which the Contractor has received
p_ayment, such materials and goods shall become the properry of the Goyernment, but the
Coutractor shail remain responsible for loss or damage to tle same.
11. Stahrtory Obligations
(a) The Contractor shail g;ive ail notices and pay all fees and charges required to be given compriancc
rvr
r r paru
na id
ru'uui
t-.1."
an! wrjtten law, regulationi and bye-laws in relition t6 tbe executiJn of filf ,Il,jl'"
the Works or of any temporary works.
i"r..:,:ilt
(6) Any costs incurred b11 the Contractor ia relatiou to fees and charges for removal of cho,e.'to
sewerageand supply o1 water and electricity, for the installation of peinanent con:rections l;"T:X".$to public sewers and pi:rmanent water and electricity supply shall be borne by the Qsygss- meot.
menl Tbe Governmenl. shall reimburse the Contraltor'fbi such costs by adding it to the
- Contract Sum provided that such cost have not already been i:rcluded i:r tle Confract
Sum by way of Provisional Sum or otherwise.
(c) In addition, the Contr:rctor shall also comply in all other respects with the provision of rnocmity
any such written law, regulations and bye-laws which may be applicable tc, tbe Works or [o'f."*"*
to any temporary worlcs and shall keep the Government indemnified agaiast ali penalties
and liabiiities of every kind for breach of any such provisions.
(d) If after tbe Date of Tender (as specified in the Appendix hereto) there is any change or changc.ia
amendment in any such written-law, reguiations'ind bye-laws'which n:ceisitateJany :,:."""t'*
varialion to the Works or any temporary works, the Contractor shall before xnsking such
varialion give to the S.tf,. written notice specifyingand giving tbe reason for such variation
and apply for an S.O.'s instruction in reterencethereto.
L2. Fossils etc.
All fossiis, coins, articles of value or antiquities and structures and other remains or things of Fo..;r.c1..
geologioal or archaeologicalinterest discoveredon the Site of the Works shall be deemed to be the
absolute property of the Govr:rament and the Contractor shall take reasonabie precautions to
prevent his workmen or any other personsfrom removing or damaging any such articles or thiug
and shall, immediately upon cliscovery thereof aod before removal, acquaint the' S.O. or S.O.'s
Representative of suci discovr:ry and carry out, at the expense of the Government, the S.O.'s
orders as to the disposal of thr: s:me.
13. Patent Rights and RoyaltiesPatent
nghts ano
rcyaltics,
The Contractor shali save harmless aDd indemaify the Government from and against ail claims
and proceedingsfor or on account of infringemeDt of auy patent righs, design, trademark or Dame
or other protected rights in respect of any piant, machine work or material used for or io
conneclion with the Works or any of them and from and against all ciaims, demands, proceedings,
damages, costs, chargesand expenseswhatsoever in respect thereof or in relation ttrereto. Except
where otherwise specified,the Contractor shall pay all tbnnage and other rcyalties, rent, fees and
other payments or compensation (if any) for getting stone, sand, gravel, clay or otber materials
required for the Works or any of them.
14. Setting Out
Sctti.og out.
The S.O. shail deterrrine any levels, boundary stone and any other points cf ref;;ccce v'hich
may be required for the executibn of the Works, and shail fumiih to the Contractor such information as shail enable the Contractor to set out tbe Works at ground level. The Contractor shall be
respousible for and srhallentirely at his own cos! amend any errors arising from his own inaccurate
setnDg oul
15. fnspection of Site
hspcctioo of
The Contractor shall be deemed to have inspected and examined the Site aDd its surrouDdings
and to have satisfied himself before submitti-ughis tender as to the nature of the ground and subsoil, the form and nature of the Site, the extetrt ind nature of the work, materials andgoods necessary
for the completion of the Works, the means of communication with and access to the Site, the
accommodation he may require and in general to have obtained for himseif all necessaryinformation as to risks conthlgenciesand all circrrmstanceinfluencing and aftecting his tender. Any information or document given or forwarded by the Government to the Contractor shall not relieve the
Contractor of his obligations under the provisions of this Clause. The Government gives no
warranty for the infcrmation or document either as to the accuracy or sumcieucy or as to how
the same should be .interpretedor otherwise howsocver and the Contractor shall make use of and
interpret t}re same eotirely on his own risk.
16. Employment of Workmen
Malaysio
cirizcB.
Ratio ol
worLsa.
Paniculaa
of labour.
Soum ol
labow.
On-Sito
Training
Programme
Compliasc
by.!rt'@D6C!OE
(a) The Contracttorshall employ in the execution of this Contract oniy Malaysian citizens as
workmen. If in any partiCular trade or skill required to complete ttre Works, the Conlractor
can show to the satisfaction of the S.O. that Malaysian citizens are not available. then the
Coutractor may employ non-Malaysiaa citizens subject to the apprroval of the Ministry of
l,abour and Manpower.
(b) The ratio of Malaysian citizens who shall be employed by the Contractor in the execution
of this Confact shall reflect the racial ratio of ttre citizens of this country as prescribed
by the Gove,rnment from time to time. This ratio can be varied only with the written
consent of the S.O.
(c) The Contractor shall on the commencement of the Works furnish to the Department of
Labour of tire State in which this Contract is performed all particulars connected with
this Contract and such retunls as may be called for from time to time in respect of labour
employed by him on the execution of this Contract, in accordance with the requirementf
of the Empioyment Ordinance 1955, Emplolrnent (Restriction) Act 1968, and Internal
Securiry @egistration of Labour) Regulation 1960 or any subsequent modification or
re-enacttrrent thereof. The Contractor shall maintain on the Site at all times during the
progress of the Works an up to date register gsatzining particulars of ail workers
emPloYedbY him'
(d) All workmen empioyed in connection with the Works shall be ernployed from within the
District where the Works are situated and where such workmen are not available in the
said District, then from within the State where the Works are siruated. The Contractor
shail immedi.atelyafter receipt of acceptance of tender arratrge with the Local Labour
Office, Distrir:t Officer/Pegawai Jajahan or Penghulu/Penggawato effect such employmenL
This provisio'n may be varied only with the written consent of the S.O.
(e) The Contractor shall, whenever required by the Goverument, employ on the Works trainees
who will be made availabie by the Manpower Department, Ministry of Labour and
Manpower, for purpose of providing them with on the Site training for such period as
may be required by the Government. The conditions for the employment of such traineesare
as set ouf iq the Special Provisious to the Conditions of Contract for Ou-Site Trainilg
Programme.
0)
-- The Contractor shall cause his sub-contractors (including ."iabour-o!iy" sub-contractors)
and Nominarted Sub-contractors to compiy with the provisions of this Coudition,
17. Compliance with Employme,ntOrdinance 1955 etc.
In the emDiovmentof workmen for the executionof this
Contract. the Contractor shall comply
and shall cause'hissub-contracto,"fln.Juo-g "labour only"
sub-contractors)
and NorrLinatedSub-
Complia ncc
Emplotmcnl
C r r r rn r r n r c
1 9 5 5E t c .
iiliix:El,it:?iBit1,*o1lj#J,,'i1;'J,.j5lffi1%,5T;;:Ji;1
",.,'Jlitt.::"'lti:i""""x:
relatingto the empioymentot-*o.tn.n, or any subsequenr
rnodification
1?Ul"-::1::f,rh,.:law
vr re v1r4e!r"v'r c'greof.
Provided that the Contractor
additionai costs and payments whatsoeverin r.sp;;;i
shail not be entitled io
hi;;;;;""..?ir["iirir"doiririoo.
uny claim
for
18. Days and Hours of Working;
No work shall be done on:
(i) the weekly day of rest;
(ii) any public hoiiday which is recognisedin the
district where this Contract is being carricd
out; or
Days and
hoursof
working.
(iii) between the hours of six jin the evening and six
in the following morning;
without the written oermission oi' the S.O. proviCed_that when such written
appiicarion of the
C-ontractor is approved by the sil. in. c"oiracror shall .o-pty fully with all
the requiremenrs
of the Emptoym-entordinance 1955 in;;;;t-ih.r;-;.;;i
suu#quent -oJin.uiiol
or re_
enactme't ttrereof and shall bear irny cosn f-or compiiance therewith.
19. Foreman and Assistants
lrovided elseq'herein this Cootract, the Conrractor shall keep corrstantly on Forcman
--I3l::t^"o*".Tjse
toc )lte ot ue works a competent general foreman and such assistantsin each tiade
as may be 4sistuts.
necessary.who must be capable o:[ reqeiving instructions in Bahasa Maliysia
ot Engfitn, and in
aq{l"Jl they shall be supplied-bythe Goveriment and all wages and ottr.iexp.nses-l"n-conn.ction
with, the employment of such foien:an shall be borne solely U! tfre Contractor.'
Suctr for,:man shall
-the-.purpose
be cleemed to be the Site. agent.of the Contractor-for
of this Contiact and any
directions, expianations or insiructions given to such foreman U'y-in" S.O. shall be deemr:d
to have
Deen gtven to the Contractor under this Contract.
20.
and
Wages Books and Time Sheer
The Contractor shall keep_and shall cause his sub-contractors (including "labour only." subwascs
books
*
contractors) and Nominated Sub-cc,otractorsto.keep proper wages books uoi ti-r steeis iiro*ing ';J'G;
w3ges paid to and the. time worked by all workmeL employea iy him and his
iub-con.rr"oors as
aforesaid in and for t-he performarrce-of this Contract i"a'r[uii
produce tu-rr *ug.i books and
tirne sheetson demand foi inspection by any.persons duty auth-risla uy tneb o. un?itrott furnjsh
to the S.O. or S.O.'s Representativesuch'iiformrttion iefating-to tni ;;g;r-;J.ooaitions
ot
employment of such workmen as rle s.o. may from time to fime require.
21.
Ilefault in Payment of lVages
In the event of default being made in the_payment of any money in respect of wages, a claim
Dcraurrin
of which has been filed in an office of the Dip'arunent ofl,uU*t,'and/or'paymint
ii.espect of F"l_-""i6r
Employee's Provident Fund Contn.butions of iny wortmen emptoyea'uy hci cont.u.to-i'J-'nY' waecs'
sub-contrac-tors(including "labour only" sub-coniru.torii uod- Ntminated Sub-contractcrrsin and
performance of tlis Contract, 6en
nimseff witir tfie lroof rhereof'
lot F..
4e S.O. na"iog-*tirn.a
him may, upon the failure of the contracr;; to
;;.; the saiJ ron.y, ,'ut., poy*.ot
lyry:l"d
,tq
ot such claim to the Director-Genr:ral of Labour and/or Eniplbyee's provident'Fund gbaid, as
the. case may b-e,
9Yt of any monjes at any time due io the tontr".tot under this Contract and
such-paymest shall be^deemedto be a palmeD.t
made to the Contractor by tha Government under
and by virtue of this Contract.
22. Discharge of Workmen
The Contractorshall_only_emplo.y
such technicalstaff, foreman. artificersand labourerson the Discharyc
Works as are th.oroughlyrcfficieit
a.nd.ofgood character.If, in the rof. opioioo-;i-th" S.O. any of workmco
Uy the Contractormisconductshimself or has causedAri"ys
or-ii inc,ompetent,
lE
:l_.^*!loY{,when
'ru.h
the Contractor
so directed.
by the S.O.-in writin_g.shall at once remove
p.rro* fr6m the
Works and he shall not again be-emplolg-don the i?orks without trr" *1t-.r pJ""irtion-of the
S 9 .Aoy person so removedfrom the Works shall be replaced*itloui-a.ray'b-i ; competent
substituteapprovedby the S.O.Providedthat rhe Contracroisball ooiUr.otitrJ to'any clai'mfor
wbatsoeverigcurred by hirn ia iespect of a.ny direction gi"en UiGa S.O.".r.c.de;this
:,1y_,",1p^.:t.
(;fll0lUOA.
23. Access for S,O. to the Works etc.
Acess for
S.O. to tbc
Works crc.
The S.O. and iS.O.'sRepresentative shall at all reasonable times have access to the Works
and Site and' to the workshopsor other places of the Contractor where work is being prepared
for tiris Contract anci where work is beine so prepared in workshops or otier places of a subcontractor or a NominatedSub-contractor,"theConrru.tor shall, by i t':.m in the sub-contract,so
far as possiblesecurea similar rigirt of accessto those workshopsor places for the S.O. and S.O.'s
RepresentativeanrJshali do all things reasonably Decessaryto make such right effective,
24.
Powcr to
order aDd
subsequcnt
conf matioa.
De6sition
of vanalroq.
Valuation
ol variatior&
Quantities
which arc
cooclusivo,.
Pmvisiona,
qurnti tica.
Da]ryorks.
Mea.3ur"BGa.L
Ad jusrmat
to cosrrs€t
Variations
(a) The S.O. may at his absolute discretion issue instructions requiring a variation and he
may confi.rm in writing pursuant to Clause 5 (c) hereof any oral instrucrion requiring a
variation to the Works. No variation required by the S.O. or subsequently conirmed by
him shail viriate this Contracl
(D) The terrn "variation" means the alteration or modification of the design, quaiity or
quandry of the Works as shown upon the Contract Drawilgs, Bills of Quantities and/or
Specificati,rn,and includes the addition, omission or substiturion of any work, the alteration of th,=kind or standard or any of the materials or goods to be'used in the Works
and the removal from the Site of any work, materiais or goods executed or brought thereon
by the Contractor for the purposes of the Works other than work, materials or goods
which are not in accordance with this Contract.
25. Measurement and Valuation of Works Inclucling Variaiions
(a) Ail varialions authorised or subsequently confirmed by the S.O. in writing in accordance
with Claus;e24 hereof shall be measured and vaiued by the S.O. The valuation of variations
and measuredworks shall be made in accordancen'ith the provisions hereinafter provided.
(D) Uniess wh.erethe quantities of the Works or any part thereof are stated as "provisional"
in the Biils of Quantities such quantities are conclusiyg:and not subject to remeasuremenl
For purposesof valuation of variations in respect of the said S'orks or part thereof where
the quantities are conclusive, unless previously or otherwise agreed, such valuation shall
be made in accordancewith the following rules :
(i) The rates in the Bills of Quantities after adjustment if necessary as provided in
Clause 24 (e) hereof, shall determine the valuation of wo::k of similar character and
executedunder similar conditions as work priced therein;
(ii) The said rates, where work is not of -similar character or executed under similar
conditions as aforesaid, shall be the basis of rates for the same, so far as may be
reasonable,faiiing which a fair valuation thereof shall be made by the S.O.;
(iii) The rates in the Biils of Quantities shall determine tle .raluation of items omitted,
provided that if the omission substantially vary the conditions under which any
remariningitems of work are carried out, the rates of such remainiag items shall be
valur:d under rule (ii) of this sub-clause.
(c) Where the quantities of the Works or any part thereof are stated as " provisional" in the
Biils of Quantities the amount to be paid to the Contractor in respect of the said Works
or part thereof upon the completion of this Contract shall be ascertained by remeasurement and valuation oi the Works including any variation eruthorised or subsequently
^^-6*-A
L,,
wvrrurr^reu
-y the S.O. in writing under Clause 24 hereof, as they are actually executed.
The vaiuation of such remeasured works including any variation shall be in accordance
with rules (i) and (ii) of sub-clause (b) above.
(d) Where work cannot properly be measured or valued the Contractor shall be allowed daywork price, plus fifteen per cent, which shail include for the cost of all ordinary plant, toois,
scaftolding;,supervision and profrt. Provided always that as a condition precedent to any
right to any pa)'ment the Contractor shall produce vouchers,,receipts and wage books
specifying the time for labour and piant employed and materials used to the S.O. not
exceedingseven(7) days after the work shall have been done. Unless otherwise provided
in the Bills of Quantities the day-work prices for lhe purpose of this Contract shall be
taken to mean the actual net ccst to the Contractor of his materials, plant .and labour for
the work concerned.
(e) The S.O. shall when he requires any part or parts of the Works to be measured give
reasonablenotice to the Coirtractor who shall attend or send a qualified agent to assist
the S.O. or S.O.'s Representative in making such measurement and shall furnish all
particulars required by-the S.O. Should the Contractor not attend or neglect or omit to
iend such agent
-lhe then-the measurement made by the S.O. or approved by him shall be
correct measurement of the work. The Contracfoi shall b6 suppiied with
taken to tre
a copy of the measuredbill in respect of the said part or parts of the Works.
(f)
- The amourntto be allowed in respect of variations, as ascertainedunder the provisions of
this Condition shall be added to or deducted from the Contract Suo as the case may bc.
10
26. BiIIs of euartities
(a) The Bills of Quantities
shall form
-part of this contract. subject to clauses g (c) ana 15 8",i,or
hereof'thequaiity
oi th. *o*,
Io"'t.'.*..uted under,-hii--con,ru.r
".4 A;;;ry tt' sittr-"it"o*"u,ii'
shar, Fi;:..,
be'thatle-t-;;;'i"
*hi; ,i,iii ui'lir! basrs
B'""{;:I'!"H.
or r.re
(6) The Bills of Quantities,unless
otherwtj.-:I!-..rr,ly sraredin respectof any specified
or items'shailbe deemedto-ttuu. be-en
irem s,.,a""a
preparea-in
Merhodor
16" il:ffL3t,
standard
Method
or Mi"tu....1t""j-t","^*ilw;;ff u."o.au";";i;.t!."'iLn"ir.,t".,'.,,p
as
pubrished
by
the
H:tl;ii|t"""?
Surveyors(lr4aiaysia)
to, ui"-ln j.vr.araysra.
(c) where quantities-are
statedas "prov,isional".
such quantitiesare the estimatedquantitiesprovisional
ot r'rtework but they 'arenot to b'e.taken
as th;;ff;nd..correct!"""iili*Jor
the works .aJT"T:j
to be executedby the cot ti".toi in
fulfiiimenl;f il obiigationsunder trre uonrracl
bcEsrina-
(4ot:;:oJ,e..jTf
f,ill"*,
$:'*:il t.,,',"f#',,ji1olJ"*"":;,;;fii";JlJ
rl oelorethe SioG.
srgnlngof 18'?riiffift'l'1p".t
this Contractbe adjustedur tnr-s.ci.'-uy
r.orooubiy require.
(ii) Any adjustment
of the.pricesu.o-d/o,rates
paragraph(t) above and anv arithmatical in the Bills.of euantitiesrequiredunder
..ror oi omissioni":G.'nirrr"of euantities
shallbeforethe-signing
of thls cont*.i-!. *...lln.o and adiustedthar when
correnirw
caiculated,
thetotil airounti" G i;;;d
;iif;-Bil'ilqr-6".#,i;,.;r'Jti:|,:?T.'r'.1i1
the sameamo-untrnsthe tenderamount in'the
shownin the Form of rendei tirurr ..-"io'fi;ft F".tt "t render. The tender amouut.
but the oett aggregare
amountof
the differeucebet$/eentha totai adjustiJ ;;;;fu
the summaff ,j'i ti,. Bils of
Quanritiesand the tender *qyti, ihown
-*r."I"ftln th.- Form of rendei, whether a
nett
deductionor nett ^ddition' ihuil u"
amounrshownjn the Summaryof tire gilis-oi ;; a percentageof the total adjusted
6uuot ri.s and ali pricesand/or rares
tliroughoutthe Bijrs of euaniities
6;
;;b;;
.$art
premiumsas the casemay be. provided-atway;;i;;ptriri*ui-ffi'pfr';.
_to sugh p.r.enrage discountsor
Cost Sums
sictr.cat.ui;;;;;;;';mii'oo,
u" ilj#j"
;i,^.|ff f i',:11"[:rn
27.
.
;il percentase
Sub-Letting and Assignment
(a) Except'where otherwise p-rovided
'worla
.b.y this contract the contractor shall not sub-let the coc"nrnr
whole or anv part, of the
;iti";"thJp;d;:;ii1:a
consent of the s.o. which shall rbcs.o.
not be unreisonab.ly o'iirrrr.lJ*to'the prejudir.-"r
ih.-contractor, and su,:h consent, if
given' shail not relieve the contric"t?rI"n,,";;
riluility
and he shall be responsible.for the due observance or obligation under this conrract
by such sub_contractorsof all the
terms, stipulations and conditioor un-a*- tli;^
c;;;.#The conrractor shalr arso be
responsible for the acts, defaults or neg.lects
oi-u'nf-suu-contractor. (including in this
instance, "labour only" iub-contru.torij, ii
1g.",*^'i.rvants
or workmen as fuly as if
they were the acts, de?aultsor neglectsoi.trr.
cZnii".ai
i,r, agents, serva'ts or workmen.
Provided always that the provisiSn oi i;fi.;^;-pli'..*ort
'wura basis
uasrs snatl
shal not
D{)t be deemed
to be a subJetting under tlis conoruon(D) It shatt be a condition in any sub-letting
which may occur. that the employment.of the
Detcmirari.o
sub-contractorunder the sub-6ontr".i rnir_i.i..-ii.'iriir.at"l.i;
-co-n;;;;"n;;.
9l_,r!:.
of ttre Contractor'semplolment una.r itir
,r;"";ffi"dit.rroiouton
Falracr.
crarm whasoever s;hall be made
by the contractor anl/6r sub-contractor againJ
G.-'cou.-ment
for auy work done
and/or materials'or gocrdssupplieO.
(c) Att sub'contractors employed--in connection
with the works shall be errLployedfror'
within the Distrjct wher'e the works ar. siruated
E-o,or-"n,
anJ-*h.r. such sub-contractors are not orsubavailable in the said District, then fr.om ;ithi;-#:tli.
coolnclort
*h.r. the works are siruated.
This provisionmay be varied onty with-th;;;d;
i'ii!",
of the s.o.
(d) The contractorshall not assignthis,c?:llTt
or.anypart thereof,or any benefitor inrerest
As*nmeor
therein or thereunder,
othenfrsethen by ;way of aisilnment in favour
of the contractor,sorboc6tr.
bankersor any financiaiinstitutiono. b;rp6r;;;";ffi;
monies due or to becomedue
under this contract, without the prior wntten consetrt
of the Govemmenl
28- Nominaterl sub-confractors
and/or Nomiuatedsuppriers
(a) Atl speciaiis8,merchants,tradesmenand others
executing any_work or seryices,o!
Dc'nitioa.
suppiyingany materialsor goodsfor which prim.-cosi sums (or
,
p.C. Sums)are rncruoeo
in the Bills of Quantitiesdr for *tti.tt ttti so.-rr"r gii.n.
*.itt.n ilril;i;;;
in regard
f!e
n
tue
ha
--^.-'l
tr'\Psuuirure
of Pr,cvisional-ruppii.t,
Sums,.who may beithnut4
by the S.O. are hereby
declaredio be.-sub-co"ti""ioiiot
;,npl'"y;; li ti,. contracror anrr are hereia
referred to as "|'Ieqlsated sub-contradtiit';-or-;'froi:iuto
supplierE,,,as the <aseoay bc.
11
Nomin3tirou
.
Obicclion to
noninatiog.
PowcE
fol.lowiqg
objccdoa.
PaymcDt trt
Nomiratcd
Sub-conlraclor or
Nominarcd
Supplicr.
Payment
No priYity
of Conrract
DC!WeO
Goremmen(
sd Nomisated SubcontBctor
rno/or
Nominated
Supplicr.
Reposibilirics for
Noninatcd
Sub<oDtractoB
rod / or
Nomiratcd
Supplics-
(D) The S.O. or the Contractor if so instructed in writing by the S.O., shall obtain tenders for
Nominated Sub-contractor'swork or services,or for the supply of materials or goods iD
respect of which Prime Cost Sums or Provisionai Sums are included in the Bills of
Quantities as aforesaid and tbe Contractor shall on the written instruction of the S.O.
enter into such sub-contracts with the Nominated Sub-contractor or Nominated Supplier
as the case may be and such sub-contractsshall be in the form as refened to in sub-clause
(c) (ii) of this Condition.
(c) The S.O. shail not nominate as a sub-contractor or a supplier in connection c/ith the
Works:
(i) a per:;on against whom the Contractor shall make in writing within fourteen (14) days
of the S.O.'s instruction under sub-clause (b) hereof what the S.O. considers to be
reasonableobjection; or
(ii) a per:;on who wiil not enter into a sub-contract with terms anci conditions as provided
in th: Government standard form of sub-contract for Nominated Sub-contractor
(Form PWD 203N) or for Nominated Supplier (Form PWD 203P), as the case
'5e.
may
(d) If pursuant to sub-clause (c) above, the Contractor is not required to gnter into a subcontract with a Nominated Sub-contractoror Nominated Supplier, as the case may be,
the S.O. shall do one or more of the following:
(i) nomirrate an alternative sub-comtractor or supplier, as the case may be, in which
case sub-clause (c) hereof shall apply;
(ii) by order under Clause 24 vary the Works or the work or services, materials or
Coods,the subject of Prime Cost Sums or Provisional Sums as aforesaid. including
if uecessarythe omission of auy such work or services, naterials or goods so that
they :lay be provided by workmen, coutractors or suppliers, as tle case may be,
emplc,yed by the Government either concurrently with the Works or at some other
date:
(iii) in accordance with Clause 30 ({ an'auge for the Contraotor to execute such work
or services, or to supply such materials or goods.
(e) Interim Certificates of the S.O. i:r favour of the Contractor uncler Clause 47 hereof shall
state separately the amounts in each certificate due to each individual Nominated Subcoatractor or Nominated Supplier as the vaiue of their work or seryices,materials or goods
executed or delivered at the relevant date under the said Clause, which amounts shall be
paid by ther Contractor to such Norninated Sub-contractor or Nominated Suppliers within
fourteen (14) days of receipt by the Contractor from the Government of the amounts so due
under the certifi.cateof the S.O. Provided that the Contractor is entitled to deduct any sum
due to him by the Nominated Sub-conFactor or Nomiuated Supplier.
(/) Provided always that before issuing any certificate uuder Clause 47 bereof, the S.O. shall
be entitled to demand from the Contractor reasonable proof that all :mounts included
in previous certificates in respectof the total value of woik or seryices,materials or goods
executed or delivered by any Nominated Sub-contractor or Nominated Supplier have been
paid or disr:hargedby the iontractor, in default whereof the Go,vernment'shall be entitled
to pay direct the amounts due, but which have not been paid, to such Nominated Subcontractor ,cr Nominated Supplier upon the certificate of the S.O. Provided furtber that
in the even'l of such default, the Government shall be entitled to make all payuents direct
to such Nominated Sub-contractor or Nominated Supplier of all amounts which may
subsequentlybecome due to such Nominated Sub-contractor or .Nominated Suppiier which
amounts have been certified by the S.O. pursuant to sub-clause (e) bereof. The amounts
so paid direct to the Nominated Sub-contractor and/or Nominated Suppiiers by the
Government pursuant to this sub-clauseshall be deducted from any sums due or which
may beconre due from the Government to ttre Contractor.
13)Neither the existelce nor the foregoing powers nor anything else contained in this Contract
shall create a privity of contract between the Government a.nd any Nomiuated Subcontractor or Nomiuated Supplier or render the Government liable to any of them-
29. Responsibilities of Contractor for Nominated Sub-conbactors aad,/ss Nominsted Suppliers
(a) In and for the purpose of this Contract, the Contractor shall be fully responsibie to ensure
that the Nominated Sub-contractor and/or Nominated Supplier shall conforrn with the
terms and conditions of this Contract and shall be fully responsible for the acts, defaults
or breach of any terms and/or conditions of this Contract by the Nominated Subcontractors and/or Nominated Suppiierson their part in the same way as for his own
or those of other sub-contractors or suppiiers engaged by himself, and the Government
shail il nc) circumstaoces be iiable to tbe Contractor for the default of aDy Nominated
Sub-contractors or |.{smin3ted Strpplie$.
1'
(D) rn the eveat of repudiation
or abandonment of his sub-contract by any l{ominated
Sub- rcmiratjoo
contractoror Nominated Supplier,or the dererminationtt;;
C;#i"r;i
rhe pmnrn,,- orsubcon'(ract
mentor t-heNominat':dSub-contractor
or xomin"t.a sfn'r1i.i f;i;;;;;}Hi:'jJ;J;
underthesub-contract,
thecontractor
shaildo ;;. ;i urerouowrng:
(i) with the consent:of the S-o. (such consent
not to be uareasonablywiithheld) empioy
another comPet€:ntsub-contractor or suppiiei 1o-cornptete
the sub-contracr; or
(ii) himself undertal:e to complete tle sub_contmct.
Provided that in any of such events the Contractor
is entitied to be paid the same sum
for tie work or servi,les to be e.recuted,or -ut"riuL
ir gooas to be supplied, as would
have been
hld the .o.rigina.l
NbrainitiJ-Ju!-loot.u.tor or Nomjnated supptier
P1y^19J.
completedthe
sub-corLtract
wittrout any default oo Li, p"rr
30. Prime Cost aud proyisional Snms
.
(a) The tem "Prime Cost" ot abbreviation"P.-c."
sum as providedin the Bills of euantities Dcnnirioo
shailmeana sumfor worksoiiervicesto ui eie.ut.d
-N"-ir"t.afy tN;-;J.a-s"ir-J""i"l#
Ji ni.ryfm:
for materials.or goods to be obtainedfrorn a
supplier. The sums due to the
contractor in rEspect:of such- Nominated sru-."",b.t"rior Nominatid Suppliers
aforesaidshall be deterrnineduv a.a".u"ga";;r;;;'pa.-s"il
profit
and/or attendancechargesfrom the Coito.t-S'uol-"oa
"il1ii;-;;i.yanr
then substituting
ttrerefor the
emountdue to the relevint Nominated
sub;o;k;;;t;;
N;t*a'5"piri'lr
as specified
in ttre relevantsub-corLtract
and iL. ru"n, due to the coniractor ot ;#"";"profit andTor
attendance
cha.rges
at the ratesor pricesth.a.rmqin"". uJ*'p"..a rivlb? i;"";"or
in rhe
Bills of Quantidls.such sums'h"Tib; p;e;;i.;;;;&
lg
d gvvvrucuue
wllicuuse
wtur urdustr zo
28 (e,,
1e;
(,
and
hereof.
"..orJio..
(D) The term "Provisiona-l Sum" provided
in the Biils of Quantities shall mean a sum for D.6oi,ioo
work or for the suppll'of goods or materials which-iannot
-iender
be entirely foreseen, defined l?"pg?T.",
or detailed at the tirire the
documents art l;il;a-nd such ru"i mul, ue paid and sioqa.r
Suru.
expended at such timer; and in such amounts it
ri"""i"f
;r;il;.;r*r^?!'rn".
s.o.
may
direct' such sum if-not used eithei wholly;; i" pil;hall
as to t-beamount not used be
deductedfrom tie contract sum. The;;il.
;i ri"irr *iii.ir are execuredby the contracrcr
in respectof Provisional Sums shall be ut..ttulo.a-io
with Claule 25 hereof. At
the settlement of the accounts the said-vai";;;rh';orks"..ora"oc.
executed by the contragor
shall be set offfBainst aI suchprovisionais"il;? G;;"i;;;;'riurj'u!'""aded
to or
deducted from the Coutract Sum as O, cus"-rnuv b..
(c) Aay work to be exelu.ted' orsraterials or goods-to
be supplied for whjch provisional gggls converioo
are providedin
the Bills of Quantities*o!, it tl" i.bl r'o o..iaes,ue triitA ;;"i.i."sd
rtemsandshallbe dealtin accordance
witir sub-ctiui"Gl n..io}.
g"L:;#;i.t."
su.
(d) where the cotrtractor in the ordinary course
of his businessdirectly carried out works for p.c.s.*
which P.C. Sums.areprr:videdin thdBitts
O*rtiti.rlnd
where such worl:s are cer ^,,1 roiwhich
in the Appendix hereto and the s.o. is p;til'fi;*;;pi
"f
teodersfrom
*;'*',ll"t''
tte c"";;.i;;
?Ji
such works the contrar:tor shail ue
;.;il;;.-t" ten#; for the-iim;.-;"y
;i?;;
.p6rmittea
' wit-houtpreiudiceto Go'vernmenttrigf,rio.."1._.t_in"-i"i-est
or any tender.If tre tenderof
the conira&or for
L"i"a-r?;" &JFc. s;'ls
accepted,
such tendershall be
held to includethe "oy^*ott
prbfit and attendan;.ilg;'";j?;
Contracrorshall not be entitled
to the profit and attendancechargesas containZdi" tl. siur of
euantitia notwitnstanaing
any provision to the contrary uider sub-cluuri (o) h;;i.
31. AfiidB and Tlsdesmen
The Contractor shall permit the-execution- w-ork
-Co*;;.*C
not forming part of this contract by artists ArtisB
ud
or Eadesmenor otlers who may be engaged9f
Uv tn,
32. Iudemnitiesto Govenrmentin Respectof PersonalInjuries and Damageto property
(a) The Contractor shall be liable for
the Goverament again5f ErD,'rnjuryto
.and shall indgmlify'rh"ito;=u;i^i-ir.fr.r="rising
damage,.exPense,liabiiity,. loss, claim
or proceedingr
at p.Boa.
commonlaw or by statutdin respectof pe.so'na1
ini"ry1" or a."tl or
whomsoeverarisingout of or in the courseof br by tr"ro'o 6t the executionof
"o/'p*.rfo
the Works.
(b) The Contractorshail be liable for and shall..indemnifythe Government
against any Dsmssc
ro
damage,exPense,Iiabiliti', loss, ciaim or procee.ding_s
drle i" Gi.t;;^d"*;g;
oi uoy kind propeny.
to anv DroDerty__real
or pe:sonai(includiag the Works and'any other pioperty irf tf,"
Governm-eni)
insofar as sirch injury or dadage
JJ;i; of or by
."ririi oui? ;;';*rh;
reasonof the executionof the Woiks, and priviaedaiwiys that the-tu1niii-aue ro a'y
breachof Contractor difault o1 *y].oou
legligence,.omission,
for whom the Contractor
is. responsibleinciuding the
servautt oi-'^g'.ott or of any sub-cotrtractor,
.Contractor's
whether nominated or ot.herwise,aud his seryatrtsor aee;.rs.
l3
'
Negligcne
of Oovcm-
s.o.
1^\ Tlro
^ ..v
\e,
inr{emni
dereated
""?',n
il'J:)l:'"'.":;t"jl
'iaiiifrf"ro
". i:'iF::'trot."*0"'"t?f;"1."r1,'ra#oJtxH:,',,9
S'o' or the
S'o.'s representatives
in
;rfi*i;;
or control rle contractof,s site
operationso.r.::h.*r^_9L_y1trng or tempdrarywbrks, or ro deri:ct prevent
or
or remedy
defectivework' or to ensurepropErp".roti,unc6 ot a"y ;il;
contracror
under this Contract.
"b-i;;i;;r';;'th,
Takiog of
65UTUCC.
33. InsuranceAgainstPersonalInjuries and Damageto hoperfy
(a) Without preiudiceto his Iiabiiity to indemnify the Government
under
Clause 32 hereof,
'ffr',o,fri:""::ff3:,
thiscontracl
effecr
una*iioiui,,
"jr:il..H-#""ffj
"-'"1"T:if::"'r""
or otherwise,to effectand maintain
such insurances'whether
*itir- ot *itiro"t au excess
the Contraclor shall as a condiiion nrecedenr- rn rhe nnr
ciause^as specifiedin the Appendix hereto as are necessaryto cover tfre IiaUility
or.of any such-sub-contractor
as tle casemayi,e, in respectof personat
,"j,.1^-c?l,:i.tg.
lniunei
or death arising_
ou.tof or in the courseof or by reasonof the dxecutionof the
*tgect of injury or darnage.toprop-rtv, r6al or
;;;i;; -ofour of or
t;;;""i:
Y:l\r
rq il
ln
tne execuuon
oi the works and causedby any negiigence,
omi,ssion,
breach contract
or defauitof the Contractoror any sub-coniractor,wie"thernominatedor otherwise,or of
any servantso_l_agents
of the Contractoror any such sub-contractor,
whether nominated
Where an excessclauseis specifiedin &; eppenJii'tnr'-Coiiractor shatt
gtLe-rwjse,,
::
bearthe amountof such excess.
Production of
policics.
Default ia
rcocwing
usur@cg.
(D)Suchinsuranceas referredto under sub-clause(a) hereofshallbe eftected
and mrintained
of the Governmentand Contra.tor uoa-*tr,=ir
any subi:-*^X"l.,rames
cuurrdclur'wnethernominateid
"plri."ure
or otherwisefor the whole constru,rtion
plrioa and i-n such
manner that the Governmentand the Contracror are also ;;;;t.il;;
iie Defects
Liability-Periodfor any claim.occasioned
by the Contractoror any tuU-"ooir*tor in the
course.of any.operationscarried out by^.him
-Clauseor_any suu-contrjcio;f"; rd;urpose
-airy'of
of
complyingwith his obligarionsunder
45 hLreof. tiituiii-u.- tf,"
the
Contractorto produceoi causeany sub-coutractor,*i,iftri *ml"ui.a oi otir-rwise. to
nrndrrnc
tu.u
hp
plvuuee
pollcy gr policies of the insurancetogetherwith receiptsin respect
"rei€V?rlt
,
of premiumspaid to the S.O.,*hether demandedor nol
(c) Should the Contractor.or any sub-coutractor,whetler nominatedor otherwise,
makes
defaultin ren.ew.ingsuchinsurlnceas are nec.isary under this Condition,the Govemment
or the S.o' c'n_itsbehalf may renewsuch insurance^s atoresaiaanA-;;;e;ucr
a sum
equivaientto tbe amount paid in respectof premi,,mspaid f;o;-;;y;6nies-due
or to
becomedue to the Coutractor.
34. TVorkmen's
Compensation
lndcmiry to
Govemes!.
Taking of
EtuEn*.
EDqOSCmCnB
(a) The Contractorshall be Iiable for an,l slall indemnify and keep indernnified
the Government and its offi.cers
or servatrtsfrom a-illiabilities arisingout oi c,laimsby any aud every
in .andfor the performanceof this dootru.i io; p;fi.;t'of
y:*Iil,employed
.o*p.osanon under or -by vlrtue
of the Workmen's CompensationOr:din-ance
1952 and'the
Employee'sSocial SecurityAct, 1969 or ioi 6*riiTw amendinet
or replacins such law
and from all costsand expenses
incidentaland consequ.oti^iGiilto.
(D) (i) Without.prejudiceto his
liability to indemnify the Goverumentunder sub-clause(a)
above,the Contractorshall at his own cost and expenseand as a condition
freceOeni
to the cornmencemert
of-any_workunder this Coirtracttake out in the joiirt names
of the Governmentand the Contractor (and of the Contractofsown sub-contractors,
if any) a poiicy or policiesof insurancefrom au upprou.d ioiui-"r .o-p"oy as are
the iiability of the Contractorin iespectof workmen dmpl,cyedby
*:.t:1?,!o
nlm and by :9u.i
hls own sub-contractors,
and shail causeiny No,mi-nated
Sub-contractor
to take oui, as a
precedentto the
ofioy woit unaer tne
,condition
sub'contra,:t,a pojicy
in th-loint nanes of th" Government,
Ql Policiesof insurance"o*to.o..ro.ot
the Contractorand the NominatedSub-contract;;
o...rrary to cover-tnetiiUitity
of the Contractorin resPectof workmen employed
"r by
"ir the f.fi,m|'inatea
bub-"ootru.tot.
(ii) The said policy or poiiciesso taken out shall be endorsedas follows:
Endorsement33A"-33Jtis herebyunderstoodand agreedthat in the event of any
workmanemployed9.y_
ti,q within insured or by ttre In-sured's
ContJctors
-Uri"grng
as referref,
"B" hereon or.aDJ depeidalt of suin *"it-"r,
to in E:ndorsemeni
or
ma\ing a claim under the Workmen's Complnsation Ordinan.ceil-f;;
in l,ia:iysi"
a_gatnst,any
officerof the Government Malaysia or any SLatethereof for pr.s6nat
.o.f
injury o:: death or diseasesustainedwhilst
at ivork oo airy Contract;;";.i
by the
terms and conditions of the within policy_
which the ios"rea -t
b; i""yiog
-Compauy
out for tte said o6.cer or Governmengthe
wiU lnrienniiy ti" oia o6.ei
l4
or Governme't aqainstsuch c.laim and
any costs,
thereot. provided.lilways ttrat tire-E"i"li"gy'r9rr"iii. char*sesand expensesin respect
.n,iri.d to have the sote conduct
'with
and control of all proceedings
.tii*,
coveredby this endorsement.
.connecied
Nothing in this.,tilo.t.'n.nt"rrruil'1.'"irrri.,j.i""r,3ff.ecdng
the Insured,s right to
recover damagesin any other way under
the iiio urdrnance,,.
Endorsement "B'"-"It is h.erebyunderstood
and.agreed that the indemnity herein
granted is to cover the legai tiauiiity
of ine jrt"r?a 6 *;.dili-n^'tr.,-.^.*proyment
of conrra_cro1
qlronnin-fyqr$ f;; rh; l,i,;.^."jirirrj"
."_r"ilj'io",i'J"uuriness
and
occupatlo!.in respect of which the-within
fol.y^tr.granted
but only so far as
regards
ciaimsunder
rheworkmen'sc;;;;"r;;id
oiaftun..-rnf;;;i
Malaysia,,.
(c) The said oolicy.orpolicies
so taken^outshall bj depositedwith the s.o.
and thr3contractor producrio!
shall maintain'it oi th;; i" r;i";;.t.:
and effect by paymentof ail premiumsfrom time orpor,cics.
to time oo
o:t
*i,i.r,- tir. same oughr io'bb pald for thJ
whole construcrion
period and ttin^such-manner
"" ttrat the a;;i;";;;;';;;
"T:l
h? Governmentare elisocovered
during the DefectsLiabiiity F.-;oa f";;;..;';i.,i'o"..lrion.a
by the contmcror in tie
course of any operationsiarried out.b.y
iri",-i"i ii!" pu.por. of-c"#"iiir'r"
obligationsunder'clause
45 he;;of,rna ii srraiiu.'trr.irry 6i trr. complying with his
produce
to the S.o. the receiprsin respeci-oi;;;i;'p;d,'*i,".,n..
demandedor nbt.
(d)rf' any default is mad.eby-the contractor
in complying with the termsof this
'oi[.,Condition Dcrsurrio
the Governmenr the ii.o.
u:^-^0..n:Jil;i'';,iii91t
_or
,._.a, iosuiae.
avairabreto the Government
.prquar.. ;-u;i
"" urlacn or any term
toiof this Contract:
(i) withhold an amount from any rr-loney
which
-oi
be 'wl1
ctue to the
Contractorunder ttris contract an-dwtch i"-ln. would otherwise
opinion il-. slo.
satisty
any claim for compensation
bv *ort*.n- ttrit'*o"ri rr'""r!.."^u";."b;
insurance
had the crrntractornot made defauliln Laintaining
"; insurance,
a policy of
::f/Klt
(ii) pay suchpremiumsas havebecome
due and remainunpaidand deductthe amount
of such premiumfr'm any
' moniesd;;1"
;;;;"
dui to rhe conrracror under
this Contract
(e)Nothing in this condition shall be construed
to take awayor to waiveor in any manner Non-waivcr
to modifv the right of theGoverntn.otto
rv t"
ue l'usr''rireo
Iniil;til;;;
oy tne
trreuontractor
conrractoir"i.ii"u-crause
under,
(a) of this Cond'ition.
:jd.,?.""**r"ll,B,r.
35. Employee'sSocial SecurityAct, 1969
(a) The contractor.wiil n-otbe required-to.take
out any workmen's compensationrnsuranceRegistnPoiicvunderclause34 (b)rr.rt*i-ir
trt"-;o;i;;^?-il,"r*
;-*;\4|,;-ff'u-.j riabrefor ,u6".sl
coverage
undtl,P:-lTql-o1..t socialSecuri;fert,^'i!bd.
-sociar
ln
'the
sucha casethe (lontragor
his emproyees
and contributerinder
Securiry(socso) scheme
:l1i^t._qr:rr
ln tlre placeswherethescheme
is implem.nilJ-unJ'io"-pry
with the provisi'nsof the
said Ait. The contractoirL"ii-tui;ii trri,.bJj.
Nil#1. d,.ru
and Joctal
SociatJecunry
securityNumbers
of all the workers on site to tir"-S.o.
ioi.t..tirg.rg*ruur
'
(b) The contractor:hall make
payme.ntof .all contributions from time to time on the firSt
dav on which tJre sage.orgltt'to ui piia-ari-;;fi;;compierion
of his contracr and
it shall be tle duty of tire dontricior to.produce
to
tto-n
vouchers as evidence of payment oi-rull'"ool;tb;;";, the s.o. contrjbution cards nr crrmn
Jtrri,., demanded o, oJrf
(c) If any default is.mldq by the contractor
in.complying with the terms of this ciause, the
Government or the S'o' on ia uJir may withoui
pre.i-uoiceto
LUdrlv
any uurcr
otler remeoy
remedy avaiiable
to Government for breach rrf any termi'ot ,hi;
b;;il#i!e
(i) withhold an-amountfrom any money
which would otherwise be due to the Clontractor
underthis.conrracr
cont.*udoo
rosocso.
D"r.u.rtin
::["Jif,
Acr
arrdwhithio ti. oli"i";;i d;'t.o. wil satisf].any
craimsfor
compensation
bv
worlmenthat woutdliavo;;;;;;tv's-b"csoH;;t"ll
-n:ade,cefault
had tbe
contracror
not
in mainlinir;',h;.;;;ribution, and/or
(ii) pay such
-contributions as have- become due and remain unpaid and deduct t1'e
amount of such conrrjbutions from any
ju" o.
;;;;
to become due to the
Contractor.
(d)Nothing in this.condition shail be
construed to take away or.to waive or in an;z manner
Noa-waiva
to modifv the right of thecioverq-;;t
ttb; ira.-lin.iiy
,nq c;;u;ioiuili,,
cruus"
34 (a)in-respect"of
otit.i;;i!+r
*natso.u.iwr,i;-i;y reasonS"f,e,,.-rishrsro
of the contiactor's "ii;;p;;;;11",
"ortt,.oo
defauli oi oG"iitt.
become payable by the Govemment uader
the tnoc@!y.
said Legislation or
other iaw.
I5
36. Insurance of Works
(a) The Contractor shall in the joint names of the Government and Contractor insure aeainst
Ioss aDd damage by file, lightning, explosion, storn, tempest, flood, grouqd sub-
Riskl to
bo isurcd
sidenee
hrrrcti
aeriardevice,sFJ.'u.",J,'T,"#Sr{.:.l:il"*?';rrr:lili'.#*;g
T:,,f:i.:jf;J
aDd all urLfixed ma_terialsaod goods, delivered to, placed
on 11 scljasent to the Works
and intencled therefor (but excluding temporary buitdings, plia,nt,tools and equipment
owned or hired !f_ qtt" Contractor or any iub-contractor, nominated or otherwise) io the
fuli value thereof (plus any amount whilh may b_especifically rstatedin the Appcndix to
these ConrJilions or e.lsewhslsin the Contrait Docirments) arrd shall keep duch work,
materiais and goods so insured until the completion of the whole of the Wbrks, notwithstanding any arrangement for Sectional Compietion or Partial Crccupationby the Covern'provide-exDressiv
ment undsr thiS Contract. Such insurancepolicy or poiicies shall
for
Paym?lt in the first Place to the Governmenf of any iniurance m,rniei due under the policy
or poiicies.
(b) The said irrsurance with or without an excess clause as specified in the Appendix hereto
shall be effectedwith an insurance company approved by ihe S.O. and it striit be the duty
of the Corrtractor to produce to the S.O. thJ iaid polity or proliciesand the receipts in
Prcductioo
of policiq.
?Pche.t
nf
thp
conrracro*h^f'fgl"iil"tfi';rHTi"#i :l:'.::.
Dcfault ia
rcncwug
BUTUCC.
AppIqtioa
o! insuraa6
EOUCS.
ciause
is spetified
in theAppendix
the
(c) I-n case of faiiure by the Contractor to renew such insurance as are Decessaryunder this
Condition, the Government or the S.O. on its behaif may renew such insurance and pay
the premiu:n in respect tiereof and deduct the amount so exoended from anv momes ituL
or to becorne due to the Contractor.
(d) Upon the occurrcnce.of any )oss or damagc to the Works or unfixed materials or goods
prior to the completion of the Works from any cause whatsoever, t}re Contractor shall
notwithstandingthat settlementof any insurance claim has not been completed,with due
dlllSencerestore,replaceor repair the same,remove and disposeof any debris and procsed
with the carrying out and completion of the Works. AII moiries if and when received from
the insurance.underthis Clau-seshall be paid in the fi.rst place to the Government and
then (less.onlysuch amounts as are specificallyrequired inihe.Appendix to these ConJitions or elsewherein the Contract Documents)be rdleasedto the Cbntractor by instalments
on the cert:ificatefor payment issued by the'S.O., calculatedas from the date of reeipt
of the monies in_proportionto the extent of the work of restoration,yeplacementor repair
and tle removal and disposal of debris previously carried out by'the Contractor. Ths
Ccntractor shall not be entitled to any piyment in respect of thi: work of resrorarion,
replacementor repair and the removal aird-diiposal of debiis othe:rthan the monies received
under the said insurance.
37. PerfcrmanceBond
Condition
(o)
'
TItt Contra,:tor shall, as a condition precedent to the commencement of any work under
this Contrar:t,deposit with the Governmcnt a PerformanceBond in cash oi in the form
of Treasu_ry's
Deposit. Banker's Draft or an approved Banker's;or Insurance Guarantee
equal to five percent of the Contract Sum for tiid due observanceand performance oi this
Contract-
Validity of
Pcr{ormaoF
Bood,
(b) The Performance Bond shall be held or shall remain valid and effective for such pcriod
as is provided in the approved Banker's or Insurance Guarantee.
AppLiatiou.
(c) If the Contr:actorfails to executethe Contract or'commits anv breach of his oblieations
under the Clontract,the Governmentor the S.O. on is behalf hay utilize and makl payments out of or deductions from the said Performance Bond or anv Dart thereof in
accordance with the terms of this Contract.
(d) The Performance Bond (or any balance tirereof remaining for the credit of the Contractor)
T1y be teleased or refunded to the Contractor on the Completionof making good of all
defects, shrinkages or other faults which may appear durin! thr: Defects Liibitity Pericd
and .upo-n_the giving cf the Certificate of Completion of Making Good Defects for the
whole of th= Works under Clause 45 hereof.
Rclease of
Pcrfomucc
Bood.
3 8 Possessionof Site
Coaditionr
preceosnt to
commcDcgmenl
of Workr
(a) No work on this Contract shall be commenced unless and until the Performance Bond
s t i p u l a t e du n d e r C l a u s e3 7 a n d s u c h i n s u r a n c ep o l i c i e sa s s p e c i h e du n d e r C l a u s e s3 3 , 3 4
and 36 hereof, shall have been deoosiredwith the Government or the S.O. Provided that
for the purposesof this Condition'only (but for no other),if the Contractor shall prodrrce
to the Government or the S.O. the Pcrformance Bond and the Cover Notes of the said
insurance policies and the receipts of premiums paid, it shall be a sufficient discbarge of
his obligatic'ns under this Condition.
t6
(D) unless the contract Documents shall otherwise
provide, possessionof the site as complete oareror
as may reasonaaly be possible but not so as to
;;;*i;'
.ontiiiut"-u i.r"iivl'rirl'1i-;.";i;;;';;
or before the "Date fof Possession"stated * G L;;i;r
of Acceptanceof render to the
contractor who shall thereupon and forthwirh;;;;;.e.rhe
works (but s:ubjectto subclause (a) hereof) and resulirlv and dilige.ttv pi"l..i'*itn-una-.ot;l;'ih.
'the
works on
or before the Date for Cdmpleiion as staied i'n
Appenoix. The ..Date for (-nmnlerinn,'
of the works as
.referr:edtb under clause ls h.t."iihail
be caicui"t.d f.H"',ff
,""rd
"Date for possession",
(c) Provided always that possessionof site
pa.y.be given in sections or in parts and any sl[31 posassion
testrictions upon possessionof the Site sh;i il ;;"d l;
ovslas*.
th;-A;;;;d;
i;';il.
conditions
or in the Contract Documents.
(d) In the event.of any delay in giving possession
of the Site from the "Date for possession,,Deray
in
as stated in the Letter oi Acceptaicl of rende;
e*inlit giuir; ^"y;;.;i;"
...,,i16
the Siteasprovidedin. sub-cliuse(c), the so.;t;rue
";;.ht
instr,i.tioir il-;.il'ot#'dj
!ii:'.:""
revisionof tlte"Datefor Possessiol"_uoa
ttt";;D;;'ilt'a;t;tj;;;
,r,"il'ile'appropriarely
C;;;;;;r'rhall
not be entitlectto claim for
anv.lossg.
causedbv suchderayin ;i;ilt;;;r.ssion of th" sli;:-;;, be enritred
.dtrrq:
to determine
his own emproyment
undei this"coritr'act.
revised under Clause 4:l (d.hereof, lurttre
(e) Provided that in the event that the giving
of the possessionof the Site is dr:layed bevond o"r"y
three (3) months of the "Date for Pofsession" stat&-i;-Ge Letter
of-Accepran.y# ff#:1r: !?'""".*
the S.o- shall give written notice to the Contracioi ol il" causes
of such delay. upon the
reggipt of the said.written notice, the Contricioi ruy-uy writen
norice served
-- on the S.o.
within fourreen (14) days of receipt of the suia noii.. issued by n.
s.o.:
(i) agrge to proceed with the Works when the Site is
subsequently made available, in
which cas: sub-clause(d) above shall app.lyin pirticular, tir"'Cont*:tor
shall not
oe enntledto clalfir lor any loss or damagecausedby such delay in giving
possession
of the Site. or
(ii) determine his own
under this Contract, without prejudice to any other
rights or remedies.employment
he hay possess.
(fl Where the Government' its employee
.or any person or body appointed or authorised bt rnvcsrigarioa
it carries out any investigation in relation
to-"tiy
ruitur,i;.;ih;r;u;int
*iri.t to',
occured to, in or in connection with the Wori<s"..ia.nt,
or any part thereof for the purpose sf l*j::L*
caseor
dete.rminingthe causeor reason for the-said..".ic.ni,iuilui.
or event, tr,. conti^li5;"r;"ji
fff;,..,..":;
render all such necessaryassistance.andfacilitier .r *"y U. i.qui..J
Uy tfrJ'bo".rnment, cvcn!.
its employee or such person or body. including tf,.
all ,t
rspecificatious,
!l"'ing of access to -"
designs, records and other available-informadoln .etailg ?o-th" w"rtr.
39. Completion of V[orks
(a) Subject-to any^requirementsas to.the completion of
any section or part of the Works Datcror
under Clauses38 (c) a^nc!4l_,-compietion of ihe whole of itt. Worts,-tti.-Co.ot.u.tor
shall E.-ir"uoo.
n
n
n
n
l
p
t
o
+
l
"
o
uvlrrPrtrttrtttc wholc of the Works on or before the "Date for Completjon"
stated in the
Appendix or such extendedtime as may be allowed under Ctause 43 herecf.
(b) yll^thervhole
of the Works have rea_chedpractical completion according to the proviccrrincat.
stons of this Contract and to the satisfactiori of the S.O., the date
i,i.ti- comoleiion orpracricrl
comprctior
"i
$a.ll be JgrJi!.ed !v him and such date shall be the dare of the commen.,-r;;;';i';*
ljerects Liability.
provided
a-s
in Clause 45 hereof. The certificare issued under
i9rlod
this sub-clauseshall be referied to as the "Certificate oi practicat CompGti,:n".
40. Damages for Nou-completion
If the Contractor fails to complete the lVorks Uy
l!,*- "Date for Completion" srtatedin the Damages
{Pnendix or *'ithin any extendedtime under Clause 43 hereof and the S.O. certifir:sin writins rorNoncomprction'
that in his opinion the same ouqht reasonably so io rr""i-!.*
compiered rhe Corrtra;i";'J;;ii
pay or allow the Governmenta sum calcuiatei at the rate rtut.a
in if,. ipp."oii""s'fiquiaaiia
and Ascertained Damages for the period during wrti.rr trr. ruiJworLt
shall so remain and have
remained incomplete
and th.eS.Q..niay deductsu"ch damagesfrom any monies au. to if,,t Contra*-tor.
-issued
"refened
The certificate
undsr this iondition shall be
to as the "Certificilte of Nrrncdmpletion".
41. Sectional Completion
Where different completion dates for different sections or parts of the Works arr:
stated znd sectionar
,rd,._1.!!:9,in
Appendix or elsewhere in thJ c";ir;;i
ooJu*"ntt and difterenr ancr separare compretio'
]\e
Llquldated and Ascertaine.dDamages are
_provided for each section or part of the Worts, the
Plovisions of this Contract in regard to the Cirtificate of Practical Co-pr.tiJn, b.Lv'"i,a-b;riods
Extension
of rime. Liquidated and Ascertained Damagel fo-r delay, and th; t;fe;;
(but
Li"bility
not insuranc6 of the W-orksunder Clause-i6-,P.rfor-ance BonJ under
Clause 37'artd final payment on the Final Certificateunder Clause 48_hereof)shall, in rh;
;;y;;,;s
provrsion
to the contrary elsewhere in the Contract Documents ^pjiy-iutotis
"b;;;;r;fmttrandis as if each such
section or Dart was the subject of a separate and distinct'c6ntract between
the Govr:rnment and
ttre Contraitor.
1 t
42. Partial Occupation by Goverament
If at anv time or tirnes before the whole of the Works have reachedipractical completion,
the
GovernSnentwith tie consent of the Conlractor shall take possessionoI -""d
;;";t-u.ny
purt o,
Parts.of the same (any such Part being hereinafterin this bondition .ririi.a io-ii'..tnr
relevant
part"), theu notwitilstanding anything &pressed or implied .iii*tt.r"
- tlis-Cootiu"t,
Ccrtifiaro
of Parrial
OccupaLioa.
(a) within seven (7) days from the date on which the Government
shall have taken possession
of the reievant part the S.o. shall issue a Certificate of Partial oc.upaii,in
-ti;
stating
the estimated vaiue of the said relevanr.part, and for ail th; p;;;;.r-;f
Condition
(but for no otler) the vaiue so stated shAu be deemed to be ihe'totui
uuru"--or t-be said
retevant DarL
Dcfectj
(6) for the.purposcs of Clauses 39 and 45 hereof, the relevant part shall
be deemed to have
reached.practi.caico.mpletion and the Defecs Liability. periba itn r.tpect J ihe relevant
Part snall De deemed to have commencedon tle date on which the Government shall have
taken possessionand occupied thereof.
Usbility.
Ccrtifieato
of making
good dcfccls.
Insuranco ol
t-bo Workr.
Rcduction ol
Liquidatcd
rud
Ascertained
Duaget.
Pcrfomuco
Bond not
!-ffectcd.
(c) at the end of the Defects T,iabiliry Period of the relevant part and if in the-in
opinion of the
S.O. any defect' imperfection, shrinkage or any othcr flult whatioiuer
?e relevant
p.art which he may have require{ to^bi made good under C]ause qS
6) una-tat i,.t*i,
shail have been made good-by tle Contractot,-th" S.O. shall lssue a'certifr"ut. to tt"r
enecL
(d) notwithstanding. the partial occupation by the Government of the
relevant narf rhe
Contractor shall insure and keep-insured ihe works in ii,. ;;";;-";
;iip.i"t.i.i'""j.i
Clause 36 and the Contractor shall give notice to the insurer of such partia[ occupatlon.
(e) tl9 Liquidated and Ascertained Damages specified under Clause 40 for any periocl
of
delay after such certification of the practicai completion of the r.tevani-pail'under subclause (a) hereof, shall be reduced in- the proporridn which the trrtal value'of the relevant
part bear to the Contract Sum.
(t it is expressly
?greed that nothing containedin the precedingparagraphsshall entitle the
Contractor to the release of the Ferformance Bond 6r uny p-uit ttr&edr deposited by him
under Clause 37 hereof, the intention being that the said'PLrformancego;ra or any part
thereofshall be releasedor refunded-only u"ponthe completior ot-rniti"iiooa-urr clefects,
shrinkages or other faulti which -"y
d-u1i1gtir."6.f""tr
l-i"uiiiiy
fl-q:{.:::ts,
renoo ano upon the giving of the Certificateof Complliion
"fp.u. of Malking Good Defecrsfor
'
the whole of-the Works u-nderClause 45 hereof..
43. Delay and Extension of Time
Dclay md
Ertensioo
of TiEo.
it becoming reasonably.apparentthat the progress of the Works is deiayed, the Contractor
^.-U-pgn
snaulorthwtth,gtve
written notice of the causes_
of delay to the S.O. and if in-the opinion of rhe
completion of. the. Works is.likely to be delay-edor has been delayed bey6nd the l)ate
:lo'^the
ror uompletton stated in the Appendix or beyond auy extended Date fclr iompleiion previously
fixed under this Condition:
(a) by force majeure, or
(D) by reasousof any exceptionally inclement weather, or
(c) by reason of directions given by tlre S.O., consequential upon disputes with neighbouring
owners provided the same is not due to any act, negligenie
or dlfault of the Contractoi
- or any sub-ccntractor, nominated or otherwise, or
(d) by reason of lojs. or damage occasioned by any one or more of the contingenciesreferred.
to in Clause 36 hereof (provided and to ihe extent that the same is not tue to any act,
negligence.,
default or breach of contract by the Contractor or any sub-contractor, nominated.
or otherwise,whether in failing to take reisonable steps to prot;ct the Works oi otherwise),
' ^ .
o r
.
t
(e) by reasonof S-O.'s instructions issuedunder clause 5 hereof, proii,led that such instructions
are not issued due to any
.default or breach of contract by the Contractor-oi any subcontractor nomrnated or otherwise.or
(J) by reason of the Contractor not having received in due time necessaryi-nstructions,drawings. levels or instructions in regard to-the nomination of sub-coutractbrs and/or suppliers
provi9qd.i+ this Contract, from the S.O. due to any negiigence or: default of ihe S.b. and
for which he shall have specifically-applied iq writing on a date which having regard to
the Date for Com.pletion stated in th9 Appendix to these Conditions or to an! ex-rension
of time theu fixed under this Conditions, was neither unreasonablv distant from nor unreasonably close to the date on which it was necessary for him to receive the same, or
(3) by reason of delay ia giving possessionof the Site as provided under Clause 38 (d) hereof,
l8
(ft) by reasonof any action due to Iocal
.combinationof workmen,strike, or lockout aftecting
any of the tradesemployed.uponthe
w;;k;,;;"ia!0,r,.
same are nor due to any
unreasonable
act, negiectbr defiuit of the coniru'.tot'oi or*/;'t-";;r;or,
nominrred
or otherwise,or
(rJby delayon the.part of ar!i515,
tradesmenor othersengagedby the Govemmentin executing
work not forming part of this Contract, or
(t) by.t]19Contractor'sina.bilityfor reasonbeyond
his control and which he could noTreasonably have forseenat the dite of closing6t t.no.r-oi"iti,
cont*"i-to-r.."r,
such goods
and/or materjarsas are essenrialto tt."pioplr-;;rfi;'""r
of ths works, or
(k) by delay qtr thg part of
and/or Nominated Suppliersof their
.NominatedSub-contractors
works, and such deiay shal
be causedby th; s;;;;;;;';d.Aig*";1#t#j'*
,t"t"a
above in sub-clauses-(a)-ro
-ureaih
0) inciusive-ip-"ij.a tfr^t-ti. rurr" arE
-Sru--.ontr".tor
not du.eto ",any act,
negiigence,defauit oi
of contrict by the Nominated
and/or
Nominated supplier and/or th" co;G;tJ;, ;;
oi'trt" servantsv^
or eE;wr
asents of such
Nominared Sub-contractoror Nomi;Ga-ilppit;', fi rh; c;J;;,;i;
then the S.o. shall so soon as he is able to estimatethe
length of the deray beyond the date or
timeaforesaid
makein writinsu riiii.uron"bF;;;l;;-;FH;
illi
,1" works,
providedalwavsthat the Contiactorshaliuse consrantly.hir
",lriir.tlii'"ii
u.iiendeavourf
to preventdelay and
shail do ail that mav
.reasonaurlti ilquta to trr" iitirtuctilo of the s.o. to-proceedwith ttre
works. The cerrificatl issuedty
ii,. s.o-.=*aer rhis c"iliri;;;hau
be referredto ai tb.e..certifcate
of Delay and Extension of Time',.
44. Loss and ExpenseCaused by Delays
If the reeularDrosressof the Works or any
thereofhas beenmate4ally affectedby reason Loss
ud
as statedunder^claise a3 G),-Cfl.oi f;l'tr..io.f^part
(aoJil;th6,-?nd
the c;;ir*t;;-l;
incurred
direct loss and/or exDenserbi wtilcir ti" *oura
:IffJji"
i.i-u"itla uy a payment
other provisionin thii Contract,then the Contractor
"lJl. shall withiu-one(l) month ofmade unoer &D1,dcraysthe occurrence
of such event of circumstance
give notice in writing t" tnl s.lj.
his jntention to claim for such
ivithanestimate
"f
of6e amou;;;;ilil;';-;;Jft;.;iinse,
suulect
ffiTJJi'i3ffi:36":?:ether
45. Defects After Complefion
(a) At any time.during the-DefectsLiabiiity Period as statedjn
the Appendix hereto (or if ^ .
none statedthe period is six.(6) monttrs-after.clate
of liictical
*1","4
any defect,imperi'ection..shrinkage
"o*pi5tio"-of;;'iv;;ilri
or any.othertauitiuhutro.u.,
ii?iJt'
*ni.u
which are due to material-sor goJds o.rworkmanshipnot-in accordance *uy' appeai-anf;
with this contrdct,
shall be notified uy.the s.o.-il a writtenlnsi;;;;'i;'the
contractor who shall, within
a reasonable
time to be specifiedthereinby the.S.o.,malelooo-*"rr a.i""tr, it"i.rt""tio*.
shrinkagesor any otherlault whatsoeverat the Contractors own cosrs.
(D)Notwithstandingsub-clause(a) above, any defect,imperfection,
shrinkage or any oft.T ,.n.oro
fault whatsoevelwhjc!,may appeardurin!
orDcr€tt.
ih9-b;f;;li"uilitv'p.ri"?i3-ui,^-uo"
shall be-specifiedby th; Sb.in-;tre Scireauteof Defectswhich he soo.,
9y..theContrac-tor,
shall
deliverto the Contractornotlater than-fourresn
(t+) oiyr uiitiih" ;-pi*ri;n';fb"
Defects
Liabiiity .Perjod.The defects,imperfectioor,rtui["g.r-'o. uny oirr"t-iurrt- whatsoever
specifierd
in the Scheduleof Defecti shall be madegooEuv tne c6nt.actot-uii,ir'own cos6
t9j. compietedwithin a reasonable
time bur if,ani clse not larer than three(3) montfu
ilj
atter tie.receipt of the said Schedule.Providedthat the S.O. shall not be ailowed to issue
any turther instruction reouiring making.good
any defect, imperfectiorr,shrinkage
or any other fault whatsoeverafler thelsiue of-ofthe iaid Schedule'of O.i""a or aft'er
fourteen(14)daysfrom the expirationof the said DefectsI-iauifity FLri;4,;hfir;"er is tle
later.
(c)If the Contractorshall fail to.comply with either sub-clause(a) or (D) or both within
the
time so_lpecified,
the materialsor'works,so affecredmay be'made';6"d i";c'h';;r*.;
as &e S'O. may.think fit, in which casethe coststherebyincurred sliall be a"Ju.tJ t-.
the sum remainingto_be paid to the Conrra*or or fiiiing-demand
ructr-iemaind;;; - shall be
recoverablefrom the PerformanceBoud or as a iiquidated
- -;;;t.
(d) If any defect, imperfection,shrinkageor any other fault whatsoeverbe such thal in
the opinion of the S.o., it shall be impracticible or inconvenientto the co'u.*nr*i ;
have the Contractorto remedy the same,the S.O. shall ascertainthe aiUn"tioo-i"-tfi
value of the Works due to ths existenccof such defects,imperfections,sfrriniiles or aoy
other fault whatsoeverand deductthe amount of such diminiltion ft;;'th" ;"rn-ti-ulnin!
to be paid to the Contractoror failing such remainderit shall be recoverablefrom the perl
formance Boud or as a liquidated demand in money.
19
^. ..
3iif;y'
c'iii"t",
i,o$*"'.l
iu'5.o.-'
Ccni6qre
of Complc
rion of
Ma-k.iag
Good
Def ets.
(e) When in the opinion of
te S.O. the Coukactor has made goocl the defects, imperfections,
shrirkages or ary other fault whatsoever which he is reqriired t" *A;-;;"d
under subclauses (a) of (b), 9r both, the S.O. shalt issue a certificate to that effeEt, and the date
named in such certificate shall be the date on which the Contracror tr"rio*pL1.o
*akfu
good-such -de-fects,imperfections, shrin-kagesor any other. fault whasoeiei.
The said
Certi-ficate shall be referred to as the "CeruEcate of iompletion of Makrn! Cooa O.tr.t ".
46. Unfulfilled Obiigafions
uDrulnileo
olrligaLros.
Val uaLioq
of work
lssuc of
lo rerim
Ccrti6catc
Sumr !o be
certi6ed
in lntcrim
Certi6cate.
Paymcnt.ol
Intcrim
Ccrti6cato.
Submission
of claim
docunrcats.
Fioal
Certi6catc.
Sums to bc
in lhe Final
CcrLi6€rc,
. -Notwithstand-ing $e issue of the Certiicate of Completion of Mabing Good Defects under Clause
45-.(e).hereof the Contractor and the Government sha.tl remain liabje-rii-tn-e-i"fniorrot
of any
oblig.ation incurred
certificati,
"nder the.provisions of the._Contacl prior to the iszue
which remains unfulfill:d at the time such certifi.cateis issired, and Jor tU. putpor.
"i-tni-t"i?
oT Ort.""i"iog
the nature and exteut oi any such obligation, the Contract ihal be ,1..-!o io i.iuio
- for""
between the parties hereto.
47. Pa5ment to Contractor and Interim Certifics.tef,
(a) When the Contractor has executed work, including delivery to or adjacent to tle Worts
of any uafixed materials or goods iutended for usE thereon ia accordancewith the terms
of this Contract and the total value thereof has reached tbe sum referred to in the AppenJix
to these Conditious, the S.O. shall at that rime nake the first valuation of thd'works
properly executed and of the materials and goods deiivered to or adjacent to the Works.
Thereafter, oace (or more often at the discrEtion of the S.O.) durin! tb.e course of each
sucgeedingmonth the S.O. shall make a fair valuation of the, wor[s properly executed
^proivia,ia
and of the materi-als and goods deiivered to or adjacent to the Works,
that the
total value thereof in each such subsequentvaluation shall not be less than^the sum referred
to in the Appendix to these Conditions.
(b) Within fourteen (14).daysfrom the date of any such valuation being made and subject to the
proviso m:ntioned in' sub-clause (a) above, the S.O. shall isr;ui an Interim Certifcate
slaflqg the amount due to the Contractor from the Goveroment. Provided that the signing
of this Contract shail not be a condition prcccdent for the issueof the first Interim CertiEcatE
(and no other) so long as tle Contractor has rerurned the Letter of Acceptance of Tender
duiy signed and has deposited with the S.O. or ttre Government the rilevaut insurance
policies under Clauses 33, 34 and 36 and the Performance Bond under Clause 37 hercof.
(c) The amount stated as due in an Interim Certificate shall, subject to a:ry agreement befween
ttre parlies as to palment by stages, be the estimated total v:rlue oi tf,e work properly
executed and seventy-five (75) per cent of the value of the unfixed materials and goods
deiivered to or adjacent to the Works iltended for use thereo:r up to aud inciuding the
date the vaiuation was made, iess any instalments previously ;laid under this Condition.
Provided that such certificate shall onjy include the value of the said unfixed materials
and goods as and from such time as ttrey are reasonably and properly and not prematurely
delivered to or adjacent to the Works and then only if adequatEly protected against weathei,
damage or deterioradon.
(d) Within a number of days as stated in the Appendix to these Conditions (or if none so
stated then within thirty (30) days) of the issue of any such Intedm Certificate as aforesaid
the Government will make a Dayrnent to the Contractor on the amount certified as due
to the Coutractor in the said eertificate.
48. finql Qgrtifisgls
(a) So soon as is practicabie but not later than three (3) months after practical completion of the
Works, the Contractor shall submit full particuiars of all claims made by him undsl
Clause 5 (d) and/or 44 together with any documents,supporting vouchersand any explauation and caicu.lations inciuding documents relating to the acc,Junts of Nominated Subcontractors or Nominated Suppliers, which may be necessaryto enabie the Final Arcount
to be prepared by the S.O. provided always the Contractor had given the notice sf glaim
in writing within the stipulated time or times in the said provisions.
(D) Within three (3) months after the expiry of the Defects Liability Period for the whole of the
Works of three (3) months after the issue of the Certificate of Completion of Making Good
Defects under Ciause 45 hereof. whichever is the iater, the S.O. shall issue the Finaj
Certificate.
(c) The Final Certificate shall be supported by documents showiag the S.O.'s final valuation
of Works in accordance with tbe terms of this Contract and after sening out or allowing
for all payments or other expenditure of the Government or any permitted deductions
made by the Government or the S.O. oa its behaif, shaii state any final balance due from
the Government to the Contractor or from the Contractor to the Govemment. as the case
may be, n'hich shali thereupon become the debt payabie. Such certificate shall also '.ake
accbunt of any outstanding perrritted deductions not let made by the Goverument under
the terms of this Contract whether by way of liquidated da-ages or otherwise.
20
(d) Providedalwaysthat no paynent due to the
Contractorunder rhe Finai Certificateshall D,ecrantio
^thl
be made unlesi and until
contractor shalr have s;-ti;ft"J the s.b. il;r;;ns
of either Ei'"1T""-"o,
(i) a StatutoryDeclarationmade by or on behaif of the
contractor. or
(ii) a certificatesignedby or on behalf of the Director
Generalof Labour,
to the effectthat the workmenwho-havebeenemployedby the Contractor
on the work.s.
includineworkmenemployedly iru-.""t*i1"t;,;'hJ;;r
uominatedor olierwise (including."lab6ur only"iubioni*rt"irirt""";;.;i;;;'"ii;ig'.,
au, 1o them ia comectionwith
such emplovment,and that all dues or conrributionr-inal rh. fi;l"yto.oT
oraio"o"",
the Emplovle's Sociii s."t rit a"t, tni
F6i;F";;"pr-ovident euna'oioinance ana any
other Iaws reievant t" tli .-iroy*iot
of *oii.nin, r""" been paid.
49. Eftect of S.O.,sCertifcates
No certificateof the S.O' under any provisionof this Contract
shall be considereci
or
as conclusive EFcc!
evidenceas to the sufficiency
i,ork, materialsor goods to which it reiates,#;;ff;
-"J.""y
**il,",
reiievethe Contractor
ti"uiti'ty io-J*rna-"od
good ail defects,imperfections,
shrink{1om,n11
ages'or any other faults
whatsoever.asprovidedry 4ake
tnis Cioiract ln uot'."r;-;tcertincate
of
the.s'o' shall be final-andbindingin airy a;spute'uetwe;-ti;Government
and the Contractor
if the dispute is brought wnetnJ 6.fd;
arbitrator or in the courts.
50. Deduction from Money Due to Contractor
the S.o. on its behalf shall be entitled to deduct any money owing from Dcduction
,*I1.1-G.-1u^:1T:nlot
IDe uontractor to the Governmentunder this Contractfrom any sum which'miy
b6comeZu"-* lloT."oo"
is pa-vableto the Contractorunder this Contractor any other contractsto
which
the
Government )9--^
-,.coatnctor'
and the Contractorare partiesthereto.The s.o. in isJuingany-certificate
under cru"tJ+?,"in"ii
have.regard !9 any zuch sum so charg-eaul;
provided always that this
A"i"r;-ilJ"cl?ru.tor,
provision shall
nof aftect any other ref;redyto which the Governmentmay be entitled for tbe
recovery gf gusfugrmg.
51. Iletermingtion of Conhactor's Emptoyment
(a)
or
fithou! prejudiceto any other rights or remedieswhich the Governmentmav Dossess.Dcraurt
rt me uontractor shall malie default in any one or more of tbe followiug resfeits, gr"i contnctor'
is to say:
(i) if he without reasonablecausesuspendsthe carrying out of ttre whole or any part
of the Works beforecompletion,or
(ii) if he fails to proceedregurarryaad dirigently with the works,
or
(iii) if he fails to executethe Works in aciordance with this Contract or persistently
neglect to carry out his obligations under this Contracr, or
(iv) if he refusesor persistentlyneglectsto comply with a written notice from the S.o.
to removeand replaceany defectivework o1 improper materialsor
igoods,or
(v) if he fails to comply with the provisionsof clause 2l (a) and.(D) hereof;
t}en the S.O'may-giveto him a noticeby.registered
post or by recordeddeliveryspecifying
l!: lejaulJ'_andif the contractor snau 6itne"i-.;;ri"";-;";h default for fourteeL(14) days
of such notice or shall at_any time thereafter repeat suih defauJtjwLeui,r
1t_t^:_f-T::iPt
repeated or not), then the Governmentmay thereirpon by a notice sent by
lt:ytutl,y
r-eglstered
Post or by recordeddelivery determinethe eniploymeni of tde Contractor undei
this Contracr
(b) If the Contractor:
Belruptsy
os
isolv@cy,
(i) commits an act of bankruptcy, or
(ii) becomesiusolvent or compoundswith or males arrangement
with h:is creditors, or
being a company,is having a winding up order made igainst him, or.
!p
{iv) 5 lirys I Provisionalliquidato-r,receiveior managerof his businessor urdertaking
duly aPpomted,or possession
takenby or on behalf of creditorsor debentureholderi
securedby a floating charge of any-properry comprised-b;r-;"bj;;t;i
the said
floating charge;
thena-ndil *y suchevent,without prejudiceto any other riehs it mav Dossess.
tle Government mav bv a notice sent by regisierddpost deteimine rh;;;i"Gd;;i
rfr" c"ot u"to,
under this ContracL
(c) In the event of the--Contractor's
employmentunder this Contract being detenninedunder Efiel!or
sub-clause(a) or (6) hereof irrespechvJor tir.-u"riaity;i;;i
i-.**'i"-.deterrnTnation:
(i) the Government shall be entitled to repossessthe
Site
and
the
stratt
C6ntractor
9:"-.,f.:'-:l'
e.provmcaL
cease.
all operationqon the 'ivorks, t.-ou"- his personner
*ort-.P_..111.1y
tneretromand yield up -and
""J
possession
of the Site leaving all temporarybuildings.
plant,
tools, equipment,goods
unfixed materialsueton?ing1e
-i"ri;- uiton tle $ite, save
only suc! as.he may at any time be specificalty air"ecGd Utiig.Uftn"--i.O.
t"
remove therefrom-
2L
(ii) the Goversment may carry out and complete the Works departmenta-lllyor employ
and pay a contracto; or oiher persons to carry out and complete.the Works and he
or tliey may enrer upon the .Works and use all tem.porary.buildings, plaot, tools,
equipment,goods and materialsintended for, deiiveredto and placed-on or adjacent
to tlie Worlis, and may purchase all materials and goods necessaryfor the carrying
out and completion of tbe Works.
(iii) the Contractor shall if so required by the S.O. assign to the Government without
payment the benefit of any agreement for the supply of nraterials or goods and/or
ioi the execution of any work for the purposes of this Clontract. In any case the
Governmentshall have power, but shall nof be obliged, to pay any supplier or subcontractor, whether nominated or privately engaged bv the Confactor, for eny
materials or goods delivered or any work executed for the purposes of this Contract
(whether bef6re or after the date- of determinarron) for which thc Cont;acicr hes
faiied to make paymenl The Government's rights under this paragraph are in addi'
tion to its rights to pay Nominated Sub-contractors and,ior Nominated SuppiieT
under Ciause-28 her.6f.- The Contractor shall allow or pa.y to the Government all
such payments made under this paragraph.
(iv)
' ' the Contractor shall as and when required remove from the Site any. terrporary
buildings, piant, tools, equipment, mateiials and goods belonging to or irired. by hi'l
withinJucir reasonabletime as the S.O. may specify in a rvritten notice to him and
ia defauit the Government may (but without being responsiblefor any_Ioss-or damagc)
rernove and seil any such proleity betonging to ihe Contrac;tor,hoiding tle proce:ds
less all cost incurred to the credit of the Contractor.
(v) the Contractor shall allow or pay to the Government in the manner herein after
"
appearing the amount of any lois'and/or damage caused to the Government by the
dlienninitiou of his employment under this Contract. lf o:: as soon as the arrangg'
ments for the complerion 6t tfre Works made by the Gorrernment enable the S.O.
to make a reasonably accurate assessmentof the ultimate cost to the Govemment
of completing the Work.s following the determination of the Contractor's employment
and the engigement of other contractors or persons, the S.t3. may issue a certificate
stating the'ariount of such loss and/or damlge caused to the Government by such
deterriination of the Contractor's employment. Such certificate shall state separately
the sums previousiy paid to the Contractor by the Government, the sums paid or
due or to become iul to other contractors or persons engaged by the Government
.
to complete the Works, any sums paid to sub-contractorsor suppliers under paragraph (iii) hereof and any costs br expenditure incurred or to be incurred by
ihe-Gouernmentin completing the Works,-(all such costs herein referred as "C-omp.ie'
tion Cost"). The certifiiate sf,all aiso state the Final Contract Sum which, allowing
for any variations or other matters which wouid have resulted in_an adjustrnent of
itr- originat Contract Sum and for any other sums, which the Government might
be entiiled under the terms of the Contract to deduct therefrom, would have b:en
payable under the Contract had the Contractor's employnrent not bee.n determined
ioa if tt Final Contract Sum is less than tire Completion Cost, the difference shall
" pavable bv the Contractor to the Goveramenl This certificate shall be
be a debt
binding and ionclusite on the Contractor as to the aslount of such loss and/or
da-age sPecified therein.
departmentally,
(vi)
' ' in the event of the compi-etion of the Works being urrdertaken.
cerlified
as costs or
be
to
amount
the
ascertaiuing
when
made,
shall
be
aliowance
incurrea by the dovernment, for coJt of supervision,interest and depreciatioq
"ip."ri
piant and all other usual overhead charges arid profit as would be incurred if
on -Works
were compieted by a contractor or other persons.
the
57. Eftect of Wsr or Earthquake
e[Et ol
Ftr or
adbqu*a.
If durin! the performance of this Contract a state of war in which the Government is involved
a;i.s o. .*its which has rendered the fulfilment of the Contract imposs.iblc
o. *ir"itnquuke,
termination of this Contract shall be
respecting
ti.;;"t
afition
Fe continuance, suspension o.r
..ifta 6y-"t"tu"l agreemen-tbetween the Government and the Contractor or failing such agree'
n"nt sniU be setdef, by Arbirration as providcd in Clause 54 hereoi
53. Fluctuation of Price
Flucru!rion
of pri,€.
The amount PaYablebY the Go-vgrn
fnterim Certificite-under Clause a7"!a
Special Provisions to the Conditiol
Cbntract The net total of anY such
the Coutracf Sum.
rtractorupon the issueby the S.O-.of an
in accordancewith the
easedor decreased
Flucfuation of Ilrice as contained in this
sha[ be given eftect to in determiaing
54
Arbihation
(a) If any dispute or difference shall arise between the Govemment
and the Contractor, either
*tiog the. progress or after completion of the Works, or after the determination of the
Lonuactor's employment, or breach of this Contract, as to:
Rcfcrcace
to S.O. for
a decisioc
(i) the construction of this Contract, or
(ii) any matter or thing of whatsoever nature arising under this Contract,
or
(iii) the withho,lding by the S.o. of any certificate to which the
Contractor may claim
to be entitled,
then such dispute or difterence shall be referred to the S.O. for a decision.
(D) The S.O.'s decision which is to be in writing shall subject
to sub-clause (e) hereof be
binding oP th9 parties until the compJetion of tft" Worts and shall forthwiih be given
to by the Contractor who shail. procced with the Works with alt due diiiience
9{e91
whefher or not notice of dissatisfaction ij given by him.
S.O.'s
d4isioo
to
bc bindiog
un arl
eomplctioa
of Works.
(c) If the S.O. fails to_give a decision for a perioci of forty-five (45) days after being requested
!o^do po Qy tne Contractor or if the Cbnractor be hissatisfied with any deciiion'of the
S-O" then in anysu_ch_case
the Contractor may within forty-five (+5162tt'uit.i tt. expirati.on of forty-five. (a5) d.aysafter he had made 6is request to ttr. S.O-, o.'fotry-nu" (a5) 'days
after receiving the decision of the S.O., as the case may be, requiie that zuch dispute'6r
difterence be referred to arbitration and final decision 6f a perion to be agreed between
parties to act as the Arbitrator. The arbitration shall be heli at the Resioial Centre for
arbitration at Kuala Lrrmpur, using the facilities and assistanceavailable"at tle cetrtre(d) Such reference, except on any difference or dispute under Clause 52 herr:of shall not be
commenced until after the completion or alleged-completion of the Works or determination
or alleg-eddeterminatiou of the Contractor's Employnient under this Contract, or abandonment of the Worls, unless with the writteu consLnt-of the Government and the Contractor.
(e) The Arbitrator shall have power to review and revise any certificate. opinion. decision,
requisition_or-rloticeand to determine all matters in dispuie which shall'be submitted to
him. and of which notice shall have been given in accordince with sub-clauLse
(c) aforesaid,
in the same manner as if no such cerdfidate, opinion, decision, requisirio:o oi notice Lad
been given.
(/) Upon every or any such referencethe costs of such incidental to the reference and award
shall be in the discretion of the Arbitrator who may determine the arnount thereof, or
direct the amount to be taxed as between solicitor ind client or as bet,weenpartv and
parry, aad shall direct by whom and to whom and in what manner the same'be borne
and paid.
(g) The award of the Arbitrator shall be fi.nal and binding on the parties.
(ft) I-n tle event of the death of the Arbitrator or his unwillingness or inability to act. then
the Government and the Contractor upon agreement shall appoint another person to act
as tle Arbitrator, and in the event the Government and thi-Contractor faiiing to egree
9n Se appointrnent of an Arbitrator, an Arbitrator shall be appointed by the perion named
in the Appendix to these Conditions.
RcfcEoce
lrbitnrioq.
to
Refcrence
to arbiaration shall
not be
commenccd
unti.l aftcr
complction
of Works.
Poscr of thc
Arbitntor.
Discrctioo
of Arbitntor in
rcspect of
costs ald
award.
Award of
AlbitBtor
is fiqalAppornter ol
ArbirBtor.
(l) In this Condition, "reference" shall be deemed to be reference to arbitration within the A,bitotiou
Act re52'
meaning of the Arbitration Act 1952 @eviseC-1972).
55. Stamp Iluty
The proper Stamp Duty, if any, on this Contract will be borne by the Govem_menl .
Stamp duty
56. Bshasa Malaysia Text Shall Prevail
This Contractshall be preparedin BahasaMalaysiaand the English Language.troth texts being a"t","
:gu.1llyautheutic.In the eventof any inconsistencyin auy of the texts, the tJxt in BahasaMalaysii Y-"1",1'jil
shall prevail
pcv!il.
23
57.
'Witholding
Witholding of Tax on ContractPayment
of Tax
on Contract Pa).rnent
All pa1'rnentscertified to non-residentcontractorsshall be subject to
witholding of tax under Section107,{ 109 and l09B of the Malaysian
Income Tax Act, 1967 (amendedwith effect from lst January,1983)and
any sectionsor variationsof'the said sectionswhich the Govemmentmay
introducein the furfure as follows :a)
Fifteenper centof the serviceportion of the Contractin respectof tax
which is or may be payableby the non-residentcontractorsshall be
deducted,and
b)
Five per cent of the serviceportion of the Contractto cover the tax
obligation of the employeesof the non-residentcontractorsshall be
deducted.
The total deductionof 20%ois only in respectof the serviceportion of the
contractpalment to a Non-Residentcontractor and such serviceportion
shall includeall costof labour,constructionalplantsand equipment,profit
and any equipmentleasedby a Non-ResidentContractor.The Employer
shall deductthe amountto be wethheldfrom eachand everypa)anentmade
to the Contractor.
For paymentsto partnership,the 20o/odeductionshall only apply to the % of
contractpayrnentrelatingto the Non-Residentpartner'sprofit sharingrate.
In suchcase,Contractorshall declarethe profit sharingrate.
For a joint venture between a Resident and Non-Resident Contractor
conductedby way of partnership,the payment to the partnershipto the
extent of the proportion of profit sharingof the Non-Residentpartneris
subjectto u,'ithholdingtax.
Tlre Director General,Inland RevenueDepartmentmay refund the 5o/o
withheld in respectof tax of employeesas and when the Director General
deemsappropriate.
The Contractorshallmakedue allowancein his tenderin comnliancewith
this provision.
58.
Income Tax Payableby Employees
The Contractor'semployeeswill be liable to pay MalaysianIncomeTax in
respectof their salariesand other emolumentsas are chargeabletherewith
underthe Law for the time being in force and the Contractorshall perform
suchdutiesin regardto the deductionthereofas may be lawfully imposed
on him by the Government.
I:ncomeTax Payable
by Employees
5 9 . Registrationof Engineers,Architectsand Surveyors
The Contractorshall complywith the Registrationof EngineersAct 1967,
the Registrationof Architects Act 1967 and the Registration of Surveyors
Act 1967 in respectof all personsemployed by him and by any subcontractors.
KPKPG/1764nvIC
1 /'l
Flegistrationof
Eingineers,
lrrchitects and
Surveyors
60.
ConstructionProsramme
'Prior
a)
to commencementof the works the contractor shail submit to
the SuperintendingOffrcerfor his approvala programmeshowingthe
order of procedurein which he proposesto carryrout the Works. The
contractor shall also provide details of the arrangementsand/or
methods which he proposesto adopt for the Works, or any part
thereof.
b)
The submissionto and approvalby the Superintending
Officer of such
particulars shall not relieve the contractor of his oblieations or
responsibilitiesunder the Contract'
c)
The Contractorshall constructthe project in the sameorder as it is
describedin the tenderprogramme,or suchotherprogrammeapproved
by the SuperintendingOfficer andhis programmerand shall complete
the whole of the Works within the period set out in the Appendix to
theseconditions. The period shallbe the sameasthe period described
in the tenderprogramme.
d)
within the periodsset out in the contract Documents,the contractor
shall expandthe tenderprogrammeby both logic analysisand a time
scale network which shall be subjected to approval by the
SuperintendingOfficer and his programmer& once approvedshall
continueto be the basisupon which constructionshall proceedsave
that changesto the programmemay be approvedfrom time to time
whereby providing a basis of deviation from the initial approved
programme.Deviations will only be permitted if approvedby the
SuperintendingOfficer and his programmer.
KPK,?G/l164N1C
25
Construction
Programme
APPENDIX TO THE CONDITIONS OF CONTRACT
Clause
3 (a) (i) Officer(s) empowered to take action on behalf of the
Government il respect o f :
Group Chief Executive 0ffice
Bertam P.r.epe
r !.i.".
.q..99"Bhd
Group Chief Executive Office
Bertam Properties Sdn Bhd
Clauses40. 43 a:rd 51
Clauses 52 and 54
3 (a) (ii) Officer empoweredto approvevariationsaccordinsto
the limits as ser out in XttxBnftT)fienxffidf,dof)O{ilfo0K
procedures of the Fnployer
rx>olednd,the Financial
| .
Financial limits
Offcer
According the Finandial provision
o!
_tlu.Enrployer.cur{ent at the time
of Variation- being ilssued
tl (d)
Date of Tender
Date of Closine of Tender
30 (a
Work covered by P.C, Sums for which the Contractor
will be permited.to tender
All (pr'rvif,ed haying rhe
requlre(l ulass. Head
and
33
Milimum itsurance cover for any one accident or
series of accidents arising out of one event .-.
33 (a)
Amount of excessclause...
34
Minimum insuranceamount basedon estimatedtotal
earniagsof Contractor's workmen
Sub-Head)
o:[ Contract Sum
^,,I57"
t(l't.,,,..,....,...
PolicvNo......-......
- FuIl lr2ntract Period Plus
J+rl9o 9I rn{$r4nce..
rz rvlonrnsuerects'TiaUilitv
Pcriod..F.L ue. 3.. L/.2..Months
35
SOCSOSchemeregistrationlumber
36
Amount to be addedto full value of Conbact Sum as
the insured sum
L0"/.of Contract Sum
es
RM
i 9r ..8:.9.{...:.:*.eH
I ..Fe
PoficvNo.............
Period Plus
-fu{l pqntract
fenoo or msurance...........
12 Months Defects tiabilitv
Perid ..P.lr-r
s. 3..[ /.2.,Months
36 (b)
Amoult
RM
..-s.1;.q.!:.9.
.it..P.s.Li.v
.+p.
of excessclause
26
APPENDD( TO TI{E CONDITIONS OF CONTRACT-(cont'd)
CIause
37
PerformanceBond
^^,5%of Ccntract Sum
Amount of Guarantee_..
f(l'vl..,.......,
GuarantorBank/InsuranceCompany
GuaranteeNo.
38 (D)
"Date for Possession"of the Site
To be Detr:rmined
39
"Date for Completion" for whole o[ the Worls
To be Ascertained
40
Liquidated and Ascertained Damages at the rate of -..
I :.19.9.:911.......n*..?3Y
nr,a
4l
Sectional Completioa:
Idcntification of
Sectionr or parts
Not AppLicable
45
Defects-Liability.Period(if none stated,then the period
is six (6) montbs)...
T\,velve (12) Months
a7 @)
Value of work to be executedincludins materialsand
goods to be delivercd beforc First IntErim Certificate
will be issued
RM
19Z:...?
I ..9:::.1:s:.!.
..ly'
Value of work to be executedincludinematerialsand
goods to be de'liveredbefore each subiequent lnterim
Certificateivill be issued ...
n}rLZ:of
Period for honouring payment certificate (if none
stated,*1ga v/ithin thirty (30) days of the issue of the
Certificate)
45 Days
47 (a)
47 (d)
s4 (h)
Contract Sum
Appointer of arbitrator (in the event of disagreement
between -the parties on the appoir:ment of any
erbrtrstor)
Director of Regional
Cen re lor Abitation.
Kuala Lumpur
') -l