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  • Pam 98 Form of Contract

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    Wan Haziq
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    PAM 98 Form of Contract (With Quantities)

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    PAM 98 Form of Contract (With Quantities)

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    584 vues40 pages

    Pam 98 Form of Contract

    Transféré par

    Wan Haziq
    PAM 98 Form of Contract (With Quantities)

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 40
    PAM98 (WITH QUANTITIES) FORM OF fete= CONTRACT [es Table of Contents Articles Of Agreement Preliminary Recitals Date of Agreement Panties to Agreement and Their Addeses ‘The Nature ofthe Works snd the Lecation ‘The Architect, ‘The Drawings and Bills of Quantities Articles Asticle1, Contractor's Obligatious Article 2 Contract Sam Article 3 Ieentity of Architect Article 4 ‘entity of Engineer and His Functions Stated Anticle 5 Identity of Quantity Surveyor and His Functions Stated Article 6 dentty of Specialist Consultant and His Functions Stated Article 7 Definitions Attestation/Signatories Of The Parties Conditions OF Contract Clause 1.0 1 1 26 3.0 34 32 33 34 35 36 37 38 39. 3.10 Contractor's Obligations Quality of Workmanship, Materials and Goods Diserepancy or Divergence Between Contract Documents Architect's Instructions Contiactor to Comply with Architect's Instructions Failure of Contractor to Comply with Architect's Instrsetions, Architect's Power (0 Issue Instructions Compliance with Architect's Instn Instructions to Be in Writing” 253) Architect’ Instructions Not Given in Writing 2.5) Complying with Atchitect’sInstretions Not Given in Weiting, Services of Notices and Architect's Instructions Contract Documents Contract Documents and Their Custody Copies of Documents Forther Drawings or Details Works Programine Work Programme Not Patt or Incorporated into Contract Documents Contractor Not Relieved of Obligations or Responsibilities Availability of Documents Retucn of Documents Limilation-of Use of Docunents ‘As-buill Drawings a Page ‘Table of Contents Conditions OF Contract Clouse Statutory Obligations, Notices, Fees And Chi ‘Statutory Requirements Variations from Contract Drawings to Meet Statutory Reat Conforming to Statutory Obligations Pees or Charge 5.0 Levels And Setting Out Of The Works om Inaccurate Setting Out 6.0 Materials Goods And Workmanship To Conform To Description, Testing And Inspection 64 Standards of Works, Materials, Workmanship and Goods 62, Production of Vouchers 63 Inspection and Testing 6a Works, Materisls, Workmanship and Goods Not in Accordance with Contract 6s Failure of Contractors to Comply with Architect's Instrvetion Royalties And Patent Rights Indemnity to Employer Against Claims Exclusion of Contractor's Liability to Pay for Patent Rights Agent 1 Site Agent and Assistants ea Instructions to Site Agent 83 Exclusion of Persons Employed on the Wocks 9.0 Access Vor Architect To The Works ou Access to Works for Architect or His Representative 10.0 te Stafr 104 Duty of Site Staff 102 tions Given by Site Staff 11.0 Variations, Provisional And Prime Cost Sums na Definition of Variation na No Variation Required by Architect Shall Vitiate Contract 3 Architect's Instroctions on Prime Cost (PC) and Provisional Sums wa Valuation of Variations and Provisional Suins nS Rales for Veluation of Variations 16 ‘Valuation of Direct Lose ancl/or Expense na Contractor to Submit Necessary Details 12.0 Quality And Quantity Of The Works 124 Quality and Quantity of the Works 12.2 Provisions in Conditions to Prevail 123 Correction of Errors ot Omissions 13.0 Contract Sum 130 Summary of Tender Basis of Contract Sum 13.2 Contract Suin Not Be Adjusted or Altered 133 Schedule of Rates 14.0 Materials And Goods Unfixed Or Off-Site My Unfined Materials or Goods Not 10 Be Removed. 142) ‘Materials o: Goods Paid for Becomes Employer's Property 143 Contractor Cannot Remove ‘Them Except for Use Upon the Works Ma Contractor Responsible for Loss or Damage to Materials or Goods Page Gi) Table of Contents Conditions OF Contract cn 15.0 15.1 15.2 153 fa 16.6 16.1 17.0 172. Practical Completion And Defects Liability Contficate of Practical Completion Defects and Shrinkages Bie Making Good Defects Cottificate of Making Good Defects Partial Possession By Employer Possession of Relevant Part 16.1 (i) Value of Relevant Part 16. (ii) Practical Completion and Détects Liability 16.1 (vil) of Relevant Part Value of Relevant Part Assignment Of Sub-Letting Consent Required to Assign Rights, Interests or Benefits Sub-Letting Postion of Werk Injury To Persons Or Property And Employers Indemnity Indemnity Against Claims on Employer - Injury or Death of Persons, Indemnity Against Claims on Employer for Injury to Property Insurance Against Injury To Persons And Property Conitactor to Lasure Against Injury to Persons and Property. Evidence of Insurances Required Maintenance of Insarance Policies Approvall of Insurance Companies Contractor Default in Insurance Policy Insurance OF Works Against Fire, Pte Contractor's Risks - New Build 20.4.1 Approval of Insurers 20.4.2 Maintenance of insurance Policy 20.8.3 Restoration of Damaged Work 20.4.4 Payment for Damaged Work Insurance by Empioyer Maintenance of Policy Failure of Eraployer to tnsure ‘Computing Amount of Loss or Damage Occasioned by Insured Risks Restoration of Damaged Work Employer's Risks - Existing Structures Maintenance of Insurance by Employer Failure of Employer to Insure Loss or Damage Occasioned by Insured Risks Date OF Commencement, Dates Of Commencement Given For Sections, Postponement ‘And Completion Date Bate of Commencement and Completion Date Dates of Commencement Given for Sections [Different Completion Dates for Identified Sections or Parts of Work Postponement of Work Damages Noa-Completion Liquidated and Axcertained Darnages (LAD) LAD-AmountDeemed- Aw Agseed Gin) Page Table of Contents Conditions Of Contract Clouse 24.0 23.1 26.0 26.1 262-263 29.0 20.1 30.0 30.1 30.2 Extension OF Time Notifying of Events Causing Delay A Fair and Reasonable Extension of Time ‘Time Limitation as to Giving Extension of Time Contractor 10 Prevent Delay Limitation in Fixing Completion Date Notifiestion o Nominated Sub-Contractons Relevant Eyents Causing Delay for Which Extension of Time May be Given Loss And/Or Expense Caused’ By Disturbance Of Regular Progress Of Works Application to Ascertain Loss and/or Expense Circumstances Mcverially 4 fecting Progress of Works Ascertainment of Loss and/or Expense ‘Amount Ascerizined Added to Contract Sum Determination By Employer Detanlts by Contractor Determination of Employment of Contrictor Contactor Becoming Banknipt Ete Rights and Doties of Employer and Contractor on Determination ‘of Employment of Contractor Determination By Contractor Defanits by Employer Ri id Ligbilities Lipon Determination by Contractor Nominated Sub-Contractors Expenditure of Provisional and Prime Cost (PC) Sums Nomination of Nominated Sub-Contractor 27.2 (i)- 27.2 x). Obligations of Nominated! Sub-Contuseior Payment by Conttactor to Nominated Sub-Conleactors Failure of Contractor to Pay Nominated Sub-Contractors Faiture of Nominated Sub. Comtenctors to Coraplete Einal Paynient 10 Nominated Sub-Contetors Before Final Payment to Contractor Employer Not in Any Way Liuble 10 the Contractor or Any Nominaled Sub-Contractors Contractor Shall be Permitted 10 Tender for PC Summ Nominated Suppliers Expenciture of Provisional Suns or Prime Cost Sums. Meaning of Prime Cost Definition of Nominated Suppliers and Their Obligations Payment for Materials and Goods by Contractor Artists And Tradesmen Executioa af Work Not Forming Past of Contract Certificates And Payment Issute of Architect's Certificates Issue of Interim Certificates Gy) Page 1s 18 18 ig 18 1g 18 18.19 26 6 26 26 26 Table of Contents Conditions OF Contract Clause 303 304 305 306 323 32a 33.0 33.1 332 333 340 3a.) 34.2 Amount Due in Interim Cestfieates 303 (i) No Entitlement to Set-Off by Employer in Respect cof Amount Stated in Iitesim Certificates 50.3 Gi) Disputes or Differences in Respect of Right to ‘Set-Off, Ete to be Refesred to Arbitration Conified Value Retained Rules Regarding Retention Fund 30.5 (i) Employer’ Interest in Retention Fund Shell be Fiduciary as Trustee 30.5 Gi) Contractor to be Informed in Writing of Deduction from Monies Due orto Become Due 30.5 Gi) Release of One Moiety of Retention Fund 305 Giv) Release of Second Moiety of Retention Fund Completion of Measurement and Valuation and Final Certificate 30.6) Documents Required for Computing 30.6 (i5) Computation of Continet Sum Provisions for Final Certificate No Centificate of Architect Shall of lise be Conclusive Outbreak Of Hostilities Determination by Employer or Contactor Notices of Determination Architect's Instructions Regarding Protective Work 31.34) Paynest Resulting trem Determination War Damage Procedures Following War Damage to Works, Materials and Goods Architect's Instructions After Occurrence of War Damage Employer's Entitlement to Compensation in Respect of War Damage Definition of War Damage Antiquities Antiquities Ete Found to be Property of Employer Contractor's Loss and/or Expense in Compliance with Architect's Instrvetions Coniractor to Submit Necessary Details Arbitration Disputes or Differences to be Referred to Arbitration Procedures for Appointment of Arbitrator Parte Heating Powors of Arbitrator Opening of Arbitration Proceeding Arbitrators Award to be Final and Binding on Pasties, Mediation Mediation Under PAM Rules Prior Reference to Mediation Does Not Prejudice the Parties Rights to Arbitration Appendix ) Page 28 26 26 26 27 27 2 27 27 20 2 28 28 28 28 28 28 2B 28 29 28 29 29 29 29 29.30 30 30 30 30. 31 31 31 PRIVATE EDITION (WITH QUANTITIES) ot Articles Of Agreement uucruoruost gy = 23 aE re 83 This Agreement ismatson he Be Bday of 228 peween SIME DARBY ELMINA DEVELOPMENT SDN BHD. vi LHeHeLHONELHoN, (ror whos registred ofce fs stuted ) 10™" FLOOR, BLOCK G, NO.2, JALAN PIU 1A/TA, AIRMDANERNSRREISDU 1A 47301, PETALING JAYA, SELANGOR DARUL EHSAN (he inafter called ‘the Employer") of the first part And PA BUILDERS SDN BHD. ‘Of or whose registred office or business address is situated ab) NO. 25, PUSAT PERDAGANGAN ONE PUCHONG JALAN OP % OFF JALAN PUCHONG, . 47160, PUCHONG, SELANGOR DARUL EHSAN (hereafter called ‘the Contractor") of the second part Whereas The Employer is desious of *) CADANGAN MEMBINA DAN MENYIAPKAN 149 UNIT RUMAH TERES 2 TINGKAT JENIS A (20 X 70) ~ 110 UNIT DAN JENIS B (20 X 80) ~39 UNIT DIATAS SEBAHAGIAN LOT 50037 DAN I UNIT PENCAWANG ELEKTRIK (DOUBLE CHAMBER) (hereafter called ‘the Works’) st DIATAS LOT NO. 51, JALAN UIS/7, FASA EV2B, ELMINA WEST, SEKSYEN UIS, MUKIM BUKIT RAJA, 40160 SHAH ALAM, SELANGOR DARUL EHSAN ‘And has caused Drawings and Bills of Quantities showing and describing the work to be done to be prepared by oF under the direction of his Architect HIA ARCHITECTS SDN BHD of NO, SG, 7" FLOOR, BLOCK 1, WORLDWIDE BUSINESS CENTRE, JALAN TINJU 13/50, 40675 SHAH ALAM, SELANGOR DARUL EHSAN Note This agrecment must be duly stamped in accordance with Jaws applicable in that part of Malaysia in which the agreement is ‘Madeand in that part of Malaysia in which the Works are to be carried out I diferent from the place in w thecontract is Made o State the nature of the Works WHEREAS the Contractor has supplied the Employer with 2 filly priced copy of the said Bills of Quantities (Which copy is hereinafter reffered to as.‘ the Contract Bills‘) AND WHEREAS the said Drawings numbered AS PER SECTION ‘A’ — COMMERCIAL PROPOSAL. 11.7 inclusive (hereinafter reffered 10 as ‘the Contract Drawings!) and the Contract Bills have been signed by or on behalf of the parties hereto Now it is hereby agreed as follows: Article 1 For the consideration hereinafter mentioned the Contractor will upon and subject to the ‘Contractor's Contract Document carry out and complete the Works shown upon and described by or Obligations Referred to in those Documents The Employer will pay the Contractor the sum of THIRTY NINE MILLION SIX HUNDRED Contract Sum THOUSAND EIGHT HUNDRED TWENTY ONE AND SEN NINETY SIX ONLY (RM 39,600,821.96) (hereinafter reffered to as the Contract Sum* excluding Goods and Services Tax) ‘or such other sum as shall become payable hereunder at the times and in the manner specified in the Conditions Article 3 The term ‘the Architect’ in the Conditions shall mean the said HIA ARCHITECTS SDN BHD. Architect of NO. 5G, 7" FLOOR, BLOCK 1, WORLDWIDE BUSINESS CENTRE, JALAN TINJU 13/50 40678, SHAH ALAM, SELANGOR DARUL EHSAN Or in the event of death or ceasing to be the Architect for the purpose of this Contract, Such other person as the Employer shall nominate and appoint within 28 days @ succeeding Architect for that purpose, not being a person to whom the Contractor shall object for reasons Considered to be sufficient by an Arbitrator appointed in accordance with Clause 34.0 of the Conditions. Provided always that no person subsequently appointed to be the Architect under this Contract shall be entitled to disregard or overrule any certificate or opinion or decisions or _appROVA 6 Tstreti ive OF expressed by the Architect forthe time being Article 4 Engineer Role of Engineer Quantity Surveyor Role of Quantity Surveyor The tem ‘the Engineer inthe Condition shall mean: (@ EXPERTECH ENGINEERS (M) SDN BHD. of 19-2, JALAN TUKUL PI5/P, SEKSYEN 15, 40200, SHAH ALAM SELANGOR DARUL EHSAN (b) EDP (M&E) CONSULTING GROUP SDN BHD of NO. 24-1, JALAN USJ 10/1, 47620 UEP SUBANG JAYA, SELANGOR DARUL EHSAN ‘oF in the event of his death or ceasing to be the Engineer for the purpese of this Contract Such other person as the Employer shall nominate and appoint within 28 days a succeeding Engineer for that purpose, not being @ person to whom the Contractor shall object for reasons Considered to be sufficient by an Arbitrator appointed in accordance with Clause 34.0 of the Conditions ‘The Engineer shall assist the Architect with specialist engineering works relating to structural and civil works, mechanical and electrical works or any other engineering works as may be required by the Architect under the provisions of the Contract Article 8 ‘The term ‘the Quantity Surveyor” in the Conditions shall mean AAJ Associates Sdn Bhd of NO. 2B, (TINGKAT 2), JALAN TENGKU AMPUAN ZABEDAH A 9/A, SEKSYEN 9 40100, SHAH ALAM, SELANGOR DARUL EHSAN, Or in the event of his death or ceasing to be the Quantity Surveyor for the purpose of this Contract, such other person as the Employer shall nominate and appoint within 28 days a succeeding Quantity Surveyor for that purpose, not being a person to whom the Contractor shall object for reasons considered to be sufficient by an Arbitrator appointed in accordance ‘with Clause 34.0 of the Conditions ‘The Quantity Surveyor shall assist the Architect in the measuring and valuation of the work, materials and goods, fixed or unfixed, brought to or adjacent 10 the site and such other ‘Valuations as may be required by the Architect under the provisions of the Contract Article 6 Or in the event of his death or ceasing to be the Spe Consultant for the purpose of this Contract, such other person as the Employer shall nominate and appoint within 28 days a Succeeding Specialist Consultant for that purpose, not being a person to whom the Contractor shall object for reasons considered to be sufficient by an Arbitrator appointed in accordance with Clause 34.0 of the Conditions ‘The Specialist Consultant shall assist the Architect with specialist works as may be required By the Architect under the provisions of the Contract Article 7 Im the Contract Documents as hetcafier defined, the following words and expressions. shall have the meanings hereby assigned to them, except where the context otherwise requires: a) “Employer” means the party named in the first part of the Articles of Agreement ) “Contractor” means the person, firm or company named in the second part of the Articles of Agreement, whose tender has been accepted by the Employer ©) “Architect” means the Architect registered with the Board of Architects, Malaysia and designated as such in Article 3 of the Articles of Agreement. 4) “Engineer” means the Engineer/s registered with the Board of Engineers, Malaysia and designated as such in Article 4 of the Articles of Agreement ©) “Quantity Surveyor" means the Quantity Surveyor registered with the Board of Surveyors designated as such in Article § of the Articles of Agreement 1) “Specialist Consultant” means the Consultant's registered with their respective statutory ‘Boards..and! or Professional. Institutes.-in-- Malaysia -and-designated-as-such-in-~Article 6 of ‘The Articles of Agreement ‘Spectatise Consultant Role of Specialist Consultant Definations 2} “Site” means the Site designated ns such in the Articles of Agreement and includes the land or other places on, under, in or through which the Works are to be executed and any ‘other land or places provided by the Contract Documents as forming part of the Site Employer as may be specifically stated in the 1) “Works” means the Works referved to in the Amtcles of Agreement and is the whote of the mraterials, labour, plant and other things necessity and requisite for the proper e tion ‘of the Contract as shown on the Contract Drawings and deseribed by or referred to in the Contract Bills and the Conditions. i) “Contract” or “Contract Documents” means the Articles of Agreement, Summary of ‘Tender, Form of ‘ender. Letter of Acceprance, Conditions of Contract. Contines Drawings, Specifications, Contract Bills and Appendices. J “Conditions” means the Conditions of Conte k) “Contract Sum” means the sum stated in the Letier of Acceptance and in the Articles of Agreement “Contract Drawings” means the drawings listed ih the Articles of Agreement and set out in the Appendix to the Contract Bills %) “Contract Bills” means the Contract Bills sefered to in the Artictes of Agreement, comprising: 1) Instructions to Tenderers, ji) Form of Tender and Conditions of Tendering iti) Specification ‘To All Trades incoxposating Trude Preambles and Specification, iv) Preliminavies and Generally ¥) Measured Works. Provisional and Pr nie Cost Sums and Final Summary, Vi) Appendices. inchading fnter alia the Letter of Acceptance. 18) “Approved” means spproved in writing by the Architect, ineluding subsequent written

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