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PWD FORM 203A

PWD FORM 203A

1.0 DEFINITION
Contract document Contractor Contract Period Contract Sum Date for Completion Defect Liability Period Nominated Sub Contractor or Nominated Supplier On-cost Charges Officer Named Prime Cost or Abbreviation P.C.Sum Provisional Sum Site S.O S.Os Representative Works

INTERPRETATION
1.Term approve or approval should be in writing 2.Words importing the singular includes the plural and vice versa where the contacts require. 3.The headings are only for reference ,not be considered to be part of contract. 4.If specifically stated a reference in this contract and the appendices to any clause mean that clause in this contract. 5. The contract should be read as a whole ,unless otherwise specifically stated, this contract are to read subject to any relevant specification in any other clauses

2.0 Contract Period:

1.Stated the time of commencing and ending.

3.0 S.O and S.Os Representative:

Duties: 1.S.O shall be responsible for supervision and direction and all matters regarding with contractor 2.S.Os Rep a. S.O must appoint any representative as he deems fit. b. S.Os rep shall be responsible to the S.O on his duties S.O authority to delegate 1.S.O should writing delegate to S.Os Rep any of the power and authorities and shall furnish to the contractor copy. 2.Any instruction given by S.Os Rep to the contractor within the term of delegation are valid 3.If the contractor is not satisfied with S.Os Rep ,the they may refer to S.O 4.The delegation in this shall not preclude the S.O from performing his duties.

4.0 S.O Right To Take Action

Notwithstanding any provision in this contract it is hereby agreed that: The right to act on be half of government in respect of ant matter The power of the S.O to issue instruction requiring a variation The contractor shall not be entitle to extension of time or any extra cost or expense or whatever arising from compliance with this clause

5.0 S.Os Instructions

The S.O may issue any further drawing ,details and/or written instructions. All instructions issued by S.O. shall be in writing and shall be complied by the contractor. If within seven days after received the written notice from S.O., the contractor does not comply it, then the S.O. have the right to terminate the contract. The contractor shall be responsible for all the expenses in carrying out the works.

6.0 SCOPE OF CONTRACT

Upon this contract, the contractor shall construct and complete the works. The contractor must also undertake any consequential work during the completion of works. The contractor shall also make good any defect, imperfection, shrinkage or other fault appear during the Defect Liability Period.

7.0 CONTRACT SUM

The sum of payment given by government to the contractor for the construction and completion of works.

8.0 CONTRACT DOCUMENTS

Custody of the contract documents: The contract shall be prepared in two original copies for S.O. and Contractor. After execution of this contract, S.O. shall immediately furnish to the contractor two copies of contract drawings and two copies of unpriced bills of quantities and one copy of priced bills of quantities. S.O shall furnish the contractor two copies of further working drawings or details when necessary. The contractor shall keep one copy of these documents. Upon final payment, all of these documents shall be return to the S.O. None of these documents shall be used for any purpose other than this contract.

Sufficiency of contract documents: The contract documents are to be taken as mutually explanatory of each other. If the contractor shall find any discrepancy, he shall immediately give a written notice to the S.O.

9.0 REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS OF THE Representations and Warranties: CONTRACTOR Contractor represents and warrants to government that:
It is a corporation validly exist under law. valid registration with construction industry. It has corporate power to perform It has taken all necessary corporate action to authorize the performance of this contract. As at the execution date, this contract will violate in any provision of Memorandum and Articles of Association; and any related agreement. Not to have a material adverse effect upon it under this contract. This contract constitutes a legal, valid and binding obligation between contractor and its terms and conditions. It has necessary financial and technical capability to undertake the works.

Undertakings of the Contractor: The contractor shall be fully liable for all costs incurred. Contractor shall pay all taxes. Contractor shall ensure the payment of income tax are made from deduction of his employees salaries.

10.0 OBLIGATIONS OF THE Shall construct,CONTRACTOR complete, test and commission the
works. Shall perform the works properly. Shall take all appropriate measures expected to ensure the works comply with contracts requirements. Shall perform the works and discharge its obligations as contained in this contract with well-outlined procedures. Shall perform the works in safe and protect the governments interest in relation to the works at all times. Shall immediately inform in writing to the government all the occurrence which will affect the works.

 Provide and maintain throughout the contract period such number, categories of qualified and competent personnel necessary to perform the works. Provide and maintain at its own cost and expenses necessary for effective performance of works. Shall instruct and supervise all its staffs in carrying out the works. Shall make good any defect, imperfection, shrinkage or other fault appear during the Defect Liability Period. Shall carry out any other obligation and responsibilities under this contract.

Clause 11.0 - Inspection Of Site

These clauses is a provision as it allowing the contractor to conduct inspection and make all examined of the site until the contactor satisfied before entering a tender. But this obey to limitation and should follow some guidelines that form the basis of contract, for example:

Nature of ground and subsoil The form and nature of site Material and good necessary for work propose Communication and excess Accommodations Necessary information that may influence and affecting his tender Any information and document forwarded by the Government to the contract

Clause 12.0 Programme Of These clauses says when the contractor received the Letter Work of Acceptance, it requires the contractor to submit a work
programme first to S.O and seek for their approval and determination .

Normally, contractor will provide in detail work break down and timing line progression as the proposal of work execution . It must be submitted within 14 days after received the letter.
But during the actual progress of the work, if the S.O found that the contractor progress does not conform to the earlier work programme, therefore contractor shall revised and produce necessary modification through the approved program so that to ensure the completion of the work within the time.

Clause 13.0 Performance Bond / Performance Guarantee Sum In the clause 13, under performance bond/ performance guarantee
matter, it states that the contactor must provide a sum equivalent to (5%) of the total Contract Sum in order to be a substitution to any claim due to contractors performance and obligation under the contract. The bond is a require exist by an approved licensed bank or financial institution incorporated in Malaysia and it shall remain valid effective until 12 months of the defect liability period.

But it also give an optional to the contractor do replacement rather than provide 5% performance bond/performance guarantee where contractor s is allowed to make a deduction of 10 percent from the first interim payment.
This performance bond will refunded to the contractor during the

Clause 14.0 Indemnity In Respect Of Personal Injuries And Damage Property

Contractor agree with Government that: he takes the responsible for any injuries occurs. It shall indemnify and keep indemnified the government from against all actions The obligations under this clause shall continue after the expiry Contractor shall indemnify, protect and defend at its own cost and expenses arising against all claims .

15.0 Insurance Against Personal Injuries and Damage to Property

Taking Insurance -to indemnify the Government, therefore Contractor and all sub contractor shall cover all their liability by taking an insurance. The insurance shall be for purpose of : Injuries or death Damage or loss to property Movable or immovable Execution of the work and cause by any neglience Ommision Breach of contract

The policies of insurance shall contain a cross liability clause indemnifying each of the jointly insured against claim and also cover from the period of the date possession of site until the date of issuance of Certificate of Making Good Defect.

 Production of Policies in this clause stated that contractor shall produce and deposit relevant policies of the insurance together with receipt which paid to S.O Clause 15.3, claim to the default in insuring where when contractor fails to renew the insurance, hence the S.O on its behalf shall be entitled to deduct a sum to the amount respect On-Cost Charges. Clause 15.4- Cancellation of Insurance, Contractor shall
Ensure that any insurance policy affected here to shall only cancelled by the insurer after the expiry of 30 days from the date of receipt. Shall not any time permit any insurance permit by virtue of the contract.

 Clause 15.5- Loss or Damage Occasioned by Insured Risk

Any damages or loss occurring during the performance of the contact, contractor shall repair, replace or make good using his own resources.

Clause 16.0- Indemnities To Government In Respect of Claims by Workmen

The contractor shall be liable for and shall indemnify and keep indemnified the government and its officers of servant from all liabilities arising out of claims by any workman employed by Contractor. Contractor shall effect and maintain

Clause 17.0 Employees Social Security Act 1968

Defining the clause in 17.1, it require the contactor to register all local workmen employed under the Employees Social Security Scheme (SOCSO) The contribution to SOCSO is made by contractor and all the code number of all workmen SOCSO shall be submitted to S.O as the evidence through out the payment of the contribution If contractor fails to comply with term in this clause, the Government may breach the contract as: Withhold an amount from any money which would otherwise be due to the contractor under this contract Deduct any money from contractor due to the remaining unpaid contribution

Clause 18.0- Insurance of Work

The definition of Insurance of Work is likely the same as in clause 15, where contractor are posses to provide an insurance against matter related to the work itself. Contractor must provide the insurance cover all the lost and damages for the work, submitted to the S.O and renewing the insurance for good.

19.0- Setting Out

Contractor shall be responsible for: True and proper setting out of the work If there is an error during the progress of the work, contractor shall at its own rectify the error or on being required to do so by the S.O, he shall at his own expenses rectify such error to the satisfaction of the S.O Giving S.O such information that will enable him to check the setting out.

20.0 Unfixed Materials and Goods

Unfixed material and goods delivered to site shall not be removed except for use upon work. Unless the S.O has consented in writing to such removal, therefore it said to be removed as all the material and goods become the property of the government But the contractor shall remain responsible for loss or damage to the goods and material.

21.0- Compliance With The Law

In the clause of 21, it summarized that the contractor shall: Comply in all respect with any law, regulation or any directive issued by any public authority or public service company. Keep the government indemnified against all penalties and liability of every kind for breach of any such Statutory Requirement. Before making such variation, contractor should notify to the S.O as to apply for S.O instruction in respect of the matter

22.0 - Design
Clause 22.1 Design Liability in the contract is define as : Contractor has to undertake any design and specification supplied by the Government To ensure that such design shall be suitable , functional, safe and compatible Design is approved and endorsed by a competent and registered professional Contractor must fully responsible to the design, execution and maintenance of the work

 Clause 22.2 Design Guarantee Bond In the clause, it describe to the contractor obligation where: The contractor shall provide a Design Guarantee Bond for the said part of the works issued by an approved licensed bank/ financial institution Defect/ damage that occur will claims to the design guarantee bond

Clause 23.0 Employment of Workmen

Contractor shall : employ only Malaysian citizen as workmen may employ non-Malaysian citizen subject to the approval of the government on the commencement of the works furnish to the Jabatan Tenaga Kerja is perform all particular connected Maintain of the sites at all time Cause his sub-contractor and nominated subcontractor to comply with the provison.

 Clause 23.2- Compliance with Employement Act 1955. The Clause has said that the contractor employment must meet all the requirement of the Employment Act 1955.
The contractor shall not entitled to any claim for additional cost and payment respect to the compliance.

Clause 23.3 Days and Hours of Working

No work shall be done:- Weekly day of rest /any public holiday/after 6 pm to 6 am

the contractor shall keep and cause sub-

 Default payment of wages is describe as payment shall be deemed to be a payment made by contractor to the employment. While discharge of workmen (clause 23.6) stated that any person removed from the work shall be replace without delay and must be approved by the S.O.

Clause 24. Variation

Variations means any changes in the Contract Document Addition/omission to the contract sum Issue by the S.O

Clause 25. Valuation of Variation

To determine the rates in BQ for variations of works. Allow use day work price if not provided in the BQ The amount of variation shall be certified by the S.O

Clause 26. Bill of Quantities

1. Basic of contract sum 2. Standard method of measurement 3. Provisional Quantities

Clause 27. Measurement of works

The S.O shall do the measurement or remeasured the works for the purposes of variations of works. Both parties involved - Contractor or qualified agent - S.O or S.O s representative

Clause 28. Payment to Contractor and Interim Certificates

Content 6 sub clauses First Valuantion when the contractor has executed works including delivery unfixed materials or good Interim Certificate issue by the S.O. within 14 days . Payment - within 30 days

Clause 29. Adjustment of Contract Sum

The amount to be added to OR deducted from the contract sum due to fees and charges in relation to related clause. eg. - Charges of supply of water and electricity and permanent connections to the services ( under clause 6.2) - Variation of works (under clause 24)

Clause 30. Fluctuation of price

The Special Provisions to the Conditions of Contract for Fluctuation of Price as contained in Appendix ( If applicable), pay by the Government to the contractor upon the issue by the S.O of an Interim Certificate.

Clause 31. Final Account And Payment Certificate

Final Account
Final Certificate

When ? What are the supporting documents?

When? What are the supporting documents?

Clause 32. Effect of S.Os Certificate

In any imperfection or other faults, no certificate of the S.O. shall be final and binding in any dispute between the Government and the Contractor if the disspute is brought whether before an arbitrator or in the Courts.

Clause 33. Deduction from Money Due To Contractor

The Government or the S.O. on its behalf shall be entitled to deduct any money The S.O. in issuing any certificate under clauses 28 and 31, shall have regard to any such sum so chargeable against the Contractor.

Clause 34. Prime Cost /Provisional Sums

Clause 34.1 Prime cost/provisional sum normally provided in the contract. The amount due to the contractor shall be determined by deducting the prime cost/pc.sum and the relevant profit and atendance charges.

Clause 34. Prime Cost /Provisional Sums ( cont)

Clause 34.2 If the Provisional Sum not used either wholly or partly shall be deducted from the Contract Sum. The value of works which are executed by the contractor in respect of Provisional Sums shall be accertained in accerdance with clause 25 hereof.

Clause 34. Prime Cost /Provisional Sums ( cont)

Clause 34.3 Any work to be executed or materials to be supplied for which Provisional sums are provided in the BQ may,if the S.O. so decides, be treated as P.C.Sum items and shall be dealt with in accordace with clause 34.1

Clause 34. Prime Cost /Provisional Sums ( cont)

Clause 34.4

Clause 35. Materials, goods And Workmanship

Clause 35.1 All materials ,goods and workmanship must follow standard and specification . The S.O. has right to request the relevant cerificates/ vouchers to prove that the materials and goods comly with the specification.

Clause 35. Materials, goods And Workmanship (cont)

Clause 35.2 The contractor shall at his own cost, provide samples of materials and goods for testing purposes.

Clause 35.3 The contractor shall pay all duties and taxes which may imposed by law such as customs duties and sales tax on all materials, goods and equipment. Clause 35.4 The contractor shall pay all tonnage and other royalties, rent fees and other payments or compensation (if any) for getting stone, sand, gravel, clay or other materials required for the works.

Clause 36. Inspection And Testing Of Materials, Goods and Equipment Contractor shall submit to the S.O. , proposals for inspecting
the design and setting out of the works and testing of material. The S.O. may issue instructions to the Contractor to remove from the site or rectify any work, goods which are not in accordance with the contract at his own cost. The contractor shall provide such assistance, instruments, machines, labour and materials for purpose of testing to ensure the quality, weight or quantity of materials used and supply samples of materials before incorporation in the works for testing. The cost of making any test shall be borne by the contractor if such test is: i. proposed by the contractor ii.clearly provided in the contract

 Contractor shall pay all fees to bring the contructional plants to Malaysia. All Shippings documents - submitted to S.O If using agents, the invoice must indicate clearly that the consignment is for the contractors account. All expences/charges and customss

Clause 37. Construction Plant, Equipment, Vehicles and Machineries

38.0 POSSESSION OF SITE

38.1 No work shall commence unless and until the Performance Bond (clause 13) stipulated, insurance (clause 15 and 18) 38.2 Unless the Contractor who shall thereupon and forthwith commence 38.3 If stated in conditions or Contract Document 38.4 If delay possession of site, SO shall revised date of possession and completion, but no claim loss or damage 38.5 If delay beyond ninety days, SO written notice, contractor reply within 14 days either agree to proceed or terminate

38.0 POSSESSION OF SITE

38.6 If possession of any section is delayed beyond 90 days, the S.O shall notice the contractor of the causes of such delay and within 14 days either to : a) agree to proceed b) Request for S.O instruction to omit the relevent section

39.0 COMPLETION OF WORKS

39.1 Shall complete on or before the Date For Completion (clause 43) 39.2 Contractor shall notify the SO in writing if considers achieved completion 39.3 Within 14 days, the S.O testing and inspection and the contractor complete defect works and S.O shall issue Certificate of Practical Completion (CPC) 39.4 If the S.O given instruction, no CPC until carried out the remedial work within reasonable period

39.0 COMPLETION OF WORKS

39.5 The works shall not be regarded as practically complete unless, it has fulfilled following:
a)The works completed with terms and conditions b)Very minor defects c)Passed any commissioning tests required d)Fit for occupation e)All the essential services

40.0 DAMAGES FOR NON COMPLETION

40.1 If contractors fails to complete by Date for Completion or wihin extended time, S.O shall issue a Certificate of Non Completion (CNC) and intention to impose Liquidated and Ascertained Damages (LAD) 40.2 Shall calculated at the rate stated to the date of issuance CPC or terminated date. S.O deduct from any money or become due (Performance Bond)

41.0 SECTIONAL COMPLETION

41.1 Where different completion dates for different section (works) or separete LAD, the provision regard to :
a) Certificate of Practical Completion (CPC) b) Delay and Extension Of Time (EOT) c) Liquidated Ascertained Damages (LAD) d) Defect Liability Period (DLP)

But not insurance of work, Performance Bond, final payment

41.0 SECTIONAL COMPLETION

41.2 Performance Bond shall be released only upon issue of Certificate Making Good Defects (CMGD)

42.0 PARTIAL OCCUPATION/ TAKING OVER BY GOVERNMENT

42.1 Shall take possession of and occupy any part : CPC Within 7 days from the date of possession, government shall issue Certificate of Partial Occupation (CPO) DLP

42.0 PARTIAL OCCUPATION/ TAKING OVER BY GOVERNMENT

CMGD c) Have been made good by contractor, CMGD shall given Reduction of LAD d) Be reduced in the proportion Insurance e) Shall insure and keep insured the works in the manner as stipulated

42.0 PARTIAL OCCUPATION/ TAKING OVER BY GOVERNMENT

PB Not Affected f) Shall released only upon the completion of making good all defect

43.0 DELAY AND EXTENSION OF TIME

43.1 Contractor shall forthwith written notice of the following events : Force majeure under clause 57 Exceptionally inclement weather Suspension of works under clause 50 Direction by S.O consequential upon disputes S.O instruction under clause 5

43.0 DELAY AND EXTENSION OF TIME

Contractor not received in due instruction (nomination of sub con/ supplier) Delay in giving possesion of site under clause 38.4 Delay on part of artist, tradesmen or other engaged by Government Reason beyond control

44.0 CLAIMS FOR LOSS AND EXPENSE

44.1 Delays as stated under clause 43.1 c),d).e),f) and h),contractor have to claim loss and expense within (30) days of the occurance with an estimate 44.2 Not later than 90 days, contractor shall submit full particulars of claims and S.O shall added to the Contract Sum 44.3 If fails to comply, not entitled to comply

45.0 INVESTIGATION BY GOVERNMENT AND OTHER PERSONS IN CASE OF ACCIDENT, FAILURE OR OTHER EVENT

Contrctor shall render all such assistance and facilities, giving access to all specification, design, record and other available information relating to the works.

46.0 ACCESS FOR WORKS

46.1 Access for S.O a) Shall at all reasonable times have to access to the works and other places b) Shall take reasonable step required to enforce or assist c) If any person removed, contractor shall be replaced without delay, and shall not entitled any claim for any expense

46.0 ACCESS FOR WORKS

46.2 Access for Other Contractors and Workmen The Contractor shall in accordance afford all reasonable access and facilities to any person that engaged by Government

47.0 SUB CONTRACT OR ASSIGNMENT

47.1 The Contractor shall not sub contract the design for any portion under clause 22 and not in any way absolve the obligation of the contractor under clause 10 47.2 The contractor shall not sub contract the whole or any substancial part, if given by S.O, the contractor from any liability

47.0 SUB CONTRACT OR ASSIGNMENT

47.4 No claim shall be made by the contractor 47.5 If the contractor sub contracts the works without getting written of the S.O, the S.O shall have forwith terminate without costs and expense given 47.6 The contractor shall not assign the Contract in favour of the Contractors

48.0 DEFECTS AFTER COMPLETION

48.1 Completion of Outstanding Work and Remedying Defects a) During DLP Contractor to make good such defects, imperfections, any fault at own cost b) Not later 14 days or 3 months DLP, Contractor have to make good the defects and the S.O shall not be allowed to issue to make good defect after 14

48.0 DEFECTS AFTER COMPLETION

48.2 Default in Remedying Defects If the contractor shall fail to comply clause 48.1 a) and or 48.1b), the S.O shall be deducted from any money due or become due or recovered from Performance Bond 48.3 Diminution in Value of Works The S.O shall ascertain the diminution in

48.0 DEFECTS AFTER COMPLETION

48.4 Certificate of Completion of Making Good Defects (CMGD) If the Contractor completed the defects, the S.O shall issue CMGD

49.0 UNFULLFILLED OBLIGATION

The Contractor and Government fullfilled of any obligation after CMGD issued

50.0 SUSPENSION OF WORKS

50.1 Suspension and Resumption of Works a) The officer named may any time instruct the contractor to suspend b) The Contractor shall suspend and duly protect, store and secure against any deterioration, loss or damage c) The Contractor shall continue to perform

50.0 SUSPENSION OF WORKS

d) The Government may instruct Contractor to resume the works and contractor shall make good any deterioration during suspension and necessary to mitigate the expenses incurred.

50.0 SUSPENSION OF WORKS

50.2 Extension of Time (EOT) The Contractor shall give notice for EOT, but not entitled is due to a cause attributable to the contractor and not entitled to payment of loss and expense if
a)Fails to take measures b)Fails to take all necessary action to take all necessary action to mitigate

50.0 SUSPENSION OF WORKS

50.3 Consequence of Mutual Termination a)If the contract is mutual terminated i) Clause 51.1c), shall be applicable ii)Payment obligations including all costs and expenditure incurred by the Government and the Contractor shall be ascertained, clause 54

51.0 Events and Consequences of Default by the Contractor

51.1 DEFAULT OF OBLIGATIONS Events of Default

(A) CONTRACTOR Fail to commence works within 2 weeks after the date for possession Suspends or abandons the works before date of Completions Fails to proceed the works regularly and diligently Fails to execute the works

51.1 DEFAULT OF OBLIGATIONS Termination

If contractor fails to remedy the breach within such periods, the S.O shall have the right to forthwith terminate this contract by giving a written notice to that effect.

 contractor shall Forthwith ceased all operations of the works Carry out any protection works and leave the site in clean and tidy condition
Terminate all third party contract Remove its personnel and workmen

51.1 DEFAULT OF OBLIGATIONS Consequences of Termination

- Government Shall call upon performance bond or forfeit the performance guarantee sum Enter and repossess the site entitled to carry out and complete the works

51.1 DEFAULT OF OBLIGATIONS Consequences of Termination

51.1 DEFAULT OF OBLIGATIONS General Default

- Events of Default Contractor becomes bankrupt Contractor becomes insolvent or compounds An order is made or resolution is effectively passes for the winding up of the contractor Execution is levied against a

51.1 DEFAULT OF OBLIGATIONS General Default

- Consequences of Termination Nothing in clause 51.2 or anything else contained in this contract shall render the government in any way liable for payment upon termination.

52.0 TERMINATION ON NATIONAL INTEREST Termination

Terminate contract by giving not less 30 days written notice if the government considers that such termination is necessary for national interest, national policy or national security Purpose of this clause are shall be solely made and determined and purpose to

52.0 TERMINATION ON NATIONAL INTEREST Consequences of T e r mof in a tcontract ion Upon such termination this
under clause 52.1
Payment obligation including all cost and expenditure incurred by government and the contractor shall be ascertained in accordance with clause 54 Clause 51.1(c)(i) and clause 51.1(c)(ii)(B) shall apply

53.0 TERMINATION ON CORRUPTION T e rof m in a tgives i o n or offers to If the contractor its staff
give to any person any bribe or commission as and inducement or reward
For doing of forbearing to do any action in relation to the contract or in any other contract or any other contract with government For showing or forbearing to show favour or disfavour to any person in relation to the contract or in any other contract or any other contract with government

 Government shall entitle to all loses including any incidental cost and expenses Nothing in clause 53 or anything else contained in this contract shall render the government in any way liable for payment upon termination

53.0 TERMINATION ON CORRUPTION Consequences of Termination

54.0 Payment Upon Termination

Government shall entitle to all loses including any incidental cost and expenses Nothing in clause 53 or anything else contained in this contract shall render the government in any way liable for payment upon termination

54.1 Amount to be paid if contract terminated under clause 50 and 52

the value of all work been done The amount payable of any preliminaries work that been done Material on site that legally accept by contractor etc

55.0 Certificate of termination Cost Completion cost

The sum previously paid The sum paid to someone engaged by the government to complete the job Any sum paid to sub-con or suppliers under clause 60 Any cost incurred by the government in completing the works The amount of direct loss caused to the

55.3 Final Contract Sum

The amount which would have been payable under the contract on completion in accordance with the contract, sum Any other sums which the government might be entitled under the terms of the contract to deduct from the original contract sum

55.4 The certificated of termination costs shall state the diff. between the final contract sum and the completion cost. If the final contract sum is less than the

56.0 Surviving Right

Any termination under this contract shall not affect the liability of either party hereto for any of its acts or omissions during the period of the contract and both parties shall thereafter continue to be so liable and shall keep the other party hereto indemnified and hold harmless in respect of any claims arising therefrom

57.0 Force Majeure

57.1 force majeure
War, invasion, act of foreign Revolution ,rebellion,civil war,terrorism Natural catastrophe (earthquake,flood) Nuclear explosion, radioactive or chemical contamination or radiation Pressure waves (sonic & supersonic speeds) Riot, commotion of disorder

58.0 Site Agent and assistants

Competent, experience, and good character site agent and his assistants in each trade as may Capable to receive instruction in bahasa malaysia

59.0 Nominated sub-contractor and nominated suppliers

Someone or company been named by contractor as sub contractor or suppliers

60.0 Payment To Nominated subcontractor and nominated suppliers

Receive direct payment from government

61.0 There is no liability against government and contractor

60.0 Payment To Nominated subcontractor and nominated suppliers

64.2 The S.O. shall issue instruction what is to be done concerning the object. Contract in direct loss and/or expense for which he would not be reimbursed by a payment but the amount shall be added to the Contract Sum.

64.3

63 INTELLECTUAL PROPERTY RIGHT

The proprietary in the works shall vest in government free and clear of all liens, claims and encumbrances on the works The contractor shall be responsible for any claim that the equipment supplied in infringes a patent, copyright or registered design

64.0 ANTIQUITIES
64.1 All fossils, coins, antiquities and other objects of value which may be found on the Site shall become absolute property of the Government. Not to disturb the object. Preserve the object in the exact position. Inform the S.O.

64.2 The S.O. shall issue instruction what is to be done concerning the object. 64.3 Contract in direct loss and/or expense for which he would not be reimbursed by a payment but the amount shall be added to the Contract Sum.

65.0 ARBITRATION
65.1 Any dispute or difference between the Government and the Contractor shall refer to the officer for decision. 65.2 Decision shall be in writing, be binding on the Parties until the completion of the Works.

64.2 If the Parties

a) fails to receive a decision from the officer within 45 days after requested, or b) is dissatisfied with any decision of the officer then dispute or difference shall be referred to arbitration within 45 days to an arbitrator to be a greed between the Parties and to be appointed by the Director of the Regional

The arbitration shall heard and conducted at the Kuala Lumpur Regional Centre f or Arbitration.
65.4 Such reference shall not be commenced until after the completion of the Contractor employment under this Contract, unless with the written of the Government and Contractor.

65.5 During the period of approval, all parties must carry out their responsibilities under the contract.

65.6 All Parties may make any counter claim in relation to any dispute or difference arising from the Contract.
65.7 Arbitratorn who may determine the amount to be taxed and who must be

65.8 Arbitrator shall be final and binding on the Parties. 65.9 In the event of the death of the arbitrator or his unwillingness or inability to act. The Government and the Contractor shall appoint another person to act as the arbitrator or arbitrator shall be appointed by the Director

65.10 The reference for the arbitration is Arbitration Act 2005. 65.11 The arbitration shall be governed by the Arbitration Act 2005 and the laws of Malaysia.

66.0 NOTICE, ETC.

66.1 Any notice, approval, consent, request or other communication shall be in Bahasa Malaysia or English language. 66.2

Such notice must be send by :

hand delivery or courier leaving the notice at the registered office or site office of the Contractor.

registered post (shall be received seven (7) days after date of posting

66.3 The address of the Government and the Contractor is as shown on the Contract. 66.4 All parties must to notify the any changing of address or entity by giving a written notice within 14 days and if failing to notify the S.O., any instruction or notice shall be deemed to have been served

67.0 AMENDMENT
No modification, amendment of provisions of this Contract unless made by mutual consent and made in writing by way of supplementary agreement and duly sign by the Parties.

68.0 CONFIDENTIALITY
68.1 The Contract and all such as drawings, records, and all matter pertaining hereto shall be considered as confidential except where : a) such information is necessary for the purposes of raising finance of the Contractor

 such information is necessary for the purposes of raising finance of the Contractor such information is made to the Contractors consultant. such information is required by law or by any government agency for the performance of any obligation. the information has entered public domain.

68.2 Contractor undertakes to ensure that such parties shall not disclosure the information to another party.
68.3 The restrictions contained in this clause shall survive the termination of this Contract and shall continue to bind both Parties without limit of time.

69.0 STAMP DUTY

The Contractor shall bear the stamp duty, legal costs and fees in the preparation of contract and anything incidental thereto.

70.0 SEVERABILITY
Any provision of this contract is held to be illegal or is invalid under any laws or regulations effective and applicable during the term of this contract such provision shall be fully severable and the remaining provisions of this Contract shall remain and shall not be effected by the illegal provision from this contract.

71.0 WAIVER
Failure by any Party to enforce at any time, any provision of this Contract shall not be construed as a waiver of its right to enforce the breach of such provision.

72.0 LAW APPLICABLE

This Contract shall be construed inaccordance with the laws of Malaysia and the Parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

73.0 SUCCESSORS BOUND

This Contract shall be binding upon the respective successors-in-title of the Parties.

74.0 EPIDEMICS AND MEDICAL ATTENDANCE

74.1 The Contractors shall maintain the Site in clean and sanitary condition and shall comply with the Government Health and Sanitary Authorities requirement. 74.2 The Contractor shall ensure that sufficient first aid kits are made available.

75.0 TECHNOLOGY TRANSFER

If foreign professionals appoints, Contractor shall ensure that the employees of the Government are trained.

76.0 GENERAL DUTIES AND PERFORMANCE STANDARD

76.1 Industry Practice
The Contractor shall perform the Works in a proper manner with good management and best industry practice and shall comply with any guidelines issued by the Government.

76.2 The Contractor shall provide and perform its obligations under this Contract and take all appropriate measures. 76.3 The Contractor shall at all times perform the Works in such manner as will always protect the Governments interest.

77.0 RESTRICTION AND PROCEDURE ON USE OF IMPORTED MATERIALS AND GOODS

77.1 Contractor shall use local goods/materials as listed in the Senarai Bahan/Barangan Buatan Tempatan

issued by IKRAM QA Services Sdn. Bhd. and/or issued by SIRIM QA Services Sdn. Bhd.

If their fails to comply that requirement, the Government may reject the materials. 77.2 For local materials not listed as aforesaid, its may be allowed if prior testing and certification from IKRAM or SIRIM or another agency with the S.O.s prior approval.

77.3 The Contractor shall at his own cost entirely substitute any materials, plant, equipment, vehicles or other goods proposed to be imported but not approved by the Government with suitable local materials.

77.4 The Contractor shall ensure that the procurement of approved imported materials or other goods are obtained directly from the country of origin based on F.O.B. The transportation and insurance of import materials from the origin country to the Site shall be arrange through the Governments Multi Modal Transport Operators.

77.5 The Contractor shall submit documentary evidence of compliance with this clause to the S.O. within one (1) month from the date of each delivery to the Site.

78.0 TIME
Time whenever mentioned shall be of the essence of this Agreement.