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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

1.0 Definitions and Interpretation

1.1 Definitions ✖ ✖ ✖ ✖ ✖ ✖ ✖

1.2 Interpretation ✖ ✖ ✖ ✖ ✖ ✖ ✖

2.0 Contract Period ✖ ✖ ✖ ✖ ✖ ✖ ✖

3.0 The Employer and the PDP ✖ ✖ ✖ ✖ ✖ ✖ ✖

WPC Warranty and Indemnity


4.0 ✖ ✔ ✖ ✖ ✖ ✖ ✖
to the Employer

PDP's Representative and


5.0
PDPR's Assistance

5.1 PDP's Right ✖ ✖ ✖ ✖ ✖ ✖ ✖

5.2 PDP's Representative andAssistants

- 5.2(a) ✖ ✔ ✖ ✖ ✖ ✖ ✖
- 5.2(b) ✖ ✖ ✖ ✖ ✖ ✖ ✖

- 5.2(c) ✖ ✔ ✖ ✖ ✖ ✖ ✖

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

- 5.2(d) ✖ ✖ ✖ ✖ ✖ ✖ ✖
- 5.2(e) ✖ ✖ ✖ ✖ ✖ ✖ ✖

6.0 WPC's Liability

6.1 Indemnity to Employer and PDP ✖ ✖ ✖ ✖ ✖ ✖ ✖

6.2 Constitution of WPC ✖ ✖ ✖ ✖ ✖ ✖ ✖

7.0 PDP's Instructions ✔ ✔ ✔ ✔ ✔ ✔

8.0 Scope of Contract ✖ ✖ ✖ ✖ ✖ ✖ ✖

9.0 Not Used

10.0 Contract Document

10.1 Custody of the Contract Documents ✔ ✖ ✖ ✖ ✖ ✖ ✖

10.2 Sufficiency of Contract Document ✖ ✔ ✖ ✖ ✖ ✖ ✖

11.0 Contact Deliverables ✔ ✖ ✖ ✖ ✖ ✖ ✔

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

Representations, Warranties
12.0 ✖ ✖ ✖ ✖ ✖ ✖ ✖
and Undertakings of the WPC
13.0 Obligations of the WPC ✖ ✖ ✖ ✖ ✖ ✖ ✖

14.0 Inspection of Site, etc. ✖ ✖ ✖ ✖ ✖ ✖ ✖

15.0 Performance Bond ✔ ✔ ✖ ✖ ✖ ✖ ✔

16.0 Programme of Works ✔ ✖ ✔ ✖ ✖ ✖ ✔

17.0 Initial Submittal Requirements ✔ ✖ ✖ ✖ ✖ ✖ ✔

18.0 Indemnity by WPC ✖ ✔ ✖ ✖ ✖ ✖ ✖

19.0 Insurance by the Employer ✖ ✔ ✖ ✖ ✖ ✖ ✖

20.0 Insurance by WPC ✔ ✔ ✖ ✖ ✖ ✖ ✔

Workers' Compensation
21.0 ✔ ✔ ✖ ✖ ✖ ✖ ✖
Legislation

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

22.0 Setting Out ✖ ✖ ✖ ✖ ✖ ✖ ✖

Unfixed Materials, Plant and


23.0 ✖ ✔ ✖ ✖ ✖ ✖ ✖
Goods
Interference with Traffic and
24.0 ✖ ✔ ✖ ✖ ✖ ✖ ✖
Adjoining Properties
Avoidance of Damage to Roads,
25.0 Extraordinary Traffic & Special ✖ ✔ ✖ ✖ ✖ ✖ ✖
Loads

26.0 Design (if applicable) ✔ ✔ ✖ ✖ ✖ ✖ ✖

27.0 Compliance with the Law ✔ ✔ ✖ ✖ ✖ ✔ ✖

28.0 Employment of Workmen ✔ ✔ ✖ ✖ ✖ ✖ ✖

29.0 Variations ✔ ✔ ✔ ✔ ✔ ✔ ✔

30.0 Valuation of Variations ✔ ✔ ✔ ✖ ✖ ✖ ✔

31.0 Bills of Quantities ✖ ✖ ✖ ✔ ✔ ✔ ✖

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

32.0 Measurement of Works ✔ ✖ ✖ ✖ ✖ ✖ ✖

Payment to WPC and Interim


33.0 ✔ ✔ ✖ ✖ ✖ ✖ ✔
Certificates

34.0 Adjustment of Contract Sum ✖ ✖ ✖ ✖ ✖ ✖ ✖

Final Accounts and Payment


35.0 ✔ ✖ ✖ ✖ ✖ ✖ ✔
Certificate

36.0 Effect of PDP's Certificates ✖ ✖ ✖ ✖ ✖ ✖ ✖

37.0 Prime Cost / Provisiona Sums ✖ ✔ ✖ ✔ ✔ ✔ ✔

38.0 Not Used

Materials, Goods and


39.0 ✔ ✔ ✖ ✖ ✖ ✖ ✖
Workmanship

Inspection and Testing of


40.0 ✔ ✔ ✖ ✔ ✔ ✔ ✖
Materials, Plant and Equipment

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

41.0 Works that will be Covered Up ✔ ✔ ✖ ✔ ✔ ✔ ✖

Constructional Plant, Materials,


42.0 Equipment, Vehicles and ✖ ✖ ✖ ✖ ✖ ✖ ✖
Machineries

43.0 Exclusion of Lien ✖ ✖ ✖ ✖ ✖ ✖ ✖

Possession of Site and


44.0 ✖ ✔ ✖ ✔ ✖ ✖ ✔
Commencement of Works

Practical Completion of the


45.0 ✔ ✔ ✖ ✖ ✖ ✖ ✔
Works

46.0 Not Used

Damages for Non-Achievement


47.0 ✖ ✔ ✖ ✖ ✖ ✖ ✔
of Works

48.0 Sectional Completion ✔ ✔ ✖ ✖ ✖ ✖ ✔

Partial Occupation/Taking Over


49.0 ✔ ✔ ✖ ✖ ✖ ✖ ✔
by PDP

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

50.0 Procedure for EOT ✔ ✔ ✔ ✖ ✖ ✖ ✔

51.0 Rate of Progress ✔ ✔ ✖ ✖ ✖ ✖ ✖

52.0 Acceleration ✔ ✔ ✔ ✖ ✖ ✖ ✖

Procedure for Claims for


53.0 ✔ ✔ ✖ ✖ ✖ ✖ ✖
Additional Payment

Defects Liability ✔ ✔ ✖ ✖ ✖ ✖ ✖

Suspension ✖ ✔ ✖ ✔ ✖ ✖ ✔

Default of WPC ✔ ✔ ✖ ✖ ✖ ✖ ✖

Termination of the PDP


✖ ✔ ✖ ✖ ✖ ✖ ✖
Agreement
Termination Upon Corruption,
✖ ✔ ✖ ✖ ✖ ✖ ✖
Unlawful or Illegal Activities

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

Termination for Convenience ✖ ✔ ✖ ✖ ✖ ✖ ✖

No-Fault Determination of
✖ ✔ ✖ ✖ ✖ ✖ ✖
Contract

Event of Force Majeure ✖ ✔ ✖ ✔ ✔ ✖ ✔

WPC Superintendence ✔ ✔ ✖ ✖ ✖ ✖ ✖

Intellectual Property ✖ ✔ ✖ ✖ ✖ ✖ ✖

Fossils ✖ ✔ ✔ ✔ ✖ ✖ ✔

Dispute Resolution ✖ ✔ ✖ ✖ ✖ ✖ ✖

Notice ✖ ✔ ✖ ✖ ✖ ✖ ✔

Amendments ✖ ✔ ✖ ✖ ✖ ✖ ✖

Confidentiality ✖ ✖ ✖ ✖ ✖ ✖ ✖

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

Severability ✖ ✖ ✖ ✖ ✖ ✖ ✖

No Waiver ✖ ✖ ✖ ✖ ✖ ✖ ✖

Law and Language ✖ ✖ ✖ ✖ ✖ ✖ ✖

Use of Plant,
✔ ✔ ✖ ✖ ✖ ✖ ✖
Equipment's/Materials
Coordination with Related
✖ ✔ ✖ ✖ ✖ ✖ ✖
Works

WPC Safety and Health Plan ✔ ✖ ✖ ✖ ✖ ✖ ✖

Environmental Management
✔ ✖ ✖ ✖ ✖ ✖ ✖
Plan

Project Quality Plan ✔ ✖ ✖ ✖ ✖ ✖ ✖

Non Compliance ✔ ✔ ✖ ✖ ✖ ✖ ✖

Entire Agreement ✖ ✖ ✖ ✖ ✖ ✖ ✖

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

Payment of Duties, Taxes, etc. ✔ ✖ ✖ ✖ ✖ ✖ ✖

Assignment and Novation ✖ ✔ ✖ ✖ ✖ ✖ ✖

Accounting and Audits ✔ ✖ ✖ ✖ ✖ ✖ ✖

Training Plan ✔ ✖ ✖ ✖ ✖ ✖ ✖

Key Access Date ✔ ✔ ✔ ✔ ✖ ✖ ✔

Bumiputra Participation ✖ ✖ ✖ ✖ ✖ ✖ ✖

Exclusion of Liability ✖ ✖ ✖ ✖ ✖ ✖ ✖

Care of Works ✔ ✔ ✖ ✖ ✖ ✖ ✖

Labour and Industrial Relation ✖ ✖ ✖ ✖ ✖ ✖ ✖

Anti Bribery Representation,


✖ ✖ ✖ ✖ ✖ ✖ ✖
Warranty and Covenant

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

Industrial Collaboration
✖ ✖ ✖ ✖ ✖ ✖ ✖
Program
Pre-Revenue Operation
Maintenance (Not Used)

WPC to Search ✖ ✖ ✖ ✖ ✖ ✖ ✖

Clearance on Site Completion ✔ ✔ ✖ ✖ ✖ ✖ ✖

Electricity (Not Used)

Taxation (Not Used)

Registration of Architects,
✖ ✖ ✖ ✖ ✖ ✖ ✖
Engineers, Surveyors

Use of Explosives ✖ ✖ ✖ ✖ ✖ ✖ ✖

Advertising Prohibited ✖ ✖ ✖ ✖ ✖ ✖ ✖

Option Exercisable by the


Employer (Not Used)

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Works Package Contractor : Training Centre and CLQ

CONTRACTUAL RIGHTS AND OBLIGATIONS

Ground for Requirement


Requirement Requirement
Requirement Ground Additional Ground for for
Clause Brief Description for Specific for Written
for Updates for EOT Payment / Variation Condition
Deliverables Notice
Cost Precedent

WPC Limit of Liability (Not


Used)

Technology Transfer (Not Used)

Compliance with Procedure ✖ ✖ ✖ ✖ ✖ ✖ ✖

Surviving Rights ✖ ✖ ✖ ✖ ✖ ✖ ✖

Project Risk Management ✔ ✖ ✖ ✖ ✖ ✖ ✖

Designated Supplier and


✖ ✔ ✖ ✖ ✖ ✖ ✔
Contractor

Key Performance Index ✖ ✖ ✖ ✖ ✖ ✖ ✖

Stamp Duty ✖ ✖ ✖ ✖ ✖ ✖ ✖

Advanced Payment ✔ ✖ ✖ ✖ ✖ ✖ ✖

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OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✖ ✔ Standard Letter PDP

✖ ✖ ✖ ✖

✖ ✖ ✖ ✔ Standard Letter PDP


✖ ✖ ✖ ✖

✖ ✖ ✖ ✔ Standard Letter PDP

13
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✖
✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

Standard
✔ ✔ ✔ Axiom
Letter/Template

✖ ✖ ✖ ✖

✔ ✖ ✖ ✖

✖ ✖ ✖ ✔ Standard Letter PDP

✔ ✖ ✖ ✔ Standard Letter PDP

14
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

Tender Document
✔ ✖ ✖ ✔ PDP
Appendix 2

✔ ✖ ✖ ✔ Standard Letter Axiom POW

✔ ✖ ✖ ✔ Standard Letter PDP

✖ ✖ ✔ ✔ Standard Letter PDP

✖ ✖ ✔ ✔ Standard Letter PDP

✔ ✖ ✔ ✔ Standard Letter PDP

✔ ✖ ✔ ✔ Standard Letter PDP

15
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✖ ✔ Standard Letter PDP

✖ ✖ ✔ ✔ Standard Letter PDP

✖ ✖ ✖ ✔ Standard Letter PDP

✖ ✖ ✖ ✔ Standard Letter Axiom CSR

✖ ✖ ✖ ✔ Standard Letter PDP

✔ ✖ ✔ ✔ Standard Letter Axiom VO

✔ ✖ ✖ ✔ Standard Letter Axiom VOV

✖ ✖ ✖ ✔ Standard Letter PDP

16
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✖

Standard
✔ ✔ ✔ ✔ PDP
Letter/Template

✖ ✖ ✖ ✖

Standard
✔ ✔ ✔ ✔ PDP
Letter/Template

✖ ✖ ✖ ✖

Standard
✖ ✖ ✖ ✔ PDP
Letter/Template

✖ ✖ ✖ ✔ Standard Letter PDP

✔ ✖ ✖ ✖

17
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

Standard Letter &


✔ ✖ ✔ ✔ PDP
Template

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

Standard Letter &


✔ ✔ ✔ ✔ Axiom
Template

Standard Letter &


✔ ✔ ✖ ✔ Axiom
Template

Standard Letter &


✔ ✖ ✔ ✔ Axiom
Template
Standard Letter &
✔ ✔ ✖ ✔ Axiom
Template
Standard Letter &
✔ ✔ ✖ ✔ Axiom
Template

18
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

Standard Letter &


✔ ✔ ✖ ✔ Axiom
Template

✔ ✖ ✔ ✔ Standard Letter Axiom

✔ ✖ ✖ ✔ Standard Letter Axiom

Standard Letter &


✔ ✖ ✔ ✔ Template (TD @ PDP
7, 8, 9)
Standard Letter &
✔ ✔ ✔ ✔ Axiom DL
Template
Standard Letter &
✔ ✖ ✖ ✔ Axiom SN
Template

✔ ✖ ✔ ✔ Standard Letter Axiom DWPC

✔ ✖ ✖ ✔ Standard Letter PDP

✖ ✖ ✖ ✔ Standard Letter PDP

19
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✔ Standard Letter PDP

✖ ✖ ✔ ✔ Standard Letter PDP

✔ ✖ ✖ ✔ Standard Letter Axiom FM

✔ ✖ ✖ ✔ Standard Letter PDP

✔ ✖ ✔ ✔ Standard Letter PDP

✔ ✖ ✖ ✔ Standard Letter Axiom FL

✔ ✖ ✖ ✔ Standard Letter Axiom DR

✔ ✖ ✖ ✔ Standard Letter Axiom NTC

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

20
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✔ ✖ ✖ ✔ Standard Letter PDP

✔ ✖ ✔ ✔ Standard Letter PDP

✔ ✖ ✖ ✖

✔ ✖ ✖ ✖

✔ ✖ ✖ ✖

✔ ✖ ✔ ✔ Standard Letter PDP

✖ ✖ ✖ ✖

21
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✔ ✖ ✔ ✔ Standard Letter PDP

✖ ✖ ✖ ✖

✔ ✖ ✖ ✖

✔ ✖ ✖ ✖

Standard Letter &


✔ ✔ ✖ ✔ Axiom KAD
Template

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✔ ✖ Standard Letter PDP

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

22
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✔ ✖ ✔ ✔ Standard Letter PDP

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

23
OBLIGATIONS

Requirement
Option for
Explicit for "prior Has Main
Back- Template
"Timeline" approval" Template(s) Remarks Appendix.
charge/Hold Owner
to meet before to Follow Ref.
Payment
proceeding

✖ ✖ ✖ ✖

✖ ✖ ✖ ✖

✔ ✖ ✖ ✖

✔ ✖ ✔ ✔ Standard Letter PDP

✖ ✖ ✔ ✔ Standard Letter PDP

✖ ✖ ✖ ✖

✔ ✖ ✖ ✖

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