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 pN. (AD!,.)
(Rcfcrcocr:: i592)
 CONDHONS OF CONTRACT-TabIe of Conrents
CLAUSE Proe
ARTICT.ESOF AGREEMENT t_3
l. DrrnmoNs amoIx'rrnpnr-renox 4
(a)Definitions A

(D)'Approved"and "directed', A

(c)Singularand plural terms 4

(d)Marginalheadings ot D,otes 4
2^ Drmrs or S.O.exo S.O.'sRrpnesEi:Terrvg ... )
(a)Dutiesof S.O. ... 5
(D)Dutiesof S.O.'sRepresentative 5
(c)Delegatiouof S.O.'spower 5
3. S.O.'s fucnr ro Tere Acnox 5
(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 5
(a)Definition 5
(D)Compliance with S.O.'sinstructions... 6
(c)S.O.'sinstructions
to be in writing ... 6
(d) Clain 1e1gempliancewith S.O.'sinstructions 6
6. Nouces 6
7. Coxrmcr DocuME.NTs 6
(a) Custody of Contract Documen8 6
(6) Copiesof Contract Documents 6
(c) Copiesof working drawings ... 6
(d) Documentson Site 6
(e) Return of documents... 6
(f) Resriction in use 6
Surrrcrmcr or Corrnect Docrrurrrs 7
(a)Contractpesnmgsfsmutuallyexplanatory... ,I
(D)Discrepancy 7
Mertnnrs .u.u WonrolANsHrp 7
(a)Qualiryof materials,goodsand workmenship 7
(b)Sampies,testingof materiaisasd works covercdup 7
10. Umue'o Mlrsp.urs elo Gooos 7
l l . Srrnronr Orrrcmoxs 7
(q)Conpliancewith writtenlaw, regulationsand bye-laws 7
(D)Chargesto be borneby the Governnent 7
(c) Iademnity to the Government 7
(d) Chaage in written law etc. 7
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,
- Clonditions of Contractand the Appendix annexedthereto,
- f"''u'
Nil
::
:::::::::::!ii:::::1":::::l-"
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$and who has or have signedthis Contract
and includesthe Contractor'spersonalrepresentatives, successorsand such other
persotrsor body of personsto whom the Contractorhas assignedor sub-letpursuant
to Clause27 of theseConditions.
(iii) "Coutract Sum" meansthe sum Damedin Article 4 of the Articles of AgreemenL
(iv) The initial "S.O." meaDsthe "Superintending Ofrcer" who shall becD...........
..J.g.lgler.e..Ns.een!.e.r.a..Per-s.e.ks.f
u..$.dn..tshd
'rhl;'c;;il;i
;il'hi;'il;;;;;'i;';in;;:'i;;il;;'ir''"i'a'i,iiii"ii;;';;;il;;;;;';f
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)
'- "S.O.'s Representatives" meansany person or personsdeputedor authorisedfrum
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 Govern-
ment 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" (b) The terms "approved"and "directed"whereverused in this Contractmeansapprovedor
rnd
"dleted.",
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 (c) Words importing the silgular only also inciude the plural and vice vena where the context
plurrl tcrmr.
requrres.
Meqlnrl (d) The marginal headingsor notesin theseConditions of Contract shall not be deemedto
bcr dinSt
ot BOtg.
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
-examine or goods
bvver o,
.J u"t"urij'il
v 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
furnish to the contractora.copy of.atl'sucl-wnite" a.i.s",ior ;"g;t"
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.,sRepresen-
tativehe shall be entitledto reter the matter to the sb., wiro strait-in.;;;p;;
reverseor vary such decision. confirm,

3. S.O.'s Right to Take Action

(a) Notwithstaudingany pro'visionin this contract, it is hereby
agreedtlat: O6cer
(i) the right to take action and/or initiate proceedingson behalf cmpowcrcd
of the Governmentin to act on
respectof any matter.whicharisesout-of rhe privisionsricr"rt* 70,'
bchalf of

or 54' where approp.Tate,is expressly r.ser""l. to the t t"uuoi offir.-,] cz.5l. 52 and Goreromcst
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
Covern-
ment 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
Treasury'sInstructions,he shail obtain tir. said
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 ani descrifedbi;; r.f.;Jlo i" the Bills of euantjrie, CoqlBct
or Specificationand in the.Articiesof Agreemeutind theseConditit"r-ir i"*pu;il; "nal
therewith,
:tllt-Ti1.ti3l1, soods and worl:manship-of the quality and standardstherein specified.The
Lonractor shall also make good.any defect,.imperfecdon,shrilkage or any othei fault what-
soever which may aPpearduring the DefectsLiabiiity Periot in aicotaunce with Clause45 hereof.

5. S.O.'s Inskuctions
(") jl:.,S.O'
Tiy in his abs,rlute-discretionand from time to time issuefurther drawings,----"--
Dc'qition
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.
Compliance
wirh S.O.'t
(D)fhe Contractorshail (srlbjectto sub-ciause (c) hereoflforthwith complywith all instructions
instructiont. 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 Covern-
ment 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 Covern-
ment 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
.S.O.'r (c) All instructionsissued.bythe S.O.shallbe issuedin writing. Any instructionissuedorally
instructionr
to bc in shall be of no immediateeffect,but shall be confirmedii' wriiing by rhe Contractorto
wriling.
the S.O.within seven(7) daysafter receiptof the oral instructioi aioresaid.and if not
dissented from in writingby the S.O.to the Contractorwithin seven(7.)daysfrom receipt
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.
Claim for (d) If in compiiancewith the S.O.'sinstructionas aforesaidiuvolvesexpenseor loss beyond
compliaoce
wirh S.O.'r that ,reasonablycontempiatedby the Contractorfor which the Coniractorwould ndt be
instructioos. reimbursedby a. paymentmade under any other provision
-this in this Contract,then unless
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.

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. Contrsct Ilocunents
Currody ot (a) The Contract Documents as aforesaid shall remain in the custodv of the S.O. and sball
Conr18ct ue yrvuseeu
Documcntr.
ho n-n.1"^-.1
as
-.
and
^-l
when required
t',L-- -^^,,i-^l L,,.L^
by the /Contractor.
r^-+-^^.^-

Copic: ol (D)Immediately after the executionof this Contract the S.O. shall lurnish without charge to
Contract
Documcntr. 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.
Copie: ol . (c) The S.O shail, as and when Decessary and without charge to the Contractor,furnish
PorkinB
orEwng3, 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.
Documcnu (d) The Contlqctor shall keep one copy of the Contract Drawings, the Specification(if any),
os Siro,
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.
Rcrum of (e)Upon final p,aymenton the Final Certificateunder Clause 48 hereof the Contractorshall
oocum6u.
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.
RBtrlctloD (f) None of the documentshereinbeforemeationed shall be used by the Costractor for any
la so.
purpose otber than this Contract
 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 Royalties-
Patent The Contractor shali save harmless aDd indemaify the Government from and against ail claims
nghts ano
rcyaltics, 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 informa-
tion 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 sub-
soil, 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 necessaryinforma-
tion as to risks conthlgenciesand all circrrmstanceinfluencing and aftecting his tender. Any informa-
tion 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 (a) The Contracttorshall employ in the execution of this Contract oniy Malaysian citizens as
cirizcB.
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.
Ratio ol (b) The ratio of Malaysian citizens who shall be employed by the Contractor in the execution
worLsa.
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.
Paniculaa (c) The Contractor shall on the commencement of the Works furnish to the Department of
of labour. 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'
Soum ol (d) All workmen empioyed in connection with the Works shall be ernployed from within the
labow.
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.
On-Sito (e) The Contractor shall, whenever required by the Goverument, employ on the Works trainees
Training
Programme 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.
Compliasc
by.!rt'-
-- The Contractor shall cause his sub-contractors (including ."iabour-o!iy" sub-contractors)
0)
@D6C!OE 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 Complia ncc
and shall cause'hissub-contracto,"fln.Juo-g "labour only"
sub-contractors)and NorrLinatedSub- Emplotmcnl

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
C r r r rn r r n r c
1 9 5 5E t c .

1?Ul"-::1::f,rh,.:law
vr re v1r4e!r"v'r c'greof. Provided that the Contractor shail not be entitled io uny claim for
additionai costs and payments whatsoeverin r.sp;;;i hi;;;;;""..?ir["iirir"doiririoo.

18. Days and Hours of Working;

No work shall be done on:
Days and
hoursof
(i) the weekly day of rest; working.

(ii) any public hoiiday which is recognisedin the

district where this Contract is being carricd
out; or
(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

--I3l::t^"o*".Tjse lrovided elseq'herein this Cootract, the Conrractor shall keep corrstantly on Forcman and
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.'
-the-.purpose Suctr for,:man shall
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. Wages Books and Time Sheer

The Contractor shall keep_and shall cause his sub-contractors (including "labour only." sub-
wascs
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 tne-
b 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
lot F.. 4e S.O. na"iog-*tirn.a nimseff witir tfie lroof rhereof'
him may, upon the failure of the contracr;; to
lyry:l"d ,tq ;;.; the saiJ ron.y, ,'ut., poy*.ot
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
lE Uy the Contractormisconductshimself or has causedAri"ys
:l_.^*!loY{,when or-ii inc,ompetent,
'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 The S.O. and iS.O.'sRepresentative shall at all reasonable times have access to the Works
S.O. to tbc
Works crc. 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 sub-
contractor 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. Variations
Powcr to (a) The S.O. may at his absolute discretion issue instructions requiring a variation and he
order aDd
subsequcnt may confi.rm in writing pursuant to Clause 5 (c) hereof any oral instrucrion requiring a
conf matioa. variation to the Works. No variation required by the S.O. or subsequently conirmed by
him shail viriate this Contracl
De6sition (D) The terrn "variation" means the alteration or modification of the design, quaiity or
of vanalroq. 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 altera-
tion 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

Valuation (a) Ail varialions authorised or subsequently confirmed by the S.O. in writing in accordance
ol variatior&
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.
Quantities (D) Uniess wh.erethe quantities of the Works or any part thereof are stated as "provisional"
which arc
cooclusivo,. 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.
Pmvisiona, (c) Where the quantities of the Works or any part thereof are stated as " provisional" in the
qurnti tica.
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 remeasure-
ment and valuation oi the Works including any variation eruthorised or subsequently
^^-6*-A
wvrrurr^reu -y the S.O. in writing under Clause 24 hereof, as they are actually executed.
L,,

The vaiuation of such remeasured works including any variation shall be in accordance
with rules (i) and (ii) of sub-clause (b) above.
Da]ryorks. (d) Where work cannot properly be measured or valued the Contractor shall be allowed day-
work 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.
Mea.3ur"BGa.L (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
-lhe then-the measurement made by the S.O. or approved by him shall be
iend such agent
taken to tre correct measurement of the work. The Contracfoi shall b6 suppiied with
a copy of the measuredbill in respect of the said part or parts of the Works.
Ad jusrmat
to cosrrs€t
- The amourntto be allowed in respect of variations, as ascertainedunder the provisions of
(f)
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
hereof'thequaiity -part of this contract. subject to clauses g (c) ana 15 8",i,or
oi th. *o*,
".4 A;;;ry tt' sittr-"it"o*"u,ii'
be'thatle-t-;;;'i" Io"'t.'.*..uted under,-hii--con,ru.r
shar, Fi;:..,
B'""{;:I'!"H. *hi; ,i,iii ui'lir! basrs
or r.re
(6) The Bills of Quantities,unless
otherwtj.-:I!-..rr,ly sraredin respectof any specified
or items'shailbe deemedto-ttuu. be-en preparea-in irem s,.,a""a
standard Method or Mi"tu....1t""j-t","^*ilw;;ff u."o.au";";i;.t!."'iLn"ir.,t".,'.,,p
as pubrished by the
Merhodor
16" il:ffL3t,
Surveyors(lr4aiaysia) to, ui"-ln j.vr.araysra. H:tl;ii|t"""?
(c) where quantities-are statedas "prov,isional".
ot r'rtework but they 'arenot to b'e.taken such quantitiesare the estimatedquantitiesprovisional
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
(4ot:;:oJ,e..jTf bcEsrina-

srgnlngof 18'?riiffift'l'1p".t
$:'*:il t.,,',"f#',,ji1olJ"*"":;,;;fii";JlJ
this Contractbe adjustedur tnr-s.ci.'-uy
f,ill"*,
rl oelorethe SioG.
r.orooubiy require.
(ii) Any adjustment of the.pricesu.o-d/o,rates
paragraph(t) above and anv arithmatical in the Bills.of euantitiesrequiredunder
..ror oi omissioni":G.'nirrr"of euantities
shallbeforethe-signingof thls cont*.i-!. *...lln.o and adiustedthar when
caiculated,
thetotil airounti" G i;;;d correnirw
;iif;-Bil'ilqr-6".#,i;,.;r'Jti:|,:?T.'r'.1i1
the sameamo-untrnsthe tenderamount in'the
shownin the Form of rendei tirurr ..-"io'fi;ft F".tt "t render. The tender amouut.
the differeucebet$/eentha totai adjustiJ ;;;;fu but the oett aggregare amountof
Quanritiesand the tender *qyti, ihown the summaff ,j'i ti,. Bils of
-*r."I"ftln th.- Form of rendei, whether a
deductionor nett ^ddition' ihuil u" nett
amounrshownjn the Summaryof tire gilis-oi ;; a percentageof the total adjusted
tliroughoutthe Bijrs of euaniities 6uuot ri.s and ali pricesand/or rares
6; ;;b;;
.$art _to sugh p.r.enrage discountsor
premiumsas the casemay be. provided-atway;;i;;ptriri*ui-ffi'pfr';.
sictr.cat.ui;;;;;;;';mii'oo, Cost Sums
;i,^.|ff f i',:11"[:rn u" ilj#j" ;il percentase
27. Sub-Letting and Assignment
(a) Except'where otherwise p-rovided
whole or anv part, of the
'worla .b.y this contract the contractor shall not sub-let the coc"nrnr
;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
given' shail not relieve the contric"t?rI"n,,";; ih.-contractor, and su,:h consent, if
riluility
and he shall be responsible.for the due observance or obligation under this conrract
terms, stipulations and conditioor un-a*- tli;^ by such sub_contractorsof all the
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
to be a subJetting under tlis conoruon- 'wura basis
uasrs snatl
shal not
D{)t be deemed
(D) It shatt be a condition in any sub-letting
which may occur. that the employment.of the
sub-contractorunder the sub-6ontr".i rnir_i.i..-ii.'iriir.at"l.i;
-co-n;;;;"n;;. Detcmirari.o
of ttre Contractor'semplolment una.r itir ,r;"";ffi"dit.rroiouton 9l_,r!:.
Falracr.
by the contractor anl/6r sub-contractor againJ crarm whasoever s;hall be made
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 orsub-
available 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
therein or thereunder,othenfrsethen by ;way of aisilnment in favour As*nmeor
bankersor any financiaiinstitutiono. b;rp6r;;;";ffi; of the contractor,sorboc6tr.
under this contract, without the prior wntten consetrt monies due or to becomedue
of the Govemmenl
28- Nominaterl sub-confractors and/or Nomiuatedsuppriers
(a) Atl speciaiis8,merchants,tradesmenand others
executing any_work or seryices,o!
suppiyingany materialsor goodsfor which prim.-cosi sums (or ,
p.C. Sums)are rncruoeo Dc'nitioa.
in the Bills of Quantitiesdr for *tti.tt ttti so.-rr"r gii.n.
f!e tue
*.itt.n ilril;i;;; in regard
n ha
tr'\Psuuirure
--^.-'l
of Pr,cvisional-ruppii.t,
Sums,.who may beithnut4
declaredio be.-sub-co"ti""ioiiot by the S.O. are hereby
;,npl'"y;; li ti,. contracror anrr are hereia
referred to as "|'Ieqlsated sub-contradtiit';-or-;'froi:iuto
supplierE,,,as the <aseoay bc.
11
Nomin3tirou (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.
Obicclion to (c) The S.O. shail not nominate as a sub-contractor or a supplier in connection c/ith the
noninatiog.
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
PowcE (d) If pursuant to sub-clause (c) above, the Contractor is not required to gnter into a sub-
fol.lowiqg
objccdoa.
contract 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.
PaymcDt trt (e) Interim Certificates of the S.O. i:r favour of the Contractor uncler Clause 47 hereof shall
Nomiratcd
Sub-con-
state separately the amounts in each certificate due to each individual Nominated Sub-
lraclor or coatractor or Nominated Supplier as the vaiue of their work or seryices,materials or goods
Nominarcd
Supplicr. 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.
Payment (/) 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 Sub-
contractor ,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.
No priYity
13)Neither the existelce nor the foregoing powers nor anything else contained in this Contract
of Conrract
DC!WeO
shall create a privity of contract between the Government a.nd any Nomiuated Sub-
Goremmen( contractor or Nomiuated Supplier or render the Government liable to any of them-
sd Nomisa-
ted Sub-
contBctor
rno/or
Nominated
Supplicr.
29. Responsibilities of Contractor for Nominated Sub-conbactors aad,/ss Nominsted Suppliers
Reposibi- (a) In and for the purpose of this Contract, the Contractor shall be fully responsibie to ensure
lirics for
Noninatcd
that the Nominated Sub-contractor and/or Nominated Supplier shall conforrn with the
Sub<oD- terms and conditions of this Contract and shall be fully responsible for the acts, defaults
tractoB
rod / or or breach of any terms and/or conditions of this Contract by the Nominated Sub-
Nomiratcd
Supplics-
contractors 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
contractoror Nominated Supplier,or the dererminationtt;; Sub- rcmiratjoo
C;#i"r;i rhe pmnrn,,- orsub-
con'(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#
for materials.or goods to be obtainedfrorn a Ji ni.ryfm:
supplier. The sums due to the
contractor in rEspect:of such- Nominated sru-."",b.t"ri-
aforesaidshall be deterrnineduv a.a".u"ga";;r;;;'pa.-s"il or Nominatid Suppliers
and/or attendancechargesfrom the Coito.t-S'uol-"oa profit
"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
Bills of Quantidls.such sums'h"Tib; p;e;;i.;;;;& in rhe
(,
d gvvvrucuue
lg wllicuuse 28 (e,,
wtur urdustr zo 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.rSuru.
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
-
deducted from the Coutract Sum as O, cus"-rnuv b.. to or
(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 g"L:;#;i.t."
witir sub-ctiui"Gl n..io}. 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
such works the contrar:tor shail ue tte c"";;.i;; ?Ji *;'*',ll"t''
.p6rmittea t" ten#; for the-iim;.-;"y ;i?;; ;.;il;;.--
' 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,
held to includethe "oy^*ott such tendershall be
prbfit and attendan;.ilg;'";j?; Contracrorshall not be entitled
to the profit and attendancechargesas containZdi" tl. siur of
any provision to the contrary uider sub-cluuri (o) h;;i. euantitia notwitnstanaing

31. AfiidB and Tlsdesmen

The Contractor shall permit the-execution- w-ork-Co*;;.*C
not forming part of this contract by artists ArtisB
or Eadesmenor otlers who may be engaged9f Uv tn,
ud

32. Iudemnitiesto Govenrmentin Respectof PersonalInjuries and Damageto property

(a) The Contractor shall be liable for
damage,.exPense,liabiiity,. loss, claim.and shall indgmlify'rh"ito;=u;i^i-ir.fr.r="rising
the Goverament again5f ErD,'rnjuryto
or proceedingr
commonlaw or by statutdin respectof pe.so'na1 at p.Boa.
ini"ry1" or a."tl or whom-
soeverarisingout 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 Dsmsscro
damage,exPense,Iiabiliti', loss, ciaim or procee.ding_sdrle 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
reasonof the executionof the Woiks, and priviaed-."ririi oui? ;;';*rh; JJ;i; of or by
aiwiys that the-tu1niii-aue ro a'y
legligence,.omission, breachof Contractor difault o1 *y].oou 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 1^\ Tlro inr{emni
dereated
\e, ^ ..v
of Oovcm-

s.o. ". i:'iF::'trot."*0"'"t?f;"1."r1,'ra#oJtxH:,',,9

S'o' or the S'o.'s representatives
in
'iaiiifrf"ro il'J:)l:'"'.":;t"jl ""?',n
;rfi*i;; or control rle contractof,s site
operationso.r.::h.*r^_9L_y1trng or tempdrarywbrks, or ro deri:ct prevent
defectivework' or to ensurepropErp".roti,unc6 ot a"y ;il; or or remedy
under this Contract. contracror
"b-i;;i;;r';;'th,

33. InsuranceAgainstPersonalInjuries and Damageto hoperfy

Takiog of (a) Without preiudiceto his Iiabiiity to indemnify the Government
65UTUCC. under Clause 32 hereof,
thiscontracleffecr 'ffr',o,fri:""::ff3:,
the Contraclor shall as a condiiion nrecedenr- rn rhe nnr
una*iioiui,, "jr:il..H-#""ffj
"-'"1"T:if::"'r""
or otherwise,to effectand maintain such insurances'whether*itir- ot *itiro"t au excess
ciause^as specifiedin the Appendix hereto as are necessaryto cover tfre IiaUility
or.of any such-sub-contractoras 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
Y:l\r
ln rq il
tne execuuon t;;;""i:
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
gtLe-rwjse,,Where an excessclauseis specifiedin &; eppenJii'tnr'-Coiiractor shatt
::
bearthe amountof such excess.
Production of (D)Suchinsuranceas referredto under sub-clause(a) hereofshallbe eftected
policics. and mrintained
of the Governmentand Contra.tor uoa-*tr,=ir any sub-
i:-*^X"l.,rames
cuurrdclur'wnethernominateid or otherwisefor the whole constru,rtion "plri."ure
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
plvuuee
nrndrrnc tu.u
hp
"rei€V?rlt
, pollcy gr policies of the insurancetogetherwith receiptsin respect
of premiumspaid to the S.O.,*hether demandedor nol
Default ia (c) Should the Contractor.or any sub-coutractor,whetler nominatedor otherwise,
rcocwing makes
usur@cg. defaultin ren.ew.ing-suchinsurlnceas 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 (a) The Contractorshall be Iiable for an,l slall indemnify and keep indernnified
Govemes!. the Govern-
ment and its offi.cers or servatrtsfrom a-illiabilities arisingout oi c,laimsby any aud every
y:*Iil,employed in .andfor the performanceof this dootru.i io; p;fi.;t'of .o*p.o-
sanon 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)
Taking of
EtuEn*.
above,the Contractorshall at his own cost and expenseand as a condition
to the cornmencemert freceOeni
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
Ql Policiesof insurance"o*to.o..ro.ot
in th-loint nanes of th" Government,
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.
EDqOSCmCnB (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 as referref,
-Uri"grng
to in E:ndorsemeni "B" hereon or.aDJ depeidalt of suin *"it-"r, 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
injury o:: death or diseasesustainedwhilst.o.f
at ivork oo airy Contract;;";.i by the
terms and conditions of the within policy_ which the ios"rea -t
-Compauy b; i""yiog
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
and control of all proceedings 'with .n,iri.d to have the sote conduct
.connecied .tii*,
Nothing in this.,tilo.t.'n.nt"rrruil'1.'"irrri.,j.i""r,3ff.ecdngcoveredby this endorsement.
recover damagesin any other way under the Insured,s right to
the iiio urdrnance,,.
Endorsement "B'"-"It is h.erebyunderstood
granted is to cover the legai tiauiiity and.agreed that the indemnity herein
of ine jrt"r?a 6 *;.dili-n^'tr.,-.^.*proyment
of conrra_cro1
qlronnin-fyqr$ f;; rh; l,i,;.^."jirirrj"
occupatlo!.in respect of which the-within ."_r"ilj'io",i'J"uuriness
and
regards
ciaimsunder fol.y^tr.granted but only so far as
rheworkmen'sc;;;;"r;;id oiaftun..-rnf;;;i Malaysia,,.
(c) The said oolicy.orpolicies
so taken^outshall bj depositedwith the s.o.
shall maintain'it oi th;; i" r;i";;.t.: and thr3contractor producrio!
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
period and ttin^such-manner
"T:l "" ttrat the a;;i;";;;;';;; whole construcrion
during the DefectsLiabiiity F.-;oa f";;;..;';i.,i'o"..lrion.a h? Governmentare elisocovered
course of any operationsiarried out.b.y by the contmcror in tie
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
to the S.o. the receiprsin respeci-oi;;;i;'p;d,'*i,".,n.. produce
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
avairabreto the Government "" urlacn or any term
toi- .prquar.. ;-u;i ,._.a, iosuiae.
of this Contract:
(i) withhold an amount from any rr-loney
which
Contractorunder ttris contract an-dwtch i"-ln. would otherwise -oi be 'wl1
ctue to the
any claim for compensation opinion il-. slo. satisty
bv *ort*.n- ttrit'*o"ri rr'""r!.."^u";."b;
had the crrntractornot made defauliln Laintaining insurance
::f/Klt "; insurance,
a policy of
(ii) pay suchpremiumsas havebecome
due and remainunpaidand deductthe amount
of such premiumfr'm any ' moniesd;;1"
this Contract ;;;;" dui to rhe conrracror under

(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;;;
(a) of this Cond'ition. oy tne
trreuontractor
conrractoir"i.ii"u-crause
under, :jd.,?.""*-
*r"ll,B,r.
35. Employee'sSocial SecurityAct, 1969
(a) The contractor.wiil n-otbe required-to.take
Poiicvunderclause34 (b)rr.rt*i-ir out any workmen's compensationrnsuranceRegistn-
coverage
trt"-;o;i;;^?-il,"r*
;-*;\4|,;-ff'u-.j riabrefor ,u6".sl
undtl,P:-lTql-o1..t socialSecuri;fert,^'i!bd.
-sociar
his emproyees 'the ln sucha casethe (lontragor
:l1i^t._qr:rr and contributerinder Securiry(socso) scheme
ln tlre placeswherethescheme is implem.nilJ-unJ'io"-pry
said Ait. The contractoirL"ii-tui;ii trri,.bJj. with the provisi'nsof the
of all the workers on site to tir"-S.o. Nil#1. d,.ru
and Joctal
SociatJecunry
securityNumbers
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 cont.*udoo
of his contracr and rosocso.
it shall be tle duty of tire dontricior to.produce
to
vouchers as evidence of payment oi-rull'"ool;tb;;";, the s.o. contrjbution cards nr crrmntto-n
Jtrri,., demanded o, oJrf
(c) If any default is.mldq by the contractor
in.complying with the terms of this ciause, the D"r.u.rtin
Government or the S'o' on ia uJir may withoui
pre.i-uoicetoLUdrlv
any uurcr
otler remeoy
remedy avaiiable
to Government for breach rrf any termi'ot ,hi; ::["Jif,
b;;il#i!e Acr
(i) withhold an-amountfrom any money
which would otherwise be due to the Clontractor
underthis.conrracr
arrdwhithio ti. oli"i";;i d;'t.o. wil satisf].any
compensation
bv worlmenthat woutdliavo;;;;;;tv's-b"csoH;;t"ll craimsfor
-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
to modifv the right of thecioverq-;;t ttb; ira.-lin.iiy Noa-waiva
34 (a)in-respect"of ,nq c;;u;ioiuili,, cruus"
of the contiactor's "ii;;p;;;;11", "ortt,.oo
otit.i;;i!+r *natso.u.iwr,i;-i;y reasonS"f,e,,.--
rishrsro
defauli oi oG"iitt. become payable by the Govemment uader
said Legislation or other iaw. the tnoc@!y.

I5
 36. Insurance of Works
Riskl to
bo isurcd
(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-
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, notwith-
standing 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.
Prcductioo (b) The said irrsurance with or without an excess clause as specified in the Appendix hereto
of policiq.
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
?Pche.t nf thp
ciause
is spetified
in theAppendix
the
conrracro*h^f'fgl"iil"tfi';rHTi"#i :l:'.::.
Dcfault ia (c) I-n case of faiiure by the Contractor to renew such insurance as are Decessaryunder this
rcncwug
BUTUCC. 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.
AppIqtioa (d) Upon the occurrcnce.of any )oss or damagc to the Works or unfixed materials or goods
o! insuraa6
EOUCS. 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 ConJi-
tions 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
(o)
Condition
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 (b) The Performance Bond shall be held or shall remain valid and effective for such pcriod
Pcr{ormaoF
Bood, 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 pay-
ments out of or deductions from the said Performance Bond or anv Dart thereof in
accordance with the terms of this Contract.
Rclease of (d) The Performance Bond (or any balance tirereof remaining for the credit of the Contractor)
Pcrfomucc
Bood. 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.

3 8 Possessionof Site
Coaditionr (a) No work on this Contract shall be commenced unless and until the Performance Bond
preceosnt to
commcDcgmenl 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
of Workr 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 sub-
clause (a) hereof) and resulirlv and dilige.ttv pi"l..i'*itn-una-.ot;l;'ih.
or before the Date for Cdmpleiion as staied i'n 'the works on
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*inl-
it 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
revised under Clause 4:l (d.hereof, lurttre
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 emproymentundei this"coritr'act.
(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
it carries out any investigation in relation .or any person or body appointed or authorised bt rnvcsrigarioa
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
render all such necessaryassistance.andfacilitier .r *"y U. i.qui..J fff;,..,..":;
Uy tfrJ'bo".rnment, cvcn!.
its employee or such person or body. including tf,.
!l"'ing of access to -" all ,t
rspecificatious,
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.
uvlrrPrtrttrtttc wholc of the Works on or before the "Date for Completjon"
n n n n l p t o + l " o
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 provi-
stons of this Contract and to the satisfactiori of the S.O., the date ccrrincat.
i,i.ti- comoleiion orpracricrl
comprctior
$a.ll be JgrJi!.ed !v him and such date shall be the dare of the commen.,-r;;;';i';* "i
ljerects Liability. a-s provided 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 rorNon-
that in his opinion the same ouqht reasonably so io rr""i-!.* comprction'
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 -issued and th.eS.Q..niay deductsu"ch damagesfrom any monies au. to if,,t Contra*-tor.
The certificate undsr this iondition shall be "refened
to as the "Certificilte of Nrrn-
cdmpletion".
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;; Li"bility (but
not insuranc6 of the W-orksunder Clause-i6-,P.rfor-ance BonJ under
Clause 37'artd final pay-
ment 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,
GovernSnentwith tie consent of the Conlractor shall take possessionoI -""d the
;;";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 (a) within seven (7) days from the date on which the Government
of Parrial shall have taken possession
OccupaLioa. 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
Usbility. 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.
Ccrtifieato (c) at the end of the Defects T,iabiliry Period of the relevant part and if in the-in
of making opinion of the
good dcfccls. 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
Insuranco ol (d) notwithstanding. the partial occupation by the Government of the
t-bo Workr. 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.
Rcduction ol (e) tl9 Liquidated and Ascertained Damages specified under Clause 40 for any periocl
Liquidatcd of
rud delay after such certification of the practicai completion of the r.tevani-pail'under sub-
Ascertained
Duaget. clause (a) hereof, shall be reduced in- the proporridn which the trrtal value'of the relevant
part bear to the Contract Sum.
Pcrfomuco (t it is expressly
Bond not ?greed that nothing containedin the precedingparagraphsshall entitle the
!-ffectcd. 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 it becoming reasonably.apparentthat the progress of the Works is deiayed, the Contractor
Ertensioo ^.-U-pgn
snaulorthwtth,gtve
of TiEo. 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 sub-
contractor nomrnated or otherwise.or
(J) by reason of the Contractor not having received in due time necessaryi-nstructions,draw-
ings. 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 un-
reasonably 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
any of the tradesemployed.uponthe .combinationof workmen,strike, or lockout aftecting
w;;k;,;;"ia!0,r,. same are nor due to any
unreasonable act, negiectbr defiuit of the coniru'.tot'oi or*/;'t-";;r;or,
or otherwise,or nominrred
(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 noTreason-
ably have forseenat the dite of closing6t t.no.r-oi"iti,
and/or materjarsas are essenrialto tt."pioplr-;;rfi;'""r cont*"i-to-r.."r, such goods
of ths works, or
(k) by delay qtr thg part of
.NominatedSub-contractors
works, and such deiay shal
and/or Nominated Suppliersof their
be causedby th; s;;;;;;;';d.Aig*";1#t#j'* ,t"t"a
above in sub-clauses-(a)-ro 0) inciusive-ip-"ij.a tfr^t-ti. rurr" arE
-ureaih
negiigence,defauit oi not du.eto ",any act,
-Sru--.ontr".tor
of contrict by the Nominated and/or
Nominated supplier and/or th" co;G;tJ;, ;; oi'trt" servantsv^
Nominared Sub-contractoror Nomi;Ga-ilppit;', fi rh; c;J;;,;i; or eE;wr
asents of such
then the S.o. shall so soon as he is able to estimatethe
timeaforesaid length of the deray beyond the date or
makein writinsu riiii.uron"bF;;;l;;-;FH; illi ,1" works,
providedalwavsthat the Contiactorshaliuse consrantly.hir ",lriir.tlii'"ii
shail do ail that mav u.iiendeavourf to preventdelay and
.reasonaurlti ilquta to trr" iitirtuctilo of the s.o. to-proceedwith ttre
works. The cerrificatl issuedty ii,. s.o-.=*aer rhis c"iliri;;;hau
of Delay and Extension of Time',. be referredto ai tb.e..certifcate

44. Loss and ExpenseCaused by Delays

If the reeularDrosressof the Works or any thereofhas beenmate4ally affectedby reason Loss
as statedunder^claise a3 G),-Cfl.oi f;l'tr..io.f^part
(aoJil;th6,-?nd ud
direct loss and/or exDenserbi wtilcir ti" *oura the c;;ir*t;;-l; incurred
i.i-u"itla uy a payment :IffJji"
"lJl. shall withiu-one(l) month ofmade unoer &D1,dcrays-
other provisionin thii Contract,then the Contractor
of such event of circumstance the occurrence
give notice in writing t" tnl s.lj. his jntention to claim for such
ivithanestimate of6e amou;;;;ilil;';-;;Jft;.;iinse,
"f 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
any defect,imperi'ection..shrinkage *1","4
or any.othertauitiuhutro.u., "o*pi5tio"-of;;'iv;;ilri
*ni.u ii?iJt'
which are due to material-sor goJds o.rworkmanshipnot-in accordance *uy' appeai-anf;
shall be notified uy.the s.o.-il a writtenlnsi;;;;'i;'the with this contrdct,
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 whatsoever- at 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.
9y..theContrac-tor, shall be-specifiedby th; Sb.in-;tre Scireauteof Defectswhich he soo.,
ih9-b;f;;li"uilitv'p.ri"?i3-ui,^-uo"
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
specifierdin 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*.; 3iif;y'
as &e S'O. may.think fit, in which casethe coststherebyincurred sliall be a"Ju.tJ t-. c'iii"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 i,o$*"'.l
iu'5.o.-'
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
 (e) When in the opinion of
te S.O. the Coukactor has made goocl the defects, imperfections,
Ccni6qre
of Complc
rion of shrirkages or ary other fault whatsoever which he is reqriired t" *A;-;;"d under sub-
Ma-k.iag
Good
clauses (a) of (b), 9r both, the S.O. shalt issue a certificate to that effeEt, and the date
Def ets. 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. . -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
"nder the.provisions of the._Contacl prior to the iszue certificati,
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,

Val uaLioq (a) When the Contractor has executed work, including delivery to or adjacent to tle Worts
of work
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.
lssuc of (b) Within fourteen (14).daysfrom the date of any such valuation being made and subject to the
lo rerim
Ccrti6catc 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.
Sumr !o be (c) The amount stated as due in an Interim Certificate shall, subject to a:ry agreement befween
certi6ed
in lntcrim ttre parlies as to palment by stages, be the estimated total v:rlue oi tf,e work properly
Certi6cate. 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.
Paymcnt.ol (d) Within a number of days as stated in the Appendix to these Conditions (or if none so
Intcrim
Ccrti6cato. 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

Submission (a) So soon as is practicabie but not later than three (3) months after practical completion of the
of claim
docunrcats. 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 explaua-
tion and caicu.lations inciuding documents relating to the acc,Junts of Nominated Sub-
contractors 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.
Fioal (D) Within three (3) months after the expiry of the Defects Liability Period for the whole of the
Certi6catc.
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.
Sums to bc (c) The Final Certificate shall be supported by documents showiag the S.O.'s final valuation
in lhe Final of Works in accordance with tbe terms of this Contract and after sening out or allowing
CcrLi6€rc, 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
^thl Contractorunder rhe Finai Certificateshall D,ecrantio
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
includineworkmenemployedly iru-.""t*i1"t;,;'hJ;;r on the work.s.
uominatedor olierwise (includ-
ing."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
the Emplovle's Sociii s."t rit a"t, tni oraio"o"",
other Iaws reievant t" tli .-iroy*iot F6i;F";;"pr-ovident euna'oioinance ana any
of *oii.nin, r""" been paid.
49. Eftect of S.O.,sCertifcates
No certificateof the S.O' under any provisionof this Contract
evidenceas to the sufficiency shall be considerecias conclusive EFcc! or
-"J.""y i,ork, materialsor goods to which it reiates,#;;ff; **il,",
reiievethe Contractor ti"uiti'ty io-J*rna-"od good ail defects,imperfections,
{1om,n11 shrink-
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
if the dispute is brought wnetnJ 6.fd; and the Contractor
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
and the Contractorare partiesthereto.The s.o. in isJuingany-certificate which the Government )9--^
-,.-
coatnctor'
under cru"tJ+?,"in"ii
have.regard !9 any zuch sum so charg-eaul; provided always that this
provision shall A"i"r;-ilJ"cl?ru.tor,
nof aftect any other ref;redyto which the Governmentmay be entitled for tbe
recovery gf gusfugrmg.
51. Iletermingtion of Conhactor's Emptoyment
(a)
fithou! prejudiceto any other rights or remedieswhich the Governmentmav Dossess.Dcraurt or
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
(i) commits an act of bankruptcy, or isolv@cy,

(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 Govern-
ment 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 deterrnTnation: i-.**'i"-.-
(i) the Government shall be entitled to repossessthe
Site and the C6ntractor stratt 9:"-.,f.:'-:l'
e.provmcaL
P_..111.1y
cease.all operationqon the 'ivorks, t.-ou"- his personner *ort-.-
tneretromand yield up -and
possession ""J
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 sub-
contractor, 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.
' ' the Contractor shall as and when required remove from the Site any. terrporary
(iv)
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 para-
graph (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
be a debt " pavable bv the Contractor to the Goveramenl This certificate shall be
binding and ionclusite on the Contractor as to the aslount of such loss and/or
da-age sPecified therein.
departmentally,
' ' in the event of the compi-etion of the Works being urrdertaken.
(vi)
aliowance shall be made, when ascertaiuing the amount to be cerlified as costs or
incurrea by the dovernment, for coJt of supervision,interest and depreciatioq
piant and all other usual overhead charges arid profit as would be incurred if
"ip."ri
on -Works
the were compieted by a contractor or other persons.

57. Eftect of Wsr or Earthquake

e[Et ol If durin! the performance of this Contract a state of war in which the Government is involved
Ftr or
adbqu*a. o. *ir"itnquuke, a;i.s o. .*its which has rendered the fulfilment of the Contract imposs.iblc
termination of this Contract shall be
ti.;;"t afition respecting 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 The amount PaYablebY the Go-vgrn
of pri,€.
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
easedor decreased in accordancewith the
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 Rcfcrcace

*tiog the. progress or after completion of the Works, or after the determination of the
to S.O. for
a decisioc
Lonuactor's employment, or breach of this Contract, as to:
(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 S.O.'s
binding oP th9 parties until the compJetion of tft" Worts and shall forthwiih be given d4isioo
bc bindiog
to

to by the Contractor who shail. procced with the Works with alt due diiiience un arl
9{e91 eomplctioa
whefher or not notice of dissatisfaction ij given by him. of Works.

(c) If the S.O. fails to_give a decision for a perioci of forty-five (45) days after being requested RcfcEoce to
lrbitnrioq.
!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. expira-
ti.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 Refcrence
commenced until after the completion or alleged-completion of the Works or determination to arbiara-
tion shall
or alleg-eddeterminatiou of the Contractor's Employnient under this Contract, or abandon- not be
commenccd
ment of the Worls, unless with the writteu consLnt-of the Government and the Contractor. unti.l aftcr
complction
of Works.

(e) The Arbitrator shall have power to review and revise any certificate. opinion. decision, Poscr of thc
requisition_or-rloticeand to determine all matters in dispuie which shall'be submitted to Arbitntor.

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 Discrctioo
shall be in the discretion of the Arbitrator who may determine the arnount thereof, or of Arbitn-
tor in
direct the amount to be taxed as between solicitor ind client or as bet,weenpartv and rcspect of
costs ald
parry, aad shall direct by whom and to whom and in what manner the same'be borne award.
and paid.

(g) The award of the Arbitrator shall be fi.nal and binding on the parties. Award of
AlbitBtor
is fiqal-
(ft) I-n tle event of the death of the Arbitrator or his unwillingness or inability to act. then Appornter ol
ArbirBtor.
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.

(l) In this Condition, "reference" shall be deemed to be reference to arbitration within the A,bitotiou
meaning of the Arbitration Act 1952 @eviseC-1972). Act re52'

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 of Tax on ContractPayment 'Witholding
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 I:ncomeTax Payable

respectof their salariesand other emolumentsas are chargeabletherewith by Employees
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.

5 9 . Registrationof Engineers,Architectsand Surveyors

The Contractorshall complywith the Registrationof EngineersAct 1967, Flegistrationof

the Registrationof Architects Act 1967 and the Registration of Surveyors Eingineers,
Act 1967 in respectof all personsemployed by him and by any sub- lrrchitects and
contractors. Surveyors

KPKPG/1764nvIC 1 /'l
 60. ConstructionProsramme

'Prior
a) to commencementof the works the contractor shail submit to Construction
the SuperintendingOffrcerfor his approvala programmeshowingthe Programme
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
 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
Clauses40. 43 a:rd 51 Bertam P.r.epe
r !.i.".
.q..99"Bhd
Clauses 52 and 54 Group Chief Executive Office
3 (a) (ii) Officer empoweredto approvevariationsaccordinsto Bertam Properties Sdn Bhd
the limits as ser out in XttxBnftT)fienxffidf,dof)O{ilfo0K
rx>olednd,the Financial procedures of the Fnployer

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 All (pr'rvif,ed haying rhe
will be permited.to tender requlre(l ulass. Head
and Sub-Head)
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 ^,,I57" o:[ Contract Sum
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
L0"/.of Contract Sum
36 Amount to be addedto full value of Conbact Sum as
the insured sum i 9r ..8:.9.{...:.:*.eH
RM es
I ..Fe
PoficvNo.............
-fu{l pqntract Period Plus
fenoo or msurance...........
12 Months Defects tiabilitv
Perid ..P.lr-r
s. 3..[ /.2.,Months
36 (b) Amoult of excessclause RM ..-s.1;.q.!:.9.
.+p. .it..P.s.Li.v

26
 APPENDD( TO TI{E CONDITIONS OF CONTRACT-(cont'd)
CIause

37 PerformanceBond

Amount of Guarantee_.. ^^,5%of Ccntract Sum

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'
47 (a) Value of work to be executedincludinematerialsand
goods to be de'liveredbefore each subiequent lnterim
Certificateivill be issued ... n}rLZ:of Contract Sum

47 (d) Period for honouring payment certificate (if none

stated,*1ga v/ithin thirty (30) days of the issue of the
Certificate) 45 Days

s4 (h) 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