TABLE OF CONTENTS

Item

Description

Page

1.

ARCHITECTS INSTRUCTIONS AND SUPERINTENDING

OFFICERS INSTRUCTIONS

2.

VARIATION ORDER

13

3.

PRIME COST AUM AND PROVISIONAL SUM

22

4.

CONTRACTORS OBLIGATION

27

5.

CONTRACT DOCUMENT

33

6.

SITE AGENTS

46

7.

REFERENCES

49

S.OS INSTRUCTION AND ARCHITECT INSTRUCTION

INTRODUCTION
Architect Instruction or S.O Instruction is an instruction make by the Architect or
Superintending Officer to the Contractor where applicable during the construction or
before the construction is start to the end of defect liability period. The contractor is to
be follow all the valid instruction which is the variation or changing of works that has
been agreed when the contract was signed.

WHO IS THE ARCHITECT AND SUPERITENDING OFFICERS (S.O)

Mean person who is the leader of the construction works. The S.Os basically
use only for the project own by the government. The Duty of the S.Os is to make sure
all the work done in time and handle all the problem involved in the construction
industry.
Related to the variation works, standard form of contract stated that only the
Architect or superintending (agent) who has the power to give instruction for the
variation of works and it must be in writing. If it is instruct orally, it must be approved by
any authorities who has a power in the project. Contractor does not have the obligation
to directly follow the order from the Client. Contractor has the power no to obey any of
the instruction give by the Architect and has the power to brings the conflict to the
arbitration.

Architect or S.O can only make an order for variation of works about affair that he
has the real power to do so. And here is some of the affair that can be issued by the
Architect or S.O: Differences of the documents, mistakes in bills of quantities
Move and replace materials and stuff that is not obey the contract
Change of works, quality, quantity and works conditions
Expenditure of the provisional and prime cost sum
Remove of works because of wars
Extension of works
Produce list of defect woks to be repaired by the contractor
Recovering works which is broke because of fire and so on.
Failure of the Contractor to obey and perform the Architect instruction or approve
S.O is count as breach of contract and give the right to employer to hired other person
to hand over and carry the works from the previous contractor by the deduction of the
contract sum that need to be paid to the contractor.
Effect of the Architect Instruction that is not approved, Contractor cannot be force
to obey and if he been force by the employer, the contract is break then. Still, if the
contractor wants to obey the instruction, there is no obligation for the client or employer
to pay the amount of the works that has been done.

Not all the Architect or S.O instruction cause changing the quantity and quality of
the original works, some of it was and instruction to the Contractor to repair and fixed
the workmanship to punctually follow the contract condition. However, architect and S.O
need to be care full while giving an opinion and advices to the contractor as for not to be
misunderstanding if all the A.I`s permitted the contractor to ask for the additional prices.

WHAT

IS

THE

PURPOSE

OF

SUPERITENDING

OFFICERS

(S.O)

AND

ARCHITECTS INSTRUCTION
Even though bills of quantities and drawing provided with details, there is need of
changing the quality and quantity of works which has been agreed in Document.
Variation order may be cause of this factor:

Design and Drawing is not fully complete when attending the contract

Mind changing when the contract had been signed

Other contingencies
For the standard form with Quantities, contract sum gains from the works

described in the bills of quantities. So, which ever works clearly described but differ from
the BQ, and have been perform by the Contractor, it is count as Variation Order and the
value of the works carry will be added to original contract sum. For the contract refers
with the drawing and specification, all the works is count as the contract sum when it is
stated in the drawing and specifications except otherwise stated.

PROCESS

FLOW

OF

ARCHITECHS

AND

SUPERINTENDING

OFFICERS

INSTRUCTION

START

WRTTING INSTRUCTION BY
S.Os

YES

INSTRUCTION IN S.Os
AUTHORITIES
YES
YES

NO

VALIDATE BY CONTRACTOR IN 7
DAYS

APPROVE BY S.Os IN 7 DAYS

NO

CONTRACTOR NEED
TO FOLLOW S.OS
INSTRUCTION

IF THE INSTRUCTION IS FOLLOWED

BY CONTRACTOR, THE S.O. CAN
VERIFY BEFORE PENULTIMATE
PAYMENT

YES

NO
APPROVED BY S.OS
YES

S.OS CAN APPOINT THIRD

PARTY TO CARRY OUT THE
INSTRUCTION

NO

OBEY BY CONTRACTOR IN 7
DAYS
YES

FINISH

S.O INSTRUCTION FLOW

CONTRACT BASED ON PWD 230A (Ref. 2007) (With Quantities)

5.0 S.OS INSTRUCTION
5.1 The S.O may from time to time issue further drawings, details and/of written
instruction in regard to:
a) The variation of Works.
b) Any discrepancy in or between the Contract Document as referred to in
Clause 8.2(b).
c) The removal from the Site any material or goods brought thereon by the
Contractor and the Substitution of any material or good therefore.
d) The removal and/or re-execution of any works executed by Contractor.
e) The dismissal from the Works of any person mentioned in Clause 23.6
hereof employed thereupon.
f) The opening up for the inspection of any work covered up.
g) The amending and making good of any defects whatsoever under Clause
48.
h) Any matter which is necessary and incidental to the carrying out and
completion of the Works under this Contract; and
i) Any matter in respect of which the S.O is expressly empowered by this
Contract to issue instruction.

5.2 All instruction issued by the S.O. shall be in writing, The Contractor shall forthwith
with all instruction issued to him by the S.O. If such instruction given orally, the S.O
shall then issue a written instruction within seven (7) days from the date of such
instruction is given.
5.3 If within seven (7) days after receipt of a written notice from the S.O requiring
compliance of an instruction and the Contractor does not comply therewith, then the
S.O without prejudice to any other rights or remedies available to the Government
under this Contract, undertake the work whatsoever which may be necessary to
give effect to such instruction. All cost and expenses incurred in connection with
such employment (including On-Cost Charges), shall be deducted from any money
due or to become due to the Contractor under this Contract, and failing which such
deductions shall be recovered from the Performance Bond or as a debt due from
the Contractor.
5.4 The Contractor shall be responsible for all cost and expenses incurred by the
Government in carrying out the Works under clause 5.3 and On-Cost Charges
(calculated by applying the Percentage of On-Cost Charges stated in Appendix
hereto to the amount incurred). The Government shall be entitled due or to
overcome due to the Contractor under this Contract or to recover the same form the
Performance Bond or as a debt due from the Contractor.

CONTRACT BASED ON PAM Contract 2006 (With Quantities)

2.0 ARCHITECTS INSTRUCTION
2.1 The Contractor shall subject to Clauses 2.2 and 2.3 forthwith comply with all
instructions issued to him by the Architect in regard to any matter in respect of
which the Architect is expressly empowered by these Condition to issued
instruction.
2.2 All instruction issued by the Architect shall be in writing expressly entitled
Architects Instruction (A.I). All other form of written instruction including
drawings issued by the Architect shall be an A.I:
2.2 (a) upon written confirmation from the Contractor entitled Confirmation of
Architects Instruction (CAI); or
2.2 (b) Upon subsequent confirmation of the written instruction by the
Architect with an A.I.
2.3 Upon receipt of a written instruction from the Architect, the Contractor may request
the Architect to specify in writing which provision of the Conditions empowers the
issuance of the said instruction and the Architect shall forthwith comply with such a
request. If the Contractor there after complied with the said instruction without
invoking any dispute resolution procedure under the Contract to establish the
Architects power in that regard, the instruction shall be deemed to have been duly
given the under the specified provision.

10

2.4 If the time of compliance (which shall not less than seven (7) Days from receipt of
the AI) is stated by the Architect in the AI and the Contractor does not comply
therewith then the Employer may, without prejudice to any other rights and
remedies which he may possess under the Contract, employ and pay to other
person to execute the Works with may be necessary to give the effect to such
instruction. The cost of employing other Person and any additional cost in this
connection shall be set-off by the Employer under Clause 30.4.

11

COMPARISON BETWEEN FORM OF CONTRACT PWD 203A (2007) AND PAM

2006.

PWD 203A(2007)

PAM (2006)

Clause 2.1
Contractor to
Superintending Officer (S.O) & S.O.
comply with

Architect
Representative

instruction

After 7 days after instruction and

After 7 days after instruction and

Contractor not comply with

Contractor not comply with

instruction Superintending Officer or

instruction employ and pay to

S.O Representative with their power

other person to execute the

appoint the third party to carried out

Works with may be necessary to

the works

give the effect to such instruction

Clause 2.4
Failure of Contractor
comply with
Instruction

12

13

VARIATION ORDER (V.O)

INTRODUCTION
The term variation order depends on the terms of contract. Generally, it is define as
change of appearance or level of the contract or the contract conditions as agreed to
perform the contract.
There must be a budget from the Client for the variation order is important
because without it, Employer do not have a power to ask for a changing of works and
the contractor just need to stick to the original agreement. However, there is a limit for
the variation to be made. It cannot change the whole works and if any, the contract has
to be terminate and new contract has to be proposed.
If the Contractor feel like he has done the extra works from the original works, to
claims for the cost of the extra works, they need to briefly described

That the works he has done is not paid in the contract sum

Has an agreement for the payment made

The agent has the power to perform the works

Every conditions is obey as the procedures

If the extra works is out of the work scope, and does not have related with original
contract, it might not count as a change and need other format of payment.

14

EFFECT OF THE VARIATION ORDER

Addition or deduction to contract prices which need to pay by the Client.

Extension of time for completion will affect the insurances, consultant fees,
rental, foremen, loss causes by the rental and so on.

15

VALUATION FOR VARIATION ORDER

If there is any extra works or changing from the original works, it need to be
specified weather it is a change in the term of contract, weather the Contractor qualify to
receive the payment for the extra works. Valuation then can be made by the price rates
that has been agreed by the measurement and valuation of day works rates
Superintending Officers (S.O) Instruction or Architects Instruction are important
when there are variation of order from the client and all the differences and changing
from the plan.
This clause makes the Superintending Officers (S.O) or Architect have power to issue
an instruction that link to a certain things. To be remembering, they have to issue
instruction to the matter that had been clearly mention in condition of contract and the
contractor have a power to ask the architect to state the clause that can make them to
issue the instruction.
Superintending Officers (S.O) and Architect do not have power to instruct the
contractor how to running the construction works. All the Superintending Officers (S.O)
or Architect affair is the building that had been completely build and the contractor is
responsible to make it perfect. If there something that architect had detect the contractor
done a wrong from the condition or any of the negative thing to the work done, the
contractor will be warn to deny that thing done but this is not the part of architect
instruction as the clarify in clause.

16

Superintending Officers (S.O) and Architect also do not have a power to issue
the instruction about the safety of site. This is would be the responsible of contractor to
bear a safety on site. Had been a while, the architect have a responsible of giving an
attention to the contractor in certain situation that architect has the contractual
responsible to do thus thing or power to major the type of remedial measurement that
should take.

17

CONTRACT BASED ON PWD 230A (Ref. 2007) (With Quantities)

24.0 VARIATIONS
24.1

The S.O. may issue instructions requiring a Variation in a form a Variation Order.
No Variation required by the S.O shall vitiate this Contract. Upon the issuance of
such Variation Order, the Contractors shall forthwith comply with the Variation
Order issue by the S.O

24.2

The term Variation means a change in the contract Document which

necessitates the alteration or modification of the design, quality, or quantity of the
Works as described by or referred to therein and effects the Contract Sum
including :
(a) The addition, omission or substitution of any works
(b) The alteration of the kind or standard of the any material, goods to be
used in the Works; or
(c) The removal from the site of any work executed or material or goods
brought thereon by the Contractor for the purpose of the Works other than
work, material or goods which are nit in accordance with this Contract.

24.3

Any variation made under this clause shall not relieve the Contractor form his
obligations under clause 22.1(c).

18

25.0 VALUATION OF VARIATION

25.

All variations instructed in writing by the S.O in accordance with clause 24

hereof shall be measured and valued by the S.O. The valuation, unless
previously or otherwise agreed, shall be made in accordance with the
following rules:
(a) The rates in the Bills of Quantities after adjustment if necessary as
provided in clauses 26.6 and 26.7 hereof, shall determine the valuation of
work of similar character and executed under similar conditions as work
priced therein ;
(b) the said rates, where is not of similar character or executed similar
conditions as aforesaid, shall be the basis of rates for the same, so far as
may be reasonable, failing which a fair valuation shall be made by the S.O.
(c) the rates in the Bills of Quantities shall be determine the valuation of items
omitted, PROVIDED THAT if the omission substantially vary the conditions
under which any remaining items of work are carried out, the rates of such
remaining items shall be valued under rule (b);

19

25.2

Where work cannot properly be measured or valued, the S.O may allow daywork
price as specified in Appendix. Unless otherwise provided in the Bills of
Quantities, the day work for the price for the purpose of this contract for the
labour concerned. The Contractor shall be paid the daywork prices, plus fifteen
percent (15%), which shall include for the cost of all ordinary plant, tools,
scaffolding, supervision and profit. PROVIDE ALWAYS that as a condition
precedent to any right to any payment the Contractor shall produce vouchers,
receipts and wage books specifying the for

labour and plant employed and

materials used to the S.O not exceeding seven (7) days after the work shall have
been done.
25.3

The amount of variations shall be certified by the S.O and added to or deducted
from the Contract Sum as the case may be and the amount shall be adjusted
accordingly.

20

CONTRACT BASED ON PAM Contract 2006 (With Quantities)

Clause 11.7 Additional expense caused by Variation\
11.7 Where are variations has caused or is likely to cause the Contractor to incur
additional expenses for which he would not be paid under any provisional in
Clause 11.6, the Contractor may make a claim for such additional expenses
provided always that:
11.7 (a) the Contractor shall given written notice to the Architect of his attention
to claim for such additional expenses together with an initial estimate of his claim
duly supported with all necessary calculations. Such notice must be given within
twenty eight (28) Days from the date of the AI or CAI given rise to his claim. The
given of such written notice shall be a condition precedent to any entitlement to
additional expenses that the contractor may have under the Contract; and
11.7(b) within twenty eight (28) Day of completing such Variations, the Contractor
shall send to the Architect and Quantity Surveyor complete particulars of his
claim for additional expenses together with all necessary calculations to
substantiate his claims. If the Contractor fails to submit the required particulars
within the started time (or within such longer period as may be agreed in writing
by the Architect, it shall be deemed that the Contractor has waived his rights to
any such additional expenses.

21

22

PRIME COST SUM AND PROVISIONAL SUM

The prime cost sum is an amount of money allowed in the Bill of Quantities for works
that will be executed by the Nominated Sub-Contractor or for the supply of construction
material by the Nominated Supplier.
The provisional sum is an allowed amount of money inserted inside the Bill of Quantities
for the works or supply of construction materials, unexpected, unmeasured and
unpriced during the production of Tender Document. On early stage, this amount is to
be executed by the Main Contractor. However, according to Clause 30(c), it can be
turned to prime cost sum by orders of the Superintending Officer. When it has been
changed, the works will then be executed by the Nominated Sub-Contractor or if the
amount is for the supply for construction materials, so the materials will be supplied by
the Nominated Supplier.
Both the prime cost sum and the provisional sum, if needed, shall be inserted inside the
Bill of Quantities and therefore will be part of the Tender Document. Thus, when the
contractor prices and sums the entire prime cost sum and provisional sum inside the Bill
of Quantities, the amount derived shall be the total amount of the project that includes
every required works. The result, the client can be acknowledged of the total
construction cost, excluding other costs such as consultant fees and etc. The actual
total cost of construction can only be known after all works in the prime cost sum are
tendered and provisional sums are allowed after acquiring all necessary details and
measured according to specified methods, as in Clause 25. However, these costs still
comply with variation of works required from time to time.

23

CONTRACT BASED ON PWD 203A (Ref. 2007) (With Quantities)

33.0 PRIME COST / PROVISIONAL SUMS
34.1

In respects of any and every Prime Cost or P.C Sum provided in the contract, the
amount due to any Contractor shall be determined by deducting the said Prime
Cost or P.C Sum and the relevant profit and/or attendance charges from the
Contract Sum and substituting for the same with the actual amount due to
relevant Nominated Sub-contractor or Nominated Supplier as valued in
accordance with the relevant sub-contract and the sum due to any contractor by
way of profit and/or attendance charges at the rates or prices stipulated in the
Contract Documents (if any)

34.2

The Provisional Sum may be expended at such times and in such amounts as
the S.O may direct. Such sum if not used either wholly or in part shall be
deducted from the Contract Sum. The value of works which are executed by the
Contractor in respect of Provisional Sum shall be ascertained in accordance with
clause 25 hereof. The said value of such work executed by the Contractor shall
be set off against all such Provisional Sums and the balance shall be added to or
deducted from the Contract Sum as the case may be.

34.3

Any work to be executed, or materials or goods to be supplied for which

Provisional Sums are provided in the Bill of the Quantities may, if the S.O so
decides, be treated as P.C Sum items and shall be dealt with in accordance with
clause 34.1

24

34.4

Where the contractor in the ordinary course of his business directly carries out
works for which P.C Sums are provided in the Bills of Quantities and where such
works are set out in Appendix hereto and the S.O is prepared to accept tenders
from the contractor for such works the Contractor shall be permitted to tender for
the same or any of them without prejudice to Governments right to reject the
lowest or any tender. If the tender of the contractor for any work included in the
P.C Sums is accepted, such tender shall be held to include the profit and
attendance charges, and the contractor shall not be entitled to the profit and
attendance charges as contained in the Bills of Quantities notwithstanding any
provision to the contrary under clause 34.1.

25

CONTRACT BASED ON PAM Contract 2006 (With Quantities)

11.4 A.I. ON P.C SUMS AND PROVISIONAL SUMS
11.4

The Architect shall issue AI in regard to the expenditure of P.C Sums and
Provisional Sums included in the Contract Bill and P.C Sums which arise as a
result of instructions issued in regard to the expenditure of Provisional Sums.

26

27

CONTRACTORS OBLIGATION
After the site possession is given, the main constraint, responsibility or obligation of the
Contractor is to start construction works and complete the works by or before the
completion date as stated in the Appendix to Conditions of Contract. The execution of
works shown by the Contractor must be continuous and following the stages and with
commitment or effort. These requirements are to ensure the contractor executes the
works according to the agreed schedule and the project completed in the promised
period. This importance is supported by other allowance whereas the service of the
contractor can be terminated on behalf of the failure of execution of the works by the
contractor with effort and continuous. (As referred to Clause 51 Form of Contract 203A)
Executing works according to stages and continuous is very crucial to ensure the
schedule of construction is followed and the project is completed in the reasonable
period. To achieve this target, the contractor must work systematically, continuous from
day to day with enough workers and labours, enough supply of materials without
interruption and suitable machinery planning with the associated works. Besides that,
the appointed contractor brings large impact to the progress of construction works. Even
though every source is enough and the material supply uninterrupted, without the effort
and willingness, the project cannot be completed within the period required. There for,
both responsibilities has to be incorporated by the Contractor in executing the
construction works to fulfill the objectives or purpose of the project.

28

CONTRACT BASED ON PWD 203A (Ref. 2007) (With Quantities)

10.1 OBLIGATIONS OF THE CONTRACTOR
The Contractor shall:
(a) Construct, complete, test and commission the Works in accordance with the
contract ;
(b) Perform the Works in a proper manner and in accordance with good
management practice and to the best advantage of the government;
(c) Take all appropriate measures expected of a contractor providing similar works
to ensure that the Works comply with the requirements of this contract;
(d) Perform the works and discharge its obligations as contained in this contract by
exercising professional judgment and practice, requisite skill, care and diligence.
In performing the works, the contractor shall provide well outlined procedures in
the form agreed by the Government for reporting and co-ordination purposes;
(e) At all times perform the works in such manner as will always safeguard and
protect the Governments interest in relation to the works and take all necessary
and proper steps to prevent abuse or uneconomical use of facilities, if any, made
available by the government to the contractor;
(f) Inform the Government immediately in the writing of the occurrence of any factor
or event, which is likely to affect the works. Such notification shall not be
construed as a discharge of any of the Contractors obligations under this
contract;
29

(g) Provide and maintain throughout the contract period such number, categories of
qualified and competent personnel necessary to perform the works;
(h) Provide and maintain at its own cost and expense all equipment and materials
necessary for the proper and effective performance of the works;
(i) Instruct and supervise its stuff and sub-contractor in carrying out the works
repairs and other works in relation to the works;
(j) Make good any defect, imperfection, shrinkage or any other fault whatsoever
which may appear during the defects liability period; and
(k) Carry out any other obligations and responsibilities under this Contract.

30

CONTRACT BASED ON PAM Contract 2006 (With Quantities)

1.0 CONTRACTORS OBLIGATIONS
1.1

Completion of Works in accordance with Contract Documents

The Contractor shall upon and subject to these Conditions carry out and
complete the Works in accordance with the Contract Documents and in
compliance there with provide materials, good and standards of workmanship of
the quality and standard described in the Contract Documents and or required by
the architect in accordance with the provision of the Contract.

1.2

Temporary work and construction method

Unless designed by the Architect or Consultant shall be fully responsible for the
adequacy, stability and safety of all temporary works and of all methods of
construction of the works, irrespective of any approval by the Architect or
Consultant.

1.3

Contractors design and responsibilities

If the Contractor proposes any alternative design to that specified in the works or
If the Contract leaves any matter of design, specification or choice of materials,
good and workmanship to the Contractor, the Contractor shall ensure that such
works are fit for its propose. The copyright of the Contractors design and
alternative design belongs to the Contractor, but the employer shall be entitled to
use the design and alternative design for the completion, maintenance, repair
and future extension of the Works. The acceptance by the Architect or
31

Consultant of the Contractors design and alternative design shall not relive the
Contractor of the responsibilities under the contract.
1.4

Discrepancy or divergence between documents

The Contractor shall use the Contract Documents and any other subsequent
documents issued by the Architect to plan the Works prior to execution. If during
the said planning and subsequent execution of the works, the Contractor find any
discrepancy in or divergence between any of the Contract Documents and any
subsequent documents issued by the Architect, he shall give to the Architect a
written notice in sufficient time before the commencement of construction of the
affected works, specifying the discrepancy or divergence to enable the Architect
to issue written instructions within a period which would not materially delay the
progress of the affected works, having regard to the completion date. Such
discrepancy or divergence shall not vitiate the Contract.

32

33

CONTRACT DOCUMENT
The Contract Document is a document produced in result from the acceptance of the
client to the offer made by the Contractor. It is prepared by the consultants that have
prepared the Tender Document. Generally, the Contract Document includes items that
are similar to the Tender Document, but has been added with other documents. All
these documents need to be sorted neatly and chaptered before it is signed by both
parties. This document then will be the reference and guidance in the execution of a
project. Issues related to the Contract Document for the Contract Form PWD 203A is
mentioned in clause 4, 7 and 8.
Clause 4 explains about contract scope whereas items inside the Contract Document,
such as plans, specifications, items of agreement and conditions of contract is made
reference for the Contractor to execute the responsibilities to construct and complete
the project. Besides that, the clause also mentions that the contract scopes and
obligations of the contractor also includes making good defects and inside the defect
liability period.
Clause 7, contract form PWD 203A, states guidelines about the Contract Document.
Amongst them are:
a) The Contract Document shall always be under care of the Client. However the
Contractor is given the right to refer when required.
b) The Contractors qualification to obtain certain documents free of charge as soon
after the Contract is signed.

34

c) The S.Os responsibility to present the related plans or details to the Contractor
from time to time to explain or interpret the plans or specification for the purpose
of construction.
d) The responsibility of the Contractor to keep a copy of important documents such
as plans, specifications and Bill of Quantities at the site for the S.Os reference.
e) The responsibility of the Contractor to return (if asked) all documents given
before after the final payment is made.
f) Restrictions to the Contractor to use any Contract Documents for other purpose
except for items related to the Contract.
Clause 8 discusses two important aspects in the Contract Document. Clause 8(a)
explains that every content or part inside the Contract Document shall be taken into
account as reference to one another. For example, a simple explanation inside the Bill
of Quantities are explained in detail in the specifications and shown in diagrams. Next,
this clause stresses that every responsibility of the Contractor is to execute as the
purpose and true meanings of the Contract Document. Clause 8(b) explains the action
that needs to be done by the Contractor if there is any conflict between the Contract
Document, whereas the Contractor is responsible to inform the conflicts to the S.O.
From there, the S.O shall produce an Order as solution to the conflict.
The main contents of the Contract Document are as follows:
a) Tender Form
-

A tender form is an offer proposed by the Contractor to the Client. This

document is in a form of letter from the Contractor to the Client stating the

35

willingness of the Contractor to execute the works according to the price and
period of construction as in the Tender Document.
b) Letter of Acceptance
-

The Letter of Acceptance, hence its name, is document or letter that

expresses the agreement of the Client in accepting the Contractors offer. It
also states the Contract Sum, period and agreed construction. Besides that,
the date of site possession is also mentioned with the conditions required
before the contractor can begin construction. The purpose of site possession
date and its conditions are to enable the contractor make preparations before
beginning works.

c) Articles of Agreement
-

This section includes general guides about the agreed deal by both parties. It
acknowledges about involved parties, the works that will be executed, rights
and responsibilities generally of both contract parties. Every details of each
article as well as rights and responsibility of the Contractor and the client is
referred to other parts that are the Conditions of Contract. At this section is
also a space for the Clients and the Contractors signature as well as the
witnesses for each party for the purpose of completing the Contract. For Form
of Contracts other than the PWD 203A, such as the PAM 98, name, address
and the main obligations of the consultants involved are also mentioned in the
this section.

36

d) Conditions of Contract
-

This section explains more clearly and detail about the agreement by both
parties mentioned generally. Basically, the contents of this section are divided
into 4 main functions. Firstly, it defines the meanings of certain abbreviations
and words used n the Form of Contract. Second, it explains more of the rights
and obligations of the Contractor. Generally, the rights of a certain party will
be a responsibility to other parties. Third, it explains the scope of works and
administration for certain issues and the fourth, it explains the methods or
solutions to small breaching of contract done by contractual parties.

e) Preliminary Works
-

Generally, preliminary works is a part that explains in detail items

unmeasured in the Bill of Quantities or unmentioned in the Tender Summary
but needed in order to execute and grease the progress of the project. This
part is where it generally needs to be priced (if related) by the Contractor to
obtain part of project cost. This part also explains works that needs to be
done by the Contractor before beginning works or to be done in the early
stage before construction works such as insurance, performance bond and
site entrance. However there are also that is required during construction
period such as water supply, electric supply and telephony and there are also
items required to at the last stage of construction such as cleaning before
handing over the building and so on. The items listed in this part are a general
item that cannot be specialized to element of works. As example, the usage

37

of water, electric, telephone and others used completely for the project from
the beginning until the completion of construction.
f) Bill of Quantities
-

The Bill of Quantities is the part where in detail it explains the involved works
for a project with quantities and brief explanation. The Bill of Quantities is a
part of Contract for projects based on lump sum with lists of materials.
Basically it is sorted by elements of buildings. At tender stage, this part and
the preliminary works are priced by the Contractor to obtain the total cost of
the project.

g) Specifications
-

The Specifications explain about :

a) Construction materials and products that will be used including the
quantities
b) Method of work qualities that needs to be followed
c) Conditions where a work needs to be executed

This part is purposed to explain the work requirements inside the drawings
with more details and cannot be explained in the drawings and Bill of
Quantities. For example the quality of material, brand or type of material,
method of works (if needed) and the quality of works required to for a project.
The Specifications are basically prepared according to trades and must
include all items needed for the project.

h) Drawings and plans

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The drawings included inside the Contract Document are the whole drawings
used when preparing the Bill of Quantities for Bill of Quantities based on lump
sum or when all drawings given to the Contractor during tendering process for
lump sum based on drawings and specifications.

i) Appendix
-

The purpose of Appendix inserted inside a Contract Document is to complete

details for the execution of project. The contents or format of an Appendix are
different according to contracts used and size of the project. Generally, an
Appendix contains:
a) Drawings lists
b) List of Prime Cost Sums and Provisional Sums
c) Daywork rate schedule
d) Main materials price rate
e) Details of tenderer
f) Form of bank Guarantee Advance payment
g) Form of bank Guarantee Performance bond
h) Finishings schedule
i) Materials price in state etc.

The requirements and detailed needs of the Document Contract depend to the type of
contract used and conditions or requirements of the proposed project. Every part inside
the Contract Document has specific functions and purpose to achieve the main purpose
that is project execution. For this purpose, all contents of the Contract Document needs
to be taken into account as one whole Document and explainable to one another. This
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item is explained in Clause 8(a). If there is a conflict between any contents of the
Contract Document, Clause 8(b) gives the right to the S.O to solve it after it has been
forwarded by the Contractor in written letter.

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CONTRACT BASED ON PWD 203A (Ref. 2007) (With Quantities)

8.0

CONTRACT DOCUMENT

8.1

Custody of the Contract Document

(a)

The contract shall be prepared in two (2) original copies. The original
copies of the contract shall remain in the custody of the S.O and the
Contractor

(b)

Immediately after the execution of this contract, the S.O shall furnish to
the Contractor without any charge (unless he shall have been previously
furnished) with:
(i)

Two (2) copies of the contract drawings ; and

(ii)

Two (2) copies of unpriced bills of Quantities and (if requested by

the contractor) one copy of the priced Bills of Quantities.

(c)

The S.O shall, as and when necessary and without charge to the
contractor, furnish him with two (2) copy of such further working drawings
or details as are reasonably necessary either to explain and amplify the
Contract Drawings or the specification(if any) or to enable the Contractor
to construct and complete the works in accordance with this contract.
PROVIDE THAT nothing contained in the said working drawings or details
shall impose any obligation beyond those imposed by the Contract
Documents.

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(d)

The contractor shall keep one copy of the contract drawings, the

specification (if any), unpriced bills of quantities, priced Bills Of Quantities (if any)
and other like documents referred to in sub-clause (c) hereof the site and the S.O
shall at all reasonable times have access to the same.
(e)

Upon final payment being made pursuant to the issuance to the final

account and payment certificate under clause 31, the Contractor shall return to
the S.O all drawings, details, specifications, unpriced copy of bill of quantities and
priced Bill of Quantities, if any.
(f)

None of the documents herein before mentioned shall be used by the

contractor for any purpose other than this contract.

8.2

Sufficiency of Contract Documents

(a)

The Contract Documents are to be taken as mutually explanatory of one

another. The Contractor shall provide everything necessary for the proper
execution of the works until its completion according to the true intent and
meaning of the Contract Documents taken together whether the true intent and
meaning may or may not be particularly shown or described PROVIDED THAT it
can be reasonably inferred there from.
(b)

If the contractor shall find any discrepancy in or divergence between any

two or more of the Contract Documents including a discrepancy or divergence

between parts of any one of them, he shall immediately give to the S.O a written
notice specifying the discrepancy or divergence and the S.O shall issue

42

instructions in regard thereto PROVIDE ALWAYS that such discrepancy or

divergence shall not vitiate this Contract.

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CONTRACT BASED ON PAM Contract 2006 (With Quantities)

3.1

CONTRACT DOCUMENTS

3.1

Contract Document

3.1

The Contract Documents are to be read as mutually explanatory of one another.

In the event of any conflict or inconsistencies between any of the Contract
Document, the priority in the interpretation of such documents shall been in the
following descending order:

3.2

3.1(a)

the Letter of Award;

3.1(b)

the Articles of Agreements;

3.1(c)

the Conditions of Contract;

3.1(d)

the Contract Drawings;

3.1(e)

the Contract Bills; and

3.1(f)

other documents incorporated in the Contract Document.

Custody of Tender documents

The original tender documents shall remain in the custody of the Architect or
Quantity Surveyor so as to be available at all reasonable times for inspection by
the Employer and Contractor.

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3.3

Copies of documents
Immediately after the execution of the Contract, the Architect or Quantity
Surveyor shall without charge to the Contractor provide him with:
3.3(a) one of the two signed original copies of the Contract Documents;
3.3(b) two (2) further copies of the Contract Drawings; and
3.3(c) two (2) copies of the unpriced Contract Bills.

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46

SITE AGENTS
A site agent is personnel liable in managing one or more sites at the same time. The
main tasks of a site agent include:

Ordering materials and plant in liaison with purchasing manager

Assisting in valuations and production of invoices.

Controlling of additional works.

Programming of works and ensuring adherences to that program.

Supervision of employees, sub-contractors, apprentices and trainees when on

site.

Assisting in the setting up of on-site training program for apprentice carpenters

and joiners.

On site health and safety including: Adherence to all applicable health and safety legislation.
Adherence to site rules.
Inspection of scaffolding.
Implementation of method statements.
Assisting in the carrying out of risk assessments.
Assisting in the setting up of tool/plant maintenance program.

Maintaining the confidentiality of both clients and the company at all times.

Carrying out any other duties, within reason, requested of them by the
management of the company.

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CONTRACT BASED ON PWD 203A (Ref. 2007) (With Quantities)

58.0

SITE AGENT AND ASSISTANTS

Unless otherwise provided elsewhere in this contract, the Contractor shall keep
constantly on the site a competent, efficient, suitability qualified, experienced and good
character site agent and his assistants in each trade as may be necessary who must be
capable of receiving instructions in Bahasa Malaysia, and in default it shall be the
responsibility of the contractor to provide replacement for them and all wages and other
expenses in connection with the employment of such replacement site agent and
assistants. Any directions, explanations or instructions given to such site agent by the
S.O shall be deemed to have been given to the Contractor under this Contract.

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REFERENCES
1. Modern Construction Management By Frank Harris, Ronald McCcaffew
2. Technique Planning & Controlling Construction Project, by H.N. Dhuja S.p. Rozzi
S.M. Abou Rizk
3. Form of Contract PWD 203A(Ref.2007)
4. Form on Contract PAM/ISM 2006
5. Pengenalan Kepada Kontrak Binaan PWD 203A, Mohamad Nazir Bin Ismail.

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