PWD 203A

Variation
Valuation of variation
All variation instructed in writing by
the S.O in accordance with clause 24
hereof shall be measured and valued
by the S.O. the valuation of variations,
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 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,
failing which a fair valuation
thereof shall be made by the
SO
c) The rates in the bill of
quantities shall 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)

PAM
Variation
All variation shall be measured and
valued by the quantity surveyor. Where
any recording of site information and/or
site measurements are carried out at the
site, the contractor shall provide the QS
with such assistance as may be
necessary to carry out the works and the
contractor shall be given the opportunity
to be present to take such notes and
measurements as he may require.
The valuation of variation and work
executed by the contractor for which a
provisioanal quantity is included in the
contract and expenditure of provisional
sums shall be made in accordance with
the following rules:
a) Where work is of a similar
character to, is executed under
similar conditions as, and does not
significantly change the quantity of
work as set out in the contract
documents, the rates and prices in
the contract documents shall
determine the valuation
b) Where work is of a similar
character to work as set out in the
contract document but is not
executed under similar conditions
but there is a sifnificant change in
the quantity of work carried out,
the rates and prices in the contract
documents shall be the basis for
determining the valuation which
shall include a fair adjustment in
the rates to take into account such
difference
c) Where work is not of a similar
character to work as set out in the
contract documents, the valuation
shall be at fair market rates and
prices determined by the QS

Extension of time
Extension of time
43.1Upon it becoming reasonably apparent that
the progress of the Works is delayed, the
Contractor
shall forthwith give written notice to the S.O
as to the causes of delay and relevant
information
with supporting documents enabling the
said officer to form an opinion as to the
cause
and
calculation of the length of delay. If in the
opinion of the S.O the completion of the
Works
is
likely
to be delayed or has been delayed beyond
the Date for Completion stated in Appendix
1
or
beyond any extended Date for Completion
previously fixed under this Clause due to
any
or
more
of the following events:
(a) force majeure as provided under
clause 58;
(b) exceptionally inclement weather;
(c) suspension of Works under clause
50;
(d) directions given by the S.O.,
consequential upon disputes with
neighbouring owners
provided the same is not due to
any act, negligence or default of
the
Contractor
or
any
sub-contractor,
nominated
or
otherwise;
(e) S.O.s instructions issued under
clause 5 hereof, PROVIDED
THAT
such
instructions
are not issued due to any act,
negligence, default or breach of
this
Contract
by
the
Contractor or any sub-contractor,
nominated or otherwise;
(f) the Contractor not having received
in due time instructions in regard
to
the
nomination
of
sub-contractors and/or suppliers

If the Contractor is of the opinion that the completion of the Works

is or will be delayed
beyond the Completion Date by any of the Relevant Events stated
in Clause 23.8, he may
apply for an extension of time provided always that:

23.1(a) the Contractor shall give written notice to the

Architect his intention to claim
for such extension of time together with an initial estimate
of the extension of
time he may require supported with all particulars of the
cause of delay. Such
notice must be given within twenty eight (28) Days from
the date of the AI,
CAI or the commencement of the Relevant Event,
whichever is earlier. The
giving of such written notice shall be a condition
precedent to an entitlement
of extension of time; and
23.1(b) within twenty eight (28) Days of the end of the
cause of delay, the Contractor
shall send to the Architect his final claim for extension of
time duly supported
with all particulars to enable the Architect to assess any
extension of time to be
granted. If the Contractor fails to submit such particulars
within the stated time
(or within such longer period as may be agreed in writing
by the Architect), it
shall be deemed that the Contractor has assessed that
such Relevant Event will
not delay the completion of the Works beyond the
Completion Date
Where the particulars of the written notice given under
Clause 23.1 include references to
Nominated Sub-Contractors, the Contractor shall forthwith
send a copy of such written
notice and particulars to the Nominated Sub-Contractor
concerned

If the Architect is of the opinion that the

particulars submitted by the Contractor
are
insufficient to enable him to decide on
the application for extension of time, the
Architect
shall within twenty eight (28) Days from
receipt of the Contractors particulars
under

provided
in
this
Contract,
necessary
instructions,
drawings or levels for the
execution of the Works from the
S.O. due to any negligence or
default of the S.O. PROVIDED
THAT the Contractor shall have
specifically
applied
in
writing on a date which having
regard to the Date for Completion
stated
in
Appendix
or
to any extension of time then fixed
under this clause, was neither
unreasonably
distant
from nor unreasonably close to
the date on which it was
necessary for him to receive the
same;
(g) delay in giving possession of the
Site as provided under clause
38.4
hereof
other
than
claim in effecting insurance and
Performance Bond;
(h) delay on the part of artists,
tradesmen or others engaged by
the
Government
in
executing work not forming part of
this Contract;
(i) the Contractors inability for reason
beyond his control and which he
could
not
reasonably have foreseen at the
date of closing of tender of this
Contract
to
secure
such
goods, materials and/or services
as are essential to the proper
carrying
out
of
the
Works; or
(j) delay on the part of the Nominated
Sub-contractors
and/or
Nominated
Suppliers
to
perform their works, due to
reasons as stated above in subclauses (a) to (i),

then the S.O. may if he is of the opinion

that the extension of time should be
granted,
so
soon
as
he is able to estimate the length of the
delay beyond the date or time aforesaid
issue
a
Certificate
of Delay and Extension of Time giving a fair
reasonable
extension
of
time
for
completion
of
the

Clause 23.1(b), inform him of any

deficiency in his submission and may
require the
Contractor to provide such further
particulars within a further twenty eight
(28) Days or
within such period of time as may be
stated by the Architect in writing.
When the Contractor has submitted
sufficient particulars for the Architects
consideration,
the Architect shall subject to Clauses
23.5, 23.6 and 23.8, consider the
Contractors
submission and shall either reject the
Contractors application or issue a
Certificate of
Extension of Time within six (6) Weeks
from the receipt of sufficient particulars.
The
Architect may issue the written notice of
rejection or the Certificate of Extension of
Time
before or after the Completion Date.
In assessing the extension of time, the
Architect may take into account the
following:
23.5(a) the effect or extent of any work
omitted under the Contract, provided
always
that the Architect shall not fix a
Completion Date earlier than the
Completion
Date stated in the Appendix; and
23.5(b) any other Relevant Events which
in the Architects opinion will have an
effect
on the Contractors entitlement to an
extension of time.
The Contractor shall constantly use his
best endeavour to prevent or reduce
delay in the
progress of the Works, and to do all that
may reasonably be required to the

Works.
PROVIDED THAT all such delays are not
due to any act, negligence, default or
breach
of
contract by the Nominated Sub-contractor
and/or Nominated Supplier and/or the
Contractor,
or
any of the servants or agents of such
Nominated Sub-contractor or Nominated
Supplier
or
the
Contractor.

satisfaction of
the Architect to prevent and reduce delay
or further delay in the completion of the
Works
beyond the Completion Date.
The Architect shall notify every
Nominated Sub-Contractor in writing of
each decision of
the Architect when fixing a later
Completion Date.

PROVIDED ALWAYS that the Contractor

has taken all reasonable steps to avoid or
reduce
such
delay and shall do all that may reasonably
be required to the satisfaction of the S.O. to
proceed
with the Works.
PROVIDED FURTHER that the Contractor shall not
be entitled to any extension of time where
the instructions or acts of the S.O. are necessitated
by or intended to remedy any default of or
breach of contract by the Contractor.

30.0 FLUCTUATION OF PRICE

In accordance with the Special
Provisions to the Conditions of
Contract for Fluctuation of Price as
contained in Appendix (if applicable),
the amount payable by the
Government to the Contractor
upon the issue lay the S.O. of an
Interim Certificate under clause 28
hereof shall be increased or
decreased accordingly. The net total
of any such increases or decreases
shall be given effect to
in determining the Contract Sum.

Site representative
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

Fluctuation of price

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.

Possession of site
38.1 No work under this Contract
shall commence unless and until the
Performance Bond stipulated
under clause 13 and such insurance
policy as specified under clauses 15
and 18 shall have been

Site representative
8.1
The Contractor shall appoint
a competent person to be the Site Agent.
The Site Agent for
the purposes of the Contract shall be
deemed to be the Contractors
authorised site
representative. The Site Agent shall be
assisted by such assistants and
supervisory staff as
necessary to execute the Works
efficiently and satisfactorily. The Site
Agent shall be
employed full time on Site and in the
event that he has to be temporarily
absent from the
Site, the Contractor shall designate a
deputy in his place.
The Contractor shall ensure that the Site
Agent and such assistants and
supervisory staff are
capable of receiving directions or
instructions in English or Bahasa
Malaysia. The Site
Agent shall be deemed to be authorised
by the Contractor to receive any
directions given by
the Site Staff or instructions given by the
Architect and any such directions and
instructions
given shall be deemed to have been

deposited with the Government,

PROVIDED THAT for the purposes of
this clause only (but for
no other), if the Contractor shall
produce to the Government the cover
note of the said insurance
policy and the receipt of premium
paid, it shall be a sufficient discharge
of his obligations under
this clause.
38.2 Unless the Contract Documents
shall otherwise provide, possession of
the Site as complete as
may reasonably be possible but not so
as to constitute a tenancy, shall be
given on or before the
Date for Possession stated in the
Letter of Acceptance to the Contractor
who shall thereupon
and forthwith commence the Works
(but subject to clause 38.1) and
regularly and diligently
proceed with and complete the Works
on or before the Date for Completion
as stated in
Appendix.
38.3 The Date for Completion of
the Works as referred to under clause
39 hereof shall be calculated
from the said Date for Possession.
PROVIDED ALWAYS that the
possession of Site may be
given in section or in parts and any
other restrictions upon possession of
the Site shall be stated
in the Appendix to these Conditions or
in the Contract Documents.
38.4 In the event of any delay in
giving possession of the Site from the
Date for Possession as
stated in Letter of Acceptance or
delay in giving any section or part of
the Site as provided in
clause 38.3, the S.O. may issue
instructions in regard to the revision
of the Date for Possession

given to the Contractor.

The Architect may instruct the Contractor
to remove the Site Agent or any Person
under the
employment or control of the Contractor
from the Site. The Architect shall not
exercise this
discretion unreasonably or vexatiously.
On receipt of a written instruction, the
Contractor
shall immediately remove and replace
such staff or any Person within a
reasonable time and
such staff or Person so removed, shall not
again be employed on the Site. The
Contractor
shall not be entitled to any extension of
time and additional cost in respect of any
instruction given by the Architect under
this clause

Possession of site

and the Date for Completion shall

be appropriately revised under clause
43.1(h) hereof, but the
Contractor shall not be entitled to
claim for any loss or damage caused
by such delay in giving
possession of the Site, nor shall he be
entitled to terminate this Contract.
38.5 In the event that the giving of
the possession of the whole Site is
delayed beyond ninety (90)
days of the Date for Possession
stated in the Letter of Acceptance, the
S.O. shall give written
notice to the Contractor of the causes
of such delay. Upon the receipt of the
said written notice
issued by the S.O., the Contractor
may, inform the S.O. in writing of its
decision within fourteen
(14) days of receipt of the said notice
either to:
(a)
agree to proceed with the
Works when the Site is subsequently
made available, in which
case clause 38.4 shall apply in
particular, the Contractor shall not be
entitled to claim for
any loss or damage caused by such
delay in giving possession of the Site,
or
(b)
terminate this Contract, without
prejudice to any other rights or
remedies that the
Government and the Contractor may
have as a result of the termination.
38.6 In the event that the giving of
possession of any section or part of
the Site (whether provided for
in clause 38.3 or otherwise) is delayed
beyond ninety (90) days from the
Date of Possession
stated in the Appendix or the date the
Contractor is scheduled to commence
work on that section
or part of the Works in accordance

with the approved programme of

Works as referred to in
clause 12 hereof as the case may be,
then the S.O. shall give written notice
to the Contractor of
the causes of such delay. Upon receipt
of the said written notice, the
Contractor may inform the
S.O. in writing, within fourteen (14)
days of receipt of the said notice of its
decision either to:
(a)
agree to proceed with the
Works when the section or part of the
Site is subsequently made
available, in which case sub-clause
38.5(a) above shall apply and in
particular, the
Contractor shall not be entitled to
claim for any loss or damage caused
by such delay as
aforesaid; or
(b)
request for S.O.s instruction to
omit the relevant section or part of
the Works from the
Contract. If the S.O. agrees to such
request then the relevant section or
part of the Works
shall be duly omitted and deemed to
be a variation to the Contract. Such
variation shall not
vitiate this Contract. If the S.O. does
not agree to such request as
aforesaid, then the
Contractor shall be entitled to claim
for any loss and/or expenses caused
by and in respect
of such delay beyond ninety (90) days
as aforesaid.
Workmanship
35.1All materials, goods and workmanship shall
be of the respective kinds and standards
described
in the Specification and of good quality and
in accordance with the standard of the
workmanship
in the industry. The Contractor shall upon
the request of the S.O. furnish him with the

relevant
certificates and/or vouchers to prove that
the materials and goods comply with the
Specification.
35.2The Contractor shall, entirely at his own
cost, provide samples of materials and
goods
for
testing
purposes. The Contractor shall, when
instructed by the S.O. to open up for
inspection
any
work
covered up, or arrange for or carry out any
test of any materials or goods (whether or
not
already
incorporated in the Works) Or of any
executed work which the S.O. may in
writing
require
and
the
cost of such opening up or testing (together
with the cost of making good in
consequence
thereof) shall be added to the Contract Sum
unless provided for in the Bills of Quantities
by
way
of Provisional Sums or otherwise or unless
the inspection or test shows that the work,
materials
or goods are not in accordance with this
Contract.
35.3The Contractor shall pay all duties and
taxes which may be imposed by law, such
as
customs
duties and sales tax, on all materials, goods
and equipment, whether purchased or
imported
in
the Contractors name or his agent, which
are incorporated in the Works or used
directly
in
the
construction, completion or maintenance of
the Works.
35.4Except where otherwise specified, the
Contractor shall pay all tonnage and other
royalties,
rent
fees and other payments or compensation
(if any) for getting stone, sand, gravel, clay
or
other
materials required for the Works.

Workmanship
All works, materials, goods and
workmanship shall be of the respective
quality and
standards described in the Contract
Documents and required by the Architect
in accordance
with the provisions of the Contract.
The Contractor shall upon the request of
the Architect, provide him with vouchers
or such
other evidence to prove that the
materials and goods comply with Clause
6.1.
The Contractor shall provide samples of
materials and goods for testing before
incorporation into the Works. The
Architect may issue an AI requiring the
Contractor to
open up for inspection any work covered
up, or to arrange for or carry out any test
on any
materials and goods already incorporated
in the Works or of any executed work.
The cost
of such opening up or testing together
with the cost of making good shall be
added to the
Contract Sum unless:
6.3(a) the cost is provided for in the
Contract Bills;

6.3(b) the inspection or test shows that

tire works, materials and goods were not
in
accordance with the Contract; or
6.3(c) the inspection or test was in the
opinion of the Architect required in
consequence of some prior negligence,
omission, default and/or breach of
contract by the Contractor.
The provisions of Clauses 6.2 and 6.3
shall not relieve the Contractor of his
obligations to
execute the work and supply materials
and goods in accordance with the
Contract.

Termination of contract

If the Architect finds any work, materials,

goods or workmanship which is not in
accordance with the Contract, the
Architect shall instruct the Contractor in
writing:
6.5(a) to remove from and not to bring to
the Site such materials and goods;
6.5(b) to demolish and reconstruct such
work to comply with the Contract;
6.5(c) to rectify such work as instructed
by the Architect with no adjustment to
the
Contract Sum;
6.5(d) to submit a method statement
within seven (7) Days from receipt of the
written
instruction (or within such period as may
be specified by the Architect in the
instruction) proposing how such works,
materials, goods or workmanship can
be rectified. If the Architect accepts the
Contractors proposal, the Contractor
shall carry out the rectification work with
no adjustment to the Contract Sum
or alternatively, the Architect may reject
the proposal and issue any other
written instruction under this clause; or
6.5(e) with the consent of the Employer,
to leave all or any such works, materials,
goods or workmanship in the Works

subject to an appropriate set-off by the

Employer under Clause 30.4 and the
Contractor shall remain liable for the
same.
Compliance by the Contractor with a
written instruction issued under Clause
6.5 shall not
entitle the Contractor to an extension of
time nor compensation for any loss
and/or expense
that may be incurred.
If the Contractor fails or refuses to
comply with a written instruction of the
Architect issued
under Clause 6.5, the Employer may
without prejudice to any other rights or
remedies
which he may possess under the
Contract, employ and pay other Person to
carry out the
subject matter of the written instruction.
All costs incurred including any loss and
expense
shall be set-offby the Employer under
Clause 30.4.
If the Contract requires any
manufacturer, sub-contractor or supplier
to give a warranty or
guarantee in respect of any proprietary
systems, materials and goods supplied,
the
Contractor shall procure such warranties
or guarantees and submit to the
Employer. The
provision of such warranties or
guarantees shall in no way relieve or
release the Contractor
from any liabilities under the Contract.

Termination of contract