23.

S(v) failure of the Employer to give in due time entry to or exit from the Site or any
part through or over any land, by way of passage adjoining or connected to the
Site and in possession or control of the Employer;

23.S(w) suspension by the Contractor of his obligations under Clauses 30.7 and 30.8;

23.S(x) suspension of the whole or part of the Works by order of an Appropriate

Authority provided the same is not due to any negligence, omission, default
and/or breach of contract by the Contractor and/or Nominated Sub­
contractors; and

23.S(y) any other ground for extension of time expressly stated in the Contract.

Extension of time 23.9 Where a Relevant Event occurs after the issuance of the Certificate of Non-Completion, the
after the issuance Architect shall, subject to Clauses 23.1 to 23.7, grant an extension of time. The extension of
of Certificate of time granted shall be added to the Completion Date of the Works or any section of the
Non-Completion Works.

Architect's 23.10 The Architect may within twelve (12) Weeks after the date of Practical Completion review
review of and fix a Completion Date later than that previously fixed, if in his opinion the fixing of
extension of time such later Completion Date is fair and reasonable having regard to any of the Relevant
after Practical Events, whether upon reviewing a previous decision or otherwise and whether or not a
Completion Relevant Event has been specifically notified by the Contractor under Clause 23. l. No such
final review of extension of time shall result in a decrease in any extension of tim,e already
granted by the Architect. In the event the fixing of such later Completion Date affects the
amount of Liquidated Damages the Employer is entitled to retain, he shall repay any
surplus amount to the Contractor within the Period of Honouring Certificates.

24.0 Loss And/Or Expense Caused By Matters Affecting The Regular Progress Of The
Works

Loss and/or 24.1 Where the regular progress of the Works or any section of the Works has been or is likely
expense caused to be materially affected by any of the matters expressly referred to in Clause 24.3, and the
by matters Contractor has incurred or is likely to incur loss and/or expense which could not be
affecting the reimbursed by a payment made under any other provision in the Contract, the Contractor
regular progress may make a claim for such loss and/or expense provided always that:
of the Works
24.l(a) the Contractor shall give written notice to the Architect of his intention to
claim for such loss and/or expense together \\�th 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, CAI or the start of the
occurrence of the matters referred to in Clause 24.3, whichever is the earlier.
The giving of such written notice shall be a condition precedent to any
entitlement to loss and/or expense that the Contractor may have under the
Contract and/or Common Law; and

24.l(b) within twenty eight (28) Days after the matters referred to in Clause 24.3 have
ended, the Contractor shall send to the Architect and Quantity Surveyor,
complete particulars of his claim for loss and/or expense together with all
necessary calculations to substantiate his claims. If the Contractor fails to
submit the required 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 waived his rights for loss and/or expense.

Access to 24.2 The Contractor shall keep contemporaneous records of all his claims for loss and/or
Contractor's expense and shall submit all particulars to the Architect. The Architect and Quantity
books and Surveyor shall have access to all books, documents, reports, papers or records in the
documents possession, custody or control of the Contractor that are material to the claim and the
Contractor shall provide free of charge, a copy each to the Architect and Quantity Surveyor
when requested. All such documents shall remain available in accordance with this clause
until all claims have been resolved. The Contractor shall use his best endeavour to ensure
that all such documents in the possession, custody or control of sub-contractors and/or
suppliers that are material to the claim are similarly available.

PAM Contract 2018 (With Quantities) 26

Matters 24.3 The following are the matters referred to in Clause 24.1:
materially
affecting the 24.3(a) the Contractor not having received in due time the necessary documents under
regular progress Clauses 3.3(a) and 3.3(b);
of the Works
24.3(b) the Contractor not having received in due time the necessary AI (including
those for or in regard to the expenditure of P.C. Sums and Provisional Sums,
further drawings, details, levels and any other information) for which he had
specifically applied in writing to the Architect. The Contractor's application
must be submitted to the Architect in sufficient time before the
commencement of construction of the affected works, to enable the Architect
to issue the necessary AI within a period which would not materially affect the
progress of the affected works, having regard to the Completion Date.
Provided always that the AI was not required as a result of any negligence,
omission, default and/or breach of contract by the Contractor and/or
Nominated Sub-Contractors;

24.3(c) delay by the Employer in giving possession of the Site or any section of the
Site in accordance with Clauses 21.1 and 21.2;

24.3(d) compliance with a written instruction issued by the Architect in regard to the
postponement or suspension of all or any part of the \Yorks to be executed
under Clause 21.4;

24.3(e) delay on the part of craftsmen, tradesmen or other contractors employed or

engaged by the Employer in executing work not forming part of the Contract
or the failure to execute such work;

24.3(1) delay or failure in the supply of materials and goods which the Employer had
agreed to supply for the Works;

24.3(g) the opening up for inspection of any work covered up, testing any materials
and goods or executed work in accordance with Clause 6.3, unless the
inspection or test showed that the works, materials and goods were not in
accordance with the Contract or was in the opinion of the Architect required in
consequence of some prior negligence, omission, default and/or breach of
contract by the Contractor;

24.3(h) any act of prevention or breach of contract by the Employer;

24.3(i) delay as a result of a compliance with AI issued in connection with the

discovery of antiquities under Clause 33.1;

24.30) appointment of a replacement Person under Articles 3, 4, 5 and 6;

24.3(k) compliance with a written instruction issued by the Architect in connection

with disputes with neighbouring property owners provided always that the
same is not caused by negligence, omission, default and/or breach of contract
by the Contractor and/or Nominated Sub-Contractors;

24.3(1) by reason of the execution of work for which a Provisional Quantity is

included in the Contract Bills which in the opinion of the Architect is not a
reasonably accurate forecast of the quantity of work required;

24.3(m) failure of the Employer to give in due time entry to or exit from the Site or any
part through or over any land, by way of passage adjoining or connected to the
Site and in the possession or control of the Employer;

24.3(n) suspension by the Contractor of his obligations under Clauses 30.7 and 30.8;
and

24.3(0) suspension of the whole or part of the Works by order of an Appropriate

Authority provided always that the same is due to negligence or omission on
the part of the Employer, Architect or Consultant.

PAM Contract 2018 (With Quantities) 27

Loss a nd/or 24.4 Subject to the Contractor complying with Clause 24.1, the Architect or Quantity Surveyor
expense to be shall ascertain the amount of such loss and/or expense. Any amount so ascertained from
included in time to time for such loss and/or expense shall be added to the Contract Sum, and if an
certificate Interim Certificate is issued after the date of ascertainment, such amount shall be included
in the certificate.

25.0 Determination Of Contractor's Employment By Employer

Defaults by 25.1 The Employer may detennine the employment of the Contractor if the Contractor defaults
Contractor in any ofthe following:

25.l(a) if without reasonable cause, he fails to commence the Works in accordance

with the Contract;

25.l(b) if without reasonable cause, he wholly or substantially suspends the carrying

out ofthe Works before completion;

25.l(c) ifhe fails to proceed regularly and/or diligently with the Works;

25.l(d) ifhe persistently refuses or neglects to comply with an AI;

25.l(e) ifhe fails to comply with the provisions in Clause 17.O; or

25.l(f) ifhe has abandoned the Works.

Procedure for 25.2 Upon the occurrence of any default under Clause 25.1, and if the Employer decides to
determination detennine the Contractor's employment, the Employer or Architect on his behalf shall give
to the Contractor a written notice delivered by hand or by registered post specifying the
default. If the Contractor shall continue with such default for fourteen (14) Days from the
receipt of such written notice, then the Employer may, within ten (IO) Days from the expiry
of the said fourteen (14) Days, by a further written notice delivered by hand or by registered
post, forthwith determine the employment of the Contractor under the Contract. Provided
always that such notice shall not be given unreasonably or vexatiously.

Contractor's 25.3 In the event of the Contractor becoming insolvent or making a composition or arrangement
insolvency with his creditors, or have a winding up order made, or ( except for purposes of
reconstruction or amalgamation) a resolution for voluntary winding up, or having a
liquidator or receiver or manager of his business or undertaking duly appointed, or having
possession taken by or on behalf of the holders of any debentures secured by a floating
charge, or of any property comprised in or subject to the floating charge, the employment
of the Contractor shall be forthwith automatically detennined.

Rights and duties 25.4 In the event that the employment ofthe Contractor is determined under Clause 25.1 or 25.3,
of Employer and the following shall be the respective rights and duties of the Employer and Contractor:
Contractor
25.4(a) the Contractor shall vacate the Site and return possession of the Site to the
Employer who may employ and pay other Person to carry out and complete
the Works and to make good any defects. Such Person may enter upon the
Works and use all temporary buildings, construction plant, tools, materials and
goods intended for, delivered to and placed on or adjacent to the Site (except
those construction plant that is on hire by the Contractor) and may purchase all
materials and goods necessary for the carrying out and the completion of the
Works. The Contractor if so required by the Employer or by the Architect on
behalf of the Employer shall within twenty one (21) Days of the date of
determination, assign to the Employer the benefit of any agreement for the
continuation of the hire of construction plant and equipment already on the
Site;

25.4(b) the Contractor if so required by the Employer or Architect, shall within twenty
one (21) Days of the date of determination, assign to the Employer without
payment the benefit ofany agreement for the supply of materials, goods and/or
for the execution of any work for the purposes of the Contract to the extent
that the same is assignable;

PAM Contract 2018 (With Quantities) 28

 25.4(c) the Contractor when instructed in writing by the Architect shall remove from
the Works any temporary buildings, construction plant, tools, equipment,
materials and goods belonging to or hired by him. If within a reasonable time
after any such instruction has been issued to the Contractor, and he has not
complied therewith, then the Employer may without liability remove and sell
any such property belonging to the Contractor except those that are on hire and
hold the proceeds less all costs incurred to the credit of the Contractor; and

25.4(d) the Contractor shall allow or pay to the Employer all cost incurred to complete
the Works including all loss and/or expense suffered by the Employer. Until
after the completion of the Works under Clause 25.4(a), the Employer shall
not be bound by any provision in the Contract to make any further payment to
the Contractor, including payments which have been certified but not yet due
but excluding payments which have been certified and are due but remain
unpaid when the employment of the Contractor was determined. Upon
completion of the Works, an account taking into consideration the value of
works carried out by the Contractor and all cost incurred by the Employer to
complete the Works including loss and/or expense suffered by the Employer
shall be incorporated in a final account prepared in accordance with Clause
25.6.

Records of 25.5 The Architect or Quantity Surveyor shall within twenty eight (28) Days of the
Works determination of the Contractor's employment, give a written notice to the Contractor of
the date of inspection on Site to jointly record the extent of the Works executed and the
materials and goods delivered to the Site. TI1e Contractor shall provide all necessary
assistance to the Architect and Quantity Surveyor to perform their task. Upon completion of
the record by the Architect or Quantity Surveyor, a copy shall be sent to the Contractor and
such records shall form the basis for the evaluation of the value of the works executed and
materials and goods delivered to the Site by the Contractor up to the date of determination.

Final Account 25.6 The Architect or Quantity Surveyor shall within three (3) Months on the availability of the
upon final cost incurred to complete the Works, submit to the Employer and Contractor for their
determination agreement, a final account for all cost incurred to complete the Works including the sums
previously certified to the Contractor before the date of determination, Liquidated
Damages, set-off and all other loss and/or expense suffered.

25.6(a) If nothing in the said final account is disputed by the Employer or Contractor
within three (3) Months from the date of receipt of the final account from the
Architect or Quantity Surveyor, the final account shall be conclusive and
deemed agreed by the parties. If the amount in the final account exceeds the
total amount which would have been payable on completion in accordance
with the Contract, the difference shall be a debt payable to the Employer by
the Contractor or where applicable, the Employer may recover such sum from
the Performance Bond. If the said amount is less than the said total amount,
the difference shall be a debt payable to the Contractor by the Employer.

25.6(b) If either party has any dispute on the final account, the party disputing the final
account shall by written notice to the other party (with copies to the Architect
and Quantity Surveyor) set out any disagreement complete with particulars
within three (3) Months of the date of receipt of the final account from the
Architect or Quantity Surveyor. The Architect or Quantity Surveyor within
three (3) Months from the date of receipt of the grounds of dispute shall either
amend or not amend the final account. Any party dis<,1greeing with the
amended final account or decision not to amend the final account shall refer
the dispute to arbitration under Clause 37 .0 within three (3) Months from the
date of receipt of the amended final account or decision not to amend the final
account. Failure to refer the dispute to arbitration within the stipulated time,
the final account or amended final account shall deem to be conclusive and
agreed by the parties.

25.6(c) Any dispute on Liquidated Damages, set-off and interest which the Employer
is entitled to make under the Contract shall be referred to arbitration.

Remedy limited 25.7 Upon receipt of a written notice by the Contractor from the Employer to determine the
to damages only employment of the Contractor, the Contractor shall yield possession of the Site within
fourteen (14) Days from the receipt of the said written notice and shall remove his
personnel and labour force (but not construction plant, tools and equipment unless so
instructed by the Architect) from the Site. Irrespective of the validity of the said written
notice the Contractor's remedy shall be limited to compensation for damages only.

PAM Contract 2018 (With Quantities) 29

 27.2(h) that payment to Nominated Sub-Contractor shall be made within seven (7)
Days after the Period of Honouring Certificates and shall be subject to the
retention and deductions expressly provided under the PAM Sub-Contract
2018;and

27.2(i) that the Architect, Consultants and their authorised representatives shall have
the right of access to the workshops and other places of the Nominated Sub­
Contractor in accordance with the provisions of Clause 11.2 of the PAM Sub­
Contract 2018.

Objection to 27.3 Subject to Clause 27.4, the Contractor shall not be required to enter into a sub-contract with
nomination of any Nominated Sub-Contractor against whom the Contractor has made a reasonable
sub-contractor objection based on available known facts and documented evidence that the financial
standing or solvency or technical competence of the Nominated Sub-Contractor is such that
a prudent contractor, having regard to the scope of sub-contract works would be justified in
rejecting the nomination.

Action following 27.4 Where the Architect is of the opinion that the Contractor has made a reasonable objection,
objection of the Architect may either issue further written instructions to remove the objection so that
Nominated Sub­ the Contractor can enter into the sub-contract, or cancel such nomination instruction and
Contractor issue an instruction omitting the work which was the subject of the nomination instruction
or re-nominate another sub-contractor for the sub-contract works.

Payment by 27.5 The Architect shall direct the Contractor as to the total value of work properly execllted and
Contractor to include the percentage of the value of the materials and goods stated in the Appendix in the
Nominated Sub­ calculation of the amount stated to be due in any certificate issued under Clause 30.0, and
Contractors shall at the same time when the certificate is issued, inform the Nominated Sub-Contractor
in writing of the amount of the said total value. The sum representing such total value (less
any retention and deductions expressly provided under PAM Sub-Contract 2018) shall be
paid by the Contractor to the Nominated Sub-Contractor within seven (7) Days after the
Period of Honouring Certificates.

Failure of 27.6 The Architect may at any time before the issuance of any Interim and Penultimate
Contractor to Certificate, request the Contractor to furnish to him reasonable proof that all amounts stated
pay Nominated as due and included in the previous certificates have been discharged. The Contractor shall
Sub-Contractors provide such proof within fourteen (14) Days of the Architect's request. If the Contractor
has any reasons for withholding any Nominated Sub-Contractor's payments under Clauses
16.1 and 26.13 of the PAM Sub-Contract 2018, he shall provide the Architect written
details of his compliance. If the Contractor fails to comply with the Architect's request
within fourteen (14) Days, the Architect may (but not obliged to) issue a certificate stating
the amount in respect of which the Contractor has failed to provide such proof. Where the
Architect has so certified, the Employer may (but not obliged to) pay such amounts directly
to the Nominated Sub-Contractor and deduct the same from any sums due or to become
due to the Contractor. The Architect may issue the aforesaid certificate irrespective of
whether or not an Interim Certificate under Clause 30.0 is due for issuance.

Final payment to 27.7 If the Architect wishes to make final payment to any Nominated Sub-Contractor before
Nominated Sub­ final payment is due to the Contractor, and if the Nominated Sub-Contractor has
Contractors indemnified the Contractor against all of his liabilities under the Nominated Sub-Contract,
the Architect shall issue a certificate to the Contractor and the Contractor shall pay to such
Nominated Sub-Contractor the amount so certified less any retention and deductions
expressly provided under PAM Sub-Contract 20 I 8. Upon such final payment, the
Retention Fund shall be reduced by the sum of the retention released to the Nominated Sub­
Contractor.

Determination of 27.8 The Contractor shall not determine the employment of any Nominated Sub-Contractor
the Nominated without the written consent of the Architect. If the Contractor intends to determine the
Sub-Contractor's employment of the Nominated Sub-Contractor, the Contractor shall send to the Architect a
employment written report stating the Nominated Sub-Contractor's default with a copy to the
Nominated Sub-Contractor. The Architect may request that the Nominated Sub-Contractor
respond to the Contractor's report before he decides whether or not to give his written
consent.

Contractor's 27.9 The Contractor shall be fully responsible to ensure that all Nominated Sub-Contractors
responsibility for cany out the sub-contract works in accordance with the Nominated Sub-Contract and in
Nominated Sub­ compliance therewith provide designs (if any), materials, goods and standards of
Contractors workmanship of the quality and standard specified therein to the reasonable satisfaction of
the Architect.

PAM Contract2018 (With Quantities) 33

Employer no 27.IO Neither the existence of or the exercise of the foregoing provisions nor anything else
privity of contained in the Contract shall create a privity ofcontract between the Employer and any of
Contract with the Nominated Sub-Contractors.
Nominated Sub­
Contractors

Re-nomination of 27.11 If the employment of a Nominated Sub-Contractor is detennined by the Contractor with the
sub-contractor written consent of the Architect, the Architect shall re-nominate another N01ninated Sub­
due to contractor. In the event, the Contractor shall be entitled to be paid such difference (ifany)
determination by between the sum payable to the Contractor and the new Nominated Sub-Contractor and the
the Contractor sum payable to the previous Nominated Sub-Contractor after taking into consideration of
any sum that will be recoverable from the defaulting Nominated Sub-Contractor under
Clause 27.13. An extension of time under Clause 23.8U) may be granted to the Contractor
but the Contractor shall not be entitled to any damages, loss and/or expense.

Re-nomination of 27.12 If a Nominated Sub-Contractor determines his own employment under the Nominated Sub­
sub-contractor Contract due to negligence, omission, default or breach of the Contractor, the Architect
due to shall re-nominate another Nominated Sub-Contractor. In the event, the Contractor shall be
determination by paid the same sum as would have been payable to the previous Nominated Sub-Contractor.
the Nominated The Contractor will be liable to pay the new Nominated Sub-Contractor any additional cost
Sub-Contractor to complete the Sub-Contract Works and to pay the Employer for all additional costs
incurred in re-nomination and loss and/or expense suffered by the Employer by such
determination. The Contractor shall not be entitled to any extension of time unless and until
the Contractor has established that the determination by the Nominated Sub-Contractor of
his own employment is invalid. In the event the determination by the Nominated Sub­
Contractor of his own employment has been established to be invalid by arbitration or
litigation, Clause 27.11 will apply.

Contractor to 27.13 In the event the Architect consents to determine the employment of the Nominated Sub­
recover Contractor under Clause 27.11, the Contractor shall recover all additional expenses
additional (including any additional expenses incurred by the Employer) from the Nominated Sub­
expenses from Contractor as a debt or from any monies due or to become due to the Nominated Sub­
Nominated Sub­ Contractor and failing which, the Contractor may recover such sum from the Nominated
Contractor Sub-Contractor's Performance Bond.

Contractor 27.14 Where the Contractor carries out works for which P.C. Sums and Provisional Sums are
permitted to included in the Contract Bills, the Contractor shall be permitted to tender for the same. If
tender for P.C. the tender ofthe Contractor for such work is accepted, it shall be considered as a Variation
Sums and tl1e Contractor shall not be entitled to profit and attendance charges as priced under the
relevant P.C. Sum, notwithstanding the provision of Clause 30.11(c).

TI1e Architect may omit any P.C. Sums, which are included in the Contract Bills, provided
prior consent of the Contractor has been obtained. The Employer shall only be permitted to
award the works related to such P.C. Sums to any other contractors with the consent of the
Contractor.

28.0 Nominated Suppliers

P.C. Sums and 28.1 The following provisions of this clause shall apply where P.C. Sums are included in the
Provisional Sums Contract Bills or arise as a result ofan AI given in regard to the expenditure ofProvisional
-Nominated Sums in respect of Person to be nominated by the Architect to supply any materials and
Suppliers goods to be fixed by the Contractor. Such Person as the Architect shall instruct is referred
to as "Nominated Supplier".

Nominated 28.2 The Architect shall not nominate any Person as a Nominated Supplier against whom the
Suppliers and Contractor makes a reasonable objection in accordance with Clause 28.3. The Contractor
their obligations shall make such reasonable objection in writing not later than fourteen (14) Days from
receipt of the nomination instruction from the Architect. The Architect shall not nominate
(except where the Architect and Contractor otherwise agree) any Person who will not enter
into a contract ofsale which provides inter alia:

28.2(a) that the materials and goods to be supplied shall be ofthe quality and standard
specified, provided always that where approval of the quality and standard of
material is a matter ofopinion of the Architect, such quality and standard shall
be to the reasonable satisfaction of the Architect;

PAM Contract 2018 (With Quantities) 34

 29.0 Works By Craftsmen, Tradesmen Or Other Contractors Employed Or Engaged By
Employer

Works by 29.1 The Contractor shall permit the execution of work not forming part of the Contract on the
Employer's Works by craftsmen, tradesmen or other contractors engaged by the Employer. Such
craftsmen craftsmen, tradesmen or other contractors engaged by the Employer shall be deemed to be a
Person for whom the Employer is responsible and not to be a sub-contractor of the
Contractor.

30.0 Certificates And Payment

Payment 30.l The Contractor shall submit a payment application at the Interim Claim Interval stated in
application and the Appendix with complete details and particulars as required by the Architect and
issuance of Quantity Surveyor, to enable them to consider and ascertain the amount to be included in an
Architect's Interim Certificate. Upon receipt of the Contractor's details and particulars, the Architect
certificate after having received the payment valuation from the Quantity Surveyor shall, within
twenty one (21) Days from the date of receipt of the Contractor's application, issue an
Interim Certificate to the Employer with a copy to the Contractor, and the Employer shall
thereafter pay the amount certified to the Contractor within the Period of Honouring
Certificates. Any failure by the Contractor to submit a payment application shall be deemed
to be a waiver of his contractual entitlement for that Interim Certificate, and the Architect
may or may not issue an Interim Certificate under the circumstances. After the issuance of
the Certificate of Practical Completion, Interim Certificates shall be issued as and when
further amounts are ascertained by the Architect and Quantity Surveyor as payable to the
Contractor by the Employer.

Amount due in 30.2 The amount stated as due in an Interim Certificate shall, subject to any agreement between
Architect's the parties as to stage payments, be the total value of the work properly executed and
certificate include the percentage of the value of materials and goods stated in the Appendix up to the
date of the Contractor's payment application less any amount which may be retained by the
Employer under Clauses 30.5 and 30.6 and, less the amounts previously certified under
Clause 30.1. The materials and goods must be for incorporation into the permanent works
and have been delivered to and properly stored at the Site and be protected against loss,
damage or deterioration, and be in accordance with the Contract. The certificate shall only
include the value of materials and goods which are reasonably, properly and not
prematurely brought to the Site.

Errors in 30.3 Save for clerical, computational or typographical error or errors of a similar nature, the
payment Architect shall not be entitled to revise or correct any payment certificate issued by him
certificate under the Contract. Provided always that the Architect may, by a later certificate, make
correction or modification in respect of any valuation errors in any earlier certificate.

Set-off by 30.4 The Employer shall be entitled to set-off all cost incurred and loss and expense where it is
Employer expressly provided under Clauses 2.4, 4.4, 5.1, 6.5(e), 6.7, 14.4, l5.3(b) l5.3(c), 15.4, 15.5,
19.5 and 20.A.3. No set-off under this clause may be made unless:

30.4(a) the Architect or Quantity Surveyor (on behalf of the Employer) has submitted
to the Contractor complete details oftheir assessment ofsuch set-off; and

30.4(b) the Employer or the Architect on his behalfhas given the Contractor a written
notice delivered by hand or by registered post, specifying his intention to set­
off the amount and the grounds on which such set-off is made. Unless
expressly stated elsewhere, such written notice shall be given not later than
twenty eight (28) Days before any set-off is deducted from any payment by the
Employer.

Any set-off by the Employer shall be recoverable from the Contractor as a debt or from any
monies due or to become due to the Contractor under the Contract and/or from the
Performance Bond.

If the Contractor after receipt of the written notice from the Employer or the Architect on
his behalf, disputes the amount or part of the amount of set-off, the Contractor shall within
twenty one (21) Days of receipt ofsuch written notice, send to the Employer delivered by
hand or by registered post a statement setting out the reasons and particulars for such
disagreement. If the parties are unable to agree on the amount or part of the amount ofset­
off within a firrther twenty one (21) Days after the receipt of the Contractor's response,
either party may refer the dispute to adjudication under Clause 36.0.

PAM Contract2018 (With Quantities) 36