93487726-Different-PAM-2006-JKR-2007.doc

THE DIFFERENCE BETWEEN JKR/PWD AND PAM CONTRACT JKR/PWD

PAM

- Standard form of contract for government and public sector project.

- Standard form of contract for private sector and traditional general contract

- JKR/PWD covered all building and engineering work.

- PAM covered building work only.

- Standard form for JKR/PWD are : I. 203 (Rev 10/83) – without quantities II.

203A (Rev 10/83) – with quantities

III.

203N (Rev 10/83) – for NSC

IV.

203P (Rev 10/83) – for nominated suppliers

V.

PWP Form DB/T (2000 Edn) For Design And Build Turnkey Contracts

I. II.

Miscellaneous : CIDB Form for building contracts 2000 Edn Modified JKR/PWD Forms, eg LPK, MHA etc

- PAM contract not covered I. Engineering construction contract (other than building II. Package deal / Turnkey III. Management type IV. Domestic subcontract V. Serial contract VI. Periodic /Term contract VII. Continuation control VIII. Other miscellaneous contract - Standard form for PAM : (Building Works) I. PAM 98 – with quantities II.

PAM 98 – without quantities

III.

PAM NSC 98

ISSUES PERIOD OF INTERIM CERTIFICATE

ISSUE OF INTERIM CERTIFICATE OF SITE VALUATION

PERIOD OF HONOURING THE CERTIFICATE

ISSUING PERSON

AMOUNT TO BE PAID

CONTRACT FORM

PWD 203A

One month [Clause 47(a)]

14 days after site valuation [Clause 47 (b)]

30 days from the date of the issuance of the Interim Certificate [Clause 47(d)]

Superintending Value of Officer (S.O) Work Done + 90% Material On Site

PAM 1998

One Month [Clause 30.2)

Upon the receipt of Contractors details and particulars [Clause 30.2]

14 days from the date of the issuance of Interim Certificate [Clause 30.2]

Architect

Value of Work Done + 90% Material On Site

DIFFERENCE BETWEEN CONTRACT FORM JKR 203A & PAM PWD 203A Standard Form of Contract (Ed.1983) This form of contract contain no expressed provision that allows the Contractor to suspend the works if his payment was unduly delayed or he is not getting his payment at all. In the PWD203A Form of Contract (2007), it is stipulated that the period for honouring the certificate is 30 days from the date of the issuance of the certificate. Clause 30.1 of the PAM Form of Contract (2006) stated that the period of honouring certificate is within 21 days after the issuance of the certificate. Any payment made later than the stipulated time frame can be considered as late or delayed payment PAM Form of Contract 1998 There is no express provision that permits the Contractor to suspend his work when he is not paid or his payment was not forthcoming in due time after receiving the Interim Certificate. Clause 25(1) (ii) and Clause 23.4 state that the Contractor is to proceed regularly and diligently and he is to use his best endeavours to prevent delay. The clauses clearly demand the Contractor to show a good performance and continue with the work to prevent disruption to the progress of the project. PAM Form of Contract 2006 But the new PAM 2006 contains provision that give the Contractor to suspend the progress of work if the Contractor is faced with problem of delayed or non payment by the Employer. It is clearly stated in clause 30.7. But it requires the Contractor to give a written a notice to Employer with reason to suspend the works until the Employer has paid the amount due to the Contractor