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SOP 1 - PRELIMINARIES AND GENERAL CONDITIONS 1 R1
DESCRIPTIONS RM
PRICING OF PRELIMINARIES
a) The Preliminary Items as set out herein shall apply to the whole of the Works
contained in this Contract Documents and the Contractor must allow for complying
with the same and for any cost incurred in connection therein.
b) The amounts inserted by the Contractor for such Preliminary Items shall be
deemed to apply to the whole of the Works carried out under this Contract.
c) Each Preliminary Item or Clause shall be individually priced in Black Ink. Bulk
pricing for sections, trades, groups or pages of Preliminary Items or Clause shall not
be accepted and no subsequent claims for loss of expenses and/or profit shall be
entertained for failure to comply with this clause.
d) Where any Preliminary Item or Clause is left unpriced, it shall be deemed that
the cost of such Preliminary Items or Clauses have been allowed for elsewhere
within these Bills of Quantities. No subsequent claims arising out of expenses
and/or loss incurred against such unpriced Preliminary Item or Clause shall be
entertained.
e) Notwithstanding the above clauses, the Consultant Quantity Surveyor reserves

the right to request from the Contractor the detailed breakdown of the pricing for
Preliminary Items or Clauses for examination and approval. The approved detailed
breakdown pricing of which shall then be used as a basis for the preparation of
monthly interim valuations.
f) The Contractor shall be held to have checked the number of each Page and
read through all the clauses or items of these Bills of Quantities as NO claims for
expenses and/or loss consequent upon the Contractor's failure to observe this
clause shall be entertained.
g) Headings are not comprehensive and do not modify the meaning of the items
or clauses in these Bills of Quantities.
h) Where Preliminary Items or Clauses as appearing in the Preliminaries and

General Conditions of Contract which are priced but have not been executed on site
by the Contractor, the cost of such priced items or clauses shall be deducted
accordingly from the Contract Sum by the Quantity Surveyor or when instructed by
the Architect.
i) Where Preliminary Items or Clauses as appearing in the Preliminaries and

General Conditions of Contract which are not priced but deemed to have been
allowed for elsewhere within this Contract Documents but have not been executed
on site by the Contractor, the Quantity Surveyor, or when instructed by the Architect,
may make fair and reasonable assessment of the cost of such unpriced items and
deduct accordingly from the Contract Sum
20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

DESCRIPTIONS RM
j) Prior to commencement of the Works the Contractor shall agree with the
Architect/S.O. the mode of interim payments during the progress of the Works
including whether items are:-
(1) time related, and if so over what period
(2) lump sum items, and if so when they become payable
(3) a combination of (1) and (2)
If not agreed prior to commencement of the Works the mode of payment shall be
determined by the Architect/S.O.
k) Interim payments in respect of priced preliminary items shall be based on the

proportion of work done
l) The Architect/S.O. shall have the right to withhold payment against preliminary
items, in whole or in part, where facilities provided are inadequate or are not in
accordance with the contract requirements
m) Payments made shall not constitute approval of the work by the Architect/S.O.
and shall not relieve the Contractor of his obligations under the Contract
GENERAL
(a) Binding Effect of Bills
All directions, instructions, amplifications, requirements and supplemental terms

["Requirements"] contained in this Preliminaries and General Conditions shall form
part of the contract ["Contract"] between the Employer and the successful tenderer
["Contractor"] and the Contractor shall ensure that contracts with any and all Sub-
Contractors shall contain the same Requirements and that the Sub-Contractors
shall comply with the same.
(b) Nature of Site & Scope of Works
The Contractor shall take particular cognizance of the nature of the Site and the
scope of the Works and provide for the same in the rates, prices and time periods
specified in the Contractor's tender.

DESCRIPTIONS RM
(c) Contractor's Responsibility to Cost and Price
It is hereby specifically stated that the Contractor's prices and rates shall be
deemed to include all cost and expense howsoever arising from and/or incidental to
the carrying out of the Works in strict accordance with the terms and conditions of
the Contract, including but not limited to the following:-
i] The provision of multiple work gangs, suitable equipment, plant and machinery,
suitable construction methods, techniques and procedures and weekend, holiday
and night work.
ii] The need to make applications from time to time to the Proper Authorities for
Approvals and the Authority's Requirements.
iii] The requirement of the Proper Authorities that the public and/or the servants,
representatives and agents of the Proper Authorities may be entitled to full or partial
access and egress through, over and under the Works or parts thereof from time to
time during the progress of the Works.
(d) Contractor's Responsibility to Provide for Accurate Time and Float Periods
All time periods specified by the Contractor shall be deemed to include sufficient
float times for all contingencies (including but not limited to the factors mentioned in
sub-paragraph (c) above) are duly incorporated into the Contractor's time periods to
carry out the Works.
(e) No Additional Claims
In the circumstances, the Contractor shall be deemed to have priced, allowed for
and/or included in the Contractor's tender all cost, expense and time periods
sufficient to cater for all contingencies and required for the due completion of the
Works in strict compliance with the completion date, terms and conditions of the
Contract.
It is particularly to be noted that save where the Contractor shall have made specific
stipulations for inclusion in the tender or where specifically provided for by the terms
and conditions of the Contract, the Contractor shall not be entitled to make any
additional claims for payment and/or extension of time.
(f) Architect's Prior Approvals
Further thereto it is to be noted that where the Contractor shall be required by the
terms and conditions of the Contract to obtain the prior approval of the Architect
and/or the relevant Consultants or where the Architect and/or the Consultants are of
the opinion that the Contractor has not strictly complied with the Approvals, the
Authority's Requirements and/or the terms and conditions of the Contract, the
Architect and/or the Consultants shall in such events be entitled to require the
Contractor to do all such things, acts and/or deeds or take such further steps and/or
measures to ensure strict compliance thereto.

DESCRIPTIONS RM
All such Architect's or Consultants' instructions shall not howsoever be read,

interpreted or deemed to be a variation, change or addition to the Contract and the
Contractor shall not be entitled to make any additional claims for payment and/or for
extension of time to carry out the aforementioned instructions.
Further thereto, all such Architect's or Consultants' instructions shall not howsoever
be read, interpreted or deemed to be acts of waiver, forbearance or be deemed to
relieve the Contractor of any of the Contractor's obligation, responsibility and/or
liability for the strict compliance of all Approvals, the Authority's Requirements
and/or the terms and conditions of the Contract.
DEFINITIONS
(a) In these Tender Documents the following words and expressions shall have the
meanings hereby assigned to them except where the context otherwise requires:
(i) "Authority's Requirements" means all those guidelines, rules, regulations,

conditions and/or standards as may be imposed or to be imposed from time to time
by the Proper Authorities for the carrying out of the Works or parts thereof including
but not limited to the standards of safety precautions and measures to be effected
and undertaken, the time periods during which the Works or parts thereof may be
carried out by the Contractor and/or any other requirement imposed or required by
the Proper Authorities.
(ii) "As described" means as described in the Drawings, Plans, Specifications and/or
the Tender Documents.
(iii) "Week" means calendar week;
(iv) "Authorities" and "Proper Authorities" means all those government, semi-
government bodies and departments and/or the like duly empowered to regulate,
control and/or approve the various activities required or necessary for the Works or
parts thereof, including but not limited to all the various relevant federal, state and
statutory bodies, local authorities, supply authorities, fire and safety departments.
Where appropriate "Authorities" and "Proper Authorities" shall also mean all those
parties duly empowered to regulate, control and/or approve the various activities
required or necessary for the Works or parts thereof, on Utility Services lands.
"Laws" means all laws, by-laws, statutory enactments, rules and regulations
imposed and/or to be imposed by the Proper Authorities.
"Neighbouring Areas" means all such Public Places, Streets, Utility Services,
buildings, structures, surrounding and proximate to the Site currently existing,
currently under construction or to be constructed during the period of the Contract.

DESCRIPTIONS RM
(v) "Public Place/s" and "Street/s" shall have meanings prescribed by the Local
Government Act.
(vi) "Utility Services" means all electricity services and systems, traffic and street
lights services and systems, telephone and other telecommunication services and
systems, water, drainage and sewerage services and systems, including but not
limited to all the sub-stations, wires, cables, pipes, ducts, drains, culverts and the
like comprised in such systems.
(vii) "Utility Services lands" means all those lands on which Utility Services currently
exist or are reserved by the Proper Authorities for intended or future Utility Services.
(viii) The words "Rates", "Schedule of Rates" or "Contract Rates" wheresoever

mentioned in the Contract shall be used for the purpose of valuing variations.
(ix) "Site Staff" shall mean the Resident Architect, Resident Engineer, Clerk of
Works and such other representatives as the Employer shall appoint to be resident,
whether full or part time, on Site.
(x) Words importing the singular only shall also include the plural and vice versa
where the contract requires;
(xi) The words "including" or "include" shall be construed without limitation.
CONTRACT
The Contract as defined above shall be read and construed as a whole and save
where expressly provided for otherwise, no special precedence of priority other than
that accorded by general law shall apply to any or any group of documents. Save
where specifically provided for otherwise the contra preferment rule shall not apply.

DESCRIPTIONS RM
PARTIES
a) "Employer" means Messrs. TERAS ZAMAN SDN BHD, Lot G-01, Ground Floor
Tower B, PJ City Development, 15A, Jalan 219 Seksyen 51A, 46100 Petaling Jaya,
Selangor Darul Ehsan
b) "Architect" means Messrs. ARCHITECTS AVENUE SDN BHD, 15-2, Jalan

Temenggung 5/9, Bandar Mahkota Cheras, 43200 Cheras, Selangor Darul Ehsan
c) "Civil & Structural Engineer" means Messrs. PERUNDING AMORI (PUCHONG)

SDN BHD, 31-03, Jalan Kenari 19A, Bandar Puchong Jaya, 47100 Puchong,
Selangor Darul Ehsan.
d) "Mechanical & Electrical Engineer" means Messrs. ARSY ENGINEERS SDN

BHD, 5-2, Jalan USJ 9/5M, Subang Business Centre, 47620 Subang Jaya,
e) "Landscape Architect" means Messrs. DENAI ILHAM SDN BHD, No 911D,

Jalan Desa Utama, Taman Desa, 58100 Kuala Lumpur.
f) "Quantity Surveyor" means Messrs. VINCENT TAN ASSOCIATES, D-2-52,

Block Dahlia, 10 Boulavard, Lebuhraya Sprint, PJU 6A, 47400 Petaling Jaya,
g) "Contractor" means the person or persons, firm or company whose tender has
been accepted by the Employer and includes the Contractor's authorised
representatives, successors and permitted assigns.
The parties identified above inclusive and Specialist Consultants, together with such
other specialists or professionals as may be appointed from time to time by the
Employer or the Architect shall be collectively referred to as the "Consultants".

DESCRIPTIONS RM
ABBREVIATIONS
(a) In these Tender Document the following abbreviations shall have the meanings
hereby assigned to them:-
Ha ( Hectare )
M3 ( Cubic Metre )
M2 ( Square Metre )
M ( Linear Metre )
mm ( Millimetre )
Nr ( Number )
Prs ( Pairs )
Oz ( Ounce Avoirdupois )
Lbs (Pounds Avoirdupois )
Ton ( Imperial Ton )
Tonne ( Metric Ton )
Kg ( Kilogramme )
KN ( Kilonewton )
F.C. ( Foot Cube )
Y.C. ( Yard Cube )
F.S. ( Foot Super )
Y.S. ( Yard Super )
F.R. ( Foot Run or Foot Lineal )
Y.R. ( Yard Run or Yard Lineal )
S.W.G. ( Imperial Standard Wire Gauge )
B.G. ( Birmingham Gauge )
B.S. ( British Standard )
M.S. ( Sirim Standard )
A.S. ( Australian Standard )
For the purpose of conversion, 1 inch equals to 25.4mm and 1 foot equals to
304.8mm.
ALTERNATIVE TENDERS
Provision has been made in the Final Summary to these Bills of Quantities for the
submission of:-
(i) ALTERNATIVE TENDER “A” - Based on the works to be completed

within Employer’s fixed completion time.
(ii) ALTERNATIVE TENDER “B” - Based on the works to be completed

within Contractor’s proposed completion time.

DESCRIPTIONS RM
LOCATION OF THE WORK
The location of the Works includes but not limited to Public Places, Streets, Utility
Services lands, government owned or government controlled lands surrounding the
site for Lot 123225 & Lot 123226 (Lot Asal 11056) D/A Jalan Sungai Jati, Mukim
Klang, Klang Bandar Diraja, Selangor Darul Ehsan.
The Contractor shall be deemed to have ascertained the full and complete extent of
the Works and the Site upon which the Works are to be effected.
SCOPE OF WORKS
(a) The scope of works is Piling and Pilecap Works For Cadangan
Pembangunan 588 Unit 3 Blok Apartment 8 Tingkat Yang Mengandungi:
(i) Apartment Kos Rendah Block A (120 Unit)
(ii) Apartment Kos Sederhana Rendah (150 Unit)
(iii) Apartment Kos Sederhana (180 Unit)
(iv) Apartment Kos Sederhana Tinggi (136 Unit)
(v) Ruang Perniagaan (2 Unit)
(vi) 2 Unit Pencawang Elektrik
(b) The extent, nature and scope of the Works may be gauged from the
accompanying Tender Drawings and Specifications. The construction drawings will
be provided at a later stage.
(c) Specialist works like Mechanical and Electrical works are included in the
Contract as Prime Cost Sums.
(d) The Contract shall be a Fixed Price Contract based on Bills of Quantities and
Drawings. The Contract Rates shall be used for the purpose of evaluating
variations.
(e) Provided Always that save and except items specified by under this section, all
other items in the Preliminaries and General Conditions shall not be subject to any
remeasurement or adjustment.

DESCRIPTIONS RM
COMPLIANCE WITH CONSTRUCTION INDUSTRY DEVELOPMENT BOARD

"CIDB" REQUIREMENT
The Contractor must be registered with CIDB and hold a current and valid certificate
of registration from CIDB and shall ensure that the Contractor shall comply at all
times with all the various rules and regulations imposed by the CIDB with respect to
inter alia the registration and/or certificate of skilled workers and supervisors.
Where registration has not been formally effected with the CIDB, the Contractor
must show documentary evidence that the Contractor has made the necessary
application for registration and that such registration has been approved by the
CIDB in principle and that the registration is only an issue of formality.
The Contractor must ensure that all the rules and regulations of CIDB including but
not limited to the rules pertaining to the payment of fees, levies and/or contributions
have been complied with the prior to the commencement of any works.

DESCRIPTIONS RM
TIME & COMPLETION
(a) Time wheresoever mentioned shall be of the essence and shall be strictly
complied with and adhered to by the Contractor.
(b) The Contractor shall note that Liquidated Damages as provided and shown in
the Appendix to the Schedule of Conditions shall be charged against the Contractor
for any delay in the Completion of the Works.
SOIL INVESTIGATION
(a) Soil reports are provided for INFORMATION AND GUIDE ONLY at the time of
tender. The Contractor shall and is deemed to have made their own independent
sub-soil investigation of the Site and Neighbouring Areas prior to or at the time of
tender. The Contractor shall and is deemed to have entered into the Contract
relying on their own sub-soil investigation and not in reliance upon any information
provided or representation made by the Employer, the Architect, the Consultants or
any other parties acting or purporting to act on their behalf.
(b) The Contractor shall and is deemed to have allowed for additional sub-soil
investigation during the progress of the Works in the Contractor's rates and prices.
STAMP DUTY
a) The Contractor shall price in the stamp duty amount according to the rate
currently in force as set by the authourity
b) The Contractor shall send the Contract Documents for stamping and the
Contractor shall pay the stamp duty amount in the form of bank draft or money
order in the name of the authourity.
c) The Contractor must show proof that payment for stamp duty has been made.
The Contractor shall distribute the Contract Documents to the Client and
Consultants.

DESCRIPTIONS RM
INSPECTION & CONDITION OF SITE
(a) The Contractor shall be deemed to have prior to or at the time of tender
inspected and examined the Site and the Neighouring Areas thereto. The
Contractor shall be absolutely responsible for establishing the nature, position of,
means of communication with, access to, egress from, the required security
arrangements for, the extent and scope of the Works to be carried out, the nature of
the ground and sub-soil of the Site, the location and markings of all existing Utilities
Services and the types of materials to be excavated from the Site.
The Contractor shall having due regard to the nature of the Site and the scope of
the Works, be deemed to have ascertained all the following:-
i] All facilities for the storage, accommodation and moving of any materials,
equipment, plant, machinery and all other relevant matters and things necessary for
the Works.
ii] All the necessary safety precautions and measures to be undertaken with respect
to risks and contingencies arising from or incidental to the execution and completion
of the Works.
(b) Before the commencement of Works, the Contractor shall be deemed to have
checked all the actual levels and dimensions at the Site against those shown on the
Drawings. In the event of any discrepancy, the Contractor shall by written notice
inform the Architect of all particulars and details of such discrepancy.
(c) The Contractor shall allow for the surfacing of the Site with quarry dust, hardcore
or other suitable material to facilitate the movement of any material, equipment,
plant and machinery within the Site including any excavated areas.
(d) The Contractor shall appraise carefully all matters expected to be encountered
and any special requirements needed by reasons of the nature of the Site and the
scope of the Works. It shall be the Contractor's duty to ascertain with precision and
certainty all the requirements, safety precaution and/or measures to be taken or
effected, prior to commencement and/or in the execution of the Works.
(e) It shall be a condition of the Contract that the Contractor shall strictly comply with
and adhere to all the instructions, rules, guidelines and/or conditions stated in the
Approvals and the Authority's Requirements or any other such requirements as may
be imposed from time to time by the Proper Authorities with respect to the Works.

DESCRIPTIONS RM
SCHEDULE OF EXISTING UTILITY SERVICES
The Contractor shall note that extensive Utility Services exist on or abouts the Site
and that any disruption of the same will have serious consequences in terms of
legal liability and public convenience.
The Contractor shall be solely liable and responsible to identify the location and
levels of all existing Utility Services on and surrounding the Site and to ensure that
save where provided for by the Contract these Utility Services shall not be
damaged, interrupted or disrupted in any manner whatsoever. In the circumstances,
the Contractor shall prior to the commencement of Works, do all the following:-
i] Obtain all the plans, drawings and clarifications from the Proper Authorities
necessary to identify the location and levels of all existing Utility Services on and
surrounding the Site.
ii] The location and levels of all existing Utility Services shall be clearly marked on
Site and thereafter recorded in a schedule ("Schedule of Existing Utility Services")
iii] The location of all sub-stations, reservoirs and the like shall be identified in the
Schedule of Existing Utility Services as "high risk" areas.
iv] in the event that there shall be any uncertainty with respect to the location or level
of any Utility Services or the Contractor shall have reason to suspect the existence
of a previously unrecorded Utility Service especially around high risk areas, the
Contractor shall on the Contractor's own accord or as instructed from time to time
by the Architect or the relevant Consultants carry out "pilot trenching" works to
locate the same at the Contractor's sole cost and expense.
v] The Schedule of Existing Utility Services shall be subject to the approval of the
Architect and relevant Consultants.

DESCRIPTIONS RM
DIVERSION OF EXISTING WORKS & SERVICES
(a) By reason of the nature of the Site it is anticipated that the Contractor shall
encounter various existing works in the form of existing structures, light and
electricity systems, road systems, water reticulation, drainage and sewerage
systems, telephone and communication systems, other utility services and the like,
both above and underground (“Existing Works”).
(b) Upon encountering any Existing Works as may impact on or affect the Works in
that the Existing Works may have to be diverted, re-routed, relocated, realigned,
interrupted or howsoever otherwise changed and/or varied (“Diversion Works”) the
Contractor shall be required to do the following:-
i) Inform the Employer, the Architect, the relevant Consultant and the Proper
Authorities by written notice.
ii) The Contractor shall conduct all such relevant searches and/or make the relevant
inquiries at the Proper Authorities as the situations and/or circumstances shall
dictate.
iii) The Contractor shall take all immediate steps to minimise and control any and all
adverse impact and/or effects on the Works, including but not limited to the making
of all reasonable proposals and/or suggestions to the Architect and the relevant
Consultant with respect to the measures and steps to be taken to so minimise,
control and/or overcome any and all adverse impact and/or effects.
(c) Provided Always that the Contractor shall not be entitled to any claim for any
cost or time howsoever arising from and/or incidental to any Diversion Works
caused or brought about by the following:-
i) Diversion Works that should have reasonably have been anticipated and/or
foreseen by a due and diligent Inspection of the Site and/or perusal of the various
plans and specifications to the Works.
ii) Diversion Works arising from and/or incidental to existing Utility Services that
have or should have been identified by the Contractor.
d) Diversion Works shall include:-
i) All works required to divert, reroute, relocate, realign, restructure or howsoever

otherwise change and/or vary any part or parts of the Existing Works so as to
enable the commencement and/or completion of the works.

DESCRIPTIONS RM
For the avoidance of doubt, Diversion Works shall include such as may be
necessary to completely relocate and/or resite Existing Works from its existing site
to a new site.
ii) For the avoidance of doubt, the Diversion Works shall include all incidental works
like the hacking, adjusting, realignment, relocation, replacement, reinstatement and
replacement of all pavements, roads, kerbs, drains, sump covers, manholes,
markers, signs and the like affected by the Diversion Works, with materials of like
nature and quality.
iii) All works (including all preparatory works) arising from and/or incidental to the
Diversion Works, including but not limited to the following:-
All communications and/or meetings with the Architect, relevant Consultant, the
Proper Authorities and/or any other relevant party.
All applications to the Proper Authorities for the consent, permission, approval
and/or directions to carry out and/or effect the Diversion Works and the due
compliance with any and all directions and/or conditions imposed by the Proper
Authorities.
The preparation and production of the Contractor’s work strategy, work methods
and logistic planning.
The procurement of all the necessary materials, equipment and labour, including
the taking on of additional skilled workers and/or professionals with the necessary
expertise required for the Diversions Works.
All safety measures to be taken and/or effected with respect to the Diversion
Works.
(e) The Architect and/or the relevant Consultant shall have similar authority over the
Diversion Works as if the same were part of the Works.

DESCRIPTIONS RM
UNDERGROUND SERVICES
If the Contractor damages any underground services he shall be liable for all delays
and additional costs incurred in rectifying the damage. Notwithstanding any
information provided by the Employer in respect of underground services the
Contractor shall indemnify the Employer against any expense, liability, loss, claim or
proceedings arising from damage to underground services.
If during the Works the Contractor discovers any underground services, he shall
immediately notify the relevant Authorities and the Architect. If the services do not
need to be permanently diverted to complete the Works and the finished design of
the Works does not need to be varied to accommodate the services then the
Contractor shall carry out the Works in such manner and sequence necessary to
complete the Works in accordance with the Contract, subject to the approval of the
Architect and the requirements and approval of the relevant Authorities including the
temporary disconnection and/or diversion of such services as may be necessary. It
shall not be grounds for any adjustment to the Contract Sum nor adjustment to time
under the Contract.
If the services need to be permanently diverted to complete the Works and/or the
finished design of the Works needs to be varied to accommodate the services then
the Architect shall issue a Variation instruction accordingly.
JOINT INSPECTION OF NEIGHBOURING AREAS/ DILAPIDATION SURVEY

(a) Prior to the commencement of Works, the Contractor shall employ an approved
Specialist to carry out a dilapidation survey and arrange for a joint inspection of the
Neighbouring Areas with the Sub-Contractors, the private owners of the
Neighbouring Areas, the Proper Authorities, the Employer's representative/s, the
Architect and the insurance company/ies.
The Contractor shall prepare a schedule recording the condition of the

Neighbouring Areas and photographs shall be taken of fittings and finishes, walls,
floor slabs, aprons, etc. ("Record of Condition").
(b) The Contractor shall thereafter remit copies of the Record of Conditions to the
respective owners and/or parties for their confirmation and acknowledgment. The
Contractor shall from time to time arrange for regular joint inspection to ascertain
the conditions of the Neighbouring Areas.

DESCRIPTIONS RM
CONTAINMENT OF DAMAGE TO NEIGHBOURING AREAS

(a) The Contractor shall do all things, acts and deeds as may be necessary to
ensure that the Works shall not cause any vibration and/or disturbance giving rise to
any loss, damage and/or risk (including personal injury and death) to the
Neighbouring Areas.
(b) The Contractor shall do all things, acts and deeds to minimise and reduce all
noise, vibration, dust and/or any other disturbance caused by the Works, including
but not limited to the installation of dust sheets, temporary screens, partitions and/or
the like and shall take all such preventive measures necessary for the mitigation of
noise, vibration, dust and disturbance.
(c) In the event of any risk of possible loss, damage and/or risk to Neighbouring
Areas, the public and/or vehicles due to the Works or the methods of construction
adopted for the Works, the Contractor shall immediately do all such things, acts and
deeds as may be necessary to ensure the safety and to protect of the same,
including but not limited to shoring-up, underpinning and/or constructing additional
supports at the sole cost and expense of the Contractor.
Provided Always that all the aforementioned shall be subject to the prior approval of
the Architect and the Proper Authorities.
The Contractor shall from time to time make regular checks and inspections on the
structural soundness of the Neighbouring Areas.
The Contractor shall indemnify the Employer against any claims in respect of
damages to adjoining buildings and structures caused by the building operations. All
such claims shall be paid direct by the Contractor. If for any reason such claims are
paid by the Employer then the amount paid in respect of such claim may be
recoverable as a debt from the Contractor or the Employer may deduct such
amount from any monies due or to become due to the Contractor under this
Contract. Alternatively the Contractor shall make good such damage where agreed
by all the other parties concerned.
AREA OF OPERATIONS
(a) Save for any areas as may be provided by the Employer to the Contractor by
separate agreement, the Contractor's working area shall be strictly confined within
the boundaries of the Site and the Contractor shall at all times ensure that all the
Contractor's temporary buildings, storage areas, materials, equipment, plants and
machinery shall be kept at permitted assigned areas approved by the Architect
and/or the Proper Authorities.
(b) The Employer may from time to time make available areas of the Project Site at
the discretion and upon the terms and conditions of the Employer for the use of the
Contractor. PROVIDED ALWAYS that such agreements shall be separate and
distinct from the Contract.
(c) The Contractor shall be solely liable and responsible for the payment of all rates
and compensation imposed by the Proper Authorities with respect to the Works and
the Site.

DESCRIPTIONS RM
ACCESS AND EGRESS

(a) Subject to the Architect's prior approval the Contractor shall be solely liable and
responsible for the applications and obtaining of all the necessary Approvals and
Authority's Requirements from the Proper Authorities for access and egress points
to the Site.
(b) The Contractor shall adhere and comply strictly with all the Authority's
Requirements with respect to such access and egress points and maintain and
upkeep the same in good repair and condition. Reinstate all ground and make good
all disturbed works on completion.
(c) The Contractor shall share all such access and egress points with the Other
Contractors. PROVIDED ALWAYS that the Contractor shall have no claim for any
extension of time, cost or expense for any inconvenience or hindrance howsoever
caused, arising from or incidental to the sharing of access and egress points with
the Other Contractors.
(d) Where the Works are expected or anticipated to interfere with, obstruct or hinder
the free use of the Site, Project Site, other Public Place, Street and/or Neighbouring
Area the Contractor shall in advance and in anticipation of such interference but
with the prior approval of the Architect apply for the necessary Approvals and
Authority's Requirements from the Proper Authorities to construct and maintain
temporary accessways, diversions and/or alternate passageways ["Temporary
Accessways"] to a standard of construction acceptable to the Architect and/or the
Proper Authorities and shall thereafter maintain, dismantle and/or remove the same.
WORKS CARRIED OUT UNDER DIRECT CONTRACTS OR BY OTHER

SPECIALISTS FORMING SEPARATE CONTRACT WITH EMPLOYER
The Contractor shall liaise with all Direct Contractors and Specialist employed on
the site, and shall afford them free-of-charge unimpeded access to their works,
grant them free use of standing site facilities, water, electricity supply, space and
structure for storage and office, etc and provide all attendance as if they are
Nominated Sub-Contractors or Nominated Suppliers under this Contract as may be
directed by the Architect. The Contractor shall allow for all costs in complying with
the above requirements, and no claims will be considered or admitted on the
grounds of hindrance/obstructions experienced due to the presence of other
Contractors on the site.
The following works will be, or are currently being, carried out by other contractors
directly employed by the Employer ("Direct Contractors") and do not form part of this
Contract:-
(a) Fitting Out Works/Built-in Furniture

DESCRIPTIONS RM
CO-ORDINATION WITH OTHER CONTRACTORS EMPLOYED ON THE SITE OR

THE PROJECT SITE (AS THE CASE MAY BE)
(a) The Contractor shall work in close co-ordination and liaison with the contractors
appointed for the Project by the Employer ["Other Contractors"], which Other
Contractors may from time to time during the currency of this Contract, be operating
in and around the Site and/or the Project Site (as the case may be). The Contractor
shall take account of the work programme of the Other Contractors in the planning
and programming of the Works.
(b) The Contractor shall, in particular, liaise with the Other Contractors on matters of
shared access, common security, keeping roads, access ways and drains free of
debris and mud. The Contractor shall co-ordinate all works with the Other
Contractors so as to avoid all delays and minimise obstructions, hindrances and
pollution. The Contractor shall make such agreement as may be necessary with the
Other Contractors to share the cost of maintenance of all common access and
egress roads and/or other common facilities.
(c) If in the opinion of the Architect that the Contractor's materials or rubbish are
obstructing or hindering the Other Contractors the Contractor shall within 7 days
from the written notice of the Architect remove all the same.
COMPLYING WITH THE SPECIFICATIONS
Allow herein for complying with any items in the Specifications involving expense, if
not already priced elsewhere in these Tender Documents.

DESCRIPTIONS RM
DRAWINGS
(a) The drawings used in the preparation of these Bills of Quantities are listed in
Appendix "A" ["Drawings"].
(b) The Contractor shall and is deemed prior to tender to have done the following:-
i] Ascertained, checked and examined the Contract including but not limited to the
Tender Documents, Drawings and all the accompanying documents and shall have
ensured that all the necessary information required for preparation of the
Contractor's tender have been provided.
ii] The Contractor shall notify the Architect in writing of any missing Tender
Documents, Drawings, pages or other discrepancies.
iii] The Contractor shall check and verify all details and dimensions shown in the
Drawings and shall notify the Architect in writing of any discrepancy.
(c) Where the Contractor is in doubt, the Contractor shall in writing seek
confirmation or clarification from the Architect.
FIX ONLY ITEMS
The words "Fix Only", where used in these Bills in connection with any material or
goods supplied by Nominated Suppliers shall be referred to “Preambles To All
Trades”
P.C. RATED ITEMS
The Architect shall, at his discretion, invite quotations for supply of tiles, finishes,
sanitary fitting and accessories, ironmongeries, ceiling board, etc for which P.C.
rates of supply have been included in these Bills. The Contractor shall accept any
person or persons selected by the Architect.
The Contractor shall be required to enter into a Direct Supply Agreement with the
selected supplier based on the agreed prices, terms and conditions. The
Contractor shall order sufficient extra quantities in each case to cater for all
breakage, wastage, etc.
Upon execution of the Direct Supply Contract, work out and agree with the Supplier
the supply and delivery schedule, including the total quantities required for the
works.

DESCRIPTIONS RM
The quantities given in these Bills for different types of tiles and finishes are
measured nett and the quantities for sanitary fittings and accessories and
ironmongeries are measured the actual quantities installed from the Drawings in
accordance with the Standard Method of Measurement, and payment shall be made
on nett quantities as laid for tiles and finishes and actual quantities as installed for
sanitary fittings and accessories and ironmongeries and measured from final as-
built Drawings.
The P.C. rates for the supply will be adjusted against the actual cost of the selected
tiles and finishes and selected sanitary fittings and accessories and ironmongeries
supplied and delivered to site by the Nominated Suppliers. The tenderer shall refer
to “Preambles to All Trades” for method of pricing and adjustment of price.
Ensure that all materials required are on site in adequate time for the works.
DIMENSIONS
(a) The figured dimensions on the Drawings shall be followed in all cases. Where
the Contractor is in doubt or dimensions are omitted, the Contractor shall in writing
seek confirmation or clarification from the Architect.
NEGLECT TO OBTAIN CLARIFICATION & RELIABLE INFORMATION
(a) Save where the Contractor shall have made the written inquiries mentioned
above, it is deemed that all necessary Drawings, information, descriptions and
dimensions for due and proper execution and completion of the Works have been
provided to the Contractor.
(b) The Contractor shall be solely liable and responsible in this regard and any
neglect, refusal and/or failure on the part of the Contractor to obtain confirmation
and/or clarification shall not howsoever relieve the Contractor of any of the
Contractor's obligation and responsibility to execute and complete the Works in
accordance with the terms and conditions of the Contract.
Without prejudice to the generality above it shall further be noted that no claims for
additional cost or extension of time shall be permitted where the cause of or reason
for such additional cost or extension of time could have been clarified, foreseen or
anticipated by the Contractor upon a proper inspection or examination of the
Contract, the Tender Documents, Drawings or accompanying documents.

DESCRIPTIONS RM
FLUCTUATIONS OF PRICES & WAGES, ETC..
(a) The Contractor shall particularly note that save where mutually agreed upon,
there shall be no subsequent adjustment to the prices or rates specified by the
Contractor in the Contractor's tender. No claims will be allowed for any fluctuation,
variation or increase in cost of materials, equipment, construction, plant, machinery,
wages, fuel, duties, taxes, transport, temporary works or for any other reason
howsoever occurring in the execution and completion of the Works.
SCHEDULE OF CONDITIONS OF BUILDING CONTRACT WITH DELETIONS,

ADDITIONS, AMENDMENTS AND/OR MODIFICATIONS AND SUPPLEMENTARY
CLAUSES THERETO
(a) The following amplification notes and supplementary clauses shall be read
together with the Articles Of Agreement and Schedule of Conditions of Building
Contract, Private Edition with Quantities, published by the Pertubuhan Akitek
Malaysia, Edition 2006 as deleted, added to, amended or modified by the Bill No. 1
in the Section identified as the Preliminaries and General Conditions.
(b) The headings to the Schedule of Conditions of Building Contract are reproduced
hereunder for easy reference together with particulars of the required deletions,
additions, variations, amendments and modifications ["Amendments"] thereto. The
Contractor shall price for and allow in the rates of the Contractor's Tender all cost
and expense associated with due compliance of the Schedule of Conditions and the
Variations.

DESCRIPTIONS RM
ARTICLES OF AGREEMENT
Clause
1 - CONTRACTOR'S OBLIGATIONS
2 - ARCHITECT'S INSTRUCTIONS
3 - CONTRACT DOCUMENTS, PROGRAMME & AS-BUILT DRAWINGS
4 - STATUTORY OBLIGATIONS, NOTICES, FEES AND CHARGES
5- LEVELS AND SETTING OUT OF WORKS
6 - MATERIALS, GOODS AND WORKMANSHIP TO CONFORM TO

DESCRIPTION, TESTING AND INSPECTION
7- ROYALTIES AND INTELLECTUAL PROPERTY RIGHTS
8 - SITE AGENT
9 - ACCESS TO THE WORKS
10 - SITE STAFF
11 - VARIATIONS, PROVISIONAL AND PRIME COST SUMS
12 - CONTRACT BILLS
13 - CONTRACT SUM
14 - MATERIALS AND GOODS
15 - PRACTICAL COMPLETION AND DEFECTS LIABILITY
16 - PARTIAL POSSESSION BY EMPLOYER
17 - ASSIGNMENT AND SUB-CONTRACTING
18 - INJURY TO PERSONS OR LOSS AND / OR DAMAGE OF PROPERTY AND

INDEMNITY TO EMPLOYER
19 - INSURANCE AGAINST INJURY TO PERSONS AND LOSS AND / OR

DAMAGE OF PROPERTY
20 - INSURANCE OF WORKS
21 - DATE OF COMMENCEMENT, POSTPONEMENT AND COMPLETION DATE.

DESCRIPTIONS RM
22 - DAMAGES FOR NON-COMPLETION
23 - EXTENSION OF TIME
24 - LOSS AND / OR EXPENSE CAUSED BY MATTERS AFFECTING THE

REGULAR PROGRESS OF THE WORKS
25 - DETERMINATION OF CONTRACTOR’S EMPLOYMENT BY EMPLOYER
26 - DETERMINATION OF OWN EMPLOYMENT BY CONTRACTOR
27 - NOMINATED SUB-CONTRACTORS
28 - NOMINATED SUPPLIERS
29 - WORKS BY CRAFTMEN, TRADESMEN OR OTHER CONTRACTORS

EMPLOYED OR ENGAGED BY EMPLOYER
30 - CERTIFICATE AND PAYMENTS
31 - OUTBREAK OF HOSTILITIES
32 - WAR DAMAGE
33 - ANTIQUITIES
34 - ADJUDICATION AND ARBITRATION
35 - MEDIATION
36 - NOTICE
37 - PERFORMANCE BOND
38 - GOVERNING LAW
SUPPLEMENTARY CLAUSE S1.0 - TAXATION
SUPPLEMENTARY CLAUSE S2.0 – WORK DESIGNED BY THE CONTRACTOR
SUPPLEMENTARY CLAUSE S3.0 - DESIGNATED SUB-CONTRACTOR AND

DESIGNATED SUPPLIER
SUPPLEMENTARY CLAUSE S5.0 - SAFETY. HEALTH WELFARE AND

ENVIRONMENT
SUPPLEMENTARY CLAUSE S6.0 - STAMP DUTY

DESCRIPTIONS RM
APPENDIX TO CONDITIONS OF CONTRACT
(a) The following information is included here for reference of the Contractor.
Clause
(i) Defects Liability
Periods 15.4 12 months
(ii) Insurance cover for 19.1 and RM1,000,000.00

accidental bodily injury to 20.A or (Contract Period +
Defects Liability)
or illness of third parties 20.B or 20.C
(iii) Insurance deductible 19.1 and

amount 20.A or RM50,000.00
20.B or 20.C
(vi) Percentage to cover 20.A or

Professional fees 20.B or 10% of Contract Sum
for reinstatement 20.C
(v) Amount for removal 20.A or

of Debris 20.B or 20.C 1% of Contract Sum
(vi) Value of existing structure

together with all the
contents owned by the 20.C Not Applicable
Employer or for which he
is responsible
Dates to be
(vii) Date for Commencement 21 ascertained on the
acceptance of tender
Dates to be
(viii) Date for Completion 21 ascertained on the
acceptance of tender
(ix) Liquidated Damages 22 0.0274 % of

Contract Sum
per day

DESCRIPTIONS RM
(x) Sectional Completion 21
Brief descrip- Date of Date of Liquidated Damages

tion of section Commencement Completion at the rate of
of the work (21.0) (21.0) (22.0)
1 ………………….. ………………. RM per day
2 ………………….. ………………. RM per day
3 ………………….. ………………. RM per day
(xi) Period of delay: 21.0 & 26.0 3 Months
(xii) Interim Claim Interval 30.1 and 30.13 Monthly
(xiii) Period for Honouring 30.1 30 days from

Architect’s written notice
Certificates
(xiv) Percentage of the value of

materials and goods 30.2 75%
included in the Certificate
(xv) Percentage of
Certified Value 30.5 10% Contract Sum

Retained

DESCRIPTIONS RM
(xvi) Limit of Retention 30.5 5% Contract Sum

Fund
(xvii) Period to complete the

Final Account 30.1 12 months
(xviii) Amount of Performance 5% Contract Sum

Bond 37.1 (Contract Period + 3
Months)
CONSEQUENCE OF NATURE OF SITE & SCOPE OF WORKS
(a) Approvals from Proper Authorities
In the circumstances and notwithstanding anything else contained in this Contract,

the Contractor shall at the Contractor's sole cost and expense prior to the
commencement of the Works or any part thereof apply for and obtain all the
necessary and relevant Approvals from the Proper Authorities to commence and
execute the Works.
Particularly it shall be the Contractor's duty and responsibility to ensure that all
Approvals are received in writing and shall be complete with all the following:-
i] All such conditions, precautions, measures, standards and/or guidelines imposed

by the Proper Authorities.
ii] The periods, times and/or hours during which the Proper Authorities shall permit
Works or parts thereof to be carried out.
iii] Permission and/or consent of the Proper Authorities to restrict access and egress
of the public for the duration of the Works or relevant parts thereof.
iv] Permission and/or consent of the Proper Authorities to divert traffic and/or Utility
Services or the termination or removal thereof.
v] Any and all other terms and conditions required of the Contractor by the Proper
Authorities, including but not limited to the surveys of the Site, posting of signages
and the issuance of notices.
(hereinafter all the above shall be collectively referred to as the "Authority's

Requirements")

DESCRIPTIONS RM
(b) Compliance & Validity of Approvals
The Contractor shall at the Contractor's sole cost and expenses strictly comply with
the Approvals and the Authority's Requirements and ensure the continued renewal
and validity of the Approvals and Authority's Requirements for the duration of the
Works.
i] Provided Always that the due compliance with the Authority's Requirements shall
not be deemed to satisfy or relieve the Contractor from due compliance with the
terms and conditions of this Contract.
ii] The Contractor shall forthwith upon receipt, deliver copies of all Approvals and
Authority's Requirements to the Employer and the Architect.
(c) Additional Measures
In addition to the Authority's Requirements the Contractor shall ensure that

sufficient numbers of Contractor's employees shall act as traffic controllers to assist
with the flow of traffic during the Works including when necessary the times that the
Works or parts thereof are open for full or partial public access and egress.
ACCESS & EGRESS OF PUBLIC
(a) Public Access
The Proper Authorities may during the progress of the Works require that the
Works or parts thereof be open from time to time for full or partial public access and
egress.
(b) Safety of Public
In such event the Contractor shall be solely liable and responsible for doing all
things, acts and deeds to ensure the safety and well-being of the public through,
over and/or under the Works or the relevant parts thereof.
(c) Protection & Cover
The Contractor shall ensure the strict compliance of all the following:-
i] That all relevant Works are adequately and sufficiently protected and covered for
public access and egress.
For the avoidance of doubt "protected and covered" or any other variations of the
phrase, shall mean that the Works or relevants thereof are properly supported,
secured, cleared and/or covered so as to pose no risk or danger to the public.

DESCRIPTIONS RM
ii] That the Works or any part thereof intended for public access and egress, shall
not be opened for public use before the prior inspection and approval of the
Architect of the protection and cover carried out by the Contractor.
For the avoidance of doubt, it is hereby specifically noted that the Architect's prior
inspection and approval shall be required each and every time the public are to be
permitted access and egress over, under or through incomplete Works or any parts
thereof.
iii] The Contractor shall give at least 5 working hours notice to the Architect prior to
each inspection.
RESPONSIBILITY & LIABILITY FOR DAMAGE
(a) Contractor's Undertaking
For the avoidance of doubt, it is hereby stated that the Contractor shall be solely
liable and responsible for any and all loss and damage to all Public Places, Streets,
Utility Services, Utility Services lands, government owned or controlled lands,
Neighbouring Areas and/or the public (including personal injury and death)
howsoever arising from and/or incidental to the Works and the Contractor shall be
solely liable and responsible for the payment of all loss, damage and/or
compensation and/or for the making good, remedy, repair and/or replacement of all
Public Places, Streets, Utility Services, Utility Services lands, government owned or
controlled lands and Neighbouring Areas so damaged by the Works.
(b) Breach of Contractor's Undertaking
Any neglect, refusal and/or failure by the Contractor to strictly comply with any one
or more of the Authority's Requirements shall be a breach of condition of this
Contract on the part of the Contractor and Clause 25 of the Schedules of Conditions
of Contract shall apply; save that in such event the Contractor shall only be entitled
continue such default for not more than 6 hours after receipt of the Architect's notice
and not 14 days as provided by the said Clause 25.
EQUIPMENT, PLANT AND MACHINERY
(a) The Contractor shall provide adequate equipment, plant and machinery for the
proper and timely execution of the Works or any part thereof, including but not
limited to:-
(i) Mechanical plant and vehicles.
(ii) Non-mechanical plant.
(iii) Minor plants and tools.

DESCRIPTIONS RM
(b) The Contractor shall use all such proper and modern equipment, plant, and
machinery and such other labour and time saving devices suitable for the
Contractor's proposed methods to ensure that the Works shall be carried out
expeditiously.
(c) The Contractor shall be solely liable and responsible to obtain all Approvals and
Authority's Requirements for the presence, installation and/or operation of all
equipment, plant and machinery used to carry out the Works.
(d) The Contractor shall prepare and provide an up-dated list of all equipment, plant
and machinery used every month and/or from time to time as requested by the
Architect.
(e) The Contractor shall ensure that all unserviceable, inoperative or incorrect
equipment, plant and machinery be removed expeditiously from the Site.
CONVEYANCE OF PLANT AND MATERIAL
Arrange for the conveyance of material, plant etc. to minimise damage to existing
roads and culverts. The Contractor shall be responsible for any damage caused by
his transport vehicles or workmen to any existing roads, culverts etc. from
whatsoever cause arising. The Contractor shall maintain, repair and reinstate same
to their original condition to the satisfaction of the Architect or alternatively shall bear
the cost of such maintenance and restoration as a deduction from any money due
to or to become due to the Contractor under this contract.
Take note and pay particular attention to the traffic problems that may be
encountered around the site. Make appropriate arrangements with the Local
Authorities regarding any temporary diversions or interruptions to the existing traffic
flow. The onus is on the Contractor to make all necessary arrangements with and
complying with the Local Authorities requirements regarding his vehicular traffic, to
and from, and in and out of the work site and pay all necessary charges and fees.
LOADING IN EXCESS OF DESIGN LOAD
No loading in excess of the design loading shall be placed on any portion of the
structure without the written permission of the Architect. If such permission is
granted, all structural members subjected to loading other than the design loading
shall be strengthened and supported to the satisfaction of the Architect, and the
Contractor will bear all additional expenditure.
Notwithstanding the written permission of the Architect, the Contractor shall bear all
costs and expenses arising out of the making good of any damage to the
permanent structure caused by excess loading.

DESCRIPTIONS RM
CONTRACTOR'S PLANT ATTACHED TO BUILDINGS
If the Contractor proposes to use climbing tower cranes, or any type of plant which
places any load on the reinforced concrete structure, he must furnish full details of
such plant to the Architect for approval before the works is actually commenced.
Loads for such plant or equipment shall only be imposed on such completed parts
of the structure where the concrete has already attained the minimum 28 days
crushing strength. If necessary and architecturally acceptable, the structure may be
strengthened in order to carry such loads, and in all such cases the Contractor will
be responsible for the additional costs incurred.
Make good to the satisfaction of the Architect any damage to the permanent
structure which may be caused by his plant.
DEBRIS DISPOSAL / REMOVAL OF RUBBISH
Provide sufficient number of rubbish bin, at locations to be approved by the

Architect, to facilitate removal of debris and superfluous materials from the upper
levels of the works.
Take further precautionary measures to ensure that the discharge of rubbish and
superfluous material from rubbish bin does not cause any nuisance to the public
and owners of the adjoining buildings.
TEMPORARY FACILITIES
The Contractor shall provide Temporary Facilities such as scaffolding and staging,
water, site security, lighting, hoisting facilities, space for storage and temporary
office, watching, rubbish clearing etc, free of charge to all Sub-contractors,
Nominated Cub-contractors, Nominated Suppliers, Direct Contractors, Specialist
Contractors Proper Authorities, etc. The Contractor must allow this provision in his
tender sum.
FUEL FOR TESTING AND COMMISSIONING OF SERVICES TO BE PROVIDED

BY NOMINATED SUB-CONTRACTORS
The Nominated Sub-Contractors shall arrange at his own cost and provide for fuel
such as water, electricity, gas, etc, required for testing and commissioning of all
Mechanical and Electrical works such as air-conditioning, electrical installation, fire
protection plumbing and sanitary works. Alternatively, the Nominated
Sub–Contractor can arrange to use Main Contractor’s facilities and pay mutually
agreed rate for fuel consumed.

DESCRIPTIONS RM
GENERAL SCAFFOLDING AND STAGING
(a) The Contractor shall provide free-of-charge and maintain all necessary
temporary scaffolding and staging together with planks, battens, cat‑walks,
gangways, ladders, etc, for use of all Nominated Sub-Contractors, Direct
Contractors Specialist Contractors, Proper Authorities, etc at all times.
(b) The Contractor shall ensure that all scaffolding and staging shall comply with the
requirement of M.S. 10.1 : 1975 Sirim Code of Practice for Building Operations
Code and other codes as may be required by the Proper Authorities.
WATER
The Contractor shall at the Contractor's sole cost and expense obtain all the
relevant Approvals and Authority's Requirements for the following:-
(a) To provide all necessary water supplies required for the Works, which water
shall be clean, fresh and fit for drinking
(b) To provide all temporary connections, pipes, fittings, storage tanks, meters, etc.,
and the Contractor shall remove and clear away the same on completion of the
Works.
TEMPORARY ELECTRICITY SUPPLY
(a) To provide and maintain all necessary temporary electricity power supplies.
Liaise with Mechanical & Electrical Engineer and Nominated Sub–Contractors on
their requirement. Such temporary supply shall have sufficient capacity to meet the
power requirements of the Works as a whole including the Contractor's equipment,
plant and machinery.
(b) To install temporary switchboards, main/sub-main reticulation cables, distribution

boards, wiring, fittings, metering, etc. required for the Works and to protect all the
Proper Authorities' equipment, switchgear and transformers. Pay all charges legally
demandable.
(c) For high rise building, provide a network of ring mains on every three (3) floor
to serve adequate number of 13 Amp. socket outlets for hand tools.
(d) In the event that temporary power supply is unavailable, or the available supply
is insufficient, the Contractor shall provide adequate generator sets for the purpose
of effecting the Works.

DESCRIPTIONS RM
(e) The Nominated Sub–Contractor has to pay for electricity power consumed
during normal carrying out of their Sub-Contract works and for power consumed for
testing and commissioning. Agreed on the method of reimbursement with Main
Contractor
TEMPORARY LIGHTING
(a) To provide all artificial lighting free-of-charge to all Nominated Sub-Contractors,

Direct Contractors, Specialist Contractors, Proper Authorities, etc at all times
required and necessary for the Works.
(b) To provide all required and necessary temporary cables, mains, sub-mains,
wiring, fittings, etc. for the above and to remove and clear away the same on
completion of the Works.
(c) Without prejudice to the generality above, to provide artificial lighting at adequate
illumination level for the following locations and purposes:-
(i) Each and every pit or location where natural lighting is absent or inadequate.
(ii) Safe passages and walkways at all times to ensure the safety of all Workmen,
visitors and where relevant the public.
(iii) All locations where night work is to be carried out.
(iv) Outlets for more localised use of lighting in confined spaces e.g. service ducts
etc.
(v) Lighting, warning lamps and/or signals at critical locations of the Site at night to
safeguard the security of the Site as well as to ensure the safety of Workmen,
visitors and the public.
(vi) Alternate lighting in all areas where existing lighting is disrupted due to Works
being carried out.

DESCRIPTIONS RM
CONTRACTOR'S STORAGE, WELFARE AND OFFICE ACCOMMODATION
(a) To provide and maintain free-of-charge to all Nominated Sub-Contractors, Direct

Contractors, Specialist Contractors, Proper Authorities, etc at all times (including
repainting with paint approved by the Architect from time to time) on Site in positions
approved by the Architect the following:-
i] Sufficient secure and watertight structures and temporary buildings for use during
the Works.
ii] Sufficient space area and watertight structures for the storage of all materials,
goods, equipment, plant, machinery, tools etc. used during the Works free-of-
charge to all Nominated Sub-Contractors, Direct Contractors, Specialist
Contractors, Proper Authorities, etc at all times.
iii] A temporary office for Workmen and free-of-charge to all Nominated Sub-
Contractors, Direct Contractors, Specialist Contractors, Proper Authorities, etc at all
times to use during the Works.
Provided Always that no accommodation and/or kitchen for Workmen shall be

permitted on or surrounding the Site without the prior Approvals of the Proper
Authorities, the Architect and the Employer.
v] Sufficient bathing places, latrines with temporary septic tank/s and all necessary
water and drainage facilities for use by the Workmen during the Works.
(b) Subject to the Approvals and the prior approval of the Architect, to alter, shift
and adapt the above mentioned temporary buildings and/or structures from time to
time as may be necessary.
(c) The Contractor shall at all times ensure that all storage of materials, goods,
equipment, plant and machinery on Site shall be safe, secure and shall not
interfere, hinder and/or disrupt the free use of the rest of the Site or of any
Neighbouring Areas.
(d) The Contractor shall remove and clear away all the above upon completion of
the Works.
In the event that the Contractor cannot accommodate the Nominated Sub-Contract
goods and materials that are delivered according to his Construction Programme,
he shall be responsible for all costs and expenses incurred in respect of storage of
the goods off site including all transportation and double handling costs and
insurances.

DESCRIPTIONS RM
FENCING AND/OR HOARDING
Approvals, Authority's Requirements and Architect's approval for the following:-
(a) To maintain, shift (including repainting with an oil based paint from time to time)
and/or replace required fencing and/or hoardings gates, screens, planked footways,
guard rails and gantries in and around the area where works are carried out on Site.
(b) To liaise and coordinate with Other Contractors on the Project Site and provide
for any necessary adaptation, alteration, shift and maintenance to the fencing and/or
hoardings, gates, screens, planked footways, guardrails and gantries in the way of
other Contractors Works.
(c) To remove any grafitti as soon as applied and to repaint to original state.
(d) The Contractor shall remove and clear away all the above upon completion of
the Works.
PROCEDURE WITH RESPECT TO WORKS AFFECTING PUBLIC PLACE,

STREET & UTILITY SERVICES
(a) Without prejudice to the Contractor's general obligation to apply for Approvals
for the commencement of the Works, the Contractor shall prior to carrying out any
works affecting any Public Place, Street and/or Utility Services, apply for and obtain
all the necessary Approvals and Authority's Requirements for the diversion of traffic
and/or Utility Services, the termination or removal of any Public Place, Street and/or
Utility Services ["Permissible Diversions"].
(b) If during the digging and/or excavations the Contractor shall locate or discover
any Utility Services not identified by the Drawings, or the Schedule of Existing Utility
Services the Contractor shall stop all affected Works immediately and report the
same to the Architect who shall issue the appropriate instructions and/or directions
for the recommencement of the affected Works.
In such event the Schedule of Existing Utility Services shall be amended and/or
added to accordingly and the Contractor shall apply for the necessary Approvals,
Authority's Requirements and/or instructions for the Permissible Diversions with
respect to the same.

DESCRIPTIONS RM
PROTECTION OF SITE, PUBLIC PLACES, STREETS & UTILITY SERVICES
(a) No Disruption of Public Places, Streets & Utility Services
Save where the Public Places, Streets and/or Utility Services have been identified
by the Drawings and/or the Schedule of Works for upgrading, diversion and/or
removal and where the Works have received the prior Approval of the Proper
Authorities, the Contractor shall be solely liable and responsible for the protection,
maintenance and safe keeping of all Public Places, Streets and Utility Services at
the Site and the Neighbouring Areas, namely the Contractor shall ensure that all the
Public Places and Streets around the Site shall be kept clean and clear of all debris,
mud, hindrance and/or obstruction and all Utility Services shall not howsoever be
interfered with, damaged, disrupted and/or interrupted.
(b) Clearing Drainage Systems
The Contractor shall at all times keep and clean on a regular basis all drainage
systems at the Site, Neighbouring Areas and all Public Places and Streets.
TEMPORARY WORKS
Include for the following as may be required by the Contractor to complete the
Works (if not priced elsewhere):
(a) Transport for workpeople.
(b) Temporary telephones for the use of the Contractor.
(c) Disbursements arising from the employment of workpeople.
(d) Drying the Works.
(e) Statutory obligations.
(f) Any other temporary works or facilities.
TEMPORARY WORKS FOR CONSTRUCTION OF EXTERNAL RETAINING

WALL AND EARTHWORK
(a) The construction of the external retaining wall and excavation of any form of
earthworks shall include provision of temporary works such as shoring, temporary
steel platform, steel sheet piling, etc. for erection of the wall and shall form part of
the contract sum. All form of temporary works such as scaffolding, strutting,
shoring, temporary steel platform, steel sheet piling, etc. shall be designed by the
contractor who is fully responsible for the safety and adequacy of the temporary
works. The contractor shall rectify any inadequacy at his own costs and shall be
liable for any failure.

DESCRIPTIONS RM
TRAFFIC SAFETY PROVISIONS
(a) Safety Precautions
Without prejudice to the Contractor's general obligation to strictly comply with the
Authority's Requirements the Contractor shall at all times provide and maintain
temporary traffic guide rails, barricades, traffic cones, fences, signs, warning lights
and lamps, sufficient Contractor's employees to direct traffic and all other safety
measures and precautions as may be necessary or deemed necessary in the
opinion of the Architect.
The traffic hazard warning lamps and road barriers used shall be as accordance
with the Specifications herein.
(b) Temporary Tracks
Where required by the Proper Authorities the Contractor shall provide and maintain
temporary tracks, roads, hardstandings, culverts and crossings on the Site or
Neighbouring Areas.
(c) The Contractor shall remove all the above upon completion of the Works.
VEHICLE CLEANING / WASH TROUGHS
Comply fully with Local Authorities regulations on earthworks operations, and pay all
fees legally demandable.
Provide and maintain, including adapting and modifying as necessary, for the full
duration of earthmoving works, clearing facilities and adequate numbers of wash
troughs for cleaning of all vehicles prior to leaving the site, as per engineer's
Drawing No. PAP/1437/C/S/EW/03
Remove when no longer required or on completion of the works, and reinstate

ground to finished condition as directed by the Architect, or shown on the Drawings.
TRESPASS BY PLANT
Do not permit plant to encroach over or upon adjacent property or roads, unless
prior approval had been obtained. Trespass by crane jibs into air-space must also
be prevented.

DESCRIPTIONS RM
PRESERVATION OF EARTH SLOPES
(a) The Contractor shall be solely liable and responsible for the protection and
preservation of all earth slopes created by reason of the Works and or affected by
the Works, regardless of whether the earth slope shall be within or outside the Site.
In the circumstances the Contractor shall at all times do all things, acts and deeds
to protect and preserve all earth slopes including but not limited to the following:-
i] To construct temporary watercourses, drains and to take all necessary steps and
measures to prevent erosion and landslips from occurring.
ii] To conduct daily inspections of all earth slopes and record the same into the Site
Diary.
iii] Upon the observation of any possibility of a landslip the Contractor shall
immediately notify the same to the Architect and await the Architect's instructions
and directions.
(b) The Contractor shall ensure that the Contractor's insurance shall be extended to
include the Contractor's responsibility for earth slopes outside the Site.
DEWATERING SITE
(a) The Contractor's attention is drawn to the existence of a high water table at the
Site, the Contractor shall be solely liable and responsible for ensuring that all parts
of the Works shall be stable and safe from the effects of water buoyancy.
(b) Prior to the commencement of Works the Contractor shall submit for the
Architect's approval a detailed plan for the dewatering of the Site which shall include
a method statement for dewatering of the Site and the procedures to be adopted to
ensure the stability of the Works.
(c) The Architect shall be entitled from time to time to require the Contractor to do
all such additional things, acts and deeds and to take such additional measures and
precautions to ensure that all parts of the Works shall be stable and safe from the
effects of water buoyancy.

DESCRIPTIONS RM
EXISTING RIVERS AND WATERCOURSES

The Contractor shall be required to inform Jabatan Parit dan Taliair or relevant
Authorities prior to diversion of existing watercourses or rivers, and shall allow
unrestricted access for officials from the said Local Authority to the site for
inspection and approval of the diversion works.
The Contractor shall ensure that any diversions, whether permanent or temporary in
nature, will be capable of sustaining the same level of flow or rate of discharge as
the existing rivers or watercourses replaced.
On no account shall existing rivers or watercourses be filled or blocked until such

time as the necessary diversions, temporary drains, etc. are constructed. Re-
routing and diversion of existing rivers and watercourses must be programmed and
arranged such that there is absolutely no danger of flooding.
The Contractor shall keep the Employer indemnified against any claims, damages,
etc. arising from failure of the Contractor to take adequate steps or measures to
maintain the flow rate as aforementioned.
Before commencing works, submit for the Architect's approval a method statement
of proposed site drainage, erosion control and silt retention measures to be
undertaken. The Architect may modify or include such additional measures as may
be required, and then shall be carried out at the Contractor's own costs.
Notwithstanding the approval or modifications made, the Contractor shall be held
fully responsible for the sufficiency of all the measures undertaken.
Carry out regular maintenance and desilting of site drainage etc. and undertake
additional measures the Architect may require from time to time for the duration of
the Contract.
ANTI-FLOODING MEASURES
Anti-pollution and anti-flooding measures must be taken continuously over the
Contract period including the construction of all additional temporary drains and
diversions, the building of walls or bunds or other forms of protection (over and
above those shown on the Drawings and measured under the respective Bills of
Quantities) to neighbouring properties and scouring, desilting, dredging and
deepening existing streams, rivers and watercourses, unclogging new or existing
drains; and in particular, streams and watercourses on site must not be dammed or
buried over, without prior arrangements being made for re-routing of the water
discharged.
Certain low-lying areas of the site may be prone to flooding. The Contractor shall,
during earthworks operations, ensure that ponding does not arise. In the event that
ponding does occur, the Contractor shall take immediate action to mitigate any
nuisance caused to adjacent properties. The Contractor shall pump and de-water
where necessary.

DESCRIPTIONS RM
BLASTING
The Contractor shall acquaint himself fully with the Specification Clauses on
"Blasting" and shall provide, handle, store and transport all explosives, ancillary
materials and store and other like items required for blasting operations for the
purpose of the Works.
The Contractor shall conform with all regulations and applicable laws relating to the
handling, transport, storage and use of explosives and shall take every possible
precaution regarding the safe storage and transport of explosives on and about the
site. The design and construction of the explosive stores shall be to the
requirements laid down by the appropriate Authorities.
The Contractor shall, at all times, liaise with the Local Authorities concerned,
adjoining owners and whosoever affected or likely to be concerned or affected by
the blasting operations and inform the Architect and all parties concerned well in
advance of the blasting operations and obtain such permission and pay all
expenses necessary.
The Contractor shall keep the Architect well informed of the times blasting
operations are to take place and the warning system adopted shall be approved by
the Engineer.
The Contractor shall keep the Employer indemnified against all claims, damages,
costs or expenses which may be brought against the Employer arising out of the
blasting operations.

DESCRIPTIONS RM
PAYMENTS OF RATES ETC., IN RESPECT OF TEMPORARY BUILDINGS ON

SITE
For the avoidance of doubt the Contractor shall be solely liable and responsible for
the obtaining of all Approvals, Authority's Requirements and the payment of all fees,
rates, assessments and taxes howsoever arising from and/or incidental to any and
all temporary buildings and structures erected by the Contractor, including but not
limited to the payment of any and all compensation to the Proper Authorities with
respect to the loss of carpark space and revenue due to the Works, temporary
buildings and/or structures erected on Site.
NOTICES
(a) Give the Architect adequate notice in writing of all the following:-
(i) Starting and completion dates of critical and significant activities;
(ii) Dates when completed parts of the Works are due to be covered up;
(iii) Dates and times when overtime works are to be carried out;
(iv) Claims for extension of time in accordance with the terms and conditions of the
Contract, disruptions to progress of Works, etc.
(v) The occurrence of any accident on Site and/or any incident of loss and damage
to any Public Place, Street, Utility Services, Utility Services lands, government
owned or controlled lands, Neighbouring Areas and/or the public.
(vi) Any other matters relevant to the proper administration and management of this
Contract.
SITE MEETINGS & CO-ORDINATION MEETINGS
(a) The Contractor's authorised senior representative and the relevant members of
the Site Staff shall be required to attend all Site Meetings called by the Architect.
The Contractor shall furnish all such reports at the Site Meetings, as may be
required by the Architect.
(b) The Contractor shall upon request by the Architect ensure the attendance of all
authorised senior representatives of the Nominated Sub-Contractors and Suppliers
at such meetings as may be called for by the Architect.
(c) The Contractor shall organise coordination meetings for the purposes of the
coordination and direction of the works of all trades, Nominated Sub-Contractors
and Suppliers. Minutes of such coordination meetings shall be provided to the
Architect.

DESCRIPTIONS RM
CASH FLOW
(a) The Contractor shall prepare and issue to the Quantity Surveyor a cashflow
statement showing the Contract Sum broken down into the values of the anticipated
interim payments based on the Project Programme and the payment provisions of
the Contract.
(b) The cashflow shall be prepared and submitted together with the Project
Programme.
(c) The cashflow statement shall be for information only and shall not be used for
the valuation of interim certificates and not form part of the Contract.
(d) The Contractor shall update the cashflow statement based on the Original
Project Programme and thereafter at three (3) month intervals based on the
subsequent Construction Programmes (if any).
MONTHLY PROGRESS REPORTS
(a) The Contractor shall submit at monthly dates to be agreed with the Architect,
seven (7) copies each of a monthly progress report indicating individual component
progress made in the preceding month. Such reports shall show cumulative
progress towards scheduled completion, expressed as a percentage of all items
shown in the approved Project Programme and shall also include a summary of the
progress achieved through every stage of the Contract.
(b) The reports shall relate to key date achievement and indicate the degree of
criticality on each activity. Any delays or potential delays shall be clearly identified
and a statement given as to the measures to be taken to maintain the key dates.
(c) The reports shall include projected work activities for at least four (4) weeks
ahead of those being reported upon with data on labour strength and equipment
employed.
(d) The reports shall be in a format approved by the Architect.
DAILY SITE RECORDS
(a) The Contractor shall keep a properly documented and dated job diary ["Site
Diary"]. Which Site Diary shall be submitted to the Architect for inspection on a daily
basis and the Architect's verification and confirmation shall be required on a daily
basis.

DESCRIPTIONS RM
(b) The Contractor shall maintain proper daily records of weather conditions,
number of Workmen employed, quantity and type of equipment, plant, and
machinery in use, materials and goods delivered, detailed records of materials and
goods tested and the Works in progress. All such records shall similarly be
submitted to the Architect for inspection on a daily basis and the Architect's
verification and confirmation shall be required on a daily basis.
RECORD OF HIDDEN WORK
(a) The Contractor shall give adequate, advance written notice in respect of the part
or parts of the Works that require inspection prior to covering up to the Architect and
the relevant Consultant.
(b) The Contractor shall make accurate records of those part or parts of the Works
which shall become hidden by further progress. All such records shall be checked
and verified by the Architect while the relevant Works are still open for inspection.
Provided Always all such relevant Works shall not be covered up or hidden by
further progress until the same shall be inspected and the records have been
verified, confirmed and approved by the Architect and/or the relevant Consultant.
(c) These records shall be entered by the Contractor on prints of drawings which
shall be made available to the Consultants free of cost for this purpose. The prints
shall be amplified by the contractor with supplementary dimensioned sketches and
handed to the Architect as soon as practicable.
MONTHLY PROGRESS PHOTOGRAPHS
(a) Just prior to the commencement of Works, photographs of the Site shall be
taken from angles and views by the Contractor as directed by the Architect and
seven (7) sets of 4R size colour prints shall be submitted to the Architect for
distribution to parties as authorised by the Employer. The photographs shall be date
stamped and the locations identified. Supporting statements describing each
photograph shall be provided with the photographs and presented together in
approved folders.
(b) For the purposes of recording the progress of Works, photographs shall be
taken on a monthly basis in accordance with the procedure set out above.
(c) The Contractor shall submit all the soft copies in CD to the Architect.
(d) The ownership and copyright of all photographs and soft copies shall vest
absolutely with the Employer.

DESCRIPTIONS RM
SETTING OUT BOUNDARIES
(a) The Contractor shall establish the boundaries of the Site and the location of all
existing Utility Services and ensure that all boundaries or locations are marked in a
manner that they cannot be removed or in a manner that makes any subsequent
movement immediately apparent. This establishment of the location and level is to
be carried out by a Licensed Surveyor. See Clause on Survey and Setting Out.
SHOP DRAWINGS
(a) Where shop drawings or schedules of equipment, plant, and machinery are
required to be submitted by the Architect for the Works or any part thereof, the
Contractor shall be responsible for the submission of the same notwithstanding the
fact that a subcontractor may be executing that part of the Works
The scale for shop drawings shall subject to the Architect's approval.
Shop drawings and schedules of equipment, plant and machinery shall be required
for all mechanical and electrical services, aluminium and glazing works and all other
specialists’ work or services in accordance with the requirement of the specification.
(b) Where necessary the Contractor shall obtain a soft copy of the shop drawings
from the relevant Sub-Contractor and shall then check the information and details
contained therein and mark any comments or requested alterations on that soft
copy. The soft copy shall then be submitted by the Contractor to the Architect.
Where appropriate the Architect shall submit the same to the relevant Consultant/s.
The Architect and/or the relevant Consultant/s shall mark any appropriate
comments on that soft copy. The soft copy so marked shall then be returned to the
Contractor.
(c) Upon return of the soft copy, the Contractor shall then arrange for the relevant
Sub-Contractor to correct the shop drawings, return the corrected soft copy together
with a print of the soft copy as shall have been processed by the Contractor, who
shall then submit to the Architect, soft copy prints of both the soft copy as was
processed and the corrected soft copy for affixing of the Architect's identification
stamps and thereafter the Contractor shall distribute to the Architect two (2) soft
copy prints after adding the Builder's "approved" stamp.
(d) Current copies of corrected shop drawings shall be kept at the Site Office for the
information of the Contractor, the Architect and other relevant Consultants.

DESCRIPTIONS RM
(e) No Works or parts thereof being the subject of any shop drawings shall be
executed until those shop drawings have been dealt with in the manner provided by
the foregoing provisions.
Provided Always the Contractor shall always allow a minimum of three (3) calendar
weeks prior to the commencement of the relevant Works or parts thereof for the
process of submission, examination and commenting, correction and the
distribution of prints with respect to the shop drawings.
(f) Provided Always where the Architect is of a reasonably held opinion that the
Contractor has not complied with the requirements of this clause and/or there shall
be any other deficiencies, errors or discrepancies in any one of the soft copies
and/or any of the submitted documentation, the Architect may before or after
submission of the same to the relevant Consultant/s return the affected soft copies
and/or any of the submitted documents to the Contractor for those requirements to
be complied with and/or for the deficiencies, errors or discrepancies to be corrected.
For the avoidance of doubt it is hereby stated that in such events, the Contractor
shall not howsoever be entitled to make any claims for extension of time for any
consequential delays or for any claims for cost and expense howsoever arising
therefrom or incidental thereto.
(g) The Contractor shall fortnightly prepare and submit to the architect four (4)
copies of a listing on A4 paper of shop drawings which shall show their status
including shop drawing numbers and latest amended numbers and dates of issue,
expected approval and approval. The form and content of this listing shall be agreed
between the Contractor and the Architect.
(h) It should be clearly understood that the approval of shop drawings by the
Architect is solely an approval of subject matters in principle and does not constitute
checking of detail measurements or acceptance of auxiliary units or material unless
specifically mentioned in writing by the Architect.
SAFETY & SECURITY OF EQUIPMENT & WORKS
(a) The Contractor shall be solely liable and responsible at all times (including but
not limited to periods of suspension of the Works or parts thereof howsoever
occurring) for the safety, security and safe keeping of all the following from theft,
vandalism, rain, heat and/or any other adverse weather and environmental
conditions, loss and/or damage:-
(i) All materials, goods, equipment, plant and machinery (regardless of ownership of
the same) necessary and/or used for the Works, placed or stored at Site or areas
allocated by the Employer for the placement and/or storage of the same.
(ii) The Works (regardless of whether the same shall be partially or fully completed)
until the handover of the Site to the Authorities.

DESCRIPTIONS RM
(b) The Contractor shall at the Contractor's sole cost and expense do all things, acts
and/or deeds to ensure all the above at all times, including but not limited to the
following:-
(i) To provide for sufficient tarpaulin and/or other adequate waterproof coverings
and to ensure proper storage.
(ii) To provide security guards.
(iii) To provide fencing, locks and/or guard rails.
(c) The Contractor shall at the Contractor's own cost and expense make good,
repair to original condition and/or replace all materials, goods, equipment, plant,
machinery and Works or parts thereof (as the case may be) in the event of any
vandalism, theft, loss and/or damage howsoever occurring.
ABATEMENT OF POLLUTION & NUISANCE
The Contractor shall be solely liable and responsible for the prevention, control
and/or minimisation of all forms of pollution eliminating from the Site or the Works.
(a) The Contractor shall do all things, acts and deeds to ensure at all times that the
Works shall be carried out in such a manner as to minimise all forms of pollution
including but not limited to noise, vibration, dust and/or smoke eliminating from the
Site and/or Works and the Contractor shall ensure that the pollutions shall not
become excessive or actionable nuisances.
(b) Control Procedures
The Contractor shall prior to the commencement of Works prepare a plan for the
control of pollution so as to ensure that excessive pollution or actionable nuisances
shall not arise. Which plan shall include but not be limited to the following:-
i] The sprinkling of the Site and Neighbouring Areas with water.
ii] The steps and measures to be taken to prevent any oil, sludge or other
deleterious material from escaping or entering into any drainage system or natural
watercourse.
iii] The construction of wash troughs including metal grating and silt traps as per
engineer's Drawing No. PAP/1437/C/S/EW/03

DESCRIPTIONS RM
iv] The use of dust sheets, screens, partitions and covers to control dust and noise.
v] All such other necessary measures required to control and minimise pollution at
the Site and Neighbouring Areas.
The Contractor shall present details and plans for such pollution control for the
Architect's approval.
(c) In the event that the Architect shall be of the opinion that any pollution shall be
excessive (including but not limited to noise pollution), then the Architect shall be
entitled to require the Contractor to institute at the sole cost and expense of the
Contractor, a monitoring programme through which the pollution may be monitored
so as to provide a logical basis for seeking effective methods and measures to
reduce and control the pollution.
(d) The Contractor shall comply with all instructions given by the Architect with
respect to all the abovementioned matters. The Contractor shall be responsible at
the Contractor's sole cost and expense to carry out and effect all instructions and
recommendations of the Architect and/or the Proper Authorities.
(e) For the avoidance of doubt it is hereby stated that any delay to the Works
howsoever arising from, caused by and/or incidental to any claims, injunctions,
proceedings and/or actions brought by the Public Authorities, occupiers and/or
owners of the Neighbouring Areas and/or any other party with locus standi, shall not
howsoever entitle the Contractor to make any additional claims or for extension of
time.
PREVENTION OF MOSQUITOES BREEDING
(a) The Contractor shall refrain from dumping or depositing refuse, spoil, unused
material, empty bottles, cans and other containers capable of collecting liquid which
afford breeding places for mosquitoes and take all measures in preventing the
breeding of mosquitoes.
(b) If necessary, at the Contractor's sole cost and expense carry out regular
mosquito eradication measures (i.e. chemical sprays, drainage of stagnant pools,
etc.) and other measures that may be ordered by the Proper Authorities.

DESCRIPTIONS RM
FIRE PREVENTION
The Contractor shall be solely liable and responsible the prevention of fire at the
Site and during the Works.
(a) The Contractor shall take all safety measures and institute such procedures as
may be necessary to ensure that there shall be no outbreak of fire at the Site or
caused by the Works. The Contractor shall particularly ensure that the Works shall
be carried out in a manner so as to ensure that the execution thereof shall not
constitute a fire risk.
(b) The Contractor shall ensure that there shall be no smoking or burning of rubbish
wheresoever inflammable goods, fuels and/or materials are kept or stored.
All inflammable goods, fuel and/or materials are contained, stored and secured in
non-combustible containers and structures.
(c) All Workmen and Visitors shall be duly and promptly informed of the safety rules
and regulations and no smoking areas.
(d) All Workmen required to use gas cutting, welding and/or any other Works
involving the use of naked flame, producing sparks, high temperatures or any other
procedures that may cause fires shall be properly instructed and/or trained to
ensure minimum fire risk.
(e) All Works involving the use of naked flames, producing sparks, high
temperatures or any other procedures that may cause fires shall be completed or
halted at least 1 hour before work stops for the day.
(f) No accumulation of inflammable debris shall be permitted on Site.
(g) The Contractor shall provide all necessary fire fighting equipment conforming to
the requirements of the fire department and/or the Proper Authorities and shall
place the same in conspicuous and accessible places on the Site.
Portable fire extinguishers of ABC 9kg type shall be provided.
(h) The Contractor shall service and maintain all such fire fighting equipment to the
proper and required standards throughout the duration of this Contract and conduct
regular checks to ensure that all fire fighting equipment shall be serviced,
maintained and functional.

DESCRIPTIONS RM
REGISTRATION OF WORKMEN WITH DEPARTMENT OF LABOUR
(a) The Contractor shall register all the Contractor and the Sub-Contractors'
workmen ["Workmen"] employed by the Contractor for the Works, in accordance
with the Internal Security (Registration of Labour) Regulations 1960.
EMPLOYMENT OF FOREIGN WORKERS
(a) Every effort must be made by to employ Malaysian citizens for the Works.
Where foreign Workmen are employed by the Contractor or the Sub-Contractors,
the Contractor shall at the Contractor's sole cost and expense ensure that all
relevant rules, regulations and laws with respect to the entry, stay, work permits,
visas and all other immigration requirements are fully complied with.
(b) The Employer shall not howsoever be responsible or accountable in any way or
manner for such foreign Workmen.
LABOUR-ON-COSTS
The Contractor shall and is deemed to have allowed for and included all the
following in the Contractor's rates and prices:-
(i) Annual and Public Holidays;

(ii) Travelling time and expenses, such as fares and transport;
(iii) Non-productive time and other expenses in connection with overtime;
(iv) Incentive and bonus payments;
(v) Any other disbursements arising from employment of labour, e.g. SOCSO.
(vi) Compliance with all Safety, Health and Welfare Regulations pertaining to all
Workmen employed on the Site;
PERFORMANCE BOND
(a) It shall be a condition precedent of this Contract that the Contractor shall prior to
commencement of any Works obtain and remit to the Employer, a Performance
Bond in favour of the Employer as security for the due performance of this Contract.
Which Performance Bond may be a cash deposit or by way of an unconditional
Banker's Guarantee payable in cash. The Performance Bond shall be equal to five
percent (5%) of the value of the Contract Sum.
The Performance Bond shall remain valid and in effect from the commencement of
Works until Certificate of Practical Completion of all of the Works as certified by the
Architect under the Schedules of Conditions of Building Contract ["Performance
Bond Period"] plus three (3) months. Where the Performance Bond is by way of
cash the Employer shall have an absolute lien on the same up to and including the
last day of the Performance Bond Period.

DESCRIPTIONS RM
(b) The Employer shall be absolutely entitled to call on and require payment or
payments from the Performance Bond in the event the Contractor be in breach or
threaten to breach any one or more of the terms and conditions of this Contract. All
payments from the Performance Bond shall be applied and appropriated by the
Employer in accordance with the terms and conditions of this Contract.
(c) The Performance Bond or the balance thereof remaining to the credit of the
Contractor shall be released or refunded to the Contractor upon expiry of the
Performance Bond Period or any extensions thereof.
(d) The abovementioned Performance Bond shall be in the form annexed hereto
under the Appendix.
INSURANCE
(a) The Contractor shall take out the various policies of insurance required by or
provided for by this Contract with any insurance company approved by the
Employer and Architect.
(b) The Contractor shall ensure that the insurer shall be specifically informed of the
nature of the Site and the scope of the Works.
EMPLOYEE'S SOCIAL SECURITY ACT (SOCSO)
(a) The Contractor shall register all employees and/or Workmen and contribute
under the Social Security (SOCSO) Scheme, submit all contributions regularly and
comply with the SOCSO Regulations made under the Employee's Social Security
Act (including any amendment thereof) and shall cause and ensure that the Sub-
Contractors to comply similarly.
(b) The Contractor shall, at commencement of the Works and from time to time
thereafter, submit the insurance numbers of all employees and/or Workmen
registered with SOCSO to the Architect for verification and shall cause and ensure
that the Sub-Contractors to comply similarly.
(c) If the event of any default on the part of the Contractor and/or the Sub-
Contractors, the Employer may pay any contribution to the SOCSO Scheme and
deduct the amount of such contribution from any monies due or to become due to
the Contractor under the Contract.

DESCRIPTIONS RM
INSURANCE: WORKMEN NOT SUBJECT TO SOCSO

Allow for all costs in respect of compliance with Clause 19.3 [Insurance for local
workmen not subject to SOCSO] of the Conditions of Contract, if not allowed for or
priced elsewhere in the Contract.
The Contractor shall provide evidence that the said insurance has been taken up
prior to commencing any work on Site. The actual policy shall be submitted to the
Architect not later than seven (7) days from the date possession of the Site is given
to the Contractor.
The Contractor shall produce, on the Architect's request, the last receipt for
payment of such premiums for verification.
The Contractor shall provide details to the Architect as necessary to show that such
insurance coverage is adequate for all the workmen employed on the Works.
WORKMEN'S COMPENSATION INSURANCE
(a) Without prejudice to his liability to indemnify the Employer under Clause 18, the
Contractor shall for the purposes of the Works take out, and ensure that the Sub-
Contractors do similarly take out Workmen's Compensation Insurance with
Common Law coverage in the joint names of the Employer and the Contractor (and
where relevant, of the Sub-Contractors) against liability of the said joint parties for
damages or compensation payable under the Workmen's Compensation Ordinance
or any other laws of Malaysia in respect of or in consequence of any accident or
injury to or disease sustained by any Workmen or other persons in the employment
of the joint insured parties.
(b) The Contractor shall provide evidence that the relevant insurances have been
taken up prior to commencement of Works. The original copy of the relevant
policies shall be submitted to the Architect not later than seven (7) days from the
date of possession of Site.
(c) For the purpose of this Contract the sum representing the estimated earnings to
be insured under the Workmen's Compensation Insurance shall not be less than
10% of the value of Contract Sum. If any of the Workmen employed in the Works
are liable for coverage under the SOCSO Scheme then the sum insured under the
Workmen's Compensation Insurance shall be reduced by the estimated earnings of
the Workmen covered by the SOCSO Scheme. Period of coverage shall be the
Contract Period plus Defect Liability Period.

DESCRIPTIONS RM
d) The policy shall have the following endorsements:-
(i) Endorsement to cover the legal liability of the Insured to Workmen in the
employment of the Sub-Contractors
(ii) Endorsement to cover employees not being "workmen" within the meaning of the
Workmen's Compensation Ordinance.
(e) The Contractor shall ensure that the Contractor and the Sub-Contractors
maintain the relevant insurance policies in full force and effect by payment of all
premiums from time to time on the first day on which the same ought to be paid and
until the completion of this Contract. In addition thereto the Contractor shall ensure
that the Contractor and the Sub-Contractors shall make all statutory contributions to
the Proper Authorities on time and the Contractor shall produce, on the Architect's
request from time to time, the last receipt for payment of such premiums and
contributions for verification.
INSURANCE: WORKMEN'S COMPENSATION INSURANCE FOR FOREIGN

WORKERS
Allow for all cost in respect of compliance with Clause 19.4 [Workmen's
compensation insurance for foreign workers] of the Conditions of Contract, if not
allowed for or priced elsewhere in the Contract.
The Contractor shall provide evidence that the said insurance has been taken up
prior to commencing any work on Site. The actual policy shall be submitted to the
Architect not later than seven (7) days from the date possession of the Site is given
to the Contractor and in the case of insurance taken out by sub-contractors not later
than seven (7) days after they commence work on site.
The Contractor shall provide details of all foreign workers and such other details to
the Architect as necessary to show that the insurance coverage is adequate for all
foreign workers being employed on the Works.

DESCRIPTIONS RM
CONTRACTOR'S ALL RISKS POLICY IN RESPECT OF THIRD PARTIES

LIABILITY AND DAMAGE TO THE WORKS
(a) Without prejudice to his liability to indemnify the Employer under Clause 19.1 the
Contractor shall take out a Contractor's All Risks Policy in the joint names of the
Employer, the Contractor and all the Sub-Contractors.
(b) For "Material Damage" the amounts to be insured shall be:-

(i) The Contract Sum;
(ii) Removal of debris: as stated in the Appendix to Conditions of Contract
(iii) Professional fees at the percentage named in the Appendix to Conditions of

Contract.
(iv) Period of coverage shall be the Contract Period plus Defect Liability Period.
(c) The Contractor shall provide the "Cover Note" to indicate evidence that the
policy has been taken up prior to commencement of Works. The original copy of the
policy shall be submitted to the Architect not later than two (2) weeks from the date
of possession of the Site together with proof of premium paid.
(d) The Sum Insured for "Third Parties Liability" shall be RM1,000,000.00 for any
one occurrence but unlimited as to the number of occurrences during the Period of
Insurance.
(e) The policy shall have the following endorsements:-
(i) Strike, riot and civil commotion clause;
(ii) Cross liability clause;
(iii) Vibration and/or removal or weakening of support;
(iv) Extended maintenance clause;
(v) Rectification costs for defective design, materials and/or workmanship extension
and
(vi) Subsidence, sinkholes and earthslips;
(vii) Inclusion of Resident Engineer/Resident Architect Resident Supervisory Staff,

Consultants and Consultant's Representative, Trainers and visitors to the Site as
Third Parties;
(viii) automatic extension or renewal of the insurance up to the issuance of the

certificate of Making Good Defects.
(f) The Contractor shall bear the full amount of all the deductibles or excess
imposed by the various policies.

DESCRIPTIONS RM
INSURANCE: GROUP PERSONAL ACCIDENT INSURANCE FOR SITE STAFF

AND CONSULTANTS
Without prejudice to his liability to indemnify the Employer under Clause 18.0 of the
Conditions of Contract the Contractor shall take out in the joint names of the
Employer and the Consultants a Group Personal Accident Insurance Policy in
resp.ect of bodily injuries and/or disablement of the Resident Engineer, Resident
Architect, other Site Staff and representatives of the Architect and Consultants.
The sum payable under the policy in the event of death shall not be less than three
times the annual salary per person insured.
The said insurance policy so taken out shall be deposited with the Architect and the
Contractor shall maintain the policy in full force and effect by payment of all
premiums from time to time on the first day on which the same ought to be paid and
until the date of Practical Completion.
The Contractor shall produce on the Architect's request, the last receipt for payment
of such premiums for verification.
Alternatively the Contractor may insure by way of an endorsement to the

Contractor's All Risk Policy provided the coverage is no less favourable.
The Contractor shall take up all additional insurance coverage necessary.

DESCRIPTIONS RM
WORKING HOURS
(a) The Contractor shall have the discretion to provide for working at nights, on
Sundays and on Public Holidays if deemed necessary or by reason of delay to the
Works as a whole. In such event the Contractor shall make all adequate security
arrangements and indemnify and keep fully indemnified the Employer against any
claims or demands by any third parties caused by working outside normal working
hours. No claims by the Contractor for extra remuneration or extension of time on
account of working outside normal working hours shall be permitted.
(b) The normal working hours of the Resident Engineer/ Resident Architect and the
Resident Supervisory Staff are as follows:-
(i) Monday to Friday 8.00 a.m. to 5.00 p.m.

(with 1 hour break for lunch)
(ii) Saturday 8.00 a.m. to 1.00 p.m.
(c) Sundays and Public Holidays are not working days. If the Contractor or the
nature of the Works then being carried out requires the supervision of the Resident
Engineer/Resident Architect and/or the Resident Supervisory Staff outside the
normal working hours then the Contractor shall reimburse all overtime supervision
cost incurred by the Employer due to such working outside normal working hours.
Payment for overtime supervision cost shall be made monthly through the Employer
and/or the respective Consultants to the parties concerned.
(d) Should the progress of the Works fall behind schedule due to the default of the
Contractor, the Architect shall have the right to request the Contractor to increase
his equipment and labour force and/or to exercise the Contractor's discretion as
stated above to continue work beyond normal working hours, including night work,
in order to make up lost time to bring progress up to targeted levels as provided by
the Original Project Programme.
(e) Night work shall only be carried out with the written approval of the Proper
Authorities and the Architect.

DESCRIPTIONS RM
CONSTRUCTION PROGRAMME
(a) The Contractor shall, upon award of Contract and upon approval of the Original
Project Programme be required to further prepare and produce to the Architect, a
construction hard copy programme (hereinafter called "Construction Programme")
on which are included adequate details of every sequence and event necessary for
sectional completion and for completion of the Works as a whole within the Periods
for Practical Completion. The Construction programme shall be subject to the
approval of the Architect but shall not form part of the Contract.
(b) The Construction Programme shall show every significant activity required for
the completion of the Sectional Works and the Works as a whole:-
(i) The Works or part or parts thereof to be executed by the Sub-Contractors and
Nominated Sub-Contractors.
(ii) The supply of any required drawing or information by the Architect or

Consultants.
(iii) The approvals required from the Proper Authorities.
(iv) The provision and approval of shop drawings and samples.
(v) The supply of essential materials, goods, major equipment, plant and machinery.
(vi) Any significant and all off-Site activities such as pre-fabrication etc.
(c) The Construction Programme shall indicate the estimated duration of each
activity and the precedence relationship between activities, and between the Works
as a whole.
(d) The Construction Programme shall be such that the Contractor's intentions and
sequence of Works shall be clearly identified and defined.
(e) A current copy of the Construction Programme and details thereof shall be
available at the Site Office at all times for inspection by all persons concerned with
the Works.
(f) The Construction Programme shall clearly show:
(i) The start and finish times for each activity.
(ii) A means of relating start and finish times to calendar dates after taking into
account the relevant public holidays and working days per week.

DESCRIPTIONS RM
(iii) The total float for each activity.
(iv) The sequence of activities which constitutes the critical path.
(g) The Construction Programme shall have supporting details of any features of
planned timing that have a significant bearing on its achievement. These shall
include:-
(i) Estimated crewing at each stage.
(ii) Major items of equipment, plant and machinery including cranage.
(iii) Key items from the Quality Assurance Programme.
(iv) Planned working days for Calendar week and planned non-working days
together with the working hours per day for respective tasks.
(v) Contingency time available to make up lost time due to inclement weather and/or
other causes.
(vi) Lead-Times for supply of significant materials and goods.
(h) Submit six (6) copies of the Construction Programme to the Architect.
Subsequently make all alterations as required by the Architect and submit six (6)
copies of the approved Construction Programme to the Architect
(i) The Contractor shall agree detailed programmes for the Works or parts of the
Works to be executed by the Nominated Sub-Contractors and incorporate same
milestones into the Construction Programme. In complex areas it may be necessary
to prepare individual detailed programmes. The Contractor shall prepare and
review with each of the Nominated Sub-Contractors, the following information which
is to be submitted as part of the Sub-Contractors' works programme:-
(i) The Contractor shall prepare, with each significant trade Nominated Sub-
Contractor a schedule of samples, shop drawings and their submission dates,
together with resource requirements to achieve the on-Site programme.
(ii) The Contractor shall prepare with each Nominated Sub-Contractor an analysis of
their off-Site manufacturing resource requirements and production schedules to
demonstrate that they are capable of all off-Site manufacture to achieve the on-Site
program.
(iii) The Contractor shall monitor and report to the Architect on the progress of the
detailed off-Site production programmes at fortnightly intervals.

DESCRIPTIONS RM
(iv) The Contractor shall prepare with each Sub-Contractor a profile of labour
resources required to achieve the Construction Programme.
(v) Where several trades are inter-dependant and must be reflected on a single
detailed programme, the Construction Programme is to be modified by the
Contractor to reflect the Sub-Contractor's agreed method of working and resource
levels.
(j) (i) The Construction Programme shall be updated every two months by the
Contractor or at such intervals as instructed by the Architect.
(ii) If in the opinion of the Architect the actual progress of the Works and the
Construction Programme show divergence sufficient for them to be regarded as
incompatible, the Architect shall be entitled to require the production of a new and
updated Construction Programme.
(k) If and when variations are issued, the Construction Programme shall be revised
and/or updated to incorporate those variations.
All Construction Programmes require the Architect's approval and six (6) copies of
the approved revised or updated Construction Programmes shall be provided to the
Architect.
(l) Other additional and short term detailed programmes shall be prepared by the
Contractor every two months or as when required by the Architect, covering the next
subsequent three months (whichever shall be the more frequent). These "rolling"
details and additional detailed programmes (including Commissioning and Off-Site
activities) required by the Architect are to be co-ordinated with the Construction
Programme and used by the Contractor for more detailed planning of the Works.
Six (6) copies of the above programmes shall be submitted to the Architect
(m) The Contractor shall not be entitled to any extra cost and expense resulting
from:-
(i) Any deviation from the Construction Programme directed or instructed by the
Architect, or
(ii) A revision or update of the Construction Programme required by this Clause.
(n) The Contractor shall carry reviews of the Construction Programmes in detail and
report them fortnightly or at such intervals as may be deemed necessary or
desirable by the Architect.

DESCRIPTIONS RM
(o) The Contractor shall on a monthly basis provide a Construction Programme

report in writing to the Architect. This report shall include the following information in
addition to the information to be provided in the Project Programme:-
(i) Details of any activities on the Construction Programme which are in arrears.
(ii) Any foreseen or anticipated delays to future activities on the Construction

Programme.
(iii) The likely effect on the construction programme of any actual, foreseen or
anticipated delays.
(iv) The action proposed or recommended to compensate for the effect of any
delays.
(v) Status of all activities, as analysed by the Critical Path Method from the
Construction Programme.
(vi) Copy of the latest Construction Programmes
(p) The Construction Programme report is to be submitted with the monthly

Progress Report.
(q) PROVIDED ALWAYS it is hereby emphasized and restated that the

Construction Programmes or any subsequent modifications or updates thereto shall
not under any circumstances form part of the Contract and notwithstanding the
submission to and approval of the Construction Programme by the Architect, the
responsibility and obligations of the Contractor shall rest solely within the four
corners of the Original Project Programme and the permitted variations thereto. The
Construction Programmes or any subsequent modifications or updates thereto are
only intended at all times to be a guide and means to monitor the actual progress of
the Sectional Works and the Works as a whole. Save that the current or latest
Construction Programme may be evidence of the stage or level of Works effected
and/or to be effected, the Construction Programmes shall be without any other any
legal effect or consequences whatsoever
REVISED CONSTRUCTION PROGRAMMES & DELAY

(a) Upon it becoming reasonably apparent (which decision shall be the Contractor's)
that the Contractor shall be delayed for any reason whatsoever regardless of
whether the cause of the delay is provided for pursuant to Clause 23 of the
Conditions or not, the Contractor shall submit to the Architect, a Construction
Programme or a revised variation thereof explaining how the Contractor intends to
make up lost time and complete the Works as a whole. The Construction
Programme or revised version thereof shall show with details and particulars as to
how the Contractor intends to make up for lost time and complete the Works as a
whole within time and where appropriate the Contractor shall stipulate the additional
time to be incurred.

DESCRIPTIONS RM
(b) Provided Always the Architect shall without prejudice to sub-clause (c) below,
also be empowered on the Architect's own accord require the Contractor to draw up
Construction Programmes and/or revised versions thereof from time to time.
(c) Upon it becoming reasonably apparent (which decision shall be the Architect's)
that the Contractor shall for any reason whatsoever be unable to complete the
Works as a whole by the relevant Periods of Completion as stated in the Appendix
to the Conditions or within any extended time fixed under Clause 23 of the
Conditions, the Architect shall have the right to instruct the Contractor to finish off
any current outstanding tasks and thereafter to allow the Employer to take over any
part or parts of or all of the Works.
(i) In such event the Contractor shall within one week of receipt of the instruction
submit to the Architect for the Architect's further comments and instructions, a
Construction Programme or a revised variation thereof explaining with details and
particulars how the Contractor intends to make up lost time and complete the
balance Works not taken over by the Employer within time and where appropriate
the Contractor shall stipulate the additional time to be incurred.
(ii) Upon receipt of the Architect's comments and/or further instructions, the
Contractor shall immediately re-organise and take all the necessary action to
complete the balance of the Works in compliance with the instructions.
(iii) The Contractor shall not however be entitled thereafter to any payment for the
part or parts of the Works so taken out.
(d) Provided Always all such taking over of part or parts of the Works by the
Employer shall not be construed as or deemed to be "Sectional Completion". The
Contractor shall remain solely liable and responsible for the Works effected by the
Contractor, including but not limited to the quality of all the Works done and all
delays thereto up to the date the same shall be taken over by the Employer and the
Defects Liability Period shall continue to apply to such Works previously effected by
the Contractor.
For the avoidance of doubt, it is hereby stated that regardless of the taking over by
the Employer the Contractor's obligations to complete the balance of the Works on
time shall remain unchanged.
(e) Save that the part or parts of the Works taken over by the Employer shall no
longer be deemed relevant to the completion of the balance of the Sectional Works
or the Works as a whole, the Contractor shall not be entitled to make any claim for
any loss, expense or damage or for any extensions of time for any delays incurred
by the Contractor in complying with such instructions.

DESCRIPTIONS RM
(f) The Contractor shall ensure that various insurance coverage taken out by the
Contractor pursuant to the terms and conditions of the Contract shall be extended
to include coverage of any and all the works carried out by the Employer and/or
Other Contractors after the take over of part or parts of the Works as provided
above or pursuant to any other clause in the Contract. Such additional coverage
shall be kept current and valid until the Employer and/or the Other Contractors shall
have completed their works.
EXPEDITING PROGRESS OF WORKS

(a) If any reason which does not entitle the Contractor to an extension of time, the
rate of progress of the Works or any section of the Works is at any time, in the
opinion of the Architect, too slow to achieve completion by the Time for Completion
of the Works or any section of the Works, the Architect shall instruct the Contractor
accordingly. The Contractor shall not be entitled for any extra cost for expediting
work to catch up his own delay.
(b) The Contractor shall upon the receipt of such instruction take such steps as are
necessary to expedite progress and to complete the Works or any section of the
Works in accordance with the said instruction. Such steps shall include, if required
by the Architect, the preparation of a revised or modified Works programme for
acceptance.
(c) Unless the Architect shall issue an instruction for Variation. the Contractor shall
not be entitled to any payment whatsoever for taking the steps referred to above.
MATERIAL TESTS
(a) The Contractor shall allow for all expenses and fees (including costs of packing
and delivery of specimen and test reports) for all necessary tests conducted by
independent laboratories which the Architect may direct the Contractor to carry out
and/or in accordance with the Specifications.
(b) Regardless of any specified tests, the Contractor shall further undertake regular
tests and checks as may be required and directed by the Architect and to pay for all
costs, expenses and fees to ensure that the work effected is functional and as
specified.

DESCRIPTIONS RM
(c) Provide requisite apparatus and equipment, including skilled and experienced
staff for the purpose of carrying out tests on site also where required by the
Architect.
(d) All apparatus and equipment is to be on Site prior to commencement of Works

and shall be kept at the Contractor's temporary shed for the entire duration of the
Contract.
(e) Remove all apparatus and equipment from Site upon completion of the Works.
APPROVED EQUIVALENT
Where the term "approved equivalent" (or similar term) is appended to descriptions
in the Tender/Contract Documents for materials or goods to be incorporated into the
Works, it shall mean materials and goods of equal or better quality and standard
and capable of performing in all respects to the specified requirements, subject
always to the approval of the Architect. Where equivalents are to be offered, the
Contractor must submit relevant details with their tenders. Where an equivalent is
offered with their tender but approval is not given or no equivalent is offered with
their tender, the Contractor shall complete the works as described as if the term
"approved equivalent" (or similar term) was not included in the description. If after
the date of the Letter of Award an alternative is offered to the specified materials of
goods in respect of such items then it shall be dealt with as described under the
heading "SUBSTITUTE MATERIALS AND GOODS" later in these Preliminaries.
SAMPLES
(a) The Contractor shall submit samples free of charge, carry out and pay for all
tests of each and every type of materials and goods to be incorporated into the
Works and workmanship if required by the Architect and to obtain written approval
before ordering in bulk.
(b) The Contractor shall provide in situ samples and mock up panels as required by
the Architect at locations to be nominated by the Architect and further to obtain the
approval of the Architect for the same. All approved samples and mock up panels
duly approved shall remain intact for the duration of the Contract.
Certificates and Payments

"Materials and goods" shall mean materials and goods which shall form a
permanent part of the Works. The percentage of materials and goods on Site or
adjacent to the Site to be included in the progress payments certificates shall refer
to the percentage as stated in the Appendix of Main Contract.
Materials and/or goods on Site which are intended for temporary work only, e.g.
formwork, shall not be included in progress payments certificates.

DESCRIPTIONS RM
OPENING UP OF WORKS FOR INSPECTION
(a) The Architect may issue instructions requiring the Contractor to suspend any of
the Works or parts thereof and open up for inspection any of the Works or parts
thereof covered up or to arrange for or carry out any test of any materials or goods
(whether or not already incorporated in the Works) or of any of the executed Works
["Inspection"] at the Architect's discretion.
Provided that the instruction requiring such Inspection shall be reasonable in light of
previously discovered breaches, faulty workmanship, inadequate supervision on the
part of the Contractor and/or symptoms thereof, then the Contractor shall bear all
cost and expense of such Inspection regardless of the result or conclusion reached
or revealed after such Inspection.
(b) For the avoidance of doubt in the event of any suspension of Works or parts
thereof as described above the Contractor shall not be entitled to:-
(i) Claim for any extension of time pursuant to Clause 23 of the Conditions of
Contract;
(ii) Claim for any loss and expense pursuant to Clause 24 of the Conditions of
Contract; and/or
(iii) Determine this Contract pursuant to Clause 26(1)(c)(vii) of the Conditions of

Contract.
APPROVALS, TESTING AND COMMISSIONING OF WORKS
(a) The Contractor shall be solely liable and responsible for all arrangements with
the Proper Authorities to carry out inspections, the running of tests and
commissioning of the completed Works or completed parts thereof and thereafter to
obtain from the relevant Proper Authorities their approvals for the completed Works
or completed parts thereof ["Completion Approvals"].
(b) The Contractor is required to particularly note that there are parts of the Works
which cannot be covered up until the Completion Approvals have been obtained.
(c) By reasons of the above, the nature of the Site and the scope of the Works, the
Contractor shall be entitled as the Works progress to obtain Completion Approvals
progressively for the completed parts of the Works.
(d) All such tests and inspections shall be conducted in the presence of the
Architect and the relevant Consultants and the Contractor shall give the Architect
and the relevant Consultants at least 3 days notice of the time, date and place of the
same.

DESCRIPTIONS RM
The Contractor shall ensure that all Completion Approvals are received in writing
and the original copies thereof shall be remitted to the Architect and the Employer.
(e) Provided Always that the inspections and testing of the Works or parts thereof
shall be conducted under normal operating conditions and where applicable under
emergency operating conditions.
(f) The inspections and testing of the Works or parts thereof shall include but not be
limited to the following exercises to be performed or executed in the sequence
provided below:-
i] Where the relevant services to be tested have been completed by a Sub-

Contractor, a demonstration of the relevant services under normal and emergency
conditions by the relevant Sub-Contractors to the satisfaction of the Contractor;
ii] Demonstration of the relevant services under normal and emergency conditions
by the relevant Sub-Contractors or the Contractor (as the case may be) to the
satisfaction of the Architect and/or relevant Consultants; and
iii] Demonstration of the relevant services under normal and emergency conditions
by the relevant Sub-Contractors or the Contractor (as the case may be) to the
satisfaction of the Proper Authorities; and
iv] The obtaining of all the Completion Approvals from the Proper Authorities.
(g) Provided Always that all inspections and tests of the Works shall include testing
the relevant services with all other associated and/or interlinked services.
(h) Where the Proper Authorities, Architect and/or the relevant Consultants shall not
be satisfied with the results of the inspection or test the Contractor shall forthwith
carry out all the necessary and required remedial works specified by the Proper
Authorities, Architect and/or the relevant Consultants and shall thereafter arrange
for a further inspection and test.
(i) The Contractor shall provide all the equipment and such experienced and
competent staff as may be necessary to do the following:-
i] Set out comprehensive and complete procedures for inspections and tests.
ii] Efficient coordination and management of the inspections and tests.
iii] Keep detailed records of the results of the inspections and tests and provide
copies of the same to the Employer, Architect and/or Consultants.

DESCRIPTIONS RM
(iv) Make good all part or parts of the Works disturbed by inspection and test.
(v) Supply samples of all materials and assembly mock-up as required for testing.
Label and identify samples as required. Protect and properly orient approved
samples in location convenient for comparison purposes. Provide adequate lighting
for samples. Package or crate samples and deliver to a single location as directed.
(vi) Provide storage on Site or alternatively at an approved place near to Site for
laboratory's exclusive use to store equipment and cure test samples.
(vii) Where materials and goods are specified or directed by the Architect to be
tested, the Contractor shall deliver representative samples in the required quantity
to the testing laboratory.
(viii) The Contractor shall not rely solely on the results of the test relative to his own
quality control measures, and it shall not relieve the Contractor from his obligations
and responsibilities under the Contract for the proper conduct of the Works and for
conducting whatever tests are necessary to be certain that the Works is conducted
in accordance with the Contract.
The Contractor shall also ensure that all relevant Nominated Sub-Contractors shall
in like manner provide the necessary personnel, facilities, equipment and input
required for the efficient and proper carrying out of the inspections and tests.
(j) The Contractor shall be solely liable and responsible for all costs and expenses
including but not limited to the cost of water, power and fuel required for the
inspections and tests.
(k) For the avoidance of doubt, it is hereby specifically stated that notwithstanding
that Completion Approvals may have been received for parts of the Works or all of
the Works, the Works shall not be deemed completed for the purposes of this
Contract until and unless the Certificate of Practical Completion shall have been
issued by the Architect.
It is further to be noted that the Certificate of Practical Completion shall not be

issued until all the Completion Approvals shall have been obtained for all of the
Works.
ORDERING OF MATERIALS AND EQUIPMENT
(a) The contractor shall place orders for specified materials, goods, equipment,
plant and machinery ["Materials and Equipment"] required for the Works at the
earliest possible date and produce at the request of the Architect all records
confirming that the necessary orders had been placed.

DESCRIPTIONS RM
(b) The contractor shall make every effort to ensure adequate supply of Materials
and Equipment for each stage of the Works.
(c) The contractor shall immediately inform the Architect of any possible delay in
delivery of any Materials and Equipment and suggest alternative sources of supply
where necessary.
(d) The Bills of Quantities are not to be used as the basis for ordering any material.
Any quantities that may be provided in the tender documents are meant for
GUIDANCE ONLY and shall, in no way, be construed as limiting or extending the
scope of works to be carried out. On no account shall the quantities be used as a
basis for ordering of materials.
(e) In the event that the Contractor shall fail for any reason whatsoever to supply
any Materials and Equipment in sufficient time to enable the Contract to be
completed by the agreed date for completion then in such event the Employer may
supply the Materials and Equipment or a part thereof. If the Employer supplies such
Materials and Equipment the cost in respect thereof is to be borne by the Contractor
shall be either one of the following which ever shall be the higher:-
i] The current market value as at the date of delivery;
or,
ii] The actual cost to the Employer, including all administrative fees and other
overhead charges.
(f) In no way shall the Materials and Equipment ordered or supplied by the Employer
relieve the Contractor of any of his obligations or responsibilities under the Contract.
SUBSTITUTE MATERIALS AND EQUIPMENT
(a) If during the course of the Contract certain Materials and Equipment required for
use in the Works should be unobtainable despite the efforts of the Contractor, then
the Contractor may offer substitute Materials and Equipment for the approval of the
Architect. These substitute Materials and Equipment must be suitable and
appropriate for use in the Works. Acceptance or rejection of such substitute
Materials and Equipment shall be at the sole discretion of the Architect.

DESCRIPTIONS RM
(b) Where the term "approved equivalent" is appended to specification clauses or

descriptions in the Schedule of Works for materials or goods to be incorporated into
the Works, it shall mean materials and goods of equal or better quality, standard,
manufacture and shall be capable of performing in all respects up to specified
requirements. Which materials and goods selected or chosen by the Contractor
shall nevertheless be subject to the prior approval of the Architect.
(c) Where equivalents are offered, the Contractor shall submit relevant details of the
Contractor's selection or choice with the Contractor's tender.
(d) In the event of acceptance, a suitable price reduction shall be made in respect of
any decrease in quality or value, but no price addition shall be made in respect of
increase in quality or value. Should the proposed substitute Materials and
Equipment be rejected, the Contractor shall pursuant to the terms and conditions of
this Contract and solely liable and responsible for any delay or loss occasioned by
the failure to provide Materials and Equipment as specified.
UNSPECIFIED ITEMS
The Contractor shall ensure that any materials and goods required for the Works
which are left to the choice of the Contractor shall be of good quality, fit for their
intended purpose and shall be in compliance with good building practice.
IMPORTED MATERIALS AND EQUIPMENT
(a) Notwithstanding the fact that certain Materials and Equipment may not be readily
available locally, the Contractor shall ensure that such Materials and Equipment
shall be available at the times required.
(b) The Contractor shall place orders in due time for all imported Materials and
Equipment, with firm delivery dates from the suppliers and manufacturers to comply
with the Original Project Programme.
(c) Copies of the Contractor's official requisitions for such Materials and Equipment
together with the suppliers' and manufacturers' firm delivery dates are to be
submitted to the Architect.
(d) The Contractor shall maintain for inspection by the Architect complete records of
sources of supply of specified Materials and Equipment.

DESCRIPTIONS RM
SHIPMENT OF MATERIAL
In the event material or equipment for this project are to be shipped from abroad or
elsewhere, the Contractor shall arrange for same in such manner as to facilitate
handling. Protect from damage or deterioration in transit.
Transport all the material required for the Works from the shop to the Site and take
full responsibility for loading and unloading, handling, transportation, storage at Site
and necessary insurances. The Contractor shall deliver the material to the Site in
adequate time for its preparation and erection according to the approved
programme.
To enable particular delivery or consignment to be easily identified, the Contractor's

packing list shall include the following:-
(i) Number of packages in shipment;
(ii) Weight, dimension and volume of each package; and
(iii) A detailed listing of each item contained within each package, clearly identifying
each item and quantity thereof.
The Contractor shall be responsible for customs clearance, loading, shipping,

unloading and placing material at the site storage yard, including all insurances
whilst in transit.
WARRANTIES, GUARANTEES AND INDEMNITIES
The Contractor shall provide the following warranties in the format set out in the
Appendices to the Tender/Contract Documents:
(a) A ten (10) years warranty against deterioration or defects in waterproofing works
(b) A five (5) years warranty against deterioration or defects in external & internal
painting works
(c) A ten (10) years warranty against performance deterioration or defects in

aluminium and glazing works
(d) A five (5) years warranty against deterioration or defects in anti-termite treatment
(e) A five (5) years warranty against metal work
(f) A ten (10) years warranty againt tiled roofing and metal deck roof system
(g) Any other warranties as required by the Mechanical and Electrical Engineer
(h) Any other warranties as required by the Architect.

DESCRIPTIONS RM
Nominated Sub-Contractors may be required to enter into a Warranty Agreement

with the Employer in the format set out in the Sub-Contract Documents. If for any
reason the Warranty Agreement is not entered into prior to the Architect nominating
a Nominated Sub-Contractor, the Contractor shall ensure that the Warranty
Agreement is entered into by the Nominated Sub-Contractor. The Warranty
Agreement in no way affects the rights and liabilities of the Employer or the
Contractor under the Contract
Allow here for providing any other indemnities, warranties or guarantees required by
the Tender/Contract Documents
In the event the Contractor fail to submit the required warranties to the Architect
upon completion of works, the Architect reserve the rights to withhold the issuance
of Certificate of Practical Completion to the Contractor.
MANUFACTURER'S WARRANTIES
(a) All warranties and/or guarantees offered by the suppliers or manufacturers with
respect to any Materials and Equipment ordered by the Contractor shall be secured
by the Contractor in favour of the Employer or where secured in the name of the
Contractor such warranties and/or guarantees shall be assigned the Employer.
(b) The form of the Warranty shall be as shown under Appendix Manufacturer's
Warranty/Guarantee/Indemnity herein.
TAX INCENTIVES OBTAINED BY THE EMPLOYER
The Employer may apply for tax incentives from the Government of Malaysia in
respect of the Works (or the project for which the Works form a part) in the form of
tax exemption, tax credit, tax benefits or any other form. This may be by way of any
scheme or facility available (or which may become available) or as otherwise may
be granted by the Government of Malaysia in respect of the Works/project.
The Contractor shall, at his own cost, co-operate with the Employer and take
whatever action is required by the Employer at such times as may be necessary to
facilitate the obtaining of such tax incentives for the benefit of the Employer. This
shall include providing the Employer with copies of relevant documents and other
information (including disclosure of supply costs and applicable duties/taxes if
required) and complying with all other requirements and procedures necessary to
enable the Employer to benefit from any such tax incentives which the Employer
may be (or may become) entitled to in respect of the Works/project.

DESCRIPTIONS RM
In particular, where such tax incentives are given by way of tax or duty exemption
the Contractor shall, if required, complete lists of materials, goods and equipment
for the Works with such details as may be required (including full declaration of
supply costs and applicable duties/taxes if required) and making arrangements with
the Malaysian Customs Authorities in regard to such exemption. For the avoidance
of doubt, the Contractor shall allow in the Contract Sum for all applicable duties and
taxes as if no such tax exemption has been granted to the Employer. Any such tax
or duty exemption obtained (or which should have been obtained) shall be to the
benefit of the Employer by way of reduction to the Contract Sum.
IMPORT DUTY, TAXES AND CUSTOMS REGULATIONS
(a) The Contractor shall thoroughly acquaint himself with all the procedures and
requirements for the importation of Materials and Equipment including but not
limited to details of the Customs Regulations (including all restrictions, prohibition,
import duty, excise duty, taxes and levies) and shall be deemed to have allowed in
his tender for all such financial contingencies as he may incur.
(b) The Contractor shall be solely liable and responsible in obtaining all necessary
approvals, permits and import licenses before ordering Materials and Equipment
from overseas. Any neglect, refusal and/or failure thereof shall not entitle the
Contractor to make any claims for additional costs and expenses and/or extension
of time.
(c) The Contractor shall take note of any ban on imported Materials and Equipment
imposed by the Government from time to time. In the event of any such ban being
imposed on any imported Materials and Equipment intended for use on the Works,
the Contractor shall obtain the Materials and Equipment locally.
(d) The Contractor shall bear all costs and expenses arising from or incidental to
increases in import duty, excise duty, levies, tariffs and taxes, restrictions, quotas,
prohibitive orders and ban imposed on the imported Materials and Equipment
intended for use on the Works and the Contractor shall not be entitled to claim the
same from the Employer.
DELIVERIES
(a) The Contractor shall programme deliveries of Materials and Equipment to Site
such as to minimise handling and deterioration at Site.
(b) The Contractor shall ensure that all Materials and Equipment liable to damage
during transport shall be transported in manufacturer's wrapping and given such
other protection as may be required.
(c) The Contractor shall inspect all deliveries and immediately remove from Site any
Materials or Equipment which are damaged, deteriorated, defective or not
conforming to the specification.

DESCRIPTIONS RM
INVOICES, RECEIPTS, ETC.
(a) Produce for inspection/retention all time sheets, original copies of delivery notes,
invoices, accounts, receipts, test certificates and such other vouchers and records
as the Quantity Surveyor may require in connection with the preparation of the
Interim Certificates and Final Certificate.
PAYMENTS TO NOMINATED SUB-CONTRACTORS / NOMINATED SUPPLIERS
At the times scheduled for submission of progress payment claims for inclusion in
interim certificates, the Contractor shall submit to the Quantity Surveyor a statement
from each of the Nominated Sub-Contractors/Nominated Suppliers showing:-
(i) The gross amount claimed; and
(ii) The amount received from the Contractor to-date.
These statements, together with receipted invoices of Nominated Sub-

Contractors/Nominated Suppliers will be accepted as "reasonable proof" of payment
by the Contractor to Nominated Sub-Contractors/Nominated Suppliers.
Payments to the Nominated Sub-Contractors/Nominated Suppliers shall be made

through the Main Contractor. For payments to the Nominated Sub-Contractors/
Nominated Suppliers, the Employer shall issue cheques in the name of Nominated
Sub-Contractors / Nominated Suppliers and pass to the Main Contractors as if the
payment is made to the Main Contractor who shall hand over the cheques to the
respective Nominated Sub-Contractors / Nominated Suppliers. Under special
circumstances and in the event of default in payment by the Main Contractor to
Nominated Sub-Contractors/Nominated Suppliers, the Employer reserves the right
to issue direct payment to the Nominated Sub-Contractors/Nominated Suppliers
and deduct the amount thereof from any sums due to the Main Contractor. The
exercise of this power shall not create any privity of Contract between the Employer
and the Nominated Sub-Contractors/Nominated Suppliers.
On completion of the Contract, the Contractor is required to show proof that all
payments due to the Nominated Sub-Contractors/Nominated Suppliers have been
fully paid. The Contractor will be required to provide a letter of indemnity to the
Employer against any claims by Sub-Contractors or Suppliers.

DESCRIPTIONS RM
CONSULTANTS' SITE OFFICE

The Contractor shall at a location to be indicated by the Architect construct and/or
alternatively set up a Consultants' Site Office at location near the Site for the use of
the Consultants and their representatives or other parties authorised by the
Architect. In that respect, the Contractor shall at the Contractor's sole cost and
expense set up the Consultants' Site Office, provide for and comply with the
following:
(a) The Consultants' Site Office shall be 2 No. of 20' containers complete with all
necessary sub-division, meeting room, lighting, lock-up cupboards, drawing
benches, plan chests, pinboards, whiteboards, meeting room with 12 chairs
complete with table, site office complete with 3 chairs and desks, facilities and such
other appliances. Light refreshments e.g. drinks, biscuits, bread/sandwich, cakes,
etc, etc shall be provided during each site meeting. The Consultants' Site Office
shall be painted inside and out to comply with the Architect's requirement. The Site
Office shall be provided with one (1) No. new 1 H.P. air-conditioning units to or such
other air cooling systems as required and directed by the Architect. A separate toilet
shall be allocated for Consultant use and shall be locked at all times.
(b) Pay all maintenance costs including charges for power and water consumed.
Provide daily cleaning services, deodorise and keep all areas of the Site Office in
clean and sanitised condition. Alter, adapt and re-paint inside out from time to time
in compliance with the requirements of the Architect and the Proper Authorities.
(c) Upon the Completion of the Works or earlier if the Architect so decides, the
Contractor shall remove the Consultants' Site Office. Remove also all debris off the
Site and reinstate existing areas to match the surrounding and as directed by the
Architect.
TEMPORARY TELEPHONE/FAX
(a) The Contractor shall at the Contractor's sole cost and expense provide and
maintain one combined telephone and fax line to the Consultants' Site Office for the
full duration of this Contract.
(b) The Contractor shall be liable and responsible for all charges, maintenance,
rentals and other expense arising from or incidental to the connection, maintenance
and operation of the above equipment, for the full duration of this Contract.
(c) The Contractor shall terminate the service and/or transfer for the Employer
complete with equipment in accordance with the Architect's instruction on
completion of the Works.

DESCRIPTIONS RM
SIGNBOARDS
The Contractor shall at the Contractor's sole cost and expense do and comply with
the following:-
(a) Maintain signboards complete with all sign-writing, as approved by the Architect
and the Proper Authorities, for use at the Site.
(b) Extend, adapt, re-position, rewrite and re-paint the aforementioned signboards
from time to time as required by the Architect and/or the Proper Authorities at no
extra cost or charge.
(c) Prohibit any other advertising at the Site.

(d) To take down and remove all of the above upon completion of the Works and
make good to original state.

DESCRIPTIONS RM
ADVERTISING
(a) The Employer reserves the sole right of advertising on the Site or surrounding
areas. The Contractor shall not allow and must ensure that no other advertisement
is displayed without the written consent of the Architect. The Contractor shall
remove immediately any posters or graffiti applied on any part of the Works and to
clean and make good to original state.
QUALITY MANAGEMENT (QM)
The Contractor shall at all times be expected to ensure that any and all Works
carried out, performed and/or executed by the Contractor shall be properly and
effectively managed and supervised by appropriate personnel with the relevant
experience and expertise. Consequent thereto the Contractor is required to exercise
strict quality control with respect to the Works being carried out and completed.
(a) Workmanship
The Contractor shall at all times be expected to execute and complete the Works in
accordance with the highest quality standards of the building industry by skilled
workers qualified in their respective trades, under the supervision of a competent
Site Manager.
The Contractor shall install, operate and handle all materials, goods, equipment,
plant and machinery in accordance with good building practice and/or suppliers' or
manufacturers' directions.
(b) Access to the Works
The Architect shall at all times have access to the Works as a whole, whether on or
off Site. If parts of the Works are in preparation at locations other than the Site, the
Architect shall be given access to such Works wherever it is in progress. If the
Contractor covers or permits to be covered Works that have been designated for
inspections, tests, reviews or approvals before such inspections, tests, reviews or
approvals are made, given or completed, the Contractor shall, if so directed uncover
such Works for inspection and testing and thereafter reclose such Works at the
Contractor's sole cost and expense.
(c) Rejected Works
(i) All defective and/or damaged Works, whether resulting from poor workmanship,
use of defective materials or goods, caused by any act, omission or negligence on
the part of the Contractor and/or the Sub-Contractors may be rejected by the
Architect. All rejected Works shall be remedied, corrected, replaced, re-executed
and/or removed from the Site by the Contractor at the Contractor's sole cost and
expense.

DESCRIPTIONS RM
(ii) Any and all other Works damaged during the course of the above shall similarly
be made good in like manner at the Contractor's sole cost and expense.
(iii) If in the opinion of the Architect it is not expedient to correct defective and/or
damaged Works, the Architect may at the Architect's sole discretion deduct from
the Contract Sum the difference in value between the defective and/or damaged
Works and the value of the Works had the Works been performed in accordance
with this Contract. The difference in value as determined by the Architect shall be
final and binding on the parties.
(iv) The Contractor shall not be entitled to claim any additional cost and expense or
extension of time howsoever arising from and/or incidental to the rejection of
defective and/or damaged Works.
(d) Quality Plans
the following:-
(i) The Contractor shall establish and implement Quality Plans to the Architect's
requirements and approval. The Quality Plans shall indicate how the Contractor
intends to plan, implement, verify, manage, monitor and control the timely
completion and delivery of the Works and the quality of Works.
(ii) The Quality Plan established by the Contractor shall be consistent with ISO 9000
or other recognised International Quality Plan system as approved by the Architect.
(iii) The Contractor shall be solely liable and responsible for ensuring that all
Sub‑Contractors establish and report on formal Quality Plans consistent with ISO
9000, or equivalent to the approval of the Architect.
(iv) The Contractor shall establish quarterly, Quality Plans which shall be submitted
to the Architect for approval by the end of the second month of each quarter.
(v) The Contractor shall establish as part of the Quality Plan, formal inspection
checklist and programmes subject to the Architect's approval for all trades of works.
(vi) The Contractor shall establish a Quality Control Circle where members shall be
subject to Architect's approval monitor and ensure compliance to construction
drawings and specifications.

DESCRIPTIONS RM
QUALITY ASSURANCE (QA)
the following:-
(a) The Contractor shall be solely liable and responsible for the quality control of the
Works and shall implement, operate and maintain a Quality Assurance Programme
["QA Programme"] on the basis of ISO 9000 to ensure the Contract is completed in
accordance with the Contract Documents.
(b) The Contractor shall implement the QA Programme to provide detailed

procedures for management of the following aspects:-
(i) Design;
(ii) Procurement, manufacture and packaging; and
(iii) Construction erection and fitout.
(iv) Commissioning
(v) Inspections prior to Practical Completion.
(c) The Contractor shall consider the following issues as part of their QA
Programme:-
(i) Monitoring and control off-Site activities.
(ii) Shop drawing production approval and implementation.
(iii) Review procedures - format for records and follow-up.
(iv) Management procedures for Quality Assurance personnel.
(v) Testing procedures during commissioning.
(vi) Procedures for rectification of faulty workmanship - self-regulatory by

Contractor.
(vii) Protection of finishes/materials during the Works.
(viii) The QA Procedures for Sub-Contractors and Suppliers.
(ix) Defects rectification during Defects Liability Period.

DESCRIPTIONS RM
(d) The QA Programme shall be developed to provide and implement QA

procedures. These procedures shall be described in a QA Plan. This QA Plan shall
be submitted by the Contractor in two parts. The first plan shall address all QA
activities planned for the first three months after Contract Award. The second part of
the Plan shall be submitted to Architect within the first two (2) months after
commencement on Site addressing all QA Procedures until final completion.
(e) Standards
Except as otherwise indicated in the Contract, the industry standards referred to in

the specifications shall apply to all Works under the Contract and all such standards
shall refer only to the current editions of the industry standards, unless otherwise
indicated.
Where specifications list a standard, the product and workmanship as applicable,

shall meet the specified requirements of that standard.
Where specifications list a standard and a product is named, the quality level of the
product, as tested to the standard shall govern.
TASK FORCE FOR DEFECTS RECTIFICATION
The Contractor shall station constantly on site a task force with not less than 15
workers of various approved trades for the full duration of the Defects Liability
Period, and such further period to may be required by the Architect for the purpose
of standing to defects.
The pricing of the task force on site shall in no way exonerate the Contractor from
his full responsibility under this Contract to rectify defects and to undertake that all
rectification works are properly carried out and completed to the satisfaction of the
Architect
The Contractor shall provide details of the workers to the Employer. In any event, if
the workers are not available to carry out defects work during the Defect Liability
Period, the Employer has the right to make available respective workers to carry out
the rectification works and works and shall deduct the cost for providing the same
from the progress payment due to the Contractor

DESCRIPTIONS RM
DEFECT REPAIRS/MAINTENANCE, ETC.
If the Architect determines at any tine during the currency of the contract that any
remedial, protective repair or other like works is urgently necessary to prevent loss
of or other like works is urgently necessary to prevent loss of or the Works or to any
property or to prevent personal injury to any person, he will as soon as practicable
thereafter notify the Contractor of that determination and the Contractor shall carry
out urgent repairs immediately receipt of that notice.
The Contractor's response time for repair works shall not exceed the time limits set
by the Employer:-
Nature of Defects Response Time

(i) Emergency Works Immediate
(ii) Nuisance Defects 1 Week
(iii) Poor Workmanship 1 Week
(iv) Poor Material 1 Week
If the Contractor is unable or willing to do the work at once or within the designated
response time, the Employer may by his own or other workmen do such work as the
Architect may determine to be necessary. If the work so done by the Employer is
works that the Contractor was liable to do at his own expense under the Contract,
then all cost and charges properly incurred by the Employer in doing the work shall
be repaid to the Employer by the Contractor or may be deducted by Employer from
any monies which may then be or thereafter become payable by the Employer to
the Contractor.

DESCRIPTIONS RM
VALUE MANAGEMENT
(a) The Contractor shall attend and participate in all design meetings as deemed
appropriate and when requested by the Architect and shall attend and participate in
any Value Management workshops during the course of the Contract.
(b) The Contractor shall undertake a critical appraisal of the design and advise the
Architect on ways of improving such design where there can be savings in cost
and/or time to the overall Project.
(c) The Contractor shall undertake buildability studies and advise the Architect on
any more efficient construction methods that may result in time and cost saving.
(d) The Contractor shall undertake a critical appraisal of the design and contents of
each Specialist package and advise the Architect where there can be savings in
time and cost to the sub-contract package.
(e) The Contractor shall attend and participate at Design Concept and Value
Management workshops if requested.
(f) The Contractor's representative at the Value Management Workshops shall be in

senior position within the Contractor's Organisation and shall be technically
knowledgeable to actively participate and contribute to the Value Management
Workshops.

DESCRIPTIONS RM
SITE MANAGER (SM)
(a) The Contractor shall employ a full time Site Manager ["SM"] for necessary
management, supervision and superintendence of all of the Works for the full
duration of the Contract, and as long thereafter as the Architect may consider
necessary for the proper fulfilment of the Contractor's obligations and
responsibilities under the Contract.
b) The SM shall be competent in all aspects of works and shall be an Engineer by

profession with comprehensive theoretical background of construction methods and
industry, and a minimum of ten (10) years on-site experience. The SM shall be
fluent in spoken and written Bahasa Malaysia and English, have an aptitude for
organising and managing Workmen, be able to think quickly and decisively and deal
courteously and tactfully with all other personnel and parties involved or connected
with the Works and the Project as a whole. The SM shall be full time on Site and
shall be present at all times to supervise and manage the Works.
The SM shall thoroughly familiarise himself with the requirements of the Drawings
and Specifications for all the Works.
(c) Should the Architect find the then present SM unsuitable for any reason
whatsoever, the Contractor shall within one (1) month from receipt of a written
notice from the Architect employ a replacement subject to the prior approval of the
Architect for the post of SM.
MANAGEMENT AND SUPERVISION
(a) In addition to the SM, the Contractor shall provide for all on and off Site
management and supervision and all necessary clerical and supporting staff.
(b) All Site Staff requiring technical or professional knowledge or expertise shall as
a minimum requirement possess the relevant Diploma from either ITM/UTM/TAR
College or equivalent thereof and have at least five (5) years of relevant working
experience.
(c) The Architect has the absolute discretion to direct the Contractor to increase the
number of Site Staff or to obtain better qualified or more experienced Site Staff.
Should the Contractor fail to comply with the Architect's instructions in this regard,
the Architect may take such necessary action to provide such additional Site Staff at
the sole cost and expense of the Contractor.
(d) The Contractor shall also provide all necessary clerical and supporting staff.

DESCRIPTIONS RM
(e) The Contractor shall submit within two (2) weeks of the notification of
acceptance of tender, a list of the members of the Site Staff and supporting
personnel who shall be resident on Site for the duration of the Contract together
with their respective resumes and an overall Site Staff organization chart for the
Architect's prior approval.
(f) Should the Architect find any member of the Site Staff unsuitable for any reason
whatsoever, the Contractor shall within one (1) month from receipt of a written
notice from the Architect employ suitable replacements subject to the prior approval
of the Architect for the vacated positions.
(g) Once approved by the Architect and appointed by the Contractor, the Site Staff
and the Site Staff organizational chart shall not be changed, substituted or varied
without the Architect's prior approval.
HEALTH AND SAFETY OFFICER

(a) The Health and Safety Officer shall be responsible for the safety aspects of all
Site activities and shall possess qualifications recognised by the Machinery
Department and the Inspectorate of Fire Services.
(b) The Health and Safety Officer shall be stationed full time on site and attend and
provide briefing at all site meetings. If the Health and Safety Officer is not on site full
time, the Preliminaries cost shall be deducted.
AS BUILT DRAWINGS AND OPERATING AND MAINTENANCE INSTRUCTIONS
(a) The Contractor shall prepare, and shall cause all Nominated Sub-Contractors to
prepare, "As-Built" drawings for each of all works and coordinated with details of all
mechanical and electrical services in accordance with the requirements of the
Specifications. Unless otherwise specified, the Contractor shall submit six (6) sets
of reduced size drawings (at minimum A3 size) and one set of scaled drawings .
(b) The Contractor shall cause Nominated Sub-Contractors to submit six (6) sets
each of the various operations and maintenance instructions or manuals for all
services which shall include information provided by manufacturers, suppliers or the
Sub-Contractors (as the case may be) ["Manuals"]. The Manuals shall be bound in
book form with stout hard covers with the name of the Project embossed on the
frontcover and the edge binding.
(c) All such As-Built drawings and Manuals shall be submitted to the Architect prior
to the date of practical completion or upon expiry of any extended time to the Dates
of Completion thereof. Notwithstanding anything to the contrary, it shall be a
condition precedent to the release of any and all retention monies that the As-Built
drawings and Manuals shall first be submitted and accepted by the Architect.

DESCRIPTIONS RM
(d) During the progress of the Works the Contractor shall keep accurate records of
works, including all buried or hidden works, joining the exact size and location of all
service pipe, ducts, vents and the like, including all branches, changes in direction,
fittings, cocks, points of access, inspection points, cleaning holes, control valves,
sumps and junctions and of all footings, penetrations, reinforcement amendments.
(e) The Contractor shall be solely liable and responsible for obtaining from the
Nominated Sub-Contractors drawings and operating instructions as applicable in
respect of all services incorporated in the Works. Such drawings shall include
location of all access, inspection and control points, dimensions and relationship to
survey datum and/or levels.
(f) The Contractor shall consult with the Architect as to the numbers of, size and
form of the As-Built drawings required and as to soft copies of all such drawings, to
be by the numbers and in the size and form as shall be stipulated by the Architect.
(g) The As-Built drawings shall be handed over by the Contractor to the Architect as
required.
(h) Provided Always all such Manuals (whether as soft copies or otherwise as
stipulated by the Architect) shall include but be not limited to the following
information:
(i) A general description of the installation and/or service.
(ii) A description of all systems with a separate description for each system.
(iii) Start and stop procedures.
(iv) Identity of equipment suppliers/manufactures, including names, addresses and

telephone numbers.
(v) Plant, machinery and equipment details and relevant specifications.
(vi) Maintenance requirements.
(vii) Manufacturer's handbooks.
(viii) Performance data sheets.
(ix) Wiring diagrams and the like, as applicable.
(x) All plumbing, mechanical and electrical installations

DESCRIPTIONS RM
(xi) Piling works
(xii) External works and services
(xiii) Aluminium works (glass and windows)
(xiv) Metal works (Facade screen and railings)
(xv) Built-ins and fixed appliances
(xvi) Landscaping
(xvii) Building signage
(xviii) Any other works for which "as-built" drawings, diagrams or the like are
required by the Contract Document
All Manuals shall be produced in a standard format subject to the prior approval of
the Architect.
In accordance with page AAS/2 of Amendments, Amplifications and Supplementary

Clauses, the Contractor have to submit As-Built Drawings, Operation Manuals,
endorsement of Form G and obtain the Letter of Clearance by the Contractor for
purposes of Certificate of Completion and Compliance (CCC) as pre-requisites for
the issuance of Certificate of Practical Completion (CPC) by the Architect and this
shall form part of the Conditions of Contract.
SAFETY MEASURES DURING CONSTRUCTION
the following:-
(a) Provide sufficient quantities of safety helmets, safety boots or shoes, safety belts
and equipment for all the Workmen and Visitors to the Site during the execution of
Works.
(b) The Contractor shall ensure that all Workmen and Visitors to the Site during the
execution of Works:-
(i) Shall wear safety helmets, safety boots or shoes and/or safety belts;
(ii) Shall comply with all the Safety Rules and Regulations at all times on Site.
(c) The Contractor shall provide, install and maintain all the necessary protective
netting and take all safety measures for the protection of Workmen, Visitors and the
public against all risks of injury, especially from flying or dropping objects, etc. at all
the stages of the Works. Safety measures adopted shall satisfy all Approvals and
Authority's Requirements and the Contractor shall undertake to effect any other
additional safety measures as may be instructed from time to time by the Architect.

DESCRIPTIONS RM
(d) The framing for the netting and all such safety measures must be properly and
securely clamped, cleated and/or bolted to fixed and secure structures and properly
hung, braced and tied with steel wire cables with turnbuckles, etc. to ensure proper
and effective securing.
(e) The Contractor shall define, mark and maintain safe passages throughout the
Site for all Workmen and Visitors for access to all parts of the Site. The safe
passages shall have adequate headroom and lighting, free of all obstructions and
shall be properly enclosed and protected from falling objects.
(f) The Contractor shall provide barricades, screens and safety hatches to openings
at all pits.
(g) The Contractor shall provide adequate traffic cones, warning lights and signals,
safety signs and warnings in and around the Site.
(h) The Contractor shall keep Workmen and Visitors to the Site warned and notified
of all dangers and/or hazardous zones by conspicuous signs and notices. Visitors to
the Site during the execution of Works must be escorted at all times.
(i) The Contractor shall submit to the Architect for approval the method and design
of the all the netting and safety measures before fabrication and erection.
(j) The Contractor shall allow for maintaining, adding, adapting, modifying, taking
down, refixing of the netting and all the safety measures from time to time as and
when necessary.
(k) Provided Always that the Project Safety Committee's and/or the Architect's
approval or disapproval of any of the netting and/or safety measures proposed,
implemented and/or enforced by the Contractor shall not relieve the Contractor from
any one or more of the Contractor's obligations and responsibilities pursuant to the
Contract to ensure at all times the health and safety of the Workmen, Visitors and
the public from risks of injury, loss, damage or expense. The Contractor shall at all
times be solely liable and responsible for all safety measures implemented and/or
enforced.
FIRST AID FACILITIES
(a) The Contractor shall provide First Aid Facilities to the requirements of the
Architect and publish procedures for handling of injuries and emergencies. A
reasonable number of first aid kits shall be provided at suitable locations on Site
and an adequate number of persons instructed in their use.

DESCRIPTIONS RM
HEALTH AND HYGIENE
(a) The Contractor shall ensure that all Workmen shall be:-
(i) Instructed in regard to the use of the temporary latrines provided.
(ii) Instructed in regard to the importance of personal hygiene.
(iii) Instructed in the procedures for managing heat stress.
(b) The Contractor shall provide where directed adequate latrines with temporary
septic tanks, for the use of Workmen and Visitors together with washing facilities
with all necessary water and drainage connections.
(c) Provide an adequate supply of clean fresh water fit for drinking.
SAFETY REGULATIONS/SAFETY OF WORKMEN DURING CONSTRUCTION
"Visitors" shall for the purpose of this Contract mean the Employer, the Contractor,
the Sub-Contractors, the Consultants and all their respective employees,
representatives and/or their agents (whether members of the supervisory or
residential Site staff or otherwise) and all other authorised visitors to Site, other than
those qualified under the definition of Workmen.
a] The Contractor shall be solely liable and responsible for and shall ensure that all
Workmen, Visitors and the public (if any) at the Site during the execution of Works
shall at all times comply with all of the following:-
(i) Factories and Machinery Act 1967 (Act 139),
(ii) Occupational Safety and Health Act 1994;
(iii) All other relevant safety-at-work legislation and regulations imposed by law, the
proper authorities and/or the Architect from time to time.
(iv) All other additional, appropriate and required rules and regulations the
Contractor shall enforce for the health and safety of all Workmen, Visitors and the
public.
["hereinafter collectively referred to as the "Safety Rules and Regulations"]
(b) The Contractor shall initiate a training programme to ensure the Workmen shall
be aware of and comply with all Safety Rules and Regulations.
(c) Serve any and all notices as required by the Proper Authorities to such
authorities not later than seven (7) days before the commencement of the Works.

DESCRIPTIONS RM
(d) The Contractor shall ensure that all Workmen:-
(i) Undergo a full briefing of the Safety Rules & Regulations and are issued with
safety helmets, safety boots, shoes and safety belts.
(ii) Undergo training in the operation of equipment, plant, machinery and tools
where the operation of such equipment, plant, machinery and tools forms a
potential risk to the Workmen and others.
(iii) Ensure that the Workmen operating such equipment, plant, machinery and
tools shall be certified as having acquired the necessary expertise and skill for the
proper and safe operation of the same.
(e) If at anytime, any Workmen are found to be in breach of sub-clause (d) above,
the Architect shall be entitled to give a notice in writing to the Contractor to suspend
the Workmen concerned pursuant to Supplemental Clause "Safety Measures
During Construction" herein.
SAFETY OFFENCE PENALTY LIST
The Contractor shall be liable to safety penalties imposed on the following offences:
Description of Offences Amount of Fine Imposed (RM)

(i) Not wearing helmet (1st offender) 100.00
(2nd offender) 200.00
(3rd offender) Removal from site
(ii) Wearing slippers 50.00
(iii) No safety belt 100.00
(iv) No safety goggles 100.00
(v) Working at height without proper working platform 200.00
(vi) Using barb connection into socket, umsafe / faulty

plug top / damage cables 200.00
(vii) Failure to barricade opening / excavated areas or

area where work carried out endanger to others 500.00
(viii) Throwing rubbish or bad housekeeping 200.00
(ix) Throwing debris or work materials from height 500.00
(x) Open burning per spot 1000.00
(xi) Failed to attend toolbox meeting (less than 50 workers) 200.00

(exceeding 50 workers) 400.00
(xii) Failed to attend safety committee meeting 200.00

DESCRIPTIONS RM
(xiii) Failing to report dangerous occurrence / accident /

incident / near miss case 1000.00
(xiv) Failure to install a flashback arrestor for oxygen /

acetylene gas cylinder 500.00
(xv) Failure to install swing alarm to mobile crane 500.00
(xvi) Failure to produce PMA/PMT certificates for verification 500.00
(xvii) Carrying passenger on excavator / backhoe / mobile crane

or other machinery not meant to ferry passenger 300.00
The list of penalty is not restricted to those above. The Employer/ S.O reserves the
SITE SAFETY REQUIREMENTS BY CONTRACTOR
1. Site registration with JKKP within 7 days from commencement of its operation in
2. Provide a fulltime qualified safety officer registered with JKKP as in para3A of
3. Safety/health & environment manual and safe work procedures.
4. Provide competent scaffolder and submit weekly check-lists.
5. Comply with all relevant provisions in BOWEC Regulation 1986 including
6. List personal protective equipment (PPE) issued to workers with
7. Weekly Tool Box meeting to be conducted by your supervisor and witnessed by
8. Submit monthly safety/health/environment report on or before the 7th day of each
9. List of machines – PMA with valid competency certificates of operators
10. Maintenance and serving record of machinery
11. Emergency response contact numbers displayed at site
12. List of all legalized workers with copies of I/C, or valid passport and work permit.
13. Only legalizes workers are permitted on site
14. First Aid Box/ Fire Extinguisher.
15. Provide adequate toilets, electricity and bath facilities to workers.
16. Photo copies of CIDB green card or NIOSH certificates of workers who
17. Proper housekeeping – provide sufficient rubbish bins for rubbish disposal.
18. Safety signage – Safety First, wear PPE including signs to warn workers of
inherent dangers at site e.g. excavation works, lifting in progress, safe access &
egress, etc.

DESCRIPTIONS RM
19. Traffic control system and flagman. Flagman must wear luminous safety vest.
20. Maintenance of wash trough.
21. Water jet manned by worker to clean vehicles leaving site.
22. Comply with all statutory legal requirements – OSH Act 67/FMA 1967/EQA Act
23. Hill slope protection to prevent erosion.
24. No open burning.
25. Water browsing activities on dry days to reduce dust pollution.
26. Subject to safety audits by client.
27. Monthly Safety Report
28. Subject to safety audits by client
29. Subject to safety penalties as per annexure in the contract document
30. Any other matter as may be necessary to ensure safety and health at site
31. The Contractor has a legal responsibility under 15 (2) of Act 1994 to provide a

DESCRIPTIONS RM
GENERAL INDEMNITY BY CONTRACTOR
Without prejudice to Clause 18 of the Conditions of Contract and notwithstanding

any other term or condition of this Contract, the Contractor hereby promises to
indemnify and keep fully indemnified the Employer against any and all cost,
expense, loss, damage, demands, claims, proceedings and suits (including legal
fees on a solicitor/client basis, claims for personal injury or death and/or any fines or
penalties imposed by the Proper Authorities) howsoever arising from and/or
incidental to any act of negligence, breach or default by the Contractor, the Sub-
Contractors, their respective Workmen, employees, agents and/or representatives
of any one or more of the terms and conditions of this Contract or with respect to
the use of foreign Workmen and/or with respect to the Safety Rules & Regulations,
the Site Health, Safety & Training Policies and the implementation thereof.
PROTECTION OF MATERIALS AND COMPLETED WORK
(a) The Contractor shall provide all the necessary measures, eg. tarpaulins,
guardrails, plywood or other coverings etc. for the proper protection of materials,
goods, equipment, plant, machinery and completed and/or partly completed Works
from any form of damage and/or deterioration caused by all environmental and
weather conditions, other Works activities and/or any other cause. The Contractor
shall repair, reinstate, make good all damage or loss and institute any specific
protection required by the Specifications or as directed by the Architect at the
Contractor's sole cost and expense.

DESCRIPTIONS RM
CLEANING THE WORKS AND HANDING OVER
(a) The Contractor shall keep the Site and all construction equipment, plant and
machinery clean at all times and to prevent build up of debris.
(b) The Contractor shall from time to time and upon completion of the Works
remove all debris, rubbish and superfluous materials from Site.
(c) The Contractor shall clear the Site of all temporary works, facilities, temporary
structures and buildings, remove all equipment, plant and machinery and leave the
Site unencumbered prior to handing over.
(d) Should the progress of the Works be impeded by over-accumulation of debris,

rubbish and superfluous materials due to default on the part of the Contractor, the
Architect shall have the right to arrange for the same to be removed from the Site.
Any and all expenses incurred shall be charged to the Contractor's account and
shall be deducted from any money due or to become due to the Contractor.
(e) All the Works to be handed over shall be subject to the Architect's prior
approval and shall be handed over in a thoroughly clean condition, functional and
secure, ready for testing and commissioning of all plumbing, drainage, mechanical
and electrical systems. The Contractor shall also provide the Architect with all
spares and instruction manuals.
(f) Hand over the works thoroughly clean, functional and secure, ready for
occupation and use as intended. Provide for easing doors and windows, adjusting
ironmongery, handing over keys, cleaning the building inside and out including
washing and scrubbing floors, cleaning out gutters and channels and sanitary
fittings, removing dirt from glass, polishing glass, ceramic and other smooth
surfaces, removing stains and touching up paintwork. Test and commission all
plumbing, drainage, mechanical and electrical systems. Provide the Architect with
all keys, spares and instruction manuals.
(g) The Nominated Sub-Contractors, Direct Contractors and Specialist Contractors

shall remove their debris to a collection point designated by the Contractor. The
Contractor shall include in his price to allow for removing all the debris of Nominated
Sub-Contractors from the collection points to the required destination. The
Contractor shall identify the collection point prior to commencement of work and
subject to the approval of the Architect.

DESCRIPTIONS RM
SUSPENSION OF WORK
(a) On the Architect's written instruction, the Contractor shall suspend the Works or
parts thereof for such duration and in such manner as may be instructed. The
Contractor shall, for the duration of such suspension, properly protect and secure
the affected Works as may be reasonably instructed by the Architect.
(b) Any loss and expense incurred by the Contractor in giving effect to the
Architect's instruction under this Clause shall be borne and paid by the Employer,
unless such suspension is:-
(i) necessary for the proper execution of the Works;
(ii) caused by weather conditions which endanger or severely compromises the

safety or quality of the Works;
(iii) default on the part of the Contractor, causing the Works to be impractical to
continue, and
(iv) the safety of the Works or any part thereof or the safety of adjacent buildings or
properties are adversely affected by the continued execution of the Works.
Provided always that the Contractor shall give notice to the Architect in writing of his
intention to claim within one month of the Architect's instruction.
DETERMINATION BY EMPLOYER - ADDITIONAL GROUNDS
(a) Without prejudice to Clause 25 of the Conditions of Contract, the Employer may
determine the employment of the Contractor on any one or more of the following
grounds:-
(i) If the Contractor neglects, refuses, fails and/or is unable for any reason
whatsoever to adhere or comply with any written direction or instructions of the
Architect which the Architect is empowered to give pursuant to this Contract;
ii) If the Contractor neglects, refuses and/or fails to adhere to or comply with
Supplemental Clause Safety Rules and Regulations herein;

DESCRIPTIONS RM
MISCELLANEOUS PROVISIONS
TIME
Wheresoever mentioned time shall be of the essence. Save where specifically

expressed in writing from the Architect or the Employer to the Contractor no
requirement as to time shall be deemed to have been waived and/or any
forbearance shall be deemed to have been granted.
LAWS & REGULATIONS
The Contractor shall at all times comply with all laws, statutory enactments, by-laws,
rules and regulations imposed and/or to be imposed by the Proper Authorities
["Laws"].
APPROVALS
For the avoidance of doubt, wheresoever the Contractor shall be obliged or required
by the terms and conditions of this Contract to do any thing, act or deed then unless
it shall have been expressly provided for otherwise by the Contract, the Contractor
shall be solely liable and responsible to make all such applications for and obtain all
such Approvals as may be necessary and required from the Proper Authorities prior
to the Contractor executing such thing, act or deed.
For the avoidance of doubt, wheresoever the Contractor shall be obliged or required
by the terms and conditions of this Contract to obtain any Approvals from the Proper
Authorities, the Architect, the Employer and/or any other party then the Contractor
shall make all such requests and/or applications in writing to the relevant party
concerned.
Provided always that all instructions and approvals for variation works shall only be
issued by the Architect. The Contractor shall also ensure at all times that the
granting of all such approvals, consents and/or permissions shall be in writing.
Verbal requests, verbal approvals and/or mere representations not evidenced in
writing shall not be sufficient to discharge the obligations and responsibilities of the
Contractor as may be contained in this Contract.

DESCRIPTIONS RM
DIMINUTION IN VALUE OF WORKS
a) If the Defects which the Contractor would otherwise have been liable to rectify
at his own cost is such that in the opinion of the Architect it will be impracticable or
inconvenient to the Employer to have the Contractor to rectify, the Architect shall
ascertain an amount of reduction from the Contract Sum representing the
diminution in the value of the Works to the Employer due to the existence of such
Defects. In determining the diminution in the value of the Works, the Architect may
take into account any savings in cost to the Contractor which he would otherwise
incur if he was to rectify the Defects.
b) The amount of such reduction shall be recoverable by the Employer from the
Contractor or deducted by the Employer from any payment due or to become due to
the Contractor under the Contractor.
CONFIDENTIALITY
The Contractor shall keep all information, documents and all other matters arising
or coming to their attention in connection with the Contract secret and confidential
and shall not at any time for any reason whatsoever disclose to any third party
except as expressly provided in the Contract or as may be necessary to carry out
and complete the Works.

93
ITEM DESCRIPTIONS RM
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SOP 1 - PRELIMINARIES AND GENERAL CONDITIONS

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SOP 1 - PRELIMINARIES AND GENERAL CONDITIONS 1 R1

e) Notwithstanding the above clauses, the Consultant Quantity Surveyor reserves

h) Where Preliminary Items or Clauses as appearing in the Preliminaries and

i) Where Preliminary Items or Clauses as appearing in the Preliminaries and

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

(1) time related, and if so over what period

(2) lump sum items, and if so when they become payable

(3) a combination of (1) and (2)

k) Interim payments in respect of priced preliminary items shall be based on the

(a) Binding Effect of Bills

All directions, instructions, amplifications, requirements and supplemental terms

(b) Nature of Site & Scope of Works

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

(c) Contractor's Responsibility to Cost and Price

(e) No Additional Claims

(f) Architect's Prior Approvals

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

All such Architect's or Consultants' instructions shall not howsoever be read,

(i) "Authority's Requirements" means all those guidelines, rules, regulations,

(iii) "Week" means calendar week;

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

(viii) The words "Rates", "Schedule of Rates" or "Contract Rates" wheresoever

(xi) The words "including" or "include" shall be construed without limitation.

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

b) "Architect" means Messrs. ARCHITECTS AVENUE SDN BHD, 15-2, Jalan

c) "Civil & Structural Engineer" means Messrs. PERUNDING AMORI (PUCHONG)

d) "Mechanical & Electrical Engineer" means Messrs. ARSY ENGINEERS SDN

e) "Landscape Architect" means Messrs. DENAI ILHAM SDN BHD, No 911D,

f) "Quantity Surveyor" means Messrs. VINCENT TAN ASSOCIATES, D-2-52,

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

(i) ALTERNATIVE TENDER “A” - Based on the works to be completed

(ii) ALTERNATIVE TENDER “B” - Based on the works to be completed

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

LOCATION OF THE WORK

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

COMPLIANCE WITH CONSTRUCTION INDUSTRY DEVELOPMENT BOARD

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

TIME & COMPLETION

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

INSPECTION & CONDITION OF SITE

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

SCHEDULE OF EXISTING UTILITY SERVICES

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

DIVERSION OF EXISTING WORKS & SERVICES

d) Diversion Works shall include:-

i) All works required to divert, reroute, relocate, realign, restructure or howsoever

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

JOINT INSPECTION OF NEIGHBOURING AREAS/ DILAPIDATION SURVEY

The Contractor shall prepare a schedule recording the condition of the

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

CONTAINMENT OF DAMAGE TO NEIGHBOURING AREAS

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

ACCESS AND EGRESS

WORKS CARRIED OUT UNDER DIRECT CONTRACTS OR BY OTHER

(a) Fitting Out Works/Built-in Furniture

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

CO-ORDINATION WITH OTHER CONTRACTORS EMPLOYED ON THE SITE OR

COMPLYING WITH THE SPECIFICATIONS

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM

FIX ONLY ITEMS

P.C. RATED ITEMS

20171106-MST - Prelim BP V1-14 (R1).xls TO COLLECTION RM