1.      A contractor shall construct the project according to the terms agreed  and based on its scope within the specified time and quality. Clause 10 stated that contractor shall construct, complete, test and commission the works in accordance with the specifications. Contract drawing and any other documents specified in the contracts documents.

2.      Clause 48 stated that the contractor has the obligation to ensure the quality of his work. If there is any defect during the construction period and after completion, contractor has the liability to make good of any such defect until S.O  satisfied with the works. The contractor shall complete all such works with due expidition or within such time as may be specified by the S.O.

3.      Clause 10(g) state that the contractor shall provide and maintain throughout the contract period such number, categorised of qualified and compenent personnel necessary to perform the works

4.       The contractor also shall complete the whole of the works on or before the ‘date for completion’ as stated in clause 39.1 and if the contractor considers that the works have achieved practical completion, the contractor shall notify the S.O in writing to that effect.

-Nor Aisyah-

In the clause 39 and 41 has been describe that the main obligation of the contractor is to construct the project which has been agreed based on its scope and within the specified period of time and quality. 

Furthermore, contractor also has the obligation to be responsible with any indemnity and insurance of personal injury or death and damage to property arising from carrying out of the Works. These matters are described in PWD clause 14 and 15.

Next, the contractor has the obligation to ensure the quality of his works. Contractor has the liability to make good of any such defect until S.O satisfy with the works if there have any defect during the defect liability period. This obligation is described in PWD clause 48. 

In the clause 47 describe that the contractor also has the obligation to execute the whole Works. If he would like to assign some duties to his subcontractors, first he must receive the approval of S.O. If S.O approves his assignment, the contractor shall still be fully responsible for the works of his subcontractors.

Moreover,  Clause 65 in PWD 203A is describe specific regarding to antiquities such as fossils, coins that may be found on the site during excavating. In this circumstance, contractor has the obligation to take all steps that may be necessary to preserve and protect the object in the exact position and condition. The contractor should inform S.O immediately about the discovery and precise the location of the object. 
 

 

Arfah Hazirah Bt Sobli

 

Secondly is contractor obligation is on testing and inspection. S.O sometimes needs to take a test of the works done by the contractor. Usually the cost of the inspection and testing are borne by the contractor. This matter is described in PWD 203A in clause 36 which is inspection and testing of materials, goods and equipment. In clause 36.1 stated that the contractor shall submit to the S.O for his approval, proposals for inspecting the design and setting out the works and testing the materials and workmanship to ensure that the contractor’s obligation is under the contract is fulfilled. 

 Next, in clause 10 (i) is about subcontractor. The contractor also has the obligation to execute the whole works. If he would like to assign some duties to his subcontractors, he must receive the approval of S.O first. If S.O approves his assignment, the
contractor shall still be fully responsible for the works of his
subcontractors. In clause 10 (i) stated that contractor shall instruct and supervise its staff and sub-contractor in carrying out the works' repair and other works in the relation to the works.  
 
 Lastly, in PWD 203A clause 10 (j) and clause 48 is about defect.  Contractor also has the obligation to ensure the quality of his work. If there any defect during construction period and after completion, contractor has the liability to make good of any such defect until S.O satisfy with the work. In PWD 203A in clause 10 (J) contractor shall make good
any defect, imperfection, shrinkage or any other fault whatsoever which may appear during the Defect Liability Period. 
 
 -Nur Hazwani Bt
Mohd Ibrahim- 

Based on PWD Clause 10(a), the contractor should construct and complete the works in accordance with specifications, contract drawings and any other documents

2.     Provide and organize resources for the constructed project in accordance with the design, within time and cost parameters

According to PWD Clause 10(b), the contractor shall perform the work in proper manner and in accordance with good management practice and to best advantage of the government. 

3.

 

First obligation of the contractor is to construct the project which has been agreed based on its scope and within the specified period of time and quality. Based on form of contract PWD 203A, 10.0 (a) the contractor shall construct, complete, test and commission the works in accordance with the specifications, contract drawings and any other documents specified in the contract documents.

Second obligation of the contractor is to ensure the quality of his works. If any defect during construction period and after completion, contractor has the liability to make good of any such until the S.O satisfy with the works. Based on form of contract PWD 203A, 48.1 (a) any defect, imperfection, shrinkage or any other fault, whatsoever which may appear and which are due to materials or goods or workmanship not in accordance with the contract, the S.O shall issue written instruction to the contractor to make good such defects, imperfections, shrinkages or any other fault whatsoever at the contractor’s own cost. The contractor also shall complete all works within the time as specified by S.O.

Next obligation of contractor is in testing and inspection. S.O needs to take a test of the work done by contractor and usually the cost of testing and inspection are borne by contractor. Based on form of contract PWD 203A, 36.6 if the contractor carries out any further test as required by the S.O and the result of the test shows the workmanship or materials is not in accordance with the provision of contract, the cost of the test will be borne by the contractor. However, if the result of the test shows the workmanship and materials comply with the provision of contract, the test will be borne by the government.

Last obligation of contractor is to be responsible with any indemnity and insurance of personal injury or death and any damage to property that caused by the carrying out of works. Based on form of contract PWD 203A, 14.1 (a) the contractor agrees with the government that it shall perform all of its obligations under the contract at its own risk and releases to the fullest extent permitted by law, the government and their agents and servants from all claims and demands of every kind resulting from the carrying out of works except the injuries and damages caused by any act or negligence of the government or agents and servants.
 
Nurul lzzah binti Rahim

Based on PWD Clause 10(a), the contractor should construct and complete the works in accordance with specifications, contract drawings and any other documents

2.       Provide and organize resources for the constructed project in accordance with the design, within time and cost parameters

According to PWD Clause 10(b), the contractor shall perform the work in proper manner and in accordance with good management practice and to best advantage of the government. 

3.    Contractor has obligation to ensure the quality of his work. If any defect during construction period and after completion, contractor liable to make good of any defect until S.O satisfy with the works.

Based on PWD Clause 10(j), contractor should make good any defect, imperfection, shrinkage or any other fault which may appear during the Defect Liability Period(DLP).

4.      Contractor has obligation by responsible with any indemnity and insurance of personal injury or death and damage to the property arising from carrying out of the works. These matters are described in PWD Clause 14 and 15. Then, contractor should provide insurance to his labour as described in PWD Clause 17.



-Muhammad Hariz bin Hasan

 

Clause 10 described about contractor’s obligations generally.  For example in clause 10a stated that - The contractor shall construct, complete, test and commission the Works in accordance with the Specifications, Contract Drawings and any other documents specified in the Contract Documents;

Next, completion and sectional completion are described in clauses 39 and 41.

Clause 39 stated that the contractor shall complete the whole of the works on or before the "Date for Completion" as stated in the appendix or such extended time as may be allowed under clause 43 hereof. 

Meanwhile Clause 41 is about sectional completion where different completion dates for different sections or parts of the works are stated in the appendix or in the contract document itself. The contractor must provide performance bond to the employer as security deposit. The performance bond shall be released or be refunded only when the Certificate of Making Good defects of the whole works has been issued.
 
 Lastly, the contractor obligation on defects after completion explained in clause 48. The contractor has to ensure that the quality of his work is good. Contractor has the liability to make good of any such defect until S.O. is satisfied with the works if there is any defect during construction period and after completion.

SITI NUR FIRDA AZEERA BT MOHD FIKRI

Clauses 15.1 a) and b);
In this clause it stated without prejudice to his ability to indemnify the government under clauses 14 hereof, the contractor shall, as a condition precedent to the commencement of any work under this contract, effect and maintain such insurance whether with or without an excess amount as specified in appendix to cover liability contractor and all sub-contractor whether nominated or otherwise

And also for insurance shall be for purpose personal injuries or death, damage or loss to property, movable or immovable, arising out of or in course, or by reason of the execution of the work and caused by any negligence, omission, breach of contract default contractor or sub-contractor or nominated or otherwise.

Clauses 10.0 a and c;

to complete work. Construct, complete, test and commission the work in accordance with the specification, contract drawing and any other document mush in the contract document.

The work performs much in to take all appropriate measure expected of a contractor providing similar works to ensure that the work is comply with requirement contract.

Clauses 39.1;

Subject to clause 38.3 and 42, the contractor shall complete the whole work on or before the ‘date for completion’ as stated in the appendix or such extended time as may be allowed under clause 43 of this document 

Clauses 48.1 a);

Time during defect of liability period as stated in appendix hereto ( or if none stated the period is twelve month from the date of practical completion  of the work), any defect, imperfection, shrinkage or any other fault what ever which may appear and which are due to materials or goods  or workmanship not in accordance with this contract, the S.O shall issue written instruction to the contractor to make good such defect, imperfections, shrinkages or any other fault at the contractor own cost. Should complete work in die of expedition or within such time as may be specified by S.O. 

 

The main obligation of the contractor is to construct the said project which has been agreed based on its scope and within the specified period of time and quality. For the contractor's general obligations, it being described in PWD clause 10

 

Then, for the completion and sectional completion in PWD this matter is described in clause 39 and 41.

Clause 39 described on the completion of work and clause 41 described on the sectional completion

 

Contractor must provide performance bond to the employer as security deposit. this is a common matter required by employer to the contractor. In PWD clause 13 described on the performance bond or performance guarantee sum.

 

Contractor also has the obligation to ensure the quality of his works. If there is any defect during construction period and after completion, contractor has the liability to make good of any such defect until S.O satisfy with the works. This obligation is described in PWD clause 48.

 

Clause 10.0 Obligations Of The Contractor

The contractor shall :

a) construct, complete, test and commission the works in accordance with the specifications, contract drawings and any other documents specified in the contract documents.

 

Next, regarding works completion in PWD this matter is described in clause 39 and 41.

 

Clause 39.0 Completion Of Works

39.1 Subject to clauses 38.3 and 41, the contractor shall complete the whole of the works on or before the "Date for Completion" as stated in the Appendix or such extended time as may be allowed under clauses 43 hereof. 

 

Clause 41.0 Sectional Completion

41.1 Where different completion dates for different sections or parts of the works are stated and identified in Appendix or elsewhere in the contract documents and different and separate Liquidated and Ascertained Damages are provided for each section or part of the works, the provisions of this contract regard to:

a) Certificate of Practical Completion

b) Delay and Extension of Time

c) Liquidated Ascertained Damages and

d) Defects Liability Period 

 

Contractor also has the obligation to ensure the quality of his works. If there is any defect during construction period and after completion, contractor has the liability to make good of any such defect until S.O satisfy with the works. This obligation is described in PWD clause 48.

 

Clause 48.0 Defects After Completion

48.1 Completion of Outstanding Work and Remedying Defects 

48.2 Default in Remedying Defects 

48.3 Diminution in Value of Works 

48.4 Certificate of Completion of Making Good Defects 

 

Lastly, contractor also has the obligation to be responsible with any indemnity and insurance of personal injury or death and damage to property arising from carrying out of the Works. These matters are described in PWD clause 14 and 15. The contractor must also provide insurance for his labour as described in clause 17 of PWD.

 

Clause 14.0 Indemnity in Respect of Personal Injuries and Damage to Property

14.1 The contractor agrees with the government that

a) it shall perform all of its obligations under this contract at its own risk and releases, to the fullest extent permitted by law, the government and their agents and servants from all claims and demands of every kind resulting from any accident arising from the carrying out of the works except where such accident is caused to by any act of the government.

Clause 15.0 Insurance Against Personal Injuries and Damage to Propety

15.1 Taking of Insurance 

15.2 Production of Policies 

15.3 Default in insuring

15.4 Cancellation if Insurance

 15.5 Loss or Damage Occasioned by Insured Risk  

Clause 17.0 Employees' Social Security Act, 1969

17.1 Registration with SOCSO

17.2 Contribution to SOCSO

17.3 Default in Complying with SOCSO