Contract administration

Final account means the documents showing the adjustment of the Contract Sum isued under clause 30.1

Final certificate means the final certificate issued by the Architect under Clauses 30.14 and 30.15

Force Majeure means any circumstance beyond the control of the Contractor caused by terrorist acts, governmental or regulatory action, epidemics and natural disasters;

Interim Certificates means the progress payment certificate issued by the Architect under Clause 30.1

Letter of Awards means the letter of acceptance of the Contractor's tender issued by or on behalf of the employer .

Limit of Retention Fund means the amouint as stated in the Appendix under clause 30.5

Lump sum Contract means a fixed price Contract and is not subject to re-measurement or recalculation except for Provisional Quantities and Variations which shall be valued under Clause 11.0

Months means calendar month

Nominated sub-contract means the contract entered into between the Main Contractor and the Nominated Sub-Contractor pursuant to nomination by the Architect under Clause 27.2

Nominated Sub-Contractor means a sub-contractor nominated by the Architect under Clause 27.1

Nominated Supplier means a supplier nominated by the Architect under Clause 28.1

PAM Sub-Contract 2006 means the form of contract as published by Petubuhan Akitek Malaysia where the sub-contractor is nominated under the PAM Contract 2006

Penultimate Certificate means the payment certificate issued byu the Architect for the release of monies to Nominated Sub-Contractors and /or Nominated Supplier under Clause 30.13

Person means an individual, sole propretorship, firm (partnership) or body corporate

Practical Completion or Practically Completed means the state of completion described in Clause 15.1

Prime Cost Sums (PC Sums) means the sums provided in the contract for works or services to be executed by Nominated Sub-Contractor or for materials and goods to be supplied by Nominated Supplier.

Provisional or Provisional Quantitty means the estimated quantities of worksprovided in the Contract Bills for  work to be executed or for the supply of any materials and goods which cannot be determined or detailed at the time;

Provisional Sums means the sums provided in the contract and/or the Nominated Sub-Contract for work to be executed or for the supply of any materials and good which cannot be foreseen, determined or detailed at the time;

Quantity Surveyors menas the Person named in Article 5 and shall be a Registered Quantity Surveyor or any other form of practice registered under the Quantity Surveyor or any other form of practice registed under the Quantiuty Surveyors Act 1967 and approved by the Boards of Quantity Surveyors,

Relevant Event means any one of the events for extension of time set out in Clause 23.8

Retention Fund means the sum retained in accordance with Clause 30.5

Service Provider means any company or body authroised to provide water, electricity, telephone, sewerage and other related services .

Site means the land and other places on, in , under, over or through which the works are to be executed and is provided by the Employer for the purposes of the Contract including other land and places obtained by the Contractor and accepted by the Employer as forming part of the Site.

Site Agent menas the person appointed under Clause 8.1

Site Staff means the person appointed under clause 10.1

Specialist Consultant means the Persn named in Article 6 and such Person shall be a Specialist Consultant appointed by the Employer for a designated scope of professional works .

Variation means changes made to the Works as defined under Clause 11.1

Week means a period of seven(7) consecutive days

Works means the works described in the Articles of Agreement and referred to in the Contract Documents and includes any changes made to these works in accordance witht he Contract

Works Programme means the works programme described in the Contract Documents and in Clause 3.5

Article 8

In the interpretation of the Contract, unless the context requires otherwise, the following shall apply :

(a) Gender - words of one gender include the other gender, and words denoting natural persons include corporations and firms and all such words are to be construed interchangeably in that manner

(b) Headings and Marginal Notes - the headings and marginal notes in the Conditions are not to be taken into consideration in the interpretation or construction of the Conditions or of the Contract

(c) Reference to legislation - a reference to any Acts is deemed to incloude references to any subsequent amendments, consolidation or replacement of the Act

(d) Singular and Plural - words importing the singular also include the plural and vice versa where the context requires; and

(e) Where any words or phrase is given a defined meaning, any other grammatical form of that word or phrase hjas a corrsponding meaning .

Contractor Obligation 
The contractor shall upon and subject to these Conditions carry out and compelte the works in accordance witht he Contract Documents and in compliance therewith provide materials, good and standard of workmanship of the quality  and standard described in the Contract Documents and/or required by the Architect in accordance witht he provisions of the Contract .