atucara kontrak layout

8/2/2019 Atucara Kontrak Layout

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GROUP MEMBERS

MUHAMMAD ABDUL HAIKAL B MOHTAR 13PKA11F2010

MOHD SHAMIR HANIF B M SABRI 13PKA11F2011

WAN MOHD RIDHUAN B WAN ISMAIL 13PKA11F2015

AHMAD TARMIZI B MOHKTER 13PKA11F2016


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If the regular progress of the works or any part thereof hasbeen materially affected by reason as stated under Clause

43 (c),(f) or (i) hereof (and no other).

Clause 43

(c) By reason of directions given by the S.O consequential upondisputes with neighbouring own provided the same is no due to

any act negligence or default of the contractor or otherwise the

causing of the project delay

(f) The contractor shall not receive within a reasonable time of

S.O directives, plans, required levels etc or direction with respectto the nomination Sub-contractor or Nominated Supplier.

(i) by delay on the part of artist , tradesmen or others engaged by

the government in executing work not forming part of the

contract


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` the Contractor has incurred direct loss and or expense

for which he would not be reimbursed by a payment

made under any other provision in this Contract.

` the Contractor shall within one (1) month of the

occurrence of such event of circumstance give notice in

writing to the S.O. of his intention to claim for such direct

loss or expense together with an estimate of the amountof such loss and or expense, subject always to Clause 48

hereof.

` Clause 48;-

(a) submission of claim documents

(b) Final Certificate

(c) sums to be certified in the final certificate

(d) Terms and Conditions of Issuance of Final Certificate


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Sub-clause (a)- DEFECTS LIABILITY PERIOD` Defect liability period is 12 months (projects in excess of

RM50, 000.00) as stated in the contract documents after

the date of practical completion of the work given to

contractors by the S.O which defects, imperfections or

deficiencies or other damage whatsoever that mayappear and also due to materials or goods or

workmanship shall be executed by the contractor as

soon as possible.

` if a fault occurs after 12 months or a year or the datespecified in the contract all independent contractors

responsibility.


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Sub- Clause (b) SCHEDULE OF DEFECTS

` any defect, imperfection, shrinkage or any other faultwhatsoever which may appear during the Defect LiabilityPeriod to be made by the Contractor , shall be specified bythe S.O, in the Schedule of Defects which shall deliver to theContractor not later than fourteen (14) days after theexpiration of the Defects Liability Period.

` The defects, imperfection, shrinkage or any other faultwhatsoever specified in the Schedule of Defects shall bemade good by the Contractor at his own costs and to becomplete within a reasonable time but in case not later thanthree (3) months after the receipt of the said Schedule.

` Provide that the S.O. shall not be allowed to issue anyfurther instruction requiring making good of any defect,imperfection, shrinkage or any other fault whatsoever afterthe issue of the said Schedule of Defects or after fourteen(14) days from the expiration of the said Defects LiabilityPeriod, whichever is the later.


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Sub- Clause (c) DEFAULT OF THE CONTRACTOR

` If the Contractor shall fail to comply with either sub-

clause (a) or (b) or both within the time so specified, the

materials or works so effected may be good in such

manner.

` The S.O. may think fit, in which case the costs thereby

incurred shall be deducted from the sum remaining to be

paid to the Contractor or failing such remainder it shall

be recoverable from the Performance Bond or as a

liquidated demand in money.


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Sub- clause (d)- ADDITIONAL POWER OF THE S.O.

` If any defect, imperfection, shrinkage or any other fault

whatsoever be such that, in the opinion of the S.O., it shall beimpracticable or inconvenient to the Government to have the

Contractor to remedy the same, the S.O. shall ascertain the

diminution in the value of the Works due the existence of such

defects.

` The imperfections, shrinkage or any other fault whatsoever and

deduct the amount of such diminution from the sum remaining

to be paid to the Contractor or failing such remainder it shall

be recoverable from the Performance Bond or as a liquidated

demand in money.


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Sub clause (e) - Certificate of Completion of Making

Good Defects.

when in the opinion of the S.O. the Contractor has made

good the defect, imperfection, shrinkages or any other

fault whatsoever which he is required to make good

under sub-clauses (a) or (b), or both.

the S.O. shall issue a certificate to that effect, and the

date named in such certificate shall be the date on which

the Contractor has completed making good such defects,

imperfections, shrinkages or any other fault whatsoever.

The Certificate shall be referred to as the Certificate of

Completion of Making Good Defects.

atucara kontrak layout

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