Dr Khairuddin Abdul Rashid

Session 3
PWD Form DB/T (2002)
Conditions of Contract
Clause 16 – 30

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 16 Site boundaries and
setting out

PD to define boundaries of the

site, determine levels, etc and
furnish information to the
contractor. The contractor
interprets the Government’s
information at his own risk

The contractor is responsible
for setting out and for errors
arising from his own
inaccuracy.

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 17 Inspection of site

The contractor is deemed to

have visited the site and make
the necessary allowances in
the Contract Sum

Clause 18 Employment of
Workmen

Malaysians only, to reflect the

racial composition, shall abide
with all Acts, etc, localized

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 19 Compliance with
Employment Act 1955, etc

The contractor, his sub-

contractors to comply with the
relevant Acts

Clause 20 Epidemics and Medical

Attendance

The contractor to comply with
all regulations, orders , etc and
provide medical attendance
for his employees

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 21 Days and hours of
working

As defined in Cl. 21.1 (a) – (c)

and Cl. 21.2

Clause 22 Contractor’s PM

Competent, fluent in BM and

English. Instructions to PM is
deemed to have been given to
the contractor

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 23 Wages books and time
sheets

To keep proper wages books
and time sheets and to make
available for inspection by the
PD

Clause 24 Default in payment of

wages (by the contractor)

PD can make payments from
monies due or to become due
or from the Performance Bond

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 25 Discharge of Workmen

PD may instruct the contractor

to discharge any person the
latter employed due to
misconduct, incompetent, etc…
Person discharged must be
replaced by the contractor asap.
The contractor is not entitled to
any claim.

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 26 Access for PD to the
Works

PD / his representative shall

have access to the site and the
works and to the workshops,
etc at all reasonable times

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 27 Variations

Cl. 27.1 (a) The term refers to:

Addition, omission or
substitution of any work

The alteration of the kind or
standard of materials…

The removal from site … that
are in accordance with the
contract

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 27 Variations

Cl. 27.1(b) The addition, alteration

or omission … imposed by the
PD on

Access to the site…

Limitation of working space

Limitation of working hours

Specific order of works

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 27 Variations

Cl. 27.2 PD may issue

instructions effecting a change
in the government’s
requirements or the
contractor’s proposal … adjust
CS accordingly (unless due to
Contractor’s fault)
… requires the consent of the
contractor

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 27 Variations

Cl. 27.3 The contractor may

effect variations for the
purposes of suitability and
safety … with the consent of
the PD

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 27 Variations

Cl. 27.4 Variation under 27.3

Leading to additional costs:
The extra cost to be borne by
the contractor unless … the
variation is necessary…subject
to Cl. 28.5

Leading to cost saving

Adjust the CS accordingly

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 28 Valuation of Variations

Additional or substituted
works: Consistent with the
contract sum analysis or
schedule of rate … with
allowance for changes in
conditions, quantities

Omission: follow contract sum

analysis

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 28 Valuation of Variations

Fair valuation if none of the

above is applicable

Fair valuation using Daywork
plus 15%

Make allowance for any
necessary addition to or
reduction of site
administration, site facilities,
temporary works

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 29 Provisional Sums

A sum for work to be executed

… which cannot be foreseen…

Requires PD instruction

Valuation as Cl. 28

Adjust the Contract Sum
accordingly

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Dr Khairuddin Abdul Rashid

PWD Form DB/T 2002

Conditions of Contract
Clause 30 Contract Sum

Shall not be adjusted or altered

… except with express
provisions

Amount added/omitted in the

adjustment of the contract sum
shall be accounted for the next
interim payment

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Dr Khairuddin Abdul Rashid

End of Session 3

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