COC 203A (20102007) Amended 16 3 2012

COMPARISON BETWEEN PWD
203A (REV. 1/2010)&PWD 203 A

(2007)
Prepared By:
Nurfidatul Ema bt Saaidin
Bsc (Hons) QS UiTM
Penolong Pengarah Kanan (Ukur Bahan)
: nurfidatulema@gmail.com
Hanawati bt. Hashim
1
Bsc (Hons) QS UiTM
Penolong Pengarah Kanan (Ukur Bahan)
: hanawati@jkr.gov.my
COMPARISON BETWEEN PWD 203A

(2007) / PWD 203A (REV. 1/2010) (CONTD)
PWD 203A (Rev. 1/2010) consist of 81 clauses
compared with PWD 203A (Rev. 2007) with only 78
clauses.
Additional 3 new clauses, pertinent ones being:
i. Events & Consequences of Default by the
Government (Cl. 55)
ii. Safety At The Site (Cl. 68)
iii. Advance Payment (Cl. 69)
Additional of sub-clauses under clause 12 &
clause 40
1.0 INTRODUCTION
1.1
Background
The JKR.PWD Forms were last revised in 1983: almost a quarter of

century ago.
Since then, numerous changes have occurred legally and in practice.
The Forms became anachronistic and out of tandem wit
contemporary practice
Steps were initiated a number of years ago to revise these Forms: a
process formally approved by the AGs chambers
These resulted first in the JKR /PWD Forms(Rev.2007) which were
officially launched in 2008
These new Forms, were further revised with the JKR/PWD
Forms(Rev.1/2010) and officially launched on 24th June 2011
Current, these are the Forms that have to be used for all Public
Sector Projects and apparently for other applications involving
statutory bodies and the like.
1.2
FORMS REVISED
For Traditional General Contracts
Old Forms
New Form
Application
1. JKR 203A(Rev.83)
JKR 203(Rev.1/2010)
COC for BQ Contracts
2. JKR 203(Rev.83)
JKR 203(Rev.1/2010)
COC for Contracts based

on Drawings &
Specifications
3.JKR 203N(Rev.83)
JKR 203N(Rev.1/2010)
COC for NSC where Main

Contract is based on JKR
203 &203A
4.JKR 203P(Rev.83)
JKR 203P(Rev.1/2010)
COC for nominated

supplier where Main
Contractor is based on JKR
203&203A
For Package Deal Types Of Contrtact
Old Forms
New Form
Application
PWD DB/T(2002 Edn)
PWD DB(Rev.1/2010)
COC for Design & Build

Contract
1.3
NUMBER OF CLAUSES
JKR 203A
Old Form
56
New Form
Rev.2007
Rev.1/2010
78
81
Additonal 22
Clauses (3)
JKR 203
Old Form
56
Change
New Form
Change
Rev.2007
Rev.1/2010
78
81
Additonal 22
Clauses (3)
JKR DB
Old Form
62
New Form
Change
Rev.2007
Rev.1/2010
76
79
Additonal 14
Clauses (3)
JKR 203N
Old Form
37
New Form
Change
Rev.2007
Rev.1/2010
50
50
Additonal 13
Clauses (3)
JKR 203
Old Form
37
New Form
Change
Rev.2007
Rev.1/2010
37
37
No Change
Note: For the JKR 203N, the clause 41.0 in the Rev.2007 Forms has been
deleted and a new Clause 5.0 added in the Rev. 1/2010 Form.
Addendum
to COC
COMPARISON
BETWEEN PWD 203A
(REV. 2007) / PWD 203A (REV. 1/2010)
(CONTD)
PWD 203A (1/2010)
Consist only of 1 Addendum

- Termination on Corruption.
PWD 203A (2007)
Consist only of 1 Addendum
- Termination on Corruption.
Special Provisions to COC

COMPARISON BETWEEN PWD 203A (REV.
2007) / PWD 203A (REV. 1/2010) (CONTD)
PWD 203A (Rev. 1/2010)

Consist of 1 Sp. Provision - Variation Of Price
(Performance Bond, Advance Payment excluded as Sp.
Provision)
PWD 203A (Rev. 2007)

Consists of 3 Sp. Provisions
(Performance Bond excluded as Sp. Provision)
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

(CONTD)
Clause
1.0
JKR 203A Rev 2007

Definitions And Interpretation
Clause
JKR 203A Rev.

1/2010
1.0
Definitions And
Interpretation
2.0
Contract Period
3.0
The S.O and

S.Os
Representative
1.1 : Definitions
1.2 : Interpretation
2.0
Contract Period
Clearly define the contract period, D/Possession and
D/Completion.
3.0
The S.O and S.Os Representative

3.1: Duties of S.O and S.Os Representative
3.2: S.Os Representative
3.3: S.Os Authority to Delegate
4.0
S.Os Right to Take Action
4.0
S.Os Right to
Take Action
Difference
5.0
S.Os Instruction
5.0
S.Os Instruction
9
Must be in writing Variations, discrepencies ,in

contract, removal of mat. from site ,defect work,
others.
5% on-cost charges

(CONTD)
Clause
6.0
JKR 203A Rev 2007

Scope of Contract
Clause
6.0
Contract Sum
Scope of Contract
Difference
-Construct and complete,using

materials,goods
and workmanship,quality as specified in
accordance specified making good
defects
- Making good defects
- Poor governing
consequential works under sub clause
6.2
7.0
JKR 203A Rev. 1/2010
7.0
Contract Sum
8.0
Contract Documents
Stipulates the contract sum.

8.0
Contract Documents
8.1 : Documents required in 2 sets, one
original with S.O. and contractor
8.2 : S.O will issue instruction regarding any
discrepancies in the contract document.
10

(CONTD)
Clause
9.0
JKR 203A Rev 2007

Representation, Warranties and Undertakings of the
contractor.
Clause
9.0
Representation,
Warranties and
Undertakings of
the contractor.
10.0
Obligation of the
contractor
9.1 : Representation and warranties.

Listing out the requirements of a contractor before he enters
into a contract with the government, among others,
registered with CIDB, PKK, ROC, technically and financially
competent, no legal litigation, arbitration, tax claim, dispute
10.0
Obligation of the contractor

Obligation of the contractor:
- construct, complete, test and commission
-comply with all contractual requirements,
-Protect governments interest, provide qualified staffing and
workers, supervision, making good defects etc.
-Carry out any other obligations and responsibilities under
this contract.
11.0
Inspection of Site
Contractor must visit the site, take note of all risk involved,
access roads, working constraints, etc., especially factors
with cost implication. Information given in document may not
be conclusive, may not relieve the contractor of his
obligation under the contract.
JKR 203A Rev.

1/2010
Difference
11.0
Inspection of Site
11

(CONTD)
Clause
12.0
JKR 203A Rev 2007

Programme of Work.
Clause
12.0
Within 14 days from LA, contractor must submit his working

programme to the S.O. for approval.
Need to be adjusted/modified during the construction if
necessary or when EOT is given under the contract.
13.0
Performance Bond/ PGB
JKR 203A Rev.

1/2010
Programme of
Work.
Difference
13.0
Performance Bond/
PGB
14.0
Indemnity in
respect of personal
injuries and
damage to
property.
12
-5% of the C/Sum,valid until 12 mths after DLP/CMGD

whichever is earlier, failing which, WJP will apply.
-WJP is 10% deduction made on every progress payment
s,up to a max. of 5% C/Sum.
-50% of WJP may be released upon CPC, at the discretion
of S.O. Any claims made during construction, contractor will
be required to top up value at any time must be 5% of
C/Sum.
14.0
Indemnity in respect of personal injuries and damage to

property.
It is the duty of the contractor to keep the government (and
agents) indemnified against all manners of claims & actions
pertaining to works on site.

(CONTD)
Clause
15.0
JKR 203A Rev 2007

Insurance against personal injuries and damage to
property.
Clause
15.0
Insurance against
personal injuries
and damage to
property.
16.0
Indemnities to the
government in
respect of claims
by work men.
-Effect and maintain insurance to cover his liabilities

-Bear the excess amount as stipulated in Appendix
-Period of cover until CMGD.
-In case of failure, the Govt may extent the insurances on
behalf of the contractor, the cost of which shall include 5%
(on-cost charges).
-Cancellation of insurance is made 30 days after receipt of
notice by the government.
-Where claims exceed insured amount, the surplus shall
be borne by contractor.
-It stipulates a notification procedure and obligation the
contract to ensure a mandatory procedure is followed any
cancellation process
-It improses a positive duty on the contractor to ensure
that any insurance cover is not vitiated or rendered void or
voidable.
16.0
Indemnities to the government in respect of claims by

work men.
16.1 : Workmen Compensation.
Provides coverage for the Govt and officers against
claims by any workman.
JKR 203A Rev.

1/2010
13

(CONTD)
Clause
17.0
JKR 203A Rev 2007

Employees Social Security
Act 69
(5% on cost-charges)
Clause
JKR 203A Rev.

1/2010
17.0
Employees Social
Security Act 69
18.0
Insurance of work
17.1 Register with SOCSO

17.2 Contribution to SOCSO
17.3 Default in complying with SOCSO
18.0
Insurance of work
- Effect and maintain insurance to cover against
loss and damage by fire, lightning,
-Bear the excess amount as stipulated in Appendix
-Period of cover until completion of the works.
-In case of failure, the Govt may extent the
insurances on behalf of the contractor, the cost of
which shall include 5% (on-cost charges).
-Cancellation of insurance is made 30 days after
receipt of notice by the government.
-Where claims exceed insured amount, the surplus
shall be borne by contractor.
-It stipulates a notification procedure and obligation
the contract to ensure a mandatory procedure is
followed any cancellation process
14

(CONTD)
Clause
19.0
JKR 203A Rev 2007

Setting out
Clause
JKR 203A Rev.

1/2010
19.0
Setting out
20.0
Unfixed materials and

goods.
21.0
Compliance with the

law
Contractor is responsible over proper setting out and

for the correctness of positions, levels, dimensions &
alignments. In the event of any error, the contractor
shall rectify at his own expense said errors to the
satisfaction of the S.O.
20.0
Unfixed materials and goods.

- Materials delivered to site cannot be removed
without the consent of the S.O.
- Upon payment, the material & goods become the
property of the GOVT but still remains the
responsibility of the Contractor.
21.0
Compliance with the law

- Contractor must comply with any law, regulation or
bye-law that constitutes the current Statutory
Requirements.
- In the event of any change or amendment, the
contractor must obtain the written instruction from
the S.O. so as to enable the consideration of such
variation.
15

(CONTD)
Clause
22.0
JKR 203A Rev 2007

Cl. 22.0 : Design
22.1 : Design Liability
Clause
22.0
JKR 203A Rev.

1/2010
Cl. 22.0 : Design
Difference
- As requested by Government, NOT proposal

from contractor.
- Allows stand alone design by the contractor
which must be suitable, functional, safe &
compatible with the existing design supplied by
the Govt.
- This clause emphasizes the contractors
liability in ascertaining that his stand-alone
design has been undertaken, approved &
endorsed by a competent & registered
professional.
- Contractor to be fully responsible.
-Contractor to provide design G.Bond for the parts of
designed covers incidental issues such as the
amount, duration to cover, conditions of involving,
default provisions.
22.2 : Design Guarantee Bond
- Contractor is to provide a bond equal to 5% of
the said component of works and submitted
once CPC is issued.
- It must have a validity of 5 years.
16

(CONTD)
Clause
23.0
JKR 203A Rev 2007

Employment of Workmen.
Clause
23.0
JKR 203A Rev. 1/2010

Employment of
Workmen.
23.1 : Workmen
Restricted to Msian citizens unless
proven
unavailable. Applies to sub-contractors.
23.2 : Compliance Employment
Act 55 (PERKESO)
23.3 : Days and hours of working
Approval for overtime must be
obtained from S.O. the cost borne
by the contractor.
23.4 : Wages Books and Times Sheets.
23.5 : Default in payment of wages.
Any claims by workmen filed to Dept. of

Labour can be paid out by S.O. to be
deducted from monies due to contractor.
23.6 : Discharge of workmen.
S.O has the right to remove from site any
workman he deems incompetent.
17

(CONTD)
Clause
24.0
JKR 203A Rev 2007
Variation
Clause
JKR 203A Rev. 1/2010
24.0
Variation
25.0
Valuation of variation
Definition of variation:
A change in the contract Document
arising from the alteration or
modification of the design, quality or
quantity of the Works; including
addition, omission or
substitution/removal from site. There
is a cross reference to sub-clause 22.1
the effect of the SOs approval of the
contractors design.
25.0
Valuation of variation
Contract Rates (of similar character or
similar conditions).
Fair Rates (of differing nature or
differing conditions).
Pro-rata Rates
Day work + 15%
18

(CONTD)
Clause
26.0
JKR 203A Rev 2007

Bills of Quantities
Clause
JKR 203A Rev. 1/2010
26.0
Bills of Quantities
27.0
Measurement of work
28.0
Payment to contractor
and interim certificate.
- The quality & quantity from the BQ forms the

basis of the Contract Sum.
- The SMM (ISM) & CEMM (IEM) stipulates that
quantity
is considered fixed unless stated as provisional
- Error in description or quantity shall be rectified &
adjustment made to Contract Sum.
- S.O.s right to rationalization
- Percentage adjustment
27.0
Measurement of work
Outlines the method to be used in measurement of
variation & provisional quantities to be carried out by
contractors agent & S.O. during joint valuations.
28.0
Payment to contractor and interim certificate.

- Payment to be made monthly or as stipulated by
S.O.
- Only 1 payment is allowed without document
contract.
- Payment of material by NSS can be made up to
100%.
-Material delivered TO & ADJACENT to site, not
prematurely delivered.
19

(CONTD)
Clause
29.0
JKR 203A Rev 2007

Adjustment of Contract Sum
Clause
29.0
Adjustment of
Contract Sum
30.0
Fluctuation of price
31.0
Final Account and

payment certificate
32.0
Effect of S.Os
Certificate
Increase or decrease of contract sum thru variation or

others must be certified by S.O. / Representative
30.0
Fluctuation of price
JKR 203A Rev.

1/2010
Details of V.O.P. is still explained under (Special

Provision)
31.0
Final Account and payment certificate

- 3 months after CPC, all claims complete with
details/supporting documents must be submitted to
the S.O.
- Otherwise the S.O. will proceed with the preparation
of Final Account using current info and its issuance 3
months after DLP or CMGD.
- Contractor to submit Statutory Declaration to the
Govt.
32.0
Effect of S.Os Certificate

No certificate of the S.O. under any provision shall
release the contractor from his obligations under this
contract.
20

(CONTD)
Clause
33.0
JKR 203A Rev 2007
Deduction from money due to contractor
Clause
33.0
Deduction from
money due to
contractor
34.0
Prime
Cost/Provisional
Sum
35.0
Materials, Goods
and Workmanship
Govt./S.O. is entitled to deduct money owed by the

contractor through other contracts where both are parties
to it.
34.0
Prime Cost/Provisional Sum

Adjustment of Prime Cost/ Provisional Sum allowed in
contract and that of the actual amount must be carried
out.
Provisional Sum can be converted to Prime Cost Sum
when the contractor will be doing the NSC works but he
waivers his right for Profit and Attendance.
35.0
Materials, Goods and Workmanship

Additional testing instructed by S.O. that incurs additional
cost will be paid unless the results show that the work,
materials & goods are not in accordance with the
contract.
JKR 203A Rev.

1/2010
21

(CONTD)
Clause
36.0
JKR 203A Rev 2007
Inspection & Testing of Materials,

Goods & Equipment.
Clause
JKR 203A Rev. 1/2010
36.0
Inspection & Testing

of Materials, Goods &
Equipment.
37.0
Constructional Plant,
Equipment, Vehicle &
Machineries.
All cost involved with Inspection &

Testing will be borne by the contractor
except additional tests as instructed by
the S.O. (depends on the
results/outcome of said tests).
37.0
Constructional Plant, Equipment,

Vehicle & Machineries.
Arrangement pertaining to bringing in
equipment & machineries into Malaysia
is solely the responsibility & obligation
of the contractor. He is to deal directly
with the relevant authorities and shall
furnish all such documentation &
approval to the S.O. when required.
All cost arising from this is to be borne
by contractor.
22

(CONTD)
Clause
38.0
JKR 203A Rev 2007
Possession Site
Clause
38.0
JKR 203A Rev. 1/2010
Possession Site
Work cannot commence without

Performance Bond/Insurances. For
purposes of starting work, receipts
without policies are acceptable.
Delay (whole or in part)
- < 90 days EOT 43.1 (g) and not
entitled to claims.
Delay (whole) > 90 days
- Contractor agreed to proceed later
(entitle to EOT & NO CLAIM) or,
- Contractor terminate the contract
Delay (in part) > 90 days
- Contractor agreed to proceed later
(entitle to EOT & NO CLAIM) or,
- request SO to omit that part. (If SO
refuse, entitle to claims)
23

(CONTD)
Clause
39.0
JKR 203A Rev 2007

Completion of Work
Clause
JKR 203A Rev.

1/2010
39.0
Completion of
Work
40.0
Damages for NonCompletion
Contractor to notify S.O that work is completed within

14 days, S.O to inspect and issue CPC.
What is practical completion?
a)
Work completed as specified in contract.
b)
Government have full, proper and beneficial use
of the work for its intended purpose.
c)
Passed T & C
d)
Fit for occupation
e)
Essential services (external work)
40.0
Damages for Non-Completion

S.O is required to issue Notice to the contractor before
LAD is imposed (no time frame to notice) as a
proclamation of his intention.
41.0
Sectional Completion
Involves different Completion Dates for ascertained
portions of work as stipulated in the Appendix where the
EOT, CPC, LAD and DLP will also be considered
separately except Insurances, PB, Final Payment.
Difference
41.0
Sectional
Completion
24

(CONTD)
Clause
42.0
JKR 203A Rev 2007

Partial Occupation/ taking over by
government.
Clause
JKR 203A Rev. 1/2010
42.0
Partial Occupation/
taking over by
government.
43.0
Delay & Extension of

time
Govt with the consent of contractor shall take

possession & occupy the completed
component of
works.
Certificate of PO will be issued, DLP will start
from
the day of handing over followed by CMGD.
LAD amount will be reduced proportionately
corresponding to the value of said
component.
Value & period of insurances remain the
same.
43.0
Delay & Extension of time

Cl. 43(c) Suspension of work
under Cl. 50
Reasons: EOT 43 (a) (j) total: 10
Highlight:-Delay is not brought about by delay of nonperforming NSC.
-Contractor has proven he has mitigated the
delays.
-Does not constitute failure on part of
contractor.
25

(CONTD)
Clause
44.0
JKR 203A Rev 2007

Claims for loss and expenses
Clause
JKR 203A Rev.

1/2010
44.0
Claims for loss and

expenses
45.0
Investigation by
government and other
persons in case of
accidents, failure or
other event.
46.0
Access for work
Claims arising from delay (EOT) due to:43.1 : (c) Suspension of Works
(d) S.O. instructions & neighboring
disputes
(e) S.O. instruction under Cl. 5
(f) delay caused by S.O
(h) delay by 3rd party appointed by Govt.
45.0
Investigation by government and other persons

in case of accidents, failure or other event.
Allows 3rd party to investigate where the
contractor is to provide full cooperation,
assistance & facilities as may be required.
46.0
Access for work

S.O/ Rep or 3rd party appointed by Govt must be
given access to site, fabrication factories,
warehouses, etc related to material & goods to be
used in project.
26

(CONTD)
Clause
47.0
JKR 203A Rev 2007
Clause
Sub-Contract or Assignment
JKR 203A Rev. 1/2010
47.0
Sub-Contract or
Assignment
48.0
Defects After Completion

No On-Cost charges
Contractor must obtain the consent of S.O. before

sub-contracting the work. Contractor still fully
responsible over the contract & the default of his
sub-contractors.
Assignment of contract or part is not allowed
except for banks/institutions as consented by the
S.O.
48.0
Defects After Completion No On-Cost charges
Completion
Date
DLP (12 Mths)
CMGD
14 Days
Final list
3 Mths
- In case of failure to rectify by Contractor, S.O.

can appoint 3rd party where the cost of rectification
plus 10% on cost charges will be claimed from the
contractor.
-Diminution in value of Defect work
-Certificate of Making Good Defects.
27

(CONTD)
Clause
49.0
JKR 203A Rev 2007

Unfulfilled Obligations
Clause
JKR 203A Rev.

1/2010
49.0
Unfulfilled
Obligations
50.0
Suspension of
Works
Although the CMGD has been issued, contractor

remains liable to fulfill all obligations incurred prior
to the issue of said certificate.
50.0
Suspension of Works
50.1 : Suspension and Resumption To overcome

problems arising from PBT & funding.
Officer named can issue instruction to suspend work.
Contractor to continue with his other obligations
including site security, repair of damages and show
initiative in cutting costs within said period.
Difference
50.2 : Extension of Time Contractor can apply for EOT

Cl. 43(c).If suspension exceed 12 months mutual
termination can be considered.
50.3 : Consequences of Mutual Termination Contractor
paid up to works carried out and
no claims made to PB
28
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010) (CONTD)
Clause
51.0
JKR 203A Rev 2007
Events and Consequences of Default by Contractor

2 termination scenarios:
51.1.Default of Obligation by Contractor
-Failure to start work within 2 weeks of L.A (new)
-Suspend or abandon work
-Failure to proceed regularly & diligently
-Failure to execute work in accordance to contract
-Persistently/continuously neglects to carry out obligations
Clause
51.0
JKR 203A Rev.

1/2010
Events and
Consequences of
Default by
Contractor
Difference
-Failure/refusal to comply to S.O.s instructions

-Failure to comply with Cl. 47 (Sub-Contract)
The named officer will issue a 14-day notice, failure of which will
effect termination proceedings.
Implications of termination will be similar to Cl. 51 of the old COC.
Contractor must vacate site and Govt will seize PB/ WJP and
initiate retendering & claim of completion cost.
51.2. General Default
- General default includes contractors bankruptcy, winding up
orders & court instruction to freeze contractors asset.
- Govt can terminate contract by first issuing a 14-day notice.
- Similar in implication with Cl. 51.1
Contractor must vacate site and Govt will seize PB/WJP and
initiate
retendering & claim of completion cost.
29

(CONTD)
Clause
51.0
JKR 203A Rev 2007

Events and Consequences
of Default by Contractor (contd)
Clause
51.0
Events and
Consequences
of Default by
Contractor (contd)
52.0
Termination on National
Interest
Stop Work
Carry out protective work
Remove personnel
Vacate site
Terminate his sub-contractors
Return all plans/documents etc
Pay losses/damages to the Government.
52.0
Termination on National Interest
JKR 203A Rev. 1/2010
What constitutes National Interest?
Must not imply that the Govt is trying to be

relieved of its contractual obligations &
liabilities. (PBT is not national interest and
national security cannot be compromised!).
Govt will not seize Bond upon
termination.Contractor will be paid whatever
works carried out without claims made to the
PB.
Contractor stop
work/remove/personnel/vacate site
30

(CONTD)
Clause
53.0
JKR 203A Rev 2007

Termination on Corruption
Clause
53.0
If the contractor, his personnel or subcontractors is proven guilty of corruption

relating to the Works, the contract may be
terminated after notice has been issued.
PB will be forfeited and claim on completion/
retender cost will be made (Cl. 51.1)
54.0
Payments Upon Termination

If termination is due to Cl. 50 (Suspension of
Works) or Cl. 52 (Termination on National
Interest), payment to contractor shall be:
a)Works carried out until date of termination.
b)Inclusive of partly completed works
c)Cost of materials/goods reasonably and
has/will be
delivered to site.
d)Expenses reasonably incurred by
contractor in expectation of completing the
works.
e)Costs involved in handing over the project
back to the Govt.S.O to prepare and issue a
Final Account to the contract.
JKR 203A Rev. 1/2010

Termination on
Corruption, unlawful &
illegal activities
Difference
54.0
Payments Upon
Suspension
&Termination On
National Interest
31

(CONTD)
Claus
e
55.0
JKR 203A Rev 2007

Certification of Termination Costs.
Claus
e
55.0
To be prepared upon termination,

taking into consideration the following:
i)
Payments made to contractor
ii.
3rd party payments to complete works
iii.
Other costs related to completion
10% On- Cost Charges
56.0
Surviving Right
JKR 203A Rev. 1/2010

Events & Consequences Of Default by
The Government
(new clause)
Difference
56.0
Certification of Termination Costs.
57.0
Cl. 57.0 : Surviving Rights
In the event of termination, liabilities of both

parties within the contract period will still
stand.
57.0
Effect of Force Majeure

A situation in which both Govt & Contractor are
unable to fulfill their obligations under
contract e.g.
war, riot, earthquake etc. Contract will be
terminated
with mutual agreement by both parties where
neither
will be entitled to any claims.
32

(CONTD)
Clause
58.0
JKR 203A Rev 2007

Site Agent and Assistants
Clause
JKR 203A Rev.

1/2010
58.0
Effect of Force Majeure
59.0
Site Agent and

Assistants
60.0
Nominated SubContractor and

Nominated Supplier
Contractor to employ a competent, efficient suitability

qualified site agent, able to receive instructions from S.O
on site.
59.0
Nominated Sub-Contractor and Nominated Supplier

S.O shall call tenders for items under Provisional Sum or
P.C sum in the contract. Contractor may object
nominations with valid reason. S.O may appoint sub
contractor and enter into a direct contract by way of
omission or instruct M/Contractor to execute the works.
60.0
Payment to NSC and/ NS

Ensure direct payments to NSC.No Deed of assignment
is needed.
60.1 SO shall obtain tenders for NSC/NS in respect the
PCS/PS are included in BQ.
- Contractor shall on the written insruction by the
SO enter into such sub contract with the WS/NSC
33

(CONTD)
Claus
e
61.0
JKR 203A Rev 2007

No Liability of government to NSC and NS
Clause
JKR 203A
Rev. 1/2010
61.0
Payment to NSC and/

NS
62.0
No Liability of
government to NSC and
NS
63.0
Responsibility of
Contractor to NSC and
NS
64.0
Intellectual Property
Rights
There is no warranty of contract between

government and NSC.
62.0
Responsibility of Contractor to NSC and NS

Contractor is fully responsible over NSC, he may
terminate the NSC with consent from S.O. and may
appoint a new NSC at no extra cost to the government.
63.0
Intellectual Property Rights

Copyright and proprietary rights ,related to the Works,
shall be the property of Government. Contractor must
indemnify Government from all claims. if any.
64.0
Antiquities
All discovery of objects of interest or value during
construction shall be the absolute property of the
Government. Contractor to inform S.O. immediately who
in return will issue instruction as what is to be done.
Contractor will be reimbursed
34

(CONTD)
Clause
65
JKR 203A Rev 2007

Arbitration
Clause
JKR 203A Rev. 1/2010
65.0
Antiquities
66.0
Arbitration
67.0
Notices
Both parties can now refer any disputes

toArbitration.
66
Notices
Notices shall be effected by;
i.
Hand delivery or courier,acknowledge
receipt.or
ii.
Leaving notices at the registered
address in the contract or
iii.
Registered post,deemed to have
received, 7 days from date of posting.
Onus on Contractor to inform of any change in
address.
67
Amendments
No amendments to be made to this
agreement unless made by mutual consent
by way of a supplementary agreement.
35

(CONTD)
Claus
e
68.0
JKR 203A Rev 2007

Confidentiality
Clause
68.0
Stamp duty
Safety At Site
Difference
Contractor must not disclose to third party all matters

pertaining to the contract unless;
- to the bank/financial institution ,raising funds.
- to the consultants appointed for the project.
- as required by law in the country.
69.0
JKR 203A
Rev. 1/2010
69.0
Advance Payment
Difference
Now, Contractor is required to pay for all stamp duty

charges.
70.0
Severability
73.0
Severability
71.0
Waiver
74.0
Waiver
36

(CONTD)
Clause
JKR 203A Rev 2007
Clause
JKR 203A Rev.

1/2010
72.0
Laws applicable
75.0
Laws applicable
73.0
Successors Bound
76.0
Successors Bound
74.0
Epidemics and medical attendance
77.0
Epidemics and Medical

Attendance
75.0
Technology Transfer
78.0
Technology Transfer
76.0
General duties and Performance Standard
79.0
General duties and

Performance Standard
-Maintain site clean and sanitary condition

-Comply will all requirement of the
government health and sanitary authorities.
77.0
Restriction on imported materials and

goods
80.0
Restriction on imported
materials and
goods
78.0
Time
81.0
Time
37
OTHERS
Appendices
Addendum
Special Provisions
THANK
YOU
39
Clause
Differences
4.0
Clause 4.1(a) is replaced to sentence in clause 4.1(b)

Clause 4.1(b) is replace to sentence 4.1(a) and provisions 40, 43 and 65 has been deleted
and addition of provision 57 and 66 in this clause.
6.0
10
Additional of term in accordance with best industry practice.

Word must replaced by shall
Clause 10.0(a) mentioned the contractor need to comply the works accordance to the
specification, contract dwgs, and other documents specified in contract.
COC Rev. 2007

COC Rev. 1/2010
12
COC Rev. 2007
COC Rev. 1/2010
New sub provision 12.1(a), (b) The provision specified the need of contractor to submit
the Work
Programme to the SO that shows detail activities of wk, methods of
construction proposed to adopt.
'New provision 12.2 (i), (ii) & (iii), It stipulates define periods for the submission and
approval of the programme plus consequences for the SOs default.
(to approve or reject or request further informations to clarify on the Work
Programme submit by the contractor)
'New Provision 12.3, 12.4, 12.5 requires the contractor to resubmit the Work
Programme if request for. The submission to and approval by the SO does
not relieve the contractor of any his responsibilities under the contract.
69
COC Rev. 2007
COC Rev. 1/2010
New Provision regarding the value of advance payment, conditions to be

followed by the contractor & deduction of advance payment to be made in
interim certificates.
40
Clause
Differences
22.1 (a)
Term intergrates has been added.
22.1(b)
A need of contractor to submit the related particulars ie. Dwg, specs, calculation &
other doc. Pertaining to stand alone design.
22.1(c)
Rephrase of clause 22.1 (c) & (d). The contractor shall be fully responsible and
guarantee the Govn. Of the Stand Alone Design, integration, execution of the works,
material and workmanship for the works are independent from any fault, suitable,
functional, safe & compatible with Govn's requirement.
22.2(a)
'additional term - 'stand alone

'The Design Guarantee Bond Act as a security for the contractor's obligation and
warranties which valid for a period of 5 years from the date of CPC.
22.2(b)
'additional term 'imperfection, shrinkage' due to defects in the stand alone design.
22.2(c)
'the Govn. has the right to claim from PB the sum of equal to 5% of the value of the
said part of the works or such part thereof as maybe demanded.
22.2(d)
New clause The contractor need to extend security if the DGB were to expire.
COC Rev. 2007

COC Rev. 1/2010
41
Clause
Differences
40.0
Few sentences related to this provision has been deleted
40.2
Provision is improved by mentioned the right of Government to terminate the

contract and recover LAD from the contractor from any money due/become
due/ form Performance Bond/ as a debt due.
40.3
New Provision related to LAD that is amount of loss which Government will
suffer because of breach of contract by the contractor.
40.4
New Provision which not relieve the contractor from his liabilities and
obligations under the contract even though deduction such LAD has been
made.
COC Rev. 2007

COC Rev. 1/2010
50
The term 'officer named in the appendix' has been replace to SO.
COC Rev. 2007

COC Rev. 1/2010
51.1 (a) (ii)
51.2(b) (ii)
COC Rev. 2007
COC Rev. 1/2010
The need to fill in the no of days of work been suspend

Rephrase of previous provision. The clause strictly mentioned that contract
42
shall not be entitled to any form of losses i.e lost of profit, damage claim etc.
upon termination of the contract.
Clause
53.1
Differences
The new term ' unlawful & illegal activities' has been inserted.
53.1 (a) replaced to 53.1
53.1 (a) (i)& (ii) in COC 2007 has been deleted
53.2
53.2 (c)
COC Rev. 2007
COC Rev. 1/2010
55
COC Rev. 2007
53.1(b) change to 53.2

53.2(b)(iii) change to 53.2 (c)
Rephrase of previous provision. The clause strictly mentioned that
contract shall not be entitled to any form of losses i.e lost of profit,
damage claim etc. upon termination of the contract.
New Provision allows the contractor to terminate the government because
of fails to fulfill any obligation which affects the works & consequences of
such termination.
COC Rev. 1/2010

68
COC Rev. 2007
COC Rev. 1/2010

COC Rev. 1/2010
New Provision regarding the compliance of safety requirement,

submission of safety report to Govn, appointment of qualified Safety
Officer and to provide safety measure at site.
43

COC 203A (20102007) Amended 16 3 2012

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COMPARISON BETWEEN PWD

203A (REV. 1/2010)&PWD 203 A

COMPARISON BETWEEN PWD 203A

The JKR.PWD Forms were last revised in 1983: almost a quarter of

For Traditional General Contracts

COC for BQ Contracts

COC for Contracts based

COC for NSC where Main

COC for nominated

For Package Deal Types Of Contrtact

PWD DB/T(2002 Edn)

COC for Design & Build

Consist only of 1 Addendum

Special Provisions to COC

PWD 203A (Rev. 1/2010)

PWD 203A (Rev. 2007)

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007

JKR 203A Rev.

The S.O and

The S.O and S.Os Representative

S.Os Right to Take Action

Must be in writing Variations, discrepencies ,in

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007

-Construct and complete,using

JKR 203A Rev. 1/2010

Stipulates the contract sum.

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007

9.1 : Representation and warranties.

Obligation of the contractor

JKR 203A Rev.

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007

Within 14 days from LA, contractor must submit his working

Performance Bond/ PGB

JKR 203A Rev.

-5% of the C/Sum,valid until 12 mths after DLP/CMGD

Indemnity in respect of personal injuries and damage to

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007

-Effect and maintain insurance to cover his liabilities

Indemnities to the government in respect of claims by

JKR 203A Rev.

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007

JKR 203A Rev.

17.1 Register with SOCSO

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007

JKR 203A Rev.

Unfixed materials and

Compliance with the

Contractor is responsible over proper setting out and

Unfixed materials and goods.

Compliance with the law

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007

JKR 203A Rev.

- As requested by Government, NOT proposal

COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)

JKR 203A Rev 2007