Clause 14.

0 Material And Goods

14.0

Material and Goods

14.1
The material and goods delivered to site must be for the purpose of
incorporation into the permanent works to be eligible for inclusion in the
Interim Certificate under clause 30.2. After the materials and goods have been
included in the Interim certificate, the contractor has no right to remove any
paid material and goods unless writing instruction or consent from architect
which is not unreasonably delayed or withheld has been issued to the
contractor. After completion of work, the contractor can remove the materials
and

goods

without

consent.

This clause is similar to Clause 20.0 in P.W.D 203A.

14.2

If the material and goods delivered to site by the contractor has been paid by
the employer under Interim Certificate that issuance accordance to proviso of
clause 30.2, provided that the material and goods is not prematurely brought to
the site. After the materials and goods have been included in the Interim
certificate, the materials and goods had become the property of the employer.
The contactor has no right to remove the paid material and goods which are
belong to the employer without consent of the employer.
This clause is similar to Clause 20.0 in P.W.D 203A.
Example:
In a project, the contractor had ordered the Ceramic Wall Tiles deliver to site
which will use on nine month later accordance to working schedule submitted
by contractor. In this situation, the contractor will be not entitle payment for
the Ceramic Wall Tiles until the date near to commencement of Ceramic Wall
Tiles work because this had considered as the material and goods prematurely
brought to site.

Clause 14.0 Material And Goods ( contd)

14.0

Material and Goods (contd)

14.3
The contractor should always ensure that the material and goods delivered to
site which should including the material and goods supplies by Nominated
Sub-Contractor and Nominated suppliers are in good condition and free of any
damage or loss. The contractor has the responsibility to ensure the material and
goods to properly store at the site and be protected against loss, damage or
deteriorate. The contractor needs to compensate the employer for any loss or
damage on material and goods on site.
This clause is similar to Clause 20.0 in P.W.D 203A.
Example:
The Ceramic Floor Tiles which has been paid by employer had been stolen in
the store of contractor due to negligence of contractor. In this case, the
contractor needs to compensate the employer for the loss of materials although
it

was

stolen

by

other.

Clause 14.0 Material And Goods ( contd)

14.0

Material and Goods (contd)

14.4
The contractor has the responsibility to warranty the employer that the title or
ownership is free from encumbrance such as retention of title for the
delivered material and goods which has been paid under Clause 30.1. In the
event which the material and goods that had included in the contractors
payment application are re-possessed, the contractor deem to have made the
false warranty on the title of the material and good, and the contractor should
compensate the employer for any loss suffered. The employer may recover loss
by demand payment from the contractor to be set off based on condition
provided
This

clause

under
is

peculiar

in

Clause
PAM

2006

(With

30.4.
Quantities).

Example:
In the contract, the Ceramic Floor Tiles has been delivered to site and has been
included in Interim Payment to contractor. However, the Ceramic Floor Tiles
have been found out that are the stolen goods from others, which the right of
titles of the goods is belong to the original owner. In this case, contractor had
made a false warranty on title because the employer unable to become the
rightful owner of the material and goods due to that is stolen goods from other
although the contractor paid to purchase it. In this case, the contractor should
pay for the employers loss or the employer can set off the amount of loss in
the next Interim Payment to the contractor.