QUESTION 1

a) According to the PAM contract 2006, stated that in clause 23.8 all the events that give
permission to the contractor to have extension of time. The different between all
those events happen in the project is either the contractor is managed to get loss and
expenses or only get the extension of time.

The following is the reasons of the extension of time, the first reasons is delay by
SYABAS for connection to the site. This reason is reliable to the the clause of 23.8 (q)
which is stated that delay caused by any appropriate authority and services provider
in carrying out, or failure to carry out their work which affects the contractors work
progress, provided always that such delay is not due to any negligence, omission,
default and/or breach of contract by the contractor and/or nominated sub-contractor.
This allowed the contractor to obtain extension of time but not to claim any loss and
expenses.

For the second reason which is increased earthwork quatities in the working drawings
as compared with the bills of quantities can be relate to the clause of 23.8 (t) which
stated delay as a result of the execution of work for which a provisional quantity is
include in the contract bills which in the opinion of the architect is not a reasonably
accurate forecast of the quantity of work required. But for this reason, because of the
default is caused by the employee, the contractor entitle to get the loss and expenses
also the extension of time.

For the third reason, which is additional requirements by the Jabatan Bomba for
sprinkler system in the doctors consultation rooms which is closely relate to the same
clause as in the first reasons with SYABAS. Thus, the contractor is only reliable to get
extension of time but cannot claim any loss and expenses.

The fourth reason which access road to the site was blocked due to flooding. This
reason is closely related to the clause of 23.8 (b) where it gives exceptionally
inclement weather. But if the contractor may predict the bad incoming weather is on-
going, thus the contractor is not liable for any extension of time or claiming in loss and
expenses.

The fifth reason is delay in the honouring of 4th and 5th progress payment. This
reason closely relate to the clause of 23.5 (b) where the architect can give his or her
opinion on the consideration of the factor that may affect the contractors work
progress. Logically, if the contractor is not be paid then how the contractor may
continue his works progress. Thus, this reason may allow the contractor the
entitlement of the extension of time. The last reason is delay due to fire in the air
handling unit (AHU) room. This is stated in clause 23.8(a) where it is force majeure for
the contractor to predict any unwanted cases could happen on site.

Basically the total days or duration allowed for the extension of time based on
the activities above in total as follow of the work programme below:

A 32 days
B 36 days
C 29 days
D 17 days
E 45 days
F 14 days

Total approved extension of time : 144 days

Because of the 2 activities run concurrently, the estimated approved extension of time
is 144 days.
b) The criteria of practical completion certificate to be issued is as followed:

all essential
services are
completed

building is
it is fit for constructed
occupation acccording to
the contract
criteria of
practical
completion

it can be used
it has passed
for its
commissioning
intended
tests
purpose

The first criteria are all essential services are completed. It brings the meaning
of all the services, infrastructure works, and external works have completed and can
be used immediately. These criteria needed to be accomplished in order to fully
functional as the planned building. The item included such as road works, sewerage,
water supply and etc as stated in clause 39.5 in PWD 2010 contract. Next is the
building is constructed according to the contract. What it mean with according to the
contract means, the building is fulfilled according to specification as stated in the
contract or demand by the clients. If any of the element or item of the building is not
follow to the specification, the S.O. or government should not entitle the certificate of
practical completion until the contractor made amendment or change the specification
of the elements.

Third criteria are the building can be used for its intended purpose. For these
criteria, the building constructed must give the expected end result to the clients. For
example, if the expected function of the building is a hospital, thus the final product
must bring or give the function of a hospital, not others or more likely a hospital. The
client must feel the final product as the expected or else the certificate of Practical
completion shall not be issued. The fourth criteria are it has passed all the
commissioning test. It is to ensure the safety of the building and to ensure the
usability of the building either it can be occupied or not. The test that usually run in
the building is the inspection of the S.O. The last criteria are it is fit for occupational in
example all the basic need is completed ready in the building. Such as water supply,
electric and others basic needs.
c) After the contractor considers that he had complete the works fully, he can notice the
S.O. by giving a written notice about the completion of the projects. Within 14 days of
the issuance of the notice by the contractor, the S.O. should make the inspection.
The inspection should not be done by the S.O. alone. He/she should be accompanied
by the contractors representative, and employee. Along the inspection, if there are
some defects identified by the S.O., the certificate of practical completion should not
be issued until the contractor had effectively carried out the remedial works within
reasonable period as stated in clause 39(4) in P.W.D. contract. Thus, for all the 267
defective works that had been identified by the S.O. should be carried out by the
contractor within reasonable time where it shall not more that the date of completion
or otherwise the S.O. may issue the certificate of Non-completion and the L.A.D. can
be charge to the contractor.