Presentation 7-pp-final
- 1. PROFESSIONAL PRACTICE 1 QSB 60604 GROUP MEMBERS : • TAN KAI XUAN (0325066) • TAN SHEN SIN (0324602) • TEE WAN NEE (0325074) • TEO CHIANG LOONG (0323762) TUTORIAL QUESTION 7 PAM FORM OF CONTRACT 2006 (WITH QUANTITIES)
- 2. a) A Contractor is currently undertaking works on two construction projects adjoining to each other but under two separate contracts. Project “A” started a year earlier than project “B”. The work on reinforced concrete framed building in Project “A” is 75% completed with only internal works remaining. Project “B” consists of mainly infrastructure works such as earthworks, main drain and roadworks. The progress is about 30%. After heavy rain of five hours, both sites were flooded for three days. TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762) Delays due to reasons outside the control of both parties exceptionally inclement weather CLAUSE 23.1 May apply for an extension of time CLAUSE 23.1(a) CLAUSE 23.1(b) If contractor failed to submit his final claims within the stated time (28 days of the end of cause of delay), it shall be deemed that such event will not delay the completion of work. The contractor shall give written notice to the Architect his intention to claim for such extension of time
- 3. The Contractor is claiming for extension of time citing similar reasons, i.e. exceptionally inclement weather for both projects. Discuss and advise on the contractor’s entitlement. CLAUSE 23.8 (a) CLAUSE 23.8 (b) Heavy rains for 5 hours are under Force Majeure and it basically limits the contractors risk in contract by removing his liability to pay damages for late completion when Force Majeure has occurred or frustration of contract would occur. As the contractor is claiming for EOT for the similar reasons which are exceptionally inclement of the weather, it would be referred to the Clause 23.8 b which is the EOT for relevant of time referred to exceptionally inclement weather . TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762) CHECKING THE WEATHER FORECAST REPORT FROM THE METHODOLOGY
- 4. The Contractor is claiming for extension of time citing similar reasons, i.e. exceptionally inclement weather for both projects. Discuss and advise on the contractor’s entitlement. TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762) CLAUSE 23.2 The contractor shall send a copy of such written notice & particulars to the Nominated Sub- Contractor concerned. CLAUSE 23.3 The architect shall inform the Contractor to resubmit the particulars if it is insufficient for the architect to decide on the application for extension of time.
- 5. The Contractor is claiming for extension of time citing similar reasons, i.e. exceptionally inclement weather for both projects. Discuss and advise on the contractor’s entitlement. CLAUSE 23.4 The Architect shall consider the Contractor's submission and shall either reject the Contractor's application or issue a Certification of Extension of time within six (6) weeks from the receipt of sufficient particulars. CLAUSE 23.5 In assessing the extension of time, may take into account the following CLAUSE 23.5 (a) CLAUSE 23.5 (b) The Architect shall not fix a Completion Date earlier than the Completion stated in the appendix Relevant Events which in the Architect's opinion will have an effect on Contractor's to an extension of time TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762)
- 6. The Contractor is claiming for extension of time citing similar reasons, i.e. exceptionally inclement weather for both projects. Discuss and advise on the contractor’s entitlement. CLAUSE 23.6 CLAUSE 23.7 The Contractor shall prevent or reduce delay in the progress of Works, and satisfy Architect's requirements to prevent or reduce delay or further delay in the completion of Works. The Architect shall notify every Nominated Sub- Contractor when fixing a later completion date TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762)
- 7. The Contractor is claiming for extension of time citing similar reasons, i.e. exceptionally inclement weather for both projects. Discuss and advise on the contractor’s entitlement. CONCLUSION NIL because there are only internal works left and the flood doesn’t goes into the internal work TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762) PROJECT A WITH INTERNAL WORKS LEFT PROJECT B WITH EARTHWORKS, MAIN DRAIN AND ROADWORKS Can be claimed because the flood does affect the project works currently
- 8. b) In the PAM Form of Contract 2006 (With Quantities), advise the Employer the procedures involved in the issuance of the Certificate of Practical Completion, assuming even if there are minor outstanding and defective works. Certificate of Practical Completion Contractor is no longer be charged with liquidated damages IS ISSUED Employer takes over responsibility HANDS OVER RESPONSIBLITY THEN… THE START OF THE PERIOD OF: I.) Final measurement for the final account (6months) II.) First moiety of retention fund is released to contractor. III.) Start of Defect Liability period TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762)
- 9. b) In the PAM Form of Contract 2006 (With Quantities), advise the Employer the procedures involved in the issuance of the Certificate of Practical Completion, assuming even if there are minor outstanding and defective works. When is Certificate of Practical Completion is issued ? Where architect considers the works are complete, sufficient for the client to take possession and use the building. Defects and minor works has still needed to be executed by Contractor and a notice has been given to the Architect with reasonable time specified. CLAUSE 15.1(a) TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762)
- 10. b) In the PAM Form of Contract 2006 (With Quantities), advise the Employer the procedures involved in the issuance of the Certificate of Practical Completion, assuming even if there are minor outstanding and defective works. PAM CONTRACT 2006 (WITH QUANTITIES) The issuance of the Certificate of Practical Completion Practical Completion Clause15.1 Clause15.1(b) Clause15.1 (a) Works are practically completed when: Clause15.2 When the whole of the works are practically completed, Contractor shall forthwith give written notice that effect to Architects within 14 days In architect’s opinion, employer can have full use of the works for their intended purpose, not withstanding that there may be works and defects or minor nature still to be executed and the contractor has given to the Architect a written undertaking to make good and to complete such works and defects with a reasonable time specified by architect; and Others requirements expressly stated in Contract Documents as a pre- requisite for the issuance of certificate of practical completion have been complied with. YES TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762)
- 11. b) In the PAM Form of Contract 2006 (With Quantities), advise the Employer the procedures involved in the issuance of the Certificate of Practical Completion, assuming even if there are minor outstanding and defective works. PAM CONTRACT 2006 (WITH QUANTITIES) The issuance of the Certificate of Practical Completion Clause15.2 Clause15.2(b) Clause15.2 (a) If the Architect is of the opinion that the Clause15.2(b)(i) The date of receipt of the Contractor’s written undertaking to make good and to complete works and defects of a minor nature; where there are such works or defects; or Works are not practically completed under clause 15.1, the Architect shall give written notice to the Contractor with copy extended to the Nominated Sub-Contractor stating the reasons for his opinion; or Works are practically completed under clause 15.1, the Architect shall issue the Certificated of Practical Completion. The date of Practical Completion shall be: Clause15.2(b)(ii) The date of receipt of the Contractor’s written notice, where there are no works and defects of a minor nature. TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762)
- 12. b) In the PAM Form of Contract 2006 (With Quantities), advise the Employer the procedures involved in the issuance of the Certificate of Practical Completion, assuming even if there are minor outstanding and defective works. PAM CONTRACT 2006 (WITH QUANTITIES) Contractor’s failure to comply with undertaking Clause 15.3 Clause15.3 (a) The contractor shall comply with his undertaking to finish up the defects of minor nature under clause 15.1a within the time specified. If it is not being done, the Employer may without prejudice to any other rights and remedies which he posses under the Contract. Clause15.3 (b) Clause15.3 (c) Grant the Contractor additional ex-gratia time to be specified by the Architect to enable the Contractor to comply with his said undertaking Employ and pay the other person to execute any work which may be necessary to give effect to the Contractor’s said undertaking. All cost incurred including any loss/expense shall be set-off by the Employer under Clause 30.4, or Accept to leave all or any such works and defects of a minor nature in the Works subject to an appropriate set-off under Clause 30.4 TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762)
- 13. THE END TAN KAI XUAN(0325066)|TAN SHEN SIN(0324602)|TEE WAN NEE (0325074)|TEO CHIANG LOONG (0323762)