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  • Difference of JKR PWD & PAM

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    Azizul Hakim Musa
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    The document compares and contrasts the JKR/PWD and PAM standard forms of construction contracts used in Malaysia. The key differences are: JKR/PWD forms are used for public sector projects while PAM forms are for private sector building works. PWD 203A does not allow contractors to suspend work for delayed payments, while PAM 2006 includes provisions allowing suspension if payment is delayed beyond 21 days. Additionally, PAM 1998 did not previously include payment suspension provisions but this was added in PAM 2006. The document provides a table outlining the different processes for issuing interim payment certificates between PWD 203A and PAM 1998 contracts, such as the valuation period, issuing period, honoring period, and amounts

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    The document compares and contrasts the JKR/PWD and PAM standard forms of construction contracts used in Malaysia. The key differences are: JKR/PWD forms are used for public sector projects while PAM forms are for private sector building works. PWD 203A does not allow contractors to suspend work for delayed payments, while PAM 2006 includes provisions allowing suspension if payment is delayed beyond 21 days. Additionally, PAM 1998 did not previously include payment suspension provisions but this was added in PAM 2006. The document provides a table outlining the different processes for issuing interim payment certificates between PWD 203A and PAM 1998 contracts, such as the valuation period, issuing period, honoring period, and amounts

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    © All Rights Reserved
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    266 views4 pages

    Difference of JKR PWD & PAM

    Uploaded by

    Azizul Hakim Musa
    The document compares and contrasts the JKR/PWD and PAM standard forms of construction contracts used in Malaysia. The key differences are: JKR/PWD forms are used for public sector projects while PAM forms are for private sector building works. PWD 203A does not allow contractors to suspend work for delayed payments, while PAM 2006 includes provisions allowing suspension if payment is delayed beyond 21 days. Additionally, PAM 1998 did not previously include payment suspension provisions but this was added in PAM 2006. The document provides a table outlining the different processes for issuing interim payment certificates between PWD 203A and PAM 1998 contracts, such as the valuation period, issuing period, honoring period, and amounts

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    © All Rights Reserved
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    of 4

    TAJUK

    DIFFERENCE BETWEEN CONTRACT FORM JKR 203A & PAM

    PWD 203A Standard Form of Contract (Ed.1983)


    This form of contract contain no expressed provision that allows the Contractor to
    suspend the works if his payment was unduly delayed or he is not getting his
    payment at all.
    In the PWD203A Form of Contract (2007), it is stipulated that the period for
    honouring the certificate is 30 days from the date of the issuance of the certificate.
    Clause 30.1 of the PAM Form of Contract (2006) stated that the period of honouring
    certificate is within 21 days after the issuance of the certificate. Any payment made
    later than the stipulated time frame can be considered as late or delayed payment

    PAM Form of Contract 1998


    There is no express provision that permits the Contractor to suspend his work when
    he is not paid or his payment was not forthcoming in due time after receiving the
    Interim Certificate. Clause 25(1) (ii) and Clause 23.4 state that the Contractor is to
    proceed regularly and diligently and he is to use his best endeavours to prevent
    delay. The clauses clearly demand the Contractor to show a good performance and
    continue with the work to prevent disruption to the progress of the project.

    PAM Form of Contract 2006


    But the new PAM 2006 contains provision that give the Contractor to suspend the
    progress of work if the Contractor is faced with problem of delayed or non payment
    by the Employer. It is clearly stated in clause 30.7. But it requires the Contractor to
    give a written a notice to Employer with reason to suspend the works until the
    Employer has paid the amount due to the Contractor

    THE DIFFERENCE BETWEEN JKR/PWD AND PAM CONTRACT


    JKR/PWD

    PAM

    - Standard form of contract for government and


    public sector project.

    - Standard form of contract for private sector


    and traditional general contract

    - JKR/PWD covered all building and engineering


    work.

    - PAM covered building work only.

    - Standard form for JKR/PWD are :


    I.
    203 (Rev 10/83) without quantities
    II.
    203A (Rev 10/83) with quantities
    III.
    203N (Rev 10/83) for NSC
    IV.
    203P (Rev 10/83) for nominated
    suppliers
    V.
    PWP Form DB/T (2000 Edn) For Design
    And Build Turnkey Contracts
    Miscellaneous :
    I.
    CIDB Form for building contracts 2000
    Edn
    II.
    Modified JKR/PWD Forms, eg LPK, MHA
    etc

    - PAM contract not covered


    I.
    Engineering construction contract (other
    than building
    II.
    Package deal / Turnkey
    III.
    Management type
    IV.
    Domestic subcontract
    V.
    Serial contract
    VI.
    Periodic /Term contract
    VII.
    Continuation control
    VIII.
    Other miscellaneous contract
    - Standard form for PAM :
    (Building Works)
    I.
    PAM 98 with quantities
    II.
    PAM 98 without quantities
    III.
    PAM NSC 98

    ISSUE OF
    ISSUES PERIOD OF
    INTERIM
    INTERIM
    CERTIFICATE CERTIFICATE
    OF SITE
    VALUATION

    PERIOD OF
    ISSUING
    HONOURING PERSON
    THE
    CERTIFICATE

    AMOUNT
    TO BE
    PAID

    CONTRACT
    FORM

    PWD
    203A

    One month
    [Clause 47(a)]

    14 days after
    site
    valuation
    [Clause 47 (b)]

    30 days from
    the
    date of the
    issuance
    of the Interim
    Certificate
    [Clause 47(d)]

    Superintending Value of
    Officer (S.O)
    Work
    Done +
    90%
    Material On
    Site

    PAM
    1998

    One Month
    [Clause 30.2)

    Upon the
    receipt of
    Contractors
    details
    and particulars
    [Clause 30.2]

    14 days from
    the date
    of the
    issuance of
    Interim
    Certificate
    [Clause 30.2]

    Architect

    Value of
    Work Done
    + 90%
    Material On
    Site

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