Project Management

First City University College

Faculty Design & Built Environment

Project Management

Name : Tan Yi Jynn

Student Id : B1370

Course : Diploma in Interior Design

Intake : May 2019

Module Leader : Ms Joanne

Module Tutor : Ms Norhayati Ibrahim

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

CONTENT

Chapter 1: Company’s Profile

1.1 About Us 6 1.2 Logo Analysis 7

1.3 Vision, Mission, Values 8 1.4 Company’s Information 9 1.5 Organisation Structure 10 1.6 Organisation chart 11 1.7 Our Expertise 12 1.8 Company’s Services 13

Chapter 2: Tender Documentation

2.1 Invitation to tender 16 2.2 Acceptance Letter 17 2.2 Instruction to tenderer 18 2.3 Tender form 19 2.4 Tender agreement 20 21

3:

Proposal

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

CONTENT

3.3.1 Branding Background & Introduction

3.3.2 Cooperate Branding

3.3.3 Marketing Structure

3.3.4 Range of Products

3.4 Design Direction

3.4.1 Project Aims & Objectives

3.4.2 Concept development

3.4.3 Concept Board

3.4.4 Configuration Spaces

3.4.5 Mood board

3.4.6 Email to Client

Chapter 4: Schematic Design

4.1 Sketch Model

4.1.1 Spatial planning phase 1 4.2 Development model 4.2.1 Spatial planning phase 2 4.2.2 3D perspectives 4.3 Memorandum to staff 4.4 Letter of Transmittal 4.5 Minutes Meeting 2 4 6 Revised Schedule

5:

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

CONTENT

5.2.1 Existing Layout Plan 5.2.2 Demolition Plan 5 2.3 New Structure Plan 5.2.4 Furniture Layout Plan 5.2.5 Section X-X 5 2.6 Section Y-Y 5 2.7 Elevation- A 5.2.8 Floor Finishes Plan 5 2.9 Wall Finishes Plan 5 2.10 M&E Layout Plan 5.2.11 Reflected Ceiling Plan – Lighting Plan 5.2.12 HVAC Plan 5 2.13 Fire Safety Plan 5.2.14 Ceiling Plan 5.2.15 Blow-up Plan 5 2.16 Blow-up Section 5 2.17 Blow-up Displays

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Chapter 1

About Us

First of all, introduction to company. Briefly describe about the background and company’s information. Also, included company goals, our expertise, organisation structure and company services.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

1.1 About US

SEE’s design studio is a design studio which is founded by our director, See Jia Wen. Our studio delivers creative interior design service by our unique service – SHOWROOM CAFÉ. We also deliver design solutions ranging from residential to office interiors.

Our services focus on 5 main areas: residential design, retails design, office design, interior decoration and as well as our unique services -SHOWROOM CAFÉ.

SHOWROOM CAFÉ is one of our company services provided for our customer to help them in making decisions for their project such as design styles, colour and material solutions.

Our principles are to provide 3s service, which is speedy, skilful, and special design services to customer. We strive to create quality interior design works and provide total solutions with our transformative skills and experience.

It is our belief, as an Interior Designer, to provide the best advice and services possible to our clients; Customer Satisfaction is a crucial part of our company philosophy and belief.

Our studio had achieve many awards whilst also accomplished client’s expected and our mission throughout a series of project

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

1.2 Logo Analysis

The logo “S” represents the name of the studio, which is “SEE’s”.

To show the services that our company provided.

SEE’s Design Studio

The background colour to show that the industrial rustic style is our expertise and the theme of our café.

Represent the connections or relationships between the showroom café and our main business - interior design.

The name of the SEE’s Design studio is come from the founder’s name, See Jia Wen. So, the logo is created with a huge ‘S’ letter in the centre while the house and coffee bean illustrations are to show the special services of our company, which is the showroom café and our main business – interior design.

The background behind the logo is to reflect the theme of our café and our expertise, which is the industrial rustic style. The small text below is to the service provided from our company.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

1.3 Vision, Mission & Values

SEE’S Design Studio facade

OUR VISION

To provide best design solution for customers who look for originality and unparalleled quality, through our continuous effort in our company’s unique service – SHOWROOM CAFÉ.

OUR MISSION

To provide clients with solutions that are aesthetically appealing and conductive with corporate image in mind to achieve highest customer satisfaction possible.

PHILOSOPHY

Get on your step to our showroom café, we inspire your styles!

OUR GOALS

-We help to define our client’s needs by proposing a SHOWROOM CAFÉ that contain different design styles with a streamline space planning and special designs solutions.

-We provide a café with nice vibes, good coffee and desserts for our client to have a nice meeting experience with our designers.

-We always provide strong after-sales services, and maintain a strong relationship with our clients.Systematic / Intelligent / Speedy / Timely. These are what our studio has for our customers. We will provide a quality work for our clients in a speedy time.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

1.4 Company Information

Address: 47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor.

Our company is located at a fast-growing city, Bandar Puchong Jaya. It is a standing out street that located at the Bandar Puchong Jaya, it is a double storey shop and surrounded by many facilities such as bank, restaurant, and hypermarket.

The shop lot located at this street is new, easy to find and having a high crowd flow. It is easy for us to attract customer enter our café and having teatime since the café is one of our extra’s outcome to continue our company’s operations. It is an ideal location for our company growth in a highly competitive environment since there are many competitors nearby.

Interior photos view office look

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

1.5 Organisation Structure

SEE’s Design Studio is a studio that focus on interior design under a sole proprietorship formation. It is an unincorporated business that has just one owner who pays personal income tax on profits earned from the business.

Strength of the sole proprietorship

The owner is in complete control and get all the benefits.

Applying creativity of the owner.

Weakness of the sole proprietorship

While reporting the taxes is easy with a sole proprietorship, the tax burden is normally higher than with some other business setups.

Opportunities of the sole proprietorship

A sole proprietorship is the simplest form of business establishment. It is the only prominent way to start a business without going through any significant legal hoops.

Threats of the sole proprietorship

The owner personal finances and business finance are in one and the same.

Solution for the Threat

Obtain Insurance

There is business liability insurance that can perfectly protect a sole proprietor from liabilities such as lawsuits that would derail the business and deplete personal assets. While it may be an expensive option, especially for small business owners, it can protect sole proprietors from many events that would be financially devastating to the business.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

1.7 Our Expertise

Residential Design

Home is arguably the most important building you inhabit. It is where you live your life. It is where you raise your children, your pets and your plants. It is the place of comfort you return to at the end of the day. It is a repository of memories and the generator of dreams.

Retails Design

Office Design

Great

Retail store design is a branch of marketing and considered part of the overall brand of the store. Retail store design factors into window displays, furnishings, lighting, flooring, music and store layout to create a brand or specific appeal.

office design goes beyond the physical, practical concerns and takes into account the psychological and emotional well-being of the people who will be using the space.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

1.7 Our Expertise

Interior Decorations

Interior decorating is the art of decorating a residential home or commercial business according to a client's personal preferences and style. It includes selecting colour schemes, flooring materials, furniture, artwork, and accessories. It transforms an area into an aesthetically pleasing and budgetfriendly design.

1.8 Company Services: Step-by-Step Procedures

A FRIENDLY CONVERSATION

Step 1 is a chat in store, virtually or in your home or in our showroom café, where we will get to know your tastes, initial ideas and lifestyle demands. If you are struggling and did not have a clear direction for your project, we will suggest you to have a visit to our showroom with us, it might help you in making the decisions.

PLAN & BUDGET

We help to plan the budget for all projects with our sincere advice and professionalism to give our client a peace of mind. With our expertise and total solutions, we ensure that our proposal always meets our client’s budget and expectation.

DESIGN & PLANNING

Based on close study and analysis of cultural behaviour, the total solution and design delivered will reflect the client’s the future business perspective. We develop the layout plan tailored to their occupancy plan and by implementing the right design concept to ensure the outcomes blend in with the corporate identity.In depth discussion on concept including theme, material, decoration, colour scheme, area function, layout, etc.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Max: 3-4 discussion meeting not more than 4 hours per meeting.

MATERIAL & DESIGN DETAILING

After design phase, we will choose and propose carefully the right colour and material for our client. Detailing will be prepared by design team before goods are constructed to ensure that the outcome is per client’s requirement, bearing in mind ergonomic design and practicality as key considerations. Remarks: Only 2 revision of this drawing is allowed.

WORK SCHEDULE FORMATION

Before works are carried out on-site, work schedule will be formulated by our project team. This is to ensure that all works can be executed to meet the timeline so that the client will be able to move in on time. We have always been able to meet our client’s time frame thus far, by charging our project team to supervise the sites.

AFTER SALES SERVICES

After sales services is very important for all projects. Minor alterations or addition of few workstations is not an issue for SEE’s. Our clients can put their mind at ease as they are assured of continuous service and support; customer satisfaction is not just lip service but guaranteed.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Invitation to tender

Chapter 2

SEE’s Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

2.1 Invitation to Tender

Yamaha Music (M) Sdn Bhd No.8, Jalan Perbandaran, Ss 6, 47301 Petaling Jaya, Selangor.

10th May 2021

Re: Invitation To Tender For Interior Design Consultancy Services For Yamaha Music Retail Store At 1 Utama Shopping Centre (Old Wing).

To SEE’S Design Studio,

You are invited to tender for interior design consultancy services for Yamaha Music retail store at Lot G130,G130A& F133A, 1 Utama Shopping Centre (Old Wing), Petaling Jaya, Selangor.

On the basis of information submitted in your application, you would appear eligible for application of the domestic tenderer price preference in tender evaluation, Eligibility is subject to confirmation of tender evaluation. We are inviting you and the other re-qualified applicants to submit a sealed tender for the execution and completion of the cited contract.

You may obtain further information and inspect and acquire the tender documents by contracting via phone 03-78030900 or via email at rvice@yamahamusic. All the tender must be accompanied by a security in the form and amount specified in the tendering documents and must be delivered to SEE’S Design Studio on or before 1st JULY 2021. The tender will be opened immediately thereafter in the presence of tender representatives who choose to attend.

Please confirm the receipt of this letter immediately by fax or tel. If you do not intend to join the tender, we would appreciate you to write your earliest opportunity too.

Best regards, MS

JYNN

Head of Manager Director of Yamaha Music (M) Sdn Bhd

SEE’s Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

2.2 Acceptance Letter

Yamaha Music (M) Sdn Bhd No.8, Jalan Perbandaran, Ss 6, 47301 Petaling Jaya, Selangor.

12th May 2021

Re:

To Ms. JYNN,

We are pleased to inform you that we have chosen to accept your tender dated 14" MAY 2021 to perform Interior Design Consultancy Services at our facility. You may contact us at 03-77100110 or email us via see’s design studio@yahoo.com.

We look forward to hear you.

Sincerely,

SEE JIA WEN

Director of SEE’s Design Studio

Acceptance The Invitation To Tender For Interior Design Consultancy Services For Yamaha Music Retail Store At 1 Utama Shopping Centre (Old Wing).

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

2.3 Tender Form

Contact Number: 03-77100110

Project: Retail Design

Tender Of: SEE’s Design Studio

•

(See Jia Wen)

• A corporation organized under the laws of the State of Puchong

• A Partnership, with the following individuals as partners:

• A Limited Liability Company with the following member as General Manager:

• A Sole proprietor.

Present Tender to: Yamaha Music (M) Sdn Bhd

At: One Utama Shopping Mall (Old Wing) Ground Floor Lot G130, G130A, F133A

City Centre, 1, Lebuh Bandar Utama, Bandar Utama, 47800 Petaling Jaya, Selangor.

Ground Floor Lot G309 & G309a The Undersigned acknowledges receipt and review of the Project Documents, consisting of 31 pages of drawings and 151 pages of written specifications, and addenda and hereby proposes to furnish all materials, labor, and No. through , miscellany necessary to provide and install the furniture and furnishings as specified in the aforementioned documents.

The Undersigned further agrees to hold his/her tender open for thirty (30) days after the receipt of tender. Should the tender be awarded the contract, he/she shall furnish a Performance Bond and a Labor and Materials Payment Bond in accordance with the General Conditions of the tender, to the owner within ten (10) days after award of tender.

No substitutions or exclusions to what was specified shall be allowed. Any tender not tender on all items as specified shall be disqualified.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

The undersigned agrees to supply and perform, in accordance with the specifications, all of the materials, labour, and miscellany as specified for:

Two hundred thousand Ringgit (RM 200,000 )

The tender Bond and all other required documentation is attached by the undersigned tender.

It is understood that the owner reserves the right to reject any or all tenders, to withhold the award of tender for any reason, and reserves the right to hold all tender s for thirty (30) days after the date of opening.

Date of Tender: 14 May 2021

Name of Tender: See Jia Wen

Address of Tender: 47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor.

Authorized Officer: Ms. Jynn

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

2.4 Instruction to Tender

ARTICLE 1-Defined Terms

1. Terms used in terms instructions to Bidders, which are defined in the Standard General Conditions of the construction Contract, have the meanings assigned to them in the General Conditions.

(a) Bidder: The individual or entity who submits a Bid directly to Owner.

(b) Issuing Office: The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

(c) Successful Bidder: The lowest responsible Bidder submitting a responsive Bid to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an award.

(d) Bidding Documents: includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).

ARTCLE 2-Copies of Bidding Documents

1. Complete sets of the Bidding Documents in the number and for the sum stated in the advertisement or invitation to Bid may be olained from Engineer. The sum for the Project Documents is not refundable.

2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use.

ARTCLE 3-Qualifications of Bidders

1. To demonstrate Bidder's qualifications to perform the Work, Bidder must submit with his Bid a completed Bidder Qualification Statement.

2. If additional information is necessary to demonstrate qualifications to perform the Work, within five (5) days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments and such other data as may be reasonably requested.

3. Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications.

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

ARTICLE 4-Examination of Contract Documents and Site

1. It is the responsibility of each Bidder before submitting a Bid to do the following:

(a) Examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents;

(b) Visit the site to become familiar with local conditions that may affect cost, progress, performance of furnishing of the work.

(c) Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

(d) Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents

(e) Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

(f) Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; Study and carefully correlate Bidder's observations with the Contract Documents.

(g) Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

(h) Notify Engineer of all conflicts, errors or discrepancies in the Contract Documents.

2. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others and Owner does not assume responsibility for the accuracy of completeness thereof unless it is expressly provided otherwise in the supplementary condition.

3. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. The Bidder shall be responsible for the expenses associated with such tests and explorations.

4. The lands upon which the work is to be performed, rights-of-way and casements for access thereto and other lands designated for use by Contractor in performing the work arc identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment arc to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

5. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has compiled with every requirements of this Article, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means,

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work.

ARTICLE 5-Interpretations and Addenda

1. All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date. for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effects.

2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 6-Bid Guaranty

All Bids shall be accompanied by a bid guaranty in an amount of not less than five percent (5%) of the total Bid. If the total Bid amount is RM 100,000 or less, Bidder has the option of providing a cashier's or certified check, made payable to Space Edge, or a bid bond with Power of Attorney attached, issued by a solvent surety authorized under laws of Malaysia and acceptable to Owner. If the total Bid amount exceeds RM 100,000, the only acceptable bid guaranty will be Bid Bond with Power of Attorney attached, issued by a solvent surety authorized under Laws of Malaysia and acceptable to Owner. Bid guaranty accompanying the Bid of the apparent low Bidder will be retained until Contract is awarded and successful Bidder executes Contract and furnishes required bond and insurance, after which Bid guaranty will be returned to the Bidder. Bid guaranty accompanying the second lowest Bidder will be retained until Contract is awarded. All other Bid guaranties will be returned after Bid certification.

ARTICLE 7-Performance and Payment Bonds

When performance and or payment bonds are required, each shall be issued in an amount equal to the Contract Amount as security for the faithful performance and or payment of all Contractor's obligations under the Contract Documents. Performance and payment bonds shall be issued by solvent company authorized to do business in the State of Texas and shall meet any other requirements established by Law or by Owner pursuant to applicable Law.

Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

ARTICLE 8-Contract Time

The number of days within which, or the dates by which, the work is to be completed and read for final payment (The Contract Time) are set forth in the agreement.

ARTICLE 9-Submission of Bid

Each Bid, completed and signed by person(s) authorized to bind individual, partnership, firm, corporation, or any other legal entity, shall include the following in one envelope furnished by Owner;

(a) One copy of Bid form (Section 0300) completed and signed.

(b) Acknowledge of receipt of Addenda issued in spaces provided in Bid for

(c) Required bid guaranty

(d) Copy of Articles of Partnership or Incorporation and resolution, or corporate hoard minutes empowering signatory to bind bidder, attested by an officer of bidder

(e) One copy of Insurance. Completed and signed

(f) Required information indicated in drawings or project manual. Bid shall include all specified items in this section and be placed in envelopes furnished by Owner, sealed, and clearly identified on outside as a Bid to Owner, with bidder's name and address, and project name. Failure to submit Bid in these envelopes may subject bidder to disqualification. Bid may be mailed or delivered (in person or by Federal Express, Express Mail or other delivery service) to;

Client: (Name)

Location:

When sent by email, Federal Express, Express Mail, or other delivery service, sealed Bid (marked as indicated above) shall be enclosed in an additional envelope clearly identified on outside as a Bid to Owner with bidder's name and address, project name, and Bid date and time. It is the sole responsibility of the Bidder to ensure timely delivery of Bid. Owner will not responsible for failure of service on the part of the post Office, courier services, or any other form of delivery service chosen by the Bidder.

ARTICLE 10- Modification and Withdrawal of Bids

1. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

2. If within twenty-four hours after Bids are opened, and Bidder files a duty more and written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there

Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents.

ARTICLE 11-Opening of Bids

Bids will be opened at the time and place indicated in the advertisement or invitation to bid. An abstract of the amounts of the Bids will be made available to Bidders after the opening of Bids.

ARTICLES 12-Bids to Remain Subject to Acceptance

All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. Thirty (30) day extensions of the date for the award may be made by the mutual consent of Owner and the lowest responsible and responsive Bidder

ARTICLE 13-Award of Contract

1. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Authority to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

2. More than one Bid for the same Contract from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Contract may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

3. In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted.

4. Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

ARTICLE 14-Contract Security

1. A Bid must be accompanied by Bid security made payable to Owner in an amount of ten percent (10%) of Bidder’s total Bid price and in the form of a certified check, bank money order or a Bid Bond (on the form in Project Manual or equivalent) issued by a surety.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

2. Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 15-Signing of Agreement

When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement to Owner with the required Bonds and insurance certificate(s). Owner shall deliver one fully signed counterpart to Successful Bidder within sixty (60) days of the date of the Notice of Award.

ARTICLE 16-Sales Tax

Owner is exempt from Pennsylvania state sales and use taxes on certain materials and equipment. Contractor will be provided with a copy of Owner's tax exempt certificate. Said taxes shall not be included in the Bid.

ARTICLE 17-Laws and Regulations

The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and rules and regulations of all authorities having jurisdiction over the work to be performed and services to be provided will apply to the Contract throughout and they will be deemed to be included in the Contract the same as if herein written out in full.

ARTICLE 18- Minimum Wages

The wages paid for labour on this work shall not be less than set forth by the Malaysia Department of Labour.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Chapter 3

DESIGN PROPOSAL

During this stage, understanding the project introduction, then preparing for project specification form and planning for project life cycle and work programme Investigate on the chosen site and complete an analyse of pros. and cons. of chosen site. Besides, research the selected client profile with analysing the background, products, cooperate branding, marketing structure and existing retail analysis. Proposing the building programme with project aims & objectives Considering the concept for particular client/brand and its overall design through sketches & models, showing overall forms, preliminary drawings, color scheme, materials & finishes.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.1 Project Introduction

3.1.1

Briefing & Introduction to Retail Design

INTERIOR DESIGN V | RETAIL DESIGN

The task for this project is to RETAIL DESIGN either in trading goods, services or food & products. This project consists of two parts in which you will be proposing your design based on a researched and selected theme; and the realization of detail design.

The theme will be at the centre of your design and be your reference point in designing the layout, spatial character, furniture and furnishings, lighting policies, display policy – all to create complete immersive environment.

You will be introduced to the fundamentals of retail and leisure & entertainment design through weekly lectures, site visits or exhibition visits. Project development will take place through scheduled activities, group and individual tutorials, peer reviews, studio days, interim reviews and through independent study.

Also, you are encouraged to plan out your design and proposal to in suite of the local cultural context and also the Covid‐19 impact towards the ‘new normal’ shopping experience with the consideration of social distancing, circulation or coming up with a better retail solution within the chosen space.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.1.4 Specification Form

Project Information

Date of Contact: 17 May 2021

Project: Musical Instrument Retail Design Appointment date: 24 May 2021 Project Manager: Tan Li Ting

Client: Yamaha Music (Malaysia) Sdn. Bhd.

Project location: 1 Utama Shopping Centre. Lot G130, G130a, F133a

Address: No.8, Jalan Perbandaran, Ss 6, 47301 Petaling Jaya, Selangor.

Address: City Centre, 1, Lebuh Bandar Utama, Bandar Utama, 47800 Petaling Jaya, Selangor

Contact: 03-77108118 Fax: 03-78030611

Type of Construction: Renovation Size of the Project: 4647 sqft

Type of Services the Firm Provided: Design Consultation, Schematic design, Construction, Decoration & procurement

Size of the Fee: RM 200,000

Charging Method: Instalment

Design Accomplishment Retailing for musical instrument

Profit of the Project: RM10,000

Percentage of Profit on the Total Project: 5% Source of Job: University College project

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.2 Site Analysis

3.2.1 Analysis of Site

The location of 1 Utama Shopping Centre is City Centre, 1, Lebuh Bandar Utama, Bandar Utama, 47800 Petaling Jaya, Selangor.

Strength

Landmark in Bandar Utama.

The largest shopping complex in Malaysia.

Strategic location since the neighbourhood is surrounded by residential and commercial building

Weakness

High traffic flow

Crowd especially during festivals since it is only the one shopping centre in Bandar Utama.

Least attractive façade, the façade design of the entrance is quite typical and minimal

Traffic flow

Human flow

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.2 Site Analysis

Opportunities

Market demand of this location. Attract different population of people. Convenience in Transportation.

Attract many people from different age group, class and occupation due to school, office building, MRT station is all around

Threats

Noise pollution caused by high traffic.

Risk of infection COVID-19 increase due to crowd

Poor first impression caused by the least attractive façade at old wing.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.2 Site Analysis

3.2.2 Analysis of Chosen Lot

The proposed side is Lot G130, G130A & F133A, two floors with void & staircase. Besides, I will need to design for the façade since one of the sides is faced to exterior. Besides, also need to consider the side beside the corridor to let the people look through the interior of block the view. From the layout plan There is two entrances internal mall & facade exterior. The total area is 4647ft².

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Strength

The chosen lot is next to the entrance which located at old wing. The Old Wing of 1 Utama has the usual retail suspects with a mixture of high-end brands such as Guess, Bershka, Nike, Uniqlo and local brands like Poh Kong, Romp, Sasa, Tomei and others

Weakness

Sensory factor such as noise pollution from highway traffic. Food smell due to the restaurant nearby.

Many competitors in each of categories business

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.3 Client Profile

3.3.1 Branding Background & Introduction

Background

Yamaha began in Japan by its founder, Torakusu Yamaha in 1877. Since then, Yamaha has continued to produce high-quality products by blending traditional craftsmanship with advanced digital technology. The quality of sound produced by a Yamaha musical instrument reflects the long years of accumulated technical expertise and the skilled craftsmanship of the Company.

Branding Promise

"MAKE WAVES“ is the new mantra within Yamaha. A hearttrembling moment lives in sound and music, through playing or simply listening. To inspire peoples’ passion and help them make a step forward to express their individuality, emotion and creativity. Yamaha is committed to empower people to “Make Waves” with their sound and music

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.3 Client Profile

3.3.4 Marketing Structure

Yamaha is the world's most popular musical instrument manufacturer For more than 50 years Yamaha has been developing teaching courses for lessons at music schools for young and old alike. These teaching programmes are operated worldwide in the Yamaha Music Schools

Target Market

Every child, woman and man have an innate musical ability. This latent potential can be developed and nurtured for healthier and more enriching lifestyles. Research shows that a good music education stimulates creativity, builds confidence and enhances a child's all-round development. As adults they enjoy enhanced social recognition because of their ability to listen, read, play and express their feelings through music.

Advertisement

Throughout these videos & advertisements, in order to inspire peoples’ passion and encourage them to express their individuality, emotion and creativity. Besides, “Make Waves” concept focuses on our passions and what matters most to people, namely, expressing themselves and making an impact, to progress personally as a listener and player, and to come together with others.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.3.5

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SILENT™

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.3 Client Profile

Euphoniums

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.4 Design Direction

Aims & Objectives：

To propose a retail store only for the musical instrument will be potential. A visit to the concept store allows one to see, hear, try and experience Yamaha products with well-trained support staff who will guide you to choose the appropriate instrument. The stores offer access to Pianos, Digital Pianos, Keyboards, Acoustic & Electric Guitars, Drums, Wind Instruments & Music Production Equipment to one and all - from beginners to professionals.

New Space Programming：

Create a retail store integrated with a design that suits and belongs to the musical instrument. Establish an environment that full of the spirit and aura of music. Welcoming everyone immerse in the world of music and feel the beauty of the music world. Design a concept store to overcome the constraint which lack of design vocabulary and consistency, spatially cluttered, and little point of difference to any other music retailer.

Design for facade and the interior space for different display method of products. Ensure circulation, activities and the required space is our priority. To overcome the existing problem listed out in the analysis.

Proposed Special Services:

In addition, the special service provided is really interested by the respondents from the online survey. The workshop provided for them demonstrate musical instrument and learning some technique. Besides, the workshop can be combined as a space for recital. We can invite some famous musician performance at our workshop. Also, it can be rent out as the workshop for someone play with musical instruments. As the result, the workshop will boost the overall services of retail.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.4.2 Concept Development

Concept 1 - Collaboration

Idea derived from an orchestra is a large instrumental ensemble typical of classical music, which combines instruments from different families, including bowed string instruments, keyboard instrument, woodwinds, brass instruments, percussion instruments each grouped in sections (refer figure 1) Each of the instrumentalist is essential. No one can play an orchestra solo. It is combination of different families and performance. Visualise the combination of different families of musical instruments with categorise them into groups. (Refer figure 2) Every circle attach together since collaboration means everyone is working together (refer figure 3). To show the interaction. Utilize the movement to create the guideline that show the circle is attached. To show layering like the orchestra performed surrounded each other (refer figure 4)

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Concept 2 – Make Waves

“Make Waves” is the new mantra of Yamaha. Yamaha is committed to empower people to “Make Waves” with their sound and music (refer Figure 6) . To inspire peoples’ passion and help them make a step forward to express their individuality, emotion and creativity. Everyone will create their own rhythm (refer figure 7). Develop into model on focussing the different amplitude & frequency (refer Figure 8). As to make yourself heard, the continuous lines create movement which like wave effect let people immerse in the rhythm (refer Figure 9).

Figure 6 : Concept 2 sketches 1

Figure 7 : Concept 2 sketches 2

Figure 8 : Concept 2 sketches 3

Figure 9 : Concept model 2

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.4.3 Concept Board

Selected Concept

The selected concept is collaboration to make waves. The idea is derived from the grand event of Yamaha which is orchestra. Yamaha Wind Orchestra brings together performance and professional development. This allowed these wonderful educators to learn during the process whilst experiencing the satisfaction and engagement of playing in a professional level ensemble.

Combination with the brand promise of Yamaha. Yamaha is committed to empower people to “Make Waves” with their sound and music. Yamaha wants to inspire people's passion and help them make a step forward to express their individuality, emotion and creativity.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.4.4 Configuration Spaces

Bubble Diagram

Display window must near to entrance for visibility enhancement. Display area of premium & grand piano should be located at eye-catching space and stand alone to show its luxury and valuable. Upright piano can be organise neatly against the wall since the back of the upright piano didn’t have any cover of finishing just exposed. Keyboard instrument will be recommended to place beside the piano section. The strings display area will categorise the product into violin and viola. Counter Located at ground floor and at the centre to ease for consultation. A store room may required for storage some products, packaging and so on. Brass & Woodwinds, Drum display area and guitar & basses can located at first floor

Workshop Recital

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.4.5 Mood Board

3.6.1 Mood board

Reflect to brand identity by using the violet pares with dark grey to create an impression of luxury throughout the interior space. To bring out the feeling of being inside the orchestra and immerse in the rhythm of music. Violet is the colour of imagination and spirituality. In terms of color, violet represents the future, imagination, dreams. It promotes harmony of emotions that contribute to mental equilibrium and stability and balance of the mind.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.4.6 Email to Client

From: Tan Li Ting (Project Manager)

Date: 17/07/2021

Subject: 3D Visuals of Yamaha Music Retail @

Location @ One Utama Old Wing Ground floor Lot G309 & G309a

Hello Miss Jynn,

The PDF file that attached below are a complete set of 3d visuals of the project retail design for Yamaha Music at One Utama OLd Wing (Ground floor Lot G130, G130A, F133A). The visuals will have included the façade design for the exterior and interior of the retail design.

For any enquire, you can contact us via email by this week. Your attentive feedback and alternative suggestions would be kindly appreciated.

Best Regards, Tan Li Ting Project Manager of SEE’s Design Studio

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Chapter 4

SCHEMATIC DESIGN

During this stage, further develop the form into the spaces. Considering the spatial planning and then prepare for furniture layout plan sketches. After that, continue proceed with development model, furniture layout plan, and 3D perspectives. Then, negotiation with client with preparing the letter of transmittal and record in minutes meeting.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

4.1 Sketch Model

Sketch Model 1 – Ground Floor

From the concept proposed, the form apply into the space with different musical instruments display area. Then, control the form to be more continuous to show the collaboration. There are 2 entrances in the retail store. One is from the interior of shopping centre whilst another is entry from exterior shopping centre. The layout in ground floor majority as the display area for piano. The premium pianos stand individually at the showcase area. While the upright piano display against the feature wall. The store located behind the counter as the bring the counter front to make sure the visibility of view in retail store. The counter is at the middle of the retail to ease for consultation. The violin display area will surround the staircase

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

4.1 Sketch Model

Sketch Model – 1st Floor

The first floor can access from the entrance at first floor and entrances at ground floor then access first floor via staircase. The first floor will be the display area for percussion instrument, woodwind instrument and guitar and basses.

Considering the display area the first floor that facing the exterior to increase the possibility market presence and as a platform to advertise and promote our brand.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

4.1 Sketch Model

4.1.1 Zoning

Ground floor consist of piano, keyboard and violin display area. First floor mainly consist of drum, percussion and marching instrument which produce sound via vibration.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.2.2 Development Model

Carry out different display method and look detail on the construction of the shelves, staircase and etc. Considering the ceiling design and trying to minimize the negative space. Besides, trying to apply material which suite to proposed mood board. Considering with the advertisement display method.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

4.2.1 3D Perspectives

This is the mall entrance of ground floor. It is the display area of piano. The premium piano and grand piano have their own individual display area to show their own value and quality. While the upright piano is arranged against the wall in order to block the view from behind it because the backward of the upright piano is exposed with no any finished.

This is the viola display area after the piano display area. The viola display with the stand on the platform. In front it is the counter with dropped ceiling. The ceiling structure will connected to the ground and perform a space for keyboard display area.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

4.2.1 3D Perspectives

This is the display area of the violin. The violin is display inside the built-in curve partition. The lighting fitting used is the LED strip to light up the violin. Infront it is the staircase that can access to first floor.

This is the basses display are which is located at first floor of the retail store and placed beside the staircase. The display method of the basses is hang on the panel with the guitar hanger hook. The appearance of the panel is straight from the reinforced concrete floor then curve part attached to the ceiling. It is look like the letter ‘J’ in inverse and the panel is arranged in layering. It is to show the concept of orchestra which is make the space look covered and surrounded by the different group of the musical instrument just like how they arranged their seat in orchestra.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

4.2.1 3D Perspectives

This is the guitar display area which is located at first floor in front the recital. The structure can be divide into two part which are bottom part and upper part. One is from the reinforced concrete floor, there is a platform to display the guitar with stand and comes together with the seating area at sides to provide a space for them to experience the guitar. While the guitar at upper part as the showcase purpose. The lighting system used is LED downlight to light up the musical instrument and the LED light strip installed below the seating area.

This is the recital space. It is also acts as the workshop or studio for people to demonstrate musical instrument and learning some technique. Also, sometimes will invite some composer for teaching some technique or recital. All of them believe the workshop will boost the overall services of retail. The space can be divide into 3 individual space by the folding glass door to achieve maximum function of the workshop to play different musical instrument one time in the workshop.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

4.2.1 3D Perspectives

This is the brass & woodwind display area which is located at first floor near to the mall entrance. It is constructed by the tempered glass and each of the panel have different curve to show the waves movement. The display method of the musical instrument is display them on the shelves and use the stand to fix the position of the. The lighting system used are the LED spotlight direct light on to the musical instrument from the ceiling and the LED mounted with aluminium glazing channels.

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Memorandum to staff

To: Members under Yamaha Music retail store

From: Tan Li Ting (Project Manager)

Date: 20/07/2021

Subject:

3D Visuals & Technical Drawing of Yamaha Music Retail

Hello all of the members,

The PDF file that attached below are a complete set of 3d visuals of the project retail design for Yamaha Music at One Utama Old Wing (Ground floor Lot G130, G130A, F133A). The visuals will have included the façade design for the exterior and interior of the retail design.

Discuss the different idea for the office design and some idea to develop the design. Then, produce final technical drawing for the client such like, furniture layout plan, elevation, section and some 3D perspective view.

For any enquire, you can contact us via email by this week. Your attentive feedback and alternative suggestions would be kindly appreciated.

Sincerely, Tan Li Ting

Project Manager of SEE’s Design Studio

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

REMARKS

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

4.5 Meeting Minute 2

Project Title Musical Instrument Retail Design

Site Location 1 Utama Shopping Centre

Date of Meeting 13/06/2021

Time 1000 - 1330

Location Microsoft Team Online Meeting

Client Yamaha Music (Malaysia) Sdn Bhd

Person Responsible Tan Yi Jynn

OBJECTIVES

Identify the design development with the client

DISCUSSION

Discuss different design development to the client, show the element and overall design look like, Provide the furniture layout plan to the client and discuss the materials and element that will be used in the space.

CONCLUSION

Discuss the interior space design with the client and need to provide 3D perspective view. Prepare another furniture layout plan for the client.

ACTION ITEM

Produce the Furniture Layout Plan

Produce a concept board for the client

Produce proposal for the client

PERSON RESPONSIBLE DEADLINE

See Jia Wen 11/06/2021

See Jia Wen 11/06/2021

See Jia Wen 11/06/2021

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Construction Drawing

Chapter 5

3.6.2

3.6.2

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

3.6.3

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

List of Flooring Selections

No. Material

Description Area applied 1 Polished concrete floor Floor

2

3.6.4

List of Lighting Selection

No. Material

1

2

Atra floor Grey Terrazzo Vinyl Flooring

Piano Display Area

Description Area applied

Brand: GYD Lighting Name: LED circular recessed light Size: 3” diameter Finishing: White Matte Light colour: Neutral white Selected reason: Creates modern ambient lighting and size is just nice to not feel too “chunky”

Brand: GYD Lighting Name: Track light with 2 cylinder spotlights Size: 6’ length Finishing: Black Matte

Floor(1st floor

Piano Display Area

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Light colour: Neutral white Selected reason: Creates a modern style.

Brand: GYD Lighting Name: LED light Strip

DRAWING LIST

NO. DRAWING NO DESCRIPTION

EXISTING DRAWINGS

PAGE NUMBER

1 DIDDS307/ELP/01

EXISTING LAYOUT PLAN – GROUND FLOOR 62 2 DIDDS307/ELP/02 EXISTING LAYOUT PLAN - FIRST FLOOR 63 3 DIDDS307/ES/01 EXISTING SECTION 64 4 DIDDS307/EE/01 EXISTING ELEVATION A-FAÇADE DESIGN 65 5 DIDDS307/EE/02 EXISTING ELEVATION B-FAÇADE DESIGN 66 6 DIDDS307/DP/01 DEMOLITION PLAN - GROUND FLOOR 67 7 DIDDS307/DP/01 DEMOLITION PLAN - FIRST FLOOR 68

DESIGN DRAWINGS

NEW STRUCTURE PLAN - GROUND FLOOR 69 9 DIDDS307/NSP/02 NEW STRUCTURE PLAN - FIRST FLOOR 70 10 DIDDS307/FLP/01

8 DIDDS307/NSP/01

FURNITURE LAYOUT PLAN - GROUND FLOOR 71 11 DIDDS307/FLP/02 FURNITURE LAYOUT PLAN - FIRST FLOOR 72 12 DIDDS307/SEC/01 SECTION X-X 73 13 DIDOS307/SEC/02 SECTION Y-Y 74 14 DIDDS307/ELE/01 ELEVATION A-FAÇADE DESIGN 75 15 DIDDS307/ELE/02 ELEVATION B-FAÇADE DESIGN 76 16 DIDDS307/FFP/01 FLOOR FINISH PLAN - GROUND FLOOR 77 17 DIDDS307/FFP/02 FLOOR FINISH PLAN - FIRST FLOOR 78 16 DIDDS307/WFP/01 WALL FINISH PLAN - GROUND FLOOR 79 17 DIDDS307/WFP/02 WALL FINISH PLAN - FIRST FLOOR 80 18 DIDDS307/M&EP/01 MECHANICAL & ELECTRICAL PLAN - GROUND FLOOR 81 19 DIDDS307/M&EP/02 MECHANICAL & ELECTRICAL PLAN - FIRST FLOOR 82 20 DIDDS307/RCP/01 REFLECTED CEILING PLAN - GROUND FLOOR 83 21 DIDD5307/RCP/02 REFLECTED CEILING PLAN - FIRST FLOOR 84 22 DIDD5307/HVAC/01 REFLECTED HVAC PLAN - GROUND FLOOR 85 23 DIDD5307/HVAC/02 REFLECTED HVAC PLAN - FIRST FLOOR 86 24 DIDDS307/WSP/01 WATER SPRINKLE PLAN - GROUND FLOOR 87 25 DIDDS307/WSP/02 WATER SPRINKLE PLAN - FIRST FLOOR 88 26 DIDDS307/FSP/01 FIRE SAFETY PLAN - GROUND FLOOR 89 27 DIDDS307/FSP/02 FIRE SAFETY PLAN - FIRST FLOOR 90

DETAIL DRAWINGS

SELECTED BLOW UP PLAN 91 29 DIDOS307/SBS/01 SELECTED BLOW UP SECTION R-R 92 30 DIDDS307/SBD/01

28 DIDDS307/SBP/01

SELECTED BLOW UP DETAIL R1 & R2 93 31 DIDDS307/DD1/01 DISPLAY DETAIL 1 – BRASS & WOODWIND DISPLAY AREA (PLAN & ELEVATION) 94 32 DIDDS307/DD1/02 DISPLAY DETAIL 1 – BRASS & WOODWIND DISPLAY AREA (SECTION & BLOW UP DETAIL) 95 33 DIDDS307/DD2/01

DISPLAY DETAIL 2 – GUITAR DISPLAY AREA (PLAN & ELEVATION) 96 34 DIDDS307/DD2/02 DISPLAY DETAIL 2 – GUITAR DISPLAY AREA (SECTION & BLOW UP DETAIL) 97 35 DIDDS307/DD3/01 DISPLAY DETAIL 3 – BASSES DISPLAY AREA (PLAN & ELEVATION) 98 36 DIDDS307/DD3/02 DISPLAY DETAIL 3 – BASSES DISPLAY AREA (SECTION & BLOW UP DETAIL) 99

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

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Tender Bond

Block B-1-05 Plaza Arkadia, Jalan Resident 3, Desa Parkcity, 52200 Kuala Lumpur, Federal Territory of Kuala Lumpur.

Name: Yamaha Music(M) Sdn Bhd Date: 11/7/2021

Dear Sir Miss, M/s

Having its Registered / Head Office at (Hereinafter called the "Tenderer") wish to participate in the said tender for valid for months from the date of tender opening is required to be submitted by the Tenderer as a condition precedent for participation in the said tender which amount is liable to be forfeited on the happening of any contingencies mentioned in the Tender Documents. We the Bank at Having our Head Office at Guarantee and under to pay immediately on demand by PFC Consulting Ltd, the amount. (In Figures & Words) without any reservation, protest, demur, and recourse. Any such demand made by said Owner shall be conclusive and binding on us irrespective of any dispute or difference raised by the Bidder. This guarantee shall be irrevocable and shall remain valid up to . extension of this guarantee is required, the same shall be extended to such required period (not exceeding one year) on receiving instructions from M/s behalf the guarantee is issued. In witness whereof the Bank, through its authorized officer has set its hand stamped on this 25 JUNE 2021.

Sincerely,

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6.1 PAM Contract

Articles Of Agreement

This Agreement is made on the Lawyer Department Office day of 17 August 20 21 between of (or whose registered office or business address is situated at) (hereinafter called 'the Employer') and of (or whose registered office or business address is situated at) . (hereinafter called 'the Contractor'). Whereas The Employer is desirous of(*) (hereinafter called 'the Works') at and has caused drawings and Contract Bills showing and describing the work to be done to be prepared by his Architect and Consultant.

And Whereas the Contractor has supplied the Employer with a fully priced copy of the said Contract Bills.

And Whereas the said drawings numbered inclusive (hereinafter referred to as 'the Contract Drawings') and the Contract Bills have been signed by or on behalf of the parties hereto.

(*) Briefdescription ofthe Works.

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Now it is hereby agreed as follows:

Article 1

For the consideration hereinafter mentioned the Contractor will upon and subject to the Contract carry out and complete the Works shown upon and described by or referred to in the Contract.

Article 2

The Employer will pay the Contractor the sum of Ringgit Malaysia: (RM ) (hereinafter referred to as 'the Contract Sum') or such other sum as shall become payable hereunder at the times and in the manner specified in the Contract.

Article

3

The term 'the Architect' in the Contract shall mean of or in the event of such Person ceasing to be the Architect for the purpose of the Contract, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom. No Architect so appointed shall be entitled to disregard or overrule any certificate or opinion or decision or approval or instruction given by the preceding Architect.

Article

4

The term 'the Engineer' in the Contract shall mean: (a) Structural & Civil Engineer: of (b) Mechanical & Electrical Engineer: of

Contractor's Obligations

Contract Sum

Architect Engineer

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Or in the event of such Person ceasing to be the Engineer for the purpose of the Contract, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom. The Engineer shall perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority of the Architect to the Engineer as the Architect deems fit.

Article 5

The term 'the Quantity Surveyor' in the Contract shall mean

Of or in the event of such Person ceasing to be the Quantity Surveyor for the purpose of the Contract, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom. The Quantity Surveyor shall perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority of the Architect to the Quantity Surveyor as the Architect deems fit.

Article 6

The term 'the Specialist Consultant' in the Contract shall mean: (a) Of (b) of (c) Of or in the event of such Person ceasing to be the Specialist Consultant for the purpose of the Contract, such other Person as the Employer shall appoint within twenty eight (28) Days therefrom. The Specialist Consultant shall perform the duties expected of his profession, and the Architect may from time to time delegate such duties and authority of the Architect to the Specialist Consultant as the Architect deems fit

Quantity Surveyor Specialist Consultant

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Article 7

In the Contract Documents as hereafter defined, the following words and expressions Shall have the meanings hereby assigned to them, except where the context otherwise requires:

(a) Appendix means the Appendix to the Conditions of the Contract;

(b) Appropriate Authority means any statutory authority having jurisdiction over the Works;

(c) Architect means the Person named in Article 3 and shall be a Professional Architect or any other form of practice registered under the Architects Act 1967 and approved by the Board of Architects, Malaysia;

(d) Architect's Instruction or Al as described in Clause 2.2;

(e) As-built Drawings means as-built drawings for works designed (including altemative design) by the Contractor and/or Nominated Sub-Contmctor and any other as-built drawings required to be provided as specified in the Contract Documents;

Certificate of Extension of Time means the certificate issued under Clause 23.4;

(g) Certificate of Making Good Defects means the certificate issued under Clause 15.6;

(h) Certificate of Non-Completion means the certificate issued under Clause 22.1 ;

Certificate of Partial Completion means the certificate issued under Clause 16.1;

Certificate of Practical Completion means the certificate issued under Clause 15.2;

(k)Certificate of Sectional Completion means the certificate issued under Clause 21.3;

Clause means the clauses in the Conditions of the Contract;

(m) Completion Date means the date(s) for completion of the Works stated in the Appendix under Clauses 21.1 and 21.3 or the last extended date granted under Clause 23.4;

(n) Conditions means the Conditions of the Contract;

(o) Confirmation of Architect's Instruction or CAI as described in Clause 2.2;

(p) Consultant means the Engineer, Quantity Surveyor and/or Specialist Consultant as appropriate;

(q) Contract or Contract Documents comprise the following documents: the Letter of Award;

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(ii) the Articles of Agreement; (iii) the Conditions of Contract;

(iv) the Contract Drawings; (v) the Contract Bills; and (vi) other documents incorporated in the Contract Documents, unless expressly stated to be excluded therefrom;

Contract Bills comprise the following documents (as may be applicable):

(i) Instructions to Tenderers;

(ii) Conditions of Tendering;

(iii) Form of Tender; (iv) Preliminaries;

(v) Preambles and Specification; (vi) Bills of Quantities; and (vii) any other documents specifically mentioned in any of the above documents;

Contract Sum means the sum stated in Article 2;

Contractor means the party named in the Articles of Agreement and includes the Contactor’s legal successors or personal representatives or any Person to whom the rights and obligations of the Contractor have been transferred with the agreement of the Employer;

(u) Contractor's All Risks Insurance ('CAR Insurance') means an insurance policy which provides cover against any physical loss or damage to work executed and materials and goods under a standard CAR Insurance policy. The minimum insurance risks are specified under Clauses 19.0, 20.A or 20.B or 20.C, and the insurance shall have the appropriate endorsements. Any additional insurance risks in addition to those stated in these Conditions that are required to be covered under the CAR Insurance shall be stated in the Contract Bills;

(v) Date of Commencement means the date(s) fixed and stated in the Appendix under Clauses 21.1 and 21.2;

(w) Day means calendar day including the weekly day of rest but excluding gazetted holidays in the location where the Works is can-ied out;

(x) Defects means defects, shrinkages or other faults due to materials or workmanship not in accordance with the Contract and Nominated SubContract and/or due to any faulty design (if any) undertaken by the Contractor and Nominated Sub Contractor;

(y) Defects Liability Period means the period stated in the Appendix under Clause 15.4;

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(z) Employer means the party named in the Articles of Agreement and includes the Employer's legal successors or personal representatives or any Person to whom the rights and obligations of the Employer have been transferred with the ageement of the Contractor;

(aa) Engineer means the Person named in Article 4 and shall be a Professional Engineer or any other form of practice registered under the Registration of Engineers Act 1967 and approved by the Board of Engineers, Malaysia;

Final Account means the documents showing the adjustment of the Contract Sum issued under Clause 30.10;

(ac)Final Certificate means the final certificate issued by the Architect under Clauses 30.14 and 30.15;

(ad) Force Majeure means any circumstances beyond the control of the Contractor caused by terrorist acts, governmental or regulatory action, epidemics and natural disasters;

(ae) Interim Certificates means the progress payment certificate issued by the Architect under Clause 30.1 ;

(af) Letter of Award means the letter of acceptance of the Contractor's tender issued by or on behalf of the Employer;

(ag) Lump Sum Contract means a fixed price Contract and is not subject to remeasurement or recalculation except for Provisional Quantities and Variations which shall be valued under Clause I .0;

(ah)Month means calendar month;

(ai) Nominated Sub-Contract means the contract entered into between the Main Contractor and the Nominated Sub-Contractor pursuant to a nomination by the Architect under Clause 27.2;

Nominated Sub-Contractor means a sub-contractor nominated by the Architect under Clause 27. l ;

(ak)Nominated Supplier means a supplier nominated by the Architect under Clause 28.1;

PAM Sub-Contract 2018 means the form of contract as published by Pertubuhan

Akitek Malaysia where the sub-contractor is nominated under the PAM Contract 2018;

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(am) Penultimate Certificate means the payment certificate issued by the Architect for the release of monies to Nominated Sub-Contractors and/or Nominated Suppliers under Clause 30.13;

(an) Performance Bond means the bond required to be provided by the Contmctor as a security for the due performance of the contract under Clause 39. I ;

(ao) Period of Honouring Certificates means the period for honouring certificates stated in the Appendix under Clause 30.1;

(ap) Person means an individual, sole proprietorship, firm (partnership) or body corporate;

(aq) Practical Completion or Practically Completed means the state of completion described in Clause 15.1;

(ar) Prime Cost Sums ('P.C. Sums') means the sums provided in the contract for works or services to be executed by Nominated Sub-Contractor or for materials and goods to be supplied by Nominated Supplier;

(as) Provisional or Provisional Quantity means the estimated quantities of work provided in the Contract Bills for work to be executed or for the supply of any materials and goods which cannot be determined or detailed at the time;

(at) Provisional Sums means the sums provided in the contract and/or the Nominated Sub-Contract for work to be executed or for the supply of any materials and goods which cannot be foreseen, determined or detailed at the time;

Quantity Surveyor means the Person named in Article 5 and shall be a Registered Quantity Surveyor or any other fon-n of practice registered under the

Quantity Surveyors Act 1967 and approved by the Board of Quantity Surveyors, Malaysia;

(av) Relevant Event means any one of the events for extension of time set out in Clause 23.8;

(aw)Retention Fund means the sum retained in accordance with Clause 30.5;

(ax) Service Provider means any company or body authorised to provide water, electricity, telecommunication, sewerage and other related services;

(ay) Site means the land and other places on, in, under, over or through which the Works are to be executed and is provided by the Employer for the

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purposes of the Contract including other land and places obtained by the Contractor and accepted by the Employer as forming part of the Site;

(az)Site Agent means the person appointed under Clause 8. I ;

Site Staff means the person appointed under Clause 10.1 ;

(bb) Specialist Consultant means the Person named in 6 and such Person shall be a Specialist Consultant appointed by the Employer for a designated scope of professional work;

(bc)Variation means changes made to the Works as defined under Clause 11.1; Week means a period of seven (7) consecutive days;

(be) Works means the works described in the Articles of Agreement and referred to in the Contract Documents and includes any changes made to these works in accordance with the Contract; and

(bf) Works Programme means the works programme described in the Contract Documents and in Clause 3.5.

Article 8

In the interpretation of the Contract, unless the context requires otherwise, the following Meanings shall apply:

(a) Gender - words of one gender include the other gender, and words denoting natural persons include corporations and firms and all such words are to be consffued interchangeably in that manner;

(b) Headings and Marginal Notes - the headings and marginal notes in the Conditions are not to be taken into consideration in the interpretation or construction of the Conditions or of the Contract;

(c) Reference to legislation - a reference to any Acts is deemed to include references to any subsequent amendments, consolidation or replacement of the Acts;

(d) Singular and Plural - words importing the singular also include the plural and vice versa where the context requires; and

(e) Where any word or phrase is given a defined meaning, any other grammatical form of that word or phrase has a corresponding meaning.

Definitions

IN WITNESS WHEREOF

The hand of the Employer has been hereunto set the day and year first above written in the presence of: Signature of Witness

Name.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NRIC No..... ..................................... . . . . . . . . .

The Common Seal of ..................... was hereunto affixed in the presence of: Signature of Director...................................... „ Name ..... ...................................................................... NRIC No.... m . . .

m WITNESS WHEREOF

The hand of the Contractor has been hereunto set the day and year first above written in the presence of: Signature of Witness........... .

Name.... . . . . . . . . . . . . . . . . . . . NRIC No.. Signature of Director.............................. .

Name ...................... „ NRIC No....

* Delete as appropriate )Signature of Employer... . . . . . . . . . . . . . . . . . . . . . . . . )Name )NRIC

Signature of Director/Secretary

Name . . NRIC No. )Signature of Contractor ) Name

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)NRIC No..... Signature of Director/Secretary

Name .............................................. ... . . . . NRIC No.

The ajixing ofthe Common Seal to be witnessed in accordance with the Memorandum & Articles ofAssociation ofthe Company.

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The Conditions Of Contract

1.0 Contractor's Obligations

Completion of works in accordance with contract documents Temporary work and construction method

Contractor's design and responsibilities

1.1 The Contractor shall upon and subject to these Conditions carry out and complete the Works in accordance with the Contract Documents and in compliance therewith provide materials, goods and standards of workmanship of the quality and standard described in the Contract Documents and/or required by the Architect in accordance with the provisions of the Contract.

1.2 Unless designed by the Architect or Consultant, the Contractor shall be fully responsible for the adequacy, stability and safety of all temporary works and of all methods of construction of the Works, irrespective of any approval by the Architect or Consultant.

1.3 If the Contractor proposes any alternative design to that specified in the Works or if the Contract leaves any matter of design, specification or choice of materials, goods and workmanship to the Contractor, the Contractor shall ensure that such works are fit for its purpose. The copyright of the Contractor's design and alterative design belongs to the Contractor, but the Employer shall be entitled to use the design and alternative design for the completion, maintenance, repair and future extension of the Works. The acceptance by the Architect or Consultant of the Contractor's design and alternative design shall not relieve the Contractor of his responsibilities under the Contract.

Discrepancy or divergence between documents

Contractor to comply with Al

1.4 The Contractor shall use the Contract Documents and any other subsequent documents issued by the Architect to plan the Works prior to execution. If during the said planning and subsequent execution of the Works, the Contractor finds any discrepancy in or divergence between any of the Contract Documents and any subsequent documents issued by the Architect, he shall give to the Architect a notice in sufficient time before the commencement of construction of the affected works, specifying the discrepancy or divergence to enable the Architect to issue written instructions within a period which would not materially delay the progress of the affected works, having regard to the Completion Date. Such discrepancy or divergence shall not vitiate the Contract.

2.0 Architect's Instructions ('Al')

2.1 The Contractor shall subject to Clauses 2.2 and 2.3 forthwith comply with all instructions issued to him by the Architect in regard to any matter in respect of which the Architect is expressly empowered by these Conditions to issue instructions.

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AI 2.2 All instructions issued by the Architect shall be in writing expressly entitled "Architect's Instruction" ('Al'). All other forms of written instructions including drawings issued by the Architect shall be an Al:

2.2(a) upon written confirmation from the Contractor entitled "Confirmation of Architect's Instruction" ('CAI'); or 2.20 upon subsequent confirmation of the instructions by the Architect with an Al.

Provisions empowering instructions

2.3 Upon receipt of a written instruction from the Architect, the Contractor may request the Architect to specify in writing which provision of these Conditions empowers the issuance of the said instruction and the Architect shall forthwith comply with such a request. If the Contractor thereafter complies with the said instruction without invoking any dispute resolution procedure under the Contract to establish the Architect's power in that regard, the instruction shall be deemed to have been duly given under the specified provision.

Failure of Contractor to comply with Al

2.4 If the time of compliance [which shall not be less than seven (7) Days from receipt of the Al] is stated by the Architect in the Al and the Contractor does not comply therewith then the Employer may, without prejudice to any other rights and remedies which he may possess under the Contract, employ and pay other Person to execute any work which may be necessary to give effect to such instruction. The cost of employing other Person and any additional cost in this connection shall be set-off by the Employer under Clause 30.4.

3.0 Contract Documents, Programme And As-built Drawings

Contract Document 3.1 The Contract Documents are to be read as mutually explanatory of one another. In the event of any conflict or inconsistencies between any of the Contract Document, the priority in the interpretation of such documents shall be in the following descending order:

(a) the Letter of Award;

(b) the Articles of Agreement;

(c) the Conditions of Contract;

(d) the Contract Drawings;

(e) the Contract Bills; and other documents incorporated in the Contract Documents, unless expressly stated to be excluded in any of the Contract Document.

Custody of tender documents

3.2 The original tender documents shall remain in the custody of the Architect or Quantity Surveyor so as to be available at all reasonable times for inspection by the Employer and Contractor.

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Copies of documents 3.3 Within fourteen (14) Days after the award of the Contract or on any date after the award as agreed between the Architect and the Contractor, the Architect or Quantity Surveyor shall without charge to the Contractor provide him with:

3.3(a) two (2) copies of the Contract Drawings; and

3.3(b) two (2) copies of the unpriced Contract Bills.

Within fourteen (14) Days after the execution of the Contract, the Architect or Quantity Surveyor shall also without charge to the Contractor provide him with one (l) signed copy of the Contract Documents.

Further drawings Or details 3.4 When necessary, the Architect shall without charge to the Contractor furnish him with two(2) copies of further drawings, details, levels and any other information as are reasonably necessary either to explain and amplify the Contract Drawings or to enable the Contractor to complete the Works in accordance with these Conditions. If the Contractor requires any further drawings, details, levels and any other information, he shall specifically apply in writing to the Architect for these items in sufficient time before the commencement of construction of the affected works to enable the Architect to issue instructions within a period which would not materially delay the progress of the affected works having regard to the Completion Date.

Works Programme 3.5 Within twenty one (21) Days from receipt of the Letter of Award (or within such longer period as may be agreed in writing by the Architect), the Contractor shall provide to the Architect for his information, six (6) copies of the Works Programme (unless a higher number is stated in the Contract Documents) showing the order in which he proposes to carry out the Works. The Works Programme shall comply with any requirements specified in the Contract Documents. If the Works or any part of the Works is delayed for whatever reason, the Architect may instruct the Contractor to revise the Works Programme. The Contractor without charge to the Employer, shall provide the Architect from time to time with similar number of copies of any revised Works Programme.

Programme not part of contract 3.6 The Works Programme shall not constitute part of the Contract, whether physically incorporated or not into the Contract Documents.

Architect's acceptance of programme

3.7 The acceptance by the Architect of the Works Programme shall not relieve the Contractor of his obligations, duties or responsibilities under the Contract. The Works Programme may be used by the Architect to monitor progress and the Architect is entitled to rely on

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the Works Programme as a basis for the assessment of extension of time and the effect of the delay and/or disturbances to the progress of the Works.

Availability of documents 3.8 The Contractor shall keep a copy of the Contract Drawings and the unpriced Contract Bills on the Site to be available to the Architect and Consultant and their authorised representatives at all reasonable times.

Limitation of use of documents 3.9 None of the Contract Documents in Clause 3.1 shall be used by the Contractor for any purpose other than the Contract. Except for the purpose of the Contract, the parties shall not disclose any of the rates and prices in the Contract Bills to any other party.

As-built Drawings and operation and maintenance manuals

3.10 The Contractor shall supply and shall cause any Nominated SubContractor to supply As- built Drawings and/or operation and maintenance manuals specified in the Contract Documents and/or Nominated Sub-Contract documents in the manner and within the time specified therein. Where these are not specified, the Contractor shall supply and shall ensure that the Nominated Sub-Contractor supplies four (4) copies of the above items before the Completion Date.

4.0

Statutory Obligations, Notices, Fees and Charges

Statutory requirements 4.1 The Contractor shall comply with and submit all notices required by any laws, regulations, by-laws, terms and conditions of any Appropriate Authority and Service Provider in respect of the execution of the Works and all temporary works.

Inconsistencies with statutory requirements

4.2

If the Contractor finds any inconsistencies between the Contract Documents (including any subsequent documents issued by the Architect) and any laws, regulations, by-laws, terms and conditions of any Appropriate Authority and Service Provider, he shall immediately specify the inconsistencies and give to the Architect a written notice before commencement of construction of the affected works.

Conforming to statutory obligations

4.3 If within seven (7) Days of having given written notice to the Architect, the Contractor does not receive any Al in regard to the matters specified in Clause 4.2, he shall proceed with the work to conform to such laws, regulations, by-laws, terms and conditions of any Appropriate Authority and Service Provider. Any changes so necessitated shall be deemed to be a Variation required by the Architect.

Fees, levies and charges 4.4 The Contractor shall pay and indemnify the Employer against any liability in respect of any fees, levies and charges including any penalties which may arise from the Contractor's noncompliance with any laws, regulations, by-laws, terms and conditions of any Appropriate Authority and Service Provider in respect of the execution of the Works and all temporary works. ff the Contractor fails to pay, the Employer

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may pay such amount and such amount together with any additional cost in this connection shall be set-off by the Employer under Clause 30.4

5.0 Levels And Setting Out Of The Works

Setting out 5.1 The Architect shall determine all levels which may be required for the execution of the Works and shall provide the Contractor with drawings and information to enable the Contractor to set out the Works. The Contractor shall at his own cost rectify any errors arising from any inaccurate setting out. With the consent of the Employer, the Architect may instruct that such errors need not be rectified subject to an appropriate deduction to be set-off by the Employer under Clause 30.4.

6.0 Materials, Goods And Workmanship To Conform To Description, Testing And Inspection

Standards of works, materials, goods and workmanship

6.1 All works, materials, goods and workmanship shall be of the respective quality and standards described in the Contract Documents and required by the Architect in accordance with the provisions of the Contract.

Provision of vouchers 6.2 The Contractor shall upon the request of the Architect, provide him with vouchers or such other evidence to prove that the materials and goods comply with Clause 6.1.

Inspection and testing 6.3 The Contractor shall provide samples of materials and goods for testing before incorporation into the Works. The Architect may issue an Al requiring the Contractor to open up for inspection any work covered up, or to arrange for or carry out any test on any materials and goods already incorporated in the Works or of any executed work. The cost of such opening up or testing together with the cost of making good shall be added to the Contract Sum unless:

6.30 the cost is provided for in the Contract Bills; 6.30) the inspection or test shows that the works, materials and goods were not in accordance with the Contract; or the inspection or test was in the opinion of the Architect required in consequence of some prior negligence, omission, default and/or breach of contract by the Contractor.

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Contractor's 6.4 The provisions of Clauses 6.2 and 6.3 shall not relieve the Contractor of his obligations to obligation not relieved execute the work and supply materials and goods in accordance with the Contract.

Work not in 6.5

If the Architect finds any work, materials, goods or workmanship which is not in accordance with the Contract

accordance with the Contract, the Architect shall instruct the Contractor in

6.5(a) to remove from and not to bring to the Site such materials and goods;

6.5(b) to demolish and reconstruct such work to comply with the Contract;

6.5(c) to recti%' such work as instructed by the Architect with no adjustment to the Contract Sum;

6.5(d) to submit a method statement within seven (7) Days from receipt of the written instruction (or within such period as may be specified by the Architect in the instruction) proposing how such works, materials, goods or workmanship can be rectified. If the Architect accepts the Contractor's proposal, the Contractor shall carry out the rectification work with no adjustment to the Contract Sum or alternatively, the Architect may reject the proposal and issue any other written instruction under this clause; or

6.5(e) with the consent of the Employer, to leave all or any such works, materials, goods or workmanship in the Works subject to an appropriate set-off by the Employer under Clause 30.4 and the Contractor shall remain liable for the same.

Compliance by the Contractor with a written instruction issued under Clause 6.5 shall not for time and cost entitle the Contractor to an extension of time nor compensation for any loss and/or expense that may be incurred.

No compensation 6.6

Failure of 6.7

If the Contractor fails or refuses to comply with a written instruction of the Architect issued Contractor to under Clause 6.5, the Employer may without prejudice to any other rights or remedies comply which he may possess under the Contract, employ and pay other Person to carry out the subject matter of the written instruction. All costs incurred including any loss and expense shall be set-off by the Employer under Clause 30.4.

If the Contract requires any manufacturer, sub-contractor or supplier to give a warranty or respect of guarantee in respect of any proprietary systems, materials and goods supplied, the

Warranties in 6.8

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materials and Contractor shall procure such warranties or guarantees and submit to the Employer. The goods provision of such warranties or guarantees shall in no way relieve or release the Contractor from any liabilities under the Contract.

7.0 Royalties And Intellectual Property Rights

Subject to Clause 7.2, all royalties or other sums payable in respect of the supply and use in Employer carrying out the Works of any articles, processes, inventions or drawings shall be deemed to have been included in the Contract Sum. The Contractor shall indemnify the Employer against all claims, proceedings, damages, costs and expenses which may be brought against the Employer or to which he may be subjected to by reason of the Contractor infringing or being held to have infringed any such intellectual property rights.

Indemnity to 7.1

Contractor's 7.2 Where in compliance with a written instruction, the Contractor has informed the Architect liability to pay in writing that there may be an infringement of intellectual property rights but the Architect still instructs the Contractor in writing to comply, the Contractor shall not be liable for any such infringement. All royalties, damages or other monies which the Contractor may be liable to pay for such infringement shall be added to the Contract Sum.

Government 7.3 Except where otherwise provided for in the Contract, the Contractor shall pay all royalties Government royalties, levies, rent and all other payments in connection with the Works.

8.0 Site Agent

Site Agent 8.1 The Contractor shall appoint a competent person to be the Site Agent. The Site Agent for the purposes of the Contract shall be deemed to be the Contractor's authorised site representative. The Site Agent shall be assisted by such assistants and supervisory staff as necessary to execute the Works effciently and satisfactorily. The Site Agent shall be employed full time on Site and in the event that he has to be temporarily absent from the Site, the Contractor shall designate a deputy in his place.

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Instructions to 8.2 The Contractor shall ensure that the Site Agent and such assistants and supervisory staff are Site Agent capable of receiving directions or instructions in English or Bahasa Malaysia. The Site Agent shall be deemed to be authorised by the Contractor to receive any directions given by the Site Staffor instructions given by the Architect and any such directions and instructions given shall be deemed to have been given to the Contractor.

Exclusion of 8.3 The Architect may instruct the Contractor to remove the Site Agent or any Person under the Person employed employment or control of the Contractor from the Site. The Architect shall not exercise this on the Works discretion unreasonably or vexatiously. On receipt of a written instruction, the Contractor shall immediately remove and replace such staff or any Person within a reasonable time and such staff or Person so removed, shall not again be employed on the Site. The Contractor shall not be entitled to any extension of time and additional cost in respect of any instruction given by the Architect under this clause.

9.0

Access To The Works

Access to the 9.1 The Architect, Consultant and their authorised representatives shall at all times have Works reasonable access to the Works and to the factories, workshops or other places where any construction plant, materials, goods and work are being fabricated, prepared or stored for the Contract. The Contractor shall ensure that all sub-contracts contain provisions entitling the Architect, Consultant and their authorised representatives to have such access.

10.0 Site Staff

Duty of Site Staff 10.1 The Employer may from time to time appoint such number of Site Staff as the Employer shall deem necessary. The Site Staff shall act as inspectors under the direction of the Architect and the Contractor shall provide reasonable facilities for the performance of such duties.

Directions given 10.2 Any directions given to the Contractor or his Site Agent by the Site Staff shall be of no by Site Staff effect, unless given in writing in regard to a matter in respect of which the Site Staff have been expressly authorised in witing by the Architect. All such directions involving a Variation shall be of no effect, unless confirmed by an Al.

11.0

Variations, Provisional And Prime Cost Sums

Definition of 11.1 'Ihe term "Variation" means the alteration or modification of the design, quality or quantity Variation of the Works including: the addition, omission or substitution of any work;

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11.1 (b) the alteration of the kind or standard of any materials and goods to be used in the Works; the removal from the Site of any work executed or materials and goods brought thereon by the Contractor for the purposes of the Works other than work, materials and goods which are not in accordance with the Contract; and any changes to the provisions in the Contact with regards to:

11.1 any limitation of working hours;

11.1 working space;

1 1. access to or utilisation of any specific part of the Site;

11.1 the execution and completion of the work in any specific order; and the execution of temporary works, but shall exclude any changes intended to rectifr any negligence, omission, default and/or breach of contract by the Contractor and such changes shall be executed by the Contractor entirely at his own cost.

No Variations 11.2 The Architect may issue an Al ordering a Variation or sanctioning any Variation made by required by the Contractor. No Variation ordered by the Architect or subsequently sanctioned by him Architect shall shall vitiate the Contract. Pending the valuation of the Variations, the Contractor shall carry vitiate Contract out with due diligence and expedition all Variations so instructed.

Issue of 11.3 The Architect may issue instructions in writing requiring a Variation at any time before the Variations after issuance of the Cenificate of Practical Completion. Thereafter, any Al requiring a Variation Practical must be necessitated by obligations or compliance with the requirements of any Completion Appropriate Authority and Service Provider.

Al on P.C. Sums 11.4 The Architect shall issue Al in regard to the expenditure of P.C. Sums and Provisional and Provisional Sums included in the Contract Bills and of P.C. Sums which arise as a result of instructions Sums issued in regard to the expenditure of Provisional Sums. Valuation of 11.5 All Variations shall be measured and valued by the Quantity Surveyor. Upon completion of

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Variations and the Variations, the Contractor shall submit complete details and particulars as required by Provisional Sums the Architect and Quantity Surveyor for valuation of Variations. Where any recording of site information and/or site measurements are carried out at the Site, the Contractor shall provide the Quantity Surveyor with such assistance as may be necessary to carry out the • works and the Contractor shall be given the opportunity to be present to take such notes and measurements as he may require. If the Quantity Surveyor is of the opinion that the details and particulars submitted by the Contractor are insuffcient to enable him to carry out the measurement and valuation, the Quantity Surveyor shall within twenty eight (28) Days from receipt of the Contractor's submission, inform him of any deficiency in his submission and may require the Contractor to provide such further details and particulars within a further twenty eight (28) Days. When the Contractor has submitted sufficient details and particulars, the Quantity Surveyor shall measure and value the Variations within thirty days (30) Days or any other extended date as agreed between the Architect and Conh•actor.

Valuation rules 11.6 The valuation of Variations and work executed by the Contractor for which a Provisional Quantity is included in the Contract and the expenditure of Provisional Sums (other than for work for which a tender had been accepted under Clause 27.14) shall be made in accordance with the following rules:

11.60 where work is of a similar character to, is executed under similar conditions as, and does not significantly change the quantity of work as set out in the Contract Documents, the rates and prices in the Contract Documents shall determine the valuation;

11.60) where work is of a similar character to work as set out in the Contract Documents but is not executed under similar conditions or is executed under similar conditions but there is a significant change in the quantity of work carried out, the rates and prices in the Contract Documents shall be the basis for determining the valuation which shall include a fair adjustment in the rates to take into account such difference;

1 1.6(c) where work is not of a similar character to work as set out in the Contract Documents, the valuation shall be at fair market rates and prices determined by the Quantity Surveyor;

11.6(d) where work cannot be properly measured and valued in accordance with Clause 1 1.6(a), (b) or (c), the Contractor shall be allowed:

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the daywork rates in the Contract Documents; or where there are no such daywork rates in the Contract Documents, at the actual cost to the Contractor of his materials, additional construction plant and scaffolding, transport and labour for the work concerned, plus fifteen (15) percent, which percentage shall include for the use of all tools, standing plant, standing scaffolding, supervision, overheads and profit.

In either case, vouchers speciö'ing the time spent daily upon the work, the workers' names, materials, additional construction plant, scaff()lding and transport used shall be signed by the Site Agent and verified by the Site Staff and Shakl be delivered to the Architect and Quantity Surveyor at weekly intewals with the final records delivered not later than fourteen (14) Days after the work has been completed;

11.6(e) the rates and prices in the Contract Documents shall determine the valuation of items omitted. If omissions substantially vary the conditions under which any remaining items of work are carried out, the prices of such remaining items shall be valued under Clause 1 1.6(a), (b) or (c); and

in respect of Provisional Quantities, the quantities stated in the Contract Documents shall be re-measured by the Quantity Surveyor based on the actual quantities executed within sixty (60) Days after the said works are completed. The rates and prices in the Contract Documents shall determine their valuations.

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Additional 11.7 Where a Variation has caused or is likely to cause the Contractor to incur additional expense caused expenses for which he would not be paid under any provisions in Clause 11.6, the by Variation Contractor may make a claim for such additional expenses provided always that:

11.70 the Contractor shall give written notice to the Architect of his intention to claim for such additional expenses together with an initial estimate of his claim duly supported with all necessary calculations. Such notice must be given within twenty eight (28) Days from the date of the Al or CAI giving rise to his claim. The giving of such written notice shall be a condition precedent to any entitlement to additional expenses that the Contractor may have under the Contract; and

11.7(b) within twenty eight (28) Days of completing such Variation, the Contractor shall send to the Architect and Quantity Surveyor complete particulars of his claim for additional expenses together with all necessary calculations to substantiate his claims. If the Contractor fails to submit the required particulars within the stated time (or within such longer period as may be agreed in writing by the Architect), it shall be deemed that the Contractor has Waived his rights to any such additional expenses.

Access to 11.8 The Contractor shall keep contemporaneous records to substantiate all his claims for Contractor's additional expenses under Clause 1 1.7, and shall submit all particulars to the Architect and books and Quantity Surveyor. The Architect and Quantity Surveyor shall have access to all books, documents documents, reports, papers or records in the possession, custody or conffol of the Contractor that are material to the claim and the Contractor shall provide free of charge a copy each to the Architect and Quantity Surveyor when requested. All such documents shall remain available in accordance with this clause until all claims have been resolved. The Contractor shall use his best endeavour to ensure that all such similar documents in the possession, custody or control of subcontractors and/or suppliers that are material to the claim are similarly available.

Variations and 11.9 As soon as the Architect and Quantity Surveyor have ascertained the amount of Variations additional and/or additional expenses claimed by the Contractor under Clause 11.7, the amount so

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ascertained shall be added to the Contract Sum. When an Interim Certificate is issued after to Contract Sum the date of ascertainment, such amount shall be included in the certificate.

expenses added

12.0 Contract Bills

Measurement of 12.1 The quality and quantity of the work included in the Contract Sum shall be deemed to be building works those which are set out in the Contract Bills and unless otherwise expressly stated, shall be prepared in accordance with the principles of the Standard Method of Measurement of Building Works sanctioned by the Royal Institution of Surveyors Malaysia and currently in force.

Correction of 12.2 Unless otherwise expressly provided, the contract is a Lump Sum Contract. Any error in errors or description, quantity or omission of items in the Contract Bills shall not vitiate the Contract omissions and shall be comected by the Architect or Consultant.

13.0 Contract Sum

13.1 The Contract Sum shall not be adjusted or altered in any way whatsoever, other than in not to be accordance with the express provisions of the Contract. Any arithmetical errors or any adjusted or errors in the prices and rates shall be corrected and/or mtionalised by the Architect or altered Consultant without any change to the Contract Sum before the signing of the Contract.

Contract Sum

14.0

Materials And Goods

Materials and 14.1 Materials and goods delivered to the Site for incorporation into the permanent works shall goods not to be not be removed until completion of the Works unless prior consent in WTiting from the removed Architect has been obtained, which consent shall not be unreasonably withheld or delayed.

Materials and 14.2 Where the value of such materials and goods has in accordance with Clause 30.2 been

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goods included in included in any Interim Certificate under which the Employer has effected payment, such certificates materials and goods shall become the property of the Employer.

Responsibility for 14.3 Contractor shall be responsible for any loss and/or damage to such materials and goods materials and including materials and goods supplied by Nominated Sub-Contractors and Nominated goods Suppliers.

Warranty of title 14.4 "Ihe Contractor shall be deemed to have warranted that he has title free from encumbrances of goods and for such materials and goods upon inclusion of the value of such materials and goods in any materials applications for payments under Clause 30.1. In the event that the Contractor is found to have made a false warranty, any loss suffered by the Employer shall be made good by the Contractor or shall be set-off under Clause 30.4.

15.0 Practical Completion And Defects Liability

Practical Completion

15.1 The Works are Practically Completed when:

15.1(a) in the opinion of the Architect, the Employer can have full use of the Works for their intended purposes, notwithstanding that there may be works and defects of a minor nature still to be executed and the Contractor has given to the Architect a wHtten undertaking to make good and to complete such works and defects within a reasonable time specified by the Architect; and

15.1(b) other requirements expressly stated in the Contract Documents as a prerequisite for the issuance of the Certificate of Practical Completion have been complied with.

Certificate of 15.2 When the whole of the Works are Practically Completed, the Contractor shall forthwith

Practical give w•ritten notice to that effect to the Architect who shall within fourteen (14) Days do

Completion either one of the following:

15.26) if the Architect is of the opinion that the 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-Contractors stating the reasons for his opinion and specifying the works that are incomplete and/or the conditions that have not been complied with; or

| PAM Contract 2018 (With Quantities)

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15.2(b) if the Architect is of the opinion that the Works are Practically Completed under Clause 15.1, the Architect shall issue the Certificate of Practical Completion. The date of Practical Completion shall be:

15.2(b)(i) the date of receipt of the Contractor's undertaking to make good and to complete works and defects of a minor nature, where there are such works and defects; or

15.2(b)(ii) the date of receipt of the Contractor's written notice, where there are no works and defects of a minor nature.

The Certificate of Practical Completion shall be issued to the Contractor with copies extended to the Employer and Nominated Sub-Contractors. Upon the issuance Of Certificate of Practical Completion by the Architect, the Contractor shall forthwith return Site possession to the Employer. Contractor's 15.3 Where applicable, the Contractor shall comply with his undertaking to attend to the works failure to comply and defects of a minor nature under Clause 15.1(a) within the specified time. In the event with undertaking the Contractor fails to comply with his undertaking, the Employer may without prejudice to any other rights and remedies which he may possess under the Contract do any one of the following: 15.36) grant the Contractor additional ex-gratia time to be specified by the Architect to enable the Contractor to comply with his said undertaking;

15.30) employ and pay other Person to execute any work which may be necessary to give effect to the Contractor's said undertaking. All costs incurred including any loss and/or expense shall be set-off by the Employer under Clause 30.4; or

15.30 accept to leave all or any such works and defects of a minor nature in the Works subject to an appropriate set-offunder Clause 30.4.

15.4 Any Defects in the Works which appear within the Defects Liability Period shall be

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specified by the Architect in a schedule of defects which he shall deliver to the Contractor not later than fourteen (14) Days after the expiration of the Defects Liability Period. The Contractor shall make good the Defects specified within twenty eight (28) Days after receipt of the schedule of defects (or within such longer period as may be agreed in writing by the Architect) at the Contractor's cost. If the Contractor fails to attend to the Defects, the Employer may, without prejudice to any other rights and remedies which he may possess under the Contract, employ and pay other Person to recti& the Defects and all costs incurred shall be set-off by the Employer under Clause 30.4. If the Architect with the consent of the Employer, instructs the Contractor to leave the Defects in the Works, then an appropriate deduction for such Defects not made good by the Contractor shall be set-off by the Employer under Clause 30.4.

15.5 Notwithstanding Clause 15.4, the Architect may at any time during the Defects Liability Period issue an Al requiring any critical Defects which need urgent rectification to be made good within a reasonable time specified by the Architect at the Contractor's cost. If the Contractor fails to attend to such Defects within the time specified by the Architect, the Employer may employ and pay other Person to recti%' such Defects and all costs incurred shall be setoff by the Employer under Clause 30.4.

15.6 Upon completion of making good all Defects which may have been required to be made good under Clause 15.4, the Contractor shall forthwith give written notice to the Architect to that effect. The Architect shall within fourteen (14) Days do either one of the following:

15.60 if the Architect is of the opinion that there is no Defects or the Coritractor has made good all Defects, the Architect shall issue a Certificate of Making Good Defects and the date of making good Defects shall be the date of receipt of the Contractor's notice. The Certificate of Making Good Defects shall be issued to the Contractor and copies shall be extended to the Employer and Nominated Sub-Contractors; or

15.60) if the Architect is of the opinion that the Defects have not been made good, the Architect shall give written notice to the Contractor with copies to Nominated Sub-Contractors stating the reasons for the non-issuance of the Certificate of Making Good Defects.

16.0 Partial Possession By Employer

16.1 If at any time before Practical Completion of the Works, the Employer wishes to take

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possession and occupy any part of the Works ("the Occupied Part") and the consent of the Contractor (whose consent shall not be unreasonably delayed or withheld) has been obtained, then notwithstanding anything expressed or implied elsewhere in the Contract, the Employer may take possession of the Occupied Part and the following shall apply:

16. 1(a) within fourteen (14) Days from the date on which the Employer has taken possession of the Occupied Part, the Architect shall issue a Certificate of Partial Completion. The Certificate of Partial Completion shall state the Architect's estimate of the approximate total value of the Occupied Part and for all purposes of Clause 16.0, the value so stated shall be deemed to be the total value of the Occupied Part;

16.1 (b) for the purposes of Clauses 15.4, 15.5 and 16.1 (f), Practical Completion of the Occupied Part shall be deemed to have occurred and the Defects Liability Period in respect of the Occupied Part shall be deemed to have commenced on the date which the Employer has taken possession;

16. 1(c) the Liquidated Damages under Clause 22.1 shall be reduced by the ratio of the estimated value of the Occupied Part to the Contract Sum;

16.1 (d) upon the issuance of the Certificate of Partial Completion, the Architect shall within fourteen (14) Days issue a certificate to release half the amount of the Retention Fund in the ratio of the estimated value of the Occupied Part to the Contract Sum. The Contractor shall be entitled to payment within the Period of Honouring Certificates;

16.1 (e) when in the opinion of the Architect all Defects in the Occupied Part which he may have required to be made good under Clause 15.4 or 15.5 have been made good, he shall issue a Certificate of Making Good Defects under Clause 15.6 in respect of the Occupied Part; and

16.1 (f) upon the issuance of the Certificate of Making Good Defects of the Occupied Part, the Architect shall within fourteen (14) Days issue a certificate for the release of the remaining amount of the Retention Fund in respect of the Occupied Part. The Contractor shall be entitled to payment within the Period of Honouring Certificate.

16.2 The Employer may, without prejudice to any other rights and remedies which he may possess under the Contract, enter and occupy such part of the Works prior to the completion consent of the whole of the Works without the consent of the Contractor under Clause 16.1 provided always that:

16.2(a) the completion of the Works has been delayed and a Certificate of NonCompletion has been issued by the Architect under Clause 22. l; and

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16.2(b) such entry and occupation of the Occupied Part can be effected without any unreasonable disturbance to the progress of the Contractor's remaining works.

In that event, the provisions of Clauses 16.1(a) to 16.1(f) shall apply.

16.3

If the Employer takes possession of the Occupied Part under Clause 16.1 or 16.2, the Contractor shall upon the written instruction of the Architect remove his site facilities, construction plant or equipment, materials and goods from the Occupied Part.

17.0 Assignment And Sub-Contracting

17.1 Other than assigning his rights, interests or benefits under the Contract to his financial institution, the Employer shall not without the WTitten consent of the Contractor (such consent shall not be unreasonably delayed or withheld) assign the same to other parties.

17.2 Other than assigning any payment due or to become due under the Confract to his financial institution, the Contractor shall not without the consent of the Employer (such consent shall be at the sole discretion of the Employer) assign his rights, interests or benefits under the Contract to other parties.

17.3 Except where otherwise provided by the Contract, the Contractor shall not wholly or substantially sub-contract the Works. Where the Contractor subcontracts labour only of craftsmen, skilled or semi-skilled workmen to carry out any portion of the Works, this shall not constitute subcontracting within the meaning of this clause.

18.0

Injury To Person Or Loss And/Or Damage Of Property And Indemnity To Employer

18.1 The Contractor shall be liable for and shall indemnify the Employer against any damage, expense, liability, loss, claim or proceedings whatsoever whether arising at common law or or by statute in respect of personal injury to or death of any person arising out of or in the course of or caused by the carrying out of the Works and provided always that the same is due to any negligence, omission, default and/or breach of contract by the Contractor or of any Person for whom the Contractor is responsible.

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18.2 The Contractor shall be liable for and shall indemnify the Employer against any damage, expense, liability, loss, claim or proceedings due to loss and/or damage of any kind whatsoever to any property real or personal, including the Works and any other property of damage the Employer, in so far as such loss and/or damage arises out of or in the course of or by reason of the execution of the Works and provided always that the same is due to any negligence, omission, default and/or breach of contract by the Contractor or of any Person for whom the Contractor is responsible.

18.3 The Contractor shall be liable for and shall indemnify the Employer against any damage, expense, liability, loss, claim or proceedings whatsoever arising out of claims by any and by every workman employed in and for the execution of the Works and for payment of compensation under or by virtue of the Workmen's Compensation Act 1952 and the Employees' Social Security Act 1969. not 18.4 The indemnities given by the Contractor under Clauses 18.1 to 18.3 shall not be defeated or defeated reduced by reason of any negligence or omission of the Employer, Architect, Consultant or other authorised representatives in failing to supervise or control the Contractor's site operation or methods of working or temporary work or to detect or prevent or remedy defective work or to ensure proper performance of any obligation of the Contractor under the Contract.

19.0

Insurance Against Injury To Person And Loss And/Or Damage Of Property

19.1 Without prejudice to his liability to indemniö' the Employer under Clause 18.0, the Contractor shall, as a condition precedent to the commencement of any work under the Person Contract, take out and maintain in the joint names of the Employer, Contractor, suband/or confractor and all interested parties in respect of personal injuries or death and injury or loss and/or damage ofproperty real or personal arising out of or in the course of or by reason of

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the execution of the Works and whether or not such injury, death, loss and/or damage is caused by negligence, omission, default and/or breach of contract by the Contractor, Employer, sub-contractor and interested parties and any of their servants and agents. Such insurance policy shall provide cover in respect of third party liability for personal injury or death and damage to property for the amounts stated in the Appendix. If the Contractor having regard to his indemnity to the Employer under Clause 18.0 desires to increase any of • the insurance coverage, he shall do so and allow for any additional cost. The insurance policy shall include the following endorsements:

19.16) a "cross liability" endorsement to provide insurance cover to the Employer and Confractor and any other parties involved in the Works as though they are separately insured for their respective rights and interest;

19. 1(b) an endorsement to the effect that the Architect, Consultant and any other professional consultants (as applicable) and their employees and representatives, Site Staff, employees and representatives of the Employer, are deemed to be third parties;

19.1@) an endorsement for waiver of all expressed or implied rights of subrogation or recoveries against the insured; and

19.1 (d) an endorsement for automatic extension or renewal of the insurance up to the issuance of the Certificate of Making Good Defects.

19.2 Without prejudice to his liability to indemni& the Employer under Clause 18.0, the scheme Contrutor shall register or cause to register all local workmen employed on the Works and who are subject to registration under the Employees' Social Security Scheme (hereinafter referred to as "SOCSO") in accordance with the Employees' Social Security Act 1969 and shall cause all sub-contractors to comply with the same provisions. The Contractor shall make payment of all contributions and cause all sub-contractors to make similar payments from time to time when the same ought to be paid.

social

19.3 Without prejudice to his liability to indemnifr the Employer under Clause 18.0, the Contractor shall, as a condition precedent to the commencement of any work under the Contract, take out and maintain in the joint names of the Employer and Contractor and shall

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cause all sub-contractors to take out and maintain a similar insurance policy for local workmen who are not subject to registration under SOCSO. Such insurance policy shall be effected and maintained as necessary to cover all liabilities including common law liability in respect of any claim which may arise in the course of the execution of the Works. The insurance policy shall be valid up to the Completion Date and the extended maintenance cover shall be for the Defects Liability Period plus a further three (3) Months. If the Contractor is unable to complete by the Completion Date or complete making good the Defects within the insured period, he shall ensure that the insurance is accordingly extended for the same period of delay. fie Contractor shall effect the said extension of the insurance cover not less than one (l) Month before the expiry of the insurance currently in force. 19.4 Without prejudice to his liability to indemni$' the Employer under Clause 18.0, the Contractor shall, as a condition precedent to the commencement of any work under the Contract, take out and maintain in the name of the Contractor and shall cause all subworkers contractors to take out and maintain a similar insurance policy for all foreign workers employed on the Works as required by the Workmen's Compensation Act 1952 and Workmen's Compensation (Foreign Worker's Compensation Scheme) (Insurance) Order 1998. Such insurance policy shall be effected and maintained as necessary to cover all liabilities including common law liability in respect of any claim which may arise in the course of the execution of the Works. The insurance policy shall be valid up to the Completion Date and the extended maintenance cover shall be for the Defects Liability Period plus a further three (3) Months. If the Contractor is unable to complete by the Completion Date or complete making good the Defects within the insured period, he shall ensure that the insurance is accordingly extended for the same period of delay. The Contractor shall effect the said extension of the insurance cover not less than one (l) Month before the expiry of the insurance currently in force.

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19.5 The insurance referred to in Clauses 19.1, 19.2, 19.3 and 19.4 shall be placed with licensed insurance with insurance companies approved by the Employer, and the Contractor shall deposit with the licensed Employer the policy and the receipt of premiums paid with copies extended to the Architect insurance and Consultant. If the Contractor makes default in insuring or continuing to insure as companies aforesaid, the Employer may (but is not obligated to) insure against any risks in respect of which the default has occurred and the amount of premiums and any other cost incurred or paid by the Employer shall be set-off by the Employer under Clause 30.4.

Placing of

Insurance Of New Buildings/Works By The Contractor

Without prejudice to his liability to indemniW the Employer under Clause 18.0, the risks - new Contractor shall, as a condition precedent to the commencement of any work under the buildings/ works Contract, take out and maintain in the joint names of the Employer, Contractor, subcontractors and all interested parties a CAR Insurance policy for a value not less than the Contract Sum, plus the sum to cover professional fees for reinstatement and the sum to cover the removal of debris all as stated in the Appendix. Unless covered by the standard CAR Insurance policy, the insurance shall have endorsements to cover against loss and./or damage by fire, lightning, explosion, earthquake, volcanism, tsunami, storm, cyclone, flood, inundation, landslide, theft, ground subsidence, existing underground cables and/or pipes or other underground facilities, bursting or overflowing of water tanks, apparatus or pipes, aircraft and other aerial devices or articles dropped therefrom, strike, riot and civil commotion, malicious damage, trespass, cessation of work whether total or partial, vibration and weakening of support. Unless otherwise insured by the Contactor, the CAR Insurance policy will exclude cover for construction plant, tools and equipment owned or hired by the Contractor or any sub-contractors. The Contractor shall keep such Works so insured notwithstanding any arrangement for Sectional Completion under Clause 21.0 or Partial Possession under Clause 16.0. The insurance policy shall be valid up to the

Contractor's

Completion Date and the extended maintenance cover shall be for the Defects Liability

Period plus a further three (3) Months. If the Contractor is unable to complete by the Completion Date or complete making good the Defects

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within the insured period, he shall ensure that the insurance is accordingly extended for the same period of delay. The Contractor shall effect the said extension of the insurance cover not less than one (l) Month before the expiry of the insurance currently in force. Where deductibles are specified in the Appendix or in the insurance policy, the Contractor shall bear the amount of all deductibles. The insurance policy shall also include the endorsement under Clauses 19. I(a) to (d).

Any additional risks or endorsements in addition to those stated in Clause 20.A.l which to be covered may be required to be covered under the CAR Insurance policy shall be specified in the under the Contract Bills. If the Contractor having regard to his indemnity to the Employer under insurance Clause 18.0, desires to have any additional endorsements to the insurance in addition to the risks specified, he shall do so at his own cost.

Additional risks 20.A.2

Placing of 20.A.3

The insurance referred to in Clause 20.A shall be placed with licensed insurance companies insurance with approved by the Employer, and the Contractor shall deposit with the Employer the policy licensed and the receipt of premiums paid. If the Contractor makes default in insuring or continuing insurance to insure as aforesaid, the Employer may insure against any risks in respect of which the companies default has occurred and the amount of premiums and any other cost incurred or paid by the Employer shall be set-off by the Employer under Clause 30.4.

Upon the occurrence of any loss and/or damage to the Works or unfixed materials and insurance claim goods prior to Practical Completion of the Works from any cause whatsoever, and

Application of 20.A.4

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proceeds notwithstanding that settlement of any insurance claim has not been completed, the Contractor shall with due diligence restore, replace or repair the same, remove and dispose of any debris and proceed with the carrying out and completion of the Works. All money if and when received from the insurance under this clause shall be paid in the first place to the Employer. The Employer shall retain the amount paid by the insurance companies in respect of professional fees for reinstatement and pay the balance to the Contractor and/or Nominated Sub-Contractors by installments under separate certificates to be issued by the Architect. The Contractor shall not be entitled to any additional payments in respect of the restoration of the damaged work and replacement or repair of any unfixed materials and goods and the removal and disposal of debris other than the monies received under the aforesaid insurance.

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Insurance Of New Buildings/Works - By The Employer

Insurance by 20.B.1 Without prejudice to the Contrutor's liability to indemni& the Employer under Clause

Employer

18.0, the Employer shall, as a condition precedent to the commencement of any work under the Contract, take out and maintain in the joint names of the Employer, Contractor, subcontractors and all interested parties a CAR Insurance policy for a value not less than the Contract Sum, plus the sum to cover professional fees for reinstatement and the sum to cover the removal of debris all as stated in the Appendix. Unless covered by the standard CAR Insumnce policy, the insurance shall have endorsements to cover against loss and/or damage by fire, lightning, explosion, earthquake, volcanism, tsunami, storm, cyclone, flood, inundation, landslide, ground subsidence, existing underground cables and/or pipes or other underground facilities, bursting or overflowing of water tanks, apparatus or pipes, aircraft and other aerial devices or articles dropped therefrom, strike, riot and civil commotion, malicious damage, trespass, cessation of work whether total or partial, vibration and weakening of support. Unless separately required by the Contractor at his own cost, the CAR Insurance policy will exclude cover for construction plant, tools and equipment owned or hired by the Contractor or any sub-contractor. The Employer shall keep such Works so insured notwithstanding any arrangement for Sectional Completion under Clause 21.0 or Partial Possession under Clause 16.0. The insurance policy shall be valid up to the Completion Date and the extended maintenance cover shall be for the Defects Liability Period plus a further three (3) Months. If the Contractor is unable to complete by the Completion Date or complete making good the Defects within the insured period, the Employer shall ensure that the insurance is accordingly extended for the same period of delay. The Employer shall effect the said extension of the insurance cover not less than one (l) Month before the expiry of the insurance currently in force. Where deductibles are specified in the Appendix or in the insurance policy, the Contractor shall bear the amount of all deductibles. The insurance policy shall also include the endorsement under Clauses 19. I(a) to (d).

Additional risks 20.B.2 Any additional risks or endorsements which vary from those stated in Clause 20.B.l shall required by the be specified in the Contract Bills, and the Employer shall ensure that the risks specified in Contractor the Contract Bills are covered by the CAR Insurance policy. If the Contractor having regard to his indemnity to the Employer under Clause 18.0, desires to have further additional endorsements to the insurance in addition to the risks specified, he shall do so at his own cost.

Maintenance of 20.B.3 The Employer shall maintain a proper insurance policy against the aforesaid risks and such policy and receipt for the last premium paid for its renewal shall, upon the request of the Contractor, be produced for his inspection.

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Failure of 20.B.4 If the Employer at any time upon the request of the Contractor fails to produce any receipt Employer to showing such a policy as aforesaid to be effective, then the Contractor may take out and insure maintain in the joint names of the Employer, Contractor, subcontractors and all interested parties, the CAR Insurance policy as required under Clauses 20.B.l and 20.B.2. The Contractor upon production of the receipt of any premium paid by him shall be entitled to have the amount added to the Contract Sum.

Application of 20.B.5 Upon the occurrence of any loss and/or damage to the Works or unfixed materials and insurance claim goods prior to Practical Completion of the Works from any cause whatsoever proceeds notwithstanding that settlement of any insurance claim has not been completed, the Contractor shall with due diligence restore, replace or repair the same, remove and dispose of any debris and proceed with the carrying out and completion of the Works. All money if and when received from the insurance under this clause shall be paid in the first place to the Employer. The Employer shall retain the amount paid by the insurance companies in respect of professional fees for reinstatement and pay the balance to the Contractor and/or Nominated Sub-Contractors by installments under separate certificates issued by the Architect. The Contractor shall not be entitled to any additional payments in respect of the restoration of the damaged work and replacement or repair of any unfixed materials and goods and the removal and disposal of debris other than the monies received under the aforesaid insurance.

Insurance Of Existing Building Or Extension - By The Employer

Employer's risks Without prejudice to the Contractor's liability to indemni-5.I the Employer under Clause - existing 18.0, the Employer shall, as a condition precedent to the commencement of any work under building or the Contract, take out and maintain in the joint names of the Employer, Contractor, sub-

extension

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confractors and all interested parties a CAR Insurance policy for a value not less than the Contract Sum, plus the value of the existing structure together with all the contents owned by the Employer or for which he is responsible, the sum to cover professional fees for reinstatement and the sum to cover the removal of debris all as stated in the Appendix. Unless covered by the standard CAR Insurance policy, the insurance shall have endorsements to cover against loss and/or damage by fire, lightning, explosion, earthquake, volcanism, tsunami, storm, cyclone, flood, inundation, landslide, ground subsidence, existing underground cables and/or pipes or other underground facilities, bursting or overflowing of water tanks, apparatus or pipes, aircraft and other aerial devices or articles dropped therefrom, strike, riot and civil commotion, malicious damage, trespass, cessation of work whether total or partial, vibration and weakening of support. Unless separately required by the Contractor at his own cost, the CAR Insurance policy will exclude cover for construction plant, tools and equipment owned or hired by the Contractor or any subcontractor. The Employer shall keep such Works so insured notwithstanding any arrangement for Sectional Completion under Clause 21.0 or Partial Possession under Clause 16.0. The insurance policy shall be valid up to the Completion Date and the extended maintenance cover shall be for the Defects Liability Period plus a further three (3) Months. If the Contractor is unable to complete by the Completion Date or complete making good the Defects within the insured period, the Employer shall ensure that the insurance is accordingly extended for the same period of delay. The Employer shall effect the said extension of the insurance cover not less than one (I) Month before the expiry of the insurance currently in force. Where deductibles are specified in the Appendix or in the insurance policy, the Contractor shall bear the amount of all deductibles. The insurance policy shall also include the endorsement under Clauses 19.1 (a) to (d).

Additional risks 20.c.2 Any additional risks or endorsements which vary from those stated in Clause 20.C.l shall required by be specified in the Contract Bills, and the Employer shall ensure that the risks specified in Contractor the Contract Bills are covered by the CAR Insurance policy. If the Contractor having regard to his indemnity to the Employer under Clause 18.0, desires to have further additional endorsements to the insurance in addition to the risk specified, he shall do so at his own cost.

Maintenance of 20.c.3

The Employer shall maintain a proper insurance policy against the aforesaid risks and such insurance by policy and receipt for the last premium paid for its renewal shall, upon the request of the Employer Contractor, be produced for his inspection.

Failure of 20.c.4

If the Employer at any time upon the request of the Contractor fails to produce any receipt

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Employer to showing as aforesaid to be effective, then the Contractor may take out and maintain in the insure joint names of the Employer, Contractor, sub-contractors and all interested parties, the CAR Insurance policy as required under Clauses 20.C.l and 20.C.2. The Contractor upon production of the receipt of any premium paid by him shall be entitled to have the amount added to the Contract Sum.

Upon the occurrence of any loss and/or damage to the Works or unfixed materials and insurance claim goods prior to Practical Completion of the Works from any cause whatsoever proceeds notwithstanding that settlement of any insurance claim has not been completed, the Contractor shall with due diligence restore, replace or repair the same, remove and dispose of any debris and proceed with the carrying out and completion of the Works including the reinstatement of the existing structure. All money if and when received from the insurance under this clause shall be paid in the first place to the Employer. The Employer shall retain the amount paid by the insurance companies in respect of professional fees for reinstatement and pay the balance to the Contractor and/or Nominated SubContractors by installments under separate certificates issued by the Architect. The Contractor shall not be entitled to any additional payments in respect of the restoration of the damaged work and replacement or repair of any unfixed materials and goods and the removal and disposal of debris other than the monies received under the aforesaid insurance.

Application of 20.c.5

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21.0 Date Of Commencement, Postponement And Completion Date

Commencement 21.1 On the Date of Commencement, possession of the Site shall be given to the Contractor who Completion shall commence the execution of the Works and regularly and diligently proceed with and complete the same on or before the Completion Date. In the event there is a delay by the Employer in giving possession of the Site to the Contmctor, the Architect shall grant an extension of time under Clause 23.8(g). Provided always that the delay in giving possession of the Site does not exceed the Period of Delay stated in the Appendix, the Contractor shall not be entitled to determine his own employment under the Contract.

21.2 Where there are different Dates of Commencement for sections of the Works, these shall be Commencement stated in the Appendix.

21.3 Where there are different Completion Dates for sections of the Works stated in the Contract Documents, the Architect shall issue a Certificate of Sectional Completion when the sections of the Works are Practically Completed. Only the provisions in the Contract in regard to Practical Completion and the Defects Liability Period under Clause 15.0, extension of time under Clause 23.0, Liquidated Damages under Clause 22.0 and release of Retention Fund under Clause 30.6 shall apply with necessary changes as if each such section was a separate and distinct contract. or

21.4 'Ihe Architect may issue an Al in regard to the postponement or suspension of all or any the part of the Works to be executed under the Contract for a continuous period not exceeding the Period of Delay stated in the Appendix. If the insurance is covered by the Contractor under Clauses 19.0 and 20.A, the Contractor shall ensure full insurance coverage for the whole period of postponement or suspension or if the insurance is covered by the Employer under Clause 20.B or 20.C, the Employer shall ensure similar insurance coverage.

22.0 Damages For Non-Completion

22.1 If the Contractor fails to complete the Works by the Completion Date, and the Architect is of the opinion that the same ought reasonably so to have been completed, the Architect shall issue a Certificate of Non-Completion. Upon the issuance of the Certificate of Non-

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Completion Completion, the Contractor shall pay or allow to the Employer a sum calculated at the rate stated in the Appendix as Liquidated Damages for the period from the Completion Date to the date of Practical Completion. The Employer may recover such sum as a debt or may deduct such sum from any monies due or to become due to the Contractor under the Contract or the Employer may recover such sum from the Performance Bond. The Employer shall inform the Contractor in WTiting of such deduction or such debt due from the Contractor. The imposition of Liquidated Damages by the Employer shall not be taken into account by the Architect in the issuance of payment certificates and Final Certificate, and is not subject to the set-off procedures under Clause 30.4 and adjudication.

22.2 The Liquidated Damages stated in the Appendix is a genuine preestimate of the loss and/or damage which the Employer will suffer in the event that the Contractor is in breach of amount Clauses 21.0 and 22.0. The parties agree that by entering into the Contract, the Contractor shall pay to the Employer the said amount, if the same becomes due without the need for the Employer to prove his loss and/or damage unless the contrary is proven by the Contractor.

22.3 In the event the Architect issues a Certificate of Extension of Time under Clauses 23.4, Completion 23.9 and 23.10 which has the effect of fixing a Completion Date which is later than the date stated in a Certificate of Non-Completion previously issued, such certificate shall have the effect of revoking the Certificate of Non-Completion earlier issued. The Employer shall then revise the amount of Liquidated Damages he is entitled to retain. In the event the amount of Liquidated Damages retained exceeds the amount the Employer is entitled to retain, he shall repay the surplus amount to the Contractor within the Period of Honouring Certificates from the date of the latest Certificate of Extension of Time. If the Works is not completed by the Completion Date stated in such Certificate of Extension of Time, the Architect shall issue a funher Certificate ofNon-Completion.

23.0 Extension Of Time

23.1 If the Contractor is of the opinion that the completion of the Works is or will be delayed beyond the Completion Date by any of the Relevant Events stated in Clause 23.8, he may time apply for an extension of time provided always that:

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23.16) the Contractor shall give written notice to the Architect his intention to claim for such extension of time together with an initial estimate of the extension of time he may require supported with all particulars of the cause of delay. Such notice must be given within twenty eight (28) Days from the date of the Al, CAI or the commencement of the Relevant Event, whichever is earlier. The giving of such written notice shall be a condition precedent to an entitlement of extension of time; and

23.10) within twenty eight (28) Days of the end of the cause of delay, the Contractor shall send to the Architect his final claim for extension of time duly supported with all particulars to enable the Architect to assess any extension of time to be granted. If the Contractor fails to submit such particulars within the stated time (or within such longer period as may be agreed in writing by the Architect), it shall be deemed that the Contractor has assessed that such Relevant Event will not delay the completion of the Works beyond the Completion Date.

23.2 Where the particulars of the written notice given under Clause 23.1 include references to Sub- Nominated Sub-Contractors, the Confractor shall forthwith send a copy of such written notice and particulars to the Nominated Sub-Contractor concerned.

23.3

If the Architect is of the opinion that the particulars submitted by the Contractor are insufficient to enable him to decide on the application for extension of time, the Architect shall within twenty eight (28) Days from receipt of the Contractor's particulars under Clause 23.10), infonn him of any deficiency in his submission and may require the Contractor to provide such further particulars within a further twenty eight (28) Days or within such period of time as may be stated by the Architect in

23.4

When the Contractor has submitted sufficient particulars for the Architect's consideration, the Architect shall subject to Clauses 23.5, 23.6 and 23.8, consider the Contractor's submission and shall either reject the Contractor's application with reasons or issue a Cenificate of Extension of Time with details within six (6) Weeks from the receipt of sufficient particulars. The Architect may issue the written notice of rejection or the Certificate of Extension of Time before or aner the Completion Date.

23.5 In assessing the extension of time, the Architect may take into account the following:

time 23.5(a) the effect or extent of any work omitted under the Contract, provided always that the Architect shall not fix a Completion

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Date earlier than the Completion Date stated in the Appendix; and

23.5(b) any other Relevant Events which in the Architect's opinion will have an effect on the Contractor's entitlement to an extension of time.

23.6 The Contractor shall constantly use his best endeavour to prevent or reduce delay in the progress of the Works, and to do all that may reasonably be required to prevent and reduce delay or further delay in the completion of the Works beyond the Completion Date.

23.7 The Architect shall notifr every Nominated Sub-Contractor in writing of each decision of

the Architect when fixing a Eater Completion Date.

Events 23.8 The following are the Relevant Events referred to in Clause 23.0:

23.80 Force Majeure;

23. 8(b) exceptionally inclement weather;

23.80 loss and/or damage occasioned by one or more of the contingencies referred to in Clause 20.A, 20.B or 20.C as the case may be, provided always that the same is not due to any negligence, omission, default and/or breach of contract by the Contractor and/or Nominated Sub-Contractors;

23.8(d) civil commotion, strike or lockout affecting any of the trades employed upon the Works or any of the trades engaged in the preparation, manufacture or transportation of any materials and goods required for the Works;

23.80 the Contractor not having received in due time the necessary documents under Clauses 3.3(a) and 3.3(b);

23.8(0 the Contractor not having received in due time the necessary Al (including those for or in regard to the expenditure of P.C. Sums and Provisional Sums, further drawings, details, levels and any other information) for which he had specifically applied in to the Architect. The Contractor's application must be submitted to the Architect in sufficient time before the commencement of construction of the affected works, to enable the Architect to issue the necessary Al within a period which would not materially affect the progress of the affected works, having regard to the Completion Date. Provided always that the Al was not required as a result of any negligence, omission, default and/or breach of contract by the Contractor and/or Nominated Sub-Contractors;

23.8(g) delay by the Employer in giving possession of the Site or any section of the Site in accordance with Clauses 21.1 and 21.2;

23.8(h)compliance with Al issued by the Architect under Clauses 1.4, 1 1.2 and 21.4;

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23.8(i) delay on the part of Nominated Sub-Contractors for the reasons set out in Clauses 21.4(a) to 21.4(x) of the PAM Sub-Contract 2018;

23.8(j)re-nomination of Nominated Sub-Contractors as set out in Clause 27.11;

23.8(k) delay on the part of craftsmen, tradesmen or other contractors employed or engaged by the Employer in executing work not forming part of the Contract or the failure to execute such work;

23.8(1) delay or failure in the supply of materials and goods which the Employer had agreed to supply for the Works;

23. 8(m) the opening up for inspection of any work covered up, testing any materials, goods or executed work in accordance with Clause 6.3, unless the inspection or test: is provided for in the Contract Bills; shows that the works, materials and goods were not in accordance with the Contract; or is required by the Architect in consequence of some prior negligence, omission, default and/or breach of contract by the Contractor;

23.80)any act of prevention or breach of contract by the Employer;

23.8(0)war damage under Clause 32.1 ;

23.8(p) compliance with Al issued in connection •with the discovery of antiquities under Clause 33.1;

23. 8(q) compliance with any changes to any law, regulations, by-law or terms and conditions of any Appropriate Authority and Service Provider;

23.86) delay caused by any Appropriate Authority and Service Provider in carrying out, or failure to carry out their work which affects the Contractor's 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-Contractors;

23.86)appointment of a replacement Person under Articles 3, 4, 5 and 6;

23.80 compliance with Al issued in connection with disputes with neighbouring property owners provided always that such dispute is not caused by negligence, omission, default and/or breach of contract by the Contractor and/or Nominated Sub-Contractors;

23.80 delay as a result of the execution of work for which a Provisional Quantity is included in the Contract Bills which in the opinion of the Architect is not a reasonably accurate forecast of the quantity of work required;

23.8(v) failure of the Employer to give in due time entry to or exit from the Site or any pan through or over any land,

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by way of passage adjoining or connected to the Site and in possession or control of the Employer;

23.80) suspension by the Contractor of his obligations under Clauses 30.7 and 30.8;

23.8(x) suspension of the whole or part of the Works by order of an Appropriate Authority provided the same is not due to any negligence, omission, default and/or breach of contract by the Contractor and/or Nominated SubContractors; and 23.89 any other ground for extension of time expressly stated in the Contract.

Extension of time 23.9 Where a Relevant Event occurs after the issuance of the Certificate of Non-Completion, the after the issuance Architect shall, subject to Clauses 23.1 to 23.7, grant an extension of time. The extension of of Certificate of time granted shall be added to the Completion Date of the Works or any section of the

Non-Completion Works.

Architect's 23.10 The Architect may within twelve (12) Weeks after the date of Practical Completion review review of and fix a Completion Date later than that previously fixed, if in his opinion the fixing of extension of time such later Completion Date is fair and reasonable having regard to any of the Relevant after Practical Events, whether upon reviewing a previous decision or otherwise and whether or not a Completion Relevant Event has been specifically notified by the Contractor under Clause 23. l. No such final review of extension of time shall result in a decrease in any extension of time already granted by the Architect. In the event the fixing of such later Completion Date affects the amount of Liquidated Damages the Employer is entitled to retain, he shall repay any surplus amount to the Contractor within the Period of Honouring Cenificates.

24.0

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Loss And/Or Expense Caused By Matters Affecting The Regular Progress Of The Works

Loss and/or 24.1 Where the regular progress of the Works or any section of the Works has been or is likely expense caused to be materially affected by any of the matters expressly referred to in Clause 24.3, and the by matters Conffactor has incurred or is likely to incur loss and/or expense which could not be

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reimbursed by a payment made under any other provision in the Contract, the Contractor regular progress of the Works

affecting the

may make a claim for such loss and/or expense provided always that:

24.1 (a) the Contractor shall give written notice to the Architect of his intention to claim for such loss and/or expense together with an initial estimate of his claim duly supported with all necessary calculations. Such notice must be given within twenty eight (28) Days from the date of the Al, CAI or the start of the occurrence of the matters referred to in Clause 24.3, whichever is the earlier. The giving of such written notice shall be a condition precedent to any entitlement to loss and/or expense that the Contractor may have under the Contract and/or Common Law: and 24. I(b) within twenty eight (28) Days after the matters referred to in Clause 24.3 have ended, the Contractor shall send to the Architect and Quantity Surveyor, complete particulars of his claim for loss and/or expense together with all necessary calculations to substantiate his claims. If the Contractor fails to submit the required particulars within the stated time (or within such longer period as may be agreed in writing by the Architect), it shall be deemed that the Contractor has waived his rights for loss and/or expense.

Access to 24.2 The Contractor shall keep contemporaneous records of all his claims for loss and/or Contractor's expense and shall submit all particulars to the Architect. The Architect and Quantity books and Surveyor shall have access to all books, documents, reports, papers or records in the documents possession, custody or control of the Contractor that are material to the claim and the Contractor shall provide free of charge, a copy each to the Architect and Quantity Surveyor when requested. All such documents shall remain available in accordance with this clause until all claims have been resolved. The Contractor shall use his best endeavour to ensure that all such documents in the possession, custody or control of sub-contractors and/or suppliers that are material to the claim are similarly available.

Matters materially 24.3 The following are the matters referred to in Clause 24.1 : affecting the 24.30 the Contractor not having received in due time the necessary documents under

regular progress of the Works

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Clauses 3.3(a) and 3.3(b);

24.3(b) the Contractor not having received in due time the necessary Al (including those for or in regard to the expenditure of P.C. Sums and Provisional Sums, further drawings, details, levels and any other information) for which he had specifically applied in writing to the Architect. The Contractor's application must be submitted to the Architect in sufficient time before the commencement of construction of the affected works, to enable the Architect to issue the necessary Al within a period which would not materially affect the progress of the affected works, having regard to the Completion Date. Provided always that the Al was not required as a result of any negligence, omission, default and/or breach of contract by the Contractor and/or Nominated Sub-Contractors;

24.30 delay by the Employer in giving possession of the Site or any section of the Site in accordance with Clauses 21.1 and 21.2; 24.3(d) compliance with a written instruction issued by the Architect in regard to the postponement or suspension of all or any part of the Works to be executed under Clause 21.4; 24.3(e) delay on the part of craftsmen, tradesmen or other contractors employed or engaged by the Employer in executing work not forming part of the Contract or the failure to execute such work;

24.3(f) delay or failure in the supply of materials and goods which the Employer had agreed to supply for the Works; 24.3(g) the opening up for inspection of any work covered up, testing any materials and goods or executed work in accordance with Clause 6.3, unless the inspection or test showed that the works, materials and goods were not in accordance with the Contract or was in the opinion of the Architect required in consequence of some prior negligence, omission, default and/or breach of contract by the Contractor;

24.3(h) any act of prevention or breach of confract by the Employer;

24.3(i) delay as a result of a compliance with Al issued in connection with the discovery of antiquities under Clause 33.1 ;

24.30) appointment of a replacement Person under Articles 3, 4, 5 and 6;

24.3(k) compliance with a written instruction issued by the Architect in connection with disputes with neighbouring property owners provided always that the same is not caused by negligence, omission, default and/or breach of contract by the Contractor and/or Nominated Sub-Contractors;

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24.30) by reason of the execution of work for which a Provisional Quantity is included in the Contract Bills which in the opinion of the Architect is not a reasonably accurate forecast of the quantity of work required; 24.3(m) failure of the Employer to give in due time entry to or exit from the Site or any part through or over any land, by way of passage adjoining or connected to the Site and in the possession or control of the Employer; 24.30 suspension by the Contractor of his obligations under Clauses 30.7 and 30.8; and 24.3(0) suspension of the whole or part of the Works by order of an Appropriate Authority provided always that the same is due to negligence or omission on the part of the Employer, Architect or Consultant.

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Subject to the Contractor complying with Clause 24.1, the Architect or Quantity Surveyor expense to be shall ascertain the amount of such loss and/or expense. Any amount so ascertained from included in time to time for such loss and/or expense shall be added to the Contract Sum, and if an certificate Interim Certificate is issued after the date of ascertainment, such amount shall be included in the certificate.

Loss and/or

25.0 Determination Of Contractor's Employment By Employer

The Employer may determine the employment of the Contractor if the Contractor defaults Contractor in any of the following:

Defaults by 25.1

25.16) if without reasonable cause, he fails to commence the Works in accordance with the Contract;

25.1 (b) if without reasonable cause, he wholly or substantially suspends the carrying out of the Works before completion;

25.10if he fails to proceed regularly and/or diligently with the Works;

25.1(d) if he persistently refuses or neglects to comply with an Al; 25.10if he fails to comply with the provisions in Clause 17.0; or 25.1(f)if he has abandoned the Works.

Upon the occurrence of any default under Clause 25.1, and if the Employer decides to determination determine the Contractor's employment, the Employer or Architect on his behalf shall give to the Contractor a written notice delivered by hand or by registered post specifring the default. If the Contractor shall continue with such default for fourteen (14) Days from the receipt of such written notice, then the Employer may, within ten (10) Days from the expiry of the said fourteen 04) Days, by a further written notice delivered by hand or by registered post, forthwith determine the employment of the Contractor under the Contract. Provided always that such notice shall not be given unreasonably or vexatiously.

Procedure for 25.2

Contractor's 25.3

In the event of the Contractor becoming insolvent or making a composition or arrangement insolvency with his creditors, or have a winding up order made, or (except for purposes of reconstruction or amalgamation) a resolution for voluntary winding up, or having a liquidator or receiver or manager of his business or undertaking duly appointed, or having possession taken by or on behalf of the holders of any debentures secured by a floating charge, or of any property comprised in or subject to the floating charge, the employment of the Contractor shall be forthwith automatically determined.

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25.4 In the event that the employment of the Contractor is determined under Clause 25.1 or 25.3, of Employer and Contractor the following shall be the respective rights and duties of the Employer and Contractor:

Rights and duties

25.46) the Contractor shall vacate the Site and return possession of the Site to the Employer who may employ and pay other Person to carry out and complete the Works and to make good any defects. Such Person may enter upon the Works and use all temporary buildings, construction plant, tools, materials and goods intended for, delivered to and placed on or adjacent to the Site (except those construction plant that is on hire by the Contractor) and may purchase all materials and goods necessary for the carrying out and the completion of the Works. The Contractor if so required by the Employer or by the Architect on behalf of the Employer shall within twenty one (21) Days of the date of determination, assign to the Employer the benefit of any agreement for the continuation of the hire of construction plant and equipment already on the

25.4(b) the Contractor if so required by the Employer or Architect, shall within twenty one (21) Days of the date of determination, assign to the Employer without payment the benefit of any agreement for the supply of materials, goods and/or for the execution of any work for the purposes of the Contract to the extent that the same is assignable;

25.4@) the Contractor when insh•ucted in MTiting by the Architect shall remove from the Works any temporary buildings, construction plant, tools, equipment, materials and goods belonging to or hired by him. If within a reasonable time after any such instruction has been issued to the Contractor, and he has not complied therewith, then the Employer may without liability remove and sell any such property belonging to the Contractor except those that are on hire and hold the proceeds less all costs incurred to the credit of the Contractor; and

25.4(d) the Contractor shall allow or pay to the Employer all cost incurred to complete the Works including all loss and/or expense suffered by the Employer. Until after the completion of the Works under Clause 25.4(a), the Employer shall not be bound by any provision in the

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Contract to make any further payment to the Contractor, including payments which have been certified but not yet due but excluding payments which have been certified and are due but remain unpaid when the employment of the Contractor was determined. Upon completion of the Works, an account taking into consideration the value of works carried out by the Confractor and all cost incurred by the Employer to complete the Works including loss and/or expense suffered by the Employer shall be incorporated in a final account prepared in accordance with Clause

25.6.

Records of 25.5 The Architect or Quantity Surveyor shall within twenty eight (28) Days of the Works determination of the Contractor's employment, give a written notice to the Contractor of the date of inspection on Site to jointly record the extent of the Works executed and the materials and goods delivered to the Site. The Contractor shall provide all necessary assistance to the Architect and Quantity Surveyor to perform their task. Upon completion of the record by the Architect or Quantity Surveyor, a copy shall be sent to the Contractor and such records shall form the basis for the evaluation of the value of the works executed and materials and goods delivered to the Site by the Contractor up to the date of determination.

Final Account 25.6 The Architect or Quantity Suweyor shall within three (3) Months on the availability of the upon final cost incurred to complete the Works, submit to the Employer and Contractor for their determination agreement, a final account for all cost incurred to complete the Works including the sums previously certified to the Contractor before the date of determination, Liquidated Damages, set-off and all other loss and/or expense suffered.

25.60 If nothing in the said final account is disputed by the Employer or Contractor within three (3) Months from the date of receipt of the final account from the Architect or Quantity Surveyor, the final account shall be conclusive and deemed agreed by the parties. If the amount in the final account exceeds the total amount which would have been payable on completion in accordance with the Contract, the difference shall be a debt payable to the Employer by the Contractor or where applicable, the Employer may recover such sum from the Performance Bond. If the said amount is less than the said total amount, the difference shall be a debt payable to the Contractor by the Employer.

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25.6(b) If either party has any dispute on the final account, the party disputing the final account shall by written notice to the other party (with copies to the Architect and Quantity Surveyor) set out any disagreement complete with particulars within three (3) Months of the date of receipt of the final account from the Architect or Quantity Surveyor. The Architect or Quantity Surveyor within three (3) Months from the date of receipt of the grounds of dispute shall either amend or not amend the final account. Any party disæreeing with the amended final account or decision not to amend the final account shall refer the dispute to arbitration under Clause 37.0 within three (3) Months from the date of receipt of the amended final account or decision not to amend the final account. Failure to refer the dispute to arbitration within the stipulated time, the final account or amended final account shall deem to be conclusive and agreed by the parties.

25.60 Any dispute on Liquidated Damages, set-off and interest which the Employer is entitled to make under the Contract shall be referred to arbitration.

Remedy limited 25.7 Upon receipt of a written notice by the Contractor from the Employer to determine the to damages only employment of the Contractor, the Contractor shall yield possession of the Site within fourteen (14) Days from the receipt of the said written notice and shall remove his personnel and labour force (but not construction plant, tools and equipment unless so instructed by the Architect) from the Site. Irrespective of the validity of the said written notice the Contractor's remedy shall be limited to compensation for damages only.

Employer's 25.8 The provisions of Clause 25.0 are without prejudice to any other rights and/or remedies rights and remedies not prejudiced

which the Employer may possess.

26.0 Determination Of Own Employment By Contractor

The Contractor may determine his own employment if the Employer defaults in any of the Employer following:

Defaults by 26.1

26.1 (a) if the Employer fails or neglects to pay the Contractor the amount due on any certificate (less any Liquidated Damages and set-off which the Employer is expressly entitled to make under the Contract) within the Period for Honouring Certificates;

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26. I (b) if the Employer interferes with or obstructs the issue of any certificate by the Architect;

26.1(c) if the Employer fails to nominate a succeeding Architect or Consultant in accordance with Articles 3, 4, 5 and 6; or

26. I (d) if before the date of Practical Completion, the carrying out of the whole or substantially the whole of the uncompleted Works is suspended for a continuous period of time exceeding that stated in the Period of Delay stated in the Appendix by reason of:

26.1 26.1

Al issued by the Architect under Clause 1.4, 21.1 or 21.4 unless the instruction is issued to recti$' any negligence, omission, default and/or breach of contract by the Contractor or Nominated SubContractors;

26.1 26.1

the Contractor not having received in due time the necessary Al (including those for or in regard to the expenditure of P.C. Sums and Provisional Sums, further drawings, details, levels and any other information) for which he had specifically applied in writing to the Architect. The Contractor's application must be submitted to the Architect in sufficient time before the commencement of construction of the affected works, to enable the Architect to issue the necessary Al within a period which would not materially affect the progress of the affected works, having regard to the Completion Date. Provided always that the Al was not required as a result of any negligence, omission, default and/or breach of contract by the Contractor and/or Nominated Sub-Contractors;

delay on the part of craftsmen, tradesmen or other contractors employed or engaged by the Employer in executing work not forming part of the Contract or the failure to execute such work; or

the opening up for inspection of any work covered up or to arrange for or carry out any testing of any work, materials and goods in accordance with Clause 6.3 unless the inspection or test showed that the work, materials and goods were not in accordance with the Contract, or the inspection

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and/or test was in the opinion of the Architect required in consequence of some prior negligence, omission, default and/or breach of contract by the Contractor.

Procedure for 26.2

Upon the occurrence of any default under Clause 26.1, and if the Contractor decides to determination determine his own employment then, the Contractor shall give to the Employer a MTitten notice delivered by hand or by registered post specifying the default. If the Employer shall continue with such default for fourteen (14) Days from the receipt of such written notice then, the Contractor may within ten (10) Days from the expiry of the said fourteen (14) Days, by a further iWitten notice delivered by hand or by registered post forthwith determine his own employment under the Contract. Provided always that such notice shall not be given unreasonably or vexatiously.

Employer's 26.3 In the event of the Employer becoming insolvent or making a composition or arrangement insolvency with his creditors, or have a winding up order made, or (except for the purposes of reconstruction or amalgamation) a resolution for voluntary winding up, or having a liquidator or receiver or manager of his business or undertaking duly appointed, or having possession taken by or on behalf of the holders of any debentures secured by a floating charge, or of any property comprised in or subject to the floating charge, the employment of the Contractor shall be forthwith automatically determined.

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Rights and duties 26.4 In the event that the employment of the Contractor is determined under Clause 26. I or 26.3, of Contractor and Employer the following shall be the respective rights and duties of the Contractor and Employer:

26.40 the Contractor shall within fourteen (14) Days or within such longer period as may be agreed in MTiting by the Architect, remove from the Site all his temporary buildings, construction plant, tools, materials and goods and Shakl give facilities for his Nominated Sub-Contractors to do the same; and

26.40) the Employer shall allow or pay to the Contractor the total value of work properly executed and the value of materials and goods supplied including any loss and/or expense suffered by the Contractor caused by such determination.

Records of 26.5 The Contractor shall within twenty eight (28) Days of the determination of his own Works employment, give a notice to the Architect and Quantity Surveyor of the date of inspection on Site to jointly record the extent of the Works executed and the materials and goods delivered to the Site. Upon completion of the record by the Contractor, a cåpy shall be sent to the Employer, Architect and Quantity Surveyor and such records shall form the basis for the evaluation of the value of the works executed and materials and goods delivered to the Site by the Confractor up to the date of determination.

Settlement of 26.6 The Contractor shall within six (6) Months after determination of his own employment, accounts submit to the Employer, Architect and Quantity Surveyor for the Employer's agreement, a final account for the total value of work properly executed, the value of materials and goods supplied and loss and/or expense suffered by the Contractor caused by such determination.

26.60 If nothing in the said final account is disputed by the Employer within three (3) Months from the date of receipt of the final account from the Contractor, the final account shall be conclusive and deemed agreed by the parties. If the amount in the final account exceeds the sums previously paid to the Contractor under the Contact (less any Liquidated Damages and set-off which the Employer is expressly entitled under the Contract), the balance shall be a debt payable to the Contractor by the Employer within the Period of Honouring Certificates. If the said amount is less than the said sum, the difference shall be a debt payable to the Employer by the Contractor or where applicable, the Employer may recover such difference from the Performance Bond.

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26.6(b) If the Employer disputes the final account, the Employer shall give written notice to the Contractor setting out any disagreement complete with particulars within three (3) Months of the date of receipt of the final account from the Contractor. The Contractor shall within three (3) Months from the date of receipt of the grounds of dispute, either make such amendment to the final account as in his opinion may be appropriate, or decide not to amend the final account. In the event the Employer disagrees with the amended final account or the decision not to amend the final account, the Employer shall refer the dispute to arbitration under Clause 37.0 within three (3) Months from the date of receipt of the amended final account or decision not to amend the final account. Failure to refer the dispute to arbitration within the stipulated time, the final account or amended final account shall deem to be conclusive and agreed by the parties.

Contractor's 26.7 The provisions of Clause 26.0 are without prejudice to any other rights and/or remedies rights and remedies not prejudiced

which the Contractor may possess.

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27.0 Nominated Sub-Contractors

27.1 The following provisions shall apply where P.C. Sums are included in the Contract Bills or Provisional Sums arise as a result of an Al given in regard to the expenditure of Provisional Sums in respect

P.C. Sums and

- Nominated Sub- of a Person to be nominated by the Architect to supply and fix materials and goods or to Contractors execute works. Such sums shall be expended in favour of such Person as the Architect shall instruct, and such Person who is nominated by the Architect is hereby referred to as 'Nominated Sub-Contractor" employed by the Contractor. If the Nominated SubContractor proposes any alternative design to the sub-contract drawings or if the subcontract leaves any matter of design, specification or choice of materials, goods and workmanship to the Nominated Sub-Contractor, the Nominated Sub-Contractor and not the Contractor shall be responsible to ensure that such sub-contract works are fit for its purpose.

Nomination of 27.2

The Architect shall not nominate any Person as Nominated SubContractor against whom sub-contractor the Contractor makes reasonable objection in accordance with Clause 27.3. The Contractor shall make such reasonable objection in not later than fourteen (14) Days from receipt of the nomination instruction from the Architect. The Architect shall not nominate (except where the Architect and Contractor otherwise agree) any Person who will not enter into a contract with the Contractor based upon the terms and conditions of the PAM SubContract 2018 which provides inter alia: 27.20 that the Nominated Sub-Contractor carry out and complete the sub-contract works in every respect to the reasonable satisfaction of the Contfactor and Architect and in conformity with all reasonable directions and requirements of the Contnctor;

27. 2(b) that the Nominated Sub-Contractor observe, perform and comply with all the provisions of the Contract which the Contractor is obliged to perform and comply with so far as they relate and apply to the sub-contract works;

27.20 that the Nominated Sub-Contractor indemnify the Contractor against the same liabilities in respect of the sub-contract works as those for which the Contractor is liable to indemnify the Employer under the Contract;

27.2(d) that the Nominated Sub-Contractor indemnify the Contractor against claims in respect of any negligence, omission or default of his sub-contractors, his servants or agents or any misuse by him or them of any

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construction plant, access, scaffolding, temporary works, appliances or other property belonging to or provided by the Contractor;

27.2(e) that the sub-contract works be completed within the period or periods specified and the Contractor shall not without the written recommendation of the Architect grant any extension of time for the completion of the subcontract works caused by any of the Relevant Event stated in Clause 21.4 of the PAM Sub-Contract 2018. Where the delays are caused by any negligence, omission, default and/or breach of the sub-contract by the Contractor, the Contractor is solely responsible under Clause 21.6 of the PAM SubContract

2018 to assess and grant an extension of time to the Nominated SubContractor;

27.2(f) that when the Contractor and Nominated Sub-Contractor consider that the subcontract works have been practically completed, they shall request the Architect to issue a certificate to the effect, and if the Architect is of the opinion that the sub-contract works have been completed in accordance with the provisions of Clause 17.1 of the PAM Sub-Contract 2018, the Architect shall forthwith issue a certificate to the effect;

27.2(g) that if the Nominated Sub-Contractor fails to complete the sub-contract works within the sub-contract completion date or within any extended time granted by the Contractor, and the Contractor aner having given a written notification to the Nominated SubContractor that the sub-contract works ought reasonably so to have been completed, the Nominated Sub-Contractor shall pay or allow to the Contractor loss and/or expense suffered by the Contractor or an agreed Liquidated Damages;

27.2(h) that payment to Nominated Sub-Contractor shall be made within seven (7) Days after the Period of Honouring Certificates and shall be subject to the retention and deductions expressly provided under the PAM Sub-Confract 2018; and

27. 2(i) that the Architect, Consultants and their authorised representatives shall have the right of access to the workshops

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and other places of the Nominated SubContractor in accordance with the provisions of Clause 11.2 of the PAM SubContlact 2018.

Objection to 27.3 Subject to Clause 27.4, the Contractor shall not be required to enter into a sub-contract with nomination of any Nominated Sub-Contractor against whom the Contractor has made a reasonable sub-contractor objection based on available known facts and documented evidence that the financial standing or solvency or technical competence of the Nominated Sub-Confractor is such that a prudent contractor, having regard to the scope of sub-contract works would be justified in rejecting the nomination.

Action following 27.4 Where the Architect is of the opinion that the Contractor has made a reasonable objection, objection of the Architect may either issue further written instructions to remove the objection so that Nominated Sub- the Contractor can enter into the sub-contract, or cancel such nomination instruction and Contractor issue an instruction omitting the work which was the subject of the nomination instruction or re-nominate another sub-contractor for the sub-contract works.

Payment by 27.5 The Architect shall direct the Contractor as to the total value of work properly executed and Contractor to include the percentage of the value of the materials and goods stated in the Appendix in the Nominated Sub- calculation of the amount stated to be due in any certificate issued under Clause 30.0, and Contractors shall at the same time when the certificate is issued, inform the Nominated Sub-Contractor in wöting of the amount of the said total value. The sum representing such total value (less any retention and deductions expressly provided under PAM Sub-Contract 2018) shall be paid by the Contractor to the Nominated Sub-Contractor within seven (7) Days after the Period of Honouring Certificates.

Failure of 27.6 The Architect may at any time before the issuance of any Interim and Penultimate Contractor to Certificate, request the Contractor to furnish to him reasonable proof that all amounts stated pay Nominated as due and included in the previous certificates have been discharged. The Contractor shall

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Sub-Contractors provide such proof within fourteen (14) Days of the Architect's request. If the Contractor has any reasons for withholding any Nominated Sub-Contractor's payments under Clauses 16.1 and 26.13 of the PAM Sub-Contract 2018, he shall provide the Architect written details of his compliance. If the Contractor fails to comply with the Architect's request within fourteen (14) Days, the Architect may (but not obliged to) issue a certificate stating the amount in respect of which the Contractor has failed to provide such proof. Where the Architect has so certified, the Employer may (but not obliged to) pay such amounts directly to the Nominated Sub-Contractor and deduct the same from any sums due or to become due to the Contractor. The Architect may issue the aforesaid certificate irrespective of whether or not an Interim Certificate under Clause 30.0 is due for issuance.

Final payment to 27.7 If the Architect wishes to make final payment to any Nominated SubContractor before Nominated Sub- final payment is due to the Contractor, and if the Nominated SubContractor has Contractors indemnified the Contractor against all of his liabilities under the Nominated Sub-Contract, the Architect shall issue a certificate to the Contractor and the Contractor shall pay to such Nominated SubContractor the amount so certified fess any retention and deductions expressly provided under PAM Sub-Contract 2018. Upon such final payment, the Retention Fund shall be reduced by the sum of the retention released to the Nominated SubContractor.

Determination of 27.8 The Contractor shall not determine the employment of any Nominated Sub-Contractor the Nominated without the written consent of the Architect. If the Contractor intends to determine the Sub-Contractor's employment of the Nominated Sub-Contractor, the Contractor shall send to the Architect a employment written report stating the Nominated Sub-Contractor's default with a copy to the Nominated Sub-Contractor. The Architect may request that the Nominated Sub-Contractor respond to the Contractor's report before he decides whether or not to give his written consent.

Contractor's 27.9 The Contractor shall be fully responsible to ensure that all Nominated Sub-Contractors responsibility for carry out the sub-contract works in accordance with the Nominated Sub-Contract and in Nominated Sub- compliance therewith provide designs (if any), materials, goods and standards of Contractors workmanship of the quality and standard specified therein to the reasonable satisfaction of the Architect.

Employer no Neither the existence of or the exercise of the foregoing provisions nor anything else privity of contained in the Contract shall create a privity of contract between the Employer and any of

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the Nominated Sub-Contractors.

If the employment of a Nominated Sub-Contractor is determined by the Contractor with the sub-contractor written consent of the Architect, the Architect shall re-nominate another Nominated Subdue to Contractor. In the event, the Contrmtor shall be entitled to be paid such difference (if any) determination by between the sum payable to the Contractor and the new Nominated Sub-Contractor and the the Contractor sum payable to the previous Nominated Sub-Contractor after taking into consideration of any sum that will be recoverable from the defaulting Nominated Sub-Contractor under Clause 27.13. An extension of time under Clause 23.8(j) may be granted to the Contractor but the Contractor shall not be entitled to any damages, loss and/or expense.

Re-nomination of

Re-nomination of 27.12

If a Nominated Sub-Contractor deterrnines his own employment under the Nominated Subsub-contractor Contract due to negligence, omission, defauft or breach of the Contractor, the Architect due to shall re-nominate another Nominated Sub-Contractor. In the event, the Contractor shall be determination by paid the same sum as would have been payable to the previous Nominated Sub-Contractor. the Nominated The Contractor will be liable to pay the new Nominated SubContractor any additional cost Sub-Contractor to complete the Sub-Contract Works and to pay the Employer for all additional costs incurred in re-nomination and loss and/or expense suffered by the Employer by such determination. The Contractor shall not be entitled to any extension of time unless and until the Contractor has established that the determination by the Nominated Sub-Contractor of his own employment is invalid. In the event the determination by the Nominated SubContractor of his own employment has been established to be invalid by arbitration or litigation, Clause 27.11 will apply.

In the event the Architect consents to determine the employment of the Nominated Subrecover Contractor under Clause 27.1 1, the Contractor shall recover all additional expenses additional (including any additional expenses incurred by the Employer) from the Nominated Subexpenses from Contractor as a debt or from any monies due or to become due to the Nominated Sub-

Contractor to

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Nominated Sub- Contractor and failing which, the Contractor may recover such sum from the Nominated Contractor Sub-Contractor's Performance Bond.

Where the Contractor carries out works for which P.C. Sums and Provisional Sums are permitted to included in the Contract Bills, the Contractor shall be permitted to tender for the same. If tender for P.C. the tender of the Contractor for such work is accepted, it shall be considered as a Variation Sums and the Contractor shall not be entitled to profit and attendance charges as priced under the relevant P.C. Sum, notwithstanding the provision of Clause 30.11 (c).

Contractor 27.14

The Architect may omit any P.C. Sums, which are included in the Contract Bills, provided prior consent of the Contractor has been obtained. The Employer shall only be permitted to award the works related to such P.C. Sums to any other contractors with the consent of the Contractor.

28.0 Nominated Suppliers

The following provisions of this clause shall apply where P.C. Sums are included in the Provisional Sums Contract Bills or arise as a result of an Al given in regard to the expenditure of Provisional - Nominated Sums in respect of Person to be nominated by the Architect to supply any materials and Suppliers goods to be fixed by the Contractor. Such Person as the Architect shall instruct is referred to as "Nominated Supplier".

P.C. Sums and 28.1

Nominated 28.2

The Architect shall not nominate any Person as a Nominated Supplier against whom the Suppliers and Contractor makes a reasonable objection in accordance with Clause 28.3. The Contractor their obligations shall make such reasonable objection in writing not later than fourteen (14) Days from receipt of the nomination instruction from the Architect. The Architect shall not nominate (except where the Architect and Contractor otherwise agree) any Person who will not enter into a contract of sale which provides inter alia: 28. 2(a) that the materials and goods to be supplied shall be of the quality and standard specified, provided always that where approval of the quality and standard of material is a matter of opinion of the Architect, such quality and standard shall be to the reasonable satisfaction of the Architect;

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28.2(b) that the Nominated Supplier shall make good by replacement or otherwise any defects in the materials and goods supplied which appear within the Defects Liability Period and shall bear any expenses reasonably incurred by the Contractor as a direct consequence of such defects provided always that:

28.2(b)(i) where the materials and goods have been used or fixed, such defects are not such that examination by the Contractor ought to have revealed them before using or fixing; or

such defects are due solely to defective workmanship, materials and goods supplied and not caused by misuse, improper storage or any act or neglect by the Contractor; 28.20 that the delivery of the materials and goods supplied shall commence and be completed in accordance with a delivery programme to be agreed between the Contractor and Nominated Supplier, or at such times as the Contractor may reasonably direct;

28.2(d) that the ownership of materials and goods shall pass to the Contractor upon delivery by the Nominated Supplier, whether or not payment has been made in full; and 28.20 that payment to Nominated Supplier shall be made within seven (7) Days after the Period of Honouring Certificates and shall be subject to the retention by the Contractor under Clause 28.5.

Objection to 28.3 Subject to Clause 28.4, the Contractor shall not be required to enter into a supply contract nomination of with any Nominated Supplier against whom the Contractor has made a reasonable suppliers objection based on the available loown facts and documented evidence that the financial standing or solvency or technical competence of the Nominated Supplier is such that a prudent contractor, having regard to the scope of the supply contract would be justified in rejecting the nomination.

Action following 28.4 Where such reasonable objection is made, the Architect may either issue further objection of instructions to remove the objection so that the Contractor can enter into the supply contract suppliers or cancel such nomination or instruction and issue an instruction omitting the materials and goods which was the subject of the nomination insffuction or re-nominate another Nominated Supplier.

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Value of 28.5 The Architect shall direct the Contractor as to the total value of materials and goods materials and supplied by a Nominated Supplier which has been included in any certificate issued under goods supplied Clause 30.0, and shall at the same time when the certificates are issued, inform the by Nominated Nominated Supplier in writing of the amount of the said total. The Contractor shall retain Suppliers from the sums included for the value of materials and goods the percentage of such value stated in the Appendix as Percentage of Certified Value Retained up to an amount not exceeding five (5) percent of the Nominated Supplier's sum. The Contractor's interest in any sums so retained shall be fiduciary as trustee for the Nominated Supplier (but without obligation to invest); and the Contractor's beneficial interest in such sums shall be subject only to the right of the Contractor to have recourse from time to time for payment of any amount which he is entitled under the nominated supply contract to deduct from any sum due or to become due to the Nominated Supplier. Upon the Architect having certified the release of the Retention Fund under Clause 30.6, such sums shall be released to the Nominated Supplier within seven (7) Days after the Period of Honouring Certificate and that if and when such sums are released to the Nominated Supplier, they shall be paid in full.

Payment to 28.6 All payments in respect of the value of materials and goods supplied by a Nominated

Nominated Supplier shall be made within seven (7) Days after the Period of Honouring Certificates and Suppliers shall be subject to the retention by the Contractor under Clause 28.5.

Contractor's 28.7 The Contractor shall be fully responsible for any negligence, omission, default and/or liability for breach of contract by the Nominated Supplier and the Employer shall in no circumstances Nominated Suppliers be liable to the Contractor.

Employer no 28.8 Neither the existence of or the exercise of the foregoing provisions nor anything else privity of contained in the Confract shall create a privity of contract between the Employer and any of Contract with Nominated Suppliers

the Nominated Suppliers.

29.0 Works By Craftsmen, Tradesmen Or Other Contractors Employed Or Engaged By Employer

Works by 29.1 The Contractor shall permit the execution of work not forming part of the Contract on the

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Employer's Works by craftsmen, tradesmen or other contractors engaged by the Employer. Such craftsmen craftsmen, tradesmen or other contractors engaged by the Employer shall be deemed to be a Person for whom the Employer is responsible and not to be a sub-contractor of the Contractor.

30.0 Certificates And Payment

Payment

30.1

The Contractor shall submit a payment application at the Interim Claim Interval stated in application and the Appendix with complete details and particulars as required by the Architect and issuance of Quantity Surveyor, to enable them to consider and ascertain the amount to be included in an Architect's Interim Certificate. Upon receipt of the Contractor's details and particulars, the Architect certificate after having received the payment valuation from the Quantity Surveyor shall, within twenty one (21) Days from the date of receipt of the Contractor's application, issue an Interim Certificate to the Employer with a copy to the Contractor, and the Employer shall thereafter pay the amount certified to the Contractor within the Period of Honouring Certificates. Any failure by the Contractor to submit a payment application shall be deemed to be a waiver of his contractual entitlement for that Interim Certificate, and the Architect may or may not issue an Interim Cenificate under the circumstances. After the issuance of the Certificate of Practical Completion, Interim Certificates shall be issued as and when further amounts are ascertained by the Architect and Quantity Surveyor as paydble to the Contractor by the Employer.

Amount due in 30.2

The amount stated as due in an Interim Certificate shall, subject to any ayeement between Architect's the parties as to stage payments, be the total value of the work properly executed and certificate include the percentage of the value of materials and goods stated in the Appendix up to the date of the Contractor's payment application less any amount which may be retained by the Employer under Clauses 30.5 and 30.6 and, less the amounts previously certified under Clause 30.1. The materials and goods must be for incorporation into the permanent works and have been delivered to and properly stored at the Site and be protected against loss, damage or deterioration, and be in accordance with the Contract. The certificate shall only include the value of materials and goods which are reasonably, properly and not prematurely brought to the Site.

Save for clerical, computational or typographical error or errors of a similar nature, the payment Architect shall not be entitled to revise or correct any payment certificate issued by him

Errors in 30.3

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certificate under the Contract. Provided always that the Architect may, by a later certificate, make correction or modification in respect of any valuation errors in any earlier certificate.

Set-off by 30.4 The Employer shall be entitled to set-off all cost incurred and loss and expense where it is Employer expressly provided under Clauses 2.4, 4.4, 5.1, 6.5(e), 6.7, 14.4, 15.3(b) 15.3(c), 15.4, 15.5, 19.5 and 20.A.3. No set-off under this clause may be made unless: 30.40 the Architect or Quantity Surveyor (on behalf of the Employer) has submitted to the Contractor complete details of their assessment of such set-off, and

30.40 the Employer or the Architect on his behalf has given the Confractor a written notice delivered by hand or by registered post, specifring his intention to setoff the amount and the grounds on which such set-off is made. Unless expressly stated elsewhere, such 'Witten notice shall be given not later than twenty eight (28) Days before any set-off is deducted from any payment by the Employer.

Any set-off by the Employer shall be recoverable from the Conffactor as a debt or from any monies due or to become due to the Contractor under the Contract and/or from the Performance Bond.

If the Contractor after receipt of the written notice from the Employer or the Architect on his behalf, disputes the amount or part of the amount of set-off, the Contractor shall within twenty one (21) Days of receipt of such written notice, send to the Employer delivered by hand or by registered post a statement setting out the reasons and particulars for such disayeement. If the parties are unable to agree on the amount or part of the amount of setoff within a further twenty one (21) Days after the receipt of the Contractor's response, either party may refer the dispute to adjudication under Clause 36.0.

The Employer shall only be entitled to set-off the amount or part of the amount not disputed by the Contractor. The Employer shall not be entitled to set-off the disputed amount until the adjudicator has issued his decision.

Retention Fund 30.5 The Employer may retain the percentage of the total value of the work, materials and goods referred to in Clause 30.2, which is stated in the Appendix as Percentage of Certified Value Retained.

Rules regarding Retention Fund 30.6

The amount retained under Clause 30.5 shall be subjected to the following rules:

Suspension of 30.7

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30.60 the Employer's interest in any amount so retained shall be fiduciary as trustee for the Contractor, Nominated SubContractors and Nominated Suppliers (but without obligation to invest) and the Contractor's, Nominated SubContractors' and Nominated Suppliers' beneficial interest shall be subject only to the right of the Employer to have recourse from time to time for payment of any amount as the Architect may certiö,' that he is entitled under the Contract to deduct from such sum due or to become due to the Contractor, Nominated SubContractors and Nominated Suppliers. In the event any of the party elects to demand in from the Employer (with a copy to the Architect) for such Retention Fund to be paid into a trust account, such flind shall be paid by the Employer within fourteen (14) Days into an escrow account to be held by a stakeholder appointed by the party making the application. All incidental costs of setting up such a trust account shall be bome by the Contractor or Nominated Sub-Contractors or Nominated Suppliers as the case may bq;

30.6(b) when the Employer exercises any right under the Contract to deduct from any monies due to or become due to the Contractor or where applicable, the Nominated Sub-Contractors or Nominated Suppliers, he shall inform the relevant party in writing of the reason for that deduction;

30.60 upon the issuance of the Certificate of Practical Completion, the Architect shall within fourteen (14) Days issue a certificate for the release of one half of the Retention Fund and the Contractor shall be entitled to payment thereafter within the Period of Honouring Certificates; and

30.6(d) upon the issuance of the Certificate of Making Good Defects, the Architect shall within fourteen (14) Days issue a certificate for the residue of the amount then so retained and the Contractor shall be entitled to payment within the Period of HonourinÉ Certificates.

Without prejudice to the Contractor's right to determine his own employment under Clause

Works for non- 26.0, if the Employer fails or neglects to pay the Contractor the amount due as shown in the

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payment payment certificate (less any Liquidated Damages and set-off which the Employer is expressly entitled to make under the Contract) and continue such default for fourteen (14) Days from the receipt of a written notice delivered by hand or by registered post from the Contractor stating that if payment is not made within the fourteen (14) Days, the Contractor may by a further iuftten notice delivered by hand or by registered post, forthwith suspend the execution of the Works until such time payment is made. Provided always that such notice shall not be given unreasonably or vexatiously.

Compulsory 30.8 If the Architect and/or Consultant inform the Contractor in writing of their withdrawal from suspension of the supervision of the execution of the Works required under the local building by-laws for Works whatever reasons, the Contractor shall forthwith suspend the execution of the Works and continue such suspension until the resumption of the said supervision.

Cessation 30.9

If the Contractor suspends the Works in accordance with the provisions of Clauses 30.7 and insurance 30.8, he shall secure and protect the Works during the period of suspension and ensure that resulting from there is separate cessation insurance cover for all the risks specified in Clauses 19.0 and suspension of the 20.A or 20.B or 20.C for the whole period of suspension. The cost incurred for such Works protection and cessation insurance cover shall be added to the Contract Sum.

Final Account 30.10 Within six (6) Months after Practical Completion of the Works, the Contractor shall send to the Architect and Quantity Surveyor, all documents necessary for preparing the Final Account, including all documents relating to the accounts of Nominated Sub-Contractors (if these had not been submitted earlier under the Nominated SubContract) and Nominated Suppliers. Such documents shall contain all the latest construction drawings and details (bound together), details of all quantities, rates and prices and any adjustment of the Contract Sum and additional payment or compensation claimed by the Contractor under the Contract together with any explanation and supporting vouchers, documents and calculations, which may be necessary to enable the Final Account to be prepared by the Architect and Quantity Surveyor. The Final Account shall be completed within six (6) Months from receipt of all the documents from the Contractor. The period for completion of the Final Account shall be adjusted if there is any delay by the Contractor in sending the necessary documents. In the event the Contractor fails to submit all documents necessary • for preparing the Final Account, the

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Items in Final Account

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Architect or Quantity Surveyor shall nevertheless complete and issue the same based on the information available within the Period to complete the Final Account stated in the Appendix. On completion of the Final Account, the Architect or Quantity Surveyor shall then send a copy of the document to the Employer and Contractor.

30. If nothing in the said Final Account is disputed by the Employer or Contractor within three (3) Months from the date of receipt of the Final Account from the Architect or Quantity Surveyor, the Final Account shall be conclusive and deemed agreed by the parties.

30.100) If either party disputes the Final Account, the party disputing the Final Account shall by written notice to the other party (with copies to the Architect and Quantity Surveyor) set out any disagreement complete with particulars within three (3) Months of the date of receipt of the Final Acgount from the Architect or Quantity Surveyor. The Architect or Quantity Surveyor within three (3) Months from the date of receipt of the grounds of dispute shall either amend or not amend the Final Account. Any party disagreeing with the amended Final Account or decision not to amend the Final Account shall refer the dispute to arbitration under Clause 37.0 within three (3) Months from the date of receipt of the amended Final Account or decision not to amend the Final Account. Failure to refer the dispute to arbitration within the stipulated time, the Final Account or amended Final Account shall deem to be conclusive and agreed by the parties.

30.10(c) Any dispute on Liquidated Damages, set-off and interest which the Employer is entitled to make under the Contract shall be referred to arbitration.

The Final Account of the Works shall show:

30.116)the adjustment made to the Contract Sum;

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30.110) the amounts to which the Architect considers that the Contractor is entitled under the express provisions of the Contract;

30.1 1 (c) the omission of all P.C. Sums and the related profit provided by the Contractor in the Contract Documents and the substitution of the amounts payable by the Employer to the Nominated Sub-Contractors and Nominated Suppliers together with the pro-rata amount for profit; and

30.11(d) the adjustment of Provisional Sums and omission of any Provisional Sums if not expended.

The following shall not be included in the Final Account and are matters to be resolved separately between the Employer and Contractor:

30.11 (e) any Liquidated Damages imposed by the Employer under Clause 22. l ;

30.110 set-off by the Employer where it is expressly provided in the Contract under Clause 30.4; and

30.11(g) interest payable by either of the panies to the other party under Clause 30.17.

Conclusiveness of 30.12 Unless a uqitten notice for arbitration shall have been given under Clause 37.0 by either the Final party within the stipulated time stated in Clause 30.10, the Final Account or the last Account amended Final Account shall be conclusive and deemed agreed by the parties other than any outstanding items to be resolved separately between the Employer and Contractor under Clauses 30.1 1 (e) to 30.11 (g), except where the Final Account is erroneous by reason of:

30.12(a) fraud, dishonesty or fraudulent concealment relating to the Works; or any arithmetical errors in any computation.

Issuance of The Architect may issue a Penultimate Certificate for the release of the retention sums and Penultimate any other outstanding sums for all Nominated Sub-Contractors and/or Nominated Suppliers

Certificate not later than fourteen (14) Days after the Certificate of Making Good Defects has been issued.

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Issuance of Final Certificate 30.14 The Final Certificate shall be issued:

30.14(a) within twenty one (21) Days after the Period of Honouring Certificates for the payment of the Penultimate Certificate; or 3().14(b) within twenty eight (28) Days aner the Certificate of Making Good Defects has been issued, in the event no Penultimate Certificate has been issued.

Final Certificate

The Final Certificate shall state: 30.15(a)the Final Account; less 30.15(b) the total sums certified in previous payment certificates (whether paid or not paid) to the Contractor; and the difference, if any, between the sums shall be the balance due to the Contractor by the Employer or conversely as the case may be. The balance shall be payable by the Employer to the Contractor within the Period of Honouring Certificates or if it is a debt payable by the Contractor to the Employer, shall be payable by the Contractor within the Period of Honouring Cenificates. The Architect shall not be obliged to issue the Final Certificate before the issuance of a Certificate of Making Good Defects.

*Ihe Final Certificate shall be conclusive on the final value of the Works with the exception not conclusive of any outstanding claims between the Employer and Contractor under Clause 30.11. The Final Certificate shall not be conclusive evidence that any work, materials and goods to which it relates and designs (if any) executed by the Contractor and/or Nominated SubContractors are in accordance with the Contract.

Final Certificate 30.16

Interest

If the Employer fails to pay the Contractor the amount due on any certificate (less any Liquidated Damages and set-off which the Employer is expressly entitled to make under the Contract) after the Period of Honouring Certificates, or the Contractor owes a debt or fails to pay any sum due and owing to the Employer within twenty'-one (21) Days after receipt of written notification by the Employer of such debt or amount owing, a simple interest based on the Maybank Base Lending Rate plus one (I) percent shall be payable by the defaulting party on such outstanding amount until the date payment is made.

31.0 Outbreak Of Hostilities

If during the currency of the Contract there is an outbreak of hostilities (whether war is determination by declared or not) in which Malaysia is involved on a scale involving the general mobilisation Employer or of the Malaysian Armed Forces in which the Works are to be carried out, then either the

Hostilities - 31.1

Contractor

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Employer or Contractor may at any time by notice delivered by hand or by registered post to the other, forthwith determine the employment of the Contractor under the Contract.

Notices of 31.2 Provided always that such written notice shall not be given: determination

31.26) before the expiration of twenty eight (28) Days from the date on which the order is given for general mobilisation as aforesaid; or

3 1.2(b) after Practical Completion of the Works unless the Works have sustained war damage as defined in Clause 32.2.

Al regarding 31.3 After a written notice under Clause 31.1 has been given by either the Confractor or the protective work Employer, the Architect may within fourteen (14) Days issue Al to the Contractor requiring the execution of protective work and the Contractor shall comply with such Al, as if written notice of determination had not been given.

If the Confractor for reasons beyond his control is prevented from completing the work to which the said Al relate within three (3) Months from the date on which the Al was issued, he may abandon such work.

Upon the expiration of fourteen (14) Days from the date on which notice of resulting from determination has been given by either party under Clause 31. l, or where on completion of determination the works required by the Architect under Clause 31.3, or abandonment as the case may be of any such work, the provisions of Clause 26.4 shall apply.

Payment 31.4

32.0 War Damage

In the event of the Works or any unfixed materials and goods intended for, delivered to and following war placed on or adjacent to the Works sustain war damage then notwithstanding anything

Procedures 32.1

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damage expressed or implied elsewhere in the Contract:

32.1 (a) the occurrence of such war damage shall be disregarded in computing any amounts payable to the Contractor under or by virtue of the Contract;

32.1 (b) the Architect may issue Al requiring the Contractor to remove and/or dispose of any debris and/or damaged work and/or to execute such protective work as specified;

32.1(c) the Contractor shall reinstate or make good such war damage and shall proceed with the carrying out and completion of the Works, and the Architect shall grant to the Contractor a fair and reasonable extension of time for the completion of the Works; and

32.1 (d) the removal and disposal of debris or damaged work, the execution of protective works and the reinstatement and making good of such war damage shall be deemed to be a Variation required by the Architect.

Definition of war 32.2 The expression "war damage" means: damage

32.2(a) damage occurring (whether accidentally or not) as the direct result of action taken by the enemy or action taken in combating the enemy or in repelling an attack by the enemy;

32. 2(b) damage occurring (whether accidentally or not) as a direct result of measures taken under proper authority to avoid the spreading of or otherwise to mitigate, the consequence of such damage as aforesaid;

32.20 accidental damage occurring as the direct result of any precautionary or preparatory measures taken under proper authority with a view to preventing or hindering the carrying out of any attack by the enemy or of precautionary or preparatory measures involving the doing of work in anticipation of enemy action involving a substantial degree of risk to property.

33.0 Antiquities

All fossils, antiquities and other objects of interest or value which may be found on the Site property of or in excavating the same during the progress of the Works shall become the property of the Employer Employer. Upon discovery of such objects the Contractor shall forthwith cease work and shall not disturb the object and take all necessary precautions to preserve the object in the exact position and condition

Antiquities 33.1

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as it was discovered. He shall immediately notiö' the Architect or the Site Staff of the discovery and the Architect shall issue written instmction in this regard to what has to be done.

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34.0

Mediation

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Mediation under 34. I Upon the written agreement of both the Employer and Contractor, the parties may refer any PAM rules dispute for mediation. If the parties fail to agree on a mediator after twenty one (21) Days from the date of the written agreement to refer the dispute to mediation, any party can apply to the President of Pertubuhan Akitek Malaysia to appoint a mediator. Upon appointment, the mediator shall initiate the mediation in accordance with the current edition of the PAM Mediation Rules or any modification or revision to such rules.

Mediation shall 34.2 Prior reference of the dispute to mediation under Clause 34.1 shall not be a condition not prejudice the precedent for its reference to adjudication or arbitration by either the Contractor or parties' rights to Employer, nor shafl any of their rights to refer the dispute to adjudication under Clause 36.0 adjudication or or arbitration under Clause 37.0 of these Conditions be in any way prejudiced or affected arbitration by this clause.

35.0 Expert Determination

Disputes on all 35.1 At any time, the parties by written agreement may refer any disputes on all matters for matters determination by an expert.

Expert 35.2 If the parties fail to agree on an expert after fourteen (14) Days from the date of the written determination agreement, any party can apply to the President of Pertubuhan Arkitek Malaysia to appoint under PAM an expert. Upon appointment, the expert shall initiate the expert determination in Rules accordance with the current edition of the PAM Expert Determination Rules or any modification or revision to such rules.

Expert 35.3 Prior reference of the dispute under Clause 35.1 shall not be a condition precedent for its determination reference to adjudication or arbitration by either the Contractor or the Employer, nor shall shall not any of their rights to refer the dispute to adjudication under Clause 36.0 or arbitration under prejudice the parties' rights to adjudication or arbitration

Clause 37.0 of these Conditions be in any way prejudiced or affected by this clause.

36.0 Adjudication

Set-off dispu tes 36.1 Reference to adjudication is a condition precedent to arbitration for disputes under Clause referred to 30.4. Any dispute under Clause 3().4 after the date of Practical Completion shall be referred adjudication to arbitration under Clause 37.0.

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Notice to refer to 36.2 Where a party requires a dispute or difference under Clause 36.1 to be referred to adjudication adjudication, such disputes or differences shall be referred to an adjudicator to be agreed between the parties. If after the expiration of twenty one (21) Days from the date of the written notice to concur on the appointment of the adjudicator, there is a failure to on the appointment, the party initiating the adjudication shall apply to the President of Pertubuhan Akitek Malaysia to appoint an adjudicator, and such adjudicator so appointed shall be deemed to be appointed with the ayeement and consent of the parties to the Contract. Adjudication 36.3 Upon appointment, the adjudicator shall initiate the adjudication in accordance with the Rules current edition of the PAM Adjudication Rules or any modification or revision to such rules.

Decision of the 36.4 If a party disputes the adjudicator's decision, he shall nevertheless be bound by the adjudicator adjudicator's decision until Practical Completion but shall give a written notice to the other party to refer the dispute which was the subject of the adjudication to arbitration within six (6) Weeks from the date of the adjudicator's decision. The adjudicator's decision shall be final and binding on the parties if the dispute on the adjudicator's decision is not referred to arbitration within the stipulated time. The parties may settle any dispute with the adjudicator's decision by ayeement between the parties or by arbitration under Clause 37.1.

37.0 Arbitration

Disputes referred 37.1 In the event that any dispute or difference arises between the Employer and Contractor, to arbitration either during the progess or after completion or abandonment of the

Works regarding: 37.16) any matter of whatsoever nature arising under or in connection with the Contract;

37.1(b) any matter left by the Contract to the discretion of the Architect;

37.10 the withholding by the Architect of any certificate to which the Contractor may claim to be entitled to;

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37.10 the rights and liabilities of the parties under Clause 25.0, 26.(), 31.0 or 32.0; or

37.10 the unreasonable withholding of consent or agreement by the Employer or Contractor, then such disputes or differences shall be referred to arbitration.

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Upon the disputes or differences having arisen then: arbitrator 37.20 any party may serve notice on the other party that such disputes or differences shall be referred to an arbitrator to be agreed between the parties; and 37.2(b) if after the expiration of twenty one (21) Days from the date of the notice to concur on the appointment of the arbitrator, there is a failure to agree on the appointment, the party initiating the arbitration shall apply to the President of Pertubuhan Akitek Malaysia to appoint an arbitrator, and such arbitrator so appointed shall be deemed to be appointed with the agreement and consent of the parties to the Contract.

Procedures for appointment of 37.2

Arbitration Act 37.3 Upon appointment, the arbitrator shall initiate the arbitration proceedings in accordance and Rules with the provisions of the Arbitration Act 2005 or any statutory modification or reenactment to the Act and the current edition of the PAM Arbitration Rules or any modification or revision to such rules. Powers of arbitrator 37.4 The arbitrator shall without prejudice to the generality of his powers, have power: 37.46) 37.40) 37.4(c) 37.4(d) 37.4@) 37.4(f) 37.4(g)

to rectify the Contract so that it accurately reflects the t-ue agreement made by the Employer and Contractor; to direct such measurements and/or valuations as may in his opinion be desirable in order to determine the rights of the parties;

to ascertain and award any sum which ought to have been the subject of or included in any certificate; to open up, review and revise any certificate, opinion, decision, requirement, or notice; to determine all matters in dispute submitted to him in the same manner as if no such certificate, opinion, decision, requirement or notice had been given; to award interest from such dates at such rates and with such rests as he thinks fit: on the whole or part of any amount awarded by him in respect of any period up to the date of the award;

on the whole or part of any amount claimed in the arbitration and outstanding at the commencement

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of the arbitral proceedings but paid before the award was made, in respect of any period up to the date of payment; and

to award interest from the date of the award (or any later date) until payment, at such rates and with such rests as he thinks fit on the outstanding amount of any award.

Consolidation of 37.5

Commence ment of arbitration proceeding

Arbitratorts award to be

fin al an d bin din g on par ties Noti ce

Where any dispute arises between the Employer and Contractor and the dispute relates to arbitration the works of a Nominated Sub-Contractor and arises out of or is connected with the same proceedings dispute between the Contractor and such Nominated Sub-Contractor, the Employer and Contractor shall use their best endeavour to appoint the same arbitrator to hear the dispute under Clause 31.3 of the PAM Sub-Contract 2018.

Notice deem served

Proof of Notice

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Written communicati on Submission of Performance Bond 37.6 37.7 38.0 38.1 38.2 38.3

38.4 39.0 39.1 Unle ss with the agee men t of the Emp loye r and Cont ract or, such arbit ratio n proc eedi ngs shall not com men ce until afte r Prac tical Com pleti on or alleg ed Prac tical Com pleti on of the Wor

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ks or determination or alleged determination of the Contractor's employment under the Contract or abandonment of the Works except on:

37.66) the question of whether or not the issuance of an instruction is empowered by these Conditions;

37. 6(b) any dispute or difference under Clauses 3 1.0 and 32.0;

37.60 whether or not a certificate has been improperly withheld or not in accordance with these Conditions; or

37.6(d) whether or not a payment to which the Contractor may claim to be entitled has been properly withheld in accordance with these Conditions.

The award of such arbitrator shall be final and binding on the parties.

Notice

Any notice or other document to be given under the Contract shall be given or sent by:

38.1 (a) hand; 38.1 (b)ordinary mail or registered post;

38.I (c) facsimile transmission; or 38.1(d) by electronic transmission.

Any written notice or other document shall be deemed to have been duly served upon and received by the addressee:

38.2(a)if delivered by hand, at the time of delivery;

38. 2(b) if sent by ordinary mail or registered post, after three (3) Days of posting;

38.20 if transmitted by way of facsimile transmission, at time of transmission; or

38. 2(d) if transmitted by way of electronic transmission, at time of transmission.

In proving the giving of a written notice or any other document under or in respect of the Contract, it shall be sufficient to show:

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38.30 in the case of hand delivery, a signed acknowledge ment of receipt; 38. 3(b) in the case of registered post, a receipt of posting from the Post Office;

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38. 3 0 i n t h e c a s e o f f a c s

imile transmission, that the facsimile transmission was duly transmitted from the dispatching terminal, as evidenced by a transmission report generated by the transmitting equipment; or

38.3(d) in the case of electronic transmission, that the electronic transmission was duly transmitted from the dispatching terminal, as evidenced by a transmission report generated by the transmitting equipment.

All written communication shall be sent to the address stated in the Articles of Agreement unless otherwise notified in writing.

Performance Bond

The Contractor shall before the Date of Commencement of the Works, submit to the Employer a Performance Bond for a sum equivalent to the percentage stated in the Appendix as a security for the due performance and observance the Contractor of his by obligations under the Contract up to Practical Completion of the Works.

Form of the 39.2 The Perfornance Bond shall be in the form issued in the terms and conditions specified in Performance Bond the Contract or otherwise approved by the Employer.

Validity of the 39.3

The Performance Bond submitted by the Contractor shall remain valid until three (3) Performance Months after the Completion Date. Where the Works would not be completed by the Bond Completion Date, the Contractor shall before the expiry of the Performance Bond, extend the duration of the Performance Bond to expire three (3) Months after the projected Practical Completion of the Works.

Failure to extend 39.4

If the Contractor fails to provide or maintain the validity of the Performance Bond in the validity accordance with this clause, then without prejudice to any other rights and remedies which the Employer may possess, the Employer shall be entitled to withhold or deduct an amount equal to the Performance Bond from any payment due or to become due to the Contractor.

Payments from 39.5

In the event the Employer determines the employment of the Contractor in accordance with the Performance Clause 25.0, or if there is any breach of the Contract, and subject to the Architect certiWing

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SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Bond such breach by the Contractor, the Employer may call on the Performance Bond and utilise and make payments out of or deduction from the Performance Bond for the completion of and/or rectification of the Works and reimbursement of loss, and/or expense suffered by the Employer. On completion of the Works, any balance of monies remaining from the Performance Bond shall be refunded to the Contractor without interest.

Return of 39.6

In the event the Contractor determines his own employment in accordance with Clause Performance 26.0, the Employer shall within fourteen (14) Days retum the Perfonnance Bond to.. the Bond Contractor for cancellation.

40.0 Governing Law

Governing Law 40.1 The law governing the Contract shall be the Laws of Malaysia.

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SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Defects Liability Period [if none other stated is twelve

(12) Months from the day stated in the Certificate of Practical Completion of the Works]

Insurance cover for accidental bodily injury to or illness of third parties (whether fatal or not), accidental loss of or damage to property belonging to third parties (the aggregate liability of the insurers shall be limited by nvice the limit of indemnity caused by any one occunence) [if none stated the insured liability shall be not less than RMI million]

Insurance deductible amount [if none stated shall be not more than RM50,OOO an occurrence]

Percentage to cover Professional fees for reinstatement [if none stated is a sum equivalent to 10% of the Contract Sum]

Amount for removal of Debris [if none stated is a sum not less than the equivalent of 1% of the Contract Sum]

Value of existing shucture together with all the contents owned by the Employer or for which he is responsible

Date of Commencement

Completion Date Liquidated Damages

Sectional Completion (*)

Clause 15.4 19.1 and 20.A or 20.B or 20.C 19.1 and 20.A or 20.B or 20.C 20.A or 20.B or 20.c 20.A or 20.B or 20.c 20.c 21.1 21.1 22.0 21.2

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

at the rate of RM per Day 2 3

Period of Delay [if none stated is a continuous period of three (3) Months]

Interim Claim Interval [if none stated is one (I ) Month]

Period of Honouring Certificates [if none stated is twenty one (21) Days from the date of the Certificate]

Percentage of the value of materials and goods included in the Certificate [if none stated is 100%]

is 5% of the value of work executed and materials on site included in the certificate]

Period to complete the Final Account [if none stated 30.10

shall be fifteen (15) Months from the date of Practical Completion]

Amount of Performance Bond [if none stated is 5% of the Contract Sum] 39.1

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SEE’S Design Studio

(*) Footnote - This is to be used when there are different completion datesfor identified sections or parts ofworks.

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com 117 | PAM Contract 2018 (With Quantities)

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Agreement And Conditions

PAM Contract 2018 (With Quantities) Between And

Dated the day of .

This Form is issued under the sanction and approval of Pertubuhan Akitek Malaysia

Copyright of Pertubuhan Akitek Malaysia 99L, Jalan Tandok, Bangsar 59100 Kuala Lumpur, Malaysia

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

6.2 Bill of Quantity

QUOTE TO Lot G130, G130A, F133A, 1 Utama Shopping Centre, City Centre, 1, Lebuh Bandar Utama, Bandar Utama, 47800 Petaling Jaya, Selangor.

BILL OF QUANTITIES

Quote # QT 20201002 Date 20/7/2021 Customer ID MD27072000 Valid until 31/8/2021

Approx. sqft/ft QTY UNIT Unit price Total(RM)

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Light Fittings & Electrical Fittings 2 Pendant light 1 set 100 100 3 12W LED Recessed Downlight with Round White Casing

SUBTOTAL

F WALL, COLUMN & PARTITION FINISHES

Approx. sqft/ft

QTY UNIT Unit price Total(RM) 1

Piano display area 2 Pendant light 1 set 100 100 3 12W LED Recessed Downlight with Round White Casing

SUBTOTAL

G DOORS Approx. sqft/ft

QTY UNIT Unit price Total(RM) 1

Light Fittings & Electrical Fittings 2 Pendant light 1 set 100 100 3 12W LED Recessed Downlight with Round White Casing

SUBTOTAL H

FLOOR FINISHES

Approx. sqft/ft

QTY UNIT Unit price Total(RM) 1

Light Fittings & Electrical Fittings 2 Pendant light 1 set 100 100 3 12W LED Recessed Downlight with Round White Casing

SUBTOTAL

I PAINTING WORKS

Approx. sqft/ft

QTY UNIT Unit price Total(RM)

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

2 Pendant light 1 set 100 100

3 12W LED Recessed Downlight with Round White Casing

SUBTOTAL

Notes:

1.The quotation stated here in this Quotation shall be valid for fourteen (14) days from the date here of.

2. Customer will be billed after indicating acceptance of this quote.

3. Payment will be due prior to delivery of service and goods.

Please make check payable to SEE’s Design Studio

SEE’s Design Studio Maybank, 164489705233

If you have any enquiries about this quotation, please contact: Li ting on Tel: +601115308972, seedesign@gmail.com

Issue By:

Client's chop and signature:

Tan Li Ting Yamaha Music (M) Sdn Bhd THANK YOU!

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

6.3 Invoice

Bill To

Yamaha Music (M) Sdn Bhd No.8, Jalan Perbandaran, Ss 6, 47301 Petaling Jaya, Selangor.

INVOICE

Date Invoice# 16/08/2021 99796

No Description

LS 1 4,200.00

Unit Amount(RM) 1 Design Fees Stage D – Contract Documentation (Quotation No: QT0008)

Subtotal 4,200.00 Tax (%)Total 4,200.00

Any outstanding balance over thirty days is subject to a monthly interest charge of 1.5% Any discrepancies regarding this invoice should be lodged within SEVEN (7) days Each of the price is including 6% sales and service tax (SST) All Cheques/bank draft to be crossed & maded payable to: See's Design Studio (RHB BANK A/C: 2500-50439417-6558

Issued by Client signature & chop

TAN LI TING MS JYNN

(Project Manager of SEE’s Design Studio)

( Head of Manager Director of Yamaha Music (M) Sdn Bhd)

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

6.4 Purchase Order

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

Vendor

Nippon Paint (M) Sdn.Bhd. Lot 1, 17, Jalan SU 4, Taman Perindustrian Subang Utama 40300 Shah Alam, Selangor.

Purchase Order

Date PO# 10/08/2021 PO20110303

Ship To

Yamaha Music Retail Store Lot G130, G130A, F133A, 1 Utama Shopping Centre, 47800 Petaling Jaya, Selangor.

Comments

Notes:

1. Please send two copies of your invoice. 2. Enter the order in accordance with the prices, terms, delivery method, and specifications listed above. 3. Please notify us immediately if you are unable to ship as specified.

If you have any enquiries about this purchase order, please contact: Tan Li Ting on Tel: +601115308972, seedesign@gmail.com

Issued by Client signature & chop

YONG JIA HAO

(Secretary of Nippon Paint (M) Sdn.Bhd.)

TAN LI TING

(Project Manager of SEE’s Design Studio)

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

SEE’S Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor. Tel: 03-77100110 seedesign@gmail.com

6.7 Handover Agreement

SEE’s Design Studio

47-03. Jalan Kenari 19a, Bandar Puchong Jaya, 47100 Puchong, Selangor.

Project Manager,

Yamaha Music (M) Sdn Bhd

No.8, Jalan Perbandaran, Ss 6, 47301 Petaling Jaya, Selangor.

10th December 2021

RE: HANDOVER AGREEMENT REGARDING PROJECT FOR YAMAHA MUSIC RETAIL STORE AT LOT G130, G130A, F133A, 1 UTAMA SHOPPING CENTRE, PETALING JAYA, SELANGOR.

To Ms. Tan Yi Jynn

This is a great pleasure that I can inform you that See's Design Studio has completed the design project for Yamaha Music Retail Store at Lot G130,G130A& F133A, 1 Utama Shopping Centre, Petaling Jaya, Selangor on the 10th of December 2021 as per planned, and would like to hand over this project to you.

The construction progress has gone smoothly with minimal defects and damages. All technical aspects were followed by stringent guidelines and abided the terms and conditions signed between both parties.

See's Design Studio would like to send our deepest appreciation towards Yamaha Music Retail Store for providing us this opportunity to be of help. We request your kind acknowledgment of this letter to proceed with further documentation and reference.

Sincerely,

TAN LI TING

Project Manager of SEE’s Design Studio