The document compares differences between the JKR 203A and PAM forms of construction contracts. The key differences are:
- JKR 203A is used for public sector projects while PAM is used for private sector projects. PAM only covers building works while JKR covers all engineering works.
- The period for honoring interim certificates is 30 days for JKR 203A and 21 days for PAM 2006.
- The PAM 2006 contract, unlike previous versions and JKR 203A, contains provisions allowing contractors to suspend work if they face delayed or non-payment from the employer.
2. PWD 203A Standard Form of Contract (Ed.1983)
This form of contract contain no expressed provision that allows the Contractor to
suspend the works if his payment was unduly delayed or he is not getting his
payment at all.
In the PWD203A Form of Contract (2007), it is stipulated that the period for
honouring the certificate is 30 days from the date of the issuance of the certificate.
Clause 30.1 of the PAM Form of Contract (2006) stated that the period of honouring
certificate is within 21 days after the issuance of the certificate. Any payment made
later than the stipulated time frame can be considered as late or delayed payment
PAM Form of Contract 1998
There is no express provision that permits the Contractor to suspend his work when
he is not paid or his payment was not forthcoming in due time after receiving the
Interim Certificate. Clause 25(1) (ii) and Clause 23.4 state that the Contractor is to
proceed regularly and diligently and he is to use his best endeavours to prevent
delay. The clauses clearly demand the Contractor to show a good performance and
continue with the work to prevent disruption to the progress of the project.
PAM Form of Contract 2006
But the new PAM 2006 contains provision that give the Contractor to suspend the
progress of work if the Contractor is faced with problem of delayed or non payment
by the Employer. It is clearly stated in clause 30.7. But it requires the Contractor to
give a written a notice to Employer with reason to suspend the works until the
Employer has paid the amount due to the Contractor
3. THE DIFFERENCE BETWEEN JKR/PWD AND PAM CONTRACT
JKR/PWD PAM
- Standard form of contract for government and - Standard form of contract for private sector
public sector project. and traditional general contract
- JKR/PWD covered all building and engineering - PAM covered building work only.
work.
- PAM contract not covered
- Standard form for JKR/PWD are : I. Engineering construction contract (other
I. 203 (Rev 10/83) – without quantities than building
II. 203A (Rev 10/83) – with quantities II. Package deal / Turnkey
III. 203N (Rev 10/83) – for NSC III. Management type
IV. Domestic subcontract
IV. 203P (Rev 10/83) – for nominated
V. Serial contract
suppliers VI. Periodic /Term contract
V. PWP Form DB/T (2000 Edn) For Design VII. Continuation control
And Build Turnkey Contracts VIII. Other miscellaneous contract
Miscellaneous : - Standard form for PAM :
I. CIDB Form for building contracts 2000 (Building Works)
Edn I. PAM 98 – with quantities
II. Modified JKR/PWD Forms, eg LPK, MHA II. PAM 98 – without quantities
etc III. PAM NSC 98
4. ISSUES PERIOD OF ISSUE OF PERIOD OF ISSUING AMOUNT
INTERIM INTERIM HONOURING PERSON TO BE
CERTIFICATE CERTIFICATE THE PAID
OF SITE CERTIFICATE
VALUATION
CONTRACT
FORM
PWD One month 14 days after 30 days from Superintending Value of
[Clause 47(a)] site the Officer (S.O) Work
203A valuation date of the Done +
[Clause 47 (b)] issuance 90%
of the Interim Material On
Certificate Site
[Clause 47(d)]
PAM One Month Upon the 14 days from Architect Value of
[Clause 30.2) receipt of the date Work Done
1998 Contractors of the + 90%
details issuance of Material On
and particulars Interim Site
[Clause 30.2] Certificate
[Clause 30.2]