TAJUK
DIFFERENCE BETWEEN CONTRACT FORM JKR 203A & PAM
PWD 203A Standard Form of Contract (Ed.1983)

This form of contract contain no expressed provision that allows the Contractor to
suspend the works if his payment was unduly delayed or he is not getting his
payment at all.

In the PWD203A Form of Contract (2007), it is stipulated that the period for
honouring the certificate is 30 days from the date of the issuance of the certificate.
Clause 30.1 of the PAM Form of Contract (2006) stated that the period of honouring
certificate is within 21 days after the issuance of the certificate. Any payment made
later than the stipulated time frame can be considered as late or delayed payment

PAM Form of Contract 1998

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

PAM Form of Contract 2006

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

                  JKR/PWD                                              PAM

- Standard form of contract for government and   - 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
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]

DIFFERENCE BETWEEN CONTRACT FORM JKR 203A & PAM

  • 1.
  • 2.
    PWD 203A StandardForm 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 BETWEENJKR/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]