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.
•What is Contract?
•What is Construction Contract?
•Purpose of Construction Contract
•Contract for Bid and Procurement
•Contract for Pricing Arrangement
•Construction Contract Component
•Contract Document List
•Standard Form of Contract in Malaysia
•What is Contract?
•What is Construction Contract?
•Purpose of Construction Contract
•Contract for Bid and Procurement
•Contract for Pricing Arrangement
•Construction Contract Component
•Contract Document List
•Standard Form of Contract in Malaysia
This seminar was part of the Bar Council practical construction law series presented by the Construction Law Committee to practitioners. It covers the topic of payments and common issues arising in the construction industry.
The project involved the construction of a steel bridge (OWG), a venture that demanded careful adherence to stringent contract conditions, precise timelines, and pivotal milestones. A detailed every facet of the project, ensuring alignment with the contractual obligations and work breakdown structure using MSP.
This seminar was part of the Bar Council practical construction law series presented by the Construction Law Committee to practitioners. It covers the topic of payments and common issues arising in the construction industry.
The project involved the construction of a steel bridge (OWG), a venture that demanded careful adherence to stringent contract conditions, precise timelines, and pivotal milestones. A detailed every facet of the project, ensuring alignment with the contractual obligations and work breakdown structure using MSP.
GENERAL CONDITIONS FOR CONTRACTS OF CIVIL ENGINEERING WORKS Bahzad5
REPUBLIC OF IRAQ
MINISTRY OF PLANNING
LEGAL DEPARTMENT
GENERAL CONDITIONS
FOR
CONTRACTS OF CIVIL ENGINEERING WORKS
PART I & II
PREPARED BY SPECIAL COMMITTEE AND
APPROVED BY THE PLANNING BOARD
JUNE 1973
Dar Al-Hurriyah
Al-Jamhurriyah Press, Baghdad
The Planning Board at its fifth meeting held on 12/6/1972 approved
these conditions vide resolution No. 2 and enforced the distribution
thereof to Ministries and Public establishments to act accordingly when
announcing tenders and adhering to the application thereof in all
contracts of civil engineering works together with the observance of
accuracy in the application of the second part for these conditions as to
harmonize with the volume and nature of each contract.
CONDITIONS OF CONTRACT FOR WORKS OF CIVIL ENGINEERING CONSTRUCTIONBahzad5
FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS
CONDITIONS OF CONTRACT
FOR WORKS OF CIVIL
ENGINEERING CONSTRUCTION
PART I GENERAL CONDITIONS
WITH FORMS OF TENDER AND AGREEMENT
FOURTH EDITION 1987
Reprinted 1988 with editorial amendments
Reprinted 1992 with further amendments
Mihaela Vulpescu, Manager of Contracts Department - "Early warnings";
Cristina Pirjan, Senior QS Advisor - "Claims at termination under FIDIC 1999 Sub-Clauses 16.4 and 19.6 of the Contract"
Attending a job Interview for B1 and B2 Englsih learnersErika906060
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Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
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Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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]