COMPARISON BETWEEN PWD

203A (REV. 1/2010)&PWD 203 A

(2007)
Prepared By:

Nurfidatul Ema bt Saaidin

Bsc (Hons) QS UiTM
Penolong Pengarah Kanan (Ukur Bahan)
: [email protected]

Hanawati bt. Hashim

1
Bsc (Hons) QS UiTM
Penolong Pengarah Kanan (Ukur Bahan)
: [email protected]
COMPARISON BETWEEN PWD 203A
(2007) / PWD 203A (REV. 1/2010) (CONTD)
PWD 203A (Rev. 1/2010) consist of 81 clauses
compared with PWD 203A (Rev. 2007) with only 78
clauses.
Additional 3 new clauses, pertinent ones being:
i. Events & Consequences of Default by the
Government (Cl. 55)

ii. Safety At The Site (Cl. 68)

iii. Advance Payment (Cl. 69)

Additional of sub-clauses under clause 12 &

clause 40
1.0 INTRODUCTION
1.1 Background
The JKR.PWD Forms were last revised in 1983: almost a quarter of
century ago.
Since then, numerous changes have occurred legally and in practice.
The Forms became anachronistic and out of tandem wit
contemporary practice
Steps were initiated a number of years ago to revise these Forms: a
process formally approved by the AGs chambers
These resulted first in the JKR /PWD Forms(Rev.2007) which were
officially launched in 2008
These new Forms, were further revised with the JKR/PWD
Forms(Rev.1/2010) and officially launched on 24th June 2011
Current, these are the Forms that have to be used for all Public
Sector Projects and apparently for other applications involving
statutory bodies and the like.
 1.2 FORMS REVISED
For Traditional General Contracts

Old Forms New Form Application

1. JKR 203A(Rev.83) JKR 203(Rev.1/2010) COC for BQ Contracts
2. JKR 203(Rev.83) JKR 203(Rev.1/2010) COC for Contracts based
on Drawings &
Specifications
3.JKR 203N(Rev.83) JKR 203N(Rev.1/2010) COC for NSC where Main
Contract is based on JKR
203 &203A
4.JKR 203P(Rev.83) JKR 203P(Rev.1/2010) COC for nominated
supplier where Main
Contractor is based on JKR
203&203A
For Package Deal Types Of Contrtact
Old Forms New Form Application
PWD DB/T(2002 Edn) PWD DB(Rev.1/2010) COC for Design & Build
Contract
1.3 NUMBER OF CLAUSES
JKR 203A

Old Form New Form Change

Rev.2007 Rev.1/2010
56 78 81 Additonal 22
Clauses (3)
JKR 203
Old Form New Form Change
Rev.2007 Rev.1/2010
56 78 81 Additonal 22
Clauses (3)

JKR DB

Old Form New Form Change

Rev.2007 Rev.1/2010
62 76 79 Additonal 14
Clauses (3)
 JKR 203N
Old Form New Form Change
Rev.2007 Rev.1/2010
37 50 50 Additonal 13
Clauses (3)

JKR 203
Old Form New Form Change
Rev.2007 Rev.1/2010
37 37 37 No Change

Note: For the JKR 203N, the clause 41.0 in the Rev.2007 Forms has been
deleted and a new Clause 5.0 added in the Rev. 1/2010 Form.
Addendum to COC
COMPARISON BETWEEN PWD 203A
(REV. 2007) / PWD 203A (REV. 1/2010)
(CONTD)
PWD 203A (1/2010)

Consist only of 1 Addendum

- Termination on Corruption.

PWD 203A (2007)

Consist only of 1 Addendum

- Termination on Corruption.
Special Provisions to COC
COMPARISON BETWEEN PWD 203A (REV.
2007) / PWD 203A (REV. 1/2010) (CONTD)
PWD 203A (Rev. 1/2010)
Consist of 1 Sp. Provision - Variation Of Price
(Performance Bond, Advance Payment excluded as Sp.
Provision)

PWD 203A (Rev. 2007)

Consists of 3 Sp. Provisions
(Performance Bond excluded as Sp. Provision)
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
1.0 Definitions And Interpretation 1.0 Definitions And
Interpretation
1.1 : Definitions
1.2 : Interpretation
2.0 Contract Period 2.0 Contract Period

Clearly define the contract period, D/Possession and

D/Completion.

3.0 The S.O and S.Os Representative 3.0 The S.O and
S.Os
3.1: Duties of S.O and S.Os Representative Representative
3.2: S.Os Representative
3.3: S.Os Authority to Delegate

4.0 S.Os Right to Take Action 4.0 S.Os Right to

Take Action
Difference

5.0 S.Os Instruction 5.0 S.Os Instruction

9
Must be in writing Variations, discrepencies ,in
contract, removal of mat. from site ,defect work,
others.
5% on-cost charges
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

6.0 Scope of Contract 6.0 Scope of Contract

-Construct and complete,using Difference

materials,goods
and workmanship,quality as specified in
accordance specified making good
defects
- Making good defects
- Poor governing
consequential works under sub clause
6.2

7.0 Contract Sum 7.0 Contract Sum

Stipulates the contract sum.

8.0 Contract Documents 8.0 Contract Documents

8.1 : Documents required in 2 sets, one

original with S.O. and contractor

8.2 : S.O will issue instruction regarding any 10

discrepancies in the contract document.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
9.0 Representation, Warranties and Undertakings of the 9.0 Representation,
contractor. Warranties and
Undertakings of
9.1 : Representation and warranties. the contractor.
Listing out the requirements of a contractor before he enters
into a contract with the government, among others,
registered with CIDB, PKK, ROC, technically and financially
competent, no legal litigation, arbitration, tax claim, dispute

10.0 Obligation of the contractor 10.0 Obligation of the

contractor
Obligation of the contractor:
- construct, complete, test and commission Difference
-comply with all contractual requirements,
-Protect governments interest, provide qualified staffing and
workers, supervision, making good defects etc.
-Carry out any other obligations and responsibilities under
this contract.

11.0 Inspection of Site 11.0 Inspection of Site

Contractor must visit the site, take note of all risk involved,
access roads, working constraints, etc., especially factors
with cost implication. Information given in document may not 11
be conclusive, may not relieve the contractor of his
obligation under the contract.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
12.0 Programme of Work. 12.0 Programme of
Work.
Within 14 days from LA, contractor must submit his working
programme to the S.O. for approval. Difference
Need to be adjusted/modified during the construction if
necessary or when EOT is given under the contract.

13.0 Performance Bond/ PGB 13.0 Performance Bond/

PGB
-5% of the C/Sum,valid until 12 mths after DLP/CMGD
whichever is earlier, failing which, WJP will apply.
-WJP is 10% deduction made on every progress payment
s,up to a max. of 5% C/Sum.
-50% of WJP may be released upon CPC, at the discretion
of S.O. Any claims made during construction, contractor will
be required to top up value at any time must be 5% of
C/Sum.

14.0 Indemnity in respect of personal injuries and damage to 14.0 Indemnity in

property. respect of personal
injuries and
It is the duty of the contractor to keep the government (and damage to
agents) indemnified against all manners of claims & actions property. 12
pertaining to works on site.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010

15.0 Insurance against personal injuries and damage to 15.0 Insurance against
property. personal injuries
and damage to
-Effect and maintain insurance to cover his liabilities property.
-Bear the excess amount as stipulated in Appendix
-Period of cover until CMGD.
-In case of failure, the Govt may extent the insurances on
behalf of the contractor, the cost of which shall include 5%
(on-cost charges).
-Cancellation of insurance is made 30 days after receipt of
notice by the government.
-Where claims exceed insured amount, the surplus shall
be borne by contractor.
-It stipulates a notification procedure and obligation the
contract to ensure a mandatory procedure is followed any
cancellation process
-It improses a positive duty on the contractor to ensure
that any insurance cover is not vitiated or rendered void or
voidable.

16.0 Indemnities to the government in respect of claims by 16.0 Indemnities to the

work men. government in
respect of claims
16.1 : Workmen Compensation. by work men.
Provides coverage for the Govt and officers against
claims by any workman. 13
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
17.0 Employees Social Security 17.0 Employees Social
Act 69 Security Act 69
(5% on cost-charges)

17.1 Register with SOCSO

17.2 Contribution to SOCSO
17.3 Default in complying with SOCSO

18.0 Insurance of work 18.0 Insurance of work

- Effect and maintain insurance to cover against

loss and damage by fire, lightning,
-Bear the excess amount as stipulated in Appendix
-Period of cover until completion of the works.
-In case of failure, the Govt may extent the
insurances on behalf of the contractor, the cost of
which shall include 5% (on-cost charges).
-Cancellation of insurance is made 30 days after
receipt of notice by the government.
-Where claims exceed insured amount, the surplus
shall be borne by contractor.
-It stipulates a notification procedure and obligation
the contract to ensure a mandatory procedure is
followed any cancellation process 14
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
19.0 Setting out 19.0 Setting out

Contractor is responsible over proper setting out and

for the correctness of positions, levels, dimensions &
alignments. In the event of any error, the contractor
shall rectify at his own expense said errors to the
satisfaction of the S.O.

20.0 Unfixed materials and goods. 20.0 Unfixed materials and

goods.
- Materials delivered to site cannot be removed
without the consent of the S.O.
- Upon payment, the material & goods become the
property of the GOVT but still remains the
responsibility of the Contractor.

21.0 Compliance with the law 21.0 Compliance with the

law
- Contractor must comply with any law, regulation or
bye-law that constitutes the current Statutory
Requirements.
- In the event of any change or amendment, the
contractor must obtain the written instruction from 15
the S.O. so as to enable the consideration of such
variation.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
22.0 Cl. 22.0 : Design 22.0 Cl. 22.0 : Design
22.1 : Design Liability
Difference
- As requested by Government, NOT proposal
from contractor.
- Allows stand alone design by the contractor
which must be suitable, functional, safe &
compatible with the existing design supplied by
the Govt.
- This clause emphasizes the contractors
liability in ascertaining that his stand-alone
design has been undertaken, approved &
endorsed by a competent & registered
professional.
- Contractor to be fully responsible.
-Contractor to provide design G.Bond for the parts of
designed covers incidental issues such as the
amount, duration to cover, conditions of involving,
default provisions.

22.2 : Design Guarantee Bond

- Contractor is to provide a bond equal to 5% of

the said component of works and submitted
once CPC is issued.
- It must have a validity of 5 years.
16
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)

Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

23.0 Employment of Workmen. 23.0 Employment of

Workmen.
23.1 : Workmen
Restricted to Msian citizens unless
proven
unavailable. Applies to sub-contractors.
23.2 : Compliance Employment
Act 55 (PERKESO)
23.3 : Days and hours of working
Approval for overtime must be
obtained from S.O. the cost borne
by the contractor.
23.4 : Wages Books and Times Sheets.
23.5 : Default in payment of wages.

Any claims by workmen filed to Dept. of

Labour can be paid out by S.O. to be
deducted from monies due to contractor.

23.6 : Discharge of workmen.

S.O has the right to remove from site any

workman he deems incompetent.

17
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)

Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

24.0 Variation 24.0 Variation

Definition of variation:
A change in the contract Document
arising from the alteration or
modification of the design, quality or
quantity of the Works; including
addition, omission or
substitution/removal from site. There
is a cross reference to sub-clause 22.1
the effect of the SOs approval of the
contractors design.

25.0 Valuation of variation 25.0 Valuation of variation

Contract Rates (of similar character or

similar conditions).
Fair Rates (of differing nature or
differing conditions).
Pro-rata Rates 18
Day work + 15%
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

26.0 Bills of Quantities 26.0 Bills of Quantities

- The quality & quantity from the BQ forms the

basis of the Contract Sum.
- The SMM (ISM) & CEMM (IEM) stipulates that
quantity
is considered fixed unless stated as provisional
- Error in description or quantity shall be rectified &
adjustment made to Contract Sum.
- S.O.s right to rationalization
- Percentage adjustment

27.0 Measurement of work 27.0 Measurement of work

Outlines the method to be used in measurement of

variation & provisional quantities to be carried out by
contractors agent & S.O. during joint valuations.

28.0 Payment to contractor and interim certificate. 28.0 Payment to contractor

- Payment to be made monthly or as stipulated by and interim certificate.
S.O.
- Only 1 payment is allowed without document
contract.
- Payment of material by NSS can be made up to
100%. 19
-Material delivered TO & ADJACENT to site, not
prematurely delivered.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
29.0 Adjustment of Contract Sum 29.0 Adjustment of
Increase or decrease of contract sum thru variation or Contract Sum
others must be certified by S.O. / Representative

30.0 Fluctuation of price 30.0 Fluctuation of price

Details of V.O.P. is still explained under (Special
Provision)

31.0 Final Account and payment certificate 31.0 Final Account and
payment certificate
- 3 months after CPC, all claims complete with
details/supporting documents must be submitted to
the S.O.
- Otherwise the S.O. will proceed with the preparation
of Final Account using current info and its issuance 3
months after DLP or CMGD.
- Contractor to submit Statutory Declaration to the
Govt.

32.0 Effect of S.Os Certificate 32.0 Effect of S.Os

Certificate
No certificate of the S.O. under any provision shall
release the contractor from his obligations under this 20
contract.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
33.0 Deduction from money due to contractor 33.0 Deduction from
money due to
Govt./S.O. is entitled to deduct money owed by the contractor
contractor through other contracts where both are parties
to it.

34.0 Prime Cost/Provisional Sum 34.0 Prime

Cost/Provisional
Adjustment of Prime Cost/ Provisional Sum allowed in Sum
contract and that of the actual amount must be carried
out.
Provisional Sum can be converted to Prime Cost Sum
when the contractor will be doing the NSC works but he
waivers his right for Profit and Attendance.

35.0 Materials, Goods and Workmanship 35.0 Materials, Goods

and Workmanship
Additional testing instructed by S.O. that incurs additional
cost will be paid unless the results show that the work,
materials & goods are not in accordance with the
contract. 21
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

36.0 Inspection & Testing of Materials, 36.0 Inspection & Testing

Goods & Equipment. of Materials, Goods &
Equipment.
All cost involved with Inspection &
Testing will be borne by the contractor
except additional tests as instructed by
the S.O. (depends on the
results/outcome of said tests).

37.0 Constructional Plant, Equipment, 37.0 Constructional Plant,

Vehicle & Machineries. Equipment, Vehicle &
Machineries.
Arrangement pertaining to bringing in
equipment & machineries into Malaysia
is solely the responsibility & obligation
of the contractor. He is to deal directly
with the relevant authorities and shall
furnish all such documentation &
approval to the S.O. when required.
All cost arising from this is to be borne
by contractor.
22
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

38.0 Possession Site 38.0 Possession Site

Work cannot commence without

Performance Bond/Insurances. For
purposes of starting work, receipts
without policies are acceptable.

Delay (whole or in part)

- < 90 days EOT 43.1 (g) and not

entitled to claims.

Delay (whole) > 90 days

- Contractor agreed to proceed later

(entitle to EOT & NO CLAIM) or,
- Contractor terminate the contract

Delay (in part) > 90 days

- Contractor agreed to proceed later

(entitle to EOT & NO CLAIM) or,
- request SO to omit that part. (If SO 23
refuse, entitle to claims)
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
39.0 Completion of Work 39.0 Completion of
Contractor to notify S.O that work is completed within Work
14 days, S.O to inspect and issue CPC.
What is practical completion?
a) Work completed as specified in contract.
b) Government have full, proper and beneficial use
of the work for its intended purpose.
c) Passed T & C
d) Fit for occupation
e) Essential services (external work)

40.0 Damages for Non-Completion 40.0 Damages for Non-

Completion
S.O is required to issue Notice to the contractor before
LAD is imposed (no time frame to notice) as a Difference
proclamation of his intention.

41.0 Sectional Completion 41.0 Sectional

Completion
Involves different Completion Dates for ascertained
portions of work as stipulated in the Appendix where the
EOT, CPC, LAD and DLP will also be considered 24
separately except Insurances, PB, Final Payment.
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)

Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

42.0 Partial Occupation/ taking over by 42.0 Partial Occupation/

government. taking over by
government.
Govt with the consent of contractor shall take
possession & occupy the completed
component of
works.
Certificate of PO will be issued, DLP will start
from
the day of handing over followed by CMGD.
LAD amount will be reduced proportionately
corresponding to the value of said
component.
Value & period of insurances remain the
same.

43.0 Delay & Extension of time 43.0 Delay & Extension of

time
Cl. 43(c) Suspension of work
under Cl. 50
Reasons: EOT 43 (a) (j) total: 10
Highlight:-
-Delay is not brought about by delay of non-
performing NSC.
-Contractor has proven he has mitigated the
delays.
-Does not constitute failure on part of
contractor. 25
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
44.0 Claims for loss and expenses 44.0 Claims for loss and
expenses
Claims arising from delay (EOT) due to:-
43.1 : (c) Suspension of Works
(d) S.O. instructions & neighboring
disputes
(e) S.O. instruction under Cl. 5
(f) delay caused by S.O
(h) delay by 3rd party appointed by Govt.

45.0 Investigation by government and other persons 45.0 Investigation by

in case of accidents, failure or other event. government and other
persons in case of
Allows 3rd party to investigate where the accidents, failure or
contractor is to provide full cooperation, other event.
assistance & facilities as may be required.

46.0 Access for work 46.0 Access for work

S.O/ Rep or 3rd party appointed by Govt must be

given access to site, fabrication factories,
warehouses, etc related to material & goods to be 26
used in project.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

47.0 Sub-Contract or Assignment 47.0 Sub-Contract or

Assignment
Contractor must obtain the consent of S.O. before
sub-contracting the work. Contractor still fully
responsible over the contract & the default of his
sub-contractors.
Assignment of contract or part is not allowed
except for banks/institutions as consented by the
S.O.

48.0 Defects After Completion No On-Cost charges 48.0 Defects After Completion
No On-Cost charges

CMGD
Completion 14 Days
Date
DLP (12 Mths) Final list 3 Mths

- In case of failure to rectify by Contractor, S.O.

can appoint 3rd party where the cost of rectification
plus 10% on cost charges will be claimed from the
contractor.
-Diminution in value of Defect work
-Certificate of Making Good Defects.
27
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
49.0 Unfulfilled Obligations 49.0 Unfulfilled
Obligations
Although the CMGD has been issued, contractor
remains liable to fulfill all obligations incurred prior
to the issue of said certificate.

50.0 Suspension of Works 50.0 Suspension of

Works
50.1 : Suspension and Resumption To overcome
problems arising from PBT & funding. Difference
Officer named can issue instruction to suspend work.
Contractor to continue with his other obligations
including site security, repair of damages and show
initiative in cutting costs within said period.

50.2 : Extension of Time Contractor can apply for EOT

Cl. 43(c).If suspension exceed 12 months mutual
termination can be considered.

50.3 : Consequences of Mutual Termination Contractor

paid up to works carried out and
no claims made to PB
28
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010) (CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010

51.0 Events and Consequences of Default by Contractor 51.0 Events and

2 termination scenarios: Consequences of
Default by
51.1.Default of Obligation by Contractor Contractor
-Failure to start work within 2 weeks of L.A (new)
-Suspend or abandon work Difference
-Failure to proceed regularly & diligently
-Failure to execute work in accordance to contract
-Persistently/continuously neglects to carry out obligations

-Failure/refusal to comply to S.O.s instructions

-Failure to comply with Cl. 47 (Sub-Contract)

The named officer will issue a 14-day notice, failure of which will
effect termination proceedings.
Implications of termination will be similar to Cl. 51 of the old COC.
Contractor must vacate site and Govt will seize PB/ WJP and
initiate retendering & claim of completion cost.

51.2. General Default

- General default includes contractors bankruptcy, winding up
orders & court instruction to freeze contractors asset.
- Govt can terminate contract by first issuing a 14-day notice.
- Similar in implication with Cl. 51.1
Contractor must vacate site and Govt will seize PB/WJP and
initiate
retendering & claim of completion cost.
29
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

51.0 Events and Consequences 51.0 Events and

of Default by Contractor (contd) Consequences
of Default by
Stop Work Contractor (contd)
Carry out protective work
Remove personnel
Vacate site
Terminate his sub-contractors
Return all plans/documents etc
Pay losses/damages to the Government.

52.0 Termination on National Interest 52.0 Termination on National

Interest
What constitutes National Interest?

Must not imply that the Govt is trying to be

relieved of its contractual obligations &
liabilities. (PBT is not national interest and
national security cannot be compromised!).
Govt will not seize Bond upon
termination.Contractor will be paid whatever
works carried out without claims made to the
PB.
Contractor stop
work/remove/personnel/vacate site 30
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

53.0 Termination on Corruption 53.0 Termination on

Corruption, unlawful &
If the contractor, his personnel or sub- illegal activities
contractors is proven guilty of corruption
relating to the Works, the contract may be Difference
terminated after notice has been issued.
PB will be forfeited and claim on completion/
retender cost will be made (Cl. 51.1)

54.0 Payments Upon Termination 54.0 Payments Upon

Suspension
If termination is due to Cl. 50 (Suspension of &Termination On
Works) or Cl. 52 (Termination on National National Interest
Interest), payment to contractor shall be:
a)Works carried out until date of termination.
b)Inclusive of partly completed works
c)Cost of materials/goods reasonably and
has/will be
delivered to site.
d)Expenses reasonably incurred by
contractor in expectation of completing the
works.
e)Costs involved in handing over the project
back to the Govt.S.O to prepare and issue a 31
Final Account to the contract.
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Claus JKR 203A Rev 2007 Claus JKR 203A Rev. 1/2010
e e
55.0 Certification of Termination Costs. 55.0 Events & Consequences Of Default by
The Government
To be prepared upon termination,
taking into consideration the following: (new clause)
i) Payments made to contractor
ii. 3rd party payments to complete works Difference
iii. Other costs related to completion
10% On- Cost Charges

56.0 Surviving Right 56.0 Certification of Termination Costs.

In the event of termination, liabilities of both

parties within the contract period will still
stand.

57.0 Effect of Force Majeure 57.0 Cl. 57.0 : Surviving Rights

A situation in which both Govt & Contractor are

unable to fulfill their obligations under
contract e.g.
war, riot, earthquake etc. Contract will be
terminated 32
with mutual agreement by both parties where
neither
will be entitled to any claims.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
58.0 Site Agent and Assistants 58.0 Effect of Force Majeure

Contractor to employ a competent, efficient suitability

qualified site agent, able to receive instructions from S.O
on site.

59.0 Nominated Sub-Contractor and Nominated Supplier 59.0 Site Agent and
Assistants
S.O shall call tenders for items under Provisional Sum or
P.C sum in the contract. Contractor may object
nominations with valid reason. S.O may appoint sub
contractor and enter into a direct contract by way of
omission or instruct M/Contractor to execute the works.

60.0 Payment to NSC and/ NS 60.0 Nominated Sub-

Contractor and
Ensure direct payments to NSC.No Deed of assignment Nominated Supplier
is needed.

60.1 SO shall obtain tenders for NSC/NS in respect the

PCS/PS are included in BQ.
- Contractor shall on the written insruction by the 33
SO enter into such sub contract with the WS/NSC
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)

Claus JKR 203A Rev 2007 Clause JKR 203A

e Rev. 1/2010
61.0 No Liability of government to NSC and NS 61.0 Payment to NSC and/
NS
There is no warranty of contract between
government and NSC.

62.0 Responsibility of Contractor to NSC and NS 62.0 No Liability of

government to NSC and
Contractor is fully responsible over NSC, he may NS
terminate the NSC with consent from S.O. and may
appoint a new NSC at no extra cost to the government.

63.0 Intellectual Property Rights 63.0 Responsibility of

Contractor to NSC and
Copyright and proprietary rights ,related to the Works, NS
shall be the property of Government. Contractor must
indemnify Government from all claims. if any.

64.0 Antiquities 64.0 Intellectual Property

Rights
All discovery of objects of interest or value during
construction shall be the absolute property of the
Government. Contractor to inform S.O. immediately who
in return will issue instruction as what is to be done. 34
Contractor will be reimbursed
 COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev. 1/2010

65 Arbitration 65.0 Antiquities

Both parties can now refer any disputes

toArbitration.

66 Notices 66.0 Arbitration

Notices shall be effected by;

i. Hand delivery or courier,acknowledge
receipt.or
ii. Leaving notices at the registered
address in the contract or
iii. Registered post,deemed to have
received, 7 days from date of posting.

Onus on Contractor to inform of any change in

address.

67 Amendments 67.0 Notices

No amendments to be made to this

agreement unless made by mutual consent
35
by way of a supplementary agreement.
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)

Claus JKR 203A Rev 2007 Clause JKR 203A

e Rev. 1/2010
68.0 Confidentiality 68.0 Safety At Site

Contractor must not disclose to third party all matters Difference

pertaining to the contract unless;
- to the bank/financial institution ,raising funds.
- to the consultants appointed for the project.
- as required by law in the country.

69.0 Stamp duty 69.0 Advance Payment

Now, Contractor is required to pay for all stamp duty Difference

charges.

70.0 Severability 73.0 Severability

71.0 Waiver 74.0 Waiver

36
COMPARISON BETWEEN PWD 203A (2007) / PWD 203A (Rev. 1/2010)
(CONTD)
Clause JKR 203A Rev 2007 Clause JKR 203A Rev.
1/2010
72.0 Laws applicable 75.0 Laws applicable

73.0 Successors Bound 76.0 Successors Bound

74.0 Epidemics and medical attendance 77.0 Epidemics and Medical

Attendance

75.0 Technology Transfer 78.0 Technology Transfer

76.0 General duties and Performance Standard 79.0 General duties and
Performance Standard
-Maintain site clean and sanitary condition
-Comply will all requirement of the
government health and sanitary authorities.
77.0 Restriction on imported materials and 80.0 Restriction on imported
goods materials and
goods
78.0 Time 81.0 Time 37
 OTHERS

Appendices
Addendum

Special Provisions
THANK
YOU 39
Clause Differences

Clause 4.1(a) is replaced to sentence in clause 4.1(b)

4.0
Clause 4.1(b) is replace to sentence 4.1(a) and provisions 40, 43 and 65 has been deleted
and addition of provision 57 and 66 in this clause.
Additional of term in accordance with best industry practice.
6.0
Word must replaced by shall
10 Clause 10.0(a) mentioned the contractor need to comply the works accordance to the
specification, contract dwgs, and other documents specified in contract.
COC Rev. 2007

COC Rev. 1/2010

12 New sub provision 12.1(a), (b) The provision specified the need of contractor to submit
the Work
COC Rev. 2007 Programme to the SO that shows detail activities of wk, methods of
COC Rev. 1/2010 construction proposed to adopt.

'New provision 12.2 (i), (ii) & (iii), It stipulates define periods for the submission and
approval of the programme plus consequences for the SOs default.
(to approve or reject or request further informations to clarify on the Work
Programme submit by the contractor)

'New Provision 12.3, 12.4, 12.5 requires the contractor to resubmit the Work
Programme if request for. The submission to and approval by the SO does
not relieve the contractor of any his responsibilities under the contract.

69 New Provision regarding the value of advance payment, conditions to be

followed by the contractor & deduction of advance payment to be made in 40
COC Rev. 2007 interim certificates.

COC Rev. 1/2010

 Clause Differences

22.1 (a) Term intergrates has been added.

22.1(b) A need of contractor to submit the related particulars ie. Dwg, specs, calculation &
other doc. Pertaining to stand alone design.

22.1(c) Rephrase of clause 22.1 (c) & (d). The contractor shall be fully responsible and
guarantee the Govn. Of the Stand Alone Design, integration, execution of the works,
material and workmanship for the works are independent from any fault, suitable,
functional, safe & compatible with Govn's requirement.

22.2(a) 'additional term - 'stand alone

'The Design Guarantee Bond Act as a security for the contractor's obligation and
warranties which valid for a period of 5 years from the date of CPC.

22.2(b) 'additional term 'imperfection, shrinkage' due to defects in the stand alone design.

22.2(c) 'the Govn. has the right to claim from PB the sum of equal to 5% of the value of the
said part of the works or such part thereof as maybe demanded.

22.2(d) New clause The contractor need to extend security if the DGB were to expire.

COC Rev. 2007

COC Rev. 1/2010

41
 Clause Differences
40.0 Few sentences related to this provision has been deleted

40.2 Provision is improved by mentioned the right of Government to terminate the

contract and recover LAD from the contractor from any money due/become
due/ form Performance Bond/ as a debt due.

40.3 New Provision related to LAD that is amount of loss which Government will
suffer because of breach of contract by the contractor.

40.4 New Provision which not relieve the contractor from his liabilities and
obligations under the contract even though deduction such LAD has been
made.
COC Rev. 2007

COC Rev. 1/2010

50 The term 'officer named in the appendix' has been replace to SO.

COC Rev. 2007

COC Rev. 1/2010

51.1 (a) (ii) The need to fill in the no of days of work been suspend

51.2(b) (ii) Rephrase of previous provision. The clause strictly mentioned that contract
COC Rev. 2007 42
shall not be entitled to any form of losses i.e lost of profit, damage claim etc.
upon termination of the contract.
COC Rev. 1/2010
 Clause Differences
53.1 The new term ' unlawful & illegal activities' has been inserted.

53.1 (a) replaced to 53.1

53.1 (a) (i)& (ii) in COC 2007 has been deleted

53.2 53.1(b) change to 53.2

53.2 (c) 53.2(b)(iii) change to 53.2 (c)

COC Rev. 2007 Rephrase of previous provision. The clause strictly mentioned that
contract shall not be entitled to any form of losses i.e lost of profit,
COC Rev. 1/2010 damage claim etc. upon termination of the contract.

55 New Provision allows the contractor to terminate the government because

of fails to fulfill any obligation which affects the works & consequences of
COC Rev. 2007 such termination.

COC Rev. 1/2010

68 New Provision regarding the compliance of safety requirement,

submission of safety report to Govn, appointment of qualified Safety
COC Rev. 2007 Officer and to provide safety measure at site.

COC Rev. 1/2010 43

COC Rev. 1/2010