5.0.'s Instructions

5.1  The S.O may from tiem to time issue further drawings, details and / pr written instructions (all of which are hereafter collectively referred to as "S.O.' instruction's ) in regard to -

(a)   the Variation as referred to in clause 24 hereof;

(b)   any discrepancy in or between the COntract Documents as referred to in clause 8.2(b)  hereof;

(c) the removal from the Site of any mateirlas or goods brought thereon by the Contractor and the substitutions of any other materials or goods therefore;

(d) the removal and / or re-execution of any works executed by the Contractor;

(e) the dismissal from the works of any person metnioned in  clause 23.6 hereof employed thereupon;

(f) the openjing up for inspection of any work covered up;

(g) the amending and making good of any defects whatsover under clause 48

(h) any matter which is necessary and incidental to the carrying out and completion of works under this Contract; and

(i) any matter in respect of which the S.O. is expressly emplowered by this Contract to issue instructions.

5.2 All instructions issued by the S.O. shall be in writting. The Contractor shall forthwith comply with all instructions issued to him by the S.O. If such instruction is given orally, the S.O. shall then issue a written instruction within seven (7) days from the date of such oral instruction is given.


5.3  If within seven (7) days after receipt of a written notice from the S.O requiring compliance of an instrtuction and the Contractor does not comply therwitrh, then the S.O. without prejudice to any other rights or remedies available to the Government under this Contract, undertake the work departmentally or employ and pay another Contractor or any other persons to execute any works whatsoever which may be necessary to give effect t such instruction. All costs and expensees incurred in connection with such employment ( including On-Cost Charges), shall be deducted from any money due or to become due tot he Contractor under this contract, and failling whih such deduction shal be recovered from the Performance Bond or as a denbt due from the Contractor.

5.4  The Contractor shall be responsible for all costs and expenses incurred by the Government in carrying out the Works under clause 5.3 and On-Cost Charges ( calculated by applying the Percentage of On-Cost Charges stated in Appendix hereto the amount inccurred). The Government shall be entitled to deduct such costs, expenses and On-Cost charges thereof from any monies or to the Contractor under this Contract or to recover the same from the Performance Bond or as a debt due from the Contractor.

6.0   Scope of Contract

6.1  The Contractor shall upon and subhect to this Contrtact, construct and complete the works using materials, goods and workmanship of the quality and stanjdards therein specified in accordance with best industry practice .


6.2  The Contractor shall also unbdertake any conseuqnetial wortk in relation to the construction and completion of Works on the Site i,e, removal/ diverersion  of public sewer, water mains, electrical mains, gas mains and telephone mains and the installation of permanennt connections thereto shall be borne by the Government. The Government shall reimburse the Contractor for such costs by adding it to the Contract Sum PROVIDED THAT such cost have not already been included in the Contract Sum by way of a Provisional Sum or otherwise.

PROVIDED FURTHER any temporary connection shall be obtain by the Contractor with no additional costs tot he Government for purpose of carryuing out their work.

6.3  The Contractor shall also make good any defects, imperfection, shrinkage or any other fault whatsoever which may appear during the Defect Liability Period in accordance with clause 48 hereof.


7.0  Contract Sum

The government hereby covenants to pay the Contractor in consideration of the construction and completion of the works and making good of any defects whatsover to the Works the sum of Ringgit :


-.................................... (RM  ..........................)  ir such other sum as shall become payable under and at the times and in the manner specified in this Contract.

8.0  Contract Documents

8.1  Custodyu of the Contract Document

(a) The Contract shall be prepared in two (2) original copiues . The original copies of the Contract shall remain in the custody of the S.O. and the Contractor.


(b) Immediately after the execution of this Contract, the S.O. shall furnish to the Contractor without any charge (unless he shall have been previously furbniushed ) with:
(i) Two (2) copies of the Contract Drawings; and
(ii) two (2) copies of the unpriced Bills of Quantities and (if requested by the Contractor) one copy of the priced Bills of Quantities.

(c)  The S.O shall, as and when necessary and without charge to the Contractor, furnish him with two(2) copies of such further working drawings or details as are reasonably necessary either to explain and amplify the Contract Drawing or the Specification ( if any) or to enable the Contractor to construct and completer wthe wrosk in accordance with this Contract. PROVIDED THAT nothing contained in the said working drawings or details shall impose any obligation beyond those imposed by the Contract Documents.


(d) The Contractor shall keep one copy of the Vontract Drawings, the Specification (if any), unpriced Bills of Quantities, priced Bills of Quantities (if any) and other like documents referred to in sub-clause (c) hereof on the Site and the S.O. shall at all reasonable times have access to the same.

(e) Upon final payment being made pursuant to the issuance of Final Account and PAyment Certificate under clause 31 , the Contractor shall return to the S.O. all drawings, details, specifications, unpriced copy of Bill of Quantities and priced Bills of Quantities, if any

(f) None of the documents hereinbefore mentioned shall be used by the Contractor for any purpose other than this Contract.

8.2  Sufficiency of Contract Documents

(a)  THe Contract Documents are to be takien as mutually explanatory of one another. The Contractor shall provide everything necessary for the proper execution of the Works until its cimpletion according to the truy intent and meaning of the Contract Documents taken together whether the true intent and meaning may or may not be particularly shown or described PROVIDED THAT it can be reasonably inferred therefrom.

(b) If the Contractor shall find any discrepancy in or divergence between any two or more of the Contract documents including a discrepancy or divergence between parts of any one of them, he shall immediately give to the S.O a written notice specifying the discrepancy or divergence and the S.O. shall issue instructions in rtegard thereto PROVCIDED ALWAYS that such discrepancy or divergence shall not vitiate this contract.