1) Access to Site
Depending on the precise wording of the Conditions of Contract the term or phrase Access to Site can have a number of meanings or interpretations. Normally Access to Site refers to the means and availability of the Contractors approach to the Site as defined in the Contract. It may also mean the ability to occupy the Site which is commonly referred to as Site Possession or Possession of the Site.
Firstly we will consider Access to the Site on which the Works are to be constructed. Access to the Site is necessary to allow the transportation and delivery of construction materials, plant, labour and equipment as well as to allow the installation and connection of utility services necessary for construction and indeed operation of the completed………(more)
2) Site Possession
The term possession or use or occupation is contained within many standard forms of contract to describe the Contractors right to enter the Site, occupy and use the Site and carry out the specified Works. During the Contract Period, possession will usually provide the Contractor with such exclusive occupation and use the Site as required to construct the Works. At the end of the Contract Period, the Contractor may require partial occupation of the Site to carry out performance tests. In this case the Contractor use will usually override the Employers operation or use of the facility to conduct such tests. During the defects correction period, the Contractor will usually only require….. (more)
Procedure and Effects of Delayed Possession of Site under PAM 2006
Where the Employer fails to give possession of the site to the Contractor on or before the date stated within the Contract, it is a breach of contract and, if the failure to give possession continues for any significant time, it will be a material of the contract. This is because without possession of the site the contractor cannot execute the Works under the contract. All standard forms of contract used in Malaysia including PAM 2006, provide for a specific date for possession of the site. Failure to give possession of the site is a breach not only of the express terms of a contract but also a breach of a term that would be implied at common law in the absence of such an express term…..more
PAM 2006 EOT Processes Flowchart
MALCONLAW as added a flowchart detailing the basic process in Extension of Time Applications and subsequent Determinations under the PAM 2006 Form of Building Contract. Please either search for the Flowchart using the search facility on the site or look under the PAM 2006 Contract Form from the main menu.
Must the Architect give the Contractor detailed reasons to explain an Extension of Time Determination under PAM 2006.
Under the PAM 2006 Standard Forms of Building Contract it requires the Contractor to give notice of delay to the Works as soon as it becomes reasonably apparent. The Contractor is also required to provide details of the delaying event and its likely effect and to provide the Architect with such further information as reasonably required…..more
Extension of Time Notification and Application
This article summarises the general steps to be taken by a Contractor in issuance of delay notices and subsequent substantiation through preparation and submission of supporting particulars commonly referred to as an Extension of Time Claim.
Experience shows that many Contractors applications for an extension to the Time for Completion fail completely or in part due ostensibly to the documentation and accompanying detailed particulars failing adequately demonstrate the Contractors entitlement as a result of a delaying event.
There are a number of elements which are essential for the contractor to clearly identify and present in the justification an Extension of Time Claim. These are discussed later but let us first address the issue of notices.
PAM 2006 contains strict notice more