Works Performance

A brief notes on the works peformance:

“Works”?

PAM cl.7 (bf)

Means the works described in Articles of Agreement & referred to in the Contract Documents & includes any changes made (see Preamble)

PWD cl. 1 (1)

Means the works specified in the Contract Documents & shall include temporary works (see Preamble)

Performance

Performs by the contractor: PWD cl. 10(1) & PAM cl.1.0 - obligations

By the subcontractor PAM cl. 17.0 & PWD cl. 47.0 No assignment but can be subcontracted

Works programme PAM cl. 3.5 & 3.6 PWD cl. 12.0

Full completion & Sectional: PWD cl. 39.0 & 41.0 PAM cl. 15.0

Making good defects

PAM cl. 15.5, 15.6

“Practical Completion”?

PWD cl. 39, 39.5   “Completed according Contract, the govt.  Can have full, proper & beneficial use, passed commissioning, fit for occupation, essential services”

PAM cl. 15.0 to    “full use of the Works”

Performance of the works may be stopped due to abandonment/(default) (PWD cl.51) (PAM 25.0 & 26.0) force majeure (PWD cl. 57.0) (PAM 28.3(a) national interest (PWD cl. 52)

Peak v. Mc Kinney (1970)

Building works were suspended after the discovery of defective piles, for which the contractor was responsible

Delay & Extension of Time for Completion

“Delay” PAM cl. 23.0, PWD cl. 43.0

A project where a schedule is being used to plan work: behind schedule, beyond the completion date. Delay by contractor/nominated subcontractor/supplier. Delay & Liquidated Ascertained Damages (LAD)

Defects

“Defective”: Art 7(x) PAM

After completion Application of “Defect Liability Period PWD cl. 1.1 (g), 48.0 PAM Art 7(y), cl.15.4