Exercise 3

a) Based on PAM 2006 Form of the Building Contract , discuss whether the Contractor is entitled to an Extension of Time and a Loss and ? or Expense claim in the followings situations :

i)The Contractor  was instructed to suspend his foundation works for two months due to a poor response to the newly launched housing project by the Developer .

A :  - In this case  , that was due to developer fault so the Extension of Time should be proven .
      - The two months was long time and mass feel of worker . sO THERE WAS CLIENT  , developer's fault that's why the claims must be proven .

ii ) The quantity of removal of roack unforeseenbly tripled that allowed in the provisional quantity , resulting in additional 30 days being spent on this activity .

A: Because the responsible was not at neither contractor or client , so it was suppose to give extension of time in the project .
  - The contractors riosk was including  the quantityu of removal rock , so it did not have any claims to the contractors .

iii ) The Architect was made to wait for confirmation of the revised external colour scheme by the EMployer for three weeks when the contractor is in the finishing stage of his works .

A : - Late confoirmation was given by the Client , Devloper fautly because of this contractor manage to get extension of time .
  - The late confirmation will cause a lot of loss to contractors  because that was developer fault , so contractor manage to get claims .

Iv ) A two - months duration was allowed for pilling the Contractor in his Master Works Programme . it took him two and half month to complete the piling work and he is claiming for two weeks extensions on the ground that the Architect had accepted and approved his work programme .

A :  Because the Architect are acce[ted amd a[[rpved tje extemsopm works so the extension  of time for the element was accepted .
   -  Submission of work programme does mean the contractors can relieve the complete the works , so the claims was not accepted .

v ) Just before the Hari Raya balik kampung rush , the Contractor without an Architect's Instruction complied with JKR;s urgent order to widen the adjoining road and lay new concrete kerbs to make it safer for road users . The contractor mobilizred half of his existing workforce to complete this addtional works in 5 days .

A:  The client was order to do the addittional work which was a variation of the project , so contractor manage to get extension of time .
  - The vatiation order has received directly for client , so the claims should accepted /

B ) Define the term Relevant Events' in the context of Extension of TIme under PAM 2006 Form of Building Contract and discuss any FOUR (4) of those " Relevant Events' stated in the Extension of TIme provision contained in Clause 23.8 .

Clause 23
 - 23.8 ( a )  Force Majeure  - It was act of god like tsunami , earthquake and volcano .
- 23.8 ( b ) Exceptionally in element wheather - The heavy rain at Johor and Kelantan .
-23.8 ( c )  Loss and / or damage occasioned by one or more of the contingencies referred to in clause 20.A , 20.B or 20.C as the case may be , provided always that the same is not due to any negligence , omission , default and / or beach of contract by the Contractor and / or Nominated sub- Contractors

 - The developer got addiction work , variation to the project .

-23.8 (a) Civil commation , strikje or lockout affecting any of the trades employed upon the works or any of the trades engaged oin the preparation , manufacture or transportation  of any materials and goods required for the works .
- The rte of transportation material or price of the material .