2.

5 CONTRACTORS OBLIGATION AFTER BEING GIVEN SITE

After the contractor is being given site possession, contractor is obligated to proceed with the tasks
that has been given to him/her by the client. Contractor has exclusive rights to occupy the site to execute
the tasks entrusted towards him. This includes all personnel in relation to the contractor such as tradesman,
general workers and also plants and machineries that belongs to the contractor and is needed to execute the
works. A contractors site possession starts from the date of site possession until the completion date.
However, in case of extension of time, the contractor will also be granted extension of site possession.
There are two possible reasons to the extension of time, which is the act of nature; unavoidable causes such
as not being able to complete the given project on time due to natural disaster such as consistent raining,
and also might be clients fault; not being able to make payment on time to the contractor and many more
reasons. It is fundamental for a contractor to proceed with the work Regularly and Diligently and finish
the tasks on time or earlier. However, a contractor is not obliged to start doing his work immediately after
being given the site possession. A good contractor is expected to start with his tasks as soon as possible in
example, within 2 weeks after the date of site possession. On the other hand, when a contractor does not
start his works within the allocated period, he is liable for not doing his given task Regularly and
Diligently.
Contractors include sub-contractors, which is any individual self-employed worker or business that
carries out, manages or controls construction work. Contractors must have the skills, knowledge, experience
and the organizational capability to carry out the work safely and without any risk. They have the most
important role in planning, managing and monitoring their work to ensure any risks are controlled. All
workers that has been employed and appointed must have the skills, knowledge and intensive training plus
experience to carry out the work in the process of obtaining employees. Close supervision has to be
conducted in order to make sure all works are done progressively according to clients desire. Workers have
to be ensured that they do not start their works on site unless reasonable steps already been taken to prevent
unauthorized access which can result in negligence. Contractors are obliged to ensure suitable welfare
facilities are provided from the start for workers under their controls, and maintain them throughout the
work Regularly and Diligently. When a contractor is working in a project that involves more than one
contractor, he/she must coordinate their work with the other contractors in the project team as to provide a
professional environment between project team. They also have to comply with directions given by the
principle designer or principle contractor. Other than that, they have to comply with parts of the construction
phase plan relevant to their work.
In planning the work, the contractor should take into account the risks of those who may be affected
in example, members of the public, and those carrying out the construction works. Planning should cover
the same considerations as those for the principal, including considering the risks and ensuring the measures
needed to protect those affected are in place. On projects involving more than one contractor, each
contractors must have their own work plan so that it is parallel with the other project planning. It is
fundamental for a contractor to expect help from other duty holders.
During the work monitoring, the contractor should monitor their works to ensure that the health
and safety precautions are considerably appropriate, stay in place and practiced throughout the project.
Effective monitoring by the contractor must address the same issues that principal contractors must
consider. This includes using a variety of precautions when taking prompt action when issues arise and to
check performance. In a project involving more than one contractor, it is a part of the duty to cooperate
with other duty holders, the contractor is obliged to provide the principal contractor with any relevant
information that stems from their own monitoring so that the principal contractor can monitor the
management of health and safety at a project-wide level. A contractor who employs workers and manages
workers under their control must ensure that appropriate supervision is provided.
There are a few obligations of the contractors after being given site as referred to PAM Contract
2006 and P.W.D Form 203A (Rev. 1/2010). The comparisons are as shown in the table below.
PAM Contract 2006
Clause 1.0
1.1 The contractor shall upon and subject to these
conditions carry out and complete the works in
accordance with the Contract Documents and in
compliance therewith provide materials, goods and
standards of workmanship of the quality and
standard described in the Contract Documents
and/or required by the Architect in accordance with
the provisions of the Contract.
Explanation: The contractor is obliged to carry out
and complete the work that has been entrusted to
him with necessary qualifications, such as good
financial condition.
Clause 1.0
1.3 If the contractor proposes any alternative
design to that specified in the Works or if the
Contract leaves any matter of design, specification
or choice of materials, goods and workmanship to
the Contractor, the Contractor shall ensure that
such works are fit for its purpose. The copyright of
the Contractors design and alternative design
belongs to the Contractor, but the Employer shall
be entitled to use the design and alternative design
for the completion, maintenance, repair and future
extension of the works. The acceptance by the
Architect or Consultant of the Contractors design
and alternative design shall not relieve the
Contractor of his responsibilities under the
Contract.
Explanation: Contractor is asked to propose his
own design for the project as well as the Architect.
It is the contractors ownership of the copyright
and no party can claim that it is their own design.
Even if the client is not interested in a contractors
design, the contractor is still obliged to carry out
the tasks that has been given by the client to him.
Clause 25.0
25.4(a) The contractor shall vacate the site and
return possession of the site to the Employer who
may employ and pay other Person to carry out and
complete the Works and not to make good any
defects. Such person may enter upon the Works
and use all temporary buildings, construction
plants, tools, materials and goods intended for,
delivered to and placed on or adjacent to the Site
and may purchase all materials and goods
necessary for the carrying out and the completion
of the Works. The contractor if so required by the
P.W.D Form 203A (Rev. 1/2010)
Clause 10.0
(a) Construct, complete, test and commission the
Works in accordance with the Specifications,
Contract Drawings and any other documents
specified in the Contract Documents.
Explanation: Contractor is instructed by the
Superintending Officer or Architect to construct,
complete, test and commissioning the works being
given by the client in accordance with the
specifications, contract drawings or any other
documents for as long as the client is able to
provide payments on time for the contractor and his
workers.
Clause 10.0
(d) Perform the works and discharge its obligations
as contained in this Contract by exercising
professional judgement and practice, requisite
skill, care and diligence. In performing the Works,
the Contractor shall provide well-outlined
procedures in the form agreed by the Government
for reporting and co-ordination purposes.
Explanation: Contractor must perform his duty as
long as the contract is intact by practicing
professional judgement and practice, as well as
skills and diligence. Contractor has to provide
well-outlined procedures for the purpose of
reporting.
Clause 38.0
38.2 Unless the Contract documents shall
otherwise provide, possession of the site as
complete as may reasonably be possible but not so
as to constitute a tenancy, shall be given on or
before the Date of Possession stated in the Letter
of Acceptance to the Contractor who shall
thereupon and forthwith commence the works (but
subject to Clause 38.1) and regularly and diligently
proceed with and complete the Works on or before
the Date for Completion as stated in Appendix.
 Employer or by the Architect on behalf of the
employer shall within twenty one (21) days of the
date of determination, assign to the Employer the
benefit of any agreement for the continuation of the
hire of construction plant and equipment already on
the Site.
Explanation: Contractors which are not capable to
proceed with the project is determined by the client
and his works are given to another contractor who
is chosen by the client, to carry out the works that
is necessary for the completion of the project.
Explanation: Contractor need to start the works
and complete the works on or before the date of
completion as stated in appendix. It is an obligation
for a contractor to proceed with the work regularly
and diligently and complete the work on time.
These requirements ensure that the contractor will
perform according to the agreed schedule and the
project can be completed within the promised
duration of contract. Contractor is obliged and
could be compelled to surrender the possession of
site upon the completion of the works or when the
contract is rescinded or terminated. The S.O will
give written instruction to the contractor specified
such as default and requiring the contractor to
remedy such as default within 14 days of the
receipt of the default notice or any period
determined by the officer named in appendix.

As referred to Clause 51.1 (a)(i), which is when a contractor fails to commence work within two
weeks after the date of site possession., he/she is liable to determination by the client. Client can choose
whether to charge the contractor with Liquidated Ascertained Damages (LAD) or to terminate the contract
with the contractor and sign a new contract with another contractor of his choice. A contractor has to be
responsible to what he was assigned with. This matter cannot be taken lightly as it would bring difficulties
to both parties. Client will waste time dealing with a contractor who cannot proceed with the given tasks
and contractor will have to be punished as referred in Conditions of Contract.
Construction projects usually and almost most of the time run into delay of works, whether as a
result of his own default, acts of the client, or circumstances which is out of control of either sides, and
claims relating to delay can be unusually complex. The contractors obligations in respect of time for
completion of works under a construction contract will depend on the express provisions of the contract or,
where such terms are not express, upon terms implied by law, and in certain circumstances, terms implied
for the purposes of business efficacy. It is normal for contracts to include an express provision requiring
the contractor to complete the works either by a specified date or within a specified time period. Where the
contract provides for the works to be completed within a set of time period, the commencement date needs
to be clearly defined in order for the completion date to be identified. If the contract does not provide
expressly for a completion date, it will be implied that the contractor is to finish the tasks within a reasonable
time. In these circumstances, what constitutes a reasonable time will be a question of fact. Based on the
principles set out in Pantland Hick v Raymond and Reid, excluded any causes of delay which were under
the contractors control.
Construction contracts provide for the payment of Liquidated Ascertained Damages in respect of
certain types of breach of contract. Construction contracts commonly provide that if the contractor fails to
finish the tasks by the period of time, or within the date given, as stipulated in the contract, then the
contractor must pay to the employer, by most cases, the employer will be entitled to deduct or file a lawsuit,
at an agreed rate either daily or weekly, from the contractual date for completion until the date that the
works are actually completed. The incorporation of liquidated damages clause of this nature has points of
interest for the two gatherings. From the contractors perspective, such statements are ordinarily thought to
be an impediment of the contractual worker's obligation for delay, enabling the temporary worker to
comprehend the degree of its hazard for late fruition and consider that risk into tender price. From the
employer's perspective, liquidated damages clauses give the employer a contractual right to pay at a
concurred rate, making it superfluous for the employer to seek after a claim against the contractor for
general damages for breach of contract. The enforceability of any liquidated damages clause is liable to
various standards, incorporating the rules in connection to "penalty clauses". As indicated by this rules, in
order for the clause to be enforceable the liquidated damages must be set at a level which reflects an
authentic pre-estimate of the employers feasible misfortunes emerging from any deferral.

REFERENCES :

Contractor (2015) Retrieved from http://www.hse.gov.uk/construction/cdm/2015/contractors.html

Duties of contractors (2017) Retrieved from

https://www.aisolutions.co.uk/Community/Knowledge/Topic/12/4/Duties-of-Contractors