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Notwithstanding it being touted as a more balanced Form in terms of risk allocation, in the context of the local building industry, it appears to be now more Contractor friendly. In terms of risk allocation, there is a significant transfer of the risk involved in the contract to the Employer as compared to the previous PAM 98 Form. Prima facie, as compared with the previous PAM 98 Form, in particular, the Employers obligations and liabilities have been appreciably enhanced with its rights relatively reduced or watered-down. The Contractors and Employers obligations and liabilities have been now set out in much clearer language and the roles and responsibilities of the Architect expanded and amplified. Definite time periods for the principal procedural matters have now been stipulated even for the Architect and the Employer. Some changes undertaken have brought the new Form more in tandem with contemporary developments, although these are still relatively deficient in some material aspects.
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PRINCIPAL CHANGES Though the general arrangement of the clauses as in the previous PAM 98 Form, has been maintained, both the format and content has been appreciably altered. Sub-Contract Form PREVIOUS FORM (PAM 1998) 23 NEW FORM (PAM 2006) 33 CHANGE (CLAUSES) Additional 10 Clauses Without Quantities Edition PREVIOUS FORM (PAM 1998) 35 NEW FORM (PAM 2006) 38 CHANGE (CLAUSES) Additional 3 Clauses NUMBER OF CLAUSES With Quantities Edition PREVIOUS FORM (PAM 1998) 35 NEW FORM (PAM 2006) 38 CHANGE (CLAUSES) Additional 3 Clauses No such Form has been drafted nor formulated for Contracts procured along the Turnkey/Design & Build/Design & Construct/EPC method of procurement. It should be noted that the above Forms are for Contracts (or Sub-Contracts) employing the Traditional General Contracting route of procurement and are only for building works. The Malaysian Standard Form of Building Contract (PAM 1998 Form Without Quantities Edition)Īgreement and Conditions of PAM Contract 2006 (Without Quantities)įor Building Contracts based on Drawings and SpecificationsĪgreement and Conditions of Building Sub-Contract (PAM 1998 Sub-Contract Form)Īgreement and Conditions of PAM Sub-Contract 2006
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The Malaysian Standard Form of Building Contract (PAM 1998 Form With Quantities Edition).Īgreement and Conditions of PAM Contract 2006 (With Quantities)įor Building Contracts based on Bills of Quantities (BQ) The latter Form has been officially launched and intended by PAM to replace the earlier PAM 1998 Form.įORMS REVISED The PAM 2006 Family of Forms comprise the following individual Forms that have been revised: The above necessitated a further review which culminated in the drafting and implementation of the latest revised Form entitled The PAM CONTRACT 2006. The PAM 1998 Form was extensively employed for the Building Industry in Malaysia but was subjected to criticism by a segment of the said industry. PAM undertook a complete revamp of the PAM/ISM 1969 Form which was replaced by the PAM 1998 Form. INTRODUCTION BACKGROUND The PAM Standard Forms of Contract have been widely used by the Malaysian Building Industry over the last 40 years or so.
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Eng., Advocate and Solicitor (Non-Practicing)