jkr standard form of agreement for

102 Pages·2006·1.39 MB·English

JKR STANDARD FORM OF
AGREEMENT

FOR

CONSULTANCY SERVICES

BETWEEN

CONTRACTOR AND CONSULTANT

FOR

DESIGN AND BUILD CONTRACT

MAY 2004
CONTENTS

Pages
SECTION A - MEMORANDUM OF AGREEMENT ………………………… A1/3 - A3/3
SECTION B - CONDITIONS OF ENGAGEMENT …………………………. B1/16 - B16/16
SECTION C - SCOPE OF SERVICES FOR:

- CA : ARCHITECT …………………………………………… CA1/6 - CA6/6
- CE : ENGINEER …………………………………………… CE1/14 - CE14/14
- CQ : QTY. SURVEYOR ……………………………………. CQ1/3 - CQ3/3

SECTION D - SCHEDULE OF FEES FOR:
- DA: ARCHITECT ……………………………………………. DA1/17 - DA17/17
- DE: ENGINEER …………………………………………….. DE1/15 - DE15/15
- DQ: QTY. SURVEYOR …………………………………….. DQ1/19 - DQ19/19
SECTION A

MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT

MEMORANDUM OF AGREEMENT

Made the ……………………..day of …………………………………….20 …………………………

BETWEEN

………………………………………………………………………………………………………………

(hereinafter called “the Contractor”) of the one part

AND (1)……………………………………………………………………………………………………

PRACTISING AS (2)………………………… (Consultant’s Profession) at …………………….….
………………………………………………………………………………………………………………
under the style of (name of firm)
……………………………………………………………………………………………………………….
(hereinafter called “the Consultant” which expression includes the legal representatives,
successors in title and permitted assigns) of the other part.

WHEREAS the Contractor has entered into a Contract .No ………………………………….
made ……………day of ………………...20…… (hereinafter referred to as ‘the Contract’)
between the Government of …………………(hereinafter called ‘the Government’) of the one
part and the Contractor of the other part for the
……………………………………………………………………………………………………………….
.………………………………………………………………………………………………………………
(hereinafter called ‘the Project’).

(1)
Insert name of firm
(2)
Insert the relevant profesion e.g. quantity surveyor / architect / civil & structural engineer

A1/3
Revised
11.10.2002
AND WHEREAS the Contractor is desirous of appointing the Consultant to provide professional

(3)…………………………………………………………………………………………………………..
services for the project within the scope of services as described in Appendix…………

NOW IT IS HEREBY AGREED as follows :

1.0 The Contractor hereby appoints the Consultant to provide the abovesaid professional
services for the Project subject to and in accordance with the Conditions of Engagement
hereinafter set out and the Consultant hereby accepts the appointment for the purpose
of providing services for the same subject to and in accordance with the Conditions of
Engagement.

2.0 This Memorandum of Agreement, the Conditions of Engagement and the Schedule of
Fees shall together constitute the Agreement between the Contractor and the
Consultant.

3.0 In consideration of the Consultant providing the professional services required, the
Contractor hereby agrees to pay the Consultant in accordance with the Schedule.

4.0 The intervals of payment shall be as per respective interim payment under the Contract.

(3) State the Consultant’s services e.g. quantity surveying / architectural / civil & structural

A2/3
Revised
11.10.2002
IN WITNESS WHEREOF the parties have hereunto set their hands on the day year first above
written

SIGNED BY : ………………………………) ……………….................
...…………………………………………… .) Signature of Contractor
for and on behalf of
THE CONTRACTOR

In the presence of

(Witness)

Name : ……………………………………. )

Address : ………………………………….)
………………………………… )
…………………………..
………………………………… .) Signature of Witness
………………………………… .)

SIGNED BY : ……………………………. )
) ……………………………..
……………………………. .) Signature of Consultant

for and on behalf of )
)
)
)

…………………………………………… )
Seal or Chop of the Consultant
In the presence of
(witness)

Name:……………………………………..)
Address : …………………………………)
…………………………..
…………………………………) Signature of Witness
…………………………………)
A3/3
Revised
11.10.2002
SECTION B

CONDITION OF ENGAGEMENT
CONDITIONS OF ENGAGEMENT
for the
.....................................................................................................................................................
.....................................................................................................................................................
AGREEMENT for the above Project entered into on the ....... day of ....... 20.... by the
undersigned parties refers to these CONDITIONS OF ENGAGEMENT which shall be read and
construed as part of the Agreement.

............................................................ ........................................................…….
Signature of Consultant Signature of Contractor

Name in full: ....................................... Name in full:.......................... ..………….

In the capacity of : ............................. Designation:
............................………….

duly authorised to sign for and for and on behalf of the
on behalf of

.........................................................
Seal or chop of Consultant

Witness: .......................................... Witness: ...................................................

Name in full: .................................... Name in full: ............................................

Occupation: .................................... Designation: ............................................

Address: .........................................

..........................................

….......................................

B/i
Revised
11/10/2002
CONDITIONS OF ENGAGEMENT
1. DEFINITIONS

In this Agreement unless the context otherwise required the following expressions shall
have the meanings hereby assigned to them:

1.1 “Contract” means the contract signed between the Contractor and the Government.

1.2 "Contractor" means any person or persons, firm or company who has signed the
contract with the Government to perform Works or to supply goods in connection
with the Works or both under the said contract;

1.3 "Consultant" means the ..................................................................................*
engaged by the Contractor and approved by the P.D. to perform the professional
services;

1.4 "Cost of Works" means costs ascertained in accordance with the definition
contained in the Schedule hereto;

1.5 "Project" means the project for which the Contractor has engaged the professional
services of the Consultant and of which the Works form a part;
1.6 “Project Director” means the Project Director (hereinafter referred to as the P.D.)
shall be** ..............................................................................................................
and his successors in office.;

1.7 “Subcontractors” means specialists, merchants, tradesmen and others employed by
the Contractor to execute works or supply goods and services in connection with
the Contract ;

1.8 "Schedule" means the Schedule of Fees for Q.S***/Engineers***/Architects***
annexed to these Conditions of Engagement; and

1.9 "Works" means the works in connection with which the Contractor has engaged the
Consultant to perform professional services.

2. DURATION OF ENGAGEMENT

A) The appointment of the Consultant shall commence from the date of the
Memorandum of Agreement or from the time when the Consultant shall have begun
to perform for the Contractor any of the professional services described in this
Agreement, whichever is the earlier.

B) The Consultant shall not, without the written consent of both the P.D. and the
Contractor, assign the benefit or in any way transfer the obligations of this
Agreement or any part thereof.

* State the Consultant’s profession
** State the official designation of the officer responsible for the overall supervision and direction of the Works
*** Delete if not applicable
B1/8
Revised
11.10.2002
2. DURATION OF ENGAGEMENT (CONT’D)

C) If at any time the Government decides to postpone the Project the Contractor with
the written consent of the P.D. shall, by notice in writing to the Consultant terminate
his appointment under this Agreement, provided that the Contractor may, in lieu of
so terminating his appointment require the Consultant in writing to suspend the
carrying out of his professional services under this Agreement for the time being. In
such event, the Consultant shall be paid in accordance to the Schedule.

D) If the Contractor fails to comply with any of its fundamental obligations under this
Agreement, the Consultant may by not less than sixty (60) days with the written
consent of the P.D., give notice in writing to the Contractor to terminate his
appointment under this Agreement, provided that, in lieu of so terminating his
appointment, the Consultant may:

a) Forthwith upon any such failure suspend the carrying out of his
professional services hereunder for a period of sixty (60) days (provided
that he shall as soon as practicable inform both the Contractor and the
P.D. in writing of such suspension and the reasons thereof); and

b) At the expiry of such period of suspension either continue with the
carrying out of his professional services under this Agreement or, if any of
the reasons for the suspension then remain, forthwith in writing to the
Contractor terminate his appointment under this Agreement.

E) The Consultant, shall immediately notify the Contractor in writing of any situation or
of the occurrence of any event beyond the reasonable control of the Consultant
which makes it impossible for the Consultant to carry out his obligations hereunder.
If the Contractor agrees and with the consent of the P.D. in writing that any such
situation or event exists, the Contractor may terminate this Agreement by giving not
less than thirty (30) days written notice and shall pay such charges due to
Consultant up to the date of termination of this Agreement as are still outstanding at
the time of the situation or event. In the event of any disagreement between the
parties as to the existence of such situation or event, the matter shall be settled in
accordance with Clause 9.

F) The Consultant shall, upon receipt of any notice or requirement in writing in
accordance with Sub-clause (C) or the termination by him of his appointment
pursuant to Sub-clause (D) proceed in an orderly manner but with all reasonable
speed and economy to take such steps as are necessary to bring to an end his
professional services under this Agreement.

G) Unless terminated under this Clause, the Consultant's appointment under this
Agreement shall terminate when the Consultant issues and the P.D. approves the
certificate authorising the final payment to the Contractor. The Consultant shall
prepare the final account within six months from the date of the Certificate of
Practical Completion.
Provided always that in the event of arbitration or other proceedings after the
completion of construction if so required by the P.D. or the Contractor, the

B2/8
Revised
11.10.2002