ore tite Fédération Intornalonal doe lngénioura:Conseia Intemational Federation of Gonsuling Enghieets Inlematonale Vershigung Berstoxcer ingenieur Federacion Interacionalde ingenieros Consultores Conditions of Contract for Construction FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER GENERAL CONDITIONS GUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONS FORMS OF LETTER OF TENDER, CONTRACT AGREEMENT AND DISPUTE ADJUDICATION AGREEMENT eee) FIRST EDITION 4999AEE © Copyright FIDIG 1999 Allrights reserved. No part of this publication may be reproduced fr transmitted In any form ‘or by eny means without permission of tha publisher FDIC ison international tederaton’ot naonot Membor Astocifone of cansating engineers DIC Was ‘ounded in 1813 by three natonat assoriaions of consulting engineers within Europe. Tho cbjoctivas of fomiing tho Fadoraton wero te promote in common the professional interests af he Miernber Ascactetons, and to disseminae information of interest ta ihr members. Today, FIDIC meamberatin covers more than 70 counties from all parts of the lobe and oncompuesirg mol of tho prveto practloe ccnauling enginace, DIG 1s charged witn promoting and implementing ta consultng engineering industry's strategic gosls on bata of Member Associations. Its stratenic cbjactivas are to: represent ‘warld-wide Ihe ingjority of feria providing technology taced intlleatuo! aorvios® for the built and satura environment; assist mernne's wih issues reatng te business practice; detine and acivaly pomcto conommance te acd of ethics; entanos ths imane of consuting engineers as leads and vilth crealore in socioly; promote tho commilmerd lo sustainability. OIG arranges seminars, conferences and other events in the furtherance ofits goats: maintenance of high ethical and professidnal standards; oxchanas of views and information; décucsion of prcliima of mutual concem among Mombor Ascoclatiane and fopresentalives of the Inlernational franckal insttultens; development of the oonsuling engincering industry i developing couries, IDIC mombers endorso FDIC's statutes ancl poticy siatomonta and compy wih FIDIC's ‘Cade of Etnies which cals for professional competence, Impartial adkics and cpsn ard ait competition. IDIC, i the furtherance cf its goals, publshos international atandard ‘ors of contracts for ‘works and for clknts, consultants, sub consultants, Joint venturas and represantacives, logether with related materiels auch as stanclard pee-qualifeatlan forme. IDIC also pubjiches business practica decumants euch as pokcy statements, position pepers, ‘guides, guideinns, taining manuals and training resouco kis in the.areas of management systems (quality mensgerrent, rik managerrent, business integrly managerrenl, ervionrnent mangement, custsinabilly} and business processes (consultent selection, qualty based sofocion, tandoring, procurement, instrance, abit, tecknctogy transfer, capacity Eling). DIC organizes. an extensive progemene of seminars, conferences, capauity building ‘workshops and trang courses. DIG publications and details about events are avalabts from the Sacretariat in Switzetancl Sponife actvlios era dataied in an end kusinass plan, ard tha FDIC webste, ww fdie.cr, gives extenclve background infomation, Pushed by International Federation of Consulting Enghiesrs 1010) Warld Fade Carter Il PO, Box $11 115 Geneva 15 Swilzertard Phone 441.22700.49. 00 Fax 241 2279949 08 E-mail idee. og WwW httaanwticle.orgFIDIC® Conditions of Contract for CONSTRUCTION FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER: Secers) Fst Eaton 1299 ISBN 2.88192.022.0 FEDENATION INTERNATIONALE DES INGENEURE-CONSELS. INTERNATIONAL FEDERATION OF CONSULTING ERGNELAS INTERNATIONALE VEREINGUNG HERATERDER INGENIEUAE FEDERAGON INTERNACIONAL DE INGENFROS CONSUITORES GENERAL CONDITIONS GUIDANCE FOR THE PREPARATION OF PARTICULAR GONDITIONS FORMS OF LETTER OF TENDER, CONTRACT AGREEMENT AND DISPUTE ADJUDICATION AGREEMENTCOPYRIGHT Conyrght @ 1899 FIDIC, World Tracle Centcr I, 20 route de Peée-Bols, Genova Aiport, CH-1215 Cena, Suitzetiand. Al rights reserve PDD Is the ory Copyright owner of FIDIG publeatons, which ars protected by the Bemo (Convention for lhe Protection of Lierery and Artistic Works, intarnatonel corwentie. euch ae + TRIPS and the WIPO copyright toaty anc nation inellactual property laws, NO pert ofa FICKG Ptbication can be reprocoed, translate, adapied, stad in a erievel system or coshimuntoated, In any form or by any means, mackenicsl, seetranic, magnate, photocopying, recording oF ‘therwise, withoul prior permission in wring tram FIDIC. The velslon i Engtsh is conskiered by FIDIG as the clficial anc authent text for the ptzposes of Wanslation TERMS AND CONDITIONS Tho widespread dissemination, acceptance and use cf FDIC publizalions ard their tranolations ere: ‘important means for accomplishing FIDIC's mission anc ave lherefore ctvely promoted by FIC. The sale of FILIC pubicalions and thar tranclalions is an important sourDe of reverum for FIDIG anc} its Member Associations. tt creates reoourcas for providing a wid ronge of sarvices meting the bbushess noses of member tras, All steps, starting with the inital drafting of publications, often ‘require considerable effort ard expense. FIDIC regula updates and reisoves pubceticns so thai users can proft Yom the sate-afthe-ert. By supplying publications, FIDIC does rot grent vy intalactval nronexly rights, The purchasr: or supply of @ FIDIC publication, including forme for complotion ky a purchaser or authorised user, ‘does not confer aulher's rights under any crcumstances, Users rele an the contents of FIDIC publications. especially FINIC contrasts and agreements, for impertent business transactions. The use of auhentic publicallons Is therefore essential for ‘sateguaring thelr Inieres's. RDC discourages meditication of its publcalions, and anty in ‘exnentinal circumstanoss wil It authorise modification, cepreduction cr freorpozation deewher. Parnission fo quote from, ‘neorperale, repreduce or copy ailor part ofa FIOIC pubicalion shoud be addressed io the FIG Secretariat, which will decide upon appraotate terms. A lioonso te propore a rrodified or adapted publication wi be agreed to under certain confulars, Spocitéaly the mediiéd or ddepted Publication must be for intemal purposes, and not be Ublishad or distibuled commercially In the case of FIDIC contracts and ageorenis, ADG aims to provide owanced and equitahio. -concitions of contract by ensuring the hlearity ot its publlestions. A purchaser or authovised! user of 2 FIDIC contract or ugroomant is thus granted the Fight fo: snake a single copy of the purchescel document, for pursonel and private use; Incorporate in ether decumarts (ot electranic files} either the cxginal printed documant for Sectronic fio} ov pages prints from an electronic Me Supplied by FIDIC for this purpose; cfaw up and distribute ntemolly and/or emone gsrtnors ciesily dered Parliculer Canciones ‘© thoi equivelont using taxt provided in the FIDIC pufbicetion specifically for this purnose; > fepmeuce, complete ard dleldaute ntemally nwyfer among partnersany ‘ome, in both printed ‘and electronic formats, pravicted for completion by the purchasar or user. DISCLAIVER, While FDC aime to oncuro that its publications taprescnt the boot in business pacilce, tho Federation accepes or assumes no tably or sponsibity for any events or the consequences thorsof thet derive from the use of ts pUblizations, FIDIC pubbalone ave provided *aaist, witout warrenty of ary kind, ether express or implied, incucing, without limtaton, warranties of Imeschantebilty, fines for a particular purpaso and norriniingement, FIDIC purbications ere net exhaustive and are cn intonced to provide gororal guidance. Thay choulé nct be ried upon in & ‘specii¢ siluelon oF jesus. Expert eyal aavice should ba obtained whenever approoriate, and ‘particularly bafcre ertering into or terminating a contact.CONTENTS Acknowledgements Foreword Goneral Conditions Contents cece Definitions fisted alphabetically : we Clauses 1-20 . cece : : 1 Appandix: Gororal Conditions of Dispute Adjudication Agreoment .... 6 Annex: Procedural Pules.. wileeeeneeee Index of Sto-Classeas ‘Buicsrce for the Proparallon of Partcular Conditions Conients .. Introduction . Per Notes on the Preoeration of Tender Documents . Chouses an Annexes: Foimrs of Socurly Fors of Letter of Tender, Contract Agreement and Dispute Adudication Agreement Latter of Tender . .... i Appendix to Tender... Gontract Agreement... : seers Dispute Adjudication Agreement fone pergon) ... 2... ov Dispute Aqiudicaiion Agreament (twee person) ol Errata to tho Fist Edilion 1999. « -Ingido back cover @ebe 1099ACKNOWLEDGEMENTS Fédération Intemationala des ingSrieurs-Conseils (FIDIC) extends special tharks to the following members of its Update Task Group: Christopher Wade (Group Leaden, SWECO-VBB, Swerien; Peter L-Booen (Principal Drafter, GIRB Lid, UK; Hermann Bayerlein, Fichtner, Germany; Christopher R Seppala ‘Legal Adhiser, White & Case, France; and José F Specials, IATASA, Argentina. ‘The preparation was carried out under the general direction of the fIDIC Contracts Committee vihich comprised dchn B Bowcock, Consulting Engineer, UK (Chairrran); Michael Mortimer-Havikins, SwedPower, Sweden; and Axel-Volkmar Jaeger, Schmldt Reuter Partner, Gerrrany; togethar with B (Tory) Nonis as Special Advisor Drafis were reviewed by many persons and orpanisetions, incluting those Hstert below. Their comments were duly stuciod by tho Update Task Oroup and, where ‘considered appropiate, have influenced the worcing af the clauses. Ihab Abu-Zahra, CRC — Hassan Dara, Egypi; Mushtaq Ahmad, NESPAK, Pakistan; Potar Batty, Post BUCHley Intemational, USA; Roland Gertrams, Cillord Chanoe, Netherlends; Bosen, He, Tianjin University, China: Manfed Breage, tahmeyer International, Germany; Pablo Bueno, TYPSA, Spain; Nael G Sunni, Gansuttng Engineer, land; Pater Ht J Chapman, Engineer & Banister, UK; lan Fraser, Bese Carter Hollings & Ferner, New Zealand; Hoy Goode, Oxfore: University, UX; Oan W Graham, Bristons Cooke & Garpmael, UK: ark Gulfiths, Geifiths & Amour, UK; Gaottiey F Hawker, Consuling Enginear, UK: Hassa & Steinberger. VDMA, Germany; Poul E Hilsted, E&samproiekt, Deniers Gordon L Jaynes, Whitman. Breed Abbott &. Morgan, UK; Tenny Jensen (Chairman of FIDIG Quality Management Committea), COWI, Denmark; David Khallbf, Jordan; PHllp Loots & Associetes, South Attica; Neil McCole, Merz and McLalian, UK; Matthew Needharn-Laing, Viciotta Russell & Paul J Tay, Berrymars Lace Mawer, UK: Brian W Totterdll, Consulting Engineer, UK: David R Wightman & Gerlando Butera, Nabarre Nathanoon, UK; the Assosiallon of dapancee Concuting Engiteers; the Consttustion Industry Aulhorty of the Philippines; European Iniamalional Contractors; Oacanismna da Liaison industies Métaliques Furopéerries CORGALIME, the International Association cf Dradgiag Contractions; the intomational Ber Association: the Aslan Development Bank; and the World Bank. Acknowledgerrent of revioweers does not mean that such persons or organizations approve of the wording of al clauses, FIDIC wishes to record lis appreciation of the time and effort devoted by all the above, ‘The ultimate decision on the-form arc! content of the document rests with FIDIC. eno 3mFOREWORD ‘The Fédération Intemallonats das Ingérieurs-Censeis (FID‘C) published, in 1999, First Edillons of four naw standard fore of contract: Conditions of Contract for Constnicton, ‘which ara recommended for building or engineering woiks designed by the Employer or by his representative, tha Engineer. Unde: the usuaFarzangernents ‘or this type of contract, the Contrabtor constructs the wotke in accordance ‘with a design provided by the Empioyer However, the works may include 30778 elements of Contractor-designed civil, mechanioal, stectrical and/or ‘sanetruction works. Conditions of Contract for Plant anc Design-Butd, ‘which are recommended for the provision of electical and/or mechanical plant, and for the design and exocution of building or engineering works. Under the usual anargemonts for this typo of contrast, the Contractor designe end provides, In accordance with tha Employer's renuirements, plemt anc/or othar works: which may inclide any combiralon of civ, machanical, electrical and/or construction works. Conditions of Contract for EPC/Tuinkey Projects, ‘which may be stitab fer the provision on a turkey basks of a proves or ower plant, of factory or sitar facily, or of an infrastucture project or other type of coveloprent, where {a higher cdegroo of cortainty of final prise and time is required, end (i) the Cortracior takes totel responsiliity ‘or the daston and execution of the project, wlth ills imolvennant of the Employer. Under the Usual arrangements for turakey projects, tha Contractor caxries out al the Engineering, Procurement and Construction (EPO), providing a tuly-acuinced facility, ready for operation (at the “turn of the key’). Short Form of Contact, ‘which is tecommenced for builing or engineering works of relatively sil ‘capital velus. Doponcing on the lype of work ard the circumstances. this forrn may also be suitable for contracts of greeter veluo, partéulerty for cletivety simple or repettive work cr work of short duration, Under the usual arrangements for this type of contract, the Contractor conetructe the works in ‘accordance with a design provided by the Empoyer or by his tepresentatve (f ny), but this forrn may also be suitable Fer a contract which includes, or wholly comprises, Coniractor-designed vi, mechanical, electrical andor construction works, The forms are recommenced for general use wharo landers are invited on an interrational basis. Modiicatons ray he renuired in some jurisdictions, particutarly i the Conditions are to be used an domestic contrasts. FIDIG considers the oficial end authentic texts to be te versions In the English language, Inthe proparetion of these Condlifons of Contact for Construction, it was recognised that. waite there ate many sub-clauses which will be generally epplicablo, there are some suib-classee which must nocassatily vary to teica eocaunt of the circumstancesrelevant to the particular contract. Tho oub-clausse wtich were constiored te be appicatie to many (but not all contrasts heve been Included in the General Condiiens, in order to facifta‘e thair incorporation Inlo each contract ‘The Gone‘al Conditions and the Particular Conditions wil together comprise the Condiions of Contract governing the rights and obtgetione of tho part. It wil he necessary to prepare the Particu‘ar Conaitions for each inaividual contract, and to take account of those sub-clausos in the Gereral Condtons which mention tha Particular Conditons. For this publcation, the Genoral Conditions were propared on the following basis: @—Into'im and final payments will be deterrined by maasurement. applying the rales and prices in a Gil of Quantities; {ij ifthe wording in the Genoral Conditions necessitates further data, then (unless, itis so cescriptive that it would have tc be detaled in the Spacifcation) the sub- lause makes reference to ihis dala being contained in the Appendix to Tender, the data either belng presciibed by the Employer or boing insarted by tho Tenderer: (i) Where @ sub-clause In the General Conditions deals with a matter on which different contract terms ara likely to bo applicable for different contracts, the principles appted in witing the cub buco wore (6) user Would find it mora convenient if any provisions which they did not wish to apply could simply be deleted or not invoked, than if edaltional text Fad to 00 vifitten fn the Parlicutar Conditions) because the Gencral Conditiona did not cover thoi requiemenis; or (©) in other cases, where the applealion of fa) was thought to be inappropriate, the sub-clause contains the provsions which wae conistlered appicabte to most contrants. For example, Sub-Ciause 14.2 [Advance Payment) is Included for convenience, rot because of any FIDIC policy in raspcot of advance payments. This Sud-Clause becomes inapalicable (even I itis not deleted) if tis disregarded by not specifying the amount of the advence. Il should therefore be noted that some of the provislons Contained in the General Conditions may not be appropriate ‘or an apparenly-typicel contract, Further thforrmation on these aspects, exemple wording for other arrangements, anc ther expianatory matarial end example worcing to assist in the preparation of the Paiticular Conditions and the other tender documents, afe included within this publication as Guldance for the Preparation of the Particular Concitions. Before incorporating ary example wording, it must be checked to ensure that it is wholly Suitable for the particular ciraumstances; if rot, i! must be emencad. Whore oxample wording Ie amended, end in all cases whero other amendments or additions are mada, care must be taken to ensure that no ambiguity is created, wither with the General Concitions or batwean the causes in the Parficular Condilfons. It is, ossential that all these drafting tase, and the entre preparation of the tendar rec 1908documents, are enirusted 49 parsonnel with the rlavant expertise, including the contractual, technical and procurement aspects. ‘This publication concides with example ‘ore for tho Lettor of Torder, tha Appanalix 10 Tender (providing a check-Ist of the sub-clauses which refer to ¥), the Contract Agreement, end alternatives for the Dispule Adjudication Agreement. This Dispute Adjudication Agreament provides tort for the agreement between the Employes the Contractor and the person appointed to act either as sole edictcator or as membor cf a thres-pereon dispute adjcication board: andl incorporates (by reference) the {ens In the Apperchcto tho General Corkitions, FIDIC intends to pubtish a guide to the use of its Conditions of Contract for Construction, for Plant andl Design-Build, and for EPG/Turakey Projects, Another relevent FIDIC pubicstion is “Tendering Procedure’, which presents a systematic approach to the salaction of tandeters and the oblebing and eveluation of tenders, In order to clarify the sequence of Conirect asthites, rolorence mey be made to the charts on the next tivo pages end to the Sud-Clauses Isted below (soma Sub-Ciause umbers ate also stated in the charts). The charts ave flusiratlve and musi not bo ‘taken into consideration in the interpretation of the Conditions of Contract. 11.8.1 & 187 Base Dato 1.1.32 & 81 — Gommencement Date 1168 & 42 Performance Securiy 1.4.47 & 148 Interim Payment Certlicala 1123 & 82 Time for Completon (as extended under 8.4) 14.34 & 9.1 Tests on Completion 1.189 & 101 Taking-Gver Geriiicate 14.27 & 11.1 Defects Notification Period (as extended under 11.9) 1.1.3.8 & 11.9 Performance Carificaie 1.1.44 & 1413 Final Paymant Cattlicale ‘enor 1080Isaue of Submission lssve of the 8.1 TO: esi of 11.9 sua cof the Tender ofthe Lallwraf —Commoncarrent Taking Over Perfouranice Documents Tender aAbceptanoe Date Coriicata — Cerisate Detects Noiiloton 82 Time Sor Completion? Dety atributable tothe contactor? AD tesu of 9.1 Teele on» | Preracying >| Petfornanca Soeutty Cempation® or Detects 42 Rounot | to Performance Souunly Typical sequence of Principal Evenis during Contracts for Construction 1. The Timo for Cepletion is to be stated {in the Appendix to Tonddr as a number of dys, to which is added ‘any extensions of time under Sub-Ciause 8.4, 2. In erder to incicato the sequence of events, tho above diagram is based upon the example of the Contractor falling to comply with Sub-Clause 8.2, 8. ‘The Defects Notification Period is to be stated (n the Appendix to Tender) as @ nurrbor of days, to whish fs added ary extensions uncer Sub-Clauss 11.2 erAInIC 198148 Contactor 145 Enaiooor 147 Employer maces subi Stoternent eau Interns lhe payment Wo ie tote Enginens Payment Corificale Contactor act of tho monthly for otherwise) The tinal payment Enginee:vertes tha slaternt, Contscior submits informatica, <86d 14.11 Contractor suomi 14.11 Gentiacor submis. 14.13 Engineer ieases 14.7 Eimteyer ‘del fnal statement to the Fa Siatemant end the Final Paymnond aes payne Engineer 14.12 discharge entice | Typical sequence of Payment Events envisaged in Clause 14 ea 202 Pati 204 APatyrees 2D4APary may COB AP ary | Commencemsat point a disoueta the sus. “nofes ot may inate : Date DAB DAB ratsfectin arbitration amicable setoment Patios present submissions tone DAB, OAR gives Attends Ite decison appointed ‘Typical sequence of Dispute Evants envisaged in Clause 20 epmcime ‘FIDIC® Conditions of Contract for CONSTRUCTION FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER General Conditions FEDERATION INTERNATIONALE OCS INCENIFURS-CONSSILE INTERVATIONAL FEDERATION OF CONSULTING ENGINESAS INTERNATIONALE VEFRNIGUNG BERATENDER INGENEUFE FEDERAZION INTERHACIONAL DE NGENIEROS CONSULTORES GENERAL CONDITIONS GUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONS FORMS OF LETTER OF TENDER, CONTRACT AGREEMENT AND DISPUTE ADJUDICATION AGREEMENTGeneral Conditions CONTENTS: GENERAL PROVISIONS .. 4.1 Definitions 1.2 interpretation 4.3 Communications 14 Law and Language 4.5. Piicrty of Documents 1.6 Contract Agreement 4.7 Assignment 1.8 Care and Supply of Documents 1.2 Delayed Drawings or Instructions 1.10. Employer's Usa of Conitraotor'e Documents 1.11 Contractor's Uso of Employer's Documenis 1.42. Confidential Details 1.48 Compliance wih Laws 1.14 Joint and Several Liabilty 2 THE EMPLOYER . seers 2A Right of Aocess to the Site 2.2. Pennits, Licences or Approvals 23 Employer's Persomval 2.4 Employer's Financial Arengerenis 2.5 Employer's Claims 3 THE ENGINEER ....... 3.1 Enginoor's Cutles snd Authority 8.2 Delegation by the Engincor 8.3 Instructions of the Engineer 3.4 Replasernant of the Engineer 8.5 Dotorminations 4 THE CONTRACTOR ... 4.1 Contractor's General Obigatiors 42 Porrotmance Security 43. Contractors Representative 44 Subcontractors 45 Ascgnment of Berefl of Subeantract, one 10% i re i a46 Az Ag 4g aio ant 412 413 414 416 4.16 At 418 44a 420 421 ADB 423 424 9.1 52 62 54 ei 62 63 64 6s 66 67 6a 63 6.10 eit 7 7A 72 73 74 75 76 77 78 8 a4 82 Co-operation Setting Out Salaty Procedures, Quality Aseurance Site Data ‘Sulefancy of the Accepted Contrast Amount Unforosesable Physical Conditions Rights of Way and Faciliies Avoicance of interference Agoess Route . FFansport of Goods : Contractor's Equipment Proteston of the Environment Flecticty, Water and Gas Employer's Equipment and Fros-issue Material Progress Reports Socurity of tho Site ‘Contractor's Operations on Site Fossis NOMINATED SUBCONTRACTORS .. .. Detiniton of “nominated Subcontractor’ Obection to Nomination Payrients to neminated Subcontractors Evidence of Payments STAFF AND LABOUR Engagement of Stafl and Labour ales of Wages andl Conditions of Labour Persons in the Sewice of Employer Labour Laws Working Hours Facittios for Statf and Leoour Health and Safety Contractor's Superintendanea Contractor's Personne! Records of Contractor's Personnel and Equipment Disorderly Conduct PLANT, MATERIALS AND WORKMANSHIP - ey ‘Manner of Execution Samples Inspection Tosting Rejection Remedial Work Ownership of Plant and Matoriale Fooyalttes COMMENCEMENT, DELAYS AND SUSPENSION . . ‘Commencemont of Works Time for Completion DIC 1298 Caio at Cantar Conabuctonener Conatons 383 BA 85 BB a? 38 ag 8.10 at aie a4 92 98 QA 10 00 402 108 04 " WA u2 13 tt ns tts we 138 19 Programme Extoncion of Timo for Complation Debys Caused by Autnorities Rate of Progrose Delay Damages Suspension of Work Consequences of Suspension Payment for Plant and Matetiais in Evonit of Susponsion Prolonged Suspension Resumption of Work TESTS ON COMPLETION . Coatacter’s Obigalons Delayed Tests Retesting Fallura to Pags Tosts on Completion EMPLOYER'S TAKING OVER .. Taking Over of the Works and Sections “Taking Over of Parts of the Worke Intorforence with Tests on Completion Surfaces Requiring Reinstaternent DEFECTS LIABILITY . Completion of Qutstanciing Work and Pemedying Defects Gost of Remedying Detects Extension of Deiecte Nott Failure to Remedy Gefects Romoval of Defective Work Furthor Tests Right oF Access Contractor to Search Performance Gesticata -atlon Period. 17.40 Uniulilled Qbigations 41.14 Clearance of Sito 2 424 12.2 123 jaa 13 18. 13.2 133 134 135 86 137 BE MEASUREMENT AND EVALUATION 0.2... Works to be Measured Method of Measurement Evaluation Omissions: VARIATIONS AND ADJUSTMENTS . Right to Vary Value Enginccring Veatalion Procedure Payment in Appicable Currencies Provisional Suma Daywork Adjustments for Changos in Legislation ‘Adustmerts for Changes in Cost Fie 1948 iti | ouoanoe FORMS44 CONTRACT PRICE AND PAYMENT... 0.00.00. 14.1 The Contract Prca 44.2. Acvence Payment 143. Appleation for Intarm Payment Gertficatas 14.4 Schedule of Payments 1A. Plant end Matesiaisiniondto for tha Works 14.8. Issue of interim Payment Coricates 147 Payment 148. Delayed Payment 149 Payment of Fetertion Money 14.10 Statorront at Completion 14.14 Applcation for Final Payment Certiicate 14.42 Discharge 14.13 lsu of Final Payrnant Certiicate 14.14 Cessaton of Employer's Llty 14.15 Curnclas of Payrnent 15 TERMINATION BY EMPLOYER 19.1 Notice to Coneot 152 Termination by Employer 16.3 Valuallon at Date of Termination 15.4. Peymentatter Termination 16.8 Empioyer'e Entiloment to Termination 16 SUSPENSION AND TERMINATION BY CONTRACTOR .... 49 161 Contractor's Entitieent to Suspend Work 16.2 Termination by Contractor 16.3 Cessation of Work and Removal of Contractor's Equipment 164 Payment on Termination 17 RISK AND RESPONSIBILITY « - 50 17.1. Indomnities 17.2. Contractor's Care of the Works 17.8. Employer's Risks 17.4 Consequences of Employer's Risks 17.5. In‘elloctual and Industtial Property Rights 17.8 Limitation of Liabiity 18 INSURANCE .. 18.1 General Requiraments for Insurances 18.2 insurance for Works and Contractor's Equipment 18.2. insurance against Injury to Porsons and Derrage to Property 18.4 Insurance for Contacter'e Personnel 19 FORCE MAJEURE - cee 19.1 Definition of Force Majeure 18.2 Nolice of Force Majeure 19.3. Duty to Minimise Delay 16,4 Consaquonces of Force Majeure 18.5. Foros Majeure Afecting Subcontractor © ADE som ‘urea of Coxe fr GomatistbonGeneral Cations 19.6 Optional Termination, Payment and Release 19.7 Rlolease from Performance under the Lew 20° CLAIMS, DISPUTES AND ARBITRATION 20,1. Contractor's Gains 20.2 Appointment of the Dispute Adiudication Board 20.3 Fale to Agroo Disputs Acjudicetion Board 204 Obtaining Disputo Adjudication Fsoerd's Decision 20.6 Amicabls Settlement 20.6 Atbivation 20.7 Fallurs to Comply wilh Dispute Adjudicalion Board's Decision 20.8 Expiry of Dispute Adjudication Board's Appoininront APPENDIX QENEMAL CONDITIONS OF DISPUTE ADJUDICATION AGRECMENI INDEX GF SUB-CLAUSES ... Src 1980 4 FoRusvi Definitions listed alphabetically 1d 1a 1.4.8.7 4410 1.18.2 14d 12 1442 14.28 44.61 4A 127 1128 143 11.62 11.29 11.9 1410 187 1108 1122 4.1.63 44.26 1A 4.1.2.10 1A 4A 1164 1146 AAD ‘o NNG 1908 Accepted Contract Amount Appendix to Tender Bese Date Gill of Quantiies Commencomant Dato Contract Contract Agrsemeant Contract Price Contractor Gontrastor's Documents ‘Contractor's Equipment Contractor's Personnel Contractor's Representative Cost, Country DAB day Deywork Scheduie Defects Notification Periog Drawings Empoyer Empbyer's Equipment Empioyer's Poreonrial Engineer FIDIG Final Payment Cerificate Firat Statement Force Majeure Foretan Currency Goods 11a? 1.168 1113 and 4148 11538 1124 1149 1138 1188 15a 1158 11.440 1A 4A 1188 1467 1445 1442 1128 1135 1157 1448 1138 1s 1133 1168 4169 1198 1.138 Interim Payment Geitiicate Laws . Letter of Acceptanos Lotter of Tondar Locat Currency Matetias Party Payrrent Certficate Performance Certificate Performance Security Penmarent Works Pant Previsionel Summ Retention Money Schedules Seotion Sile ‘Specineaton Staterrent Subooritractor laking-Ovor Cerificate Temporary Works Tender Tasts after Completion Tests on Gematetion Time for Comletion Untoreseeable Variation Works year (Cation of Centar ContainGeneral Conditions Geni 4 Dofiritions 1A Tho Contract ‘erersl Cation ral Provisions i In tho Conditions of Contract ("those Condillone'), which include Particular Corcitions and these General Conditions, the following words anc expressions shall have the meanings stated. Words indicating pereons or parties include corporations end other legal ertites, except where the contaxt requires otherwise. wat 14a 114.8 1a AAAS AA6 VAL 144.8 1149 4140 FING 198 "Contract! means the Contract Agrcement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Specification, the Drawings, tis ‘Schocules. and the further documents (if any; wtilch are fisted in tie Contract Agreernent orn the Letlor of Acceptance, "Contract Agreement" means the contract agroemont (f any) refevect to in Sub-Clause 1.8 [Contact Agreement]. “Lotter of Accoptance" moans tho latter of formal acceptance, signed by the Employer, of tho Letter of Fender, incliding any annexed memorande conpising agreements between and signed hy doth Parties, If there is no such letter of avceptence, Ihe exprassion “Letter of Acceptance moans the Contract Agreament and the dete of issuing or receiving the Letter of ‘Accaptance mesns the date of sigring the Contact Agrosment “Letter of Tenvter" rreans the document entitled letter of tandar, which was ccomplatad by the Contrastor and include the aignad offer to the Employer for the Works. “Specification” means the document entitled spacifcation, as included ia tha Contract, and any addillons and rodifcations to the specifeation in accordonce with the Contract, Such decument spactis the Works, *Drawinge* means the drawings of the Works, as inelucled in the Coniract, and any additional end modiicd drawings issued by (or on behalf) the Empleyer in accordance with the Contec "Schedules’ means the document(s} entitled schedulos, completed by the Contractor end submitted! with the Latter of Tender, as included in tho Contract. Such document mey include the Ei of Quantities, data, Fists, and schedules of rates and/or prices. “Tender means the Lotter of Tender and all other documents wrich the Contractor submillad with the Lettor of Tender, as ineludled in the Contract “Appendix to Tender’ means the competed rages entitad appendix to tender which are eppondod to and form part of the Latter of Tender. “Bill of Quantities’ and ‘Daywork Schedulo" mean the cocuments famed (ary) which are comprised in the Schedubbs.14.2 Partios and Parsons 113 Datos, Tests, Poriods ‘and Complation 424 122 112.8 124 1125 14.26 1127 142.8 14.29 14.240 41.8.4 1482 1.1.33 1Aa4 "Party" means the Employer or the Contractor, as the Context requires. "Employer" means the parson named as employer in the Appondic 10 Tendor and the legal successor in tie to this parson. "Contractor" means the person(s) named as contraotor in the Letter of ‘Tender secepted by the Employer and the legal succassors in fHle to this person). . “Engine?” means the parsonappoirted by tho Empioyorto act astho Engineer {or the purpasesof the Goniractand nerned in the Append to Tend, or othr paison appolated from time to time by tha Employer and notified to the ‘Contractor under Sulb-Clause 3.4 {Repiacament of the Engineer] “Contractor's Representative means the person named by tho Gonvaetor tha Contract or appohited from time to time by the Contractor under Sup-Glause 4.3 [Cantector's Representative], who acts on behalf of the Contractor. "Employer's Parsonnel’ means the Engineer, the assistants rafarred to in Sud-Clause 3.2 [Delegation by the Enginooy) ancl all other staff, labour anct other errployees of the Ergincer end of the Emoloyer: end any other pereonnd notified to the Contractor, by the Employer or tha Enginoor, as Employer's Personnel. "Contractor's Personnel" means the Contractor's Representative and all personnel whom the Contactor ullisas on Site, who may inotude the statf, fabour and ather ompioyese oi the Contractor and of each Subcontractor; ‘and any other personne! assisting the Contractor ir the exacuton of the Worl. “Subcontractor means any person named in the Contract as a subeontraciot, or ary person appointed as a subcontractor, for a pert of the Works; and the legal succassers in tile lo cach of those persons. "DAB" meens the person oF three parsons so named in tha Coniraci, or other persons) appoiniad under Sub-Clause 20.2 (Appointment of the Dispute Adjsdicaton Board] 0° Sub-Ciause 20.3 [Faire to Agree Lispute Adfudication Boars) "FIDIG' means the Fédération Internationale dos Ingéricurs-Conseils, the international feceration of consuting engineers, "Bago Date" means the date 28 days prior to tha latast date for submission of the Tender. "Commencement Date" means the date notified under Sub-Clause 1 [Commencement of Works]. “Tina for Compietion’ means the tine for completing the Works or a Section (as the case may be) under Sub-Clause 8.2 [Time for Compietion], 85 stated in the Appendix to Tender with any extension under Sub- Clausa 8.4 [Extension of Tine for Completion), calcufated rom the Commencement Date. “Tests on Completion" means thetests which are specified in tha Contraat cr agread by both Portion orinatiucted as a Variation, andl which are carried eC oe ‘Coustons & Conta for Comstucon144 Money and Payments eevee! Cantons 1185 14.8.6 1487 11.8.8 11.8.9 asd Lae 1.443 14a 1145 1146 147 1148 1449 114.10 ‘out under Cause 9 [Fests on Compietion] octere the Works or a Section (as the case may be) are taken aver by the Employer. "Taking-Over Certificate’ means a ceriicate issued under Clause 10 [Employer's Taking Over}. "Tests after Completion" means the tests (i any) which ara épeciffed in the ‘Contract and which are cavrled out in agcordanco with the provisions of tho Paiticular Conditions efter the Works or a Seotion (as the case may ba) are takon aver by tho Employer. "Defects Notification Period! means the period for notifying defects in the Works or a Section (as the caso may bo) under Sub-Clauso 11.4 [Completion of Outsiancing Work anc Remedying Defects], as steted in the Appendix to Tender (with any extarsion undar Sub-Clause 11.3 [Extension oF Defects Notiicaton Period), calculated ftom the date on which tha Works or Secion is competed as certiied under Sub-Cause 10.1 [Taking Over of the Werks anc Sections). "Performance Certificate means the certificate issued under Sub- Clause 11.8 [Performance Cextifeata). "day" moone a ciondar day and "yoar" maans 366 days. "Accepted Contract Amount" means the amount accepted in the Letter of ‘Acceptance for the execution and completion of the Works and the remedying of any defecls. "Contract Price" means the prioe defnad in Sub-Gisuse 14.1 (The Contract Price], and includes acjusiments in accorcianes with tho Contract. “Gost means all expenciture reasonably incurred {or to ba incurred by the Contractor, whelhar on or off the Sita, inctiding overhead and. sirilet herges, bul doas not Include profi "Final Payment Certificate’ mears ths payment cariifleals issued under Sub-Clause 11.13 [/ssue of Final Payment Certiicate]. “Final Statement” means the statement defined in Sub-Clause $4.11 [Application fer Final Payment Certiicate]. “Pareign Currency" means a cumency n which part (oral) of the Contract Price fs payable, but not the Local Currency. "interim Payment Certificate" means a payment cettiicale issued under Causa 14 [Contract Prise and Payment], other then the Finsl Payment Contiticate, “Local Gunrency’ moans the currency of the Country, "Payment Certificate" means a payment certificate iaeuod under Clause 14 [Contract Frica and Paymeni), “Provisional Guin’ mearss a sum (if ary) which is specified in the Contract as provisional sum, for ths execution of any part of the Works or for tne supply of Plant, Malorin or aorviose under Sub-Clause 13.5 [Provisional Sums}. ORNIG 198 3 Ei116 Works and Goods 116 Other Definitions att 4142, 164 116.4 1155 1.4.56 1ST 1458 A1Gt 1462 11.63 11.64 1168 “Hetention Money" means the accumulated retention znaneys which the Employer retains under Sulp-Cause 14.2 [Applcetion far inlorins Paymant Certifcates) ond pays undo Sub-Clause 14.9 [Payment of Hetertion Moneyl ‘Statement’ means a statement submitted by the Contractor as part of an enplication, undar Clause 14 [Contact Prica ancl Payment], For @ payment cattfeate *Contreeter's Equipment" means al apparatus, machinery, vehiclos and ‘otra tgs requtrec forthe execution and compration of the Works andl the remedying of any defects, Howeve,. Contractor's Equipment excludes Temporary Works, Employer's Equipment (i any), Plant, Materials and any ‘thar things intended to form or forming part of tho Permanssit Works. "Goods" ineans Contractor's Equipment, Matertals, Plant anc Temporary ‘Works, or any of thern as appropriste. “"Materiats" means things of all kn¢s (other than Pant intended ‘0 form or forming part of the Permanent Works, inclucing the eupply-onty matoriaks any) ta be supplied by the Contractor uncer the Contract “Parmanent Works* moans the permanent works fo bo executed by the Contractor under the Contact. “Plant” maans the epparalus, machinery and vehicles intended to form or forming part of the Permanent Works. " Section” means a part of the Works spectfed in the Appendix lo Tender as a Section ff any) “Temporary Works” means all terporary works of every kind (other than Contractor's Equipment} required on Sito for the execution ancl complotion Gf the Permanent Works and the temecing of any cafects “Works! mean the Permanant Works and tha Temporary Works, or cither of ‘them as appropriate “Contractor's Dccuments' means the calculations, computer programs and other software, drawings, manuals, models end other documents of a technical nature (f ary) supplled by the Contractor under tha Contract. “Country” means the country ih which the Site (or most of It) 1s locatao, where the Permanent Works ara to be executed, “Employer's Equipment’ means the apparatus, mactinery and vehicles (F any) macto aveitable by tho Emplyor for the use of the Contractor in the execution of the Works, as stated in the Spanifeation; but does not inclucie Plant which has not Dean taken over by the Employer “Force Majeure’ is detnec in Cause 19 [Force Mafeurel. “Laws' rmeans all natlonal (or state) legislation, statutes, ordinances and ‘other faws, and regulations and by-laws of any tegally constituted publ: auto. 6 FIG we ‘Gonaterareormactor Genarien12 Interpretation 13 ‘Gommunications 14 Law and Language 1.1.6.6 "Performance Security’ means the security (or securilios, if any) under Sub. Clause 4.2 [Performance Security] 1.1.6.7 "Site" means the places where the Permanent Works are to be oxcoutedd nd to which Plant and Moterias a t¢ be deliversd, and any other places ‘es may ba specified in the Contract as forming part of the Sie, 1.1.6.8 "Unforeseeable" moans not reasonably foreseeable by an experlanced © contractor by the dete for subsmission of thé Tender. 1.1.6.9 "Verfatfon” means any change 10 the Worle, which 's wnsttucted or epproved as a variation under Clause 13 [Variations and Adjustments]. ‘nthe Contract, exeopt where the context requires olhorwico: (a) words indicaiing one gender include al genders; {b} words Indicating the singular also include the plurel and words indicating the plural also include the singu’ar, c) provisions including the word "agree", "agread" or "agreement" requiro the agreement to be recerced in wilirg, and ()“vritten* or "in writing" means hand-writien, type-witlen, printed or dloottonleally made, end roauling in a permanent recore. Tha marginal words and other headings shal not be taken into consideration in tha interprotation of these Goneilions, Wherever inase Concillons prove Tor tho gking or issuing of approvals, certiticates, ‘consents, de‘eninations, notices ard requests, thesa communications shall bet fa} in waiting and dolivared by hand Ggahst receipt, sent by mail or courier, of ensrrittsd using any of the agreed eysteme of olocirenic tranamission as stated in the Appendix to Tender; and () delivered, sent or lransyhilted to tho acldrass forthe recipient's communications as slated in the Appendix to Tender. Howaver the recipient gives notice of another address, communications shall thoreatter be delivered accordingly; and fi) f the recipient has not stated otherwiso when requesting an approval or onsen, it may bs sent to the address from whish the request was ued Approvals, ceniiigetes, consents and detemninatons shall not be unreasonably withheld or delayed. When a certlfcala is issted to a Party, the certifor shall send a copy to the other Party. When a notiae is issued to a Perky, by the other Party or tha Enginesr, 2 copy shal bo sent to the Engineor or the other Party, as the case may bo. ‘Tha Goniract shel be governed ty the law of tie country for other juisdiation) stated fn tho Appendix to Tender. IT there are versions of any part of the Contract which are written in more than one fanguage, the version whichis in the ruling language siatad in the Appendix to Tender shall proval. OIG wes 516 Priority of Documents 16 Contact Agreement 7 Assignment 18 Gare and Supply of Documents The langage for communicaticns shall be that stated ia the Appendix to Tonder. Iino lenguage ig alates these, the language for communications shall be the language in ‘which the Contract (or most of it}is writen, Tho documents forming ihe Contract ara to be taken ag mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall bo in accordance wih the folowing sequence: f@ the Contract Agreement (iT any), (t) the Letter of Aceaptance, . {tho Latter of Tendor, {the Particular Genditions, (these General Conditions, @ the Specifcation, (the Deawings, and (hh ‘tho Scheduibe and any other documents forming part of the Contact. {fan ambiguity or diserepancy is found in the documents, tre Enghnoor shall issue any necessary clarficaton or instruction, ‘The Parts shall enter into a Contract Agreament within 28 days after the Contractor receives tho Lolter of Acceptanca, unless they agrae othenviso. The Contract Agreement shell be based upon the form annexed to tho Particular Condtions. The costs Of slanip cuties and similar charges (if any} imposed by law in connection with trtry into the Contract Agreement chal ba borne by the Employer. Noithor Perty shall assign the whola or any part of the Contact or ary benefit or Interest in or under the Gontract. However, either Party: f) may assign the whole or any part with the prior agreentent of the other Party, at the sole discretion of such other Party...and ©) may, as socurity in favour of a bank or nancial institution, assign its right to ary moneys due, oF to become due, under the Contract. ‘The Specification and Drawings shall be in tho custody and cara of the Employer. Unless otherwise stated in tha Contract, two copios of the Contract anid of eac subsequert Drawing shall be supplied to the Contracter, wito may meke or request further copies at the cost of tha Contractor Each of tho Contracto’s Documents shall be in the custody and care of the Contactar, unlesa and until token over by tha Employer. Uriless cthorwise stated in the Contract, the Contractor shall supply to tha Engineer six copies of ozch of the Contractor's Documents, ‘The Contractor shall Keep, an the Site, a copy of the Contact, pubfications named in tho Spaatication, tho Contractor's Decumenis (f any}, the Drawings and Veriations ‘and oftier communications givan under the Contract. The Employer's Personnal sll have the right of accass to all thass decumarts at af reasoneblo tinea 41a Party becomes aware of an error or defect of ¢ tachnical nature in a document which was propared for Lec in executing the Works, the Party siall promplly give rotce to tha other Panty of such airar or detect. @ ANIC 108 CContons ort ar Consiten19 Delayed Drawings or ineirvetions 110 Employer's Use of Contractor's ocuments 1 Contractor's Use of Employer's Documents General Contos ‘Tho Contractor shall ive notice fo the Engineer whenever Ihe Works ave likely to bo delzyed or disrupled # ary necessary dtawing oF instruction Is rot issued to Ne Contraotor within a particular timo, which shall be reasonebie. The notize shall include: details of the necessary drawing or instictian, details of why and by whon it should be issued, and datalb of the nature ard amount of the dlay or disruption ikely to be sulfered if tis tate, Ifthe Contractor suffers dalay andor incurs Cost as.a resut of a tatu of the Engineer to issue the notified draviirg or instruction within a time which Is reasonablo and ie sspecifed In the notice with supporting details, the Contractor shall gh a further notice to the Enaheer ancishal bo enttlec subjot io Sub-Cause 20.1 [Contractor's Claims] tor (an extension of time for any such delay, complotion is or will be delaved, under Sub-Clause 8.4 [Extension of Time tor Completion], and (6) eayment of any such Coal plus reasonable prot, which shal be included in the Contact Price, Afr reolving ths further notico, the Engineer shall proceed in adcortance with Sub- Chuse 3.5 [Determinations] to eqres or determina these malters, Howevor if end to the extent thal the Engnoar's fellure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not bo entitlad to such extension of time, Cost or proitt, . Asbetwoan the Parties, he Contractor shat retain the copyright and othor intlfoclual propariy rights in tho Contraotor's Documents end other design documents made by {or on beret of) he Contractor ‘The Contractor shall be deemed (by signing the Contact) 0 give to the Employer a noa-temnnable transierable non-exclusive myally-rea sence to cupy, uso. and communicete the Contractor's Docuinents, including making and! using madiicelions of them, This toence shalt: ©) apply throughout the actual or intended working Ie {whichever is long) of Ihe retovant parts of the Works, (0) eniitlo any person in propor possecsicn of the relevant part of the Works 10 copy, use end communicete the Contractor's Documents fer the purposes ot completing. operaling, maintaining, altering, saluusting, repairing and domoiishing the Works, and (9) in tho case of Contractor's Cocumenis whieh are in the form of computer programs and alhot scftwate, porrrit iho use on any computeron the Site and other places as onvisagad by the Contact, incudina replacements of any ‘computers supplied by the Contracter ‘he Contractor's Decuments and other dasgn dacuments made by (ron beraf af} the Contractor shall nol, without the Contractor's consent, be used, copied or communicated 10 a thi parly by (er on behalf off the Employer for purposes other than those permitted under this Sub-Clause As bolweon the Parties, tho Employer shel reisin the copyright anc other inlalectuat Property rights In the Specfication, the Drawings end other documents rade by for ‘on behalf off the Employer. The Contractor may, at hie cost, copy, Loe, and obtein comrrunication of these decurrents for the puposes ol the Contract. Thoy shall not, etucia 7 1 | | g| 2 | | i FORMS,we Confidential Details 443 Compliance with Laws 4.44 Joint and Severat Liabinty without the Employer's consent. bo copied, used ar communicates to a third gerty by the Contractor, except as necessary for he purposes of the Contract, ‘The Contraclor shall disclose all such confidential and other informetion 23 the Engineor may reasonably require in orter to verity the Contractor's comolarce with the Contract. The Contractor shal, in perforining the Contract, comply with applicable Laws, Unless otherwise stated in the Perticuler Conditions: . @ the Employer shall have obtained (or shal obtain) the planning, zonihg ex similar pparmnission for the Permanent Works. and any other permissions described in the Specification as having been (or boing) obtained by the Employer; and the Employer shall Indemnity and hold the Gontractor harmiess against and trom tha consequences of any failure to do so; and (b) "the Conirector shal give all notices, pay all taxes, duties and foes, and obtain all permis, Ibenees and approvals, as reauited by the Laws in reation to tho ‘execution anc completion of the Werk and the remedying of ary defecte; ancl the Contractor stil indemnity and nol te Employer harmless agatist and from the corsequonces of any faire to do so. If the Contractor conatitutos (under applicable Laws) 2 joint venture, censortium or olner unincorporated grouping of 1wo or mors persons: {a) these persons shallbe deemed tobe jointly and severally tablo to tho Employer for the performance of the Contract; {b) those persons shall notify the Employer oftheir leader who shalt have euthoriiy to bind the Contactor and each of these persons; and {€) the Contractor shall net altar its composition or lage stetus without the prior ‘consent of the Employer. ThesEmployer 24 Fight of Access to the Site “The Employer shall give the Contractor right of accoss to, arc! possession of, all parts of the Ste ‘within the time (or times) stated In the Appendix to Tenday. The right ard possession may nol he exclusive te the Contrantor. #, under the Contract, the Employer is required to gve (lo the Contractor) poscossion of any foundation, slructuo, plant or means of aocoss, the Employer shall do so in the time and manner stated in the Spoctfication, However, the Employer may withhold any such right or possession until the Performance Seculy has been receWved, IF no such tine is stated in the Appondc lo Tondor, the Emoloyer shall give the Contractor right of access to, and possession of, the Site wihin such times as may ‘be recuired to onable tho Contractor to proceed in accordance with the program#ae ‘submitted undar Sub-Clause 6.3 [Progranna), It tho Contractor suffers dalay ond/or incurs Cost ac a result of a failure by the Employer fo oie any sucn right or possession within such time, tha Contractor shal give notice to tho Engineer and shall be entitlad subject to Sub-Clause 2041 [Contracter’s Claims] to: one 190 contest Contact fr Consincton22 Permits, Licences or Approvals 2a Employer's Personnel 24 Employer's Financial Arrangements 25 Employer's Giaims armel Gencions (@) an extension of time for any such delay, IT completion Is or will be delayed, Under Sub-Clause 84 [Extension of Time for Completion]. acl (6) payment of any such Cost plus reasonable profit, which shall be included in the Contract Price. Alter receiving this notice, the Ergivear shall procead In accordance wilt Sub- ‘Clause 3.5 [Detarminations] to agree or determine these matters. Howevar, i and to the extent that the Employer's fale was caused! by any error or delay by the Contracter, Ineluding an error in, or dalay in the cubrrission of, any of the Contractor's Documents, the Contractor shall not be entilled te such extension of time, Cost or profit. ‘The Employer shall (where he's in a position to do so) provide reasonable assistance to the Contractor at the request of the Contractor: ©) by obtaining copies of tho Laws of the Country which are relevant to the Contract but are not ready availeba, andl (6) for the Contractor's anplivations far any nermits, licences or approvets required) by the Laws of tho Country: (which the Contractor is required to obtain under Sub-Cluee 1.13 [Complsnce witt Laws), Gi) for the delivery of Goods, incuding clearance thraughn customs, and (for the expos of Contractor'a Equioment when it is removed from the Sit ‘The Emptoyer stall bo responsible for ensuring that the Employer's Personne and the Employer's other contractors on the Site: @ co-operate wih the Gniractor's atlorts under Sub-Clause 4.6 [Co-gperation}. and (take actions sinilas te those which the Contractor is required to lato unddor sub paragraphs (2, (b] and (6) of Sub-Clause 4.8 [Safety Procedures] and under Sub-Clouse 4.18 [Protection of the Envitonmont]. Tha Employsr shall submit, within 26 days allor receiving any requesi trom the Cartracior, reasonable evidence that financial arrangemonts have bean made and are: boirg mahtained which will enabla the Eimployer to pay tho Contract Prise {a0 estimated at that tire) In accordance with Ciause 14 [Contract Frice andl Payment]. ifthe Employer intonds to make any material chang to his financial arrangements, the: Emnpioyer shall give notice to the Contractor with detailed particulars. ifthe Employer considers Finrselt to be entided to any payment under any Clause of those Conditions or otherwise in connection with the Contract, andifor to any extension of the Defects Notifcatton Period, the Employer or tha Engheor shall gho nctioa ancl particulars to the Contractor, However, rotice is not required for payments due under Sub-Clauso 4.10 oct, Wetor and Gas), undor Sub-Crause 4.20 [Employer's Equipment and Free tssue Mater], for other setvices requested by tha Contractor. The notice shall be gen as soon as practicable aller the Employer became aware of the svent or circumsiarioes giving rise to the claim, A notioe relating te any extension, of lio Dofocis Notfication Poriod shall be given before the axpiy of such poviod. or 1990 9The particulars shat specify the Clause or other basis of the claim, and shall includ substantiation of the amount and/or extension to which the Employer considers himself to be entited in connection with tho Contract. The Engineer shall then proceed in accordance with Sub-Ciause 3.6 [Determinations] to agree or determine i) the ‘amount ff ary) which the Employer ia eniitled to be peid by the Contactor, and/or @ tre extension [f any) of the Defects Noification Period in accercance with Sub Clause 11.2 {Extension of Defects Notiieation Period], This amount may be included as a deduction in the Contrast Price and Paymont Cortitoatos, The Employer chat only bs eriilad to sat off aganet or make any eduoton trom an amount certfied in a Fayment Certiicate, oF to otneryése otal against the Contractor, in accordance with this Sub-Crause, The Ehgineer aa Engnsor's Duties and Authority 8.2 Delegation by tho Engineer 10 ‘The Employer shall appoint the Engineer who shall carry out the dulias assigned to im in the Contract. The Engineer's staff shal inclucle sutably qualtied onginoors and tliat professionals who are comnipetent to earry out these duties. ‘The Engineer shall have no authority to amend the Contract, ‘The Engineor may oxercise the authority altibutabie to tho Engineer as spacifiod in er necessarly to be imped from the Contract, Ihe Engineer is required to obit tho ‘approval of tha Employer bafora exercising a speciied authority, the requirements shall bo a stated in tho Particular Conditions, The Employer undertakoe not to impose ‘urther constraints on the Engineer's author, except as. agreed with the Contractor. However, whenever the Engineer exercises @ specified authority for which tha Employer's approval is recuired, then (fr the purposes of the Contract) the Employer shall bo deemed fo have givon approval Excent as othenwise stated in these Conditions: (@) whenever camying out duties of oxorcising authorily, specified in or imped by tho Contiaet, the Engineer shall be ceomad to act for the Employar; (©) the Fngineer nas no authority 10 releve elther Pert af any durles, obligations or responsibilities unefer the Contrant; and (©) any approval, check, cartiicats, consent, examination, inspection, instuuction, nolico, proposa, request, test, or sina’ ect by the Engineer (nclucing absence of disapproval} chall not rliove the Contractor frora any reqponaibility ho hes lnder the Gontract, Inolucing responstlly for errors, omissions, discrepancies: and non-complances “The Enginoor may from tim to tine aesign duos and delegate authority to assistant, and may also revoke such assignment or delegation, Thess assistants may include & rosicent engincar, and/or independent inspectors eppainted fo inspect andor tack items cf Plant end/or Materials, The assignment, delegation or revocation shal bo in writing, and shall not take ellect nal copes fave been received by both Parties, Hovrevor, unless olhonwive agreed by both Parties, the Engineer shall nat defagato the authority 1o determine any matter in accordanca with Sub-Clauss 3.5 (Determinations), Assistants shall be sutebly qualiied persons, who are competent to cary out these Fra 198 Cconsenr oh Gen} or Gnmrysen38 Instructions of the Engineer a4 Replacement cf tho Engineer a5 Determinations cana Contos duties and oxerciso this authority, and who ete fluont In the language for ‘communizations defined in Sub-Clause 1.4 [Law and Language]. Each ass'start, to whom duties have heen assigned! or authority nas bean calagated, shall only ho authorised te iasue instructions to the Contracior to the extent defined by the delegation. Any approval, check, cantticate, consort, exarnination, inspection, insiructon, notice, proposal, racuesi, test or similar act by an assistant, in accordance with the delegation, shall Neve the same effect as though the act had been an act of the Engineer. However: (@) any falure te disapprove any work, Plant or Materials sha not gonettute epproval, anc shall therefore not prejudice the right of the Engineer io rojoct the ‘work, Plant or Malesia; (©) ifthe Contractor questions any determination or instuction of an assistant, the Contractor may rofr tha matlor lo the Enginoer, who shall promptly contimn, ravarse or vary the determination or nstructton. ‘The Enginesr may issue to the Contractor (et any time} instructions and additional cor modified Drawings whlch may bo nucassary for tho oxocution of the Worke ancl the remedying of any defects, all in accordance with the Gortract. The Contractor shal only lake instructions from the Engineer, or from an assistant te whom the epproprinte authority has been delegated under this Clause. if an instruction constitutes a Veriation, Clause 13 [Varattons and Adusiments| shall apply, ‘The Contractor shall comply with the instructions yen by the Engheer or dcbgatoa aedlslant, on eny matier velated to the Contiast. Whenever practicable, their instructions shat be given in wiiting. the Engincer or a detegatod assistent @) gives an oral instruction, {0} recoWves a waillon confiyration of the instwuction, from (or on behalf of the Contactor, within two working days aftar giving the instruction, and {9 coos not roply.by issuing a vrttton rejgotion andfor instruction within two working days alter rsoatving tha contemation, then the confimation shell constitute the wrillen instruction af the Engineer or celogated asistant (as the case may be). Ifthe Employer intends to replace the Engineer, tho Employer shall, not less than 42 cays before the intended date of replacement, give nalicg to the Contractor of the Ramo, acdrass and relevant experience of the intended replacement Engineer, The Employer shall not raplace the Engingor with a parson against whom the Cortractor ralses reasonable objection by notice to, the Employer, with supporting particulrs. \Whorover these Conditions provide that the Enginoor ehall proceed in accordance vith this Sub-Clause 3.6 to agree or determine any matter, the Enginoor snail consult with each Party in an endaavour to reech agtaerrent.Ifagreementis not achieved, the Engineer shall make a fai deterrination in accartane with the Contract, taking de regard of all relevant citcumstancas, ‘The Engineer shall gle notice to both Pertias of each agreement or determination, with supporting particulars. Each Party shall give effect to each agreement or deterrination unless end until revised under Clause 20 [Clains, Disovtes anc! Arbitration. ora "1 5 3 FoamsThe-Gontractor 4a Contractor's General Obligations 42 Performance Security 12 The Contrector shall design (to the extent spectiad in the Contract), execute and complete the Works in accordanco with the Contact and with the Enginoor's ‘instructions, and shall remedy any defects i the Works. ‘The Contractor shall provide the Plant and Contractor's Bosumonis specified in the Contest, anc all Contrastor’s Personnel, Goods, consumables end otter things and services, whether of a temporary or permanent nalure, roquitod In and forthie design, execullon, completion anc: remadying of detects. ‘Tho Ceniraptor shall be responsible for the’ aclequuady, stabilly and safety of all Site operations and of al methods of constuction. Except to the extent spacifad In the Contract, the Contractor @ shall be responsible for all Contractor's Documents, Temporary Works, and such design of each item of Plant and Meters as is required for tho iter 10 be in accordance with the Contact. and (@ shall not otherwise be rosponsibto for the dosign ar apecitication of the Permanent Works. The Contractor shall, whanevar raquied by the Engineer, submit dotals of the srrangernents and method's which the Contactor proposes to aclopt for the execution of the Works. No sigrifcant alteration to these arrangements and methods shall be made without this having proviousty baan natiied ta the Enginoor Ihe Contract specifies thai the Contractor shall design any part of the Parmanent Worle, then untass otherwise stated in the Pafticular Conditions: @) the Contractor shal submit to the Engineer the Contractor's Dosumorts for this pact in accordanco wilh tha procedures suecified in the Contract: (&} these Contractor's Documents shall be mn accordance with the Specification {and Dravings, shall be writen in the language for communications defined in Sub-Clause 1.4 [Law and Language], and shat! include addtional infomation reauired by the Engineer to ad to the Drawings fer ec-orcination of each Party's designs: (©) the Contractor shell be responsible for this part and it shal. whos tho Works are complotod, bo fit for euch purposes for which the port is intended as aro specfied in the Contrect; and (8) prior to the commencament of te Tasts on Completion, the Contractor shal submit to the Engitiger the “as-buil!” documents end oporalion and ‘meirtenance manuals in accordance with tha Specification end in sutfciant otail for the Employer to operate, mointan, cismenile, reassemble, adjust end ‘repair this part of the Works. Such part shall not bo considered to be completed for tha purposes of taking-over undr Sub-Clause 10.1 [Taking Ovor of tho ‘Works ard Sections] nil hese documents and rranuals have been submitted to the Engineer. The Contractor shait obtain (at his cost) a Performence Security for propor periommance, in the amount and curencies slated in the Apperiix to Tender. If an ‘amount is not stated in the Appendix to Terdter, this Sub-Claursa shall not apply. ‘he Contractor shall dolves the Pertorrance Seaurty to the Employer within 28 days after receiving the Letter of Acceptance, andl shall gend a copy to the Engineer. The Performance Security shall be issued by an entity and from within a county (or other BANG 1600 Cation of Canter Cancion43 Gonirector's Representative cerca Cantons ivisdietion) approved by the Employer, and shalt ho In the form annoxed 10 the Particular Conditions or in another form approved by the Fraployer ‘The Contractor shall ensure that the Porformance Security i valid and anforcaeblo unt the Contractor has exesuted and completed the Works and remedied any defects, If the terms of the Performance Secutly specify is expty clala, and the Contractor has ot became entited to ravolva the Porformance Corlifiaate by the dato 28 days prior to the expiry dato, the Contractor shat extend the validly of the Performance Sccurity until tho Works have heen completed and zny cefacts have been romediad The Employer shai not make a claim under the Performance Secuiity, excent for amounts to wtich tho Employor is entitled under the Contract in the event of: (2) falue by the Contractor to oxtend the validity of the Perlonnance Security us desaribed in the precading oarearaph, in which event the Employer may clan tho lull amount oF the Performance Secuity, (6) Falke by the Contractor to pay the Empoyer an amount dus, as ether agreed by the Contractor or determined under Sab-Clruse 2.5 [Employer's Claims] ot Clause 20 [Clains. Disputes anc Arbitvatoa), within 42 clays after thie ‘acteament or determination, 0) falure py the Contractor to remedly a dotauit within 42 days aller receivirg the Employer's notice reauirrg the defauitto be romeciod, ar (2) circumstancss which entitle the Employer to termination under Sub- Clause 15.2 [Temination by Empioser}, inespective of whether notice of ‘otmination has been givon. ‘ho Employer shall indemnily ard hole the Contractor harmless against and ‘rcmn all damagas, lsses and expenses (Inokiding legal fees and expenses) resulling from a leim under the Porformance Security to the extent to which th Employer was nol enilled to make the claim. The Empoyer shalt ratun tha Performance Sacuity to the Contractor within 24 days aftor receiving « copy of tho Perfonnance Certificate, ‘The Contractor shell appoint the Gcnvractor’s Representative anc shall give him all authority necessary to act on the Contractor's behaY under the Contract. Uniess the Contractor's Reprasentative is named in the Contract, tha Contractor shall, prior to the Commencement Data, submit to tha Enyinnar for eoneont ihe name and particulars of the person the Contracior propases to appoint as Contracter's Renres- entativa, If consent is withheld or subsequently revoked, or if tha appointed porson fails to act as Contraclor's Fapreseriiatve, the Contactcr shall sivilary submit tho name ‘and particulars ot arother suitable perscn for such appointment, The Contractor chatl not, witout the prior corsent of the Engines; revoke the ‘appointmont of the Conlractor's Representative or appont a replacement. ‘Tho whok time of the Contactor’s Representative shall be given to directing the Contractor's performance of the Contrael. Ifthe Contractor‘s Representative is to be temporally absent from the Site curing the executon of ine Worls, a sulable repacement posson shall be aprwinted, subject lo tha Engineer's prior consentand ‘tho Engineer shall be notified accordingly. ‘The Contractor's Reprasantativa shall, on behalf ofthe Contragtoy, receive instructions under Sub-Clause 3.3 [festvuctons of the Enghecr| FIO 1909 13 z 24a Subcontractors 45 Assignment of Benefit of Subcontract 48 Co-operation 14 ‘The Contractor's Representative may deiegaic any powers, functions and authority to any competent person, and may at any time revoke the delegation. Any delegation or revocation shal nol lake ellect until tho Engineer has received prior notice signed by the Contractor's Representative, naming the person and specifying the powers, functions and authority being delegated or revoked. The Conttacter's Representative and all thazo porsons shall bo fluent in the language for communications defined in Sud-Clause 1.4 (Law and Language]. The Cortractor shall nol subcontract the whole of the Works, The Contractor sual be raspensitie forthe abts or dofeuits of any Subconiractor, Ns agents or employees, as if they were the acts or defaults of the Contractor. Unless otherwise stated in the Perticuler Conditions: {@) tho Contractor ehall rot be required to obtsin consent to supple's of Materials, of 10 @ subcontract for witch the Subvontractor is named in the Contract; (>) the prior consent of the Engineer shall be obtaned to other proposed Subcontractors; (©) the Contractor snail give the Engineer nol less than 26 days" notes of the intended dats of tha eommencemant of each Subcontractor's work, and of the Commencerrent of such work on the Site; and (@) each subcontract shall includa provisions which would entita the Empfever to require the subcontract to be assigned to tho Employer under Sub-Clauso 46 ssignnient of Baneft of Subcontract (f or when applicable) or in the event of tervination under Sub-Clauiee 15.2 {Faxrination by Employed Ifa Subsontracte's obligations oxtenc! boyond the oxpiry date of the relevant Defects Notiication Period and the Engineer, pilor to th’s date, Instructs the Contractor to assign the boreft of such obligations to the Employer, then tha Centractor shall do 30, Unless otherwise stated in tho assigrmort, tha Contractor shall have no lability to the Employer for the work canted out by the Subcontractor efter the assignment takes offoct. The Contractor shall, a3 specified in the Contract or a3 instructed by the Engineer, allow appropriate ooportunities fox carying aut work to: (@_ the Employer's Personne, (anyother contractors employed by the Employer, and (© tho porsomel of any legally constituted pubic authorties, who may be employed in the eecuticn on or noar tho Site of any work not included Inthe Contract. Any such instruction shall conaltute a Variation if and to the extant that it causes the Contractor to incur Unforcseeable Cost. Sarvices for these personnel and cther contractors may include the use of Contractor's Equipment, Temporary Works or aacoess arrangernants which aie the responsibilty of he Contractor. If, under the Contract, the Emaployer is requiied to give to the Contractor possession of any foundation, stuoture, plant or means of access in accordance with Contractor's Documents, the Contractor shall submit such documents to the Engineer in the time and manner stated in the Specification. © ANIC toMy ‘Gouons ol Vaniaet or Constra7 Sotting Out 48 Safety Procedures 49 Quality Assurance 410 Site Data ‘Geral Conair “The Contractor shal set ou: the Works in felation to criginal points, Ines ancl levels of reference epacifiad in the Contract cr notte fy tho Engineer. The Contractor sia bo Tesponsbe for the correct postioning cf all parts of the Works, and shall recty any excr in the positions, levels, dimensions or alignment of the Werks, ‘The Employer shal ba responsible for ary orrors in thaso specified or notiied items of ceferanca, but the Contiactor shall use reasonable effarts to verily thelr accuracy before they are used. It tho Contractor autforo delay anefor incurs Cost ftom executing work which was necessitated by an error in these flems Of reference, and an experizrced corirector could not reasonably have discovered such ervor and avcidad this dalay andor Cost, tho Contractor shall give natice to the Engineer and shall bo ontited aubject to Sub Clause 20.1 [Contactor's Claims] to: (an extension of tine for any such delay, if compiction is or will be delayed, uncer Sub-Clause 8.4 [Extension of Time for Completion), and (8) payment of any such Gost plua reasonable profit, which ehsll bo incluced in the ‘Contract Pree. Alter receiving this notioa, the Engheer shall procesd In accordance with Sub- Cause 2.5 [Determinations| to saree oF determine () whether and (il so) to what extent the error could not reasonably havo been discovered, and (i) the matters dageribed in sub-patagraphs (@) and (b) above related to this oxtent, ‘Tho Contractor shall @ comply with all applicable savcly reguiations, ©) take care tor the safaly of a persons entitled lo bo on the Site, {0 use reasonable aiforts to keep tho Site and Works clear of unnocossary obstruction so es to avoid danger 40 these persons, {0 provide fencing, ighting, qstarcing and watching of the Works until completion fend taking over under Giause 10 [Employer's Taking Over}, end (© provide any Temporary Works (including roachvays, foolways, quierds end ances) which may be nocessary, because of {ho exooution of the Works, ‘or the use and protaction of the pubIIG and of owners and occupiers of adjacent land ‘The Contractor shall natitute « qually aaquranse ayatom to demanstato compfiance with the requirements of the Contract. The system shal be In accortanec with the detels stated in the Conttact. Tha Engineer shal be enti to audit any aspect of the system, Deiais of all procedures anc compliance documents shall be submitted to the Engineer for information before cach design and execution stago ie conmmanced. When any document of a technical natura is sued to the Engineer, evdence of the prior approval by the Contractor himselt shell be apparent on the cocument ise! Compliance with the quality assurance system shall nat reteve the Contractor of eny ccf his cutes, obligations ar rseponsibiltas undor Ine Contract. “The Emipoyer shall have rade avalable to the Contractor for his infomation, prior to the Base Dato. ait relevant data in the Employer's possession on sub-surface and hydrotogical concitions at tho Sto, including envircnmentel aspects. The Employer Fo wos 15 GENERAL: TGlibance FoRVS:an ‘Sufficiency of the Accepted Contract Amount aaa Unforeseeabie Physical Conditions 16 shall similary make available to the Contractor ail such data which come into the Employer's possession after the Base Date, The Contractor shal be respansibie for interpreting all such data, To tho extent which vas practicable (aking account of cost end fim), the Contractor shal be deemed to havo cbiained allnecessary Information as to risks, contingencies and ‘olhor circumstarces which ray influsneo or afect the Todor or Worke. To the same extent, 1ho Contactor shall be cleared to have inspected ancl examined the Sil Its ssimoundings, the above data and other avatzslo information, andito have heen satistied boforw subiitting the Tender as to al relevent ratte, incluctng (vitvoutlimlaton (2) tho form and nature of the Sto, inetuding aub-eurface conditions, (8) the fiycroogtcal andl Gimatic conattions, (© thooxtent and raturs of the work and Goods necessary for the execution and completion of the: Works end the remedying of any defects, {6} the Laws, pronedures and abour practices of the County, and (6) the Contractor's roquiremants for access, accommodation, facilti¢o, persontel, power, Iranspoil, Water and other services. “The Contractor shall be deemed to: (@ have satisfied himself as (o the correciness and sufficeney of the Accepted Contract Amount, and (8) have based the Accepted Contract Amourtt on the data, intoypretation, acossary informetion, inspections, examinations and satisfaction as to ali relevant matters referred to in Sub-Clause 4.10 [Sito Data} Unless othicnvise staied in the Contract, the Accepted Contract Amount covers all the Contractor's obligations under the Contract (incluciing theos under Provisioreal Sumo, itary) and af tuiags necessary for the proper execution ané completton of tha Works and the remacying of any daleets. Inthis Sub-Clous®, "physical conditions" means natural phycioal conditions end man- made end other ghysical obstructions and pollutants, which the Gontractor ‘encounters at the Site when exectiting the Works, inckicing sub-surface and Ayctro- {logical conditions but excluding Gimatic coniifoas. Ifthe Contractor encounters adverse physical corcitione which ho considers to have bean Unforeseeabe, the Conrractor shal gve nottce to the Engineer 2s soon as practcabe, ‘This notice shall descriae the physical concilions, se that they can be inspected by the Engheer, and shall set out the reescns why the Contractor considers them to be Unforossoablo, The Gantractor shall continue executing the Work, ualng such propor and reasonable measures as are apprapiiate for the pystcal conditions, and shell comply with ary instructions whicn the Enginoer may give. Fan instruction constitutes Variation, Clause 13 [Variations ancl Adjustonts| shall apply. Hand to the oicont that the Contractor anccunters physical condone wich are Untore- Seeabip, gives sucha nolog, and sutlers delgy and/or incurs Gost due to these conditions, tho Contrastor shallbe entitled subject to Sub Clause 20.4 [Contracta’s Claims] to: (@ an extension of time for any such delay, if completion i or vill ba delayed, undar Sub-Clauco 8.4 [Extension of Tina for Completion), and (payment of any such Cost, which shell be Inoluced in the Gontraot Prive owe 1999 (Cueto of Cant fr Cancion4a3 Rights of Way and Facilities 444 Avoidance of Interference 418 Access Route ‘Sera Cersone After receiving such notice end inspecting and/or invesiigatng these physical corditions, tho Engineer shall proceed in accordanca wilh Sub-Clause 3.5 [Oeteninations| to agee or determine @) whether and (if s0) to what extent these physleal conditions were Unforaseesble, and (i) the malters desorbed in sup- paragraphs (a) and (b} abovo rolaiod fo this extent, However, bofore additional Cost is finaly agrocct or determined! der suD~ Paragraph (@, the Engineer may also review whether other physical conditions in shniar parts of tha Werks #f any} were more favaurebbla than could reasonebly have been foreseen whan the Contractor submitted the Tender. I end to the extent that these more favourable conditions were encountered, the Erigineer may proceed in accordance with Sub-Clause S.6 {Datenminations| to agree or determina the reductions in Cost which were due to these conditions, which may be inckuced {a5 cfecuctions} in the Contract Prica andl Payment Ceriticates, However, he net ettect of all adjustments under sub-paragraph (b) and all these reductions, for all tho physical ‘condlidons encountered in similar parts of the Works, shall not result in a net seduction in the Contract Price. ‘The Fnginger may teke account of any evidence af the physcal conditions foreseen by the Contractor whan submitting the Tender, which may be mace availabe by the ‘Contractoi, but shall not be bound by any such evidence. ‘Ihe Contractor shall bea all costs and chaiges for spectal and/or temporary rights~ o-way which he may require, inckiding those for access to the Site, The Contrectar hall ulso obtain, at Fis risk and coat, any additonal fecitios outaico the Sile which he ‘may reouie for the purgoses oF the Works. he Contractor shall not interfere unnecessarly or imoropetty with: {the corwenianse of the public, or (3) tho access to and use and occupation ef all roacis and footoaths, itres- pective of whether they are pudlic ar in the posséssion of the Employer oF of others. he Contractor shall indemnity and hole the Employer harmless against and from all damages, losses «nd expanses (including lagal fees anid exparias} resulling orn any such unnecessary oF improver interference, ‘The Contractor shal be deerned to have been salisied as to the suitably and avatabilty of accass routes to the Site, The Contractor ahall use reasonable offor's to fuevent any cad oF bridge from being damaged by the Contractor's inaffic or by the: Contractor's Personnel. These efforts shall inchide the proper use of appropriate vehioles and routes Exeapt as otherwise stated in these Concillons: te) the Contractor shall (@8 between the Parlias) be responsible for any rnintenanoa which may bo raquied for his uo of access routes; (©) the Contractor shall provide at necessary signs or clretions along access routes, and shall obtain ary permission which may be requitad fom tha televent authortiss for his use of routes, siges and drectons: (@ the Ciployer shall not be responsible for any claims which may arise from the une or othorwies of any accoss routo, ene 199 17 5 &3 5 3 416 Transport of Goods 4a7 Contractor's Equipment 418 Protection of tha Environment aag Electiicity, Water and Gas 4.20 Employer's Equipment. and Free-Iésue Matarial 18 {) the Employer does not guaantee the suitability or availabilty of partiodar access routes, and ©) Sosls due to non-suitabéity or non-avalabliy, for the uss required by the Contrector, of zocess routes shall be borne by the Canlractor. Unless otherwise stated in the Particular Conditions: @) the Contactor shall aive the Engineer not less then 21 days notice of the date ‘on which any Prant or a major item of othor Goods wil be delivorad to the Site; (8) the Contactor shal ba responsibte for packing, foacing, rensporting, tecehing, untoading, storing end protecting all Goods ard other things required for tho Works: end (©) the Contractor shall indemnify and hold the Employer harmless against and ‘om all damages, losses and oxpeneos (ricluding legal foas and expenses) resulting from the Langport of Goods, and shall negotiate and pay all claims arising frorn their transport The Centactor shall be responsiole for al Contractor's Equipment. When brought on (o ihe Site, Contractor's Equpmen’ shall bedaomed to ba exclusively Intended for the ‘execution of the Works, The Contractor shal not remove from the Sie any majoritens of Contractor's Equipment without the consent of the Enginoor However, consort shall not be tequrad lor vehicles trensporing Goods or Contractor's Parsoarel off Sita Tho Contractor shal tke ell reseonable steps to protect the environment {hoth on end off tha Sito} and to Imtt damage and nuisance to people and properly resuiting from pollution, noise and other asus 0} his operations. “The Contractor shail ensure that emissions, surface dischargos and effluent fara sho Contractor's activtice chedl nol oxcosd the valuoe indizated in the Specification, and shall not exceed the values proseribest- by applicable Laws, ‘The Contractor shall, excopt as stated below, be responsble for the provision of all power, water and other services he may raquic. ‘The Contractor shalt be entitled to use for the purposes of the Works such suppliss of elasticity, water, gas and othar services as may ba avalible on the Silo and oF ‘which datails and prices are given in the Saeciication, The Contractor shall at his risk ‘and coat, provide any apparatus neccotary for his use of those services and for measurng tne quantities consumed. ‘The quantities consumed and the amounts cue (al thes prices) far such services shal be agreed cr determined by the Engineer in accordance wilh Sub-Clause 2.5 [Employer's Cains} ard Sub-Clausa 8.5 [Dolorminetions]. The Contiaclor shall pay ‘these amounts 10 the Employer, The Employer shall make the Ennplayer's Equipment if ary} avaiable for the use of the Contract” in tho‘oxecution of the Works in accordance with the deteils, arrangements and prices steted fh the Specificetion. Unless othenwisa stated 1 the Specification: fo} the Employer shall ba responsible for ms Employer's Equiament, oxcept that SrKIC 1a Geren of Gonvat or rwhuzion | I |421 Progreas Reports Gone Cenione {0} the Contractor shall be responsible for each itern of Employer's Equioment \whils any of the Contractor's Poracnnelis operating it, chiving i, daciing it or inpossesstan or contre oft The appropriate quantities end the arnounts due fat such stated prloas for the use of Employer's Equipment shall be agresd or dotesmined by the Engineer In accorciance wilh Sub-Glause 2.5 [Employer's Claims] and Sub-Clause 9.6 [Deterrminadions|, The Contractor shall pay thess arrounts to the Employer The Employor shall euppty, free of charys, the "tae-tssue materials’ (anys in accordance with the detats siated in the Speciation, Tha Emeloyer shall, at his risk and cost, provide these matarais at the lime ard place specitiod in the Contract, The Contractor hell then visualy inspect them, and shalt promptly gke notice to the Engincer of ary shortage, defect or default in these materials. Untass othorwisa agread by both Parties, tho Employer shall immediately reciy the noified shortage, deioct or deiautt, Alter ths visual inapoction, the free-issue materials shal Come under the care, custody and control of the Contractor, ‘The Contractor's obligations of inspection, caro, custody and contol shall not rolieve the Employer of lability for any shortage, defect default not apparent from a visual inspacticn, Uniess otherwise stated in the ParticLlar Conditions, monifiy progress reports shallbo Preoared by the Contector and subrritiad to tho Engincar in six copies, The frst report shall caver the period! up to the end of the nist calendar morth folowing the ‘Commenceinar:t Date. Rencrts shalf be submitted monthly theroatter, sash vithin 7 ‘ays after the last day of the period to which it rolates. Foporting shall continue unt! the Contractor hae corrplated all wore which is Inove1 fo be ‘outstanding at the completion cate stated In the Teking-Cver Certiicate for the Works, Each report shall inctudo: @ _Gherts end dotailed descriptions of oragress, including each stage of design Gi any), Contiactor’s Dosumonts, procurement, manufacture, celivary to Siio, Corstruction, erection and testing: and including thase stages for work by oach nominated Subcontractor fas defined in Clause & [Nomneted Subcontractors), (©) photographs showing she status of manufacture and of progress on the Ste; (for the manufactura of each main itern of Plant end Materfals, the name of the Tranuiacturer, manufacture location, percontage progress, end the aciual or expected dates of: @ —_coriimencoment of manutacture, @— Contracter's inspections, i) testa, end (%) _shiprront and anival at ihe Sie: (othe details desctibod in Sub-Clause 6.10 [Racards of Contractor's Personnel and Equipment; (6) cdpies of quality assurance documents, test results and certiicates of Materials; (ist of notices given undor Sub-Ciause 2.5 (Employer's Cains] and notices given under Sub-Clause 20.1 [Contractor's Claims); 19) safety staistics, inclucing details of any hazardous incdents and activiies Tolating to crvitonmental aspects and pubic retalions, and FIG 1999 194.22 - Security of the 4.23 Contractor's Operations on Site 4.24 Fossils 20 {h)—comperitona of actual and planned progress, with deteils of any events or ‘slicumstances wnien ray jeopardise the completion in accerdanice with tha Conirant, end the measures being (or to he) acopted to overcame delays. Urloss othorwiee stated in the Pertiovlar Condlifona: ‘€) ‘he Conraotor shal be responsibio for kosping unauthorised persons off tho Silo, and ©) authorisect persons shall ba limited to tha Contractor's Personnel ancl the Employer's Personnet and to ary other porscnnol notifed to the Contractor, by ‘he Employer or the Engineer, as auberised personnel ct ine Employer's other ‘contractors on the Site. The Contractor shall confine his eporations to tha Site, and to ary ackittonel areas which may be obtained by the Conlraotor and agrood by the Engineer as working areas. The Contactor shall take all necessary precautions t¢ kesp Contractor's Equipment and Contractor's Porscnnel withla the Site ard these additonel areas, and to keap trem of aclacent land, During the execulion of the Works, tha Goniractor shal keep tne Site feo from all Unnecessary obstruction, and shall siore or dispose of any Contractor's Equipment or suplie materisis. The Conicactor chal clear away and remove irom the Site ary ‘waeckage, rubbish and Temporary Works which era no banger required, Upon the issue of a Taking-Over Cerifeale, the Contractor stl oloar away and remove, trom that part of the Site and Works to which the Taking-Over Certioats rofers, allContractor's Equipment, surplus matotal, wreckog, eubbish and Toraporary Works. The Contractor shalllease that part of tie Site end the Works In a clean and sae condition. However, the Contractcr may retain on Site, during the Defeats Noti- ‘ation Peried, such Qoods as are required for the Contractor lo fulfiubligations under te Contract. All fossils, coins, artides of valus or antiquity, and structures and ether remains or items of goologial or archacoiogica inereat found on the Site shal bo placod under the cae and authority. of the Errployax, Tha Contractor shall take reasonable precautions fo prevant Contractor's Perscnnel or othor parsons from romeving or damaging any of these findings. ‘Tho Contractor shail, upon discovery of eny auch finding, promptly give notice to the Engler, whn shall issue instructions for dealing with it.I the Contractor suffers delay ‘and/or incurs Cost ‘rem complying with the inetructione, the Contractor shall givo a further notive to the Enginser and shal be envied subject to Sub-Cleausa 20.1 [Coniractor's Cais] to: {@) an extension of time for any such delay if completion is or wil be delayed, under Sub-Clause 8.4 [Extension of Time for Completion}, and (0) payment of any such Cosi, which shall be included in the Contract Price. After receiving this further notice, the Engineer shall proceed in accordance with Sub- Glause 3.5 [Daterminiations] 10 agres or datermine these matters. eninc 1998 Contino aaa or CantonNoinifated Subcontractors 64 Cofinition of nominated Subcontractor” 52 ‘Obiection to Nomination 53 Payments ta nominated Subcontractors ba Evidence of Paymonts Gans onions In tho Contract, "nominated Subcontractos* moans a Subcontractor (@) who is stated in the Contract as being a rorrinatad Subcontiacter, or () thom the Engineer, under Clause 19 [Variations anci Adjustments], instucts the Contractor to employ as a Subcontactor, ‘The Contractor shal not be under ary obligation to empioy 4 nominated Subcortractor against wham the Contactor raises reasonable objection by notice to tha Englreer a ‘soon 8s praciicabie, with Supportng particulars. An objection shail be deemed reasonable itt arises from fanrong other things) any of the folowhg matters, unkass tha Empoyer agrees to inderrily the Oonikactor aginst end flom the consequences of the maltey: {a} thore aro reagore to kolove that the Subcontractor dows not have sulcient ‘competence, resources or financial strength; (©) tho subcontract doos rat specity that the nerrinatad Subcontractor shall indemnity the Contractor against and from any nogigence or misuse of Goods by the nominated Subcontractor, his agents and employees; o” (@} tho subscntract loos act spaciy that, for tho eubsantractod work (luting, design, if any), the nominateal Subcontractor shal (undertake to tho Contractor such obligations und lsbiliias as will enable the Contracter to cischarge his obigations and fabillias under the Contract, anc (indemnity the Contractor against anc trom all obigations and Ilsbilties arising under or in connection with the Contract and from the consequences of any failure by the Subcontractor to perform those onligalions or to {Uf these ligbiities. Tha Contractor shall pay lo the narrinated Subcontractor the amounts which the Engheer cortos to be die in accordance with the subcontract. These amounts dhs ‘ther cherges shall be inoluded in the Contract Price 1 accordarcc with suD- paragraph (b) of Sub-Chuse 13.5 {Provisional Sums], exoept as stated in Sub- ‘Cause 5.4 [Evitonce of Payments]. Before issuing a Payment Certéicate which nolucies an amount payable to a nominated Subcontractor, tho Engineor ray request the Contactor to. suoply seasonablo ovidence that the nominated Subcontractor has received all amounts due in accordance with prevous Payrhent Cartficates, less appficable deductions for retention or otherwise. Untess the Contractor: fa) subrrits this reasonable evidence to the Engineer, or {bi (i salisfies the Engineer in waiting that the Contactor Is reasorubly entitled to withhold cr refuse to pay those amounts, and i) submits to the Engineor reasoneble ovidenos that the nominated ‘Subcontractor has been notited of the Cantractor’s entitlement, then the Gmployer may (at his scle discretion) pay, direct to the nominated Subcontractor, part or all of such amounts previously certfied (ess applicable be 1990 21ae decluctions) as are duc to the nominated Subcontractor and for whieh the Coniractor has failed to submit the evidence descrined in sub-paragraph {al or ib) above, The Contractor shall then repay, to the Employay, tho amount which tho norrinatad Sub- contractor was directly paid by ihe Employer stdéand Labour 61 | Engagement of ‘Staff and Labour 62 Rates of Wages and Conditions of Labour 63 Pergons in the Service of Employer 4 Lebour Laws 85 Working Hours 66 Facilities for Staff and Labour 67. Heats and Safety 22 Except as cthewiso statad in the Spocitication, tho Contractor shal rake anangaments for (he engagement of all staf! and labour, locel or oternwse, enc! for their payment, housing, feeding ancl transport ‘The Contactor shall pay retes of wages, and abeerve condifions of laseur, vibich are not tower then those established for the trace or Industy where the work is canted out 1. established rates or concitions are applicable, the Contractor shallpay rates of weges and observe conditions which are aot lower than the genoral lovel of wages and conditions observed locally by employers whose trede or industry is simier to thet of the, Conteacter. The Contractor shall not recruit, oF attempt to recsult, staff and Fsbour from emongst tho Empioyor'e Poracnnol The Contractor shall comply with all the retevanl labour Laws applicable 1 the Contractor's Personnel, incuding Laws reatng to their employmont, heallh, safety, welfare, Immigration and emigration, and shal slow them all ther fegol rights. ‘The Gontractor shall require his employees te obey all applicable Laws, inckiding those conceming safety at work, No work shal bs cerrisd cut on the Site on lonally recognised days of rest, or outstda the noinal working hours stated in the Anpenelx to Tancter, unless: @) otherwise stated in the Contract, {6} tho Enginoor givas consont, oF ©) the workis unavoidable, or necessary tor the protection of fe oF property or for ‘he safety of the Works, in which case the Contractor shall inmadkataly advise the Engineer Except 68 otherwise stated In the Specification, the Contactor shal prove and maintain all necessary accommodation and welfare facies for the Contractor's Personnel. The Gontracior shell also provide facilities for the Employer's Porsonnal as statad in the Specification. ‘The Conirector shal not permit any ef the Contractor's Personnel to maintain any temporary or permanant thing quarters wilhin the structures forring part of tha Pertanest Works. ‘The Contactorshall at afl timgs lake all reasonable precautions to maintan the healt and saiety of tha Gantractor’s Personnel, in collaboration with local health authcrites,68 Contractor's Supetintendence 6.9 Contractor's Personne! 610 Rocarele of Contractor's Personnel and Equipment B11 Disorderly Conduct (se Carn tho Contractor shall ensure that iedical staf, fist ald facies, sick bay and ambulance sevice are avaliable at all mes 2t the Site and at ary accommodation for ‘Conlractor's and Employer's Personal, and that sultable arrangements are made for al necessary walfaro anc hygione requirements and tor the prevention of epkdomice. ‘Tho Conlractor shalt appoint an accident prevention officer at ths Sito, responsisle for rraintairing sofety and protection against accidents, This person shall ve cuelifed for this responsbiity, and shall have the authority to issue instructions ard take proactive reasures to piovent accidents. Throughout the execution of the Works, tho Contractor shall provid whatever is required by this person to exercise this respon- sibity and authority . ‘The Contractor shall senc, to the Engineer, dotals of any accident as soon as practicable aflor ifs accurence, The Contractor shall maintain records and make reports concerning health, satay and wellare cf persons, ard damage to property, a3 lhe Engineer may reasonably require. ‘Throughout the execution of the Werks, and as tong thereafter 2s Is necessary to full the Contracter's obligations, the Coniracior shall provide all necessary supe intendence to plan, arrange, dlioct, manage, inspect and teet the wark, ‘Suporintenderce shal be givan by a sulficlent number of persons neving adequato knowlecge of the language for communications (defined in Sub-Cause 1.4 [Law and Language) and of the operations to be carried out (including the molhods and eohntquos reaurrod, the hazards bkely to be encountered and methods of preventina accidents), for the satisfactory and safe execution of tho Works, ‘The Contractor's Personnel shall be appropriately qualified, skied and experienced In their resvective traces or cecupations. The Engineer may require the Contractor to rempva (or.causo to bo ramoved} any person employed on the Site or Works, including the Gontaicter's Representative if applicable, who: {6} portlate in any misconduct or look of care, {0} caries out cuties incompetently or negtgenty, {6} falls to conform with any provisions of the Conitact, or (O) persists in any conduct which 1s prejudisal to sefety, health, or the protection ‘of the environment. H appropriate, the Contractor shall the appsint {or cause te be appointed) a suitabis replacement perso, ‘The Contractor shall submit, te the Engineer, details showing the number of cach lass of Contractor's Parsonnel and of eaat type of Contractor's Equipment on the Ste. Detais shal bo submitted each calender month, in a form approved ty tha Engineor, until the Ocntrector has corpleted all work which is known to be outstanding at the completion dats stated in the Teking-Over Certificate for the Works, ‘The Contractor shall at all times take all eesonable precaulions lo provent ary unlawiul, iotous or disorderly conduet by or amiangst the Contractor's Personnet, and to preserve posce and protection of parsons and property on and rear tho Bite. Broe wR 23Plant, Materials and Workmanship a Manner of Execution 2 Sampies Ta {nspoction 74 Testing 24 The Contactor shall cary out the manufacture of Plant, the production ard Manufacture of Materials, anc! all ether exeoulicn of the Warks: l8)_ inthe manner (f ary) epacifod in the Contract, {b)in-a proper workmanlike and careful menne’, n accordance with recognised good practice, andl ©) with properly equipped facitties and nohazerious Maletias, exceot 2 ‘othenvise specitied in the Contract ‘The Contractor shall submit ihe folowing samples cf Materials, and relevant information, to the Enginaer for corsent price to using the Materials in or for tho Works: fa) manufacturer's stanciard sernplos of Materisle and camples specified in the Contract, al at the Contractor's cost, and (0} additional samples instructed by the Engneor as a Variation Each sampie stall be labelled as to origin and intended use in the Works. ‘The Employer's Personnel shail at all reasonable mas: @) have full ocess to all pars of the Sita and to all places ftom which natural Meterils ara being obtained, and (©) during procuction, manufacture ard construction (zt the Sile and elsewhere), ba eniitisd to examine, inspect, measure and test the maiovials and werkmanship, and to chock the progoss of manufacture of Plant and production and manufacture of Metarias, ‘Tho Contractor shall give the Employer's, Perscnnel full opportunity. to carry out these activites, including providing accsss, facies, permissions and safaty equipmant. No such activity shall relievo the Contractor froma any obtigation or responsibilty. ‘The Contractor shall give notice to the Engineer whenever any work is ready and before it bs covered Up, put out of sight, or packaged for storage oF tianspert. The Engineer shall then either carry out tha examination, ingpcotion, measurement or testing withoul unmssoniable deley, or promally givo notice to the Contractor thal the Enoinzer does not require to do so. If the Contractor fails to give tho notice, he shal, if and whon roquited by the Engineer, uncover the work and thareefler reinstate and rake good, al at the Contractor's cest. ‘This Sub-Clause shal apply to all tests spoctied in the Contract, other than the Tests atter Completion {if any. ‘The Contractor shall provide ll apparatus, assistaneo, deauments and other information, electricity, equipment, fuel, consumables, instruments, labour, ‘iraterals, and suitably qualified and experienced stall, as are neceseary 10 carry out the upectfied tests efficiently. The Conteacior shall agree, with the Engineer, the timo and place for the specified testing of any Planl, Materials and other paris oi the Works, ee s90a (Centon of Cora lr Uaetacton75 Rejection 78 Remedial Work The Engineer may, undar Clause 13 [Variations and Adjustrronts], vary the locetton or details of svectied tests, or instruct the Contractor to carry out addtional tests. IFthese vetied or additional toate show. that the tested Plant, Materials or werlmanstip is not in accordance with the Contract, the cost of carying out this Variation sha! bo borne ‘by the Contracter, notwithstanding other provisons of the Contract. ‘The Engineer shal! give the Contractor not less than 24 hours' notice of the Engineer's intention to attond! the tests. If the Enginesr doos nol alton! at tha (ime and place agreed, the Contractor may procead with the tests, unless otherwise instructed by ie Engineer, and the ‘ests stall then be deemed to have been mad in tha Engineer's presence, . If the Contractor suffers delay and/or ineus Cost from complying wity these instructions or 85 a result of @ delay for which the Employer is response, tho Contractor shall give notice to the Enginser and shall be entitled subject to Sub- Crz0 20.1 [Contractor's Clima] to: (@) an exiension of time for any such delay, if comptation is or will be delayed, ‘undar Sub-Ciause B.4 (Extonsicn of Tine tor Completion), and (61 payment of any such Cost plus reasonable proft, which shall be included in the Contrast Price. After receiving this netice, the Engineer shal priced in accordance with Sub- (Clause 5.5 [Determinations] to agree or detenting these maltars. ‘The Contractor shall promptly forward to the Engineer duly certifad reports of the tests. ‘When the epectied tesls have bean passed, tho Engineer shall endorse the Contractor's test certficate, or issue a cetiicate to him, to that effect. If the Engineer has not attended the tests, he shell be deemad to haveacoepted the readings as accurate. li, 25 2 result of an exarrinatton, nspection, measurement oF testing, any Plant, Materials er workmanship is found! to be defective or otherwise notin accordango with, tho Contract, the Engineer may reject the Plant, Materials or workmanship by giving notice to the Contractor, with reasons. The Cortrastor stall then promptly make: good. the defect ancl ensura that the rejected item complies wilh the Contract It the Enginoor recuires this Plant, Materials or workmanship to be retested, the tests shall be repeated unde the same terme and conditions, Ifthe rejection and rataetingy cause the Employer to incur accitional cosis, tte Contractar shail subject to Sub- Cause 2.5 [Eneioyer's Cains] pay these costs o the Fraployer Notwithstending any gravious tost or certiication, the Engineer may instruct the (Contractor to: (2) renee from the Sie ard replace any Plant or Materia which is not in accordance wih the Contract, {6} remove and re-oxecute any other work which is not i accordance with tho Contract, and {6 oxecute any work which & urgently required for the safety of the Works, ‘whether because-ef an accident, unforeseaaiis event or otherwise, The Contractor chell comply with tho instvuction within a reasonable time, which shal tbe the tine if any) specified #1 the Instruction, of immediately if urgancy Is specited under sub-paragraph (6 eine 1989 25 3 5 3 FORMSWn ‘Ownership of Plant and Materials 78 Royalties, ‘Ore Inthe Cenirector fails to comply with tne instruction, the Empioyer shall be entited to employ and pay other persons to carry oul the work. Excapl lo the extent that the Contractor would have been entitled te payment for the work, the Contactor shall subject 10 Sub-Clzuse 2.5 [Employer's Cains] pay (o the Employer all costs arsing from this failure, Each item of Plant and Matoriaa shall, fo the extent consistent with the Lavis of the County, become the property of the Employer at whichever is the eater of the Icllowing fires, free from liens and other encumbrances: fa) when itis defivered to the Site: . {5} when the Contractor 1s entitled to payment of the value of the Plant and Malerials under SUD-Cause 8.10 {Payment for Plant and Maieriats in Event of Suspension). Unless otherwise stated in the Specticaton, tho Contracior chell pay all royaties, rents avid other payrnents for: (@} naturel Metorita obtained from outsida the Site, ancl (b| the disposal of matorial trom demottions and cxcavations and of othor surplus ratorlal (whether natural or man-made), except to the oxtent that dispooat areas within the Site are specified in the Contract. Coriimencement, Delays and Suspension at Commencement of Work The Engireer shat ghe the Contractor not less then 7 days! netice of the az Time for Completion a8 Progremme 26 Commencement Date. Uniass otherwise stated in the Particular Conditions, the Comirrencement Date shall 59 within 42 days efter tho Contractor receives the Letter of Acceptance,” The Contractor shalt commence the execution of no Works as socn as is reasonably raclicable alter the Commencement Date, and shall tien proceed with the Worke with due expedition anc withcut dolay Tho Contractor shall complete tho whe of the Works, and each Section {if any, within the Time for Completion tor the Works or Section {as Ihe case may bo}, ‘cluding: ) achieving the passing of the Toels on Completion, and ©) completing all work which BB staled in the Gontract as being required for tho ‘Works or Saction to ba considered to ba completed fer the purposes af tsking- over under Sub-Ctause 10.1 [Taking Over of the Works ard Sections}. The Contractor shall suit a deieted tro progammme to the Enginaer within 28 cays after recoiving the netica under Sub-Olauso 8.1 [Comynancament of Werks]. The Contactor shall also submit a revised programme whenever the previous programma is inconsistent with actual progress or with the Contractor's cbligations, Each programme shall incluso: rote 1000 ‘cretions oF Gat r Canatncrsnaa Extension of Time for Completion Gener) Conn (@) the orcior in which tho Contractor intends te cany out the Werke, including the anticipated timing of cach stage of design (i any}, Contractor's Noouments, procurement, marufacture of Fant, dalvey to Site, construction, erection and testing. {8} each of these stages for work by each nominated Subcontractor fas detect in Glausa 5 Nominated Subcontractors}, (© the sequence and timing of inspections and tests apecitiod in the Contract, and (@ a supporting report which inctuces: @ 4 general dsoription of the methods which the Contractor intends to adopt, and of the major stages, in the oxecution of the Works," andl i) datalls showing the Contractors reasonable astmate of the number of ‘adi class of Contractor's Personnal and of each lypa of Contractor's Equipment, required on the Site for each major stage. Uniass the Engineer, within 21 days after receiving 0 progrémms, gives actics to the Goniracior stating the extent to which ft cbes not comply with the Contract, the Contractor shall proved in accordance with tha programme, subject to Hs othor Obligations under the Contact. The Emplorer's Personne shall be entitad 10 rely ‘upon the programme when panning thar adits Tho Contractor shall aromplly gyve nolics to ihe Engheer of spool probabio future events oF circumstances whic may advorsey affect tho werk, increase the Contract Price or delay tho execution of the Works, The Engineer may require ihe Contractor tg submt an estinate of the anticpated effect of the future event or circumstances, and/or a proposal under Sub-Clause 13.3 [Variation Procodtura] ff, at any time, tho Engineer gives notica lo the Contractor that a programme fails (to ‘he extent stated} to comply with tho Contract o to be consistent with aclual progress and the Contractor's stated intentions, the Contractor shall submit a revised Programme in tho Engineer in accordance with this Sub-Clause. ‘Tha Contrector shall be entiled subject to Sub-Ciauae 20.4 [Contractor's Claims] to an extension Of the Time for Completion if and te the extent thet completion for tha purposes of Sub-Gaause 10 1 [Tali Over af the Works anct Sections] ¢ or vit bo doayad by any oj the following causes: (@) a Veviation (unloss an adjustinent to the Timo for Conrpletion has been agread under Sub-Clawse 13.3 [Yawation Procedure) or other substantial change in the quantity of an item of work inolided in tha Contract, ()a.causo of delay giving an entilement to extension of time under Sub-Cause of these Conditons, ©) oxcentionaly adverse cimatio conditions, @ —_Unoresezebte shoriages 11 the avaiabiy of personnel er Gaods caused! by epidemic oF governmenial actions, or ©) any delay, impediment or prevention causcd by o” attributaaia to the Empoyer, the Empiyor's Parsonne, or the Empoyer's other contractors on the Sita, I-the Contractor considers himself to be entitied to an extension of the Time for Completion, the Contractor shall give notice to the Engineer i accoréance with Sub- Glause 20.4 {Contractor's Claims], Whan determining each extencion of timo under Sub-Clause 20.1, tha Engnesr shell reviow provious dlotermiaaliona and may increase, but shall nat decease, tha iotal extension of time, 1G 199 27as Delays Gaused by Author 86 Rate of Progress ar Delay Damages a8 Suspension of Work 28 Ifthe folewing conditions apply, namoly: (@) the Contractor has ciligently ‘olowed the procadurss lad down by the relevent {egelly consituted pubic authoritias in the Country, (i) these aulhoritas delay or cisrupt the Contractor's work, ancl (6) the delgy or cieruption was Untoresseabl, then ‘his doley or cisuption wil he considered as a causo of detay under stb- paragroph (b) of Sub-Clause 8.4 [Extensian of Time for Completion) I, at any time: {€1_actuat progroso ia 100 slow te comploto within the Time for Completion, ancior (&) progress hes fallen (or will fal) ehind the eurrent programe under Suo- Clause 8.3 [Progrerrne), other than as a result of a cause listed in Sub-Clause 84 [Extension of Tino ior (Completion), then the Engineer may instruct ths Contractor to eubmit, under Sus Clause 8.3 [Progremme|, 2 revised programma and supporting report describng tie revised’ methods which (ho Contactar proposes to adopt in ordar lo oxpedte progress and complete within the Time far Completion. Unless tha Engineer nolifiae otherwise, the Contractor shall adept these rexised, methods, which ray require increases ia the working hours and/or in the numbers of ‘Contractor's Personnel and/or Goods, at the risk and cost of the Contractor. F these revised matheds cause the Employer to incur additional eaets, the Contrector ahell subject to SUD-Clause 2.5 [Empioyer's Cains] pay those costs to the Employer, In addition to delay camages (if any; under Sub-Clause & 7 below. If the Contractor fails te comply with Sub-Clause 8.2 [Time for Corpiotion}, tho Contractor siall subject 10 Sub-Clause 2.5 [Emobyers Claims| pay delay damages to the Employer for this defauil. Thasa dalay damages shall be the stim stated in the Appencix to Tendor; which shall be paid for every day which shal elapse between the relevant Time for Completicn and the date’ slated in the Taking-Ovor Certificate. However, the total amount cue under this Sub-Clause shall not exceed the maximum amount of delay damages (W any] stated in the Appendix to Tender. These delay damages shall be the only damages duo from the Contractor for euch default, other than in tho ovent of termination undar Sub-Clause 15.2 (ieimination by Employer] prior to completion of the Works. These camagas shell nat réiava ihe Contractor from his obligation to complete tha Works, or from any other dutics, obligations or respensibililies which ha may have under the Contract. The Engineer may at any time instruct the Contractor lo suspend progress ot ‘part or all of the Works. During such suspension, the Contractor shall protest, store and secure such part or the Works acainst any deterioration, loss or damage. ‘Ths Enginear may aso nal tha cause for the susponsion, If and to the estent that ‘the cause is notified and 's the responshhilty of the Contractor, the following Sub- Clouses 6.9, 8.10 and 8.11 shall not app. eI a9 (Gants ut Cenct or Cersrucion89 if the Contactor suffers delay andlor incurs Cost from complying with the Engineer's Consequences ot instructions under Sub-Glause 8.8 [Suspension of Work] and/or from resurning tho ‘Suspension woe, the Contraator shal give notioa fo the Enghnear and stall be entitled subject to Sub-Cause 20.4 [Contractor's Claims] to: (@) an oxtension of time for any such dey. if completion Is or will be delayed, ‘under Sub-Gteuse 8.4 (Extension of Tima for Completion), and (©) payment of any such Cost, which shall be included In the Contract Prise. Atte: receiving this netioa, tie Engineer shal proceed in accordance with Sub- Clause 2.5 [Determinations] fo agree or deterring these matters. ‘The Contractor shall not be antitled to an extension of lime for, oF to payment of the ‘Cost inourted in, making good the consequences of the Contracter’s fauily design, ‘workmanship or materials, or of the Contracio’s failure to protect, atore or sacuro in accordance with Sub-Clase 8.8 [Suspension of Work} 8.10 Payment for Plant and Tha Contractor chal bo anttled to payrnert ofthe vala (sat the dete of suspension} Materials in Event of of Plant and/or Meterals which have not boen dalivared to Sito, Ht Suspansion (@__ the work on Plant or delivary of Plant and/or Matarals hae been susnended for move than 28 days, ang () the Contractor has marked the Plant and/or Materia: as the Empoyor's Properly in accordance with the Engineer's netructions. eat Prolengad Suspension —_ if the stspension under Sub-Clause 8.8 [Suspernsiorr of Work] hess continued for more ‘thon 84 days, the Conirector may recisst the Engineer's permission to prooeed. if he Enginacr does not give permnssion within 28 dayo after boing requested to cb so, the Gontractor may. by ging noice 0 the Engheer, trezt the suspansion as en omissian under Glauso 19 {variations and Acfustments] of the affected part of the Works. Ifthe suspension affects the. whole of the. Works, the, Contractor may, give notice of ‘omination under Sub-Cause 16.2 (Termination by Contractor). aig -—— ——- + ee ee ~ — Resumption of Work After the pennigsion or instruction to proceed is given. ‘the Contrestor and the Engineer stall Jointly exetving the Works and the Plant and Materials affoated by ‘he suspension. The Contractor shall make good any deterioration or detacl oF loss of the Works or Plant or Materials, which has occurred during the suspension, eo redbdhn Completion on Contractor's Obligations Tho Cortractor shall cary out the Tests on Compietion in scoordance with this ‘Clause and Suo-Clause 7.4 [Testing], ater providing the documents in accordance swith eub-paragraph (¢) of Sub-Clause 4.1 [Contractor's Generat Cblgations| ‘The Contractor shall give to the Engineer nct Wass than 21 days‘ notice af the cate after which the Contactor will be ready to cary out each of tho Tesis on Compiation. Unless otherwise agreed, Tests 1 Completion shall be cartied! out within 4 days after this date, on such day or days as tne Engineer shall instruct In considering the reeulfs of tho Tests on Gompletion, the Enginesr ehcll make 29 Gino Donen ADC i989 [FORMS92 - Delayed Tests 93 Rotesting a4 Failure to Pass Tests on Gompletten ‘i, OS Evnfidfe Taking Over 104 Taking Over of the Works and Sections 30 allowances for the affect of any use ofthe Works by the Employer on the parfornance © othicr characteristics of the Works. As soon go the Works, or a Section, have paysed any Tesls orl Completion, the Cantracior stil subrnit a certified report of the resulls of these Tests to the Enginoar, Ifthe Tosts on Compieton ars being unduly delayed by tho Employer, Sud-Chuse 7.4 (estig| ith paragesph) and/or Sub-Clause 10.3 [hterterence with Tosts on ‘Compietion| shal be applicable, IF he Tests on Comptetion are bang unduly delayed by the Contactor, the Enalnear may by notice require the Contractor to cany out tho Tests within 21" doys after receiving thenotice. The Contactor shallcemy out the Tests on such day or days within ‘that periad as the Contractor may fx and of wich ho stall give notice to the Enginaer 4 the Contraclor tails to camry cut the Tests on Campletion wihin the perlod of 21 days, the Employer's Personnel may proceed with the Tests at the risk and cost of tho Contreotor. The Tests on Completon shall then be deemed to have been carried ‘out in the prosance of the Contractor and the results of the Tests shall he accepted! ‘as accurata, {f tho Works, or a Soction, fail fo pass the Tests on Compistion, Sub-Clause 7.5 (Feleciion) shal apply, and tne Engineer or tho Contractor may raquiee the falled Tests, land Tests on Completion on ny related work, to bo repeated undor the some ters ‘anc! conditions. If the Works, or a Sectton, fall to pass tho Tests cn Complellon repeated under Sub- Clause 9.3 [Retesting|, the Engincer shat be entillod to: f) order further reaction of Tests on Completion under Sub-Gause 9.3; bb) the taiure deprives the Employer oj eubsiantially tho whole benofil of the Works oi Section, reject the Works or Section (as the case may be}, in when avant the Employer shall have the same renecies as are provided in oul Paragraph (c) of Sub-Chause 11.4 [Faiure to Remedy Dofects} or ©) issue & Takeng-Over Certitcate, if he Employer so requests Jn the evonl cf sub-paragraph (¢, the Gonttacter shall proceed in accordance with all ol obttrations under the Conteact, and the Contract Price shallbe recuiced by euch @rrount an shell be appropriate to cover the reduced value to the Employer a5 a rosut of this falure. Unless the sotevart reduction for this fatute #8 stated (or fts method of Calculation is defined) in the Conteact, tho Employer may roquite the reduction to be () aged by beth Panties (in full satisfaction of ths falure only) and peidl before this ‘Taking-Qver Certticate is issued, or (i datermined and paid under Sub Clauoo 2.6 [Employer's Claims] ancl Sub-Clause 9.5 (Determinations). Except as stated in Sub-Clause 9.4 [Faure to Fags Tests on Completion], the Works shall be taken over by the Employer when () the Works have beon completed in accordance with the Contract, inoluding the matters. described in Sub-Cluso 8.2 [fine for Compioton) and except az alowed in sub-paragraph f@) below, and () a ‘eric 1968 ‘Crnetonsof Comet i Cenctuten10.2 Taking Over of Parts of the Works Genaatcrctone “Takng-Over Certificate for the Works has been issued, or is deemed te hava boon ksved in accordanes with this Sub-Clausa. ‘The Contractor may eppiy by notice to the Engineer for a Taking Over Certiicate rot earter than 14 dayo before the Works wif, in the Contractor's opinion, be complete ‘and ready tor taking over. If the Works are divided into Ssetione, Ihe Contractor may simtatly apply for a Taking-Over Certlfeate for each Seotion, ‘The Engineer shall, within 28 days after recoiving the Contractor's application: (2) Issue the Tasing-Over Certiicate to the Contractor, stating the date on which the Works or Seetion were ocmplatedin acaordance with the Contract, except fos any minor oulstencing work end defects which will not substantially eifoct ‘he use of the Wores or Section for their intencled purpose (ether until or whist this work ie completed, and these defects ave reraecieg}; or ©) reject the appication, ghing reasons and specifying the wouk required to be done by the Contractor to enabie the Taking Over Cartiicate to be issued. The Contraotor shell then compete this work beiore issuing a further netice under ths Sub-Clause, If the Engineer fells either to Issue the Taking-Over Certificate of to relect the Contractor's application witin tho period of 28 days, and if the Works or Section fas the case may bo} are oubslanially in accordance with Ihe Gantract, the Taking- Over Certiicate shal be deemod te havo been issted on the last clay of thal perio The Engineer may, at tho cole discretion of the Employer, Issuo a Taking Over Cattlcate for ary par of the Permanent Works. Tho Employer sha? not uso any part of the Works [olor than as a temporary ‘measure which is either sgectied In the Contract cr agread by both Patlles} unlooe ‘and until the Engineer has fssued a Taking-Ovor Certiicate for this part. However, the Employer Goes use any pari of the Works bofore tite Taking-Ovor Cerifcala fs ‘issued: @) the part which is used shall be deamed to have beon taken over as from she dais on wtich itis used, (0) the Contractor shal ase to bbe liable for the care of such part as from this date, when responsbility shell pass to the Employon, and (1 if requested by the Contractor, the Engiveer shall issue a ‘faking-Over Gortiioate tor this part ‘fier the Enghneer has issued a Taking-Over Certiicate for a part of the Works, the Contractcr shall be given tho earfest opportunity to take auch atops as may be Neceeeary to cerry out any outsianting Tests on Comptolicn. The Contractor shall ‘Carty Out these Tests on Completion as soon as practicable bafore the expiry date of the relevant Dafects Notiication Posiod. I the Contractor inours Cost as a resutt of the Empioyer taking over andor using a part of the Works, other than such use as is specified in the Contract or agreed by tho: Contractor, tha Contrector shall @) give ntioo ta the Engineer ard () be enitled subject to Sub-Clause 20,1 [Contractor's Cains] to paymant of any such Cost plus reasonable profil, which shall be tneluded in the Contact Price, Atter recsiving this Notice, the Engineer shal proceed accordanes with SubClass 3.5 [Deiorminationa] te egree or detewrine this Gest and proiil, Au 1998 3tSOuEEE If a Toking-Over Carlifoate has bean issued for a part of the Works (other than & ‘Section, the delay dameges thoiwalter for completion of the remainter of the Wouke shall be reduced. Similarly, the delay camanes for the remmaincer of the Saction Gfany) in which this port io included shal also be reduced. Fer any period of delay etter the bite stated In thls Teking-Over Certfcate, the proportional reduction in these day damages shall bs caicutaled as the proportion which the value of the part so certtied bears to the vate of the Works or Soation (as the cae may bo) a9. whols, The Enginger shell proceed in accordance with Sub-Clause 3.5 [Determinations] to agrot ‘oF determine those proportions. The provisions of this paragraph shall onty apply to the daily rato of celay damages undo Sub-Claise 6.7 [Botiy Cameges}, and shall no! affect the maximum amount of thess damages, . . 108 oe cen Interference with Tests on If ho Contracior is prevantad, for more than 1M days, from oarying out the Tasis on Completion Completion by a cause for which the Einpicyer § responsiole, the Employer shall be , resulting ‘rom the changa, excluding adustments under Sub-Ciduss 13.7 [Adustments for Changes 0 Legislation] and Sub-Clause 138 [Adjustments for Changes in Cosil, and {the reduction ff ary) in the vale to the Fiployer of the varied works, taking aecount of en reductions in quality, anticipated Ife oF operational offctoncies. However, # amount @]is foas then amount Gi), there shall not be a jee. IMthe Enginoer requests a proposal, prior to instructing Variation, the Contractor shalt respond in writing as soon a5 practicable, either by g¥ing reasons why he cannot comply ff this & the ease} or by submilting: (a) a. doseriotion of the proposed work to be performed and @ programme for is execution, {b} the Contractor's proposal for any recesssry modiiigatiors to the programme according to Sub-Claise 8.3 [Programme] and to thes Time for Completion, ard (6) the Contrector's propasal for evaluation of tho Variation. ‘Tho Enginoer shall, a8 soon as practicable attr receiving such proposal (uncat Sub Chuse 13.2 [Value Engheenrg] or otherwesa, respond with approval, disepprovel or comments. The Contractor shall not delay ary work whilst awaiting a response. Huc 10w kre g 8134 Paymont in Applicable Currencies 135 Provisional Sums 138 Daywrork 368 Each instructon to execute ¢ Variation, with any requirements for the recording of Costs, shall be ‘seuied by tne Engineer to the Contiactar, who shall acknowrodde receipt. Each Variation shal be evatuated in accordance with Clause 12 [Mcasurenent and Evakiation), unlose the Enginoor instructs or approves otherwise i accordance with ths Cruse, If the Contract provides for payment af tha Contract Price in more than one currency, than whenevor an adjustment is agreed, approvad or determinad as stated above, the amcunt payabte In each of the applcatla curencies shall be spositiod, For this purpose, reference shall be made to the actual or expected currency proportions of the Gost of the varied work, and to the proportions of various currencias speciied for payment of the'Gontract Price. ach Provisional Sum shail only be used, in whole o* in pat, in ascordance with the Engineer's instructions, and the Contract Price shal ke acjusted accordingly, The total ‘sum paid to the Contractor shall Indude only such amounts, for the work, supplies or senicas to which the Provisional Sum mefates, as the Engineer shall Pave instructed, For exch Provisional Sum, the Engineer may inetruct: {@) work tobe excouted! fnclicing Plant, Materials orsenvices to be supplied) by the Contractor and valued under Sub-Clauso 13.3 [Variation Procedure} and/or ft} Plant, Materials or services to be purchased by the Centractor, tom @ ‘ominaied Subcontractor fas defined in Ciaueo & [Norninafod Subcontractors) cor otherwise; and for which thers snal be Included in tne Contract Price. @ the actual amounts paid (or dus lo be pai) by the Contractor, and {i 2 sum for overhgad charges and profi, celcuted as 2 percantogo of these ectuel amourta by applying the eclovant percantago rate Gf any! stated in the appropriate Schedule. if there is no such rats, the porcontage rate stated in the Appendix to Tender shall be appled. ‘The Contractor shall, when required by the Enginaer, produce quotations, Invcices, vouchers and accounts or receipt in subslanti For work ofa miner or incidental nature, the Engineer may instruct that a Veriation shat ba executed on a daywork basis, The work shall then be valued in acoorcancs with the Baywork Schedule included in the Cantract, and th folowing procecture shall apply. fF a Daywork Schedule ig not Inckided in the Contract, this Sub-Clause shall not apply Bolore ordering Goods for the work, tre Contractor shall eubrrit quotations to tho Engineer. When applying for payment, the Contractor shall submit tnvatces, vouchers tend accounts or recoipte for any Goods. Exeopt for any items for which the Daywork Scheclule specifies that payment Is act duo, the Cortracior shall deliver each day to the Gngineor accurate statomente in duplicate which shal Include the following detais of the resources used in executing the previous day's work: {9 the names, occupations and time of Contractor's Parsonnel, {0) tha Identification, type and time of Contractor's Equipment anc Temporary Works. and (@) the quanilloe end typoe of Plant and Materials used. FUG 1088 conte of Carta! er Camtaein18 Adjustments for ‘Changes in Legislation 138 Adjustmonts for Changes in Gost Beatles One copy of each statement wil, i comect, or when agreed. ba signed by the Engineer and returned to the Contractor. The Contracior ahall then submit priced slatemenis of these resources lo the Engingcr, prior (9 their inclusion fn the next Statement under ‘Sub-Clause 14.3 [Appication for inierin Paymant Certticates}, ‘The Contract Prive shell be adjusted to take account of any increase or daciease In ‘Cost rosuliing from a change in the Laws of ihe Gountry {ncluding the irtrocuction of ew Laws and the repeal er- moctication of existing Laws) or in lie judictal or official {governmental interpretation of auch Laws, made aller the Bie Date, which affect tho Contractor in the performance of obigations Under the Contract. . {tthe Contractor autters (or wil suffer) delay anc¥or incurs (oF vill incur) addllionel Cost a8 a resull Cf theso changos in the Laws or in such interpretations, made after Ihe Base Date, the Contractor shall give notice to the Engineer and shal bo enthica subject to Sub-Clause 20,1 [Comtetctor’s Clams) to: } an extension of lime for any such delay, if cGmpletion Is or will be delayed, ureier Sub-Clause 8.4 [Extension of Time for Completion), and (©} payment of eny such Cost, which call bo inelucled in the Contract Price, Aller recaiving this notice, the Engineer shall procoad in accordance with Sub- Clause 3.5 [Delerminetions] to agree or determine these matters, fm this Sub-Clause, “table of adjustincnt data’ means the completed table of adjistmorit data inclucted in the Appendix to Tendox. IF thera is no such table of eqjustment data, this Sub:Césueo shall not apply. INthis Sub-Cleuso apples, the amounts nayebl to the Contractor shal bs adjusted far tibes or fails in the coat of labour, Goods and other inpuis to the Works, by the addition oF doduction of the amounts determined by the formulae nrescribad in this Sub-Clauso, To the extent that ftrt componsation for any ie ar fallin Casts is not covered by the Provisions of this or ollier Clausos, the Accepted Contract Arrount shall be deemed to rave included amounts to caver the eontingsney of cther riso andl fala in casts. “The aclustinient to ba applied to the ammount othannise payable to the Contractor, ar valued in accordance wih the appropriate Schodule and cartifed in Payrnent Certif. ‘cates, shall to determinod ‘ror formulae for each cf the cLrrencios in whieh the Contract Price is payable, No adjustment is fo be appliod to work valued on the basis © Cost or current prices. The formulae shelve of the folowing ganeral type: Posatbla+e Ey dMny. Fo Mo where: “Pn is tho adjustment muliigior to be anplicd to the estimated contract valuo in the relevant curency of te work camied cul in partad "n’, this period! being ‘@ month unless olhenvise stated in the Appendix to Tendon "a" Is a fod coeticient, stated in the relevant table of adjustment data, represonting the non-adjustable porian i contractual payments; bc, are Coofficients representing the oslimated proportion of each cost ement rafsled to the execution of the Works, as stated in the relevant AD Jw w» y a FoRvslablo of adiuetmont data; such tabuatad cost oloments may be indicative uf resources auch as labour, equipment and mates; “Lot, "Er, "Mn... are the ourent cost indices or reference prizes for pariod “n*, expressed tn the selevant cuirency of paymMeni, each oF which is applicable to tha relevant tabulated cost element on the date 49 dys prior to tho last day of the pated to which the particular Payment Geriicate rele) aned ‘Lo®, "Ect, “Mo, .. aro the base cost indices or reference oricos, oxprossad In tho relevant currency of payment, each of viich is applicable to the relevant ‘tabulated cost element on the Fase Date, . ‘The cost indices ar reforonce prices statad In the table oF adjustment data shall be used. ff their source is in doubt, it shall be determined by the Enginaor For this purpose, reference shal be nade to the values of the indices at stated dates «quoted in the fourth andl fith columns rospectivaly of tho tabva} for tne purposes of clarficatfon f the source; although these dates (and thus these yelues) may not comespond fo the base cost indices. ln cases where the "currency of Incax" (stated in the table) not the relevent currency of payient, each inctex shal be Corwerted into the relevant currency of payment at the seling rato, establishod by tho oontral bani of the Couniny, of this relevant ‘currency on the above date for which the indexis required to be anptcabio. Until such tine as each curvent cost incex is availabls, the Engineer shell determin & previstonal index for the issue of Interim Payment Certiicates, When a current cost inctox is aveileoto, the agjustmont chell bo rocaleulatedt accordingly. I the Contractor falls to complete the Works within the Time for Completion, adjustment of prices thereafler shall be made using either {j each index or price apnticable on the dato 49 days prior to the expiry of tha Tima for Camplation of the Worle, or fi) the current index or prica: whichovor is nore favourble to ihe Employer. The swoightings (coefficients) for each of tha factors of cost slatad in tha tables) of adjustment data shall only be adjusted if they have been rendered urreasonalbte, unbalanced oF inapplicable, as a result of Variations. Contract Price and Payment 1431 ‘The Contract Price Unless otherwise stated in the Particular Gendltions: (@ the Coatact Prico shall be agreed o delernined under Sub-Clause 12.6, (Evatuation| and be subject to adiustmonts in accordance with tha Contract: &) the Contractor shall pay al taxes, cuties and fees requited to be paid by hin under the Contract, and the Contract Price shail not be adjusted for any of these oasts excapl as siated in Sub-Clause 13.7 Adiustmards for Changes in Legislation]; (©. eny quantities which may be set out in the Sil cf Quantities or other Schadulo cre catimated cuantiixe and are net to be taken as the actual and correct Quantities: (@ of the Works which the Contractor is required to execute, or for the purpuses of Clause 12 [Measurentent and Evatietion); ard BAC 1698 rst of Const fos Canin14.2 Advanes Paymont 143 Appli¢ation for Interim ‘erent Canaan (| the Contractor shall subirit to the Enginoo, within 28 doyo sfter the Commencement Date, a proposed braekdown of ech lump sum price tn the ‘Schadules. The Enginesr may take account of the breakdnwn whan preparing Payment Corificates, but shall nat be bound by i The Employer shall meke an acvance payment, as an inlerest-ree ‘oan (or ‘mobilisation, when the Coniractor submits a quarantoa in accordance wilh this Sub- Chuse. The total advance payment, tho aumbsr and timing of inataknents (if moro than one), anc the applicable curencies and proportions, shal be as stated in the Appendix to Tender, . Unless anc until the Ernployor receives this guarantes, oF il the total ecvatca payment is not stated! in the Appendix 10 Tender, this Sub-Clause shall nol apply ‘The Engine: shall issue an Interim Payment Certiiicate for the first instalment after reeoiing a Statement (under Sub-Clouso 14.8 polcation for interim Payment Certifcates}) and ater the Employer receivos 4} tha Performance Security in accordance with Sub-Clause 4.2 [Performance Security] and {ij a guazantoo in amounts, and currencies equal to tho atkance paynert. This guarantee shall bo issued by an entty and from within a county for olhar juriscliction) approved by the Employer, and shall ba in the for anrexad to the Pertiotéar Conditions or in onother form approved by tie Employer The Contractor shall ensure that tho guarentee is vail end enfarceable unit! the ‘advance payment has been repaid, but ts amount may be progressively reduced by the amount repaid by tho Contractor as indicated in tha Payment Ceatifioates. IF the ‘erms of the guarantee speolly its expiry dale, and the advanco payment fas not boon repaid by the date 28 days prior to the expiy date, the Contractor shall extand the Volilly of the guarentee unti tho advance payment hes been repaid The advance paymonl shall be repaid through parcontage doductions in Payment Corliigates. Unless over percentages are stated in tho Append 10 Tender: {@) deductions shall comerence in the Payment Cestifcate in which the ‘otal of all ccenified interim payments (excluding the advance payment and deductions and repayments of retention) exceeds ton per cent (1036) of the Accepted! Contract Amount tess Provisional Sums; ard () deductions shall be mada at tha amortisetion rte of one quater (259%) of the amount of each Paymont Cortifoate fexcliding the advance peyment and deductions and repayments of retention) in the currencies and proportions of tho advance payment, until such time ae the advance payment has boon repaid {f the advanca payment has not bean repaid priar to the issue of the Taking-Over Cetttcate for the Works or prior to terminetion under Clause 15 [Termination by Fmphyerl, Causa 16 [Suspension ancl Tamination by Contractor] or Classe 19 Force Majeure] (es the case may be), tha whee of the balance then outstanding shall immediately become due and peyeble by the Cartractor to the Employer. ‘The Contractor shall submil a Stalarnant in si copies to the Enginear ater the ond of cach rronth, in a form aporoved by the Enghesr, showing In datal the amounts to vwtich the Contracior considers himself 10 be artited, tagethor with supporting cocuments which shall include tha report on the progress during this morth in zecordance with Sub-Glase 4.21 [Prograss Reports). org 8 4 3 FoR14.4 ‘Schedule of Payments 145 Plant and Matoriats intended for the Works 42 Tho Sialomiant shal include tha folowing items, 9s spplicabla, which shall bo exprossad. inthe vaious currencies in which the Contact Prices payabie, in Ihe scquanes sted: (© tho cetimated contract value of the Works execuied and the Contractor's oouments produced up to the enc of the month (cluding Variations but excluding items descrined in sub-paregraphs (b) to () below); (©) anyamounts to bo added and deducted for changes in tegistalion and changas: in cost, in accordance wih Sub-Clause 13.7 [Adlustments for Changes in Lagislator]_ and Sub-Clausa 18.8 [Adjustments for Chengos in Cos! (@ any amount to be deducied for retention, calculated ny applying tho ‘percentage of retention stated in the Appendix to Tendar fo the total of the abeve amounts, until the amount so retained by the Employer reachés the limit of Retention Money if ary) stated in the Appendix to Tenders {3 any amounts to be added and detlucted for the advaneo payment and ropaymonls In aocordence wih Sub-Clawse 14.2 Advance Payment); (©) snyamaunts to be ackied and decctod for Plant and Materials in accordance with Sub-Clause 14.5 [Plant and Materials intended tor the Works}; (any othar adcltions of deductions which may have become due under the Contract or otherwise, including those under Clause 20 [Clims, Disputés and Atbitration|; ard (@ Wo deduction of amounts ceilifad in all previous Payment Certificates, Ifthe Contract inctuces a schedule of payments: speciiying the instalments in which the Contract Price wil be paid, then unless otberwise stated in this schectule: (6) tho inotalmonta quoted ih thie echadule of payments shal be the estimated Cconireet values for the purposes of sub-paragraph (@) of Sub-Giause 14.3 Uppiication for tntorin Payment Cesifcates|; (©) Sub-Clause 14.5 [Plant and Materials intencied for the Works} shall not apply; anct (©) if these instalments ste oi defined by reference (0 Ihe actual progress achiovad in oxacuting the Work, and if actual progreso is found to bo taco shan (Fat on which this schedule of payments was bused, then the Engineer may proceed in accordance with SubClause 3.5 [Bolarminations] to agree or determing revised insteirtents, wich shall take éocount of the extonl to which progress is toss than thal on whics the instalments were previous besed. the Contract does nat indude a schedule of payments, the Contractor sil subrnit non-binding estimates of the payments which he expects tobecome clue during each quarterly period. Tho first estinato shall be submitted witiin 42 doys after the ‘Commencement Date. Revised estmates shell be submited at quarterly intervals, until the Teking-Over Cerificate has been issued for tie Works. If this Gub-Clause apples, Interim Payment Cortifcatos shall include, under sub- peregraph (ei of Sub-Gause 14.3, () en amount for Plant and Materials which have ‘been cent to the Sita for incexporation ia the Permanent Works, and (ij a reduction wher the contract value of such Plant and Materials fs included 88 part of tho Permanent Works under sub-perearaph f@) of Sub-Chause 143 [Agolcation for Interim Payrrent Certiicates}, It tha lists raferred lo in sub-peragraphs (bf) or (e}f) betow are not included in tho Appandix 40 Tender, this Sub-Clause shall nol apply. ‘The Engineer shall determing and certty each addition if the following conefllons are. satisfied: noc 19 onions of Conia far Contacion14.0 Issue of Interim Payment Cettiticates Germs Contons @) the Contractor has: (kept satisfactory records (cluding the orders, receipts, Costs and uso ‘of Pant and Materials) which are available for inspection, and QW) submited a statement of tie Cost of acquiring and delivering tho Pant ‘and Materials to the Site, supported by salis‘actory evidenca; and cither: ©) the relevant Plant and Maton: @ ate those lisioa in the Append to Tander for payment when. shipped, fi) hove besn shipped ta the Country, en route to the Site, h accordance with the Contract; and 4) are deseribed in a clean shipped bill of lading or othor evidence of shipment, which has baon submitted to the Engineer togethor with evidence cf payment of freight and insurance, any other clocumenté reneonably required, and a bank guarantee In a for and issued by ant entity approved by ihe Employsr in amounts and currencies equal to the amount due under tris Sub-Claueo: this guarantee may ba in a sirifor fom te the form referred to in Sub-Clauso 14.2 (Advance Payment] ancl shaltbe valdd untif the Plant end Materials are proporly storecton Site and protected egainet loas, damage or deleriaration; o {6} the relevant Plant and Matovals are thoso listed! in tho Appandli to Tender fer payment when delivered to the Site, and’ @ have bean deivered to and arepmperly stored on the Site, are protectod against toss, damage or deterirallon, ard appeer (o be In accordance with the Contract. ‘The zdditional amount-to be oarlited shall bone equivalent ot eighty percent cf the Engineer's deterrination of the cost of the Plant and Materials (nelucling dalvery to Site}, teking accourt of the clocuments mentioned in this Sub-Ciause and of the ‘contract value of the Pianl and Waterals, The currencies for this ackiticnal armount shal be the sama as thase in which payment will becomo cue when the ecntract vale is Ncced under sub-paragcaph (a) of SLb- Clause 14.3 (Agotecation for inlorin Payrrent Certifcates). At thet tma, the Payment Cotticate shall include the applicable zacuetion which shall be equivalont to, and in the samme cunencies andl proportions as, his additonal amount for the rolavart Plont anki Materials. No amount wil be certifed oF paid unti tha Employer has racsived and approved the Performance Sacurty. Thereafter, the Engineer chall, within 28 days cfter roceiving a. Statement end supporting documents, suo to the Employer an Inte Payment Goriticete which shall state the amount wlict the Engineer fairly determines to be duo, with supporting particulars, However, prior to issuing tho Taking- ver Cattficale for the Works, the Enginoor shall not be bourd to issue an Inteim Payment Ceriiicaiain an amount which would (after tetention and ether deductions) be less than the minimum ammount oi Interim Payment Coriticates {f any) statod in the Apponcix to Torder. In this event, the Enginver shat! ‘glve notice to the Contractor eecoratrat OIC 1998, 43 z 8147 Payment 148 Delayed Payment 149 Payment of Retention Money 44 ‘An Interim Payment Cerliieate shall not be withhold for any other roaeon, although: (a) if any tnng suppiied or work done by the Contractor is not in avcordance with the Contract, tito coal of rectifeation or replacoment may be withheld unlit rectfication or reptacerient has been completed; and/or (bi if tha Contracicr was or is failing to perform any wor or obligation in accordance with the Contract, ard had been so noiifed by the Engineer, the vvaluo of this work or obtigation may ba withheld until the work or obligation has bbeen petformect The Engineer may in any Payment Cerificate rata any corecion oF raclifgation that should propery be macio to any previous Payrrent Cerlilicate. A Payment Certificate shall not ba daemed to incizate the Engineer's acceptance, approval, consent or eatsfaction, The Employer shall pay to the Contractor: (2) the first instalment of the advanoé payment within 42 days afer issuing the Lotter of Acceptance or within 21 daye after mosivng tho documents in ssocordanga with Sub-Ciause 4,2 [Performance Securty] and Sub-Crause 142 (Advance Paymentl, whichever is later, 1b) tho amount certified in each interim Payment Gertficate within 56 days afler the Engheer recolves tne Statement ane supporting docurnents, arc fe) the amount certied in the Final Payment Cerificate within 58 days afer the Employer recsives this Payment Cattiicelo Payment of the amount due in each eurrenay shall be made info tho bank account, nominated by the Contractor, In the payment country (for this cunency) specilied in he Contract. If the Contector dove nol receive payment in secordance with Sub-Clause 14.7 (Payment), the Gontsector shell be entitled to receive tnancing charges compounded monthly on the amount unpaid during the period cf delay. This period shall be deomedt fo commence on the date for payment specified in Sub-Cuuse 14.7 [Payment), itespectve fh the case of its sub-paragraph fb) of the dete on which any Interim Payment Carificata is issued. Uriess otherwise stated in tho Particular Condifions, these financing charges shall be calculated at the annual rote of three percentage points above the ciscourt rae of the central bank in the country of the oumency of payment, and shal be pain such currency, ‘The Contractor shall be enttiled fo this paymer without formal notice er certiication, and without prejudice to any other right ar romady. ‘When the Taking-Over Cortiicata tas been issued for the Werks, tha fest half of tho Retention Money shall be certiied by the Engineer for payment to the Contractor, fa ‘Takirg-Over Cetifcate is issued for a Section or part of the Works, a propaticn af the Reteation Money shall be cerified and paid. This propastion shall be two-fiths (40%) ot the proportion caculated by dviding tho estimeted contact value of the Section cr part, by the estimated final Contiact Price. Promptly aiter the latest of the expiry dates of the Dafects Notiication Periods, tha ‘cutstancing balance of the Retention Money shall be certfied by the Enginesr for Payment to the Contractor, f a Teking-Over Cerificate was issued for a Section, a rnc si00 Comions of Cute 1a Caneetion14,10 Statement at Completion 1491 Application for Final Payment Contificate wate - Discharge (caren Contin Proportion of the second half of the Retention Money shall be certfied and paid ‘fompily after the expiry dale of the Dofocts Notification Period for the Section. Ths proportion eholl be two-fifths 40%) of the proportion celovlaled by dicing, tho asimeted contract valuo of the Section by tha estimated final Contract Price. Howevar, il any work reniains t© be sxaculed under Clause 11 Detects Liabity), the Engineer shall be entitled to withhold ccrfication of the astimated cost of this work Until it nas bean executed ‘When calculating thase proportions, no account chall be takon of any adjustinents under Gub-Clause 13.7 [Adjusiments ior Changes in Legistalion) end Sub- Clause 13.8 [Adjustments for Chanoes in Cost) Within 84 days ater iecclving the Takhg-Ovor Cortifcate for tho Worke, the Contractor shel eubmit to the Enginesr six copies of a Slaleinent al compiattan wath supporting doguments, in accordance with Sub-Ciause 14.3 Application for interim Payment Conificates|, showing: (@) the value of al work dione in accorciance wilh the Contract up to the date elated in the Taking-Over Certiicate lor the Works, () any further sums which the Contractor considers to bs due, andl 49) anastimate of any other amounts which tho Contractor conaleers will bocome due to him under the Contract. Estimated amounts shal be shown sepatatoly in this Statement at completon. ‘The Engineer shal then certiy in accordance wth Sub-Clause 14.6 lissua of interim Payment Certificates] Within 56 days after rocaiving tho Porionmance Certificate, the Contractor shall submil, 10 the Engineer, $x copies of a drafl final statement with supporting ‘cocuments-shawhg in cetail in a form apsraved by the Enginger, {@) the value of al work done in accortane with the Contrect, and (©) any turthor sume which tho Contractor considera to be deo tim under tho Gontraet or otherwise, Ifthe Enginesr cisagrees with or cannat verily any pait of the draft fal statement, the Contractor shall submit such further information as the Engineer may reasonably require and shall rrako such changes in the drat as may be agreed between them. The Contractor shall hen p:epare and submit to theEngineer the final ssaiemientas agreed. Tris agreed statement is refer to in these Conailions as the "Fina! Statomont However if, folowing ciseussions between he Engineer and tha Contractor and any changes 10 the chatt final statement which are agroed, it booomes evidont that a clgpuie exists, the Engneer shell delver to the Employer faith a copy to the Contractor) an interim Payment Cortitzete for the agreod parta of the craft final statement, Thereatter, # the dispute is finally resolved under Sub-Clause 20.4 [Ob!aning Disoute Aciudication Boaro's Decision] or Sub-Ceuse 205 [amicable ‘SShfement), the Contractor shall then prepare and aubmi: to tha Employer with a copy 10 the Enighieal) a Final Statoment Whon submitting the Finel Statement, the Contactor shall submit a written dischargo. which confirms that the total of the Final Statomont raproconts full anc! final settlement @reic 19D 45 ag on44.18-— tscue of Final Payniont Cortiticate 1444 - Coseation of Employer's Uabinty 1915 Currencies of Paymont 46 af all moreys dive to the Gontractar under or int connaction with the Contract. This, discharge may state that it becomes offoctive when tho Contreator has received the Performance Senusity and the outstancing belartca of this total, in which event the discharge shall be oflective on such cate, Within 28 daye attor receiving tho Final Statemont end wiitton dischorgo in accordance with Sud-Clzuse 14.11 (Application for Final Payment Certficata| and Sub-Clause 14.12 [Disenarga, (na Engineer stall fasts, to tha Employer, the Final Payrnent Certiicate which shell siate: (@) the amount whieh ta finaly duo, and ~ (0) alter gwing creait to the Employer for all amounts previously pald by the Employer snd for all sums fo which the Empioyer is entilled, the balance any) due ftom the Employer to the Contractor or from the Contractor to the Employer, as the case may be. It the Contractor has. not applied for a Final Payment Certficale in accordance wah, ‘Sub-Clause 14.11 [Application for Final Paymant Certiicata) and Sub-Clause 14.12 [Discharge], the Engineer shall request the Contracter to do 20. IF the Conireator falls lo submit an application within a period of 28 days, the Engineer shall issue the Final Payment Certiicate for such ameunt as he faily letermings to be dus. ‘The Fmoloyer shall not be liable to the Contractor for any matter or thing under or in connection wih the Contract or execution ol the Works, axceot to tho oxtent that the Contractor shall have included an amount expressly for it (@) inthe Final Statement ard also 0) (@xcopt for matters o° things arising ator the iscuo of tho Taking-Over Costitcato forthe Works) in the Statement at completion desorbed in Sub-Clause 14.10 [Statemant at Compilation) ‘However, this Sub-Clause shall net Jimit.the. Employer's lability undar his indenmn- ification obligations, or tho Employer's labilly in any casa of ftsud, doliborate default or reckless misconduct by the Employer. ‘The Contract Prioe shall bo paid in the currency or currencies named in the Appendix te Tandor, Unioce otherwise stated in the Particular Conditions, # more than one cumency is 60 named, payments stall he mace as follows: (@)__ ifthe Acepted Contract Amount was expressed in Losel Currency only. @ thoproportions or amounts of the Local and Foreign Curancias, and the fied rates of exchange to be used for clculting the payments, shal be as sialad in the Appandik to Tencer, excent ss othorwise areca by both Patlics; @ payments and deductions under Sub-Clause 18.5 [Provisional Surns] and Sub-Clause 18.7 [Adjustments for Changes in Legistation| shall be made in the aoplieabte curroncies and proporions; and other payments and deductions under sub-paragraphs () 10 (@) of Sub Clause 14.3 [Agpication for inferin Payment Certficates| shall be made in the currencias and proportons specified in sub-paragraph (ay) shove; (6) payment of tho damages specified in tha Appondix to Tordor shall be made in ‘the currercias and proportions speciid in the Appendix to Tender: eric 1603 Canton of Samtecfar Cenarion6) other payments to the Employor by tho Contractor shal bo made in the currency in which the sum was expender by the Employer, or in sich curenay a8 may bo agreed by both Parties, @ if ary amount payable by the Contractor to the Empbyéer in & paricular Gurreney exceeds the sum payebls by the Employer to thie Contractor in that ‘curreney, the Empleyer may recover the balance of this amount from the sums otherwise peyable to the Contractor in other currencies; and (©) no rates of exchange are stated in the Appenelx to Tends, thay shall be thosa ‘prevaling on the Baco Dsto end dtermined by tho central bank of the Coury. nei rei riatipn by Employer 184 Notice to Correct 20 Termination by Employer Genoa Cetiors ithe Contractor fails to cany out any obligaion under tha Contraet, the Engineer may by nolioo require the Contractor to make good the failure and to remedy It within a ‘speotied reasonable timo, ‘The Employer shall be entitled to lerminate the Contract if the Contractor: (@) falls to comply win Sub-Clause 4.2 [Performance Security| or with a notice nda’ Sub-Chuse 15.1 [Notice to Carect], (b) abandons tho Works or etherwise planly demonstrates tha imention not to Continue performénco of his obligations unear the Cantract, © without reasonable excuse fale: @ 10 proceed with the Works in accordance wilh Clause 8 (Commencement, Delays and Suspension}, or © to comply with @ notice issued under Sub-Crause 7.5 [Rejection] or Sub- Clause 7.5 [Remectial Work), within 28 days after recoNving it, (©) subcontracts the whole of the Works or assigns the Contract without the required agreement, (@bocomes bankrupt oF insolvent, goes into fiquidation, has a receiving or administration erder made against him, exmpounde with his creditors, or caries on businass under a regeiver rustee or mango’ for the benefit of tis creditors, or if any act is dono or event occurs which {under applicable Lawe) has a sini effect fo any of these acis or events, er (_gvesor offers togive (directly or indirealls) to any person any bribe, git. graluity, ‘commission or other thing of valus, as an inducenent or reward: (for doing or forbesring to do any action in rotatien to the Contract, or for showing oF forbearing to show fewour or disfavour to any porsen th relation to the Contract, Fi any of the Contvactor’s Personnel, agents or Subcentactors gives or alters. to civo (directly or indirectly) fo ary person any such inducement or reward as ia described in this sub-peragraph (9, However, famlul Incucerents anc rewards to Contractor's Personnel shall not eniite terrination, fn axyy of these events o” clraumstances, the Employer may, upon giving 14 days! notice to the Contactor, terminate the Conect and expe! tha Contracter irom the Sto, Hawover, in the case of sub-paragraph je) or f), tie Employer may by notice terminate the Contract iminediateyy. BANC 1839 a715.3 Valuation at Date of 15.4 Payment after Termination 15.5 Employer's Entitlement to Termination 48 ‘The Employer's electtan to tarmbaie the Contract shall act prejudice any other rights of the Empiover, under the Contract or otherwise. ‘The Contractor shall then leave the Sle and deliver any required Goods, all Contractor's Documents, and other dasign documents mado by or for him. to the Engineer. However, the Contractor shall uso his best efforts to comply immaciatoly with any reasonable instructions included f1 the notice (for tha assignment ot any subcontract, and (ij for the protaction of He or property or for the safety of the Warks. After termination, the Employer may complete the Works and/or arrange for any other entitias to do so, Tho Empioyer and these entiies may then use arly Goods, Contractor's Documents and ather design documents made by or on behaf af the Contractor, ‘Tho Employer shall thon give notice that the Contractor's Equpment and Temporary Works will be leased to Ine Contractor at or near the Site, Tha Contractor sill promptly arrange thoir removel, at the ris and cost of the Contractor, Howexer. if by this time the Contractor has failed to make a payenent due to the Employer, these ites may be sold by the Employer in order to recover this payment, Any balance of tha proceods eral then be paid to the Cortrcior As saon as practicable efter a notice of termination under Sub-Clouse 15.2 [fernination by Employer| has taken olfect, the Engineer shell proceed in accordanca with Sub-Clause 3.5 [Dotorminstions] to agree or determine the value of lho Works, Goods and Contiaeter's Documents, and any olher sums due to the Contractor for work executed in accordance with tho Contract. After @ notice of termination undor Sub-Clause 15, taken effect, tha Employer may: 2 {Termination by Employer) has fa} proceed in accordence with Sub-Clauso 2.5 [Employar's Clans}, ) witha further payments to the Contactor until the costs of execution, complation and remedying of any dlafects, darmages ‘or dolay in completion éf any), and ell other costs inoured by the Employer, have been established, andlor (©) recover from the Contractor any lossas and damages ineurred by tho Employer and any oxtra costs of completing tha Works, after alowing for any surn dlue to the Contractor under Sub-Clause 15.3 (Vaitietion at Date of Termination], After recovering any sush losses, damages and extra costs, the Employer shall pay any balanos to the Contractor ‘Tho Employer shell be entiled to terminate the Contract, at any time for the Employer's convenience, by giving notice of such termination 40 the Contractor. The termination shall take effect 28 days after the later of the dates on which the Contractor receives ths notice oF tho Empoyor returns tho PerfoTranco Sccuity. The Emplbyer shall not terminate the Contrac: under tnis Sub-Ciause in order to exeoute the Works himset or tp arrange for the Worles to be exeoited by another contractor, After ‘his lormination, the Contractor shall proceed in accordance with Sub- Clause 18.2 (Cossaticn of Work and Removal of Contracter's Equioment] and shal bo paid in accordance with Sub-Gause 19.6 |Cptonal Termination, Paymont ard Release] DE 1060 amore of Ganka fer Corsiniwed Susfeffgion and Termination by Contractor 161 Contractor's Entitlement to Suspend Work 16.2 Termination by Contractor eresal Condvons IE the Enginear fais to ceitiy in accordance with Sub-Clause 14.6 |fssu0 of Interim Payment Certiicatos| or the Employer falls to comply with Sub-Clause 2.4 [Employer's Financit Avangemonts| or Suy-Clauss 14.7 [Payment], the Coatactor may, aller giving not fess than 21 days' notice to the Employer, suspand work (or reduce the rate of work) unless and untl the Contactor has received the Payment Cartiicata, reasonable evidence or payment, as the caso may ba and as described in the notice. ‘Tha Contractor's action shall riot prejucice tis entite ments te financing charges under Sub-Clavac 14.8 [Delayod Paymant] and to terminalion under Sub-Cleuse 13.2 [ermination by Contractor) If the Contractor subsequently receives such Payment Certiicate, evidence or payment (es described in the relevant Sub-Clause and in the above nctice) before

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