Contracts Docuements General Conditions 1.11

7/26/2019 Contracts Docuements General Conditions 1.11

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CONSTRUCTIONCONSTRUCTION

CONTRACTSCONTRACTSDOCUEMENTSDOCUEMENTS

APPLIED CIVIL ENGINEERING DEPTAPPLIED CIVIL ENGINEERING DEPT

BY

LECTURER

Maha Muhaisen


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General Conditions of contractGeneral Conditions of contract

The conditions are intended to govern andThe conditions are intended to govern and

regulate the obligation of formal contract.regulate the obligation of formal contract.

Although the headings and topics includedAlthough the headings and topics included

within different sets of GCC vary, there is awithin different sets of GCC vary, there is a

certain similarity of subject mattercertain similarity of subject matter


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Contents of GCCContents of GCC DefinitionsDefinitions

Contract documentsContract documents

Rights and responsibilities of ownerRights and responsibilities of owner

Duties and authorities of engineerDuties and authorities of engineer

Rights and responsibilities of contractorRights and responsibilities of contractor

ub!contractor, eparate contractorsub!contractor, eparate contractors

TimeTime

"ayments and completions"ayments and completions

Changes in the wor#Changes in the wor#

"rotection of persons and property"rotection of persons and property

$nsurance and bond$nsurance and bond

DisputesDisputes

Termination of contractTermination of contract

%iscellaneous provisions%iscellaneous provisions


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FIDIC , AN INTRODUCTIONFIDIC , AN INTRODUCTION

&ounded in '(')&ounded in '(')

*+panded in '(- to include national associations*+panded in '(- to include national associations

"ublished first Conditions of Contract in '(-/"ublished first Conditions of Contract in '(-/ $n 0 has 1 member associations$n 0 has 1 member associations

2ead3uarters in wit4erland2ead3uarters in wit4erland

5eb ite 6 www.fidic.org5eb ite 6 www.fidic.org


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FIDIC , AN INTRODUCTIONFIDIC , AN INTRODUCTION

"re '(-/ 7 no internationally recognised"re '(-/ 7 no internationally recognised

contract conditionscontract conditions &irst 8red boo#9 based on :; $C*&irst 8red boo#9 based on :; $C*

conditionsconditions

&$D$C has international committees to&$D$C has international committees toimprove contractsimprove contracts


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Contract Documents 1999Contract Documents 1999

Conditions of Contract for ConstructionConditions of Contract for Construction

Conditions of Contract for "lant ? DesignConditions of Contract for "lant ? Design=uild =uild

Conditions of Contract for *"C Turn#eyConditions of Contract for *"C Turn#ey

"rojects "rojects

hort &orm of Contracts hort &orm of Contracts


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Conditions of Contract forConditions of Contract for

ConstructionConstruction

5or#s designed by *mployer or *ngineer5or#s designed by *mployer or *ngineer Contractor Constructs in accordance withContractor Constructs in accordance with

designs provideddesigns provided

%ay include some design elements%ay include some design elements


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FIDIC Document UsageFIDIC Document UsageConditions of Contract for, !ant " DesignConditions of Contract for, !ant " Design

#ui!d#ui!d

*lectrical ? %echanical "lant*lectrical ? %echanical "lant %ay include building and engineering%ay include building and engineering

Design ? *+ecution of wor#sDesign ? *+ecution of wor#s

Contractor designs and constructs inContractor designs and constructs inaccordance with *mployers Re3uirementsaccordance with *mployers Re3uirements

*ngineer Administers*ngineer Administers


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FIDIC Document UsageFIDIC Document UsageS$ort Form of ContractS$ort Form of Contract

mall capital value projectsmall capital value projects

imple contentimple content Contractor constructs to *mployersContractor constructs to *mployers

designsdesigns

Bo 8"articular Conditions9Bo 8"articular Conditions9 Bo 8$mpartial9 *ngineerBo 8$mpartial9 *ngineer


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T%&ica! se'uence of rinci&a!T%&ica! se'uence of rinci&a!

E(ents during ContractsE(ents during Contracts$ssue of the

Tender

Documents

ubmission

of the

Tender

'.1 igning of

the Contract

Agreement

.'

Commencement

Date

'.' $ssue of

Ta#ing!ver

Certificate

''.( $ssue of the

"erformance

Certificate

=ase

Date

0d E0d Delay attributable

to the

Contractor0

'' Botifying

of Defects

.0 Time for

Completion'

Defects

Botification

"eriod)

E0'd

Tender

period

(.' Tests on

Completion,Remedying

of Defects

,.0 Return of

the "erformance

ecurity

,.0 $ssue of the

"erformance ecurity

$ssue of the

Tender

Documents

ubmission

of the

Tender

'.1 igning of

the Contract

Agreement

.'

Commencement

Date

'.' $ssue of

Ta#ing!ver

Certificate

''.( $ssue of the

"erformance

Certificate

=ase

Date

0d E0d Delay attributable

to the

Contractor0

'' Botifying

of Defects

.0 Time for

Completion'

Defects

Botification

"eriod)

E0'd

Tender

period

(.' Tests on

Completion,Remedying

of Defects

,.0 Return of

the "erformance

ecurity

,.0 $ssue of the

"erformance ecurity

t t


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%& ca se'uence o a%ment (ents%& ca se'uence o a%men (en sen(isaged in C!ause 1)*contract &riceen(isaged in C!ause 1)*contract &rice

and &a%ment+and &a%ment+'.) Contractor

submits

tatement to the

*mployer

'.1 *mployer

gives Contractor

notice of amount

considered due

'./ *mployer

ma#es the

payment to the

Contractor

E-1d

E0d

*mployer verifies the draft final statement, Contractor

submits information

'.'' Contractor submits

draft final statement to the

*mployer

'.'' Contractor

submits &inal tatement

and the '.'0 discharge

'./ employer

ma#es payment

E0d

*ach of the

monthly

interim

payments

The final

payment


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E(ents en(isaged in C!auseE(ents en(isaged in C!ause

--"arty givesnotice of

intention torefer a disputeto a DA=

0.0 "artiesappoint the

DA=

0. A "artyrefers a dispute

to the DA=

0. A "arty ma%issue a 8notice ofdissatisfaction9

0.1 A "artyma% initiate

arbitration

"arties presentsubmissions to the DA=

Amicablesettlement

E0d Ed E0d E-1d

DA= gives

its decision

ArbitratorFs

appointed

"arty givesnotice of

intention torefer a disputeto a DA=

0.0 "artiesappoint the

DA=

0. A "artyrefers a dispute

to the DA=

0. A "arty ma%issue a 8notice ofdissatisfaction9

0.1 A "artyma% initiate

arbitration

"arties presentsubmissions to the DA=

Amicablesettlement

E0d Ed E0d E-1d

DA= gives

its decision

ArbitratorFs

appointed

DAB: the persons so named in the contract or other personsappointed under sub-clause (appointment of the dispute

adjudication board)


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&$D$C conditions of contract&$D$C conditions of contract1 .ENERA/ RO0ISIONS1 .ENERA/ RO0ISIONS

TE EM/O2ER 3 TE EM/O2ER 3

4 TE EN.INEER4 TE EN.INEER

) TE CONTRACTOR) TE CONTRACTOR

5 NOMINATED SU#CONTRACTORS5 NOMINATED SU#CONTRACTORS

6 STAFF AND /A#OUR6 STAFF AND /A#OUR

7 /ANT, MATERIA/S AND 8ORMANSI7 /ANT, MATERIA/S AND 8ORMANSI

: COMMENCEMENT, DE/A2S AND SUSENSION: COMMENCEMENT, DE/A2S AND SUSENSION

9 TESTS ON COM/ETION9 TESTS ON COM/ETION1- EM/O2ER;S TAIN. O0ER 31- EM/O2ER;S TAIN. O0ER 3

11 DEFECTS /IA#I/IT211 DEFECTS /IA#I/IT2

1 MEASUREMENT AND E0A/UATION1 MEASUREMENT AND E0A/UATION


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&$D$C conditions of contract&$D$C conditions of contract

14 0ARIATIONS AND AD


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&$D$C conditions of contract&$D$C conditions of contract1 .ENERA/ RO0ISIONS1 .ENERA/ RO0ISIONS

'.' Definitions'.' Definitions

'.0 $nterpretation'.0 $nterpretation

'.) Communications'.) Communications

'. aw and anguage'. aw and anguage

'.- "riority of Documents'.- "riority of Documents

'.1 Contract Agreement'.1 Contract Agreement

'./ Assignment'./ Assignment

'. Care and upply of Documents'. Care and upply of Documents

'.( Delayed Drawings or $nstructions'.( Delayed Drawings or $nstructions

'.' *mployers :se of Contractors Documents'.' *mployers :se of Contractors Documents'.'' Contractors :se of *mployers Documents'.'' Contractors :se of *mployers Documents

'.'0 Confidential Details'.'0 Confidential Details

'.') Compliance with aws'.') Compliance with aws

'.' Hoint and everal iability'.' Hoint and everal iability


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TE EM/O2ER 3 TE EM/O2ER 3

0.' Right of Access to the ite0.' Right of Access to the ite

0.0 "ermits, icenses or Approvals0.0 "ermits, icenses or Approvals

0.) *mployers "ersonnel0.) *mployers "ersonnel

0. *mployers &inancial Arrangements0. *mployers &inancial Arrangements0.- *mployers Claims0.- *mployers Claims

4 TE EN.INEER4 TE EN.INEER

).' *ngineers Duties and Authority).' *ngineers Duties and Authority

).0 Delegation by the *ngineer).0 Delegation by the *ngineer

).) $nstructions of the *ngineer).) $nstructions of the *ngineer

). Replacement of the *ngineer). Replacement of the *ngineer

).- Determinations).- Determinations

&$D$C conditions of contract contd&$D$C conditions of contract contd


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) TE CONTRACTOR) TE CONTRACTOR

.' Contractors General bligations.' Contractors General bligations

.0 "erformance ecurity.0 "erformance ecurity

.) Contractors Representative.) Contractors Representative

. ubcontractors. ubcontractors

.- Assignment of =enefit of ubcontract.- Assignment of =enefit of ubcontract

.1 Co!operation.1 Co!operation

./ etting ut./ etting ut

. afety "rocedures. afety "rocedures

.( Iuality Assurance.( Iuality Assurance

.' ite Data.' ite Data

.'' ufficiency of the Accepted Contract Amount.'' ufficiency of the Accepted Contract Amount

.'0 :nforeseeable "hysical Conditions.'0 :nforeseeable "hysical Conditions

.') Rights of 5ay and &acilities.') Rights of 5ay and &acilities

&$D$C conditions of contract contd&$D$C conditions of contract contd


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.' Avoidance of $nterference.' Avoidance of $nterference

.'- Access Route.'- Access Route

.'1 Transport of Goods.'1 Transport of Goods

.'/ Contractors *3uipment.'/ Contractors *3uipment

.' "rotection of the *nvironment.' "rotection of the *nvironment

.'( *lectricity, 5ater and Gas.'( *lectricity, 5ater and Gas

.0 *mployers *3uipment and &ree!$ssue %aterial.0 *mployers *3uipment and &ree!$ssue %aterial

.0' "rogress Reports.0' "rogress Reports

.00 ecurity of the ite.00 ecurity of the ite.0) Contractors perations on ite.0) Contractors perations on ite

.0 &ossils.0 &ossils


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5 NOMINATED SU#CONTRACTORS5 NOMINATED SU#CONTRACTORS

-.' Definition of 8nominated ubcontractor9-.' Definition of 8nominated ubcontractor9

-.0 bjection to Bomination-.0 bjection to Bomination

-.) "ayments to nominated ubcontractors-.) "ayments to nominated ubcontractors

-. *vidence of "ayments-. *vidence of "ayments


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6 STAFF AND /A#OUR6 STAFF AND /A#OUR

1.' *ngagement of taff and abour1.' *ngagement of taff and abour

1.0 Rates of 5ages and Conditions of abour1.0 Rates of 5ages and Conditions of abour

1.) "ersons in the ervice of *mployer1.) "ersons in the ervice of *mployer

1. abour aws1. abour aws

1.- 5or#ing 2ours1.- 5or#ing 2ours

1.1 &acilities for taff and abour1.1 &acilities for taff and abour

1./ 2ealth and afety1./ 2ealth and afety

1. Contractors uperintendence1. Contractors uperintendence

1.( Contractors "ersonnel1.( Contractors "ersonnel

1.' Records of Contractors "ersonnel and *3uipment1.' Records of Contractors "ersonnel and *3uipment

1.'' Disorderly Conduct1.'' Disorderly Conduct

1.'0 &oreign "ersonnel1.'0 &oreign "ersonnel

1.') upply of &oodstuffs1.') upply of &oodstuffs


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1.' upply of 5ater1.' upply of 5ater

1.'- %easures against $nsect and "est Buisance1.'- %easures against $nsect and "est Buisance

1.'1 Alcoholic i3uor or Drugs1.'1 Alcoholic i3uor or Drugs

1.'/ Arms and Ammunition1.'/ Arms and Ammunition

1.' &estival and Religious Customs1.' &estival and Religious Customs

1.'( &uneral Arrangements1.'( &uneral Arrangements

1.0 "rohibition of &orced or Compulsory abor1.0 "rohibition of &orced or Compulsory abor

1.0' "rohibition of 2armful Child abour1.0' "rohibition of 2armful Child abour

1.00 *mployment Records of 5or#ers1.00 *mployment Records of 5or#ers


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7 /ANT, MATERIA/S AND 8ORMANSI7 /ANT, MATERIA/S AND 8ORMANSI

/.' %anner of *+ecution/.' %anner of *+ecution

/.0 amples/.0 amples

/.) $nspection/.) $nspection

/. Testing/. Testing

/.- Rejection/.- Rejection

/.1 Remedial 5or#/.1 Remedial 5or#

/./ wnership of "lant and %aterials/./ wnership of "lant and %aterials

/. Royalties/. Royalties: COMMENCEMENT, DE/A2S AND SUSENSION: COMMENCEMENT, DE/A2S AND SUSENSION

.' Commencement of 5or#s.' Commencement of 5or#s

.0 Time for Completion.0 Time for Completion

.) "rogramme.) "rogramme

. *+tension of Time for Completion. *+tension of Time for Completion

.- Delays Caused by Authorities.- Delays Caused by Authorities

.1 Rate of "rogress.1 Rate of "rogress

./ Delay Damages./ Delay Damages


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. uspension of 5or#. uspension of 5or#

.( Conse3uences of uspension.( Conse3uences of uspension

.' "ayment for "lant and %aterials in *vent of uspension.' "ayment for "lant and %aterials in *vent of uspension.'' "rolonged uspension.'' "rolonged uspension

.'0 Resumption of 5or#.'0 Resumption of 5or#

9 TESTS ON COM/ETION9 TESTS ON COM/ETION

(.' Contractors bligations(.' Contractors bligations

(.0 Delayed Tests(.0 Delayed Tests

(.) Retesting(.) Retesting

(. &ailure to "ass Tests on Completion(. &ailure to "ass Tests on Completion

1- EM/O2ER;S TAIN. O0ER1- EM/O2ER;S TAIN. O0ER

'.' Ta#ing ver of the 5or#s and ections'.' Ta#ing ver of the 5or#s and ections'.0 Ta#ing ver of "arts of the 5or#s'.0 Ta#ing ver of "arts of the 5or#s

'.) $nterference with Tests on Completion'.) $nterference with Tests on Completion

'. urfaces Re3uiring Reinstatement'. urfaces Re3uiring Reinstatement


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11 DEFECTS /IA#I/IT211 DEFECTS /IA#I/IT2

''.' Completion of utstanding 5or# and Remedying Defects''.' Completion of utstanding 5or# and Remedying Defects

''.0 Cost of Remedying Defects''.0 Cost of Remedying Defects

''.) *+tension of Defects Botification "eriod''.) *+tension of Defects Botification "eriod

''. &ailure to Remedy Defects''. &ailure to Remedy Defects

''.- Removal of Defective 5or#''.- Removal of Defective 5or#

''.1 &urther Tests''.1 &urther Tests

''./ Right of Access''./ Right of Access

''. Contractor to earch''. Contractor to earch''.( "erformance Certificate''.( "erformance Certificate

''.' :nfulfilled bligations''.' :nfulfilled bligations

''.'' Clearance of ite''.'' Clearance of ite


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1 MEASUREMENT AND E0A/UATION 31 MEASUREMENT AND E0A/UATION 3

'0.' 5or#s to be %easured'0.' 5or#s to be %easured

'0.0 %ethod of %easurement'0.0 %ethod of %easurement

'0.) *valuation'0.) *valuation

'0. missions'0. missions

14 0ARIATIONS AND AD


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1) CONTRACT RICE AND A2MENT1) CONTRACT RICE AND A2MENT

'.' The Contract "rice'.' The Contract "rice

'.0 Advance "ayment'.0 Advance "ayment

'.) Application for $nterim "ayment Certificates'.) Application for $nterim "ayment Certificates

'. chedule of "ayments'. chedule of "ayments

'.- "lant and %aterials intended for the 5or#s'.- "lant and %aterials intended for the 5or#s

'.1 $ssue of $nterim "ayment Certificates'.1 $ssue of $nterim "ayment Certificates

'./ "ayment'./ "ayment'. Delayed "ayment'. Delayed "ayment

'.( "ayment of Retention %oney'.( "ayment of Retention %oney

'.' tatement at Completion'.' tatement at Completion

'.'' Application for &inal "ayment Certificate'.'' Application for &inal "ayment Certificate

'.'0 Discharge'.'0 Discharge

'.') $ssue of &inal "ayment Certificate'.') $ssue of &inal "ayment Certificate

'.' Cessation of *mployers iability'.' Cessation of *mployers iability

'.'- Currencies of "ayment'.'- Currencies of "ayment


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15 TERMINATION #2 EM/O2ER15 TERMINATION #2 EM/O2ER

'-.' Botice to Correct'-.' Botice to Correct

'-.0 Termination by *mployer'-.0 Termination by *mployer'-.) Jaluation at Date of Termination'-.) Jaluation at Date of Termination

'-. "ayment after Termination'-. "ayment after Termination

'-.- *mployers *ntitlement to Termination for Convenience'-.- *mployers *ntitlement to Termination for Convenience

'-.1 Corrupt or &raudulent "ractices'-.1 Corrupt or &raudulent "ractices


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16 SUSENSION AND TERMINATION #2 CONTRACTOR16 SUSENSION AND TERMINATION #2 CONTRACTOR

'1.' Contractors *ntitlement to uspend 5or#'1.' Contractors *ntitlement to uspend 5or#

'1.0 Termination by Contractor'1.0 Termination by Contractor

'1.) Cessation of 5or# and Removal of Contractors *3uipment'1.) Cessation of 5or# and Removal of Contractors *3uipment

'1. "ayment on Termination'1. "ayment on Termination

17 RIS AND RESONSI#I/IT217 RIS AND RESONSI#I/IT2

'/.' $ndemnities'/.' $ndemnities'/.0 Contractors Care of the 5or#s'/.0 Contractors Care of the 5or#s

'/.) *mployers Ris#s'/.) *mployers Ris#s

'/. Conse3uences of *mployers Ris#s'/. Conse3uences of *mployers Ris#s

'/.- $ntellectual and $ndustrial "roperty Rights'/.- $ntellectual and $ndustrial "roperty Rights

'/.1 imitation of iability'/.1 imitation of iability

'/./ :se of *mployers AccommodationF&acilities'/./ :se of *mployers AccommodationF&acilities


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1: INSURANCE1: INSURANCE

'.' General Re3uirements for $nsurances'.' General Re3uirements for $nsurances

'.0 $nsurance for 5or#s and Contractors *3uipment'.0 $nsurance for 5or#s and Contractors *3uipment'.) $nsurance against $njury to "ersons and Damage to "roperty'.) $nsurance against $njury to "ersons and Damage to "roperty

'. $nsurance for Contractors "ersonnel'. $nsurance for Contractors "ersonnel

19 FORCE MA


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- C/AIMS, DISUTES AND AR#ITRATION- C/AIMS, DISUTES AND AR#ITRATION

0.' Contractors Claims0.' Contractors Claims0.0 Appointment of the Dispute =oard0.0 Appointment of the Dispute =oard

0.) &ailure to Agree on the Composition of the Dispute =oard0.) &ailure to Agree on the Composition of the Dispute =oard

0. btaining Dispute =oards Decision0. btaining Dispute =oards Decision

0.- Amicable ettlement0.- Amicable ettlement

0.1 Arbitration0.1 Arbitration

0./ &ailure to Comply with Dispute =oards Decision0./ &ailure to Comply with Dispute =oards Decision

0. *+piry of Dispute =oards Appointment0. *+piry of Dispute =oards Appointment


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.enera! conditions.enera! conditions

The following are main items that include in theThe following are main items that include in the

general conditions for the tender ( or thegeneral conditions for the tender ( or the

construction contract.construction contract.


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DefinitionsDefinitions

Main definitions re!ated to =Main definitions re!ated to =

Contract =Contract =include contract agreement, letter of acceptance, letter ofinclude contract agreement, letter of acceptance, letter of

tender, specifications, drawings, schedules, tender, appendi+ totender, specifications, drawings, schedules, tender, appendi+ to

tender, bill of 3uantities.tender, bill of 3uantities.

&arties and &ersons&arties and &ersons66party, employer, contractor, engineer,party, employer, contractor, engineer,

contractor representative, employersK personnel, contractorscontractor representative, employersK personnel, contractors

personnel, sub! contractor, DA= , &idic.personnel, sub! contractor, DA= , &idic.

Dates , tests, &eriods and com&!etionDates , tests, &eriods and com&!etioninclude base date,include base date,

commencement date, time of completion, test on completion, ta#ingcommencement date, time of completion, test on completion, ta#ing

over certificate, defects notification period, performance certificate,over certificate, defects notification period, performance certificate,

dayday

Mone% and &a%ment=Mone% and &a%ment=accepted contract amount, contract price,accepted contract amount, contract price,

cost, final , interim payment certificate, currency, provisional sum,cost, final , interim payment certificate, currency, provisional sum,

retention money,retention money,


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DefinitionsDefinitions

The main definitions that are included in and repeated in the articles ofThe main definitions that are included in and repeated in the articles of

general conditions, are:general conditions, are: Employer :Employer :The party named in the Contract as the "FIRST !RT" whoThe party named in the Contract as the "FIRST !RT" who

will enter into contract with the Contractor for the e#ecution of the $or%swill enter into contract with the Contractor for the e#ecution of the $or%sco&ered 'y the Contract, or any other party authoried 'y the )mployer toco&ered 'y the Contract, or any other party authoried 'y the )mployer toe#ercise the powers and o'ligations of the First arty, pro&ided that thee#ercise the powers and o'ligations of the First arty, pro&ided that the

Contractor will 'e informed accordingly in writing .Contractor will 'e informed accordingly in writing . Contractor :Contractor :The person, company or *oint &enture named as SecondThe person, company or *oint &enture named as Second

arty in the Contract whose Tender has 'een accepted 'y the )mployerarty in the Contract whose Tender has 'een accepted 'y the )mployerand with whom the )mployer has entered into Contract, and includes theand with whom the )mployer has entered into Contract, and includes theContractors personal agents and his legal successorsContractors personal agents and his legal successors

Engineer:Engineer: The Consulting office, or )ngineering office or )ngineer or anyThe Consulting office, or )ngineering office or )ngineer or anyother technical 'ody appointed from time to time 'y the )mployer toother technical 'ody appointed from time to time 'y the )mployer toe#ercise in whole or in part the powers of the )ngineer in accordance withe#ercise in whole or in part the powers of the )ngineer in accordance withthe Conditions of the Contract pro&ided that the Contractor shall 'ethe Conditions of the Contract pro&ided that the Contractor shall 'eaccordingly notified in writing.accordingly notified in writing.


34/72

Definitions, ContdDefinitions, Contd )ngineers Representati&e)ngineers Representati&e+ !ny resident engineer, or cler% of wor%s appointed 'y+ !ny resident engineer, or cler% of wor%s appointed 'y

the )ngineer from time to timethe )ngineer from time to time Contract +Contract +The documents constituting these Conditions (arts I and II, theThe documents constituting these Conditions (arts I and II, the

Specification, the -rawings, the ill of /uantities, the Tender, the 0etter ofSpecification, the -rawings, the ill of /uantities, the Tender, the 0etter of!cceptance, the Contract !greement, and such further documents as may 'e!cceptance, the Contract !greement, and such further documents as may 'ee#pressly incorporated in the 0etter of !cceptance or Contract !greement (ife#pressly incorporated in the 0etter of !cceptance or Contract !greement (ifcompleted.completed.

Contract SumContract Sum+ The sum stated in the 0etter of !cceptance as paya'le to the+ The sum stated in the 0etter of !cceptance as paya'le to the

Contractor for the e#ecution and completion of the $or%s and the remedying ofContractor for the e#ecution and completion of the $or%s and the remedying ofany defects therein in accordance with the pro&isions of the Contract, su'*ect toany defects therein in accordance with the pro&isions of the Contract, su'*ect tosuch additions thereto or deductions therefore as may 'e made under thesuch additions thereto or deductions therefore as may 'e made under thepro&isions of the Contract.pro&isions of the Contract.

)1uipment)1uipment is the Contractor2s machinery and &ehicles 'rought temporarily to theis the Contractor2s machinery and &ehicles 'rought temporarily to theSite to construct the $or%s.Site to construct the $or%s.

Site +Site +The land and other places pro&ided 'y the )mployer or designated as suchThe land and other places pro&ided 'y the )mployer or designated as suchwhere the $or%s are to 'e e#ecuted, and any other places specifically designatedwhere the $or%s are to 'e e#ecuted, and any other places specifically designatedin the Contract as forming part of the Site.in the Contract as forming part of the Site.

appro&al (written appro&alappro&al (written appro&al time (calendar 3 wor%ing daystime (calendar 3 wor%ing days


35/72

Engineer>s Duties andEngineer>s Duties and AuthorityAuthority

aa The )ngineer shall carry out the duties specified in the Contract .The )ngineer shall carry out the duties specified in the Contract .

'' The )ngineer shall e#ercise the authority specified in or necessarily toThe )ngineer shall e#ercise the authority specified in or necessarily to'e implied from the Contract .'e implied from the Contract .

ro&ided, that the )ngineer shall o'tain the specific appro&al of thero&ided, that the )ngineer shall o'tain the specific appro&al of the)mployer, in compliance with the terms of his appointment, and after)mployer, in compliance with the terms of his appointment, and aftersu'mitting his recommendations to the )mployer in writing, in the followingsu'mitting his recommendations to the )mployer in writing, in the followingmatters :matters : issuing &ariation orders4issuing &ariation orders4 deciding on the e#tension of Time for Completion anddeciding on the e#tension of Time for Completion and

applying the 0i1uidated -amages Clause4applying the 0i1uidated -amages Clause4 appro&ing the appointment of Su'contractors4appro&ing the appointment of Su'contractors4 notifying the Contractor on suspension of $or%s4 and anynotifying the Contractor on suspension of $or%s4 and any

other matters as may 'e set out in art II of these conditions.other matters as may 'e set out in art II of these conditions. (c(c )#cept as e#pressly stated in the Contract, the )ngineer shall ha&e no)#cept as e#pressly stated in the Contract, the )ngineer shall ha&e no

authority to relie&e the Contractor of any of his o'ligations under theauthority to relie&e the Contractor of any of his o'ligations under theContractContract


36/72

Engineer's RepresentativeEngineer's Representative

The )ngineer5s Representati&e shall 'eThe )ngineer5s Representati&e shall 'e

appointed 'y and 'e responsi'le to the )ngineer andappointed 'y and 'e responsi'le to the )ngineer and

shall carry out such duties of watching andshall carry out such duties of watching and

super&ising the e#ecution and wor%manship of thesuper&ising the e#ecution and wor%manship of the

$or%s and to test and e#amine any materials to 'e$or%s and to test and e#amine any materials to 'e

used or wor%shop employed in connection with theused or wor%shop employed in connection with the

$or%s. 6e shall e#ercise such authority as may 'e$or%s. 6e shall e#ercise such authority as may 'edelegated to him 'y the )ngineerdelegated to him 'y the )ngineer


37/72

Engineer's Authority to DelegateEngineer's Authority to Delegate The )ngineer may from time to time delegate to the )ngineer5sThe )ngineer may from time to time delegate to the )ngineer5s

Representati&e any of the duties and authorities &ested in theRepresentati&e any of the duties and authorities &ested in the

)ngineer and he may at any time re&o%e such delegation. !ny such)ngineer and he may at any time re&o%e such delegation. !ny suchdelegation or re&ocation shall 'e in writing and shall not ta%e effectdelegation or re&ocation shall 'e in writing and shall not ta%e effectuntil a copy thereof has 'een deli&ered to the )mployer and theuntil a copy thereof has 'een deli&ered to the )mployer and theContractor .Contractor .

!ny communication gi&en 'y the )ngineer5s Representati&e to the!ny communication gi&en 'y the )ngineer5s Representati&e to the

Contractor in accordance with such delegation shall ha&e the sameContractor in accordance with such delegation shall ha&e the sameeffect as though it had 'een gi&en 'y the )ngineereffect as though it had 'een gi&en 'y the )ngineer Provided that :Provided that :

(a(a any failure of the )ngineer5s Representati&e to disappro&e anyany failure of the )ngineer5s Representati&e to disappro&e anywor%, materials or lant shall not pre*udice the authority of thewor%, materials or lant shall not pre*udice the authority of the

)ngineer to disappro&e such wor%, material or lant and to gi&e)ngineer to disappro&e such wor%, material or lant and to gi&einstructions for the rectification thereofinstructions for the rectification thereof

('(' if the Contractor 1uestions any communication of the )ngineersif the Contractor 1uestions any communication of the )ngineersRepresentati&e, he may refer the matter to the )ngineer who shallRepresentati&e, he may refer the matter to the )ngineer who shallconfirm, re&erse or &ary the contents of such communication .confirm, re&erse or &ary the contents of such communication .


38/72

Contractor;s .enera! O?!igationsContractor;s .enera! O?!igations

The Contractor shall design (to the e#tent specified in the Contract, e#ecuteThe Contractor shall design (to the e#tent specified in the Contract, e#ecuteand complete the $or%s in accordance with the Contract and with theand complete the $or%s in accordance with the Contract and with the

)ngineer2s instructions, and shall remedy any defects in the $or%s.)ngineer2s instructions, and shall remedy any defects in the $or%s. The Contractor shall pro&ide the lant and Contractor2s -ocuments specifiedThe Contractor shall pro&ide the lant and Contractor2s -ocuments specified

in the Contract, and all Contractor2s ersonnel, 7oods, consuma'les andin the Contract, and all Contractor2s ersonnel, 7oods, consuma'les andother things and ser&ices, whether of a temporary or permanent nature,other things and ser&ices, whether of a temporary or permanent nature,re1uired in and for this design, e#ecution, completion and remedying ofre1uired in and for this design, e#ecution, completion and remedying of

defects.defects. The Contractor shall 'e responsi'le for the ade1uacy, sta'ility and safety of allThe Contractor shall 'e responsi'le for the ade1uacy, sta'ility and safety of allSite operations and of all methods of construction. )#cept to the e#tentSite operations and of all methods of construction. )#cept to the e#tentspecified in the Contract, the Contractor :specified in the Contract, the Contractor : shall 'e responsi'le for all Contractor2s -ocuments, Temporaryshall 'e responsi'le for all Contractor2s -ocuments, Temporary

$or%s, and such design of each item of lant and 8aterials as$or%s, and such design of each item of lant and 8aterials asis re1uired for the item to 'e in accordance with the Contract,is re1uired for the item to 'e in accordance with the Contract,andand

shall not otherwise 'e responsi'le for the design or specificationshall not otherwise 'e responsi'le for the design or specificationof the ermanent $or%s.of the ermanent $or%s.


39/72

Contractor;s .enera! O?!igations,Contractor;s .enera! O?!igations,

The Contractor shall, whene&er re1uired 'y the )ngineer, su'mitThe Contractor shall, whene&er re1uired 'y the )ngineer, su'mit

details of the arrangements and methods which the Contractordetails of the arrangements and methods which the Contractorproposes to adopt for the e#ecution of the $or%s. 9o significantproposes to adopt for the e#ecution of the $or%s. 9o significantalteration to these arrangements and methods shall 'e madealteration to these arrangements and methods shall 'e madewithout this ha&ing pre&iously 'een notified to the )ngineer.without this ha&ing pre&iously 'een notified to the )ngineer.

If the Contract specifies that the Contractor shall design any part ofIf the Contract specifies that the Contractor shall design any part ofthe ermanent $or%s, then unless otherwise stated in thethe ermanent $or%s, then unless otherwise stated in thearticular Conditions:articular Conditions:

!.!. the Contractor shall su'mit to the )ngineer the Contractor2sthe Contractor shall su'mit to the )ngineer the Contractor2s-ocuments for this part in accordance with the procedures-ocuments for this part in accordance with the proceduresspecified in the Contract4specified in the Contract4

.. these Contractor2s -ocuments shall 'e in accordance withthese Contractor2s -ocuments shall 'e in accordance withthe Specification and -rawings, shall 'e written in thethe Specification and -rawings, shall 'e written in thelanguage for communicationslanguage for communications


40/72

ASSI.NMENT AND SU#CONTRACTIN.ASSI.NMENT ANDASSI.NMENT AND SU#CONTRACTIN.ASSI.NMENT AND

SU#CONTRACTIN.SU#CONTRACTIN. Assignment of ContractAssignment of Contract

The Contractor shall not, without the prior consent of the *mployer, assignThe Contractor shall not, without the prior consent of the *mployer, assignthe Contract or any part thereof, or benefit or interest therein orthe Contract or any part thereof, or benefit or interest therein or

thereunder, otherwise than by 6thereunder, otherwise than by 6 a charge in favor of the ContractorKs ban#ers of any moneys due ora charge in favor of the ContractorKs ban#ers of any moneys due or

to become due under the Contract, orto become due under the Contract, or assignment to the ContractorKs insurers of the ContractorKs right toassignment to the ContractorKs insurers of the ContractorKs right to

obtain relief against any other party liable.obtain relief against any other party liable. Su?contractingSu?contracting

The Contractor shall not subcontract the whole of the 5or#s. *+ceptThe Contractor shall not subcontract the whole of the 5or#s. *+ceptwhere otherwise provided by the Contract, the Contractor shall notwhere otherwise provided by the Contract, the Contractor shall notsubcontract any part of the 5or#s without the prior consent of thesubcontract any part of the 5or#s without the prior consent of the*ngineer. Any such consent shall not relieve the Contractor from any*ngineer. Any such consent shall not relieve the Contractor from anyliability or obligation under the Contract and he shall be responsible forliability or obligation under the Contract and he shall be responsible forthe acts, defaults and neglects of any ubcontractor, his agents,the acts, defaults and neglects of any ubcontractor, his agents,

servants or wor#men as fully as if they were the acts, defaults orservants or wor#men as fully as if they were the acts, defaults orneglects of the Contractor, his agents, servants or wor#men.neglects of the Contractor, his agents, servants or wor#men. ro(ided t$atro(ided t$atthe Contractor shall not be re3uired to obtain suchthe Contractor shall not be re3uired to obtain such

consent for 6consent for 6 the provision of labor, orthe provision of labor, or the subcontracting of any part of the 5or#s for which thethe subcontracting of any part of the 5or#s for which the

ubcontractor is named in the Contract.ubcontractor is named in the Contract.


41/72

Assignment of Su?contractor>s O?!igationsAssignment of Su?contractor>s O?!igations

In t$e e(ent of a Su?contractor $a(ing underta@enIn t$e e(ent of a Su?contractor $a(ing underta@entoards t$e Contractor in res&ect of t$e or@toards t$e Contractor in res&ect of t$e or@eBecuted, or t$e goods, materia!s, !ant or ser(iceseBecuted, or t$e goods, materia!s, !ant or ser(icessu&&!ied ?% suc$ Su?contractor, an% continuingsu&&!ied ?% suc$ Su?contractor, an% continuingo?!igation eBtending for a &eriod eBceeding t$at ofo?!igation eBtending for a &eriod eBceeding t$at of

t$e Defects /ia?i!it% eriod under t$e Contract, t$et$e Defects /ia?i!it% eriod under t$e Contract, t$eContractor s$a!! at an% time, after t$e eB&iration ofContractor s$a!! at an% time, after t$e eB&iration ofsuc$ eriod, assign to t$e Em&!o%er, at t$esuc$ eriod, assign to t$e Em&!o%er, at t$eEm&!o%er>s re'uest and cost, t$e ?enefit of suc$Em&!o%er>s re'uest and cost, t$e ?enefit of suc$o?!igation for t$e uneB&ired duration t$ereof3o?!igation for t$e uneB&ired duration t$ereof3


42/72

Language and LaLanguage and La

!ra'ic language shall 'e the ruling language of the!ra'ic language shall 'e the ruling language of the

Contract -ocuments unless stated otherwise inContract -ocuments unless stated otherwise in

these conditions, and conse1uently allthese conditions, and conse1uently all

correspondence, payment statements, and ta%e+correspondence, payment statements, and ta%e+o&er certificates shall 'e drawn in this language.o&er certificates shall 'e drawn in this language.


43/72

Priority of Contract DocumentsPriority of Contract Documents

The se&eral documents forming the Contract are to 'e ta%en asThe se&eral documents forming the Contract are to 'e ta%en as

mutually e#planatory of one another, 'ut in case of am'iguities ormutually e#planatory of one another, 'ut in case of am'iguities ordiscrepancies the same shall 'e e#plained and ad*usted 'y thediscrepancies the same shall 'e e#plained and ad*usted 'y the)ngineer who shall thereupon issue to the Contractor instructions)ngineer who shall thereupon issue to the Contractor instructionsthereon and in such e&ent, unless otherwise pro&ided in the Contract,thereon and in such e&ent, unless otherwise pro&ided in the Contract,the priority of the documents forming the Contract shall 'e as follows:the priority of the documents forming the Contract shall 'e as follows:

(( The Contract !greement (if completed4The Contract !greement (if completed4(;(; The 0etter of !cceptance4The 0etter of !cceptance4

( art I of these Conditions4 andart I of these Conditions4 and

(?(? !ny other document forming part of the Contract.!ny other document forming part of the Contract.


44/72

erformance Securit%erformance Securit%

The Contractor, upon recei&ing the 0etter of !cceptance,The Contractor, upon recei&ing the 0etter of !cceptance,

shall o'tain and pro&ide to the )mployer 'efore signing theshall o'tain and pro&ide to the )mployer 'efore signing the

Contract, the erformance 7uarantee in the &alue of tenContract, the erformance 7uarantee in the &alue of ten

percent of the Contract Sum, as a guarantee of the properpercent of the Contract Sum, as a guarantee of the propere#ecution of the $or%s in accordance with the Contract.e#ecution of the $or%s in accordance with the Contract.

This guarantee shall 'e issued 'y a licensed 'an% orThis guarantee shall 'e issued 'y a licensed 'an% or

financial institution accepta'le to the )mployer. Thefinancial institution accepta'le to the )mployer. The

guarantee shall 'e prepared in the form included in part guarantee shall 'e prepared in the form included in part of these conditions. The o'taining of such guarantee shallof these conditions. The o'taining of such guarantee shall

in all respects 'e at the e#pense of the Contractor.in all respects 'e at the e#pense of the Contractor.

Ins&ection of SiteIns

&ection of Site


45/72

Ins&ection of SiteIns&ection of Site

The )mployer shall ha&e made a&aila'le to the Contractor, 'efore the su'missionThe )mployer shall ha&e made a&aila'le to the Contractor, 'efore the su'mission'y the Contractor of the Tender, such data on hydrological and su' + surface'y the Contractor of the Tender, such data on hydrological and su' + surfaceconditions as ha&e 'een o'tained 'y or on 'ehalf of the )mployer fromconditions as ha&e 'een o'tained 'y or on 'ehalf of the )mployer from

in&estigations underta%en rele&ant to the $or%s 'ut the Contractor shall 'ein&estigations underta%en rele&ant to the $or%s 'ut the Contractor shall 'eresponsi'le for his own interpretation thereof.responsi'le for his own interpretation thereof.

The Contractor shall 'e deemed to ha&e inspected and e#amined the Site and itsThe Contractor shall 'e deemed to ha&e inspected and e#amined the Site and itssurroundings and information a&aila'le in connection therewith and to ha&esurroundings and information a&aila'le in connection therewith and to ha&esatisfied himself (so far as time is practica'le, 'efore su'mitting his Tender, as to :satisfied himself (so far as time is practica'le, 'efore su'mitting his Tender, as to :

(a(a the form and nature thereof, including the su' + surface conditions,the form and nature thereof, including the su' + surface conditions,('(' the hydrological and climate conditions,the hydrological and climate conditions,

(c(cthe e#tent and nature of wor% and materials necessary for the e#ecution andthe e#tent and nature of wor% and materials necessary for the e#ecution andcompletion of the $or%s and the remedying of any defects therein, andcompletion of the $or%s and the remedying of any defects therein, and

(d(d the means of access to the Site and the accommodation he may re1uire and,the means of access to the Site and the accommodation he may re1uire and,in general, shall 'e deemed to ha&e o'tained all necessary information, su'*ectin general, shall 'e deemed to ha&e o'tained all necessary information, su'*ectas a'o&e mentioned, as to ris%s, contingencies and all other circumstancesas a'o&e mentioned, as to ris%s, contingencies and all other circumstanceswhich may influence or affect his Tender.which may influence or affect his Tender.

The Contractor shall 'e deemed to ha&e 'ased on his Tender, the data madeThe Contractor shall 'e deemed to ha&e 'ased on his Tender, the data madea&aila'le 'y the )mployer and on his own inspection and e#amination, all asa&aila'le 'y the )mployer and on his own inspection and e#amination, all asaforementioned.aforementioned.


46/72

Sufficienc% of TenderSufficienc% of Tender

The Contractor shall 'e deemed to ha&e satisfied himself as to theThe Contractor shall 'e deemed to ha&e satisfied himself as to thecorrectness and sufficiency of the Tender and of the rates andcorrectness and sufficiency of the Tender and of the rates andprices stated in the ill of /uantities, all of which shall4 e#ceptprices stated in the ill of /uantities, all of which shall4 e#ceptinsofar as it is otherwise pro&ided in the Contract, co&er all hisinsofar as it is otherwise pro&ided in the Contract, co&er all hiso'ligations under the Contract (including those in respect of theo'ligations under the Contract (including those in respect of the

supply of goods, materials, lant or ser&ices or of contingenciessupply of goods, materials, lant or ser&ices or of contingenciesfor which there is a ro&isional Sum and all matters and thingsfor which there is a ro&isional Sum and all matters and thingsnecessary for the proper e#ecution and completion of the $or%snecessary for the proper e#ecution and completion of the $or%sand the remedying of any defects therein.and the remedying of any defects therein.


47/72

RO.RAMME TO #E SU#MITTEDRO.RAMME TO #E SU#MITTED

$ithin a specified time (in days, after the date of$ithin a specified time (in days, after the date of

the 0etter @f !cceptance, the contractor shall su'mitthe 0etter @f !cceptance, the contractor shall su'mit

a programme to the engineer for his consent in sucha programme to the engineer for his consent in such

a way and detail as the engineer shall reasona'lea way and detail as the engineer shall reasona'le

prescri'e for the e#ecution of the wor%s. It is alsoprescri'e for the e#ecution of the wor%s. It is alsore1uired that whene&er the engineer re1uires, there1uired that whene&er the engineer re1uires, the

contractor shall pro&ide in writing, for his information,contractor shall pro&ide in writing, for his information,

a general description of the arrangement anda general description of the arrangement andmethods which the contractor proposes to adopt formethods which the contractor proposes to adopt for

thethe e#ecution of the wor%s.e#ecution of the wor%s.


48/72

RE0ISED RO.RAMMERE0ISED RO.RAMME

If it appears to the engineer, at any time, that theIf it appears to the engineer, at any time, that the

actual progress of the wor%s does not conform toactual progress of the wor%s does not conform to

the progamme to which consent, is gi&en4 thethe progamme to which consent, is gi&en4 the

contractor at the re1uest of the engineer, is re1uiredcontractor at the re1uest of the engineer, is re1uiredto produce a re&ised programme necessary toto produce a re&ised programme necessary to

ensure completion of the wor%s within the Time forensure completion of the wor%s within the Time for

Completion.Completion.


49/72

CASF/O8 ESTIMATECASF/O8 ESTIMATE

The contractor shall within time stated in art IIThe contractor shall within time stated in art IIpro&ide a detailed cash flow estimate, in 1uarterlypro&ide a detailed cash flow estimate, in 1uarterlyperiod, for all payments to which the contractor willperiod, for all payments to which the contractor will'e entitled under the contract (to the engineer and'e entitled under the contract (to the engineer and

the contractor shall su'se1uently supply re&isedthe contractor shall su'se1uently supply re&isedcash flow estimates at 1uarterlycash flow estimates at 1uarterly inter&als, ifinter&als, ifre1uired to do so 'y the engineer.re1uired to do so 'y the engineer.

Such cash flow statements do not relie&e theSuch cash flow statements do not relie&e thecontractor of any of this duties or responsi'ilitiescontractor of any of this duties or responsi'ilitiesunder the contract.under the contract.

C!"#RAC#!R$ $%PER&"#E"DE"CEC!"#RAC#!R$ $%PER&"#E"DE"CE


50/72

C!"#RAC#!R$ $%PER&"#E"DE"CEC!"#RAC#!R$ $%PER&"#E"DE"CE The contractor is needed to pro&ide all necessary superintendence during theThe contractor is needed to pro&ide all necessary superintendence during the

e#ecution of the wor% and thereafter, as long as the engineer consider it necessarye#ecution of the wor% and thereafter, as long as the engineer consider it necessaryfor proper fulfillment of the contractor2s o'ligations under the contract.for proper fulfillment of the contractor2s o'ligations under the contract.

If the appro&al of Contractor2s representati&e is withdrawn 'y the )ngineerIf the appro&al of Contractor2s representati&e is withdrawn 'y the )ngineerthen Contractor shall replace him 'y any other representati&e appro&ed 'y thethen Contractor shall replace him 'y any other representati&e appro&ed 'y the)ngineer.)ngineer.

C!"#RAC#!R$ EPL!(EE$C!"#RAC#!R$ EPL!(EE$ The contractor shall pro&ide on the site only s%illed and e#perienced technicalThe contractor shall pro&ide on the site only s%illed and e#perienced technical

assistants and foremen to pro&ideassistants and foremen to pro&ide proper superintendence to s%illed,proper superintendence to s%illed,

semis%illed and uns%illed la'our as is necessary.semis%illed and uns%illed la'our as is necessary.E")&"EER A# L&*ER#( #! !*+EC#E")&"EER A# L&*ER#( #! !*+EC# The Client2s engineer ha&ing o'*ection on the contractor2s wor%er when theyThe Client2s engineer ha&ing o'*ection on the contractor2s wor%er when they

misconduct themsel&es, or are incompetent ormisconduct themsel&es, or are incompetent or negligent in the propernegligent in the properperformance of his duties. Such wor%ers should 'e replaced as soon as possi'le.performance of his duties. Such wor%ers should 'e replaced as soon as possi'le.

$E##&") !%#$E##&") !%# The contractor has to loo% after a'out the accurate setting out of the wor%sThe contractor has to loo% after a'out the accurate setting out of the wor%s

and the pro&ision of all necessary instruments, appliances and la'our in connectionand the pro&ision of all necessary instruments, appliances and la'our in connectionwith the foregoing responsi'ilities.with the foregoing responsi'ilities.

The contractor shall rectify any error if caused regarding setting out unless itThe contractor shall rectify any error if caused regarding setting out unless itwas caused due to incorrect data pro&ided 'y )ngineer in writing.was caused due to incorrect data pro&ided 'y )ngineer in writing.


51/72

INSURANCEINSURANCE

The Contractor shall insure the followingThe Contractor shall insure the following The full replacement cost for the plant and materials toThe full replacement cost for the plant and materials to

'e incorporated in the wor%s'e incorporated in the wor%s plus - percentplus - percentof the fullof the full

replacement costreplacement cost

in addition to 'e insured for the additional costs li%ein addition to 'e insured for the additional costs li%e

rectification of loss or damage, rofessional fees,rectification of loss or damage, rofessional fees,

-emolishing cost and remo&ing the de'ris from the-emolishing cost and remo&ing the de'ris from the

wor%.wor%. The Contractor2s )1uipment and other things 'roughtThe Contractor2s )1uipment and other things 'rought

to the site for a sum sufficient for its replacement.to the site for a sum sufficient for its replacement.


52/72

$C!PE !. C!/ER$C!PE !. C!/ER For the cases mentioned the insurance will 'e in the *oint names of theFor the cases mentioned the insurance will 'e in the *oint names of the

contractor and the employer, and shall co&ercontractor and the employer, and shall co&er

(a(a the employer and the contractor against all loss or damagethe employer and the contractor against all loss or damageother than force 8a*eure causesother than force 8a*eure causes stated 'elow from start of wor%stated 'elow from start of wor%till ta%e o&er 'y )mployer.till ta%e o&er 'y )mployer.

('(' the contractor during -efects 0ia'ility eriod for loss orthe contractor during -efects 0ia'ility eriod for loss ordamage caused prior todamage caused prior to 'eginning of -efects 0ia'ility eriod.'eginning of -efects 0ia'ility eriod.

E0CL%$&!"$E0CL%$&!"$ There shall 'e no o'ligation of insurance to co&er force 8e*ure issues suchThere shall 'e no o'ligation of insurance to co&er force 8e*ure issues such

asas

$ar, 6ostilities, In&asion, !ct of Foreign enemies.$ar, 6ostilities, In&asion, !ct of Foreign enemies.

Re'ellion, Re&olution, Insurrection, 8ilitary or usurped power orRe'ellion, Re&olution, Insurrection, 8ilitary or usurped power orci&il war.ci&il war. ioniing radiation, Contamination 'y radioacti&ityioniing radiation, Contamination 'y radioacti&ity ressure wa&es from aircraft or other aerial de&icesressure wa&es from aircraft or other aerial de&ices

DAA)E #! PER$!"$ A"D PR!PER#(DAA)E #! PER$!"$ A"D PR!PER#(


53/72

DAA)E #! PER$!"$ A"D PR!PER#(DAA)E #! PER$!"$ A"D PR!PER#( The Contractor indemnifies and holds harmless, the )mployer on following issues.The Contractor indemnifies and holds harmless, the )mployer on following issues.

aa -eath of or In*ury to any person or-eath of or In*ury to any person or

0oss of or damage to any property other than $or%s which may arise out of e#ecution0oss of or damage to any property other than $or%s which may arise out of e#ecution

and completion of the wor%s, su'*ect to following e#ceptionsand completion of the wor%s, su'*ect to following e#ceptionsE0CEP#&!"$E0CEP#&!"$ The e#ceptions referred a'o&e areThe e#ceptions referred a'o&e are

aa The permanent use or occupation of land 'y the wor%s.The permanent use or occupation of land 'y the wor%s.

'' The right of employer to e#ecute the wor%s o&er under or through the land.The right of employer to e#ecute the wor%s o&er under or through the land.

cc -amage to the property during the e#ecution of the wor% if the damage is-amage to the property during the e#ecution of the wor% if the damage is

una&oida'le in the process of e#ecution and remedying the defects as per theuna&oida'le in the process of e#ecution and remedying the defects as per theContract.Contract.

dd -amage to property and persons who are either in*ured or dead 'ecause of any act-amage to property and persons who are either in*ured or dead 'ecause of any actor neglect of the )mployer, his agents, other Contractors who are not directlyor neglect of the )mployer, his agents, other Contractors who are not directlyemployed 'y the contractor.employed 'y the contractor.

The )mployer shall indemnify the Contractor against all claims arising out of e#ceptionsThe )mployer shall indemnify the Contractor against all claims arising out of e#ceptions

pro&ided in the contract.pro&ided in the contract.#1&RD PAR#( &"$%RA"CE#1&RD PAR#( &"$%RA"CE The Contractor shall insure in the *oint names of the )mployer and himself,The Contractor shall insure in the *oint names of the )mployer and himself,

without limiting his or )mployer o'ligations and responsi'ilities, against in*ury orwithout limiting his or )mployer o'ligations and responsi'ilities, against in*ury ordeath to any person, loss or damages to the property arising out of the performancedeath to any person, loss or damages to the property arising out of the performanceof contract. This insurance is not to co&er the e#ceptions a'o&eof contract. This insurance is not to co&er the e#ceptions a'o&e


54/72

#1&RD PAR#( &"$%RA"CE#1&RD PAR#( &"$%RA"CE

The Contractor shall insure in the *oint names ofThe Contractor shall insure in the *oint names of

the )mployer and himself, without limiting his orthe )mployer and himself, without limiting his or)mployer o'ligations and responsi'ilities, against)mployer o'ligations and responsi'ilities, against

in*ury or death to any person, loss or damages toin*ury or death to any person, loss or damages to

the property arising out of the performance ofthe property arising out of the performance ofcontract.contract. &"&% A!%"# !. &"$%RA"CE&"&% A!%"# !. &"$%RA"CE

The insurance made shall 'e for at least theThe insurance made shall 'e for at least the

amount specified in the appendi# of the Tender.amount specified in the appendi# of the Tender.

SUSENSIONSUSENSION


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SUSENSIONSUSENSION

The Contractor shall, on the instructions of the )ngineer, suspend theThe Contractor shall, on the instructions of the )ngineer, suspend theprogress of the $or%s or any part thereof for such time and in suchprogress of the $or%s or any part thereof for such time and in suchmanner as the )ngineer may consider necessary and shall, during suchmanner as the )ngineer may consider necessary and shall, during such

suspension, properly protect and secure the $or%s or such part thereofsuspension, properly protect and secure the $or%s or such part thereofso far as is necessary in opinion of the )ngineer. Anless suchso far as is necessary in opinion of the )ngineer. Anless suchsuspension is :suspension is :

aa otherwise pro&ided for in the Contract, orotherwise pro&ided for in the Contract, or

'' necessary 'y reason of some default of or 'reach of contract 'y thenecessary 'y reason of some default of or 'reach of contract 'y the

Contractor or for which he is responsi'le, orContractor or for which he is responsi'le, or(c(c necessary 'y reason of climatic conditions on the Site, ornecessary 'y reason of climatic conditions on the Site, or

(d(d necessary for the proper e#ecution of the $or%s or for the safety of thenecessary for the proper e#ecution of the $or%s or for the safety of the$or%s on any part thereof (sa&e to the e#tent that such necessity arises$or%s on any part thereof (sa&e to the e#tent that such necessity arisesfrom any act or default 'y the )ngineer or the )mployer or from any offrom any act or default 'y the )ngineer or the )mployer or from any of

the ris%s defined in 7CC, orthe ris%s defined in 7CC, or(e(e 'y mutual agreement in writing 'y 'oth parties to the Contract, pro&ided'y mutual agreement in writing 'y 'oth parties to the Contract, pro&ided

that the )mployer shall not suffer the e#penses resulting from suchthat the )mployer shall not suffer the e#penses resulting from suchsuspension, pro&ided always that the Contractor shall not 'e entitled tosuspension, pro&ided always that the Contractor shall not 'e entitled toreco&er any such e#tra e#penses unless he gi&es to the )ngineer writtenreco&er any such e#tra e#penses unless he gi&es to the )ngineer written

notice of his intention to claim within (;B days of the )ngineers order,notice of his intention to claim within (;B days of the )ngineers order,


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Engineer's Determination .olloing $uspensionEngineer's Determination .olloing $uspension

The engineer shall after consulting the contractor and theThe engineer shall after consulting the contractor and the

employer determine,employer determine,!! Any e+tension of timeAny e+tension of time

!! The amount to be added to the contract price, due toThe amount to be added to the contract price, due to

suspension.suspension.

$uspension !f 2or3 .or ore #han 45 Days$uspension !f 2or3 .or ore #han 45 Days

$f the progress of the wor# is suspended for more than $f the progress of the wor# is suspended for more than

days then the contractor can give a notice for resumption ofdays then the contractor can give a notice for resumption of

wor# within 0 days of receipt of order. $f permission forwor# within 0 days of receipt of order. $f permission forresumption is not given within the said period then theresumption is not given within the said period then the

contractor can consider it as termination of contract.contractor can consider it as termination of contract.

Ti f C ! tiTi f C

! ti


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Time for Com&!etionTime for Com&!etion

The whole of the $or%s and, re1uired to 'eThe whole of the $or%s and, re1uired to 'ecompleted within a particular time as stated in thecompleted within a particular time as stated in the!ppendi# to Tender, shall 'e completed,, within the!ppendi# to Tender, shall 'e completed,, within thetime stated in the !ppendi# to Tender for the wholetime stated in the !ppendi# to Tender for the whole

of the $or%s or the Section (as the case may 'e,of the $or%s or the Section (as the case may 'e,calculated from the Commencement -ate, or suchcalculated from the Commencement -ate, or suche#tended time as may 'e allowed under ne#te#tended time as may 'e allowed under ne#tclauses.clauses.

9o mo'ilisation period will 'e allowed for as an9o mo'ilisation period will 'e allowed for as ane#tension of the Completion Time, as such period ise#tension of the Completion Time, as such period isconsidered to 'e included in it.considered to 'e included in it.


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EBtension of Time for Com&!etionEBtension of Time for Com&!etion

In the e&ent of :In the e&ent of :

(a(a the amount or nature of e#tra or additional wor%, orthe amount or nature of e#tra or additional wor%, or('(' any cause of delay referred to in these Conditions, orany cause of delay referred to in these Conditions, or

(c(c e#ceptionally ad&erse climatic condition ('ut no e#tension of timee#ceptionally ad&erse climatic condition ('ut no e#tension of timeshall 'e granted for the anticipated climatic changes, orshall 'e granted for the anticipated climatic changes, or

(d(d any delay, impediment or pre&ention 'y the )mployer, orany delay, impediment or pre&ention 'y the )mployer, or

(e(e other special circumstances which may occur, other than through aother special circumstances which may occur, other than through adefault of or 'reach of contract 'y the Contractor or for which he isdefault of or 'reach of contract 'y the Contractor or for which he isresponsi'le, 'eing such as fairly to entitle the Contractor to anresponsi'le, 'eing such as fairly to entitle the Contractor to ane#tension of the Time for Completion of the $or%s, or any Section ore#tension of the Time for Completion of the $or%s, or any Section orpart thereof, the )ngineer shall, after due consultation with thepart thereof, the )ngineer shall, after due consultation with the

)mployer and the Contractor, determine the amount of such)mployer and the Contractor, determine the amount of suche#tension and shall notify the Contractor accordingly, with a copy toe#tension and shall notify the Contractor accordingly, with a copy tothe )mployer.the )mployer.

C t t t id N tifi ti d D t i! dC t t t id N tifi ti d D t i! d


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Contractor to ro(ide Notification and Detai!edContractor to ro(ide Notification and Detai!ed

articu!arsarticu!ars

The )ngineer is not 'ound to ma%e any determinationThe )ngineer is not 'ound to ma%e any determination

unless the Contractor has :unless the Contractor has :

(a(a within ;B days after such e&ent has first arisen notifiedwithin ;B days after such e&ent has first arisen notified

the )ngineer with a copy to the )mployer, andthe )ngineer with a copy to the )mployer, and('(' within ;B days, or such other reasona'le time as maywithin ;B days, or such other reasona'le time as may

'e agreed 'y the )ngineer, after such notification su'mitted'e agreed 'y the )ngineer, after such notification su'mitted

to the )ngineer detailed particulars of any e#tension of timeto the )ngineer detailed particulars of any e#tension of timeto which he may consider himself entitled in order that suchto which he may consider himself entitled in order that such

su'mission may 'e in&estigated at the time.su'mission may 'e in&estigated at the time.


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Interim Determination of EBtensionInterim Determination of EBtension

If it is impractica'le for contractor to pro&ideIf it is impractica'le for contractor to pro&idedetails of delay within ;B days, the e#tension shalldetails of delay within ;B days, the e#tension shallstill 'e granted, if contractor can pro&ide interimstill 'e granted, if contractor can pro&ide interimdetails. ut the full details of e&ent need to 'edetails. ut the full details of e&ent need to 'epro&ided within ;B days of the end of the effectspro&ided within ;B days of the end of the effectsresulting from e&ents.resulting from e&ents.

/i'uidated Damages for De!a%/i

'uidated Damages for De!a%


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/i'uidated Damages for De!a%/i'uidated Damages for De!a%

If the Contractor fails to comply with the Time for Completion, for the wholeIf the Contractor fails to comply with the Time for Completion, for the wholeof the $or%s or, if applica'le, then the Contractor shall pay to the )mployerof the $or%s or, if applica'le, then the Contractor shall pay to the )mployerthe rele&ant sum stated in the !ppendi# to Tender as li1uidated damagesthe rele&ant sum stated in the !ppendi# to Tender as li1uidated damagesfor such default and not as a penalty for e&ery day or part of a day whichfor such default and not as a penalty for e&ery day or part of a day whichshall elapse 'etween the rele&ant Time for Completion and the date statedshall elapse 'etween the rele&ant Time for Completion and the date statedin a Ta%ing+@&er Certificate of the whole of the $or%s or the rele&antin a Ta%ing+@&er Certificate of the whole of the $or%s or the rele&ant

Section, su'*ect to the applica'le limit stated in the !ppendi# to Tender.Section, su'*ect to the applica'le limit stated in the !ppendi# to Tender. The )mployer may, without pre*udice to any other method of reco&ery,The )mployer may, without pre*udice to any other method of reco&ery,

deduct the amount of such damages from any moneys due or to 'ecomededuct the amount of such damages from any moneys due or to 'ecomedue to the Contractor. The payment or deduction of such damages shalldue to the Contractor. The payment or deduction of such damages shallnot relie&e the Contractor from his o'ligation to complete the $or%s, ornot relie&e the Contractor from his o'ligation to complete the $or%s, orfrom any other of his o'ligations and lia'ilities under the Contract.from any other of his o'ligations and lia'ilities under the Contract.

The rate of li1uidated damages stated in the !ppendi# to Tender isThe rate of li1uidated damages stated in the !ppendi# to Tender ise#clusi&e of any additional super&ision costs in respect of the un*ustifiede#clusi&e of any additional super&ision costs in respect of the un*ustifiedtime lapse in completing the $or%s, and the Contractor shall 'ear suchtime lapse in completing the $or%s, and the Contractor shall 'ear suchcosts.costs.


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Reduction of /i'uidated DamagesReduction of /i'uidated Damages

If, 'efore the Time for Completion of the whole of the $or%s or, ifIf, 'efore the Time for Completion of the whole of the $or%s or, ifapplica'le, any Section, a Ta%ing+@&er Certificate has 'een issued forapplica'le, any Section, a Ta%ing+@&er Certificate has 'een issued forany part of $or%s or of a Section, the li1uidated damages for delay inany part of $or%s or of a Section, the li1uidated damages for delay incompletion of the remainder of the $or%s or of that Section shall, forcompletion of the remainder of the $or%s or of that Section shall, for

any period of delay after the date stated in such Ta%ing+@&erany period of delay after the date stated in such Ta%ing+@&erCertificate, and in the a'sence of alternati&e pro&ision in theCertificate, and in the a'sence of alternati&e pro&ision in theContract, 'e reduced in the proportion which the &alue of the part soContract, 'e reduced in the proportion which the &alue of the part socertified 'ears to the &alue of the whole of the $or%s or Section, ascertified 'ears to the &alue of the whole of the $or%s or Section, asapplica'le.applica'le.

The pro&isions of this Clause shall only apply to the rate of li1uidatedThe pro&isions of this Clause shall only apply to the rate of li1uidateddamages and shall not affect the limit thereof.damages and shall not affect the limit thereof.

T @i O C tifi tT @i

O C tifi t


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Ta@ingO(er CertificateTa@ingO(er Certificate

$hen the whole of the $or%s ha&e 'een su'stantially completed and ha&e$hen the whole of the $or%s ha&e 'een su'stantially completed and ha&e

satisfactorily passed any Tests on Completion prescri'ed 'y the Contract,satisfactorily passed any Tests on Completion prescri'ed 'y the Contract,the Contractor may gi&e a notice to that effect to the )ngineer, with a copythe Contractor may gi&e a notice to that effect to the )ngineer, with a copyto the )mployer, accompanied 'y a written underta%ing to finish with dueto the )mployer, accompanied 'y a written underta%ing to finish with duee#pedition any outstanding wor% during the -efects 0ia'ility eriod. Suche#pedition any outstanding wor% during the -efects 0ia'ility eriod. Suchnotice and underta%ing shall 'e deemed to 'e a re1uest 'y the Contractornotice and underta%ing shall 'e deemed to 'e a re1uest 'y the Contractorfor the )ngineer to issue a Ta%ing+@&er Certificate in respect of the $or%s.for the )ngineer to issue a Ta%ing+@&er Certificate in respect of the $or%s.

The )ngineer shall conduct an inspection of the $or%s and report hisThe )ngineer shall conduct an inspection of the $or%s and report hisfindings to the )mployer with a copy to the Contractor. The )ngineer mayfindings to the )mployer with a copy to the Contractor. The )ngineer mayeither certify that the wor%s ha&e 'een properly completed or ready foreither certify that the wor%s ha&e 'een properly completed or ready foracceptance or gi&e instructions in writing to the Contractor specify theacceptance or gi&e instructions in writing to the Contractor specify the

wor%s which, in the opinion of the )ngineer, re1uire to 'e done 'y thewor%s which, in the opinion of the )ngineer, re1uire to 'e done 'y the

Contractor and to the )ngineer5s satisfaction, within a prescri'ed period ofContractor and to the )ngineer5s satisfaction, within a prescri'ed period oftime 'efore acceptance. If the contractor considers the )ngineer5s report totime 'efore acceptance. If the contractor considers the )ngineer5s report to'e incorrect, he may gi&e a notice to that effect to the )mployer, who shall,'e incorrect, he may gi&e a notice to that effect to the )mployer, who shall,in the manner he deems suita'le either in&estigate the situation toin the manner he deems suita'le either in&estigate the situation toascertain the &alidity of the )ngineer5s report or form a Committee for theascertain the &alidity of the )ngineer5s report or form a Committee for theTa%ing+@&er of the $or%s.Ta%ing+@&er of the $or%s.

The )mployer shall withinThe )mployer shall within ten days

ten days from receipt of the )ngineer5s report form afrom receipt of the )ngineer5s report form a


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The )mployer shall, withinThe )mployer shall, within ten daysten daysfrom receipt of the )ngineer s report, form afrom receipt of the )ngineer s report, form a"Ta%ing+@&er Committee", including the )ngineer as one of its mem'ers, and notify"Ta%ing+@&er Committee", including the )ngineer as one of its mem'ers, and notifythe Contractor of the time and date fi#ed for carrying out an inspection of the $or%s.the Contractor of the time and date fi#ed for carrying out an inspection of the $or%s.The )ngineer and the Contractor shall, in the meanwhile, prepare all necessaryThe )ngineer and the Contractor shall, in the meanwhile, prepare all necessaryschedules, data, 'ills and drawings as are necessary to facilitate the said Committee2sschedules, data, 'ills and drawings as are necessary to facilitate the said Committee2swor%.wor%.

The Committee shall, within ten days from the date of 'eing formed, conduct in theThe Committee shall, within ten days from the date of 'eing formed, conduct in thepresence of the Contractor or his authorised agent an inspection of the $or%s, andpresence of the Contractor or his authorised agent an inspection of the $or%s, andha&ing done so, shall draw up a memorandum of certification of the $or%s which shallha&ing done so, shall draw up a memorandum of certification of the $or%s which shall'e signed 'y the Committee mem'ers as well as 'y the Contractor or his authorised'e signed 'y the Committee mem'ers as well as 'y the Contractor or his authorisedagent. Copies of the same shall 'e gi&en to the )mployer and the Contractor.agent. Copies of the same shall 'e gi&en to the )mployer and the Contractor.

The )ngineer shall within se&en days of the date of deli&ery of the memorandum ofThe )ngineer shall within se&en days of the date of deli&ery of the memorandum ofthe Ta%ing+@&er Committee to the Contractor, issue a Ta%ing+@&er Certificate inthe Ta%ing+@&er Committee to the Contractor, issue a Ta%ing+@&er Certificate inrespect of the $or%s, stating the date on which, in his opinion, the $or%s arerespect of the $or%s, stating the date on which, in his opinion, the $or%s areconsidered to 'e su'stantially completed in accordance with the Contract and the dateconsidered to 'e su'stantially completed in accordance with the Contract and the dateof commencement of the -efects 0ia'ility eriod. The )ngineer shall enumerate in theof commencement of the -efects 0ia'ility eriod. The )ngineer shall enumerate in theTa%ing+@&er Certificate all defects and faults to 'e remedied 'y the Contractor within aTa%ing+@&er Certificate all defects and faults to 'e remedied 'y the Contractor within aprescri'ed time starting from the start of the 8aintenance eriod.prescri'ed time starting from the start of the 8aintenance eriod.

The Contractor is entitled to comment or o'*ect to the memorandum of the Ta%ing+o&erThe Contractor is entitled to comment or o'*ect to the memorandum of the Ta%ing+o&erCommittee in writing to the )ngineer, pro&ided he does so within ( days from theCommittee in writing to the )ngineer, pro&ided he does so within ( days from thedate of signing the memorandum. The )ngineer, in such a case, shall study thedate of signing the memorandum. The )ngineer, in such a case, shall study theo'*ection and su'mit his findings to the )mployer.o'*ection and su'mit his findings to the )mployer.

0 i ti0 i ti


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0ariations0ariations

If the )ngineer feels the necessity to ma%e any &ariations of the form, 1ualityIf the )ngineer feels the necessity to ma%e any &ariations of the form, 1ualityor 1uantity of the $or%s he has the authority to instruct the Contractor to door 1uantity of the $or%s he has the authority to instruct the Contractor to doso and the Contractor shall do any of the following:so and the Contractor shall do any of the following:aa Increase or decrease the 1uantity of any wor% included in the contract.Increase or decrease the 1uantity of any wor% included in the contract.'' @mit any such wor% ('ut not if the omitted wor% is to 'e carried out 'y@mit any such wor% ('ut not if the omitted wor% is to 'e carried out 'ythe )mployer or 'ythe )mployer or 'y another contractor.another contractor.

cc Change the character or 1uality or %ind of any such wor%.Change the character or 1uality or %ind of any such wor%.dd Change the le&els, lines, position and dimensions of any part of theChange the le&els, lines, position and dimensions of any part of the

wor%s.wor%s.ee )#ecute additional wor% of any %ind necessary for the completion of)#ecute additional wor% of any %ind necessary for the completion ofthe wor%s.the wor%s.ff Change se1uence or timing of construction.Change se1uence or timing of construction.

"ote :"ote :8a# !llowa'le &ariation 'y Fidic is >D, 'ut in alestinian Contracting contract8a# !llowa'le &ariation 'y Fidic is >D, 'ut in alestinian Contracting contract

is ;ED.is ;ED.


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INSTRUCTIONS FOR 0ARIATIONSINSTRUCTIONS FOR 0ARIATIONS::

The Contractor is not supposed to ma%e any &ariation without an instruction of theThe Contractor is not supposed to ma%e any &ariation without an instruction of the

)ngineer. 9o instructions are re1uired if wor% e#ecution results into)ngineer. 9o instructions are re1uired if wor% e#ecution results intoincrease3decrease of 1uantities than those stated in the ill of 1uantities.increase3decrease of 1uantities than those stated in the ill of 1uantities.

0A/UATION OF 0ARIATIONS0A/UATION OF 0ARIATIONS

!ll &ariations and any additions to the Contract rice shall 'e as per the rates and!ll &ariations and any additions to the Contract rice shall 'e as per the rates and

price of &ariations present in the Contract. If the Contract does not contain anyprice of &ariations present in the Contract. If the Contract does not contain anyrates or prices applica'le to &aried wor%, the rates and prices of the Contract shallrates or prices applica'le to &aried wor%, the rates and prices of the Contract shall

'e used as the 'asis for &aluation. In the e&ent of disagreement the )ngineer shall'e used as the 'asis for &aluation. In the e&ent of disagreement the )ngineer shall

notify the Contractor with a copy to the )mployer. Till the time the rates are agreednotify the Contractor with a copy to the )mployer. Till the time the rates are agreed

or fi#ed, the )ngineer shall determine pro&isional rates or prices to ena'le on+or fi#ed, the )ngineer shall determine pro&isional rates or prices to ena'le on+

account payments to 'e included in certificates issuedaccount payments to 'e included in certificates issued

O8ER OF EN.INEER TO FI RATESO8ER OF EN.INEER TO FI RATES

The )ngineer shall determine the rate for &aried wor% if e#isting rates in the contract areThe )ngineer shall determine the rate for &aried wor% if e#isting rates in the contract are


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The )ngineer shall determine the rate for &aried wor% if e#isting rates in the contract areThe )ngineer shall determine the rate for &aried wor% if e#isting rates in the contract areinappropriate, in consultation with )mployer and Contractor. If agreement is notinappropriate, in consultation with )mployer and Contractor. If agreement is notreached on the rates, the engineer shall fi# pro&isional rates which are appropriate in hisreached on the rates, the engineer shall fi# pro&isional rates which are appropriate in hisopinion, to ena'le on account payment for payment certificates issued underopinion, to ena'le on account payment for payment certificates issued underclause of paymentclause of payment,, until such time as rates or prices are agreed, pro&ided Contractor oruntil such time as rates or prices are agreed, pro&ided Contractor or

engineer has gi&en notice of = days to each other a'out their intention to see% &ariedengineer has gi&en notice of = days to each other a'out their intention to see% &ariedrates.rates.

0ARIATIONS ECEEDIN. 15 ERCENT0ARIATIONS ECEEDIN. 15 ERCENT

If, on the issue of the Ta%ing+@&er Certificate for the $hole of the $or%s, it is found thatIf, on the issue of the Ta%ing+@&er Certificate for the $hole of the $or%s, it is found thatas a result of:as a result of:

aa !ll &aried wor% &alued!ll &aried wor% &alued (cases listed in the start of &ariation(cases listed in the start of &ariation'' all ad*ustments upon measurement of the estimated 1uantities set out in the ill @fall ad*ustments upon measurement of the estimated 1uantities set out in the ill @f/uantities, e#cluding ro&isional Sums, day wor%s and ad*ustments of price made/uantities, e#cluding ro&isional Sums, day wor%s and ad*ustments of price madeunderunder Clause of increase or decrease of the costClause of increase or decrease of the cost (There shall 'e increase3decrease in(There shall 'e increase3decrease incontract price 'ased on rise and fall in cost of la'or and material as pro&ided in the partcontract price 'ased on rise and fall in cost of la'or and material as pro&ided in the partII of these conditions that the contract price has &aried in e#cess of >D then )ngineerII of these conditions that the contract price has &aried in e#cess of >D then )ngineer

will decide increase3decrease to contract price ha&ing regards to Contractor2s site andwill decide increase3decrease to contract price ha&ing regards to Contractor2s site andgeneral o&erhead cost. This change if any shall 'e related to >D e#cess le&el o&ergeneral o&erhead cost. This change if any shall 'e related to >D e#cess le&el o&ercontract price.contract price.

DA2 8ORDA2 8OR

The )ngineer if he feels that it is necessary, can issue a instruction that any &aried wor%The )ngineer if he feels that it is necessary, can issue a instruction that any &aried wor%shall 'e e#ecuted on a day wor% 'asis according to the term2s and conditions pro&idedshall 'e e#ecuted on a day wor% 'asis according to the term2s and conditions pro&idedin the day wor% schedule.in the day wor% schedule.


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PR!/&$&!"AL $%PR!/&$&!"AL $%DE.&"&!"DE.&"&!" ro&isional SumG means a sum (ifro&isional SumG means a sum (if

any which is specified in the contract as a pro&isionalany which is specified in the contract as a pro&isional

sum. ro&isional Sum shall only 'e used in whole orsum. ro&isional Sum shall only 'e used in whole or

in part, in accordance with the )ngineers instructionsin part, in accordance with the )ngineers instructionsand the Contract rice shall 'e ad*usted accordingly.and the Contract rice shall 'e ad*usted accordingly.

%$E !. PR!/&$&!"AL $%$%$E !. PR!/&$&!"AL $%$

The engineer shall ha&e authority to issue instructionThe engineer shall ha&e authority to issue instruction

for the e#ecution of wor% or for supply of goods orfor the e#ecution of wor% or for supply of goods or

ser&ices under pro&isional sum.ser&ices under pro&isional sum.


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!"#1L( $#A#EE"#$!"#1L( $#A#EE"#$

The contractor shall su'mit to the )ngineer after the end of eachThe contractor shall su'mit to the )ngineer after the end of each

month si# copies of statements showing the amounts to which themonth si# copies of statements showing the amounts to which the

contractor considers himself to 'e entitled up to the end of the monthcontractor considers himself to 'e entitled up to the end of the month

in respect of:in respect of:

aaThe &alue of the permanent wor%.The &alue of the permanent wor%.

''!ny other item in the ill of /uantities including those for!ny other item in the ill of /uantities including those for

contractor2s e1uipment.contractor2s e1uipment.

cc!nd plant deli&ery 'y the contractor on the sire for!nd plant deli&a

Contracts Docuements General Conditions 1.11

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Transcript of Contracts Docuements General Conditions 1.11