Cond e Forum

ASEAN GMP.ABC PHARMA.
FACTORY CHAPTER II- CONDITIONS OF CONTRACT

CONDITIONS OF CONTRACT
Definitions and Interpretation
1.1. Definitions
In the Contract (as hereinafter defined) the following words and expressions shall have
the meanings hereby assigned to them, except where the context otherwise requires:
(a) (i) Employer means AC! Co! "td! and the legal successors in title to such
person, but not (except with the consent of the Contractor) any assignee of such
person!
(ii) Contractor means the person whose #ender has been accepted by the
$mployer and the legal successors in title to such person, but not (except with the
consent of the $mployer) any assignee of such person!
(iii) S!contractor means any person named in the Contract as a %ubcontractor
for a part of the &or's or any person to whom a part of the &or's has been
subcontracted with the consent of the $ngineer and the legal successors in title to
such person, but not any assignee of any such person!
(iv) En"ineer means the person appointed by the $mployer to act as a $ngineer
for the purposes of the Contract and carry out any of his duties and authority
specified in %ub(Clause )!*, and named as such in Appendix to #ender!
(v) En"ineer#s Representati$e means a person appointed from time to time by
the $ngineer under %ub(clause )!)!
(b) (i) Contract means these Conditions, the %pecification, the +rawings, the ill of
,uantities, the #ender, the "etter of Acceptance, the Contract Agreement (if
completed) and such further documents as may be expressly incorporated in the
"etter of Acceptance or Contract Agreement (if completed)!
(ii) Specification means the specification of the &or's included in the Contract
and any modification thereof or addition thereto made under Clause -* or submitted
by the Contractor and approved by the $ngineer!
(iii) Dra%in"s means all drawings, calculations and technical information of a li'e
nature provided by the $ngineer to the Contractor under Contract and all +rawings,
calculations, samples, patterns, models, operation and maintenance manuals and
other technical information of a li'e nature submitted by the Contractor and
approved by the $ngineer!
(iv) &ill of 'antities means the priced and completed bill of quantities forming
part of the #ender!
(v) Tender means the Contractor.s priced offer to the $mployer for the execution
and completion of the &or's and remedying of any defects therein in accordance
with the provisions of the Contract, as accepted by the "etter of Acceptance!
(vi) (etter of Acceptance means the formal acceptance by the $mployer of the
#ender!
(vii) Contract A"reement means the contract agreement (if any) referred to in
%ub(Clause /!*
(viii) Appendi) to Tender means the appendix comprised in the form of #ender
annexed to these Conditions!
(c) (i) Commencement Date means the date upon the Contractor receives the
notice to commence issued by the $ngineer pursuant to Clause 0*!
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ASEAN GMP.ABC PHARMA.FACTORY CHAPTER II- CONDITIONS OF CONTRACT
(ii) Time for Completion means the time for completing the execution of and
passing the #ests on Completion of the &or's or any section or part thereof as
stated in the Contract (or as extended under Clause 00) calculated from the
Commencement +ate!
(d) (i) Tests on Completion means the tests specified in the Contract or otherwise
agreed by the $ngineer and the Contractor which are to be made by the Contractor
before the &or's or any %ection or part thereof ta'en over by the $mployer!
(ii) Ta*in"+O$er Certificate 1 means a certificate issued pursuant to Clause 02!
(e) (i) Contract ,rice means the sum stated in the "etter of Acceptance as payable
to the Contractor for the execution and completion of the &or's and the remedying
of any defects therein in accordance with the provisions of the Contract!
(ii) Retention -oney means the aggregate of all monies retained by the
$mployer pursuant to %ub(clause 34!) (a)!
(iii) Interim ,ayment Certificate means any certificate of payment issued by the
$ngineer other than the 5inal 6ayment Certificate!
(iv) Final ,ayment Certificate means the certificate of payment issued by the
$ngineer pursuant to %ub(Clause 34!2!
(f) (i) .or*s means the 6ermanent &or's and the #emporary &or's or either of
them as appropriate!
(ii) ,ermanent .or*s means the permanent wor's to be executed (including
6lant) in accordance with the Contract!
(iii) Temporary .or*s means all temporary wor's of every 'ind (other than
Contractor7s $quipment) required in or about the execution and completion of the
&or's and remedying of any defects therein!
(iv) ,lant means machinery, apparatus and the li'e intended to form or forming
part of the 6ermanent &or's!
(v) Contractor#s E/ipment means all appliances and things of whatsoever
nature (other than temporary &or's) required for the execution and completion of
the &or's and the remedying of any defects therein, but does not include 6lant,
materials or other things intended to form or forming part of the 6ermanent &or's!
(vi) Section means a part of the &or's specifically identified in the Contract as a
%ection!
(vii) Site means the places provided by the $mployer where the &or's to be
executed and any other places as may be specifically designated in the Contract as
forming part of the %ite!
(g) (i) cost means all expenditure properly incurred or to be incurred, whether on or
off the site, including overhead and other charges properly allocable thereto but
does not include any allowance for profit!
(ii) day means calendar day!
(iii) forei"n crrency means a currency of a country other than that in which the
&or's are to be located!
(iv) %ritin" means any hand(written, type(written, or printed communication,
include telex, cable and facsimile transmission!
0eadin"s and -ar"inal Notes
*!) #he heading and marginal notes in these Conditions shall not be deemed part thereof or
be ta'en into consideration in the interpretation or construction thereof or of the Contract!
Interpretation
*!8 &ords importing persons or parties shall include firms and corporations and any
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organisation having legal capacity!
Sin"lar and ,lral
*!0 &ords importing the singular only also include the plural and vice versa where the
context requires!
Notices1 Consents1 Appro$als1 Certificates and Determinations
*!- &henever in the Contract provision is made for the giving or issue of any notice consent,
approval, certificate or determination by any person, unless otherwise specified such
notice, consent, approval, certificate or determination shall be in writing and the words:
9notify9, 1certify9 or 1determine9 shall be construed accordingly! Any such consent,
approval, certificate or determination shall not unreasonably be withheld or delayed!
EN2INEER AND EN2INEER#S RE,RESENTATI3E
En"ineer#s Dties and At4ority
)!* (a) #he $ngineer shall carry out the duties specified in the Contract!
(b) #he $ngineer may exercise the authority specified in or necessarily to be implied from
the Contract, provided, however, that if the $ngineer is required, under the terms of his
appointment by the $mployer, to obtain the specific approval of the $mployer before
ta'ing any of the following actions:
(i) approving subletting of any part of the &or's under Clause 0,
(ii) certifying additional cost determined under Clause *),
(iii) determining an extension of time under Clause 00,
(iv) issuing a variation under Clause -*, except in an emergency situation, as
reasonable by the $ngineer, or of such variation would increase the Contract 6rice
less than )!44 :,
(v) issuing a #a'ing(;ver Certificate pursuant to Clause 02!*, a +efects "iability
Certificate pursuant to Clause 3*!),
(vi) certifying payment of retention amounts pursuant to Clause 34!8 or payment after
termination pursuant to Clause 38!8!
6rovided further that any requisite approval shall be deemed to have been given by the
$mployer for any such authority exercised by the $ngineer!
(c) $xcept as expressly stated in the Contract, the $ngineer shall have no authority to
relieve the Contractor of any of his obligations under the Contract!
En"ineer#s Representati$e
)!) #he $ngineer7s <epresentative shall be appointed by and be responsible to the $ngineer
and shall carry out such duties and exercise such authority as may be delegated to him
by the $ngineer under %ub(Clause )!8
En"ineer#s At4ority to Dele"ate
)!8 #he $ngineer may from time to time delegate to the $ngineer7s <epresentative any of the
duties and authorities vested in the $ngineer and he may at any time revo'e such
delegation! And such delegation or revocation shall be in writing and shall not ta'e effect
until a copy thereof delivered to the $mployer and the Contractor!
Any communication given by the $ngineer7s <epresentative to the Contractor in
accordance such delegation shall have the same effect as thought it had been given by
the $ngineer! 6rovided that:
(a) any failure of $ngineer7s <epresentative to disapprove any wor', materials or plant
shall not pre=udice the authority of the $ngineer to disapprove such wor', materials or
6lant and to give instructions for the rectification thereof> and
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(b) if the Contractor questions any communication of the $ngineer7s <epresentative he
may refer the matter to the $ngineer who shall confirm, reverse or vary the contents of
such communication!
Appointment of Assistance
)!0 #he $ngineer or the $ngineer7s <epresentative may appoint any number of persons to
assist the $ngineer7s <epresentative in the carrying out of his duties under %ub(Clause
)!)! ?e shall notify to the Contractor the names, duties and scope of authority of such
persons! %uch assistants shall have no authority to issue any instructions to the
Contractor save in so far as such instructions may be necessary to enable them to carry
out their duties and to secure their acceptance of materials, 6lant or wor'manship as
being in accordance with the Contract and any instructions given by the $ngineer7s
<epresentative!
Instrctions in .ritin"
)!- Instructions given by the $ngineer shall be in writing, provided that if for any reason the
$ngineer considers it necessary to give any such instruction orally, the Contractor shall
comply with such instruction! Confirmation in writing of such oral instruction given by the
$ngineer, whether before or after the carrying out of the instruction, shall be deemed to
be an instruction within the meaning of this %ub(Clause! 6rovided further that if the
Contractor, within @ days, confirms in writing to the $ngineer any oral instruction of the
$ngineer and such confirmation is not contradicted in writing within @ days by the
$ngineer, it shall be deemed to be an instruction of the $ngineer!
#he provisions of this %ub(Clause shall equally apply to instructions given by the
$ngineer7s <epresentative and any assistants of the $ngineer or the $ngineer7s
<epresentative appointed pursuant to %ub(Clause )!0!
En"ineer to Act Impartially
)!3 &henever under Contract, the $ngineer is required to exercise his discretion by:
(a) giving his decision, opinion or consent,
(b) expressing his satisfaction or approval,
(c) determining value, or
(d) otherwise ta'ing action which may affect the rights and obligations of the $mployer or
the Contractor
he shall exercise such discretion impartially within the term of the Contract and having
regard to all the circumstances! Any such decision, opinion, consent, expression of
satisfaction, or approval, determination of value or action may be opened up, reviewed or
revised as provided in Clause 3@!
ASSI2N-ENT AND S5&CONTRACTIN2
Assi"nment of Contract
8!* #he Contractor shall not, without the prior consent of the $mployer (which consent,
notwithstanding the provisions of %ub(Clause *!-, shall be at the sole discretion of the
$mployer), assign the Contract or any part thereof, or any benefit or interest therein or
thereunder, otherwise than by:
(a) a change in favour of the Contractor7s ban'ers of any monies due or to become due
under the Contract, or
(b) assignment to the Contractor7s insurers (in cases where the insurers have discharged
the Contractor7s loss or liability) of the Contractor7s right to obtain relief against any other
party liable!
S!contractin"
0!* #he Contractor shall not subcontract the whole of the &or's! $xcept where otherwise
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provided by the Contract, the Contractor shall not subcontract any part of the &or's
without the prior consent of the $ngineer! Any such consent shall not relieve the
Contractor from any liability or obligation under the Contract and he shall be responsible
for the acts, default and neglects of any subcontractor, his agents, servants or wor'men
as fully as if they were the acts, defaults or neglects of the Contractor, his agents,
servants or wor'men!
6rovided that the Contractor shall not be required to obtain such consent for:
(a) the provision of labour,
(b) the purchase of materials which are accordance with the standards specified in the
Contract, or
(c) the subcontracting of any part of the &or's for which the %ubcontractor is named in
the Contract!
Assi"nment of S!contractor#s O!li"ations
0!) In the event of a %ubcontractor having underta'en towards the Contractor in respect of
the wor' executed, or the goods, materials, 6lant or services supplied by such
%ubcontractor, any continuing obligation extending for a period exceeding that of the
+efects "iability 6eriod under the Contract, the Contractor shall at any time, after the
expiration of such 6eriod, assign to the $mployer, at the $mployer .s request and cost,
the benefit of such obligation for the unexpired duration thereof!
CONTRACT DOC5-ENTS
(an"a"e6s7 and (a%
-!* (a) #he language of the Contract is the $nglish language and Aietnamese language with
the same value! All documents and correspondence to be prepared and produced under
the Contract shall be written in the $nglish language and Aietnamese language! In case
of any discrepancy or ambiguity, the $nglish language shall prevail upon,
(b) #he Contract shall be governed by and construed in accordance with the laws of #he
Bnited Cingdom!
,riority of Contract Docments
-!) #he several documents forming the Contract are to be ta'en as mutually explanatory of
one another but in case of ambiguities or discrepancies the same shall be explained and
ad=usted by the $ngineer who shall thereupon issue to the Contractor instructions
thereon and in such event, unless otherwise provided in the Contract, the priority of the
documents forming the Contract shall be as follows:
(*) #he Contract Agreement (if completed)>
()) #he "etter of Acceptance>
(8) #he #ender>
(0) #hese Conditions> and
(-) Any other document forming part of the Contract!
Cstody and Spply of Dra%in"s and Docments
3!* #he +rawing shall remain in the sole custody of the $ngineer, but two copies thereof
shall be provided to the Contractor free of charge! #he Contractor shall ma'e at his own
cost any further copies required by him! Bnless it is strictly necessary for the purposes of
the Contract, the +rawings, %pecification and other documents provided by the $mployer
or the $ngineer shall not, without the consent of the $ngineer, be used or communicated
to a third party by the Contractor! Bpon issue of the +efects "iability Certificate, the
Contractor shall return to the $ngineer all +rawings, %pecification and other documents
provided under the Contract !
#he Contractor shall supply the $ngineer four copies of all +rawings, %pecification and
other documents submitted by the Contractor and approved by the $ngineer in
accordance with Clause @, together with a reproducible copy of any material which
cannot be reproduced to an equal standard by photocopying! In addition the Contractor
shall supply such further copies of such +rawings! %pecification and other documents as
the $ngineer may request in writing for the use of the $mployer, who shall pay the cost
thereof!
One Copy of Dra%in"s to !e *ept on Site
3!) ;ne copy of the +rawings, provided to or supplied by the Contractor as aforesaid, shall
be 'ept by the Contractor on the %ite and the same shall at all reasonable times be
available for inspection and use by the $ngineer and by any other person authorised by
the $ngineering in writing!
Disrption of ,ro"ress
3!8 #he Contractor shall give notice to the $ngineer, with a copy to the $mployer, whenever
planning or execution of the &or's is li'ely to be delayed or disrupted unless any further
drawing or instruction is issued by the $ngineer within a reasonable time! #he notice
shall include details of the drawing or instruction required and of why and by when it is
required and of any delay or disruption li'ely to be suffered if it is late!
Delay and Cost of Delay of Dra%in"s
3!0 Aoid!
Failre !y Contractor to S!mit Dra%in"s
3!- If the failure or inability of the $ngineer to issue any drawings or instructions is caused in
whole or in part by the failure of the Contractor to submit +rawings!
%pecification or other documents which he is required to submit under the Contract, the
$ngineer shall ta'e such failure by the Contractor into account when ma'ing his
determination pursuant to :
(a) any extension of time to which the Contractor is entitled under Clause 00, and
(b) the amount of such costs, which shall be added to the Contract 6rice,
and shall notify the Contractor accordingly, with a copy to the $mployer!
Spplementary Dra%in"s and Instrctions
@!* #he $ngineer shall have authority to issue to the Contractor, from time to time, such
supplementary +rawings and instructions as shall be necessary for the purpose of the
proper and adequate execution and completion of the &or's and the remedying of any
defects therein! #he Contractor shall carry out and be bound by the same!
,ermanent .or*s Desi"ned !y Contractor
@!) &here the Contract expressly provides that part of the 6ermanent &or's shall be
designed by the Contractor, he shall submit to the $ngineer, for approval:
(a) such drawings, specifications, calculations and other information as shall be
necessary to satisfy the $ngineer as to the suitability and adequacy of that design, and
(b) operation and maintenance manuals together with drawings of the 6ermanent &or's
as completed, in sufficient detail to enable the $mployer to operate, maintain, dismantle,
reassemble and ad=ust the 6ermanent &or's incorporating that design! #he &or's shall
not be considered to be completed for the purposes of ta'ing over in accordance with
Clause 02 until such operation and maintenance manuals, together with drawings on
completion, have been submitted to and approval by the $ngineer!
Responsi!ility 5naffected !y Appro$al
@!8 Approval by the $ngineer, in accordance with %ub(Clause @!), shall not relieve the
Contractor of any of his responsibilities under the Contract!
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2ENERA( O&(I2ATIONS
Contractor#s 2eneral Responsi!ilities
2!* #he Contractor shall, with due care and diligence, design (to the extent provided for by
the Contract), execute and complete the &or's and remedy any defects therein in
accordance with the provisions of the Contract! #he Contractor shall provide all
superintendence, labour, materials, 6lant, Contractor7s $quipment and all other things,
whether of a temporary or permanent nature, required in and for such design, execution,
completion and remedying of any defects, so far as necessity for providing the same is
specified in or is reasonably to be inferred from the Contract!
#he Contractor shall give prompt notice to $ngineer, with a copy to the $mployer of any
error, omission, fault or other defect in the design of or %pecification for the &or's which
he discovers when reviewing the Contract or executing the &or's!
Site Operations and -et4ods of Constrction
2!) #he Contractor shall ta'e full responsibility for the adequacy, stability and safety of all
%ite operations and methods of construction! 6rovided that the Contractor shall not be
responsible (except as stated hereunder or as may be otherwise agreed) for the design
or specification of 6ermanent &or's, or for the design or specification of any #emporary
&or's not prepared by the Contractor! &here the Contract expressly provides that part
of the 6ermanent &or's shall be designed by the Contractor, he shall be fully
responsible for that part of such &or's, notwithstanding any approval by the $ngineer!
Contract A"reement
/!* #he contractor shall, if called upon so to do, enter into and execute the Contract
Agreement, to be prepared and completed at the cost of the $mployer, in the form
annexed to these Conditions with such modification as may be necessary!
,erformance Secrity
*4!* If the Contract requires the Contractor to obtain security for this proper performance of
the Contract, he shall obtain and provide to the $mployer such security within )2 days
after the receipt of the "etter of Acceptance, in the sum stated in the Appendix to #ender!
&hen providing such security to the $mployer, the Contractor shall notify the $ngineer of
so doing! %uch security shall be in the form annexed to these Conditions or in such other
form as may be agreed between the $mployer and the Contractor! #he institution
providing such security shall be sub=ect to the approval of the $mployer! #he cost of
complying with the requirements of this Clause shall be borne by the Contractor, unless
the Contract otherwise provides
Any amount deducted from the performance security shall be immediately reimbursed by
the Contractor to the guaranteeing ban' in order to maintain its full value throughout its
validity period!
,eriod of 3alidity of ,erformance Secrity
*4!) #he performance security shall be valid until the Contractor has executed and completed
the &or's and remedied any defects therein in accordance with the Contract! Do claim
shall be made against such security after the issue of the +efects "iability Certificate in
accordance with %ub(Clause 3)!* and such security shall be returned to the Contractor
with in *0 days of the issue of the said +efects "iability Certificate!
Claims nder ,erformance Secrity
*4!8 6rior to ma'ing a claim under the performance security the $mployer shall, in every
case, notify the Contractor stating the nature of the default in respect of which the claim
is to be made!
Inspection of Site
**!* #he $mployer shall have made available to the Contractor, before the submission by the
Contractor of the #ender, such data on hydrological and sub(surface conditions as have
been obtained by or on behalf of the $mployer from investigations underta'en relevant to
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the &or's but the Contractor shall be responsible for his own interpretation thereof!
#he Contractor shall be deem to have inspected and examined the %ite and its
surroundings and information available in connection therewith and to have satisfied
himself (so far as is practicable, having regard to considerations of cost and time) before
submitting his #ender, as to:
(a) #he form and nature thereof, including the sub(surface conditions,
(b) #he hydrological and climatic conditions,
(c) #he extent and nature of wor' and materials necessary for the execution and
completion of the &or's and remedying of any defects therein, and
(d) #he means of access to the %ite and the accommodation he may require,
and, in general, shall be deemed to have obtained all necessary information sub=ect as
above mentioned, as to ris's, contingencies and all other circumstances which may
influence or affect his #ender!
#he Contractor shall be deemed to have based his #ender on the data made available by
the $mployer and on his own inspection and examination, all as aforementioned!
Sfficiency of Tender
*)!* #he Contractor shall be deemed to have satisfied himself as to the correctness and
sufficiency of the #ender and of the rates and prices stated in the ill of ,uantities, all of
which shall, except insofar as it is otherwise provided in the Contract, cover all his
obligations under Contract (including those in respect of the supply of goods, materials,
6lant or services or of contingencies for which there is a 6rovisional %um) and all matter
and things necessary for the proper execution and completion of the &or's and the
remedying of any defects therein!
Not Foreseea!le ,4ysical O!strctions or Conditions
*)!) Aoid
.or* to !e in Accordance %it4 Contract
*8!* Bnless it is legally or physically impossible, the Contractor shall execute and complete
the &or's and remedy any defects therein in strict accordance with the Contract to the
satisfaction of the $ngineer! #he Contractor shall comply with and adhere strictly to the
$ngineer7s instructions on any matter, whether mentioned in the Contract or not, touching
or concerning the &or's! #he Contractor shall ta'e instructions only from the $ngineer
(or his delegate)!
,ro"ramme to !e S!mitted
*0!* #he Contractor shall, within )4 days after the +ate of the "etter of Acceptance, submit to
the $ngineer for his consent a programme, in such form and detail as the $ngineer shall
reasonably prescribe, for the execution of the &or's! #he Contractor shall, when(ever
required by the $ngineer, also provide in writing for his information a general description
of the arrangements and methods which the Contractor proposes to adopt for the
execution of the &or's!
Re$ised ,ro"ramme
*0!) If at any time it should appear to the $ngineer that the actual progress of the &or's does
not conform to the programme to which consent have been given under %ub(Clause
*0!*, the Contractor shall produce, at the request of the $ngineer, a revised programme
showing the modifications to such programme necessary to ensure completion of the
&or' within the #ime for Completion!
Cas4 Flo% Estimate to !e S!mitted
*0!8 #he Contractor shall, within )4 days after the date of the "etter of Acceptance, provide to
the $ngineer for his information a detailed cash flow estimate, in quarter periods, of all
payments to which the Contractor will be entitled under the Contract and the Contractor
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shall subsequently supply serviced cash flow estimates at quarterly intervals, if required
to do so by the $ngineer!
Contractor not Relie$ed of Dties or Responsi!ilities
*0!0 #he submission to and consent by the $ngineer of such programmes or the provision of
such general descriptions or cash flow estimates shall not relieve the Contractor of any of
his duties or responsibilities under the Contract!
Contractor#s Sperintendence
*-!* #he Contractor shall provide all necessary superintendence during the execution of the
&or's and as long thereafter as the $ngineer may consider necessary for the proper
fulfilling of the Contractor7s obligations under the Contract! #he Contractor, or a
competent and authorised representative approved of by the $ngineer, which approval
may at any time be withdrawn, shall give his whole time to the superintendence of the
&or's! %uch authorised representative shall receive, on behalf of the Contractor,
instructions from the $ngineer!
If approval of the representative is withdrawn by the $ngineer, the Contractor shall as
soon as is practicable, having regard to the requirement of replacing him as hereinafter
mentioned, after receiving notice of such withdrawal, remove the representative from the
&or's and shall not thereafter employ him again on the &or's in any capacity and shall
replace him by another representative approved by the $ngineer!
(an"a"e A!ility of Contractor#s Representati$e
*-!) If the Contractor7s authoriEed representative is not, in the opinion of the $ngineer, fluent
in the $nglish language, the Contractor shall have available on site at all times a
competent interpreter to ensure the proper transmission of instructions and information!
Contractor#s Employees
*3!* #he Contractor shall provide on the %ite in connection with the execution and completion
of the &or's and remedying of any defects therein:
(a) only such technical assistants as are s'illed and experienced in their respective
callings and such foremen and leading hands as are competent to give proper
superintendence of the &or's, and
(b) such s'illed, semi(s'illed and uns'illed labour as is necessary for the proper and
timely fulfilling of the Contractor7s obligations under the Contract!
En"ineer at (i!erty to O!8ect
*3!) #he $ngineer shall be at liberty to ob=ect to and require the Contractor to remove
forthwith from the &or's any person provided by the Contractor who, in the opinion of
the $ngineer, misconducts himself, or is incompetent or negligent in the proper
performance of his duties, or whose presence on %ite is otherwise considered by the
$ngineer to be undesirable, and such person shall not be again allowed upon the &or's
without the consent of the $ngineer! Any person so removed from the &or's shall be
replaced as soon as possible!
(an"a"e A!ility of Sperintendin" Staff
*3!8 A reasonable proportion of the Contractor7s superintending staff shall have a wor'ing
'nowledge of $nglish and Aietnamese language or the Contractor shall have available
on site at all times a sufficient number of competent interpreter to ensure the proper
transmission of instructions and information!
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Settin"+Ot
*@!* #he Contractor shall be responsible for:
(a) the accurate setting(out of the &or's in relation to original points, line and levels of
reference given by the $ngineer in writing,
(b) the correctness, sub=ect as above mentioned, of the position, levels, dimensions and
alignment of all parts of the &or's, and
(c) the provision of all necessary instruments, appliances and labour in connection with
the foregoing responsibilities!
If, at any time during the execution of the &or's, any error appears in the position, levels,
dimensions or alignment of any part of the &or's, the Contractor, on being required to do
so by the $ngineer, shall, at his own cost, rectify such error to the satisfaction of the
$ngineer!
#he chec'ing of any setting(out or of any line or level by the $ngineer shall not in any
way relieve the Contractor of his responsibility for the accuracy thereof and the
Contractor shall carefully protect and preserve all bench(mar's, sight(rails, pegs and
other things used in setting(out the &or's!
&ore4oles and E)ploratory E)ca$ation
*2!* If, at any time during the execution of the &or's, the $ngineer requires the Contractor to
ma'e boreholes or to carry out exploratory excavation, such requirement shall be sub=ect
of an instruction in accordance with Clause -*, unless an item or a 6rovisional %um in
respect of such wor's is included in the ill of ,uantities!
Safety1 Secrity and ,rotection of t4e En$ironment
*/!* #he Contractor shall, thought the execution and completion of the &or's and remedying
of any defects therein:
(a) have full regard for the safety of all persons entitled to be upon the %ite and 'eep the
%ite (so far as the same is under his control) and the &or's (so far as the same are not
completed or occupied by the $mployer) in an orderly state appropriate to the avoidance
of danger to such persons!
(b) provide and maintain at his own cost all lights, guards, fencing, warning signs and
watching, when and where necessary or required by the $ngineer or by any duly
constituted authority, for the protection of the &or's or for the %afety and convenience of
the public or others, and
(c) ta'e all reasonable steps to protect the environment on and off the %ite and to avoid
damage or nuisance to persons or to property of the public or others resulting from
pollution, noise or other causes arising as a consequence of his methods of operation
Employer#s Responsi!ilities
*/!) If under Clause 8* the $mployer shall carry out wor' on the %ite with his own wor'men
he shall, in respect of such wor':
(a) have full regard to the safety of all persons entitled to be upon the %ite, and
(b) 'eep the %ite in an orderly state appropriate to the avoidance of danger to such
persons!
If under Clause 8* the $mployer shall employ other contractors on the %ite he shall
require them to have the same regard for safety and avoidance of danger!
Care of .or*
)4!* #he Contractor shall ta'e full responsibility for the care of the &or's and materials and
6lant for incorporation therein from the Commencement +ate until the date of issue of
the #a'ing(;ver Certificate for the whole of the &or's, when the responsibility for the
said care shall pass to the $mployer! 6rovided that:
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(a) if the $ngineer issues a #a'ing(;ver Certificate for any %ection or part of the
6ermanent &or's, the Contractor shall cease to be liable for the care of that section or
part from the date of issue of the #a'ing(;ver Certificate, when the responsibility for the
care of that %ection or part shall pass to the $mployer, and
(b) #he Contractor shall ta'e full responsibility for the care of any outstanding &or's and
materials and 6lant for incorporation therein which he underta'es to finish during the
+efects "iability 6eriod until such outstanding &or's have been completed pursuant to
Clause 0/!
Responsi!ility to Rectify (oss or Dama"e
)4!) If any loss or damage happens to the &or's, or any part of thereof, or materials or 6lant
of incorporation therein, during the period for which the Contractor is responsible for the
care thereof, from any cause whatsoever, other than the ris's defined in %ub(Clause
)4!0, the Contractor shall, at his own cost, rectify such loss or damage so that the
6ermanent &or's conform in every respect with the provisions of the Contract to the
satisfaction of the $ngineer! #he Contractor shall also be liable for any loss or damage to
the &or's occasioned by him in the course of any operations carried out by him for the
purpose of complying with his obligations under Clause 0/ and -4!
(oss or Dama"e De to Employer#s Ris*s
)4!8 Aoid
Employer#s Ris*s
)4!0 Aoid
Insrance of .or*s and Contractor#s E/ipment
)*!* #he Contractor shall, without limiting his or the $mployer7s obligations and
responsibilities under Clause )4, insure:
(a) the &or's, together with materials and 6lant for incorporation therein, to the full
replacement cost (the term 1cost9 in this context shall include profit)
(b) the Contractor7s $quipment and other things brought onto the %ite by the Contractor,
for a sum sufficient to provide for their replacement at the %ite!
Scope of Co$er
)*!) #he issuance in paragraphs (a) and (b) of %ub(Clause )*!* shall be in the =oint names of
the Contractor and the $mployer and shall cover:
(a) the $mployer and the Contractor against all loss or damage from whatsoever cause
arising, other than as provided in %ub(Clause )*!0, from the start of wor' of the %ite until
the date of issue the relevant #a'ing (;ver Certificate in respect of the &or's or any
%ection or part thereof as the case may be, and
(b) the Contractor for his liability:
(i) during the +efects "iability 6eriod for loss or damage arising from a cause
occurring prior to the commencement of the +efects "iability 6eriod, and
(ii) for loss or damage occasioned by the Contractor in the course of any operations
carried out by him for the purpose of complying with his obligations under Clauses 0/
and -4!
Responsi!ility for Amonts not Reco$ered
)*!8 Any amounts not insured or not recovered from the insurers shall be borne by the
$mployer or the Contractor in accordance with their responsibilities under Clause )4!
E)clsions
)*!0 #here shall be no obligation for the insurances in %ub(Clause )*!* to include loss or
damage caused by:
(a) war, hostilities (whether war be declared or not), invasion, act of foreign enemies,
(b) rebellion, revolution, insurrection, or military or usurped power, or civil war,
(c) ionising radiations, or contamination by radio(activity from any nuclear fuel, or from
any nuclear waste from the combustion of nuclear fuel, radio(active toxic explosive or
other haEardous properties or any explosive nuclear assembly or nuclear component
thereof, or
(d) pressure waves caused by aircraft or other aerial devices travelling at sonic or
supersonic speeds!
Dama"e to ,ersons and ,roperty
))!* #he Contractor shall, except if and so far as the Contract provides otherwise, indemnify
the $mployer against all losses and claims in respect of:
(a) death of or in=ury to any person, or
(b) loss of damage to any property (other than the &or's),
which may arise out of or in consequence of the execution and completion of the &or's
and the remedying of any defects therein, and against all claims, proceedings, damages,
costs, charges and expenses whatsoever in respect thereof or in relation thereto, sub=ect
to the exceptions defined in %ub(Clause ))!)!
E)ceptions
))!) #he 1exceptions 1 referred to in the %ub(Clause ))!* are:
(a) the permanent use or occupation of land by the &or's, or any part thereof
(b) the right of the $mployer to execute the &or's, or any part thereof, on, over, under, in
or through any land,
(c) damage to property which is the unavoidable result of the execution and completion
of the &or's, or the remedying of any defects therein, in accordance with the Contract,
and
(d) death of or in=ury to persons or loss of or damage to property resulting from any act or
neglect of the $mployer, his agents, servants or other contractors, not being employed
by the Contractor, or in respect of any claims, proceedings, damages, cost, charges and
expenses in respect thereof or in relation thereto or, where the in=ury or damage was
contributed to by the Contractor, his servants or agents, such part of the said in=ury or
damage as may be =ust and equitable having regard to the extent of the responsibility of
the $mployer, his servants or agents or other contractors for the in=ury or damage!
Indemnity !y Employer
))!8 #he $mployer shall indemnify the Contractor against all claims, proceedings, damages,
costs, charges and expenses in respect of the matters referred to in the exceptions
defined in %ub(Clause ))!)!
T4ird ,arty Insrance 6incldin" Employer#s ,roperty7
)8!* #he Contractor shall, without limiting his or $mployer7s obligations and responsibilities
under Clause )), insure, in the =oint names of the Contractor and the $mployer, against
liabilities for death of or in=uries to any person (other than as provided in Clause )0) or
loss of or damage to any property (other than the &or's) arising out of the performance
of the Contract, other than the exceptions defined in paragraphs (a), (b), and (c) of %ub(
Clause ))!)!
-inimm Amont of Insrance
)8!) %uch insurance shall be for at least the amount stated in the Appendix to #ender!
Cross (ia!ilities
)8!8 #he insurance policy shall include a cross liability clause such that the insurance shall
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apply to the Contractor and to the $mployer as separate insureds!
Accident or In8ry to .or*men
)0!* #he $mployer shall not be liable for or in respect of any damages or compensation
payable to any wor'man or other person in the employment of the Contractor or any
%ubcontractor, other than death or in=ury resulting from any act or default of the
$mployer, his agents or servants! #he Contractor shall indemnify and 'eep indemnified
the $mployer against all such damages and compensation, other than those for which
the $mployer is liable as aforesaid, and against all claims, proceedings, damages, costs,
charges, and expenses whatsoever in respect thereof or in relation thereto!
Insrance A"ainst Accident to .or*men
)0!) #he Contractor shall insure against such liability and shall continue such insurance
during the whole of the time that any persons are employed by him on the &or's!
6rovided that, in respect of any persons employed by any %ubcontractor, the
Contractor7s obligations to insure as aforesaid under this %ub(Clause shall be satisfied if
the %ubcontractor shall have insure against the liability in respect of such persons in
such manner that the $mployer is indemnified under the policy, but the Contractor shall
require such %ubcontractor to produce to the $mployer, when required, such policy of
insurance and the receipt for the payment of the current premium!
E$idence and Terms of Insrances
)-!* #he Contractor shall provide evidence to the $mployer prior to the start of wor' at the
%ite that the insurances required under the Contract have been effected and shall, within
20 days of the Commencement +ate, provide the insurance policies to the $mployer, the
Contractor shall notify the $ngineer of so doing! %uch insurance policies shall be
consistent with the general terms agreed prior to the issue of the "etter of Acceptance!
#he Contractor shall effect all insurances for which he is responsible with insurers and in
terms approved by the $mployer!
Ade/acy of Insrances
)-!) #he Contractor shall notify the insurers of changes in the nature, extent or programme for
the execution of the &or's and ensure the adequacy of the insurances at all times in
accordance with the terms of the Contract and shall, when required, produce to the
$mployer the insurance policies in force and the receipts for payment of the current
premiums!
Remedy on Contractor#s Failre to Insre
)-!8 If the Contractor fails to effect and 'eep in force any of the insurances required under the
Contract, or fails to provide the policies to the $mployer within the period required by
%ub(Clause )-!*, then and in any such case the $mployer may effect and 'eep in force
any such insurances and pay any premium as may be necessary for that purpose and
from time to time deduct the amount so paid from any monies due or to become due to
the Contractor, or recover the same as a debt due from the Contractor!
Compliance %it4 ,olicy Conditions
)-!0 In the event that the Contractor or the $mployer fails to comply with conditions imposed
by the insurance policies effected pursuant to the Contract, each shall indemnify the
other against all losses and claims arising from such failure!
Compliance %it4 Stattes1 Re"lations
)3!* #he Contractor shall conform in all respects, including by the giving of all notices and the
paying of all fees, with the provisions of:
(a) any Dational or %tate %tatute, ;rdinance, or other "aw, or any regulation, or bye(law
of any local or other duly constituted authority in relation to the execution and completion
of the &or's and the remedying of any defects therein, and
(b) the rules and regulations of all public bodies and companies whose property or rights
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are affected or may be affected in any way by the &or's,
and the Contractor shall 'eep the $mployer indemnified against all penalties and liability
of every 'ind for the breach of any such provisions! 6rovided always that the $mployer
shall be responsible for obtaining any planning, Eoning or other similar permission
required for the &or's to proceed and shall indemnify the Contractor in accordance with
%ub(Clause ))!8!
Fossils
)@!* Aoid
,atent Ri"4ts
)2!* #he Contractor shall save harmless and indemnify the $mployer from and against all
claims and proceeding for or on account of infringement of any patent rights, design
trademar' or name or other protected rights in respect of any Contractor7s $quipment,
materials or 6lant used for or in connection with or for incorporation in the &or's and
from and against all damages, costs, charges and expenses whatsoever in respect
thereof or in relation thereto, except where such infringement results from compliance
with the design or %pecification provided by the $ngineer
Royalties
)2!) $xcept where otherwise stated, the Contractor shall pay all tonnage and other royalties,
rent and other payments or compensation, if any, for getting stone, sand, gravel, clay or
other materials required for the &or's!
Interference %it4 Traffic and Ad8oinin" ,roperties
)/!* All operations necessary for the execution and completion of the &or's and the
remedying of any defects therein shall, so far as compliance with the requirements of the
Contract permits, be carried on so as not to interfere unnecessarily or improperly with:
(a) the convenience of the public, or
(b) the access to, use and occupation of public or private roads and footpaths to or of
properties whether in the possession of the $mployer or any other person!
#he Contractor shall same harmless and indemnify the $mployer in respect of all claims,
proceedings, damages, costs, charges and expenses whatsoever arising out of, or in
relation to, any such matters in so far as the Contractor is responsible therefore!
A3oidance of Dama"e to Roads
84!* #he Contractor shall use every reasonable means to prevent any of the roads or bridges
communicating with or on the routes to the %ite from being damaged or in=ured by any
traffic of the Contractor or any of his %ubcontractors and, in particular, shall select routes,
choose and use vehicles and restrict and distribute loads so that any such extraordinary
traffic as will inevitably arise from the moving of materials, 6lant, Contractor7s $quipment
or #emporary &or's from and to the %ite shall be limited, as far as reasonably possible,
and so that no unnecessary damage or in=ury may be occasioned to such roads and
bridges!
Transport of Contractor#s E/ipment or Temporary .or*s
84!) %ave insofar as the Contract otherwise provides, the Contractor shall be responsible for
and shall pay the cost of strengthening any bridges or altering or improving any road
communicating with or on the routes to the %ite to facilitate the movement of the
Contractor7s $quipment or #emporary &or's and the Contractor shall indemnify and
'eep indemnified the $mployer against all claims for damage to any such road or bridge
caused by such movement, including such claims as may be may directly against the
$mployer, and shall negotiate and pay all claims arising solely out of such damage!
Transport of -aterials or ,lant
84!8 If, notwithstanding %ub(Clause 84!* any damage occurs to any bridge or road
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communicating with or on the routes to the %ite arising from the transport of materials or
6lant, the Contractor shall notify the $ngineer with a copy to the $mployer, as soon as he
becomes aware of such damage or as soon as he receives any claim from the authority
entitled to ma'e such claim! &here under any law or regulation the haulier of such
materials or 6lant is required to indemnify the road authority against damage the
$mployer shall not be liable for any costs, charges or expenses in respect thereof or in
relation thereto! In other cases the $mployer shall negotiate the settlement of and pay all
sums due in respect of such claim and shall indemnify the Contractor in respect thereof
and in respect of all claims, proceedings, damages, costs, charges and expenses in
relation thereto! 6rovided that if and so far as any such claim or part thereof is, in the
opinion of the $ngineer, due to any failure on the part of the Contractor to observe and
perform his obligations under %ub(Clause 84!*, then the amount, determined by the
$ngineer after due consultation with the $mployer and the Contractor, to be due to such
failure shall be recoverable from the Contractor by the $mployer and may be deducted
by the $mployer from any monies due or to become due to the Contractor and the
$ngineer shall notify the Contractor accordingly, with a copy to the $mployer! 6rovided
also that the $mployer shall notify the Contractor whenever a settlement is to be
negotiated and, where any amount may be due from the Contractor, the $mployer shall
consult with the Contractor before such settlement is agreed!
.ater!orne Traffic
84!0 &here the nature of the &or's is such as to require the use by the Contractor of
waterborne transport the foregoing provision of this Clause shall be construed as though
1road9 include a loc', doc', sea wall or other structure related to a waterway and
1vehicle9 included craft, and shall have effect accordingly!
Opportnities for Ot4er Contractor
8*!* #he Contractor shall, in accordance with the requirements of the $ngineer, afford all
reasonable opportunities for carrying out their wor' to:
(a) any other contractors employed by the $mployer and their wor'men,
(b) the wor'men of the $mployer, and
(c) the wor'men of any duly constituted authorities who may be employed in the
execution on or near the %ite of any wor' not included in the Contract or of any contract
which the $mployer may enter into in connection with or ancillary to the &or's!
Facilities for Ot4er Contractors
8*!) If, however, pursuant to %ub(Clause 8*!* the Contractor shall, on the written request of
the $ngineer:
(a) ma'e available to any such other contractor, or to the $mployer or any such authority,
any roads or ways for the maintenance of which the Contractor is responsible,
(b) permit the use, by any such, of #emporary &or's or Contractor7s $quipment on the
%ite, or
(c) provide any other service of whatsoever nature for any such,
the $ngineer shall determine an addition to the Contract 6rice in accordance with Clause
-) and shall notify the Contractor accordingly, with a copy to the $mployer!
Contractor to 9eep Site Clear
8)!* +uring the execution of the &or's the Contractor shall 'eep the %ite reasonably free
from all unnecessary obstruction and shall store or dispose of any Contractor7s
$quipment and surplus materials and clear away and remove from the %ite any
wrec'age, rubbish or #emporary &or's no longer required!
Clearance of Site on Completion
88!* Bpon the issue of any #a'ing(;ver Certificate the Contractor shall clear away and
remove from that part of the %ite to which such #a'ing(;ver Certificate relates all
Contractor7s $quipment, surplus material, rubbish and #emporary &or's of every 'ind,
and leave such part of the %ite and &or's clean and in a wor'manli'e condition to the
satisfaction of the $ngineer! 6rovided that the Contractor shall be entitled to retain on the
%ite, until the end of the +efects "iability 6eriod, such materials, Contractor7s $quipment
and #emporary &or's as are required by him for the purpose of fulfilling his obligations
during the +efects "iability 6eriod!
(A&O5R
En"a"ement of Staff and (a!or
80!* Aoid!
Compliance %it4 (a!or (a%
80!) Aoid!
Retrns of (a!or and Contractor#s E/ipment
8-!* Aoid!
-ATERIA(S1 ,(ANT AND .OR9-ANS0I,
'ality of -aterials1 ,lant and .or*mans4ip
83!* All materials, 6lant and wor'manship shall be:
(a) of the respective 'inds described in the Contract and in accordance with the
$ngineer7s instructions, and
(b) sub=ected from time to time to such tests as the $ngineer may required at the place of
manufacture, fabrication or preparation, or on the %ite or at such other place or places as
may be specified in the Contract, or at all or any such places!
#he Contractor shall provide such assistance, labour, electricity, fuels, stores, apparatus
and instruments as are normally required for examining, measuring and testing any
materials or 6lant and shall supply samples of materials, before incorporation in the
&or's, for testing as may be selected and required by the $ngineer!
Cost of Samples
83!) All samples shall be supplied by the Contractor at his own cost if the supply thereof is
clearly intended by or provided for in the Contract!
Cost of Tests
83!8 #he cost of ma'ing any test shall be borne by the Contractor if such test is:
(a) clearly intended by or provided for in the Contract, or
(b) particularised in the Contract (in cases only of a test under load or of a test to
ascertain whether the design of any finished or partially finished wor' is appropriate for
the purposes which it was intended to fulfil) in sufficient detail to enable the Contractor to
price or allow for the same in his #ender!
Cost of Tests not ,ro$ided for
83!0 Aoid!
En"ineer#s Determination %4ere Tests not ,ro$ide for
83!- Aoid!
Inspection of Operations
8@!* #he $ngineer, and any person authorised by him, shall at all reasonable times have
access to the %ite and to all wor'shops and place where the materials or 6lant are being
manufactured, fabricated or prepared for the &or's and the Contractor shall afford every
facility for and every assistance in obtaining the right to such access!
Inspection and Testin"
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8@!) #he $ngineer shall be entitled, during manufacture, fabrication or preparation to inspect
and test the materials and 6lant to be supplied under the Contract! If materials or 6lant
are being manufactured, fabricated or prepared in wor'shops or places other than those
of the Contractor, the Contractor shall obtain permission for the $ngineer to carry out
such inspection and testing in those wor'shops or places! %uch inspection or testing
shall not release the Contractor from any obligation under the Contract!
Dates for Inspection and Testin"
8@!8 #he Contractor shall agree with the $ngineer on the time and place for the inspection or
testing of any materials or 6lant as provided in the Contract! #he $ngineer shall give the
Contractor not less than )0 hours notice of his intention to carry out the inspection or to
attend the tests! If the $ngineer, or his duly authorised representative, does not attend on
the date agreed, the Contractor may, unless otherwise instructed by the $ngineer,
proceed with the tests, which shall be deemed to have been made in the presence of the
$ngineer! #he Contractor shall forthwith forward to the $ngineer duly certified copies of
the test readings! If the $ngineer has not attended the tests, he shall accept the said
reading as accurate!
Re8ection
8@!0 If, at the time and place agreed accordance with %ub(Clause 8@!8, the materials or 6lant
are not ready for inspection or testing or if, as a result of the inspection or testing referred
to in this Clause, the $ngineer determines that the materials or 6lant are defective or
otherwise not in accordance with the Contract, he may re=ect the materials or 6lant and
shall notify the Contractor thereof immediately! #he notice shall state the $ngineer7s
ob=ections with reasons! #he Contractor shall then promptly ma'e good the defect or
ensure that re=ected materials or 6lant comply with the Contract! If the $ngineer so
requests, the test of re=ected materials or 6lant shall be made or repeated under the
same terms and conditions! All costs incurred by the $mployer by the repetition of the
tests shall, after due consultation with the $mployer and the Contractor, be determine by
the $ngineer and shall be recoverable from the Contractor by the $mployer and may be
deducted from any monies due or to become due to the Contractor and the $ngineer
shall notify the Contractor accordingly, with a copy to the $mployer!
Independent Inspection
8@!- #he $ngineer may delegate inspection and testing of materials or 6lant to an
independent inspector! Any such delegation shall be effected in accordance with %ub(
Clause )!0 and for this purpose such independent inspector shall be considered as an
assistant of the $ngineer! Dotice of such appointment (not being less than *0 days) shall
be given by the $ngineer to the Contractor!
E)amination of .or* !efore Co$erin" p
82!* Do part of the &or's shall be covered up or put out of the view without the approval of
the $ngineer and the Contractor shall afford full opportunity for the $ngineer to examine
and measure any such part of the &or's which is about to be covered up or put out of
view and to examine foundations before any part of the &or's is placed thereon! #he
Contractor shall give notice to the $ngineer whenever any such part of the &or's or
foundations is or are ready or about to be ready for examination and the $ngineer shall,
without unreasonable delay, unless he considers it unnecessary and advises the
Contractor accordingly, attend for the purpose of examining and measuring such part of
the &or's or of examining such foundations!
5nco$erin" and -a*in" Openin"s
82!) #he Contractor shall uncover any part of the &or's or ma'e openings in or through the
same as the $ngineer may from time to time instruct and shall reinstate and ma'e good
such part! If any such part has been covered up or put out of view after compliance with
the requirement of %ub(Clause 82!* and is found to be executed in accordance with the
Contract, the $ngineer shall, after due consultation with the $mployer and the
Contractor, determine the amount of the Contractor7s costs in respect of such of
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uncovering, ma'ing openings in or though, reinstating and ma'ing good the same, which
shall be added to the Contract 6rice, and shall notify the Contractor accordingly, with a
copy to the $mployer! In any other case all cost shall be borne by the Contractor!
Remo$al of Improper .or*1 -aterials or ,lant
8/!* #he $ngineer shall have authority to issue instructions from time to time, for:
(a) the removal from the %ite, within such time or times as may be specified in the
instruction, of any materials or 6lant which, in opinion of the $ngineer, are not in
accordance with the Contract,
(b) the substitution on of proper and suitable materials or 6lant, and
(c) the removal and proper re(execution, notwithstanding any previous test thereof or
interim payment therefor, of any wor' which, in respect of
(i) materials, 6lant or wor'manship, or
(ii) design by the Contractor or for which he is responsible,
is not, in the opinion of the $ngineer, in accordance with the Contract!
Defalt of Contractor in Compliance
8/!) In case of default on the part of the Contractor in carrying out such instruction within the
time specified therein or, if none, within a reasonable time, the $mployer shall be entitled
to employ and pay other person to carry out the same and all cost consequent thereon or
incidental thereto shall, after due consultation with the $mployer and the Contractor, be
determined by the $ngineer and shall be recoverable from the Contractor by the
$mployer, and may be deducted by the $mployer from any monies due or to become
due to the Contractor and the $ngineer shall notify the Contractor accordingly, with a
copy to the $mployer!
S5S,ENSION
Sspension of .or*
04!* #he Contractor shall, on the instructions of the $ngineer, suspend the progress of the
&or's or any part thereof for such time and in such manner as the $ngineer may
consider necessary and shall, during such suspension, properly protect and secure the
&or's or such part thereof so far as is necessary in the opinion of the $ngineer!
En"ineer#s Determination follo%in" Sspension
04!) Aoid!
Sspension lastin" more t4an :; Days
04!8 Aoid!
CO--ENCE-ENT AND DE(A<S
Commencement of .or*s
0*!* #he Contractor shall commence the &or's as soon as is reasonably possible after the
receipt by him of a notice to this effect from the $ngineer, which notice shall be issued
within the time stated in Appendix to #ender after the date of the "etter of Acceptance!
#hereafter, the Contractor shall proceed with the &or's with due expedition and without
delay!
,ossession of Site and Access T4ereto
0)!* %ave insofar as the Contract may prescribe:
(a) the extent of portions of the %ite of which the Contractor is to be given possession
from time to time,
(b) the order in which such portions shall be made available to the Contractor,
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and, sub=ect to any requirement in the Contract as to the order in which the &or's shall
be executed, the $mployer will, with the $ngineer7s notice to commence the &or's, give
to the Contractor possession of,
(c) so much of the %ite, and
(d) such access as, in accordance with the Contract, is to be provided by the $mployer
as may be required to enable the Contractor to commence and proceed with the
execution of the &or's in accordance with the programme referred to in Clause *0, if
any, and otherwise in accordance with such reasonable proposals as the Contractor
shall, by notice to the $ngineer with a copy to the $mployer, ma'e! #he $mployer will,
from time to time as the &or's proceed, give to the Contractor possession of such
further portions of the %ite as may be required to enable the Contractor to proceed with
the execution of the &or's with due dispatch in accordance with such programme or
proposals, as the case may be!
Failre to 2i$e ,ossession
0)!) If the Contractor suffers delay andFor incurs costs from failure on the part of the $mployer
to give possession in accordance with the terms of %ub(Clause 0)!*, the $ngineer shall,
after due consultation with the $mployer and the Contractor, determine:
(a) any extension of time to which the Contractor is entitled under Clause 00, and
(b) the amount of such costs, which shall be added to the Contract 6rice
and shall notify the Contractor accordingly, with a copy to the $mployer!
Ri"4ts of .ay and Facilities
0)!8 #he Contractor shall bear all costs and charges for special or temporary rights of way
required by him in connection with access to the %ite! #he Contractor shall also provide
at his own cost any additional facilities outside the %ite required by him for the purposes
of the &or's!
Time for Completion
08!* #he whole of the &or's and, if use, any %ection required to be completed within a
particular time as stated in the Appendix to #ender, shall be completed, in accordance
with the provisions of Clause 02, within the time stated in the Appendix to #ender for the
whole of the &or's or the %ection (as the case may be), calculated from the
Commencement +ate, or such extended time as may be allowed under clause 00!
E)tension of Time for Completion
00!* Aoid!
Contractor to ,ro$ide Notification and Detailed ,articlars
00!) 6rovided that the $ngineer is not bound to ma'e any determination unless the Contractor
has
(a) within )2 days after such event has first arisen notified the $ngineer with a copy to
the $mployer, and
(b) within )2 days, or such other reasonable time as may be agreed by the $ngineer,
after such notification submitted to the $ngineer detailed particulars of any extension of
time to which he may consider himself entitled in order that such submission may be
investigated at the time!
Interim Determination of E)tension
00!8 Aoid!
Restriction on .or*in" 0ors
0-!* Aoid!
Rate of ,ro"ress
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03!* If for any reason, which does not entitle the Contractor to an extension of time, the rate of
progress of the &or's or any %ection is at any time, in the opinion of the $ngineer, too
slow to comply with the #ime for Completion, the $ngineer shall so notify the Contractor
who shall thereupon ta'e such steps as are necessary, sub=ect to the consent of the
$ngineer, to expedite progress so as to comply with the #ime for Completion! #he
Contractor shall not be entitled to any additional payment for ta'ing such steps!
(i/idated Dama"e for Delay
0@!* If the Contractor fails to comply with the #ime for Completion in accordance with Clause
02, for the whole of the &or's or, if use, any section within the relevant time prescribed
by the Clause 08, then the Contractor shall pay to the $mployer the relevant sum stated
in the Appendix to #ender as liquidated damages for such default and not as a penalty
(which sum shall be the only monies due from the Contractor for such default) for every
day or part of a day which shall elapse between the relevant #ime for Completion and the
date stated in a #a'ing(;ver Certificate of the whole of &or's or the relevant %ection,
sub=ect to the use limit stated in the Appendix to #ender! #he $mployer may, without
pre=udice to any other method of recovery, deduct the amount of such damages from any
monies due or to become due to the Contractor! #he payment or deduction of such
damages shall not relieve the Contractor from his obligation to complete the &or's, or
from any other of his obligations and liabilities under the Contract!
Redction of (i/idated Dama"es
0@!) Aoid!
Ta*in"+O$er Certificate
02!* &hen the whole of the &or's have been substantially completed and have satisfactorily
passed any #ests on Completion prescribed by the Contract, the Contractor may give a
notice to that effect to the $ngineer, with a copy to the $mployer, accompanied by a
written underta'ing to finish with due expedition any out standing wor' during the +efects
"iability 6eriod! %uch notice and underta'ing shall be deemed to be a request by the
Contractor for the $ngineer to issue a #a'ing(;ver Certificate in respect of the &or's!
#he $ngineer shall within )* days of the date of delivery of such notice, either issue to
the Contractor, with a copy to the $mployer, a #a'ing(;ver Certificate, stating the date
on which, in his opinion, the &or's were substantially completed in accordance with the
Contract, or give instruction in writing to the Contractor specifying all the &or's which, in
the $ngineer7s opinion, is required to be done by the Contractor before the issue of such
Certificate! #he $ngineer shall also notify the Contractor of any defects in the &or's
affecting substantial completion that may appear after such instructions and before
completion of the &or's specified therein! #he Contractor shall be entitled to receive
such #a'ing(;ver Certificate within )* days of completion, to the satisfaction of the
$ngineer, of the &or's so specified and remedying any defects so notified!
Ta*in"+O$er of Section or ,arts
02!) %imilarly, in accordance with the procedure set out in %ub(Clause 02!*, the Contractor
may request and the $ngineer shall issue a #a'ing(;ver Certificate in respect of:
(a) any %ection in respect of which a separate #ime for Completion is provided in the
Appendix to #ender,
(b) any substantial part of the 6ermanent &or's which has been both completed to the
satisfaction of the $ngineer and, otherwise than as provided for in the Contract, occupied
or used by the $mployer, or
(c) any part of the 6ermanent &or's which the $mployer has elected to occupy or use
prior to completion (where such prior occupation or use is not provided for in the Contract
or has no been agreed by the Contractor as a temporary measure)!
S!stantial Completion of ,arts
02!8 If any part of the 6ermanent &or's has been substantially completed and has
satisfactorily passed any #est on Completion prescribed by the Contract, the $ngineer
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may issue a #a'ing(;ver Certificate in respect of that part of the 6ermanent &or's
before completion of the whole of the &or's and, upon the issue of such Certificate, the
Contractor shall be deemed to have underta'en to complete with due expedition any
outstanding wor' in that part of the 6ermanent &or's during the +efects "iability 6eriod!
Srfaces Re/irin" Reinstatement
02!0 6rovided that a #a'ing(;ver Certificate given in respect of any %ection or part of the
6ermanent &or's before completion of the whole of the &or's shall not be deemed to
certify completion of any ground or surfaces requiring reinstatement, unless such #a'ing(
;ver Certificate shall expressly so state!
DEFECTS (IA&I(IT<
Defects (ia!ility ,eriod
0/!* In these Conditions the expression 1+efects "iability 6eriod9 shall mean the defects
liability period named in the Appendix to #ender, calculated from the date of completion
of the &or's certified by the $ngineer in accordance with Clause 02,
and in the relation to the +efects "iability 6eriod the expression 1the &or's9 shall be
construed accordingly!
Completion of Otstandin" .or* and Remedyin" Defects
0/!) #o the intent that the &or's shall, at or at soon as practicable after the expiration of the
+efects "iability 6eriod, be delivered to the $mployer in the condition required by the
Contract, fair wear and tear excepted, to the satisfaction of the $ngineer, the Contractor
shall:
(a) complete the wor', if any, outstanding on the date stated in the #a'ing(;ver
Certificate as soon as practicable after such date, and
(b) execute all such wor' of amendment, reconstruction, and remedying defects,
shrin'ages or other faults as the $ngineer may during the +efects "iability 6eriod or
within *0 days after its expiration, as a result of an inspection made by or on behalf of the
$ngineer prior to its expiration, instruct the Contractor to execute!
Cost of Remedyin" Defects
0/!8 All wor' referred to in %ub(Clause 0/!) (b) shall be executed by the Contractor at his own
cost if the necessity thereof is, in the opinion of the $ngineer, due to:
(a) the use of materials, 6lant or wor'manship not in accordance with the Contract,
(b) where the Contractor is responsible for the design of part of the 6ermanent &or's,
any fault in such design, or
(c) the neglect or failure on the part of the Contractor to comply with any obligation,
expressed or implied, on the Contractor7s part under the Contract!
Contractor#s Failre to Carry Ot Instrctions
0/!0 In case of default on the part of the Contractor in carrying out such instruction within a
reasonable time, the $mployer shall be entitled to employ and pay other persons to carry
out the same and if such wor' is wor' which, in the opinion of the $ngineer, the
Contractor was liable to do at his own cost under the Contract, then all costs consequent
thereon or incidental thereto shall, after due consultation with the $mployer and the
Contractor, be determined by the $ngineer and shall be recoverable from the Contractor
by the $mployer, and may be deducted by the $mployer from any monies due or to
become due to the Contractor and the $ngineer shall notify the Contractor accordingly,
with a copy to the $mployer!
Contractor to Searc4
-4!* If any defect, shrin'age or other fault in the &or's appears at any time prior to the end of
the +efects "iability 6eriod, the $ngineer may instruct the Contractor, with a copy to the
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$mployer, to search under the directions of the $ngineer for the cause thereof! Bnless
such defect, shrin'age or other fault is one for which the Contractor is liable under the
Contract, the $ngineer shall, after due consultation with the $mployer and the
Contractor, determine the amount in respect of the costs of such search incurred by the
Contractor, which shall be added to the Contract 6rice and shall notify the Contractor
accordingly, with a copy to the $mployer! If such defect, shrin'age or other fault is one
for which the Contractor is liable, the cost of the wor' carried out in searching as
aforesaid shall be borne by the Contractor and he shall in such case remedying such
defect, shrin'age or other fault at his own cost in accordance with the provisions of
Clause 0/!
A(TERATIONS1 ADDITIONS AND O-ISSIONS
3ariations
-*!* #he $ngineer shall ma'e any variation of the form, quality or quantity of the &or's or any
part thereof that may, in his opinion, be necessary and for that purpose, or if for any other
reason it shall, in his opinion, be appropriate, he shall have the authority to instruct the
Contractor to do and the Contractor shall do any of the following:
(a) increase or decrease the quantity of any wor' include in the Contract,
(b) omit any such wor' (but not if the omitted wor' is to be carried out by the $mployer or
by another contractor),
(c) change the character or quality or 'ind of any such wor',
(d) change the levels, lines, position and dimensions of any part of the &or's
(e) execute additional wor' of any 'ind necessary for the completion of the &or's, or
(f) change any specified sequence or timing of construction of any part of the &or's!
Do such variation shall in any way vitiate or invalidate the Contract, but the effect, if any,
of all such variations shall be valued in accordance with Clause -)! 6rovided that where
the issue of an instruction to vary the &or's is necessitated by some default of or breach
of contract by the Contractor or for which he is responsible, any additional cost
attributable to such default shall be borne by the Contractor!
Instrctions for 3ariations
-*!) #he Contractor shall not ma'e any such variation without an instruction of the $ngineer!
6rovided that no instruction shall be required for increase or decrease in the quantity of
any wor' where such increase or decrease is not the result of an instruction given under
this Clause, but is the result of the quantities exceeding or being less than those stated in
the ill of ,uantities!
3alation of 3ariations
-)!* All variation referred to in Clause -* and any additions to the Contract 6rice which are
required to be determined in accordance with the Clause -) (for the purpose of this
Clause referred to as 1varied wor'9), shall be valued at the rates and prices set out in the
Contract if, in the opinion of the $ngineer, the same shall be use! If the Contract does not
contain any rates or prices use to the varied wor', the rates and prices in the Contract
shall be used as the basis for valuation so far as may be reasonable, failing which, after
due consultation by the $ngineer with the $mployer and the Contractor, suitable rates or
prices shall be agreed upon between the $ngineer and the Contractor! In the event of
disagreement the $ngineer shall fix such rates or prices as are, in his opinion,
appropriate and shall notify the Contractor accordingly, with a copy to the $mployer! Bntil
such time as rates or prices are agreed or fixed, the $ngineer shall determine provisional
rates or prices to enable on(account payments to be included in certificates issued in
accordance with Clause 34!
,o%er of En"ineer to Fi) Rates
-)!) 6rovided that if the nature or amount of any varied wor' relative to the nature or amount
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of the whole of the &or's or to any part thereof, is such that, in the opinion of the
$ngineer, the rate or price contained in the Contract for any item of the &or's is, by
reason of such varied wor', rendered inappropriate or inuse, then, after due consultation
by the $ngineer with the $mployer and the Contractor, a suitable rate or price shall be
agreed upon between the $ngineer and the Contractor! In the event of disagreement the
$ngineer shall fix such other rate or price as is, in his opinion, appropriate and shall notify
the Contractor accordingly, with a copy to the $mployer! Bntil such time as rates or
prices agreed or fixed, the $ngineer shall determine provisional rates or prices to enable
on(account payments to be included in certificates issued in accordance with Clause 34!
6rovided also that no varied wor' instructed to be done by the $ngineer pursuant to
Clause -* shall be valued under %ub(Clause -)!* or under this %ub(Clause unless,
within *0 days of the date of such instruction and, other than in the case of omitted wor',
before the commencement of the varied wor', notice shall have been given either:
(a) by the Contractor to the $ngineer of his intention to claim extra payment or a varied
rate or price, or
(b) by the $ngineer to the Contractor of his intention to vary a rate or price!
3ariations E)ceedin" = percent
-)!8 If, on the issue of the #a'ing(;ver Certificate for the whole of the &or's, it is found that
as a result of:
(a) all varied wor' valued under %ub(Clauses -)!* and -)!), and
(b) all ad=ustments upon measurement of the estimated quantities set out in the ill of
,uantities, excluding 6rovisional %ums, daywor's and ad=ustments of price made under
Clause @4,
but not from any other cause, there have been additions to or deductions from the
Contract 6rice which ta'en together are in excess of 5 percent of the 1$ffective Contract
6rice 1 (which for the purposes of this %ub(Clause shall mean the Contract 6rice,
excluding 6rovisional %ums and allowance for daywor's, if any) then and in such event
(sub=ect to any action already ta'en under any other %ub(Clause of this Clause), after
due consultation by the $ngineer with the $mployer and the Contractor, there shall be
added to or deducted from the Contract 6rice such further sum as may be agreed
between the Contractor and the $ngineer or, failing agreement, determined by the
$ngineer having regard to the Contractor7s %ite and general overhead costs of the
Contract! #he $ngineer shall notify the Contractor of any determination made under this
%ub(Clause, with a copy to the $mployer! %uch sum shall be based only on the amount
by which such additions or deductions shall be in excess of 5 percent of the $ffective
Contract 6rice!
Day%or*
-)!0 #he $ngineer may, if in his opinion it is necessary or desirable, issue an instruction that
any varied wor' shall be executed on a daywor' basis! #he Contractor shall then be paid
for such varied wor' under the terms set out in the daywor' schedule included in the
Contract and at the rates and prices affixed thereto by him in the #ender!
#he Contractor shall furnish to the $ngineer such receipts or other vouchers as may be
necessary to prove the amounts paid and, before ordering materials, shall submit to the
$ngineer quotations for the same for his approval!
In respect of such of the &or's executed on a daywor' basis, the Contractor shall,
during the continuance of such wor', deliver each day to the $ngineer an exact list in
duplicate of the names, occupation and time of all wor'men employed on such wor' and
a statement, also in duplicate, showing the description and quantity of all materials and
Contractor7s $quipment used thereon or thereof other than Contractor7s $quipment which
is included in the percentage addition in accordance with such daywor' schedule! ;ne
copy of each list and statement will, if correct, or when agreed, be signed by the
$ngineer and returned to the Contractor!
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At the end of each month the Contractor shall deliver to the $ngineer a priced statement
of the labour, materials and Contractor7s $quipment, except as aforesaid, used and the
Contractor shall not be entitled to any payment unless such lists and statements have
been fully and punctually rendered! 6rovided always that if the $ngineer considers that
for any reason the sending of such lists or statements by the Contractor, in accordance
with the foregoing provision, was impracticable he shall nevertheless be entitled to
authorise payment for such wor', either as daywor', on being satisfied as to the time
employed and the labour, materials and Contractor7s $quipment used on such wor', or at
such value therefor as shall, in his opinion, be fair and reasonable!
,ROCED5RE FOR C(AI-S
Notice of Claims
-8!* Dotwithstanding any other provision of the Contract, if the Contractor intends to claim any
additional payment pursuant to any Clause of these Conditions or otherwise, he shall
give notice of his intention to the $ngineer, with a copy to the $mployer, within )2 days
after the event giving rise to the claim has first arisen!
Contemporary Records
-8!) Bpon the happening of the event referred to in %ub(Clause -8!*, the Contractor shall
'eep such contemporary records as may reasonably be necessary to support any claim
he may subsequently wish to ma'e! &ithout necessarily admitting the $mployer7s
liability, the $ngineer shall, on a receipt of a notice under %ub(Clause -8!*, inspect such
contemporary records and may instruct the Contractor to 'eep any further contemporary
records as are reasonable and may be material to the claim of which notice has been
given! #he Contractor shall permit the $ngineer to inspect all records 'ept pursuant to
this %ub(Clause and shall supply him with copies thereof as and when the $ngineer so
instructs!
S!stantiation of Claims
-8!8 &ithin )2 days, or such other reasonable time as may be agreed by the $ngineer, of
giving notice under %ub(Clause -8!*, the Contractor shall send to the $ngineer an
account giving detailed particulars of the amount claimed and the grounds upon which
the claim is based! &here the event giving rise to the claim has a continuing effect, such
account shall be considered to be an interim account and the Contractor shall, at such
intervals as the $ngineer may reasonable require, send further interim accounts giving
the accumulated amount of the claim and any further grounds upon which it is based! In
cases where interim accounts are sent to the $ngineer, the Contractor shall send a final
account within )2 days of the end of the effects resulting from the event! #he Contractor
shall, if required by the $ngineer so to do, copy to the $mployer all accounts sent to the
$ngineer pursuant to this %ub(Clause!
Failre to Comply
-8!0 If the Contractor fails to comply with any of the provisions of this Clause in respect of any
claim which he see's to ma'e, his entitlement to payment in respect thereof shall not
exceed such amount as the $ngineer or any arbitrator or arbitrators appointed pursuant
to %ub(Clause 3@!8 assessing the claim considers to be verified by contemporary records
(whether or not such records were brought to the $ngineer7s notice as required under
%ub(Clause -8!) and -8!8)!
,ayment of Claims
-8!- #he Contractor shall be entitled to have included in any interim payment certified by the
$ngineer pursuant to Clause 34 such amount in respect of any claim as the $ngineer,
after due consultation with the $mployer and the Contractor, may consider due to the
Contractor provided that the Contractor has supplied sufficient particulars to enable the
$ngineer to determine the amount due! If such particulars are insufficient to substantiate
the whole of the claim, the Contractor shall be entitled to payment in respect of such part
of the claim as such particulars may substantiate to the satisfaction of the $ngineer! #he
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$ngineer shall notify the Contractor of any determination made under this %ub(Clause,
with a copy to the $mployer!
CONTRACTOR#S E'5I,-ENT1 TE-,ORAR< .OR9S AND -ATERIA(S
Contractor#s E/ipment1 Temporary .or*s and -aterials>
E)clsi$e 5se for t4e .or*s
-0!* All Contractor7s $quipment, #emporary &or's and materials provided by the Contractor
shall, when brought on to the %ite, be deemed to be exclusively intended for the
execution of the &or's and the Contractor shall not remove the same of any part thereof,
except for the purpose of moving it from one part of the %ite to another, without the
consent of the $ngineer! 6rovided that consent shall not be required for vehicles
engaged in transporting any staff, labour, Contractor7s $quipment, #emporary &or's,
6lant or materials to or from the %ite!
Employer not (ia!le for Dama"e
-0!) #he $mployer shall not at any time be liable, save as mentioned in Clauses )4 and 3-,
for the loss of or damage to any of the said Contractor7s $quipment, #emporary &or's or
materials!
Cstoms Clearance
-0!8 #he $mployer will use his best endeavours in assisting the Contractor, where required, in
obtaining clearance through the Customs of Contractor7s $quipment, materials and other
things required for the &or's!
Re+e)port of Contractor#s E/ipment
-0!0 In respect of any Contractor7s $quipment which the Contractor has imported for the
purposes of the &or's, the $mployer will use his best endeavours to assist the
Contractor, where required, in procuring any necessary Government consent to the re(
export of such Contractor7s $quipment by the Contractor upon the removal thereof
pursuant to the terms of the Contract!
Conditions of 0ire of Contractor#s E/ipment
-0!- &ith a view to securing, in the event of termination under Clause 38, the continued
availability, for the purpose of the executing the &or's, of any hired Contractor7s
$quipment, the Contractor shall not bring on to the %ite any hired Contractor7s $quipment
unless there is an agreement for the hire thereof (which agreement shall be deemed not
to include an agreement for hire purchase) which contains a provision that the owner
thereof will, on request in writing made by the $mployer within @ days after the date on
which any termination has become effective, and on the $mployer underta'ing to pay all
hire charges in respect thereof from such date, hire such Contractor7s $quipment to the
$mployer on the same terms in all respects as the same was hired to the Contractor
save that the $mployer shall be entitled to permit the use thereof by any other contractor
employed by him for the purpose of executing and completing the &or's and remedying
any defects therein, under the term of the said Clause 38!
Costs for t4e ,rpose of Clase ?@
-0!3 In the event of the $mployer entering into any agreement for the hire of Contractor7s
$quipment pursuant to %ub(Clause -0!-, all sums properly paid by the $mployer under
the provisions of any such agreement and all costs incurred by him (including stamp
duties) in entering into such agreement shall be deemed, for the purpose of Clause 38, to
be part of the cost of executing and completing the &or's and the remedying of any
defects therein!
Incorporation of Clase in S!contracts
-0!@ #he Contractor shall, where entering into any subcontract for the execution of any part of
the &or's, incorporate in such subcontract (by reference or otherwise) the provisions of
this Clause in relation to Contractor7s $quipment, #emporary &or's or materials brought
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on to the %ite by the %ubcontractor!
Appro$al of -aterials not Implied
-0!2 #he operation of this Clause shall not be deemed to imply any approval by the $ngineer
of the materials or other matter referred to therein nor shall it prevent the re=ection of any
such materials at any time by the $ngineer!
-EAS5RE-ENT
'antities
--!* #he quantities set out in the ill of ,uantities are the estimated quantities for the &or's,
and they are not to be ta'en as the actual and correct quantities of the &or's to be
executed by the Contractor in fulfilment of his obligations under the Contract!
.or*s to !e -easred
-3!* #he $ngineer shall, except as otherwise stated, ascertain and determine by
measurement the value of the &or's in accordance with the Contract and the Contractor
shall be paid that value in accordance with Clause 34! #he $ngineer shall, when he
requires any part of the &or's to be measured, give reasonable notice to the
Contractor7s authorised agent, who shall:
(a) forthwith attend or send a qualified representative to assist the $ngineer in ma'ing
such measurement, and
(b) supply all particulars required by the $ngineer:
%hould the Contractor not attend, or neglect or omit to send such representative, then the
measurement made by the $ngineer or approved by him shall be ta'en to be the correct
measurement of such part of the &or's! 5or the purpose of measuring such 6ermanent
&or's as are to be measured by records and drawings, the $ngineer shall prepare
records and drawings as the wor' proceeds and the Contractor, as and when called
upon to do so in writing, shall, within *0 days, attend to examine and agree such records
and drawings with the $ngineer and shall sign the same when so agreed! If the
Contractor does not attend to examine and agree such records and drawings, they shall
be ta'en to be correct! If, after examination of such records and drawings, the Contractor
does not agree the same or does not sign the same as agreed, they shall nevertheless
be ta'en to be correct, unless the Contractor, within *0 days of such examination, lodges
with the $ngineer notice of the respects in which such records and drawings are claimed
by him to be incorrect! ;n receipt of such notice, the $ngineer shall review the records
and drawings and either confirm or vary them!
-et4od of -easrement
-@!* #he &or's shall be measured net, notwithstanding any general or local custom, except
where otherwise provided for the Contract!
&rea*do%n of (mp Sm Items
-@!) 5or the purposes of statements submitted in accordance with %ub(Clause 34!*, the
Contractor shall submit to the $ngineer, within )2 days after the receipt of the "etter of
Acceptance, a brea'down for each of the lump sum items contained in the #ender! %uch
brea'down shall be sub=ect to the approval of the $ngineer!
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page (-
,RO3ISIONA( S5-S
Definition of ,ro$isional Sms
-2!* 16rovisional sum9 means a sum included in the Contract and so designated in the ill of
,uantities for the execution of any part of the &or's or for the supply of goods,
materials, 6lant or services, or for contingencies, which sum may be used, in whole or in
part, or not at all, on the instructions of the $ngineer! #he Contractor shall be entitled to
only such amounts in respect of the wor', supply or contingencies to which such
6rovisional %ums relate as the $ngineer shall notify the Contractor of any determination
made under this %ub(Clause, with a copy to the $mployer!
5se of ,ro$isional Sms
-2!) In respect of every 6rovisional %um the $ngineer shall have authority to issue
instructions for the execution of the wor' or for the supply of goods, materials, 6lant or
services by:
(a) the Contractor, in which case the Contractor shall be entitled to an amount equal to
the value thereof determined in accordance with Clause -), and
(b) a nominated %ubcontractor, as hereinafter defined, in which case the sum to be paid
to the Contractor therefor shall be determined and paid in accordance with %ub(Clause
-/!0
,rodction of 3oc4ers
-2!8 #he Contractor shall produce to the $ngineer all quotations, invoices, vouchers and
accounts or receipts in connection with expenditure in respect of 6rovisional %ums,
except where wor' is valued in accordance with rates or prices set out in #ender!
NO-INATED S5&CONTRACTORS
Definition of Nominated S!contractors
-/!* Aoid!
Nominated S!contractors> O!8ection to Nomination
-/!) Aoid!
Desi"n Re/irements to !e E)pressly Stated
-/!8 Aoid!
,ayments to Nominated S!contractors
-/!0 Aoid!
Certification of ,ayments to Nominated S!contractors
-/!- Aoid!
CERTIFICATES AND ,A<-ENT
-ont4ly Statements
34!* #he Contractor shall submit to the $ngineer after the end of each month six copies, each
signed by the Contractor7s representative approved by the $ngineer in accordance with
%ub(Clause *-!*, of a statement, in such form as the $ngineer may from time to time
prescribe, showing the amounts to which the Contractor considers himself to be entitled
up to the end of the month in respect of:
(a) the value of the 6ermanent &or's executed,
(b) any other items in the ill of ,uantities including those for Contractor7s $quipment,
#emporary &or's, daywor's and the li'e,
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page (.
(c) the percentage of the invoice value of listed materials, all as stated in the Appendix to
#ender, and 6lant delivered by the Contractor on the %ite for incorporation in the
6ermanent &or's but not incorporated in such &or's,
(d) ad=ustments under Clause @4, and
(e) any other sum to which the Contractor may be entitled under the Contract or
otherwise!
-ont4ly ,ayment
34!) #he $ngineer shall within )2 days of receiving such statement, deliver to the $mployer
an Interim 6ayment Certificate stating the amount of payment to the Contractor which the
$ngineer considers due and payable in respect of such statement, sub=ect:
(a) firstly, to the retention of the amount calculated by applying the 6ercentage of
<etention stated in the Appendix to #ender, to the amount to which the Contractor is
entitled under paragraphs (a), (b), (c) and (e) of %ub(Clause 34!* until the amount so
retained reaches the "imit of <etention Honey stated in the Appendix to #ender, and
(b) secondly, to the deduction, other than pursuant to Clause 0@, of any sums which may
have become due and payable by the Contractor to the $mployer!
6rovided that the $ngineer shall not be bound to certify any payment under this %ub(
Clause if the net amount thereof, after all retentions and deductions, would be less than
Hinimum Amount of Interim 6ayment Certificates stated in the Appendix to #ender!
Dotwithstanding the terms of this Clause or any other Clause of the Contract no amount
will be certified by the $ngineer for payment until the performance security, if required
under the Contract, has been provided by the Contractor and approved by the $mployer!
,ayment of Retention -oney
34!8 (a) Bpon the issue of #a'ing(;ver Certificate with respect to the whole of the &or's, one
third of the <etention Honey shall be certified by the $ngineer for payment to the
Contractor!
(b) Bpon the expiration of the +efects "iability 6eriod for the &or's the remained two
third of the <etention Honey shall be certified by the $ngineer for payment to the
Contractor! 6rovided that if any such time there shall remain to be executed by the
Contractor any wor' instructed, pursuant to Clause 0/ and -4, in respect of the &or's,
the $ngineer shall be entitled to withhold certification until completion of such wor' of so
much of the balance of the <etention Honey as shall, in the opinion of the $ngineer,
represent the cost of the wor' remaining to be executed!
Correction of Certificates
34!0 #he $ngineer may by any Interim 6ayment Certificate ma'e any correction or
modification in any previous Interim 6ayment Certificate which shall have been issued by
him and shall have authority, if any wor' is not being carried out to his satisfaction, to
omit or reduce the value of such wor' in any Interim 6ayment Certificate!
Statement at Completion
34!- Dot later than 20 days after the issue of the #a'ing(;ver Certificate in respect of the
whole of the &or's, the Contractor shall submit to the $ngineer six copies of a %tatement
at Completion with supporting documents showing in detail, in the form approved by the
$ngineer:
(a) the final value of all wor' done in accordance with the Contract upon to the date
stated in such #a'ing(;ver Certificate,
(b) any further sums which the Contractor considers to be due, and
(c) an estimate of amounts shall be shown separately in such %tatement at Completion!
#he $ngineer shall certify payment in accordance with %ub(Clause 34!)!
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page ('
Final Statement
34!3 Dot later than -3 days after the issue of the +efect "iability Certificate pursuant to %ub(
Clause 3)!*, the Contractor shall submit to the $ngineer for consideration six copies of a
draft final statement with supporting documents showing in detail, in the form approved
by the $ngineer:
(a) the value of all wor' done in accordance with the Contract, and
(b) any further sums which the Contractor considers to be due to him under the Contract
or otherwise!
If the $ngineer disagrees with or cannot verify any part of the draft final statement, the
Contractor shall submit such further information as the $ngineer may reasonably require
and shall ma'e such changes in the draft as may be agreed between them! the
Contractor shall then prepare and submit to the $ngineer the final statement as agreed
(for the purposes of these Conditions referred to as the 15inal %tatement9)!
If, following discussions between the $ngineer and the Contractor and any changes to
the draft final statement which may be agreed between them, it becomes evident that a
dispute exists, the $ngineer shall deliver to the $mployer an Interim 6ayment Certificate
for those parts of the draft final statement, if any, which are not in dispute! #he dispute
may then be settled in accordance with Clause 3@!
Disc4ar"e
34!@ Bpon submission of the 5inal %tatement, the Contractor shall give to the $mployer, with
a copy to the $ngineer, a written discharge confirming that the total of the 5inal
%tatement represents fill and final settlement of all monies due to the Contractor arising
out of or in respect of the Contract! 6rovided that such discharge shall become effective
only after payment due under the 5inal 6ayment Certificate issued pursuant to %ub(
Clause 34!2 has been made and the performance security referred to in %ub(clause *4!*,
if any, has been returned to the Contractor!
Final ,ayment Certificate
34!2 &ithin )2 days after receipt of the 5inal %tatement, and the written discharge, the
$ngineer shall issue to the $mployer (with a copy to the Contractor) a 5inal 6ayment
Certificate stating:
(a) the amount which, in the opinion of the $ngineer, is finally due under the Contract or
otherwise, and
(b) after giving credit to the $mployer for all amounts previously paid by the $mployer
and for all sums to which the $mployer is entitled other than under Clause 0@, the
balance, if any, due from the $mployer to the Contractor or from the Contractor to the
$mployer as the case may be!
Cessation of Employer#s (ia!ility
34!/ #he $mployer shall not be liable to the Contractor for any matter or thing arising out of or
in connection with the Contract or execution of the &or's, unless the Contractor shall
have included a claim in respect thereof in his 5inal %tatement and (except in respect of
matters or things arising after the issue of the #a'ing(;ver Certificate in respect of the
whole of the &or's) in the %tatement at Completion referred to in %ub(Clause 34!-!
Time for ,ayment
34!*4#he amount due to the Contractor under any Interim 6ayment Certificate issued by the
$ngineer pursuant to this Clause, or to any other term of the Contract, shall sub=ect to
Clause 0@, be paid by the $mployer to the Contractor within )2 days after such Interim
6ayment Certificate has been delivered to the $mployer, or, in the case of the 5inal
payment Certificate referred to in %ub(Clause 34!2, within -3 days after such 5inal
payment Certificate has been delivered to the $mployer!
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page ()
Appro$al only !y Defects (ia!ility Certificate
3*!* ;nly the +efects "iability Certificate, referred to in Clause 3), shall be deemed constitute
approval of the &or's!
Defects (ia!ility Certificate
3)!* #he Contract shall not be considered as completed until a +efects "iability Certificate
shall have been signed by the $ngineer and delivered to the $mployer with a copy to the
Contractor, stating the date on which the Contractor shall have completed his obligations
to execute and completed the &or's and remedy any defects therein to the $ngineer7s
satisfaction! #he +efects "iability Certificate shall be given by the $ngineer within )2
days after the expiration of the +efects "iability 6eriod, or, if different defects liability
periods shall become use to different %ections or 6arts of the 6ermanent &or's, the
$xpiration of the latest such period, or as soon thereafter as any wor's instructed,
pursuant to Clauses 0/ and -4, have been completed to the satisfaction of the $ngineer!
6rovided that the issue of the +efects "iability Certificate shall not be a condition
precedent to payment to the Contractor of the second portion of the <etention Honey in
accordance with the conditions set out in %ub(Clause 34!8!
5nflfilled O!li"ations
3)!) Dotwithstanding the issue of the +efects "iability Certificate the Contractor and the
$mployer shall remain liable for the fulfilment of any obligation incurred under the
provisions of the Contract prior to the issue of the +efects "iability Certificate which
remains unperformed at the time such +efects "iability Certificate is issued and, for the
purposes of determining the nature and extent of any such obligation, the Contract shall
be deemed to remain in force between the parties to the Contract!
RE-EDIES
Defalt of Contractor
38!* If the Contractor is deemed by law unable to pay his debts as they fall due, or enters into
voluntary or involuntary ban'ruptcy, liquidation or dissolution (other than a voluntary
liquidation for the purposes of amalgamation or reconstruction) or becomes insolvent, or
ma'es an arrangement with, or assignment in favour of, his creditors, or agrees to carry
out the Contract under a committee of inspection of, his creditors, or if a receiver,
administrator, trustee or liquidator is appointed over any substantial part of his assets, or
if, under any law or regulation relating to reorganiEation, arrangement or read=ustment of
debts, proceedings are commenced against the Contractor or resolutions passed in
connection with dissolution or liquidation or if any steps are ta'en to enforce any security
interest over a substantial part of the assets of the Contractor, or if any act is done or
event occurs with respect to any Contractor or his assets which, under any use law has a
substantially similar effect to any of the foregoing acts or events, or if the Contract has
contravened %ub(Clause 8!*, or has an execution levied on his goods, or if the $ngineer
certifies to the $mployer, with a copy to the Contractor, that, in his opinion, the
Contractor:
(a) has repudiated the Contract,
(b) without reasonable excuse has failed
(i) to commence the &or's in accordance with %ub(Clause 0*!*, or
(ii) to proceed with the &or's, or any %ection thereof, within )2 days after receiving
notice pursuant to %ub(Clause 03!*,
(c) has failed to comply with a notice issued pursuant to %ub(Clause 8@!0 or an
instruction issued pursuant to %ub(Clause 8/!* within )2 days after having received it,
(d) despite previous warning from the $ngineer, in writing, is otherwise persistently or
flagrantly neglecting to comply with any of his obligations under the Contract, or
(e) has contravened %ub(Clause 0!*,
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page ,/
then the $mployer may, after giving *0 days7 notice to the Contractor, enter upon the %ite
and the &or's and terminate the employment of the Contractor without thereby releasing
the Contractor from any of his obligations or liabilities under the Contract, or affecting the
rights and authorities conferred on the $mployer or the $ngineer by the Contract, and
may himself complete the &or's or may employ any other contractor to complete the
&or's! #he $mployer or such other contractor may use for such completion so such of
the Contractor7s $quipment, #emporary &or's and materials as he or they may thin'
proper!
3alation at Date of Termination
38!) #he $ngineer shall, as soon as may be practicable after any such entry and termination
by the $mployer, fix and determine ex parte, or by or after reference to the parties or
after such investigation or enquiries as he may thin' fit to ma'e or institute, and shall
certify:
(a) what amount (if any) had, at the time of such entry and termination, been reasonably
earned by or would reasonably accrue to the Contractor in respect of wor' then actually
done by him under the Contract, and
(b) the value of any of the said unused or partially used materials, any Contractor7s
$quipment and any #emporary &or's!
,ayment after Termination
38!8 If the $mployer terminates the Contractor7s employment under this Clause, he shall not
be liable to pay to the Contractor any further amount (including damages) in respect of
the Contract until the expiration of the +efects "iability 6eriod and there after until the
costs of execution, completion and remedying of any defects, damages for delay in
completion (if any) and all other expenses incurred by the $mployer have been
ascertained and the amount thereof certified by the $ngineer! #he Contractor shall then
be entitled to receive only such sum (if any) as the $ngineer may certify would have been
payable to him upon due completion by him after deducting the said amount! If such
amount exceeds the sum which would have been payable to the Contractor on due
completion by him, then the Contractor shall, upon demand, pay to the $mployer the
amount of such excess and it shall be deemed a debt due by the Contractor to the
$mployer and shall be recoverable accordingly!
Assi"nment of &enefit of A"reement
38!0 Bnless prohibited by law, the Contractor shall, if so instructed by the $ngineer within *0
days of such entry and termination referred to in %ub(Clause 38!*, assign to the
$mployer the benefit of any agreement for the supply of any goods or materials or
services andFor for the execution of any wor' for the purposes of the Contract, which the
Contractor may have entered into!
5r"ent Remedial .or*
30!* If, by reason of any accident, or failure, or other event occurring to, in, or, in connection
with the &or's, or any part thereof, either during the execution of the &or's, or during
the +efects "iability 6eriod, any remedial or other wor' is, in the opinion of the $ngineer,
urgently necessary for the safety of the &or's and the Contractor is unable or unwilling
at once to do such wor', the $mployer shall be entitled to employ and pay other persons
to carry out such wor' as the $ngineer may consider necessary! If the wor' or repair so
done by the $mployer is wor' which, in the opinion of the $ngineer, the Contractor was
liable to do at his own cost under the Contract, then all costs consequent thereon or
incidental thereto shall, after due consultation with the $mployer and the Contractor, be
determined by the $ngineer and shall be recoverable from the Contractor by the
$mployer, and may be deducted by the $mployer from any monies due or to become
due to the Contractor and the $ngineer shall notify the Contractor accordingly, with a
copy to the $mployer! 6rovided that the $ngineer shall, as soon after the occurrence of
any such emergency as may be reasonably practicable, notify the Contract thereof!
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page ,1
S,ECIA( RIS9S
(ia!ility for special Ris*s
3-!* Aoid!
Special Ris*s
3-!) Aoid!
Dama"e to .or*s de to Special Ris*s
3-!8 Aoid!
,ro8ectile1 -issile
3-!0 Aoid!
Increased Costs arisin" from Special Ris*s
3-!- Aoid!
Ot!rea* of .ar
3-!3 Aoid!
Remo$al of Contractor#s E/ipment on Termination
3-!@ Aoid!
,ayment if Contract Terminated
3-!2 Aoid!
RE(EASE FRO- ,ERFOR-ANCE
,ayment in E$ent of Release from ,erformance
33!* If any circumstance outside the control of both parties arised after the issue of the "etter
of Acceptance which renders it impossible or unlawful for either or both parties to fulfil his
or their contractual obligations, or under the law governing the Contract the parties are
released from further performance, then the parties shall be discharged from the
Contract, except as to their rights under this Clause and Clause 3@ and without pre=udice
to the rights of either party in respect of any antecedent breach of the Contract, and the
sum payable by the $mployer to the Contractor in respect of the wor' executed shall be
the sum as that which would have been payable under Clause 3- if the Contract had
been terminated under the provisions of Clause 3-!
SETT(E-ENT OF DIS,5TES
En"ineer#s Decision
3@!* If a dispute of any 'ind whatsoever arises between the $mployer and the Contractor in
connection with, or arising out of, the Contract or the execution of the &or's, whether
during the execution of the &or's or after their completion and whether before or after
repudiation or other termination of the Contract, including any dispute as to any opinion,
instruction, determination, certificate or valuation of the $ngineer, the matter in dispute
shall, in the first place, be referred in writing to the $ngineer, with a copy to the other
party! %uch reference shall state that it is made pursuant to this Clause! Do later than the
eighty(fourth day after the day on which he received such reference the $ngineer shall
give notice of his decision to the $mployer and the Contractor! %uch decision shall state
that it is made pursuant to this Clause!
Bnless the Contract has already been repudiated or terminated, the Contractor shall, in
every case, continue to proceed with the &or's with all due diligence and the Contractor
and the $mployer shall give effect forthwith to every such decision of the $ngineer unless
and until the same shall be revised, as hereinafter provided, in an amicable settlement or
an arbitral award!
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page ,(
If either the $mployer or the Contractor be dissatisfied with any decision of the $ngineer,
or if the $ngineer fails to give notice of his decision on or before the eighty(fourth day
after the day on which he received the reference, then either the $mployer or the
Contractor may, on or before the seventieth day after the day on which he received
notice of such decision, or on or before the seventieth day after the day on which the said
period of 20 days expired, as the case may be, give notice to the other party, with a copy
for information to the $ngineer, of his intention to commence arbitration, as hereinafter
provided, as to the mater in dispute! %uch notice shall establish the entitlement of the
party giving the same to commence arbitration, as hereinafter provided, as to such
dispute and, sub=ect to %ub(Clause 3@!0, no arbitration in respect thereof may be
commenced unless such notice is given!
If the $ngineer has given notice of his decision as to a matter in dispute to the $mployer
and the Contractor and no notice of intention to commence arbitration as to such dispute
has been given by either the $mployer or the Contractor on or before the seventieth day
after the day on which the parties received notice as to such decision from the $ngineer,
the said decision shall become final and binding upon the $mployer and the Contractor!
Amica!le Settlement
3@!) &here notice of intention to commence arbitration as to a dispute has been given in
accordance with %ub(Clause 3@!*, the parties shall attempt to settle such dispute
amicable before the commencement of arbitration! 6rovided that, unless the parties
otherwise agree, arbitration may be commenced on or after the fifty(sixth day after the
day on which notice of intention to commence arbitration of such dispute was given, even
if no attempt at amicable settlement thereof has been made!
Ar!itration
3@!8 Any dispute in respect of which:
(a) the decision, if any, of the $ngineer has not become final and binding pursuant to
%ub(Clause 3@!*, and
(b) amicable settlement has not been reached within the period stated in %ub(Clause
3@!),
shall be finally settled, unless otherwise specified in the Contract, under the <ules of the
International Chamber of Commerce by one or more arbitrators appointed under such
<ules! #he said arbitrator(s) shall have full power to open up, review and revise any
decision, opinion, instruction, determination, certificate or valuation of the $ngineer
related to the dispute!
Deither party shall be limited in the proceedings before such arbitrator(s) to the evidence
or arguments put before the $ngineer for the purpose of obtaining his said decision
pursuant to %ub(Clause 3@!*! Do such decision shall disqualify the $ngineer from being
called as a witness and giving evidence before the arbitrator on any matter whatsoever
relevant to the dispute!
Arbitration may be commenced prior to or after completion of the &or's, provided that
the obligations of the $mployer, the $ngineer and the Contractor shall not be altered by
reason of the arbitration being conducted during the progress of the &or's!
#he arbitration shall be conducted in a third country, in accordance with the <ules of
Conciliation and Arbitration of the International Chamber of Commerce!
Failre to Comply .it4 En"ineer#s Decision
3@!0 &here neither the $mployer nor the Contractor has given notice of intention to
commence arbitration of a dispute within the period stated in %ub(Clause 3@!* and the
related decision has become final and binding, either party may, if the other party fails to
comply with such decision, and without pre=udice to any other rights it may have, refer
the failure to arbitration in accordance with %ub(Clause 3@!8! #he provisions of %ub(
Clause 3@!* and 3@!) shall not apply to any such reference!
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page ,,
NOTICES
Notice to Contractor
32!* All certificates, notices or instructions to be given to the Contractor by the $mployer or
the $ngineer under the terms of the Contract shall be sent by post, cable, telex or
facsimile transmission to or left at the Contractor7s principal place of business or such
other address as the Contractor shall nominate for that purpose!
Notice to Employer and En"ineer
32!) Any notice to be given to the $mployer or to the $ngineer under the terms of the Contract
shall be sent by post, cable, telex or facsimile transmission to or left at the respective
addresses nominated for that purpose in the Appendix to #ender!
C4an"e of Address
32!8 $ither party may be change a nominated address to another address in the country
where the &or's are being executed by prior notice to the other party, with a copy to the
$ngineer, and the $ngineer may do so by prior notice to both parties!
DEFA5(T OF E-,(O<ER
Defalt of Employer
3/!* Aoid!
Remo$al of Contractor#s E/ipment
3/!) Aoid!
,ayment on Termination
3/!8 Aoid!
Contractor#s Entitlement to Sspend .or*
3/!0 Aoid!
Resmption of .or*
3/!- Aoid!
C0AN2ES IN COST AND (E2IS(ATION
Increase or Decrease of Cost
@4!* Aoid!
S!se/ent (e"islation
@4!) Aoid!
C5RRENC< AND RATES OF EAC0AN2E
Crrency Restrictions
@*!* If, after the date )2 days prior to the latest date for submission of tenders for the
Contract, the Government or authorised agency of the Government of the country in
which the &or's are being or are to be executed imposes currency restrictions andFor
transfer of currency restrictions in relation to the currency or currencies in which the
Contract 6rice is to be paid, the $mployer shall reimburse any loss or damage to the
Contractor arising therefrom, without pre=udice to the right of the Contractor to exercise
any other rights or remedies to which he is entitled in such event!
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page ,+
Rates of E)c4an"e
@)!* &here the Contract provides for payment in whole or in part to be made to the Contractor
in foreign currency or currencies, such payment shall not be sub=ect to variations in the
rate or rates of exchange between such specified foreign currency or currencies and the
currency of the country in which the &or's are to be executed!
Crrency ,roportions
@)!) #he $mployer requires the #ender to be expressed in Bnited %tate +ollar (B%+) and
payment to be made in B%+ and Aietnamese +ong (AD+), provided that import facilities
to be paid by B%+ and local construction to be paid by Aietnamese +ong (AD+) are
required! If the Contractor has stated the proportions or amount of other currency or
currencies in which he requires payment to be made, the rate or rates of exchange use
for calculating the payment of such proportions or amounts shall be those prevailing, as
determined by 5I<%# AIDA ADC in Aiet Dam, on the date of payment!
Crrencies of ,ayment for ,ro$isional Sms
@)!8 #he Contract provides for payment in B%+ and AD+ and the proportions or amount to be
paid in B%+ in respect of 6rovisional %ums shall be determined in accordance with the
principles set forth in %ub(Clause @)!* and @)!) as and when these sums are utilised in
whole or in part in accordance with the provisions of Clause -2!
Consultant: CIDECO -51 Nguyen Thi Minh Khai S.! Di". 1! HCMC #N$ Te%& '()(')'! Fa*& '()+),1 II- Page ,5

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ASEAN GMP.ABC PHARMA.

FACTORY CHAPTER II- CONDITIONS OF CONTRACT

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