Professional Documents
Culture Documents
4
4
1 The Contractor shall execute and complete the Works in The Contractor shall design (to the extent specified in the
accordance with the Contract and the Employer's Contract), execute and complete the Works in accordance with
Representative's instructions, and shall remedy any defects in the the Contract and with the Engineer's instructions, and shall
Works in accordance with the Contract remedy any defects in the Works. The Contractor shall provide
the Plant and Contractor's Documents specified in the Contract,
4.1.2 The Contractor shall provide the Plant and Contractor's and all Contractor's Personnel, Goods, consumables and other
Documents specified in the Contract, and all Contractor's things and services, whether of a temporary or permanent
Personnel, Goods, consumables and other things and services, nature, required in and for this design, execution, completion and
whether of a temporary or permanent nature, required in and for remedying of defects. The Contractor shall be responsible for the
the execution and completion of the Works and remedying of adequacy, stability and safety of all Site operations and of all
defects in the Works in accordance with the Contract The methods of construction. Except to the extent specified in the
Contractor shall be responsible for the safe storage and adequate Contract, the Contractor (i) shall be responsible for all
protection of all Plant, Goods, consumables and all other things Contractor's Documents, Temporary Works, and such design of
on the Site necessary for the performance of the Works from the each item of Plant and Materials as is required for the item to be
date when they arrive on the Site until the issuance of the Taking in accordance with the Contract, and (ii) shall not otherwise be
Over Certificate under Clause 10 [Employer's Taking Over]. In the responsible for the design or specification of the Permanent
event of any damage or loss occurring to any Plant, Goods, Works. The Contractor shall, whenever required by the Engineer,
consumables or any other things on the Site necessary for the submit details of the arrangements and methods which the
performance of the Works from the date when they arrive on the Contractor proposes to adopt for the execution of the Works. No
Site until the issuance of the Taking Over Certificate under Clause significant alteration to these arrangements and methods shall be
10 [Employer's Taking Over], the Contractor shall replace the made without this having previously been notified to the
damaged item or rectify such damage at its own cost and risk and Engineer. If the Contract specifies that the Contractor shall design
shall have no entitlement to make any claim against the Employer any part of the Permanent Works, then unless otherwise stated
for any costs so incurred or for any extension to the Time for in the Particular Conditions: (a) the Contractor shall submit to the
Completion. Engineer the Contractor's Documents for this part in accordance
with the procedures specified in the Contract; (b) these
4.1.3 The Works shall include any work which is necessary to Contractor's Documents shall be in accordance with the
satisfy the Specification, Contractor's proposal and Schedules, or Specification and Drawings, shall be written in the language for
is implied by the Contract and all works which (although not communications defined in Sub‐Clause 1 .4 [Law and Language],
mentioned in the Contract) are necessary for stability or for the and shall include additional information required by the Engineer
completion or safe and proper operation of the Works. to add to the Drawings for co‐ordination of each Party's designs;
(c) the Contractor shall be responsible for this part and it shall,
4.1.4 The Contractor shall be responsible for the adequacy, when the Works are completed, be fit for such purposes for
stability and safety of all Site operations and of all methods of which the part is intended as are specified in the Contract; and
manufacture, fabrication, erection, installation, construction, (d) prior to the commencement of the Tests on Completion, the
completion, and execution of the Works and the remedying of Contractor shall
defects of the Works in accordance with the Contract. Except to submit to the Engineer the "as‐built" documents and operation
the extent specified in the Contract,the Contractor (i) shall be and maintenance manuals in accordance with the Specification
responsible for all Contractor's Documents, Temporary Works, and in sufficient detail for the Employer to operate, maintain,
and such design of each item of Plant and Materials as is required dismantle, reassemble, adjust and repair this part of the Works.
for the item to be in accordance with the Contract, and (ii) shall Such part shall not be considered to be completed for the
not otherwise be responsible for the design or specification of the purposes of taking‐over under Sub‐Clause 10.1 [Taking Over of
Permanent Works unless otherwise stated in the Contract. the Works and Sections] until these documents and manuals have
been submitted to the Engineer.
4.1.5 The Contractor shall prior to the commencement of any
part of the Works and whenever required by the Employer's
Representative, submit details of the arrangements and methods
which the Contractor proposes to adopt for the execution and
completion of such part of the Works (including method
statements and a statement of how the Contractor plans to
execute and complete such part of the Works identifying the
Contractor's Equipment and other resources which the
Contractor intends to use). No material alteration to these
arrangements and methods shall be made by the Contractor
without this having previously been notified to the Employer's
Representative.
4.1.6 if the Contract specifies that the Contractor shall design
any part of the Works then:
(a) the Contractor shall be responsible for the whole of the design
of that part of the Works and designs such part of the Works as
stated in the Contract so that such part satisfies the requirements
stated in the Contract
(b) the Contractor shall integrate and co‐ordinate such design
with the design of any other part of the Works prepared by or on
b h lf f h E l di h C h i
behalf of the Employer as stated in the Contract or otherwise as
instructed by the Employer's Representative;
(c) the Contractor shall submit to the Employer's Representative
for his approval the Contractor's Documents for the design of the
part of the Works in accordance with the procedures and
requirements stated in Sub ‐Clause 4.28 [Approval Process and
Requirements]. If such design is instructed by the Employer's
Representative as a Variation, the Contractor shall within 28 days
of the Employer's Representative's instruction submit the
Contractor's Documents for such design for approval in
accordance with Sub ‐Clause 4.28 [Approval Process and
Requirements]. The Contractor shall not proceed with the
relevant work (including the ordering or manufacture of any Plant
Contractor's General Obligations
Contractor's General Obligations
and Materials) until the Employer's Representative has approved
such design contained in the Contractor's Documents in
accordance with Sub ‐Clause 4.28 [Approval Process and
Requirements];
(d) the Contractor's Documents shall be in accordance with the
4.1
4.1
Specification and Drawings and shall unless specified in the No difference risk on contractor
Contract be written in the language for communications defined
under sub Clause 1.4 [Law and Language]. The Contractor's
Documents shall include such additional information, including
design criteria, data, calculations and such other information
requested by the Employer's Representative to add to the
Drawings for the integration and co‐ordination of the
Contractor's designs for such part of the Permanent Works with
the designs of the Permanent Works prepared by or on behalf of
the Employer,
(e) the Contractor shall subject to Sub ‐Clause 2.3 [Employer's
Claims] pay the costs incurred by the Employer resulting from any
Errors in the design of the part of the Permanent prepared by the
Contractor;
(f) the Contractor shall be responsible for the whole design of
such part of the Works and such part of the Works shall, when
the whole of the Works are completed, be Fit For Purpose; and
(g) prior to the commencement of the Tests on Completion, the
Contractor shall submit to the Employer's Representative the "as ‐
built" documents in accordance with Sub ‐Clause 4.25 [As ‐Built
Documents], the appropriate training in accordance with Sub ‐
Clause 4.26 [Training] and the operation and maintenance
manuals in accordance with Sub ‐Clause 4.27 [Operation and
Maintenance Manuals]. Such part shall not be considered to be
completed for the purposes of taking ‐over under Sub ‐Clause
10,1 [Taking Over of the Works and Sections] until the Contractor
has complied with these Sub ‐Clauses.
4.1.7 The Contractor shall before commencing the relevant
work (including the ordering or manufacture of any Plant and
Materials) examine and review the Contract Documents and any
Drawings or instructions issued by the Employer’s Representative
and notify the Employer's Representative of any Errors in or
between any of the Contract Documents and such Drawings or
instructions. Upon receipt of the said notice, the Employer's
Representative shall issue instructions under Sub ‐Clause 3.4
[instructions of the Employer’s Representative].
4.1.8 The Contractor shall before commencing the relevant
work (including the ordering or manufacture of any Plant and
Materials) examine and review the Contract Documents and any
Drawings or instructions issued by the Employer's Representative
for any non‐compliance with the Applicable Codes and Standards,
Permits and Approvals or the applicable . The Contractor shall
notify the Employer's Representative of such non compliance and
upon receipt of the said notice the Employer's Representative
shall issue instructions under Sub ‐Clause 3.4 [Instructions of the
Employer's Representative]
Employer s Representative].
4.1.9 If there are any Errors in the design of any part of the
Permanent Works prepared by or on behalf of the Employer
(excluding the design prepared by the Contactor), such design
shall be rectified or corrected at the Employer’s cost.
4.2.1 Parent Company Guarantee: The Contractor shall obtain (at his cost) a Performance Security
4.2.1.1 If the Contractor or any of the entities comprising the for proper performance, in the amount and currencies stated in
Contractor is a subsidiary of, or owned by, another company, the the Appendix to Tender. If an amount is not stated in the
Contractor shall (at the request of the Employer or Employer's Appendix to Tender, this Sub Clause shall not apply. The
Representative) provide the Parent Company Guarantee(s) from Contractor shall deliver the Performance Security to the Employer
each ultimate parent company of each entity comprising the within 28 days after receiving the Letter of Acceptance, and shall
Contractor and deliver such Parent Company Guarantee(s) to the send a copy to the Engineer. The Performance Security shall be
Employer within 14 days of such request and shall send a copy to issued by an entity and from within a country (or
the Employer's Representative. otherjurisdiction) approved by the Employer, and shall be in the
form annexed to the Particular Conditions or in another form
4.2.1.2 The Employer or Employer's Representative may at any approved by the Employer. The Contractor shall ensure that the
time request the financial accounts, records or other financial Performance Security is valid and enforceable until the
statement information of such ultimate parent company as is the Contractor has executed and completed the Works and remedied
Employer or Employers Representative may consider is any defects. If the terms of the Performance Security specify its
reasonably required to confirm the financial strength and stability expiry date, and the Contractor has not become entitled to
of the ultimate parent company. receive the Performance Certificate by the date 28 days prior to
the expiry date, the Contractor shall extend the validity of the
4.2.1.3 The delivery of such requested Parent Company Performance Security until the Works have been completed and
Guarantee(s) shall be a condition precedent to the Employer's any defects have been remedied. The Employer shall not make a
obligation to make payment to the Contractor under the Contract. claim under the Performance Security, except for amounts to
which the Employer is entitled under the Contract in the event of:
4.2.2 Performance Security (a) failure by the Contractor to extend the validity of the
4.2.2.1 The Contractor shall obtain (at his cost) a Performance Performance Security as described in the preceding paragraph, in
Security in the initial amount calculated Contract Price by the which event the Employer may claim the full amount of the
percentage (%) stated in the Appendix to Contract. If a Performance Security, (b) failure by the Contractor to pay the
percentage Appendix to Contract, this Sub ‐Clause shall not apply. Employer an amount due, as either agreed by the Contractor or
determined under Sub‐Clause 2.5 [Employer's Claims] or Clause
4.2.2.2 The Contactor shall deliver the Performance Security to 20 [Claims, Disputes and Arbitration], within 42 days after this
the Employer within 14 days of the Effective date shall send a agreement or determination, (c) failure by the Contractor to
the contract add:If
copy to the Employer's Representative. The Performance Security remedy a default within 42 days after receiving the Employer's
the Contract Price
shall be issued by an entity and from within a country (or other notice requiring the default to be remedied, or (d) circumstances
as at the Effective
jurisdiction) approved by the Employer. The Contractor's which entitle the Employer to termination under SubClause 15.2
Date is increased
compliance with the‐ Sub ‐Clause 4.22 shall be a condition [Termination by Employer], irrespective of whether notice of
uarantee and Performance Security
uarantee and Performance Security
during the
precedent to the Employer's obligation to make payment to the termination has been given. The Employer shall indemnify and
performance of
Contractor under the Contract. hold the Contractor harmless against and from all damages,
the Works by more
losses and expenses (including legal fees and expenses) resulting
than twenty
4.2.2.3 The Contractor shall ensure that the Performance from a claim under the Performance Security to the extent to
percent (20%), the
Security is valid and enforceable until the Performance Certificate which the Employer was not entitled to make the claim. The Performance
Employer's
is issued under the Contract in accordance with Sub ‐Clause 11.9 Employer shall return the Performance Security to the Contractor Certificate :the
Representative
[Performance Certificate]. The Contractor shall take all steps within 21 days after receiving a copy of the Performance contract: 14 days ,
may request the
necessary to ensure the Performance Security remains valid and Certificate. the fidic: 28 days.
4.2
4.2
Contractor to
enforceable until the Performance Certificate is issued under the Performance
provide a
Contract in accordance with Sub ‐Clause 11.9 [Performance Security: the
replacement
Certificate] contract: 28 days
Certificate]. contract: 28 days ,
Parent Company Gu
Parent Company Gu
Performance
the fidic: 21 days.
Security to the
4.2.2.4 The Employer shall be entitled to make a claim under
Employer in a sum
the Performance Security without further notice to the
equal to the
Contractor.
percentage stated
in the Appendix to
4.2.2.5 If the Contract Price as at the Effective Date is increased
Contract
during the performance of the Works by more than twenty
multiplied by the
percent (20%), the Employer's Representative may request the
adjusted Contract
Contractor to provide a replacement Performance Security to the
Price.
Employer in a sum equal to the percentage stated in the
Appendix to Contract multiplied by the adjusted Contract Price.
The Contractor shall provide such replacement Performance
Security to the Employer within ten (10) days of such a request
from the Employer's Representative.
4.2.2.6 If requested by the Contractor and subject to the terms
of the Performance Security, the Employer shall return the
Performance Security to the Contractor within 28 days after
receiving a copy of the Performance Certificate issued by the
Employer's Representative in accordance with Sub ‐Clause 11.9
[Performance Certificate).
4.3.1 The Contractor shall appoint the Contractor's The Contractor shall appoint the Contractor's Representative and
Representative and shall give him all authority necessary to act shall give him all authority necessary to act on the Contractor's
on the Contractor's behalf under the Contract behalf under the Contract. Unless the Contractor's
Representative is named in the Contract, the Contractor shall,
4.3.2 Unless the Contractor's Representative is named in the prior to the Commencement Date, submit to the Engineer for
Appendix to Contract, the Contractor shall, prior to the consent the name and particulars of the person the Contractor
Commencement Date, submit to the Employer's Representative proposes to appoint as Contractor's Representative. If consent is
for his approval the name and particulars of the person the withheld or subsequently revoked, or if the appointed person
Contactor proposes to appoint as Contractor's Representative. fails to act as Contractor's Representative, the Contractor shall
The Contractor shall not appoint such person unless the similarly submit the name and particulars of another suitable
Employer's Representative has given such approval. The person for such appointment. The Contractor shall not, without
Contractor's Representative (including any replacement) shall be the prior consent of the Engineer, revoke the appointment of the
qualified and have experience of projects similar in size, scope Contractor's Representative or appoint a replacement. The whole
and complexity to the Works. If approval is withheld or time of the Contractor's Representative shall be given to directing
subsequently revoked, or if the appointed person fails to act as the Contractor's performance of the Contract. If the Contractor's
Contractor's Representative, the Contractor shall similarly submit Representative is to be temporarily absent from the Site during
the name and particulars of another suitable person for such the execution of the Works, a suitable replacement person shall
appointment to the Employer's Representative for his approval. be appointed, subject to the Engineer's prior consent, and the
Engineer shall be notified accordingly. The Contractor's
4.3.3 The Contractor shall not, without the prior approval of Representative shall, on behalf of the Contractor, receive
the Employer's Representative, revoke the appointment of the instructions under Sub‐Clause 3.3 [Instructions of the
Contractors Representative or appoint a replacement. Engineer].The Contractor's Representative may delegate any
powers, functions and authority to any competent person, and
4.3.4 The whole time of the Contractor's Representative shall may at any time revoke the delegation. Any delegation or
be given to directing the Contractor's performance of the revocation shall not take effect until the Engineer has received
Contract If the Contractor's Representative is to be temporanily prior notice signed by the Contractor's Representative, naming
absent from the Site during the execution of the Works, a the person and specifying the powers, functions and authority
suitable replacement person shall be appointed, subject to the being delegated or revoked. The Contractor's Representative and
Contractor's Representative
Contractor's Representative
Employer’s Representative's prior approval, and the Employer's all these persons shall be fluent in the language for
Representative shall be notified accordingly. communications defined in Sub‐Clause 1 .4 [Law and Language].
4.3.5 The Contractor's Representative shall, on behalf the
4.3
4.3
no difference
Contractor, receive instructions under Sub ‐Clause 3.4
[Instructions of the Employer's Representative].
4.3.6 The Contractor's Representative may delegate any
powers, functions and authority to any competent and
experienced person, and may at any time revoke the delegation.
Any delegation or revocation shall not take effect until the
Employer's Representative has received prior notice signed by the
Contractor's Representative, naming the person and specifying
the powers, functions and authority being delegated or revoked.
4.4.1 The Contractor shall not subcontract the whole of the The Contractor shall not subcontract the whole of the Works.
works. The Contractor shall be responsible for the acts or defaults of any
Subcontractor, his
4.4.2 The Contractor shall be responsible for the acts, agents or employees, as if they were the acts or defaults of the
omissions or defaults of any Subcontractor, his agents or Contractor. Unless
employees, as if they were the acts, omissions or defaults of the otherwise stated in the Particular Conditions:
Contractor. Unless otherwise stat Contract (a) the Contractor shall not be required to obtain consent to
(a) the Contractor shall be required to obtain the approval of the suppliers of Materials,
Employees Representative in respect of suppliers of Plant or or to a subcontract for which the Subcontractor is named in the
Materials, unless such are named in the Appendix to Contract or Contract;
Vendors List (b) the prior consent of the Engineer shall be obtained to other
(b) the Contractor shall not be required to obtain the approval of proposed
the Employer's Representative in respect of Subcontractor Subcontractors;
providing only labour for the Works; (c) the Contractor shall give the Engineer not less than 28 days'
(c) the prior approval of the Employer's Representative shall be notice of the
obtained to all of the other proposed Subcontractors at the intended date of the commencement of each Subcontractor's
request of the Employer's Representative within a reasonable work, and of the
time so as not to cause delay, impediment or prevention to the commencement of such work on the Site; and
Contractor, except Subcontractors providing labour for the (d) each subcontract shall include provisions which would entitle
Works; (d) the Contractor shall give the Employer's the Employer to
Representative not less than 28 days' notice of. require the subcontract to be assigned to the Employer under
(i) the identity of the proposed Subcontractor and the nature of Sub‐Clause 4.5
its work; and [Assignment of Benefit of Subcontract] (if or when applicable) or
(ii) the intended date of the commencement of each in the event of
Subcontractor's work and the duration of the work. termination under Sub‐Clause 15.2 [Termination by Employer].
(e) each subcontract shall include provisions which
(i) may be reasonably necessary to enable the Contractor to fulfil
its obligations to the Employer under the Contract
(ii) entitle the Employer to require the Contractor and the
Subcontractor to consent to the assignment of the subcontract to
be assigned to the Employer under Sub ‐Clause 4.5 [Assignment
of Benefit of Subcontract] (if or when applicable) or in the event
of termination under Sub ‐Clause 15.2 [Termination by Employer]
or Sub ‐Clause 15.5 [Employees Entitlement to Termination
(iii) require the Subcontractor (and any employees of the
Subcontractor) to waive (to the maximum extent permitted by
Law) any and all claims it (or its employees) may have against the
Employer for any unpaid sums due to the Contractor under the
Contract and
(f) if requested by the Employer at its sole discretion, the
Contractor shall no later than seven (7) days after the date of
such request execute and deliver to the Employer a collateral
warranty from the relevant Subcontractor in favour of the
Employer and any stakeholders identified in the Appendix to
Employer and any stakeholders identified in the Appendix to
Contract in the specimen form(s) identified in Schedule 4 or such
other form as may be approved by the Employer at its sole
discretion. The Contractor shall deliver a copy of such collateral
warranty from the relevant Subcontractor to the Employer's
Representative. If the Contractor does not deliver such collateral
warranty from the relevant Subcontractor as required by this Sub
‐Clause then the Employer shall be entitled to withhold payment
to the Contractor under the Contract for such amount relating to
that Subcontractor until the Contractor has delivered such
collateral warranty from the relevant Subcontractor to the
Employer and the Employer's Representative in accordance with
this Sub ‐Clause.
4.4.3 The Employer's Representatives approval of a
Subcontractor under Sub ‐Clause 4.42 shall be obtained in
accordance with the approval process and requirements set out
in Sub ‐Clause 423 [Approval Process and Requirements]. At the
request of the Employer or Employer's Representative, the
Contractor shall within 21 days of such request deliver a
complete and executed copy of the subcontract of any
Subcontractor to the Employer or Employer's Representative. The
Contractor may redact commercially sensitive information from
such subcontract prior to delivering the same.
4.4.4 Any approval, disapproval or any comments made by the
Employer's Representative (or any failure by the Employer's
Representative to do any of the foregoing) in this Sub ‐Clause 4.4,
or Subcontractor appointed by thr contractor from the Vendors
List or otherwise, shall not affect the Contractor's obligations,
responsibilities or liabilities under or in connection with the
Contract
4.4.5 Before issuing a Payment Certificate which includes an
amount payable to a Subcontractor, the Employer's
Representative may request the Contractor to supply reasonable
evidence that the Subcontractor has received all amounts due in
Subcontractors
Subcontractors
accordance with previous Payment Certificates, less applicable
deductions for retention or otherwise. the contract add
4.4
4.4
additional
4.4.6 unless the Contractor requirements
(a) submits this reasonable evidence to the Employer's
Representative, or
(b) (i) satisfies the Employer's Representative in writing that the
Contractor is reasonably entitled to withhold or refuse to pay
these amounts, and
(ii) submits to the Employer's Representative reasonable
evidence that the Subcontractor has been notified of the
Contractor's entitlement,
the Employer shall be entitled to give notice in writing to the
Contractor that he intends to make such payment directly to the
Subcontractor.
4.4.7 If after 14 days of the notice given under Sub ‐Clause
4.4.6 the payment is still withheld, and the Contractor has failed
to furnish adequate reason why the payment should be withheld
from the Subcontractor, the Employer may at its sole discretion,
except in the event that the Employer knows that the Contractor
is Insolvent, make such payment to the Subcontractor. Amounts
paid by the Employer to the Subcontractor may be set‐off or
deducted from any sums otherwise due from the Contractor in
accordance with Clause 14 [Contract price and Payment] and/or
will be a debt due from the Contractor to the Employer.
4.4.8 Amounts paid by the Employer to the Subcontractor
pursuant to Sub ‐Clause 4 4 7 may be set‐off or deducted from
pursuant to Sub Clause 4.4.7 may be set off or deducted from
any sums otherwise due from the Contractor in accordance with
Clause 14 [Contract Rice and Payment ] and/or will be a debt due
from the Contractor to the Employer.
4.4.9 The Employer shall not, on account of making any such
payments, assume any responsibility of any nature for the
sufficiency, adequacy Of contractual compliance of the
Subcontractor's works and shall not be deemed to have accepted
such works. These issues shall at all times remain the risk and
responsibility of the Contractor. Rather, the Employer shall not,
by making such payments, assume any ongoing responsibility or
liability to make any further or additional direct payments to any
Subcontractors. In the event that the Employer makes a payment
to a Subcontractor in accordance with Sub ‐Clause 4.4.7, the
Contractor shall indemnify the Employer in respect of any sums
so paid (including in circumstances where it is subsequently
proven that the Subcontractor was not in fact entitled to such
sums).
4.4.11 Irrespective of whether or not the Employer elects to
make direct payments to any Subcontractor in accordance with
Sub ‐Clause 4.4.7, such election to either pay or not pay, and the
consequences that may arise as a result of such election, shall not
entitle the Contractor to any additional payments under the
Contract and shall not entitle the Contractor to any extension to
the Time for Completion.
4.5.1 If a Subcontractor's obligations extend beyond the expiry If a Subcontractor's obligations extend beyond the expiry date of
date of the relevant Defects Notification Period and the the relevant Defects Notification Period and the Engineer, prior
Employer's Representative, prior to this date, instructs the to this date, instructs the Contractor to
Contractor to assign the rights and benefit of such obligations of assign the benefit of such obligations to the Employer, then the
the subcontract to the Employer, then the Contractor shall do so Contractor shall do
by executing (and procuring that such Subcontractor executes) so. Unless otherwise stated in the assignment, the Contractor
the assignment agreement in the specimen forrm set out in shall have no liability to
Schedule 4 within 14 days of the date of such request Unless the Employer for the work carried out by the Subcontractor after
otherwise stated in the assignment agreement, the Contractor the assignment
shall have no liability to the Employer for any work carried out by takes effect.
the Subcontractor after the assignment agreement takes effect in
Assignment of Subcontract
Assignment of Subcontract
accordance with its terms but the Contractor shall continue to
remain liable for any work carried out by the Subcontractor prior
to the assignment agreement taking effect
risk removed from
4.5
4.5
no difference
4.5.2 In the event of termination under Sub ‐Clause 15.2 contractor
[Termination by Employer] or Sub ‐Clause 15.5 [Employer's
Entitlement to Termination], the Employer may at its sole
discretion request that the Contractor assigns, transfers or
novates any subcontract to the Employer or any third party
notified to the Contractor. The Contractor shall execute (and shall
procure that such Subcontractor executes) the assignment
p ) g
agreement in the form set out in Schedule 4 within 14 days of the
date of such request.
4.6.1 The Contractor shall allow appropriate opportunities for The Contractor shall, as specified in the Contract or as instructed
carrying out work to: by the Engineer,
(a)the Employer's Personnel, allow appropriate opportunities for carrying out work to:
(b) any other contractors, consultants, operators or other entities (a) the Employer's Personnel,
or persons employed by the Employer, and (b) any other contractors employed by the Employer, and
(c) the personnel of any Authorities, (c) the personnel of any legally constituted public authorities,
who may be employed in the execution on or near the Site of any who may be employed in the execution on or near the Site of any
work not included in the contract. work not included
in the Contract.
4.6.2 The Contractor shall be responsible for co‐ordinating, Any such instruction shall constitute a Variation if and to the
interfacing and integrating his activities on site with those of the extent that it causes the
parties referred to in Sub ‐Clause 4.6.1 (a), (b) and (c). The Contractor to incur Unforeseeable Cost. Services for these
Contractor shall allow such parties are use of the Contractor's personnel and other
existing facilities and utilities on the Site at no additional cost to contractors may include the use of Contractor's Equipment,
the Employer. Temporary Works or
access arrangements which are the responsibility of the
4.6.3 The Contractor shall subject to Sub ‐Clause 2.3 Contractor.
[Employees Claims] pay to the Employer any costs incurred by the If, under the Contract, the Employer is required to give to the
Employer as a result of any prevention, hindrance, interference or Contractor possession
delay to the parties referred to under Sub‐ Clause 4.6.1 (a), (b) or of any foundation, structure, plant or means of access in
(c) which may be caused by the Contractor or any of the accordance with
Contractor's Personnel. Any costs incurred by the Employer and Contractor's Documents, the Contractor shall submit such
payable by the Contractor under this Sub ‐Clause shall be in documents to the
addition to any delay damages payable by the Contractor or such Engineer in the time and manner stated in the Specification.
other amounts stated under Sub ‐Clause 8.7 [Delay Damages].
4.6.4 If the Contractor is prevented, hindered, suffers
interference or is delayed as a result of the entities or persons
referred to in Sub ‐Clause 4.6,1 (a), (b) or (c), or as a result of
complying with this Sub ‐Clause 4.6, and such prevention,
hindrance, interference or delay is Unforeseeable, and the
Contractor suffers delay in completion of the Works or a Section
for the purposes of Sub ‐Clause 10.1 [Taking Over of the Works
the contract add: if
and Sections] within the relevant Time for Completion and/or
the delay is caused
incurs Cost as a result of the same, the Contractor shall give
by the contractor ,
notice to the Employer's Representative of such prevention,
the Contractor
hindrance, interference or delay and shall give a further notice to
shall not be
the Employer's Representative and shall be entitled, subject to
entitled to any
Sub ‐Clause 20.1 [Contractor's Claims], to:
Co‐operation
Co‐operation
extension of the
(a) an extension of time for any such delay, if completion is or will
Time for
4.6
4.6
be delayed under Sub ‐Clause 8.4 [Extension of Time for No difference
Completion or any
Completion and of Milestone Dates]; and
Milestone Date
(b) payment of any such Cost shall be added to the Contract Price.
nor additional
payment in
4.6.5 After receiving this notice, the Employer's Representative
respect of such
shall proceed in accordance with Sub ‐Clause 3.6
Cost or any other
[Determinations] to agree or determine (i) if the Contractor has
adjustment to the
been prevented, hindered, suffered interference or been delayed
Contract Price.
as a result of the entities or persons referred to in Sub ‐Clause
4.6.1 (a), (b) or (c and (ii) the matters described in Sub ‐Clause
4.6.4 (a) and (b) above.
4.6.6 However, if and to the extent that such prevention,
hindrance, interference or delay (as referred to in Sub ‐Clause
4.6.4) was caused by: (i) any error or delay by the Contractor,
including an error in, or delay in the submission of, any of the
Contractor's Documents; or (ii) a failure to submit a prograrmme
or revised programme under Sub‐Clause 8.3 [Programme]; or (iii)
any breath by the Contractor of this Sub ‐Clause 4.6 [Co‐
operation]; or (iv) any other default, breath or negligence of the
Contactor or any omission or default by the Contractor's
Personnel, the Contractor shall not be entitled to any extension
of the Time for Completion or any Milestone Date nor additional
payment in respect of such Cost or any other adjustment to the
Contract Price.
4.7.1 The Contractor shall set out the Works in relation to The Contractor shall set out the Works in relation to original
original points, lines and levels of reference specified in the points, lines and levels of reference specified in the Contract or
Contract or notified by the Employer’s Representative. The notified by the Engineer. The Contractor shall be
Contractor shall be responsible for the correct positioning of all responsible for the correct positioning of all parts of the Works,
parts of the Works, and shall rectify any error in the positions, and shall rectify any
levels, dimensions or alignment of the Works. error in the positions, levels, dimensions or alignment of the
Works.
4.7.2 The Employer shall be responsible for any errors in these The Employer shall be responsible for any errors in these
specified or notified items of reference, but the Contractor shall specified or notified items of
take such reasonable steps as are required to verify their reference, but the Contractor shall use reasonable efforts to
accuracy before they are used. verify their accuracy
before they are used.
4.7.3 If the Contractor suffers delay and/or incurs Cost from If the Contractor suffers delay and/or incurs Cost from executing
executing work which was necessitated by an error in these items work which was
of reference , and an experienced, prudent contractor exercising necessitated by an error in these items of reference, and an
the Standard of Care could not reasonably have discovered such experienced contractor
error and avoided this delay and/or Cost, the Contractor shall could not reasonably have discovered such error and avoided this
give notice to the Employer’s Representative of such error and delay and/or Cost,
Setting Out
Setting Out
shall give a further notice to the Employer’s Representative and the Contractor shall give notice to the Engineer and shall be
shall be entitled subject to Sub ‐Clause 20.1 [Contractor's Claims] entitled subject to SubClause 20.1 [Contractor's Claims] to:
4.7
4.7
No difference
to: (a) an extension of time for any such delay, if completion is or will
(a) an extension of time for any such delay, if completion is or will be delayed,
be delayed under Sub ‐Clause 8.4 [Extension of time for under Sub‐Clause 8.4 [Extension of Time for Completion], and
Completion and of Milestone dates]; and (b) payment of any such Cost plus reasonable profit, which shall
(b) payment of any such Cost, which shall be added to the be included in the
Contract Price. Contract Price.
After receiving this notice, the Engineer shall proceed in
4.7.4 After receiving this notice, the Employer’s Representative accordance with SubClause 3.5 [Determinations] to agree or
shall proceed in accordance with Sub Clause 3.6 [Determinations] determine (i) whether and (if so) to what extent
to agree or determine (i) whether and (if so) to what extent the the error could not reasonably have been discovered, and (ii) the
error could not reasonably have been discovered by an matters described
experienced, prudent contractor exercising the Standard of Care in sub‐paragraphs (a) and (b) above related to this extent.
and (ii) matters described in Sub ‐Clause 4.7.3 (a) and (b).
The Contractor shall: The Contractor shall:
(a) comply with all applicable Authorities safety regulations and (a) comply with all applicable safety regulations,
the Employer’s Health and Safety Policy, (b) take care for the safety of all persons entitled to be on the
(b) take care for the safety of all entities or persons entitled to be Site,
on the Site, (c) use reasonable efforts to keep the Site and Works clear of
(c)use reasonable efforts to keep the Site and works clear of unnecessary
unnecessary obstruction so as to avoid danger to these persons, obstruction so as to avoid danger to these persons,
(d) provide fencing, lighting, guarding and watching of the Works (d) provide fencing, lighting, guarding and watching of the Works
Safety Procedures
Safety Procedures
until completion and taking over of the whole of the Works under until completion
Clause 10 [Employer's Taking Over], and and taking over under Clause 10 [Employer's Taking Over], and
(e) provide any Temporary Works (including roadways, footways, (e) provide any Temporary Works (including roadways, footways,
4.8
4.8
No difference
guards and fences) which may be necessary for the execution and guards and
completion of the Works and the remedying of any defects in the fences) which may be necessary, because of the execution of the
Works in accordance with the Contract, for the use and Works, for
protection of the public and of owners and the use and protection of the public and of owners and occupiers
occupiers of adjacent land. of adjacent
land.
4.9.1 The Contractor shall institute a quality assurance system The Contractor shall institute a quality assurance system to
to demonstrate compliance with the requirements of the demonstrate compliance with
Contract. The system shall be in accordance with the details the requirements of the Contract. The system shall be in
stated in the Contract. The Employer and any representatives for accordance with the details
and on behalf of the Employer and the Employer’s Representative stated in the Contract. The Engineer shall be entitled to audit any
shall be entitled to audit any aspect of the system during the aspect of the system.
normal working hours under Sub ‐Clause 6.5 [Working Hours]. Details of all procedures and compliance documents shall be
submitted to the
4.9.2 Details of all procedures and compliance documents shall Engineer for information before each design and execution stage
be submitted to the Employer’s Representative for information is commenced.
before each design and execution stage is commenced. When any When any document of a technical nature is issued to the
document of a technical nature is issued to the Employer’s Engineer, evidence of the
Representative, evidence of the prior approval by the Contractor prior approval by the Contractor himself shall be apparent on the
Quality Assurance
Quality Assurance
himself shall be stamped, signed, dated and made apparent on document itself.
the document itself. Compliance with the quality assurance system shall not relieve
4.9
4.9
the Contractor of any No difference
4.9.3 Compliance with the quality assurance system shall not of his duties, obligations or responsibilities under the Contract.
relieve the Contractor of any of his duties, obligations,
responsibilities or liabilities under the Contract
4.10.1 The Contractor warrants, undertakes and represents to The Employer shall have made available to the Contractor for his
the Employer that it has satisfied itself and obtained all necessary information, prior to
information as to risks, contingencies, matters and other the Base Date, all relevant data in the Employer's possession on
circumstances which may influence or affect the completion and sub‐surface and
execution of the Works and the remedying of defects of the hydrological conditions at the Site, including environmental
Works in accordance with the Contract. The Employer does not aspects. The Employer shall similarly make available to the
warrant the sufficiency, accuracy or validity of the Site Contractor all such data which come into the
Information or any other data provided to the Contractor by or Employer's possession after the Base Date. The Contractor shall
on behalf of the Employer and the Contractor shall have no claim be responsible for the contract :risk
against the Employer for any cost, loss or damage (including interpreting all such data. on contractor ,the
delay) suffered by the Contractor on account of relying on the To the extent which was practicable (taking account of cost and fidic:risk on
Site Information or other data provided by or on behalf of the time), the Contractor employer’s
Contractor. shall be deemed to have obtained all necessary information as to representative
risks, contingencies and
4.10.2 The Contractor shall be deemed to have inspected and other circumstances which may influence or affect the Tender or
examined the (i) Site, Enabling Works and Existing Works (if any) Works. To the same
and their surroundings; (ii) the Site Information; (iii) publicly extent, the Contractor shall be deemed to have inspected and
available information in the Country; and (iv) other information examined the Site, its
which an experienced, prudent contractor exercising the surroundings, the above data and other available information,
Standard of Care could reasonably be expected to have or to and to have been satisfied
obtain and to have satisfied itself (and the Contractor before submitting the Tender as to all relevant matters, including
acknowledges and warrants undertakes and represents to the (without limitation):
Employer that it has satisfied itself) before entering into the (a) the form and nature of the Site, including sub‐surface
Contract as to all relevant matters, including (without limitation): conditions,
(a) the form and nature of the Site, Enabling Works and Existing (b) the hydrological and climatic conditions,
Works (if any) and their surroundings, including sub ‐surface, (c) the extent and nature of the work and Goods necessary for
geological and geo‐technical conditions, the execution and
(b) the hydrological, environmental and climatic conditions, completion of the Works and the remedying of any defects,
(c) the extent and nature of the work and Goods necessary for (d) the Laws, procedures and labour practices of the Country, and
the execution and completion of the Works and the remedying of (e) the Contractor's requirements for access, accommodation,
any defects in the Works, facilities, personnel,
Site Data
Site Data
4.10
4.10
(d) the Laws, procedures and labour practices of the Country, and power, transport, water and other services.
(e) the Contractor's requirements for access, accommodation,
facilities, personnel power transport water and other services
necessary for the execution and completion of the Works and the
remedying of any defects in the Works.
4.10.3 Except as otherwise stated in the Contract
(a) the Contractor shall be deemed to have obtained all necessary
information as to risks, contingencies, matters and other
circumstances which may influence or affect the completion and
execution of the Works in accordance with the Contract;
execution of the Works in accordance with the Contract;
(b) by executing the Contract, the Contractor accepts total
responsibility for having foreseen all risks, difficulties and costs of
completing and executing the Works and remedying of defects in
the Works in accordance with the Contract and
(c) the Contract Price, the Time for Completion and any Milestone
Date shall not be extended or adjusted to take account of any
unforeseen risks, difficulties or costs and nor shall the Contractor
be entitled to any additional payment from the Employer to deal
with such unforeseen risks, difficulties or costs.
4.11.1 The Contractor shall be deemed to: The Contractor shall be deemed to (a) have satisfied himself as to
(a) have satisfied himself (and the Contractor acknowledges and the correctness and sufficiency of the Accepted Contract Amount,
warrants, undertakes and represents to the Employer that it has and (b) have based the Accepted Contract Amount on the data,
satisfied itself) as to the correctness and sufficiency of the interpretations, necessary information, inspections, examinations
Contract Price, and and satisfaction as to all relevant matters referred to in Sub‐
Sufficiency of the Contract Price
Sufficiency of the Contract Price
(b) have based the Contract Price on the data, interpretations, Clause 4.10 [Site Data]. Unless otherwise stated in the Contract,
necessary information, inspections, examinations and satisfaction the Accepted Contract Amount covers all the Contractor's
as to all relevant matters referred to in Sub ‐Clause 4.10 [Site obligations under the Contract (including those under Provisional
Data] and any further data relevant to the Contractor's design (if Sums, if any) and all things necessary for the proper execution
any). and completion of the Works and the remedying of any defects.
4.11
4.11
No difference
4.11.2 Except as otherwise stated in the Contract, the Contract
Price covers all the Contractor's obligations under the Contract
and all things necessary for the execution and completion of the
Works and the remedying of any defects in the Works in
accordance with the Contract.
4.12.1 In this Sub ‐Clause, "physical conditions" means physical In this Sub‐Clause, "physical conditions" means natural physical
conditions (whether natural or man‐made) and other physical conditions and man made and other physical obstructions and
obstructions, hydrological, environmental conditions at the Site pollutants, which the Contractor
except weather conditions or conditions due to weather encounters at the Site when executing the Works, including sub‐
conditions or any part of the Works themselves which the surface and hydrological conditions but excluding climatic
Contractor encounters when he is executing the Works under and conditions.
in accordance with the Contract. If the Contractor encounters adverse physical conditions which
he considers to have been
4.12.2 If the Contractor encounters adverse physical Unforeseeable, the Contractor shall give notice to the Engineer as
conditions which are Unforeseeable, the Contractor shall give soon as practicable.
notice to the Employer’s Representative as soon as practicable This notice shall describe the physical conditions, so that they can
and in any event within 21 days of encountering such adverse be inspected by
physical conditions. The Contractor's notice shall describe the the Engineer, and shall set out the reasons why the Contractor
physical conditions, so that they can be inspected by the considers them to be
Employer’s Representative, and shall set out the reasons why the Unforeseeable. The Contractor shall continue executing the
Contractor considers them to be Unforeseeable. The Contractor Works, using such proper
shall continue to execute the Works under the Contract, using the and reasonable measures as are appropriate for the physical
proper measures as are appropriate for the physical conditions, conditions, and shall
and shall comply with any instructions which the Employer's comply with any instructions which the Engineer may give. If an
Representative may give under Sub ‐Clause 3.4 [Instructions of instruction constitutes
the Employer's Representative]. a Variation, Clause 13 [Variations and Adjustments] shall apply.
If and to the extent that the Contractor encounters physical
If and to the extent that the Contractor encounters physical
4.12.3 If the arrangements and methods previously notified to conditions which are Unforeseeable, gives such a notice, and
the Employer's Representative under Sub ‐Clause 4.1 suffers delay and/or incurs Cost due to these conditions,
[Contractor's General Obligations] need to be altered as a result the Contractor shall be entitled subject to Sub‐Clause 20.1
of the adverse physical conditions the Contractor shall, as soon as [Contractor's Claims] to:
practicable and in any event within 21 days of encountering such (a) an extension of time for any such delay, if completion is or will
adverse physical conditions submit details of the altered be delayed,
arrangements and methods which the Contractor intends to under Sub‐Clause 8.4 [Extension of Time for Completion], and
adopt for the execution and completion of the Works, including (b) payment of any such Cost, which shall be included in the
method statements and a statement of how the Contractor plans Contract Price.After receiving such notice and inspecting and/or
to execute and complete the Works identifying the Contractor's investigating these physical
Equipment and other resources which the Contractor intends to conditions, the Engineer shall proceed in accordance with Sub‐
use for the execution and completion of the Works to reflect such Clause 3.5
adverse physical conditions. [Determinations] to agree or determine (i) whether and (if so) to
what extent these
4.12.4 If and to the extent that the Contractor encounters physical conditions were Unforeseeable, and (ii) the matters
adverse physical conditions which are Unforeseeable, the described in subparagraphs (a) and (b) above related to this
Contractor has given the relevant notice(s) as required by Sub ‐ extent.
Clause 4.12.2, and is not otherwise in default of this Sub ‐Clause However, before additional Cost is finally agreed or determined
4.12 [Unforeseeable Physical Conditions] and suffers delay under subparagraph (ii), the Engineer may also review whether
and/or incurs Cost due to these conditions, the Contractor shall other physical conditions in
give a further notice to the Employer's Representative ' and similar parts of the Works (if any) were more favourable than
entitled subject to Sub Clause 20.1 [Contractor's Claims] to: could reasonably have
(a) an extension of time for any such delay, if completion is or will been foreseen when the Contractor submitted the Tender. If and
be delayed under Sub Clause 8.4 [Extension of Time for to the extent that
Completion and of Milestone Dates]; and these more favourable conditions were encountered, the
(b) payment of any such Cost, which shall be added to the Engineer may proceed in
Contract Price. accordance with Sub‐Clause 3.5 [Determmations] to agree or
determine the
4.12.5 After receiving such notices and inspecting and/or reductions in Cost which were due to these conditions, which
investigating these physical conditions, the Employer's may be included (as
Representative shall proceed in accordance with Sub ‐Clause 3.6 deductions) in the Contract Price and Payment Certificates.
[Determinations] to agree or determine (i) whether and Of so) to However, the net effect of
what extent these physical conditions were Unforeseeable, and all adjustments under sub‐paragraph (b) and all these reductions,
(i) the matters described in Sub ‐Clause 4.12.4 (a) and (b). for all the physical
conditions encountered in similar parts of the Works, shall not
Unforeseeable Physical Conditions
Unforeseeable Physical Conditions
4.12.6 However, before any extension to the Time for result in a net reduction
Completion or to any Milestone Date or any additional Cost is in the Contract Price.
finally agreed or determined under Sub ‐Clause 4.12.4 (a) and (b), The Engineer may take account of any evidence of the physical
the Employer's Representative may also review whether other conditions foreseen
physical conditions in similar parts of the Works (if any) were by the Contractor when submitting the Tender, which may be
4.12
4.12
4.12.7 In judging to what extent the physical conditions were
Unforeseeable, the Contractor is assumed to have taken into
4
account
(a) the Site Information;
(b) publicly available information in the Country;
(c) information obtainable from a visual inspection of the Site and
its surroundings; and
(d) other information which an experienced, prudent contractor
could reasonably expected to have or to obtain had it exercised
the Standard of Care,
and only the difference between the physical conditions
encountered and those for which it would have been reasonable
to have allowed is taken into account in determining any such
extension to the Time for Completion or to any Milestone Date or
any additional Cost, as the case may be.
4 12 8 Thi S b Cl 4 12 [U f bl Ph i l
4.12.8 This Sub ‐Clause 4.12 [Unforeseeable Physical
Conditions] shall not affect the Contractor's rights and remedies
under Sub ‐Clause 424 [Fossils].
The Contractor shall bear all costs and charges for special and/or The Contractor shall bear all costs and charges for special and/or
temporary rights of‐way which he may require, including those temporary rights of‐way which he may require, including those
Rights of Way and Facilities
4.13
with the contract. no difference
4.14.1 The Contractor shall not interfere unnecessarily or The Contractor shall not interfere unnecessarily or improperly
improperly with: with:
(a) the convenience of the public, or (a) the convenience of the public, or
(b) the access to and use and occupation of all roads and (b) the access to and use and occupation of all roads and
footpaths, irrespective of whether they are public or in the footpaths, irrespective of whether they are public or in the
possession of the Employer or of possession of the Employer or of
Avoidance of Interference
Avoidance of Interference
others. others.
The Contractor shall indemnify and hold the Employer harmless
4.14.2 The Contractor shall indemnify and hold the Employer against and from all
4.14
4.14
4.15.1 The Contractor shall be deemed to have been satisfied The Contractor shall be deemed to have been satisfied as to the
as to the suitability and availability of access routes to and from suitability and
the Site. The Contractor shall prevent any road, bridge or other availability of access routes to the Site. The Contractor shall use
structure from being damaged by the Contractor's traffic or by reasonable efforts to
the Contractor's Personnel or otherwise being damaged in prevent any road or bridge from being damaged by the
connection with the execution and completion of the Works and Contractor's traffic or by the
the remedying of defects in the Works. These efforts shall include Contractor's Personnel. These efforts shall include the proper use
the proper use of appropriate vehicles and routes having regard of appropriate
to the size, scope and complexity of the Works. vehicles and routes.
Except as otherwise stated in these Conditions:
4.15.2 Except as otherwise stated in the Contract: (a) the Contractor shall (as between the Parties) be responsible
(a) the Contractor shall (as between the Parties) be responsible for any
for any maintenance which may be requited for his use of access maintenance which may be required for his use of access routes;
routes and for repairing any damage to any highway, bridge or (b) the Contractor shall provide all necessary signs or directions
other structure as a result of the Contractor's traffic or by the along access
Contractor's Personnel or for moving of loads or otherwise being routes, and shall obtain any permission which may be required
damaged in connection with the execution and completion of the from the
Works and the remedying of defects in the Works; relevant authorities for his use of routes, signs and directions;
(b) the Contractor shall provide all necessary signs or directions (c) the Employer shall not be responsible for any claims which
along access routes, and shall obtain any permission which may may arise from the
be required from the relevant authorities or owner for his use of use or otherwise of any access route, (d) the Employer does not
routes, signs and directions; guarantee the suitability or availability of particular
, g ; g y y p
(c) the Employer shall not be responsible for any claims which access routes, and
may arise from the use or otherwise of any access route, (e) Costs due to non‐suitability or non‐availability, for the use
Access Route
Access Route
(d) the Employer does not warrant or give any representations required by the
nor give any guarantees as to the suitability or availability of Contractor, of access routes shall be borne by the Contractor.
4.15
4.15
No difference risk on contractor
particular access routes, and
(e) Costs due to non ‐suitability or non availability, for the use
required by the Contractor, of access routes shall be borne by the
Contractor.
4.15.3 The Contactor shall indemnify and hold the Employer
harmless against and from all Losses resulting from the special
protection or strengthening of such highway, bridge or other
structure and from any road, bridge or other structure from being
damaged by the Contractor's traffic or by the Contractor's
Personnel or otherwise being damaged in connection with the
execution and completion of the Works and the remedying of
defects in the Works.
Unless otherwise stated in the Particular Conditions: Unless otherwise stated in the Particular Conditions:
(a) the Contractor shall give the employer’s representative not (a) the Contractor shall give the Engineer not less than 21 days'
less than 14 days' notice of the date on which any Plant or a notice of the date on which any Plant or a major item of other
major item of other Goods will be delivered to the Site; Goods will be delivered to the Site;
(b) the Contractor shall be responsible for packing, loading, (b) the Contractor shall be responsible for packing, loading,
transporting, receiving, unloading, storing and protecting all transporting, receiving, unloading, storing and protecting all
Goods and other things required for the Works; and Goods and other things required for the Works; and
(c) the Contractor shall indemnify and hold the Employer (c) the Contractor shall indemnify and hold the Employer
Transport of Goods
Transport of Goods
harmless against and from all damages, losses and expenses harmless against and from all damages, losses and expenses
(including legal fees and expenses) resulting from the transport of (including legal fees and expenses) resulting from the transport of the contract: 14
4.16
4.16
The Contractor shall be responsible for all Contractor's The Contractor shall be responsible for all Contractor's
Equipment. When brought on to the Site, Contractor's Equipment Equipment. When brought on to the Site, Contractor's Equipment
shall be deemed to be exclusively intended for the execution of shall be deemed to be exclusively intended for the execution of
the Works. The Contractor shall not remove from the Site any the Works. The Contractor shall not remove from the Site any
Contractor's Equipment
Contractor's Equipment
major items of Contractor's Equipment without the consent of major items of Contractor's Equipment without the consent of
the employer’s representative. However, consent shall not be the employer’s representative. However, consent shall not be
required for vehicles transporting Goods or Contractor's required for vehicles transporting Goods or Contractor's
4.17
4.17
No difference
Personnel off Site. Personnel off Site.
4.18.1 The Contractor shall prevent any damage to the The Contractor shall take all reasonable steps to protect the
environrnent (both on and off the Site) and shall limit damage environment (both on and off the Site) and to limit damage and
and nuisance to people and property resulting from pollution, nuisance to people and property resulting from
noise and other results of his operations. The Contractor shall pollution, noise and other results of his operations.
indemnify and hold the Employer harmless against and from all The Contractor shall ensure that emissions, surface discharges
Losses resulting from any damage to the environment and and effluent from the
nuisance to people and property resulting from pollution, noise Contractor's activities shall not exceed the values indicated in the
and other results of his operations. Specification, and
shall not exceed the values prescribed by applicable Laws.
4.18.2 The Contractor shall ensure that missions, surface
discharges and effluent from the Contractor's activities shall not
exceed the values indicated in the Contract and shall not in any
event exceed the values prescribed by applicable Laws. The the contract add:
Contractor shall indemnify and hold the Employer harmless The Contractor
against and from all Losses and Indirect Losses resulting from the shall indemnify
emissions, surface discharges and effluent from the Contractor's and hold the
Protection of the Environment
Protection of the Environment
activities exceeding the values prescribed by applicable Laws. Employer harmless
against and from
4.18.3 On or before the Commencement Date, the Contractor all Losses and
shall notify any Authority (including any local government Indirect Losses
4.18
4.18
Authorities) responsible for the administration of any No difference resulting from the
environmental Laws that it has, or will be taking control of (and emissions, surface
shall be responsible for) the Works from the Commencement discharges and
Date until the Time for Completion. This notice shall also request effluent from the
that the relevant Authority liaises directly with the Contractor on Contractor's
all matters relating to environmental compliance on and activities
immediately around the Site during this time, and while the exceeding the
contractor is performing any Works on or around the Site. The values prescribed
Contractor shall promptly provide copies of all such notices by applicable Laws
issued, as well as any responses received from any Authorities, to
the Employer's Representative.
The Contractor shall be responsible for, and shall bear all Costs The Contractor shall, except as stated below, be responsible for
associated with, the provision of all power, water ,gas and other the provision of all power, water and other services he may
services and utilities he may require to execute and complete the require. The Contractor shall be entitled to use for the purposes
Works and to remedy any in the Works or as may be otherwise of the Works such supplies
required by the Contractor to perform and discharge his of electricity, water, gas and other services as may be available on
obligations under or in connection with the Contract until the the Site and of which details and prices are given in the
Electricity, Water and Gas
Electricity, Water and Gas
whole of the Works are taken over by the Employer under Sub ‐ Specification. The Contractor shall, at his risk and cost, provide
Clause 10.1 [Taking Over of the Works and Sections], except in any apparatus necessary for his use of these services and for
respect of permanent power required for commissioning measuring the quantities consumed. The quantities consumed
4.19
4.19
4.20.1 The Employer may make the Employer's Equipment, if The Employer shall make the Employer's Equipment (if any)
any, available for the use by the Contractor in the execution and available for the Contractor in the execution of the Works in
completion of the Works in accordance with such details, accordance with the details, arrangements
arrangements and prices notified to the Contractor by the and prices stated in the Specification. Unless otherwise stated in
Employer or the Employer's Representative (as the case may be). the Specification:
The Employer shall not be responsible for any defect in or (a) the Employer shall be responsible for the Employer's
inadequacy of the Employer's Equipment, nor does the Employer Equipment, except that (b) the Contractor shall be responsible for
give any representation or warranty, either express or implied, in each item of Employer's Equipment
respect of the suitability of the Employer's Equipment. The whilst any of the Contractor's Personnel is operating it, driving it,
Contractor shall be responsible for each item of Employer's directing it or
Equipment whilst any of the Contractor's Personnel is operating in possession or control of it.
it, driving it, directing it or in possession or control of it. The appropriate quantities and the amounts due (at such stated
prices) for the use of
4.20.2 The Contractor shall use the Employer's Equipment at its Employer's Equipment shall be agreed or determined by the
own risk and shall indemnify and hold the Employer harmless Engineer in accordance
against and from all Losses arising out of the Contractor and the with Sub‐Clause 2.5 [Employer's Claims] and Sub‐Clause 3.5
Contractor's Personnel use of the Employer's Equipment [Determinations]. The
Contractor shall pay these amounts to the Employer.
4.20.3 The appropriate quantities to be provided and the The Employer shall supply, free of charge, the "free‐issue
d f h C ( h d i )f h i l " (if )i
amounts due from the Contractor (at such stated prices) for the materials" (if any) in
use of Employer's Equipment shall be agreed or determined by accordance with the details stated in the Specification. The
the Employer's Representative in accordance with Sub ‐Clause 2.3 Employer shall, at his risk
[Employer's Claims] and Sub ‐Clause 3.6 [Determinations]. The and cost, provide these materials at the time and place specified
Contractor shall pay these amounts to the Employer without any in the Contract. The
deduction or set‐off. Contractor shall then visually inspect them, and shall promptly
give notice to the
4.20.4 The Employer may supply to the Contractor, free of Engineer of any shortage, defect or default in these materials.
charge, "free ‐issue material" in accordance with the Contract as Unless otherwise
well as any other "free ‐issue materiar as may be instructed by agreed by both Parties, the Employer shall immediately rectify
the Employer's Representative during the execution and the notified shortage,
completion of the Works ("Free ‐Issue Materials"). The Employer defect or default.
shall, at his risk and cost, provide the Free Issue Materials to the After this visual inspection, the free‐issue materials shall come
Contractor at the place and manner stated in Contract and by the under the care, custody
later of the date stated in the Contract and the date for supplying and control of the Contractor. The Contractor's obligations of
the Free ‐Issue Materials in the Contract at which time the Free inspection, care,
Issue Materials shall come under the care, custody and control of custody and control shall not relieve the Employer of liability for
the Contractor and the Contractor shall ensure such Free ‐Issue any shortage, defect
Materials are protected against loss, damage or deterioration. or default not apparent from a visual inspection.
4.20.5 The Contractor shall inspect the Free Issue Materials
within 21 days upon taking custody of the Free‐issue Materials
for any shortage, defect or default and for any non‐compliance
with the Applicable Codes and Standards, Permits and Approvals
and the relevant Laws and shall notify the Employer's
Representative promptly (and in any event within 5 days of so
Employer's Equipment and Free‐Issue Material
discovering), if any shortage, defect, default or non compliance is Employer's Equipment and Free‐Issue Material
discovered in the Free ‐Issue Materials. The Contractor may at its
sole discretion either (a) reject such Free‐ Issue Materials after
issuing such notice; or (b) remedy such shortage, defect, default
or non‐compliance in the Free ‐Issue Materials as soon as
reasonably practicable.
4.20
4.20
No difference
4.20.6 If the Contractor suffers delay and/or Incurs additional
Cost as a result of the Employer failing to provide the Free ‐Issue
Materials by the date stated in the Contract (if any) or as a result
of any shortage, defect, default or non‐compliance in the Free ‐
Issue Materials, the Contractor shall not be entitled to an
extension to the Time for Completion or any Milestone Date, or
to any additional payment or adjustment to the Contract Price.
4.20.7 The Employer may enter into framework arrangements
or similar arrangements with specific third party suppliers for the
ongoing purchase and supply of items of Plant or Materials for
use in respect of the Works which are similar or equivalent to the
Plant or Materials that are identified in the Bill of Quantities
("Category Management Framework Agreements"). The Category
Management Framework Agreements shall stipulate the rates
and prices for such items of Plant or Materials.
4.20.8 If the Employer enters into any Category Management
Framework Agreements and the rate a price for the items of Plant
or Materials in the Category Management Framework
Agreements are less than the rate for the same items of Plant or
Materials in the Bill of Quantities, the Contractor agrees to:
(a) procure such items of Plant or Materials using the Category
Management Framework Agreements in connection with the
Works but not for any other project or purpose; and
(b) vary the rate or price in the Bill of Quantities to match the rate
or price in the Category Management Framework Agreements for
the same items of plant or Materials.
4.21.1 Unless otherwise stated in the Contract, progress Unless otherwise stated in the Particular Conditions, monthly
reports shall be prepared every month by the Contractor with progress reports shall be
two copies to be submitted to the Employer and one copy to be prepared by the Contractor and submitted to the Engineer in six
submitted to the Employer's Representative. Each copy of the copies. The first
progress report shall be a soft copy in editable portable report shall cover the period up to the end of the first calendar
document format and Primavera P6 format, and a hard copy. The month following the
first progress report shall cover the period up to the end of the Commencement Date. Reports shall be submitted monthly
first month following the Commencement Date. Reports shall be thereafter, each within 7
submitted every month thereafter, each within 3 days after the days after the last day of the period to which it relates.
last day of the period to which it relates. Reporting shall continue until the Contractor has completed all
work which is known to be
4.21.2 Reporting shall continue until the Contractor has outstanding at the completion date stated in the Taking‐Over
completed all work which is known to be outstanding at the Certificate for the Works.
completion date stated in the Taking ‐Over Certificate for the Each report shall include:
Works. (a) charts and detailed descriptions of progress, including each
stage of design (if
4.21.3 Each report shall include: any), Contractor's Documents, procurement, manufacture,
(a) charts, detailed descriptions and summary of progress, delivery to Site,
including each stage of design (if any), Contractor's Documents, construction, erection and testing; and including these stages for
procurement, manufacture, delivery to Site, constnrction, work by each
erection and testing; and including these stages for work by each nominated Subcontractor (as defined in Clause 5 [Nominated
nominated Subcontractor (as defined in Clause 4.5A [Nominated Subcontractors]),
Subcontractors], (b) photographs showing the status of manufacture and of
(b) photographs showing the status of the Works, each Section progress on the Site;
and Milestone on and off the Site; (c) for the manufacture of each main item of Plant and Materials,
(c) for the manufacture of each item of Plant and Materials, the the name of the
name of the manufacturer, manufacture location, percentage manufacturer, manufacture location, percentage progress, and
progress, and the actual or expected dates of the actual or
(i) commencement of manufacture, expected dates of:
(ii) Contractor's inspections, (i) commencement of manufacture,
(iii) tests, and (ii) Contractor's inspections,
(iv) shipment and arrival at the Site: (iii) tests, and
(d) the details described in Sub ‐Clause 6.11 [Records of (iv) shipment and arrival at the Site;
Contractor's Personnel and equipment] (d) the details described in Sub‐Clause 6.10 [Records of
(e) copies of quality assurance documents, test results and Contractor's Personnel
certificates of Materials and Equipment];
(f) list of notices given under Sub ‐Clause 2.3 [Employer’s Claims] (e) copies of quality assurance documents, test results and
and notices given 20.1 [Contractor's Claims]; certificates of
(g) safety statistics, including details of any hazardous incidents Materials;
and activities relating to environmental aspects and public (f) list of notices given under Sub‐Clause 2.5 [Employer's Claims]
relations; and notices
(h) comparisons of actual against planned progress, with details given under Sub‐Clause 20.1 [Contractor's Claims];
of any events or circumstances which may jeopardise the (g) safety statistics, including details of any hazardous incidents
Progress Reports
Progress Reports
completion in accordance with the Contract, and the measures and activities
being (or to be) adopted to overcome delays; relating to environmental aspects and public relations; and (h)
4.21
4.21
4.21.5 Such updated programme shall be submitted in three
hard copies and one soft copy (including the native Primavera P6
file and all supplemental documents). The updated programme
shall be submitted one week after the acceptance of the first
programme in accordance with Sub ‐Clause 8.3.1 and weekly
thereafter.
Unless otherwise stated in the Particular Conditions: Unless otherwise stated in the Particular Conditions:
(a) the Contractor shall be responsible for keeping unauthorised (a) the Contractor shall be responsible for keeping unauthorised
persons off the Site, and persons off the Site, and
Security of The Site
Security of The Site
(b) authorised persons shall be limited to the Contractor's (b) authorised persons shall be limited to the Contractor's
Personnel and the Employer's Personnel; and to any other Personnel and the Employer's Personnel; and to any other
4.22
4.22
personnel notified to the Contractor, by the Employer or the personnel notified to the Contractor, by the Employer or the No difference
employer’s representative , as authorised personnel of the employer’s representative , as authorised personnel of the
Employer's other contractors ,consultants or operators on the Employer's other contractors ,consultants or operators on the
Site. Site.
4.23.1 The Contractor shall confine his operations to the Site, The Contractor shall confine his operations to the Site, and to any
and to any additional areas which may be obtained by the additional areas which may be obtained by the Contractor and
Contractor and agreed by the Employer's Representative as agreed by the Engineer as working
working areas. The Contractor shall take all necessary precautions areas. The Contractor shall take all necessary precautions to keep
to keep Contractor's Equipment and Contractor's Personnel Contractor's
within the Site and these additional areas, and to keep them off Equipment and Contractor's Personnel within the Site and these
adjacent land. additional areas, and
to keep them off adjacent land.
4.23.2 During the execution of the Works, the Contractor shall During the execution of the Works, the Contractor shall keep the
keep the Site free from all unnecessary obstruction , and shall Site free from all
store or dispose of any Contractor's Equipment or surplus unnecessary obstruction, and shall store or dispose of any
Contractor's Operations on Site
Contractor's Operations on Site
materials. The Contractor shall clear away and remove from the Contractor's Equipment or
Site any wreckage, rubbish and Temporary Works which are no surplus materials. The Contractor shall clear away and remove
longer required. from the Site any
wreckage, rubbish and Temporary Works which are no longer
4.23.3 Upon the issue of a Taking ‐Over Certificate, the required.
4.23
4.23
No difference
Contractor shall clear away and remove, from the part of the Site Upon the issue of a Taking‐Over Certificate, the Contractor shall
and Works to which the Taking ‐Over Certificate refers, all clear away and
Contractor's Equipment, wreckage, rubbish and Temporary remove, from that part of the Site and Works to which the Taking‐
Works. The Contractor shall leave that part of the Site and the Over Certificate
Works im a clean and safe condition. However, the Contractor refers, all Contractor's Equipment, surplus material, wreckage,
may retain on Site, during the Defects notification period, such rubbish and Temporary
Goods as are required for the Contractor to fulfil obligations Works. The Contractor shall leave that part of the Site and the
under the Contract. Works in a clean and
safe condition. However, the Contractor may retain on Site,
during the Defects Notification Period, such Goods as are
required for the Contractor to fulfil obligations under
the Contract.
4.24.1 All fossils, coins, articles of value or antiquity, and All fossils, coins, articles of value or antiquity, and structures and
structures and other remains or items of geological or other remains or
archaeological interest found on the Site shall be placed under items of geological or archaeological interest found on the Site
the care and authority of the Employer. The Contractor shall take shall be placed under
all necessary precautions to prevent Contractor's Personnel or the care and authority of the Employer. The Contractor shall take
other entities or persons from removing or damaging any of reasonable
these findings. precautions to prevent Contractor's Personnel or other persons
from removing or
4.24.2 Upon the discovery of any such finding, the Contractor damaging any of these findings.
shall: The Contractor shall, upon discovery of any such finding,
(a) take all necessary precautions to protect the finding and its promptly give notice to the
immediate surrounds; Engineer, who shall issue instructions for dealing with it. If the
(b) comply with all Laws applying to the finding immediately upon Contractor suffers delay
its discovery; and/or incurs Cost from complying with the instructions, the
(c) give notice to the Employer's Representative within 24 hours Contractor shall give a
of the discovery; further notice to the Engineer and shall be entitled subject to Sub‐
(d) immediately notify the Employer's Representative of any Clause 20.1
instructions it has received from any Authority in relation to the [Contractor's Claims] to:
finding; and (a) an extension of time for any such delay, if completion is or will
(e)comply with any instructions of the Employer's Representative be delayed,
or any Authority in relation to the finding. under Sub‐Clause 8.4 [Extension of Time for Completion], and
(b) payment of any such Cost, which shall be included in the
s
s
( )p y y ,
Fossils
Fossils
4.24
4.24
If the Contractor suffers delay and/or incurs Cost from complying Contract Price. No difference
with the instructions of either the Employer's Representative or After receiving this further notice, the Engineer shall proceed in
any Authority, the Contractor shall give a further notice to the accordance with SubClause 3.5 [Determinations] to agree or
Employer's Representative and shall be entitled subject to Sub ‐ determine these matters.
Clause 20.1 [Contractor's Claims] to:
(a) an extension of time for any such delay, if completion is or will
be delayed under Sub ‐Clause 8.4 [Extension of Time for
Completion and of Milestone Dates]; and
(b) payment of any such Cost, which shall be added to the
Contract Price.
4.24.3 After receiving this further notice, the Employer's
Representative shall proceed in accordance with Sub ‐Clause 3.6
[Determinations] to agree or deterrnine the matters described in
Sub ‐Clause 4.24.2 (a) and (b)
The Contractor shall prepare and submit for the Employer's
Representative approval in accordance with Sub‐ clause 4.28
[.Approval Process and Requirements]:
(a) provisional (marked‐up) as‐built documents; and
(b) final as‐built documents showing the exact as‐built locations,
sizes and details of the work as executed,
at the time and in the manner set out in the Contract and
As‐Built Documents
thereafter keep those documents at Site In accordance with Sub‐
Clause 1.8 [Care and Supply of Documents]. Two (2) copies shall
be supplied to the Employer's Representative prior to the
4.25
Not in FIDIC
commencement of the Tests on Completion. The Works er a
Section shall not be considered as complete for the purpose of
taking over under Sub‐Clause 10.1 [Taking Over of the Works and
Sections) until the Employer's Representative has received and
approved the as‐built documents in accordance with the Contract
and this Sub‐Clause 4.25 (As‐Built Documents].
The Contractor shall train the Employer's Personnel or other
operational contractors employed by the Employer in the
operation and maintenance of the Works in accordance with the
Contract The Works or a section shall
not be considered as complete for the purposes of taking over
under Sub‐Clause 10.1 [Taking Over of the Works and Sections]
until such time as the training has been completed in accordance
Training
4.26
with the Contract and this Sub‐Clause 4.26 [Training]. Not in FIDIC
The Contractor shall supply to the Employer's Representative
Operation and Maintenance Manuals
operation and maintenance manuals in acc0ltlance with the
requirements of the Contract. The Works or a Section shall not be
considered as complete for the purposes of taking over under
Sub‐Clause 10.1 [Taking Over of the Works and Sections] until the
Employe(s Representative has received and approved all of the
operation and maintenance manuals in accordance with this Sub‐
4.27
Not in FIDIC
Clause 4.27 (Operation and Maintenance Manuals].
4.28.1 The Contractor's Documents Which are to be submitted
to the Employer's Representative for approval (including the
documents described in Sub‐Clauses 4.1.5(c), 4.25 and 4.27) and
the Contractor's proposed appointment of Subcontractor in
accordance with Sub‐Clause 4.4 [Subconbactors], shall be subject
to the process and requirements set out in this Sub Clause 4.28
[Approval Process and Requirements].
4.28.2 The Employer's Representative shall, within 14 days of
receipt of the Contractor's Document or receiving such
information or documentation under Sub Clause
4.4.2(c)[Subcontractor] (as the case may be), give notice to the
Contractor that a Contractor's Document or Subcontractor:
(a) is approved; or
(b) is rejected and giving reasons for such rejection.
4.28.3 The Employer's Representative shall not unreasonably
withhold approval of a Contractor's Documents or a
Subcontractor.
4.28.4 The execution of any part of the Waks that is subject to
the approval of the relevant Contractor's Documents by the
Employer's Representative shall not commence until the
Employer's Representative has provided such approval.
4.28.5 The execution of such parts of the Waks shall be in
accordance with the reviewed and approved Contractor's
Documents.
4.28.6 If The Contractor wishes to modify or alter any design or
document which has previously been submitted for approval, the
Contractor shall immediately give notice to 1he Employer's
Representative. Thereafter, The contractor shall submit revised
documents to the Employer's Representative in accordance with
the procedure in Sub‐Clause 4.28.2. The process in this Sub‐
Approval Process and Requirements
Clause 428 shall be repeated until the Contractor's Document or
a Subcontractor (as the case may be) is approved.
4.28.7 If a Contractor's Document or Subcontractor is rejected,
the Contract Document or information or documentation under
4.28
Sub‐Clause 4.4.2(c) [Subcontractors], as the case may be, shall (at Not in FIDIC
the Contractor's cost and risk) be rectified and resubmitted
within 21 days of the Employer's Representative's notice under
Sub‐Clause 4.28.2(b) fa approval in accordance with this Sub‐
Clause 4.28.
4.28.8 If the Employer's Representative has complied with the
requirements of this Sub‐Clause 4.28, the Contractor shall have
no entitlement to an extension of the Time for Completion
and/or Milestone Date or to any additional payment or
adjustment to the Contract Price, including where the Contractor
suffers delays or including any costs due to the Employer's
rejection of a Contractor's Document or Subcatractor.
4.28.9 If the Employer's Representative instructs that further
documents are required, the contractor shall prepare them
promptly. Any such approval or consent. or any review (under
this Sub‐Clause 4.28 or otherwise), shall not relieve the
Contractor tan any of its duties, obligations, responsibilities, or
liabili es arising out of, under, or in connec on with the Contract.
4.29.1 Without in any way limiting Sub‐Clause 4.1 [Contractor's
General Obligations], 4.10 [Site Data], and 4.11 [Stiffciency of
Contract Price], the Contractor shall procure the performance
and issuance of the Works Condition Report, and shall review and
examine the Existing Works, within 30 days after the relevant
date or dates upon which the Contractor is provided access to
such parts of the Site as are necessary for the performance of the
Works Condition Report
4.29.2 If the Works Condition Report identifies or discloses any
defends or damage in the Existing Works or if the Contractor
itself identifies such defects or damage, which require
remediation or rectification to enable the performance of the
Works or to otherwise enable the Contractor to discharge its
other obligations under the Contract, the Contractor shall notify
the Employer's Representative in writing of such issues and the
remediation or rectification works required, within 45 days after
the relevant date or dates upon which the Contractor is provided
access to such parts of the Site as are necessary for the
performance of the Works Condition Report The Contractor shall,
within such time also notify the Employer's Representative of any
extension to the Time for Completion that the Contractor will
require to undertake the required remediation or rectification
works and the additional cost of such works.
4.29.3 The Employer's Representative shall then review the
notification from the Contractor issued under Sub‐Clause 4.29.2
and determine whether or not, in its reasonable opinion, such
proposed remediation or rectification works are required. If the
Employer's Representative reasonably considers that such
remediation or rectification works are required, such works shall
be instructed as a Variation under Clause 13 [Variations and
Adjustments]. The Contractor shall then be entitled to an
adjustment to the Contract Price, if a1y, as determined in
accordance with the procedure contained in Sub‐Clause 13.8
[Valuation of Variations] and, subject to the Contractor's
compliance with Sub‐Clause 20.1 (Contractor's Claims], such
extension of the Time for Completion and/or Milestone Date(s) as
the Contractor may be entitled under Sub‐Clause 8.4 (Extension
of Time for Completion and of Milestone Dates).
4.29.4 Due to the mutual benefit for the Parties in promptly
identifying any defects and damage in the Existing Works as early
as possible, the Contractor shall have no entitlement to an
extension of the Time for Completion and/or at Milestone Date
nor any entitlement to additional payment or adjustment to the
Contract Price arising out of:
Existing Works
(a) any defects or damage in the Existing Works which are not
4.29
notified to the Employer's Representative within the period
Not in FIDIC
noted in, and in accordance with the procedure contained in, Sub‐
Clause 4.29.2; or
(b) the remediation or rectification of any defects or damage in
the Existing Works which is not identified and notified to the
Employer's Representative within the period noted in, and in
accordance with the procedure contained in, Sub‐Clause 4.29.2.
4.29.5 But for any defects or damage notified to the Employer's
Representative in accordance with Sub‐Clause 4.29.2 above, the
Contractor shall take full responsibility for the adequacy, stability,
and sufficiency of the design and construction of the Existing
Works (if any) from the Commencement Date, whereupon the
Existing Works shall become the responsibility of the Contractor
as if the Existing Works had been designed and constructed by
the Contractor.
4.29.6 The Contractor acknowledges and agrees that it shall:
(a) have no claim or entitlement to an extension of the Time fa
Completion and/or any Milestone Date nor any adjustment to the
Contract Price, except for such claims or entitlements to which
the Contractor may be entitled in accordance with Sub‐Clause
4.29.3 above; and
(b) not in any way be relieved from its representations,
warranties, obligations and liabilities under the Contract,
on account of, arising out of, or in connection with the adequacy
or suitability of the Existing Works Design, the Existing works
and/or any acts, omissions or defaults of the Existing Works
Contractor and/or Sub‐contractors and their agents or employees.
4.30.1 Without in any way limiting Sub‐Clauses 4.1
[Contractor's General Obligations], 4.10 [Site Data], and 4.11
[Sufficiency of Contract Price], the Contractor shall procure the
performance and issuance of the Works Condition Report, and
shall review and examine the Enabling Works, within 30 days
after the relevant date or dates upon which the Contractor is
provided access to such parts of the Site as are necessary for the
performance of the Works Condition Report
4.30.2 If the Works Condition Report identifies or discloses any
defects or damage in the Enabling Works or if the Contractor
itself identifies such defects or damage, which require
remediation or rectification to enable the performance of the
Works or to otherwise enable the Contractor to discharge its
other obligations under the Contract, the Contractor shall notify
the Employer's Representative in writing of such issues and the
remediation or rectification works required, within 45 days after
the relevant date or dates upon which the Contractor is provided
access to such parts of the Site as are necessary for the
performance of the Works Condition Report The Contractor shall,
within such time also notify the Employer's Representative of any
extension to the Time for Completion that the Contractor will
require to undertake the required remediation or rectification
works and the additional cost of such works.
4.30.3 The Employer's Representative shall then review the
notification from the Contractor issued under Sub‐Clause 4.30.2
and determine whether or not. in its reasonable opinion, such
proposed remediation or rectification works are required. If the
Employer's Representative reasonably considers that such
remediation or rectification works are required, such works shall
be instructed as a Variation under Clause 13 [Variations and
Adjustments]. The Contractor shall then be entitled to an
adjustment to the Contract Price, if any, as determined in
accordance with the procedure contained in Sub‐Clause 13.8
[Valuation of Variations] and, Subject to the Contractor's
compliance with Sub‐Clause 20.1 [Contractor's Claims], such
extension of the Time for Completion and/or Milestone Date(s) as
the Contractor may be entitled under Sub‐Clause 8.4 [Extension
of Time for Completion and of Milestone Dates].
4.30.4 Due to the mutual benefit for the Parties in promptly
identifying any defects and damage in the Enabling Works as
early as possible the Contractor shall have no entitlement to an
early as possible, the Contractor shall have no entitlement to an
extension of the Time for Completion and/or any Milestone Date
nor any entitlement to additional payment or adjustment to the
Enabling Works Contract Price arising out of:
(a) any defects or damage in the Enabling Works, which are not
4.30
notified to the Employer's Representative within the period Not in FIDIC
noted in, and in accordance with the procedure contained in Sub‐
Clause 4.30.2; or
(b) the remediation a rectification of any defects or damage in
the Enabling Works v.hich is not identified and notified to the
Employer's Representative within the period noted in, and in
accordance with the procedure contained in Sub‐Clause 4.30.2.
4.30.5 But for any defects or damage notified to the Employer's
Representative in accordance with Sub‐Clause 4.30.2 above, the
Contractor shall take full responsibility for the adequacy, stability,
and sufficiency of the design and construction of the Enabling
Works, if any, from the Commencement Date, whereupon the
Enabling Works shall become the responsibility of the Contractor
as if the Enabling Works had been designed and constructed by
the Contractor.
4.30.6 The Contractor acknowledges and agrees that it shall:
(a) have no claim or entitlement to an extension of the Time for
Completion and/or Milestone Date nor adjustment to the
Contract Price, except for such claims or entitlements to which
the Contractor may be entitled in accordance with Sub‐Clause
4.30.3 above; and
(b) not in any Way be relieved from its representations,
warranties, obligations, and liabilities under the Contract.
on account of, arising out of, or in connection with the adequacy
or suitability of the Enabling Works Design, the Enabling Works,
and/or any acts, omissions or defaults ct the Enabli'lg Works
Contractor and/or its sub‐ contractors and their agents or
employees.
4.31.1 At the request and sole discretion of the Employer, the
Employer may assign, transfer or novate the Enabling Works
Contract, if any, to the Contractor, and the Contractor expressly
consents to the Employer having such right and discretion and
agrees that in such circumstances, it shall within 21 days of such
Transfer of Enabling Works Contract
request execute and deliver an assignment agreement in the
specimen fam set out in Schedule 4 which shall record the
Contractor's agreement to having the Enabling Works Contract
assigned, transferred or novated to it and shall give effect to such
assignment, transfer, or novation.
4.31
4.31.2 In such circumstances, the Contractor and the Employer
shall do all other things necessary to effect the assignment,
transfer or novation, including in respect of notifying and, if
required, securing the consent of the Enabling Works Contractor.