Design & Build General CoC (High Contrast)

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C6t~DITIONS . OF CONTRACT
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Design and Build
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Public wlrks Authority

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State of Qatar
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r SECTIONS
PART I (A)
CONDITIONS OF CONTRACT
PART I (A) DESIGN-BUILD
PART I (A) - GENERAL CONDITIONS
1 The Contract
Definitions 1.1 In the Contract (as defined below) the words and expressions defined
below shall have the meanings assigned to them, except where the
context requires otherwise:
1.1.1 Documents
1.1 .1.1 "Contracr means these Conditions of Contract (Part_s lA,

IB and II), the Employer's Requirements, the Tender, the
Contractor's Proposal, the Schedules, the Letter of
Acceptance, the Contract Agreement and such fu.rther
documents as may be expressly incorporated in the
Tender Document, Letter of Acceptance, or Contract
Agreement.
1.1.1.2 "Employe~s Requirements' means the description of the

scope, standards, design criteria and programme of work,
as Included in the Contract, and any alterations and
modifications thereto in accordance with the Contract.
I 1.1.1.3 "Tender" means the Contracto~s priced· offer to the

Employer for the Works, as accepted by the Letter of
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Acceptance.
"Appendix to Tender" means the completed Appendix A

comprised in the Tender.
1.1.1.5 "Cootracto~s Proposal" means the preliminary d()sign

submitted with the Tender, as included in the Contract.
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1.1.1.6 "Schedules" means the infonnation and data submitted
With the Tender, as Included In the Contract.
1.1.1.7 "Schedule of Payments" means-the Schedule designated

as such (if any), referred to in Sub-Clause 13.4.
~ 1.1.1.8 'Letter of Acceptance' means the formal w·ritten

acceptance by the General Tenders Committee of the
Tender.
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SECTION B CONDITIONS OF CONTRACT
PART I (A) P~RT I (A) DESIGN·BUIL~
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1.1.1.9 "Contract Agreemenr means the contract agreement i
referred to in Sub-Clause 1.5. I
1.1.2: Persons
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1.1.2.1 "Employer" means the PubHc Worf<s Authority of the State
Of Qatar who has called for Tenders to build or construct,
erect or deliver, operate and maintain the Works and who
will employ the ContractQr.
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1.1.2.2 "Contractor" means the person whose Tender has bee:n
accepted by the Employer and the legal successors rn .
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titte to such person, but not (except with the consent of

the Employer} any assignee of such person.
1.1.2.3 "Engineer" means the person appointed by the Employ~r

to act as Engineer for the purposes of the Contract and
named as such in the Appendix to Tender, or other
person appointed from time to time by the Employer and
notified as such to the Contractor.
1.1.2.4 ·contractor's Representative• means the person name:cr

as such in the Contract or other person appointed from
time to time by the Contractor under Sub-Clause 4.3.
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1.1.2.5 "Subcontractor" means any person named In th'e I
Contract as a subcontractor, manufacturer or supplier ~r
a part of the Works or any person to whom a part of th:e I'
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Works has been subcontracted In accordance with Suti- I
Clause 4.5, and the legal successors In tMie to such I
person, but not any assignee of such persol). I

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1.1.~·: Dates, Times and Periods I
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1.1.3.1 "Base Date" means the latest date for submission of the I
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Tender for acceptance by the Employer. I

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1.1.3.2 "Effedive Date• means the date on which the Contract I
entered into legal force and effect I
1.1.3.3 "Commencement Date• means the date on which the
Contractor receives the notice to commence issued by
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SECTIONB CONDITIONS OF CONTRACT
PART I(A) PART I (A) DESIGN·Bl,JILD
t the Engineer under Sub-Clause 8.1.
1.1.3.4 "Design-Build Time for Completion• means the tim(} for

·completing the Works or a Section (as the case may be),
and passing the Tests on Completion, as stated in the
Appendix to Tender (or as extended under Sub-CI~use
8.3), calculated from the Commencement Date.
"Time for Completion" means the time for completing the

Works as stated in the Appendix to Tender (or as stated
under · Sub-Clause 8.3), calculated from the
Commencement Date.
1.1.3.5 "Contract Period" means the aggregate of the time

periods stated in the Appendix to Tender for:
(a) The Design-Build Works, and
(b) The Operate-Maintain Works,
from the Commencement Date to the date 400 days

after the whole of the Works shall have been comP,eted
as certified by the Issue of the Hand-Over Certificate
under Sub-Clause 11.5 of Part I (B) of the Conditions of
Contract.
1.1.3.6 "day" means a calendar day, "year" means 365 days and
"calendar" means the Gregorian calendar.
1.1 .3.7. "Design-Build Defect Liability Period" means the 400 ~ay
period from issue of the Taklng.OVer Certificate for the
whole of the Design-Build Works.
1.1.4 Tests and Completion
1.1.4.1 "Tests on Completion" means the tests specified iri the

Contract and designated as such, and any other such
tests as may be agreed by the Engineer and! the
Contractor or instructed as a Variation, which are to be
carried out before the Works or Section are taken over by
the Employer.
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SECTION 8 CONDITIONS OF CONTRACT
PART I (A) PART I (A) DESIGN-BUILD
1.1.4.2 "Taking-OVer Certificate" means a certificate Issued uncklr

Clause 10.
1.1.4.3 "Tests after Completion" means the tests specified in th.e

Contract and designated as such, and any other such test
as may be agreed by the Engineer and the Contractor or
instructed as a Variation, which are to be carried out after
issue of the Hand-Over Certificate.
1.1.4.4 "Design-Build Performance Certiftcate• means the

certificate Issued by the Engineer under Sub-Clause 12.9
of Part I (A) hereof.
1.1 .4.5 "Performance Certificate" means the certificate issued by

the Engineer under Sub-Clause 12.9 of Part I (B) of th·e
Conditions of Contract.
1.1.4.6 "Hand-Over Certificate• means the certificate issued by th·e

Engineer under Sub-Clause 11.5 of Part I (B) of th:e
Conditions of Contract.
1.1.!i Money and Payments l

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1.1.5.1 "Contract Price" means the sum stated in the Letter (Jf I
Acceptance as payable to the Contractor for the desig~. I
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execution, operation, maintenance and completion of tn·e I
Worb and the remedying of any defects in accordance I
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with the provisions of the Contract. "Design-Build
Contract Price" means the sum stated in the Letter <)f
Acceptance as payable for the Design-Build Wo~. I
"Operate-Maintain Contract Price" means the sum state:d
in the letter of Acceptance as payable for the Operatfi.. I
Maintain Works.
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1.1.5.2 "Currency- means Qatar Riyals. I
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1.1.5.3. "Foreign Currency- means a freely convertible currency
but not the Currency.
1.1.5.4 "Retention Money" means the acct~mulated retention

monies retained by the Employer under Sub-Clause 13.3.
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1.1.5.5 "Provisional Sum· means a sum (lf any) specified in the

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Contract and designated as such, for the execution any
part of the Works or for the supply of Plant, Mateiia_ls or
services.
1.1.5.6 ·eosr means all expenditure properly incurred (or to be

incurred) by the Contractor, whether on or off the Site,
including overhead and similar charges, but does not
include profit.
. 1.1.5.7 •Interim Payment Certificate" means any pay(nent

certificate issued by the Engineer under Clause 13, other
than the Final Payment Certificate.
1.1.5.8 "Design-Build Final Payment Certificate" means the

payment certificate issued by Engineer under Sub-Clause
13.13 in respect of the Design-Build Works.
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1.1.5.9 -oesJgrH:Iuld Final Statemenr means the agteed

statement defined In Sub-Clause 13.11 In respect of the
Oealgn.Suild Works.
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1.1.6 Other Definitions
1.1.6.1 •Construction Documents• means all drawjngs,

calculations, computer software (programs}, sampjes,
patterns, models, operation and maintenance man:uals,
and other manuals and information of a similar nature, to
be submitted by the Contractor.
1.1.6.2 "Variation• means any a~eration and/or modification to

the Employer's Requirements, which is instructed by the
Engineer or approved as a variation by the Engineer, in
accordance with Clause 14.
1.1.6.3 .
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I "Works" means the Design-Build Worils and the Operate-
Maintain Works.
"Design-Build Works" means the Permanent Works. and
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SECTION B CONDITIONS OF CONTRAC·T

the Temporary Works or either of them as appropriate.
"Operate-Maintain Works" means all operational and

maintenance works of every kind Including Temporary
Works required for the operation and maintenance of the
designed and built wastewater treatment wor1<s includin·g
the remedying of defects together with the treatment,
transportation and disposal (If included In the Contract) of
the sludge and residual products of the process selected
by the Contractor.
1.1.6.4 ~Permanent Works" means the permanent works to. be

designed and executed in accordance with the Contract.
1.1.6.5 "Temporary Works" means all temporary works,

structures, services, buildings and other facilities of every
kind (other than Contractor's Equipment) required for th_'e
execution and completion of the Works and the
remedying of any defects.
1.1.6.6 "Plant" means machinery and apparatus intended to fon'n

or rormlng part of the Pennanent Works, Including tlie
supply-only items (If any) which are ~ be supplied by tlie
I Contractor as specified in the Contract.
1.1 .6.7 "Materials" means things of all kinds (other than Plant) •o
be provided and incorporated in the Permanent Works by
f the Contractor, including the supply-«tly items (if any)
which are to be supplied by the Contractor as specified in
the Contract.
1.1.6.8 "Contractor's Equipment • means all machinery,

apparatus and other things (other than Temporary WorkS)
required for the execution and completion of the Oesfgri-
Build Worl<s and the remedying of any defects, but d~s
not include Plant, Materials, or other things intended t.o
form or forming part of the Permanent Works. ·
1.1.6.9 "Section• means a part of the Works specifically define:d

in the Appendix to Tender as a Section (if any).
1.1.6.10 "Site" means the places provided by the Employer where

the Works are to be executed and to which Plant arid
C68211 BIA/6 June zoQ6

SECTIONS CONDITIONS OF CONTRACT
Materials are to be delivered, and any other places as

may be specifically designated in the Contract as forming
part of the Site.
1.1.6.11 ·countr1 m·eans the State of Qatar.
1.1.6.f 2 "Essential Hired Contractofs Equipment" shan mean all

Contractor's Equipment (exduding vehicles engage!J in
transporting any plan~ equipment or materials to or from
the Site}, Temporary Works and materials for Tempo'rary
Wcxks the withdrawal of which In the event of a Default of
Contractor under Clause 15 hereof might (having regard
to the methods of construction employed prior to the
default) endanger the safety or stability of or result in
serious disturbance to the execution of any part of the
Design-Build Works and which are held by the Contractor
under any agreement for hire thereof.
1.1.6.13 "Hired Contractor's Equipment" shall mean any

Constructional Equipment, Temporary Works and
materials for Temporary Works (other than esse·ntial
Hired Contractor's Equipment) held by the Contrcictor
under any agreement for hire thereof.
1.1 .6.14 "Agreement for hire• shall be deemed not to Include an

agreement for hire purchase.
1.1.6.15 "Hire Purchase Contractor's Equipment" shall mean any

Contractor's Equipme~ Temporary Works and materials
for Temporary Works held by the Contractor unde'r an
I agreement for hire purchase thereof.
Headings and ·1.2 The headings and marginal notes are not part of these Conditions, and
Marginal Notes shall not be taken into consideration in their interpretation.
Interpretation ·1.3 Words importing persons or parties shall include finns and corporal)ons
and any organisation having legal capacity. Words Importing the
singular also include the plural and vice versa where the context
requires. Words importing one gender also include other Qenders.
Law and ·f.4 The law of the Contract is the law of the State of Qatar.
Language ~I documents shall be rendered in either the Arabic or the English
C68211 BIAn June 2006

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l PART I (A) PART I (A) DESIGN-BUILD
I language.
If the documents are rendered in both the English and Arabic languages
then the Arabic language version shall take precedence at all times. nt"e
I language for day to day communications shall be English.
Contract 1.5 The Contractor shall when called upon so to do enter into and execute a
Agreement contract agreement (to be prepared at the cost of the Employer} in th"e
form annexed with such modifications as may be necessary.
Priority of 1.6 The documents forming the Contract are to be taken as mutually
Documents explanatory of one another. If there is an ambiguity or discrepancy in
the documents, the Engineer shall issue any necessary clarification Cir
instruction to the Contractor, and the priority of the documents shall be
as follows:
(a) The Contract Agreement;

(b) The Letter of Acceptance;
(c) The Conditions of Contract, Part II;
(d) The Conditions of Contract, Part I (A)
(e) The Conditions of Contract. Part I (B)
(f) The Tender Clarifications
(g) The Employefs Requirements and Tender Circulars;
{h) - The Tender; ..
(i) The Schedules; and
0) The Contractofs Proposal
Documents on 1.7 The Contractor shall keep on the S~e one complete set of the
Site documents forming the Contract, the Construction Documents,
Variations, other oommunlcations given or issued under Sub-Clause 1.8
and the documents mentioned in Sub-Clause 5.4. The Employer, the
Engineer and assistants (as referred to in Sub-Clause 3.3) shall ha~
the right to use such documents at all reasonable times.
Communications 1.8 Wherever provision is made for the giving or issue of any notia),
instruction, oonsent, approval, certificate or determination by any
person, unless otherwise specified such oommunication shall be in
writing and shall not be unreasonably withheld or delayed.
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PART I (A) PART I (A) DESlGN·BUILD
Wherever provision is made for a communication to be "written• or "in

writing", this means any hand-written, type-written or printed
communication, induding the agreed systems of electronic transmis·sion
stated In the Appendix to Tender.
All certificates, notices or written orders to be given to the Contractor by

the Employer or the Engineer, and all notices to be given to the
Employer or to the Engineer by the Contractor, shall be on he~ed
paper signed by a duly authorised person and either be delivered by
hand against written acknowledgement of receipL or be sent by aiimail
or one of the agreed systems of elec1ronic transmission. The addresses
for the receipt of such communications shall be as stated on the Form of
Tender and in the Appendix to Tender.
Provision of ·1.9 The Construction Documents shall be in the custody and care of the
Construction Contractor. Unless otherwise stated in the Employer's Requirements,
Documents the Contractor shall provide six copies for the use of the Engineer and
assistants (as referred to in Sub-Clause 3.3).
Employer's Use of 1.10 Copyright in the Construction Documents and other design documents
Contractor's made by or on behalf of the Contractor shall at the time of preparation
Documents become the property of the Employer. The Contractor may. at his cost.
copy, use and communicate any such documents for the purposes of
the Contract. They shall no~ without the Employer's consent, be used,
~pled or communicated to a third party by the Contractor, except as
necessary for the purposes of the Contract.
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Contractor's Use 1.11 Copyright In the Employer's Requirements and other documents ls$ued
of Employer's by the Employer or the Engineer to the Contractor shall (as between the
Documents parties) remain the property of the Employer. The Contractor may, at
his cost, copy,· use and communicate any such documents for the
purposes of the Contract. They shall not, without the Employer's
consent, be used, copied or communicated to a third party by the
Contractor, except as necessary for the purposes of the Contract.
Compliance with 1.12 The Contractor shall in all matters arising in the performance of the
·statutes, Contract, comply with, give all notices under, and pay all fees req1,1ired
Regulations and by, the provisions of any national or state statute, ordinance or Qther
laws law, or any regulation of any legally constituted public authority ~ving
jurisdiction over the Works. The Contractor shall obtain all permits,
licences or approvals required for any part of the Works, in reasonable
time taking account of the times for delivery of the Plant and Materials
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PART I (A)
PART I (A) DESJGN·BUILD
and for completion of the Works.
A full copy of all notices and applications shall be provided to tho

Engineer on the date of submission.
The Contractor shall be responsible for ascertaining the extent and

Incidence of all taxes, customs rates, dues and all other charges
payable In accordance with such Statutes, Ordinances, Laws,
Regulations and Bye-Laws and shall give all notices and pay an charges
In compliance therewith.
The Contractor shall comply with the Register of Commerce Regulations

or any Regulation or Ordinance having the force of law In Qatar for the
time being amending or re-enacting the same under which al person:~
and companies engaged in business in Qatar are required to be
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registered in the Register of Commerce.
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The Contractor shall keep the Employer indemnified against all penalties
and liability of every kind for breach of any such Statute, Ordinance or
Law, Regulation or Bye-Jaw.
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Joint and Several 1.13 If the Contractor is a joint venture (or consortium) of two or more I
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Uabllity persons, all such persons shall be jointly and severally liable to the
Employer for the ftjfilment of the terms of the Conbact. Such person;i
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shall designate one of them to act as leader with authority to bind th~
joint venture (or consortium} and each of its members. The composition I
or the constitution of the joint venture (or consortium) shall not be
altered without the prior consent of the Employer. I
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If the Contractor is a subsidiary or is not the uRimate holding company
then the ultimate holding company shan provide a parent company
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guarantee in a form approved by the Employer for the due fulfilment of
the Contract by the subsidiary company.
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Details to be 1.14 The Contractor shall treat the details of the Contract as private and
Confidential confidential, except to the extent necessary to carry out his obligations
under it. The Contractor shall not publish, permit to be published, or
disclose any particulars of the Contlact in any trade or technical paper
or elsewhere without the previous consent in writing of the Engineer and
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l SECTION B
PART I (A)
PART I (A) DESIGN-BUILD .I
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General :t1 The Employer shall provide the Site and shall pay the Contractor in
Obligations accordance with Clause 13.
Access to and :t2 The Employer shall grant the Contractor right of access to, and
Possession of the possession of, the Site once the Contract Agreement has been signed.
Site Such right and possession may not be exclusiVe to the Contractor.
The Employers Requirements may prescribe the extent of portions of

the Site of which the Contractor is to be given possession from tirrje to
time and the order in which such portions shall be made available to
him.
Subject to any requirement in the Contract as to the order In which the

Works shall be executed, the Employer will, with the Engineer's written
order to commence the Works in accordance with Clause 8.1, give to
the Contractor possession of so much of the Site as may be requirfi(f to
enable the Contractor to commence and proceed with the Design and
Construction of the Works In accordance with the programme refer$~ to
in Clause 4.14.
The Engineer will from time to time, as the Works proceed, give tc1 the
Contractor, in accordance with reasonable written proposals of the
Contractor, possession of such further portions of the Site as may be
required to enable the Contractor to proceed with the Design and
Construction of the Woft(s in accordance with the programme.
If the Contractor suffers delay and/or incurs Cost from failure on the' part
of the Employer to grant right of access to or possession of any portion
of the Site in accordance with the tenns of this clause, the Contractor
shall give notice to the Engineer. After receipt of such notice the
Engineer shall proceed in accordance with Sub-Clause 3.5 to agree or
determine;
(a) any extension of time to which the Contractor Is enUUed under Sub- . I
Clause 8.3, and I
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t SECTIONB
PART I (A)
(b) the amount of such Cost which shall be added to the Contract Price
in accordance with the terms of Clause 14.3,
and shall notify the Contractor acconlingly.
Employer's 2.3 The Employer shall be entitled to terminate the Contract at any tim·e
Entitlement to during the currency of the Contract, by giving notice in writing to the
Terminate Contractor, with a copy to the Engineer, and upon such notice being
given this Contract shall (save as to the rights of the parties under this
Clause and to the operation of Clause 20 hereof}, terminate but witho(Jt
prejudice to the rights of either party in respect of any antecedent
breach thereof. In the event of such termination, the Contractor shall:
(a} proceed in accordance with Clause 15,
{b) clear the sne In accordance with Clause 4.21, and
{c) be paid by the Employer in accordance with Sub-Clause 19.6.
3 The Engineer
Engineer's Duties 3.1 The Engineer shall carry out the duties specified in the Contract. The
and Authority Engineer shall have no authority to amend the Contract
The Engineer may exercise the authority specified in or necessarily to

be implied from the Contract. If the Engineer is required, under tlie
terms of his appointment by the Employer, to obtain the s~c
approval of the Employer before exercising such authority, such
requirements shall be as stated in Part II.
Except as expressly stated in the Conditions of Contract, the Engineer

shall have no authority to relieve the Contractor of any of his dutie~,
obligations or responsibilities under the Contract. Any propos~!.
inspedion, examination, testing, consent, approval or similar act by the
Engineer {including absence of disapproval) shall not relieve the
Contractor from any responsibility, Including responsibility for his errom,
omissions, discrepancies, and non-compliance with Sub-aauses 5.3
and 5.4.
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SECTION 8 . CONDITIONS OF CONTRACT

Requirements for ~1.2 The Engineer shall be appointed at the sole discretion of the Employer
Engineer as having the capability necessary for compliance with this Clause, and
shall employ such suitably qualified engineers and other professiQnals
as may be required to assist and make them available for the ContfEict.
Engineer's :1.3 The Engineer may from time to time delegate any of his dutie·s to
Authority to assistants, and may at any time revoke any such delegation. Any $uch
Delegate delegation or revocation shall be in writing and shall not take effect until
a oopy has been delivered to the Contractor.
Any determination, instruction, inspection, examination, testing con$ent,

approval or similar act by any such assistant of the Engineer, in
accordance with the delegation, shall have the same effect as thou·gh It
had been an act of the Engineer. However.
(a) any failure to disapprove any Plant, Materials, design or

workmanship shall not prejudice the right of the Engineer to n,!ject
such Plant, Materials, design or wor1<manship;
(b) if the Contractor questions any determination or instruction O,f an
assistant of the Engineer, the Contractor may refer the matter tQ the
Engineer, who shall confirm, reverse or vary such determinatiOn or
instruction.
' Enginee(s :J.4 Unleas it is legally or physically impossible, the Contractor shall comply
Instructions with instructions given by the Engineer in accordance with the Contr:act.
Eng,neerlo :J.5 When the Engineer is required to detennine value, Cost or-extensiQn of
attempt time, he shall consult with the Contractor in an endeavour to reach
Agreement agreement. If agreement is not achieved, the Engineer shall deterinine
the matter fairly, reasonably and In accordance with the Contract.
Management :3.6 Either the Engineer or the Contractor's Representative may require the
Meetings other to attend a management meeting. The business of each
management meeting shall be to review the anticipated arrangem;ents
for future work and to resolve any matters raised in accordance witJi this
Sub-Clause. The Engineer shall record the business of management
meetings and provide copies of this record to those attending the
meeting. The responsibility of the parties for any actions to be taken
shall be included in such record and shall, If not agreed In acco~nce
with the Contract, be decided by the Engineer.
The Contractor's Representative shall notiry the Engineer at the ea~iest

opportunity of specific likely future events or circumstances which ,may
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SECTION B CONDITIONS OF CONTRAC-T
PART I (A) PART I (A) DESIGN·BUILP
adversely affect the Works, increase the Contract Price or delay ttie
execution of the Works. The Engineer may require the Contractor to
submn an estimate of the anticipated effect of the Mure event or
circumstances, and/ or a proposal under Su~lause 14.3. The
Contractor shall submit such estimate and/ or proposal as soon a,s
practicable. The Contractor's Representative shall co-operate with u;e
Engineer in making and considering proposals to mitigate the effect of
any such event or circumstances, and in carrying out instructions of the
Engineer.
4 The Contractor
General 4.1 The Works as completed by the Contractor shall be wholly in

Obligations accordance with the Contract and fit for the purposes for which they are
intended, as defined in the Contract. The Works shaU in~ude any W0(1<
which is necessary to satisfy the Employer's Requirements, Contractor;s
Proposal and Schedules, or is implied by the Contract, or arises froin
any obligation of the Contractor, and all works not mentioned in ttie
Contract but which may be inferred to be necessary for stability 9r
completion or the safe, reliable and efficient operation of the Wori(s.
The Contractor shall design, execute and complete the Design- Bui!d
Works, including providing Construction Documents, within the Time f()r
Completion, and shall remedy any defects within 400 days of issue Of
the Taking-Over Certificat~, The Contractor shall provide all
superintendence, labour, Pint. Materials, Contractor's Equipmeri.t.
Temporary Works and alllmfer things, whether of a temporary or
permanent nature, required in and for such design, exeaJtioil,
completion and remedying of defects.
Before commencing design, the Contractor shall satisfy himself

regarding the Employer's Requirements (Including design crtteria arid
calculations, if any) and the items of reference mentioned in Sub-Ctau~.e
4.7. The Contractor shall give notice to the Engineer of any error, fault
or other defect in the Employer's Requirements or such items of
reference. After receipt of such notice, the Engineer shall determine
whether Clause 14 shall be applied, and shall notify the Contractor
accordingly.
The Contractor shall take full responsibility for the adequacy, stabilcy
and safety of all Site operations, of all methods of construction and of all
the Works, irrespective of any approval or consent by the Engineer.
c 682/1 BIA/14 June 20<i6

r------------------------------------~
I

PART I (A) PART I (A) DESIGN-B01LD
l Performance 4.2 The Contractor shall within 28 days from the notification of acceptance
Bond of his tender and prtor to signing the Contract Agreement obtain the
guarantee of a Bank to be jointly and severally bound with the
l Contractor to the Employer in the sum stated in the Tender and
Appendix thereto for the due performance of the Oesign·BuUd part o( the
Contract under the terms of a Bond. The said Bank and the terms of the
l said Bond shall be such as shall be approved by the Employer. The

obtaining of such Guarantee and the cost of the Bond to be so entered
into shall be in all respects at the expense of the Contractor unless the
Contract otherwise provides.
The performance bond shall be valid until 90 days after issue of the
Design-Build Defects Liability Period and shall be extendable on
demand of the Employer without regard to any objectlon from the
Contractor If the Design-Build Works are incomplete by the prescribed
date..
The said Bank shall be a bank approved by the Employer and shall be a
Bank with a registered office in Qatar.
.A Bond provided by an insurance company shall not be acceptabie to

the Employer.
Failure to furnish the required Performance Bond wtthin the spee_ified

time shall result in the Employer exercising its right to cancel the tejlder
and conftseate the tender bond in addition to the penalties providel! by
Artide 53 of Law No.26 of 2005 concerning the organisation of Tenders
and Public Auction.
Contractor's 4.3 Unless the Contractor's Representative fs named in the Contract, the
Representative Contractor shall, within 14 days of the Effective Date, submit to the
Engineer for consent the name and particulars of the person the
Contractor proposes to appoint in respect of the Design-Build W()rks.
The Contractor shall not revoke the appointment of the Contractor's
Representative without the prior consent of the Engineer.
The Contractor's Representative shall give his whole time to directing

the preparation of the Construction Documents and the execution of the
Design-Build Worn. Except as otherwise stated in the Contract the
Contractor's Representative shall receive (on behalf of the Contractor}
all notices, instructions, consents, approvals, certificates, determina~ons
and other communications under the Contract. Whenever the
Contractor's Representative is not available for his duties under this
C682/1 BIA/15 June 2006
I I
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rl
I
SECTIONS CONDinONS OF CONTRACT
PART I (A) PART I (A) DESIGN·BUILD
Contract, a suitable replacement person shall be appointed, and the

Engineer shall be notified accordingly.
The Contractor's · Representative may delegate any of his powei'S,

functions and authorities to any competent person, and may at any tim13
revoke any such delegation. Any such delegation or revocation shall bo!
in writing and shall not take effect until the Engineer has received pric;r
notice signed by the Contractor's Representative, specifying the powers,
functions and authorities being delegated or revoked. The Contractor's
Representative and such persons shall be able to speak English and a
reasonable proportion of his foremen shall have a working knowledge of
the English language. In addition the Contractor shall ensure.that a
reasonable proportion of his foremen shall have a worklng knowledge 6f
Arabic and the other languages of his labour to enable prop$'
supervision of his labour. ·
Co-ordination of 4.4 The Contractor shall be responsible ror the co-ordination and proper
the Walks execution of the Works, including co-ordination with other contractors to
the extent specified in the Employer's Requirements. The Contractor
shall, as specified in the Employer's Requirements, afford all reasonable
opportunities ror carrying out their work to:
(a) any other contractors employed by the Employer and their

workmen,
{b) the workmen of the Employer, and
{c) the workmen of any legally constituted public authorities who may
be employed in the execution on or near the Site of any work oot
included in the Contra_ct, which the Employer may require.
The Contractor shall obtain, co-ordinate and subm~ to the Engineer fQr"
his information all details' (lnduding details of work to be carried out off
the Site) from Subcontractors. The Contractor shall be responsible fcir
the locations of their work or materials, in order to ensure that there is
no conflict with the work of other Subcontractors, the Contractor or othEir
contractors.
Assignment and 4.5 The Contractor shall not assign the Contract or any part thereof or any
SUbcontractors benefit or interest therein or thereunder (othelwlse than by a charge in
favour of the Contractor's Bankers of any monies due or to become due
C68211 BIA/16 June 2006

-1
I SECTION B CONDITIONS OF CONTRACT
PART I (A) PART I (A) OESIGN·B~ILD
J under this Contract) without the prior written consent of the Employet
The Contractor shall not subcontract the whole of the Design-Build

Worl<s. Unless otherwise stated in Part II:
(a) the Contractor shall not be required to obtain consent for purchases
of Materials or for subcontracts for which the Material or
Subcontractor is named in the Contract;
I
(b) the prior consent of the Engineer shall be obtained to other
proposed Materials and Subcontractors; I
I
(c) not less than 28 days before the intended date of each I
Subcontractor commencing wor1t on the Site, the Contractor shall
notify the Engineer of such intention, and
II
(d) As required by Artide (4) of Law No. 6 of 1987 all materials and
I
I
equipment necessary for the execution of the Wor1ts which are
national products or are of national origin and which comply In all
respects with the requirements of the specification, shaD be used in
. the Wor1ts and shall be given priorities In acoordance with the I
provisions of the Law. I'
!
The Contra~or shall provide substantiaUon of his compliance ·with II
this Clause if required by the Engineer. i
I
On non-compliance with this Sub-Clause the Contractor shall be I

fined 20% of the value of the item purchased outside Qatar or the
Gulf Cooperation Council of Arab States (GCCAS) countries and I
shall be subject to further penalties in accordance with Article (S} of I
Law No.6 of 1987.
The Employer may without prejudice to any other methoo of

recovery deduct the amount of such fine from any monies in its
hands due or which may become due to the Contractor.
i
The Contractor shall be responsible for observance by all I
Subcontractors of all the provisions of the Contract. The Con~ctor I
shall be responsible for the acts or defaults of any Subcontractor, his
agents or employees, as fully as if they were the acts or defaults of the
I
I
Contractor, his agents or employees.

II
J
c 682/1 BIA/11 June2006 I
• • - - . - · J ._ . ·--
J
~ SECnONB
PART I (A)
I Assignment of
Subcontractor's
4.6 If a Subcontractor has undertaken a continuing and assignable
obligation to the Contractor for the work designed or executed, or Plan.~
I
Obligations Materials or services supplied, by such Subcontractor, and if such
j obligation extends beyond the expiry of the Contract Period, the
Contractor shall, upon the expiry of the Contract Period, assign the
benefit of such obligation to the Employer for it's unexpired duration, at
the request of the Employer and at the cost of the Contractor.
Setting Out · 4.7 The Contractor shall set out the Design-Build Works in relation to
original points, lines and levels of reference specified in the Employer's
Requirements or, if not sP$Cffied, given by the Engineer in writing. The
Contractor shall rectify, at his cos~ any error in the positions, levels,
dimensions or alignment of the Design-Build Wor1<s.
Quality Assurance 4.8 Unless otherwise stated in Part II, the Contractor shall institute a quality
assurance system to demonstrate compliance with the requirements (>f
the Contract. Such system shall be in accordance with the detaiis
stated in the Contract. Compliance with the quality assurance systein
shau not relieve the Contractor of his duties, obligations t)r
responsibilities.
Controlled copies in the number specified in Sub-Clause 1.9 of details 9f

all procedures and .compliance documents shall be submitted to ttie
Engineer for his information before each design and execution stage !s
commenced. When any document is issued to the Engineer, it shall b'e
accompanied by the signed quality statements for such document, !n
accordance with the. details stated In the Contract. The Engineer sh~ll
be entitled to audit any aspect of the system and require corrective
action to be taken.
Site Data 4.9 The Employer shall have made available to the Contractor, prior to the
Base Date, all the data on hydrologicel, climatic and sub-surface
conditions at the Site, and studies on environmental impact, which ha~e
been obtained by or on behalf of the Employer from investigations fc)r
the Works. The Contractor shall be responsible for obtaining su¢h
additional surveys, site investigations, hydrological or Environmental
Impact Assessments as are required and for Interpreting all data.
The Contractor shall be deemed to have Inspected and examined tlie

Site, it's surroundings, the above data and other available lnfonnatioh,
and to have satisfied himself before submitting the Tender, as to:
(a} the form and nature of the Site, induding the sub-surfaee
c 682/1 BIA/18 June200&
. --··- ·· ...________ _j _ _ __ __ - - - - - --- ~- _ _ _ _...J.....__ _ __ __

PART I(A) PART I (A) DESIGN-BUILD
conditions,
(b) the hydrological and climatic conditions,
(c) the extent and nature of the worl< and Materials necessary for. the
execution and completion of the Works, and the remedying of any
defects, and
(d) the means of access to the Site and the accommodation he may
require.
The Contractor shall be deemed to have obtained all necessary

Information as to risks, contingencies and all other circumstances which
may inftuence or affect the Tender.
Matters Affecting 4.10 The Contractor shall be deemed to have satisfied himself as to the
the Execution of correctness and sufficiency of the Contract Price. Unless otherNise
the Works stated in the Contract, the Contract Price shall cover all his obliga~ons
under the Contract (Including those under Provisional Sums, If any) and
all things necessary for the proper design, execution, o~tion,
maintenance and completion of the Worts and the remedying of any
defects.
Unforeseeable 4-.11 No additional payment wnl be made or extension of time given ori the
Sub-Surface grounds that sub-surface conditions were encountered which could not
Conditions have been foreseen.
Access Route 4.. 12 The Contractor shall be deemed to have satisfied himself as to the
suitability and availability of the access routes he chooses to use. The
Contractor shall (as between the parties) be responsible for the
maintenance of access routes. The Conlractor shall provide any signs
or directions that he may consider necessary for the guidance of his
staff, labour and others. The Contractor shall obtain any pennisslol'l that
may be required from the relevant authorities for the use of such routes,
signs and directions.
The Employer will not be responsible for any claims which may arise
from the use or otherwise of any access route. The Employer does not
guarantee the suitabBity or availability of any pamcular access route,
and will not entertain any claim for any non-suitability or non-availability
for continuous use during construction of any such route. . .
c 68211 BIAn9 Junel2006

r-t
----------------------------~-----------------------------------------------------
t SECTION 8
PART I (A)
I The Contractor shall use every reasonable means to prevent any of th9
highways or bridges communicating with or on the routes to the Sit~
from being damaged or injured by any traffic of the Contractor or of any
of his subcontractors. The Contractor shall, In particular, select routes,
choose and use vehides, and restrict and distribute loads so that any
such extraordinary traffic as will inevitably arise from the moving of pla~t
and material from and to the Site shall be limited as far as reasonablY
possible and so that no unnecessary damage or injury may bO
occasioned to such highways and bridges.
Should it be found necessary for the Contractor to move one or more

loads of Plant Contractor's Equipment or pre-constructed units or parti
of units of work over part o( a highway or bridge the rriovlng whereof ~
likely to damage any highway or bridge, unless special protection or
strengthening is carried out, then the Contractor shall, before moving
the load on to such highway or bridge, give notice to the Police an~
Highway Department of the weight and other particulars of the load to
be moved and his proposals for protecting or strengthening the said
highway or bridge. Unless, within fourteen days of the receipt of such
notice, the Highway Department shall, by counter-notice, direct that
such protection or strengthening is unnecessary, then the Contractor will
carry out such proposals, or any modification thereof that the Highwa·y
Department shall require, and the costs and expenses thereof shall be
paid by the Contractor.
If, during the carrying out of the Works or at any time thereafter, th~
Contractor shall receive any claims arising out of the execution of th~
Worb in respect of damage or injury to highways or bridges, he sha,ll
Immediately report the same to the Engineer. If, and so far as any such
daims or part thereof shal in the opinion of the Engineer be due to any
failure on the part of the Contractor to observe and perform his
obligations under this Sub-Clause, then the amount certifl8d by the
Engineer to be due to such failure shall be paid by the Contractor to tM
Employer.
Where the nature of the Works is such as to require the use by th·e
Contractor of waterborne transport, the foregoing provisions of this
Clause shall be construed as though 'highway" included a lock, dock,
sea wall, or other structure related to a waterway and "Vehicle" included
craft, and shall have effect accordingly.
Rights of Way and 4.13 The Contractor shall bear all costs and charges for special or temporary
Facilities rights-of-way required by him for access to the Site. The Contractor
shall also provide, at his own cost, any additional facilities outside ttt·e
c 68211 BIAI20 June2006

~------------------------------------------------------------------------------------

PART I (A) PART I (A) OESIGN·BtiiLO
Stte required by him for the purposes of the Worl<s.
Programme 4.14 The Contractor shall submit a programme for the Design-Build Won:s to
the Engineer, for his approval, within the time stated in the Append·ix to
the Fonn of Tender. The programme shall Include the following:
(a) the order in which the Contractor proposes to carry out the 08$ign·
Build Works (including each stage of design, procurement,
manufacture, delivery to Site, construction, erection, testing and
commissioning), ·
(b) all major events and activities in the production of ConstruCtion

Documents,
(c) the periods for the pre-construction reviews under Sub-Clause 5.2
and for any other submissions, approvals and consents specified in
the Employe~s Requirements, and
(d) the sequence of aR tests sp~ified in the Contract that will be

undertaken during the period of the programme.
(e) the ove~ap of the Design- Build Worb with the first two years of the
Operate-Maintain Works.
Unless otherwise stated in the Contract, the programme shali be

developed using precedence networking techniques, showing ea~y
start, late start, ea~y finish and late finish dates.
The Contractor shall, whenever required by the Engineer, provi~e in

writing, for infonnation, a general description of the arrangements and
methods which the Contractor proposes to adopt for the execution o.f the
Design-Build Worils. The Contracto~s description shall include details of
Contracto~s Equipment and Temporary Works required. No significant
aneration to the programme, or to such arrangements and mettiods,
shall be made without infonning the Engineer. If the progress of the
Design-Build Works does not conform to the programme, the Engineer
may instruct the Contractor to revise the programme to take due
account of all factors affecting the progress of the Design-Build Works
and to show the modifications necessary to achieve completion \\ithin
the Time for Completion.
c 68211 BIA/21 June 2006

The submission to and approval by the Engineer of any programme or

the furnishing of any particulars shall not relieve the Contractor of any of
his duties or responsibilities under the Contract
Progress Reports 4.15 Monthly progress reports for the Design-Build Wortcs shall be prepared
. by the Contractor and submitted to the Engineer in six copies. The first
report shall cover the period up to the end of the calendar month after
that in which the Commencement Date occurred; reports shall be
submitted monthly thereafter, each within 14 days of the last day of th·e
period to which it relates. Reporting shall continue until the Contractor
has completed all work which is known to be outstanding at the
completion date stated in the Taking-Over Certificate for the ~o~.
Each report shall include:
(a) photographs and detailed descriptions of progress, Including each

stage of design, procurement, manufacture, delivery to Site,
construction, erection, testing and commissioning;
(b) charts showing the ·status of Construction Documents, purchase

orders, manufacture and oonstrucUon;
(c) for the manufacture of each main item of Plant and Materials, th·e
name of manufacturer, manufacture location, percentage progress,
and the actual or expected dates of commencement of
manufacture, Contractor's inspections, tests and detivery;
(d) records of personnel and Contractor's Equipment on Site;
i · (e) copies of quality assurance documents, test results and certificates

of Materials;
(f) safety statistics, including detaHs of any hazardous incidents and

activities relating to environmental aspects and public relations; and
(g) comparisons of actual and planned progress, with details of any

aspects which may jeopardise the completion in accordance with
the Contract, and the measures being (or to be} adopted to
overcome such aspects.
Contractor's 4.1ei Unless otherwise stated in Part II, the Contractor shall provide all
Equipment Contractots Equipment necessary to complete the Design-Build Works.
All Contractor's Equipment, Temporary Wortcs and materials owned ~y
C682/1 BIA/22 June2006
1.·
SECTIONS CONDITIONS OF CONTJt\CT
the Contractor or by any company in which the Contractor has a

controlling interest shall when brought on to the Site (or in the case of
Hire Purchase Contractor's Equipment on the Site on Its becoming the
property of the Contractor) immediately be deemed to become the
property of the Employer. The vesting of such property in the Employer
shall not:
(a) affect the responsibility or liability of the Employer,
(b) prejudice the right of the Contractor to the sole use of such
Contractofs Equipment for the purpose of the Qesign-Build Works,
(c) affect the Contractor's responsibility to operate and maintain the

same under the provisions of the Contract,
(d) affect the Employer's liability for the loss or injury to any of the
Contractor's Equipment, Temporary Works or materials which have
become the property of the Employer under this Clause save as
mentioned iri Clauses 17.3 and 17.4.
No Contractor's Equipment, Temporary Works or materials or any part

thereof shall be removed from the Site without the written consent of the
Engineer which consent shall not be unreasonably withheld wherE! the
same is no longer immediately required for the purposes of completion
of the Design-Build Works. The Employer wiD permit the Contractor the
exclusive use of all such Contractor's Equipment, Temporary Works and
materials In and for the completion of the Design-Build Works until the
occurrence of any event which gives the Employer the right to exClude
the Contractor from the Site and proceed with the completion of the
Design-Build Works.
With a view to securing in the event of a forfeiture under Clause 15

he.reof the continued avaUability for the purpose of executing the
Design-Build Works of any Essential Hired Contractor's Equipment, or
Hired Contracto~s Equipmen~ the Contractor shall not bring on to the
Site any Essential Hired Contractofs Equipment, or Hired Contractor's
Equipment unless the agreement for hire thereof contains a provision
that the owner thereof will, on request in writing made by the Employer,
within seven days after the date on which any such forfeiture has
become effective, and the Employer undertaking to pay all hire ch~rges
tn respect thereon from such date, hire such Essential Hired
C682/1 BIA/23 June2006

SECTION B CONDITIONS OF CONTRACt
Contractor's Equipment or Hired Contractor's Equipment, to the

Employer on the same terms in all respects as the same was hired to
the Contractor, save that the Employer shall be entitled to permit the
use thereof by any other contractor employed by him for the purpose of
completing the Design-Build Works under the terms of the said Clause
15.
In the event of the Employer entering into any agreement for hire of
Essential Hired Contractor's Equipment or Hired Contractor's
Equipment, pursuant to the provisions of this Clause all sums properff
paid by the Employer under the provisions of any such agreement ant]
all expenses incurred by it in entering into such agreement shall be .
deemed for the purpose of Clause 15 hereof to be part of the cost of
completing the Design-Build Wom.
The Contractor shall upon request made by the Engineer at any time in
relation to any item of Essential Hired Contractor's Equipment or Hired
Contractor's Equipment, forthwith notify to the Engineer in writing ttu
name and address of the owner thereof, and shall certify that lh~
agreement for the hire thereof contains a provision in aocordance with
the requirements of this Clause. The Contractor shall also upon reque(it
as aforesaid give a like notification (but without certificate) in regard to
any Hire Purchase Contractor's Equipment. The Contractor shall afs.:>
upon request made by the Engineer provide the Engineer with a tJui3
copy of such agreements.
The Employer shal in order to avoid seizure by the owner of any

Essential Hired Contractor's Equipment, or Hire Purchase Contractor's
Equipment, be entitled to pay to such owner the amount of any overdue
instalment or other sum payable under any agreement relating to such
Plant and, in the event of it doing so, any amount so paid by it shall be a
debt due from the Contractor to the Employer and may be deducted by
the Employer from any monies due, or that may become due, to t!1e
Contractor under the Contract or may be recovered by the Employ~r
from the Contractor at law.
Upon removal of any such Contractor's Equipment Temporary Works or

materials as have been deemed to become the property of the
Employer under this Clause with consent as aforesaid the property
therein shall re-vest in the Contractor and upon completion of the
Design·Bulld Works the property in the remainder of such Contractor's
Equipment, Temporary Works and materials as aforesaid shall subjeCt
to the provisions of Clause 15 hereof re-vest in the Contractor who shall
remove the same together with any Essential Hired Contractor's
Equipment Hired Contractor's Equipment, and Hire Purchas·e
C68211 BIA/24 June2006

..,
l
t
t SECTION B CONDITIONS OF CONTRACT

PART I (A) PART I (A) DESIGN·B~ILD
Contractor's Equipment. If the Contractor shall fail to remove any

Contractor's Equipment, Temporary Worts or materials as aforesa(d or
any Essential Hired Contractor's Equipment, Hired Contractor's
Equipment or Hire Purchase Contractor's Equipment within $uch
reasonable time after completion of the Design-Build Works as may be
allowed by the Engineer then the Employer may
(i) sell any such Contractor's Equipment, Temporary Works and

materials as aforesaid, and
(ii) return at the Contractor's expense to the person, firm or company

from whom any Essential Hired Contractor's Equipment, Hired
Contractor's Equipment or Hire Purchase Contractor's Equipment
was held by the Contractor such Essential Hired Contrac~tor's
Equipment, Hired Contractor's Equipment or Hire Purchase
Contractor's Equipment and, after deducting from any proc:eeQs of
sale the costs, charges and expenses of and in connection with
such sale and of and in connection with return as aforesaid, ~hall
pay the balance (if any) to the Contractor but to the extent that the
proceeds of any sale are insufficient to meet all such costs,
charges and expenses the excess shall be a debt due from the
Contractor to the Employer and shaH be deductible or recoverable
by the Employer accordingly as aforesaid.
The Contractor shall when entering Into any sub-contract for the
execution of any part of the Design-BuDd Works incorporate In ~uch
sub-contract (by reference or otherwise) the provisions of this cfau$e in
relation to Contractor's Equipment, Temporary Works and matenals,
Essential Hired Contractor's Equipment, Hired Contractor's Equipment,
and Hire Purchase Contractor's Equipment brought onto the Site by the
subcontractor.
The Contractor's Equipment and Temporary Work necessary for the

construction, completion and maintenance of the Design-BuDd Works
shall be erected in such posiUons and used or executed at such times
and in such a manner as is indicated in the programme provided by the
Contractor under the terms of Sub-Clause 4.14 or any subseq'uent
modifications to such programme agreed by the Engineer and as are
most efficient and suitable for the proper, timely and safe execution of
the Design-Build Worts.
The Contractor shall take all risks from water whatever the source or
cause may be and shall at his own expense, unless otherwise specified,
so properfy deal with and dispose of water by use of suffi~ent
c 68211 BIA/25 June2006

PART I (A) PART I (A) DESIGN·BUIL~
l Contracto~s Equipment and Temporary Works to ensure the whole of

the Design-Build Wo!1(& being executed in a satisfactory dry and saf~
manner in accordance with the requirements of the Contract.
l The Contractor shall obtain his own infonnation with regard to the
granting of import and export licences. The Contractor shall bear ttfe
expense of and shaH obtain all import and export licences fOr
Contracto~s Equipment required for the completion, operation anCl
maintenance of the Design-Build Works and shall be deemed to hav:e
satisfied himself with regard to all his liabilities under the Statute$,
Ordinances, Laws, Regulations and Bye-Laws governing the granting Qf
these licences. The Contractor shall ensure that applications for impo~
and export licences are submitted to the appropriate authorities fn
sufticient time to clear all fonnalltles before the licences are required.
Safety 4.17 The Contractor shall comply with all applicable safety regulations in his
Precautions design, access arrangements and operations on Site. Unless otherwis~
stated in Part II, the Contractor shall, from the commencement of work
on Site until taking-over by the Employer, provide, maintain and remov:e
when no longer required:
(a) fencing, lighting, guarding and watching of the Works,
{b) temporary roadways, footways, guards and fences which may b:e
necessary for the accommodation and protection of owners an'd . ,; I
oocupfers of adjacent land, the public and others, and . ;I I
. I
(c) temporary bridging, gangways, ladders, stagings, railways, roads, . :· li

and footpaths to and about the Site of the Works as may b~e ·~
necessary for the construction and completion of the Works qr .'

. ;; j
transport of labour, plant and materials. . :; I
~ {,, lj
All of the before mentioned works which may be constructed and in us'e I
for the Works generally shall be available without charge for th~ . I
,I
!;
reasonable usa of' the Employer the Engineer and other contractois .•
employed by the Employer on the Site. · '.l
.I I
The above temporary facilities shall be removed from the S~e either: I
j
!
(a) with the approval of the Engineer when no longer required, or
·: I
.,• j'
(b) upon the take-over of the Works by the Employer. j
~- l I
I
I
c 68211 BIA/26 June zoQ6
i
, I
·. !
'
..,
I
J SECTION 8 CONDITIONS OF CONTRACT
1 The Design of the Works shall be such as to allow the WOO<s to be

safely constructed, operated, used and maintained in aocordance with
safety regulations applicable to the uses of the Works descnbed iri the
Employer's Requirements.
Protection of the 4.18 The Contractor shall take all reasonable steps to protect the
Environment environment (both on and off the Site) and to limit damage and nuisance
to people and property resulting from pollution, noise and other results
ot his operations. The Contractor shall ensure that air emissions,
surface discharges and etftuent from the Site during the Contract Period
shall not exceed the values indicated in the Employer's Requirements,
and shall not exceed the values prescribed by law.
The COntractor shall carry out the Worb so as not to inte;tere

unnecessarily or improperly with the public convenience, or the aci:ess
to use and occupation of public or private roads and footpaths, or to or
of properties whether In the possession of the Employer or of any <;>ther
person, and the Contractor shall save harmless and Indemnify the
Employer in respect of all claims, demands, proceedings, damages,
costs, charges and expenses whatsoever arising out of or in relatiOn to
any such matters in so far as the Contractor is responsible therefore.
Electricity, Water 4·.19 The Contractor shall at his own expense, unless otherwise stated in the
and Gas Employer's Requirements, make all his own arrangements for the
supply and the distribution of water, fuel, light and power to all p.:>ints
where they are required for all the operations under the Contract. The
I Contractor shall provide and use all the necessary Contractor's
Equipment, Temporary Worl<s, transport, materials and things of f!iery
kind necessary to supply and distribute the supplies to the various parts
ot the Works including also for a satisfactory supply of water to the
1 offices, camps, latrines and other temporary buildings requiring it •nd a
suflicient 5t4)J)tf of drinki~ water of good quality for his e~loyees.
Employer 4.20 The Employer undertakes to provide the items of machinery and
' Supplied
Machinery and
Materials
materials (if any) in accordance with the details given in the Employer's
Requirements. The Employer shall, at Its risk and cost, transport such
machinery and materials to the Contractor, at the time and place
specified in the Contract. ·
The Contractor shall visually inspect the machinery and materials upon
receipt at such place, and shall notify the Employer and the Engine« of
any shortage, defect or default; then, either the Employer shall
Immediately rectify any shortage, defect or default or the Contractor {if
C68211 BIA/27 June!2006
-~--. . . . _ . ____J - -- - -- -
t PART I (A) PART I (A) DESIGN-BUILD
l the Contractor and the Engineer so agree) shall carry out suet)
rectification as a Variation. After visual inspection, this machinery and
materials shall come under the care, custody and control of the
Contractor. The Contractor's obligations of Inspection, care, custod)i
and control shall not relieve the Employer of liabRity for an)'
undetectable shortage, defect or default.
The Contractor- shall insure the items of machinery and equipment

supplied by the Employer, whether on or off stte, from the time they are
received by him until issue of the Taking-Over Certificate, in accordance
with the tenns of Clause 18 as If they were owned by the Contractor and
at a value notified to him by the Employer.
Clearance of Site 4.21 During the execution of the WQIQ, the Contractor shall keep the Sit(!
free from all unnecessary obstruction, and shall store or dispose of any
Contracto~s equipment. plant or surplus materials. The Contractor shall
clear away and remove from the Site any wreckage, rubbish or
Temporay Works no longer required.
On Issue of a Taking-Over Certificate fOf the Wol1<s, or any part thereof,

the Contractor shall, within 30 days after Issue of such certificate, dear
, away and remove from the Site all Contractor's Equipment, surplus
materials and Temporary Worn of every kind and take all rubbish and
building debris to a location designated by the relevant Municipality, an(j
leave the whole of the Site and Wofl(s included in the Taking-Over
Certificate clean and in a wor1<manlike condiUon to the satisfaction of the
Engineer.
In the event of the Contracto~s non-compliance with this clause !l

penalty of QR. 200.00 per day wiU be imposed. The Engineer is entiU~
to have such clearance carried out by others and to deduct such cos$
from any monies due or which may become due to the Contractor.
In addition to such penalty, the last Design-Build Payment CertifiCate

shaU be withheld until the Contractor submits a Certificate from th~
relevant Municipality or AuthoritY stating that he has deared the stte.
Security of the 4.22 Unless otherwise stated In Part II:

Site
(a) the Contractor shall be responsible for keeping unauthorise:d
persons off the Site, and
C68211 BIA/28 June20Q6
. ..I . . --- .
(b) authorised persons shall be limited to the employees of the

Contractor, employees of his Subcontractors and Suppliers, and
persons authorised by the Employer or the Engineer.
Contractor's 4.23 The Contractor shaD confine his operations to the Site, and to any
Operations on additional areas that may be provided by the Contractor and agreed by
Site the Engineer as working areas. The Contractor shall take all necessary
precautions to keep his personnel and equipment within the Site and
such additional areas, and to keep and prohibit them from encroaching
on adjacent land.
Fossils 4.24 All foSsils, coins, artides of value or antiquity, and structures and either
remains or things of geological or archaeological interest discovered on
. the Site shaD (as between the parties) be the property of the Emp!Qyer.
The Contractor shal take reasonable precautions to prevent his staff,
labour or other persons from removing or damaging any such artlcl,e or
thing. The Contractor shall, immediately upoo discovery of such article
or thing, advise the Engineer, who may issue instructions for declling
with it.
If the Contractor suffers delay and/or incurs Cost in following these

Instructions of the Engineer, and if such delay and/or Coat was not (by
the Base Date) foreseeable by an experienced Contractor, the
Contractor shall give notice to the Engineer. After reoelpt of $Uch
notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 to
agree or determine:
{a) any extension of time to which the Contractor Is entiUed under Sub-
Clause 8.3, and
(b) the amount of such Cost, which shall be added to the Contract
Price,
and shall notify the Contractor accordingly.
Boycott of Israel. ~..25 The Contractor shall be bound stricUy to comply with the rules
regulations and laws in force in Qatar relating to the boycott of Israel.
5 Design
C68211 BIA/29 June2006

General 5.1 The Contractor shall carry out. and be responsible for, the design of the
Obligations Works. Design shaH be prepared by qualified designers who are
engineers or other professionals who comply with the criteria (if any}
stated in the Employer's Requirements. For each part of the Works, thiJ.
~ prior consent of the Engineer shall be obtained to the designer and
design Subcontractor, if they are not named as such in the Contracl;.
Nothing contained in the Contract shall create any oontractu~l
relationship or professional obligations between any designer, or a
design Subcontractor, and the Employer.
The Contractor holds himself, his designers and design Subcontractor.;

as having the experience and capability necessary for the design. Th;'i
Contractor undertakes that the designers shall be available to attend
discussions with the Engineer at all reasonable times during the
Contract Period.
Construction 5.2 The Contractor shall prepare Construction Doa~ments in sufficient detail
Documents to satisfy all regulatory approvals, to provide suppUers and construction
-personnel sufficient instruction to execute the Design-Build Works, an;j
to describe the operation of the completed Works. The Engineer shall
have the right to review and inspect the preparation of Construction
Documents, wherever they are being prepared.
Each of the Construction Documents shall, when considered ready fcir

use, be submitted to the Engineer for pre-construction review. In this
Sub-Clause, •review period" means the period required by the Engineer,
which shall be as stated in the Employer's Requirements. If the
Engineer, within such review period, notifies the Contractor that such
Construction Document fails (to the extent stated} to comply· with th·e ·
n
Employer's Requirements, shall be rectified, resubmitted and reviewe:d
in accordance with this Sub-Clause at the Contractor's oost.
For each part of the Design-Build Works, and except to the extent th~
the prior consent of the Engineer shall have been obtained:
,.r - -(a) construction shall not commence until ttie Contractor receives the
Engineer's approval of the Construction Documents which are
relevant to the design and construction of suCh part;
(b) construction shall be in accordance with such Construction

Documents; and
C&82/1 BIA/30 June2006

.,

PART I (A) PART I (A) DESIGN-Bl)ILD
(c} if the Contractor wishes to modify any design or document which

has previously been submitted for such pre-construction re-view,
the Contractor shall immediately notify the Engineer, and shall
subsequently submit revised documents to the Engineer for pre-
construction review.
Ally submission of revised documents shall recommence the "Re'liew

Period" on the same conditions as stated above.
If the Engineer instructs that further Construction Documents are

necessa,Y for carrying out the Design-Build Works, the Contractor shall
upon receiving the Engineer's instructions prepare such Construction
Documents.
Errors, omissions, ambiguities, inconsistencies, inadequacies and either

defects shall be rectified by the Contractor at his cost.
Contractor's !i.3 The Contractor undertakes that, the design, the Constru¢tion
Undertaking Documents, the execution and the completed Works will b9 in
accordance with the following, in order of priority:
(a) the law in the Country, and
{b) the documents forming the Contract, as altered or modifieq by

Variations.
Technical !).4 The design, the Construction Documents, the execution and the
Standards and completed Works shaD comply with the Country's national
Regulations specifications, technical standards, building, construction and
environmental regulations, regulations applicable to the product being
produced from the Works, and the standards specified in the Employer's
Requirements, applicable to the Contractor's Proposal and Schedules,
or defined by law. References in the Contract to such specifications and
other matters shall be understood to be references to the edition
applicable on the Base Date, unless stated otherwise. If substantially-:::.
changed or new applicable national specifications, technical stand.ards
or regulations come into force after the Base Date, the Contractor shall
submit proposals for compliance to tft8Engineer. In the event that the
Engineer determines that such proposals constitute a variation, he shall
then i!lltiate a Variation in accordance with Clause 14.
C&B2/1 BIA/31 June _ZOO&

SECTION 8 CONDmONS OF CONTRACt
PART I (A) PART I (A) DESIGN-BUILP
Samples 5.5 The Contractor shall submit the following samples and relevant
infonnation to the Engineer for pre-construction review in accordan09
with the procedure for Construction Documents described in Sub-
Ciause5.2:
(a) manufacturer's standard samples of Materials,
(b) samples (if any) specified in the Employer's Requirements; and
(c) additional samples instructed by the Engineer under Clause 14.
Each sample shall be labelled as to origin and intended use in th·e
Wor1<s.
As-Built Drawings 5.6 The Contractor ~hall prepare, and keep up-t!H!ate, a complete set of
•as-built" records of the execution of the Works, showing the exact •as·
built" locations, sizes and details of the Works as executed, with ~
references to relevant specifiCations and data sheets. These records
shall be kept on the Site and shall be used exclusively for the purposes
of this Sub-Clause. Two copies shall be submitted to the Engineer priQr
to the commencement of the Tests on Completion.
In addition, the Contractor shall prepare and submit to the Engineer •as.
built drawings• of the Works, showing all Woi'Xs as executed. Th·e
drawings shall be prepared as the Works proceed, and shal be
submitted to the Engineer for his inspection. The Contractor shaH obtai.n
the consent of the Engineer as to their size, the referencing system, and
other pertinent details.
Prtor to the issue of any Taking-Over Certificate. the Contractor shs.ll

submit to the Engineer one microfiche copy, one full-size original copy
and six printed copies of the relevant "as-built drawings•, and any further
Construction Documents specified in the Employe(s Requirements. If
so stated in the Employe(s Requirements. the Contractor shall supply a
copy of any computer data files used in the Design of the Worl(s
together with all software and hardware required to enable such files to
be read, modified and printed or plotted. . The Works shall not b.e
considered to be completed for the purposes of takin~er under Sub-
Clause 10.1 until such documents have been submitted to the Engineer.
Operation and 5.7 Prior to commencement of the Tests on Completion, the Contractor
Maintenance shall prepare, and submH to the Engineer. operation and maintenance
Manuals manuals in accordance with the Employefs Requirements and in
sufficient detail for the Employer to operate, maintain, dismantte,
reassemble, adjust and repair the Works. The Works shall not b'e
considered to be completed for the purposes of taking-over under Sub-
Clause 10.1 until such operation and maintenance manuals have been
C682/1 BIA/32 June2006
..... --· ·- - · -· - - -- -
submitted to the Engineer.
Error by li.8 If errors are found in the Construction Documents, they and the Wortts
Contractor shall be corrected at the Contractor's cost.
Patent Rights !i.9 The Contractor shall indemnify the Employer against all claims of
Infringement of any patent, registered design, copyright trade marx or
trade name, or other intellectual property right if.
(a) the claim or proceedings arise out of the design, construction,

manufacture or use of the Works;
(b) the Infringement (or allegation of Infringement) was not the res~lt of
part (or all) of the WOf1<s being used for a purpose other than that
indicated ~y. or reasonably to be inferred from, the Contract; and
(c) the infringement (or allegation of Infringement) was not the result of
part (or all) of the Worb being used in association or combination
with any thing not suppfied by the Contractor, unless such
association or combination was disclosed to the Contractor pror to
the Base Date or Is stated in the Contract.
The Contractor shall be promptly notified of any claim under this .Sub-
Clause made against the Employer. The Contractor may, at his cost,
conduct negotiations for the settlement of such claim, and any litlg~tlon
or arbitration that may arise from it. The Employer or the Engineer shall
not make any admission which might be prejudicial to the Contractor,
unless the Contractor has failed to take over the conduct of the
negotiations, litigation or arbitration within a reasonable time after
having been so requested.
Except to the extent that the Employer agrees otherwise, the Contractor
shall not make any admission which might be prejudicial to the
Employer, until the Contractor has given the Employer such reasonable
security as the Employer may require. The security shall be for an
amount that is an assessment of the compensation, damages, ch•rges
and costs for which the Employer may become liable, and to which the
indemnity under this Sub-Clause applies.
The Employer shall, at the request and cost of the Contractor, assist him
in contesting any such claim or action, and shall be repaid all
c 682/1 BIA/33 June2006
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I
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I SECTIONS
PART I (A)
PART I (A) DESIGN-SUlLO
reasonable costs incurred.
6 Staff and labour
Engigement of 6.1 The Contractor shall make his own arrangements for the engagement of
Staff and Labour all starr and labour, local or otherwise, and for their payment, housing,
feeding and transport. ·
The provisions of this clause shall apply to all labour and personn~
employed by the Contractor and his Subcontractors and all cos~.
charges and expenses whatsoever that may be incurred by th:e
Contractor and aft risks involved in giving effect to the provisions of thi.s
clause Including all insurances are deemed to be included in ttie.
Contract Price.
Rates of Wages 6.2 The rates of pay to the labour together with the working conditions to b'e
and Conditions of observed shall In the event of any doubt be discussed between ttie
Labour Contractor and the appropriate Employer Department of Labour.
The Contractor shall keep a proper wages book showing the wages paid
to labourers in and about the execution of the Contract together with
such other records as are required by any Statute, Ordinance, Law,
Regulation or Bye-Law In force in Qatar governing the employment of
J labour and shall be bound whenever required to produce such wages
book and other records for the inspection of any person authorised by
the Engineer.
Persons in the 6.3 The Contractor shall not recruit, or attempt to recruit, his staff and labo(Jr
Service of Others from amongst persons In the service of the Employer or the Engineer.
Labour Laws 6.4 The Contractor shall comply w~h all the relevant labour laws applying to
his employees, and shall duly pay and afford to them all their legal
rights. The Contractor shall require all such employees to obey all
applicable laws and regulations concerning safety at work.
..
Working Hours 6.5 . No work shall be carried out on the Site outside the normal workirig
hours stated in the Appendix to Tender, during the night, on Fridays i>r
any other locally recognised days of rest, unless:
(a) the Contract so provides,
C682/1 BIA/34 June20<i6

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PA~TI(A) PART I (A) DESIGN·B~ILD
(b) the worlt is unavoidable, or necessary for the saving of life or

property or for the safety of the Works, in which case the Contractor
shall immediately advise the Engineer,
(c) the work Is customarily carried out by rotary or double shifts, or
(d) the Engineer gives his consent In writing.
Facilities for Staff ii.6 Unless otherwise stated in Part II, the Contractor shall provide and
and Labour maintain all necessary accommodation, camp administration and
welfare facilities for his (and his Subcontractot's) staff and labo4r to
accommodate properly his personnel and labour for the period of the
Contract having due regard for the Statutes, Ordinances, Laws,
Regulations and By-laws In force and to the approval of the approprate
Employer Authorities. The Contractor shall also provide the facilities
specified In the Employers Requirements, for the Employers and
Engineer's personnel. Camps and accommodation br construt1ion
worlters are not permitted to be erected on the S~e.
The Contractor is responsible for all arrangements for his wor1<men and
everything concerning the procurement and employment of labour.
Health and Safety 13.7 Precautions shall be taken by the Contractor to ensure the health and
safety of his staff and labour. The Contractor shall, in collaboration with
and to the requirements of the local health authorities and subject to the
Statutes, Ordinances, Laws, Regulations and Bye-Laws now in forte or
which may be laid down by the appropriate Authorities from Ume to time
during the continuance of the Contract, ensure that m~lcal staff, first
aid facilities, sick bay and ambulance service are available at the
accommodation and on the Site at all times, and that suitable
arrangements are made for all necessary welfare and hygiene
requirements, quarantine, anti-malarial precautions, and for the
prevention of epidemics. The Contractor shall maintain records and
make reports concerning health, safety and welfare of persons, and
damage to property, as the Engineer may reasonably require.
The Contractor shall appoint a member of his staff at the Site to be

responsible for maintaining the safety, and protection against accld~nts,
of personnel on the Site. This person shall be qualified for his wolt and
·shall have the authority to issue instructions and take prote.ctive
measures to prevent accidents. The Contractor shaD send, to the
Engineer, details of any accident as soon as possible afte"r its
C68211 BIA/35 June ·2006

PART I (A) PART I (A) DESIGN-BUILl)
occurrence.
Contractor's 6.8 The Contractor shall provide all necessary superintendence during the
Superintendence design, operation, maintenance and execution of the Works, and a~
long thereafter as the Engineer may consider necessary for the proper
fulfilling of the Contractor's obligations under the Contract. Such
superintendence shaH be given by sutficient persons having adequat~
knowledge of the operations to be carried out (including the methodS
and techniques required, the hazards likely to be encountered an~
methods of preventing accidents) for the satisfactory and safe execution
of the Works.
Contractor's 6.9 The Contractor shall employ (or cause to be employed) only person3
Personnel who are careful and appropriately qualified, skilled and experienced in
their respective trades or occupations. The Engineer may require the
Contractor to remove (or cause to be removed) any person employei;1
on the Site or Works, Including the Contractor's Representative, who iil
the opinion of the Engineer:
(a) persists in any misconduct,
(b) is Incompetent or negligent in the performance of his duties,
f (c) fails to conform with any provisions of the Contract, or
(d) persists in any conduct which Is prejudicial to safety, health, or the

protection of the environment.
If appropriate, the Contractor shaU then appoint (or cause to be

appointed) a suitable replacement person.
Disorderly 6.10 The Contractor shall, at all times during the progress of the Works, tak~
Conduct all requisite precautions and use his best endeavours to ensure all hi~
labour and personnel comply with the Statutes, Ordinances, ~.
Regulations and Bye-Laws in force in the district and so as to preve~t
accidents or any riotous or unlawful behaviour by or amongst ~
labourers and others employed on or in connection with lhe Works a11o:1
for the preservation of the peace and protection of the inhabitants aoo
the security of all property on or In the neighbourhood of the Site. Th·e
Contractor shall not be entiUed to institute any force of police nor sh~ll
he interfere with the Employer Police who shall have free an~
undisputed access at all times to any part of the Site In the execution of
C682/1 BIA/36 June zoo:s

.,

PART I {A) PART I (A) DESIGN-BUILD
their duties.
Permits 6.11 The importation of labour and personnel shali be subject to the Stat\.)tes,
Ordinances, Laws, Regulations and Bye-laws in force from time to-time
and no labour or personnel shall be imported by the Contractor without . ~
·~· ~
l ~
I l
first obtaining the necessary permit or permits, or passports from the
• I
appropriate authorities.
. i
~ •• I
Transport and 6.12 The Contractor shd at his own cost be responsible for the provision of '·
'
I
I
Repatriation transport to and from the Site at all times, and the repatriation to. the .I
places where they were recruited, of all his own and his Subcontrac.tors' .' i
~ ;
personnel and labour employed upon the Wom and shall' be
·responsible for the suitable maintenance of all such persons who. are ~ ,.
being, or about to be, repatriated until they shall have left the country or ,.
. I
the district as the case may be and, in default, the Employer may I
I
repatriate and maintain such persons and recover the costs from the ' j
I
Contractor.
. ~
< :
Alcohol and 6.13 The Contractor shall not otherwise than permitted in accordance with :.. . I
I Drugs Employer Regulation, Import, sell, give, barter or otherwise dispos:e of

any alooholfc liquor or drugs or perm~ or suffer any such importa~on, '·
.' :i
I Anns and 6.14

sale, gift, barter or disposal by his Subcontractors, Agents; or
employees.
The Contractor shall not import, sell, give, barter or otherwise dis~e of
f; : i
f: :
~·
t'
.
I
I
''
Ammunition to any person or persons, any arms or ammunition of any kind or permit
or suffer the same as aforesaid.
I Religious and
other Customs
6".15 The Contractor and his Subcontractors, including Agents and other
personnel, shall, in all their dealings with their labour for the time b'eing
employed on or in connection with the Wortcs, have due regard to all
recognised festivals and religious or other customs. ~
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Compliance with 6.16 The Contractor shall also from time to time furnish to the Engineer $uch I: ;: i
Clause further detailed information and evidence as the Engineer may d,eem I ·I:I i
necessary in order to satisfy him that the conditions of this clause have I I
been complied with. · , r- i

I f Ii
• ~·
Air and Sea 6.17 If air or sea travel by personnel Is required in the execution of· the t .
Transport to and Wor1<s: r.•I :.
·I :
I
from Doha ~· ~ !
(a) The Contractor shall ensure that his personnel and wor1unen,and f.: ' J
(f[ ,· !
aU other persons in his employment in connection with the Wortcs i

f. :·
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f. ' !
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c 68211 BIA/37 June • •~< t
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SECTIONB CONDITIONS OF CONTRACt
PART I (A) PART I (A) DESIGN-BUILO
travel exclusively on Qatar Air1ines and on all journeys to and from

Doha,
(b) If the Contractor intends to transport by sea, he shall give priority ti)
Qatar National Navigation Company and then to Arabic Unitoo
Navigation Company in transport of personnel provided their prices
are not more than that of any other foreign navigation company,
and
(c) The Contractor shall provide substantiation of his compliance with

this Clause if required by the Engineer.
7 Plant, Materials and Workmanship
Manner of 7.1 All Plant and Materials to be supplied shall be manufactured, and a.ll
Execution work to be done shall be executed, In the manner set out In the
Contract. Where the manner of manufacture and execution is not set
out in the Contract, the woi'X shaJI be executed in a proper, wofi(manlike
and careful manner, with properly equipped faolities and non-hazardous
Materials, and In accordance with recognised good practice.
Delivery to Site 7.2 The Contractor · shall be responsible for procurement, transport,
receiving, unloading and safekeeping of all Plant. Materials, Contractor's
Equipment and other things required for the completion of the Works.
If air or sea freight of materials. Is required in the execution of th"B

Wo,U:
(a) The Contractor shall ensure that Qatar Air1ines is used exclusively
for the air freighting to Doha of any materials and equipment
necessary for the execution of the Works,
(b) If the Contractor intends to transport by sea, he shall give priority t.o
Qatar National Navigation Company and then to Arabic Unite.d
Navigation Company In sea freighting of materials and equipment
provided their prices are not more than that of any other foreig·n
navigation company, and
(c) The Contractor shaJI provide substantiation of his compliance with

this Clause if required by the Engineer.
C682/1 BIA/38 June 201i6
. .. ·-· -·- - - -
,.,
SECTIONS CONDITIONS OF CONTI~J,\CT

Inspection i '.3 The Employer and the Engineer shall be entitled, during manufacture,
fabrication and preparation at any places where wor1< is being earned
out, to inspect, examine and test the materials and wor1<manship, and to
check the progress of manufacture, of all Plant and Materials tc• be
supplied under the Contract. The Contractor shall give them full
opportunity to inspec~ examine, meesure and test any wor1< on sne or
wherever carried out.
The Contractor shall give due notice to the Engineer Whenever ~uch
WorX is ready, bebre packaging, covering up or putting out of view. The
Engineer shall then either carry out the inspection, examina1ion,
· · measurement or testing without unreasonable delay, or notify the
Contractor that It Is considered unnecessary. If !he Contractor fal!s to
give such notice, he shall, when required by the Engineer, uncover such
wor1t and thereafter reinstate and make good at his own cost.
Testing ;'.4 If the Contract provides for tests, other than the Tests after Completion,
and In accordance with the Engineer's Instructions all materials and
wortunanship shall be subjected from time to time to such tests as the
Engineer may direct. The Contractor shall provide all documents and
other information necessary for testing and such assistance, labour,
materials, electricity, tuet, stores, apparatus and instruments as are
necessary to carry out such tests efficiently and shall supply sampl~ of
materials before Incorporation in the Works for testing as rna}' be
selected and required by the Engineer.
All such tests shall be carried out and samples supplied by the
Contractor at his own cosl
The Contractor shall agree, with the Engineer, the time and place for the
testing of any Plant and other parts of the Wor1<s as specified in the
Contract The Engineer shall give the Contractor not less than 24 hOurs'
notice of his Intention to attend the tests. The Contractor shall provide
sufficient suitably qualified and experienced staff to carry out the tests
specified in the Contract.
If the Engineer does not attend at lhe time and place agreed, or if the
Contractor and the Engineer agree that the Engineer shall not attend,
the Contractor may proceed wnh the tests, unless the Engineer instructs
the Contractor otherwise. Such tests shall be deemed to have been
made in the Engineefs presence.
C682/1 BIA/39 June ·2006
. . _ 1.._ _ _ __ __
,..,
J
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PART I (A) PART I (A) DESIGN-BUILQ
The Contractor shall promptly forward to the Engineer duly certlfl~

reports of the tests. If the Engineer has not attended the tests, he sha!l
accept the readings as accurate. When the specified tests have been
passed, the Engineer shall endo~ the Contractor's test certifteate, or
issue a certificate to him, to that effect.
Rejection 7.5 If, as a result of inspe'dion, examlnatlon or testing, the Engineer decide$
that any Plant, Materials, design or wor1(manship is defective or
otherwise not in accordance with the Contract, the Engineer may reje~t
such Plant Materials, design or workmanship and shall notify tM
Contractor promp!fy, stating his reasons. The Contractor shall the~
prompUy make good the defect and ensure that the rejected iteril
complies with the Contract
If the Engineer requires such Plant, Materials, design or workmanship tO

be retested, the tests shall be repeated under the same terms and
conditions. If such rejection and retesting cause the Employer to incur
additional costs, such costs shall be recoverable from the Contractor by
the Employer, and may be deducted by the Employer from any monies
due, or to become due, to the Contractor.
In case of default on the part of the Contractor In carrying out such

order, the Employer shall be entiUed to employ and pay other persons to
I carry out the same and all expenses consequent thereon, or lnclden~l
thereto, shall be borne by the Contractor and shall be recoverable from
him by the Employer, or may be deducted by the Employer.from any
monies due, or which may become due, to the Contractor. ·
I Ownership of 7.6 Each item of Plant and Materials shall become the property of the
l Plant and
Materials
8
Employer when It Is deUvered to Site.
Commencement, Delays and Suspension

1 Commencement 8.1 The Contractor shall commence the design and execution of the Wori(:s
of Works as soon as is reasonably possible after the receipt of a notice to this
effect from the Engineer. Such notice shall be issued within the time
stated in the Appendix to Tender after the Effective Date. Th~
Contractor shall then proceed with the Works with due expedition and
without delay, until completion. ~ .' .I
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Time for 8.2 The Design-Build Works, and each Section (if any), shall be completed
and shall have passed the Tests on Completion within the Time fqr ' .
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c 682/1 BIA/40 June 200'6 ; ' .

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J
j
! SECTIONS
PART I (A)
PART I (A) DESIGN·B~ILO
Completion Completion for the Design-Build Works or such Section (as the case
may be).
Extension of Time U.3 The Contractor may apply for an extension of the Time for Completi.on If
for Completion he is or will be delayed either before or after the Time for Completio.n by
any of the following causes:
(a) a Variation (unless an adjustment to the Time for CompletiOn is

agreed under Sub-Clause 14.3),
(b) a Special Risk event (as defined in Sub-Clause 19. 1),
(c) a cause of delay giving an entitlement to extension of time under a

Sub-Clause of these Conditions, unless the Contractor has not
complied with such Sub-Clause, or
(d) any delay, impediment or prevention by the Employer.
If the Contractor intends to apply for an extension of the Time for

Completion, the Contractor shall give notice to the Engineer of such
intention as soon as possible and in any event within 28 days of the
start of the event giving rise to the delay, together with any other 09tice
required by the Contract and relevant to such cause. The Contn,ictor
shall keep such contemporary records as may be necessa,Y to
substantiate any application, either on the Site or at another locittion
acceptable to the Engineer, and such other records as may reaso~ably
1 be requested by the Engineer. The Contractor shall permit the Engl~r
to inspect all such records, and shall provide the Engineer with copies
as required.
Within 28 days of the first day of such delay (or such other peri()ij as
may be agreed by the Engineer), the Contractor shall submn: full
supporting details of his application. Except that, if the Con~ctor
cannot submn all relevant details within such period because the a)use
of delay continued for a period exceeding 7 days, the Contractor shall
subrm interim details at intervals of not more than 28 days (from the first
day of such delay) and full and final supporting details of his applla)tion
within 21 days of the last day of delay.
The Engineer shall proceed in accordance with Sub-Clause 3.5 to agree

or detennine either prospectively or retrospectively such extensiO:n of
the Time tor Completion as may be due. The Engineer shall notify the
Contractor accordingly. .When determining each extension of time, the
C68211 BfA/41 June~006

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~ SECTIONS
PART I (A)
CONDITIONS OF CONTRACt
Engineer shall review his previous determinations and may revise the
total extension of time.
Delays caused by 8.4 If the following conditions apply, namely:

Authorities.
(a) the Contractor has diligently followed the procedures laid down by
the relevant legally constiMed public authorities In the Country, ...
(b) It Is apparent such authorities may delay, impede or prevent the .~ ;
Contractor, and
(c) the resulting delay to the WOIXs was not (by the Base Date) ' I
foreseeable by an experienced Contractor,
then the Contractor is to give 14 days notice to the Engineer of th·a

possible delay and, if after that period a delay has occurred, it will the !I
be considered ~ a cause of delay giving an entitlement to extension of
time under Sub-Clause 8.3.
Rate of Progress 8.5 The mode, manner and speed of execution and maintenance of the
Design-Build Works are to be conducted in a manner to the satisfactio·n
of the Engineer. Should the rate of progress of the Design-Build Work$,
or any part thereof, be, at any time, in the opinion of the Engineer, too
slow to ensure the completion of the Design-Build Works by th:e •... '
prescribed time or extended time for completion, the Engineer shall sp
notify the Contractor in writing and the Contractor shall thereupon tak:e
such steps as the Contractor may think necessary, and the EngineE/f
may approve to expedne progress so as to complete the Design-Buil.d
Works by the prescribed time or extended time for completion. If th'e
work is not being carried on by day and by nigh~ and the ContractOr
shall request permission to work by night as well as by day, then if th'e
Engineer shall grant such permission, the Contractor shall not be
entitled to any additional payment for so doing, but if such permission
shall be refused, and there shall be no equivalent practicable method of
expediting the progress of the work, the time for completion shall be
extended by such period as is solely attributable to such refusal. AJI
work at night shall be carried out_without unreasonable noise and
disturbance. The Contractor shall indemnify the Employer from and
against any liability for damages on account of noise or other
disturbance created while or in carrying out the work and from and
against all claims, demands, proceedings, costs, charges and expenses
whatsoever in regard or in relation to such liability.
.
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SECTION B CONDITIONS OF CONTf~J,\CT

PARTI(A) PART I (A) DESIGN-BUILD
If any steps taken by the Contractor in meeting his obligations under this
Sub-Clause cause the Employer to incur additional costs, such CX)Sts
shall be recoverable from the Contractor by the Employer, and may be
deducted by the Employer from any monies due, or to become due, to
the Contractor.
Imposition of 0.6 If the Contractor shall fail to complete the Design-Build Works, or any
Penalty section of the Design-Build Works for which a particular time for
completion is provided in the Contract, within the time prescrlbec;t by ·
Clause 8.2 hereof or extended time, then the Contractor shall pay tq the
Employer the sum stated in the Tender as a penalty for such defau!t for
every day, or part of a day, whiCh shall elapse between the time
prescribed by Clause 8.2 hereof, or extended time as the case ma)· be,
and the date of completion of the Design-Build Works. The max"'1um
penalty for Delay shall not exceed 10% of the Design-Build
Contract Sum. The said penalty shall be payable without notice or
recourse to legal proceedings and without having to establish that
damage was sustained, which shall be considered as ascertained. The
Employer may, without prejudice to any other method of recovery,
deduct the amount of such penalty from any monies due, or which may
become due, to the Contractor. The payment or deduction of such
penalty shall (i) not relieve the Contractor from his obligation to
complete the Works or from any other of his obligations and llab~ities
under the Contract (il) be the sole and exclusive remedy with regard to
its purpose.
In addition to the penalty for delay the Contractor will be liable for th~ full
costs of any additional fees payable by the Employer to any Consul(ants
engaged by the Employer for the Contract and which are payable as a
result of the Contractor failing to complete the Design-Build W()rl(s
within the time prescribed by Clause 82 hereof or any extended time
granted under Clause 8.3 hereof. The Employer may without prejudice
to any other method of recovery deduct the amount of such costs ~m
any monies In its hands due or which may become due to the
Contractor. The payment of such costs shan not relieve the Coo~ctor
from his obligations to complete the Works or from any other of his
obligations and liabilities under the Contract.
Suspension of 8.7 The Engineer may at any time instruct the Contractor in writing to
Work suspend progress of part or all of the Works. During suspension, the
Contractor shall protect, store and secure such part or the Works
against any deterioration, loss or damage.
c 68211 BIA/43 June·Z006
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PART I (A) PART I (A) DESIGN-BUILP
Consequences of 8.8· If the Contractor suffers delay and/or incurs Cost in following th:e
Suspension Engineer's instructions under Sub-Clause 8.7, and in resumption of the
Works, and If such delay and/or Cost was not (by the Base Date)
foreseeable by an experienced Contractor, the Contractor shall giVe
notice in writing of his intention to claim to the Engineer within 14 daY.s
of the Engineer's order. After receipt of such notice the Engineer shall
l proceed in accordance with Sub-Clause 3.5 to agree or determine:
(a) any extension of time to which the Contractor Is entiUed under Sub-
Clause 8.3, and
l (b) the amount of such Cost, which shall be added to the Contract.
Price,
and shall notify the Contractor accordingly. Except that the·Contract(>r

shall not be entitled to such extension and payment of Cost if the
suspension is due to a cause attributable to the Contractor, or is
otherwise provided for in the Contract, or Is necessary for the proper
execution of the Wo!Xs by reason of weather conditions or conditio11s
due to weather conditions afrecting the safety or quality of the Wofl(s, or
Is necessary for the safety of the Works or any part thereof, or is
necessitated by a Contractor's risk as deflned in Su~use 17.5.
The Contractor shall not be entiUed to extension of time for, or payment

of the costs lnrurred in, making good any deterioration, defect or loss
caused by faulty design, wo!Xmanship or materials, or by the
Contractor's failure to take the measures specified in Sub-Clause 8.7.
Prolonged 8.9 If, on the written order of the Engineer Qn this sub-clause referred to ~s
Suspension a ·suspension Order") the progress of the Works, or any part thereof,
shall be suspended for a period or consecutive periods amounting In all
to 90 days or, If the Engineer having previously issued a SuspensiOn
Order for a period which lasted less than 90 days, shall within less tha.n
90 days from the expiration of that period of suspension issue a further
Suspension Order, either in respect of the whole of the Wo!Xs, or
(where the previous Suspension Order has affected only a part)
affecting or including that part, then and in any such case the Contract(>r
may serve a written notice on the Engineer requiring permission within
28 days from the receipt thereof to proceed with the Works, or that pa:rt
thereof in regard to which progress is suspended and, if such
permission is not granted within that time, the Contractor, by a further
written notice so served, may (but is not bound to) elect to treat tlie
suspension where it affects part only of the Worxs as an omission of
such part under Clause 14 hereof, or, where it affects the whole
C68211 BIA/44 June 2006

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PART I (A) PART I (A) DESIGN-BDilD
Works, as an abandonment of the Contract by the Employer and

terminate his emploY!Tlent under Sub-Clause 16.
~ Resumption of 8.10 After receipt of permission or of an instruction to proceed, the Contractor

Work shall, after notice to the Engineer, and together with the Engineer,
examine the Works and the Plant and Materials affected by the
suspension. The Contractor shall make good any deterioration or d~fect
in or loss of the Works or Plant or Materials, which has occurred d~rlng
the suspension.
9 Tests on Completion
Contractor's !~.1 The Contractor shall carry out the Tests on Completion in accord~nce
Obligations with this Clause and Sub-Clause 7.4, after providing the documents in
accordance with Sub-Clauses 5.6 and 5.7. The Contractor shall giv~. to
the Engineer, 21 days' notice of the date after which the Contractor will
be ready to carry out the Tests on Completion. Unless othe~Nise
agreed, such Tests shall be carried out within 14 days after this da~. on
such day or days as the Engineer shall instruct.
In considering the results of the Tests on CompletK?n, the Engineer shal

make allowances for the effect of any use of the Design-SuRd Work:S by
the Employer on the performance or other characteristics of the Dasign-
Build Works. As soon as the Oesign-BuRd Works, or a Section, have
passed the Tests on Completion, the Contractor shall provide the
Engineer and the Employer with a certified report of the results of all
such Tests.
Delayed Tests t2 If the Tests on Completion are being unduly delayed by the Contractor,
the Engineer may by notice require the Contractor to carry out such
Tests within 21 days after the receipt of such notice. The Contr(lctor
shall carry out such Tests on such day or days within that period as the
Contractor may fix and of which he shall give notice to the Engineer. n
'· ·
If the Contractor fails to carry out the Tests on Completion wilhiil 21
days, the Engineer may himself proceed wl h such Tests. All such
i.
Tests so carried out by the Engineer shaD be at the risk and cost o.f the
Contractor. These Tests on Completion shall then be deemed to have r,
'•' ·
been carried out in the presence of the Contractor and the results of "i
such Tests shall be accepted as accurate.
C68211 BIA/45 June .Z006
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Retesting 9.3 If the Design-Build Works, or a Section, fail to pass the Tests on
Completion, Sub-Clause 7.5 shall apply, and the Engineer or the
Contractor may require such failed Tests, and the Tests on Completion
on any related wort<, to be repeated under the same terms and
condHions.
Failure to Pass 9.4 If the Design-Build Works, or a Section, fall to pass the Tests ori
Tests on Completion repeated under Sub-Clause 9.3, the Engineer shall be
Completion entiUed to:
{a) order further repetition of Tests on Completion under Sub-Clause

9.3;
(b) reject the Design-Build Works or Section (as the case may be), ii1 I
which event the Employer shall have the same remedies again~t ,j ,
the Contractor as are provided under Clause 15; or .,

I
(c) issue a Taking-Over Certificate, if the Employer so requires: the ;

I
Contract Price shaH then be reduced by such amount as may ~
agreed by the Employer and the Contractor (In full satisfaction of
such failure only), and the Contractor shall then proceed Ill lI
I .
accordance with his other obligations under the Contract. I
:1
10 Employer's Taking OVer I
I
Taking-Over
Certificate
10.1 When in the opinion of the Engineer, and except as stated in Sut)..
Clause 9.4, the Design-Build Works shall have been substantially ·I
completed and shall have sa~sfactoriiy passed the Tests on Complelior),
the Engineer shaH, on receiving a written undertaking by the ContractOr
to finish any outstanding work in accordance with Sub-Clause 12.1,
issue a Taking-over Certificate In respect of the Design-Build Works. If
the Design-Build Works are divided into Sections, the Contractor sh~ll
be entitled to apply for a Taking..Qver Certificate for each Section.
The Taking.Qver Certificate to the Contractor shall state the date on

which the Desig,.. Build Works or Section of the Design-Build Wo~ <'I
were completed in accordance with the Contract including passing Test:s .I

on .Completion.
Provided, that the Engineer may issue a Taking..Qver Certificate wiih

respect to any part of the Design-Build Works before the completion of
the whole of the Design-BuHd Works, and shall upon the writt~n
application of the Contractor give such certificate with respect to ariy
t :
)!
• <i !.
C61211 June2006
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substanUal part of the Design-Build Works which has been completed to

the satisfaction of the Engineer, and satisfactorily passed the TO$ on
Completion, and occupied or used by the Employer and when any such
certificate is given In respect of a part of the Design-Build Works :iUch
part shall be considered as completed and the Defects Liability
obligations in accordance with Clause 12 of such part shall comm~nce
from the date of such certificate but shall have no affect on the Contract
Period. Provided also that a Taking.Qver Certificate giver In '
., .:'
'~
accordance with the foregoing provisions for any part of the Works
occupied and used as aforesaid shall not be deemed to certify
completion of any ground or surfaces requiring reinstatement unless
such certificate shall expressly so state.
Use by The ,0.2 The Employer shall not use any part of the Design-Build Works uriless
Employer the Engineer has issued a Taking-Over Ctrtificate for such part. If a
Taking-Over Certificate has been Issued for any part of the Design-Build
Works (other than a Section), the Penalty for delay in completion o.f the
remainder of the Design-Build Works (and of the Section of which it
forms part) shall, for any period of delay after the date stated in such
Taking.()ver Certificate, be reduced in the proportion_which the valt;.e of
the part so certified bears to the value of the Design-Build Wo~ or
Section (as the case may be); such values shall be determined by the
Engineer in accordance with the provisions of Sub-Clause 3.5. The
provisions of this paragraph shall only apply to the rate of Penalty tinder
Sub-Clause 8.6, and shall not affect the limit of such Penalty.
If the Employer does use any part of the Design-Build Works befor~ the
Taking-Over Certificate is Issued:
(a) the part which is used shall be deemed to have been taken ov~r at
the date_on which It is used,
(b) the Engineer shall, when requested by the Contractor, iss~e a

Taking-Over Certificate accordingly, and
(c) the Contractor shall cease to be liable for the care of such partifrom
such date, when responsibility shall pass to the Employer.
After the Engineer has issued a Taking-Over Certificate for a part of the
Design-Build Worl<s, the Contractor shall be given the ear1iest
opportunity to take such steps as may be necessary to cany ou~ any
outstanding Tests on Completion, and the Contractor shall carry out
such Tests on Completion as soon as practicable, before the exp!ry of
c 68211 BIA/47 June•2006

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PART I (A) PART I (A) DESIGN-BUILl}
the Design-Build Contract Period.
Interference with 10.~: If the Contractor is prevented from carrying out the Tests on Completion
Tests on by a cause for which the Employer (or another contractor employed by
Completion the Employer) is responsible, the Employer shall be deemed to have
taken over the Design-Build WorX8 or Section (as the case may be) on
the date when the Tests on Completion would otherwise have been
completed. The Engineer shall then issue a Taking-Over Certificate
accordingly, and the Contractor shall carry out the Tests on Compleoo·n
as soon as practicable, before the expiry of the Design-Build Contra¢!
Period. The Engineer shall require the Tests on Completion to be
carried out by 14 days' notice and in accordance with the relevai1t
provisions of the Contract. If the Contractor incurs additional Cost as a
result of this delay in carrying out the Tests on Completion, such Co$t
plus reasonable profit shall· be determined by the Engineer in
accordance with the provisions of Sub-Clause 3.5 and shall be added to
the Contract Price.
Ownership 10A From the date stated in the Taking-Over Certificate, the Contractor shall
transfer to the Employer such part of the Design-Build Works that hav'e
been taken over by issue of the Takifl9"(>ver Certificate, together wi1h
any items of Plant and Materials procured by the Contractor and to be
installed thereafter. Throughout the remainder of the Contract Period,
the Employer shall maintain ownership of the Design-Build Wort.s
together with additional Permanent Works arising out of any upgrade~.
alterations and improvements and the Contractor shaD be responsible
for the operation and maintenance of the Works.
l
11 Tests after Completion
1
Delete the Clause In its entirety.
12 Defects liability
Completion of 12.·1 In order that the Construction Documents and the Works shall be in ttje
Outstanding Work condition required by the Contract (fair wear and tear excepted) at. or as
and Remedying soon as practicable after, the expiry of the Design-Build Contract PeriOO,
Defects the Contractor shall:
c 68211 BIA/48 June20f)6

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l SECTIONB CONDITIONS OF CONTRACT
PART I (A) PARTI (A) DESIGN-BUILD
~ (a) complete any work which is outstanding on the date stated in a

Taking-Over Certificate, as soon as practicable after such date, and
(b) execute all work of amendment, reconstruction. and remedying

defects or damage, as may be instructed by the Employer or the
Engineer during the Contract Period.
If any such defect appears or damage occurs, the Employer or the

Engineer shall promptly notify the Contractor in writing.
Cost of 12.2 All work referred to in Sub-Clause 12. 1 (b) shaU be executed b)' the
Remedying Contractor at his own cost, if the necessity for such work Is due to:
Defects
(a) the design of the Works,
(b) Plant, Materials or workmanship not being in accordance with the

Contract, or
(c) failure by the Contractor to comply with any of his other obligatiOns.
If such necessity is due to any other cause, the Engineer shall notif!J the
Contractor accordingly ~nd seek agreement to an adjustment to the
Contract Price. In this event, Sub-Clause 14.3 shall apply to such wOik.
Extension of i 2.3 The Design-Build Contract Period shall be extended by a period eqtial to
Contract Period the sum of any periods, after the Works are taken-over, during which the
d- --
Works or any Section or Item of Plant cannot be used, for the pui'JY.)Ses
for which they are Intended, by reason of a dQfect or damage; except
that the Design-Build Contract Period shaH not be extended by more
than two years.
When delivery of Plant and/or Materials, or erection of Plant,, or

instaUation of Materials, has been suspended under Sub-Clause 8.7, the
Contracto~s obligations under this Sub-Clause shall not apply to any
defects or damage occurring more than three years after the Plant
and/or Materials would otherwise have been delivered, erected and
taken-over.
Failure to Remedy 12.4 If the Contractor taBs to remedy any defect or damage within a
Defects reasonable time, the Employer or the Engineer may fix a date on or by
which to remedy the defect or damage, and give the Contractor
c 68211 ~A/49 June ·2006

SECTIONB CONDITIONS OF CONTRACT •
reasonable notice of such date.
If the Contractor fails to remedy the defect or damage by such date an·d
the necessity for such work is due to a cause stated in Su~us'e
12.2(a), (b) or (c), the Employer may (at It's sole discretion):
(a) carry out the work itself or by others, in a reasonable manner and ~t
the Contracto~s risk and cost, but the Contractor shall have ~
responsibility for such WQrl(: the costs property incurred by ttfe
Employer, Including administration and professional fee costs, l.n
remedying the defect or damage shall be recoverable from th:a
Contractor by the Employer; ·
(b) require the Engineer to determine and certify a reasonable

reduction in the Contract Price; or
(c) if the defect or damage is such that the Employer has bee~
deprived of substantially the whole of the beneftt of the Works qr
parts of the Works, terminate the Contract in respect of such part~
of 1he Works as cannot be put to the Intended use: the Employt-r
shaD then be entitled to recover all sums paid for such parts of th~
Works, including administration and professional fee costs, together
with the cost of dismanUing such parts of the Works, clearing th'e
Site and returning Plant and Materials to the Contractor, and Suti-
Ciause 15.1 shall not apply.
Removal of 12.5 If the defect or damage is such that it cannot be remedied expeditiously
Defective Work on the SHe, the Contractor may, with the consent of the Engineer or tt(e
Employer, remove from the Site for the purposes of repair any part Qf
the Works which is defective or damaged. In such instance ~
Contractor shall take full responsibility for the parts removed and sha.ll
ensure that the parts removed from the Works are insured in lik~
manner to Clause 18 whilst at the Works and in transit.
Further Tests 12.6 If the remedying of any defect or damage is such that it may affect th~
performance of the Works, the Employer may require that Tests o·n
Completion or Tests after Completion, or both, be repeated to the extent
necessary. The 1'9QUirement shall be made by notice within 28 day.s
after the defect or damage is remedied. Such Tests shall be carried oUt
in accordance with Clause 9 or Clause 11 (as the case may be).
Right of Access 12.7 Until the Perfonnance Certificate has been issued, the Contractor sha.ll
have the right of access to all parts of the Works and to records of th))
worldng and performance of the Works, except as may be inconsisterit
C682/1 BIA/50 June200:6

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PART I (A) PART I (A) DESIGN-BUiLD
with any operating or security restrictions imposed by the organisa~on

responsible for operating the Wortts.
Contractor to 1~!.8 The Contractor shall, If required by the Engineer, search for the causi3 of
Search any defect, under the direction of the Engineer. Unless the defect Is i)ne
for which the Contractor is liable, the Cost of such search, plus
reasonable profit, shall be determined by the Engineer in accordajlce
with the provisions of Sui>Ciause 3.5 and added to the Contract Price.
Performance 1:!.9 The Design-Build Works shall not be considered to be completed Until
I Certificate the Oesign-BuUd Performance Certificate has been signed by the
Engineer and delivered to the Contractor, stating the date on which Ithe
I Contractor completed his obligations In respect of the Design-BuDd

Works to the Engineer's satisfaction.
The Design-Build Performance Certificate shall be given by the

Engineer by the date 28 days after the expiry of the Deslg~uild
Defects Liablity Period, or as soon after such date as the Conlraetor
has provided all the Construction Documents in respect of the Des)gn- I
! ·~
Build Wortcs and completed and tested all the Design-Build wo·rtcs,
including remedying any defects. :II
>I
Only the Design-Build Performance Certificate shall be deemed to
;~
· It
constitute approval of the Design-Build Wortts. 'I·

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Unfulfilled 12,10 After the Design Build Performance CertifiCate has been issued, the 1'
Obligations Contractor and the Employer shall remain liable for the fulfilment of any rj!
obligation which remains unperformed at that time. For the purpose·s of
determining the nature and extent of any such obligation, the Cont'ract ..i.l.
~II
shall be deemed to remain in force.
,,...'"j.tl
Urgent repairs 12.11 If, by reason of any accident or fallure or other event occurring to, i~. or ;'I.I
in connection with the Worb, or any part thereof, during the Contract
Period any remedial or other wor1c or repair shall in the opinion of,the
~~
J
Engineer be urgenUy necessary for security, and the Contracto:r is

unable or unwifting at once to do such work or repair, the Employer ~ay - I
by lfs own or other workmen do such wort or repair as the Engineer .I rI
I I
I ,
may consider necessary.
:ij
If the work or repair so done by the Employer is work which, in•the
opinion of the Engineer, the Contractor was liable to do at his own
expense under the Contract, all costs and charges properly lncurreij by ' 'I
the Employer in so doing shall on demand be paid by the Contractc,ir to •'
.
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C68211 BIA/51 June ?Go&
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PARTI(A) PART I (A) DESIGN-BUlL(>
the Employer, or may be deducted by the Employer from any moni~

due, or which may become due, to the Contractor. Provided always ~t
the Engineer shall, as soon after the occurrence of any such emergencf
as may be reasonably practicable, notify the Contractor thereof in
writing.
13 Contract Price and Payment
The Contract 13.1 Unless otherwise stated in Part II:

Price
(a) payment for the Worl<s shall be made on a fixed lump sum bas~;
(b) the Contract Price shall not be adjusted for changes in the cost of
labour, materials or other matters;
(c) the Contractor shall pay all duties and taxes in consequence of hi~
obligations under the Contract, and the Contract Price shall not bi!
adjusted for such costs;
(d) any quantities which may be set out in a Schedule are to be take~
as the actual and oorrec::t quantities of the Worb to be executed by
the Contractor In fulfilment of his obligations under the Contract
Any error or omission in the calculation of the Quantity of Work
required shall not in any way vitiate the Contract nor be grounds for
Extension of Time or adjustment of the Contract Price, and
· {e) any quantities, prices or rates of payment per unit quantity which
may be set out in a Schedule are only to be used for the purposes
stated in such Schedule.
If any part of the Worl<s is to be paid acx:ording to quantity supplied or

worl< done, the provisions for measurement and valuation shall 1>'9
stated In Part II.
Advance 13.2 The Employer will make interest..free advance payments to the
Payments Contractor for his mobilisation and design. The total of such advanc.'e
payments, and the number, and timing of instalments (if more than one),
shall be as stated in the Appendix to Tender. The Engineer shall issue
an Interim Payment Certificate for the first instalment after th:e
Contractor has delivered, to the Engineer, the performance bond In
accordance with SuD-Clause 4.2 and a bank guarantee In a form and by
a bank acceptable to the Employer in amounts equal to the advanc:e
payments. Such bank guarantee shall remain effective until th'e
c 68211 BIA/52 June2006
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PART I (A) PART I (A) DESIGN·BUJLD
advance payments have been repaid, but its amount shall be

progressively reduced by the amount repaid by the Contractor as
indicated in Interim Payment Certificates.
The advance payments shall be repaid through percentage dedu~ons

In Interim Payment Certificates certified by the Engineer In accord~nce
with this Clause at the rates stated in the Appendix to Tender so that
upon issue of a Taking-Over Certificate for the Works, or any S~on
thereof, the total Advance, or the proportionate part thereof, has ~een
repaid by the Contractor.
. .
If the advance payments have not been repaid prior to the Issue of the
Taking.Qver Certificate for the Works or prior to termination ui'lder
Clauses 15, 16 or 19 (as the case may be), the whole of the balance
then outstanding shall immediately become due and payable by the
Contractor to the Employer.
Application for 13.3 The Contractor shall submit a statement In six copies to the Engi_neer
Interim Payment after the end of each month, In a form approved by the Engineer,
Certificates showing the amounts to which the Contractor considers himself to be
entitled, together with supporting documents which shall include the
detailed report on the progress during the month in accordance with
Sub-Clause 4.15. The statement shall include the following item$, as
applicable, in the sequence listed:
(a) the estimated contract value of the Construction Documents

produced and the Deslgn-BI.ild Works executed up to the e~d of
the month (Including Variations but excluding ~ems descrtbEid in
sub-pa~graphs (b) to (g) below);
(b) any amounts to be added and deducted for Plant and Materi~ls In
accordance with Su~lause 13.5; ·
(c) any amounts to be added and deducted for changes in legislation in

accordance with Sub-Clause 13.16;
(d) any other additions or deductions which may have become d~e in
accordance with the Contract (including those under Clause 20), ·
other than under Sub-Clause 8.6;
(e) any amounts to be added and deducted for the advance payments
c 682/1 BIA/53 June!2006

SECTION 8 CONDITIONS OF CONTRACt
and repayments in accordance with Sui>Ciause 13.2;
(ij any amount to be deducted for retention, calculated by applying thil

percentage of retention stated In the Appendix to Tender to the tote)~
of the above amounts, until the amount so retained by the Employer
reaches the limit of Retention Money (if any) stated in the Append~
to Tender; and
(g) the deduction of the amounts certified in all previous lnteri~n

Payment Certificates.
Schedule of 13.4 Prior to oommenclng oonstruction of the Permanent Works, t~

Payments Contractor shall submit a bill of principal quantities of the Permanent
Works (referred to in this sub-dause as "the BPQPW"), together with
such supporting information and calculations as the Engineer ma'y
reasonably require. The BPQPW shall indude the anticipated fin~l
quantities of the principle items of Permanent Works, which shall havi3 I ~
~~ •.
been priced using all~n-rates such that the total amount equals th~ ~ .
.I.'
•t •·
Contract Price. The BPQPW shall not oontain priced items fcir
Temporary Woc1<s; the value of each element of such work, and an)'
other wo!X ~ents not described in the BPQPW, shall be included i{l
the rates for Permanent Works which are to be constructed after such
element is carried oul The BPQPW shall be subject to the approval qf
the Engineer, which may at any time be withdrawn, and shaD be withoUt . '!
prejudice to the final amount due under the Contract The BPQPW
shall be revised and reissued If it appears at any time before Taking-
Over that it wiR not fully represent the Permanent works when oomplete.
The priced Schedule of Prices shatl form the basis of the BPQPW. .
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During the Time for Completion, the oontract value for the purposes of 'I .
I
sub-paragraph (a) of Sub-Clause 13.3 shall not exceed the amount .t .
'I
calculated from the current BPQPW, based on the quantities of • I
Permanent Works which have been oonstructed in accordance with the .,. I
Contract ·I
I
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The Contractor's interim statement shall be In the same form as that of ·I
j .
the current BPQPW and shall be accompanied by the Contractols
signed statement that the current BPQPW attached thereto (includin'g ·t ·.
anticipated final quantities) and the aKOnstructed quantities are ~II ·t .
oonect; each such statement shall also be accompanied by a I '.
Construction Certificate, signed by the Contractor's Representative, ': ·' '
certifYing that the part of the Works constructed to date oomplles wit:h ';j'i·'
the oontract. However, the Contractor may propose such lesser amou~it .=r
c 68211 BIA/54 June20Q6
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t SECTIONS CONDITIONS OF CONTRACT
PART I (A) PART I (A) DESIGN-BLiiLD
as seems reasonable, supported with appropriate calculations c'n a

similar basis to the procedure described in this Sub-Clause.
Plant and 13.5 If this SUb-Clause applies, Interim Payment Certificates shall include (i)
Materials for the an additional amount for Plant and Materials which have been broiJQht
Permanent Works to the Site for inoorporation In the Permanent Works, and (fi) a
deduction when they have been incorporated in the Permanent W6fl(s.
The Engineer shall determine the amount of each addition and
deduction in accordance with the following provisions :
(a) no such addition shall be included In the Interim Payment .

Certificate unless, in the opinion of the Engineer:
(i} the Plant and Materials are considered to be in accordance

with the Contract;
(ii) the Plant and Materials have been delivered to the Site and
are properly stored on Site and protected against loss,
damage or deterioration;
(iii) the Contractor's records of the requirements, orders, ~ipts

and use of Plant and Mater1als are kept in a form approve_
d by
I the Engineer, and such records are avaAable for inspection by
the Engineer;
I (lv) the Contractor has submitted a statement of the Cost of

acquiring and delivering the Plant and Materials to the Site,
together with such documents as may be required for· the
purpose of evidencing such Cost
(b) the additional amount to be certified shall be the equivalent of

eighty percent of the cost of the Ptant and Materials delivered to
the S~e. as determined by the Engileer after review of the
documents mentioned In sub-paragraph (a) above, taking account
of the contract value of such Plant and Materials as detefTl'1ined
and considered appropriate by the Engineer; and
(c) the amount of the deduction for any Plant .and Materials
incorporated in the Pennanent Wo!Xs shall be equivalent to the
addition previously certified by the Engineer for such Plant and
Materials under sub-paragraph (b) above.
c 68211 BIA/55 June 2006

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l SECTIONS
PART I (A)
CONDITIONS Of CONTRACt
PART I (A) DESIGN-BUlL(>
Issue of Interim 13.6 No amount will be certifted or paid until the Employer has received, ana
Payment approved, the performance bond In accordance w~h Sub-Clause 4.~.
Certificates Thereafter, the Engineer shall, within 28 days of receiving a statemer(t
and supporting documents, deliver to the Employer, with a copy to the
Contractor, an Interim Payment Certificate showing the amount whlc!l
the Engineer considers to be due; if no payment is considered to bf)
due, the Engineer shall promptly notify the Contractor according!);.
Except that the Engineer shall not be bound to certify any paymerit
under this Sub-Clause, if the net amount to be certified (after retenUo~
and other deductions including the effects of sub-clauses (a) and (b) of
this clause) would be less than the minimum amount of Interim Paymerit
Certificates (if any) stated
.
In the Appendix to Tender.
.
An Interim Payment Certificate shall not be withheld on account of:
{a) defects: if any thing supplied or WOf1( done by the Contractor is ncit
in accordance with the Contract. the cost of rectificatiOn or
replacement shall be deducted by the Engineer from any amou~t
otherwise due;
(b) part (only) of the payment applied for being disputed:·in such ~.
a payment certifiCate shall be issued for the undisputed amount
The Engineer may in any payment certificate make any correction cr

modification that should property be made to any previous certificate.
Payment 13.7 Unless otherwise stated in Part II,
{a) Payment upon each of the Engineer's Interim Certificates shall b:e
made by the Department of General Financial Affairs to lh~
Contractor within the time stated in the Appendix to the Form Qf
Tender after such certificate has been delivered to the Employer,
and
(b) the Department of General Financial Affairs shall pay the amourit
certified In the Final Payment Certificate within 45 days from th:e
date of receipt of the Engineer's Certificate of Payment by th:e
Department of General Financial Affairs. In application of th:e
Decree Law No. (11) of the year 1993 concerning income tax an:d
the circulars implementing it, if the Contractor is not a Nation~
Company the Final Payment shaR not be released unless th·e
contractor submits a tax clearance certificate from the •Income Ta'x
Oepartmenr of the Ministry of Finance, Economy and Trade with
C68211 BIA/56 June 200'6
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PART I (A) PART I (A) OESIGN·BliiLD
respect to the Contract Agreement.
Payments shall be made Into a bank account, nominated by the

Contractor.
Delayed Payment 13.8 If payment of any sum payable under Sutrelause 13.7 is delayed, the
Contractor shall not be entided to receive any additional payment.
Payment of 13.9 When the Engineer has issued the Taking-Over Certificate for the
Retention Money Works, and the W()fi(s have passed all specified tests (Including Tests
after Completion, if any), the first half of the Retention Money shall be
certified by the Engineer for payment to the Contractor. If the Work$ are
taken over in Sections, the percentage of the first half of the Rete~tion
Money released following the issue of a Taking-Over Certificate f.or a
Section, and it passing all tests, shall be the percentage value of the
Section as stated in the Appendix to Tender.
It the Contractor is not a National Company then the half of the

Retention Money payable In accordance with ttfe preceding parag(aph
, shall only be released against· an equivalent bank guarantee valid .until
the end of the period 90 days after the Design-Build Defects lia~ility
Period..
Upon the expiry of the Design-Build Defect Uability Period Works , the
second half of the Retention Money shall be certifted by the Engineer for
payment to the Contractor. Except that, If at such time any work shall
remain to be executed under Clause 11 or Clause 12, the Engineer shall
be entiUed to withhold certification, until completion of such wot1t, (}f so
much of the balance of the Retention Money as shall represent the cost
of the work remaining to be executed.
Statement at 13.10 Not later than 60 days after the issue of the Taking-Over Certlficat~ Cor
Completion the Works, the Contractor shall subm~. to the Engineer, six oopies·of a
J statement at completion with supporting documents showing in de~B. in
the form approved by the Engineer under Sub-Clause 13.3:
(a) the final value of all work done in accordance with the Contra¢t up
to the date stated In such Taking-Over Certificate,
(b) any further sums which the Contractor ca~siders to be due, a~
c 68111 BIA/57 June 2006
1..1. ____ .._._ _ __ _ _ _ _ __ _ __ __ _ _ __ _ __ _ __ _ __ _

-.~.
(c) an estimate of amounts which the Contractor considers will beoom·a

due to him in respect of the Oesign-8uild Wor1<s under the Contract.
The estimated amounts shall be shown separately in such statement at

completion. The Engineer shall certify payment under Sub-Clause 13.6.
Application for 13.11 Not later than 60 days after the issue of the Design-Build Performance
Final Payment Certificate for the Design-Build Works, the Contractor shall submit to th·e
Certificate Engineer six copies of a draft final statement in respect to the Design·
Build Works with supporting documents showing In detail, In a form
approved by the Engineer:
(a} the value of al work done In acoordance with the Contract In

respect of the Design-Build Works, and
(b) any further sums which the Contractor considers to be due to him
under the Contract or otherwise in respect of the Design-Build
Works.
If the Engineer disagrees with or cannot verify any part of the draft fin~l
. ,''
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statement in respect of the Design-Build Works, the Contractor sha.ll :, ·I
submit such further information as the Engineer may reasonably require ~ .~
I· . ~
and shall make such changes In the draft as may be agreed betwee·n ' .
them. The Contractor shall then prepare and submit to the Engineer th·e ' 1
final statement in respect of the Design-Build Works as agreed (for th:e
purposes of these Conditions referred to as the "Desig~uild Fi~l
Statemenr).
If, following discussions between the Engineer and the Contractor and
any changes to the draft final statement in respect of the Design-Build
Works which may be agreed between them, it becomes evident that a
dispute exists, the Engineer shall deliver to the Employer (with a copy to
the Contractor) an Interim Payment Certificate for those parts of the
draft final statement in respect of the Design-Build Wor1<s which are nat
in dispute. The dispute may then be resolved under Clause 20, in which
case the Contractor shall then prepare and submn to the Employer (wH:h
a copy to the Engineer) a Design·BuHd Final Statement in accordance
with the outcome of the dispute.
Discharge 13.12 When submitting the Design-Build Anal Statemen~ the Contractor sh~ll
submit a written discharge which confirms that the total of the Desigri-
Build Final Statement represents full and final settlement of all monies
due to the Contractor under the C.ontract in respect of the Design-Buiid
Worts. Such discharge may state that it shall become effective only
c 68211 BIA/58 June~&

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I. I
PART I (A) PART I (A) DESfGN·B~ILD
after payment due under the Design-Build Final Payment Certificate·has

been made and the performance bond in respect of the Deslgn-E}ulld
Works referred to In Sub-Clause 4.2 has been returned to the
Contractor.
Issue of Final 13.13 The Engineer shall issue to the Employer, with a copy to the Contra¢tor,
Payment the Oesign:Buld Final Payment Certificate within 28 days after receiving
Certificate the Design-Build Final Statement and written discharge in accordance
with Sub-Clauses 13.11 and 13.12, stating:
(a) the amount which is finally due, and
(b) after giving credit to the Employer for all amounts previously pai,d by
the Employer and for all sums to which the Employer Is entided,
other than under Sub-Clause 8.6, the balance, if any, due frorr! the
Employer to the Contractor or from the Contractor to the Employer
as the case may be.
If the Contractor has not applied for a Design-Build Final Payment

Certificate In accordance with Sub-Clauses 13. 11 and 13.12, the
Engineer shall request the Contractor to do so. If the Contractor faUs to
make such an application within a period of 28 days, the Engineer $hall
issue the Design-BuDd Fl.nal Payment Certificate for such amount a·s he
considers to be due.
Cessation of 13.14 The Employer shall not be liable to the Contractor for any matter or thing
Employer's arising out of (or in connection with) the Contract or execution of the
Uability Design-Build Works, unless the Contractor shall have included a claim
for it in his Design-Build Final Statement and (except for matter's or
things arising after the issue of the Taking..Qver Certificate for the
Works) in the statement at completion described in Sub-Clause 13.10.
Currency of 13.15 The Currency of account is the Qatar Riyal and all payments made in
Account accordance with the Contract shall be in Qatar Riyals. Valuation of
Foreign Materials delivered to sit~ shall, if required, be made by
conversion to Qatar Riyals at the Qatar Central Bank rate ruling at the
Base Date.
Changes in 13.16 The Contract Price in respect of Design-Build Works shall be adjust~ to
Legislation take account of any increase or decrease in Cost resulting from
changes In Qatar legislation, made after 28 days prior to the Base Date.
Such legislation means any law, order, regulation or by-law having the
force of law, lnduding currency restrictions but not exchange ·rate
C682/1 BIA/59 June .Z006
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SECTION B CONDITIONS OF CONTRACt

fluctuations, which affects the Contractor in the performance of 15

obligations including changes to Technical Standards and Regulations
in accordance with Sub-Clause 5.4 hereof.
If the Contractor incurs (or will incur) additional ~st resulting from such
changes in legislation, made after 28 days prior to the date for
submission of the Tender, the Gontractor shall give notice to the
Engineer. After receipt of such notice the Engineer shaD proceed in
accordance with Sub-Clause 3.5 to agree or determine the amount of
such Cost, vmfch shall be added to the ,Contract Price.
·14 Variations
Ri~t to Vary 14.1 The ·Engineer shall make any variation of the form, quality or quantity of
the Worl<.s or any part or section thereof that may In his opinion ~
necessary and for that purpose or if for any other reason It shall in hi.s
opinion be desirable shall have the power to order the Contractor to dO
and the Contractor shall do any of the following:
(a) increase or deaease the quantity of any work Included in the

Contract
(b) omit any such work
(c) change the character or quality or kind of any such work
(d) change the levels, lines, position and dimensions of any section cir
part of the WOO<s, and ·
(e) execute additional work of any kind necessary for the completion of
theWorl<.s
and no such variation shall any in way vitiate or invalidate the Contra¢!
but the value (if any) of all such variati9ns shall be taken Into account in
ascertaining the amount of the Contract Price
The Employer has the right, in accordance with Article 26 of Law No. 26
of 2005, during the Contract Period, to increase or decrease the workiJ,
in compliance with the Conditions of Contract, by up to 20% of the
Contract Sum.
C68211 BIA./60 June~6
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PART I (A) DESIGN·BtJILD
Variations may be Initiated by the Engineer at any time during the

Contract Period, by written instruction. A request by the Engineer for a
proposal shan not constiMe a Variation nor will the Contractor be
reimbursed for the Cost of the proposaii including design services,
incurred if the Engineer elects not to proceed with the proposal.
The Contractor shall not make any alteration and/or modification of the
Works, unless and until the Engineer instructs or approves a Vari~tion.
If the Construction Documents or Worts are not in accordance with the
Contract, the rectification shall not constitute a Variation.
Value Engineering 14.2 The Contractor may, at any time, submit to the Engineer a wntten
proposal which in the Contractor's opinion will reduce the c:oSt of
constructing, maintaining or operating the Works, or improve the
efficiency or value to the Employer of the completed Works, or
otherwise be of benefit to the Employer. Any such proposal sl'la:n be
prepared at the cost of the Contractor and shall include the items listed
in SUtH;tause 14.3.
Variation 14.3 If the Engineer requests a proposal, prior to instructing a Variation, the
Procedure Contractor shall submit as soon as practicable:
(a) a description of the proposed design and/or work to be performed

and a programme for Irs execution,
{b) the Contractor's proposal for any necassary modiftcations to the

programme accordng to SUtrCiause 4.14, and
I
(
(c) the Contractor's proposal for adjustment to the Contract Price, Time
for Completion and/or modifications to the Contract.
The Engineer shall, as soon as practlcable after receipt of such

proposals, respond with approval, rejection or comments.
If the Engineer instructs or approves a Variation, he shall proce(ld in

accordance with Sub-Clause 3.5 to agree or determine adjustments to •
''
the Contract Price, Time for Completion and Schedule of Payments.
Valuation of 14.4 The Engineer shall determine the amount (if any) which In his opJnlon
Variations should be added or deducted from the sum named in the tender in
respect of any additional work or wolf( omitted by his order.
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c 68211 BIA/61 June·2006
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SECTIONB CONDITIONS OF CONTRACt
PART I (A) PART I (A) DESIGN·BUILD
The adjustments to the Contract Price shall reflect the true value of the
additional work or work omitted based on the labour, material, transport
and plant necessary for the execution of the work taking into account
the Tender Price and pricing and tender rates, etc if applicable.
Adjustment of the Contract Price shall include reasonable profit, an~

shall take account of the Contractots submissions under Sub-Clause
14.2 if applicable.
Provisional Sums 14.5 Each Provisional Sum shall only be used, in whole or in part, in
accordance with the Engineer's instructions. The total sum paid to the
Contractor shall include only such amounts for the work, supplies or
services to which such Provisional Sums relate as the Engineer shall
have instructed. For each Provisional Sum, the Engineer may order:
(a) work to be executed (including Plan~ Materials or services to be

supplied) by the Contractor and valued under Sub-Clause 14.3;
(b) Plant, Materials or services to be purchased by the Contractor, fOr

which payment will be made as foBows:
(I) . the actual price paid (or due to be paid) by the Contractor.
And
(ii) a percentage of the actual price paid (or due to be paid),

as stated in the Appendix to Tender, to cover all other
Costs, charges and profit.
The Contractor shall, when required by the Engineer, produce

quotations, invoices, vouchers and accounts or receipts in
substantiation.
15 Default of Contractor
Notice to Corract 15.1 If the Contractor fails to carry out any of his obligations, or if the
Contractor is not executing the W~ In accordance with the Contract
the Engineer may give notice to the Contractor requiring him to make
good such failure and remedy the same within a specified reasonab"'
time.
Tennination 15.2 If the Contractor:
C68211 BIA/62 June2006

(a) fails to comply with a notice under Sub-Clause 15.1,
(b) abandons or repudiates the Contract,
(c) without reasonable excuse fails:
(i) to commence the Works In accordance with Sub-Clause

8.1,
(ii) to proceed with the Worn tn accordance with Clau$6 8,
or
(iii) to demonstrate that sufficient design capabilitY Is
employed In the design of the Design-Build Wort(s to
achieve completion within the Design-Build Time for
Completion,
(d) becomes bankrupt or insolvent, goes into liquidation, h~ a

receiving or administration order made against him, c:ompo~nds
with his creditors, or carries on business under a receiver, tru:stee
or manager for the benefit of his creditors, or if any ad is doria or
event occurs which (under any applicable law) has a similar effect
to any of these acts or events,
(e) fails to comply with a notice Issued under Sub-Clause 7.5 within 28
or
days after having received it,
(f) assigns the Contract or subcontracts the Works without the

required consent,
then the Employer may, after having given 14 days' notice to the
Contractor, terminate the Contractor's employment under the Contract
and expel him from the S~e. The Contractor shall then deliver all
Construction Documents, and other design documents made by or for
him, to the Engineer. The Contractor shall not be released from any of
his obligations or liabRitles under the Contract. The rights and
authomies conferred on the Employer and the Engineer by the Contract
shall not be affected.
c 682/1 BIA/63
:j
t The Employer may upon such termination complete the Oesign-Suil(j

Works itself and/or by any other contractor. The Employer or such oth~r
contractor may use for such completion so much of the Construction
Documents, other design documents made by or on behalf of thl!
Contractor, Contractor's Equipment. Temporary Works, Plant anij
Materials as It or they may think proper. Upon completion of t~
Design-Build Works, or at such earlier date as the Engineer think)
appropriate, the Engineer shall give notice that the Contractor's
Equipment and Temporary WOf'ks will be released to the Contractor ~t
or near the Site. The Contractor shall remove or arrange removal of the
same from such place without .delay and at his cost. Should th~
Contractor fail to remove the same within a reasonable period then th~
Employer may setl same and retain the proceeds, after deducting tha
cost of removal and disposal, to the extent required to satisfy any de~t
due to the Employer by the Contractor.
Valuation at Date 15.3 The Engineer shall, as soon as possible after termination under Su~
of Termination Clause 15.2, detarmlne and advise the Contractor of the value of the
Construction Documents, Plant, Materials, Contractor's Equipment ani:!
Works and aH sums then due to the Contractor as at the date cif
termination.
Payment after 15.4 After termination under Su~use 152, the Employer shall not bia
termination liable to make any further payments to the Contractor until the costs of
design, execution, completion and remedying of any defects, penaJtie.s
for delay in completion (If any), and all other costs incurred by tM
Employer, have been established.
The Employer shall be entiUed to recover from the Contractor the extr;a
costs, if any, of oompleting the Design-Build Works after allowing for any
sum due to the Contractor under Sub-Clause 15.3. If there are no such
extra costs. the Employer shal pay any balance to the Contractor.
Bribes 15.5 If the Contractor, or any of his Subcontractor's, agents or servants gives
or offers to give to any person any bribe, gift, gratuity or commission a:s
an indUC8ment or reward:
(a) for doing or forbearing to do any action In relation to the Contract or

any other contract with the Employer, or
(b) for showing or forbearing to show favour or disfavour to any perso.n

in relation to the Contract or to any other contract with th'e
Employer,
c 682/1 BIA/64 June ZOO:&
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PART I (A) PART I (A) DESIGN·B01LD
then the Employer may, after having given 14 days' notice to the
Contractor, terminate the Contractor's employment under the Contract
and expel him from the Site, and the provisions of this Clause ~hall
apply as if such termination and expulsion had been made under Sub-
Clause 15.2.
·t& Default of Employer
Tennination 16.1 If the Employer falls to pay the Contractor the amount due under any
certificate of the Engineer within 60 days after the expiry of the time
stated in·Sub-Clause 13.7 within which such payment Is to be made
(except for deduction that the Employer is entitled to make undet the
Contract) or if a prolonged suspension affects the whole of the Wor1cs as
desaibed in Sub-Clause 8.10 then the Contractor may terminate his
employment under the Contract by giving notice to the Employer, with a
copy to the Engineer. Such notice shall take affect 14 days after the
giving of the notice.
~7 Risk and Responsibility
Indemnity ~7.1 The Contractor shall indemnify and hold harmless the Employer, the
Engineer, their contractors, agents and employees from and agai~t all
claims, damages, losses and expenses arising out of or resulting :rrom
the Works, including professional sefVices provided by the Contractor.
These Indemnification obligations shall be limited to daims. damages,

losses and expenses which are attributable to bodily injury, sickt;ess,
disease or death, or to injury to or destruction of physical property C<?ther
than the Worb), including consequential loss of use. Such obliga~ons
shall also be limited to the extent that such daims, damages, losses or
expenses are caused in whole or In part by a breach of a duty of ~re.
Imposed by law on the Contractor or anyone directly or indir~cUy
employed by the Contractor.
Co~tor's Care 17.2 The Contractor shall take full responsibility for the care of the Worb
of lhe Works from the Commencement Date until the date of issue of the Hand-Over
CertifiCate, when responsibDity shall pass to the Employer.
The Contractor shall take responsibility for the care of any outsta~ding
work which is required to be completed prior to the expiry of the
Contract Period, until the Engineer conftrms in writing that :such
C68211 BIA/65 June ·2006
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l PART I (A) PART I (A) DESIGN-BUILD
outstanding work has been completed.
It any loss or damage happens to the Works arising from any cause
other than the Employefs risks listed In Sub-Clause 17.3, during the
period for which the Contractor is responsible, the Contractor shall
rectify such loss or damage, at his cost, so that the Wortcs conform with
the Contract. The Contractor shall also be liable for any Joss or damag~
to the WOtl<s caused by any operations canied out by the Contractor
after the date of Issue of the Hand-Over Certificate.
Employer's Risks 17.3 The Employefs risks are:
(a) war, hostilities (whether war be declared or not), invasion, act of

foreign enemies,
(b) rebellion, revolution, insurrection, or military or usurped power, cir

civil war,
(c) ionising radiations or contamination by radioactivity from any

nuclear fuel, or from any nuclear waste from the combustion of
nuclear fuel, radio-aCtive toxic explosive, or other hazardou:s
properties of any explosive nuclear assembly or nuclear component
of such assembly,
(d) pressure waves caused by aircraft or other aerial devices traveiNng

at sonic or supersonic speeds,
(e) riot. commotion or disorder, unless solely restricted to employees of

the Contractor or of his Subcontractor's and arising from the
conduct of the Worl<s,
<n loss or damage due to the use or occupation by the Employer of

any Section or part of the Works, except as may be provided for in
the Contract,
. (g) any operation of the forces of nature, excluding weather conditions,

against which an experienced Contractor could not reasonably
have been expected to take precautions, ·
(h) the permanent use or occupation of land by the Works or any pa·rt
thereof or surface or other damage as aforesaid,
C682/1 BIA/66 June~

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SECTION B CONDITIONS OF CONT~CT
(i) Injuries or damage to persons or property resulting from any aqt or

neglect done or committed during the currency of the contract of
the Employer, Employer Agents, servants or other contractors (not
being employed by the Contractor),and
0) destnJctlon, damage, Injury Of loss of life caused by the explo)ion

or Impact whenever and wherever occurring of any mine, bOmb,
shell, grenade or other projectile, missile, munition Of explos~ of
war shall be deemed to be a consequence of the said Employer
risks.
Consequences of 17.4 The Contractor shall give notice, to the Engineer, of a Employer'S:risk
Employer's Risks upon it being foreseen by, Of becoming known to, the Contractor. If an
Employer's risk results in loss or damage, the Contractor shall re:cuty
such loss or damage to the extent required by the Engineer. If. the
Contractor suffers delay and/or incurs Cost as a result of a Employer's
risk, the Contractor shall give further notice to the Engineer. After
receipt of such further notice the Engineer shall proceed in acoordcince
with Sub-Clause 3.5 to agree or determine:
{a) any extension of time to which the Contractor is entiUed under $ub-
Ciause 8.3, and
(b) the amount of such Cost, Which shall be added to the Con1ract
Price,
and shaD notify the Contractor accordingly.
Contractor's 17.5 The Contractor's risks are all risks other than the Employer's risks fi.sted
Risks in Sub-Clause 17.3.
Limitation of 17.6 The Contractor shall in no event be liable to the Employer, by way of
Uability indemnity or by reason of any breach of the Contract or in toh or
otherwise, for loss of use of any part (or all) of the Design-Build Works
or for loss of production, loss of profit or loss of any contract or for any
indi'ect special or consequenUalloss or damage which may be suf(ered
by the Employer in connection with the Contract. The total liability o.f the
Contractor to the Employer under the Contract shall not exce~ the
Design-Build Contract Price. Except that this Sub-Clause shall notlllmlt
·the liability of the Contractor:
C682/1 BIA/67 June :2006

~----------------------------·-----------------------------------------------------

I (a) under Sub-Clauses 4.19. 4.20, 5.9, and 11.4,
(b) under any other provisions of the Contract which expressly imposi3
a greater liability,
j
(c) In cases of fraud, wilful misconduct or illegal or unlawful acts, or
1 (d) In cases of acts or omissions of the Contractor Ylilich are contrar.y

to the most elementary rules of diligence Ylilich a conscientiou.s
Contractor would have followed in similar cirwmstances.
18 Insurance
Insurance for 18.1 The Contractor shall effect professlonallndemnl1y Insurance, which shall
Design insure the Contractor's liability by reason of professional negligence iii
the design of the Works. Such insurance shall be for a limit of not les:s
than the amount specified in the Appendix to Tender for each and e~~eiy
claim and shall be limited to five claims per year each claim
corresponding to one occurrence.
The Contractor shall use his best endeavours to maintain suc.h

professional indemnity insurance in fuU force and effect throughout the
periods of his llablll1y, under the Contract and under the law of th·e
Country. The Contractor undertakes to give the Employer reasonabl_ e
notice In the event of difficulty (if any) in extending, renewing or
reinstating such insurance.
Insurance for 18.2" The Contractor shall insure the Constfuction Documents, Plan.~
Worksand Materials and Works In the joint names of the Employer, the Contractcir
Contractor's and SUbcontractors, against aJIIoss or damage. This insurance sh~ll
Equipment cover loss or damage from any cause other than the Employer's rlsk:s
listed in Sub-Clause 17.3 sub-paragraphs (a), (b), (c), (d), (e) and <n in
so far as such insurance is readily obtainable. Such·insurance shall b:e
for a limit of not less than the fuU replacement cost Oncluding profit) an:d
shall also cover the costs of demolition and removal of debris. Suc.h
Insurance shall be in such a manner that the Employer and ttie
Contractor are covered from the date by Ylilich the evidence is to b·e
submitted under SutK:Iause 18.5{a), until the date of issue of the HanQ-
Over Certificate for the Worlts. The Conttactor shall extend such
insurance to provide cover until the date of the Performance Certificate ,
for loss or damage for which the Contractor is liable arising from a
cause occurring prior to the Issue of the Hand .OVer Certificate, and for
loss or damage occasioned by the Contractor or Subcontractors in th~
C68211 BIA/68 June2006

course of any other operations {including those under Clauses 11 and

12). The Contractor shall also extend the insurance as required to e~>ver
documents, computer disks, material belonging to the Employer whilst In
the Contractor's custody off-site, additional professional fees attributible
to any loss or damage, underground services, and, If required for any
reason, worK on site other than in normal working hours.
The Contractor shall insure the Contractor's Equipment in the Joint

names of the Employer, the Contractor and Subcontractors, againSt all
loss or damage. This Insurance shall cover loss or damage from any
cause other than the Empl~s risks listed in Sub-Clause 17.3 sub-
paragraphs (a), (b), (c), (d), (e) and (ij in so far as such lnsuran<ie Is
readily obtainable. Such insurance shall be for a limit of not less than
I the ful replacement value (induding delivery to Site). Such insur(mce
l
shall be in such a manner that each Item of equipment is Insured whRe It
Is being transported to the Site and throughout the period It is on or near
the Site.
Insurance against 1:U The Contractor shall insure against liability to third parties, in the joint
Injury to Persons names of the Employer, the Contractor and Subcontractors, for ·any
and Damage to loss, damage, death or bodily Injury which may ocaJr to any phySical
Property property (except things insured under Sub-Clause 18.2) or to any
person (except persons Insured under Sub-Clause 18.4), which may
arise out of the performance of the Contract and oocunfng before the
issue of the Performance Certificate. Such insurance shall be for a limit
of not less than the amount specified in the Appendix to Tender for each
and every claim and shall be unlimited as to the number of claims. :This
policy shall be extended as required to cover damage to adja:CSnt
buildings, not part of the Works, Including foundations or basem~ts.
arising from any excavation, piling, vibrocompaction or like openition
necessary for the execution of the Works.
Insurance for 18.4 The Contractor shall effect and maintain insurance against losses and
Workers claims arising from the death or Injury to any person employed by the
Contractor or any Subcontractor, in such a mamer that the Empl9yer
and the Engineer are indemnified under the poUcy of insurance. For a
Subcontractor's employees, such insurance may be affected by the
Subcontractor, but the Contractor shall be responsible for compliance
with this Clause.
General 18.5 Each insurance policy shall be consistent with the general terms agreed
Requirements for in writing prior to the Effective Date, and such agreement shall take
Insurances precedence over the provisions of this Clause.
c 68211 BIA/69 June2006

r----------------~------------------------------
J

The Contractor shall, within the respective periods stated in the

Appendix to Tender (calculated from the Commencement Date), submit
to the Engineer:
(a) evidence that the insurances described in this Clause have been
effected, and
l (b) copies of the policies for the insurances described in Sub-Clauses

18.2 and 18.3.
When each premium has been paid, the Contractor shall submit copy
receipts to the Engineer. . .
The Contractor shall effect all insurances for which he is responsible

with a Qatari Insurance Company approved by the Employer and in
terms approved by the Engineer. Payments received from insurers shail
be used for the rectification of such loss or damage.
The Contractor {and, if appropriate, the Employer) shall comply with the
conditions stipulated In each of the insurance policies. The Contractor
shall make no material alteration to the terms of any insurance without
the prior approval of the Engineer. If an insurer makes (or purports to
make) any such alteration, the Contractor shall notify the Engineer
I immediately.
If the Contractor fails to effect and keep In force any of the insurances
( required under the Contract, or fails to provide satisfactory evidence,
policies and receipts in accordance with this Sub-Clause, the Engineer
may, without prejudice to any other right or remedy, effect insurance for
the coverage relevant to such default and arrange payment for
r premiums due. SUch payments shall be deducted by the Engineer from
, any monies due, or to become due, to the Contractor.
Nothing in this Clause limits the obligations, liabilities or responsibilities

of the Contractor or the Employer, under the other terms of the Contract
or otherwise. Any amounts not insured or not recovered from tt»
Insurers, including any policy excess or deductible, shall be borne by th"
Contractor and/or the Employer accordingly.
i
Insurers to be 18.6
1
Whereas Clauses 18.1, 18.2, 18.3, and 18.4 hereof require certain
Approved ! insurances to be effected with an insurer approved by the Employer, cr
where any other insurance is required to be effected under the terms of
the Contract, the insurance shall be effected by the Contractor with one
c 68211 BIAno June200&

r------------·----------------~-----
~
\
of the following approved Qatari insurance companies:
l {a) The Qatar Insurance Company .
(b) The Qatar General Insurance and Reinsurance Company
(c) AI·Khaleej Insurance Company
(d) Doha Insurance Company
(e) Any other approved Qatari Insurance company in future
19 Special Risks
Definition of 19.1 In this Clause, "Special Risl( means an event beyond the control o.f the
Special Risks Employer and the Contractor, which makes it impossibl~ or illegal for a
party to perform, Including but not limited to:
{a) war, hostilities (whether war be declared or not), invasion, a;::t of

foreign enemies, mobilisation, requisition, or embargo;
(b) rebellion, revolution, insurrection, or military or usurped power, or

civ~war;
(c) contamination by radio-activity from any nuclear fuel, or from any

nuclear waste from the combustion of nuclear fuel, radio-a:ctive
toxic explosive, or other hazardous properties of any explOsive
nuclear assembly or nuclear component of such assembly; and
(d) riot, commotion or disorder, unless solely restricted to employees of

the Contractor or of his Subcontractor's.
Effect of Special 19.2 Neither the Employer nor the Contractor shalf be considered in d~faun
Risk Event or in contractual breach to the extent that performance of obligations is
prevented by a Special Risk event which arises after the Effective D.ate.
Contractor's 19.3 Upon occurrence of an event considered by the Contractor to constitute

Responsibility a Special Risk and which may affect performance of his obligation$, he
shall promptly notify the Engineer, and shall endeavour to continue to
perform his obligations as far as reasonably practicable. The Con~ctor
shall also notify the Engineer of any proposals, including any reaso~able
c 68211 BIAn1 June·2006
~
I '
PART I (A) PART I (A) DESIGN-BUll~
alternative means for performance, but shall not effect such proposal~
without the consent of the Engineer. '
Employer's 19.4 Upon occurrence of an event considered by the Employer to constitut~

Responsibility a Special Risk and which may affect performance of his obligations, he
shall promptly notify lhe Contractor and lhe Engineer, and shail
endeavour to continue to perform his obligations as far as reasonably
practicable. The Employer shall also notify the Engineer and th'e
Contractor of any proposals, with the objectives of completing the wen's
1
and mitigating any increased costs to the Employer and the Contractor.j
Payment to 19.5 if, in consequence of a SpeciaJ Risk, the Works shall suffer loss or
Contractor damage, the Contractor shall be entilied to have included, in an Interim
Payment Certificate, the Cost of work executed in accordance with th'e
1 Contract. prior to the event of Special Risk. If the Contractor incurS
additional Cost in complying with Sub-Clause 19.3, such Cost shall b'e
determined by the Engineer in accordance with the provisions of Sut\.
Clause 3.5 and shall be added to the Contract Price. !
I
1
Optional 19.~ Irrespective of any extension of time, if a Special Risk event occurs an d
Tennination, 1
its effect continues for a period of 182 days, either the Employer or th'e
Payment and Contractor may give to the other a notice of termination, which shall ta~e
· Release effect 28 days after the giving of the notice. If, at the end of the 28-day
1 period, the effect of the Special Risk continues, the Contract shBII
1 terminate. If the Contract is terminated under this Sub-aause or Suti-
.! Clause 2.3, the Engineer shall determine the value of the work don'e ' I
and: :
(a) the amounts payable for any work carried out for which a price is
.
stated 1n the Contract;
.
I
(b) the Cost of Plant and Materials ordered for the Works which ha~e
been delivered to the Contractor, or of which the Contractor is liable
i
1 I
to accept delivery: such Plant and Materials shall become th e
property of (and be at the risk oO the Employer when paid for by th~ ·j
Employer, and the Contractor shall place the same at llie 1
Employer's disposal;
1
I
(c) any other Cost or liability which in the circumstances ~s
reasonably incurred by the Contractor in the expectation Of
1
completing the Works;
I
I I
C6B211 BIAn2 June2006 II

I j
.!
I
.. .
(d) the reasonable Cost of removal of Temporary Works and

Contractor's Equipment from the Site and the return of such items
to the Contractor's works; and
(e) the reasonable Cost of repatriation of the Contracto~s staff-and

labour employed wholly in connection with the Works at the date of
such termination;
and Issue an Interim Payment Certificate in accordance with Clause:13.
·Reteasefrom 19.7 If under the law of the Contract the Employer and the Contractor are
Perfonnance released from further performance, the sum payable by the Emptoy·er to
under the Law the Contractor shall be the same as would have been payable u:nder
Sub-Clause 19.6 if the Contract had been terminated under that Sub-
Clause.
20 Claims and Disputes
Procedure for (0.1 If the Contractor intends to claim any additional payment under any
Claims Clause of these Conditions or otherwise, the Contractor shall give notice
to the Engineer as soon as possible and in any event within 28 daYs of
the start of the event giving rise to the claim.
The Contractor shall keep such contemporary records as may be

necessary to substanUate any claim, either on the Site or at anOther
location acceptable to the Engineer. Without admitting the Employer's
liability, the Engineer shall, on receipt of such notice, inspect $uch
records and may Instruct the Contractor to keep further contempOrary
records. The Contractor shall permit the Engineer to inspect all such
records, and shall (if Instructed) submit copies to the Engineer.
Within 28 days of such notice, or such other time as may be agree:d by

the Engineer. the Contractor shall send to the Engineer an accoont,
giving detailed particUlars of the amount and basis of the claim. Where
the event giving rise to the claim has a continuing effect. such aceount
shalf be considered as Interim. The Contractor shall then, at such
intervals as the Engineer may reasonably require, send further interim
accounts giving the accumulated amount of the claim and any ftirther
particulars. Where interim accounts are sent to the Engineer, the
Contractor shall send a final account within 28 days of the end of the
c 68211 BIAnl June~2006
.J . . - .. - - · - - - -
r-----------------------------------
PART I (A) PART I (A) DESIGN-BUlL(>
effects resulting from the event
If the Contractor fails to comply with this Sub-Clause, he shall not t»

entitled to additional payment
Payment of 20.2 The Contractor shall be entiUed to have included in any Interim Paymerit
Claims Certificate such amount for any claim as the Engineer considers due. if
the particulars supplied are Insufficient to substantiate the whole of the
claim, the Contractor shall be entiUed to payment for such part of the
claim as has been substantiated.
Disputes: · 20.3 If any dispute or difference shall arise between the Employer or the
Engineer to Senle Engineer and the Contractor In connection with or arising out of the
Contract or the execution of the Works (during the progress of tt143
W011<s before tennination or abandonment of the Contract) It shall In ~
first place be referred to and settled by the Engineer who shall wnhin !1
period of ninety days after being requested by eit~r party to do so give
written notice of his decision to the Employer and the Contractor. Save
as hereinafter provided such decision In respect of every matter sa
referred shall be final and binding upon the Employer and the ContractQr
until the completkxl of the WOft(s and shall forthwith be given effect to
by the Contractor who shall proceed with the Works with all due
diligence whether or not he or the Employer requires to refer such
dispute or difference to the court as hereinafter provided.
Disputes: Failure 20.4 If the Engineer fails to give a written notice of his decision in accordane!3
of Engineer to with Sub-Clause 20.3 within ninety days or If the Employer or the
Settle Contractor has reason to dispute the Engineer's decision then ~
Employer or the Contractor may refer the dispute to the Oata:r
Competent Court of Justice provided that fifteen days written notice ha~
been given to the Engineer of the intention to do so.
Disputes: 20.5 The Contractor may only refer the matter in dispute to the Court up to a
Limitation date not later than six months from the date of issue of the Performance
Certificate, tenninatlon, abandonment or breach of the Contract
whichever is the earlier.
Disputes: Work 20.6 Any such references as aforesaid shall not in any way vitiate nor
not to Cease invalidate the Contract neither shaD it be grounds for the Contractor to
cease work nor for the Employer to terminate the employment of the
Contractor under the Contract and the Contractor shall proceed with the
Wor1<s with all due diligence.
C682/1
~------------------------------------------------
1
~ SECTION B
PART I (A)
Disputes: Law to 2).7 AI such reference as aforesaid shall be governed by the Law of Qatar
Apply and all judicial proceedings shall take place in the State of Qatar.
Disputes: 2-J.8 In the event of litigation between the parties all official legal proceedjngs
Language to within or without the Court relating thereto shall be in the Ar:ablc
Apply language unless th~ Court shall decide othe!Wlse.
l
I
c 682/1 BJAns June2006

Design &amp; Build General CoC (High Contrast)

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Design &amp; Build General CoC (High Contrast)

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Design and Build

Public wlrks Authority

PART I (A) - GENERAL CONDITIONS

1.1 .1.1 "Contracr means these Conditions of Contract (Part_s lA,

1.1.1.2 "Employe~s Requirements' means the description of the

I 1.1.1.3 "Tender" means the Contracto~s priced· offer to the

"Appendix to Tender" means the completed Appendix A

1.1.1.5 "Cootracto~s Proposal" means the preliminary d()sign

1.1.1.7 "Schedule of Payments" means-the Schedule designated

~ 1.1.1.8 'Letter of Acceptance' means the formal w·ritten

c 68211 BIAN Juner2006

titte to such person, but not (except with the consent of

1.1.2.3 "Engineer" means the person appointed by the Employ~r

1.1.2.4 ·contractor's Representative• means the person name:cr

person, but not any assignee of such persol). I

Tender for acceptance by the Employer. I

t the Engineer under Sub-Clause 8.1.

1.1.3.4 "Design-Build Time for Completion• means the tim(} for

"Time for Completion" means the time for completing the

1.1.3.5 "Contract Period" means the aggregate of the time

(a) The Design-Build Works, and

(b) The Operate-Maintain Works,

from the Commencement Date to the date 400 days

1.1.4 Tests and Completion

1.1.4.1 "Tests on Completion" means the tests specified iri the

C682/1 BIA/3 June·2006

1.1.4.2 "Taking-OVer Certificate" means a certificate Issued uncklr

1.1.4.3 "Tests after Completion" means the tests specified in th.e

1.1.4.4 "Design-Build Performance Certiftcate• means the

1.1 .4.5 "Performance Certificate" means the certificate issued by

1.1.4.6 "Hand-Over Certificate• means the certificate issued by th·e

1.1.!i Money and Payments l

1.1.5.4 "Retention Money" means the acct~mulated retention

c 68211 BIA/4 June zoo'&

1.1.5.5 "Provisional Sum· means a sum (lf any) specified in the

1.1.5.6 ·eosr means all expenditure properly incurred (or to be

. 1.1.5.7 •Interim Payment Certificate" means any pay(nent

1.1.5.8 "Design-Build Final Payment Certificate" means the

1.1.5.9 -oesJgrH:Iuld Final Statemenr means the agteed

1.1.6 Other Definitions

1.1.6.1 •Construction Documents• means all drawjngs,

1.1.6.2 "Variation• means any a~eration and/or modification to

"Design-Build Works" means the Permanent Works. and

C68211 BIA/5 June·2006

SECTION B CONDITIONS OF CONTRAC·T

the Temporary Works or either of them as appropriate.

"Operate-Maintain Works" means all operational and

1.1.6.4 ~Permanent Works" means the permanent works to. be

1.1.6.5 "Temporary Works" means all temporary works,

1.1.6.6 "Plant" means machinery and apparatus intended to fon'n

1.1.6.8 "Contractor's Equipment • means all machinery,

1.1.6.9 "Section• means a part of the Works specifically define:d

1.1.6.10 "Site" means the places provided by the Employer where

C68211 BIA/6 June zoQ6

Materials are to be delivered, and any other places as

1.1.6.11 ·countr1 m·eans the State of Qatar.

1.1.6.f 2 "Essential Hired Contractofs Equipment" shan mean all

1.1.6.13 "Hired Contractor's Equipment" shall mean any

1.1 .6.14 "Agreement for hire• shall be deemed not to Include an

1.1.6.15 "Hire Purchase Contractor's Equipment" shall mean any

C68211 BIAn June 2006

SECTIONB CONDITIONS OF CONTRACT

(a) The Contract Agreement;

Design & Build General CoC (High Contrast)

Design & Build General CoC (High Contrast)

- . . ·· ···-· - · ... _ ..J _ _ _ _ ____,_

. ·-·· ·· ·· ·· ·· _ __]

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