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    Sia Contracts 2016 Without Quantities

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    Sia Contracts 2016 Without Quantities

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    SIA CONTRACTS 2016 WITHOUT QUANTITIES

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    Sia Contracts 2016 Without Quantities

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    = SINGAPORE INSTITUTE OF ARCHITECTS SIA BUILDING CONTRACT 2016 Without Quantities 1° Edition Published by the Singapore Institute of Architects ‘No part of this contract form may be reproduced or copied in any form or by any means without the prior written permission of the publisher. sect © Copyright Reserved By the Singapore Institute of Architects Fist Ealtion November 2016 | SIA Building Contact 2016 Without Quantities, Edkion SIA BUILDING CONTRACT 2016 Without Quantities INDEX OF ARTICLES ARTICLE 1 10. 11 12 13 CONTRACTOR'S OBLIGATIONS ‘TYPE OF CONTRACT ARCHITECT QUANTITY SURVEYOR CONSULTANTS EMPLOYER'S REPRESENTATIVE CONTRACTOR'S REPRESENTATIVE PRICES TO BE INCLUSIVE CONTRACT DOCUMENTS INTERPRETATION AND CONSTRUCTION OF CONTRACT DOCUMENTS ASSIGNS APPLICABLE LAW APPROPRIATE FORUM ©Copyright by SA PAGE SIA Building Comat 2016 Without Quantities," Editon INDEX OF CLAUSES CLAUSE 1 6 ARCHITECT'S DIRECTIONS AND INSTRUCTIONS 4(1)la) Contractor's Obligations 1(1)(0) Principal Directions, 1(4)(c) Principal Instructions, 4(2) Written and Verbal Directions and Instructions 1(8) Definition of “Architect's Direction” and "Architect's Instruction” 4(4) Classification by Architect not Binding 105) No Duty on Architect 1(6) Remedy on Non-Compliance by Contractor 17) Compensation to Contractor METHODS OF WORKING AND TEMPORARY WORKS. 21) Contractor's Principal Responsibility 2(2) Architect's Power to Order Change 2(3) Indemnity to Contractor DESIGN AND COMPLETION RESPONSIBILITIES 3(1) Responsibilities 3(2) Information for Original Contract Work 3(3) Information for Varied Work 3(4) Submittals 35) Care of the Works 3(6) Completion Definition PROGRAMME a(t) Submission of Programme 4(2) Approval 4(3) Disapproval MAKE-UP OF CONTRACTOR'S PRICES S(t) Rates and Prices 512) Preliminary Items, Ete. 513) Enforcement ADMINISTRATION elt) ‘Method of Communication 62) Address for Notices, Etc. 63) Contractor's Representative 614) Dismissal of Persons Employed 65) Copies of Documents 6(6) Copies of Drawings, Etc 87) Documents on Site 6(8) Return of Documents 6(9) Restrictions on Use (10) Validity of Notice or Certificate © Copyright by SHA PAGE eeeennata OY SN Nem 2 oommnn a aan SIA Building Contract 2016 Without Quatties,1* Baiion CLAUSE 10. 1". 12. 13, 14, STATUTORY OBLIGATIONS 71) By-Laws and Regulations 72) Variations 7@) Fees and Charges SETTING OUT AND LEVELLING PROPOSAL a(t) Setting Out and Levelling Proposal (2) Commencement of Work (3) Errors Arising from Setting Out ACCESS FOR ARCHITECT, QUANTITY SURVEYOR AND CONSULTATNTS. (1) ‘Access for Architect, Quantity Surveyor and Consultants POSSESSION OF SITE AND COMMENCEMENT OF WORK 1011) Site Possession 10(2) Time of Commencement MATERIALS, GOODS AND WORKMANSHIP 110) Quality 41(2) Investigation of Defects 11(3) Removal of Defective Work or Reduction of Value 114) Variations Due to Defective Work 116) No Duty of Architect or Employer VARIATIONS AND VALUATION OF ADDITIONAL PAYMENTS: 12(1) Power to Order and Subsequent Sanction 12(2) Definition of Variation 12(3) Measurement of Variations 12(4) Valuation of Variations 12(6) Payment of Variations 12(6) Loss of Profit in Valuation CONTRACT SUM AND SCHEDULE OF RATES AND PRICES 13(1) Al Inclusive Nature 13(2) Contractual Effect of Schedule of Works DISCREPANCY OR DIVERGENCE 44(1) Discrepancy or Divergence 14(2) Direction or Instruction as Contract Intention 14(3) Total Ambiguity ‘©Copyright by SIA PAGE 9 9 10 10 10 40 " 4 nT " " 4 12 12 12 12 13 13 13 14 14 14 15 15 7 18 19 19 19 ‘SIA Building Consact 2016 Without Quansies, "ation CLAUSE 15. 16. 7. 18. 19. 20. 21. 22, ASSIGNMENT AND SUB-CONTRACTING 15(1) Assignment by Contractor 15(2) Sub-Contractors 15(3) Responsibilities for Sub-Contractors PLANT AND MATERIALS 16(1) Plant 16(2) Materials and Goods 16(3) Removal 16/4) Hired or Hire Purchase Plant 16(5) ‘Assignment of Benefit of Agreements ARTISTS, TRADESMEN AND OTHER CONTRACTORS 171) Contractor's Responsibilities 417(2) Limitation 1718) Employer's Responsibility 17/4) Term of Co-Operation INDEMNITIES TO EMPLOYER 18(1) Personal Injuries 18/2) Damage to Property 18(3) Employer's Negligence INSURANCE AGAINST INJURY TO PERSONS AND PROPERTY AND WORK INJURY COMPENSATION 19(1)(2) Contractor's Obligation 49(1)(b) Personal Injuries, Death and Work Injury Compensation 19(1)(0) Damage to Property 19(1)(¢) Insurance Policy by Sub-Contractor 19(2)(a) Damage to Property when Contractor not Negligent 19(2\(b) Contractor's Insurance 19(2)(¢) Placing of insurance 19(3) Default in Insurance INSURANCE OF WORKS 20(1) Risks to be Insured 20(2) General Policy of Insurance 20(3) Application of Insurance Monies DUE DILIGENCE BY CONTRACTOR 2i(1) Due Diligence by Contractor TIME FOR COMPLETION 22(1) Date of Completion 222) Completion Certification © Copyright by IA, PAGE 26 26 26 26 SIA Building Contact 2016 Without Quanies, 1" Bition CLAUSE 223) Periods to be Certified 22(4) Post Certificate 2215) Outstanding Works 22(6) Content in Completion Certificate 23, _ EXTENSION OF TIME 23(1) Entitlement 23(2) Grounds 23(3) Notice 23(4) Request for Information 23(5) Time for Extension 23(6) Sequential and Concurrent Causes of Delay 24, DELAY IN COMPLETION AND LIQUIDATED DAMAGES 25. 26. 27. 24(1) Delay Certificate 24(2) Liquidated Damages 24(3) Termination of Delay Certificate 24(4) Effect of Further Delay Certificate PHASED OR STAGE COMPLETION: SEVERABILITY 25(1) Phased or Stage Commencement and Completion 25(2) ‘Separate and Distinct Contract PARTIAL OCCUPATION AND PARTIAL RE-ENTRY 26(1) Employer's Options 26(2) ‘Occupation of Part with Consent 26(3) Occupation of Part without Consent 28(4) Certification 28(5) Certification under Partial Re-Entry MAINTENANCE 271) Maintenance Period 27(2) ‘Schedule of Detects 27(3) ‘Additional Powers of Architect and Allowance for Defect 27(4) Maintenance Cerificate DESIGNATED AND NOMINATED SUB-CONTRACTORS AND SUPPLIERS 281) Definitions 28(2) Scope of Work 28(3) Responsibilities 28(4) Termination of Sub-Contract 28(5) Payment for Work by Contractor under Provisional and Contingeney Sum 28(6) Payment for Work by Nominated Sub-Contractors or Suppliers 28(7) Payment for Work by Designated Sub-Contractors or Suppliers 28(8) Interim Payment © Copyright by SIA PAGE a7 27 7 27 28 28 28 29 29 30 30 30 30 30 at 32 32 32 32 32 34 34 35 36 SIA Building Certac 2016 Without Quantities,” Edition CLAUSE 28. 30. 31. 32, 33. NOMINATION AND RIGHTS OF OBJECTION 29(1) Nomination and Rights of Objection 29(2) Rights of Objections to Nomination 29(3)(2) Powers following Objection 29(3)(b) Alternative for Objection to Nomination 29(4) Valid Objection Defined PAYMENT OF NOMINATED SUB-CONTRACTORS AND SUPPLIERS 30(1) Payment of Nominated Sub-Contractors and Suppliers PAYMENT OF CONTRACTOR AND INTERIM CERTIFICATES. 3i(1) Contractual Payment Scheme 31(2) Interim Valuation 31(3) Milestone instalments 31(4) Correcting Earlier Certificates 315) ‘Sums to be Certified 3166) Retention Monies 31(7) First Release of Retention Monies 31(8) Second Release of Retention Monies 31(9) Final Account Claim 31(10) Issue of the Final Certificate 3i(11) Erfect of Architect's Certificate 31(12) Limit on Certifying Power ‘TERMINATION BY EMPLOYER 32(1) Termination without Default 82(2) Termination for Default 32(3) Grounds of Termination for Default 32(4) Termination Cerificate 22(5) Damages Contractor's Only Remedy 32(8) Suspension of Termination Certificate 32(7) Termination on Insolvency of Contractor 32(8) Etfects of Termination 32(9) Employer may Elect to Abandon Project 32(10) Powers on Rescission by Employer 32(11) ‘Architect's Certificate Not Binding 32(12) Employer's Right to Remedies and Damages TERMINATION AND SUSPENSION BY CONTRACTOR 33(1) Grounds 83(2) Contents of and Time for Contractor's Notice 23(3) Eifect of Notice 33(4) Power to Suspend Work 83(6) No Power of Architect to Certity OUTBREAK OF WAR OR HOSTILITIES 34(1) Termination 34(2) Protective Works, Ete, 34(3) Payment © Copyright by SIA PAGE 4“ 42 42 43 44 44 45 45 45 46 46 46 55 55 55 57 57 57 58 SIA Building Contac 2016 Without Quatties, I" Eaton CLAUSE 36. 36 37. 38. 39. 40. a. 42, WAR DAMAGE, 35(1) Consequences 35(2) Termination 35(3) ‘Compensation Monies 35(4) Definition of War Damage ANTIQUITIES 36(1) Responsibilities of Contractor 36(2) ‘Compensation to Contractor ARBITRATION 37(1) Disputes to be Referred 37(2) Arbitrator’s Power to Rectify Contract 37(3) Restrictions on Powers of Arbitrator 37(4) Arbitrator to be bound 37(5) Same Arbitrator as Nominated Sub-Contract Disputes. 37(6) Arbitration Clause may Lapse if not Same Arbitrator 37(7) Limitation of Actions 37(8) Refusal of Stay by Courts 37(9) Application of Clauses 37(5) and 37(6) to Matters in Dispute MEDIATION 38(1) Entitlement 38(2) Refer to Arbitration EXPERT DETERMINATION 39(1) Expert Determination STATUTORY ADJUDICATION UNDER SOP ACT 40(1) Timelines 40(2) Payment Claim 40(3) Payment Response 40(4) ‘Amount Claimable 40(5) Due Date OPTIONAL CLAUSE FOR FLUCTUATIONS ant) Application 4112) ‘Adjustment of the Contract Sum 41(8) Payment for Fluctuation OPTIONAL CLAUSE FOR PERMITTING INSURANCE EXCESS 421) Application 42(2) Compliance and Discretion 42(3) Release of Insurance Money © Copysight by SIA PAGE 60 60 61 61 61 62 63 64 64 SUA Building Corot 2016 Without Quantes, 1" Eon CLAUSE PAGE APPENDIX 68 © Copyright by SIA vii SIA Building Contact 2016 Without Quantities, ("Edition ARTICLES OF AGREEMENT ‘THIS CONTRACT is made the day of. between... ( Employer") and sess of. NOW IT IS AGREED AS FOLLOWS: 1. CONTRACTOR'S OBLIGATIONS ‘The Contractor agrees with the Employer to carry out, bring to completion, and maintain for the Employer the building and other works comprising the original scope of works which, together with such Variations as may be required by the Architect and all temporary works needed to construct the permanent works ("Works") in all respects in accordance with the descriptions in the Contract Documents identified in Article 9 for the price of Singapore Dollars -.....-. (bees tases 5 se: only) (“Contract Sunt") ‘or such other sum as may become due under the provisions of this Contract, 2 TYPE OF CONTRACT 20) ‘This shall be a lump sum contract and the price shall not be subject to measurement or recalculation if the actual quantities of work and materials shall differ from any estimates available at the time of contracting. The Contract Sum may only be varied under this contract by: (a) an increase or decrease in the value of Variations; or © Copyrish by SIA } 202) @ ) 20) @ ©) © 3. 3c) 32) 30) @ Oy 3) @ ) SUA Building Coma 2016 Without Quantities, !* Eaton adjustments made under clause 28(5). “Schedule of Rates and Prices” wherever used in this Contract shall mean: 4 Schedule of Rates and Prices that shall be incorporated in the Contract Documents; or subject to (a) above, a Schedule of Rates and Prices which shall have been signed by the Employer and Contractor and Submitted tothe Arebitect. Interim payment by periodic valuation shall be applicable unless otherwise agreed by the patties. In this Article, interim payment shall be by periodic valuation of the Works in accordance with clause 31(1), 31(2) and the Appendix. If parties otherwise agree that interim payment shall be by fixed instalments of the Contract Sum payable on achievement of defined milestones of the Works, interim payment shall be in accordance with clause 31(3) and the Appendix or other Contract Documents. Parties shall indicate their agreement in the Appendix or other Contract Documents ARCHITECT ‘The term “Architect” in this Contract shall mean of the firm, ‘The Architect shall be registered in Singapore and a member of the Singapore Institute of Architects (SIA). The Architect shall provide all architectural design services and administrative control of the services provided by the Consultants for the completion of the Works. ‘The Architect shall, have the Works designed and the Contract Documents prepared: (by himself and for the purpose of this Contract, the masculine gender shall be read as reference to both gender; andlor (ii) uncer his administrative control on behalf of the Employer; and have the supervision of the Works carried out (under himself; andlor (by Consultants under his administrative control on behalf ofthe Employer; and/or Gil) by Clerk-of Works. In the event that the employment of the Architect shall be terminated for any reason: @ the Employer shall forthwith appoint an architect in his place for the purposes of this Contract; and Gi)__no successor architect shall be bound by the previous opinions, decisions, valuations or certificates of his predecessor (other than any Delay, Termination of Delay or Further Delay Certificates) should later information or evidence shall reasonably require ‘modification of such earlier opinions, decisions, valuations or certificates. the Contractor shall be entitled to apply to the President or Vice-President of the SIA to nominate an architect for the Employer to appoint under Article 3(4)(a): © Copyright by Sia 4a) 4Q) 4@) © @ © @ o) SIA Building Contract 2016 Without Quantities, 1 Eaton (@ if the Employer shall fail to appoint a successor architect on receipt of reasonable notice by the Contractor; or (ii) if'the Contractor shall object to the appointment on any reasonable grounds; ‘on the said application of the Contractor, the President or Vice-President of the SIA, may nominate an architect whom the Employer shall engage to complete the administration of the contract, and in ‘accordance with such terms as to remuneration as the President or Vice-President may fix, only: (@ ifthe shall be satisfied in either case that a new or different architect, as the case may be, should be appointed; and Gi) that there shall have been no unreasonable delay by the Contractor in making the application; the President or Vice-President of the SIA’s nomination and decision in all such matters shall be final and conclusive; and if the Employer shall fail or refuse to engage an architect nominated by the President or Viee- President of the SIA under this Article, the Contractor may, after giving 14 days’ written notice to tte Employer, terminate this Contract as provided for in clause 33. QUANTITY SURVEYOR ‘The term “Quantity Surveyor” in this Contract shall mean of the firm, ‘The Quantity Surveyor shall be a professionally qualified quantity surveyor. The Quamtity Surveyor shall assist the Architect in all matters of valuation or measurement under the terms of Contract. If no Quantity Surveyor shall be named in this Article, the functions of the Quantity Surveyor shall be carried out by the Architect. In the event that the employment of the named Quantity Surveyor shall be terminated for any reason: the Employer shall forthwith appoint a suitable person to replace the Quantity Surveyor for the purposes of this Contract; and the provisions of Article 3 in regard to the Contractor's right of reasonable objection to an appointment and the power of nomination by the President and Vice-President of the SIA, failing such appointment or agreement on 2 new quantity surveyor, shall apply mutatis mutandis; should the Employer fail or refuse to engage a suitable person to replace the Quantity Surveyor nominated by the President or Vice-President of the SIA under this Article, the Contractor may, after giving 14 days’ written notice to the Employer, terminate this Contract as provided for in clause 33, (© Copyright by SIA 5 sa) 52) 6. 0) 602) 63) 6a) 70) 70) 704) @) ) © @ ) @ &) (a) ) ‘SIA Building Contact 2016 Without Quantities, I" Edition CONSULTANTS Consultants may be retained by the Employer by written contracts for services related to this Contract. The Consultants shall be identified in the Appendix. ‘The Consultants shall be registered practitioners, where the law shall require, or professionally qualified in the field for which their services shall be required under the Contract ‘The primary scope of the Consultants’ duty shall be to assist the Architect in all matters relating to

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