CONSTRUCTION OF COMMERCIAL PROJECT " LINK KOMAL" AT LINKING ROAD

BANDRA MUMBAI

GENERAL CONDITIONS OF CONTRACT

1 General Provisions
1.1. Definitions
1.2. Interpretation
1.3. Errors, Omissions and Descriptions
1.4. Erasures or Alterations
1.5. Clarification of Ambiguities
1.6. Confidentiality Clause
1.7 Law & Language
1.8 Mode of communication
1.9 Notice, consents, approvals, certificates & determinations
1.10 Instructions in writing
1.11 Priority of documents
1.12 Assignment of contracts
1.13 Letter of intent
1.14 Contact agreement/Work order
1.15 Documentation
1.16 Employers use of contractor’s documents
1.17 Contractors use of Employers documents
1.18 publicity
1.19. Compliance with Statutes and Regulations
1.20. Joint and Several Liability
2. The Employer
2.1. Employer’s Responsibilities
2.2. Duties and Authority of the Employer’s Representative
2.3. Employer’s Representative at Liberty to Object
3. The Contractor
3.1. Contractor’s General Obligations
3.2. Meetings
3.3. Name Boards
3.4. Report
3.5. Adequacy of Contractor’s Resources
3.6. Works to be in Accordance with Contract
3.7. Contractor’s Representative
3.8. Subcontracting
3.9. Subcontractors
3.10. Opportunities for other Contractors
3.11. Other Specialized Contractors
3.12. Safety Precautions
3.13. Safety Breach
3.14. Inspection of Site
3.15. Sufficiency of Tender
3.16. Statutory Approvals for Temporary works
3.17. Temporary Facilities
3.18. Temporary Structures at site
3.19. Permanent Works Designed by Contractor
3.20. Responsibility Unaffected by Approval
3.21. Interference with Traffic and Adjoining Properties
3.22. Prevention of Pollution
3.23. Effects of Weather
3.24. Discharge of Water into existing Watercourse
3.25. Environmental Precautions
 3.26. Security and Protection of the Environment
3.27. Fossils
4. Nominated Subcontractor/Vendor(s)
4.1. Nominated Subcontractor/Vendor(s)
4.2. Payments to Nominated Subcontractor
4.3. Observance by Sub-Contractors
4.4. Preferred Sub-contractor/Vendor(s)
4.5. Coordination with other Contractors
5. Staff and Labour
5.1. Engagement of Staff and Labour
5.2. Fair Wages
5.3. Persons in Service of Employer
5.4. Restriction on Working Hours
5.5. Accidents
5.6. Epidemics
5.7. Contractor’s Superintendence
5.8. Contractor’s personnel
5.9. Identification Badges
5.10. Disorderly Conduct
5.11. Festivals & Religious Customs
5.12. Illegal Migrants
5.13. Reimbursable Travel Expenses
6. Scope of Work
6.1. Contractor’s Equipment, Temporary Works and Materials
6.2. Employer not Liable for Damage of Contractor’s Equipment
6.3. Contractor’s Equipment Watch and Ward
6.4. Conditions of Hire of Contractors Equipment
6.5. Incorporation of Equipment’s Clause in Sub Contracts
6.6. Materials by Contractor
6.7. Deleted
6.8. Performance Guarantee
6.9. Mobilization Advance
6.10. Monthly Statement
6.11. Adherence to Statutory Tax Payments
6.12. Retention & Defect Liability Period
6.13. Contra Charges
6.14. Site to be kept tidy
6.15. Safe Custody
6.16. Mobilization of Contractor’s Plants, Equipment’s, Personnel etc.
6.17. Transportation/Loading/Unloading/Handling/Storage of Materials
6.18. Delivery of Materials & Equipment
6.19. Free Supply (FS):
6.20. Descope Penalty
7. Drawings
7.1. Adherence to Drawings & Specifications
7.2. Custody and Supply of Drawings and Documents
7.3. One Copy of drawing to be kept on Site
7.4. Notification of Future Design and Drawings
7.5. Contractor to Check Drawings
7.6. Contractors Shop Drawings
7.7. Scaling of Drawings
 7.8. As Built Drawings
7.9. Supplementary Drawings and Instructions
8. Plant, Material and Workmanship
8.1. Plant and Equipment
8.2. Identification tags for Materials
8.3. Quality of Materials & Workmanship & Test
8.4. Site Operations and Method of Construction
8.5. Approval of Samples, Benchmarks & Mockups
8.6. Cost of Samples
8.7. Independent Inspection
8.8. Dates for Inspection and Testing
8.9. Inspection of Operations
8.10. Examination of Work before covering up
8.11. Uncovering and Making Openings
8.12. Works to be opened for Inspections
8.13. Inspection and Testing
8.14. Re-inspection and Re-testing
8.15. Cost of Tests
8.16. Cost of Tests not provided for
8.17. Facilities for Testing at Contractor’s/sub-contractor’s premises
8.18. Tests on Completion
8.19. Certificate of Testing
8.20. Inspection Reports
8.21. Rejection
8.22. Default of Contractor in Compliance
8.23. Removal of Improper Work, Material or Plant
8.24. Urgent Remedial Works
8.25. Royalty, Surface Rent and any Penalty thereof
8.26. Usage of Contractor’s equipment after completion of work
9. Commencement, Delays and Extension
9.1. Commencement of Works
9.2. Possession of Site and Access
9.3. Time for Completion and Tenure
9.4. Programme to be submitted
9.5. Delays in Commencement
9.6. Rate of Progress
9.7. Revised/Recovery Programme
9.8. Delay and Extensions
9.9. Suspension
9.10. Contractors Entitlement to Suspended work
9.11. Idling Charges
9.12. Resumption of Work

10. Employer’s Taking-Over

10.1. Taking Over Certificate
10.2. Final Completion Certificate
10.3. Demobilizing Period
10.4. Clearance of Site on Completion
10.5. Completion of outstanding works and remedying defects
11. Defects Liability
11.1. Defects Liability Period
 11.2. Further Tests
11.3. Approval of Works
11.4. Defect Liability Certificate
11.5. Unfulfilled Obligations
12. Measurement and Evaluation
12.1. Works to be measured
12.2. Mode and Record of Measurement
13. Variation and Adjustment
13.1. Variation and Extra Items
13.2. Instruction for Variations
14. Termination
14.1. Default of Contractor
14.2. Misdemeanour on part of the Contractor
14.3. Termination
14.4. Valuation at date of Termination
14.5. Payment of Termination
14.6. Determination of Contract
14.7. Compliance with Employer’s Representative Direction on Determination
14.8. Default of Employer
14.9. Removal of Contractor’s Equipment
15. Risk and Responsibility
15.1. Indemnity
15.2. Care of Works
15.3. Force majeure
15.4. Software
15.5. Intellectual Property Rights
16. Insurance
17. Claims, Disputes and Arbitration
17.1. Notice of Claims
17.2. Contemporary Records
17.3. Substantiation of Claims
17.4. Payment of Claims
17.5. Employer’s Representative Decision on Settlement of Disputes and Differences
17.6. Arbitration
17.7. Failure to Comply
17.8. Notice to the Contractor
17.9. Notice to the Employer
17.10. Notice to the Employer’s Representative
17.11. Assignment
17.12. Employment Opportunities to Employer Associates
17.13. Representations and Warranties of the Contractor
17.14. Transparency and Ethics
1 General Provisions
1.1. Definitions
In the Contract (as hereinafter defined) the following words and expressions shall have
the same meaning assigned to them, except where the context otherwise requires:
1) Appendix to Contract Agreement means the additional documents and/or exhibits
or any other document attached to the Contract Agreement and defined as such.
2) Architect means the firm nominated by the Employer for designing the works
and designated as such by the Employer.
3) Bill of Quantities means the priced and completed bill of quantities of items, all
sundry/miscellaneous materials & rates as finally included and accepted by the
tenderer/Employer forming part of the tender and the Contract.
4) Commencement Date means the date as specified in Clause 9.1 [Commencement
of Works].
5) Contract Agreement means a legally binding agreement between Employer and
the Contractor in connection with the Works.
6) Contract means the Agreement and/or Work Order entered into between the
Employer and the Contractor as specified in the conditions, including but not
limited to the specifications, the Drawings, the Bill of Quantities, the Tender,
addendums and relevant correspondence issued to contractor from receipt of
Tender documents to award of Work, the Letter of Intent and such further
documents as may be expressly incorporated in the Letter of Intent or Contract
Agreement, and/or any amendments thereto.
7) Contract Price means the sum stated in the Contract as payable to the Contractor
for the execution and completion of the Works to the satisfaction of the
Employer in accordance with the provisions of the Contract subject to such
additions thereto or deductions there from as may be made under the provisions
contained in the Contract, including cost of main materials/sundry/miscellaneous
materials labour, supervision, transport, handling charges, all duties levies
surcharges, prelims, overheads and profit margins and all incidental cost .
8) Contractor means a company registered under the Companies Act 1956 or other
entity as the case may be, who has been employed by the Employer to conduct
the Works under the Contract and includes its successors in title.
9) Contractors Equipment includes all major/minor tools and tackles and things of
whatsoever nature (other than Temporary Works) required for execution and
completion of the Works and the remedying of any defects therein, but does not
include materials or other things intended to form or forming part of the
Permanent Works.
10) Cost means all expenses properly incurred or to be incurred, whether on or off
the Site, including overhead and all other charges properly allocable thereto
supported by documents but does not include any profit.
11) Day means a calendar day.
12) Disruption/s shall mean and include all stoppages of work caused by temporary
suspensions of work duration one day or more caused due to power failure,
shortage of labour, want of drawings, want of decisions, unprecedented climatic
conditions stopping all work, or any of the force majeure conditions.
13) Drawing means all drawings, calculations and technical information of a like
nature provided and/or approved by the Employer's Representative/Structural
Consultant/Architect/MEP Consultant and referred to in the specifications and
any modification of such drawings and such other drawings as may be issued by
the Employer's Representative/Structural Consultant/Architect/MEP Consultant
to the Contractor under the Contract from time to time.
14) Employer means a company registered under the Companies Act 1956, as
detailed in the Instruction to tender.
15) Employer's Representative means the persons appointed by the Employer to act
as or on behalf of the Employer for the purpose of the Contract.
16) Letter of Intent means the expression of intent to award the Works by the
Employer of based on the Contractor’s priced Tender (including any deviations
or changes agreed to in writing) and instructing the Contractor to mobilize and
commence the work.
17) Maintain means the upkeep, protection and rectification of defects as defined and
the words 'Maintenance' and 'Maintaining' shall be construed accordingly.
18) Materials mean the materials, apparatus, equipment’s, fittings, fixtures and all
such other material which are incorporated in the Permanent Work.
19) MEP Consultant means the firm nominated by the Employer for designing the
MEP works and designated as such by the Employer.
20) Period of Maintenance or Defect Liability Period (DLP) shall mean the period as
agreed between the Employer and the Contractor in writing calculated from the
date of issuance of the Taking over Certificate by the Employer's Representative.
21) Permanent Works means the works to be executed in accordance with the
Contract (including Plant and/Contractor's Equipment as required) as defined in
the Bill of Quantities, including any works required to be done in order to fulfil
the definition of the Works as in the Bill of Quantities.
22) Plant means machinery, apparatus and the like intended to form or forming part
of the Permanent Works.
23) Retention Money means the aggregate of all monies retained or required to be
retained by the Employer.
24) Section means a part of the Works specifically identified in the Contract as
forming part of the Site.
25) Site Establishment means the Works, the Materials, the Plant, Contractors
Equipment, unfixed materials and goods delivered to place on or adjacent to the
Works and intended therefore.
26) Site means the place/places where the Works are to be executed including any
building and erections thereon and any other land (inclusive) as aforesaid
allocated and to which the plant, equipment and materials are to be delivered and
any other places as may be specifically designated by the Employer as forming
part of the Site.
27) Specification means the Specification of the Works included in the Contract
including relevant specification where so required and where such specification
is not available, the specification approved by the Employer's Representative and
any modification thereof or addition thereto made under GCC Clause 13
 [Variation and Adjustment] or submitted by the Contractor and approved by the
Employer's Representative in writing.
28) Structural Consultant means the firm nominated by the Employer for designing
the structure and designated as such by the Employer.
29) Submitted Tender or Priced Tender means the Contractors’ priced bid to the
Employer for the execution and completion of Works.
30) Taking-Over Certificate means a certificate issued pursuant to GCC Clause 10.1
[Taking-Over Certificate]
31) Temporary Works means works of every kind required to be executed and/or to
be designed in order for completing the execution and completion of the Works
and the remedying of any defects therein, but which does not form part of the
Permanent Works as defined.
32) Tests on Completion means the tests specified in the Contract or otherwise
agreed by the Employer and the Contractor which are to be carried out by the
Contractor before the Works or any Section or part thereof are taken over by the
Employer.
33) Time for Completion means the time for completing the execution of and passing
the Tests of the Works in full under the scope entrusted to the Contractor, or as
extended in writing under the Contract and calculated from the Commencement
Date.
34) Urgent Works means any urgent works, which in the opinion of the Employer's
Representative, becomes necessary at the time of execution and/or during the
progress of work to obviate the risk of accident or failure or to obviate any risk of
damage to the structure or services or required to accelerate the progress of work
or which becomes necessary for safety and security or for any other reason, as
the Employer's Representative may find it necessary.
35) Works means the Permanent Works and/or the Temporary Works including the
protection as appropriate, to be executed in accordance with the Contract and
includes materials, apparatus, equipment’s, fittings, temporary supports and
things of all kinds to be provided, in order to fulfil the obligations of the
Contractor hereunder and any such other works to be done by the Contractor
under the Contract and including the remedying of defects.
For terms that are not defined in the above section, the meanings for the same may be as
reasonably inferred from the usage of the term in the relevant clause.
1.2. Interpretation
1) In the Contract, except where the context requires otherwise:
a) words indicating one gender include all genders;
b) words indicating the singular also include the plural and words indicating
the plural also include the singular;
 c) provisions including the word “agree”, “agreed” or “agreement” require
the agreement to be recorded in writing, and
d) “Written” or “in writing” means hand written, type written, printed or
electronically made, and resulting in a permanent record.
2) The marginal words and other headings shall not be taken into consideration in
the interpretation of these conditions.
3) The Contractor shall be deemed to have satisfied himself before tendering as to
the correctness and sufficiency of his tender for the Works and of the rates and
prices quoted, which rates and prices shall, except as otherwise provided, cover
all his obligations under the Contract and all matters and things necessary for the
proper completion and maintenance of the Works.
1.3. Errors, Omissions and Descriptions
1) In case of errors, omissions, discrepancy and/or disagreement between written
and scaled dimensions on the drawings or between the drawings etc., the
following order of precedence shall apply: -
a) Between scaled and written dimension (or description) on a drawing, the
latter shall be adopted.
b) Between the written or shown description and dimensions in the
drawings and the corresponding one in the specification, the former shall
be taken as correct.
c) Between the written description of the item in the specifications and
descriptions in the Bill of quantities of the same item, the former shall be
adopted.
d) Between specifications and drawings, the latter shall prevail.
2) In case of difference between the totals written in figures and words, the totals of
words shall prevail.
3) Between the duplicate/Subsequent copies of the tender and original tender, the
original tender shall be taken as correct.
4) In all cases of omissions and/or doubts or discrepancies in any of the items,
documents or specifications, a reference shall be made to the Employer’s
Representative whose elucidation; elaboration; elaboration or decision in writing
shall be considered as authentic and final and binding on the Contractor. The
Contractor shall be held responsible and liable for any error that may occur in the
Work through lack of such reference and precaution.
5) Any error in description, quantity or rate or any omission there from shall not
vitiate the Contract or release the Contractor from the execution of the whole or
any part of the Works comprised therein or from any of his obligations under the
Contract.
1.4. Erasures or Alterations
 The Tender Offer shall contain no interlineations, erasures or overwriting except as
necessary to correct errors made by the Employer, in which case such corrections shall be
initialled by the person or persons signing the offer. Offers containing erasures or
alterations will not be considered. There should be no hand-written material, corrections
or alterations in the offer. Technical details must be completely filled up. Filling up of the
Technical Detail Form using terms such as “OK”, “accepted”, “noted”, “as given in
brochure/manual” is not acceptable.
1.5. Clarification of Ambiguities
Any clarification required or ambiguity in details or measurement noticed by the
Contractor as far as the drawings are concerned, shall be brought to the notice of the
Architect/Employer’s Representative to get the matter resolved before commencement of
work.
1.6. Confidentiality Clause
Notwithstanding any other provision of the Contract or the terms hereof, except with the
prior written consent of the Employer, the Contractor and their Representatives shall not
any time communicate, either orally or in writing to any person or entity any confidential
information disclosed to them for the purpose of the services. Further, the Contractor or
his representative shall not publicize any information pertaining to the Employer which is
discussed with them during the course of execution of work in the interest of project
completion. The Contractor shall take all necessary steps to ensure confidential handling
of all the matters pertaining to planning, designs, drawings, the specifications, methods
and any other information acquired or developed by the contractor/consultants by means
of this work or from the performance thereof. Except with the prior written consent of the
Employer, the Contractor shall also not divulge to third parties/unauthorized persons any
information regarding the consultancy services. The Contractor also shall not divulge to
unauthorized persons the information in respect of rates of remuneration and conditions
of employment. The Contractor shall disclose all such confidential and other information
as the Employer’s Representative may require verifying the Contractor’s compliance with
the Contract.
1.7. Law and Language
The Contract shall be governed by the Indian laws and the courts of Mumbai alone shall
have exclusive jurisdiction. If there are versions of any part of the Contract which are
written in more than one language, the version which is in the ruling language stated in
the Appendix to tender shall prevail.
The language for communications shall be that stated in the Tender. If no language is
stated there, the language for communications shall be the language in which the Contract
(or most of it) is written.
1.8. Mode of Communication
Any document, letter or memo shall be considered official only if the same is written &
hand delivered or sent by Courier along with the POD or registered post. Official
acceptance of letters by the Employer shall be considered only if the same is signed by a
 representative of the Employer, or Electronic mail communication to authorized
Employer representative also be considered.
1.9. Notices, Consents, Approvals, Certificates and Determinations
Wherever in the Contract provision is made for the giving or issue of any notice, consent,
approval, certificate or determination by any person, unless otherwise specified such
notice, consent, approval, certificate or determination shall be in writing and the words
“notify”, “certify” or “determine” shall be construed accordingly.
1.10. Instructions in Writing
Instructions given by the Employer’s Representative shall be in writing, provided that if
for any reason the Employer’s Representative considers it necessary to give any
instruction orally, the Contractor shall comply with the instruction. Confirmation in
writing of such oral instruction given by the Employer’s Representative, whether before
or after the carrying out of the instructions, shall be deemed to be an instruction within
the meaning of this Clause.
1.11. Priority of documents
The several documents forming the Contract are to be taken as mutually explanatory of
one another, but in case of ambiguities or discrepancies, the same shall be explained and
adjusted by the Employer’s Representative who shall thereupon issue to the Contractor
instructions thereon and in such event, the priority of the documents forming the Contract
shall be as follows:
1. Work Order/Contract Agreement
2. Relevant correspondence exchanged from receipt of Tender to award of Work.
3. Letter of Intent
4. Tender Document
a) Special Conditions of Contract
b) General conditions of Contract including clarifications/conditions
accepted after the pre-bid meeting
c) Form of Tender and appendices hereto
d) Specification
e) Drawings
f) Bill of Quantities
5. any other documents forming the Contract
If an ambiguity or discrepancy is found in the documents, the Employer shall issue any
necessary clarification or instruction, which shall be final and binding on the Contractor.
1.12. Assignment of Contract
 The Contractor shall not, without the prior written consent (which consent shall be at the
sole discretion of the Employer) of the Employer, assign/sub-contract the Contract or any
part thereof, or any benefit or interest therein or otherwise to any third party.
1.13. Letter of Intent
Before signing of the Contract, the Employer may issue by registered post or by
otherwise depositing at the registered office of the Contractor, a Letter of Intent to enter
into a Contract with the Contractor for execution of the Works in accordance with the
Contract.
Until a formal Contract agreement is prepared and executed the tender documents i.e.
General Conditions of Contract, Special Conditions of Contract, Technical Specifications
and set of Drawings together with the relevant correspondence exchanged from Tender to
acceptance and together with the Employer’s letter of Intent shall constitute a binding
contract between the Parties.
1.14. Contract Agreement/Work Order
On receipt of intimation from the Employer of the acceptance of his/their tender or
detailed work order (whichever is later), the successful tenderer shall be bound to
implement the Contract and within fourteen days thereof, the successful tenderer shall
duly execute an agreement in accordance with the draft agreement provided by the
Employer.
The said Contract shall be deemed valid and binding until the completion of the entire
Scope of Works and the Defect Liability Period. The costs of stamp duties and similar
charges (if any) imposed by law in connection with entry into the Contract shall be borne
by the Contractor.

1.15. Documentation
The Contractor shall submit the following documents for approval/record of the
Employer’s Representative/Employer within fourteen (14) days of receipt of Letter of
Intent or Work Order whichever is earlier and during the course of execution of work as
applicable.
1) Detailed construction/work schedule showing the completion of works as per
completion date including testing and commissioning along with one month look
ahead program and recovery program if required
2) Method statement for all items of work.
3) Safety manual proposed for this project including safety precautions and safety
measures etc.
4) List of equipment’s and machinery along with its mobilization schedule.
5) Site Organization Chart showing the names of the Project Manager and
Engineers (dates of filling of position) along with manpower deployment
schedule (labour histogram). Contractor to submit CV for all Key personnel for
 approval by Employer’s Representative as requested. If necessary, Employer’s
Representative shall call for interview for the Contractor’s personnel.
6) Quality Assurance, Quality Plan, defining authority levels and job specifications
and Quality Control manual including Testing & inspection plan as proposed for
this project.
7) Daily work/programme of next day/Material consumptions and their test reports/.
8) Weekly programme/progress reports in a prescribed form as detailed separately
9) Procurement Plan & Material order report showing detail programming for
ordering of all materials and scheduling of plants/equipment’s.
10) Test reports of the materials etc. as and when required by the Employer or his
Consultants.
11) Inspection & Test procedures for material, equipment and completed works.
12) Drawing including any shop drawings submission logs
13) Logs of Request for Information (RFI’s) issued by the Contractor.
14) All labour & welfare arrangements and details of requirements for making the
site ready for work
15) A lifting protocol correlating tower crane, material hoist, loading platform,
mobile cranes and cranes strategy at various levels. Logistics plan for all major
equipment’s.
16) Invoicing Plan
17) Any other documents as mutually agreed between the Parties.
The employer’s representative shall have the right to add or delete any other document as
needed from time to time.
1.16. Employer’s use of Contractor’s Documents
As between the Parties, the Contractor shall retain the copyright and other intellectual
property rights in the Contractor’s documents and other design documents made by (or
on behalf of) the Contractor.
The contractor shall be deemed (by signing the Contract) to give to the Employer
(including the Employer representatives) a non- terminable transferable royalty free right
to copy, use and communicate the Contractor’s documents, including making and using
modifications of them. The license shall:
1) Apply throughout the actual or intended working life (whichever is longer) of the
relevant part of the Works including the Defect Liability Period,
2) Entitle any person in proper possession of the relevant part of the Works to copy,
use and communicate the Contractor’s documents for the purposes of
 completing, operating, maintaining, altering, adjusting, repairing, and
demolishing the Works, and
3) In case of Contractor’s documents which are in form of computer programs and
other software, permit their use on any computer on the Site and other places as
envisaged by the Contract, including replacements of any computers supplied by
the Contractor.
The Contractor’s Documents and other design documents made by (or on behalf of) the
Contractor shall not, without the Contractor’s consent, be used, copied or communicated
to a third party by the Employer for purposes other than permitted under this Clause.

1.17. Contractor’s use of Employer’s Documents

The Employer shall retain the copyright and other intellectual property rights in the
Specifications, the Drawings and other documents made by (or on behalf of) the
Employer. The Contractor may, at his cost, copy, use and obtain communication of these
documents for the purposes of the Contract. The Contractor shall not without the
Employer’s written consent, copy, and use or communicate any of the Employer’s
Documents to a third party.
The Contractor shall not edit, change or modify any documents provided by the
Employer without the specific written consent towards such change from the
Employer/Employer’s representative. In case any change is made in the documents
provided to the Contractor by the Employer without such written consent from the
Employer/Employers Representative, such modified document shall be held void.
1.18. Publicity
Under no circumstances, the Contractor is permitted to release information in any form in
respect of the Works or this Contract or the terms hereof to any third party including the
press, other news agency or public agents, without first obtaining the written approval
from the Employer’s Representative. The contractor will not use the names of any
Employer associates in any manner. All requests for the approval shall be forwarded to
the Employer who shall communicate his decision, which would be final and binding.
The Employer also reserves the right to approve the form and content of any such release
of information. Any breach of the decision shall be construed as breach of the Contract.
The contractor and/or his associates are allowed access to the project location, as may be
appropriate for the purposes of fulfilling their project responsibilities. No photographs or
videography is permitted on such visits (including through cell phones). Any associate of
the contractor not directly working in the project will not be allowed access to the project
site and sales office/sample flat thereto (“project locations”).
1.19. Compliance with Statutes and Regulations
The Contractor shall comply with the provisions of all statutes, acts, rules, regulations
and/or orders, whether central or state in respect of and/or in relation to the Works, and to
 the regulations and bye-laws of any authority, including but not limited to any water,
electric supply and other companies and/or authorities with whose systems the structure
is proposed to be connected. The Contractor shall, before making any variations from the
Drawings or Specifications that may be necessitated by such regulations, give to the
Employer’s Representative reasonable written notice specifying the variation proposed to
be made and the reasons for making it and apply for instructions thereon. The Contractor
shall not be entitled to any additional compensation for the same. No such variation as
above shall be binding on the Employer till it is agreed in writing between the Parties.
The Contractor shall bring to the attention of the Employer’s Representative all notices
required by the said Acts, regulations or bye-laws to be given to any authority and pay to
such authority, or to any public office all fees that are payable/chargeable in respect of
the Works, and lodge the receipts with the Employer’s Representative.
1.20. Joint and Several Liability
If the Contractor constitutes (under applicable Laws) a joint venture, consortium or other
unincorporated grouping of two or more persons:
1) These persons shall be deemed to be jointly and severally liable to the Employer
for the performance of the Contract;
2) These persons shall notify the Employer of their leader who shall have authority
to bind the Contractor and each of these persons; and
3) The Contractor shall not alter its composition or legal status without the prior
consent of the Employer.
The Contractor shall provide all necessary information or documents of such joint
venture, consortium or other unincorporated grouping up to the satisfaction of the
Employer. In case a subsidiary company is executing the Contract with Employer, the
parent company shall provide a Corporate Guarantee and/or such other documents as
specified by the Employer.
2. The Employer
2.1. Employer’s Responsibilities
The Employer shall provide right to access to the Site (without creating any right, title
interest in the Site or any part thereof in favour of the Contractor), at the times stated as
per the schedule. The Employer shall, if reasonably requested by the Contractor, assist
him in applying for permits, licenses or approvals which are required for the Works, at
the costs and expenses of the Contractor.
The Employer shall provide Drawings for the works to be constructed under the Contract.
The Employer shall disburse timely bill payments as per the conditions in the Special
Conditions of Contract document.
If under GCC Clause 3.10 [Opportunities for Other Contractors] the Employer shall carry
out Work on the Site with his own workmen, he shall, in respect of such Work:
1) Have full regard and be liable for the safety and security of all persons on the Site
 2) Keep the Site in a clean and orderly state and if the Employer shall employ other
Contractors on the Site, he shall require them to have the same regard for safety
and avoidance of danger.
2.2. Duties and Authority of the Employer’s Representative

1) The Employer’s Representative shall carry out the duties specified in the
Contract which are as given below:
a) Watch, Monitor and Supervise the Works
b) Review and demand test reports of materials to be used in the Works.
c) Check workmanship of the items executed.
d) Record and check the measurements.
e) Order variation and quantities, items etc.
f) Extension of time limit for completion of the Works
g) Record extra item of the Work.
h) Any other work that may be assigned by the Employer
2) The Employer’s Representative may exercise the authority specified in or
necessarily to be implied from the Contract, provided, however, that if the
Employer’s Representative is required under the terms of his appointment by the
Employer to obtain the specific approval of the Employer before exercising any
such authority, then the requisite approval in writing shall be obtained by the
Employer’s Representative from the Employer.
3) Except as expressly stated in the Contract, the Employer’s Representative shall
have no authority to relieve the Contractor of any of his obligations under the
Contract.
4) The Employer will share with the Contractor, on his request, a matrix that shows
the authority level of the Employer’s personnel who will be involved directly or
indirectly in the design, execution & administration of the works. The Contractor
shall be required to follow the matrix as delineated and refer to the Employer in
case of any doubts or clarification required in this regard.
2.3. Employer’s Representative at Liberty to Object
The Employer’s Representative shall be at liberty to approve and object to the presence
on site of any person provided by the Contractor who in the opinion of the Employer’s
Representative, misconducts himself, or is incompetent or negligent in the proper
performance of his duties or whose presence on Site is otherwise considered by the
Employer’s Representative to be undesirable, or doing an unsafe act or creating unsafe
situation and the Contractor will be required to remove forthwith from the site of the
Works such person and the person shall not be again allowed upon the site without the
 consent of the Employer’s Representative. Any person so removed from the Works shall
be replaced by the Contractor within 1 day.
3. The Contractor
3.1. Contractor’s General Obligations
The Contractor shall design (to the extent specified in the Contract), execute and
complete the Works in accordance with the Contract and with the instructions of the
Employer’s Representative, and shall remedy any defects in the Works.
The Contractors shall provide the Plant and Contractor’s Documents specified in the
Contract, and all Contractor’s Personnel, Goods, consumables and other things and
services, whether of a temporary or permanent nature, required in and for this design,
execution, completion and remedying of defects.

The Contractor shall be responsible for the adequacy, stability and safety of all Site
operations and of all methods of construction.
The Contractor shall, whenever required by the Employer’s Representative, submit
details of the arrangements and methods which the Contractor proposes to adopt for the
execution of the Works. No alteration to these arrangement and methods shall be made
without this having previously been notified to the Employer’s Representative.
If the Contract specifies that the Contractor shall design any part of the Permanent
Works, then unless otherwise stated in the Special Conditions of Contract:
1) The Contractor shall submit to the Employer’s Representative the Contractor’s
Documents for this part in accordance with the procedures specified in the
Contract;
2) These Contractor’s Documents shall be in accordance with the Specification and
Drawings, shall be written in the language for communications defined in GCC
Clause 1.7 [Law and Language] and GCC Clause 1.8 [Mode of Communication],
and shall include additional information required by the Engineer to add to the
Drawings for co-ordination of each Party’s designs;
3) The Contractor shall be responsible for this part and it shall, when the Works are
completed, be fit for such purposes for which the part is intended as are specified
in the Contract
Prior to the commencement of the Tests on Completion, the Contractor shall submit to
the Employer’s Representative the “as-built” documents and operation and maintenance
manuals in accordance with the Specification and in sufficient detail for the Employer to
operate, maintain, dismantle, reassemble, adjust and repair this part of the Works. Such
part shall not be considered to be completed for the purposes of taking-over under GCC
Clause 10.1 [Taking-Over Certificate] until these documents and manuals have been
submitted to the Employer’s Representative.
 The Employer may require the Contractor to dismiss or remove from the Site of the Work
any person in the Contractor’s employment who may be incompetent or misconduct
himself and the Contractor shall forthwith comply with such requirements.
The Contract includes all works for this particular package/trade in the particular
building/wing/structure unless any exclusion as mentioned in the Special Conditions of
Contract. The Contractor is required to submit along with his bid, item rate quotes of
their other major works (works not covered under scope of works as stated in the Special
Conditions of Contract). The Employer shall have the option and the Contractor shall be
bound to perform the items. In the event that the Contractor fails to submit such item rate
quotes along with their bid, then market rates shall be assumed and the same shall be
binding on the Contractor. The Employer shall have the right and the Contractor shall be
obligated to perform such works up to 10% of the contract value excluding those works.
3.2. Meetings
The Contractor and/his authorized Representative will attend all the meetings whenever
called for and the decisions taken in the meeting will be binding on the Contractor.
Minutes of the meeting shall be recorded by the Employer/Employer’s Representative
and circulated to all relevant for all such meetings.
3.3. Name Boards
The Contractor’s name boards shall not be displayed on site without the prior written
approval of the Employer’s Representative. The employer reserves the right to object on
the size, material and location for using his name.
3.4. Report
1) Daily Labour Report (to be submitted everyday) giving names/trades of all their
operatives/staff who have attended work, areas of work & list of equipment’s
used.
2) Four copies of Report containing the following shall be submitted by the
Contractor to the Employer through the Employer’s Representative on or before
the 2nd day of every week. The format for each section of the report as defined
below will be as mutually agreed between the Contractor and the Employer
3) Two copies off the monthly report on 5th of every subsequent month to the
Employer’s Representative containing:
a) Description of executed work
b) Critical issues to be highlighted
c) Special occurrences, accidents, etc
d) Drawing & Material Submission Log
e) Method Statement & Procurement Log
f) List of memos and instructions ordered by the Employers’ Representative
 g) Colour photographs of the site showing necessary views of the work at not less
than 10 locations
h) Progress report against 3 months look ahead program which shall include
resource loading, earned value data, etc
i) Any other report as required by the Employer
3.5. Adequacy of Contractor’s Resources
The Contractor shall provide adequate resources as per the resourcing chart submitted
and accepted at the time of Commencement of works, to ensure timely completion of
each milestone of the construction schedule approved by the Employer’s Representative.
In the event the contractor is unable to deploy adequate resources then the employer has
the right to supplement additional resources at the cost of the contractor and debit the cost
*125% from the sums payable to the contractor.
3.6. Works to be in Accordance with Contract
Contractor shall execute and complete the Works and remedy any defects therein in strict
accordance with the Contract and to the satisfaction of the Employer’s Representative.
The Contractor shall comply with and adhere strictly to the Employer’s Representative
instructions on any matter whether mentioned in the Contract or not, in relation to and/or
in respect of the Works. The Contractor shall take instructions only from the Employer’s
Representative in this regard.
3.7. Contractor’s Representative
The Contractor shall have on Site at all times during working hours throughout the course
of the Contract, at least one competent senior Representative who shall be empowered to
make decisions binding on the Contractor in respect of all matters likely to arise in
connection with the execution & coordination of the Works at Site and the Contractor
shall keep the Employer’s Representative and the Employer informed at all times about
the name and designation of such Representative. The Contractor’s Senior Representative
shall have the power to take joint measurement and sign the measurement books/bills.
Any directions, explanations, instructions, or notices given by the Employer’s
Representative to such Representative shall be held to be given to the Contractor and the
Contractor shall be solely responsible and liable for the same.
3.8. Subcontracting
The Contractor shall not Sub-Contract the whole or part of the Works, except where
otherwise provided by the Contract or by prior written consent provided by the Employer
in writing.
The Contractor
1) Shall not assign any part or any benefit or interest in the Contract including any
monies due or becoming due to the Contractor under the Contract
2) Shall not sublet any part of the Contract Works or appoint any other person to
execute any of the works to be executed by the Contractor under the Contract
 The Contractor shall remain wholly responsible and liable for carrying out and
completing the Works in all respects in accordance with Contract notwithstanding the
sub-letting or sub-Contracting of any portion of the Works.
All the Clauses of the Contract which apply to the Contractor, his personnel, labor and
equipment shall also apply to any Sub Contractor, his personnel, labor and equipment in
the same manner.
3.9. Subcontractors
All specialists, merchants, tradesmen, and others executing any Work or supplying any
goods, materials, Plant, or services for which Provisional Sums are included in the
Contract, who may have been or be nominated or selected and approved by the Employer
or the Employer’s Representative, and all persons to whom by virtue of the provisions of
the Contract the Contractor is required to subcontract shall, in the execution of such
Work or the supply of such goods, materials, plant or services, be deemed to be
subcontractors to the Contractors and are referred to in this Contract as “Nominated
Subcontractors”.
3.10. Opportunities for other Contractors
The Employer/Employer’s Representative reserves the right to use any portion/portions
of the Site for the execution of any works not included in this Contract which it may
desire to have carried out by other persons simultaneously, and the Contractor shall allow
all required facilities for the execution of such Works, but may be required to provide any
plant or material for the execution of such Work except by special arrangement with the
Employer to a reasonable extent. Such Work shall be carried out in such manner as not to
impede the progress of the Works included in the Contract.
3.11. Other Specialized Contractors
The Contractor shall extend all necessary facilities and coordination to other agencies in
such a manner that they can carry out their works smoothly and timely and the whole
finished work must appear absolutely integrated. Nothing extra shall be paid on this
account whatsoever unless agreed otherwise specifically.
3.12. Safety Precautions
Contractor shall strictly comply with all prevailing laws and regulations of local, state,
and national Government Authorities and/or public body in relation to Environment,
Health and Safety as applicable to Contractor’s performance of Work. Contractor shall
fully indemnify TPL and Owner for any loss and damage to Employer/Owner resulting
from Contractor’s non-compliance of said laws and regulations.

SECURITY ARRANGEMENTS: Contractor shall make their own arrangements to

ensure the security and safety of their materials, machineries, people etc. at our work site,
at their cost. Contractor shall keep the client indemnify against any theft or such
incidences takes place at work site.
 Dealing with concerned authorities in case of accidents / mishaps: The Contractor shall
deal with the concerned authorities in case of accident / mishap happens at site and see
that Client & its representatives are indemnified from such dealings. All expenses for
settling such matter also to be borne by Contractor.

Damages to client’s or adjacent properties: The Contractor will be responsible for any
kind of destruction/damage made by his labour or due to non-safety measures to the
client’s, public or adjoining properties during the tenure of this Order. The Client will
ascertain the quantum of such damages and decide the compensation. The Client’s
decision regarding compensation to be paid to the claimant will be binding on the
Contractor. In case the Contractor is failed to pay compensation to the client, Client will
pay the same and recover it from any payment due to Contractor.
Contractor shall be entirely responsible for the safety & security of his labour, equipment,
material & machinery at site. Labourer’s safety, medical needs and insurance is
contractor’s responsibility. Contractor must appoint full time qualified EHS Managers
/Officers/Engineers /Supervisor in line with Employer’s EHS Manual. Contractor shall
ensure that no nuisance is caused to the adjoining property of the Employer or any other
person.
Contractor should take adequate precautions for safety at site by providing PPE (Personal
Protective Equipment’s) say Full body safety harness, helmets, Safety shoes, slider fall
arrester, reflective jackets, etc for workers & visitors/representative at site. Working
platforms, proper ladder and access with edge protection etc required for various working
levels for labour and employees of Contractor and Owner representatives shall be
adhered by the Contractor. Individual Slider fall arresters need to be used while working
at a height more than three meters above ground level for all external activities, while
working on scaffoldings, while working inside shaft s etc. The full body harnesses need
to be connected to Polyimide rope through slider fall arrester device. The Polyimide rope
needs to be anchored on permanent structure always minimum 3 meter above the labour
at work. The Polyimide rope should be free of any damage or knots and must be falling
free vertically. Penalty shall be levied for violating these clauses.
All temporary/permanent electrical connections should be checked before work. Each
and Every DB need to be connected with ELCB, RCCB etc as per requirement.
Labourers with Barefoot/Slippers are not allowed at site. If any accident occurs due to the
negligence of the above-mentioned safety norms the contractor will solely be responsible
for the same and compensation if any will only be payable by contractor. Contractor will
be responsible for electrical wires/cable insulation and protection provided for the
operations of mixer, vibrators, hoist and water pumps etc. Good housekeeping, quality
drinking water and maintaining hygiene in labour camp areas, toilets, all access and
working area is contractor’s responsibility and violation if any noticed will be levied with
penalty. In case any a violation is not rectified within given time frame, Employer will
put own resources and charge 150% of the actual cost incurred for the rectification,
maintenance etc. Contractor need to identify and implement requirement of BOCW act
 and Maharashtra contract labour regulatory act time to time with amendments/circulars
etc to it.
Contractor to ensure that the other equipment’s of the Owner and/or of its other
contractors are not damaged or the work carried out by others is not in any manner
withheld due to the work under present contract being executed. The Contractor shall be
responsible for any damage to the work done during the progress of the work owing to
his negligence and shall make good any loss or damage.
If any accident taking place on account of negligence of above-mentioned safety norms
the contractor, shall be solely responsible for all consequences arising out of the above
and the client is absolved/indemnified from all claims/compensation/liabilities of
whatsoever nature payable by the Contractor to workmen.
The Contractor is aware that while execution of the contract it may so happen that the
people at large in the vicinity and/or property abutting the periphery of the plot may be at
risk or may get damaged due to an act of the contractor, their workmen or otherwise. In
the event of happening of such an event the Contactor subject to force majeure
undertakes to be solely responsible for all the liabilities/claims/suits/demands of any
nature whatsoever raised by any person/s sans recourse/reference to the Employer i.e. the
company herein. The rates shall be inclusive of preparatory work, providing protecting
majors to protect the life and property at site and also to ensure 100% safety of customers
and personnel using the premises.
Safety posters, banners and danger signboards shall be erected by the contractor as per
guidance from the Employer’s site EHS in charge.
The Contractor shall be responsible and liable for ensuring that: -
1) All workmen working on the external face of the building and inside shafts shall
be required to use slider fall arresters. The length of the slide fall arrester should
be lesser of the following:
a) Height of the building above ground up to terrace slab – 3 m
b) 50 m
2) The slide fall arrester should be anchored onto a permanent surface, not onto the
scaffolding or any temporary structure.
3) First aid room is provided and maintained with a full time qualified first aider
and all the first aid medicines and equipment’s required are as per guidance of
the Employer’s Representative.
4) Trained and qualified EHS staff is available full time at site.
5) The EHS staff, first aiders, safety officers, or operators at site are approved by
Employer’s Representative.
6) Security staff or fire wardens are available full time at labour camps.
7) Basic Personal Protective Equipment (PPE) i.e., Safety shoes, helmet and safety
jacket should be worn at all times by all personnel and labours on the site. Other
 PPE requirement at site specific to activity need to be worn/used as per the
guidance of the Employer’s Representative.
8) Any injured person shall be taken to a public/private hospital without loss of
time, in cases where the injury necessitates hospitalization.
9) Suitable and strong scaffolds (steel scaffolds with base plate, fully covered
working platform, toe board, mid rail, top rail, anchoring point, X bracing, ties
and supports) should be provided for workmen for all works that cannot safely be
done from ground.
10) No portable single ladder shall be over 6 meters in length. The width between the
side rails shall not be less than 45cm. When a ladder is used, a person shall be
engaged only for the purpose of holding the ladder at that point of time. all the
ladders must have hand rails
11) The excavated material shall not be placed within 1.5 meters of the edge of the
trench or half of the depths or trench whichever is more. All trenches and
excavations shall be provided with necessary fencing and lighting. A permit to
excavate need to be taken from employer before any excavation activity
12) Every opening in the floor, slab edges/periphery, staircases of a building,
working platform shall be provided with suitable means to prevent the fall of
persons or materials by providing suitable platform, fencing, toe boards or railing
whose minimum height shall be 1.2meter.
13) No floor, roof, or other part of the structure shall be so overloaded with debris or
materials as to render it unsafe.
14) Those engaged in welding works shall be provided with welder’s protective eye
shields and gloves. A hot work permit needs to be taken from Employer for any
welding, cutting. The area where hot work is being carried out should be
cordoned off and fire extinguishers should be provided.
15) No paint containing lead or lead products shall be used except in the form of
paste or readymade paint.
16) Suitable facemasks shall be supplied for use to the workers when the paint is
applied in the form of spray or surfaces having lead paint dry rubbed and
scrapped.
17) The painters are provided overalls and other adequate facilities to enable the
working painters to wash during the periods of cessation of work.
18) Any external activities and activities inside any shaft like plastering, painting, lift
work or surface preparation, need to be carried out using slider fall arrester fixed
with full body harness on to PP rope anchored on permanent structure above
19) Hoisting machines and tackle used in the works, including their attachments,
anchorage and supports shall be in perfect condition and as per approval of
Employer’s representative. Any faulty machines, arrangements, platforms used at
site if any by the contractor will attract penalty.
 20) The ropes used in hoisting or lowering materials or as a means of suspension
shall be of durable quality and adequate strength and free from defects
21) Those engaged in working at heights shall use full body safety harness. A safety
net shall be provided at minimum two levels and in addition to wherever required
to the satisfaction of Employer’s Representative. The nets shall be erected,
cleaned on a weekly basis or as required, and shifted to higher levels as specified
by the Employer’s Representative.
22) Workers employed on mixing and handling material such as asphalt, cement
mortar and concrete and lime mortar shall be provided with special protective
footwear, face mask and rubber hand gloves.
23) No electric cable or apparatus, which is liable to be a source of danger shall be
allowed to remain electrically charged, when not in use. All the electric
connections need to be rooted through industrial Distribution boards on each
floor with ELCB. Any connection needs to be taken using industrial sockets and
plug tops fitted on DB.
24) Workers engaged for replacing/repairing of roof sheets bolts, hooks etc. on
sloping roof and external repairs, painting etc of tall structures using
cradles/scaffoldings shall be provided with full body safety harness hooked with
slider fall arrester on PP rope anchored on permanent structure with firm support.
25) Safe and adequate means of platforms, access including handholds and footholds
shall be provided to all parts where a person may have to walk, climb or work.
26) While carrying out demolition work surrounding area shall be cordoned off and
necessary warning to the public viz., notice board red flag, lamps etc shall be
displayed and all measures for pollution prevention and control to be in place.
27) Gas cylinders or kerosene cooking devices are NOT permitted in the residential
area of labour camp. For cooking facilities, a separate cooking area has to be
earmarked which is located on ground level, is easily accessible, well ventilated
and fire extinguishers are available close to its entry point. This cooking area
should preferably be physically separated from the residential areas of the labour
camp.
28) If labour camp is located within permanent structure, no gas cylinder or kerosene
cooking devices is allowed inside the permanent structure and separate temporary
shed, outside permanent structure, is to be earmarked for cooking facilities. In
case, temporary cooking area is not feasible due to space constraints, it is to be
ensured that the cooking area is located on ground floor of the permanent
structure in well- ventilated area and all cooking occurs at that location only. Fire
extinguishers should be provided close to this cooking area.
29) - Safety nets along with MS props/Anchored Brackets at 3rd, 6th, 9th, 12th & 15th
levels periphery of the building
All safety equipment will conform to specifications as tabulated below:

Sr. No PPE Details Specifications Remarks

 1 Safety Helmet Helmet with IS 2925 : 1984 or EN Test certificate to be
397 produced.
adjustable chin strap.

2 Safety Shoes With steel toe and IS 15298 : 2002 or For monsoon gumboots
with steel toe
black in colour EN ISO 20345 or
should be used.
EN 345

3 Safety Belt Full body harness with IS 3521 : 1999 or EN For working above 2m
1.8m lanyard 361 : 2002 height. Test
and auto snap spring hook certificate to be
produced.

4 Dust Mask < 10 micron pore size to IS 8522 : 1977 or EN For working in dusty
avoid 149 : 2001 atmosphere.
respirable particles FFP2

5 Ear Plugs Disposable foam ear plugs. IS 6229 : 1980 or EN For working in high
352 - 2 noise area above 85
dB(A)

6 Cotton Hand Fast Grip Dotted Gloves IS 6994 : 1973 or BS EN For working with sharp
Gloves 388:2003 objects

7 Electrical Hand Seamless gloves for IS 4770 For working on electrical

Gloves minimum panels
working voltage of 11KV

8 Face Shield Polypropylene impact IS 8521 BS EN 166 or For doing welding work
resistant shell with high ANSO Z 87.1 in site premises
strength nylon ratchet
headgear

9 Safety Goggles Plane goggles for grinding IS 1179:1967 or BS EN For Grinding, Chipping
and 166:2001 and gas cutting work in
site premises.
chipping and dark goggles
for gas cutting work.

10 Safety Hi- Vis Green for Staff and Orange Reflective tape to For projects where
Jacket for contractors. conform to EN471 Class implementation initiated
3. as a mandatory PPE

3.13. Safety Breach

 The Contractor shall organize his operations in a workman like manner and take all
necessary precautions to provide safety and prevent accidents on the site by eliminating
all possible hazards which can put any persons and property at risk. The same is
applicable to his sub-Contractor/s, if any. Any accident, taking place during the tenure of
the Contract, causing any injury to the life of any individual shall be treated as breach of
provisions of the safety clause of the Contract and the Contractor will be liable for the
recovery of damages by the Employer as given below.
For failure to maintain clear access and hygienic conditions for work, penalties will be
levied as per following Penalty chart:

Sr. No Safety Violation /indiscipline Risk Fine (Rs) Structure Immediate Action

Working at height above 2m

inside the building without Full
Worker to be allowed to
body harness, (b) working on
work only after use of full
1 external face of the building and Fatality 5000/- Per Person
body harness and slider fall
inside the shaft above 3m from Per Obs.
arrester mechanism in both
the ground without individual
the cases (a) and (b).
slider fall arrester mechanism
with anchored PP rope for
each worker / supervisor

2 Rotating parts of machine kept Amputation/Loss 1000/- Per Rotating parts of the
exposed of body parts Observation machinery to be guarded
within 24hrs.

Bare wires inserted in socket, Electrocution/ Electrical connection to be

more than two joints, cable on fire/short circuit disconnected by electrician
3 5000/- Per
ground, improper till rectified
Observation
capacity of cable, other electrical
hazard

4 Labours working without safety Head injury 1000/- Per Person Helmet to be provided
helmet Per immediately
Obs.

5 Labours working without safety Foot injury 1000/- Per Person Safety shoes to be provided
shoes Per Obs. immediately

6 Labours working without Injury to labour 1000/- Per Person Reflective jackets to be
reflective jacket due to non- Per Obs. provided immediately
visibility

7 Vehicle operator without valid Accident and 5000/- Per Person Stop the vehicle until
license legal requirement Per operator submitting
Obs. the license
8 Operating/reversing heavy Accident 2000/- Per Signal man to be provided
vehicles & Observation with vehicle
machinery without signal man immediately

9 Labours found cooking inside Fire 5000/- Per Cooking to be done in

labour camp room Observation separate cooking area
provided

Contractors allowing outsider

(not working at site) to stay in
10 Unauthorized 10000/- Per Remove the outsider
labour camp room,
entry Observation immediately
allocated to them

11 Leaving power supply on inside Wastage of 1000/- Per Ensure no electrical power
room, energy Observation supply
while leaving the room in labour between 9 am to 5 pm in
camp. labour camps

12 Not using slider fall arrestor with Fall of Person 5000/- Per Person Provide fall arrestor with
polyamide rope Per Obs. polyamide rope immediately

13 Equipments are operated without Legal requirement 5000/- Per Equipment to be stopped till
required Third Party Certificate Observation Third Party Certificate
issued

14 Using Lifting/gears without 3rd Legal requirement 5000/- Per Use of lifting / gears to be
party certification Observation stopped till Third Party
Certificate issued

15 Using defective equipment at Injury 2000/- Per Stop equipment till defect is
site Observation rectified

16 Entering & working at site after Accident 5000/- Per Person Remove from site
alcohol consumption Per Obs. immediately

17 Urinating at undesignated area Un hygienic 1000/- Per Person Warning to be given

condition Per Obs.

18 Working without Permit to Work Accident 1000/- Per Work to be stopped till
Observation permit issued

19 Failure to comply with safety Accident 1000/- Per Stop the work until comply
instructions and rules at site Observation the safety instruction

20 Failure to comply with site Accident 1000/- Per Stop the work until comply
safety rules specified in EHS Observation the site safety rules in EHS
Manual Manual

21 Failure to attend/conduct TBTs/ Non compliance 1000/- Per To be started immediately

EHS of EHS norms Observation
 Meeting & Training

Blocking emergency exit Non availability

of access during
22 route/access/egress/walkway 2000/- Per Access to be cleared
normal or
with materials or equipments Observation immediately
emergency
situation

23 Horse play/assault on others Injury to person 1000/- Per Remove from site
Observation immediately

24 Not deploy required safety staff Non compliance 2000/- Per Month Required EHS Staff to be
of EHS provided immediately
Requirement

25 Railing not provided to scaffold Fall of person or 1000/- Per Provide railing within two
or platform at top. material may Observation hours.
cause even
fatality

26 Fire extinguishers not provided Fire 500/- Per Provide extinguishers

for hot jobs. Observation immediately.

27 Flashback arrestor not provided Explosion of gas 500/- Per Provide flash back arrestor
for gas cutting machine cylinders Observation within two hours

28 Welding shield /goggles and Loss of eyesight 500/- Per Provide all the PPE’S
hand gloves not provided for hot Observation immediately.
jobs.

29 Child labour found working Legal requirement 5000/- Per Person Labours to be removed from
without any age proof at site. Per Obs. site unless produces age
proof.

30 Life-line or barricading not Fall of person 1000/- Per Provide immediately

provided at periphery area may even leads to Observation
fatality

31 Proper cross-bracing not Collapse of 1000/- Per Provide scaffolding within

provided to scaffolding Observation 24 hrs.
scaffold. may even leads to
fatality

32 Scaffolding is not braced Collapse of 1000/- Per Provide support

properly to fixed scaffolding Observation immediately.
structure. may even leads to
fatality

33 Structure of winch machine is Collapse of 500/- Per Provide support

not braced structure Observation immediately.
 properly to fixed structure may even leads to
fatality

34 Labour found smoking or Fire/health and 1000/- Per Person Cigarettes/tobacco/gutkha to

chewing tobacco, gutkha at site. hygiene Per Obs. be submitted immediately.

35 Entry to site without valid I.D Low awareness 5000/ Per Person Inform to safety department
and safety on basic safety Per and induct the
induction. rules. Obs. labour within 24 hrs.

36 Vehicles exceeding speed limits Severe accident 1000/- Per Counseling of driver by
of 10km/hr. Observation security team

Non Compliance to Legal

Requirements as per BOCW act
37 Legal obligations 5000/- Per Immediate compliance to
and
Observation the legal requirement.
Maharashtra contract labours
regulations
act

Rectification of any such

situation within the given
Poor housekeeping, Poor access
and ladders, Poor maintenance of time frame by the contractor
roads, working platforms and otherwise Employer to
38 access to various level- un Accidents / 3000/- Per Deploy own resources and
hygienic or un healthy situation Fatality Observation rectify.
at camps, toilets and working
The charges as per contract
areas will be charged to the
contractor apart from the
penalty of Rs 3000 per case.

39 Contractor not reporting incident Reoccurrences of 5000/- or Per Investigation and CAPA by
or missing to inform same incident cost of Observation contractor
accident

Unauthorized interference or 5000/- or

damaging safety equipment /
40 Increase in risk cost of Per Rectification and
setup.
level Damage. Observation reinstallation

Additionally,
in cases of hospitalization or fatality which is caused on account of any work in the said
contractor’s scope OR caused by any workman/sub-contractor employed by the Contractor, the
liability of the Contractor shall include but not be limited to the following: -
 1) Incident of hospitalization exceeding 48 hours but not leading to death: Penalty of Rs.
50,000/- per case or 125% of hospitalization expenses, whichever is higher. In case there
are more than three such cases occurring on a given site under the same contractor, the
said amount shall be increased by 100% for future incident. Further, all hospitalization
expenses and lost wages by the hospitalized workman will be reimbursed in full by the
Contractor.
2) Incident leading to death: Penalty of Rs. 5,00,000- per case. In case of more than one
such case occurring on a given site under the same contractor, the said amount shall be
increased by 100% for future incidents OR the Contract may be terminated (as per the
sole discretion of the Employer’s Representative). In any case of any fatality, the
contractor shall reimburse an additional sum of at least Rs. 5,00,000- to the victim’s
family as one-time compensation, within 30 days of the fatality occurring – this would be
in addition to any statutory compensation payable by the Contractor to the family of the
deceased.
3) Not reported incident, Near Miss or First Aid case Rs. 10,000 per Incident.
4) Unresolved safety memo in given timeframe: Rs. 500 per unresolved memo
For failure to maintain clear access and hygienic conditions for work and labour camps, following
will be the penalties:
1) 1st major observation: No penalty. Rectification to be completed within 48 hours.
2) 2nd major observation: Penalty of Rs. 50,000/-. Rectification to be completed within 7
days
3) 3rd or major observation: Penalty of Rs. 100,000/- per observation. Rectification to be
completed within 7 days
In case the Contractor fails to provide necessary PPE required for each activity as required or any
other required safety obligation then the same shall be completed by the Employer and 125% of
the cost incurred will be debited from the Contractor’s Running Account or the Final Bill.
The penalty shall be imposed at the immediate next payment cycle. Notwithstanding any other
provision of this Contract, the Employer shall have the right to set-off/adjust from any amounts
payable by the Employer to the Contractor. All the penalties are exclusive of taxes.

3.14. Inspection of Site

The Employer has made available to the Contractor, before the submission by the Contractor of
the Tender such data on hydrological and sub surface conditions as has been obtained by or on
behalf of the Employer from investigation undertaken relevant to the Works but the Contractor
shall be responsible for his own interpretation thereof.
The Contractor shall be deemed to have inspected and examined the Site and its surroundings and
information available in connection herewith and has satisfied himself before submitting his
Tender, as to inter alia:
1) The form and nature thereof, including the sub surface conditions,
 2) The hydrological and climatic conditions,
3) The extent and nature of Work and materials necessary for the execution and completion
of the Works and the remedying of any defects therein, and
4) The means of access to and from the Site and the accommodation he may require and in
general, shall be deemed to have obtained all necessary information, subject as above
mentioned, as to risks, contingencies and all other circumstances which may influence or
affect his Tender.
The Contractor shall be deemed to have based his Tender on the data made available by the
Employer and on his own inspection and examination, all as aforementioned and the Employer
shall not be liable for any damage or loss caused to the Contractor therein.
The Contractor will at the time of submitting the filled in tender, also submit a Site Familiarity
Certificate (as specified in the Instructions of Tender or Special Conditions of Contract).
3.15. Sufficiency of Tender
The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of
the Tender and of the rates and prices stated in the Bill of quantities, all of which shall, except
insofar as it is otherwise provided in the Contract, cover all his obligations under the Contract
(including those in respect of the supply of goods, material, Plant or services or of contingencies
for which there is a provisional sum) and all matters and things necessary for the proper
execution and completion of the Works and the remedying of any defects therein.
3.16. Statutory Approvals for Temporary works
The Contractor shall be responsible for obtaining all statutory approvals from the competent
authorities applicable for all the temporary work completed by him. All costs for obtaining such
approvals including cost of rectifications/modifications if required to be carried out for obtaining
such approvals shall be deemed to be included in Contractor’s rates.
3.17. Temporary Facilities
The Contractor shall bear all costs and charges for special or temporary facilities required by him
and as required under applicable law in connection with access to the Site. The Contractor shall
also provide at his own cost and expenses any additional facilities outside the Site required by
him for the purposes of the Works.
Clearance of all kind of food waste, other waste, drainage and sewage related to labor camp need
to be met by the contractor. Contractor is fully responsible for the hygienic maintenance of labor
camp and related facilities on a daily basis. Camp boss and cleaning staff in labour camp shall be
deployed by the contractor to keep the camp clean and tidy.
3.18. Temporary Structures at site
Reasonable area of land, if required, as mentioned in the Special Conditions of Contract, for
temporary construction of site office, stores, workshops, stack-yard, cement and steel fabrication
shall be made available to the Contractor free of cost for the period of the Contract. All temporary
structures shall be removed immediately after completion of the works and the contractor to
handover the duly levelled land free of any obstacles/encumbrances. The Contractor shall
 construct, maintain and demolish these structures at his own cost and shall be liable for the same
in respect of the statutory provision of the govt. and municipal authorities. Access to the Site by
the Contractor, their respective representatives, workmen and employees shall be merely a license
for carrying out the Works, and the Contractor shall not by it being allowed such entry on the
Site, acquire any right, lien or interest either in the temporary structure, Work carried out by it or
Materials or anything appurtenant or attached thereto or to any part of the Site. . Further, it shall
be the responsibility of the Contractor to ensure that the temporary construction is not illegally
occupied
3.19. Permanent Works Designed by Contractor
Where the Contract expressly provides that part of the Permanent Works shall be designed by the
Contractor, he shall submit to the Employer’s Representative, for written approval, such
drawings, specifications, calculations and other information as shall be necessary to satisfy the
Employer’s Representative as to the suitability and adequacy of that design, and Operation and
Maintenance manuals together with drawings of the Permanent Works incorporating that design.
The Works shall not be considered to be completed for the purposes of taking over in accordance
with GCC Clause 10.1 [Taking-Over Certificate] until such operation and maintenance manuals,
together with drawings on completion, have been submitted to and approved by the Employer’s
Representative.
3.20. Responsibility Unaffected by Approval
Approval by the Employer’s Representative, in accordance with GCC Clause 3.19 [Permanent
Works Designed by Contractor] shall not relieve the Contactor of any of his responsibilities under
the Contract.
3.21. Interference with Traffic and Adjoining Properties

All operations necessary for the execution of the works and for the construction of any temporary
works shall so far as compliance with the requirements of the contract permits be carried on so as
not to interfere unnecessarily or improperly with the public convenience or the access to use and
occupation of public or private roads and footpaths or to or of properties whether in the
possession of the owner or any other person and the contractor shall save harmless and indemnify
the owner in respect of all claims, demands, proceedings, damages, costs, charges, expenses, etc
whatsoever arising out of or in relation to any such matters.

Cleaning: On completion of work, clean the work area thoroughly and clean the interior and
exterior of the finished work to remove all marks, stains, soiling, etc.. Exterior Final clean should
include a pre-rinse water spray to remove any abrasive particles. Finished Work Shall be free
from defects and mechanical imperfections such as scratches, scrapes, dents and abrasion.
 Prevention of Extra Ordinary Traffic & protection of roads: The contractor shall use every
reasonable means to prevent any damage to road, pathways and any adjacent buildings. He will
obtain necessary permission for local authorities for the movement of this constructional plant
and machineries . The contractor shall save harmless and indemnify the owner in respect of all
claims, demands, proceedings, damages, costs, charges, expences, etc whatsoever arising out of
or in relation to any such matters.

3.22. Prevention of Pollution

The Contractor shall ensure that at all times during construction of the Works the Contractor
complies with all environment laws and all reasonable precautions are taken to the satisfaction of
the Employer’s Representative to prevent pollution of the site and of the environment including
but not limited to the following:
1) The Contractor shall prevent pollution arising from the disposal or spilling of sewage,
diesel, fuel oil and liquid mud, from the disturbance of natural dust, aggregate dust, or
cement dust. The Contractor shall take all reasonable precautions to control the noise
levels generated by construction equipment and mobile vehicles used for much handling
and disposal as per the applicable local regulations and such as to not cause
inconvenience to the neighbours or other parts of the site.
2) Selection of ventilation fans (if applicable as per the Employer’s Representative) shall be
subject to the approval of the Employer’s Representative and the same shall be provided
with proper acoustics and/or silencers so as to maintain the noise level below the
applicable level as dictated by the local regulations and such as to not cause
inconvenience to the neighbours or other parts of the site.
3) Trucks carrying excavated muck shall be adequately covered to prevent any spillage of
muck on the roads while transporting the same to the locations of disposal.
4) All construction vehicles should have the tyres washed before exiting the site.
5) Muck handling trucks shall be provided with rubber mats.
6) Crane hoisting system shall be hydraulically operable.
7) Dust generation at the site shall be suppressed by suitable methods such as periodic water
spray to the satisfaction of the Employer’s Representative.
The Contractor shall indemnify and keep indemnified the Employer from any and all claims,
losses, damages and/or penalties arising due to Contractor’s non-compliance of the said
requirements.

3.23. Effects of Weather

 The Contractor shall ensure that no damage occurs to the Works during construction by arranging
adequate protection for each work or building work against the effects of any natural cause such
as sunshine, wind, rain fall, floods or high temperature.
No work shall be performed when in the opinion of the Employer’s Representative such work is
likely to be injuriously affected by the weather. The Contractor shall not be entitled to any claim
against the Employer on account of any loss alleged to have been sustained/incurred directly or
indirectly by reason of the Employer’s Representative declining such work to start or continue, or
ordering any work damaged by the weather to be made good or removed and re-executed. The
Contractor shall be liable to rectify such damage at his own costs and expenses and the Employer
shall be entitled to set-off/adjust from any amounts payable by the Employer to the Contractor.
3.24. Discharge of Water into existing Watercourse
The Contractor shall make provision/arrangements, at his own costs and expenses, for the
discharge or disposal of all water and waste products howsoever arising from the Works and
temporary works, up to a point within the site as specified by the Employer’s Representative and
the method of disposal shall be to the satisfaction of the Employer’s Representative. The disposal
from that point outside the site will be the responsibility of the Employer.
All the necessary expenses for such arrangements shall be deemed included in the quoted prices.
The requirements of this Clause shall not limit any of the Contractor’s obligations or liabilities
under the Contract.
The contractor should take adequate care and precautions to ensure that no large solid waste is
discharged in to the drainage system thereby hampering the working of the system. Contractor
will be responsible to maintain the drainage system and associated cost will be borne by the
contractor and the contractor shall also be liable to adhere to effluent standards as mandated by
the local applicable rules laid down by the statutory authorities.
3.25. Environmental Precautions
The Contractor shall observe all applicable environment laws and take necessary precautions and
measures to ensure that his personnel, workers, Sub Contractors or suppliers as well as
equipment’s and vehicles the norms regarding emission levels and noise levels as laid down by
the statutory authorities. He will similarly observe all norms regarding disposal or treatment of all
types of waste matter and shall be entirely responsible for any claims, damages or penalties in
event of non-compliance. He shall indemnify and keep indemnified the Employer from any and
all claims, damages or penalties and will remain liable for the losses caused to the Employer as a
result of the non-compliance of the said requirements.
3.26. Security and Protection of the Environment
Security provisions:
1) There will be one entry and exit point from the site. These will be manned with security
guards who will note entry and exits of individuals and check all vehicles
2) Site will have a boundary wall done by Employer (contractor make sure no damage to be
happen for boundary wall during construction work)
 3) Labour camp shall only be allowed in one part of the site and there will be an access
control gate to/from the labour camp to the site or as directed by the Employer’s
Representative
4) Security guard(s) will be stationed at entry/exit gate
5) A Separate storage space shall be allocated for the Contractor’s material
6) The Contractor store shall be in ‘lock and key’ at all times when not in use. The custody
of the key shall always be with the Contractor and not with the Employer Security
7) The Contractor will be responsible for security of his material and other resources
8) The Contractor may deploy his own security for safeguarding his material or other
resources
9) The Contractor cannot claim for any compensation for theft, losses or damages to his
material stolen or pilfered from his stores or otherwise or if the material has been
installed at site but not handed over to the employer.
10) The Employer will not take into custody of any material which is in the Contractor’s
scope.
11) All pathways and store, yard area shall be well-lit to ensure proper visibility at night
12) All location issue (Police, BMC, neighbour society complaints etc) to be resolved by
contractor., work should be carried out only as per Bylaws.
The Contractor shall, throughout the execution and completion of the Works and the remedying
of any defects therein:
1) Have full regard for the safety of all persons entitled to be upon the Site and keep the Site
(so far as the same is under his control) and the Works (so far as the same are not
completed or occupied by the Employer) in an orderly and clean state appropriate to the
avoidance of danger to persons
2) Provide and maintain at his own cost all lights, guards, fencing, warning signs and
watching, when and where necessary or as required by the Employer’s Representative or
by any duly constituted authority, for the protection of the Works or for the safety and
convenience of the public or others
3) Take all reasonable steps, to protect the environment on and off the Site to avoid damage
or nuisance to persons or to property of the public or others resulting from pollution,
noise or other causes arising as a consequence of his methods of operation.
4) Ensure safe working condition at Site, like provision of safe means of access/egress,
scaffolding, staging and platforms, transportation of men and material, adequate
lighting/ventilation, safe use of power/compressed air/other services/plant and equipment,
all material handling equipment’s etc.
5) Ensure that all personnel deployed by him at Site are issued with necessary personal
protective items of best quality/appropriate type/duly tested and examined and as per
standard specifications like helmets, safety belts, goggles, respirators, life jackets, life
 buoys with lifeline, etc during working hours. Any defaulters shall be removed from the
place of work immediately.
6) Ensure that he deploys adequate and qualified Engineer/Supervisors/Electricians at Site
and at different locations of work and will be responsible also to ensure that no short
cuts/unsafe methods of work are adopted by the personnel deployed by him. The items of
personal protection shall not be treated as substitute for safe working conditions.
7) Ensure deployment of only qualified drivers, operators, electricians, technicians and
riggers at site for any kind of operation or maintenance related to the machineries,
vehicles, heavy vehicles and lifting machineries including mobile cranes and tower
cranes as per authorization of RTO subject to verification by the Employer’s
representative.
8) Maintain all statutory records and fulfil all obligations stipulated vide different statutes
commensurate with located and type of Work.
9) Ensure that all personnel deployed by him are aware of safe methods of Work. Contractor
shall organize safety training from time to time.
10) Ensure that no person other than the one deployed by him are present on the Site without
adequate safety measures.
11) Be liable to pay compensation/penalty for violation of safety rules and for each accident
so occurred.
12) Any personnel belonging to the Contractor or his sub-contractor(s) entering the site is
required to undergo Safety induction.
The Contractor shall observe all necessary precautions and take all necessary measures to ensure
that its personnel, workers, subcontractors or suppliers as well as equipment and vehicles do not
cause any kind of environmental or noise pollutions at the site and surrounding areas. Emission
levels and noise levels as laid down by the statutory authorities shall be strictly adhered to.
Contractor shall observe all norms regarding disposal or treatment of all types of waste matter if
it is in his scope and shall be entirely responsible for any claims, damages or penalties in event of
non-compliance. Contractor shall indemnify the Employer from any and all claims, damages or
penalties and shall remain liable for the losses caused to the Employer as a result of Contractor’s
non-compliance of the said requirements.
3.27. Fossils
For all fossils, coins, articles of value of antiquity and structures and other objects of interest or
value or remains or things of geological or archaeological interest which may be
found/discovered on the Site, at the commencement or during the progress of Works shall be the
property of the Employer and the Contractor shall
1) Use his best endeavours not to disturb the object and shall cease Work if and insofar as
the continuance of the Work would endanger the object or prevent or impede its
excavation or its removal
2) Take reasonable precautions to prevent his workmen or any other persons from removing
or damaging the object and shall, immediately upon discovery thereof and before
 removal, acquaint the Employer’s Representative of such discovery and precise location
of the article or thing carry out the Engineers instructions for dealing with the same and
3) Carefully take out and preserve all such fossils, antiquities and objects and shall
immediately deliver the same in their discovered state into the possession of the
Employer.
4. Nominated Subcontractor/Vendor(s)
4.1. Nominated Subcontractor/Vendor(s)
For certain quality of goods/services or to get certain specialized works done, the
Employer shall nominate subcontractor/vendor(s). The details such as name (s), scope of
works, rates and payment terms are part of the Special Conditions of Contract. In the
event that the name (s), rates and payment terms are not described at the time of Tender,
the scope of works, estimated rates and likely payment terms shall be detailed in the
Special Conditions of Contract.
It is mandatory for the Contractor to make use of the nominated subcontractor/vendor(s)
for the stated scope of works. The Contractor will need to coordinate with the nominated
subcontractor/vendor(s) and shall be held responsible for all aspects of his scope
including the scope of the nominated subcontractor/vendor(s).
The billing and payment of the nominated subcontractor/vendor(s) shall be handled
directly by the Contractor and the Employer shall not be liable for the same. In the event
that the contractor fails to make payment to the nominated subcontractor/vendor(s) within
the stipulated period including the grace period of 30 days, the Employer has guaranteed
payment to the nominated subcontractor/vendor(s) and shall debit/set-off/adjust the said
amount * 125% to the Contractor. In case of select nominated sub-contractors e.g. certain
MEP contractors, who have partial scope under Employer General Contractor (Employer
GC) and part under the main contractor, the bills will be approved and paid by Employer
– however, the said nominated sub-contractor will be responsible for obtaining pre-
approval of the main contractor on the relevant portions of the bill prior to submission to
Employer. In these cases, warranty and performance issues, post-completion will be
handled directly by Employer.
4.2. Payments to Nominated Subcontractor
It is the responsibility of the Contractor to pay the bills, in a timely manner, of the
Nominated Sub-Contractor less applicable deductions for retention or otherwise. In the
event that the Contractor has not paid the Nominated Subcontractor, the Contractor shall
provide in writing a clarification to the Employer the reasons for withholding any
amounts of the Nominated Sub-Contractor. The Contractor shall also provide evidence to
the Employer that the same has been communicated to the Nominated Sub-Contractor
and that they have taken the efforts to amicably resolve the issue. Provided however, that
in the sole discretion of the Employer, if such amounts are due and payable to the
Nominated Sub-Contractor, the same may be paid, entirely or in part, by the Employer to
the Nominated Sub- Contractor on behalf of the Contractor and the Employer shall be
entitled to recover such amounts * 125% from the Contractor and shall have a right to
 set-off/adjust such amounts from any amounts payable by the Employer to the Contractor
and further, the Contractor hereby indemnifies the Employer in this regard.
4.3. Observance by Sub-Contractors
The Contractor shall be responsible and liable for the observance by the sub-Contractors
employed/engaged by him in the execution of this Contract of the provisions hereof and
applicable laws, rules and regulations.

4.4. Preferred Sub-contractor/Vendor(s)

The Employer may issue a list of preferred sub-contractors/vendor(s) for the defined
scope of works under the agreement. The Employer has pre-agreed rates or price
mechanism with these preferred sub-contractors/vendor(s). The contractor is free to take
services/material from any entity other than the preferred sub-contractor/vendor(s), as
long as the rates are at/below mentioning the benchmark rate defined under Special
Conditions of Contract and the quality is approved by the Employer. There shall be no
compulsion for the main contractor to use the preferred sub-contractor/vendor(s) if the
rate and quality requirements are met by the main contractor’s chosen
sub-contractor/vendor(s). In other words, the main contractor has the choice but not the
obligation to buy from the preferred sub- contractor/vendor(s), as long as the rate and
quality terms are fulfilled. The Contractor may choose to procure services/materials from
the preferred sub-contractors/vendor(s).
The contractor shall directly deal with the preferred sub-contractor/vendor(s) save and
except rate and payment term negotiation. The main contractor will be fully responsible
for all aspects of his scope include the scope of the preferred sub-contractor/vendor(s).
The Contractor shall pay directly to the sub-contractors/vendor(s). In case, the Contractor
fails to make such payments, the Employer shall directly pay the sub-contractor/vendor(s)
and debit 125% of the applicable amount from the Running Account Bill.
4.5. Coordination with other Contractors
The Employer’s Representative reserves the right to use any portion (s) of the site for the
execution of any works not included in this Contract which may be carried out by other
persons simultaneously, and the Contractor shall allow all facilities for the execution of
such Works, but shall not be required to provide any plant or material for the execution of
such Work except by special arrangement with the Employer. Such Work shall be carried
out in such manner as not to impede the progress of the Works included in the Contract.
The contractor shall allow for and be bound to co-ordinate with other vendors/contractors
working on and adjacent to his works so as not to disrupt other contractors commencing,
carrying out or completing the work in accordance with the master programme. The
contractor may only in exceptional circumstances remove or replace the protection of
other contractor and must obtain permission to do so in advance from the construction
5. Staff and Labour
5.1. Engagement of Staff and Labour
The Contractor shall, unless otherwise provided in the Contract, at his own cost, make his
own arrangements for the engagement of all staff and labour local or other, and for their
payment, housing, feeding, security and transport.

5.2. Fair Wages

The Contractor shall in respect of all persons employed by him in the Site, factories,
workshop or other places occupied or used by him for the execution of the Contract
including the Works, pay rates or wages, emoluments and expenses and observe hours
and conditions of labour not less favourable than those established for the particular trade
or industry in the district where the Works is carried out to which the organizations of
employers and trade unions Representatives or a substantial proportions of the employers
and workers engaged in the trade or industry in the district are affiliated and the same
shall be in line with the locally applicable laws pertaining to minimum wages.
In the absence of such established rates and conditions the Contractor shall pay rates or
wages and observe hours and conditions of labour which are not less favourable than the
general level of wages, hours and conditions observed in the trades or industries similar
to those in which the Contractor is engaged.
The Contractor shall comply with the provision of all labour legislation including the
latest requirements of all the Acts, Laws any Regulation or Bylaws or any local or other
statutory Authority applicable in relation to the execution of Works, including but not
limited to:
1) Minimum wages Act, 1948 (Amended)
2) Provident Fund Act
3) Factories Act
4) Micro, Small & Medium Enterprises as per MSMED Act, 2006
5) Payment of Wages Act, 1936 (Amended)
6) Workmen’s Compensation Act, 1923 (Amended Act No. 65 of 1976)
7) Contract Labour Regulation & Abolition Act, 1970 and Contract Labour
(Regulation and Abolition) Central Rules 1971 (Amended)
8) Apprentices Act 1961.
9) Child Labour (Prohibition and Regulation) Act, 1986 Building and Construction
Workers (Regulation of Employment and Conditions of Service) Act, 1996 and
Building and Construction Workers Welfare Cess Act, 1996
10) Any other Act including E.S.I.C. or enactment relating thereto and rules framed
there under from time to time.
 Further, the Contractor will, at all times ensure and certify from time to time, in the form
and manner requested by the Employer that none of the workers/staff/personnel
employed in connection with the Project/Work are Illegal Immigrants. The Contractor
alone shall be responsible for taking appropriate steps with regard to the identity of
workers employed and shall be liable for all the costs and damages that may arise in
connection with engaging and/or employing Illegal Immigrant(s). For the purpose of this
Clause the term “Illegal Immigrant” shall mean a person who is not a citizen of India and
does not possess valid and subsisting working permit/license enabling him to work or be
employed in India for a fee/salary or otherwise.
The Contractor shall indemnify the Employer against payments to be made under and for
the observance of inter alia the laws/requirements aforesaid. The regulations aforesaid
shall be deemed to be part of the Contract and any breach thereof shall be deemed to be a
breach of the Contract. On a random basis the employer shall be entitled to ask for the
proof of adherence to the above regulations and upon demand the contractor to submit the
necessary proof within 15 days of such demand and failure to submit shall be deemed to
be breach of Contract.
At the time of award of contract, the Contractor shall provide to the Employer an
Affidavit in the standard format provided by the Employer stating the above if such an
affidavit is required by the Employer.
5.3. Persons in Service of Employer
The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst the
Employer’s personnel.
The Contractor shall furnish the employer all necessary details about its labour and other
personnel employed on the project as and when required by the Employer in compliance
with the above requirements. The Contractor is required to submit a true statement on a
quarterly basis along with bill evidencing inter alia the provisions of Employees
Provident Fund, Employees State Insurance Corporation under the Employees State
Insurance Act, 1948, The Child Labour (Abolition and Rehabilitation) Act, 2006 &
acts/directives dealing with immigrant labour, the number of laborers employed by him,
their working hours, wages paid, accidents that have occurred showing the circumstances
under which they have happened and the extent of damage and injury caused, number of
female workers who have been allowed maternity benefit and the amounts paid to them.
5.4. Restriction on Working Hours
All construction activity to be carried out as per permitted MCGM working hours.
None of the Works shall be carried out during the night or on locally recognized days of
rest/holidays without the consent of the Employer’s Representative except when Work is
unavoidable or absolutely necessary for the saving of life or for the safety of the Works,
in which case the Contractor shall immediately advise the Employer’s Representative &
seek his approval.
In case the Contractor is required to carry out the works in the night due to certain
reasons, he shall do so only after requesting for and receiving the written approval of the
Employer’s Representative. In such cases, the Contractor will submit to the Employer’s
 Representative the details of labour and other resources which he intends to deploy in the
night shift. Sufficient lights shall be provided to safeguard the workmen and the public
and to afford adequate facilities for proper placing and inspecting the material when night
work is in progress. In any case the noise level should be restricted as per the prevalent
regulations. A standby vehicle should be deployed to meet with emergencies. In the event
of any casualties occurring at the site during day work or night work should be reported
to the employer and statutory bodies as deemed essential and necessary. Any hot works
to be carried out during the night should have special prior approval during the day. No
separate claims in respect of night work will be admissible by the Contractor.
5.5. Accidents
The Contractor shall immediately on occurrence of any accident at or about the Site or in
connection with the execution of the Work report such accident to the Employer’s
Representative. The Contractor shall also report such accident immediately to the
competent authority whenever such report is required to be lodged by law & take
appropriate actions thereof, after due consultation with the Employer.
5.6. Epidemics
In the event of any outbreak of any illness of an epidemic nature the Contractor shall
comply with and carry out such regulations, order and requirements as may be made by
the Government or the local medical or sanitary authorities for the purpose of
overcoming the same.
5.7. Contractor’s Superintendence
Throughout the execution of Works, and as long as thereafter as is necessary to fulfil the
Contractor’s obligations, the Contractor shall provide all necessary superintendence to
plan, arrange, direct, manage, inspect and test the work.
Superintendence shall be given by a sufficient number of persons having adequate
knowledge of the language for communications and of the operations to carried out
(including the methods and techniques required, the hazards likely to be encountered and
methods of preventing accidents), for satisfactory and safe execution of works.
5.8. Contractor’s personnel
The Contractor shall provide on the Site in connection with the execution and completion
of the Works and the remedying of any defects therein:
1) Only such managerial and supervisory personnel who are experienced and
competent and who have been approved by the Employer.
2) Only such technical assistants, as are skilled and experienced in their respective
calling and such foremen and leading hand, as are competent to give proper
superintendence of the Works, and
3) Such skilled, semi-skilled and unskilled labour as is necessary for the proper and
timely fulfilling of the Contractor’s obligations under the Contract.
 4) All workers working inside the site should be 18 years or above and
child/children are not allowed inside the sites.
Unauthorized persons shall not be allowed on the Site. The Contractor shall instruct all
such persons to keep out and shall take steps to prevent trespassing. The Contractor shall
ensure that police verification of the employees/personnel/workmen has been obtained at
his own costs and expenses and shall provide the necessary documents to the Employer
on a monthly basis. Notwithstanding such approval by the Employer, if any
personnel/labor is found to have inadequate skills to execute the work, the Contractor
shall substitute such personnel/labour within two days from the date of written notice
from the Employer. Failure by the Contractor to obtain the approval of the Employer or
failure to deploy adequate/trained personnel will attract compensation to be paid by the
Contractor to the Employer at the rate/penalty as specified in the Special Conditions of
Contract. The decision of the Employer as to whether particular personnel possess
requisite skill and the amount of compensation in case of default shall be final and
binding.
5.9. Identification Badges
The Employer will provide to each and every person who will be working on site, an
Identification badge. The Contractor is responsible for ensuring that all workmen and
other personnel employed/sub Contracted by the Contractor have obtained such badges.
All the workmen and employees shall display their badges on their person so that the
badges are clearly visible for easy checking by the gateman as they enter the site. No
employee of the Contractor, without a badge will be permitted to enter the premises of
work, except in such cases, where special written permission of the Employer’s
Representative is obtained. The Cost of the badges (if provided by employer) will be
charged to the Contractors based upon an agreed fee per badge. In the event that the
personnel/workman/sub- contractor is terminated, it shall be the responsibility of the
Contractor to ensure that the badge/s is returned to the Employer and the Contractor
hereby indemnifies the Employer from any misuse in this regard.
5.10. Disorderly Conduct
The Contractor shall at all times take all reasonable precautions to prevent any unlawful,
anti-social, riotous or disorderly conduct by or amongst his or his Sub Contractor’s
employees and for the preservation of peace and protection of the Site, the persons and
property in the neighbourhood of the Works against the same and the Contractor shall not
interfere with member of any authorized Police Force who shall have free and undisputed
access at all times to any part of the Works in the execution of their duties.
The Contractor will also ensure that all the employees, labor and other personnel
employed by him either directly or otherwise, will abide by the security and access
arrangements made by the Employer.
The Contractor shall also ensure that in case of any charges of theft/robbery against the
employees or other workmen or subcontractor employed by the Contractor, the concerned
employees or workmen are made available for any enquiry to be conducted by the
Employer through a duly constituted committee or conducted by any public authority.
 The same shall apply to any employees or workmen employed by any of the Contractor’s
Sub-Contractors.
5.11. Festivals & Religious Customs
The Contractor and Sub-Contractor’s agents and employees shall in all their dealings
with their workmen and laborers for the time being employed on or in connection with
the Works, have due regard to all recognized festivals and religion & other customs and
are allowed to take leave on the days as per the holiday list approved by the Employer.
5.12. Illegal Migrants
As per Clause 5.2 above.
5.13. Reimbursable Travel Expenses
In case any travel under the contract is reimbursable by the employer it will be governed
by the employers’ prevalent travel policy.
6. Scope of Work
6.1. Contractor’s Equipment, Temporary Works and Materials
All Contractor’s Equipment, temporary Works and materials provided by the Contractor
shall, when brought on to the Site, be deemed to be exclusively intended for the
execution of the Works and the Contractor shall not remove the same and/or any part
thereof without the consent of the Employer’s Representative, except for the purpose of
moving it from one part of the Site to another, Where the value of any such Plant or
materials has been included in any certified Running Account under which the amount
properly due to the Contractor has been paid by the Employer, such Plant and materials
shall become the property of the Employer unless specified otherwise in writing.
6.2. Employer not Liable for Damage of Contractor’s Equipment
The Employer shall not at any time be liable for the loss of or damage to any of the said
Contractor’s Equipment, Temporary Works or materials.
6.3. Contractor’s Equipment Watch and Ward
Watch and ward in respect of all plant and equipment, machinery, material including
plant and equipment, machinery and material supplied by the Employer for use in work
shall be the Contractor’s sole responsibility. The contractor shall be liable to return all
plant, equipment and equipment supplied by the employer at the completion of works in
good working condition except normal wear tear, except where the life of the equipment
is deemed to be less than the duration of the works by the employer. Any damage, theft,
loss and/or pilferage occurring within the Contractor’s work site involving the
Contractor’s materials, plant & equipment or any part of the works shall be the sole
responsibility and liability of the Contractor and the Contractor hereby indemnifies the
Employer in this regard. Further, the Employer shall have a right to set-off/adjust any
such amounts from the amounts payable by the Employer to the Contractor.
The Contractor shall in connection with the Works provide and maintain at his own cost
adequate lights, guards, fencing, warning signs and watch and ward staff when and where
 necessary or as directed by the Employer’s Representative or as directed by duly
constituted authority for the protection of the works or for the safety and convenience of
the public or others. The Contractor shall further ensure that all the personnel
employed/sub Contracted by him are adequately trained in safety procedures and all the
Plant and Equipment used are certified as safe for usage. The operators for the plant and
equipment need to be pre-approved by the employer.
6.4. Conditions of Hire of Contractors Equipment
With a view to securing in the event of Termination under GCC Clause 14.3
[Termination] the continued availability, for the purpose of executing the Works, of any
hired Contractor’s Equipment, the Contractor shall not bring on to the Site any hired
Contractors Equipment unless there is an agreement for the hire thereof, which contains a
provision that the Employer of the equipment thereof will on termination of the Contract
with the Contractor and on Employer giving undertaking to pay all hire charges in respect
thereof from such date of termination, hire such 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 executing and completing the Works and remedying any defects
therein, under the terms of the said GCC Clause 14.3 [Termination]. In the event of the
Employer entering into any agreement for the hire of Contractor’s Equipment, all sums
properly paid by the Employer under the provisions of any such agreement and all costs
incurred by him (including stamp duties) in entering into such agreement shall be
deemed, for the purpose of GCC Clause 14.3 [Termination] to be part of the cost of
executing and completing the Works and the remedying of any defects therein.
6.5. Incorporation of Equipment’s Clause in Sub Contracts
The Contractor shall, where entering into any Subcontract for the execution of any part of
the Works, incorporate in such Subcontract (by reference or otherwise) the provisions of
this Clause in relation to Contractor’s Equipment, Temporary Works or materials brought
on to the Site by the Sub Contractor.
6.6. Materials by Contractor
The Contractor shall procure all the required material as required for the Works unless
specified otherwise. All such materials shall be in conformity with the specifications laid
down by the Employer.
6.7. Deleted
6.8. Performance Guarantee
If required by this Contract, the Contractor shall furnish to the Employer within 15 days
of release of the Letter of Intent/Contract, a Performance Guarantee by way of an
irrevocable and unconditional Bank Guarantee issued by a Bank mutually agreed by the
Parties for a value equal to 7.5% of the total Contract Value and valid for the period up to
the date of completion (as per contract duration) plus 6 (Six) months. In the event that the
work under the present scope gets extended beyond the stipulated completion time, the
Contractor shall forthwith extend the validity of the aforesaid Bank Guarantees placed to
such time or period then envisaged for completion plus 6 (Six) months.
 If the said renewed guarantee, in a form and manner similar to the guarantee provided
earlier, is not handed over to Employer at least 60 days prior to the expiry of the
guarantee, the employer shall be entitled to invoke the guarantee, notwithstanding
anything to the contrary contained in the contract and/or the guarantee.
In the event that the Special Conditions of Contract provide for another form of
Performance Guarantee, then the same shall be provided by the Contractor in lieu of
Performance Bank Guarantee as stated above.
6.9. Mobilization Advance
No Mobilization advance shall be paid to the contractor
6.10. Monthly Statement
The Contractor shall submit to the Employer after the end of each month two copies, each
signed by the Contractor’s representative, of a statement/Running Account bill (R.A.
Bill), in such form as the Employer may from time to time prescribe, for the up to the end
of the month in respect of:
1) The value of the Permanent Works executed and accepted by the Employer
2) Any other items in the Bill of Quantities including those for Contractor’s
Equipment, Temporary Works, and day Works, and the like.
3) Variations and Adjustments as per GCC Clause 13 [Variation and Adjustment]
4) Adjustments for difference in price of Basic Rate Materials as stated under
“Special Conditions of Contract”
5) Any other sum to which the Contractor may be entitled under the Contract
All payments to the Contractor will be made against these monthly Running Account
Bills (R.A Bills) to be raised by the Contractor. All bills to be submitted by the
Contractor shall be Tax Invoices clearly mentioning the GST amount. The Contractor
will raise a maximum of 1 (One) R.A bill per month. Upon demand by the employer the
contractor will be required to submit the entire account statement for the contract for
reconciliation purpose. The contractor to submit the statement as below
1) For period April to September – to be submitted in October
2) For period October to March - to be submitted in April
If any adhoc payments are to be made against submission of bill, prior to final
certification of the bill, shall be stopped/discontinued if it is found that the submitted bills
exceed the actual certified bills by a significant amount on a repeated basis. Any extra
payment made due to over inflation of bills will be recovered along with an interest of
18% per annum for the total outstanding period from date of payment to date of recovery.
6.11. Adherence to Statutory Tax Payments
The contractor shall ensure adherence to the various statutory tax laws (including but not
limited to Income tax, GST etc) and ensure payment of all dues/obligations arising out of
this contract in timely manner.
 1) The Contractor shall submit self-certified true copy of GST, Income tax etc.,
details/listing of invoices raised on the Employer (in specific) and companies
other than the Employer duly matched with gross sales turnover/gross invoice
value as per returns & copy of tax paid challan matching with filed returns. GST
returns/tax paid challan along with details should be submitted to the Employer
on every month and GST returns/tax paid challan along with details should be
submitted on every quarter.
2) In case of non-submission of these documents as per requirement or non-
payment of tax dues, the Employer shall be forced to hold the contractor payment
equivalent to the GST, Income tax amount charged in the invoices till submission
of the documents and tax paid challan towards the tax dues.
3) For contractor who have not been employed by the Employer before, amount
equivalent to tax claimed by contractor in the invoice will be held by the
Employer until the contractor submits following documents to Employer. along
with the copy of invoice for processing their payment towards the withheld tax
amount:
a. Self-certified copy of returns,
b. Details/listing of invoices raised on the Employer (in specific) and
companies other than the Employer duly matched with gross sales
turnover / gross invoice value as per returns,
c. Copy of tax paid challan matching with returns
4) Payment shall be released only after satisfactory verification of the taxes claimed
by the contractor along with documents.
The Contractor shall be required to provide all documents / returns / challans etc.
(“documents”) which may be required for the purposes of any assessment / scrutiny of
the Employer by any tax authority for a period of up to 8 years from the date of rendering
of the service / supply of material or labour. In the event that such documents are not
provided within 15 days of written request to do so (by email / letter / equivalent), the
Contractor shall be responsible for all consequences arising from not providing such
documents including, but not limited to, any tax, interest and penalties that arise as a
consequence thereto.

6.12. Retention & Defect Liability Period

5% of the bill amount in every R.A bill will be retained by the Employer. The Defect
Liability Period (DLP) is stated in the Special Conditions of Contract.
The work shall be guaranteed by the Contractor against the poor quality of material or
poor workmanship during the period of contract and during the guarantee/warranty
period. Should any defects occur for aforesaid reasons, the Contractor shall repair the
same to the satisfaction of the employer’s representative free of cost to the satisfaction of
the Employer’s representative. The cost of all rectification of finishes over and above the
rectification of work will be absolutely borne and paid by the Contractor. If in case, the
 Contractor fails to rectify the defects, the cost of such rectification of finishes over and
above the rectification of Civil Work (maximum of 15% of Work Order value) * 125%
overheads & incidental costs will be debited to the Contractor from retention amount or
any amounts payable to the Contractor under any other agreement.
On completion of all work under the scope of this Contract and the issue of the Taking
Over certificate by the Employer, 50% of retention amount retained may be released, at
the sole discretion of the Employer, to the Contractor against an irrevocable and
unconditional Bank Guarantee of equivalent amount, issued by a Nationalized Bank or
Scheduled Bank or any other bank approved by the Employer valid till end of Defect
Liability Period. The balance retention amount shall be released after completion of
Defect Liability Period against submission of Bank Guarantee for like amount for a total
period of ten years after virtual completion of work. .

6.13. Contra Charges

In case of works done or defects remedied by the Employer on behalf of the Contractor
due to the inability or the unwillingness of the Contractor to carry out the same as per the
terms of the Contract, without prejudice to the other rights and remedies of the Employer,
the amount to be debited to the Contractor from the monies due will be calculated as Cost
incurred x 125% for the different categories of such works/rectification:
1) Employing extra resources (labour/material/equipment) by the Employer to get
works done which was in the Contractor’s scope
2) Completion of works through third parties where the same was in the
Contractor’s scope and was left incomplete by the Contractor
3) Remedy/Rectification of poor-quality work which was in the Contractor’s scope
4) If the work done by Contractor is not ‘really’ repairable fully but still has to be
accepted due to practical reasons. The estimated ‘loss’ to the Employer shall be
assessed by the Employer taking into account the long-term ramification of the
work quality
5) Any other works where the work done was in Contractor’s scope
6) Any amounts spent in relation to issues related to Contractor’s noncompliance
with statutory
provisions/laws in case of works done by Employer on behalf of contractor for:
1) Employing extra resources (labour/material/equipment) to get works done as
required.
2) Getting incomplete work in contractor’s scope completed.
3) Getting poor quality work in contractor’s scope redone/repaired.
4) Any amounts spent in relation to issues related to contractor’s compliances with
statutory provisions/laws.
 5) Noncompliance with Employer’s policies, which are required to be complied
with by the contractor as per the contractual obligation
6) When facilities provided by the Employer get misused or unduly extended
beyond the period, they were agreed for
7) When any action or lack of it on the part of contractor or his personnel results in
theft, pilferage or fraudulent use of Employer’s material
The actual amount spent on 1 to 7 shall be included as debit to the contractor by
Construction Management with value of debit being ‘Actual cost incurred * 125%’.
Contractors shall be provided copy with debit note for each debit at the time of payment
of the bill in which the debit is made to the Contractor.
6.14. Site to be kept tidy
The Contractor shall keep the Site and all working areas in a tidy and workmanlike
condition and free from rubbish and waste materials. Any temporary works, construction
equipment, materials or other things which for the time being are not required for use by
the Contractor may, with the consent of the Employer’s Representative, be removed from
the Site but otherwise shall be dispersed about the Site in an orderly fashion and shall be
properly and securely stored thereon. In case of noncompliance the contractor will be
issued a notice. If the contractor does not respond within 72 hours the Employer will have
the right to carry out the works on behalf of the contractor.
6.15. Safe Custody
Storing and safe custody of the materials required for work, procured either by the
Employer or by the Contractor shall be the sole responsibility of the Contractor and the
Employer shall not be liable for any loss, theft and/or pilferage of the same. In the event
that the Contractor is supplying any equipment or machinery, he shall submit the packing
list for the same at the time of delivery of the same. The receipt of materials shall be
checked jointly by the Representatives of the Contractor and the Employer.
6.16. Mobilization of Contractor’s Plants, Equipment’s, Personnel etc.
The Contractor shall be timely mobilizing to the site adequate plant and machinery and
shall provide necessary supervision for fulfilment of the Contract and timely completion
of the job as per the requirement and construction schedule. The Contractor will furnish
the list of plant and equipment’s (specifying brand, specifications and year of
manufacturing) and the resources proposed to be mobilized for timely completion of the
project. Pre-approval of the Employer’s representative is mandatory before mobilization
of any plant and equipment to the site. All the plant and equipment mobilized at the site
will be as per guidelines in the Special Conditions of Contract.
6.17. Transportation/Loading/Unloading/Handling/Storage of Materials
For all materials procured by the Contractor, the Contractor will have to make his own
arrangements at his cost for handling, loading transporting, and unloading of the
materials. In case of the free issue of the material by the employer, this will be issued
from Employers store location or from transport vehicle at project site. Beyond this
location, all shifting, loading, unloading, transporting cost needs to be borne by the
contractor. The Contractor will be held responsible and liable for any loss, theft, pilferage
and/or damage that might occur to such Employer’s materials. Any such materials
supplied by the Employer remaining unused shall be returned to the Employer in as good
a condition in which they were originally supplied at the place directed by the Employer.
While executing the work, considerable amount of shifting and re-shifting of several
materials/furniture items are likely to be involved. It is also likely that some of the items
might be required to be temporarily shifted elsewhere in the premises on any other floors.
The Contractor shall do these, and no payment against these works shall be separately
paid by the Employer/Employers.
Movement of goods into the site shall be only with prior permission of the Employer’s
Representative. The Contractor will adequately plan such movements in advance and log
the same in any format/system that may be used by the Employer for such purposes.
Certain material which has a shelf life for the consumption, the contractor will be
required to ensure consumption of the same during the usable life period for the work.
Any Employer issued material which has been not used prior to expiry of the shelf life,
Employer will have right to debit the landed cost of the material including contra charges
towards recovery of the same.
All materials shall be stored in a manner to ensure continuous protection against any
damage. It shall be the sole responsibility of the Contractors to ensure security and safety
of their materials. Contractors should construct a proper Store with all safety measures
under lock and key for safe custody of their properties. Adequate number of Security
personnel should be deployed at their Stores by the Contractors at their cost to ensure
proper security of materials. The custody of key of the store should be with the
Contractor only. Any material issued/handed over to the Contractor by Employer CM
team during construction also falls within the meaning of Contractors’ material. No claim
will be entertained and/or compensation granted by Employer for any loss/damage of
contractors’ materials from the Stores or during fitment stage due to any reason or
ground, whatsoever, including theft/pilferage. It shall be the exclusive responsibility of
the Contractor to ensure that any finishing work involving materials which are likely to
be stolen (copper based items, CP fittings, electrical cables etc.) are properly monitored
during installation and adequate Security personnel deployed under their scope and cost
for security of the fitments till handed over to Employer CM team.
a) No extra payment shall be made to the Contractor for handling, loading, transporting
and unloading of materials to the Contractor's store or Work Site.
b) The Contractor shall submit the quarterly requirement of above materials at least one
month in advance to the employer.
c) All materials supplied to the Contractor shall be used for permanent Works only and
shall on no account be removed from the Site and shall at all times be open to inspection
by Employer.
In case any discrepancies are noticed between certified consumption and balance stock
position, the recovery for deficit quantities shall be chargeable to the Contractor as per
Employer norms.
d) All surplus materials provided by Employer on free issue basis shall be returned to
Employer in good condition. The decision of Employer as to whether the material is in
good condition or not shall be final and binding on the Contractor.
e) Contractor shall submit reconciliation reports of the free issue materials on monthly
 basis to Employer.

6.18. Delivery of Materials & Equipment

Unless the Employer’s Representative shall otherwise direct, no material shall be
delivered to Site until the Employer’s Representative shall have issued, in respect of such
material, a Certificate of Testing. Likewise, Fabrication Materials or Contractor’s
Equipment shall be delivered to Site only upon an authorization in writing applied for and
obtained by the Contractor from the Employer’s Representative. The Contractor shall be
responsible for the reception on Site of all Materials and Contractor’s Equipment
delivered for the purposes of the Contract.
6.19. Free Supply (FS):
Supply of this material is not included in the quote of the contractor. This material:
1) To be ordered by Employer.
2) To be paid for by Employer.
3) Supply chain & delivery to be managed by Employer.
4) To be handled at site by Employer till such time that the material is issued by
Employer to the contractor.
5) Reconciliation of quantities is needed and any issue by Employer over the
estimated quantity (including permissible wastage) is debited to the contractor at
cost * 125%.
The free issue materials, if any, shall be kept in the designated storage area at site. The
collection, unloading, handling, shifting, security and storing of the material shall be
Contractor’s responsibility.
The contractor shall notify the Employer for requirement of Free Supply material with
sufficient notice period so that no delay is caused to the work due to non-supply of such
material. The specific notice period shall be agreed to between the Employer and the
Contractor.

6.20. Descope Penalty

If work awarded to the Contractor is de-scoped for any valid reason attributable to
contractor,there would be a penalty of 5% of the de-scoped Contract Value. The
Employer may, without prejudice to any other method of recovery, deduct the amount of
such Final Completion Penalty from any monies due or to become due to the Contractor
under the Contract or the Employer may recover the same from the Contractor as a debit.
7. Drawings
7.1. Adherence to Drawings & Specifications
The work shall be strictly in accordance with the drawings & specifications given in the
tender document and approved by the Employer’s Representative. The Contractor has to
prepare necessary shop drawing (in accordance with the contract) for approval of the
Employer’s Representative before commencement of the work.
7.2. Custody and Supply of Drawings and Documents
The drawings shall remain in the sole custody of the Employer’s Representative, but two
copies thereof shall be provided to the Contractor free of charge. The Contractor shall
make at his own cost any further copies required by him. The Drawings, Specifications
and other documents provided by the Employer or the Employer’s Representative to the
Contractor shall not, without the consent of the Employer’s Representative, be used or
communicated to a third party by the Contractor for any purpose other than this Contract.
In case of Contractor not abiding to this condition, then the Employer’s Representative
shall be entitled to, without prejudice to other rights and remedies, issue a notice
informing of his decision to penalize the Contractor by forfeiting the Retention Money
lying with the Employer.
Upon issue of the Final Completion Certificate, the Contractor shall forthwith return to
the Employer’s Representative all Drawings, Specification and other documents provided
under the Contract and shall also give a declaration (in the format specified by the
Employer) to the Employer’s Representative that all Drawings, Specification, descriptive
schedules and other documents of a like nature have been returned. The Employer shall
not release the final payment until receiving a confirmation from the Employer’s
Representative confirming the return of all Drawings, Specification and other documents
provided under the Contract by the Contractor.
The Employer may also choose to supply the drawings and other documents through an
online document management system. This will necessitate that all the coordination work
on the drawings including RFIs, Change requests etc. will need to be made by the
Contractor through the online system. The Contractor will ensure that his personnel are
trained in usage of the system and adhere to the guidelines as directed by the Employer’s
Representative. The Contractor shall co-ordinate with other agencies/Employer’s
Representative/Architect appointed by the Employer for preparation of
Drawings/execution of work at his own cost.
All intellectual property rights regarding the drawings shall vest with the employer and
shall not be encroached upon by the Contractor.
7.3. One Copy of drawing to be kept on Site
The Contractor shall at all time maintain one copy of all approved Drawings at the Works
Site and the Employer/Employer’s Representative shall have access to the same. Before
the issue of the Final Completion Certificate to the Contractor, the Contractor shall
forthwith return to the Employer Representative all Drawings and Specifications and
shall issue a declaration to that effect as per the relevant clause.
7.4. Notification of Future Design and Drawings
The Contractor shall give not less than 4 weeks’ time written notice to the Employer
whenever planning or progress of the Works is likely to be delayed or disrupted due to
non-issuance of any Drawing or order, including a direction, instruction, or approval that
needs to be issued by the Employer’s Representative. The notice shall include details of
the Drawing or order required explaining why and by when it is required and of any delay
or disruption likely to be suffered if the same is delayed.
7.5. Contractor to Check Drawings
During execution of Works, the Contractor must check that his Work is in accordance
with the Drawings. The Contractor shall be responsible for all the errors in this
connection and will have to rectify all defects at his own cost, failing which the Employer
reserves all right to get the same rectified from a third party at the risk and cost of the
Contractor and all costs incurred in connection with the same
*125% may be deducted/adjusted by the Employer from any monies due or to become
due to the Contractor or may be recoverable from the Contractor by the Employer as debt
and the Contractor hereby indemnifies the Employer in this regard. At the time the
drawings are provided to the Contractor, the Contractor must check the drawings and
point out any errors which, in its opinion, might be there in the same and which may
affect the duration and quality of the work within 3 days of receipt of the drawings.

7.6. Contractors Shop Drawings

Shop drawings shall be submitted by the Contractor for review by the Employers/its
consultants prior to execution of the related works. Such drawings shall be reviewed by
the Employers/its consultants and comments/suggestions are to be incorporated by the
Contractor into its design. However, it is clarified that in all such cases, the Contractor is
responsible for the design and execution of the works and any review/approval by the
Employers/its consultants shall be a limited review and the Contractor shall be solely
responsible for the successful execution and operations of the works in its scope. The
Employers/its consultants shall have no responsibility whatsoever for the said works or
their technical correctness/safety/execution process etc.
7.7. Scaling of Drawings
Manual scaling on the drawings issued to the Contractor for the works will not be
permitted. Any dimension that is required to be derived from the drawings will need to be
verified by the Contractor with the Employer’s Representative.
7.8. As Built Drawings
Wherever applicable the Contractor shall submit 6 copies of each of the “As Built”
drawings along with soft copies within 30 days of completion of works. Final payment
shall not be released until “As Built” Drawings are submitted and accepted by the
Employer’s Representative.
 For any part of the works that are designed by the Contractor, he shall also submit 3 sets
of the approved Shop Drawings within 30 days of completion of the work for which the
Drawings were made. Final payment shall not be released until these Drawings are
submitted and accepted by the Employer’s Representative.
7.9. Supplementary Drawings and Instructions
The Contractor shall be wholly responsible for carrying out and completing the said
Work in every respect in accordance with this Contract using materials and workmanship
of the quality and standards specified and with the directions of and to the satisfaction of
the Employer/Employer’s Representative. The Employer/Employer’s Representative may
in his absolute discretion and from time to time issue further Drawings and/or written
instructions, details, directions and explanations which are hereafter collectively referred
to as “Instructions of the Employer’s Representative” in regard to:-
1) The variation or modification of the design, quality, or quantity of items of
Works or the addition or omission or substitution of any item.
2) Any discrepancy in the Drawings or between the Bill of Quantities and/or
Drawings and/or specification.
3) The removal from the Site of any material brought thereon by the Contractor and
the substitution of any other material therefore.
4) The removal and/or re-execution of any Works executed by the Contractor.
5) The dismissal from the Works of any persons employed thereupon.
6) The opening up for inspection of any Work covered up.
7) The amending and making good of any defects under GCC Clause 14.6
[Determination of Contract] hereof.

The Contractor shall forthwith comply with and duly execute any such Work as per
Engineer’s/Architect instructions provided always that verbal instructions, directions and
explanations given to the Contractor or his Representative upon the Works by the
Employer’s Representative shall, if involving a variation, be confirmed in writing by the
Contractor within seven days, and if not dissented in writing within a further seven days
by the Employer’s Representative’s, such instructions shall be deemed to be Employer’s
Representative’s instructions within the scope of the Contract.
8. Plant, Material and Workmanship
8.1. Plant and Equipment
The contractor shall be solely responsible for providing and operating all equipment,
tools and implements (save and except those that the Employer has specifically agreed to
provide as per the terms of this Contract) which are required for the implementation of
the contracted works as per the schedule stated in the contract and as per the quality
standards acceptable to the Employer. In case of any dispute in this matter, the decision
of Employer's Director/Partner shall be binding on all parties. In the event that the
 Contractor fails or neglects to provide and/or operate the said equipment(s), tool(s) and
implement(s) as required, same shall constitute a default on part of the contractor and the
consequences as laid out in this contract shall follow.
Apart from the machineries and equipment mentioned in the Special Conditions of the
Contract, the Contractor shall bring, at his costs and expenses, all other tools, tackles,
equipment etc., at site for smooth progress of work. Other equipment’s, plants, machines
as required for completion of structure work as per agreed schedule shall be deployed by
the Contractor in addition to the above-mentioned equipment’s. None of the equipment’s
and materials shall be removed or shifted to any other place from the site without the
permission of the Employer’s representative either during the course of construction or
upon completion of the same. The Contractor shall furnish to the Employer a complete
list of Plant and equipment proposed and required to be deployed at site for the execution
of works.
For any equipment in Contractor’s scope, contractor has to ensure its certification by the
approved third party along with its Insurance cover (Third Party Inspection to be done at
the interval of one year. Third Party Inspection for all man and material hoists (or any
person carrying machines) to be done every six months or after every change of location
or after any major repair or major structural changes). Scaffolding if used shall be erected
by trained erectors. Scaffolding inspection shall be done by competent 3rd party certified
supervisor.

1. All equipment to the maximum extent possible will be run on non-electricity-

based fuel. Electricity driven equipment will be allowed only if there is no
alternative feasible option is available in market.
2. All major welding loads should be inverter based.
3. The contractor will submit a schedule of the proposed electric equipment to be
used along with the expected duration of use and hence the power load demand.
All ELCB/RCCB should be not more than 30mA rating.
4. Power distribution panel: The power distribution panel will be in the scope of the
Contractor for FML contracts and will be provided by Employer in case of
Labour Contracts.
8.2. Identification tags for Materials
The material should be stacked properly and shall have the identification tags with receipt
date and any other details as directed by the Employer’s Representative.
8.3. Quality of Materials & Workmanship & Test
Materials and workmanship shall be as per the agreed specifications and makes and in
general shall be the best of the respective kind described in the Contract and in
accordance with Employer’s Representative instructions. The same may be subjected
from time to time to such tests as the Employer’s Representative may direct at the place
of manufacture or fabrication or on the Site or at an approved testing laboratory.
The Contractor shall upon the instruction of the Employer’s Representative, furnish him
with documentation to prove that the materials & goods comply with the requirements of
Contract and for requirement stated above. The Employer’s Representative may issue
instruction in regard to removal of material from Site or any Work, if these are not in
accordance with the Contract.
The Contractor shall provide such assistance, instruments, machinery, labor and material
or part of Work before incorporation in the Works for testing as may be selected and
required by the Employer’s Representative.
The Contractor shall also ensure that any materials, instruments or machinery used for the
works are not illegal for usage as per the laws of the country.
The Contractor shall, upon the instruction of the Employer’s Representative, furnish
documentation to prove that the materials and goods comply with the requirements of the
Contract and for requirement stated above. The Employer’s Representative may issue
instruction in regard to removal of material from Site or any Works, if they are not in
accordance with the Contract.
The Contractor shall provide such assistance, instruments, machinery, labor and material
or part of work before incorporation in the Works for testing as may be selected and
required by the Employer’s Representative.
The Contractor shall also ensure that any materials, instruments or machinery used for the
works are not illegal for usage as per the laws of the country.
1) The work shall conform to high standards of design and workmanship, shall be
structurally sound and aesthetically pleasing. Quality standards prescribed shall
from the backbone for the quality assurance and quality control system.
2) At the site level the Contractor shall arrange the materials, their stacking/storage
in appropriate manner to ensure the quality. Contractor shall provide equipment
and manpower to test continuously the quality of materials, assemblies etc. as
directed by the Engineer. The test shall be conducted continuously and the result
of tests maintained. In addition, the Contractor shall keep appropriate tools and
equipments for checking alignments, levels, slopes and evenness of surface.
3) The Employer’s representative shall be free to carry out tests as may be
considered necessary by him at his sole discretion, from time to time in addition
to those specified in this document. The Contractor shall provide the samples and
labour for collecting the samples. Nothing extra shall be payable to the
Contractor for samples or for the collection of the samples.
4) The tests shall be conducted at the site laboratory that may be established by
Consultant or at any other standard Laboratory selected by Employer’s
representative.
5) The Contractor shall transport the samples to the laboratory for which nothing
extra shall be payable. In the event of Contractor failing to arrange transportation
of the samples in proper time Employer’s representative shall have them
transported and recover two times the actual cost from the Contractor’s bills.
 The Employers Quality Testing process and manual will be available for reference at the
site office
8.4. Site Operations and Method of Construction
The Contractor shall take full responsibility for the adequacy, stability, and safety of all
Site operations and method of construction. Where the Contract expressly provides that
part of the Permanent Works shall be designed by the Contractor, he shall be fully
responsible for that part of such Works, notwithstanding any approval by the Employer’s
Representative.
8.5. Approval of Samples, Benchmarks & Mock-ups
Wherever required, the Employer/Employer’s Representatives shall instruct for supply of
samples of items or erection of mock-up, as the case may be, and upon approval of the
same, the items shall be fabricated and completed by the Contractor (with or without
modification as the Employer’s Representatives shall instruct).
8.6. Cost of Samples
All samples of adequate numbers, sizes, shades & patterns as per specification shall be
supplied by the Contractor at his risk and costs. Apart from adhering to any special
provision made in the specifications regarding submission of samples, the Contractor
shall within 10 days of approval of shop drawings, provide to the Employer’s
Representative samples along with the detailed literature of all materials he proposes to
use in the Works irrespective of the fact that a specific make/material might have been
stipulated. If certain items, proposed to be used, are of such nature that samples cannot be
presented or prepared at the Site, detailed literature/test certificate of the same shall be
provided instead to the satisfaction of the Employer’s Representative. Before submitting
the samples/literature the Contractor shall satisfy himself that, the material/equipment for
which he is submitting the samples/literature meets with the requirement of the
specification. The Employer’s Representative shall check the samples and give his
comments and/or approval to the same. Only when the Employer’s Representative
approves the samples in writing, the Contractor shall proceed with the procurement and
installation of the particular material/equipment. The approved samples shall be signed
by the Employer’s Representative for identification and shall be kept on record at Site
office until the completion and acceptance of the Work and shall be available at the Site
for inspection/comparison at any time. The Contractor shall keep with him a duplicate of
such samples to enable him to process the matter.
For items of Work where the samples are to be made at the Site, the same procedure shall
be followed. All such samples shall be prepared at a place where it can be left
undisturbed until the completion of the project.

The Employer’s Representative shall communicate his comments/approval to the

Contractor on the samples at his earliest convenience. Any delay that might occur in
approving of the samples for reasons of its not meeting with the specifications or other
discrepancies, inadequacy in furnishing samples of best qualities from various
manufacturers and such other aspects causing delay on the approval of the
 materials/equipment’s, etc. shall be to the account of the Contractor. In this respect the
decision of the Employer’s Representative shall be final.
On or before delivery of the supplies of materials/equipment for permanent Works at the
Site, the Contractor shall specifically arrange to get the supply inspected by the
Employer’s Representative if necessary, at his/manufacturer’s workshop/s and compared
with the approved sample and his specific approval obtained before using the same in the
Work.
The Contractor shall remove such samples/materials as specified by the Employer that
are not in accordance with the specifications and in case of default, the Employer shall be
at liberty to have the same removed at the expense of the Contractor.
8.7. Independent Inspection
The Employer’s Representative may delegate inspection and testing of materials or Plant
to an independent inspector. Any such delegation shall be affected by a written
communication in accordance and for this purpose such independent inspector shall be
considered as an assistant of the Employer’s Representative. Notice of such appointment
(not being less than 14 days) shall be given by the Employer’s Representative to the
Contractor.
8.8. Dates for Inspection and Testing
The Contractor shall agree with the Employer’s Representative the date on and the place
at which any plant/works will be ready for testing as provided in the Contract and the
Contractor shall provide 48 hours notice to the Employer of the date (as mutually agreed)
that the test is to be conducted. In the event that the Employer fails to attend such test
after be provided the notice as aforesaid, the Contractor may proceed with the tests with
the consent of the Employer’s Representative, which shall be deemed to have been made
in the Employer’s Representative presence, and shall forthwith forward to the Employer’s
Representative duly certified copies of the test readings.
8.9. Inspection of Operations
The Employer/Employer’s Representative and their respective Representatives shall at all
reasonable times have free access to the Work and/or to the workshops, factories or other
places where materials are lying or from which they are being obtained and the
Contractor shall give to the Employer and his Representatives every facility necessary for
checking measurement, inspection and examination and test of the materials and
workmanship. The Contractor shall afford every facility and provide any assistance in
obtaining the right to such access. No person except the Representatives of public
authorities shall be allowed on the Works at any time unless authorized by the Employer
or the Employer’s Representative.
8.10. Examination of Work before covering up
No part of the Works shall be covered up or put out of view without the approval of the
Employer’s Representative and the Contractor shall afford full opportunity for the
Employer’s Representative to examine and measure any such part of the Works which is
about to be covered up or put out of view and to examine foundation, before any part of
 the Works placed thereon. The Contractor shall give notice to the Employer’s
Representative whenever such part of the Works or foundations is or are ready or about
to be ready for examination and the Employer’s Representative shall without
unreasonable delay unless he considers it unnecessary and advises the Contractor
accordingly, attend for the purpose of examining and measuring such part of the Works
or of examining such foundations.

8.11. Uncovering and Making Openings

The Contractor shall uncover any part or parts of the Works as the Employer’s
Representative may from time to time direct and shall reinstate and make good such part
or parts to the satisfaction of the Employer’s Representative. If any such part or parts
have been covered up or put out of view after compliance with the requirements of GCC
Clause 8.10 [Examination of Work before covering up] and are found to be executed in
accordance with the Contract, the expenses of uncovering, reinstating and making good
the same shall be compensated by the Employer but in any other case all such expenses
shall be borne by the Contractor or 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.
8.12. Works to be opened for Inspections
1) For the works under the scope of the Contract, the Contractor shall provide all
facilities, inspection and access to the Employer's Representatives for inspection
of the work or any part thereof.
2) In the event of Employer requiring any documents to verify specifications or
other details pertaining to any work or part(s) thereof, then the Contractor shall
promptly provide such documents.
8.13. Inspection and Testing
The Employer’s Representative shall be entitled during manufacture, fabrication or
preparation to inspect, examine and test on the Contractor’s premises during working
hours the materials and workmanship and check the progress of manufacture of all plant,
material, fabrication materials to be supplied under the Contract, and if part of the said
materials is being manufactured on other premises, the Contractor shall obtain for the
Employer’s Representative permission to inspect, examine and test as if the said Plant
were being manufactured on the Contractor’s premises. Such inspection, examination or
testing if made shall not relieve the Contractor from any obligation under the Contract.
The Employer or his authorized Representative shall have full power to inspect the
drawings of any portion of the work or examine the materials and workmanship at the
Contractor's works or at any place from which the materials or equipments are being
sourced. Acceptance of any material or equipment shall in no way relieve the Contractor
of his responsibility for meeting the requirements of the specifications. Routine type tests
for the various items of the works shall be performed at the Contractor's works and test
 certificate shall be provided to the Employer. If required by the Employer’s
Representative, the Contractor shall permit the Employer’s authorized Representative to
be present during any of the tests.
8.14. Re-inspection and Re-testing
For all Plant, materials or components where defects have been revealed by testing and
inspection, the Contractor will promptly replace the same and the replaced plant,
materials or components shall be subject to retesting and re-inspection. In case the
Employer’s Representative so permits in writing, the Contractor may be permitted to
rectify the defective plant, materials or components but the same shall also be subject to
retesting and re-inspection before being used in the works. The decision of the Employer
shall be binding and final in this regard.
In case the Contractor fails to do such rectification, the Employer shall rectify and
proceed as per the Clause 6.12 [Contra Charges].
8.15. Cost of Tests
The cost of conducting any test shall be borne by the Contractor if such tests are intended
by or provided for in the Specification or Bill of Quantities. The Cost of re-tests and/or
re-inspection shall be borne by the Contractor so long as the cause for re-testing/re-
inspection is due to the failure of the material in the initial tests that were conducted
8.16. Cost of Tests not provided for
If any test is ordered by the Employer’s Representative which is
1) Not so intended by or provided for or is not so particularized in the specification
or the Bill of Quantities
2) Though so intended or provided for but ordered by the Employer’s
Representative to be carried out by an independent person at any place other than
the Site or the place of manufacture of fabrication of the materials tested or any
Government/approved Laboratory,
The cost of such test shall be borne by the Contractor, if the test shows the workmanship
or materials not to be in accordance to the provision of the Contract or the Employer’s
Representative instructions.

8.17. Facilities for Testing at Contractor’s/sub-contractor’s premises

For the tests carried out at the premises of the Contractor or of any sub-Contractor, the
Contractor shall provide all/any assistance, labour, materials, electricity, fuel, stores,
apparatus and instruments as may be requisite and as may be reasonably demanded to
carry out such tests efficiently.
8.18. Tests on Completion
 The Contractor shall carry out the Tests on Completion in accordance with this Clause
and GCC Clause 8.13 [Inspection and Testing], after providing the documents in
accordance with GCC Clause 3.1 [Contractor’s General Obligations].
The Contractor shall give to the Employer’s Representative notice of the date after which
the Contractor will be ready to carry out each of the Tests on Completion. Unless
otherwise agreed, Tests on Completion shall be carried out within 14 days after this date
or on such day or days as the Employer’s Representative shall instruct.
In considering the results of the Tests on Completion, the Employer’s Representative
shall make allowances for the effect of any use of the Works by the Employer on the
performance or other characteristics of the Works. As soon as the Works, or a Section,
have passed any Tests on Completion, the Contractor shall submit a certified report of the
results of these Tests to the Employer’s Representative.
If the Contractor fails to carry out the Tests on Completion within the period of 21 days,
the Employer’s Personnel may proceed with the Tests at the risk and cost of the
Contractor. The Tests on Completion shall then be deemed to have been carried out in the
presence of the Contractor and the results of the Tests shall be accepted as accurate, final
and binding. The cost for any such test shall be debited as per the GCC Clause 6.12
[Contra Charges] to the account of the Contractor.
8.19. Certificate of Testing
As and when fabrication materials shall pass the tests referred in Contract, the
Employer’s Representative shall furnish to the Contractor a certificate in writing to that
effect.
8.20. Inspection Reports
The Contractor shall forthwith provide to the Employer’s Representative with five
certified copies of reports of all inspections and tests.
8.21. Rejection
If, at the time and place agreed in accordance with GCC Clause 8.13 [Inspection and
Testing], the materials or Plant are not ready for inspection or testing or if, as a result of
the inspection or testing referred to in this Clause, the Employer’s Representative
determines that the materials or Plants are defective or otherwise not in accordance with
the Contract, he may reject the materials or Plant and shall notify the Contractor thereof
immediately. The notice shall state the Employer’s Representative objections. The
Contractor shall then promptly make good the defect or ensure that rejected materials or
plant comply with the Contract. If the Employer’s Representative so requests, the tests of
rejected materials or Plant shall be made or repeated under the same terms and
conditions. All costs incurred by the Employer due to the repetition of the tests shall be
recoverable from the Contractor by the Employer and may be deducted from any monies
due or to become due to the Contractor and the Employer’s Representative shall notify
the Contractor accordingly with a copy to the Employer.
8.22. Default of Contractor in Compliance
 If the Contractor after receipt of written notice from the Employer’s Representative
requiring compliance fails to comply with such further drawings, specifications or works
and/or Employer’s Representative’s instructions within ten days from the date of such
instruction, the Employer may employ and pay other persons to execute any such Works
whatsoever that may be necessary to give effect thereto, and all costs incurred in
connection therewith shall be recoverable from the Contractor by the Employer as a debt
or may be deducted by him from any monies due to the Contractor.
8.23. Removal of Improper Work, Material or Plant
The Employer’s Representative shall, during the progress of the Works, have power to
order in writing from time to time the removal from the Works within such reasonable
time or times as may be specified in the order, of any materials which in the opinion of
the Employer’s Representative are not in accordance with the Specifications , the
substitution of proper materials, and the removal and proper re- execution of any Work
executed with materials or workmanship not in accordance with the Drawings and
Specifications or instructions, and the Contractor shall forthwith carry out such order at
his own cost. In case of default on the part of the Contractor to carry out such order, the
Employer shall have the power to employ and pay other persons to carry out the same,
and all expenses consequent thereon, or incidental thereto, as certified by the Employer’s
Representative under GCC Clause 11.5 [Unfulfilled Obligations] shall be borne by the
Contractor, or may be deducted by the Employer from any moneys due, or that may be
become due.
8.24. Urgent Remedial Works
If by reason of any accident or failure or other event occurring to in or in connection with
the Works, or any part thereof, either during the execution of the Works or during the
Period of Defect Liability/Maintenance, any remedial or other Work or repair shall, in the
opinion of the Employer’s Representative be urgently necessary for inter alia the security
and safety of life or for the Works or of adjoining property, the Contractor must
undertake at once such Work or repair.
In case of the failure of the Contractor to do so, the Employer may employ his own or
other workmen to do such Work or repair. If the Work or repair so done by the Employer
which is in the sole discretion of the Employer’s Representative, the Contractor was
liable to do at his own expense under the Contract, then all costs and charges incurred by
the Employer in so doing *125% shall on demand be paid by the Contractor to the
Employer or may be deducted by the Employer from any monies due or which may
become due to the Contractor. Provided that the Employer’s Representative, as soon after
the occurrence of such event as may be reasonably practicable, notify the Contractor
thereof in writing.
8.25. Royalty, Surface Rent and any Penalty thereof
Royalty and Surface Rent payable on any of the items to be excavated at site shall be to
the Employer’s account. The Contractor shall, at his own costs and expenses, be
responsible for securing all the required permissions, payment of royalties & surface rent
on behalf of the Employer and carrying out the works after the due permissions are
secured. The Contractor shall submit the original royalty and surface rent receipts issued
 by the Competent Authorities along with the Contractor’s Monthly bill and the same will
be paid by the Employer to the Contractor as a reimbursement.
The Employer is responsible for providing to the Contractor any documentation required
from the Employer for the purpose of obtaining the due permissions.
8.26. Usage of Contractor’s equipment after completion of work
The Contractor, upon mutual agreement with the Employer, will be required to keep in
place, operate and maintain the equipment as required by the Employer even after
completion of the works in the Contractor’s scope in case the same is required by the
Employer for his own usage or for the usage of any of the other Contractors appointed by
the Employer. The schedule of rates for such equipment will be as per the priced Bill of
Quantities (BOQ) or as mutually agreed. However, this does not give the Employer the
right to retain any of the equipment after overall completion of the Project.
9. Commencement, Delays and Extension
9.1. Commencement of Works
The Employer’s Representative shall give the Contractor not less than 7 days’ notice of
the Commencement date. Unless otherwise stated in the Special Conditions of Contract,
the commencement date shall be within 30 days after the Contractor receives the Letter of
Intent.
The Contractor shall commence the execution of works as soon as reasonably practicable
after the Commencement Date, and shall then proceed with the Works with due
expedition and without delay.
9.2. Possession of Site and Access
The Employer will provide full or partial possession of the site and access thereto in the
manner as agreed with the Contractor at the time of commencement of works. The
Employer will, from time to time as the Works proceed, give to the Contractor possession
of such further portions of the Site as may be required to enable the Contractor to proceed
with the execution of the Works with due dispatch in accordance with the programme
agreed between the Parties.

9.3. Time for Completion and Tenure

The whole of the Works should be completed in accordance with the schedule agreed
upon by the Employer and the Contractor. In case of any mutually agreed change in the
schedule, the same shall be recorded in writing.
The Contractor will also ensure the completion of the part of the works that need to be
completed for meeting the milestones in the agreed schedule (including any changes
agreed mutually in writing).
The Tenure of the Contract shall be the period actually taken to complete the works under
the Contract and shall be the number of days between the Start Date and the End Date.
 a. Whereas the Start Date shall be determined as follows:
i. The date on which the contractor mobilizes on site with at least 50% of
the resources (labour, material and equipment) required to carry out the
works and such date is certified in writing by the Employer’s
Representative.
ii. In case such written certification is not available, the date Forty Five (45)
days before the date of submission of the first R.A. Bill by the Contractor
which has a value more than Two percent (2%) of the contract value
shall be deemed to be the Start Date.
b. And whereas the End Date shall be determined as follows:
i. Date on which Employer’s Representative certifies in writing that the
works are virtually completed (including testing, commissioning and
snagging).
ii. In case such written certification as above is not available, the date Forty
Five (45) days after the submission of the final bill shall be deemed to be
the End Date.
9.4. Programme to be submitted
The Contractor shall submit to the Employer’s Representative for his consent complying
with Contractual/Construction Program of Works. The programme shall be in the form of
a Bar Chart/Milestone network showing all activities, the order of procedure in which he
proposes to carry out the Works, duration for each activity presumed for the execution
within the time period as specified below. The Employer’s Representatives shall convey
to the Contractor his comment/approval on the programme within 15 days of the
submission. More particularly, the documents to be submitted by the Contractor will have
the information as below together with any information requested for by the Employer’s
Representative and will be as per the following steps:

Step One: Documents to be submitted within 14 days from the issue of Letter of Intent
shall include:
1) Initial Design, Logistic plan, Construction Schedule covering the project period
2) Detailed Mobilization Schedule including all authorities NOCs, approvals &
permits as applicable
3) Initial Materials, Shop Drawings, method statement and Sub-Contractors
Submittal Schedule for the first month
4) Detailed Work Breakdown Structure (WBS)
5) List of Activity Codes
6) Construction Method Statement (Strategic Plan)
7) All documents required as per this Contract.
Step Two: Documents to be submitted within 21 days from the date of Commencement
of works shall include:
1) Project Brief and Major information
2) Overall Design/Construction Method Statement
3) Detailed WBS and Activity Codes
4) Overall Full Detailed Mobilization Schedule
5) Overall Full Detailed Submittals and Procurement Schedule (Materials, Shop
Drawings, Method Statement and Sub-Contractors)
6) Overall Design/Construction Schedule (Full Detailed Layout)
7) Progress S-Curve, Manpower Histogram Curves, Cash Flow Curves
8) Submittal and Procurement Tracking Sheet (Materials, Shop Drawings, Method
Statement and Sub-Contractors) After approval of the Design/Construction
Schedule, the same will be considered as a Baseline Schedule R0
Step Three: Document to be submitted every month no later than the third day of every
month & shall include:
1) Updated Design/Construction Schedule
2) Three months look ahead schedule
3) Planned versus actual of progress s-curve, manpower histogram, plant and cash
flow
4) Updated Submittals & Procurements Schedule (Materials, Shop Drawings,
Method Statement and Sub-Contractors) The requirements and guidelines for all
the above submission are as follows:
1) All submittals should be on A4/A3 size
2) All submittals should be on hard & soft copy
3) All submittal should be compatible as per the approved software
4) The layout of the schedule should include the following columns:
a) Activity ID
b) WBS
c) Activity Description
d) Original Duration
e) Early Start
f) Early Finish
g) Late Start
 h) Late Finish
i) Total Float
5) Any using of SS link should be together with FF link
6) All layouts should include Project Information, Company names & Logos
7) All documents should include Project Information and Working Company names
Start & Finish milestone for main activities are required to be mentioned in
schedule
The Contractor shall include all key dates into his programme including the dates
required for all Utility submissions and also the dates that permanent power, permanent
water etc. will be made available for the Project. The Contractor shall be responsible for
informing the Employer’s representative of his detailed requirements in respect of fuel,
water, drainage and electrical supplies, for the testing and commissioning of the plant and
equipment. The programme shall be updated fortnightly.
Step Four: One Month Look Ahead Programme:
The contractor will extrapolate from the master programme one month look ahead
programme detailing all the activities for that particular month and submit on the list of
the following month in order to monitor the progress on a monthly basis.
9.5. Delays in Commencement
The Contractor shall not be entitled to any compensation for any loss suffered by him on
account of delays in commencing or executing the work except as provided for in the
contract. The Employer shall inform the Contractor of the revised commencement date
and the Contractor shall fulfil his obligations from such revised commencement date.
9.6. Rate of Progress
If for any reason, which does not entitle the Contractor to an extension of time, the rate of
progress of the Work’s or any Section is at any time, in the opinion of the Employer’s
Representative, too slow to comply with the Time for Completion, the Employer’s
Representative shall so notify the Contractor who shall thereupon take such steps as are
necessary, subject to the consent of the Employer’s Representative, to expedite progress
so as to comply with the time for completion. The Contractor shall not be entitled to any
additional payment whatsoever for taking such steps. If, as a result of any notice given by
the Employer’s Representative under this Clause, the Contractor considers that it is
necessary to do any Work at night or on locally recognized days of rest, he shall be
entitled to seek the consent of the Employer’s Representative to do so.
Provided that if any steps taken by the Contractor in meeting his obligations under this
Clause involve any expense on part of the Employer, the same 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 and the Employer’s Representative shall notify
the Contractor accordingly, with a copy to the Employer.
Provided always that
 1) The Contractor shall constantly use his best endeavors to prevent any delay in the
progress of the Works, howsoever caused and to prevent the completion of the
Works being delayed or further delayed beyond the Time for Completion;
2) The Contractor shall do all that may reasonably be required to the satisfaction of
the Employer’s Representative to proceed with the Works as per the programme.
9.7. Revised/Recovery Programme
If at any time it should appear to the Employer’s Representative that the actual progress
or the Works does not conform to the mutually agreed schedule or programme, the
Contractor shall produce, at the request of the Employer’s Representative, a revised
programme showing the modifications to the agreed programme necessary to ensure
completion of the Works within the Time for Completion.
The Revised programme shall be submitted within 10 days from the date of the
Employer’s Representative letter. In the event that the Contractor defaults in submitting
the revised programme within 10 days as provided hereinabove then he shall be penalized
at Rs. 50,000/- per day for the delay for the first seven working days and beyond that at
the rate of Rs.1, 00,000/- per day for a further period of seven days. Beyond 14 working
days, the Employer’s Representative shall, without prejudice to his other rights and
remedies, have the right to terminate the Contract in accordance with GCC Clause 14.3
[Termination].
9.8. Delays and Extensions
DELAY:
In case the Contractor fails to perform as per the agreed time schedule, provided
in this Order and as per the directions of the CLIENT, the Contractor shall pay to the
CLIENT agreed amount of liquidated damages for each calendar week of default or delay
or part thereof, the sum(s) equivalent to 1% (one percent) of the total value of this
ORDER per week. The balance work / supplies shall be carried out by Client, by
appointing another agency at the cost and risk of the Contractor. Amount thus due from
the Contractor shall be recovered from the amount payable to the Contractor on this work
or any other work with the Client and shall be without prejudice to the rights of the
Client.
Payments of liquidated damages shall become due immediately upon the failure of the
Contractor to make the Supplies / work within the time frame specified by the CLIENT
and as mentioned in this Order. Nothing in this clause shall operate to restrict any other
rights and remedies available to the CLIENT at law or under this ORDER.
EXTENSION
The Contractor shall be allowed an extension in the time taken for completion of works
and any agreed milestones only if the delay is caused by the Employer. No extensions to
tenure (and related milestone dates) shall be permitted under any circumstances
whatsoever save and except:
 1) Extreme, unworkable weather conditions, other extreme force majeure situations
(e.g., 26/7 floods in Mumbai) or epidemic,” “pandemic,” “outbreak of disease
(e.g., Covid-19) in which case tenure shall be extended by the period for which
the unworkable conditions are prevalent at the site.
2) Written orders from the Employer/regulatory or judicial authority (having due
jurisdiction) to stop work on the particular project: In case such written order
operates for a period of 30 days or less, the tenure shall stand extended by the
period during which such written order operates. In case such written order
operates for a period of more than 30 days, the tenure shall stand extended by the
period during which such written order operated + 7 days (remobilization
period).
3) Severe Law and order situation (e.g., riots) in the immediate vicinity of the site
making it not possible to work on site for a period exceeding 48 hours: In such
case, the tenure shall stand extended by the period of prevalence of such Law &
Order situation.
4) Non-payment by the Employer for a period of 60 days beyond the agreed date of
payment for any certified bill unless the same is disputed by the Employer: In
such case, the tenure shall be extended by the period of delay in payment beyond
the agreed date of payment - 60 days.
5) Delay in release of drawing packages beyond the committed timelines with a
cumulative permissible variance of 30 days: In such case, the tenure shall stand
extended by the period of cumulative delay in drawing package less 30 days. The
said timelines for the release of drawing packages shall be incorporated in the
Contract Agreement.
6) As a result of any major changes in the scope or design of the works. In such
case, the tenure shall be extended as mutually agreed between the Parties.

All extensions in tenure shall be applicable only if the Contractor’s notice of intent to
claim any such extension of tenure is submitted to the Employer in writing within 30
days of the end of the relevant event. The Contractor shall be allowed an extension in the
time taken for completion of works only if the delay is caused due to the Employer. This
delay will only be recognized as such if it is agreed as such between the Employer and
the Contractor and is recorded in writing.

9.9. Suspension
The Contractor shall on the instruction of the Employer’s Representative (which shall be
final and binding), suspend the progress of Work or any part thereof for such time and in
such manner as the Employer’s Representative may consider necessary and shall, during
such suspension, properly protect and secure the Works or such part thereof so far as is
necessary in the opinion of the Employer’s Representative at no extra cost to the
employer.
 Where, pursuant to this Clause, this Clause applies, the Employer’s Representative shall
after due consultation with the Employer and the Contractor, determine the following:

1) Any extension of time to which the Contractor is entitled and

2) In case the Work is delayed due to reasons other than Force Majeure and not
attributable to the Contractor (which the Contractor shall prove to the Employer
that such delay is not attributable to the Contractor and the Contractor shall
provide an indemnity to the Employer for any claims in this regard), then the
Contractor shall be granted the extension of time as specified by the Employer.

9.10. Contractor’s Entitlement to Suspend Work

The Contractor shall not suspend the Works without the written consent of the Employer.
The Employer shall not be responsible for any costs incurred and no extension of time
shall be entertained. The Contractor shall make good the loss of time by providing
additional manpower and resources.
9.11. Idling Charges
The Contractor will have no idling claims on any accounts for any reasons whatsoever. ie
for Stoppage of work no compensation will be paid. Also, under any circumstances idle
charges, mobilization, de-mobilization, remobilization, etc will not be paid
9.12. Resumption of Work
After the permission or instruction to proceed is given, the Contractor and the Engineer
shall jointly examine the Works and the Plant and Materials affected by the suspension.
The Contractor shall make good any deterioration or defect in or loss of the Works or
Plant or Materials, which has occurred during the suspension after receiving from the
Employer an instruction to this effect under Clause 13.1 [Variations and Extra Items].

10. Employer’s Taking-Over

10.1. Taking Over Certificate
When the whole of the Works under the Contract has been substantially completed and
has satisfactorily passed any Tests on Completion prescribed in the Contract, the
Contractor may communicate to that effect to the Employer’s Representative, with a copy
to the Employer accompanied by a written undertaking to finish within a specified period
any outstanding Work during the Defects Liability Period. Such notice and undertaking
shall be deemed to be a request by the Contractor for the Employer’s Representative to
issue a Taking-Over Certificate in respect of the subject Works. The Employer’s
Representative shall, within 21 days of the date of receipt of such communication, either
issue to the Contractor, with a Copy to the Employer, a Taking Over Certificate, stating
the date on which, in his opinion, the Works were completed in accordance with the
Contract or give instructions in writing to the Contractor specifying all the Work which,
 as per the terms of the Contract, is incomplete. The Employer’s Representative shall also
notify the Contractor of any defects in the Works affecting completion that may appear
after such instructions and before completion of the Works specified therein. The
Contractor shall be entitled to receive such Taking-Over Certificate within 21 days of
completion, to the satisfaction of the Employer’s Representative, of the Works so
specified and remedying any defects so notified. The Defects Liability Period shall
commence from the date of completion as certified by the Employer’s Representative by
issue of the Taking-Over Certificate.
The Employer may also issue a Taking over Certificate in respect of part of the works
and the provisions of this clause will be applicable for that part of the works taken over in
exactly the same manner.
10.2. Final Completion Certificate
On Successful completion of the entire Works covered by the Contract to the full
satisfaction of Employer/Employer’s Representative, the Contractor shall ensure that the
following has been completed to the satisfaction of Employer’s Representative.
1) Clear the Site of all scaffolding, wiring, pipes, surplus materials, Contractor’s
labour, equipment, and machinery.
2) Demolish, dismantle and remove all Contractor’s Site offices and quarters and
other temporary work, structures and constructions and other items and things
whatsoever brought upon or erected at the Site or any land allotted to the
Contractor/Employer and not incorporated in the permanent Works.
3) Remove all rubbish, debris etc. from the Site and the land allotted to Contractor
and shall clear, level and dress, compact the Site as required and said land to the
satisfaction of the Employer’s Representative.
4) Shall put the Employer in undisputed custody and possession of the Site and all
land allotted by the Employer to the Contractor.
5) All defects/imperfections have been attended and rectified to full satisfaction of
the Employer’s Representative during the Defect Liability Period.

Unless the Contractor shall have fulfilled the provisions of the Clause, the Works shall
not be deemed to have been completed. Upon the satisfactory fulfilment by the
Contractor as stated above, the Contractors shall be entitled to apply to the Employer’s
Representative for a Final Completion Certificate in respect of the entire works.
If the Employer’s Representative is satisfied of the completion of the Work relative to
which the Final Completion Certificate has been sought, the Employer’s Representative
shall within 14 (fourteen) days of the receipt of the application for Final Completion
Certificate, issue the Final Completion Certificate in respect of the Works for which the
same has been sought.
This issuance of a Final Completion Certificate shall be without prejudice to the
Employer’s rights and Contractor’s liabilities under the Contract, including the
 Contractor’s liability for the Defect Liability Period. The issuance of a Final Completion
Certificate in respect of the Works shall not be construed as a waiver to any right or claim
of the Employer against the Contractor in respect of the Works in respect of which the
Final Completion Certificate has been issued.
10.3. Demobilizing Period
The Contractor on completion of works shall within 30 days completely remove and
satisfactorily dispose-off all temporary works to the extent directed and shall do all work
necessary to restore the territory embraced within the site to at least as good order and
condition as at the beginning of the work under the Contract. Failing which, the
Employer retains the right to carry out the same at the risk and cost of the Contractor and
recover the same from any monies/retention amount due to the Contractor.
10.4. Clearance of Site on Completion
Upon the issue of Taking Over Certificate for whole or part of the works, the Contractor
shall clear away and remove from the whole or that part of the Site to which such taking
Over Certificate relates, All Contractor’s Equipment, surplus material, rubbish and
Temporary Works of every kind and leave such part of the Site and Works clean and in a
workmanlike condition to the satisfaction of the Employer’s Representative. Provided
that the Contractor shall be entitled to retain on Site, until the end of the Defects Liability
Period, such materials, Contractor’s Equipment and Temporary Works as are required by
him for the purpose of fulfilling his obligations during the Defects Liability Period.
10.5. Completion of outstanding works and remedying defects
In order that the Works and Contractor’s Documents, and each Section, shall be in the
condition required by the Contract (fair wear and tear excepted) by the expiry date of the
relevant Defects Notification Period or as soon as practicable thereafter, the Contractor
shall:
1) Complete any work which is outstanding on the date stated in a Taking-Over
Certificate, within such reasonable time as is instructed by the Engineer, and
2) Execute all work required to remedy defects or damage, as may be notified by (or
on behalf of) the Employer on or before the expiry date of the Defects
Notification Period for the Works or Section (as the case may be).
If a defect appears or damage occurs, the Contractor shall be notified accordingly, by (or
on behalf of) the Employer. In the event that the Contractor fails to rectify such defects to
the satisfaction of the Employer, the Employer shall be entitled to complete the works
from a third party and all such costs incurred shall be to the account of the Contractor.
11. Defects Liability
11.1. Defects Liability Period
The Defect Liability Period shall be as stated in the Contract or, if not stated, then 12
months from the date of Completion of the Works as certified by the Employer’s
Representative by issue of the Taking-Over Certificate or by final bill certification.
 Any defects, shrinkages or other faults which may appear during the “Defects Liability
Period” arising in the opinion of the Employer’s Representative from the material or
workmanship not being in accordance with the Contract, shall be specified by the
Employer’s Representative in a schedule of defects which he shall deliver to the
Contractor and the Contractor shall at his own cost rectify/amend/make good the defects
within a specified time as instructed by the Employer’s Representative.

In case of default on the part of the Contractor in carrying out such instruction, the
Employer’s Representative shall be entitled to employ and pay other persons to carry out
the same at the risk and cost of the Contractor and the same shall be recoverable from the
Contractor as per the Contract terms from any monies due or to become due to the
Contractor under this Contract or any other Contract and in the event of the amount
retained hereof being insufficient, recover the balance from the Contractor, together with
any expenses the Employer may have incurred in connection therewith and the
Contractor hereby indemnifies the Employer in this regard
The Contractor shall remain liable under the provisions of this Clause notwithstanding
the signing of any certificate or the passing of any accounts, by the Employer’s
Representative. The Contractor also has to carry out all comprehensive day-to-day
maintenance during the Defect Liability Period at no extra cost to the Employer.
The above conditions shall apply notwithstanding that the material is supplied or works
have been carried out by any Sub-Contractor who has been nominated by the Employer
or approved by the Employer’s Representative as per the terms of the Contract.
The Employer shall be entitled to an extension of the Defects Liability Period for the
Works or a part of the Works if and to the extent that the Works, Section or a major item
of Plant (as the case may be) cannot be used for the purposes for which they are intended
by reason of a defect or by reason of damage attributable to the Contractor. However, a
Defects Liability Period shall not be extended by more than two years.
If delivery and/or erection of the Plant and/or Materials was suspended under GCC
Clause 9.9 [Suspension] or Clause 9.10 [Contractor’s Entitlement to Suspend Work] for
more than two (2) years at any one stretch, then the Contractor’s obligations under this
Clause shall not apply to any defects or damage occurring beyond two years after the
Defects Liability Period for the Plant and/or Materials.
11.2. Further Tests
If the work of remedying of any defect or damage may affect the performance of the
Works, the Engineer may require the repetition of any of the tests described in the
Contract. The requirement shall be made by notice within 28 days after the defect or
damage is remedied.
These tests shall be carried out in accordance with the terms applicable to the previous
tests, except that they shall be carried out at the risk and cost attributable *125% by the
Party liable, under Clause 10.5 [Completion of outstanding works and remedying
defects].
 11.3. Approval of Works
Only the Defect Liability Certificate, referred to in Clause 11.4 [Defect Liability
Certificate] shall be deemed to constitute approval of the Works.
11.4. Defect Liability Certificate
The Contract shall not be considered as completed until a Defects Liability Certificate
has been signed by the Employer’s Representative and delivered to the Employer with a
copy to the Contractor stating the date on which the Contractor shall have completed his
obligations to execute and complete the Works and remedy any defects therein to the
Employer’s Representative satisfaction.
Subject to the terms of the Contract, the Defects Liability Certificate shall be given by the
Employer’s Representative within 28 days after the expiration of the Defects Liability
Period, or in the case for different defects liability periods applicable to different Sections
or parts of the Permanent Works, the expiration of the latest of such periods, or as soon
thereafter as any Works instructed, pursuant to GCC Clause 11.1 [Defect Liability
Period] have been completed to the satisfaction of the Employer’s Representative.
11.5. Unfulfilled Obligations
After the Defect Liability Certificate has been issued, the Contractor shall remain liable
for the fulfilment of any obligation which remains unperformed/undetectable at that time.
For the purposes of determining the nature and extent of unperformed obligations, the
Contract shall be deemed to remain in force.
12. Measurement and Evaluation
12.1. Works to be measured
The Employer’s Representative may from time to time intimate to the Contractor that he
requires the Works to be measured, and the Contractor shall forthwith attend or send a
qualified Representative to assist the Employer’s Representative in taking such
measurements and calculations and to furnish all particulars or to give all assistance
required by any of them. The measurements taken shall be countersigned by the Parties.
Should the Contractor not promptly attend, neglect, or omit to send such Representative,
then the measurement taken by the Employer’s Representative or a person approved by
him shall be taken to be correct measurements of the Works and shall be binding on the
Contractor. Such measurements shall be taken in accordance with the Mode of
Measurements detailed in the Preambles to Bill of Quantities and Specifications. The
Measurement Sheet jointly signed by the Employer’s representative and the Contractor
shall form part of each RA bill wherever applicable.
The Employer’s Representative shall take joint measurements with the Contractor and the
measurements shall be entered in the measurement book/sheet by the Employer’s
Representative.
The Contractor or his Representative may at the time of measurement take such notes and
measurements as he may require.
 All authorized extra Works, omissions and all variations made without the Employer’s
Representative knowledge, but subsequently sanctioned by him in writing (with the prior
approval in writing of the Employer) shall be included in such measurements.
The Contractor shall, without extra charge, provide all assistance with every appliance,
labour and other things necessary for measurement.

12.2. Mode and Record of Measurement

The payment for any completed work shall be on the basis of the joint measurements as
certified by the Employer's project in charge. Unless otherwise specified, all the
measurements shall be taken in accordance with IS 1200 or any other equivalent
prevalent standards. The decision of Employer’s Representative in the same shall be final
& binding to all. The Contractor shall submit the measurements of works on every
Monday for the previous week.

13. Variation and Adjustment

13.1. Variation and Extra Items
Being a fixed price item rate contract or a lump sum contract or design and build contract
as the case may be, no variation in rates shall be applicable till completion of the works
due to any reason whatsoever except for variation in prices of Basic Rate Materials as
specified in the Special Conditions of Contract.
The Employer’s Representative if required, shall make any variation of the form, quality
or quantity of the Works or any part thereof that may, in his opinion, be necessary and for
that purpose, or if for any other reason it shall, in his opinion, be appropriate, he shall
have the authority to instruct the Contractor to undertake the variation. Variation and
extra items, if any, shall be carried out under specific written instruction by the
Employer’s Representative which are including but not limited to any of the below
mentioned activities
1) Increase or decrease the quantity of any Work included in the Contract
2) Omit any such Work
3) Change the character or quality or kind of any such Work
4) Change the levels, lines, position and dimensions of any part of the Works
5) Execute additional work of any kind necessary for the completion of the Works
6) Change any specified sequence or timing of construction of any part of the
Works
No such variation shall in any way vitiate or invalidate the Contract, but the effect, if any,
of all such variations shall be valued in accordance with the relevant clauses; Provided
that where the issue of an instruction to vary the Works is necessitated by some default of
 or breach of Contract or for which is responsible, any additional cost attributable to such
default shall be borne by the Contractor.
If the variation required by the Employer’s Representative in the opinion of the
Contractor involves a claim for additional payment or prevents him from meeting any of
his obligations to guarantees in the Contract, he shall immediately notify the Employer’s
Representative in writing within 14 days of occurrence, failing which he shall not be
entitled to any modification in his obligation or for additional payment. If consultants do
not admit that the variation required by him involves additional payment to the
Contractor or modification in the obligations of the Contractor, the variation required
shall nevertheless be carried out and the matter of difference shall be settled between the
Employer’s Representative and the Contractor.
The Contractor shall be bound to carry out any extra items of work, and the rate for the
same shall be arrived at in the following manner in the order as detailed below:
1) Wherever possible, the rate for extra items shall be as quoted in the BOQ.
2) If not quoted for in any part of the BOQ, the rates for that item shall be derived
from:
a) the nearest similar item in the BOQ.
b) actual cost of material with allowable wastages, consumables, labour,
Hire charge of plant & equipment if brought for extra item & and
additional 15 % towards overheads and profits. Rate analysis for the
same shall be submitted by the Contractor for the approval of
Employer’s Representative. The Contractor shall not charge for any
existing plant & equipment’s at site while deriving the rate for extra
items.
3) Rate for extra items (ready-made) directly procured by the Contractor shall be
allowed with profits & overheads of 15 percentage.
4) GST shall be paid extra as may be applicable.
13.2. Instruction for Variations
The Contractor shall not undertake any variation works without receiving any written
instruction of the Employer’s Representative. The contractor shall submit CVI
(Confirmation of Verbal Instruction) & obtain endorsement from the Employer if the
instruction given verbally.
14. Termination
14.1. Default of Contractor
The Contractor can be said to have committed an Act of Default if any of the following
situations occur during the term of the Contract:
1) The Contractor commits any “act of insolvency” or is adjudged an insolvent or
being a Company, a winding up action is initiated against the Company or it
 passes a resolution for winding up voluntarily or under the supervision of the
Court and the Official Assignee or the Liquidator is appointed.
2) The Contractor shall suffer execution or any other process of Court which causes
issuance of an order attaching the Contractor’s property.
3) The Contractor suffers any payment under this Contract to be attached by or on
behalf of any of the creditors of the Contractor.
4) The Contractor assigns or sublets this Contract or any part thereof without the
written consent in writing of the Employer.
5) The Contractor creates a charge or encumbers this Contract or any payments due
or which may become due to the Contractor.
6) The Employer’s Representative certifies in writing to the Employer or it appears
to the Employer that the Contractor has abandoned the Contract.
7) The Contractor has failed to commence the Works, or has without any lawful
excuse under the conditions of the Contract, suspended the progress of the Works
for fourteen days after receiving from the Employer’s Representative notice in
writing to proceed with the Work.
8) The Contractor has failed to proceed with the Works or make such due progress
which in the opinion of the Employer the Works shall not be completed within
the time schedules agreed upon.
9) The Contractor has failed to remove materials from the Site or to pull down and
replace any Materials or Works within seven days after receiving from the
Employer’s Representative written notice that the said materials or Works were
rejected by the Employer’s Representative.
10) The Contractor has neglected, breached, delayed or failed to observe and perform
all or any of the acts, matters or things under this Contract within the time
periods specified in the Contract or within seven days from the date of the written
notice requiring the Contractor to observe or perform the same.
11) The Contractor commits breach of any representations, warranties and covenants
under the Contract.
12) If it becomes unlawful for the Contractor to perform any of the obligations under
the Contract.
13) The Contract, for any reason, ceases to be in full force and effect or legal, valid,
binding or enforceable
14) Any governmental authority of India shall have enacted any rule, regulation or
law to take any action that restricts, prohibits prevents or materially delays the
Contractor from fulfilling the obligations under this Agreement.
15) Any change in control of the Contractor
 16) Any litigation, arbitration, administrative, governmental, regulations, or other
investigation, proceeding or dispute are commenced against the Contractor which
in the opinion of the Employer will affect the interest of the Employer.
Then and in any of the above cases the Employer may, notwithstanding any previous
waiver, after giving seven days notice in writing to the Contractor, terminate the
Contract, but without prejudice to the rights and remedies of the Employer
And further, the Employer by his agents or servants may enter upon and take possession
of the Works and all plants, tools, scaffoldings, sheds, machinery, steam and other power
utensils and materials lying upon the Site/premises or the adjoining lands or roads and
use the same as his own property or may employ the same by means of his own servants
and workmen in carrying on and completing the Works or by employing any other
contractor.
The Contractor shall not in any way interrupt or do any act that seeks to prevent or hinder
such other contractor or other person or persons employed for completing and finishing
or using the materials and plant for the Works. Upon completion of Works the
Employer’s Representative shall give a notice in writing to the Contractor to remove his
surplus materials and plant and should the Contractor fail to do so within a period of
fourteen days after receipt thereof by him failing which the Employer may dispose the
same and the Employer shall not be liable for such materials whatsoever.
14.2. Misdemeanour on part of the Contractor
In the event of any misdemeanour on part of the Contractor or his involvement in
unethical/corrupt practices or his attempt to unduly influence the Employers/consultant's
personnel for any reasons whatsoever, the Employer shall have full right to terminate the
Contract without any notice to the Contractor and forfeit all the monies payable to the
Contractor without prejudice to any other remedy available under the terms of Contract,
to complete the balance work at the risks and costs of the Contractor.
14.3. Termination (In addition of Clause 14.1)
In addition to Clause 14.1 [Default of Contractor], the Employer shall be entitled to
terminate the Contract on the following two grounds:
1) The Contract is more than 5% behind schedule from the agreed
timeframe/milestones/tenure of the Contract due to willful delay by the
Contractor, except where such delay is accepted by the Employer under Clause
9.8 [Delays and Extensions].
2) Quality issues which are irreparable or quality issues that have not been
addressed and rectified by the Contractor in spite of intimation of the same
within a period of 60 days of such intimation.
3) Contractor does not mobilize at site with at least 50% of the required resources
(labour, material and equipment) within 30 days of written intimation for such
mobilization from Employer’s Representative. Any such written intimation to
mobilize from the Employer to the Contractor shall be issued only after a Work
Order has been issued from the Employer to be applicable.
4) Any violation of Sorriso Developers LLP Transparency and Ethics Policy (as
amended from time to time).
The termination under this Clause shall be without prejudice to the rights and remedies
available to the Employer hereunder or under the law or otherwise.
The Contractor shall be entitled to terminate Contract only on one ground:
1) Except for any disputed bills, non-payment of running bills for more than 60 days
from the scheduled date of payment of certified bill.
The party which makes an authorized termination of the contract on the above grounds
shall, subject to the terms of the Contract and without prejudice to the other rights and
remedies, be entitled to receive 25% of the balance value of the contract (net of taxes or
levies) as compensation (for losses, loss of opportunity etc.)
In case of authorized termination,
1) The Contractor shall vacate the site, in all respects, within 30 days of notice of
termination.
2) The Contractor shall make payment of full and final dues (if any) to Employer
within 30 days of notice of termination. Any delay in making good such payment
shall carry interest @ 18% p.a., quarterly compounded, from the due date of
payment till the date of actual payment.
3) The Employer shall make payment of full and final dues (if any) to Contractor,
net of any payment due from Contractor, within 60 days of notice of termination.
Any delay in making good such payment shall carry interest @ 18% p.a.,
quarterly compounded, from the due date of payment till the date of actual
payment.
4) The Employer shall have the option to retain any P&E or material, which is at the
site, at its depreciated value (to be decided by a third party appointed by the
Employer) and the Contractor shall be obligated to provide such P&E to the
Employer. Such amounts shall be paid to the Contractor within 60 days after
adjusting/setting off any amounts due by the Contractor to the Employer and
after the accounts are settled. The Employer shall have full freedom to ask the
Contractor to remove any or all material or P&E at site, which has been brought
by the Contractor, and debit the same to the Contractor at the rates at which the
same has been billed to the Employer.
5) After receipt of notice of termination, the Contractor shall carry out no
permanent works at site, without the written approval of Employer’s
Representative.
6) Contactor shall continue to remain responsible and liable, in all respects, for the
works done till date of notice of termination.
7) Employer (or anyone authorized by the Employer) shall be free to carry out any
or all works at site (including those in the scope of the Contractor) at any time
after date of Notice of Termination.
 Such Compensation shall be claimed using the Contractor’s Performance Guarantee, if
provided. In case no performance guarantee is provided or in case of a shortfall, the
Contractor shall continue to remain fully liable to make payment of such compensation
within 30 days of the termination, failing which the Contractor shall be liable to pay the
said amount with interest @ 15% pa quarterly compounded and the same shall act as a
secured claim against the assets of the Contractor.

14.4. Valuation at date of Termination

As soon as practicable after a notice of termination under Clause 14.3 [Termination] has
taken effect, the Employer’s Representative shall proceed in accordance with Clause 14.6
[Determination of Contract] to agree or determine the value of the Works, Goods and
Contractor’s Documents, and any other sums due to the Contractor for work executed in
accordance with the Contract.
14.5. Payment of Termination
In the event of such termination the Employer shall make reasonable payments as regard
to actual expenses incurred by the Contractor up to the date of such termination after
deducting all the penalties and/or damages as may be applicable under the Contract.
14.6. Determination of Contract
Without prejudice to any other rights or remedies which the Employer may be entitled to
under law or otherwise, the Employer shall be entitled to determine the Contract at any
time by giving not less than fourteen (14) days notice in writing to the Contractor and on
the expiry of such notice the Contract shall (with the exception of this clause) forth with
be determined, but without prejudice to the claims of either party in respect of any
antecedent breach thereof.
14.7. Compliance with Employer’s Representative Direction on Determination
If the Contract shall be determined under the provisions of the relevant Clause, the
Contractor shall, with all reasonable dispatch, comply with the directions of the
Employer’s Representative’s in respect to:
1) Cancellation of outstanding commitments Performance of further Works required
for the protection of Works already executed.
2) The removal of Constructional Plant Temporary Works and materials from the
Site.
3) Any other matters arising out of the Contract with regards to which the
Employer’s Representative decides that directions are necessary or expedient.
14.8. Default of Employer
In the event of the Employer
 1) Becoming bankrupt or, being a company, an order for winding up is passed by a
court of competent jurisdiction, or
2) Giving notice to the Contractor that for unforeseen reasons, due to economic
dislocation it is impossible for him to continue to meet his Contractual
obligations.
The Contractor shall be entitled to terminate his employment under the Contract by
giving notice to the Employer with a copy to the Employer’s Representative. Such
termination shall take effect 14 days after the giving of the notice.
14.9. Removal of Contractor’s Equipment
Upon the expiry of the 14 days’ notice referred to in GCC Clause 14.8 [Default of
Employer], the Contractor shall, notwithstanding the provisions of GCC Clause 6.1
[Contractor’s Equipment, Temporary Works and Materials], with all reasonable dispatch,
remove from the Site all Contractors’ Equipment brought by him thereon.
15. Risk and Responsibility
15.1. Indemnity
The Contractor shall indemnify the employer and shall keep them indemnified and save
harmless from any losses, costs, suits, charges or legal actions brought against them due
to
1) injury to any person or damage to the property or loss of life of the
employees/customers or any other individuals caused due to construction activity
carried out by the Contractor, or
2) the Contractor’s breach or non-compliance with rules and regulations or any law
laid down by Government, Statutory or Local bodies including ESIC, PF and
Safety during the course of the Contract, or
3) breach of any representation, warranties, covenants and/or obligations
The Contractor shall be solely responsible for compliance of all statuary and legal
requirements related to manufacturing and transportation of the ordered items.

Contractor shall indemnify Client and shall keep them indemnified and save harmless
from any losses, costs, suits, charges or legal actions brought against them due to any
injury or damage to the property or loss of life of their employees/customers or any other
individuals or animals visiting the premises caused due to construction activity carried
out by yourself throughout the period of construction and till such time the site is
completely cleared and handed over by you.
Similarly, you will also indemnify the Client against all the risks costs law-suits or any
other proceedings brought against them due to your non-compliance of rules and
regulations laid down by Government, Statutory or Local bodies including PF and Safety
during the course of the contract.
 The Contractor shall indemnify and keep indemnified and hold harmless the Client, for
any and all losses, damages, demands or claims that may be suffered by the Client on
account of any defect, deficiency or inadequacy in the supplies to be arranged /delivered /
supplied by the Contractor to the Client or the breach by Contractor of any
representation, warranty, covenant, or performance obligations made under this Work
order or any third party claims, arising out of or on account of death, bodily injuries or
interference with, or damage to, property etc.. resulting in any way from the willful or
negligent acts or omissions of the Contractor.

The Contractor shall also indemnify and keep indemnified and hold harmless the Client,
for all losses, damages, demands or claims that may be suffered by the Client on account
of any claim or demand mace by any person or entity working for or under the Contractor
and / or any claim arising from, but not limited to, the failure of the Contractor to comply
with any statutory regulations governing the services required to be provided by the
Contractor

The Contractor indemnifies the Client in respect to any civil or criminal proceedings or
liability arising as a consequence of non compliance of any such statuary and legal
requirements, by the Contractor.

The Contractor hereby agree to indemnify any payment of taxes, interest, penalty which
may arise on account of his actions.

The Contractor shall indemnify company against any claim arising due to patent /
copyrights violation for any item supplied / arranged / ordered under this order.
15.2. Care of Works
The Contractor shall take full responsibility and liability for the due care of the Works
and Materials and Plant for incorporation therein from the commencement date until the
date of issue of Taking-Over Certificate for the whole of the Works. The Contractor shall
also take full responsibility for the care thereof of all Temporary Works and in case any
damage, loss or injury shall happen to the Works or to any part thereof or to any
Temporary Works from any cause whatsoever, the Contractor shall rectify/replace such
work at its own costs and expenses.
15.3. Force majeure
Notwithstanding any provision, the Employer shall not be liable for any delay or default
in the event of any force majeure situation including but not limited to the following:
1) War, hostilities (whether war be declared or not), invasion, act of foreign
enemies;
2) Acts of terrorism
 3) Rebellion, revolution, insurrection, or military or usurped power or civil war;
4) Ionizing radiations, or contamination by radio-activity from any nuclear fuel; or
from any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosive or other hazardous properties of any explosive nuclear assembly or
nuclear component thereof,
5) Pressure waves caused by the aircraft or other aerial devices traveling at sonic or
supersonic speeds,
6) Riot, commotion or disorder
7) Loss or damage to the use or occupation by the Employer of the Site or any
Section or part of the Permanent Works
8) Loss or damage to the extent that it is due to the design of the Works.
9) Economic hardship
10) epidemic,” “pandemic,” “outbreak of disease”
In cases of termination of the Contract agreement as mentioned hereinabove, the
Contractor shall return advances paid to him by the Employer along with handing over of
site. The Employer shall return any Bank Guarantee and any retained amounts along with
handing over of site.
15.4. Software
The Contractor will ensure that wherever the usage of any specified software or hardware
is required due to the requirements of the Employer, the latest commercially available
version of the same is deployed at all on site and off site locations where it is imperative
to use the same in order to ensure uniformity in the data formats. No extra charges will be
payable by the Employer in this regard including the cost of the licenses, training &
maintenance charges and any other expense that the Contractor is subjected to due to the
usage of the software. However, a list of such software may be agreed upon between the
Contractor and the Employer before commencement of work to the extent that the
requirement of the same is known at that time.
The Contractor shall procure and use only licensed versions of the software and
indemnify the Employer against any costs, claims, losses or damage due to inter alia
breach of license conditions or usage of pirated software.
15.5. Intellectual Property Rights
The Contractor represents and warrants that it has all the rights in the intellectual property
rights and the Contractor shall save harmless and indemnify the Employer from and
against all claims and proceedings for or on account of infringement of any third party
intellectual property rights, patent rights, design trademarks or name or other protected
rights in respect of any Contractor’s Equipment, materials or plant used for or in
connection with or for incorporation in the Works and from and against all damages,
costs, charges and expenses whatsoever in respect thereof or in relation thereto. All
royalties or other sum payable in respect of the supply and use of any intellectual
 property rights, patented articles, processes or inventions shall be deemed to have been
included in the Contract Price.

16. Insurance
The Contractor shall, at its own costs, take Contractor’s All Risk (CAR) Policy for the
project. The policy shall cover damages and theft/loss to the Contractor’s, materials and
third-party liabilities arising during the Contract validity.
The Contractor shall, at its own costs, take separate insurance for his plant & equipment’s
on site. If, for any reason, the Employer is obliged, by virtue of the provisions of the
Workmen’s compensation Act, 1923, or any statutory modification or re-enactment
thereof to pay compensation to a workman employed by the Contractor in execution of
the Works, the Employer shall be entitled to recover from the Contractor the amount of
compensation so paid and without prejudice to the rights of the Employer under the said
Act. The Employer may so insure and may deduct the premiums paid along with his
service charges of 15 percent and a penalty of 10% for noncompliance from any of the
monies due or which may become due to the Contractor under this Contract or such
amount may be recoverable by the Employer from the Contractor as debt and the
Employer shall have a right to adjust/set-off such amounts from any amounts payable by
the Employer to the Contractor. The Employer shall not be bound to contest any claim
made against it by authorities under the said Act referred in GCC Clause 5.2 [Fair
Wages], except on the written request of the Contractor and upon the Contractor giving to
the Employer full security to the satisfaction of the Employer for all costs for which the
Employer might become liable in consequence of contesting such claim.
Additionally, the Contractor shall be responsible for any liability that may arise which
may not be covered by the Insurance Policies referred to above and also for all other
losses, damages of any nature whatsoever to the Employer, any person, animal or defect
in relation to this Contract.
Notwithstanding the time taken by the Insurer to settle any claim, the Contractor shall
promptly proceed to rebuild or repair the Works destroyed or damaged. All the monies
received from the insurer in respect of such damage shall be paid in proportion to the
Contractor’s scope of works ,to the Contractor and the Contractor shall not be entitled to
any further payment in respect of the expenditure incurred for rebuilding or repairing of
the materials or goods destroyed or damaged.
The Contractor, in case of re-building or reinstatement after damage shall be entitled to
such extension of time for completion as the Employer’s Representative may deem fit in
its sole discretion, but shall, however, not be entitled to reimbursement by the Employer
of any shortfall or deficiency in the amount finally paid by the insurer in settlement of
any claim arising as set out herein.
Without prejudice to his liability under this Clause, the Contractor shall also cause all
nominated Sub-Contractors to effect and maintain, for their respective portions of the
Works, similar policies of insurance in accordance with the provisions of this Clause and
 shall produce or cause to produce to the Employer copies of all policies along with the
receipts of the premium paid.
17. Claims, Disputes and Arbitration
17.1. Notice of Claims
Notwithstanding any other provision of the Contract, if the Contractor intends to claim
any payment pursuant to any Clause of these Conditions or otherwise, the Contractor
shall inform the Employer’s Representative of his intention in writing, with a copy to the
Employer, within 15 days after the event giving rise to the claim has first arisen and not
thereafter.
17.2. Contemporary Records
Upon the happening of the event referred to in GCC Clause 17.1 [Notice of Claims], the
Contractor shall keep such contemporary records as may reasonably be necessary to
support any claim he may subsequently wish to make. Without necessarily admitting the
Employer’s/Employers liability, the Employer’s Representative shall, on receipt of a
notice under GCC Clause 17.1 [Notice of Claims], inspect such contemporary records
and may instruct the Contractor to keep any further contemporary records as are
reasonable and may be material to the claim of which notice has been given. The
Contractor shall permit the Employer’s Representative to inspect all records kept
pursuant to this Clause and shall supply him with copies thereof as and when the
Employer’s Representative so instructs.
17.3. Substantiation of Claims
Within 28 days, or such other reasonable time as may be agreed by the Employer’s
Representative of informing in writing under GCC Clause 17.1 [Notice of Claims], the
Contractor shall send to the Employer’s Representative an account giving detailed
particulars of the amount claimed and the grounds upon which the claim is based, where
the event giving rise to the claim has a continuing effect, such account shall be
considered to be an interim account and the Contractor shall at such intervals as the
Employer’s Representative may reasonably require send further interim accounts giving
the accumulated amount of the claim and any further grounds upon which it is based. In
cases where interim accounts are sent to the Employer’s Representative, the Contractor
shall send a final account within 28 days of the end of the effects resulting from the
event. The Contractor shall, if required by the Employer’s Representative so to do, copy
to the Employer all accounts sent to the Employer’s Representative pursuant to this
Clause.
17.4. Payment of Claims
The Contractor shall not include in the certified Running Account Bill any of the Claims.
The Contractor shall submit separate payment certificate in respect of his claims duly
certified by the Employer’s Representative in respect of their acceptance for payment. At
no time during the duration of the Contract the Contractor shall stop or slow down the
progress of Work or any of the activities related to the Site for non-acceptance
/submission or payment of the Claims. However, in case where the Employer’s
Representative, after due consultation with the Employer and the Contractor, may
 consider due to the Contractor provided that the Contractor has submitted sufficient
particulars to enable the Employer’s Representative to determine the amount due. If such
particulars are insufficient to substantiate the whole of the Claim, the Contractor shall be
entitled to payment in respect of such part of the claim as such particulars may
substantiate to the satisfaction of the Employer’s Representative. The Employer’s
Representative shall notify the Contractor of any determination made under his Clause,
with a copy to the Employer.
17.5. Employer’s Representative Decision on Settlement of Disputes and Differences
The Contractor shall attempt to settle all matters pertaining to the Contract amicably with
the Employer’s Representative. The decision of the Employer’s Representative may be in
the form of a certificate, instruction or otherwise. The decision, opinion, direction,
certificate for payment with respect to all or any of the matters hereof (which matters are
hereinafter referred to as excepted matters) of the Employer’s Representative shall be
final and conclusive and binding on the Contractor and Employer and shall be without
appeal and the Contractor hereby waives his rights in this regard.
All other disputes and differences of any kind whatsoever between the Contractor and the
Employer’s Representative arising out of or in connection with the Contract or execution
of the Works (whether during progress of Work or within defects liability period and
whether before or within 365 days of determination/abandonment/breach of the Contract)
shall then be referred by the Contractor to the Employer giving interlaid full details of
matter under dispute and the reason thereof. The Employer shall within a period of 60
days from the receipt of such reference from the Contractor, give his decision in writing.
If the Contractor is dissatisfied with the decision of the Employer, he can refer the matter
for arbitration by serving a written notice on the Employer, through the Employer’s
Representative within a period of 28 days of such decision. The notice shall specify the
matters with full details and amount, which are in dispute and referred for arbitration.
No claim for interest or damage will be payable by the Client with respect to any money,
which may be in its possession, owing to any dispute, difference or misunderstanding
between the Client and the Contractor. No claims will be entertained for delays in
payment due to the Contractor's failure to sign the necessary documentation required for
the payment of the Contractor's invoice.

17.6. Arbitration
All disputes and differences between the Contractor and the Employer arising out of this
Contract shall be referred to:
1) Managing Director/Director/Employer of both the parties shall have an attempt to
resolve the disputes amicably. In case there is no settlement between the parties
within a period of (15) days then,
2) To arbitration under the provision of the Arbitration and Conciliation Act, 1996.
The Contractor and the Employer will nominate one arbitrator each and the two
arbitrators shall jointly nominate the third arbitrator. The place of Arbitration
shall be at Mumbai.
 It is agreed that the Contractor shall not delay the carrying out of the Works by reason of
any such matter, question or dispute being referred to Arbitration, but shall proceed with
the Works with all due diligence and shall, until the decision of the Arbitrators is given,
abide by the decision of the Employer’s Representative and no award of the Arbitrators
shall relieve the Contractor of his obligations to adhere strictly to the Employer’s
Representative instructions with regard to the actual carrying out of the Works. The
Employer and the Contractor hereby also agree that Arbitration under this Clause shall be
a condition precedent to any right of action under the Contract.
17.7. Failure to Comply
If the Contractor fails to comply with any of the provisions of this Contract in respect of
any claim which he seeks to make, his entitlement to payment in respect thereof shall not
exceed such amount as the Employer’s Representative after assessing the claim considers
to be verified by contemporary records (whether or not such records were brought to the
Employer Representative’s notice as required under GCC Clause 17.2 [Contemporary
Records] and GCC Clause 17.3 [Substantiation of Claims].
17.8. Notice to the Contractor
Any notice to be given to the Contractor under the terms of the Contract shall be served
by sending the same by registered post to/or leaving the same at the Contractor’s
principal place (or in the event of the Employer being a Company to/or at its registered
office) as set out in the Contract Agreement.
17.9. Notice to the Employer
Any notice to be given to the Employer under the terms of the Contract shall be served by
sending the same by registered post to/or leaving the same at the Employer’s last known
address (or in the event of the Employer being a Company to/or at its registered office).
17.10. Notice to the Employer’s Representative
Any notice to be given to the Employer’s Representative under the terms of the Contract
shall be served by sending the same by registered post to/or leaving the same at the
Employer’s Representative last known address (or in the event of the Employer’s
Representative being a Company to/or at its registered office).
17.11. Assignment
Neither Party shall assign the whole or any part of the Contract or any benefit or interest
in or under the Contract without the prior written consent of the other Party.
17.12. Employment Opportunities to Employer Associates
No firm/company/individual working with the Employer shall, directly or indirectly,
provide employment to any Employee of the Employer or Transcon (“Associate”) who
has left the services of the Employer, for a period of 12 months from the time that the
said associate has left the Employer or Transcon. Further, no contractor shall, in any way,
interact with any serving Employer Associate in relation to job options/opportunities
outside the Employer or Transcon. Any violation of this clause shall be deemed to be a
serious violation of the contract and shall result in a penalty equivalent to 3 x the salary
 (last known cost to company to Employer) of the associate who is dealt with in violation
of this clause.
17.13. Representations and Warranties of the Contractor
The Contractor hereby represents and warrants to the Employer as follows:
1) The Contractor hereby represents and warrants that it shall obtain all the statutory
permissions/approvals from the Municipal Corporation or any other Government
Authorities for the purposes of the Contract and the Works and it shall keep valid
and subsisting all such permissions/approvals and the Employer shall not be
liable for any costs, expenses and claims in this regard and the Contractor agrees
to keep the Employer indemnified for any claims, costs and/or loss incurred by
the Employer in this regard. The Contractor undertakes to promptly provide all
copies of approvals to the Employer and the Employer shall not be liable for any
default and/or claims in this regard.
2) The Contractor represents to the Employer that it is incorporated under the
Companies Act, 1956 and has all the powers, authority to enter into and/or
execute this Agreement and perform the obligations herein and the Contractor
shall not take any action that would render any representation made by it
inaccurate
3) This Agreement constitutes a valid and binding obligation of the Contractor
enforceable against it in accordance with its terms. The execution and delivery of
this Agreement and the consummation of the transactions contemplated by this
Agreement have been duly authorized by all necessary action on the part of the
Contractor.
4) The execution, delivery and performance of this Agreement will not constitute a
breach of any statute, judgment or decree by which the Contractor is bound.
17.14. Transparency and Ethics
The Contractor will be governed by Transparency & Ethics Policy of Flora Group. In
case you come across any unethical practices at site, kindly contact our HO admin dept
directors., Information so received will be kept strictly confidential.