Comments on the new versions (2019) and Comparison Between:

STANDARD CONDITIONS FOR BUILDING AND CIVIL ENGINEERING WORKS

FOURTH EDITION, SEPTEMBER 1999
and
STANDARD CONTRACT FOR BUILDING AND CIVIL ENGINEERING WORKS, MAY 2019

Note:
1. This comparison only includes the English version. No attempt was made to compare the Arabic translation to English or vis versa.
2. No comment is made on the numbering, typos and management of the document.
3. The basis of the comparison is the 2019 version.

1999 2019
S.N. Subject Remark
Statement clause Statement clause
1. Title od document STANDARD CONDITIONS FOR BUILDING AND NA STANDARD CONTRACT FOR BUILDING AND NA In 2019, all forms are considered part of the agreement
CIVIL ENGINEERING WORKS CIVIL ENGINEERING WORKS
2. Title of Tender offer Form of Tender NA Letter of Tender NA The 2019 version is more legally binding.
3. Employer Personnel NA NA means the Engineer, the assistants and all other staff, Clause 1.1.2.3 I think the Engineer should not be called Employer Personnel.
labour and other employees of the Engineer and of the Legally, the Engineer is a standalone entity. The Engineer is hired by
Employer; and any other personnel notified to the the Employer to provide Design and/or supervision services.
Contractor, by the Employer or the Engineer, as Disputes may occur between the Employer and the Engineer.
Employer’s Personnel.
4. Priority of documents Not clear NA Priority of the documents shall be in accordance with Clause 1.5. The 2019 version recognises the importance of giving preferences to
the sequence in which they are listed in Paragraph [2] Paragraph 2 in the the documents. It is very important to put the proper sequence in
of the Form of Contract Agreement. Contract Paragraph 2. In my opinion, in case of discrepancies, the BoQ should
Agreement be given the priority as it the place where the prices are inserted.
5. Omanisation Not well stressed and were part of the Instructions to Very well stressed. SME. Clause 4.1.6- The 2019 version stresses on the Omanisation and the support to
Tenderers 7 Small and Medium Enterprises.
6. Completion (Taking-Over) Completion Certificate Taking Over Certificate I think the 2019 version is more appropriate as the Employer may
Certificate take over before completion or substantial completion.
7. Failure of Engineer to NA NA If the Engineer fails either to issue the Taking-Over Clause 10.1.5 - This Sub-Clause is not clear on the agent taking the decision if the
Take Over Certificate or to reject the Contractor’s application Engineer has failed to Take-Over.
within the period of twenty-eight (28) days, and if the - Who decides that the works are substantially completed? There
Works or Section (as the case may be) are should be a mechanism to solve this issue. Otherwise, the Engineer
substantially in accordance with the Contract, the will be weak in front of the Contractor.
Taking-Over Certificate shall be deemed to have been
issued.
8. Base date NA Base date is the date which is twenty-eight 28 days Clause 1.1.3.1 The 2019 version assumes long tendering period with 28 days
prior to the latest date for the submission of the Tender communication free between the Tenderer and the
Employer/Engineer. It throws a lot of responsibilities on the
Employer and the Tenderer that need to be achieved before the base
date including submission of document, responsibilities of changes in
the legislations, manpower base wages insurances, etc. I suggest
keeping this issue open for the Engineer/Employer to specify.
9. Anti-Bribery Laws NA NA This issue is defined in Sub-Clause 1.1.6.1 and Sub-Clause 1.1.6.1 This is a good addition made in the 2019 version.
discussed in Clause 17 and Clause 17
10. Reference to Contractor He “He” in some places and “It” in others. Many places I think the 1999 version is more appropriate.
11. Nomination of Sub- Usually done after the ratification of the Contract or in It is possible to nominate a Sub-Contractor in the Clause 5.1 The 2019 version allows nomination of Sub-Contractor during
Contractor the letter of acceptance. Contract. tendering or negotiation (before signing of the Contract). This is a
good improvement as the Employer can get the best Sub-Contractors
on Board by the Contract.
12. Contractor responsibilities Execute, complete, and maintenance In the Form Execute, Complete and remedy In the letter of The 2019 version is more specific. No maintenance but only Defect
of Tender Tender liability (DLP).
13. Currency R.O. Only In the Form R.O. or other In the letter of The 2019 version is more flexible. It also gives fixed R.O. exchange

14. Letter of Acceptance
15. Absence of Letter
Acceptance
16. Priority of document
17. Tender Board Registration
of SME
18.
19. Circular letters/ addenda
20. Agents for spare parts,
maintenance services and
repair
21.
22. Ruling Language
23. Performance Bond
24. Period for submission of
Performance Bond
of Tender Tender (item 1) rate for Foreign currency
(item 1)
Binding obligation upon us. Item 5 in the - Letter of acceptance cause binding agreement (Item - Item 4 in the - The statement in Item 4 in the Letter of Tender (2019) is weak
Form of 4 in the letter of tender) letter of tender. statement. There should be no binding agreement before the
Tender - Letter of Acceptance forms part of the Contract - Item 2 in the ratification of the agreement. The experience showed that many
Agreement (Item 2 in the Contract Agreement) Contract contractors received letters of acceptances but some projects were
Agreement not executed due to non-signature of agreement due to different
reasons including financial situation of the country. I suggest
changing the title of the Letter of Acceptance to the Letter of
Intent.
- The statement in Item 2 in the Contract Agreement (2019) is the
correct location and value of the Letter of Acceptance as part of the
Contract Agreement. Not in the format put in the Letter of Tender.
of NA NA If there is no such letter of acceptance, the expression Sub-Clause 1.1.1.6 - This sub-clause implies that a Contract Agreement can be signed
[Letter of Acceptance] means the Contract without Letter of Acceptance. In this case, the date of signing the
Agreement and the date of issuing or receiving the Contract Agreement is considered the date of issuing the Letter of
Letter of Acceptance. Acceptance.
- This sub-clause indirectly reduces the importance of the Letter of
Acceptance, contradicting Item 4 in the Letter of Tender which
considers the Letter of Acceptance as binding agreement, and item 5
in the Form of Tender which considers the Letter of Acceptance as
part of the Contract Agreement.
- This also implies that we can ask the Contractor to provide the
Performance Bond and the Insurances without Letter of Acceptance.
NA NA The documents forming the Contract are to be taken Paragraph [2] of - This is very important issue.
as mutually explanatory of one another. For the the Form of - It is not clear whether the Employer/Engineer has the right to
purposes of interpretation, the priority of the Contract change the sequence of the documents provided in Paragraph [2]
documents shall be in accordance with the sequence Agreement of the Form of Contract Agreement. If allowed, The
in which they are listed in Paragraph [2] of the Form Employer/Engineer should be very careful in arranging the
of Contract Agreement. sequence of the documents in the Form of Contract Agreement.
- I suggest that this order is emphasized in the letter of acceptance.
- In my opinion the BoQ should be given the preference after the
Conditions of Contract.
NA NA [SME] means a small or medium size Omani Sub-Clause 1.1.2.7 - Why do need Tender Board registration for SME?
enterprise, which is registered as such with both the
Public Authority for Development of Small and
Medium Enterprises and with the Tender Board.
-
Circular letters Item 7 in the Addenda Item 6 in the Letter I suggest using the word “written instructions”.
Form of of Tender
Tender
NA NA Item 7 in the letter I think this statement is not required. It may affect the tender
of tender. evaluation. Usually, contractors should not be bound with spare
parts.
The Language in which the Contract document have Clause 5(1) Kept open Item 10 in I recommend using either “Arabic” or “English” and should go in
been drafted. (a). Item 1 in Appendix A to the line with the correspondences.
the Appendix Form of Contract
to the Form
of Tender
5% of contract value. Clause 10. Let to the Employer to decide Clause 4.2.1. Item Version 2019 is more flexible but the Employer must insert this
Item 2 in the 14 in the Appendix value in the Tender Document and should not be left until ratification
Appendix to A to form of of contract.
Form of Contract.
Tender
10 days from the date of letter of Acceptance for Clause 10. 10 working days from the date of letter of Acceptance Clause 4.2.2 The 2019 is more specific in terms of working days.
companies in Oman. 20 days for companies outside for companies in Oman. 20 working days for
Oman. companies outside Oman.
25. Period of validity of Ends at the maintenance period. Clause 10. 60 days after Performance Certificate Clause 4.2.3 Version 2019 is better. It gives enough time to the employer to make
Performance Bond sure that the defects are fixed.
26. Rectification of defects Defect Liability Period Defect Notification Period I think the title used by the 2019 version is more appropriate. It is in
the favour of the Employer.
27. Last date to rectify defects End of Defects Liability Period + 14 days As soon as practicable. Clause 11.1 - The last date to report defects to the Contractor is the last date of
DNP.
- What is the last date for rectifying the defects?
- If the defects are not rectified until just before the expiration date of
the Performance Bond, can the Employer rectify it by others and
deduct the cost of Performance Bond.
- Can the Employer instruct extension of the Performance Bond until
the rectification is completed?
28. Minor repairs Repair of Defects list Clause 49.2-4 Punch List Items Clause 1.1.3.12 The 1999 version is more relevant.
29. Latent defect (structural For 10 years after the date of issue of the last Clause 62.4 For 10 years after the expiry of DNP (Clause 11.8(a)). Clause 11.8 (a) Version 2019 is better as it requires the contractor to provide
safety defects) Maintenance Certificate. Clause 11.11.2 requires the contractor to provide insurance against latent defects caused by workmanship or material
Insurance Policy for the 10 years’ period. quality.
30. Change of unit price rate More than 10% in the case of measured quantities as per Clause52.3(b) Change of rate is allowed under certain conditions. Clause 12.5.3(a) I think the 2019 version is more logical and it is in the favour of the
Clause 52. Clause 12.5.3 (a) allows change of unit rate of the Employer.
measured quantities if it exceeds 35%.
31. Value Engineering Not clear NA Clause 13.2 gives reference to the VE. Clause 13.2 Although most of the VE is carried out during the design stage, it is
good to do something during construction. However, experience
showed that most of the cuts are made in the structure which in many
cases lead to structural failure and disputes.
32. Adjustment for change in Not clear Clause 13.6 emphasises the right of the /Employer Clause 13.6 This is fair for every party. However, the procedure is not clear. Who
legislation Contractor for compensation i.e. basic wage changes takes/pay the difference, i.e. ministry of finance, the Employer or the
by government. authority that issued the legislation.

33. Discharge Statement
NA NA When submitting the Final Statement, the Contractor Clause 14.14 This is good. It saves the Employer from any further claims.
shall submit a written discharge which confirms that
the total of the Final Statement represents full and final
settlement of all moneys due to the Contractor under
or in connection with the Contract. This discharge may
state that it becomes effective when the Contractor has
received the Performance Bond and the outstanding
balance of this total, in which event the discharge shall
be effective on such date.

34. DLP Pre-defined period of maintenance (365 days) + 14 days. Clause 49(2). Defects Notification Period (not predefined) + 60 days (Clause 1.1.3.4). The 2019 version put an end date for notifying the contractor about
Appendix to performance (clause 4.2.3) Appendix A to the defects. I think we need to stress the number of days for solving
the Form of Form of Contract the defect after notifying. Also, the defects that touch the safety of
Tender (item (item 7) + people or building (Latent defects) can be notified any time for a
7) Performance period of 10 years after the DLP.
(clause 4.2.3)
35. Mobilization period Period of Commencement from Engineer order to Appendix to Mobilization period is as instructed by the Engineer or Clause 1.1.3.2. Item I think the 1999 version is better. It specifies, during tendering stage,
commence. the Form of within (…..) days from the effective date. 4 of Appendix A to the number of days that the contractor has to commence from the
Tender (item Form of Contract . order to commence (Letter of Commencement) so the contractor
4) knows beforehand and should be ready to commence. In addition,
with exception to Appendix A, no mention is made to the
Mobilization period or what the Contractor should do during this
period, in the Letter of Tender and its documents.
36. Time for completion One completion Appendix to Choices for completion of all works or sectional Appendix A to The 2019 version is better, especially for projects with multiple
the Form of completion Form of Contract phases or segments. However, no mention of the Contract
Tender (item (items 5 & 6) Completion Period in the Letter of Tender or its attachments

37. Advance payment
38. Recovery of Advance
Payment (amortisation)
39. Correspondence
40. Electronic transmission
system for communication
41. Interest rate for delay of
payment
42. Payment of plant and
material on route to site.
43. Payment of plant and
material when delivered to
the site.
44. Third Party Insurance
45. Insurances
46. Value of insurance of
works
47. Time of submission of
insurances
48. Final settlement of disputes
5) although specified in Appendix A.
Fixed as 10% of contract value excluding sums for Clause 60(2). Open. To be inserted by Employer Clause 14.2.1. Item I think version 2019 is more flexible. Some of the works/contractors
contingencies Item 10 of 19 of Appendix A may not need advance payment. So no need for advance payment
Appendix to to Form of Contract bond. 10% is good value for large projects but if the project is very
Form of small, it is not worth having advance payment and no Advance
Tender Payment Bond is required.
Fixed as 10% of the total interim certificates up to the Clause 60(4) Lift open to be filled by the Employer. If not filled a Clause 14.2.4. Item I think the 2019 is better as it allows different value which is helpful
value of advance (b). Item 11 10% deduction shall be made from each interim 20 of the Appendix in case we have less than 10 certificate.
of Appendix certificate until full recovery. A to Form of
to Form of Agreement.
Agreement.
English & Arabic Item 11 of The 2019 version is difficult. It means that every correspondence
Appendix A should be written in English and Arabic. I recommend using Arabic
and/or English.
NA NA Applicable Clause 1.3.1(a) The 2019 is more convenient. It is allowed provided that the
Employer fill the required space.
Fixed 7% per annum Clause 60 (9). Open. To be inserted by the Employer. Clause 14.9.1. Item I think the 2019 is better because it gives chance to insert a fair rate
Item 18 of the 26 of Appendix A based on inflation of currency.
Appendix to to the Form of
the form of Contract
agreement
NA NA 80% of Engineer Determination Clauses 7.10.2, - I think version 1999 is better, because the owner ship of the plant
14.5.1.c. Item 23 of and material is still with the Contractor since it did not reach the
Appendix A to the site.
Form of Contract. - This Sub-Clause will open a laborious process that is difficult to
deal with, as the Contractor will bring statements for payment of
many items that require management and handling by the
Employer.
- The process of managing such payments requires that the plants
and Materials are procured on the name of the Employer which
means that the Bond for the Advance Payment that Contractor pay
to the Manufacturers should be on the name of the Employer,
similarly the insurances of transporting and handling.
- I suggest to delete this item and replace it with allowance of a
limited amount loan (i.e. % of the unpaid Contract Amount) that
can be given to the Contractor against a Loan Bond.
80% of the net value (actual cost) 60(4)(b) 80% of Engineer determination Clause 14.5.b I think version 1999 is better. This issue should not be lift for
judgment of Engineer.
Open but available. Clause 23(2). Not explicitly specified. Might be embedded in 20.3 Read clause 20.3.1 The 1999 version was clear. This insures against claims raised by any
Item 3 of (Insurance against injury to persons & damage of third party to damages to any properties or injuries, diseases or
Form to Form property. deaths people other than the contractor’s properties and staff
of Agreement Including the employer or any agent. It is not explicitly given as
standalone insurance in the 2019 version.
5 separate insurances were required. (1) Insurance of Clauses 21- 3 insurances are required. (a) insurance for works and Clauses 20.2-20.4 Insurance (a) of 2019 covers insurances (1)-(3) of 1999. Insurance
works (Cl. 21(a), (2) Insurance of contractor’s 24 equipment (Cl.20.2), (b) insurance against injury to (c) of 2019 covers insurance (5) of 1999. Insurance (b) of 2019 may
construction plants (Cl. 21(b) (3) Insurance of sub- persons & damage to property (Cl.20.3), (c) insurance implicitly covers insurance (4( of 1999.
contractors’ construction plants (Cl. 21(c), (4) Third for contractor’s personnel (Cl.20.4).
party insurance (Cl. 22.1 and 23), (5) Insurance of
workmen’s compensation (Cl. 24)
115% Clause 21(a) Open to be filled by the Employer. Full reinstatement Clause 20.2.4(b). I thick version 1999 is more specific. It unifies the value of 115%
including demolition, removal of debris, and Item 29 in and does not leave it for under or over estimation.
professional fees. Appendix A to
Form of Contract.
Prior to commencement of works Clause 21(c). To be filled by the Employer. It specifies submission Clause 20.1.4. Item I think the 2019 is more flexible. It allows the process of ratification
of evidences and the actual relevant polices. The date 28 in Appendix A of contract based on evidence of insurance and possibly during the
should be calculated from the date of commencement. to Form of mobilization period until the actual polices are provided..
Contract.
Amicable Solution + Arbitration Clause 67. Amicable Solution +Arbitration or litigation Clause 22.3-22.4 In both versions the solution starts with Amicable solution. Then, if

49. Revoking of delegation of
Engineer’s duties
50. Contractor representative
51. Contractor examining the
design works
52. Annexes
53. Monthly progress report
54. Penalty on the Contractor
to compensate the
Employer for Payment
incurred due to Extended
Time of the Engineer.
55. Penalty on the Contractor
to compensate the
Employer for Payment
incurred allowing the
Contractor to apply his
revised Program.
56. Force Majeure
57. Insurance after the
Performance certificate
The Engineer can delegate some of his duties but no Clause 2.2 The Engineer may from time to time assign duties and
clear mention to revoking of delegation delegate authority to assistants, and may also revoke
such assignment or delegation.
NA NA The words “Contractor representative” is mentioned in
Sub-Clause 3.2.3 but not defined in Clause 1.
Not clear NA The Contractor is required to examine and carefully
check any design or associated documentation in the
Employer’s documents and has to determine that such
design is suitable to ensure that the Works, when
completed, shall be in accordance to the requirements
of the Contract, and shall give prompt notice to the
Engineer, with a copy to the Employer, of any error,
omission, fault or other defects discovered in the
Employer’s documents when reviewing the Contract
or executing the Works.
Not specified NA - Annex 1 = Form of Performance Bond
- Annex 2 = Not referred to in the Contract
Agreement.
Annex 3 = Omanisation requirement and SME
Content. Not annexed.
Not specifically standalone NA Very clear and put as standalone item in Clause 4.21
To be borne by the Employer. To be borne by the Contractor
NA NA If these revised methods cause the Employer to incur
additional costs, the Contractor shall subject to Sub-
Clause 2.40 [Employer’s Claims] pay these costs to the
Employer, in addition to delay damages and penalties
(if any) under Sub-Clause 8.7 Delay Penalties] below.
Considered as special risks. Elaboration is given in the Clause 65(5) Separate Clause called Force Majeure
Consultant contract (1987)
Whenever the Works pertain to or include the Clause 64(4) Whenever the Works pertain to or include the
construction of any structure or buildings the Contractor construction of any structure or buildings, the
shall further be held responsible for the safety of the Contractor shall be further held responsible for the
not solved, the 1999 goes for Arbitration while the 2019 gives the
chance for either Litigation or Arbitration. I assume that the
Arbitration takes shorter time and closer to technical issues. It only
after failure of the Arbitration, the issue should go to Litigation.
Clause 3.2.1 - The approval of the Employer on the Engineer’s
assistants is missing.
- I suggest that any delegation to assistants should gain
the Employer Approval.
Sub-Clause 3.2.3 - The Contractor’s Representatives are not defined in
the Clause 1
- The Contractor’s Representatives should be defined in
Clause e 1.
Clause 4.1.8.1(c) This is unusual unless the Contractor is paid to check the design
works. Here, the responsibility of the design work is diluted.
- I assume that Annex 1 is the Performance Bond. Annex 2 is the
Advance Payment Bond.
- Annex 3 (Omanisation requirement and SME Content) has been
mentioned in several locations but the form and requirements are
not annexed in the Contract Agreement.
Clause 4.21 The 2019 version explicitly expresses the importance of the Progress
Report.
Clause 8.8.1 - This Sub-Clause is not clear whether this payment is addition to the
maximum Penalty Payment or the total Penalty shall not exceed
10%.
- If it is addition to the maximum penalty payment, I think this is
unfair, as the Contractor will pay for the extended Engineer
Services while he has no control on the Contract made between the
Employer and the Engineer.
- The Contractor has to estimate the possible cost of such service for
unknown period. This will unnecessarily increase the Contract
Value for a service that may not be needed.
- No place in Appendix A is given to insert the value of the Penalty
for the Extended Engineer Services
- If this an additional payment above the maximum 10% then this
Sub-Clause should be rephrased as “Without prejudice to Sub-
Clause 8.3.2, Sub-Clause 8.7.1, and in addition, if the Contractor
fails to comply with the Time for Completion under Sub-Clause 8.2
[Time for Completion] then ………………”.
- I think there should be no additional payment to the Contractor
other than the Delay Penalty.
Clause 8.6.2 - Unlike Sub-Clause 8.8.1, this Sub-Clause clearly allows additional
penalty on the Contractor if he caused additional cost to the
Employer.
- This is a compensation to the Employer for the additional cost he
incurred to allow the Contractor to apply his revised Program.
Clause 21 The 2019 version is more clear on the Force majeure.
Clause 11.11 (2) The 2019 version asks for insurance. The procedure and judgement
method on the cause of failure is not clear. The cost of the project
will increase. The existence of the Contractor after 10 years is under
 same for a period of 10 years against such unsound
construction, other than design defects, which may lead
to failure of the structure or its collapse without any
other apparent cause. For this purpose the liability under
the Contract shall be deemed to be operative for a period
of 10 years from the date of issue of the last
Maintenance Certificate.
58. QA//QC systems
59. Typos/corrections NA
safety of the same for a period of ten (10) years against question.
unsound construction, other than design defects by
others, which may lead to failure of the structure or its
collapse not due to an apparent cause or due to Force
Majeure, and the Contractor shall upon a written
request of the Employer, provide an insurance policy
covering this risk effected prior to the Commencement
Date with an insurer registered in the Sultanate of
Oman and in terms to be approved by the Employer.
In the Contract document some Sub-Clauses Clauses 4.8.1, 4.8.3, In the 2019 version, the word “Quality Assurance” should be
mentioned the “Quality Assurance” while it should be 4.21.4(e) replaced with “Quality Control”
“Quality Control”. The Quality Assurance is mostly
done during the design stage.
NA - Everywhere in the whole document replace See relevant Sub- This some of typos/ corrections/additions/omissions I figured out so
the “quality assurance” with Quality Control” Clauses far.
- In many places the words “Contract Price”
are used in the place of “Accepted Contract
Amount”. This requires careful attention.
- Correct 1.1.4.6 to read “……..Sub-Clause
14.13 [Application for Final …… “
- Correct Sub-Clause 2.1.3(b) to read
“……..with Sub-Clause 3.5 [Determinations]
…….”
- Correct Sub-Clause 3.1.3(d) to read “ ………
with Sub-Clauses 13.1 [Right to Vary] and
….”
- Correct Sub-Clause 4.6.4 to read “ …..
subject to Sub-Clause 22.1 [Contractor’s
Claims] “
- Correct Sub-Clause 4.11.1 to read “ ….. The
Contract Accepted Amount shall not be
amended by reason ….”
- Delete “including sub-surface and
hydrological conditions but excluding
climatic conditions.” After the “….. at the
Site when executing the Works, in Sub-
Clause 4.12.1.
- Replace the “……has been notified of
the Contractor’s entitlement, then
the Employer may (at his sole
discretion)….” With “has been
notified of the S u b - Contractor’s
entitlement, then the Employer may
(at his sole discretion).
- Give number “6.11” to Foreign Staff
Labour
- Replace “if the Employer fails to carry
out any….” With “if the Engineer fails
to carry out any….” In Sub-Clause
7.4.3
- Replace “is” with “are’ in Sub-Clause
8.2.1(b) to read “ ….works which are stated
in the ….”
- Correct Sub-Clause 8.7.1 to read ”……. the
Contractor shall subject to Sub-Clause
 2.4 [Employer’s Claims] pay…”
- Correct Sub-Clause 8.1.1 to read “
………the Contractor shall pay to the
Employer the sum stated in the
Appendix A to the Contract
Agreement Tender as a payment for
extended Engineering ……….”
- Correct Sub-Clause 8.10.1(b) to read
”…… proceed in accordance with
Sub-Clause 3.5 [Determinations]…….”
- Correct Sub-Clause 9.1.1 to read ”……
after providing the documents in
accordance with Sub-Clause 4.1
[Contractor’s General Obligations]…..
- Insert the word “in” in Sub-Clause
9.1.3 to read “Unless otherwise
stated in the Contract the Tests on
Completion shall…….”
- Correct Sub-Clause 11.2.1 to read “All
work referred to in Sub-Clause 11.1.1
shall be executed at the……”
- Correct Sub-Clause 11.1.2(a) to read
“Contractor shall subject to Sub-
Clause 2.4 [Employer’s Claims] pay
……”
- Correct Sub-Clause 13.3.4 to read
“….Contractor's proposal given under
Sub-Clause 13.3.1 is agreed by the
Engineer ……”
- Correct Sub-Clause 14.2.5 to read
“….or Clause 21.0 [Force Majeure] (as
the case may be), the whole ……”
- Insert correct numbers for (g) and (h) inSub-
Clause 14.3.2.
- Delete “under Sub-Clause 24.3.2” from
Sub-Clause 14.5.4 to read “……..ment
will become due when the contract
value is included. At……….”
- Coreect Sub-Clause 15.2.2 to read
“……….. in the case of Sub-Clauses
(f) or (g), the Employer may, by
notice, terminate the Contract
immediately.”
- Correct Sub-Clause 15.3.1 to read
“……in accordance with Sub-Clause
3.5 [Determinations] to …..”
- Correct Sub-Clause 16.1.2 to read “
 …..as described in Sub-Clause 16.1.1
above, before the effective date of
any notice of termination under
Sub-Clause 16.2 [Termination by
Contractor], the Contractor…”
- Correct the last sentence of Sub-
Clause 16.1.3 to read “After receiving
this notice, the Engineer shall
proceed in accordance with Sub-
Clause 3.5 [Determinations] to agree
….. “
- Delete the word “the” from Sub-
Clause 16.3.1(b) to read ‘……Materials
and other work, for which the
Contractor has received payment
and deliver to the Site at the its own
risk and cost, any such items which
are not located …….”
- Insert the word “he” in Sub-Clause 20.2.5(b)
to read “be deemed, unless he obtains
the cover at commercially …”
- Define UNCITRAL Arbitration Rules in
Clause 1.
- Correct Sub-Clause 14.1(a) to read “……
him under the Contract, and the
Contract Price Accepted Contract
Amount shall not be adjusted for any
of these costs except as stated in
Sub- ……….)
- Correct Sub-Clause 13.4.1 to read
“…….. the Engineer’s instructions, and
the Contract Price Accepted Contract
Amount shall be adjusted accordingly.
……..”
60. Nominated sub-Contractor “who is stated in the Contract as being a Clause 5.1(a) The definition is not clear. Does that mean the Sub-Contractor can be
appointed before while or before that selection of the main
nominated Subcontractor”
Contractor, say named in the Tender Document? or negotiated with
the main Tenderer during the Tender Analysis?
61. Evidence of Payments NA NA The statement (ii) “submits to the Engineer Clause 5.4.1(b)(ii) - The statement (ii) “submits to the Engineer reasonable evidence
that the nominated Subcontractor has been notified of the
reasonable evidence that the nominated
Contractor’s entitlement,” is not clear.
Subcontractor has been notified of the - Does the entitlement of the main Contractor allow the Employer to
Contractor’s entitlement,” is not clear. pay the Sub-Contractor directly? No relation!
- I suggest to phrase statement (ii) as ““submits to the Engineer
reasonable evidence that the nominated Subcontractor has been
notified of his entitlement to payment, and the main Contractor
allow the Employer to pay the Sub-Contractor directly, then …..”
- How about sub-contractors who are not nominated? Do they have
the same right for direct payment by the Employer?
62. -
63.