# Description

1 General Provisions
1.1 Definitions
1.1.1 The Contract
1.1.1.1 Contract
1.1.1.2 Contract Agreement
1.1.1.3 Letter of Acceptance
1.1.1.4 Letter of Tender
1.1.1.5 Specifications
1.1.1.6 Drawings
1.1.1.7 Schedules
1.1.1.8 Tender
1.1.1.9 Bill of Quantities
1.1.1.10 Contract Data
1.1.2 Parties and Persons
1.1.2.1 Party
1.1.2.2 Employer
1.1.2.3 Contractor
1.1.2.4 Engineer
1.1.2.5 Contractor's Representative
1.1.2.6 Employer's Personnel
1.1.2.7 Contractor's Personnel
1.1.2.8 Subcontractor
1.1.2.9 BD
1.1.2.10 FIDIC
1.1.2.11 Bank
1.1.2.12 Borrower
1.1.3 Dates, Test, Periods and Completion
1.1.3.1 Base Date
1.1.3.2 Commencement Date
1.1.3.3 Time for Completion
1.1.3.4 Test on Completion
1.1.3.5 Taking Over Certificate
1.1.3.6 Test after Completion
1.1.3.7 Defects Notification
1.1.3.8 Performance Certificate
1.1.3.9 Day
1.1.4 Money and payment
1.1.4.1 Accepted Contract Amount
1.1.4.2 Contract Price
1.1.4.3 Cost
1.1.4.4 Final payment Certificate
1.1.4.5 Final Statement
1.1.4.6 Foreign
Clause & SubClause
1.1.4.7 Interim payment Certificate
1.1.4.8 Local Currency
1.1.4.9 Payment Certificate
1.1.4.10 Provisional Sum
1.1.4.11 Retension Money
1.1.4.12 Statement
1.1.5 Works and Goods
1.1.5.1 Contractor's Equipment
1.1.5.2 Goods
1.1.5.3 Materials
1.1.5.4 Permanent Works
1.1.5.5 Plant
1.1.5.6 Section
1.1.5.7 Temporary Works
1.1.5.8 Works and Goods
1.1.6 Other Definitions
1.1.6.1 Contractor's Document
1.1.6.2 Country
1.1.6.3 Employer's Equipment
1.1.6.4 Force Majeure
1.1.6.5 Laws
1.1.6.6 Performance Security
1.1.6.7 Site
1.1.6.8 Unforeseeable
1.1.6.9 Variation
1.1.6.10 Notice of Dissatisfaction
1.2 Interpretation
1.2a Interpretation
1.2b Interpretation
1.2c Interpretation
1.2d Interpretation
1.2e Interpretation
1.3 Communications
1.3a Communications
1.3b Communications
1.3bi Communications
1.3bii Communications
1.4 Law and Language
1.5 Priority of Documents
1.5a Priority of Documents
1.5b Priority of Documents
1.5c Priority of Documents
1.5d Priority of Documents
1.5e Priority of Documents
1.5f Priority of Documents
1.5g Priority of Documents
1.5h Priority of Documents
1.5hi Priority of Documents
1.6 Contract Agreement
1.7 Assignment
1.7a Assignment
1.7b Assignment
1.8 Care and Supply of Documents
1.9 Delayed Drawings or Instructions
1.9a Delayed Drawings or Instructions
1.9b Delayed Drawings or Instructions
1.10' Employer's Use of Contractor's Documents
1.10'a Employer's Use of Contractor's Documents
1.10'b Employer's Use of Contractor's Documents
1.10'c Employer's Use of Contractor's Documents
1.11 Contractor's Use of Employer's Documents
1.12 Confidential Details
1.13 Compliance with Laws
1.13a Compliance with Laws
1.13b Compliance with Laws
1.14 Joint and Several Liability
1.14a Joint and Several Liability
1.14b Joint and Several Liability
1.14c Joint and Several Liability
1.15 Inspections and Audit by the Bank
2 The Employer
2.1 Right of Access to the Site
2.1a Right of Access to the Site
2.1b Right of Access to the Site
2.2 Permits, Licences or Approvals
2.2a Permits, Licences or Approvals
2.2b Permits, Licences or Approvals
2.2bi Permits, Licences or Approvals
2.2bii Permits, Licences or Approvals
2.2biii Permits, Licences or Approvals
2.3 Employer's Personnel
2.3a Employer's Personnel
2.3b Employer's Personnel
2.4 Employer's Financial Arrangements
2.5 Employer's Claims
3 The Engineer
3.1 Engineer's Duties and Authority
3.1a Engineer's Duties and Authority
3.1b Engineer's Duties and Authority
3.1c Engineer's Duties and Authority
3.1d Engineer's Duties and Authority
3.1A Engineer's Duties and Authority
3.1B Engineer's Duties and Authority
3.1Bi Engineer's Duties and Authority
3.1Bii Engineer's Duties and Authority
3.1C Engineer's Duties and Authority
3.1D Engineer's Duties and Authority
3.2 Delegation by the Engineer
3.2a Delegation by the Engineer
3.2b Delegation by the Engineer
3.3 Instructions of the Engineer
3.3a Instructions of the Engineer
3.3b Instructions of the Engineer
3.3c Instructions of the Engineer
3.4 Replacement of the Engineer
3.5 Determinations
4 The Contractor
4.1 Contractor's General Obligations
4.1a Contractor's General Obligations
4.1b Contractor's General Obligations
4.1c Contractor's General Obligations
4.1d Contractor's General Obligations
4.2 Performance Security
4.3 Contractor's Representative
4.4 Subcontractors
4.4a Subcontractors
4.4b Subcontractors
4.4c Subcontractors
4.4d Subcontractors
4.5 Assignment of Benefit of Subcontract
4.6 Co-operation
4.6a Co-operation
4.6b Co-operation
4.6c Co-operation
4.7 Setting Out
4.7a Setting Out
4.7b Setting Out
4.8 Safety Procedures
4.8a Safety Procedures
4.8b Safety Procedures
4.8c Safety Procedures
4.8d Safety Procedures
4.8e Safety Procedures
4.9 Quality Assurance
4.10' Site Data
4.10'a Site Data
4.10'b Site Data
4.10'c Site Data
4.10'd Site Data
4.10'e Site Data
4.11 Sufficiency of the Accepted Contract Amount
4.11a Sufficiency of the Accepted Contract Amount
4.11b Sufficiency of the Accepted Contract Amount
4.12 Unforeseeable Physical Conditions
4.12a Unforeseeable Physical Conditions
4.12b Unforeseeable Physical Conditions
4.13 Rights of Way and Facilities
4.14 Avoidance of Interference
4.14a Avoidance of Interference
4.14b Avoidance of Interference
4.15 Access Route
4.15a Access Route
4.15b Access Route
4.15c Access Route
4.15d Access Route
4.15e Access Route
4.16 Transport of Goods
4.16a Transport of Goods
4.16b Transport of Goods
4.16c Transport of Goods
4.17 Contractor's Equipment
4.18 Protection of the Environment
4.19 Electricity, Water and Gas
4.20' Employer's Equipment and Free-Issue Materials
4.20'a Employer's Equipment and Free-Issue Materials
4.20'b Employer's Equipment and Free-Issue Materials
4.21 Progress Reports
4.21a Progress Reports
4.21b Progress Reports
4.21c Progress Reports
4.21ci Progress Reports
4.21cii Progress Reports
4.21ciii Progress Reports
4.21ciiii Progress Reports
4.21d Progress Reports
4.21e Progress Reports
4.21f Progress Reports
4.21g Progress Reports
4.21h Progress Reports
4.22 Security of the Site
4.22a Security of the Site
4.22b Security of the Site
4.23 Contractor's Operations on Site
4.24 Fossils
4.24a Fossils
4.24b Fossils
5 Nominated Subcontractors
5.1 Definition of nominated Subcontractor
5.1a Definition of nominated Subcontractor
5.1b Definition of nominated Subcontractor
5.2 Objection to Nomination
5.2a Objection to Nomination
5.2b Objection to Nomination
5.2c Objection to Nomination
5.2ci Objection to Nomination
5.2cii Objection to Nomination
5.2ciii Objection to Nomination
5.3 Payments to nominated Subcontractors
5.4 Evidence of Payments
5.4a Evidence of Payments
5.4b Evidence of Payments
5.4bi Evidence of Payments
5.4bii Evidence of Payments
6 Staff and labour
6.1 Engagement of Staff and Labour
6.2 Rates of Wages and Conditions of Labour
6.3 Persons in the Service of Employer
6.4 Labour Laws
6.5 Working Hours
6.5a Working Hours
6.5b Working Hours
6.5c Working Hours
6.6 Facilities for Staff and Labour
6.7 Health and Safety
6.8 Contractor's Superintendence
6.9 Contractor's Personnel
6.9a Contractor's Personnel
6.9b Contractor's Personnel
6.9c Contractor's Personnel
6.9d Contractor's Personnel
6.10' Records of Contractor's Personnel and Equipment
6.11 Disorderly Conduct
6.12 Foreign Personnel
6.13 Supply of Foodstuffs
6.14 Supply of Water
6.15 Measures against Insect and Pest Nuisance
6.16 Alcoholic Liquor or Drugs
6.17 Arms and Ammunition
6.18 Festival and Religious Customs
6.19 Funeral Arrangements
6.20' Forced Labour
6.21 Child Labour
6.22 Employment Records of Workers
6.23 Workers Organisations
6.24 Non-Discrimination and Equal Opportunity
7 Plant, Materials and Workmanship
7.1 Manner of Execution
7.1a Manner of Execution
7.1b Manner of Execution
7.1c Manner of Execution
7.2 Samples
7.2a Samples
7.2b Samples
7.3 Inspection
7.3a Inspection
7.3b Inspection
7.4 Testing
7.4a Testing
7.4b Testing
7.5 Rejection
7.6 Remedial Work
7.6a Remedial Work
7.6b Remedial Work
7.6c Remedial Work
7.7 Ownership of Plant and Materials
7.7a Ownership of Plant and Materials
7.7b Ownership of Plant and Materials
7.8 Royalties
7.8a Royalties
7.8b Royalties
8 Commencement, Delays and Suspension
8.1 Commencement of Works
8.1a Commencement of Works
8.1b Commencement of Works
8.1c Commencement of Works
8.1d Commencement of Works
8.2 Time for Completion
8.2a Time for Completion
8.2b Time for Completion
8.3 Programme
8.3a Programme
8.3b Programme
8.3c Programme
8.3d Programme
8.3di Programme
8.3dii Programme
8.4 Extension of Time for Completion
8.4a Extension of Time for Completion
8.4b Extension of Time for Completion
8.4c Extension of Time for Completion
8.4d Extension of Time for Completion
8.4e Extension of Time for Completion
8.5 Delays Caused by Authorities
8.5a Delays Caused by Authorities
8.5b Delays Caused by Authorities
8.5c Delays Caused by Authorities
8.6 Rate of Progress
8.6a Rate of Progress
8.6b Rate of Progress
8.7 Delay Damages
8.8 Suspension of Work
8.9 Consequences of Suspension
8.9a Consequences of Suspension
8.9b Consequences of Suspension
8.10' Payment for Plant and Materials in Event of Suspension
8.10'a Payment for Plant and Materials in Event of Suspension
8.10'b Payment for Plant and Materials in Event of Suspension
8.11 Prolonged Suspension
8.12 Resumption of Work
9 Tests on Completion
9.1 Contractor's Obligations
9.2 Delayed Tests
9.3 Retesting
9.4 Failure to Pass Tests on Completion
9.4a Failure to Pass Tests on Completion
9.4b Failure to Pass Tests on Completion
9.4c Failure to Pass Tests on Completion
10 Employers Taking Over
10.1 Taking Over of the Works and Sections
10.1a Taking Over of the Works and Sections
10.1b Taking Over of the Works and Sections
10.2 Taking Over of Parts of the Works
10.2a Taking Over of Parts of the Works
10.2b Taking Over of Parts of the Works
10.2c Taking Over of Parts of the Works
10.3 Interference with Tests on Completion
10.3a Interference with Tests on Completion
10.3b Interference with Tests on Completion
10.4 Surfaces Requiring Reinstatement
11 Defects Liability
11.1 Completion of Outstanding Work and Remedying Defects
11.1a Completion of Outstanding Work and Remedying Defects
11.1b Completion of Outstanding Work and Remedying Defects
11.2 Cost of Remedying Defects
11.2a Cost of Remedying Defects
11.2b Cost of Remedying Defects
11.2c Cost of Remedying Defects
11.3 Extension of Defects Notification Period
11.4 Failure to Remedy Defects
11.4a Failure to Remedy Defects
11.4b Failure to Remedy Defects
11.4c Failure to Remedy Defects
11.5 Removal of Defective Work
11.6 Further Tests
11.7 Right of Access
11.8 Contractor to Search
11.9 Performance Certificate
11.10' Unfulfilled Obligations
11.11 Clearance of Site
12 Measurement and Evaluation
12.1 Works to be Measured
12.1a Works to be Measured
12.1b Works to be Measured
12.2 Method of Measurement
12.2a Method of Measurement
12.2b Method of Measurement
12.3 Evaluation
12.3ai Evaluation
12.3aii Evaluation
12.3aiii Evaluation
12.3aiv Evaluation
12.3bi Evaluation
12.3bii Evaluation
12.3biii Evaluation
12.4 Omissions
12.4a Omissions
12.4b Omissions
12.4c Omissions
13 Variations and Adjustments
13.1 Right to Vary
13.1a Right to Vary
13.1b Right to Vary
13.1c Right to Vary
13.1d Right to Vary
13.1e Right to Vary
13.1f Right to Vary
13.2 Value Engineering
13.2a Value Engineering
13.2b Value Engineering
13.2c Value Engineering
13.2ci Value Engineering
13.2cii Value Engineering
13.3 Variation Procedure
13.3a Variation Procedure
13.3b Variation Procedure
13.3c Variation Procedure
13.4 Payment in Applicable Currencies
13.5 Provisional Sums
13.5a Provisional Sums
13.5b Provisional Sums
13.5bi Provisional Sums
13.5bii Provisional Sums
13.6 Daywork
13.6a Daywork
13.6b Daywork
13.6c Daywork
13.7 Adjustments for Changes in Legislation
13.7a Adjustments for Changes in Legislation
13.7b Adjustments for Changes in Legislation
13.8 Adjustments for Changes in Cost
14 Contract Price and Payment
14.1 The Contract Price
14.1a The Contract Price
14.1b The Contract Price
14.1c The Contract Price
14.1ci The Contract Price
14.1cii The Contract Price
14.1d The Contract Price
14.2 Advance Payment
14.2a Advance Payment
14.2b Advance Payment
14.3 Application for Interim Payment Certificates
14.3a Application for Interim Payment Certificates
14.3b Application for Interim Payment Certificates
14.3c Application for Interim Payment Certificates
14.3d Application for Interim Payment Certificates
14.3e Application for Interim Payment Certificates
14.3f Application for Interim Payment Certificates
14.3g Application for Interim Payment Certificates
14.4 Schedule of Payments
14.4a Schedule of Payments
14.4b Schedule of Payments
14.4c Schedule of Payments
14.5 Plant and Materials intended for the Works
14.5a Plant and Materials intended for the Works
14.5ai Plant and Materials intended for the Works
14.5aii Plant and Materials intended for the Works
14.5b Plant and Materials intended for the Works
14.5bi Plant and Materials intended for the Works
14.5bii Plant and Materials intended for the Works
14.5biii Plant and Materials intended for the Works
14.5c Plant and Materials intended for the Works
14.5ci Plant and Materials intended for the Works
14.5cii Plant and Materials intended for the Works
14.6 Issue of Interim Payment Certificates
14.6a Issue of Interim Payment Certificates
14.6b Issue of Interim Payment Certificates
14.7 Payment
14.7a Payment
14.7b Payment
14.7c Payment
14.8 Delayed Payment
14.9 Payment of Retention Money
14.10' Statement at Completion
14.10'a Statement at Completion
14.10'b Statement at Completion
14.10'c Statement at Completion
14.11 Application for Final Payment Certificate
14.11a Application for Final Payment Certificate
14.11b Application for Final Payment Certificate
14.12 Discharge
14.13 Issue of Final Payment Certificate
14.13a Issue of Final Payment Certificate
14.13b Issue of Final Payment Certificate
14.14 Cessation of Employer's Liability
14.14a Cessation of Employer's Liability
14.14b Cessation of Employer's Liability
14.15 Currencies of Payment
14.15a Currencies of Payment
14.15ai Currencies of Payment
14.15aii Currencies of Payment
14.15aiii Currencies of Payment
14.15b Currencies of Payment
14.15c Currencies of Payment
14.15d Currencies of Payment
14.15e Currencies of Payment
15 Termination by Employer
15.1 Notice to Correct
15.2 Termination by Employer
15.2a Termination by Employer
15.2b Termination by Employer
15.2c Termination by Employer
15.2ci Termination by Employer
15.2cii Termination by Employer
15.2d Termination by Employer
15.2e Termination by Employer
15.2f Termination by Employer
15.2fi Termination by Employer
15.2fii Termination by Employer
15.3 Valuation at Date of Termination
15.4 Payment after Termination
15.4a Payment after Termination
15.4b Payment after Termination
15.4c Payment after Termination
15.5 Employer's Entitlement to Termination for Convenience
15.6 Corrupt and Fraudulent Practices
15.6a Corrupt and Fraudulent Practices
15.6b Corrupt and Fraudulent Practices
16 Suspension and Termination by Contractor
16.1 Contractor's Entitlement to Suspend Work
16.1a Contractor's Entitlement to Suspend Work
16.1b Contractor's Entitlement to Suspend Work
16.2 Termination by Contractor
16.2a Termination by Contractor
16.2b Termination by Contractor
16.2c Termination by Contractor
16.2d Termination by Contractor
16.2e Termination by Contractor
16.2f Termination by Contractor
16.2g Termination by Contractor
16.2h Termination by Contractor
16.3 Cessation of Work and Removal of Contractor's Equipment
16.3a Cessation of Work and Removal of Contractor's Equipment
16.3b Cessation of Work and Removal of Contractor's Equipment
16.3c Cessation of Work and Removal of Contractor's Equipment
16.4 Payment on Termination
16.4a Payment on Termination
16.4b Payment on Termination
16.4c Payment on Termination
17 Risk and Responsibility
17.1 Indemnities
17.1a Indemnities
17.1b Indemnities
17.2 Contractor's Care of the Works
17.3 Employer's Risks
17.3a Employer's Risks
17.3b Employer's Risks
17.3c Employer's Risks
17.3d Employer's Risks
17.3e Employer's Risks
17.3f Employer's Risks
17.3g Employer's Risks
17.3h Employer's Risks
17.4 Consequences of Employer's Risks
17.4a Consequences of Employer's Risks
17.4b Consequences of Employer's Risks
17.5 Intellectual and Industrial Property Rights
17.5a Intellectual and Industrial Property Rights
17.5b Intellectual and Industrial Property Rights
17.5bi Intellectual and Industrial Property Rights
17.5bii Intellectual and Industrial Property Rights
17.6 Limitation of Liability
17.7 Use of Employers Facilities/Accommodation
18 Insurance
18.1 General Requirements for Insurances
18.1a General Requirements for Insurances
18.1b General Requirements for Insurances
18.2 Insurance for Works and Contractor's Equipment
18.2a Insurance for Works and Contractor's Equipment
18.2b Insurance for Works and Contractor's Equipment
18.2c Insurance for Works and Contractor's Equipment
18.2d Insurance for Works and Contractor's Equipment
18.2e Insurance for Works and Contractor's Equipment
18.2ei Insurance for Works and Contractor's Equipment
18.2eii Insurance for Works and Contractor's Equipment
18.2eiii Insurance for Works and Contractor's Equipment
18.2eiv Insurance for Works and Contractor's Equipment
18.3 Insurance against Injury to Persons and Damage to Property
18.3a Insurance against Injury to Persons and Damage to Property
18.3b Insurance against Injury to Persons and Damage to Property
18.3c Insurance against Injury to Persons and Damage to Property
18.3d Insurance against Injury to Persons and Damage to Property
18.3di Insurance against Injury to Persons and Damage to Property
18.3dii Insurance against Injury to Persons and Damage to Property
18.3diii Insurance against Injury to Persons and Damage to Property
18.4 Insurance for Contractor's Personnel
19 Force Majeure
19.1 Definition of Force Majeure
19.1a Definition of Force Majeure
19.1b Definition of Force Majeure
19.1c Definition of Force Majeure
19.1d Definition of Force Majeure
19.1di Definition of Force Majeure
19.1dii Definition of Force Majeure
19.1diii Definition of Force Majeure
19.1div Definition of Force Majeure
19.1dv Definition of Force Majeure
19.2 Notice of Force Majeure
19.3 Duty to Minimise Delay
19.4 Consequences of Force Majeure
19.4a Consequences of Force Majeure
19.4b Consequences of Force Majeure
19.5 Force Majeure Affecting Subcontractor
19.6 Optional Termination, Payment and Release
19.6a Optional Termination, Payment and Release
19.6b Optional Termination, Payment and Release
19.6c Optional Termination, Payment and Release
19.6d Optional Termination, Payment and Release
19.6e Optional Termination, Payment and Release
19.7 Release from Performance
19.7a Release from Performance
19.7b Release from Performance
20 Claims, Disputes and Arbitration
20.1 Contractor's Claims
20.1a Contractor's Claims
20.1b Contractor's Claims
20.1c Contractor's Claims
20.2 Appointment of the Dispute Board
20.3 Failure to Agree of the Composition of the Dispute Board
20.3a Failure to Agree of the Composition of the Dispute Board
20.3b Failure to Agree of the Composition of the Dispute Board
20.3c Failure to Agree of the Composition of the Dispute Board
20.3d Failure to Agree of the Composition of the Dispute Board
20.4 Obtaining Dispute Board's Decision
20.5 Amicable Settlement
20.6 Arbitration
20.6a Arbitration
20.6ai Arbitration
20.6aii Arbitration
20.6b Arbitration
20.7 Failure to Comply with Dispute Board's Decision
20.8 Expiry of Dispute Board's Appointment
20.8a Expiry of Dispute Board's Appointment
20.8b Expiry of Dispute Board's Appointment
APP Appendix
1-General Provisions
1.1-Definitions
1.1.1-The Contract
1.1.1.1-Contract
1.1.1.2-Contract Agreement 1.6
1.1.1.3-Letter of Acceptance
1.1.1.4-Letter of Tender
1.1.1.5-Specifications
1.1.1.6-Drawings
1.1.1.7-Schedules
1.1.1.8-Tender
1.1.1.9-Bill of Quantities
1.1.1.10-Contract Data
1.1.2-Parties and Persons
1.1.2.1-Party
1.1.2.2-Employer
1.1.2.3-Contractor
1.1.2.4-Engineer 3.4
1.1.2.5-Contractor's Representative 4.3
1.1.2.6-Employer's Personnel 3.2
1.1.2.7-Contractor's Personnel
1.1.2.8-Subcontractor
1.1.2.9-BD 20.2 20.3
1.1.2.10-FIDIC
1.1.2.11-Bank
1.1.2.12-Borrower
1.1.3-Dates, Test, Periods and Completion
1.1.3.1-Base Date
1.1.3.2-Commencement Date 8.1
1.1.3.3-Time for Completion 8.2 8.4
1.1.3.4-Test on Completion 9
1.1.3.5-Taking Over Certificate 10
1.1.3.6-Test after Completion
1.1.3.7-Defects Notification 10.1 11.1 11.3
1.1.3.8-Performance Certificate 11.9
1.1.3.9-Day
1.1.4-Money and payment
1.1.4.1-Accepted Contract Amount
1.1.4.2-Contract Price 14.1
1.1.4.3-Cost
1.1.4.4-Final payment Certificate 14.13
1.1.4.5-Final Statement 14.11
1.1.4.6-Foreign
Reference
1.1.4.7-Interim payment Certificate 14
1.1.4.8-Local Currency
1.1.4.9-Payment Certificate 14
1.1.4.10-Provisional Sum 13.5
1.1.4.11-Retension Money 14.3 14.9
1.1.4.12-Statement 14
1.1.5-Works and Goods
1.1.5.1-Contractor's Equipment
1.1.5.2-Goods
1.1.5.3-Materials
1.1.5.4-Permanent Works
1.1.5.5-Plant
1.1.5.6-Section
1.1.5.7-Temporary Works
1.1.5.8-Works and Goods
1.1.6-Other Definitions
1.1.6.1-Contractor's Document
1.1.6.2-Country
1.1.6.3-Employer's Equipment
1.1.6.4-Force Majeure 19
1.1.6.5-Laws
1.1.6.6-Performance Security 4.2
1.1.6.7-Site
1.1.6.8-Unforeseeable
1.1.6.9-Variation 13
1.1.6.10-Notice of Dissatisfaction 20.4
1.2-Interpretation
1.2a-Interpretation
1.2b-Interpretation
1.2c-Interpretation
1.2d-Interpretation
1.2e-Interpretation
1.3-Communications
1.3a-Communications
1.3b-Communications
1.3bi-Communications
1.3bii-Communications
1.4-Law and Language
1.5-Priority of Documents
1.5a-Priority of Documents
1.5b-Priority of Documents
1.5c-Priority of Documents
1.5d-Priority of Documents
1.5e-Priority of Documents
1.5f-Priority of Documents
1.5g-Priority of Documents
1.5h-Priority of Documents
1.5hi-Priority of Documents
1.6-Contract Agreement
1.7-Assignment
1.7a-Assignment
1.7b-Assignment
1.8-Care and Supply of Documents
1.9-Delayed Drawings or Instructions 20.1
1.9a-Delayed Drawings or Instructions 8.4
1.9b-Delayed Drawings or Instructions 3.5
1.10'-Employer's Use of Contractor's Documents
1.10'a-Employer's Use of Contractor's Documents
1.10'b-Employer's Use of Contractor's Documents
1.10'c-Employer's Use of Contractor's Documents
1.11-Contractor's Use of Employer's Documents
1.12-Confidential Details
1.13-Compliance with Laws
1.13a-Compliance with Laws
1.13b-Compliance with Laws
1.14-Joint and Several Liability
1.14a-Joint and Several Liability
1.14b-Joint and Several Liability
1.14c-Joint and Several Liability
1.15-Inspections and Audit by the Bank
2-The Employer
2.1-Right of Access to the Site 8.3 20.1
2.1a-Right of Access to the Site 8.4
2.1b-Right of Access to the Site 3.5
2.2-Permits, Licences or Approvals
2.2a-Permits, Licences or Approvals
2.2b-Permits, Licences or Approvals
2.2bi-Permits, Licences or Approvals 1.13
2.2bii-Permits, Licences or Approvals
2.2biii-Permits, Licences or Approvals
2.3-Employer's Personnel
2.3a-Employer's Personnel 4.6
2.3b-Employer's Personnel 4.8 4.18
2.4-Employer's Financial Arrangements 14
2.5-Employer's Claims 3.5 4.19 11.3 4.20'
3-The Engineer
3.1-Engineer's Duties and Authority
3.1a-Engineer's Duties and Authority
3.1b-Engineer's Duties and Authority
3.1c-Engineer's Duties and Authority
3.1d-Engineer's Duties and Authority
3.1A-Engineer's Duties and Authority 4.12
3.1B-Engineer's Duties and Authority 13.1
3.1Bi-Engineer's Duties and Authority
3.1Bii-Engineer's Duties and Authority
3.1C-Engineer's Duties and Authority 13.3 13.1 13.2
3.1D-Engineer's Duties and Authority 13 13.4
3.2-Delegation by the Engineer 1.4 3.5
3.2a-Delegation by the Engineer
3.2b-Delegation by the Engineer
3.3-Instructions of the Engineer 13
3.3a-Instructions of the Engineer
3.3b-Instructions of the Engineer
3.3c-Instructions of the Engineer
3.4-Replacement of the Engineer
3.5-Determinations 3.5 20
4-The Contractor
4.1-Contractor's General Obligations
4.1a-Contractor's General Obligations
4.1b-Contractor's General Obligations 1.4
4.1c-Contractor's General Obligations
4.1d-Contractor's General Obligations 10.1
4.2-Performance Security
4.3-Contractor's Representative 1.4 3.3 6.9
4.4-Subcontractors
4.4a-Subcontractors
4.4b-Subcontractors
4.4c-Subcontractors
4.4d-Subcontractors 1.12 4.5 15.2
4.5-Assignment of Benefit of Subcontract
4.6-Co-operation
4.6a-Co-operation
4.6b-Co-operation
4.6c-Co-operation
4.7-Setting Out 20.1
4.7a-Setting Out 8.4
4.7b-Setting Out 3.5
4.8-Safety Procedures
4.8a-Safety Procedures
4.8b-Safety Procedures
4.8c-Safety Procedures
4.8d-Safety Procedures 10
4.8e-Safety Procedures
4.9-Quality Assurance
4.10'-Site Data
4.10'a-Site Data
4.10'b-Site Data
4.10'c-Site Data
4.10'd-Site Data
4.10'e-Site Data
4.11-Sufficiency of the Accepted Contract Amount
4.11a-Sufficiency of the Accepted Contract Amount
4.11b-Sufficiency of the Accepted Contract Amount 4.10'
4.12-Unforeseeable Physical Conditions 13 20.1
4.12a-Unforeseeable Physical Conditions 8.4
4.12b-Unforeseeable Physical Conditions 3.5
4.13-Rights of Way and Facilities
4.14-Avoidance of Interference
4.14a-Avoidance of Interference
4.14b-Avoidance of Interference
4.15-Access Route
4.15a-Access Route
4.15b-Access Route
4.15c-Access Route
4.15d-Access Route
4.15e-Access Route
4.16-Transport of Goods
4.16a-Transport of Goods
4.16b-Transport of Goods
4.16c-Transport of Goods
4.17-Contractor's Equipment
4.18-Protection of the Environment
4.19-Electricity, Water and Gas 2.5 3.5
4.20'-Employer's Equipment and Free-Issue Materials
4.20'a-Employer's Equipment and Free-Issue Materials
4.20'b-Employer's Equipment and Free-Issue Materials 2.5 3.5
4.21-Progress Reports
4.21a-Progress Reports 5
4.21b-Progress Reports
4.21c-Progress Reports
4.21ci-Progress Reports
4.21cii-Progress Reports
4.21ciii-Progress Reports
4.21ciiii-Progress Reports
4.21d-Progress Reports 6.1
4.21e-Progress Reports
4.21f-Progress Reports 2.5 20.1
4.21g-Progress Reports
4.21h-Progress Reports
4.22-Security of the Site
4.22a-Security of the Site
4.22b-Security of the Site
4.23-Contractor's Operations on Site
4.24-Fossils 20.1
4.24a-Fossils 8.4
4.24b-Fossils 3.5
5-Nominated Subcontractors
5.1-Definition of nominated Subcontractor
5.1a-Definition of nominated Subcontractor
5.1b-Definition of nominated Subcontractor 5.2 13
5.2-Objection to Nomination
5.2a-Objection to Nomination
5.2b-Objection to Nomination
5.2c-Objection to Nomination
5.2ci-Objection to Nomination
5.2cii-Objection to Nomination
5.2ciii-Objection to Nomination 5.3
5.3-Payments to nominated Subcontractors 5.4 13.5
5.4-Evidence of Payments
5.4a-Evidence of Payments
5.4b-Evidence of Payments
5.4bi-Evidence of Payments
5.4bii-Evidence of Payments
6-Staff and labour
6.1-Engagement of Staff and Labour
6.2-Rates of Wages and Conditions of Labour
6.3-Persons in the Service of Employer
6.4-Labour Laws
6.5-Working Hours
6.5a-Working Hours
6.5b-Working Hours
6.5c-Working Hours
6.6-Facilities for Staff and Labour
6.7-Health and Safety 8.3
6.8-Contractor's Superintendence 1.4
6.9-Contractor's Personnel
6.9a-Contractor's Personnel
6.9b-Contractor's Personnel
6.9c-Contractor's Personnel
6.9d-Contractor's Personnel
6.10'-Records of Contractor's Personnel and Equipment
6.11-Disorderly Conduct
6.12-Foreign Personnel
6.13-Supply of Foodstuffs
6.14-Supply of Water
6.15-Measures against Insect and Pest Nuisance
6.16-Alcoholic Liquor or Drugs
6.17-Arms and Ammunition
6.18-Festival and Religious Customs
6.19-Funeral Arrangements
6.20'-Forced Labour
6.21-Child Labour
6.22-Employment Records of Workers 6.10'
6.23-Workers Organisations
6.24-Non-Discrimination and Equal Opportunity
7-Plant, Materials and Workmanship
7.1-Manner of Execution
7.1a-Manner of Execution
7.1b-Manner of Execution
7.1c-Manner of Execution
7.2-Samples
7.2a-Samples
7.2b-Samples
7.3-Inspection
7.3a-Inspection
7.3b-Inspection
7.4-Testing 13 20.1
7.4a-Testing 8.4
7.4b-Testing 3.5
7.5-Rejection 2.5
7.6-Remedial Work
7.6a-Remedial Work
7.6b-Remedial Work
7.6c-Remedial Work 2.5
7.7-Ownership of Plant and Materials
7.7a-Ownership of Plant and Materials
7.7b-Ownership of Plant and Materials 8.10'
7.8-Royalties
7.8a-Royalties
7.8b-Royalties
8-Commencement, Delays and Suspension
8.1-Commencement of Works
8.1a-Commencement of Works
8.1b-Commencement of Works 2.4
8.1c-Commencement of Works 1.13
8.1d-Commencement of Works 14.2 16.2
8.2-Time for Completion
8.2a-Time for Completion
8.2b-Time for Completion 10.1
8.3-Programme 8.1
8.3a-Programme
8.3b-Programme 5
8.3c-Programme
8.3d-Programme
8.3di-Programme
8.3dii-Programme 13.3
8.4-Extension of Time for Completion 10.1 20.1
8.4a-Extension of Time for Completion 13.3
8.4b-Extension of Time for Completion
8.4c-Extension of Time for Completion
8.4d-Extension of Time for Completion
8.4e-Extension of Time for Completion 20.1
8.5-Delays Caused by Authorities
8.5a-Delays Caused by Authorities
8.5b-Delays Caused by Authorities
8.5c-Delays Caused by Authorities 8.4
8.6-Rate of Progress
8.6a-Rate of Progress
8.6b-Rate of Progress 2.5 8.3 8.4
8.7-Delay Damages 2.5 8.2 15.2
8.8-Suspension of Work 8.11 8.9 8.10'
8.9-Consequences of Suspension 20.1
8.9a-Consequences of Suspension 8.4
8.9b-Consequences of Suspension 3.5 8.8
8.10'-Payment for Plant and Materials in Event of Suspension
8.10'a-Payment for Plant and Materials in Event of Suspension
8.10'b-Payment for Plant and Materials in Event of Suspension
8.11-Prolonged Suspension 8.8 13 16.2
8.12-Resumption of Work 13
9-Tests on Completion
9.1-Contractor's Obligations 4.1 7.4
9.2-Delayed Tests 7.4 10.3
9.3-Retesting 7.5
9.4-Failure to Pass Tests on Completion 9.3
9.4a-Failure to Pass Tests on Completion 9.3
9.4b-Failure to Pass Tests on Completion 11.4
9.4c-Failure to Pass Tests on Completion 2.5 3.5
10-Employers Taking Over
10.1-Taking Over of the Works and Sections 8.2 9.4
10.1a-Taking Over of the Works and Sections
10.1b-Taking Over of the Works and Sections
10.2-Taking Over of Parts of the Works
10.2a-Taking Over of Parts of the Works
10.2b-Taking Over of Parts of the Works
10.2c-Taking Over of Parts of the Works 3.5 20.1
10.3-Interference with Tests on Completion 20.1
10.3a-Interference with Tests on Completion 8.4
10.3b-Interference with Tests on Completion 3.5
10.4-Surfaces Requiring Reinstatement
11-Defects Liability
11.1-Completion of Outstanding Work and Remedying Defects
11.1a-Completion of Outstanding Work and Remedying Defects
11.1b-Completion of Outstanding Work and Remedying Defects
11.2-Cost of Remedying Defects 11.1
11.2a-Cost of Remedying Defects
11.2b-Cost of Remedying Defects
11.2c-Cost of Remedying Defects 13.3
11.3-Extension of Defects Notification Period 2.5 8.8 16.1
11.4-Failure to Remedy Defects 11.2
11.4a-Failure to Remedy Defects 2.5
11.4b-Failure to Remedy Defects 3.5
11.4c-Failure to Remedy Defects
11.5-Removal of Defective Work
11.6-Further Tests 11.2
11.7-Right of Access
11.8-Contractor to Search 3.5 11.2
11.9-Performance Certificate
11.10'-Unfulfilled Obligations
11.11-Clearance of Site
12-Measurement and Evaluation
12.1-Works to be Measured 14.11 14.3 14.10'
12.1a-Works to be Measured
12.1b-Works to be Measured
12.2-Method of Measurement
12.2a-Method of Measurement
12.2b-Method of Measurement
12.3-Evaluation 3.5 12.1 12.2
12.3ai-Evaluation
12.3aii-Evaluation
12.3aiii-Evaluation
12.3aiv-Evaluation
12.3bi-Evaluation 13
12.3bii-Evaluation
12.3biii-Evaluation
12.4-Omissions
12.4a-Omissions
12.4b-Omissions
12.4c-Omissions 3.5
13-Variations and Adjustments
13.1-Right to Vary
13.1a-Right to Vary
13.1b-Right to Vary
13.1c-Right to Vary
13.1d-Right to Vary
13.1e-Right to Vary
13.1f-Right to Vary
13.2-Value Engineering 13.3
13.2a-Value Engineering
13.2b-Value Engineering 4.1
13.2c-Value Engineering 3.5
13.2ci-Value Engineering 13.7 13.8
13.2cii-Value Engineering
13.3-Variation Procedure
13.3a-Variation Procedure
13.3b-Variation Procedure 8.3
13.3c-Variation Procedure 12 13.2
13.4-Payment in Applicable Currencies
13.5-Provisional Sums
13.5a-Provisional Sums 13.3
13.5b-Provisional Sums 5
13.5bi-Provisional Sums
13.5bii-Provisional Sums
13.6-Daywork
13.6a-Daywork
13.6b-Daywork
13.6c-Daywork 14.3
13.7-Adjustments for Changes in Legislation 20.1
13.7a-Adjustments for Changes in Legislation 8.4
13.7b-Adjustments for Changes in Legislation 3.5 13.8
13.8-Adjustments for Changes in Cost
14-Contract Price and Payment
14.1-The Contract Price
14.1a-The Contract Price 12.3
14.1b-The Contract Price 13.7
14.1c-The Contract Price
14.1ci-The Contract Price
14.1cii-The Contract Price 12
14.1d-The Contract Price
14.2-Advance Payment 4.2 14.3 14.6
14.2a-Advance Payment
14.2b-Advance Payment 15 15.5 16 19
14.3-Application for Interim Payment Certificates 4.21
14.3a-Application for Interim Payment Certificates
14.3b-Application for Interim Payment Certificates 13.7 13.8
14.3c-Application for Interim Payment Certificates
14.3d-Application for Interim Payment Certificates 14.2
14.3e-Application for Interim Payment Certificates 14.5
14.3f-Application for Interim Payment Certificates
14.3g-Application for Interim Payment Certificates
14.4-Schedule of Payments
14.4a-Schedule of Payments 14.3
14.4b-Schedule of Payments 14.5
14.4c-Schedule of Payments 3.5
14.5-Plant and Materials intended for the Works 14.3
14.5a-Plant and Materials intended for the Works
14.5ai-Plant and Materials intended for the Works
14.5aii-Plant and Materials intended for the Works
14.5b-Plant and Materials intended for the Works
14.5bi-Plant and Materials intended for the Works
14.5bii-Plant and Materials intended for the Works
14.5biii-Plant and Materials intended for the Works 14.2
14.5c-Plant and Materials intended for the Works
14.5ci-Plant and Materials intended for the Works
14.5cii-Plant and Materials intended for the Works 14.3
14.6-Issue of Interim Payment Certificates
14.6a-Issue of Interim Payment Certificates
14.6b-Issue of Interim Payment Certificates
14.7-Payment
14.7a-Payment 4.2 14.2
14.7b-Payment
14.7c-Payment 16.2
14.8-Delayed Payment 14.7
14.9-Payment of Retention Money 4.2 11 13.7 13.8
14.10'-Statement at Completion 14.3
14.10'a-Statement at Completion
14.10'b-Statement at Completion
14.10'c-Statement at Completion 14.6
14.11-Application for Final Payment Certificate
14.11a-Application for Final Payment Certificate
14.11b-Application for Final Payment Certificate 20.4 20.5
14.12-Discharge
14.13-Issue of Final Payment Certificate 14.11 14.12
14.13a-Issue of Final Payment Certificate
14.13b-Issue of Final Payment Certificate 14.11 14.12
14.14-Cessation of Employer's Liability
14.14a-Cessation of Employer's Liability
14.14b-Cessation of Employer's Liability 14.1
14.15-Currencies of Payment
14.15a-Currencies of Payment
14.15ai-Currencies of Payment
14.15aii-Currencies of Payment 13.5 13.7
14.15aiii-Currencies of Payment 14.3
14.15b-Currencies of Payment
14.15c-Currencies of Payment
14.15d-Currencies of Payment
14.15e-Currencies of Payment
15-Termination by Employer
15.1-Notice to Correct
15.2-Termination by Employer 15.1 4.2
15.2a-Termination by Employer
15.2b-Termination by Employer
15.2c-Termination by Employer
15.2ci-Termination by Employer
15.2cii-Termination by Employer 7.5 7.6
15.2d-Termination by Employer
15.2e-Termination by Employer
15.2f-Termination by Employer
15.2fi-Termination by Employer
15.2fii-Termination by Employer
15.3-Valuation at Date of Termination 15.2 3.5
15.4-Payment after Termination 15.2
15.4a-Payment after Termination 2.5
15.4b-Payment after Termination
15.4c-Payment after Termination 15.3
15.5-Employer's Entitlement to Termination for Convenience 16.2 16.3 16.4
15.6-Corrupt and Fraudulent Practices 6.9 15 15.2 15.5
15.6a-Corrupt and Fraudulent Practices
15.6b-Corrupt and Fraudulent Practices
16-Suspension and Termination by Contractor
16.1-Contractor's Entitlement to Suspend Work 2.4 14.6 14.7 14.8, 16.2
16.1a-Contractor's Entitlement to Suspend Work 8.4
16.1b-Contractor's Entitlement to Suspend Work 3.5
16.2-Termination by Contractor
16.2a-Termination by Contractor 2.4 16.1
16.2b-Termination by Contractor
16.2c-Termination by Contractor 2.5 14.7
16.2d-Termination by Contractor
16.2e-Termination by Contractor 1.6 1.7
16.2f-Termination by Contractor 8.11
16.2g-Termination by Contractor
16.2h-Termination by Contractor 14.7 14.8 16.1
16.3-Cessation of Work and Removal of Contractor's Equipment 15.5 16.2 19.6
16.3a-Cessation of Work and Removal of Contractor's Equipment
16.3b-Cessation of Work and Removal of Contractor's Equipment
16.3c-Cessation of Work and Removal of Contractor's Equipment
16.4-Payment on Termination 16.2
16.4a-Payment on Termination
16.4b-Payment on Termination 19.6
16.4c-Payment on Termination
17-Risk and Responsibility
17.1-Indemnities
17.1a-Indemnities
17.1b-Indemnities 18.3
17.2-Contractor's Care of the Works 10.1 17.3
17.3-Employer's Risks 17.4
17.3a-Employer's Risks
17.3b-Employer's Risks
17.3c-Employer's Risks
17.3d-Employer's Risks
17.3e-Employer's Risks
17.3f-Employer's Risks
17.3g-Employer's Risks
17.3h-Employer's Risks
17.4-Consequences of Employer's Risks 17.3 20.1
17.4a-Consequences of Employer's Risks 8.4
17.4b-Consequences of Employer's Risks
17.5-Intellectual and Industrial Property Rights
17.5a-Intellectual and Industrial Property Rights
17.5b-Intellectual and Industrial Property Rights
17.5bi-Intellectual and Industrial Property Rights
17.5bii-Intellectual and Industrial Property Rights
17.6-Limitation of Liability 4.19 8.7 11.2 15.4
17.7-Use of Employers Facilities/Accommodation
18-Insurance
18.1-General Requirements for Insurances
18.1a-General Requirements for Insurances
18.1b-General Requirements for Insurances 2.5 18.2 18.3 20.1
18.2-Insurance for Works and Contractor's Equipment 11 18.1
18.2a-Insurance for Works and Contractor's Equipment
18.2b-Insurance for Works and Contractor's Equipment
18.2c-Insurance for Works and Contractor's Equipment 17.3
18.2d-Insurance for Works and Contractor's Equipment 17.3
18.2e-Insurance for Works and Contractor's Equipment
18.2ei-Insurance for Works and Contractor's Equipment
18.2eii-Insurance for Works and Contractor's Equipment
18.2eiii-Insurance for Works and Contractor's Equipment
18.2eiv-Insurance for Works and Contractor's Equipment 2.5 14.5 18.1
18.3-Insurance against Injury to Persons and Damage to Property 18.2 18.4
18.3a-Insurance against Injury to Persons and Damage to Property
18.3b-Insurance against Injury to Persons and Damage to Property
18.3c-Insurance against Injury to Persons and Damage to Property 18.2
18.3d-Insurance against Injury to Persons and Damage to Property
18.3di-Insurance against Injury to Persons and Damage to Property
18.3dii-Insurance against Injury to Persons and Damage to Property
18.3diii-Insurance against Injury to Persons and Damage to Property 17.3
18.4-Insurance for Contractor's Personnel
19-Force Majeure
19.1-Definition of Force Majeure
19.1a-Definition of Force Majeure
19.1b-Definition of Force Majeure
19.1c-Definition of Force Majeure
19.1d-Definition of Force Majeure
19.1di-Definition of Force Majeure
19.1dii-Definition of Force Majeure
19.1diii-Definition of Force Majeure
19.1div-Definition of Force Majeure
19.1dv-Definition of Force Majeure
19.2-Notice of Force Majeure
19.3-Duty to Minimise Delay
19.4-Consequences of Force Majeure 19.2 20.1
19.4a-Consequences of Force Majeure 8.4
19.4b-Consequences of Force Majeure 3.5 18.2 19.1
19.5-Force Majeure Affecting Subcontractor
19.6-Optional Termination, Payment and Release 19.2 16.3
19.6a-Optional Termination, Payment and Release
19.6b-Optional Termination, Payment and Release
19.6c-Optional Termination, Payment and Release
19.6d-Optional Termination, Payment and Release
19.6e-Optional Termination, Payment and Release
19.7-Release from Performance
19.7a-Release from Performance
19.7b-Release from Performance 19.6
20-Claims, Disputes and Arbitration
20.1-Contractor's Claims 3.5 8.4 20.4
20.1a-Contractor's Claims
20.1b-Contractor's Claims
20.1c-Contractor's Claims
20.2-Appointment of the Dispute Board 20.4 14.12
20.3-Failure to Agree of the Composition of the Dispute Board
20.3a-Failure to Agree of the Composition of the Dispute Board 20.2
20.3b-Failure to Agree of the Composition of the Dispute Board
20.3c-Failure to Agree of the Composition of the Dispute Board
20.3d-Failure to Agree of the Composition of the Dispute Board
20.4-Obtaining Dispute Board's Decision 20.7 20.8
20.5-Amicable Settlement 20.4
20.6-Arbitration 20.5
20.6a-Arbitration
20.6ai-Arbitration
20.6aii-Arbitration
20.6b-Arbitration 1.4
20.7-Failure to Comply with Dispute Board's Decision 20.4 20.6 20.5
20.8-Expiry of Dispute Board's Appointment
20.8a-Expiry of Dispute Board's Appointment 20.4 20.5
20.8b-Expiry of Dispute Board's Appointment 20.6
APP-Appendix
Days Contractor Employer 1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
28
Prior
to the
latest
date
of
Tend
er
Sub
missi
on
1
1
1
1
1
1
365
From
Date
of
TOC
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
28
After
LOA
1
1
1
1
1
Claim 1
Claim 1
Claim 1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Claim 1
Claim 1
Claim 1
1
1
1
1
1
1
1
1
1
28
7
60
Befor
e
Com
menc
emen
t
Date
and
Requ
est
from
Contr
actor
After
Notifi
catio
n
from
the
bank
1
28
Beco
me or
Shoul
d
have
beco
me
awar
e
1
1
1
1
1
1
28
After
contr
actor
reque
st
1
1
1
1
1
1
1
1
1
1
2
Contr
actor
respo
nse
after
engin
eer
instru
ction
1
1
1
1
21
Notic
e to
Contr
actor
1
28
Engin
eer
Decis
ion
1
1
1
1
1
1
1
28
21
After
LOA
Rele
ase
after
Perfo
emna
ce
Certif
icate
Claim 1
1
1
1
1
28
Notic
e to
Engin
eer
for
Com
menc
emen
t of
Subc
o
Work
1
1
1
Claim 1
Claim 1
Claim 1
Claim 1
Claim 1
Claim 1
Claim 1
1
1
1
1
1
1
1
1
1
1
1
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CONTRACTS DEPARTMENT - IPBA
Particular Condition
Part A - Contract Data
Condition Sub-Clause Jinnah - 5013 Khanki - 5015
Employer's Name
and Address
1.1.2.2, 1.3
Head PMO for Punjab Barrages Rehabilitation & Modernization
Project, Project Offices Building, Irrigation Department, Canal bank,
Mustafa Abad (Dharampura), Lahore, Pakistan
Telephone +92 42 99250351
+92 42 99250337
Facsimile: +92 42 99250352
Email: pmoipd@yahoo.com
Website: www.pmo-pb.gop.pk
Punjab Irrigation Department, represented by Head
I Project Director, Project Management Office
(PMO) for Punjab Barrages, Project Offices
Building, Canal Bank, Mustafabad, (Dharmpura),
Lahore. Pakistan
Telephone +92 42 99250351
+92 42 99250337
Facsimile: +92 42 99250352
Email: pmoipd@yahoo.com
Website: www.pmo-pb.gop.pk
Engineer's Name and
Address
1.1.2.4, 1.3
Project Implementation Consultants, 161-B, Upper Mall Scheme,
Lahore, Pakistan
Telephone +92 42 35753460
Facsimile: +92 42 35754014
Email: picsjinnah@yahoo.com
SMEC International PTY Limited In Joint Venture
with WS Atkins International (UK), Engineering
General Consultants (ECG) Pvt. Ltd (PAK).
BARQAB Consulting Services Pvt. (Ltd. (PAK).,
49-D/1 Gulberg III, Lahore, Pakistan.
Telephone: +92 42 35754751
Facsimile: +92 42 35760030,
Email: ahsam.arshad@smec.com
Bank's Name 1.1.2.11 World bank Asian Development Bank
Borrower's Name 1.1.2.12 Islamic Republic of Pakistan Islamic Republic of Pakistan
Time for Completion 1.1.3.3 1096 Days 1188 days
Defect Notification
Period
1.1.3.7 365 Days 365 Days
Electronic
Transmission
Systems
1.3a Facsimile and email Facsimile and email
Governing Law 1.4 Laws of the Islamic Republic of Pakistan Laws of the Islamic Republic of Pakistan
Ruling Language 1.4 English English
Language for
Communication
1.4 English English
Time for Access to
the Site
2.1, 8.1c No Later than the Commencement Date By Commencement Date
Engineer's Duties
and Authority
3.1bii
The sum of all variations shall not increase the Accepted Contract
Amount by more than two and half percent (2.5%)
The Engineer will be required to obtain the Employer's approval
before agreeing to any variation that will result in an increase in the
Accepted Contract Amount.
Performance Security 4.2 10% (Ten percent) 10% (Ten percent)
Provisional Sums 13.5bii
The percentage to be applied for the overhead charges and profit:
10 % (Ten Percent)
This percentage shall not be applicable to payment against BOQ
Items No1.22, 1.23, 1.24 & 1.25
The percentage to be applied for the overhead charges and profit:
10 % (Ten Percent)
Adjustment for
Changes in Cost
13.8
Applicable after 1St 18 months during which all costs will remain
fixed.
The Contract Price 14.1
The following sentence under Clause 14.1 shall not
apply:
"Notwithstanding the provisions of sub-paragraph (b). Contractor's
Equipment, including essential spare parts therefore. imported by the
Contractor for the sale purpose of executing the Contract shall be
exempt from the payment of import duties and taxes upon
importation. "
Total Advance
Payment
14.2
20 % of the Accepted Contract Amount less Provisional Sums
payable in the currencies and proportions in which the Accepted
Contract Amount is payable.
The Advance Payment shall be payable within 28 days of submission
of the Statement by the Contractor following submission of an
acceptable Advance payment Guarantee for the full amount. The
contactor shall so arrange as to furnish acceptable Advance Payment
Guarantee for the full amount of the requested Advance Payment
within three days of the signing of the Contract Agreement. The
Contractor shall then submit statement for payment of the requested
Advance Payment within seven days of submission of the Advance
Payment Guarantee.
Ten percent (10%) of the Accepted Contract Price less Provisional
Sums payable in currencies and proportions of the Accepted
Contract Price. The Advance payment shall be paid on submission of
an unconditional bank guarantee of Ten (10) percent of the Accepted
Contract Price on the prescribed Form in Section 9 issued by a
reputable bank located outside the Employer's country or reputable
local bank, including scheduled bank or nationalized bank in the same
currency (ies) of the Accepted Contract Price. If the institution issuing
the Advance Bank guarantee is located outside the Employer's
country, it shall have a correspondent financial institution in Pakistan
to make it enforceable. The contractor shall furnish acceptable bank
Guarantee within fifteen (15) days of signing of contract.
Contract Agreement
CONTRACTS DEPARTMENT - IPBA
Particular Condition
Part A - Contract Data
Condition Sub-Clause Jinnah - 5013 Khanki - 5015
Contract Agreement
Repayment
Amortization Rate of
Advance Payment
14.2b 5 % of Advance payment
Rate of recovery from each subsequent Interim Payment Certificate
shall be twenty (20) percent until the full amount of the advance
payment been repaid.
Percentage of
Retention Money
14.3 10 % (Ten Percent)
The proportion of payments retained will be 10% of
the amount of Interim Payment Certificate up to Rs.
500 Millions and subsequently 5% of the amount
of each Interim Payment Certificate.
Limit of Retention
Money
14.3 5 % of Accepted Contract Amount
Limit of Retention Money will be five percent (5%)
of the Accepted Contract Amount.
Plant and Materials
Intended for the
Works
14.5b Not Applicable Not Applicable
Plant and Materials
Intended for the
Works
14.5ci
A per Schedule for Payment for Plant and Materials Intended for the
Works
Not Applicable
Minimum Amount of
Interim Payment
Certificate
14.6 Rs. 30,000,000 0.4% of the Accepted Contract Amount
Publishing Source of
Commercial Interest
rates for Financial
Charges in Case of
Delayed Payment
14.8
i) Local currency: State Bank of Pakistan's policy Discount rate
ii) Foreign Currency: LIBOR
Maximum Total
Liability of the
Contractor to the
Employer
17.6 The product of 1.15 times the Accepted contract Amount.
The product of one point fifteen (1.15) times the
Accepted Contract Amount
General Requirement
for Insurances
18.1
Sub-paragraph b is replaced as under:
b) copies of the policies for the insurances described in sub-clause
18.2{ Insurance for works and Contractor's Equipment}, Sub-Clause
18.3 {Insurance against Injury to persons and Damage to property}
and Sub-Clause 18.4 {Insurance for Contractor's Personnel}.
a> Evidence of
Insurance
18.1 28 Days a. Fourteen (14) days after date of commencement
b> Copies of the
Policies
18.1 42 Days b. Twenty eight (28) days after date of Commencement.
Maximum Amount of
Deductibles for
Insurance of the
Employer's Risks
18.2d Rs. 10,000,000 Pak Rupees 10,000,000 (Ten Million)
Minimum Amount of
Third Party Insurance
(Insurance Against
Injury to Persons and
Damages to
Property)
18.3
Rs. 30,000,000 per occurrence with the number of occurrences
unlimited.
Pak Rupees 10,000,000 (Ten Million) per occurrence with the number
of occurrences unlimited.
Date by which DB
shall be Appointed
20.2 28 days after Commencement date 28 days after the Commencement
The Db shall be
Comprised of
20.2 3 Members "Three Members"
List of Potential DB
Sole Members
20.2 None None
Appointment (if not
agreed) to be made
by
20.3 Chairman Pakistan Engineering Council, Islamabad Singapore International Arbitration Centre (SIAC)
International
arbitration
20.6a
Singapore International Arbitration Centre
(SIAC).
Place of arbitration
and rules to be
applied
20.6
Lahore, Islamic Republic of Pakistan Arbitration
Act 1940 as amended from time to time.
Maximum Amount of
Delay Damages
8.7 10 % of the final Contract Price 10 % of the final Contract Price
Civil, mechanical &
Electrical Works
1.1.5.6
Time for Completion 1.1.3.3 1096 Days 1188 Days
Summary of Section of Works
CONTRACTS DEPARTMENT - IPBA
Particular Condition
Part A - Contract Data
Condition Sub-Clause Jinnah - 5013 Khanki - 5015
Contract Agreement
Delay damages 8.7 Rs. 3,000,000
0.05 % of the accepted Contract Price per day, in the currency (ies)
and proportions in which the Contract Price is payable and maximum
amount of delay damages is 10 percent of the final contract price.
Civil, mechanical &
Electrical Works
1.1.5.6
Time for Completion 1.1.3.3 270 Days 270 Days
Delay damages 8.7 Rs. 100,000 Per Day
0.001 % of the accepted Contract Price per day, in the currency (ies)
and proportions in which the Contract Price is payable and maximum
amount of delay damages is 01 percent of the final contract price.
Sub-clause Title Contractor's Entitlement
1.9 Delayed drawings or instructions If Engineer fails to issue notified drawings within a reasonable time
2.1 Right to access to the Site If Employer fails to give right of access to site within time stated time
4.6 Cooperation
If the Contractor to incur cost and delays due to the Engineer's instruction or contractual requirement to
allow the Employer's personnel, any other contractor employed by the Employer andappropriate opportunity
for carrying out work to the personnel of any legally constituted public authorities.
4.7 Setting out for errors in original setting-out points and levels of reference
4.12 Unforeseeable physical conditions If Contractor encounters physical conditions which are unforeseeable
4.24 Fossils Time and cost attributable to an instruction to Contractor to deal with an encountered archeological finding
7.4 Testing If testing is delayed by (or on behalf of) the Employer
8.4 Extension of Time for completion If completion is or will be delayed by a listed cause (refer 8.2 and 10.1)
8.5 Delayed caused by authorities If public authority causes unforeseeable delay
8.9 Consequences of suspension If Engineers instructs a suspension of work
10.2 Taking Over parts of the Works If Contractor incurs to cost by taking over a part of the works by the Employer.
10.3 Interference with tests on completion If Employer delays a test on completion
11.8 Contractor to search If instructed to search for cause of a defect for which he is not responsible
12.3 Evaluation (new rates) For work whose quantity has been changed/varied
12.4 Omissions If an item was for work which has been omitted by variation
13.2 Value engineering If saving from value engineering
13.3 Variations If variation order is issued
13.7 Adjustments for changes in legislation Time and cost attributable to a change in the laws of the country
14.4 Schedule of payment
If interim payment instalments were not defined by reference to actual progress, and actual progress
achieved in executing the works, and if actual progress is found to be less or more than that on which this
schedule of payment was originally based, the instalments may be revised
14.8 Delayed payments If Contractor does not receive payment in accordance with Sub-clause 14.7
16.1 Contractor's entitlement to suspend work
If Engineer fails to certify or if Employer fails to pay amount certified or to evidence his financial
arrangements, and the Contractor suspend work
16.4 Payment on Termination for losses and damages after terminating contract
17.1 Indemnities Cost attributable to a matter against which he is indemnified by the Employer
17.4 Consequences of Employer's risk If works, goods, or Contractor's documents are damaged by the Employer's risk as listed in Sub-clause 17.3
18.1 General requirements for insurance (if Employer is insuring party) for premiums if Employer fails to effect insurance for which he is the 'insuring party'
19.4 Consequence of Force majeure If Force majeure prevents him from performing obligations
19.6 Optional Termination,payment and release
Contractor's work and other costs are valued and paid after progress is prevented by a prolonged period of
Force majeure and either party gives notice of termination
19.7 Release from Performance
If it becomes impossible or unlawful to perform contractual obligations, Contractor may be released from
performance and can claim as in 19.6
Table1: List of Claim Applicable Provisions for Contractors
Sub-clause Title Employer's Entitlement
Electricity, water and
4.19 Gas Charges for the use of power, water, gas and other services
Employer's equipment,
4.2 and free issue materials If the Contractor uses Employer's equipment, materials
7.5 Rejection If the rejection and retesting cause the Employer to incur additional cost
If the Contractor fails to comply with Engineer's instruction to comply with the
7.6 Remedial work requirement set in the contract (remove from site or replace plant/equipment,
execute work)
8.6 Rate of progress If revised method of execution cause the Employer to incur additional costs
8.7 Delay damage If the Contractor fails to comply with time for completion sub-clause 8.2
(liquidated damage)
If the Works, or a Section, fail to pass the Tests on Completion repeated under
9.4 Failure to pass test on Sub-Clause 9.3 [Retesting], and the Employer takes over the project, the reduced
completion
value of work
If and to the extent that the Works, Section or a major item of Plant (as the case
Extension of Defect may be, and after taking over) cannot be used for the purposes for which they are
11.3 intended by reason taking over) cannot be used for the purposes for which they
notification period are intended by reason of a defect or by reason of damage attributable to the
Contractor
11.4 Failure to remedy If the Contractor fails to remedy the defects or damage by the notified date and
defects this remedial work was to be executed of the cost of the contractor
Payment after After Termination by employer, the costs of execution, completion and
15.4 termination remedying of any defects, damages for delay in completion
If the contractor fails to effect and keep in force an insurance which is available
and which it is required to effect and maintain under the contract, and the
18.1 General Insurance Employer neither approves omissions nor effect insurance for the coverage
relevant to this default, any money which should have been recoverable under
this insurance
Insurance for works If, more than 1 year after the Base date, the insurance cover for the damage to or
18.2 and Contractor's loss of the works which is attributable to the use or occupation by the Employer,
ceases to be available at commercially reasonable terms, the amount equivalent
Equipment as the Contractor should have expected to have paid
Table2: List of Claim Applicable Provisions for Employers