29-Conditions of Contracts Pre FIDIC

Buildings Practice Facilities Plants/Petrochemicals
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General conditions of contract form used in past decades Pre FIDIC
1 Indicated below are general conditions pertinent to construction contracts, which
had been used to constitute main contracts in Middle East during seventies &
eighties
2 Information has been given with explanation pertinent construction respecting
various provisions for an understanding
3 Comments to provisions have been types in Italic letters
4 Clauses references have not been used, for every contract had varying references
5 Descriptions indicated to develop common contractual understanding
6 All such provisions have also, been reflected on FIDIC contract forms as well, but
with advanced compositions due to technological advancement
7 During those days, when following provisions were used, works were carried out
without used of IT
Provisions on Construction Contracts
Definitions & Interpretations
1 In Contract (as hereinafter defined) following words & expressions shall have
meanings hereby assigned to them, except where context otherwise requires
a 'Government’ means Government of State of………….. , who has called for

Tenders to build or construct, erect or deliver works and who would employ
contractor
Comment-
1 Though ‘Government’ word is used in this clause, which shall be applicable only,
on projects controlled by state.
2 For projects to be owned by private sector or individual persons or groups, this
word shall be replaced by ‘Promoter’, which signifies same function
constitutionally, according to requirement/implication of Contract Act provisions
a ‘Contractor’ means a person or persons, firm or company, whose tender has been
accepted by Government and it includes contractor’s personal representatives,
successors and permitted assignees
Comment-
1 ‘Contractor’ term shall be replaced by “Execution Contractor, when contract is
only, meant for construction execution purpose, otherwise EPC engineering,
procurement & construction, should it refer to a package deal, wherein
engineering concept and design functions should be included within contractor’s
responsibility/scope of works.
a ‘Engineer’ means Director of Engineering, Ministry of Public Works, Engineering

Services Department, Post Office Box………………or other Engineer appointed
from time to time, by Government/Owner and notified in writing to contractor to
contractually, act as ‘Engineer’ for purposes of contract in place of Engineer so
designated, within contract
Comments-
1 Description of a person/firm appointed by promoter as consultants, group or
architectural Engineering group or project management group shall also, be
included
Page 1 of 54 2012 Int. P Eng Suraj Singh

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a ‘Engineer’s Representative’ means a Resident Engineer, who can also, be an

Architect or Assistant of Engineer or a Clerk of Works appointed from time to
time, by Government or Engineer to perform duties, set forth and whose
Authority shall be notified in writing to contractor by Engineer
Comments-
1 Description of Engineer’s representative or Resident Engineer or Resident
Engineer qualified as architect shall for purpose of appointment, include in
addition to being appointed by government or by Engineer or by promoter as well
a ‘Works’ means all works to be executed and ‘permanent plant and equipment’ to
be installed in accordance with contract
Comments-
1 ‘Works’ shall include design and maintenance also, if relevant to nature of
operations and in certain cases, procurement of various machines, plants and
equipment
a ‘Contract’ means all documents, such as conditions of Contract Specifications,

Drawings, priced Bill of Quantities, Schedule of Rates and Prices (if any), Tender
and Contract Agreement
Comments-
1 This definition also, includes this document ‘general conditions of contracts’ in
addition to all other documents
a ‘Contract Price’ means sum named in Tender, subject to such additions thereto or
deductions therefrom, as may be made, under provisions hereinafter contained
Comments-
1 ‘Contract price’ shall not be subject to any/some qualification and in case,
certain qualifying condition is added, that shall be considered as a separate
clause
a ‘Construction Plant’ means all appliances or things of whatsoever nature, required

in or about execution completion or maintenance of works or Temporary Works
(as hereinafter defined), but does not include materials or other things intended to
form or forming part of permanent work
Comments-
1 These shall include all accessories, items or whatever necessary to keep plant
safety intact for machines or equipment operations, throughout contract duration
or currency of contract
a ‘Temporary Works’ means all temporary works of every kind, required in or about
execution, completion or maintenance of works
Comments-
1 These works shall be covered, under provisions of statutory requirements,
including complete safety for every operation/activity

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a “Drawings” means drawings referred to in specification and every modification of
such drawings, approved in writing by Engineer and such other drawings, as may
from time to time, be furnished or approved in writing by Engineer
Comments-
1 Drawings shall also, form part of contract documents in totality of meaning of
terms
a “Site” means land and other places on, under, in or through, which works are to
be executed or carried out and all other lands or places provided by Government
for purposes of contract, together with, such other places as may be specifically,
designated in contract as forming part of site
Comments-
1 Access to site must be clear without any/every obstruction
a ‘Approved’ means approved in writing including subsequent written confirmation

of previous verbal approval and ‘approval’ means approval in writing including as
aforesaid.
Comments-
1 Includes an approval by Engineer or an expert or professional and also, by owner
or government as client
a Words importing singular only, also, include plural and vice versa, where context
requires otherwise
Comments-
1 Words importing male only, shall also, include female and vice versa, where
context otherwise requires
a Marginal headings or notes within these Conditions shall not be deemed to be part
thereof, or be taken into consideration in interpretation or construction thereof or
of contract
Comments-
1 No notes have been included in this reproduction, but if so required, may be
included for easy reflection, subject to acceptance that these if so included, shall
not form any contractual status, so far as impact and applicability about this
contract document is concerned
Engineer’s representative
1 Duties of Engineer’s Representative are to watch and supervise ‘works’ and to
‘test and examine’ every material/s to be used or ‘workmanship’ employed in
connection with works.
2 ER shall have no authority to relieve contractor of any/every of its (contractor’s)
duties or obligations under contract, nor (except as expressly provided hereunder
or elsewhere, in contract to order a work involving delay or an extra payment by
Government) to make any/whatever variation of or in works

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3 Engineer may from time to time, in writing delegate to Engineer’s Representative
any/certain of powers and authorities vested in Engineer and shall furnish to
contractor a copy of all such written delegation of Powers and Authorities.
4 Any/every written instruction or approval given by Engineer’s Representative to
contractor, within terms of such delegation (but not otherwise) shall bind
Contractor and Government as though, it had been given by Engineer, provided
always as follows:
5 Failure of Engineer’s Representative to disapprove a work or materials shall not
prejudice power of Engineer, thereafter to disapprove such work or materials and
to order pulling down, removal or breaking up thereof
Comments-
1 Disapproval of works approved by Resident Engineer shall be on activity
confined basis or if sequential activities are carried out over not approved
activity and then Engineer rejects works, that procedure is not legally,
meaningful.
2 Immediate condemnation and rejection or disapproval should be given to related
activity, just after relevant operation has been carried over and request for
inspection has been made or if, work is of such a nature, as sequence of following
activities does not apply
If Contractor be dissatisfied by reason of a decision of Engineer’s Representative, it is

entitled to refer matter to Engineer, who shall thereupon confirm, reverse or vary such
decision
Comments-
1 Engineer by virtue of enjoying status of an engineering professional judge
contractually/statutorily, as powers vested in by professional Engineering charter
and confirmed by statute clarifying definition of a judge, according to provision
by law, draws authority to review decision on an operation during supervising
and examining of an activity under its charge, since Engineer is contractually,
deemed to be appointed an official for design and supervision of job, which by
virtue of this appointment shall warrant on engineer revision authority on
Resident Engineer’s performance
Assignment and sub letting

1 Contractor shall not assign Contract or a part thereof or a benefit or interest
therein or thereunder (otherwise than by a charge in favour of contractor’s
bankers of certain monies due or to become due under this contract) without prior
written consent of Government
Comments-
1 Assignment cannot be affected under statutory provisions without consent,
general or special power of attorney or transferring sales deed, but for some
specific purpose or cause, say procurement or appointment.
2 It could be executed under contractual provision as an Engineer/contractor.
Engineer in management contract and contractor in construction contract
respectively

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1 Contractor shall not sublet whole of Works, except where otherwise provided by
Contract.
2 Contractor shall not sub let any/every part of works, without prior written consent
of Engineer (which shall not be unreasonably, withheld) and such consent if
given, shall not relieve Contractor from its liability or obligation, under contract
and it (contractor) shall be responsible for acts, defaults or neglects of Contractor,
its agents, servants or workmen.
3 Provided always that provision of labour on a piecework basis shall not be
deemed to be a subletting under this clause
Comments-
1 All proposed subcontractors, their agents, employees or servants etc. shall be
approved.
2 Senior staff shall be approved by Engineer based on qualification and experience
called track record, competency etc.
Extent of contract
1 Contract comprises construction, completion and maintenance of works and
except, in so far as Contract otherwise provides, provision of all Labour,
Materials, Constructional Plant Temporary Works and everything, whether of a
temporary or of permanent nature, required in and for such construction,
completion and maintenance, so far as necessity for providing same is specified in
or reasonably, to be inferred from Contract
Comments-
1 Design in full or part may be included in scope of contract, if so required to be
carried out by contractor, though it may confine to be select works only, but
possibility cannot be ruled out. Training for certain special disciplines and items
shall also, be included
Contract documents
1 Contract shall be construed and interpreted according to English language
Comments-
1 In case format of this contract is translated into any/some other language
followed by document registration in concerned region, construction or
interpretation of this contract document shall be construed in that language,
according to general clauses act
1 Except if and to extent otherwise provided by contract, provisions of these

Conditions of Contract shall prevail over those of any/some other document
forming part of Contract.
2 Subject to foregoing several documents forming contract, are to be taken as
mutually, explanatory of one another, but in case of ambiguities or discrepancies,
same shall be explained & adjusted by Engineer, who has thereupon to issue to
Contractor instruction directing in what manner, work is to be carried out.
3 Provided always if in opinion of Engineer, compliance with any/every such
instruction/s does not involve contractor in any/every expense, which by reason of
any/some such ambiguity or discrepancy, contractor did not and had reason not to

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anticipate, Engineer shall certify and Government have to pay, such additional
sum as may be reasonable to cover such expense
Comments-
1 In case of technicalities of project i.e. design and specifications, Contract Form
contents shall not prevail over those, but for contractual and legal matters
1 Drawings remain in sole custody of Engineer, but two copies shall be furnished to
contractor free of cost.
2 Contractor shall provide and make at his own expense any/every further copies
required by it.
3 At completion of contract, contractor shall return to Engineer, all drawings
provided under contract.
4 Contractor shall prepare all further detailed sketches and schedules, which it may
require supplementary to drawings supplied by Engineer
5 Contractor shall give adequate notice in writing to Engineer’s Representative for
any/every further drawing or specification that may be required for execution of
works or otherwise required under contract
6 One copy of drawing furnished to contractor as aforesaid shall be kept by
contractor on site and same at all reasonable times be available for inspection and
use by Engineer, Engineer’s Representative and by any/every other person
authorized by Engineer in writing
Comments-
1 Nevertheless, copy right shall continue to be owned by Engineer for all designs,
specifications and all approved documents/and other details, which is also,
contractual obligation/s on part of Engineer to issue all schematic and working
drawings needed for project as design drawings for execution purpose and should
not be exclusively, expected of contractor to notify for requirement, except for
certain specific cases, where shop drawing are to be proposed by contractor to
Engineer for Engineer’s approval
1 Engineer shall have full Power and Authority to supply to contractor from time to
time, during progress of works, such further drawings and instructions, as be
necessary for purpose of proper adequate execution and maintenance of works,
which contractor should carry out and be bound by same
Comments-
1 These drawings and instructions shall be considered regular documents under
contract
General obligations
1 Contractor shall when called upon so to do, enter into and execute a contract
agreement (to be prepared at cost of Government) in form annexed with, such
modifications as may be necessary
Comments-
1 Though formal executed contract agreement is not necessarily, required to be
registered as a document according to Contract Act statutorily, but should be
preferred to be entered into, executed by parties to contract and registered as a

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document bearing / including all parties concerned, maintaining Engineers status
as solicitor and parties to contract being Owner and Contractor(owner as 1 st
party & contractor as 2nd party)
1 Contractor shall within 28 days from notification of acceptance of its Tender,

obtain Guarantee of an Insurance Company or Bank to be “jointly and severally”
bound with Contractor to Government in sum Stated in Tender and Appendix
thereto, for due performance of Contract under terms of a bond and said Insurance
Company or Bank and terms of said Bond be, such as to be approved by
Government and obtaining of such Guarantee and cost of Bond to be so entered
into, to be at expenses in all respects of Contractor, unless contract otherwise
provides
Comments-
1 Word “Government” referred to statutory provision of Banking Companies Acts
and Reserve Bank or relevant bank for purpose of “bank surety” or “guarantee”,
which should contractor fail to perform contract to full extent required, shall be
liable to confiscation or forfeiture to owner/government, as case may be and
bank, which provided guarantee/surety for contract performance, shall also, be
equally liable under contractual provisions
1 Contractor shall be deemed to have inspected and examined site, its surroundings
and to have satisfied itself, before submitting its Tender as to nature of ground and
sub soil, hydrological and climatic conditions, form and nature of site, quantities
and nature of work materials, necessary for completion of works, means of access
to site, accommodation contractor may require and in general, shall be deemed to
have itself obtained all necessary information as to ‘risks’ ‘contingencies’ and
other circumstances, which may influence or affect its Tender.
Comments-
1 Since contract is of itemized lump sum nature, no extra payment can be made due
to any/whatever of discrepancies discoveries among all contractual documents,
which are to be interpreted mutually explanatory or site conditions, within
normal limits, with exception of natural calamities never recorded in past ‘fifty
years or more’ period
1 Contractor shall be deemed to have satisfied itself, before tendering as to

correctness and sufficiency of its Tender for Works, of rates and prices Stated in
priced Bill of Quantities and Schedules of Rates and Prices (if provided), which
rates and prices (except in so far as, it is otherwise hereinafter provided) cover all
obligations under contract, all matters and things necessary for proper completion
and maintenance of Works.
Comments-
1 In general, contractor should use normal prices in relation to items in bill of
quantities as loaded price, if so priced, may not help contractor, in case of
omission of those items from contract at a later stage according to owner’s
requirement. prices filled in, as included shall not be paid separately, as well

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1 If during execution of works contractor encounters physical conditions (other
than weather conditions or conditions or conditions due to weather conditions) or
artificial obstructions, which conditions or obstructions, could not have been
foreseen by an experienced contractor, contractor shall forthwith and before such
conditions or obstructions are disturbed, give written notice, thereof to Engineer
or Engineer’s Representative and if in opinion of Engineer, such conditions are
artificial obstructions, which could not have been reasonably, foreseen by an
experienced contractor then Engineer shall certify and Government pay to
contractor, such sums as Engineer certified
2 to be proper and reasonable expense, of complying with any/every instructions,
which Engineer may have issued to contractor in connection therewith and such
other expense (if any/some), which contractor may reasonably, have incurred in
carrying out works, which would not have been incurred, had such conditioned or
obstructions not been encountered
Comments-
1 Due to complexity of this clause, it is very difficult to draw a line or a barrier to
confine to, whether or not, physical condition or artificial obstructions appear to
be within construction of a definition of normal occurrence or outstanding
occurrence, which shall force owner to pay extras to contractor, due sums
certified by Engineer for additional expenses, towards works carried out or to be
carried out, for complete contract performance
1 Save in so far as, it is legally or physically impossible, contractor shall execute

complete and maintain works in strict accordance, with contract to satisfaction of
Engineer and comply with, adhere strictly to Engineer’s Instructions and
directions on any/every matter (whether or not mentioned within contract)
touching or concerning works.
2 Contractor shall take instructions and directions only, from Engineer or (subject to
limitations referred to in clause hereof) from Engineer’s Representative
Comments-
1 In case, contractor justifies design part is questionable or uneconomical or not
durable or may cause unnecessary delay on contract execution, due to some of
technical provisions, which could either be avoided or altered, shall request
Engineer or Resident Engineer, with formal proposal and if its formal proposal
found suitable, shall strictly follow approved proposal as Engineer’s instruction,
subject to being within cost control and without any/whatever cost impact.
2 This provision applies to construction contract, while on EPIC, it is responsibility
of EPIC contractor to propose designs in compliance with FEED & to contract
requirements that Engineer & owner would approve if found satisfactory.
3 Engineer’s Instruction is a legal contractual document that involves cost
constitution on either side.
4 Prior to issue of EI, Resident Engineer may issue Site Instruction that is
technically based & if contractor, so requires about cost constitution, EI would be
issued by Engineer.

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1 Within 14 days, after acceptance of its tender, contractor shall submit to Engineer
for its approval, a programme schedule, showing order of procedures and method
using, which contractor proposes to carry out works and shall whenever required
by Engineer or Engineer’s Representative, furnish for information, particulars in
writing of contractor’s arrangements for carrying out works/of construction plants
and temporary works, which contractor intends to supply, use or construct, as case
may be.
2 Submission to & approval by Engineer or Engineer’s Representative of such
programme schedule or furnishing of such particulars shall not relieve contractor
of any/every of its duties or responsibilities under contract.
Comments-
1 And in addition to complete programme, contractor may be asked to submit
programmes for individual units, in case job comprises of those units, for example
a number of big buildings, separately existing and also, from time to time,
Engineer or Resident Engineer shall require quarterly, monthly or weekly
programmes and recovery programmes, as case may be.
2 Programme or schedule shall give information of machinery & workforces
intended to be deployed along with Histograms representations.
1 Contractor or its agent shall move job in line with approved programme without
any/certain aberration to progress graph & if so effected should be brought back
to schedule, if lagging behind schedule by proposing recovery programme.
2 Continuous monitoring of this programme shall be done by contractor as well as,
by engineer & current status of schedule would be declared in all progress
reviews meetings.
3 In case of progress lagging behind to a status of non feasibility of schedule
recovery, additional actions could be effected against contractor in line with
contract conditions that includes application of LD, which means Liquidated
Damages if so defined or directing works to be done on risk & cost of contractor
by contract action to additional mobilization of additional agency.
4 Contractor shall give or provide all necessary superintendence, during execution
of works and as long as, thereafter, as Engineer may consider necessary, for
proper fulfilling contractor’s obligations under contract.
5 Contractor or a competent and authorized agent or representative approved in
writing by Engineer (which approval may any/every time be withdrawn) is to be
in attendance constantly, on works and shall give its whole time to
superintendence of same.
6 If such approval is withdrawn by Engineer, contractor shall as soon as, practicable
(having regard to requirement of replacing agent/representative as hereinafter
mentioned), after receiving written notice of such withdrawal, remove agent from
site and shall not thereafter, employ him again on site, in any/whatever capacity
and replace him by another agent approved by Engineer.
7 Such authorized agent or representative shall receive on behalf of contractor,
directions and instructions from Engineer or (subject to limitations of relevant
clause hereof) Engineer’s Representative
Comments-

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1 It shall be preferable that proposed contractor’s agent be qualified/certified as a
professional Engineer and if not, at least a chartered Engineer or equivalent
competent Engineer, with whom Engineer or Resident Engineer should not find
any/certain inconvenience in dealing with’ technical and engineering’ matters to
follow up.
2 Such highly qualified contractor’s agent shall also, competently and comfortably
guide/direct & superintend, appointed assistants.
1 Contractor shall provide and employ on site, in connection with execution and
maintenance of works
2 Only, such assistants as are skilled and experienced in their respective callings
and such sub agents, foreman and leading hands, as are competent to give proper
supervision to work, such personnel are required to supervise and
3 Such skilled and semi skilled and unskilled labour, as is necessary, for proper and
timely execution and maintenance of works
4 Engineer shall be at liberty to object to and require contractor to remove
forthwith, from works any/every person employed by contractor in or about
execution or maintenance of works, who in opinion of Engineer, misconducts or
is incompetent or negligent in proper performance of respective duties or whose
employment, is otherwise considered by Engineer to be undesirable and such
person, so removed from works shall be replaced as soon as, possible by a
competent substitute approved by Engineer
5 Agent and a reasonable proportion of delegated technical assistants shall be able
to speak local language and English and a reasonable proportion of foreman shall
have knowledge of local language and English language.
6 In addition, contractor shall ensure that a reasonable proportion of related foreman
have a working knowledge of Local language to enable proper supervision of
Local labour.
Comments-
1 All contractor’s and subcontractor’s responsible personnel shall be allowed to
work on site subject to CV approvals by Engineer, which may be withdrawn at
any/whatever post approval time, in case Engineer or Resident Engineer deems
that relevant incumbent is not to defined mark in performance and is incompetent.
2 All personnel shall have local language and English language knowledge and
also, regional language knowledge.
1 Contractor shall be responsible for true and proper setting out of works in relation
to original points, lines and levels of reference given by Engineer in writing and
for correctness (subject as above mentioned) of position, levels, dimensions and
alignment of all parts of works and for provision of all necessary instruments,
appliances and labour in connection therewith.
2 If at any/whatever time during progress of works, any/some error appears or
arises in position, levels, dimensions or alignment of any/whatever part of works,
contractor on being required so to do by Engineer or Engineer’s Representative
shall at its expense, rectify such error to satisfaction of Engineer or Engineer’s
Representative, unless such error is based on incorrect data supplied in writing by

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Engineer or Engineer’s Representative, in which case, expense of rectifying same
shall be borne by Government.
3 Checking of any/every setting out or of any/every line or level by Engineer or
Engineer’s Representative shall not in any/whatever way, relieve contractor of its
responsibility for correctness thereof and contractor has to carefully, protect and
preserve all bench marks, sight rails pegs and other things, used in setting out
works.
4 In certain cases, false coordinates are provided on drawings by operators for
maintaining secrecy, these should be operated accordingly, but real equivalence
has to be defined somewhere for reference of managers as well as, surveyor.
Comments-
1 Any erroneous data supplied by Engineer leading to mistakes in designs or
execution, forms part of coordination procedures and shall be Engineer’s
responsibility and if Engineer has a contract with owner based on professional
fee, liability of that incorrect doing shall go to account of Engineer and not
owner, but in case, Engineer being appointed on an employee status, engaged by
government or owner, responsibility shall go to owner’s or government account.
2 Setting out of job and excavations are in particular contractor’s agent
responsibility in coordination with engineer or Resident Engineer.
3 That is why, agent should ensure that detailed references pertaining all bench
marks and lines or references are recorded and preserved.
4 Since GPS is used nowadays for transmitting basic bench marks or coordinates,
these sources better should be affected by deploying third party, but responsibility
still would be owned by contractor.
1 If at any/sometime during execution of works, Engineer requires contractor to

make bore holes or to carry out exploratory excavation, such requirement shall be
ordered in writing and be deemed to be an addition ordered under provisions of
relevant clause hereof, unless a provisional sum in respect of such anticipated
work is included in Bill of Quantities
Comments-
1 Contractor should examine preambles specified in bill of quantities document
carefully whether or not, entry column for site investigation bore holes is
provided in.
1 Contractor shall be deemed to carry out site exploration and investigation to have
satisfied itself regarding site soil characteristics, strata, ground water table and all
other matters or things, liable to meet or encounter during excavation.
2 In case site investigation item has not been included within documents, contractor
shall investigate soil by drilling or excavating at least two trial holes or pits for
Engineer’s inspection, for chemical as well as, other analysis.
3 Report included with contract document is only for guidance purpose to
contractor.
4 It may be included with contract conditions that contractor has to prove that
excavation formation level gives designed parameters otherwise, further decision
by engineer has to be obtained from.

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5 Contractor shall, in connection with works provide and maintain at its own cost
all lights, guards, fencing and watching, when and where necessary or required by
Engineer or Engineer’s Representative or by any/some duly Constituted Authority
for protection of works or for safety and convenience of public or others.
Comments-
1 All means of site safety adopted by contractors should be affected or implemented
according to functional requirement and to compliance of safety codes and
provisions on laws concerned.
2 There are so many acts covering safety, such as traffic manuals, industrial safety
manuals and other conventional or regulated measures, which are supposed to be
affected, depending upon site operation requirement.
1 From commencement to completion of works, contractor shall take full

responsibility for care thereof and all temporary works and in case any/certain
damage loss or injury happens to works or to any/some part thereof or to
any/certain temporary works from any/whatever cause whatsoever (save and
except excepted risks as defined in sub clause of this clause), shall at its own cost,
repair and make good same, so that at completion of works, it should be in good
order and condition and in conformity in every respect with requirements of
contract and Engineer’s instructions.
2 In event of any/every such damage, loss or injury, happening from any/all of
excepted risks, contractor shall if and to extent required, by Engineer and subject
always to provisions of relevant clause hereof, repair and make good same, as
aforesaid at cost of Government.
3 Contractor shall also, be liable for any/every damage to works occasioned by it in
course of any/every operations carried out by it for purpose of complying with its
obligations under relevant clause hereof
Comment-
1 Contractor should protect all approved works, permanent or temporary and due
diligence has to be applied by site agent to maintain full care of carried out
works.
2 It has to be noticed that titles of all contract works shall have to be transferred to
owner of works.
1 “Excepted risks” are war hostilities (whether or not, war be declared) invasion act
of foreign enemies, rebellion revolution, insurrection or military or usurped power
civil war or (otherwise than among contractor’s own employees), riot commotion
or disorder or use or occupation by Government of any/some portion of works, in
respects of which a certificate of completion has been issued or a cause, solely
due to Engineer’s design of works (all of which are herein collectively referred to
as “excepted risks”)
Comments-
1 These are excepted risks and contractor or Engineer or owner or
anyone/someone else, cannot control.
2 These are unforeseen incidents/mishaps.

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1 Without limiting its obligations and responsibilities under relevant clause hereof,
contractor shall insure, in joint names of Government and contractor against, all
loss or damage, from whatever cause, arising (other than excepted risks) for
which he is responsible under terms of contract and in such manner that
Government and contractor are covered, during period of construction of works
and are also, covered during period of maintenance, for loss or damage arising
from a cause, occurring prior to commencement of period of maintenance and for
any/every loss or damage, occasioned by contractor in course of any/every
operations carried out by him for purpose of complying with his obligations
under clause hereof
2 Works and temporary works to full value of such works, executed from time to
time, plus 10% to cover any/every additional expenses of and incidental to
demolition, removal, restoration or repair of any/every such loss or damage
3 Material, constructional plant and other things, brought on, to site by contractor to
full value of such materials, constructional plants and other things
4 All plant, equipment and materials of any/every kind being provided under
separate contract or by nominated subcontractors for incorporation into works
from time, such plant equipment and materials are taken over by contractor at port
workshop or place of manufacturing, as case may be, until delivery to site and
thereafter, in accordance with sub paragraphs above
5 Such insurance shall be affected with an insurer and in terms, approved by
Government (which approval shall not be unreasonably withheld) and contractor
whenever required, produce to Engineer or Engineer’s Representative, policy or
policies of insurance and responsibilities as aforesaid.
6 Nothing in this clause contained shall render contractor liable to insure against
necessity for repair or reconstruction of any/every work constructed with
materials or workmanship, not in accordance with requirements of contract
Comments-
1 Provision of works insurance depends upon relevant statutory provisions if
applicable.
2 Engineer should scrutinize prior to including this clause within contract
conditions.
3 Should law permit such insurance to cover for prosecuted works and also,
temporary works in joint names of owner and contractor, there shall be no harm
to resort this condition, otherwise inclusion is considered void.
1 Contractor shall (except of and so far as specification provides otherwise)

indemnify and keep indemnified Government, against all losses and claims for
injuries or damage to any/every person or any/every property, whatsoever (other
than surface or other damage to land being or crops on site suffered by tenants or
occupiers) which may arise out of or in consequence of construction and
maintenance of works and against all claims, demands, proceedings, damages,
costs charges and expenses, whatsoever, in respect of or in relation thereto.
2 Provided always that nothing herein contained shall be deemed to render
contractor liable for or in respect of or to indemnify Government against
any/every compensation or damages for or with respect to permanent use of

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occupations of land by works or any/every part, thereof or (save as hereinafter
provided) surface or other damage as aforesaid right of Government to construct
works or any/every part thereof, on, over, under, in or through any/every land
3 Interference, whether temporary or permanent with any/certain right of light
airways or water or other easement or quasi easement, which is unavoidable
result of construction of works in accordance with contract
4 Injuries or damage to persons or property, resulting from any/certain act or
neglect done or commuted during currency of contract of Government,
Government agents servants or other contractors (not being employed by a
contractor) or in respect of any/every claims, demands, proceedings, damages,
costs charges and expenses in respect, thereof or in relation thereto
5 Provided further that for purposes of this clause expression “site” shall be deemed
to be limited to area defined in specification or shown on drawings, in which land
and crops be/are disturbed or damaged, as an inevitable consequences of carrying
out works
6 Government shall save harmless and indemnify, contractor from and against all
claims, demands, proceedings, damages, costs charges and expenses in respect of
matter referred to in provision to sub clause of this clause
Comments-
1 Contractor has been constituted liable for damage to persons and property,
relevant to contract job, saving certain provisions effecting property involved
within contract documents, confined to site description and also, anything caused
by officials, other than officials of contractor.
2 Caving of excavation due to improper supporting arrangement, collapse of forms
of structural elements due to improper preparatory arrangement, subsistence of
adjoining structures due to basement excavations, falls from high altitudes of
persons/workers, accidents on site due to improper movements of equipment and
machines, all other accidents caused due to lack of safety measures etc. shall
amount to statutory liability of contractor
1 Before commencing execution of works, contractor (but without limiting his

obligations and responsibilities under clause hereof), shall in joint names of
Government and contractor, insure against any/every damage, loss or injury,
which may occur to any/every property (including that of Government) or to
any/every person (including any/every employee of Government) by or arising
out of execution of works or temporary works or in carrying out of contract,
otherwise than due to matters referred to in proviso to clause hereof
2 Such insurance shall be effected with an insurer and in terms approved by
Government (which approval shall not be unreasonably, withheld) and for at least
amount stated in tender and contractor whenever required, produce to Engineer or
Engineer’s representative, policies of insurance and receipts for payment of
current premiums
Comments-
1 Third party insurance is a common provision to generally, all construction
contracts, which Engineer or Resident Engineer, as an official, has a right to

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examine relevant documents from time to time, in respect of contract employees
including subcontractors’ employees
1 Government shall not be liable for or in respect of any/every damages or

compensation payable at Law in respect or in consequence of any/every accident
or injury, to any/every workman or other person in employment of contractors or
any/every subcontractor, save and except an accident or injury resulting from
any/every act of default of Government, Government agents or servants and
contractor indemnify and keep indemnified Government against all such damages
and compensation (save and except as aforesaid) and against all claims, demands,
proceedings, costs charges and expenses, whatsoever in respect, thereof or in
relation thereto
Comments-
1 Third party insurance is a common provision to generally, all construction
contracts, which Engineer or Resident Engineer, as an official, has a right to
examine relevant documents from time to time, in respect of contract employees
including subcontractors’ employees
1 Contractor shall insure against, such liability with an insurer, approved by

Government (which approval shall not be unreasonably, be withheld) and
continue such insurance during whole of time that any/every person/s are
employed by him on works and shall when required, produce to Engineer or
Engineer’s Representative, such policy of insurance and receipt for payment of
current premium.
2 Provided always that in respect of any/all persons employed by any/every
subcontractor, contractor’s obligation to insure as aforesaid, under this sub clause
shall be satisfied if subcontractor has insured against liability in respect of such
persons, in such manner that Government is indemnified under policy, but
contractor has to require such subcontractor to produce to Engineer or Engineer’s
Representative, when required, such policy of insurance and receipt for payment
of current premium
Comments-
1 It may or may not be applicable in this country, but on international
consideration, Insurance of all employees in construction industry is a must.
2 Workers are supposed to be employees of contracting company or builder’s
company.
1 If contractor fails to effect and keep in force insurance, referred to in relevant

clauses, hereof or any/every other insurance, which contractor may be required to
effect under terms of contract then and in any/every such case, Government may
effect and keep in force any/every such insurance, pay such premium as may be
necessary for meeting that purpose and from time to time, deduct amount so paid
by Government as aforesaid, from any/every money/monies due or which may
become due to contractor or recover same as a debt due from contractor
2 It is duty of contractor to notify insurer of any/each of insurance referred to in
clause hereof any/every matter or event, which by terms of such insurance are

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required to be so notified and contractor shall indemnify/keep indemnified,
Government against all losses demands, proceedings, costs charges and expenses,
whatsoever arising out of or resulting from any/every default by contractor in
complying with requirements of this sub clause, whether as a result of avoidance
of such insurance or otherwise
Comments-
1 Should application of this clause be ill effected due to non compliance by
contractor and effected by owner / Government, this virtually shall amount to a
bad performance record for contractor and may adversely, impact on
contractor’s future job prospects.
2 Site agent is responsible for notification to insurers, if so required
1 Contractor shall conform in all respects with provisions of any/respective Statute,

Ordinance or Law and Regulations or Bye Laws or any/every local or other duly
Constituted Authority, which may be applicable to works or to any/every
temporary works and with rules and Regulations of Public Bodies and Companies
and keep Government indemnified against all penalties and liability of every kind
for breach of any/every such Statute, Ordinance or Law, Regulation or Bye Law
2 Contractor shall give all notices and pay all fees required to be given or paid by
any/every national or State Statute, Ordinance or other Law or any/every
Regulation or Bye Law of any/every local or other duly Constituted Authority, in
relation to execution of works or of any/every temporary works and by Rules and
Regulations of all Public Bodies and Companies, whose properties or rights are
effected or may be affected in any/certain way by works or any/every temporary
works
Comments-
1 Since it is fundamental duty of a citizen to abide by Constitution of India &
elsewhere and Institutions of a state, automatically, contractor shall have to
abide by and comply with all relevant statutory or legal provisions, applicable to
job and shall operate affairs accordingly, as required from time to time for
carrying out job activities
1 All fossils, coins, articles of value or antiquity, structures and other remains or
things of geological or archaeological interest, discovered on site of works shall
as between Government and contractor be deemed to be absolute property of
Government, for which contractor has to take reasonable precautions to prevent
his workmen or any/every other persons from removing or damaging any/every
such article or thing and immediately, upon discovery thereof and before removal,
acquaint Engineer’s Representative of such discovery and carry out at expense of
Government Engineer’s Order as to disposal of same
Comments-
1 This provision is also, general in construction contracts, but in case, if discovery
is of such nature that cannot be removed from site due to integral character,
Government shall have to decide according to natural law, whether or not to
relocate site compensating contractor accordingly, if so required.

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2 It is a seldom & remotely applicable clause for modern contracts as lands
available are generally, known & existence of hidden wealth may not be expected.
1 Contractor shall save harmless and indemnify, Government from and against all
claims and proceedings for or on account of infringement of any/every patent,
rights, design, trademark or name or other protected rights in respect of any/every
constructional plant, machine and against all claims, demands, proceedings,
damages, costs, charges and expenses, whatsoever in respect thereof or in relation
thereto.
2 Contractor shall pay all tonnage, other royalties, rent and other payments or
compensation (if any/some) for getting stone, sand, gravel, clay or other materials
equipment required for works or temporary works or any/every of them
Comments-
1 This provision is also, general in construction contracts and a reflection of
relevant statutory provisions and requirements.
2 Whatever expenses would be required, contractor must have included within bid
at tendering stage.
1 All operations necessary for execution of works and for construction of any/every
temporary works shall so far as, compliance with requirements of contract
permits, be carried on, so as not to interface unnecessarily or improperly, with
public convenience or access to use and occupation of public or private roads and
footpaths or to or of properties, whether in possession of Government in respect
of all claims, demands, proceedings, damages, costs charges and expenses,
whatsoever arising out of or in relations to any/every such matters, in so far as
contractor is responsible thereof.
Comments-
1 Inconvenience and nuisance to public movement is not preferred. Contractor
should plan activities in such a way, as far as practicable / feasible in off /
average traffic hours or based on traffic police provision of deployment, should
make arrangements for traffic diversion to satisfaction of authorities and
Engineer.
2 Care should be taken to keep noise levels of pumping of concrete & other
operating machines or equipment etc. during night hours, in residential areas
within permissible limits.
3 Whatever statutory provisions deemed applicable, care has to be taken
accordingly, and should be taken
1 Contractor shall use every reasonable means to prevent any/every of highways or

bridges communicating with or on routes to site from being damaged or injured
by any/every traffic of contractor or any/each of his subcontractors and on
particular select routes, choose and use vehicles, restrict and distribute loads, so
that any/every such extraordinary traffic as inevitably, arises from moving of
plant and material from and to site, be limited as far as, reasonably possible, so
that no unnecessary damage or injury may be occasioned to such highways and
bridges

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Comments-
1 This is an important provision, as far as, contractor’s movement of state
roads/national highways etc. is concerned.
2 For example, contractor has to bring a crawler tracks mounted machine to site it
should not be brought by road surface, but mounted on a tyred trailer.
3 Similarly, contractor should price tender with care in case, such transportation to
site is required, as a part of activities within contract scope
1 Should it be found necessary for contractor to move one or more loads of

constructional plant machinery or pre constructed units or parts of units of work
over part of a highway or bridge, moving whereof, is likely to cause damage
any/certain highway or bridge, unless either special protection or strengthening is
carried out then contractor shall before moving load on to such, either highway or
bridge, unless special protection or strengthening is carried out, give notice to
Engineer or Engineer’s Representative of weight and other particulars of load to
be moved and his proposals for protecting or strengthening said highway or
bridge.
2 Unless within fourteen days of receipt of such notice, Engineer by counter notice
directs that such protection or strengthening is unnecessary/inadequate then
contractor shall carry out such proposals or any/every modification thereof ,
which Engineer requires and unless there is an item or are items in Bill of
Quantities for pricing by contractor of necessary works for protection or
strengthening as aforesaid, costs and expenses thereof, shall be paid by contractor
Comments-
1 This is an important provision, as far as contractor’s movement of state roads
/national highways etc. is concerned.
2 For example, contractor has to bring a crawler track mounted machine to site, it
should not be brought by road surface, but mounted on a tyred trailer.
3 Similarly, contractor should price tender with care, in case such transportation to
site is required, as a part of activities in contract scope, to include cost in tender.
1 If during carrying out works or at any/every time, thereafter contractor receives

any/certain claims arising out of execution of works in respect of damage or
injury to highways or bridges, he shall immediately, report same to Engineer.
2 If and so far as any/every such claim/s or part thereof, is in opinion of Engineer
due to any/certain failure on part of contractor to observe and perform his
obligations under sub clause of this clause then amount certified by Engineer shall
have effect accordingly
3 Where nature of works is such as to require use by contractor of waterborne
transport, foregoing provisions of this cause shall be construed as though
“highway” included as a lock, dock, sea wall, or other structure related to a
waterway and “vehicle” included craft, and shall have effect accordingly.
4 Contractor shall in accordance with requirements of Engineer, afford all
reasonable opportunities for carrying out their work to any/every other, duly
employed by Government and their workmen, to workmen of Government and of
any/every other duly Constituted Authorities, who may be employed in execution

Chapter 29
on or near site of any/certain work, not included within contract, which
Government may enter into in connection with or ancillary to works
Comments-
1 This provision requires complete coordination of operations on site with other
contractors, for which contractor’s agent shall be responsible to perform function
of liaison with other contractors and Engineer or Resident Engineer from time to
time and if required shall also, alter programme networks for official approval
1 Except where, otherwise specified, contractor shall at his own expense, supply
and provide all constructional plant, temporary works, labour (including
supervision thereof) transport to or from site and in and about works and other
things of every kind required for construction, completion and maintenance of
works.
Comments-
1 With exception of items of machine and plants in contractor’s liability and
expenses, while drawing itemized lump sum contract, though part of contract may
be carried out by subcontractor appointed by contractor.
2 All expenses’ responsibilities shall be responded/born by contractor.
1 Contractor shall at all times keep site free from obstructions and at any/every time
if directed by Engineer or Engineer’s Representative, store or dispose of
any/every constructional plant and surplus materials, clear away and remove from
site any/every wreckage or rubbish or temporary works no longer required
2 On completion of works, contractor shall clear away and remove from site all
constructional plant, surplus materials, rubbish and temporary works of every
kind and leave, whole of site and works clean and in a workmanlike condition to
satisfaction of Engineer
Comments-
1 Since, site must be open to Engineer, Resident Engineer and owner or government
authorities, it should be kept obstruction free to enter for them. Should
requirement for some machine / plants or material or temporary works, has been
fulfilled to contract scope, Engineer / Resident Engineer is authorized to order
removal of plant or machine or material from site to keep site tidy and on other
hand, may hold same, if job needs that further and contractor also, wishes to use
on job to meet further needs.
2 While contractor wishes to use that on some other job currently, but should be
held back by engineer, but not at cost of contractor’s additional expenses and at
physical or practical completion time, contractor must clear, whole site of all
materials and machines /plants, excluding those required for maintenance.
Labour
1 Contractor shall pay rates of wages and observe hours and conditions of labour
not less than favorable than those established by agreement, between employer or
other recognized Authorities and trade unions for similar trades or industries in
district, where this contract work is to be carried out.

Chapter 29
2 Where there are no such established rates and conditions in trade or industry in
district then established rates and conditions in other districts for similar trades or
industries carried on under similar general conditions shall be responsible for
observance of terms of this sub clause by any/every subcontractor.
Comments:
1 It shall be incumbent upon contractor to pay an amount that is legally, required to
be made as a minimum for any/every construction worker in absence of
any/required data.
1 Rates of pay to labour together with working conditions to be observed in terms

of paragraph above shall in event of any/certain doubt, be discussed between
contractor and appropriate Government department of labour.
Comments:
1 Inspections shall be done satisfactorily, so that workers get accommodations as
required under law.
1 Contractor shall keep proper wage/s books, showing wages paid to labourers in
and about execution of contract, together with such other records, as are required
by any/every Statute, Ordinance, Law, Regulation or Bye Law in force in work
country, governing employment of labour and shall be bound, whenever required
so to produce such wages book and other records for inspection of any/every
person authorized by Engineer or by state official.
Comments:
1 Though documents are inspected by concerned officials & Engineer has no much
interest in scrutinizing or assuring legal implementations, but keeping in view
labour welfare or avoiding malpractice, these records could be visited
anytime/everytime or should there be any/certain complaints of irregularities in
making wages.
1 Contractors and subcontractors shall recognize freedom of their labour to be

members of registered trade unions, if laws of land recognize trade unions.
Comments:
1 In certain nations, such provisions are not allowed to be integrated as a part of
contracts & therefore, in those areas, this clause does not have any/required
standing.
1 Contractor shall also, from time to time furnish to Engineer, such further detailed
information and evidence, as Engineer may deem necessary, in order to satisfy
him that conditions of this clause have been complied with.
Comments:
1 Where such requirements are covered by other applicable laws for filing record
returns, this clause may be included for information.
1 Contractor shall use all diligence in arranging for a sufficient and suitable supply
at all times throughout contract, of labour and personnel and make his own
arrangements for their recruitment.

Chapter 29
2 Provided that contractor shall not recruit or attempt to recruit his personnel and
labour from amongst persons in service of Government.
3 Contractor shall at his own expense, unless otherwise specified, pay all costs and
charges for and make all arrangements in connection with recruitment,
employment, supervision, transport quarantine, housing, feeding welfare, first
aid, hospital services, camp administration, insurance of ‘labour and personnel’
and all other matters, whatsoever related, all of which are subject to Statutes,
Ordinances, Laws, Regulations and Bye Laws now in force or which may be laid
down by appropriate Authorities from time to time, during continuance or
currency of contract.
Comments:
1 Complicated clause & therefore, all provisions covering all such costs should be
calculated & included, somewhere either in preambles or in items.
1 Importance of labour and personnel shall be subject to Statutes, Ordinance, Laws,

Regulations and Bye Laws in force from time to time and no labour or personnel
imported by contractor, without first obtaining necessary permit or permits or
passports from appropriate Authorities
2 Contractor shall at his own cost be responsible for provision of transport to and
from site at all times and repatriation to places, where they were recruited of all
his own and his subcontractors’ personnel and labour employed upon works and
be responsible for suitable maintenance of all such persons, who are being or
about to be repatriated, until they have left country or district, as case may be and
in default, Government may repatriate and maintain such persons and recover
costs from contractor
3 Contractor shall at all times, during progress of works take all requisite
precautions and use his best endeavor to ensure all his labour and personnel
comply with Statutes, Ordinances, Laws, Regulations and Bye Laws in force in
district and so to prevent accidents or any/whatever riotous or unlawful behavior
by or amongst labourers and other employed on or in connection with works and
for preservation of peace and protection of inhabitants, security of all property on
or in neighborhood of site, but contractor shall neither be entitled to institute
any/some force of police nor shall interfere with Government police, who have
free and undisputed access at all times to any/every part of site in execution of
their duties.
Comments:
1 Contractor would make all supporting arrangements that such unpleasant
incidents leading to unrest do not occur.
2 All such cost incurable on account of such expenses shall be included with bid
cost.
1 Contractor shall not, otherwise than permitted in accordance with Government

Regulation, import, sell, give barter or otherwise dispose of any/some alcoholic
liquor or drugs or permit or suffer any such importation, sale, gift, barter or
disposal by his subcontractors, agents or employees

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2 Contractor shall not import, sell, give barter or otherwise dispose of to any/every
person or persons any arms or ammunition of any kind or permit or suffer same as
aforesaid. Comments:
1 Though contravening laws is illegal, yet, provisions are made for securing
contract conditions, in case of any/certain non law abiding bad part to any/every
contract or subcontract.
1 Contractor and his subcontractors, including agents and other personnel shall in
all their dealings with their labour, from time to time being employed on or in
connection with works, have due regard to all recognized festivals and religious
or other customs. Comments:
1 No disparity towards cults should be shown.
2 Humanity should be valued rightly according to international & national norms.
1 Due precautions must be taken care of by contractor and at his own cost, unless
otherwise specified in collaboration with and to requirements of local health
Authorities, to ensure that medical staff, first aid equipment and stores, sick bay
and suitable ambulance service are available at camps or housing and on site at all
times throughout period of contract and that suitable arrangements are made for
anti Malarial precautions, for prevention of epidemics and for all necessary
welfare and hygiene requirements.
Comments:
1 Provision for adoptable health facilities would depend on area, where site is
located.
2 Provisions of all health, safety & environment related issues should also, be
covered within such sections to enable inclusion of probable expenditure by
bidder.
1 Contractor shall be required to provide, maintain and remove, on completion of

contract at his own cost, unless otherwise specified, all camps and housing he
thinks necessary, properly to accommodate his personnel and labour together with
shelters for his labour, including all necessary water supply for drinking and other
purposes, electric light, sanitation, cooking, housing, fencing, fire prevention
equipment etc. and all such buildings and all sheds and temporary structures,
which contractor may erect for his own purposes, shall in respect of design
situation, layout, water supply, washing and cooking facilities, lighting, sanitary
and health arrangements and welfare be such, as shall conform with Statutes,
Ordinances, Laws, Regulations and Bye Laws in force in districts and with
approval of Government Authorities.
2 On completion of contract, site of camps or housing provided by contractor shall
be properly, cleared and all temporary rubbish pits or sewage pits filled in to
satisfaction of Engineer.
Comments:
1 Such clause is applicable mostly to major projects of prestigious industries on
which economy of state depend.
2 A good administrator/engineer is required for contract implementation.

Chapter 29
1 Foregoing provisions of this clause shall apply to all labour and personnel,
employed by contractor and his subcontractors and all costs charges and expenses,
whatsoever that may be incurred by contractor and all risks involved in giving
effect to provisions of this clause, including all insurances are deemed to be
included and covered in rates or lump sums, inserted by contractor in bills of
quantities.
Comments:
1 Insurance is issued commonly, applicable to all employees with of course, certain
qualifications acceptable under legal provisions.
2 Certain other risks to life are also, included in addition to medical care of
employees.
1 Without prejudice to generality, of definition of temporary works in clause of

these conditions, said definition shall be construed as comprising all works,
structures, services, buildings and other facilities required in fulfillment of this
clause.
Comments:
1 All such works may be required as temporary structures for making permanent
ones or to support preparatory works.
2 These provisions include various schemes regarding employment conditions,
rates of pay, wages, right to form or join trade unions, labour supply, their
recruitment and permit, their repatriation, preservation of peace on works and in
camp, drug and alcoholic controls, arms and ammunition controls, religious and
other customs, health, housing, water etc. which are already reflected in labour
regulation acts and even if not included, must be included as a matter of common
diligence, on part of owner and Engineer.
3 It is not feasible to control practicality, of executions without existence of these.
1 Contractor shall, if required by Engineer, deliver to engineer’s representative or at

his office, a return in detail in such form and at such intervals as Engineer may
prescribe, showing supervisory staff and numbers of several classes of labour,
from time to time employed by contractor on site and such information respecting
constructional plant as Engineer’s representative may require
Comments-
1 It shall be duty of Engineer or Resident Engineer to check and examine labour
returns to ensure that progress of job is not adversely, effected as well as, no un
justice is done to labour and all these dealings should be just and honourable
based on equitable acts.
Materials and workmanship

1 All materials and workmanship shall be of respective kinds, described in contract
and in accordance with Engineer’s Instructions and shall be subjected, from time
to time to such places.
2 Contractor shall provide such assistance, instruments, machines, labour and
materials, as are normally required for examining, measuring and testing

Chapter 29
any/every work and quality, weight or quantity of any/every material used and
shall supply samples of materials, before incorporation into works for testing, as
may be selected and required by Engineer
3 All samples shall be supplied by contractor at his own cost if supply, thereof is
clearly intended by or provided for in specification or bills of quantities, but if not
then at cost of Government
4 Cost of making any/every test shall be by contractor if such test is clearly,
intended by or provided for, in specification or Bill of Quantities and (in cases
only, of a test under load or of a test to ascertain, whether design of any/every
finished or partially, finished work is appropriate for purposes, which it was
intended to fulfill) is particularized in specifications or bills of quantities in
sufficient detail to enable contractor to price or allow for same in his tender
5 If any/every test is ordered by Engineer, which is either not so intended by or
provided for or (in cases above mentioned) is not so particularized or though, so
intended or provided for is ordered by Engineer to be carried out by an
independent person at any/certain place other than site or place of manufacture or
fabrication of materials tested then cost of such test shall be borne by contractor if
test shows workmanship or materials not to be in accordance with provisions of
contract or Engineer’s instructions, but otherwise should be paid by Government
Comments-
1 According to practice on building contracts and other contracts, all materials
proposed to be included are submitted to Engineer within 60 days of date of
contract commencement.
2 All activities are approved and recorded by Engineer/Resident Engineer.
3 All material tests are carried out, as specified within contract documents and
relevant codes, whichever applicable to contract.
4 Naturally, in lump sum contracts, all costs to be incurred on these operations,
have to be borne by contractor except in cases, where Engineer transgresses
specification or codes requirements and tests results comply with contract
requirements
1 Engineer and any/every other person authorized by him shall at all times have
access to works, to site and to all workshops and places, where work is being
prepared or whose materials, manufactured articles or machinery are being
obtained for works and contractor shall afford every facility for and every
assistance in or in obtaining right to such access
Comments-
1 It is very basic condition to keep site be accessible full time during currency of
contract for Engineer and his staff as well as, owner and government, all relevant
authorities and this access shall be directly, secured under contractor’s charge,
should work fall under general conditions of civil authorities, while in case of
army, navy or air force, through defense authorities.
2 This explanation shall also, apply to site offices, works, workshops, stores,
manufacturing plants etc.

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1 No work shall be covered up or put out of view, without approval of Engineer or
Engineer’s Representative and contractor has to afford full opportunity for
Engineer or Engineer’s Representative to examine and measure any/every work,
which is about to be covered up or put out of view and to examine foundations,
before permanent work is placed thereon.
2 Contractor shall give due notice to Engineer’s Representative, whenever
any/every such work or foundation/s is or are ready or about to be ready for
examination and Engineer’s Representative, whenever any/every such work or
foundations is or are ready or about to be ready for examination, shall without
unreasonable delay, unless he considers it unnecessary and advises contractor
accordingly, attend for purpose of examining and measuring such work or of
examining such foundations
3 Contractor shall uncover any/every part or parts of works or make openings in or
through same as Engineer may from time to time direct, reinstate and make good,
such part or parts to satisfaction of Engineer.
4 If any/every such part or parts have been covered up or put out of view, after
compliance with requirements of sub clause of this clause and are found to be
executed in accordance with contract, expenses of uncovering, making openings
in or through, reinstating and making good same shall be borne by Government,
but in any/every other case, all such expenses are borne by contractor and shall be
recoverable from him by Government or may be deducted by Government from
any/every monies due or which may become due to contractor
Comments
1 Every operation/ activity has to be approved by Engineer or Resident or clerk of
works on as request for inspection (general) or concrete or services as case may
be.
2 It is a practice to give 24 hours notice for general items and 48 hours notice for
RCC items, but there constitutes a degree of flexibility in interest of works.
3 This condition also, applies to measurements of works done.
4 Even after approval and covering work, Engineer has a right to re examine work
by uncovering and getting that made good, if found unacceptable at cost of
contractor, but at cost of owner /government, if found complying with
specification
1 Engineer shall during progress of works, have power to order in writing from time
to time, removal and proper re execution (notwithstanding any/every previous test
thereof or interim payment thereof) of any/every work, which in respect of
materials or workmanship, is not in opinion of Engineer in accordance with
contract
2 Substitution of proper and suitable materials and removal from site within such
time or times, as may be specified in order of any/every materials, which in
opinion of Engineer are not in accordance with contract
3 In case of default on part of contractor in carrying out such order, Government
shall be entitled to employ and pay other persons, to carry out same and all
expenses consequent, thereon or incidental thereto, are borne by contractor and
shall be recoverable from him by Government or may be deducted by

Chapter 29
Government from any/every money/monies due or which may become due to
contractor
Comments-
1 It is expected on part of contractor‘s agent to bring substandard or any/every
defective work to knowledge of Resident Engineer prior to, it is pointed out by
Engineer or Resident Engineer, so that an agreement could be reached between
contractor and Engineer /Resident Engineer for remedial actions, which style of
working shall generate a degree of trust on site, between contractor and Resident
Engineer or Engineer.
2 It is better on part of contractor to avoid additional action that Engineer or
Resident Engineer may resort to, should contractor does not carry out reparation
of defective work or re execution or removing rejected material brought or
carrying out any/every other Engineer’s instruction to maintain track record of
contractor proven
1 Contractor shall on written order of Engineer, suspend progress of works or

any/every part thereof for such time or times in such manner as Engineer may
consider necessary and during such suspension, properly protect and secure work,
so far as is necessary in opinion of Engineer.
2 Extra cost (if any/every) incurred by contractor in giving effect to Engineer’s
instructions, under this clause shall be borne and paid by Government, unless such
suspension is
3 otherwise provided for in contract or
4 necessary for proper execution of work or
5 by reason of weather conditions or conditions due to weather conditions, affecting
safety or quality of work
6 by some default on part of contractor or
7 necessary for safety of work or any/every part thereof
8 Provided that contractor shall not be entitled to recover any/every such extra cost
unless, he gives notice in writing of his intention to claim to Engineer within 14
days of Engineer’s order.
9 Engineer shall settle and determine extra payment to be made to contractor in
respect of such claim as Engineer considers fair and reasonable
10 If on written order of Engineer (in this sub clause referred to as “Suspension
Order”) progress of works or any/every part, thereof is suspended for a period or
consecutive period, which lasted in all to 90 days or if Engineer having
previously, issued a Suspension Order for a period, which lasted less than 90 days,
issues within less than 90 days, from expiration of that period of suspension, a
further suspension order either in respect of whole of works or (where previous
suspension order has effected on a part) affecting or including that part then and
in any/every such case, contractor may serve a written notice on Engineer
requiring permission within 28 days, from receipt thereof, to proceed with works
or that part thereof, in regard to which, progress is suspended and if such
permission is not granted within that time, contractor by a further written notice
so served may (but is not bound to) elect to treat suspension, where it affects part
only of works as an omission of such part under relevant clause hereof or, where

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it effects part only of works, as an omission of such part under relevant clause
hereof, where it effects whole works, as an abandonment of contract by
Government
Comments-
1 Suspension of works by Engineer and follow up sequence by contractor is very
important and significant exercise to be carried out, as it may constitute ground
for introduction and references to arbitration course of actions for determination
pertaining to claims and counterclaims.
2 Without keeping proper records, it shall be difficult to establish any/every
Arbitration case.
Commencement time and delays

1 Contractor shall commence works on site, within period named in tender, after
receipt by him of an order in writing to this effect from Engineer and proceed
with same, with due expedition and without delay, except as may be expressly,
sanctioned or ordered by Engineer or be wholly, beyond contractor’s control
Comments-
1 This provision implies communication to statutory authorities, relevant to job and
obtaining record drawings etc. for purpose of excavations.
2 All other operations of job commencement have been covered implicitly in this
condition
1 Save in so far as contract may prescribe, extent of portions of site, of which

contractor is to be given possession from time to time and order, in which portions
are made available to him and subject to any/every requirement in contract as to
order, in which works are to be executed, Government with Engineer’s written
order to commence works shall give to contractor possession of so much of site,
as may be required to enable contractor to commence and proceed with
construction of works, in accordance with programme referred to in clause hereof
and otherwise, in accordance with such reasonable proposals of contractor, as he
by notice in writing to Engineer makes from time to time as works proceed, have
to give to contractor possession of such further portions of sites, as may be
required to enable contractor to proceed with construction of works with due
dispatch in accordance with said programme or proposals (as case may be).
2 If contractor suffers delay or incurs expense from failure on part of Government
to give possession in accordance with terms of this clause, Engineer shall grant an
extension of time for completion of works and certify, such sum as in his opinion,
be fair to cover expenses incurred, which sum has to be paid by Government
3 Contractor shall bear all expenses and charges for special or temporary ‘way
leaves’ required by him, in connection with access to site.
4 Contractor shall also, provide at his own cost, any additional accommodation
outside site, required by him for purposes of works
Comments-
1 Generally, site is handed over to contractor at date of commencement, but due to
certain practical restriction of some kind, which may be on a very big size job,

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where other agencies too are involved, site in parts could be handed over and
programme be modified accordingly.
2 ‘Way leave’ form is an important condition/requirement, which contractor must
take care of, while starting any/every new part or building on integrated project
e.g. distance of building setting out may be a minimum requirement from an
electric pole or any/every other reference
1 Subject to any/every requirement in specification, as to completion of any/every

portion of works before completion of whole, whole of works shall be completed
within time stated in tender, calculated from last day of period named in tender, as
that within which works are to be commenced or such extended time, as may be
allowed under relevant clause hereof
Comments-
1 Date as agreed with Engineer or as prescribed in contract, shall be date of
commencement and project should be completed on date, which falls on day
according to Georgian calendar, after lapse of contract duration, including
extension of time.
2 If there is an isolated part of job, which is separately handed over due to some
employer’s required priority maintenance of that part shall start on date of
practical completion.
3 Maintenance of whole job shall start on date of actual handover of whole job. In
case, separate considered part is maintained to meet contract requirement, final
completion could be considered accordingly.
1 Should amount of extra or additional work of any/every kind or other special

circumstances of any/every kind whatsoever, which may occur be/are, as such fair
to entitle contractor to an extension of time for completion of work, Engineer
shall determine amount of such extension.
2 Provided that Engineer is not bound to take into account any/every extra or
additional work or other special circumstances, unless contractor within 28 days,
after such work has been commenced or such circumstances have arisen or as
soon, thereafter as is practicable, delivered to Engineer’s Representative full and
detailed particulars of any/every claim to required extension of time to which, he
may consider himself entitled in order that such claim may be investigated at
time.
Comments-
1 Engineer has authority to consider additional days to be granted to contractor,
based on various circumstances and reasons, but Engineer is not bound should
contractor fail to notify to Engineer, within 28 days of occurrence of facts of such
circumstances.
2 Engineer can ask contractor for providing complete details
1 Subject to any/every provision to contrary contained in contract, none of

permanent works shall save as hereinafter provided, be carried on during night or
on holidays, without permission in writing of Engineer’s Representative, save
when work is unavoidable or absolutely, necessary for saving of life or property

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or for safety of works, in which case, contractor has to immediately, advise
Engineer’s Representative.
2 Provided always that provisions of this clause shall not be applicable in case of
any/every work, which it is customary to carry out by rotary or double shifts
Comments-
1 No night work or weekly holiday/s work is allowed for permanent operations,
except in emergencies or if that is routine depending on nature of job.
2 If contractor wishes to carry out on such days, prior approval in writing of
Engineer’s representative shall be obtained.
3 Concrete pouring activity is normally carried out in off working hours due to
temperatures controls as well as, delivery problems.
1 Whole required materials, plant and labour to be provided by contractor under

clause hereof, mode manner and speed of execution and maintenance of works are
to be of a kind and conducted in a manner to satisfaction of Engineer.
2 Should rate of progress of works or any/every part thereof, be at any/certain time
in opinion of Engineer, too slow to ensure completion of works by prescribed
time or extended time for completion, Engineer shall so notify, contractor in
writing and contractor thereupon, must take such steps, as contractor may think
necessary and Engineer may approve to expedite progress, so as to complete
works by prescribed time or extended time for completion.
3 If work is not being carried out by ‘day and night’ and contractor requests
permission to work by night as well as, by day then if Engineer grants such
permission, contractor shall not be entitled to any/every additional payment for so
doing, but if such permission is refused and there is no equivalent practicable
method for expediting progress of work, time for completion shall be extended by
such period, as is solely attributable to such refusal.
4 All works at night shall be carried out, without unreasonable noise and
disturbance.
5 Contractor shall indemnify Government from and against any/every liability for
damages, on account of noise or other disturbances created, while or in carrying
out work and from and against all claims, demands, proceedings, costs charges
and expenses, whatsoever in regard or in relation to such liability
Comments-
1 Engineer has a right to examine contractor’s progress and increase of a lag
behind schedule.
2 Contractor’s response to recovery of lost time must come, either as a measure to
mobilize additional resources or to augment working time hours.
3 If work can be advanced by increasing working hours and Engineer does not
grant permission, contractor shall get a contractual right to apply for claims on
extension of time.
4 If Engineer allows for additional working hours, contractor shall not be entitled
for extension of time claim on this basis
1 If contractor fails to complete works within time prescribed by clause hereof or

extended time then contractor shall pay to Government, sum Stated in tender as

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liquidated damages, for such default and not as a penalty for every day or part of a
day, which days elapse between time prescribed by clause hereof or extended
time, as case may be and date of completion of works.
2 Government may without prejudice to any/every other method of recovery, deduct
amount of such damages from any/every monies in hands due or which may
become due to contractor.
3 Payment or deduction of such damages shall not relieve contractor from his
obligation to complete works or from any/every other of his obligations and
liabilities under contract
4 If before completion of works, any/certain part of works has been certified by
Engineer as completed, pursuant to clause hereof and occupied or used by
Government, liquidated damages for delay shall for any/every period of delay,
after such certification be reduced in proportion, which value of part so certified,
bears to value of whole of works
Comments-
1 Due to delay on part of contractor, contractor shall pay to owner/government
liquidated damages mentioned in contract in form of sum, which amount should
be based on actual defined damages and not just provided to be recovered from
contractor’s valuation as recoveries.
2 Amount of liquidated damages shall not apply on part job already handed over,
prior to completion of whole contract
1 As soon as, in opinion of Engineer, works have been substantially, completed and
satisfactorily, passed any/every final test, which may be prescribed by contract,
Engineer shall on receiving a written undertaking by contractor to finish
any/every outstanding work during period of maintenance, issue a certificate of
completion in respect of works.
2 Period of maintenance of works shall commence from date of such certificate.
3 Provided that Engineer may give such a certificate with respect to any/every part
of works, before completion of whole of works and shall upon, written application
of contractor, give such certificate with respect to any/every substantial part of
works, which has been both completed to satisfaction of Engineer and occupied or
used by Government and when any/every such certificate is given in respect of
any/every part of works, such part shall be considered as completed and period of
maintenance of such part shall commence from date of such certificate.
4 Provided also, that a certificate of completion given in accordance with foregoing
provisions of any/every part of works occupied and used as aforesaid shall not be
deemed to certify completion of any ground or surfaces, requiring reinstatement,
unless such certificate expressly so states
Comments-
1 Having tested and commissioned whole of works as required by contract
specifications, Engineer shall issue a certificate for Practical Completion or
Mechanical Completion i.e. Certificate of completion and maintenance period of
contract shall commence from day of issue of certificate date.
2 Some minor snags may also, be covered to be rectified within period of
maintenance and a description to that may be given for these items.

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3 In case, some part of job has already been taken over by owner/government prior
to whole of job, a reference to that shall also, be mentioned in completion
certificate.
4 Part completion certificate shall not be considered as a completion of
surrounding ground and also, surfaces requiring re-installment
Maintenance and defects

1 In these conditions expression "period of maintenance” contractually, means
period of maintenance named in tender, calculated from date of completion of
works, certified by Engineer in accordance with clause hereof or in event of more
than one certificate having been issued by Engineer under said clause, from
respective dates, so certified and in relation to period of maintenance expression
“works” shall be construed accordingly
2 To intent that works at or as soon as practicable, after expiration of period of
maintenance, be delivered up to Government in as good and perfect a condition
(fair wear and tear excepted) to satisfaction of Engineer as that in which they were
at commencement of period of maintenance.
3 Contractor shall execute all such works of repair, amendment, reconstruction,
rectification and making good of all defects during period of maintenance or
within fourteen days, after its expiration as a result of an inspection made by or on
behalf of Engineer prior to its expiration
4 All such works shall be carried out by contractor at his own expense if necessity
thereof in opinion of Engineer, is due to use of materials or workmanship, not in
accordance with contract or to neglect or failure on part of contractor, to comply
with any/every obligation expressed or implied on contractor’s part under
contract.
5 If in opinion of Engineer, such necessity is due to any/every other cause, value of
such work shall be ascertained and paid for, as if it were additional work
6 If contractor fails to do any/every work as aforesaid required by Engineer,
Government shall be entitled to carry out such work by its own workmen or by
other contractors and if such work is work, which contractor should have carried
out at contractor’s own cost as well as, entitled to recover from contractor cost,
thereof or may deduct same from any/every monies due or that would become due
to contractor
Comments-
1 Generally, a 400 days or as required, period of maintenance should be provided
within appendix, to start from practical completion date and continue to end of
maintenance period date, when final completion is to be decided by Engineer.
2 Contractor should return works in due specified form with acceptable wear and
tear and every work to be inspected and clearance from Engineer be obtained.
3 If Engineer points out to any/every repair or rectification, which lies in
contractor’s scope, contractor should do that and if, rectification does not form
part of contractor’s scope and Engineer orders that, extra payment be made to
contractor.

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4 Should contractor fail to carry out such rectification, as pointed out by Engineer
in prescribed time, owner/government shall get it done at contractor’s cost,
recoverable from contractor’s monies.
5 Contractor shall search any/every defects or conduct investigations as ordered by
Engineer and rectify all items accordingly, should that form part of contractor’s
scope in job, otherwise additional payment should be made to contractor
1 Contractor shall if required by Engineer in writing, search for cause of any/every

defect, imperfection or fault under directions of Engineer.
2 Unless such defects imperfection or fault be one, for which contractor is liable
under contract, cost of work carried out by contractor in searching as aforesaid
shall be borne by Government.
3 But if such defect, imperfection or fault be one, for which contractor is liable as
aforesaid, cost of work carried out in searching as aforesaid shall be borne by
contractor and he shall in such case repair, rectify and make good such defect,
imperfection or fault at his own expense in accordance with provisions of clause
hereof
Comments-
1 Refer to foregoing explanation in comments
Alterations additions and omissions

1 Engineer shall make any/every variation of form, quality of works or any/every
part thereof, that may in his opinion be necessary and for that purpose or if, for
any/every other reason, it shall in his opinion be desirable, engineer use
contractual power to order contractor to do and contractor shall do any/every
compliance of following
2 increase or decrease quantity of any/every work included in contract
3 omit any/every such work
4 change character or quality or kind of any/every such work
5 change levels, lines, positions and dimensions of any/every part of works and
6 execute additional work of any/every kind necessary for completion of works
7 And, no such variation shall in any/every way vitiate or invalidate contract, but
value (if any/whatever) of all such variations is to be taken into account in
ascertaining amount of contract price
8 No such variation shall be made by contractor, without an order in writing of
Engineer.
9 Provided also, if for any/every reason Engineer considers it desirable to give
any/every such order verbally, contractor shall comply with such order and
any/every confirmation in writing of such verbal order given by Engineer,
whether before or after carrying out of order is to be deemed to be an order in
writing within meaning of this clause.
10 Provided further if contractor confirms in writing to Engineer any/every verbal
order of Engineer and such confirmation is not contradicted in writing by
Engineer, it shall be deemed to be an order in writing by Engineer

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11 Engineer shall determine amount (if any/whatever) which in his opinion should be
added to or deducted from sum named in tender in respect of any/every extra or
additional work done or work omitted by his order.
12 All such work shall be valued at rates set out in contract if in opinion of Engineer
same can be applicable.
13 If contract does not contain any/every rates applicable to extra or additional work
then suitable prices shall be agreed upon between Engineer and contractor.
14 In event of disagreement, Engineer shall fix such prices as in his opinion be
reasonable and proper.
15 Provided that if nature or amount of any/every omission or addition, relative to
nature or amount of whole of contract work or to any/every part thereof, be such
that in opinion of Engineer, rate or price contained in contract for any/every item
of works is by reason of such omission or addition, rendered unreasonable or
inapplicable then a suitable rate of price shall be agreed upon between Engineer
and contractor.
16 In event of disagreement, Engineer has to fix such other rate or price as in his
opinion be reasonable and proper, having regard to circumstances.
17 Provided also, that no such increase of contract price under sub clause of this
clause or variation of rate or price under sub clause of this clause shall be made,
unless as soon after date of order as, is practicable and in case of extra or
additional work, before commencement of work as soon thereafter, as is
practicable, notice has been given in writing by contractor to Engineer of his
intention to claim extra payment or a varied rate or by Engineer to contractor of
his intention to vary a rate or price as case may be.
18 A variation order may provide that work done pursuant thereto, shall be executed
as day work.
19 Contractor shall then be paid for such work under conditions set out in day work
schedule included in Bill of Quantities and at rates/prices affixed thereto by him
in his tender
Comments-
1 On lump sum contracts, where contractor has to produce a functional job
irrespective of, whether bill of quantities or specification contradict.
2 To achieve goal of contract requirement of functional production, Engineer is
legally, authorized to order variations to design and alter quantities, for which
Engineer shall issue site instruction or Engineer’s instruction.
3 Contractor has a right to raise claim, for which proper notification shall be given
from either party.
4 Prices are to be fixed for added items, in case bill of quantities does not permit
that as a reasonable price. In case of unacceptable prices, day work should be
resorted to.
5 Claims details or at least intention with approximate magnitude must be included
within monthly valuation by quantity surveyor in agreement with site agent
Claims
1 Contractor shall send to Engineer, once in every month an account, giving
particulars (as full and as detailed as possible) pertinent all claims for any/every

Chapter 29
additional expense, to which contractor may consider himself entitled, which he
has executed during preceding month and no claim for payment for any/every
such work shall be considered, which has not been included in such particulars.
2 Provided always that Engineer shall be entitled to authorize payment to be made
for any/every such work, notwithstanding contractor’s failure to comply with this
condition, if contractor has at earliest practicable opportunity, notified Engineer
that he intends to make a claim for such work.
Comments-
1 On lump sum contracts, where contractor has to produce a functional job
irrespective of, whether bill of quantities or specification contradictions.
2 To achieve goal of contract requirement of functional production, Engineer is
legally, authorized to order variations, do design and alter quantities for
Engineer shall issue site instruction or Engineer’s instruction.
3 Contractor has a right to raise claim and for that proper notification shall be
given from either party.
4 Prices are to be fixed for added items, in case bill of quantities does not permit
that as a reasonable price.
5 In case of unacceptable prices, day work should be resorted to. claims details or
at least intention with approximate magnitude must be included within month
valuation by quantity surveyor in agreement with site agent
Plant temporary works and materials

1 For purpose of this clause expression “Constructional Plant” shall be deemed to
exclude vehicles engaged transporting any/every plant equipment or materials to
or from site
2 Expression “ Essential Hired Plant” shall mean all constructional Plant Temporary
works and materials for temporary works, withdrawal of which in event of a
forfeiture under clause hereof, might (having regard to methods of construction
employed prior to failure) endanger safety of, stability of or result in serious
disturbance to execution of any/every part of works and which are held by
contractor under certain agreement for hire thereof
3 Expression “Hired Plant” shall mean constructional plant temporary works and
materials for temporary works (other than essential hired plant) held by contractor
under certain agreement for hired thereof
4 Expression “agreement for hire” shall be deemed, not to include an agreement for
hire purchase
5 Expression “Hire purchase plant” shall mean any/every constructional plant
temporary works and materials for temporary works, held by contractor under an
agreement for hire purchase thereof
6 All constructional plant temporary works and materials owned by contractor or by
any/every company in which contractor has a controlling interest shall when
brought on to site (or in case of hire purchase plant on site on its becoming
property of contractor) immediately, be deemed to become property of
Government.
7 With a view to securing, in event of a forfeiture under clause hereof, continued
availability for purpose of executing works of any/every essential hired plant or

Chapter 29
hired plant, contractor shall not bring onsite any/every essential hired plant or
hired plant, unless agreement for hire thereof, contains a provision that owner
thereof, shall on request in writing made by Government within seven days, after
date on, which any/every such forfeiture has become effective and Government
undertaking to pay all hire charges in respect thereon from such date, hire such
essential hired plant or hired plant to Government on same terms in all respects as
was hired to contractor, save that Government shall be entitled to permit use
thereof, by any/every other contractor employed by him for purpose of
completing works under terms of said clause
8 In event of Government entering into any/every agreement for hire of essential
hired plant or hired plant pursuant to provisions of sub clause of this clause, all
sums properly paid by Government under provisions of any/every such agreement
and all expenses incurred by him (including stamp duties) in entering into such
agreement shall be deemed for purpose of clause hereof to be part of cost of
completing works.
9 Contractor shall upon request by Engineer at any/every time in relation to
any/every item of essential hired plant or hired plant forthwith, notify to Engineer
in writing name and address of owner thereof and shall certify that agreement for
hire thereof, contains a provision in accordance with requirements of sub clause
of this clause.
10 Contractor shall also, upon request as aforesaid, give a like notification (but
without certificate) in regard to any/every hire purchase plant.
11 Contractor shall also, upon request made by Engineer, provide Engineer with a
true copy of such agreements
12 Government shall in order to avoid seizure by owner of any/every essential hired
plant or hire purchase plant, be entitled to pay to such owner amount of any/every
overdue installment or other sum payable under any/every agreement relating to
such plant and in event of his doing so, any/every amount so paid by him shall be
a debt due from contractor to Government and may be deducted by Government
from any/every monies due or that may become due to contractor, under contract
or may be recovered by Government from contractor at Law.
13 No constructional plant temporary works or materials or any/every part thereof
shall be removed from site without written consent of Engineer, which consent is
not be unreasonably, withheld where same is no longer immediately, required for
purposes of completion of works, but Government shall permit contractor
exclusive use of all such constructional plants temporary works and materials in
and for completion of works, until occurrence of any/every event which gives
Government right to exclude contractor from site and proceed with completion of
works
14 Upon removal of any/every such constructional plant temporary works or
materials as have been deemed to become property of Government under sub
clause of this clause with consent as aforesaid, property therein shall re vest in
contractor and upon completion of works, property in remainder of such
constructional plant temporary works and materials as aforesaid shall subject to
provision of clause hereof re vest in contractor, who shall remove same together
with any/every essential hired plant, hired plant and hire purchase plant.

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15 If contractor fails to remove any/every constructional plant temporary works or
materials as aforesaid or any/every essential hired plant hired plant or hire
purchase plant, within such reasonable time, after completion of works as may be
allowed by Engineer then Government may sell any/every such constructional
plant temporary works and materials as aforesaid and return at contractor’s
expense to person firm or company, from whom any/every essential hired plant,
hired plant or hire purchase plant were sourced
16 And after deducting from proceeds of sale, costs charges and expenses of and in
connection with such sale and of and in connection with return as aforesaid shall
pay balance (if any/whatever) to contractor, but to extent that proceeds of
any/every sale are insufficient to meet all such costs charges and expenses, excess
shall be a debt due from contractor to Government and shall be deductible or
recoverable by Government accordingly as aforesaid
17 Government shall not at any time be liable for loss or injury to any of
constructional plant temporary works or materials, which have become property
of Government under sub clause of this clause, save as mentioned in clauses
hereof
18 Contractor shall when entering into any/every subcontract for execution of
any/every part of works, incorporate in such subcontract (by reference or
otherwise) provisions of this clause in relation to constructional plants temporary
works and materials essential hired plant, hired plant and hired purchase plant
brought onto site by subcontractor
Comments-
1 Plants are brought to site by contractor either owned by himself or essential hired
plant, hired plant or hire purchase plant, which having arrived on to site for
inclusion in works become part of work and should be exclusively, used for job
activities whenever required, but removable temporarily subject to Engineer’s
permission.
2 From whatever source, these plants temporary works are procured, must
incorporate condition in hired plant agreement that hire deal is transferable on
owner/ government on same terms and conditions in case contractor is excluded
from job due to whatever reason and government/owner shall act accordingly, as
if that were a contractor or permit a substitute contractor.
3 Contractor is not allowed to bring these plants to site, in case deal of hired plants
does not include this condition and Engineer is legal and contractual authority to
conduct this examination.
4 In case, this clause is operated fully, contractor shall be liable for all
consequences, whatsoever by application of this clause and this clause does not
imply material approval or rejection
1 Operation of clause hereof shall not be deemed to imply any/every approval by

Engineer of materials or other matters referred to therein nor shall it prevent
rejection of any/every such materials at anytime/ by Engineer
Comments-
1 As in above clause
Measurements

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1 Except as provided for under clause hereof, quantities set out in bills of quantities
are taken to be actual and correct quantities of works to be executed by contractor
in fulfillment of his obligations under contract.
2 Any error in or omission from Bill of Quantities shall not in any way, vitiate or
invalidate contract nor be grounds for adjusting contract price
Comments-
1 On lump sum itemized contracts, there is no major requirement to take actual
measurements of works carried out and bill of quantities generally, forms basis of
valuations, but in case of variations, measurements are to be taken jointly by
Engineer and contractor, for which Engineer notifies to contractor to either to
attend personally or depute some agent to exercise measurements take off, failing
which Engineer records quantities himself and that is considered/accepted final.
2 Engineer also, records works done monthly and in whatever forms, drawings are
recorded and a 14 day/s notice is given to contractor, which contractor must
examine and sign if agreed and if not, let that go for Engineer’s decision, in case
of disagreement if contractor notifies.
1 Engineer shall ascertain by ad-measurement or other means, value in accordance

with contract work done or omitted as provided for under clause hereof.
2 He shall when he requires any/every part or parts of works to be measured, give
notice to contractor’s authorized agent or representative, who has to forthwith
attend or send a qualified agent to assist Engineer or Engineer’s Representative in
making such measurement and furnish all particulars required by either of them.
3 Should contractor not attend or neglect or omit to send such agent then
measurement made by Engineer or approved by him shall be taken to be correct
measurement of work.
4 For purpose of measuring such permanent work as is to be measured by records
and drawings, Engineer’s Representative shall prepare records and drawings,
month by month of such works and contractor as and when, called upon to do so
in writing, has to within 14 days, attend to examine and agree such records and
drawings with Engineer’s Representative, sign same when so agreed, and if
contractor does not so attend to examine and agree any such records and
drawings, they shall be taken to be correct.
5 If after examination of such records and drawings, contractor does not agree
same or does not sign same as agreed, they shall nevertheless be taken to be
correct, unless contractor within 14 days of such examination lodges with
Engineer’s Representative for decision by Engineer, notice in writing of respects
in which, such records and drawings are claimed by him to be correct
6 In case of foundation works or where Engineer considers it necessary, contractor
shall before surface of any/every portion of ground is interfered with or work is
put in hand in conjunction with Engineer, shall examine site, plans and sections of
works and take such additional levels or other measurements, as may be necessary
and agree as to surface levels etc. with Engineer and form basis of measurement
of permanent works
Comments-

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1 A bills of quantities have been prepared generally, in accordance with standard

method of measurement work dated 28 Feb 1973 by director of Engineering
ministry of public works State of ……… but nothing contained in Bill of
Quantities shall override, modify or affect in any way whatsoever, application of
interpretation of that, which is contained in these conditions
2 Works shall be measured net, notwithstanding any/every general or local custom
except, where otherwise specifically, described or prescribed in contract
3 Note: delete either sub clause as case may be
4 In respect of all day work, contractor shall furnish to Engineer such receipts or
other vouchers, as may be necessary to prove amounts paid and before ordering
materials submit to Engineer quotations for same for his approval and during
continuance of such work, deliver each day to Engineer’s Representative an
extract list in duplicate of names, occupation and time of all workman employed
on such work as well as, a statement also, in duplicate showing description and
quantity of all materials and plants used thereon or thereof (other than plant,
which is included in percentage addition in accordance with schedule
hereinbefore referred to).
5 One copy of each list and statement shall if correct or when agreed, be signed by
Engineer’s Representative and returned to contractor.
6 At end of each month, contractor shall deliver to Engineer’s Representative, a
priced Statement of labour material and plant (except as aforesaid) used
7 Contractor shall not be entitled to any payment, unless all Lists and Statements
referred to in sub clause have been fully and punctually, rendered.
8 Provided always that if Engineer considers that for any/whatever reason, sending
of such List or Statement by contractor in accordance with foregoing provision
was impracticable, he shall nevertheless, be entitled to authorize payment for such
work either as day work (on being satisfied, as to time employed and plant and
materials used on such work) or at such value, as shall in his opinion be fair and
reasonable.
Comments-
1 Exercise of day work records is carried out by a responsible person as all details
are to be submitted to Engineer/Resident Engineer and contractor is
contractually, bound to provide all details as asked for by Engineer.
2 Contractor should also, submit a statement every month recording prices of
materials, plants and labour paid by him, which may form a basis for solving
many disputes arising out of contractor’s valuations
Provisional and prime cost sums

1 Every provisional sum (other than P C prices under sub clause of this clause
including sums arrived at by extending provisional quantities at tendered rates, set
out in Bill of Quantities (whether for work to be executed by contractor, which
has not been specified in detail, when contract is entered into or for work to be
executed by a nominated subcontractor as herein after defined) together with
charges and profits (if any/some), which contractor added to such sums, shall be
deducted from contract price and in lieu thereof, there shall be added to contract

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price, where work to which provisional sum relates, has been ordered by
Engineer and executed by contractor, value of work so executed valued in
accordance with clause hereof and where work to which provisional sum relates,
has been ordered by Engineer and executed by a nominated subcontractor (as
hereinafter defined), sum or sums actually paid (subject however to provisions of
sub clause hereof by contractor to such subcontractor on direction of Engineer and
(if contractor added to provisional sum, to which work relates any/every sums in
respect of charges and profits) a sum in same proportion to sum, so actually paid
as said charges and profits, bear to said provisional sum
2 Every sum in Bill of Quantities, which contains (either as whole or part of sum), a
prime cost (PC) price for goods or materials to be supplied for or for
incorporation into works shall be varied by substitutions for prime cost price of
actual price (subject however to provisions of sub clause hereof) paid by
contractor for goods or materials on direction of Engineer and contract price shall
be increased or decreased (as case may be) by amount, by which sum in Bill of
Quantities is increased or decreased by such substitution.
3 No variation shall be made to or in respect of any sum added for labourers to
prime cost price, on account of said actual price being greater or less than prime
cost concerned or (if none), as is inserted by contractor in forms of tender as
percentage for adjustment of prime cost sums
4 All sums, set out in Bill of Quantities, which are Stated to be provisional or for
contingencies, shall be used only, at direction and discretion of Engineer and if
not used, either wholly or in part, shall as to amount not used be deducted from
contract price
5 Contractor shall when required by Engineer, produce all quotations, invoices,
vouchers and accounts or receipts, in connection with expenditure in respect of
provisional or prime cost items
6 In so far as, any/every sum is paid by contractor to a nominated subcontractor (as
hereinafter defined), by Engineer under sub clause of this clause, before
contractor has received payment of that sum from employer, there shall for
purpose of adjusting contract price under sub clauses hereof (as case may be), be
added to actual sum paid by contractor as aforesaid, 2.5 percent of amount of such
actual payment and benefit of any/every cash discount allowed in respect thereof,
be passed to Government
7 In event of a nominated subcontractor (as hereinafter defined) having undertaken
towards contractor, in respect of work executed or goods or materials supplied by
nominated subcontractor any/every continuing obligation, extending for a period
exceeding that of period of maintenance under this contract, contractor shall at
any/every time after expiration of period of maintenance, assign to Government at
Government’s request and cost, benefit of such obligation for un-expired duration
thereof
Comments-
1 Whenever provisional and prime costs sums are included in contracts bill of
quantities, applicability of those comes/is ruled under direction of Engineer or
under some of special requirement for job.

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2 Provisional sum shall not be used if not required or substituted should there be
any variation in the actual construction cost, for which this sum has been
included.
3 Whenever contractor executes such work, variation shall go to his account/credit,
otherwise to nominated subcontractor if such may be case
1 Whenever there exists, a provision of prime cost sum for supply of goods or
materials, actual cost shall be substituted in place of prime cost including profit of
contractor, excluding labour cost profit.
2 All sums are used only, on Engineer’s direction and contractor has to produce all
financial records on this account to Engineer and also, 2.5% of amount paid, to
nominated subcontractor is added to credit of contractor and benefits of cash
discount are passed to owner/government.
3 Contractor shall assign cost of additional guarantee over maintenance period as
provided by nominated subcontractor to government/owner on government
request for un-expired period.
4 Whatever contract terms and conditions bind contractor or deemed to be
nominated subcontractor in all respects and construction of subcontract shall be
interpreted accordingly
5 All specialists merchants, tradesmen and others executing any/whatever work or
supplying any/whatever goods, for which provisional or prime cost sums are
included within Bill of Quantities, who may have been or be nominated or
selected or approved by Government or Engineer and all persons to whom by
virtue of provisions of Bill of Quantities or specification, contractor is required to
sublet any/every work, shall in execution of such work or supply of such goods,
be deemed to be subcontractors, employed by contractor and are hereinafter,
referred to as “nominated subcontractors”.
6 Provided always that contractor shall not be required by Government or
Engineer or be deemed to be under any/every obligation to employ any nominated
subcontractor, who declines to enter into a subcontract with contractor containing
provisions
7 That in respect of work or goods subject of subcontract, nominated subcontractor
shall undertake towards contractor, like obligations and liabilities as are imposed
upon contractor towards Government by terms of contract and save harmless and
indemnify contractor from and against same and from all claims, demands,
proceedings, damages, costs charges and expenses, whatsoever arising out of or in
connection therewith or arising out of or in connection with any/every failure to
perform such obligations or to fulfill such liabilities and
8 That nominated subcontractor shall save harmless and indemnify contractor from
and against any/every negligence by nominated subcontractor, his agents,
workmen and servants and from and against any/every misuse by him or them of
any/every constructional plant or temporary works, provided by contractor for
purpose of contract and from all claims as aforesaid
9 Before issuing under clause hereof, any/every certificate, which includes
any/every payment in respect of work done or goods supplied by any/every
nominated subcontractor, Engineer shall be entitled to demand from contractor,

Chapter 29
reasonable proof that all payments (less retentions), included in previous
certificates in respect of works or goods of such nominated subcontractors have
been paid or discharged by contractor in default whereof, unless contractor shall
inform Engineer in writing that he has reasonable cause for withholding or
refusing to make such payment and produce to Engineer reasonable proof that he
has so informed such nominated subcontractor in writing,
10 Government shall be entitled to pay to such nominated subcontractor direct upon
certificate of Engineer, all payments (less retention), which contractor has failed
to make to such nominated subcontractor and to deduct by way of setting off
amount so paid by Government from any/every sums due or which become due
from Government to contractor
11 Provided always that where Engineer has certified and Government has paid
direct as aforesaid, Engineer shall in issuing any/every further certificate in favour
of contractor, deduct from amount thereof, amount so paid direct as aforesaid, but
not withhold or delay issue of certificate itself, when due to be issued under terms
of contract
Comments-
Certificates and payments
1 Contractor shall submit to Engineer at end of each month, a Statement in form
approved by Engineer showing amounts to, which contractor may consider
himself entitled up to end of month in respect of
2 Estimated value in accordance with contract of permanent work executed on site
and forming part of works
3 Estimated value in accordance with contract of any/every materials on site for
permanent work supplied by contractor, but not yet incorporated on permanent
work
4 Payments on account of such items in Bill of Quantities not included
5 Any/every other sums or charges, to which contractor may consider himself under
terms of contract
6 Engineer shall after examining each monthly, issue an interim certificate to
Government with a copy to contractor certifying amount of payment to contractor,
which Engineer considers due and payable in accordance with terms of contract,
subject to deduction of percentage of retention, stated in tender, until amount so
retained reaches limit of retention money stated in tender, provided that Engineer
shall not issue an interim certificate if amount thereof, would be less than
minimum amount of interim certificates stated in tender, after deducting retention
money and any/every sums, which are due and payable to Government by
contractor in terms of contract
7 Upon issue of certificate of completion with respect to whole of works, one half
of retention money (or where a certificate of completion is issued with respect to
part of works, only such proportion of one half of retention funds, as Engineer
determines having regard to relative value of such part of works), which becomes
due and payable to contractor
8 Upon expiration of period of maintenance for whole of works, other half of
retention money shall become due and payable to contractor

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9 Provided that if at such time, there remains to be executed by contractor any/every
work ordered pursuant to clauses hereof in respect of whole or any/every part of
works, Government shall be entitled to withhold payment, until completion of
such work of so much of such half of retention money or such proportion thereof,
as case may be as may in opinion of Engineer, represent cost of work remaining
to be executed
10 Payment upon each of Engineer’s interim certificate shall be made by
Government within time stated in tender, after such certificate has been delivered
to Government to make payment within such time.
11 Government has to pay to contractor an interest at rate of ….. percent per annum
upon all overdue payments, from date on which same should have been made
12 Engineer may by any/every interim certificate make any/every correction or
modification in any/every previous certificate, which has been issued by him and
shall have power to withhold any/every interim certificate if works or any/every
part thereof, are not being carried out to his satisfaction
13 All payments shall be made in currency of ………..
14 Contractor shall apply terms of retention and release all retention monies on
nominated subcontractors accounts, in manner set forth in instructions given by
Engineer, under terms of clause
15 Such instructions shall be similar, to those set out in sub clause of this clause, but
related to terms of nominated subcontract in place of terms for this contract and
release of retention monies to nominated subcontractors shall not affect in
any/whatever way, terms for release of retention monies referred to in sub clause
of this clause
16 As soon as possible, after issue of certificate of completion for whole of works,
contractor shall submit to Engineer, a Statement of final account showing in
detail, in form approved by Engineer, value in accordance with contract of all
works executed, under contract.
17 Engineer shall after examining final account, certify to Government, amount of
payment, which Engineer considers due and payable in accordance with terms of
contract.
18 Government shall pay sum so certified within 28 days, after such certificate from
Engineer has been delivered to Government
Comments-
1 Monthly valuations of works carried out are submitted by contractor including
quantities of works, materials delivered to onsite and all other variations as
ordered by Engineer, to Engineer for verification and Engineer having examined
submitted statement, issue an interim certificate every month, retaining security
money as mentioned within contract/tender documents, which retention money is
deducted only, up to prescribed limits.
2 Engineer does not issue payment certificate in case, when payable money falls
short of minimum required claim.
3 Retention money has to be paid to contractor half at time, when practical
completion certificate is issued.

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4 Remaining half is released at time of issuing of maintenance certificate, provided
for some remedial actions as agreed, proportional amount representing estimated
expenditure towards that (rectification) is held by Engineer.
5 Amount for which interim certificate issued to owner/government under copy to
contractor should be released within time prescribed or else regulatory interest
has to be paid.
1 Contractor has to produce all final accounts statement at time of final completion,
when maintenance certificate is to be issued by Engineer and whatever amount is
certified has to be paid to contractor in 28 days.
2 That certificate is delivered to owner/government under copy to contractor
3 No certificate other than maintenance certificate referred to in clause hereof shall
be deemed to constitute approval of any work or other matter, in respect of which,
it is issued or shall be taken as an admission of due performance of contract or
any/every part thereof or of accuracy of any/every claim or demand, made by
contractor or of additional or varied work having been ordered by Engineer nor
shall any other certificate conclude or prejudice any of powers of Engineer
Comments-
1 Maintenance certificate is an authentic document, which contractually/legally
confirms that contract has been performed under Contracts Act.
2 Notwithstanding issue of maintenance certificate, all defects left without remedial
action, contractor has to rectify those defects under assumption that contract still
exists
1 Contract shall not be considered as completed, until a maintenance certificate has

been signed by Engineer and delivered to Government stating that works have
been completed and maintained to his satisfaction.
2 Maintenance certificate shall be given by Engineer twenty eight days (28days)
after expiration of period of maintenance (or if different periods of maintenance
shall become applicable to different parts of works expiration of latest such
period) or as soon thereafter, as any/every work/s ordered during such period,
pursuant to clauses hereof, shall have been completed to satisfaction of Engineer
and full effect be given to this clause, notwithstanding any/every previous entry
on works or taking possession working of using thereof or any/every part thereof
by Government
3 Provided always that issue of maintenance certificate shall not be a condition,
precedent to payment to contractor of second portion of retention money in
accordance with conditions set in clause hereof
4 Government shall not be liable to contractor for any matter or things arising out of
or in connection with contract or execution of works, unless contractor has made a
claim in writing in respect thereof, before giving of maintenance certificate under
this clause
5 Notwithstanding, issue of maintenance certificate, contractor and (subject to sub
clause of this clause ) Government shall remain liable for fulfillment of any/every
obligation incurred under provisions of contract, prior to issue of maintenance
certificate, which remains unperformed at time, such certificate is issued and for

Chapter 29
that purposes of determining nature and extent of any/every such obligation,
contract shall be deemed to remain in force between parties hereto
Comments-
Remedies and powers

1 If contractor becomes bankrupt or has a receiving order made against him or
presents his petition in bankruptcy or makes an arrangement with or assignment in
favour of his creditors or agrees to carry out contract under a committee of
inspection of his creditors or (being a corporation) go into liquidation (other than
a voluntary liquidation for purpose of amalgamation or reconstruction) or if
contractor assigns contract without consent in writing of Government first
obtained or has an execution levied on his goods or if Engineer certifies in writing
to Government that in his opinion contractor has abandoned contract or without
reasonable excuse, has failed to commence works or has suspended progress of
works for 28 days, after receiving from Engineer written notice to proceed or
2 has failed to remove materials from site or to pull down and replace works for 28
days, after receiving from Engineer written notice that said materials or work had
been condemned and rejected by Engineer under these conditions or is not
executing works in accordance with contract or is persistently or flagrantly,
neglecting to carry out his obligations under contract or has been to detriment of
good workmanship or in defiance of Engineer’s instructions to contrary sub let
any/every part of contract
3 Then Government may after giving 14 days notice in writing to contractor, enter
upon site, works and expel contractor therefrom, without thereby avoiding
contract or releasing contractor from any/every of his obligations or liabilities,
under contract or affecting rights and powers conferred on Government or
Engineer by contract and may himself complete works or may employ any/some
other contractor to complete works and Government or such other contractor may
use for such completion, so much of constructional plant temporary works and
materials, which have been deemed to become property of Government for
construction and completion of works, under provision of contract as he or they
may think proper and Government may at any/every time sell any/each of said
constructional plant temporary works and unused materials and apply proceeds of
sale in or towards satisfaction of any/every sums due or which may become due to
him from contractor under contract
4 Engineer shall as soon as, may be practicable, after any/every such entry and
expulsion by Government, fix and determine ex parte or by or after reference to
parties or after such investigation or inquiries, as he may think fit to make or
institute and certify, what amount (if any/each) had at time of such entry and
expulsion, been reasonably earned by or would reasonably accrue to contractor in
respect of work then actually, done by him under contract and what was value of
any/each of said unused or partially, used materials any/every constructional plant
and any/every temporary works
5 If Government enter and expel contractor under this clause, Government shall not
be liable to pay to contractor any money on account of contract, until expiration

Chapter 29
of period of maintenance and thereafter, until costs of completion and
maintenance, damages for delay in completion (if any/some) and all other
expenses incurred by Government, have been ascertained and amount thereof,
certified by Engineer.
6 Contractor shall then be entitled to receive only, such sum or sums (if any/some)
as Engineer may certify, would have been due to him upon due completion by
him, after deducting same amount of such excess and it shall be deemed a debit
due by contractor to Government and be recoverable accordingly
Comments-
1 What way Engineer/owner can remove difficulties, in case of contractor having
been given statutory bankrupt status by operation of law, which state necessitates/
requires contractually/statutorily, contract be abandoned by contractor if so
adjudged in opinion of Engineer, while non starter duration, which is
unreasonably long without Engineer’s permission, progress is suspended for
more than 28 days having received Engineer’s instruction to pull down and
replace works for 28 days as well as, does remove rejected material.
2 Does not carry out works according to specification persistently or flagrantly or
spoils workmanship and defies Engineer’s instruction continues or work is sublet
to any/other party without obtaining Engineer’s approval, owner/government
has/have to carry out work themselves or by employing another contractor at risk
and cost of original contractor.
3 Engineer shall take up valuation at time, when contractor is expelled and before
recommencement of job and notify amount to owner/government and contractor
and nothing can be taken off site by contractor.
4 Whatsoever amount is incurred by new management, shall be borne by expelled
contractor
1 If by reason of any/certain accident or failure or other event occurring to, in or in

connection with works or any/every part thereof, either during execution of works
or during period of maintenance, any/every remedial or other work or repair shall
in opinion of Engineer or Engineer’s Representative, be urgently necessary for
security and contractor is unable or unwilling at once, to do such work or repair,
Government may by its own or other workmen, do such work or repair as
Engineer or Engineer’s Representative may consider necessary
2 If work or repair so done by Government is work, which in opinion of Engineer,
contractor was liable to do at his own expense under contract, all costs and
charges properly, incurred by Government in so doing shall on demand be paid by
contractor to Government or may be by Government from any/every monies due
or which may become due to contractor.
3 Provided always that Engineer or Engineer’s Representative (as case may be),
shall as soon after occurrence of any/every such emergency as may be reasonably
practicable, notify contractor thereof in writing.
Comments-
1 All repairs, till maintenance period of, whatever nature or magnitude are to be
carried out shall be transacted to debit account of contractor and if for
operations of all above conditions, contractor has to deposit to

Chapter 29
owner/government any/certain amount that amount is considered legally as a
debt to contractor to be recovered by owner/government
Special risks
1 Notwithstanding anything in contract contained:
2 Contractor shall be under no liability, whatsoever by way of indemnity or
otherwise, for or in respect of destruction of or damage to works (save to work
condemned under provisions of clause hereof, prior to occurrence of any/every
special risk hereafter mentioned) or temporary works or to property, whether
Government or third parties or for or in respect of injury or loss of life, which is
consequence, whether direct or indirect, of war hostilities (whether war be
declared or not) invasion act of foreign enemies, rebellion revolution,
insurrection or military or usurped power civil war or (otherwise than among
contractor’s own employees), riot commotion or disorder (hereinafter
comprehensively, referred to as ‘ said special risks’) and Government shall
indemnify and save harmless contractor against and from same, against and from
all claims, demands, proceedings, damages, costs charges and expenses,
whatsoever arising thereout or in connection therewith and shall compensate
contractor for any/every loss of or damage to property of contractor used or
intended to be used for purpose of works (including property in transit to site) and
occasioned either directly or indirectly by said special risks.
3 For purpose of this clause expression "property of contractor” shall include
any/every plant brought on to site by contractor, property in which under terms of
clause hereof is deemed to become property of Government
4 If works or temporary works or any/every materials (whether for former or later)
on or near or in transit to site, sustains destruction or damage by reason of
any/each of said special risks, contractor shall nevertheless be entitled to payment
for any/every permanent work and for any/every materials so destroyed or
damaged and contractor be entitled to be paid by Government, cost of making
good any/every such destruction or damage, whether to works or to temporary
works and of replacing or making good such materials in so far as, may be
required by Engineer or as may be necessary for completion of works on a prime
costs basis plus such profit as Engineer may certify to be reasonable.
5 Destruction, damage, injury or loss of life caused by expulsion or impact,
wherever occurring of any/every mine bomb, shell, grenade or other projectile,
missile or explosive of war shall be deemed to be consequence of said special
risks
6 Government shall repay to contractor any/every increased cost of or incidental to
execution of works (other than such as may be attributable to cost of
reconstructing work, condemned under provisions of clause hereof, prior to
occurrence of any/every special risk), which is however, attributable to or
consequent on or result of or in any/every way, whatsoever connected with said
special risks (subject however to provisions in this clause, hereinafter contained in
regard to outbreak of war), but contractor shall as soon as any/every such increase
of cost comes to his knowledge forthwith, notify Engineer thereof in writing

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7 If during currency of contract, there shall be an outbreak of war (whether or not
war is declared) in any/whatever part of world, which whether financially or
otherwise, materially affects execution of works, contractor shall unless and until
contract is terminated under provisions in this clause contained, use his best
endeavors to complete execution of works, provided always that Government is
entitled at any/every time, after such outbreak of war to terminate this contract, by
giving notice in writing to contractor and upon such notice being given, this
contract shall (save as to rights of parties under this clause and to operation of
clause hereof) terminate, but without prejudice to rights of either party in respect
of any/every antecedent breach thereof.
8 If contract is terminated under provisions of last preceding sub clause, contractor
shall with all reasonable dispatch, remove from site all constructional plant and
give similar facilities to his subcontractors to remove similarly, all constructional
plant belonging to them and in event of any/certain failure so to do, Government
shall have like powers as are contained in clause hereof in regard to failure so to
do, Government shall have like powers, as are contained in clause hereof, in
regard to failure to remove construction plant on completion of works, but subject
to same condition, as is contained in clause hereof
9 If contract is terminated as aforesaid, contractor shall be paid by Government (in
so far as, such amounts or items shall not have already been covered by payments
on account made to contractor) for all work executed, prior to date of termination
at rates and prices provided in contract and in addition, amounts payable in
respect of any/every preliminary items, so far as work or service comprised
therein, has been carried out or performed and a proper proportion as certified by
Engineer of any/every such items, work or service comprised in which has been
partially, carried out or performed
10 Cost of materials or goods reasonably, ordered for works or temporary works,
which shall have been delivered to contractor or of which contractor is legally,
liable to accept delivery (such materials or goods becoming property of
Government, upon such payment being made by him)
11 A sum to be certified by Engineer being amount of any/every expenditure
reasonably incurred by contractor in expectation of completing whole of works in
so far as, such expenditure shall not have been covered by payments in this sub
clause before mentioned
12 Any additional sum payable under provisions of sub clauses of this clause
13 Reasonable cost of removal under sub clause of this clause and (if required by
contractor), return thereof to contractor’s main plant yard or to any/every other
destination at no greater cost
14 Reasonable cost of repatriation of all contractor’s staff and workmen employed on
or in connection with works at time of such termination
15 Provided always that against any/every payments due from Government under
this sub clause, Government shall be entitled to be credited with any/every
outstanding balances, due from contractor for advance, in respect of plant and
materials and any/every sum previously, paid by Government to contractor in
respect of execution of works
Comments-

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1 Due to outbreak of war or some other natural hazards, which are
unexpected/unforeseen, contractor, is not liable for anything, but
government/owner shall have to compensate contractor for various damages
caused by such risks.
2 Should government terminate contract due to indirect effect of wars from a
foreign source, contractor has to be duly compensated for all contractor losses
including reasonable expectations
Frustration
1 In event of contact being frustrated, whether by war or otherwise howsoever, sum
payable by Government to contractor in respect of work executed shall be same as
that, which would have been payable under clause hereof, if contract had been
terminated under provisions of clause hereof
Comments-
Settlement of disputes
1 If any/every dispute or difference of any/every kind, whatsoever arises between
Government or Engineer and contractor in connection with or arising out of
contract or carrying out of works (whether during progress of works or after their
completion and whether before or after termination, abandonment or breach of
contract), it shall in first place be refereed to and settled by Engineer, who within
a period of 90 days, after being requested by either party to do so, shall give
written notice of his decision to Government and contractor.
2 Save as hereinafter provided, such decision in respect of every matter so referred
shall be final and binding upon Government and contractor, until completion of
work and shall forthwith be given effect to by contractor, who has to proceed with
works with all due diligence, whether he or Government required arbitration as
hereinafter provided or not.
3 If Engineer has given written notice of his decision to Government and contractor
and no claim to arbitration, has been communicated to him by either Government
or contractor, within a period of 90 days from receipt of such notice, said decision
shall remain final and binding upon Government and contractor.
4 If Engineer fails to give notice of his decision as aforesaid within a period of 90
days, after being requested as aforesaid or if Government or contractor be
dissatisfied with any/every such decision then and in any/every such case, either
Government or contractor may within 90 days, after receiving notice of such
decision or within 90 days, after expiration of first named period of 90 days (as
case may be), require that matter or matters in dispute be refereed to arbitration as
hereinafter provided.
5 All disputes or differences in respect of, which decision (if any/every) of Engineer
has not become final and binding as aforesaid, shall be finally settled under rules
of conciliation and arbitration of International Chamber of Commerce by one or
more arbitrators appointed in accordance with said rules.
6 Said arbitrator/s shall have full power to open up, review and revise any/every
decision, opinion, direction, certificate or valuation of Engineer and neither party

Chapter 29
should be limited in proceedings, before such arbitrator/s to evidence or
arguments, put before Engineer for purpose of obtaining his said decision.
7 No decision given by Engineer in accordance with foregoing provisions shall
disqualify him for being called as a witness and giving evidence before
arbitrator/s on any/every matter, whatsoever relevant to dispute or difference
referred to arbitrator/s as aforesaid.
8 Arbitrator/s shall not enter on reference, until after completion or alleged
completion of works, unless written consent of Government and contractor
provided always
9 That such reference may be opened, before such completion or alleged
completion in respect of withholding by Engineer of any/whatever certificate or
withholding of any/whatever portion of retention money to which contractor
claims in accordance with condition set out in clause hereof to be entitled or in
respect of exercise of Engineer’s power to give a certificate under clause hereof
10 That giving of a certificate of completion under clause hereof shall not be a
condition precedent to opening of any/every such reference
Comments-
1 It is better if disputes are settled on site by authorities of Engineer, while
arbitration proceeding is avoided.
2 But if contractor or owner/government feel that Engineer has not decided
impartially or decision is not based on equity or judicial principles.
3 Having contract been performed, reference to Arbitration Act or Rules of
Conciliation and Arbitration of International Chamber of Commerce shall persist
and remedy shall be obtained
Notices
1 Any notice to be given to contractor under terms of contract shall be served by
sending same by post to or leaving same at aforementioned registered address in
………
2 Any notice to be given to Government house P O Box ………………………….
3 Any notice given to Engineer under terms of contract shall be served by sending
same by post to or leaving same at Engineer’s Representative’s office at site or at
Engineer’s office in ……………….
Comments-
1 It proved services’ style of notices
Default of employer
1 In event of Government:
2 Failing to pay to contractor, whatever amount due under any/every certificate of
Engineer within 30 days, after same shall have become due under terms of
contract or
3 Interfering with or obstructing issue of any/every such certificate,
4 Contractor shall be entitled without prejudice to any/every other right or remedies
to terminate employment of contractor, under contract by giving notice in writing
to Government

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5 Upon giving of such notice, contractor shall (notwithstanding provisions of clause
hereof) with all reasonable dispatch, remove from site, all constructional plant
brought by him thereon
6 In event of such termination, Government shall be under same obligations to
contractor in regard to payment, as if contract had been terminated under
provisions of clause hereof, but in addition to payments specified in clause,
Government has to pay to contractor amount of any/every loss or damage to
contractor, arising out of or in connection with or by consequence of such
termination
7 Nothing in this clause contained, shall prejudice right of contractor to exercise in
lieu of or in addition to rights and remedies in this clause, specified any/every
other rights or remedies, to which contractor may be entitled
Comments-
1 Provides rights conferred on contractor pertaining to payment of interim
certificates and others to be made in 30 days and there should be no obstructions
directly or indirectly, caused by government or owner to Engineer to delay or
obstruct to issue any certificate of payment and if so, payment stoppage should be
conducted by serving on contractor a due notice, contractor may terminate job
contract and enjoy all rights as if contract was terminated by owner or
government
Increase or decrease of costs

1 If after date of tender, any/certain new Statute ,Ordinance, Law or Regulation or
Bye Law be introduced by Government of ….. and compulsorily, applicable to
this contract and this thereby, causes an increase or decrease of cost to
contractor, in carrying out contract in respect of wages, rates paid by him to his
employees, together with any/every adjustment in social welfare taxes applicable
thereto then net increase or decrease of such cost shall be added to or deducted
from contract price as case may be
2 No adjustment of contract price shall be made in respect of any/every variation in
rates of pay, which contractor may arrange with his employees excepting only,
where such variations are necessitated, pursuant to a condition arising in terms of
preceding of this sub clause
3 No variation to contract price shall be allowed in respect of changes in personal
income tax paid by contractor’s local employees
4 In determining amount of any/every increase or decrease of contract price,
pursuant to this clause, no account shall be taken of any/every site or general
overheads or profits related to this contract
5 Contractor shall as soon as known by him, give immediate written notification to
Engineer of any/every happening or event, which may give rise to adjustment of
contract price, pursuant to this clause.
6 Contractor shall keep such books, accounts, time sheets and other documents and
records, as are necessary to enable adjustment, under this clause to be made and at
request of Engineer, furnish these, duly verified in such a manner as Engineer
may require for examination and checking

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7 Amount of any/every adjustment to contract price, pursuant to this clause shall be
determined by Engineer in accordance with foregoing rules
8 Unless Government and contractor otherwise agree, any/every increase or
decrease of this contract price as aforesaid shall be included in interim payments
on account made to contractor, under terms of clause hereof
9 Provisions to like effect as those contained in sub clause of this clause shall be
incorporated in subcontracts and if price payable under any/every subcontract
differs from price in that subcontract, by reason of operation of such provisions
then net increase or decrease of price shall be added to or deducted from contract
price as case may be
Comments-
1 Provides for additional payment made or a recovery effected to, in case increase
or decrease in respect of wages paid to employees by statutory enactment and
Engineer has a right to examine all documents
Other conditions
1 Contractor shall comply with Statute, Ordinances, Laws, Regulations and Bye
Laws of nation.
2 He shall be responsible for ascertaining extent and incidence of all taxes, customs,
rates, dues and all other charges, payable in accordance with such Statutes,
Ordinances, Laws, Regulations and Bye Laws and shall give all notice in
compliance therewith
3 Contractor shall be held to have included in tender for payment of all charges of
whatsoever nature required to be paid in order to comply with in all respects with
provisions of contract and aforementioned Statutes, Ordinances, Laws,
Regulations and
4 Bye Laws
Comments-
1 Provides for all expenses towards complying with statutes relevant to contract
should be met by contractor
1 Constructional plant temporary works, materials, transport and things of every

kind necessary for construction, completion and maintenance of works shall be
erected in such positions and used or executed at such times and in such a manner,
as is indicated in programme to be provided by contractor, under terms of clause
of these conditions of contract or any/every subsequent modifications to such
programme, agreed by Engineer and as are most efficient and suitable for proper
timely and safe execution of works to be undertaken under this contract
2 Contractor shall be solely, responsible for provision, sufficiency, safety and all
other risks and costs of all aforesaid construction plant temporary works,
materials ,transport and things of every kind and for methods adopted by him for
proper execution of works in accordance with contract
3 Contractor shall at his own expense, unless otherwise specified, make all his own
arrangements for supply and distribution of water, fuel, light and power to all
points, where they are required for all operations, under contract and for this
purpose, he shall provide and use all necessary constructional plant temporary

Chapter 29
works, transport materials and things of every kind, necessary to supply and
distribute supplies to various parts of works including also, for a satisfactory
supply of water to offices, camps, latrines and other temporary buildings,
requiring it and a sufficient supply of drinking water of good quality for his
employees
4 Contractor shall take all risks from water, whatever source or cause may be and at
his own expense, unless otherwise specified so, properly deal with and dispose of
water by use of sufficient constructional plant temporary works, materials
transport and things of every kind, as to ensure whole of works being executed in
a satisfactory dry and safe manner in accordance with requirements of contract
5 Contractor shall at his own expense, unless otherwise specified, provide and
maintain all necessary temporary bridging, gangways, ladders, staging, railways,
roads and footpaths to and about site of works, as may be necessary for
construction and completion of works or transport of labour, plant and materials.
6 All of before mentioned works, which may be constructed and in use for works
generally, shall be available without charge for a reasonable use of Government,
Engineer and other contractors, employed by Government on site
7 Contractor shall obtain his own information with regard to granting of import and
export licenses.
8 Contractor shall bear expense of and obtain all import and export licenses for
constructional plant materials, equipment and other things, required for
completion and maintenance of works and be deemed to have satisfied himself
with regard to all his liabilities under Statutes, Ordinances, Laws, Regulations and
Bye Laws governing granting of these licenses
9 Contractor shall ensure that applications for import and export licenses are
submitted to appropriate Authorities in sufficient time, to clear all formalities,
before licenses are required
Comments-
1 Plants be positioned as agreed and planned. Safety has to be maintained as
statutorily, required and directed by Engineer and safety officer/managers.
2 All arrangements of water and fuel, contractor has to make, disposal of water
and keeping works area tidy to be used by all portions.
3 Import and export information, all form part of contractor’s responsibilities
1 Contractor shall treat details of this contract as private and confidential (save in so
far as, may be necessary for purposes hereof) and not publish or disclose same or
any/certain particulars thereof in any/whatever trade or technical paper or
elsewhere, without previous consent in writing of Government.
2 If any/certain dispute arises, as to necessity of any/some publication or disclosure
for purpose of this contract, same shall be referred to decision of Government,
whose award shall be final
Comments-
1 No details of contract to be given to irrelevant persons, since details are
confidential and covered under Copy Rights Acts.
2 Though, it is written in contract that permission of government should be taken
prior to publish any/every details in papers, but world government is a misnomer.

Chapter 29
3 It is Engineer, who enjoys Copy Right ownership and as far as, technicalities and
Engineering is concerned, he is responsible for owning Copyright
1 Government shall be entitled to cancel contract and recover from amount of

any/every loss resulting from such cancellation, if contractor has offered or given
or agreed to give to any/some person, any/some bribe, gift, commission of
any/some kind as an inducement or reward for doing or forbearing to do or having
done or forborne to do any/every action, in relation to obtaining or execution of
contract or any/every other contract with Government or for showing or
forbearing to show favour or disfavour to any/every person, in relation to contract
or any/some other contract with Government
Comments-
1 Bribery and corruption can lead to termination of contract
1 Contractor shall be bound strictly, to comply with Rules, Regulations and Laws in
force in state, where contract is executed relating to any/every particular
restriction pertaining to any/every national policy
Comments-
1 It is a special clause for Arab world to boycott of Israel for example
1 Contract shall be construed and operated and interpreted in accordance with Laws
of state, where contract is executed normally
Comments-
1 Law of nation, where job is carried out applies
2 Other than above clause, general clauses, some of other conditions and terms
may be added by engineer or promoter or contractor, keeping in view requirement
of project and specific function for what, contract is meant for, provided all
parties come to an agreement on proposal, keep up or maintenance, resolution of
probable difficulties and necessary remedial measures to be adopted, foreseeing
any/every dispute cause by inclusion of these additional provisions
3 As far as, above conditions do not contravene provisions in national constitution
and statutes in force for duration for, which contract remains in force, no clause
shall be considered void.
4 Above prescribed references shall be construed by any/every court or relevant
authority or any/every authorized official of government or an expert of any/every
field for purpose to determination of meaning of included provisions, basic
principle to have found these clauses is to document on a’ letter for explanations’
for conditions of contract that shall be based on specific requirement of project
and natural justice as far as, is practicable for all parties to contract concerned
5 According to Contract Act, no restriction or limitation is provided or forced on
parties concerned, subject to conditions included in clauses hereof are
maintained for structuring of contract conditions/letter of explanations and
construction of any/every clause, has to be reached by applying mind, based on
General Clauses Act, specified in constitution or if no such General Clauses Act
prevails, application of general meaning of words and phrases usually employed,
by common practice in profession based on expert advice and vision by authority

Chapter 29
responsible for adjudication of disputes, arbitrator, justice of high court or justice
of supreme court as case may be , is to be required what parties might have
thought at time of constructing contract conditions, in relevance to true intention
of project meant for giving just and equal right and opportunities to parties
concerned, so that principles of equity are maintained in all respects.

29-Conditions of Contracts Pre FIDIC

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29-Conditions of Contracts Pre FIDIC

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Buildings Practice Facilities Plants/Petrochemicals

a 'Government’ means Government of State of………….. , who has called for

a ‘Engineer’ means Director of Engineering, Ministry of Public Works, Engineering

Page 1 of 54 2012 Int. P Eng Suraj Singh

a ‘Engineer’s Representative’ means a Resident Engineer, who can also, be an

a ‘Contract’ means all documents, such as conditions of Contract Specifications,

a ‘Construction Plant’ means all appliances or things of whatsoever nature, required

Page 2 of 54 2012 Int. P Eng Suraj Singh

a ‘Approved’ means approved in writing including subsequent written confirmation

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If Contractor be dissatisfied by reason of a decision of Engineer’s Representative, it is

Assignment and sub letting

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1 Except if and to extent otherwise provided by contract, provisions of these

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1 Contractor shall within 28 days from notification of acceptance of its Tender,

1 Contractor shall be deemed to have satisfied itself, before tendering as to

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1 Save in so far as, it is legally or physically impossible, contractor shall execute

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1 If at any/sometime during execution of works, Engineer requires contractor to

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1 From commencement to completion of works, contractor shall take full

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1 Contractor shall (except of and so far as specification provides otherwise)

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1 Before commencing execution of works, contractor (but without limiting his

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1 Government shall not be liable for or in respect of any/every damages or

1 Contractor shall insure against, such liability with an insurer, approved by

1 If contractor fails to effect and keep in force insurance, referred to in relevant

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1 Contractor shall conform in all respects with provisions of any/respective Statute,

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1 Contractor shall use every reasonable means to prevent any/every of highways or

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1 Should it be found necessary for contractor to move one or more loads of

1 If during carrying out works or at any/every time, thereafter contractor receives

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1 Rates of pay to labour together with working conditions to be observed in terms

1 Contractors and subcontractors shall recognize freedom of their labour to be

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1 Importance of labour and personnel shall be subject to Statutes, Ordinance, Laws,

1 Contractor shall not, otherwise than permitted in accordance with Government

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1 Contractor shall be required to provide, maintain and remove, on completion of

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1 Without prejudice to generality, of definition of temporary works in clause of

1 Contractor shall, if required by Engineer, deliver to engineer’s representative or at

Materials and workmanship

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1 Contractor shall on written order of Engineer, suspend progress of works or

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Commencement time and delays

1 Save in so far as contract may prescribe, extent of portions of site, of which

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1 Subject to any/every requirement in specification, as to completion of any/every

1 Should amount of extra or additional work of any/every kind or other special