Beruflich Dokumente
Kultur Dokumente
Cl.1.9 Drawings Cl.2.1 Site Cl.4.7 Setting Out Cl.4.12 Unforeseeable Cl.4.24 Fossils Cl.7.4 Testing Cl.8.4 EoT Cl.8.4 Adverse Climatic Conditions Cl.13.7 Legislation Cl.13.8 Changes in Cost Cl.14.8 Delayed payments Cl.19.4 Force Majeure
Employer s Risks
Right of Access - Cl 2.1 Provision of Specifications Cl 1.8 Supply of Drawings Cl 1.9
Contractor s obligations
Performance Security Cl 4.2 Consent for sub-contractors Commencement of sub-contract wks Compliance with applicable laws, etc prior to Commencement
Employer s obligations
Obtaining planning, zoning etc permits for the Permanent Works Cl 1.13 Ensuring that the Contractor will have right of access to and possession of all parts of the Site
Commencement Date to + 28
Employer s Actions
Right of access & possession Cl 2.1 Ensuring Employer s personnel are aware of responsibilities Cl 2.3 Preparing evidence of Employer s financial arrangements Cl 2.4 Provision of copies of the Contract and Drawings Cl 1.8 & 1.9
Engineer s Responsibilities
Advising Contractor of Engineer s Authority and Delegations Cl 3.2 Ensuring assistants are suitably qualified Providing reference survey points, lines and necessary data Cl 4.7
Contractor s Responsibilities
General obligations adequacy, stability & safety Cl 4.1 Provide Performance Security prior to access to Site Cl 4.2
Submit name of Contractor s Representative for consent Cl 4.3 Give notice of any delegation of CR s responsibilities Obtain consent for sub-contractors not named in Contract Cl 4.4 Give notice of commencement of sub-contract work Provide details of suppliers not named in Contract (see Cl 4.16) Make objections to any Nominated Sub-contractors who the Contractor does not wish to employ Submit detailed time programme within 28 days of receipt of the notice to commence Cl 8.3 Give notice of probable future events or circumstances which may increase price or delay completion Confirm working hours Cl 6.5 Site health & safety facilities Cl 6.7 Appoint Accident Prevention Officer
RESPONSIBILITIES
Employer
Cl.2 Provides Access to the Site (not access & other areas Cl.14.15 & 14.23) Assists Contractor with Permits Financial Arrangements See Variations & Cl.16.1 Suspension (strike out??) Notice of Claims
Appoints the Engineer Cl.3.1 Cl.14.7 make Payments !! Cl.20.2 appointment of DAB members
Engineer
Exercises stated authority Employer s Approval Particular Conditions When he exercises specific authority deemed to have Employer s approval Acts for Employer Cl.3 Cl.3 Delegation except Cl.3.5 Instructions in writing Oral confirmation by contractor written Employer undertakes not to impose further constraints (Breach of Contract) No authority to amend contract Acts for Employer No authority to relieve the parties of duties or obligations etc. Cl.3.5 Fair Determination
Employer instructions to Engineer Determination Consult agreement fair determination Give notice Give effect unless Cl.20
Cl.4.1 Method Statements Cl.8.1 Give Commencement Notice Cl.8.6 Rate of Progress Cl.12.1 Measurement Cl.13.1 Variations Cl.14.6 Interim Payment Certificates Cl.20.1 Records / Determination
Contractor
Cl.4 Execute & Complete the Works Cl.8.1 due expedition & without delay Adequacy & safety Method Statement Fit for purpose Performance Bond Engineer s Approval of Representative May delegate Fluent in language Sub Contractor approval
Setting Out to lines & levels of Engineer Quality Assurance Details in Specification
Site data Costs included Risk Inspections All relevant data obligation Care in Tender failure to provide
Sufficiency of Contract Amount Unforeseeable Physical Conditions Excludes climatic conditions Cl.8.4 & 17.3h Extension of time Payment of cost (see Cl.1.1.4.3 includes off site) No profit (as a general rule not included where risk is not the fault of either party) Transport to site Protection of the Environment Emissions Surface discharges Effluent Local Law
Progress Report Monthly 6 copies See also (Cl.4.9 procedures) and: Cl. 6.7 Accident Records
Cl. 6.10 Personnel Cl.14.3 Application for payment Cl.20.1 Contemporary records
Progress Report: Charts Photographs Manufacturing report Personnel QA documents Claims Cl.2.5 & 20.1 Safety statistics Progress
Tests on Completion Cl.9.1 Value Engineering Cl.13.3 Application for Payment Cl.14.3 Contemporary records Cl.20.1 Nominated Subcontractors Clause 5 Applies to Subcontractors and suppliers nominated by Employer or as instructed by the Engineer under Cl.13 Payment Cl.5.3 Grounds to object Cl.5.2 Reasonable Objection Supporting details Lack of competence, recourses, financial strength
Lack of indemnity Lack of obligations and liability Staff & Labour Clause 6 Engagement of Staff & Labour Payment, housing feeding & transport Cl.8.4d & 13.7
Rates of pay & conditions NO Poaching !! (Cl.6.3 Labour Laws (including immigration) Working Hours (days of rest) Facilities (including Employer s Personnel) Health & Safety Medical staff & facilities Accident prevention officer Records
Cl.4.3 Contractor s Representative Cl.6.8 Superintendence (Language) Personnel qualified, skilled, experienced Records monthly (cl.4.9 procedures Plant Materials & Workmanship Cl.7 Execution of works as specified Recognised good practice Proper facilities Non hazardous materials
Samples
Inspection: Access to locations of natural materials Place of manufacture Provide access, facilities, permissions, safety equipment Give notice and provide opportunity Testing may proceed after notice Delay claim Test Reports & Certificates
Rejection Retest costs Cl.2.5 Remedial works Ownership of Plant & Materials Local law When delivered When contractor entitled to payment under Cl.8.10 (suspension)
Royalties
COMPLETION
Cl.8.2 Fundamental obligation to complete within Time for Completion Includes all of Works Includes all tests See Cl.10.1
PROGRAMME
Programme of Works Cl.8.3 Within 28 days Specific requirements of programme Methods of execution Details of personnel & equipment
Engineer does not approve (21 days) Employer may rely on programme Specific, Probable, Future events Revisions to programme Monthly progress charts Engineer may request a revised programme
Extension of Time
Contractor SHALL be entitled Not dependant upon further decision
Cl.20.1
If no extension then time at large Variation Sub Clause giving delay Exceptionally adverse climatic conditions Unforeseeable shortages personnel & goods Employer s delay
Cl.3.5 Engineer s Determination Cl.20.1 & 3.5 give time limits to Engineer to Determine or Cl.13 shall not be unreasonably withheld or delayed Delays by authorities
Rate of Progress
Engineer may instruct submission of revised programme Contractor to proceed with due expedition and without delay Delay Damages Failure to complete by due date Delay damages Limit of damages
Tests on Completion
Cl.9 Contractor shall give 21 days notice Tests carried out within 14 days of notice Certified report
Delayed tests Employer Cl.7.4 or 10.3 apply Contractor to complete 21 days after notice
Responsibilities under the Contract: Before Taking Over After Taking Over
Before Taking Over: Take over on Completion Tests on Completion Contractor s request for TO Certificate
Cl.10.1 The Employer SHALL take over when: Works completed Tests completed TO certificate issued
Contractor may apply for TOC within 14 days of Works being complete Sectional Completion Engineer may Issue TOC Reject application giving reasons
Failure of Engineer to issue TOC or reject Within 28 days TOC deemed to be issued
Sectional Taking Over Tests Cost due to STO Delay Damages reduced after STO Certificate issued Reduction in ratio of value of STO Works No difference to maximum damages
Reinstatement of ground or surface Taking Over Certificate Appendix listing all minor defects Listing all works yet to be carried out
Contractor responsible to carry out repairs before end of Defects Notification Period
Defects Liability
Cl.11 Provides procedures and responsibilities under the Defects Notification Period Works are accepted by Engineer on the issuance of Performance Certificate
Works & Documents completed Fair wear & tear accepted Complete all o/s work in TOC Remedy defects & damage notified by the end of the DNP
Remedy works at Contractor s cost Extension to DNP Max 2 years, or Suspension Cl.8.8 or 16.1
Failure to Remedy
Reasonable notice Carry out work himself or by others Contractor has no responsibility Reduction in Contract Price Recover all sums paid & costs
Performance Certificate
Performance Certificate Contractor s obligations complete Engineer to issue Date Issue within 28 days of DNP expiry After submission of all documentation All tests complete All remedying works complete
Constitutes Acceptance of Works Liability for fulfilment of obligations Removal of equipment, rubbish etc Contractor may be liable for latent defects
New rates may be determined Qty changed more than 25% Variation Not specified No appropriate rate Reasonable Cost & Profit Cl.12.4 Compensation Cl.13.3 Determinations Means of measurement may be necessary Payment schedule linked to milestones Cl.14.4
Variations
Cl.13.1 Engineer has the right to vary Prior to issue of TO certificate List of variation inclusions
Variation Procedure Engineer requests proposal from Contractor Contractor responds with: Description Programme Evaluation Work proceeds without delay
Final Payment 84 days Aid funding requires: Authority approval Timing Variations Routine audit checks Time to transfer funds Advance notice of change
Cl.14 requires prompt action within time constraints Finance costs will lead to claims
Alter Cl.14 by Particular Conditions to suit funding authority Financial planning: Check estimates & budgets Prepare draft payment schedules Update estimates & programme Check funding Cl.14.4 estimates each 90 days
Budget Forecast
Engineer prepares for Employer Regular intervals Updated budget Report of changes
Data for report: Cl.2.4, 2.5, 3.5, 4.21, 8.3, 13.1, 13.3, 14.3, 13.8, 14.3, 14.6, 20.1, 20.4
Advance Payment
Cl.14.2 Advance payment Interest free loan for mobilisation Guarantee Application Cl.14.3 Performance Security approved by Employer Repayment Commence after when certificates >10% Deductions 25% of each Certificate
Interim Payment
Cl.14.3 Application 6 copies In a form approved (Cl.4.9)
Cl.14.4 Schedule of payments: Payment dates not recommended Engineer determination Cl.3.5 Cross guarantees Milestones preferred
Cl.14.6 Issue of IPC Engineer determines FAIRLY IPC SHALL not be withheld
Cl.14.7 Payment IPC paid within 56 days after Engineer receives Statement
Non Payment
Cl.16.1 Suspension Engineer fails to certify Employer does not provide Cl.2.4 details Non payment 21 days notice
Cl.16.2 Termination
Insurance
Cl.18 Employer to approve insurers Agreed terms Currency Payments to be used to rectify loss Cl.18.3 Appendix minimum amount
Force Majeure
Basic Principles: Exceptional event Not reasonably provided against Not reasonable to overcome / avoid Not attributable to either party Beyond control of affected party
Cl.19.4 Consequences EoT Man made cost Man made in country cost Cl.19.6 Termination
Cl.20.1 continuing procedure After 42 days: o o o Claim submission is considered interim Further monthly claims Final claim with 28 days of end of effects
Engineer s Response: o o o Within 42 days of receiving claim Approval / Disapproval Detailed comments
May ask for further details Proceed with Cl.3.5 May certify interim sums
Engineer proceeds with Cl.3.5 Contractor can dispute if dissatisfied Engineer s determination applied to Certificate of Payment
CONTEMPORARY RECORDS
Crucial for determination of claim Records for any future dispute Contractor obliged to keep records Procedure for this work Employer & Engineer to agree Engineer s actions