Condition Of Contract

4. The Contractor
1. Definitions and General Conditions 2. The Employer 5. Nominated Subcontractors
4.1 Contractor’s General Obligations
2.1 Right of Access to the Site 4.2 Performance Bond 5.1 Definition of “Nominated Subcontractor”
1.1 Definitions 2.2 Permits, Licences or Approvals 4.3 Contractor’s Representative 5.2 Objection to Nomination
1.2 Interpretation 2.3 Employer’s Personnel 4.4 Subcontractors 5.3 Payments to Nominated Subcontractor
1.3 Communications 2.4 Employer’s Claims 4.5 Assignment of Benefit of Subcontract 5.4 Evidence of Payments
1.4 Law and Language 4.6 Co-operation
1.5 Priority of Documents 4.7 Setting Out
1.6 Contract Agreement 4.8 Safety Procedures & Quality Assurance
1.7 Assignment 3. The Engineer 6. Staff and Labour
4.9 Site Data
1.8 Care and Supply of Documents 4.10 Sufficiency of the Accepted Contract Amount
1.9 Delayed Drawings or Instructions 3.1 Engineer’s Duties and Authority 6.1 Engagement of Staff and Labour
4.11 Errors in Computing the Accepted Contract Amount
1.10 Employer’s Use of Contractor’s Documents 3.2 Delegation by the Engineer 6.2 Rates of Wages and Conditions of Labour
4.12 Unforeseeable Physical Conditions
1.11 Contractor’s Use of Employer’s Documents 3.3 Instructions of the Engineer 6.3 Persons in the Service of the Employer
4.13 Rights of Way and Facilities
1.12 Confidential Details 3.4 Replacement of the Engineer/Engineer’s Representative 6.4 Labour Laws
4.14 Avoidance of Interference
1.13 Compliance with Laws and Procedures 3.5 Determinations 6.5 Working Hours
4.15 Access Routes
1.14 Joint and Several Liabilities 4.16 Transport of Goods 6.6 Facilities for Staff and Labour
1.15 Confidentiality 4.17 Contractor’s Equipment 6.7 Health and Safety
4.18 Protection of the Environment 6.8 Contractor’s Superintendence
8. Commencement, Delays and Suspension 4.19 Utilities 6.9 Contractor’s Personnel
4.20 Employer’s Equipment and Free-Issue Material 6.10 Records of Contractor’s Personnel and Equipment
4.21 Progress Reports 6.11 Expatriate Staff and Labour
8.1 Commencement of Works
4.22 Security of the Site 6.12 Disorderly Conduct
7. Plant, Materials and Workmanship 8.2 Time for Completion
8.3 Time Program 4.23 Contractor’s Operations on Site
7.1 Quality of Plant, Materials and Workmanship 8.4 Extension of Time for Completion 4.24 Fossils
7.2 Manner of Execution 8.5 Delays caused by Authorities
7.3 Samples 8.6 Rate of Progress
10. Employer’s Taking Over of Works
7.4 Inspection 8.7 Delay Penalties
7.5 Testing 8.8 Engineering Services
10.1 Taking Over the Works and Sections
7.6 Cost of Tests 8.9 Suspension of Work
9. Tests on Completion 10.2 Taking Over of Parts of the Works
7.7 Rejection 8.10 Consequences of Suspension
10.3 Interference with Tests on Completion
7.8 Remedial Work 8.11 Payment for Plant and Materials in the Event of Suspension
9.1 Contractor’s Obligations 10.4 Surfaces Requiring Reinstatement
7.9 Delivery of Plant 8.12 Prolonged Suspension
7.10 Ownership of Plant and Materials 8.13 Resumption of Work 9.2 Delayed Tests
7.11 Royalties 9.3 Retesting
9.4 Failure to Pass Tests on Completion 11. Defects Liability

11.1 Completion of Outstanding Work and Remedying Defects

11.2 Cost of Remedying Defects
13. Variations and Adjustments 11.3 Extension of Defects Notification Period
14. Contract Price and Payment 12. Measurement and Evaluation 11.4 Failure to Remedy Defects
13.1 Right to Vary 11.5 Removal of Defective Work
14.1 Contract Price 12.1 Estimated Quantities 11.6 Further Tests
13.2 Value Engineering
14.2 Advance Payment 12.2 Actual and Correct Quantities 11.7 Contractor’s Obligation to Search
13.3 Variation Procedure
14.3 Application for Interim Payment Certificates 12.3 Works to be Measured 11.8 Latent Defects
13.4 Provisional Sums
14.4 Schedule of Payments 12.4 Method of Measurement 11.9 Right of Access
13.5 Day work
14.5 Plant and Materials Intended for the Works 12.5 Evaluation 11.10 Performance Certificate
13.6 Adjustments for Changes in Legislation
14.6 Issue of Interim Payment Certificates 11.11 Unfulfilled Obligations
14.7 Payment 11.12 Clearance of Site
14.8 Currency of Payment
14.9 Delayed Payment
14.10 Payment of Retention Money
14.11 Cash Flow
14.12 Statement at Completion 16. Suspension and Termination by Contractor
15. Termination by Employer
14.13 Application for Final Payment Certificate 17. Anti-Bribery and
14.14 Discharge 16.1 Contractor’s Entitlement to Suspend Work Corruption
15.1 Notice to Correct
14.15 Issue of Final Payment Certificate 16.2 Termination by the Contractor
15.2 Termination by the Employer
14.16 Cessation of Employer’s Liability 16.3 Cessation of Work and Removal of Contractor’s Equipment
15.3 Valuation at Date of Termination
15.4 Payment After Termination 16.4 Payment on Termination
15.5 Employer’s Termination for Convenience
18. Intellectual and Industrial
Property Rights

21. Force Majeure

19. Risk and Responsibility 21.1 Definition of Force Majeure
20. Insurance 21.2 Notice of Force Majeure
19.1 Indemnities 21.3 Duty to Mitigate and/or Minimise Delay
19.2 Contractor’s Care of the Works 22.0 Claims and Dispute Resolution
20.1 General Requirements for Insurances 21.4 Consequences of Force Majeure
19.3 Employer’s Risks 21.5 Force Majeure Affecting Subcontractor
19.4 Consequences of Employer’s Risks 20.2 Insurance for Works and Contractor’s Equipment 22.1 Contractor’s Claims
20.3 Insurance Against Injury to Persons and Damage to Property 21.6 Optional Termination, Payment and Release 22.2 Amicable Settlement
19.5 Limitation of Liability 21.7 Release from Performance under the Law
20.4 Insurance for Contractor’s Personnel 22.3 Litigation
22.4 Arbitration

By Abdul Rahman