STATE MINISTRY

OF QATAR

OF ELECTRICITY

& \4/A TER

GENERAL

COND! T I o

i'-J

5 OF CONTR.ACT

2-6-1987

THE

D I RECTOR OF ELECTRICITY & WATER

r11NI5Tfn P.O.BOX

Lll

DOHA
5TATEOFQATAR

Tel: Telex:

49LlLl44
4478 KAHRMA OH

3 j1 '2 4 2 6 0 Defli1itJonsetc.PluraltoBond ofetc.Property Physical Contents 5 Extent Performance Drawings Care of GENERAL ofLighting Engineer's Representative 7 ( 1 ) (1 Sufficiency andSuperintendence - Table Inspection Excepted andPartyofly CONDITIONS of Engineer Insurance Boreho]es Persons Exploratory Documents by andandV/orks, an1jbyInstructions Sub-Jetting Duties Explanatory ( 1) Setting Government Damage Tender-t\t]verse Singular WorksofofContractFurnishedContractor of Conditions LanguagesRisksbe Drawinas (1))-(4) Watching to Powers Custody Assi~~nment providefj Drawings Furtlier Agreement and Excavation Indemnity f"1utuato Emp1oyees Work to Out ofInsurance Contract Satisfaction Third Contractor's be Site Programme be Record Drawings and Instruction Manuals (2) r1inimum Amount of Third Party InsuranCi? 13 3VE I NG ATION
( 1 )

-(7)

,....

2 4 Lt 3 8 9

PAGE

1 )

Clause

24 25

(1) (2)
(1)

Accident Insurance NotifIcation Insurers Giving Compliance

or Injury against

to Workmen Accident, etc. to Workmen to Insure Failure

Remedy on Contl'actor's to be Approved with

9 9
9 9

(2) (3) 26
(1)

by Contrtactor Statutes, .' Regulations, of Fees etc.

10

(2) (3) 27 28 29 30 ( 1) (2) (3)

of Notices

and Payment

10 10
10

Register of Commerce' Fossils,etc. Patent Rights Interference 'with Traffic

and Royalties and A.djoining Properties

10
10
11

Extraor1ji nary Traff Special Loads Settlement Waterborne

ic
Traffic Claims

11 11 11 11
11

(4)
31

of Extraordinary Traffic

32 33
(1)

Opportunit i es for Other Contractors SUDolv of Plant Materials and Labour ., I Site to be Kept Clear of Obstruction of Site on Completion (2) (3) (4)' Clearance

11

12 12 12 12 12
12 12

C i earinq the Works Certificate of Clearance LABOUR

34

(1)

Conditions

of Employment

Hp._

(2) (3) (4) (5) (6) (7) (8) (9)

( 10)
(11)

Rates of Pay Wages Books Trades Unions Compliance with Clause .. : ". " -" - .. -. ,. "." - . the Peace'

12

Supply of Labour Permits Repatriation Contractor Arms to Preserve

...

12
13 13 13

A 1coria I and DrUGS and Ammunition and Other Customs Water etc.

13
13 13 13

(12) (13)
(1

Religious Health

d) Housing,
Temporary Returns

14 14 14 14 IP
14

(15) (16)

Contractor's

Responsibility Works

35 36
(1)

of Labour, etc. MATER I ALS AND WORKMANSH of i"laterials and Workmanship

Quality

and Tests

(2) (3) (4)

Cost of Samples Cost of Tests Cost of Test not Provided

14 14 for etc.
15

ii

1"'...,

<is

(S)

(( 1 Access Impropel' et than Variations Possession ( I Commencement WorkRate3. I) DefinitionVariations' for Delay Rate De Work Fix 15 of Valuation Contractor 16 IS 15 2i 17 21 Claims Penalty Completion 17 18 (I) 18 i8 17 16 19 19 19 15 Default Time of Workof of Ciause Completion in 21 20 Removalofionofetc.WorkofPeriodWork etc. of SuspensionNigrit toor for delayed Maintenance 20 22 Cost)) ltyDefinitions(4)SiteRemedyPlant 90 days up Plant, Extension Site Execution ofEngineero(totoSearch o( Covering Works Fai lure to20 ";") out Work Pena No Consultants41ContractorTime for 63 f1aterials Wayleaves,ofofofofProol'8sSbefore and Contractor's Irremovability for Camp] Repair, Powerfor Purposes Reduction for37 fees ing ofmorej 01'1 oncompletion Examination Lastay Friday Compliance Suspens Certificate of Certain Works Carry (2) Contractor's Certificate as to Hiring Provisions
1

C"

54 - - . -- ')?r-( 1) 22 23 27 25 28 26 uselj Not Liability only used _0 - Service ~1ontrllyDayworketc.War, Frustration Risks ~.- --. -:.,.-.24 _5 Valuation26ofatMissile Event MaintenanceCertificate Variations foretc.of in be Disputes etc., not :-. (1) Ouantitles Statements of ( 1 MaintenanceorfeCertificate Forfeiture Measurement Settlement A.pproval to for ture from (1)) MethodPetent ionForfeiture Special Approval Repairs Terminated No ifCosts of oni1easured Payment Projectile, of 58Contractof ibyMoney etc., Risks implied Urgent Payment2626 Noticesarising Contractor- Arbitration Increased afterfDate ~1aterials, >~~-:...~_:-\~:~~::
<. '. -.-

_~~C

.:_"-:~'~-_'~

__

~-'

22 23 24 24 27 25 28

'r

: !

(2)

Foundations CERT I F I CA TES AND PAYMENT

DEF AUL T OF EMPLOYER 69 70 Default of Government ((ASG from Qatar 28 (OUNTR I ES 28 MATER I ALS & EOU I PMENT FROM OAT AR & OTHER ,'1aterials & Equipment Countri es Ta~,<ati on) Customs Constructional

& Other CCASG

OTHER (ONO I T IONS

71

Duty) Rates and Other Charges Works and Materials)

29 29 30 30 30 30 30

72 73

Plant) Temporary

etc.
Details Bribery to be COlifidentiaJ and Corruption

7.1
75 76 77

Bo,/cot t of I srae I Law to App 1y Air TI'anSpol-t

78

Sliipping

30

-, , . ,

CONDITIONS PART DEFINITIONS

Definitions.

OF CONTRACT CONDITIONS

1 GENERAL

AND INTERPRETATION

I.

(J)

In the Contract (as hereinafter defined) the (allowing words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires:

(a)

-Government' me,Jns the Governmen't o(the bUild or construct erect or deliver the Works

State of oatar who has'C31led (or Tenders and who will employ the Contractor,

to

(b)

"Contractor' means the person or persons (irm or company whose tender by personal representali'les, permthetted assigns, I Government and includes the Contractor's

has been accepted successors and

(c)

-Engineer" Gatar

means

the Director, Engineer

Ministry

of Electricity to time

& Water,

Post

Office Box "11,

in

Doha

or other

appointed

fl'om lime

by the GO'v'ernment

and notified

in

writing Engineer to t.~e Contr3ct:::r 50 designated,

to act 35 Engineer

(or the ;)Urp05E:5 o( tfle Contract

pl3ce of tfie

(d)

"Engineer's Representative" means any resident engineer or resident architect or assistant of the Engin::er or any clerk of works appointed from time to lime by the Government or the Engineer to perform the duties set forth in Clause 2 hereof whose authority shall be notified in writing lo t..1e Contractor by the Engineer.

Ce) installed "Works"

means all works to be in accordance the with the Contract.executed

and

permanent

plant

and equipment

to be

Cf) "Contract" means the Conditions of Contract SpeCification Drawings Priced Schedule of Rates and Prices (if any) Tender and the Contract Agreement. (g) "Contract deductions Price" means the sum named in the Tender subject

Bill of Quantities

to such additions contained. nature

thereto

or

therefrom}~ Plant'

.. a!,b~e ~made ~nge~, the_ero.vi~ions ~ means all appliances er things

he:-einafter

Ch) "Constructional
' .. c"

of whatsoever

required

in or

about the_ execution t;,ompletion or, maintenance of the. Works or. Temporary ' ..: her_einarter not things intended formil19 part defined) b'ut does' work: include' f!1aterials " or' other of the,permanent

Works ..,(as _ .. to form or

Ci)

"Temporary Works' means all temporary works execution campI etion Cl' maintenance of the Wor'ks,

of every

kind required

in or about

the

Cj) "Drawings' means the drawings referred lo in the Specification and any modification of such drawings approved in writing by the Engineer and Such other drawings as may (rom time to time be furnished or approved in writing by the Engineer,

(k)

"Site"

means

the 13nd and other

places

on under

in or through provided pl3ces

which

the Works are to be for the designated

executed

or carried

out and any other

lands or places

by the Government

purposes of Contract in the Contractthe as forming together the Site, part or with such olher

as may be specifically

Cl) "Approved" me':lnS approved in writing inclUding subsequent written verbal approval and "approval" means approval in writing including

confirmation 3S aforesaid.

of previous

I -

Singular

and Plural. (2) Words Importing conte;;t requires, lhe singular only also include lhe plural and vice versa where the

Marginal

Headings

or Hotes.

l3)

The marginal h~adlngs or notts in these Conditions shall not be deemed to be part ther'eof or be taken into consideration in the interpretation or construction thereof or of lhe Contract.

ENG I NEER'S REPRESENT A TI VE.

Duties 2. and Powers of Engineer's Representative.

The duties of lhe Engineer's Representative are to watch and supervise the Works and to test and examine any materials to be used or workmanship employed in connection with the Works. He sha!1 have no a!Jlh~~r'ity lo I'elieve the Contractor of any c,f his duties 01' l1bli'ptions under the Contract nor e>;cept as ei>p,'essly pro'/ided hereunder or elsewhere in the Contract to order any work involving delay or any extra payment by the Government nor to make any '/arialion of or in the Works, The Engineer may from tiil:e to liil:e in writing delegate to the Engineer's Representative any a
01'

of the powers ;:md a:.Jtho,ities vested in the En~ineer and shJ!1 furnish to the Contractor copy of all such written delegations of powers and authorities. Any written instruction

approval given by the Engineer's Representative to the Contractor within the terrr.s of such delegation (b:.Jt not otherwise) shall bind lhe Contractor and L~e Government as though it had been given by the Engineer. Ca) Provided always as follows :any work or rTi3teria!3 to disapprove such work

Failure 0( the Engineer's Representative to disapprove snJIl not prejudice lhe power of the Engineer thereafter

or rr.aterials and to order the pulling down removal or breaking up L~ereof. (b) If the Contractor shall be dissatisfied by reason o(any Representative he shall be entitled to refer the matter thereupon confirm reverse or vary such decision. decision of lhe Engineer's to the Engineer who shall

ASSIGNMENT
Assignment.

AND SUB-LETTING
.' . '.:..

3.

The Contractor shall notassign the Contract or any part thereof or any benefit or interest lhere\n" or lhereunder (otherwise lhan by ,(charge in favour -of the' Contractor's Bankers of any monies due or to become due under this Contract) without the prior written consent of the Government.

Sub-Le tU ng. 4. The Contractor

shail not sub-let

the whole of the Works, Except whel'6 ot.herwIse provided

by the Contract the Contractor sha!1 not sub-let any part of lhe Works without the prior written consent of L~e Engineer (which shall not be unreasonably withheld) and such consent if given shall not relieve the Contractor from any liability or obligation under lhe contract and he shail be responsible for the acts defaults and neglects of any sub-contractor, his agents servants or workmen as fully as if they were the acts defaults or neglects of lhe Contractor his agents servants or workmen. Provided always that the provision of laboui' en a piecework basis shall not be deemed to be a sub-letting under this clause.

EXTENT
Extent of Contract. S.

OF CONTRACT.

The Contract comprises the construction completion and maintenance of the Works and except in so far as the Contract otherwise provides the provision of all labour materials Constructional Plant Temporary Works and everything whether of a temporary or permanent

-2 -

nature

required for

in and for providing

such construction

completion

and maintenance so far to be inferred

as the the

necessity Contract.

the same is specified

in or reasonably

from

CONTRACT
Language
6. (1)

DOCUMENTS

All documents shall be t'endered in either the Arabic or the English language, If the documents are rendered language version In both the English and Arabic at all times, provided by the Contract the provisior,s of these language then the Arabic shall take preference

Documents
(2)

Mutually

Explanatory.

Except if and to the extent otherwise

Conditions of Contract shall prevail over those of :'lOy other document forming part of the Contrad and the provisions of the Sepecificalion and the details shown on the Drawings shall prt:vail over' the descriplions given in the;Bills
~: It :;:

?f Quantities,
.11

SljbjecL to the foregoing tne several'doc(Jments forming the Contract are to be taken as mutually explanatory of one another but in case of ambiguities or discrepancies which the Contractor did not and had reason not to anticipate then the 5i::me sha!1 be explained and adjusted by the Engineer ',yho shall U",ereupon issue to the Contractor directing in what manner the work is lo be cJrried out. Provided
<l!WiJ'r's

instruclions the the the the

that if in opinion of the Engineer corr:pli3nce with 3ny such instructions shall involve Contractor in any expense which by reason of any such ambigUity or discrepancy Contractor did not & had reason not to anticipate the Engilleer shall certify Jnd Government shall pay such additional sum as may be reasonable Custody 7.

to cover such expense.

of Drawings. (1) The Drawings shall remain in the sole custod'f of the Engineer but two copies U,ereof shall be furnished to the Contractor (ree of cost, The Contractor shall provide and make at his own expense any further Contractor Contractor copies required by him. At the completion of the Contract the shall return to the Engineer all drawings provided under the Contract. The shall prepare all further detail sketches and schedules which he may require supplied by the Engineer, .

sUDplementary to the drawings "

The Contractor shall give" adequate notice in writing to the Engineer or tl1e Engineer's . Representative of any further "drawing "or Spec1fication that may be required for the execution of the Works or otherwise under tl1e Contract, . ". "

One Copy of Drawings

to be ):eptcil1~Site::p"L;;j)
furnished

__ !_~?::"~"~":
as aforesaid and one copy of all

(2) One copy of the Drawings

to the Contractor

supplementary documents as Clause 7(3) hereof shall be kept by the Contractor on the Site and the same shail at all reasonable times be available for inspection and use by tl1e Engineer and the Engineer's Representative wriling, and by any other person authorised by the Engineer in

Drawings

ete to oe provided by Contraclor (3) The Contractor shall prepare and make all detailed shop drawings working drawings as built record drawings technical dala detail skeLches or other supplemenlary inroro.:atic'l which the Contractor shall be stipulated to prepare in accordance with tl1e Specification or other Contract Documents. All as built record drawings shall be supplied by the Contractor on polyester film or other durable and easily reproducible medium approved by tl1e Engineer. The Contractor or information Contractor shall furnish the Engineer free of cost with any such supplementary drawings which the Contractor shall have prepared as aforesaid or which lhe of such supplementarv dra.,...incs unlJer

may have prepared in accordance with Clause 7( I) hereof. The submission to and shall nOl relllNt: u~e (:jnLr~ctor or a~iY 0( tlis tJutles or responSlolllues

approval by the Engineer or the Enoineer's Reoresentalive or information the Contract.

- 3 -

Further Drawings and Instructlons

8. (I) The Engineer shall have full power and authorily to supply lo the Contractor from lime to time during the progress of the Works such further drawings and inslructions as shall be Gecessary for the purpose of the proper and adequate execution and maintenance of the Works and the Contractor shall carry out and be bound by the same, and tender documents are considered inadequate to

(2) Where the speCifications

drawings

fully describe the works the Engineer may issue additional information as in clause 8( 1) or may inslrucl the Conlractor to submit his own proposals complete with calculations drawings and specifications for approval.

(3) Drawings design inform3lion

and further

supplementary

informalion

shall be approved

by the Engineer before the respective (4) The Contractor

part of the work is put in hand,

shall prepare m3~,e and provide at the times set out in the Tender or as

instructed by the Engineer the Drawings and other information ill his oym cost and shall furnish free of charge to the Engineer five copies of all drawings sketcrles and schedules. The Contraclor shall continue to re-draft and re-submit drawings and other informalion until the Engineer's approval is obtained, Record Drawings and Instruction Manuals.

(5) On complelion of the Works the Conlractor shall, finally amend his drawings and all oL"ler design information such that the drawings and design inform3tion accurately record the actual work carried out and the equipment and other things as installed. Such finally amended drawings and design information shall be called the Record Drawings shall be submitted to the Engineer for his approval. and Information and

(6) The Contractor shall furnish to the Engineer at the Contractor's cost the original together wi th five copies of all such approved Record Drawings andinforrnation. The original of the Record Drawings' shall be furnished . reproduction. (7) , shall furnish :--:. on approved~ransparent m.aterial suitable for
-

The Contractor

.... .. , .. ~ - ,.,. : . to the Engineer before completion

- . ,",' - .. '.
-

'0.:

;:,'< '.

~. ..

c
,"

.:

- _.'

of the Works in a form

approved by the Eng!nee,r the originalloget])er wi.th.f~xe copies ofal! Instr~ctjon Manuals and other, technical data deemed necessary _.by I".the Engineer -. ~ ' the' proper operation of the Works for . .' . - .' .' '. ~ or as otherwise provided for by t.h~ ?~e~i~ica.ti00":" . =<= ,~:.,:,

<: '~;" :.': ;;

Contract

g.

Agreement. .'. The Contractor shall when called upon so to do enter into and execute a conlracl agreement (to be prepared at the cost of L':e Government) in the form annexed with such modifications

as may be necessary. Performance Bond.

10.

The Contnctor

shall within

28 days from L"le notification

of acceptance of his tender obtain

the guarantee of a bank to be jointly and severally bound with the Contractor to the Government in the sum stated in the Tender and Appendix thereto for the due performance of the Conlract under the terms of a Bond and the said Bank and the terms of the said Bond shall be such as shall be approved by the Government and the obtaining of such guarantee and the cost of the Bond to be so entered into shall be at the expense in all respecls of the Contractor unless the Contract otherwise provides, The said Bond shall remain valid from the date of commencement of Substantial of the Works until 90

(ninety) days art.er the date of the Certificate

Completion. and shall be a bank with a

The said bank shall be a bank approved by the Government registered orrice in Gatar.

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A Bond provided by an insurance Company shall not be acceptable to the Government.

Inspection
1

of Site.
The Contractor shall be deemed to have inspected and examined the Site and its surroundings himseif before submitting his Tender as to the nature of the ground arid and to have satisfied

t.

sub-soil the hydrological and clim,Hic conditions lhe form 3nd n.3ture of the Site the quantities and nature of the work and materials necessary for the completion of lhe Works and the means of access lo the Si te the accommodation he may require and in general shall be deemed to have himself oL'1er circumstances obtained all necessary thereof, information as to risks contin~encies and which may infiuence or' affect his Tender, No claims will be considered

on the grounds of lack of information Sufficiency of Tender. shall

12. (1) The Contractor

be deemed to rlave satisfied

himself

before

tendering

as to

correclness and sufficiency of his Tender for the Works and of the rates Jnd prices stated in the priced BIll of Quantities and the Schedules or R;;tes ;;nd Prices (if 3r;y) which rale5 ::nd ;;rices shall (except in so far as it is otherwise her'einafter provided) CO'v'er all his Obligations under the Contract and all complelion and maintenar,ce of lhe '.yorks. Adverse mallers and things necess3ry ror the proper

Physical Conditions and Artificial Obstructions. (2) If during the execution of the Works the Contraclor shall encounter prlysical conditions (o~her than weather conditions Of' conditions due to we3lher conditio~,s) 0, artificial obstructions which conditions or obstructions could not have been reasonably foreseen by an experienced contractor the Contractor shall forthwith and before such conciUons or obstructions are disturbed give wriUen notice thereof to the Engineer or Engineer's KepresenL~live 3;)d if in the opirdon of the Engineer such conditions or artificial obslrucUons could not have been reasonably cerUfy certify: (a) to be the proper and reasonable expense of complying wilt) any instructions the Engineer may have issued to the Contractor (b) in connection therewiL'1 and may reasonably have incurred which and the Government foreseen by :cm experienced contractor then tM Engineer shail shall pay to the Contractor such sums as the En~ineer shall

such other expense (if any) which the Contractor

in carrying out the ,,',Iorks which would not have been incurred had such cenljitions or obstructions not been encountered,

Work to be to Satisfaction

13. Save

in so far as complete and maintain

it is

of Engineer.
legally or physically impossible the Contractor shall execute the Works in strict accordance with the Contract to the satisfaction

of lhe Engineer and shall comply with and adhere strictly to the Engineer's instructions and airections on any matter (whether mentioned in the Contract er not) touching or concerning the Works. The Contractor shall take instructions and directions only from the Engineer or (subject) to the Representative, Programme
14.

limitations

referred

to

in

Clause

hereof)

from

the

Engineer's

to be Furnished. Within 1<:1 days after the acceptance or his Tender the Contractor

shall submit to the En9ineer

for his approval a programme showing L~e order of procedure and method in which he proposes to carry out the Works and shall whenever required by the Engineer or Engineer's Representative furnish for his information particulars in writing of the Contractor's arrangements for the carrying out of the Works and of the Constructional Plant and Temporary Works which the Contractor intends to supply use or conslruct as the case may be, The submission to and approval by the Engineer or Engineer's Representative of such programme or the furnishing of such particulars his duties or responsibilities under the Contract. rOril) part of the Cvil~r j~~ :~":";1 - .~= '.,:" .. shall not relieve the Contractor of any of When approved this programme shall then

- 5 -

Conlractor's

Superi nlendence.
shall give or provide all necessary obligations superintendence during the execution of for the pro()er' or 3 conwetent as the Engineer may consider under the Contract. approved in wriling necessary

15. The Contractor

fulfilling

the Works and as long thereafter of the Contractor's and authorised

The Contr3ctor

agent or represenlative

by the Engineer (which appro'/31

-,!

may at any time be withdrawn) is to be constantly on the Works and shall give his whole lime to the superintendence of the same, If such approval shall be withdr3wn by the Engineer the Contractor shall as soon as is practicable (having regard to the requirement of replacing him as hereinafter mentioned) 3f1er receiving of written notice of such withdrawal remove the agent from the Site and shall not thereafter employ him ag3in on the Site in any cap3city 3nd Sh311replace him by 3nother agent approved by the Engineer. Such authorised agent or representative shall receive on behalf of the Contractor directions and ir.s~ructions from the Engineer or (subject to the limitations Contractor's Employees, shall provide and employ on the Site in connection wi~h the execution and maintenance of the Works, (a) only such technical assistanls as are skilled and experienced i;j their respective
The Contractor

of Clause 2 hereof) the Engineer's Representati\e.

16. (])

cilllings and such SUb-agents foremen and leading hands as are competent to g:v:: proper supervision to the work they are required to su()ervis8, and (b) such skilled semi-skilled and unskilled labour as is necessary timely execution and maintenance of the Works, (or the proper and

(2)

The Engineer shall be at liberty to object to and require the Contractor to remove forthwi th from the Works any person employed by the Contractor in or about the e>:ecution or maintenance of the Works who in the opinion of the Engineer misconducts himself or is incompetent or negligent in the proper performance of his duties or whose employment is otherwise considered by the Engineer to be undesirable and such person shall not be again employed upon the Works without the written permission of the Engineer, Any person 50 removed from the Works shall be replaced as soon as possible approved by the Engineer, . of his technical assistants shall be able to speak by a competent substitute

(3) The Agent and a reasonable proportion

English and a reasonable proportion of foremen shall have a working knovdedge"of the English language; In addition the Contractor shall ensure that a reasonable proportion of his foremen shall have a working supervision of Arab labour, knowledge of the Arabic language to enable' proper

Selling-Out.
17. The Contractor shall be responsible for the true end proper seWng-out o( the Works in r'elation to original points lines and leve!s of reference given by lhe Engineer in writing and for correctness (subject as above mentioned) of the position levels dimensions and alignment of all parts of the Works and for the provision of all necessary instruments appliances and labour in connection therewith, If at any time during the progress of the works any error shall appear or arise in the position levels dimensions or alignment of any part of the \v'orks the Contractor on being required so to do by the Engineer or Engineer's Representative shall at his own expense rectify such error to the satisfaction of the Engineer or Engineer's Representative unless such error is based on incorrect data supplied in writing by the Engineer or the Engineer's Representative in which case the expense of rectifying the same shall be borne by the Government. The checking of any setting-out or of any line or level b'! the Engineer or the Engineer's Representative shall not in any way relieve the Contractor of his responsibility for the correctness sightrails thereof and the Contractor shall carefully protect and preserve all bench-marks pegs and other things used in setling out the Works,

- 6 -

Boreholes tB.lf

and Exploratory

Excavation.

at any time during the execution of lhe Works the Engineer shall require the Contractor Lo make boreholes or to carry out exploratory eXGlvalion such requirement shall be ordered in writing and shall be defmed to 0'; an addition ordered under the provisions of Clause 51 hereof unless a provisional sum in respect of such anticipated work shall have oefn included in the Bill of Quantities.

Wlltching Ilnd Lighting. 19. The Conlractor

shall in connection wilh lhe Works provide and maintain at his own cost all

lights guards fencing and watching when and where necessary or required by the Engineer or Engineer's Representative or by any duly constituted authority for lhe prolection of the "orks 01' for tt',e safety 3:1,j convenience or the pUblic or olhers. ' Care
0 f Wo rl::.s .

20.

(I)

From the commencement

to the completion of the \'Ior'ks

the Conlractor

shail lake ;uil

responsibility

for the C3re L'Iereof and all Temporary

Works and in C3se any damage loss or'

injury shall happen to the Works or lo any partlhereof or lo any Temporary Works from any ouse whalsoever (save and except the excepted risks as defined in sub-clause (2) of lh:s clause) sr.all at his own cost repair' and make good the same 50 lhat at complelion Works il shall be in good order and condition and in conformity requir'ements of the Contract and the Enginee(s instructions. or' lhe in every respect with the In the event of any such

damage loss or injury happening from any of the excepted risks the Conlractor shall if and to lhe exlent required by the Engineer and subject always la the provisions of Clause 6S hereof repair' and make good the same 3S aforesaid at the cost of the Government. ne Contr3ct.cr shall also be liable for any damage to the Works occasioned by him in the course of any oper::;tions carried out by him for the purpose of complying with his obligations ufil:er c!a~se .::;9 hereof.

Excepted Risks.
(2) The "excepted risks' are war hostilities (whelher war be declared or not) invasion act of foreign enemies rebellion revolution insurrection or mililary or usurped power civil war or (otherwise than among the Contractor's own employees) riot commotion or disorder or use or occupation by the Government of any portion of the Works in respect of which a Cerlifjote of Completion has been issued or a cause solely due to the Engineer's design of the Works (all of which are herein collectively referred to as "lhe excepted risks").

Insurance

of Works. etc.
and responsibilities under Clause 20 hereof the Contractor of lhe Government and the Contractor against all loss or arising (other than the excepted riSKS) for which he is the Contract and in such manner that the Government and

21. Without limiting his obligations shall insure in the joint names damage from whatever cause responsbile under the terms of

Contractor are covered during the period of construction of the Works and are also covered during the period of Mainlenance for loss or damage arising from a cause occurring prior to Lhe commencement of the Period of Maintenance and for any loss or dam3ge occ:sioned by lhe Conlraclor in the course ot any operations carried complying with his obligations under Clause "19 hereof :(a) out by him for the purpc.se ot

The Works and lhe Temporary Works to the full value of such works executfd from time to time plus lOP. lo cover any additional expenses of and incidentallo tt',e demolition removal restorJtion or repair of 3ny such loss or damage, The materials Conslructional Plant and other things brought on la lhe Site by the Contractor lo L'Je full value of such malerials Constructional Planl and olher lhings,

(b)

(c)

All plant

equipment

and materials

of any kind being provided

under separale

cc,',tr3C~ Cd- !:ij' ;,;:,;~.. >.:.,:; :-. ::-'~,)ntractors for incorporation in the works from lhe time such plant equipment and materials are laken over by the Conlraclor at

-7 -

the port workshop Site and thereafter Such insurances Government Contractor

or place of manufacturing as the case may be unlil delivery in accordance with sub-paragraphs (a) and (b) above. shall be effected with an insurer and in terms approved

to

by the

(which approval shall shall whenever required

not be unreasonably withheld) and the produce to the Engineer or L!)e EngineE-r's

Repr'esenlalive the policy or policies of insurance and the receipts for payment of the current premiums. Provided always that without limIting his obligations and responsibilities Contractor as aforesaid nothing against in this clause contained shall render the with liable to insure It'le necessity for the repair or reconstruction

of any work constructed wilh materials the requirements of lhe Contract. Damage to Persons 22. (1) The and Properly. Contractor shall

or workmanship

not in accordance

(except

if

and

so

far

as

lhe

Specificalion

provides for

olherwiselindemnify

and keep indemnified

the Government

against

all 105ses and claims

irljuries or damage lo any person or any properly whatsoever (olhel' than surface or olher damage lo land being or crops being on the Site suffered by tenants or occupiers) which may arise out of or in consequence of It-le conslruction and maintenance of the \'/orks and against a!l claims demands proceeding damages costs charges and expenses whatsoever in respect of or in relation thereto. Provided always that nothing herein contained shall be deemed to render the Contractor li3ble for or in respect of or to indemnify the Government ag3inst 3ny compensation (a) or damages for or with respect lo :lhereof or

The permanent use or occupation of land by lhe V/orks or any part (save as hereinafter provided) surFace or olher damage as aforesaid. The right of the Government to construct under in or through 3ny land. the Works

(b)

or any par't thereof

on over

(c)

Interference whether temporary or permanent wilh any right of light airway or water or olher easement or quasi-easement which is lhe unavoidable result of tJ'ie construction of the Works in accordance with the Conlracl. Injuries or damage to persons or property resulting from any act or neglect done or committed during lhe currency of the contract of lheGovernment Government Agents servants or olher contractors (not being employed by. the Contractor) for or in respect of any claims demands proceedings damages costs charges expenses in respect lhereof or in relation lhereto. or and

(d)

Provided furlher lhat for lhe purposes of this clause lhe expression "the Sile" shall be deemed lo be limiled lo lhe area defined in lhe Specification or shown on lhe Drawings in which land and crops will be disturbed inevitable consequence of lhe carrying oul of lhe Works. Indemnity by 6overnment. (2) The Government or damaged as an

will save harmless

and indemnify

the Contractor

from and againsl

all

claims demands proceedings damages costs charges and expenses reFerred to in lhe proviso lo sub-clause (1) of lhis clause. Third Party Insurance. Before commencing

in respect

of the matters

23. (1)

the execution

of the Works

the Contractor

(but without

limiting his

obligations Government

and responsibilities and the Contractor

under Clause 22 hereof) insure against any damage

shall in the joinl names of the loss or injury which may occur to

any property (including that of the GovernmenL)or to any person (including any employee of the Government) by or arising oul of the execution of the Works or Temporary Works or in the carrying out of lhe Contract olherwise than due to lhe matters referred to in the proviso to Clause 22 (I) hereof.

- 8 -

Minimum Amount of Third

(2) Such Insurance

P8rly
shall

Insurance,
be effecled with an insurer and in terms approved by the

Govr;rnment (which apPI'oval shall not be unreasonably withheld) a;ld for at least the amount stated in the Tender and the Contractor shall whenever required produce to the Engineer or the Engineer's Represent3tive the policy payrnE:nt of the current premiums. Accident or Injury to \tlor~men, or policies of insur3nce and the receipts for

24,

(I) The Government shall not be liable for or in respect of any damages or compensation payable at Law in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contr3clors or any sub-contr3ctor save and except an accident or injury resultiilg from any act or default of the Government Government Agents or servants and the Conlr3ctor shall indemnify and keep indemnified the Governme;it ;.gainst ail such damages and compensation (sa',e 3nd except as aforesaid) and c1gainst all claims demands proceedings costs chal'ges and e>:penses whatsoever in respect thereof or in relation therE:to.

Insurance

against

Accident

etc,

to Workmen with an insurer a~f)ro.t'd by the withheld) and shall conlinl;c such

(2) The Contr:JClcr sh::ll insure ag;::ir:st such liability Government (which approval shall not be unreasonably

insur'ance during lrle whole of the lime that any persons are employed by him on tt'le Works and shall when required produce to the Engineer or the Engineer's Representative such policy of insurance and the receipt for payment of the current premium, Provided always that in respect of any persons employed by any sub-contractor the Contractor's obligation to insure as aforesaid under this sub-clause shall be satisfied if the sub-conLractor sh:::ll have insiJred against the liability in respect of such persons in such manner that the Goverrlme:it is indemnified under the policy but the Contraclor to the Engineer or lhe Engineer's Representative t.~e receipt for payment of the current premium. shall require such sub-contractor to produce

when required

such policy of insurance and

Remedy

on Contractor's

Failure

to Insure.
to effect and keep in force the insurances referred to in

25, (I)

If the Contractor

shall fail

Clause 21. 23 and 2~ hereof or any other insurance which he may be required to effect under . the terms of the Contract then and in any such case the Government may effect and keep in force any such insurance and pay such prtmium or premiums as may be necessary for that purpose and from Lime to Lime deduct the amount so paid by the Government as aforesaid from any monies due or which may become due to the Contractor or recover the same as a debt due from the Contractor .. _'::. : '.'',-::'':: , .. " ,:.~' -. c . ~ '.

Notification

by Contractor.

(2) It shall be the duty of the Contractor to notify the insurers of any of the insur:Jnces referred to in Clauses 21,23 and 24 hereof of ;:my matter or event which by the ter!7\3 of such insurances Jre required to ~e 50 notified and the Contractor shall incemnify and keep indemnified the Government against all losses demands proceedings costs charges 3nd expenses whatsoever arising out of or resul ting from any defaul t by the Contractor in complying with the requirements of this sub-clause whether as a result of the avoidance of such insurance or otherwise. Insurers to be Approved.

(3) v/here Clauses 21,23 and 24 hereof require certain

insurances

to be effected

with an

insurer approved by the Government or where any other insurance Is required to be effected under the terms of the Contract the insurance shail be effecled t.'1efollowing approved O.atarl insurance companies: (a) The Catar Insurance Company (b) The Oatar General Insurance and Reinsurance Company by the Contractor with one of

-9 -

.1

(c)

AI f~haleej Insurance approved

Company Oalari insurance company in fulure

(d) Any other

Compliance
26. (1)

wilh

Slalules

Regulations
shall conform

elc.
in all respects with the provISIons of any Statute

The Contractor

Ordinance or Law and the Regulations or bye-laws of any local or other duly constituled authority which may be applicable to the Works or to any Temporary Works and with the rules and regulations of public bodies and companies and shall keep the Government indemnified against all penalties and liability Ordinance or Law Regulation or Bye-law. of every kind for breach of any such Statute

Giving of Notices

and Paymenl

of Fees.

(2) The Contractor shall give all notices and pay all fees required to be given or paid by any Nalional or Stale Slatute Ordinance or other Law or any Regulation or Bye-Law of any local or other duly constituted authority in relation to the execution of the Works or of any Temporary Works and by the rules are affected and regulations or may of all public bodies and companies in any way by the Works whose or any property or rights Temporary'Norks. be affected

Regisler

of Commerce.
(3) Without prejudice award of the Contract lo L~e generality of sub-clauses (1) and (2) hereof to him the Contractor shall comply with the Register and following of Commerce

Regulations or any Regulation being amending or re-enacting business in Qatar are Companies not enlered

or Ordinance having the force of law in Oatar for the time the same under which all persons and Companies engaged in of Commerce. on business. Persons or

required to be registered in the Register in the Register are not permitted to carry

Fossils

etc.
27. All fossils coins articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered on the site of the Works shall as between the Government and the Contractor be deemed to be the absolute prOpe-rty" of the Government and" . the Contractor shall take reasonable precautions to prevent his workmen- or any other persons from removing or damaging any such article or thing and shall immediately upon .. discovery thereof. and before removal- acquaint the Engineer's Representative of such discovery and carry out at the expense of the Government the Engineer's order as to the disposal of the same ..... : _ .... -. _.; -

Patents

Righls

and Royalties.
shall save harml ess and indemni fy Government from and against all claims fer or on account of infringement of any patent rights design trademark or

28. The Contractor and proceedings

name or other protected rights in respect of any Constructional Plant machine work or material used fer or in connection with the Works or Temporary Works or any of them and from and whatsoever against all claims demand proceedings damages costs charges and expenses in respect thereof or in relation thereto. The Contraclor shall pay all tonnage

and other royalties rent and other Payments or compensation (if any) for getting stone sand gravel clay er other malerials required for lhe Works or Temporary Works or any of them.

Inlerference

wilh

Traffic

and Adjoining

Properties.

29. All operations necessary for the execution of the Works and for the construction of any Temporary Work shall 50 far as compliance with the requirements of the Contract permils be carried on 50 as not to interfere unnecessarily the access lo use and occupation of public properties Contractor whether shall in the possession save harmless or improperly with the public convenience or or private roads and footpaths or to or of or of any other in respect person and the the Government of all claims out of or in

of the Government

and indemnify

demands proceedings damages costs charges and expenses whatsoever arising relation to any such mallers in 50 far as lhe Contractor is responsible therefor.

- 10-

Extraordinary

Trarric.
The Contrac tor shail use every re3sonab!e means to prevent any of the highways or

30, ( i)

bridges communicating with or on the routes to the Site from being damaged or injured by any traffic of the Contractor of any of his sub-contractors and in particular shall select r(':~tes c~oo~e and us~ vehicles cnd restrict and di:.tr:t'Clte loads 50 thet Jny sJcn extraordinary lraiiic as wdl ine'.;itably arise from the moving of plant and material from and to the Site sh,;lI !:le !i:nited as far as reason6bly pOSSible and so that no unnecessary d?m3;-: or injury may be occasioned to such highways and bridges.

Special

loads,
(2) Should it be found necessary for the Contractor to move one or more I03ds of Constructional Plant machiner'y or pre-constructed units or parts of units of work over par't

o( a highway or bridge the moving wh9reof is Iike!y to damJge any highway or bridge unless special protection or strengthening is cJrried out then the Contractor shJ:! befor'e moving lt'le I03d on to SuCh highwClY or bridge give notice to the Engineer or Enginee,"s Representative the Weight 8r;;j ocr.er pcwticulars of lr,e ICladlo be moved and his proposJis fclf' protecting of or

slrengthe:1ir:g the said highway or bridge. Unless within fourteen days of the receipt o( such notice the Engineer shall by counter-notice direct th3t such protection or strengthening is th~re~)f unneces5a,'y then the Contractor will carry out such propos;;;s 0" ;;ny modifiu:tion t;'lat the En9ineer shail require and unless there is an item er 3re iterns in the Bill ef
Or'

Quantities for pricing by the Contr3ctor of the necessar'Y WCH'KS for the protection stengthening 3fo;,esaid the costs <,ridexpenses thereof shali be paid bylhe Cc,ntractor.

Settlement

the Contr,lctor' sh311 receive any claims arising out of the execution of lhe Works in respect er'dJrnage or injur''1 to highways or bridges he shall immedi3Lely report L'ie same to t.he Engineer. If snd so fJr ,"5 any such claims or partlhereof shail in lhe opinion of lhe Engineer be due lo any failure on lhe pJrt of Lf;e Contrador to observe and perform his obligations under sub-clauses (1) and (2) of this clause lhen the amount certified paid by the Contractor to L'ie Government. by the Engineer lo be due lo such failure shail be

of Extraordinary Traffic Claims. (3) If during the carrying out o( the Works or at any lime thereafter

Waterborne

Traffic. (4) Where the nature of the Works is such as lo require

waterborne transport the foregoing provisions -highway~ included a lock dock sea wall or other structure vehicle included craft and shall have e(feel accordingly.

the use by the Contractor related to a watenvay

of and

of this clause shall be construed

as lhough

Opportunities

for Other
Contractor

Contractors.
shall in accord3nce with the requirements of the Engineer afford all

31. The

reasonable opportuniUes (or carrying outlheir work to any other contractors employed by the Government and their workmen and to lhe workmen of the Government and of any other duly constituted authorities who may be employed in the execulion on or near t.he Site of any work not included in the Conlract which the Government may enter into in connection with Cl' ancillary to t~;e Works.

Supply

of Plant

Materials

and labour,

32. Except
all

where otherwise specified lhe Contraclor shail at his own expense supply and pr'cvict': the Constructional Plant Temporary Works materials both for Temporary and (or

Permanent WOI'ks labour (includini] the super-vision thereon transport to or from the site and In and about the v/arks and other things of every kind requil'ed for the construction completion and maintenance of the Works.

Site

to be Kept Clear of Obstruction. 33. (1) The Contractor shall at all times keep the Site free from obstruction

and shall at any

tin"le if cirected bv the Engin"',:," ~.- ~re f,,~ir'~pr'c: P~Clr,:,c:"'nt,t;'J~ store or dis(l('lse of 3"'V Constructional Plant and surplus materials and clear away and remove from tile Sile Jny

11-

wreckage or rubbish or Temporary

Works no longer required.

Clearance

of Site

on Completion.

(2) On the completion of the Works the Contractor shall clear away and r'emove (rom the Site all Constructional Plant surplus materials rubbish and Temporary Works of ever'y kind and leave the whole of the Site and Works clean and in a workmanlike condition to the 5<itisfaction of the Engineer'.

Clearing

lhe Works.
(3) The Contractor is l'equired to clear all materials, plant. rubbish and building debris of such rubbish and any nature within 30 days after completion of the Works and to transport debris to a location designated by the relevant Municipality. In t~le event of the Contractor's non-compliance

with this clause a penalty of a.q. 200,00 per

day will be imposed. The Engineer is entilled to have such clearance carried out by others and to deduct such costs from any monies due or which may become due to the COlitracLor. Certificate (4) of Clearance. Release of retention the appropriate y.

monies will Municipality

be withheld Office

until a certificate that

of clearar,ce is issued has been cleared

(rom

confirming

U'le site

salisfadoril

LABOUR
Conditions of Employment. 34. (1) The Conlractor shall pay rales of wages and observe hours and conditions of labour nol less favourable lhan those established by agreement between employers or other recognised authorities and lrade unions for similar' lrades or industries in the district where this Contract work is to be carried out. Where lhere are no such established rates and conditions in the trade or induslry in lhe district then established rales and conditions in other districLs for similar trades or industries carried on under similar general conditions shall be adopted. Without prejudice to the generalily of the provision of sub-clause (4) hereunder the Contractor shall be responsible for the observance of the terms of this sub-clause by any sub-contractor. ,

Rates of Pay.
(2) The rates of pay to the labour togelherwith the working conditions to be observed in terms of paragraph (1) above shall in the event of any doubt be discussed between the Contractor and the appropriate Government Department

0\ Labour.

.,'

Wages Books. (3) The Contractor

shall keep proper wages book showing the wages paid to labourers in and together with such other records as are required by any

about the execution of the Contract

Statute Ordinance Law Regulation or Bye-Law in force in Qatar governing the emoloymenl of labour and shall be bound whenever required lo produce such wages book ar.d oU":er records for the inspection of any person authorised by the Engineer.

Trade

Uniions.
(Ll)

Contractors

and sub-contri'lctors trade unions.

shall recognise

the freedom

o( their

labour to be

members of registered

Compliance with Clause. (5) The Contractor

shall also from lime to lime furnish to the Engineer such further in order to satisfy

detailed him that

information and evidence as the Engineer may deem necessary the conditions o( this clause have been complied wilh.

Supply

of labour.
(6) The Contractor shall use all diligence in arranging for a sufficient and suitable supply at

- 12-

all

limes

throughout

the Contrtact

of labour

and personnel

and shall

make his own

arrangements for tl"ieir recruitment. Provided that tl"le Contractor shall not recruit or Jtte:n~,t to I'ecrult his pers(Jnnel and labour from amongst ~ersons in the service of the Gc,vernmenl. nie Contr3clor shell! at his own expense unless otherwise speCified P;1'( ail cc,sts Jnd ch,:wges for Jnd shall make all Jrrangemenls in connection .,.dh the recruitment employment supervision tr'ansport Quar'3ntine rlousing and feeding welfare and rirst ..1id3nd hospilal services camp administration and insurance of labour and personnel arid all other matters wh3tsoever all of which shall be subject lo the Stalutes Ordinances Laws Regulations and Bye-Laws now in force or which may be laid down by the appropri3te p..uthorities (ram time to time dl.;ring the continuance o( the Contract. Permits. (7) The im~ortation oi labour and personnal shall be s:Jbjectto the St3lctes Ordin3nce La'''''s C:egul3tions and Bye-Laws in force from time to time and ;-,0 labour o. personnel shall be import.ed by the Contractor without rirst ob13ining the necessary permit or pe.r;-;,ils or ~3ss;:Jorts from Lrle appror:;riat.e aut.horilies. Repatriation. (8)

The Cont.ractor shall at his own cost be responsible

for the pf'ovision of t.ransport to ar,d

from the Site at all limes Jnd the repatriation to the places wrlere they w,;;re recruited of all his own and his Sub-Contractors' personnel and labour employed upon the Works ad shall be responsible repatriated (or the SUitable maint.enance o( ail such persons unlil they shail have leftlhe country and maintain who are being or about lo be as the case may be 3d in and recover Lhe costs or L'Je district

default the Government may repatriate from the Contractor.

such persons

Contractor

to Preserve

the Peace.

(9) The Contractor sf:all at all times during the progress o( the Works take all requisite precautions and use his best er,deaVOlH'Sto ensure all his labour 3nd persoilnel comply with the Statutes Ordinances Uws Regulations and Bye-Laws in (orce in the district and so as to prevent accidents or- any riotous or unlaw ful behaviocr by or amC\\\gsl the labourers and others employed on or in connection with L~e Works and (or the preservation o( the peace and protection of the inhabi lants anlj the seclJri ty of all property on or in the neighbourhood of trle Site but the Contractor shall not be entitled to institute any force of police nor shall he interfere with the Government Police who shall have free and undisputed acceS3 at all times to any part o( theSite Alcohol and Drugs ... (10) The Contractor intheexecution.. .. --.-_."-

o( theirduties. ------.------ ..

-.- -

shall not otherwise

_. ~. _ =,,;, _.. ;: ' . = ~:":;.'" L'1an permitted in accordance dispose of any alcoholic sale gift barler or

',_.

wilh

Government

Regulation import sell give barter or otherwise permit or suffer any such importaUon Sub-Contraclors ..A.gents. or employees. Arms and Ammunition. (11) The Contractor

liquor or drugs or disposal by his

shall not import se!1 give barler

or otherwise

dispose of to any person the same as aforesaid.

or persons any arms or ammunition o( any kind or permit or surfer Religious and Other
(i 2)

Customs.

The Contractor and his Sub-Contractors including Agents and olher personnel shail in 3/1 tr:eir dealings with L~eir labour for trie time being employed on or in connection with the Works have due regard lo all recognised festivals and religious or other customs.

Health.
(13) Due precautions must be taken by the Contractor and at his own cost unless otherwise specified in collaboration with and la the requirements of the local health authorities to service are available at the camps or housing and on the Site at all times throughout the period o( the Contr~ct and U/at SUitable arrangements are made for anti-malarial precautions

13-

and for prevention of epidemics and ior all necessary welfare Housing.

and hygiene requirements.

Water
( 14)

etc.
(a) The Contractor the site. Is responsible for transportation of his workmen to and from

(b)

The Contractor is responsible (or all arrangements for his workmen everything concerning the procurement and employment of labour. The Contractor shall be required to provide

and

(c)

and maintain at his own cost all his personnel and labour for the

camps and housing to accommodate properly

period of the Contract having due regard fOl' the Statutes, Ordinances. Laws, Regulations and Bye-Laws in force in the district and to the appro'.'al of the appropr'late Government Authorities. permitted to be erected on the site.
i

Such camps and housing shall not be

Contractor's
(1

Responsibility. S) The foregoing provisions of this clause shall employed by the Contractor and his Sub-Contractors apply to all labour an,j persol'lnel and all costs charges and expenses

whatsoever that may be incurred by the Contractor and all risks involved in giving effect la the provisions of this clause including all insurances are deemed to be included and covered in the rates or lump sums inserted by the Contractor Temporary W'or~s_ (16) Without prejudice to the generality of the definition of Temporary Works in Clause 1 of these Conditions the said definition shall be construed as comprising all works structures services buildings and other facilities required in the fulfilment of this clause .. Returns of Labour. etc. shall if required by the Engineer deliver to the Engineer's Representative or in the Bills of Quantities.

35. The

Contractor

at his office a return in detail in such form and at such intervals as the Engineer may prescribe showing the supervisory staff and the numbers of the several classes of labour from time to time employed by the Contractor on the Si te and such information respecting Constructional Plant as the Engineer's Representative may require.

MATER I ALS AND WORKMANSH I P

_ _ : #~ .~. :.. ,

t ,.:,... ~.;'.
"., .. '

Quality

of materials

and Workmanship

and Tests

,0.

36. (1).

All materials and worbnanshipshall be 'of the Jespecti~e .. kind.' qescribed in the Contrad and in accordance' with the Enginee-r:;? :in's'tru~t:io~s' and shall be, subject.edfrom time to time to such tests 'as the Engineer'may direct at the place of manufacture or fabrication or provide such assistance on the Site or at all or any of such places. The Contractor'shall as are normally weight or quantity required. for examining of any material used and

instruments machines labour and materials me3suring and testing any wor'k and the quality

shall supply samples of materials before incorporation selected and required by the Engineer. Cost of Samples.

in the Works for testing as may be

(2) All samples shall be supplied by the Contractor at his own cost if the supply L'1ereof is clearly intended by or provided for in lhe Specification or Bill of Quantities but if not then at the cost of the Government. Cost

or Tests. (3)
The cost of making any test shall be borne by the Contractor if such test is clearly intended by or provided for in the Specification or Bill of Quantities and (in the cases only of

a test under load or of a test lo ascertain whether the design of any finished or parlially finished work is appropriate for the purposes which it was intended to fulfil) is particularised in the Specification or Bill of Quantities in sufficient detail to enable the

- 14-

Contractor

to price or allow for the same in his Tender,

Costs

of Test
(~)

not provided

for etc.
:

If 3ny test :5 ordered by the En~;inE'erwhich is elt/ier

(a) not so intended by or provided

for or (b) (in the cases abo\'e mentioned) is not so particularised

or

(c) though 50 intended or provided for is ordered by the Engineer to be carried out by an independent person at any place other than the Site or the place of manufacture or fabrication of the materials tested. then the cost of such test shall be borne by the Contractor or materials not to be in accordance with the provisions instructions but otherwise by the GiJ\'ern~enl. if the test shows the workma~5hip of the Contract or the Engineer's

Access to Si te.

37. The

Engineer and any person autho;-Ised by r,im shall at all times h';'/e access to the ','/orks and to the Site and to all workshops and places where work is being preoared or whence materiais manufactured articles or machinery a('e being obtained for' the Works a~nj the Contractor shall arford every f~~ciiity for and every 1:ssist:::nce in or in obt1:ining troe I' 1:;:-: tto such access,

Examination of \lIor~ before Covering up. No work shall be covered up or put out of view without the approval 38. (1)
the Engineer's Representative and the Contractor shall afford full

0( the En9ineer or

opportunity

for

the

Engineer or the Engineer's Representative to examine and measure any work which is about to be covered up or pul out of view 3nd to examine foundations before ~.erma"ent work is placed ther'eon, The Contractor shall aive due notice to the EnGineer's ReJresentaUve

...

whenever any such work or foundations is or are ready or about to be ready for examination and U"'leEngineer's Representative srlall without unreasonable delay unless he considers it unnecessary and advises the Contraclor accordingly attend for the purpose of examining and measuring such work or of examining such foundations.

Uncovering
(2)

and Making Openings.

The Contraclor shall uncover any part or parts of the Wo;--ks or make openings in or and shall reinstate and m::Ke to the satisfaction or the Engineer. If any such part or parts have

through the same as the Engineer may from lime to time direct good such part or parts

been covered up ?r put, out. of view af~er compliance with. the requirements of sub-clause (1) of this Clause and -are found to be executed"in accordance with the Contraclthe expenses of. _ uncovering making openings in or b'1rough reinstating and making good the same shall be borne by the Government but in any other case ail such expenses shall be borne by the Cont.ractor and shall be recoverable from him by the Government or may be decucted b'/the from any monies due or which may become due lo the Contrador. GO'/ernment

Removal

of Improper

WorK and Materials.

of the V/arks have power to order in writing

39.(1)

The Engineer shall during the progress from time to time: (a)

The removal and prape;' re-execution (not wi tJ"lstanding any previous test. t.hereof or interim payment therefore) of any work which in respect of materials or

workmanShip is not in the opinion or the Engineer in accordance with the Cont.ract. (b) The substit.ution or proper and suilable mat.erials and (c)
The removal

from U'le Site within

such time or times as may be speciried in the

order of any materials with the Contract.

y",'~,ichin l,"le opinion of L'1e Engineer are not in accorcance

Default

of Contractor

in COJ11oli~nc",
out such order the out the same and all

(2) In case or" cefauit on the part o( the Contractor in carrying Government shall be entitled to employ and pay other persons to carry

- 15-

expenSBS consequentthBreon or incidental thereto shall be borne by the Contractor and srlall be recoverable from him by the Government or may be deducted by the Government from
"

any monies due or which may become due to the Contractor. Suspension of \IIorL 40. (1) The Contractor

shall on the written

order of the Engineer suspend the progress of the

Works or any part thereof

for such time or times and in such manner JS the Engineer may

consider necessary and shall during such suspension properly protect and secure the work 50 far as is necessar'y in the opinion of the Engineer. The extra cost (if any)incurred by lhe Contractor In giving effect to the Englneer's Instructions paid by the Government unless such suspension is (a) otherwise provided for In the Contract or under this Clause shall be borne and

(b) necessary for the proper execution of the work or (c) by the reason of weather conditions or conditions affecting the safety or quality of the work.

due to weather

conditions

(d) by some derault on the part of the Contracto!' or (e) necessary for the safety of the work or any partlhereof, Provided that the Contractor shall not be entitled lo recover any such extra cost unless rle gives noUce in writing of his intention to claim to the Engineer wiL~in \4 days of the Engineer's order. The Engineer shall settle and determine the extra payment to be made to the Conlractor in respect of such claim as the Enginee:' shall consider' fair and ['easonable. Suspension (2) Lasting more than 90 days. If on the written order of the Engineer (in this sub-clause

referred

lo as a "Suspension

Order") the progress of the Works or any part thereof shall be suspended for a per'iod or consecutive periods amounting in all to 90 days or if the Engineer having previously issued a Suspension Order for a period which lasted less than 90 days shall within less than 90 days from the expiration of that period of suspension issue a further Suspension Order either in respect of the whole of the '.'/orks or (where the pr'evious Suspension Order has affected only a part) affecting or including that part then and in any such case the Contractor may serve a written notice on the Engineer requiring permission within 28 days from the receipt thereof to proceed with the Works or that part thereof in regard to which progress is suspended and if such permission is not granted within that time the Contractor by a furL'1er written notice so served may (but is not bound to) elect to treat the suspension where it affects parl'only of the Works as an omission of such part under Clause 51 hereof or where it affects the whole Works as an abandonment of the Contract by the Government.

.cOMMENCEMENT TIME AND DELAYS

Commencement of 'Korks.
shall commence the Works' on Site within the'period nam'ed in the Tender

41.

The Contractor

after the receipt by him of an order in' writing to this effect from the Engineer and shall proceed with the same with due expedition and without delay except as may be expressly Possession sanctioned or ordered by the Engineer or be wholly beyond the Contractor's of Site. control. of L~e Si te of

42. (

i)

S~we in 50 far as the Contract

may prescribe

the extent of portions

which the Contractor

is to be given possession from time to time and the order in which such

portions shall be made available to him and subject to any requirement in the Contract as to the order in which the \'Iorks shall be execuled the Government will with the Engineer's written order to commence the Works give to the Contractor possession of so much of L1e Site as may be required to enable the Contractor to commence and proceed with the construction of the Works in accordance with the programme referred to in Clause 14 hereof and otherwise in accordance with such reasonable proposals of the Contractor as he shall by notice in writing to the Engineer make and will from time to time as the Works proceed give to the Contractor possession of such further portions of lhe Site as may be required to enable the Contractor to proceed with the construction of the Works with due despatch in accordance with the said programme or proposals (as the case may be). If the Contractor suffers delay or incurs expense from failure on the part of the Government to give possession in accordance with the terms of this clause the Engineer shall grant an exlension

- 16-

,~

,.r time for' lhe C0mDi>::~;on .t' t~,e ,"'or'~s and ceruf'.' c
L

such sum as In his OpHI100l shail ~e (31r la

cover tM expense lIicur'red which sum sk~1I be paid by the G0vernment

\IIayleaves.

etc.

(2) The Conl/'actor siul1 be,H' ail expenses and ChargE'S for spwal or t~mpor3r'Y ,yayle.h'es r6ljlj\t'ed b't him In conriectlon with access to the Site, The (enLI'3Cle,r sldl ,1iso ~'r'('vi,je "t hiS (-'~'nC)st Jnl ."dd!li::>nal 3ccomm,l,ja(;on tne purpose of tr;e "',1or'ks, Time for Completion. before statelj within ClJuse to any requirement in the Specification as to completion o( any pC'ortionof the W(,r~s completion of the whole the whole of the Works shall be completed wiL'"Iin the time in the le neer calculat6d f['(lnI the last cay o( trle period narr,ed in the Terlaer JS that w~Jich the \Yorl:s are to be commenced or such extend<.'d time ;;s may be a!1c,wd under 44 her'eor, 01'k o( drl'l kir,j or ,)lher spec!JI ci!'cumstJrlces outside tM Site r~q:,Jir:"d ~y him I',:r

43. Subject

Extension of Time for Completion. 44. Should the amounl of extra clr ad,jilio~JI
~,:1Y ~ind Wli3tsoever

(;C

e,lt:nslo~

whiCh rn.-:y ,xc!Jr be such as fai!'ly to entitle the Contr,1Ctc,r to ~1!1 0[ Urrie rOI' tt',e cc,m~;dioi\ (,f lne,."ork lhe En~lne.;r shJiI determine tr,e ~mO\Jnl or

th?t lh~ Er'j9iii~fi' IS rCit bJcnrj to t3ke :i",to :~1ccourJt 2.:r., ,~>:tr3 Cir' additional , .. . cl'k or olher special ci!'cumslal':Ces unl>::ss Lt'i8 Contractor has within 23 dJ',s ~:{ter such w('lr}; has t'f.e" ((,mI11;-i':cej or such cir'cumstJlC2S h3ve arisen Cl' 25 S0':':1 su::h e>:~en31CJn. Pr:)vided

thereafler' as IS pradicab:e deiiver"j to thE:: Engineer's Re~,re:,entative full and ~r;t,11ie:j particular'S of Jr.y cL.:im to extension C>f Ume to which h:: may cc.nsicer r,Lllse!( ei'1tiUeC:in or'Ger that such claim may be :rr'.'E:sUgald at the tin1:, No Night or Friday Worl::. 45. Subject to any provision lo lhe contrary contained in the Contracl none of the perma.,ent work shall SJve as herei:::.1i'ter provided be carried on during the night or on Prideys without the p8rmission in ',',,'iling of th'3 Engineer's RepresenL:;U',:e save when the work is unaVOidable or absolutely neces:3ry (or the savinq o(Wb Or' Drooerty or for the 3ar~ty or the Works in which case lhe Contractor shall imrns,jiJtely advise the Enginser's Re;:Jresenlative, Provided always that the provisions to carry of this clause oul by rollry
51':::111

not be J~p!icJb!e in

L.'1e case of any work which il is customary

or double shifts,

Rate of Progress.

46.

The whole of the materials plant and labour to be provided b'llhe Contractor uncei' Clause S hereof and the mode manner and speej of execution and maintef',3nCe of the Wor'ks are to be of a kind and conducted in a manner to L.'1esatisfaction of the Engineer, Should t.r.e rate of progress of the Works or an'l part thereof be at any time in tne opinion of the Er,9ineer too slow to ensure lhe completion of the \'1orks by the prescribed time or extended Ume for completion the Engineer shall so noU(y the Contractor in writing 3nd the Contractor ~hall thereupon take such steps a5 the Cont.ractor may think necessary and the Engineer may approve to expedite progress 50 as t.o complete t.he Works by the prescribed time or

, exlended Lime for completion. If lhe work is not being carried on by day and by niqht and the Contractor shall request permission to work by night as well as by day then if the Engi:1ser srlall C]r'ant such per'mission lrle Contrad':,r shall not be enUUed to any additionJI paymenl for
:Ci do:ng but if :'JCh permiss;c.n shall be ref'Jsed and there shall be ~I() e~:ji'l:::e:,t :)i"?ctic;;b:e rr',elho,j of e>:pediling lhe progress (If the work the lime ror con"pieUon shail b>3exti:i1ljed ~y such periOd ilS is solely aUl'lbutable to such refusal. ,Ji.,!1 work at night shall be carri::d out wit.hout unl'easonable noise and disturbance, The Cor,traclor shall indemnify L"le Governmer,l

from and against zny liability for d;?r.l:,Jges account of noise or oLher di::t'Jrbance cr:,:.ted en while or in carrying out the work <3nd from and Jgainst all claims demands proceedings costs ch3rges and expe:1se-swh3tsoeVer in rel};:rd or in re\;;ticn to slJch liability,

Penalty

for Delay.

47. (1) If the Contractor shail hil to complele the Works within the lime prescribed by Clause 43 hereof 01' exlended lime lhen Lhe Contractor shall pay la the Government the sum stJted in the Tender as a penalty for such de(Jult (or every CJY or part of a day whIch shall elapse between lhe time prescribed by Clause 43 hereof or' er.lended time as the case may be arid the d3te of complelion of L~eWorks, The said penalty Sh3il be p3Y3ble without notice or recourse to legal procee.din'js and

17-

wlth0Ut having to establish ascertained. The Government amount of such penalty I!~yment or deducUon cOinplele the Works 01' The imposition Reduction

that

damage was

sustained

which

shall

be considered

as

may without prejudice to any other method of recovery ce!juct the from any monies due or which may become due la the Contractor. The of such penillty shall not relieve the Contractor from obligation to from any other of his ob:i~3ti(Jns and liabilities under the Contract. of such penally shall nol prejudice lhe Government's right of

ccmpens3tion for any other damages sustained by it. of Penalties for Delay. (2) If befoe the comlpletion of the whole of the Works 3ny part of the Works has been cedified by the Engineer 3S compleled pursuant to Clause 48 hereof and occupied or used by Lfle Gowrnment the penalties for delay shall (or any period of delay after such cerlification be reduced in lhe proportion which the value of the p,wt so certified bears lo tt'le '/alue of the whole of the Works, as frclm the date o( completion or occupation of such parl.

Consultants

Fees for Delayed Completion. (3) In 3ddition to the Penalty for delay as described in Clause 47 hereof L~e Contractor ',vill be liabie (or the full costs of any additional fees payable by the Government to any C:jnsultants engaged by the Government r'or this Contract and which are paY3bie as ;) res~!t of the Contr3ctor failing lo complete the Works wilhin the lime prescribed by Clause 43 hereot' or' any extended lime 9ranted under' Clause 4-4 her'eor. The Government may without pr'ejudice to any other method o( recovery deduct the amount of such damages from any monies in its hands due or wtlich may become due to the Contractor. The payment of such costs shall not relieve the Contractor from his obligations lo complete lhe "'1orks or from

Certificate

any olher of his obligations and liabilities of Completion of WorKs.

.under the Contract.

48. As soon as in the opinion of the Engineer the Works shall have been substantially completed and shall have satisfactorily passed any final testthal may be prescribed by lhe Contract the Engineer shall on receiving a written undertaking by the Contractor to tinish any outstanding work during the Period of Mainlenance issue a Certificate of Completion in respect of the Works and the Period of Maintenance of the Works shall commence from lhe date of such certificale. Provided that the Engineer may give such a certificate with resped to any part of the Works before the completion of the whole of the Works and shall upon the written application of the Contractor give such certificate with respect lo any substantial
c

part of the Works which has been both completed to the satisfaction

of the Engineer and

occupied or used by the Government and when any such certificate is given in respect of a part of the Works such part shall be considered as completed and the period of Maintenance of such part shall commence from the dale of such. certificate.: Provided also that a Certificate of Completion given in accordance with the foregoing provisions of any part of the Works occupied and used as aforesaid shall not be deemed to certify completion of any ground or surfaces requiring reinstatement unless such certificate shall expressly so stale.

MAl NTENANCE
Definition of Period of Maintenance.

AND DEFECTS.

49. (1)

In lhese Conditions the expression 'Period of Maintenance" shall mean lhe period of maintenance n3med in the Tender calculated from the date of completion of the Works by the Engineer in accordance with Clause 48 hereof or in the event of more than

certified

one certificate h<Jvingbeen issued by the Engineer under the said clause from the respective ,jates 50 certified and in relation la the Period of Mainlenance the expression "the \'/orks Execution shall be construed accordingly. of War" of Repair. etc. (2) To the intent that the WorKs shall at or as soon as practicable after the expiration of the Period of Maintenance be deiiver'ed up lo the Government in as good and perfect a condition (fair wear and teJr excepted) t.o L~e satisfaction of the Engineer as that in which they were at the commencement of the Period of Maintenance the Conlractor shall execute all such work of repair amendment reconstruction rectification and making good of defects imperfections shrink ages or other faulls as may be required of the Conlrador in writing by

- 18-

lrle Enq:r.eer during the Period of 11aintenance or wIthin fourteen

OJYS

after Its expiration

as

a result of ~n inspecllon made by or on behalf of the Engineer prior to its expiration

ost of Execution of \lIork of Repair. etc, (3) All such work shall be carried
ncc8ssIly thel'eof

out by the Contractor at his own e\(\ense If tne shall in the opinion of the Engine.;.r be due to the use of m"ter'\"ls or'

workrr.ansf,ip not in accordance with the ConLract or to neglccL or fallure on the par't (If U'I~ Contractor' to comply with any obligation expressed or implied on the Contr,iCtor's part under the Contract. If in the opinion of the Engineer such necessity shall be due to any oU',er cause the value of such work shall be ascertained and paid for as if it were additional wOI'k.

Remedy

on Contractor's
(<-l)

Failure

to Carry

out Work Required.

required by the Engineer

If the Contractor

shall fail to do any such Ylork JS aforesaid

the Government shall be entitled to carry out such wor'k by its own workmen or by other' contraclors and if such work is work which the Contr3ctor' should have carri~d out at the Contractor's own cost shall be enUUed to recover fl'om the Contr3ctor' the cost ther'ear or m,3Y deduct the same from any monies due or that becume due to the CcnLr3Ltor, Contractor to Search.

50.

The Ccntraclor shail if requir'ed by the Engine.;r in writing Search fci[' the cause of ~ny defect ;~;.ei'f::cUon or fault und:-r th~ dij'ectiGns of the Engineer, Unless such cefect imperfection elf' fault shail be one for which the Contractor is liable ur.der' the C'Jnlr'act trle cost of the work

c;:':'ied ,iut by the Contractor' in searcr:ln'J as aforesaid

jut if such defect imperfecLion
;;(orssaid

Sh311be tMr:e by the Government. or fault shall be one for which t.he Conll'3ctor is iiable as

the cost of Lh~ \1'ork (Jrried Oljt In sc3rc.hing 3S ,3(oresdid Sh311 tn~borne by th~ Conu'3ctor arid he shail in such case r'8pail' rectify Gnd m,lke good such dc(('cl imperfE:cUon 01' f:lult 3t his own expense in accordance with the provisions or C!3use -19 rlereof.

ALTERATIONS
Variations.

ADDITIONS

AND OMISSIONS

51. (1)

The Engineer shall make any variation of the form quality or quantity of Uie ''.'/I);'ks or 3ny p:;r't U'lereof that m-ayin his opinion be necessary and (or th,~t purpose or if for 3ny otller reason it 5h311in his opinion be desirable shall have power to order the Contrador' to do arid the Contractor sh<?ll_doany of the following:
.
-

(a) increase or'decrease (b) -omit any such wor'k,

th_eqlJanuty of any work included in the Contract,

(c) change the character or quality or kind of any such work. (d) change lhelevels lines position and dimension_s of any p3rt of the Works and (e)execute additional work of any kind necessary for the completion of the Works., and no sud-;;/a~ia.lionshall . Contrad price... ", . in any way vilia~eor.invalidate ' .- _ ,the Contract but the value

(if any) of such variations shall be taken Inlo account in ascertaining the amount of the Orders for Variations
(2)

to'be

In Writing.-

.
without an or'oer in writing of lhe

No such variation

shall be made by the Contractor

E,,'~ineer, Provided also that if for any reason the Engineer shall consider it desirat!e lo l~iV8 any SJCrl order verbally the Contractor shall comply with such oro81' Jnd any ccnfil'rr,aticn in writin'~ of such verbal order given by the Engineer whether before or after the carrying out of trle order shall be deemed to be an ordel' in writing wiL'1in lhe meaning of this clause. Provided further that if the Contractor shall connrm in writing to L'1eEngineer any verbal order of the Engineer and such con(ir,nai.ion sh:::ii not be contrJdicled in writing by the Engineer it shall be deemed to be an order in wrillng by the Engineer,

Valuation

of Variations. (3)
The Engineer shall determine the amount (if any) which in his opinion should be added to or deducted from lhe sum named in the Tender in respect of any extra or additional work done or work omitted by his order. All such 'Nork shall be '/Jlued at the rates set out in th~, Centrad if in the opinion of the Engineer the same shall be applic3ble. If the Contract. shall not contain Jny rJles applicable to the extra or additional work then suitable prices sh,~1lbe agreed upon between the Encineer ~",j th", C('1r'1tractnr. !n !~I<>",.'ort ('If cj:::3cr~.~":,:-,,t If,,," Engineer shall fix such prices as shad in 'liS opinion De reJsonaDle and proper,

- 19-

Power

of Engineer

lo Fix Rales.

(4) Provided that If the nature or amount of any omIssion or addlUon relative to the nature or smount of the whole of the contrad work or to any part thereclsrlall be such that in the opinion of the Engineer the rate or price contained in trle Contract for' any Item of ltle Works is by reason of such omission or addition render'ed unreasonsble or inapplicable th~n a suitable rate or pr'ice shall be agreed upon between the Engineer and the Contr~lctor. in the event of disagreement the Engineer shall fix such other rate or price as sh311in his opini0n be reasonable and proper having regard to the circumstance. Provided also that no increase of the Contract Price under sub-clause (3) of this

clause or var'iation of rate or price under sub-clause (4) of this clause shall be made unless as soon after the date of the order as is practicable and in lhe C3se of extra Cf' additional work before the commencement of the work or as soen thereafter 3S is practicable notice shall have been given in wf'iting : (a) by the Contractor to the Engin~er of his intention varied I'ate or (b) to claim e~tra payment or a

by lt,e Engineer lo the Conlr:3Ctl'r' of his int:nticn to v3ry a rate or price as the case may be.

CLAIMS
Claims.
52. The Contractor shail send to the Engineer once in every month a:1 account giving paf'licuiars L;5 full and detailelj as possible) of all claims for ,:ny 3!jdltional expen::e to which the Contractor may consider himself entitled 't'1'hichhe has executed during the precfding month and no d?im for payment for any such work will be considered which has not beer: inc!ulJed in such particulars. Provided always that the Engineer shall be entitled to auL'1orise p3ymentto be made for any such work notwiUistanding the Contractor's failure to comply with thiS condiUon if the Centractor has at the eaf'liest pr'3cticable oppor'tunity notified the En9ineer that he intends to make a claim for such work, .

PLANT
Plant Definitions.

TEMPORARY

WORKS

AND MATER I ALS

53. (1)

For the purpose of this clause : (a) The expression "Constr'uctional

Plant"

shall

be deemed

to exclude yehicles

engaged in transporting any plant equipment or materials to or from the Site. Cb) The expression "Essential Hired Plant" shall mean all Constructional Plant Temporary Works and materials for Temporary Works the withdrawal of which in the event of a forfeiture under Clause 63 hereof might (haYing regaf'd to the methods of construction employed prior to the forfeiture) endanger the safety or stability' of or result (n serious disturbance to the execution of any part of the Works and which are held by the Contractor urider any agreement for hire thereof. CC) The expression "Hired Plant" shall mean any Constructional Plant Temporary \'1orks and materials for Temporary Works (other than Essential Hired Plant) held by the Contractor under any agreement for hire thereof, (d) The expression "agreement for hire" shall be deemed not to include an agreement for hire purchase, (e) The expression Temporary "Hire Purch,1se Plant" shall mean any Constructional Plant Works and materials for' Temporaf'Y Works held by the Contracter

under an agreement for hire purcha=e ther~or.

Ownership

of Plant

Brought

to Site.

(2) All Constructional Plant Temporary Works and materials owned by the Contractor or by any company in which the Contractor has a controlling interest shall whE:n brouljht on to the Site (or in the case of Hire Purchase Plant on the Site on its becoming the property of the Contractor) immediately be deemed to become the property of the Government.

Conditions

of Hire of Certain (3)

Plant.

With a view to securing in the event of a forfeiture under Clause 63 hereof lhe continued avail3bility for the purpose of executing the Works of any Essential ~ired Plant or Hired Plant the Contractor shall not bring on to the Site any Essential Hired Plant or Hir'ed Plant unless the agreement (81' rdre thereof contains:) provision that lhe owner t~;ereof will on request in writing made by the Government within seven days after' Lhe date on which any such forfeiture hc1S become effective and lhe Goverment undertaking lo pay all hire charges

- 20-

'1

in respect thereon from such date hire such Essenlial Hired Plant or Hired Plant to the Government on the same terms in all respects as the same was hired to the Contractor sa\'e that the Government shail be enlitled to permit the use thereof by any other contractor employed
QY

him for the l)'Jf'pOSeof completing

the Works under the terms of the said Clause

63.
Cost for Purposes of Clause 63. (<-i) In the event of the Government entering into any agreement for hire of Essential Hir'e.d Plant or Hired Plant pursu,~nt to the provisions or sub-clause (3) or this clause illl sums properly paid by the Govemment under the provision of any such agr'eement and all expenses incurI'ed by him (Including sUrnp duties) In entering Into such agreement shJl1 be deemed for lt',e pUI'pose of Clause 63 hereof to be p;.wt of the cost of completing the Works. ContrJctor's

(5)

CertirIcate as to Hiring Provisions. The Contractor shall upon r",que-st made by the engineer at any lime in relation to any Item of Essential Hired Plant 01' r,:rd Plant forthwith notify to the Enginee/' in writing lhe lhei'eof and shall ce;'lify chat the Jgreement f,~r the hir~

f1611\e and 6ddress of the O'M\cl'

thereof conUns a provision in 3ccordance wiU) U';e l'e'~ljjr'8irienl3 o( sub-clause (3) 'J( ~hi5 clause. The Corllractor si~311di::,o upon r'equest 35 JforesJjl) 9iVi: .3 iike i'i0Uficatioil ,Dul witMJl certificGte) in l'e9ard lo any :~ire Purcr,358 P!Jnt. T!ie Cantl'Jctor 511311lso :.;~':)n J I'equesl made by the Engineer' pl'C1videthe EngineE:i' wi th 3 tnJe copy or such agr'eer:"',ents. Hire Purchase

(6)

by Government. Payments The Government shall in oreel' to avoid 5.::i;::Jie by the o't',ner of any ES'se~IUalHired
PlJrch~~se P13ill be ~n(it:ed to pay to such oy'(n,~.r the Jn~l)unt of j"ela~ing
c.G'I

Pl?nt or Hire

0\'.~r':ju~
till:::

iiist31rrlent or o~rler' SUfn paYdbla lJr!d~r

~:n/ 39recmt.nt

lo

such Plant i3illi in

&V6r,t

of his doing so any amount so paid by him shall be a debt due from the Contr:dor lo the Government and may be deducted by the GOYernmerlt (rom any ri'ionies due or that nWI be.ccme due to the Contractor under the Contr<:ct or m?'( be recovered by lhe GovernmEnt from the Contractor <it law. Irremovability of Certain Plant. (7) t'lo Constructional Plant Temporary removed from the Site without the written unreasonably wilhheld \l/orks or materials 01' any part tj,ereof shail ~e conssnt of the Engineer which consent shall ;Jot be required for tha purposes of

wher'e the same is no longer immediately

completion of the Work.s but the Government wiII perii\itlhe Contractor the exclusive 'Jse ')f all such Constructional Plant Temporary Works and m3teria:s in and for the compieUon of the Works untillhe Contractor occurrence of any event which gives the G0vernment the right to =xc!ude Uoe of the Works. from the Site and proceed with the completion

Re-vesting (8)

Removal

and Failure

to Remove

Plant.
Plant Temporary

,
Works or materials as ha'/E:

Uponremo~al of any such Constructional

been deemed to become. the property of the Government under sub-clause (2) of this clause with consent as afor-esaid the propel'ty therein _shall re-vest in the Contractor and upon completion oC the Works the properly in the rerr.ainder of such Constructional Plar,t Temporary Works and malerials as aforesaid shall subject to the provisions of Clause 63( 1) hereof re-vest in the Contractor who shall remove ll"n;! S3me togeth2r with iiny Essenti31 Hired Plant Hired Plant and Hire PUI'cnase Plant. If the Contractor shall fail to remove any Pl~nt Ten)pc;f"~ry \I/crks or materii3ls 3S 3foresaid or any Esse-nU;:.l Hire~j Pl~1nt \ Hired Planl or HiI'e Purchase Plar,l within such reasonable time after completion of t.hE:'hl'l:'s
Construction31

as may be allowed by the Engineer L"len t.he Government may (a) sell any such Constructional ?Iarlt Temporary V/orks and malerials
and

as aforesaid.

(b)

return

at the Contr.Jclor's

expense to the per'son firm

or company rrom whom

any Essential Hired Plant r!ir'ed Plant or Hire PlJrchase Plant was held by the Contractor such Essential Hired Plant Hired Plant or Hire Purchase Plant. and after deducting from any proceedS of sale L"le costs charges and expenses of and in connection with such sales and of and in connection with return as aroresaid shall pay the balance (if 3ny) to the Contr:Ktor but to the extent thc.t the proceecs of any sale are insufficient lo meet all such costs charges and expensas the excess shall be a debt due from the Contractor to the Government and shall be deductible or recoverable by lhe Government
,"'
.. ..4:' ~:

vc~v;"<l~~i.j;/

'::"i"6~":;':.

- 21-

liabilily

for Loss or injury

(9)

lo Planl.
to any of the

The Government shall not at any time be liable for the 1055 or injury

Constructional Plant Tempor3ry Works or materials which have become the properly of the Government under sub-clause (2) of this clause save as mentioned in Clauses 20 and 65 hereof. Incorpor3t!on (10) of Clause in Sub-Contracts. The Contractor sh311 when entering into any sub-contr'act for the execution of any

p,;rt of the Works incorporate in such sub-contracl (by reference or otherwise) llle provisions of this clause in r'elation to Constructional Plant Temporary ''1orks and mater'ials Essential Hired Plant Hired Plant and Hire Purchase Plant brought on to the Site by the sub-contractor' . Approval of Materials. etc, not implied. 54. The operation of Clause 53 hereof shall not be deemed to imply any approval by the Engineer of the materials 01' other matters referred to therein nor shall it prevent the rejection of Jny such materials Quantities. at any time by the Engineer.

MEASUREMENT
,55. Except as provided for under Clause 51 hereof lhe quantities set out in the Bill of Quantities are to be taken to be the actual and correct quantities of the Works to be executed by the CC:ilr.3ctor in fultllme:it of his obligatior'3 under lhe Conlract' Any error in or omission from t!!e Bill of Quantities sh~11not in any W3Y vitiJte or inv~lid3te the Contr3ct ne,r be 9rour,'~5 Variations fer adjusting the Contract PI'ice. etc. to be Measured.

56. (1) The Engineer shall ascertain by admeasurement or other' means the value in accordance with the Contl'act of work done or omitted as provided (or under Clause 51 hereof. He shall when he requires authorised any part or parts of the Works to be measured give who shall forthwith atten,j
Or'

notice to the Contractor's

agent or representative

send a qualified agent to assist the Engineer or the Engineer's Representative in makinqsuch measurement and shall furnish all particulars required by either o( them. Should the Contractor not attend or neglect or omit to send such agent then the measurement made by L~e Engineer or approved by him shall be t3ken to be the correct measurement o( the work. For the purpose of measuring such permane'nt work as is to be me3sured by records and drawings the Engineer's Representative' shall prepare records and drawings month by month of such work and the Contractor as and 'when called upon to do'so in writing shall within 14 days attend to examine' and agree such' records and drawings with Llie .Engineers Repr'esentative and shall sign the samewnen so ~agree'd' and the Contractor does not so

if

, 'attend to examine and' agree any such records and "dr"awings" they' shall be. taken to be correct. If after examination 'of such records and drawings the Contractor does not agree the same or does not sign' the 'same as agreed they shall nevertheless be taken to be correct unless the Contractor shall within 14 days of such examination lodge with the Engineer's Representative for decision by the Engineer notice in writing be incorrect. ' of the respects in which such ' it necessary the records and drawings are claimed by himto Foundations. (2) In the case of foundation Contractor shall before the surface

worKs or whe.re the En9inei?.r considers of any portion

of the o;round is interfered

with or the

work is put in hand in conjunction with the Engineer examine the Site Jnd lhe plans and sections of the work and lake such additional levels or other measurements as may be necessary and shall agree as to the surface levels elc. with the E:igineer" Such agreer.;ent shall be recorded in writing and shall be signed by the Contractor and by the Engineer. of Measurement. (a) The Bill of Quantities have been prepared generally in accordance wit.h the S1.3ndard Method of Measurement Works dated 26th February 1973 (25th Muharram 1393) by the Director of Engineering Ministry of Public Works State of 03tar but nothin9 contained in the Bill of Quantities shall override modify or affect in any way whatsoever Condi lions" (b) the a~plication o( interpretation of that which is contained in these any <;eneral or local custom in tha Contract.

Method

57. (I)

The Wor~s shall

be measure<j net n~,twithstanding specit"ically

e;.;cept where olherwise

described or prescribt:d

- 22-

(t",.le: Delete either sub-Clause (a) or (b) 35 U-,ecase may require).

Dayworl:. (2) in respect of all Daywork t~,e Contractor

(a)

shall :

fUini::h to the Engineer such receipts or other vouchers as may be necessary to prove the arou:-,ts ~,aij and before ol'd.;,ring materials shJl1 submit to the Erllj:ne"'I' dUI'ing the c\.)nLinuJnce or such w(wk deiivel' each dJY to the En9ir,.;-rfs Re;:>restntat;ve ~n ex:;ct list in duplicate of the n3~es occuP3tiC:1 a:id tirr.e (If c:!l workmen employed on such work and a statement also in duplic3te showing the description and quantity of all materials and plant used thereon or therefor (other th;,n pl,lnt which is included in the percentage 3ddition in accol'cance with the Sch2.d:J:e ~ieiejnbef::we refer/'ed tl)l. O:ie copy of each list and stJten~ent will it' COrf'8ct Of' when JIJI'eed be signed by the Enginee(s the Contractor. Representative delivel' to and returned to

(b)

(c)

At

the

end ot' e,1Cr\ m(,[)lh

Cl

the

CLlntl'"ctLlr

skill

Lhe EIi9ir'~c(5

R~pre3e.')l,~t:\'e af.:wes3i,j) \Js.;d. Payment for Daywork.

priurj

s13tern8nt

or the 1,1:;our m<?terj,~] and ~d3nt (e!,c:-~!t

,1~

(3) The CC'l:LrCictor shall not be t:nlitled

re:err9lj

lo any payment

unless all lists

and st"t",ments

to ;n 5ub-cl~~u:e(2) htre have bee;l r~lly

3nd punctu;?l!y r';;.ndered. ?rc'ljGe~

~~ht:~~\r3

tr,at if Ltle Er'IlJineer' shall c0~,s\dt:I' U'"it t-,:." ,"'y l'e330n U-ie sendin~ ot' such :ist Jr' sl:3tement by [t'.e C)ntr,Ktor in acc:)rdance with the t'ci'egcdng proviSions was impr'3ctic3tde he Sh3!1 r,e','erti"lI:dess be entitled to authorise Da';'iTIent t'or such work eiL~H~"as daYYlork (0:) teiJ\9 satisfied ther'8for as to ~he time employed ,~ndpl;;lnt ilnd mderials as shall in his op\nL)n be fair an,j reason3b!e. used on such w:rU er' "t such ','jJue

Note: Monthly

Clauses 58 ~ 59 deleted.

CERT I F I CA TES AND PAYMENTS

Statements.
(1) The Contr;::ctor' shall 3ubrni t to the Engiroeer at the end of each month J st<:ternent in the form approved by the Engineer sho't(ing the amounts lo which lhe Contractor' may cor.s:cer' hirr.se! f enti tied up to the end 0( the month in rssj)ect of : (a) The estimated value in a,:cordance with the Contract of the p8rmanent work (b) executed on the Site and forming part 0( the "yorks. The estimated value in accol'dance with the Contr3ct the permanent work permanent wCI'k. (c) (d) supplied by the Contractor or any material3 (In Site t'c.r in tt,e

60.

bul not y:>t incorporated

Payments on account of such items in the Bill of Qu:;ntities not included und~r (a) or (b) above. Any other sums or charges to which the Contractor under the terms of the Contract. may consider himself entitled

Monthly

Payments. (2) The Engineer shall after

Certific3te payment to the Government to the Conlr3cll)r

examining 83ch such monthly statement issue an Interim ',vith copy to the Contractor certify!n'] the amount of
Cl

which the En9ineer shall consider' due ,md paY3bie in aCCOrd3i'.c:~

'uith lhe terrr.s of trie Contract, subject. lo Lhe reler1~jcn of t.h~ Percentage of ~et:::-.tion stated in the Tender unli! the amount S,) I'etairlad reaches the limit of Retention t10ney stated in the Tender provided LtJilt the Engineer shall not issue an interim Ceitificate if the 2mcant thereof would be less than the minimiJm amount of interim Certificate slated in the Ten:jer 3ftel' deducting retention money and .;.ny s:Jms which 3re due and payable to l~re Go'.'ern;y)o;'nt t.y the Contl-actor in terms of the Cor.tr~;ct.

Payment

of Retention (3) Retention

Money.

Money at the rate of 10? shall be wilhheld from all interim p,l'frnenl certificates. The Ion Retention Money shall become due and payable la the Con~:'actc,,' ~J;::O;) e>:oiralion or the Period of r1aintenanu: of U-ie whole of the \YOI'KS. Provided that if 3t such

time there shall remain to be execute,j by the Contractc'r any worl; c.rdered pUrS'J,li'.t to clause 49 and 50 hereof in respect of the whole or any pal't of the Works the Go'.'ernrn2nt

:~]~l .~...~~tl:-~ ~ ~?

~'J .",~~.~;~, :_..... ~ .. ~ ... .~ t ,...

1,1 ....

' .....

'

.:

.-.!

Retention Money or such proportion

th8reor as the case may be as sh~11in the (t~,inion cl' the

- 23-

Engineer represent

the cost of lhe work remaining to be executed.

Time of Payment.
(4) Payment upon each of the Engineer's Inler'im Certificate srlall be made by the Government to the Contractor within the lime stated in the Tender after' such cerliricate has been delivered to the Goverrlmenl. Correction and withholding of Certificates. (5) The Engineer may by any Intel'im Cer'tificate make any corre.cti(.n or modification in Jny previous Certificate which shall have been issued by him and shall have power to withhold any Interim satisfaction. Currency Retention Certificate if the WOI'ks or any part thereof are not being car'ried out to his

of Account. (6) All payments will be made in the currency on Sub-Contractors.

of Oat::I'.

(7) The Contractor shall "rply the terms of retention and release all Retention Monies on nominaled Sub-ContrJclor's accounts in the manner set forth in lhe'instructions g:vt:n by lhe Engineer under trle terms of Clause 59. Such inslr'uctions 'tYlll be similar to those s~t r)!~l in sub-clauses (2) Jnd (3) of this clause but rel;3ted lo the lel'ms of the nominat",d sub-ConlrJct in plilce of tr,e tE:rms for this Contract and th~ releJse of ?:::tenlion Mon:es to nomin3ted Sub-Contractors shall nol affect in any way the terms for the release of Reteiltion I-;cr,;es referred ~o in sub-clauses (2) and (3) of this c]'iUse. Accounts. (3) As soon as pos:ible arter the issue of the Certificate \<,IGrks the Contractor or Completion for the whole or the of Final Accour't showir,g in shall submit to the Engineer a statement

Final

detail in the form approved by the Engineer the value in accordance with lhe Contract ef all works executed under the Contract. The Engineer shall after examining lhe Final Account certify to the Government the amo!Jnt of ~aymenl which L'1eEngine:::r shall consider due and payable in accordance with the terms of the Ccntt'act and the Government shall pay the sum 50 certified. Certificate. Approval only by Maintenance 61. No certificate other' than the Maintenance Certificate refer'red to in Clause 62 her'eof 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 the due performance of the Contract or any part thereof or of the accuracy of any claim or demand made by the Contractor'
01' of adei tional

or varied

work having been ordered by the Engineer nor shall any other prejudice any of the powers of the Engineer. Maintenance Certificate .. . 62. (1) The Contract

certificate

conclude or

shall not be considered as completed untii a Maintenance 'Cedificate

shall

have been signed by the Engineer and delivered to the Government stating that the Works . have been completed and maintained to his satisfaction. The Maintenance Certi fjcate shall be given by the Engineer twenty~eight days after the expiration of the Period of Maintenance (or if diferent periods of Maintenance shall become applicable to different parts of the \'/orks the expiration or the latest such periOd) or as soon thereafter as any works ordered during such period pursuant to Clauses
<19

and SO hereof

shall

have been completed

to the

sjt::faction of LC)e EngineE:r and full effect shall be given la this clause notwithstanding any previous entry on the WorKs or trle taking possessi0n working of using thereof 01' any part thereof by the Gover'nment. Provided always. that the issue of the Maintenance Certificate shall not be a condition of the retention money in precedent to paymenl to LfJe Contrac tor of the second portion accordance with the conditions set out in Clause 60 hereof. Cessation

of Governments Liability. (2) The Government shall not be liable to the Conlrador for any malleI' or thing arising out of or in connection with the Contrad or lfre execution of lhe Works unless lhe Contractor shall have made a claim in writing Certificate under t..'1isClause. in respect thereof before lhe giving of the r1aintenar.ce

Unfulfilled

Obligations.

(3) Nolwithstanding
sub-clause obligation incurred

the isslJe of the Maintenanc:J Certificate Lhe Contractor and (subjecl to (2) of this clause) the Government s!)all remain liabla for the fulfilment of any under the provisions of the Contract prior to the issue of the Hainlenance

- 24-

Certificate

which remains

unperformed

at the time such certificate

is issued and for the the Contract shall be

purposes of determining lhe nature and extent of any such obligation deemed to remain in force between the parties fler:to.

REMED I ES AND POWERS

Forfeiture. 63. (1) If the Corltraclor
shail [H::come bankrupt or Ila'/e a re.ceiving order m.lde against him or in b;;nkruplcy or stlall make an ar'rangement Wilrl or asslgi,rrlenl in

shall present his petition

favour of his creditors or shall agree to carry out the Conlr'acl under a committee of inspection of his credilors or (being a corporalion) shall go into liquidation (other than a or if the Conlractor voluntary liquidation for the purpose of amalgamalion 01' reconstruction) shall assign the Contracl with0ut the consent in writing of the Government first obtained or shall have an execution levied on his goods or if the Engineer shall certify in wriling to the Government that in his opinion the Contractor :(a) has abandoned the Contract or (b) without re.~sc.iiable e>:euse has fa!!ed to commence the V/orks or has suspended the pro91"ess of the Vior'ks fOI' 28 days after receiving from ttle Erlgineer written nolice to ;Ji'OC eed or has failed to remove moLerizis fl'om lhe Sile or to pull down and l'l:'place wOI'k for 28 days after r~cejving from the Engineer written notice l~16t U",es~jd ~:~te:ri;.:ls or wot'k had been concc:mned and rejected by the En'jineer under the~,e conditic:;.s c.1' (d) is not executing the \"/orks in s(:ccrc3nce
(e)

(c)

with

the Contract

or is persiste;lt1y

or

flagrantly nt.giecling to carry out his obligations under [t",e Contr:1ct or ho5 to the detriment of 900d workmanship or in defiance of the Eng;neer's instructions to the cor;lrar'y sub-let any pal't of the Contrlact.

to the Contractor enter then the Government may after giving 1 L1 days' noUce in writing upon the Site and the V/orks and expel the Contractor ther'errem without thereby avoidil~9 the Contract or releasing lfii~ Contractor' from any of his oblig~tion5 or li,~bililie5 un,jei' the Contract or affecting the rights and powers coM erred (In the Government or tiie Enginetr b,' the Contract and may himself complete the \Jior~s or may directly employ any olf:>;;, contractor to complete the ';,torks and the Government er such other contractor may use for such completion so much of the Constructional Plant Temporary works and materials whicrl have been deemed to become the property of the Government for the construction and completion of the Works under the provisions of the Conlract Works and unused materials and apply t~e pi'oceeds or sale in as he or they may think proper Plant Ternp:;rary t.he sztisfact:on or and the Government may at any lirne sell any of the said COf'\struclional

(I:

towards

any sums due or which may become due to him from the Conlracter

under the Contrad,

Valuation

at Date of Forfeiture

..~ (2) The Engineer shall as soon as may be practicable after any such entry and expulsion by the Government fix and determine exparte or by or after reference to lhe parties or after such investigation or enquiries as he milY think nt to make or institule and shall certify what amount (if any) had at the time of such entry and expulsion bt':en reasonably earned by or would reasonably accrue to lhe Conlractor in respect of work then actually done by him under the Contract and what was the value of any of the 53id unu5ed or partially used materials any Constructional Plant and any Temporar''f Works. enter and e>;pel the Corltractor under this clause the

Payment

after Forfeiture. (3) If the Government

shall

Goyernment shall not be liable to pay to the Contractor any money on account of [tIe Contract unUlthe e>;piralion of the period of Maintt':nance and thereafter until the costs of completion and maintenance damages for delay in completion (jf any) and all oUler e>:penses incurred by the Government have been ascerlained ar.d the amount thereof cerli fied by the Engineer'. The Contractor shall then be enlilled to receive only such sum or sums (if any) as the Engirleer may certify would have been due to him upon due completion by him after deducting the said amount. But if such amount shall exce::-d the sum whIch would ha'/e beer. payaDie to the Conlractor on due completion by him then the Contractor shall upon demand pay to the Government the amount of such excess and it shall be deemed a debit due by the Contractor'

~(\t~.e GO'l2.:--n;-ne-.-t Urgent Repairs.

-~r:d

:.L:~lt-(~ :- ~.'._: .

64.

If by r'easof'l of any accident or failure or other event occuring to in or in connection With the

- 25-

Works or any' partlhereof Maintenance any remedial Engineer's Representative

eilher during Lhe execution of the Works or during the Period of or other work or repair shall in the opinion of the Engineer or lhe be urgently necessary for security and the Contractor
by

is unable or

unwilling at once to do such work or repair the Government may workmen do such work or repair as the Engineer or the Engineer's consider nece:,sary,

its own or other Representative may

If the work or repair so done by the Government is work which in the opinion of the Engineer Lhe Contractor was liable to do at his own expense under the Contract all costs and charges properly incurred by the Government Lhe Government or may be deducled become due Representative emergency to in so doing shall on demand be paid by the Contractor to by the Government from any monies due or which may the Engineer's of any such

the Contractor. Provided always that the Engineer or (as the case may be) shall as soon after lhe occurrence practicable notify the Contractor there~f

as may be f'easonably

in writing,

SPECIAL
No Liability for War, etc., Risks.

RISKS

65.

Notwithstanding anything in the Contract contained: (]) The Contractor shall be under no liabili ty wha tsoever otherwise condemned

whether

by way of indemni t y (:r (s:lve to work ef any spec:al

for or in respect of destruction of or damage to the v/orks under the provisions of Clause 39 hereof prior to lhe occurrence

risk hereinafter mentioned) or Temporary Works or to property whether of the Government or third parties or for or in respect of injury or loss of life which is lhe consequer,ce whether direct or indirect of war hostilities (wheU,er war be declcred or not) invasion act of foreign enemies rebellion revolution insurrection or military or usurped power civil war or (otherwise than among the Contractor's own employees) (hereinafter comprehensively referred to as "lhe said special shall indemnify and save harmless the Contractor against riot commotion or disorder riSKS") and lhe Go'./ernrnenl ::wd

and from the same and against

from all claims demands proceedings damages costs charges and expenses whalsoever arising thereout or in connection therewith and shall compensale the Contractor for any loss of or damage to property of the Contractor used or intended to be used for the purpose of the Works (including property in transit to the Site) and occasioned either directly or indirectly by said special risks. For the purposes of this clause the expression "Property of the Contractorshall include any plant brought on to the Site by the Contractor the property in of the which under the terms of Clause 53 hereof is deemed to become the property Government.' ' .

Damage lo Works

etc.

by Special

Risks.

(2) If the Works or Temporary Works or any materials (whether for'the former or the lalter) on or near or in transit to the Site shall sustain destruction or damage by reason of any of Lhe said special risks the Contractor shall nevertheless be entitled to payment for any permanent entitled work and for any materials to be paid by the Government so destroyed the cost or damaged of making and the Contractor shall be or good any such destruction

damage whether to the Works or the Temporary Works and of replacing or making good such materials so far as may be required by the Engineer or as may be necessary for lhe completion of the Works on a prime costs basis plus such profit as the Engineer may certify to be reasonable,

Projectile

Missile
(3)

etc.
damage injury or loss of life caused by the explosion or impact whenever missile risks,

Destruction

and where-ever occurring of any mine bomb shell grenade or other projeclile munition or explosive of war shall be deemed to be a consequence of the said special

Increased

Costs

arising

from

Special

Risks.
of or incidental to the cost of reconstructing the occurrence of any the result of or in any

(li) The Government shall repay to the Contractor any increased cost execution of the Works (other than such as may be attributable lo the work condemned under the provisions of Clause 39 hereof prior to special risk) which is howsoever attribulable lo or consequent on or

way whatsoever connected with the said special risks (subject however to the provisions in this clause hereinafter contained in regard lo oulbreak of war) but the Contr;;ctor shall as 500n as any such increase thereof in writing. of cost shail come to his knowledge forUm'ith notify the Engino:er

- 26-

Outbreak

of 'War.

(5) If

during ti,e currency of the Contract there shall be an outbreak of war (whether war is declared or not) in any part of the world which whether financially or otherwise

materially affects the w:cution of the v/orks the Contr3ctor shall unless and until trle Cor,lracl is ler,ninale,j under the fH'ovisions in lhis clause conlained use his besl ende3\iOUrS to complele t":e ei;ecution of lr,e \'/01'1;5 provided always trial trie Gc,'ern:nent sh:;i1 t,e 8nlil1ed at any time ?iler such outbreak of Wilr lo lerminate this Conlract by giving notice in writing to the Contractor and upon such notice being given this Contract shall (save as to the rights of the parties under lhis clause and to the operation of Clause 67 hereof) lermin3le but without L'Iereor. Removal of Plant prejudice to the rights of either party in respect of any antecedent br'each

on Termination.

(6) If the Contracl shall be ter':TIlnated under the pl'ovisions of the last fll'eceding sub-Clause tr,e Contractor shall with all re,~50nat,le despatch remove from lrle Site 311Constr'uctional Plant and shall give similar facilities to his sub-contractors to rernl~Ve slinl1;'1I'ly all COi;stt'uctior:al F:?,,;t b~!o,!?;ng [:) them ar,d in lrle event of any (ailure so to do) the G\wel'rlmenl 5r.all h::.,retbe lif:e 1)('\'{,;:;'s as ;:;iE: (oilt,:ine,j in Clause ::.3(8) herecJ in I'eg".'d to failure lo remclve COiJstruction,,) Plant on cOni;:J)etioli of the Worl;5 but 5ubj:::ct tv the same condition as is conlaine,j in ClaiJ:.e 5::,(9) hEHOf. Payment If Contract Terminated. (7) if the Conlr'act sh;::)i be terrninated Government
p3yrnenls on 3ccount
;:lS

aforesaid
all

the Cc.rltr".:lor
vicr-k ei~ecuLed

sha:l be p,ii,j by the

tiY p:'ior" to t:~e l-L-:lt~ o(

(in :'0 (31 as 5uch ;.~nount5 or" !t~n'15

rn6G6 to tr;B CO~'I~j"'3CtCi") (or

:JI~nncl

h;;ve ;;:r"e6cjy b27:! c0\'eted

ter-minl:ition at the rsles u:d prices provic&d in the Cc:r:tract 3:id in adelton :(a) The "mounts payab:e in r'especl of any prC:!;mii:ary service cornprised therein h35 D=en C3rr ied out items so far as lhE; work ::;1' or per"forrr!ed ~~jd 3 propt:r'

proportion as certified t.y the En9il~(;E:I'of "ny such items the wOi'k er s.::rvice comprisf.d in which h;,;s bi'en [!~::'ti;::liy c;';tTie;j out er per(ol'lned. (b) The cost o( materials or goods reasonably ordered for lhe Works or Te:rrporiiry v/orks which shall have been delivered to the Contractor or of wr.ich the Conti'~ctor is legally (c) liable to accept de!iwry (such materials or goods becomin9 the p:'operly of the Government upon such p?yn-;enl being made by him). , A sum to be certified by the Engineer biOing the amount of 3"y e>:pendi[ure reasonably incurred by l~:2 C:::::tr:;ct;;r in lr;~ e:'pect;.:~icln (If cornp:eting l~:: '''''~iG:e of the Works in so iar 35 slJch e,;perl,jitu"E: shall not ha',',; been c::;;",,,.o C"I lhe
(d)

pc.yments in this sub-c!:,::..'se ~;;f')r2 i;'2;:U(;~:e:j. Any additional sum payzble under the pl'ovi3:orrs of s;jb-clauses this clause. by the Contractor) return thereof to the Contractor's

(1) (2) and (;.1) oi

(e)

The reasonable cost of removal under sub-clause (6) of this clause and elher destination ~t no Vt';3~.:r' cost. The reasonable cost of :'~p;jtr:3t!0n

(if

required

main plant ,'3rd or to any staff and worKmen

(f)

of all the COillractor's

employed on or in connection with lhe Works at the lime of such tern-;:r;ation. Provided alw3)'s that c.9;3i:1stany p.::ymen:s due (rom the Gc\'ernment U:Ij2r' t~j3 ::.;bcl~:',,:.:e the GO'/ernment shall be er,tlUtd lo be credited '''''lth 3ny outst:::ilding bala:>ces cue rror" the Contractor for advance in respect of plant and materials and 6ny sum previ0usly paid by t~e Government to the Contraclor in I'especl of the execution of the Works.

FRUSTR:'\ T! O~~
Payment in Event of Frustration.

66, (1) In the event of the Contract being f;'ustr'ated wl,::ther by ',',ar or othel'l~i5e h('Yisoever
the sum payable by lrle Government to the Contractor' in I'espect of the work executed shi:lI tie tfle same 35 that which ',yould have t'E:E:n pa/,2.ble under ClalJse 65 her'E:of if the COrItr'od lied been terminated under !.he pro ..ds;~:,ricJ Cl:C':5? '.:-5 ':7>->;")(. (2) The Governmenl shall be entitled al Gny lime during the currency to the Contractor
f11;..li..;. ""J';;Jv~lce ~

of the Contract

lo

terminate

this Contract

bygiving notice in writing s~la!1 (s?":f< :1S 10 'h!" r'i,'~)s

and up:)!) such r'l,tice ,r,,'j 'c, ';;.~,,-:I

LG ... ;.; rl'dl.~:. ;

bein~ !;Jiven this Conlracl

pr 'h~ r'2r1i,?S urlc"r 'I,'e C!;<~

tite optr~lioj'1 cd (.:JLJSE: \.)/ j-iCi-t:0:'j, i.(:'-'(d."I.J 8 ~''';''' party in I'espect of any anlecedent breach thereof.

,jj

- 27-

i
(2) On non-availability
of lhe works, wilhin of the required materials or equipment, necessary for the execution Qatar. lhe Conlractor shall ensure lhallhe such materials or equipmenl

are purchasf:d wiHlin lhe CCASG counlries,

(3) On non-availability
lhen the Conlractor counlrles.

may purchase/hire

of the r'equired materials or equipment within the CCASG countries such malerials or equlpmenl from oulside the CCASG provide subslanllalion of his compliance with this Cl(luse if

(4) The Contraclor'

shall

required by the Engineer, (5) On non-compliance purchase/hired with this Clause the Contractor shall be fined 20% of the value of the

ilem purchased from oulside Oalar or' the CCASG countries.

OTHER CONDITIONS
Taxation, Cusloms Duly, Rales and other Charges. 71. (1) The Contractor shall comply wilh lhe Slatules
Ol'dinances Laws Rf;QlJlalions
:lOG

Bye-Laws of Oatar, He shall be responsible for ascertaining the extent and incidence of ?oil ta>:es customs rales dues and all other charges payable in accordance with such Statules Ordinances ther'ewi th, Laws Regulations and Bye-Laws and shall give all notices in compliance

(2) The Conlractor

shall be held to rlilV8 included in the Tender

fcr

the paYiTls"t of all

charges of whatever n2ture required to tie paid in order to comply in all respecls wilh the provisions of the Contract and the aforementioned S~_3LutesOrdinances Laws Regulalions and Bye-Laws, . and L'iings of cvery (.jnd

Constructional Planl, Temporary Works and Maleiials etc. 72. (1) The Conslructional Plant Temporary Works lTi:lterials tri1:isport
. necessary for theconstruclion completion

and mainlenance of the vlorks shall be e;'ecled in

such positions and used or execuled at such times and in such a manner as programme to be provided by the Contractor under CondItions o(Contract or any subsequent modifications

is indicated

in t.he

the t.erms of Clause 1 L1 of these to such programme agreed by the timely and safe execution of "

Engineer and as are most efficient and suitable for L~e proper the Works to be undertakenuncer L~is Cont.rac~ ..

(2) The Contractor

other risks

s~:all be 5c:le!y re5~J,~n5i~le for' t;,;; ~1;'CIV;5'('n sufficiency safety and :.lll and cosls of all the a;oresaid C():-:str\Jct\:;~.al P!3i,t Temporai'( W::,~.5 riI::;Le,'ials adopted by him ior
.. '~';' .;.~;
'''-y'

.. tr'ansporl and things of every kind and for t.hemel.hods execution of the Works in accordarlce wilh the ContraCt ....

the proper

-~. <:":',:.~_ ~ '':~:-;~',) ~l;;~_i ./:;-:1~,.. -~ i.Y ..~ ::-:~;

(3)-

.;

:.',

;.':::

.. :.

The:Contr'actcll"shali

at his own eXDense unless otherwise of '({ale,

spe~ified

make

a1\

his own

arrangements

fer the supply and L~e cisLribullJ;)

fuel light and power ~o 311 point.s

where they are required for all the operations under the Contract and for this purpose he s,ha)! provide and use all the necessary Constructional Plant Temporary Works tJ'a::spo,t materials and t.hings of every kind necessary lo supply ~nd distribule the sup;Jlies to the various parls of the Works includirg also for a satisfactory siJpply of water to the offices camps latrines and other lemporary buildings requiring it and a sufficient supply of drinking waler of good quality for his employees.

(4) The Contractor shall take all risks from water whatever the source or cause may be and shall at his own expense unless otherwise specified so properly deal wilh arid dispose of
water by use of surricient Constructional Plant Temporary Works materials transDod things of every kind as to ensure the whole of the Works being executed in a satisfactory and safe n1"nn'er 'I" ~cco'rdance , .. ,' hIe,l..li::;. "." ,: ,. ::;lllc;.II.::) 0.r le , vviil.l , ,- J.L t , r- - -\, .... a 11I." t', :i..li :;~1".Iil ',. - ,. 'l.,;~ and dry

(5) The Contractor

shall at his own expense unless otherwise

specified provide and maintain

to and about the Site or the 'v/arKs 35 1T13y Dt n:::ce.:iSiWYfor lhe conSLrUClIon <.ifliJ compidlon of the Works or lransporl of labour plant and materials. All of the before mentioned works

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,.,ri!ch may be (cnstruct8d

and in Llse for the \!,1orks generally tM

shall be avail?ble without and otrler contractors

charge fo, trJe reasorlable use of the Government employed by the Government on the SHe.

Engineer

(6) nit ((Intraclc.r sr.,dl c.blain his own infOI'malion with regard to the grantin9 c,f impOI't a:1dexpol't licence's. n,l" Contractor shall bear the e>;pense of and shall o~t;;in ;'111 irnrort and f,,;port licences fClr Constructional Plant mate,ials equipment and other' trlings reauirej f(ir the compHion ai,d mainte~13~Ke of the Works an,j shall t,e deemed to r:?'.e satisfied r:imself with regal'd to all his liabilities under the Statutes Ordinances Laws ~egulalions and Bye-L.:::ws governing the granting of these licences, The Contr~clor shall ensure that applications for import ?onde>:port licences are submitted before the lice~lces

to the ap~,ropriate authol'itiros in sufficient Details to be Confidential.

time to clear all forrnalJties

73. The

Cor:t:,;"~tl)r :.f1,;;1 [;'e.;[

the details

of this Contre:cL as priva:e

and cO:lficerlt;;~1 (s~\'e

insofar (:s rfI:::y be "eces:;",ry

for lr,e purposes he:'eorl and shail riot publish or 0isciose lht

in any trade or technic(:1 paper or elseiyhere 'NitMut the previous consent in wriling of Lhe Government. If a'IY dispute <::':505 6S to the rleces:,:ly of PI' publication or rj!s.clc,s'Jre for the purpose of this Contract the 5?me St'iCll be refe:'I'ed to the decision of the Go"Jf.{"n~I=rit y,'ho:.e 3Yl3rd sh~l!1 be (,insl. sune or ailY p';I't1cu!(:rs lrlereof Bribery
74.

and Corruption.
The GoverllrrleriL sh811 tIe e.rl~iUed l.o ca;-lcel the Corllr'3cl3lid rE:.co'/;r frorn U".8 CCiitrac.t(;r the

8mounl of any loss resulting from such cancellation if the Contractor sha1! have offerd or' given or agreed to give to any person any bribe girl commission or consideraUon of any kind f.S an inducement or rew,:r'd for doing or forbear'ing to do or having done or fortlorne to do to obtaining or e>;ecution of the Contr'ad 01' any other' Contract with Ot rortle~;"jng to shovy' favour or disfavour t.o ~ny per SO;) in relation to trle Conlract or any other contract with the Gove:'liment.
the Governrnent or ror sholvir:g

(:IIY action in relation

Boycott

of Israel.
shall be bound strictly to comply with the rules regul8lions and laws in fo:'ce

75. The Contractor

law

in Qatar relating la the boycott of Israel. to Apply. 76. The Contracl shall be cO;1st.rued and operated and shall be interpreted Law of Qatar.

in accord",,>:e with the

Air Transport.
77, If air travel by persoilnel workmen or airfreight of materials are required in the execution of the Works the following shall apply: (3) The Contractor shall ensure that his personnel and workmen and all othE:r persons in his employment in connection with lhe Works travel on all journeys to and from Doha. Sh3]) also ensure that Gulf Air (0) The Contractor airfreighling (c) Shipping. 78, (l) Priority for shipll;-;nt of goods f-:Ji' the purpose of th!s C":Jfitract srlel1 be gi\'en first Gatar National Shipping Companies and sE:condly lo the United Arab Shipping Company. to to Doh3 of any materials exclusively is on Gulf Air flights for the

t,

used exclusively

and equipment necessary or his compliarlce

for lhe execution of with U'.:s Clause if

Ihe Contractor

shall prOVIde substantiation

required by the Engineer,

(2) Priority shall be giveilto the United Arab Shipping Compar:y on the following condilioils:(a) The U.A.s.C. shall make available to Lhe Contraclor lhe l'eQuired shipping sp?ce 6L the required time in order to insure timely (b) transporl of contract cargo. Freight raLes charged by UAS,C. shall not exceed the freigfll rales charged by other srdpping co:n;nnies servir"J the Arcbian GulF at trle time of shipmsnl

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