470
ATA
472
473
ATs
475
478
48.0
48.4
‘SUB-CONTRACT OR ASSIGNMENT
The Contractor shall not without the prior written consent of the S.O. (which consent shall not be
unreasonably delayed or withheld) sub- contract the design for any portion of the Works under
clause 22 of this Contract. Where the S.0. consents fo any sub-contract under this clause, such
‘consent shall not in any way absolve the obligations of the Contractor under clause 10.
The Contractor shall not sub- contract the whole or any substantial part of the Works without the
prior writen consent of the S.0. (which consent shall not be unreasonably delayed or withheld).
Any such consent, if given, shail not relieve the Contractor from any liability or obligation under
this Contract and he shall be responsible for the due observance by such sub-contractors, of all
the terms, stipulations and conditions under this Contract.
Notwithstanding any sub-contract made pursuant to clauses 47.1 and 47.2, the Contractor shall
be fully responsible for the acts, defaults or neglects of any sub-contractor, including labour only’
‘sub-contractors, his agents, servants or workmen as if they were the acts, defaults or neglects of
the Contractor, his agents, servants or workmen; PROVIDED THAT the provision of labour on a
plecework basis shall not be deemed to be a sub-contract under this clause.
It shall be a condition in any sub-contract which has been consented to by the Government that
upon termination of the Contractor's employment under the Contract, the employment of the sub-
‘contractor under the sub-contract shall terminate immediately. No claim whatsoever shall be
made by the Contractor and/or sub-contractor against the Government for any work done or
materials or goods supplied.
If the Contractor sub-contracts the Works, in whole or in part, to any person without getting prior
written consent of the 8.0. as provided under this clause, the S.0. shall have the right to instruct
the Contractor to torthwith terminate such sub-contract and the Contractor shall be liable for all
costs and expense relating to such termination.
The Contractor shall not assign the Contract or any part thereof, or any benefit or interest therein
or thereunder otherwise than by way of assignment in favour of the Contractor's banker or any
financial institution or Corporation of any monies due or to become due under this Contract
without prior written consent of the 8.0.
DEFECTS AFTER COMPLETION
Completion of Outstanding Work and Remedying Defects
(2) Atany time during the Defects Liability Period as stated in Appendix hereto (or if none
stated the period is twelve (12) months ffom the date of practical completion of the
Works), any defect, imperfection, shrinkage or any other fault whatsoever which
may appear and wiiich are due to materials or goods or workmanship notin accordance
with tis Contract, the S.0. shall issue written instruction to the Contractor to make good
such defects, imperfections, shrinkages or any other faut whatsoever atthe Contractor's
‘own cost. The Contractor shall complete all such works with due expedition or within
such time as may be specified by the 8.0.
(b) Without prejudice to sub-clause (a), any defect, imperfection, shrinkage or any other fault
‘whatsoever which may appear during the Defects Liability Period to be made good by
the Contractor, shall be specified by the S.O. in the Schedule of Defects which he shall
deliver to the Contractor not later than fourteen (14) days after the expiration of the
Defects Liability Period. The defects, imperfections, shrinkages or any other fault
whatsoever specified in the Schedule of Defects shall be made good by the Contractor
at his own costs and to be completed within a reasonable time but in any case not later
than three (3) months after the receipt of the said Schedule. PROVIDED THAT the S.0,
at