(2) when itis delivered to the Site; (0) when the Contractor is paid the value ofthe Plant and Materials under Sub-Clause 8.11 [Payment for Plant and Materials after Employer's Suspension}; or (6) when the Contractor is paid the amount determined for the Plant and Materials undor Sub-Clause 14.5 [Plant and Matorials intended for the Works}. [oe onsite 78 Royalties Unless otherwise stated in the Specification, the Contractor shall pay all royalties, rents and other payments for: {@) natural Materials obtained from outside the Site, and (©) the disposal of material from demolitions and excavations and of other surplus material (whether natural or man-made), except to the extent that disposal areas within the Site are stated in the Specification. Cc jencement, Delays and Suspension a4 Commencement of Works ‘TheEngineer shall give aNotice to the Contractor stating the Commencement Date, not loss than 14 days before the Commencement Date. Unless otherwise stated in the Particular Conditions, the Commencement Date shall be within 42 days after the Contractor receives the Letter of Acceptance. ‘The Contractor shall commence the execution of the Works on, or as soon a is reasonably practicable after, the Commencament Date and shall then proceed with the Works with due expedition and without delay, 82 Time for Completion The Contractor shall complete the whole ofthe Works, and each Section (f any) within the Time for Compltion for the Works or Section (as the case may bo} inclucing completion of all work whichis stated in the Contract as being required {or the Works or Section to be considered to be completed for the purposes of taking over under Sub-Clause 10.1 [Taking Over the Works and Sections a3 Programme ‘The Contractor shall submit an intial programme for the execution of the Works to the Engineer within 28 days after receiving the Notice under Sub-Clause 8.1 (Commencement of Works]. This programme shall be prepared using programming software stated in the Spectfication (ff not stated, the programming software acceptable to the Engineer). The Contractor shall also submit a revised programme which accurately reflects the actual progress of the Works, whenever any programme ceases to reflect actual progress or is otherwise inconsistent with the Contractor's obligations. The initial programme and each revised programme shall be submitted to the Engineer in one paper copy, one electronic copy and additional paper ‘copies (if any) as stated in the Contract Data, and! shall include: (a) the Commencement Date and the Time for Completion, of the Works and of each Section {if any); (0) the date right of access to and possession of (each part off the Site is to be given to the Contractor in accordance with the time (or times) i 2 § § t i i i i i i 46 rine ro17 ‘condiors of Conta fr Costoni 2 § § t i i i i i i stated in the Contract Data, I not so stated, the dates the Contractor requires the Employer to give right of access to and possession of {each part of the Site; (6) the order in which the Contractor intends to camry out the Works, including the anticipated timing of each stage of design (ft any), preparation and submission of Contractor's Documents, procurement, manufacture, inspection, delivery to Site, construction, erection, installation, work to be undertaken by any nominated Subcontractor (@s defined in Sub-Ciause 5.2 [Nominated Subcontractors) and testing; (the Review periods for any submissions stated in the Specification or required under these Conditions; (6) the sequence and timing of inspections and tests specified in, or required by, the Contract; (for a revised programme: the sequence and timing of the remedial ‘work (any) to which the Engineer has given a Notice of No-objection under Sub-Clause 7.5 [Defects and Rejection] and/or the remedial work ff any) instructed under Sub-Clause 7.6 [Remedial Work]; (q) all activities (to the level of detail stated in the Specification}, logically linked andl showing the earliest and latest start and finish dates for each activity, the float (f any), and the ertical path(s); (h)__ the dates of al locally recognised days of rest and holiday periods (if any); all key delivery dates of Plant and Materials; for a revised programme and for each activity: the actual progress to date, any delay to such progress and the effects of such delay on other activities (f any); and a supporting report which includes: (a description of all the major stages of the execution of the Works; (a general description of the methods which the Contractor intends to adopt in the execution of the Works; {i) details showing the Contractor's reasonable estimate of the number of each class of Contractor's Personnel, and of each type of Contractor's Equipment, required on the Ste, for each major stage of the execution of the Werks; (v) fa revised programme, identification of any significant changefs) to the previous programme submitted by the Contractor; an (the Contractor's proposals to overcome the effects of any delay(s) on progress of the Works. os ‘The Engineer shall Review the initial programme and each revised programme submitted by the Contractor and may give a Notice to the Contractor stating tho oxtent to which it does not comply with the Contract or ceases to rofiect actual progress ors otherwise inconsistent with the Contractor's obligations, ithe Engineer gives no such Notice: - within 21 days after receiving the initial programme; or + within 14 days after receiving a revised programme the Engineer shall be deemed to have given a Notice of No-objection and the initial programme or revised programme (as the case may be) shall be the Programme, The Contractor shall proceed in accordance with the Programme, subject to the Contractor's other obligations under the Contract. The Employer's Personnel shall be entitled to ely on the Programme when planning ther activities, 47 ne[oe onsite i 2 § § t i i i i i i a4 Nothing in any programme, the Programme or any supporting report shall be taken as, oF relieve the Contractor of any obligation to give, @ Notice under the Contract H,atany time, the Engineer gives a Notice tothe Contractor that the Programme fails (to the extent stated) to comply with the Contract or ceases to reflect actual progress or is othonvise inconsistent with the Contractor's obligations, the Contractor shall within 14 days after receiving this Notice submit a revised programme to the Engineer in accordance with this Sub-Clause. Advance Warning a5 Each Party shall advise the other and the Engineer, and the Enginoor shall advise the Patties, in advance of any known or probable future events or circumstances which may: (2) adversely atfect the work of the Contractor's Personnel: (©) adversely atfect the performance of the Works when completed; (6) _ increase the Contract Price; and/or (d) delay the execution of the Works or a Section (if any) ‘The Engineer may request the Contractor to submit a proposal under ‘Sub-Clause 18.3.2 [Variation by Request for Proposal] to avoid or minimise the effects of such event(s) or circumstance(s). Extension of Time for Completion 48 ‘The Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to Extension of Time if and to the extent that ‘completion for the purposes of Sub-Clause 10.1 [Taking Over the Works and Sections! is or will be delayed! by any of the following causes: {@) a Variation (except that there shall be no requirement to comply with Sub-Clause 20.2 [Claims For Payment and/or EOT); (6) a cause of delay giving an entitlement to EOT under a Sub-Clause of these Conditions; (6) exceptionally adverse climatic conditions, which for the purpose of these Conditions shall mean adverse climatic conditions at the Site which are Unforeseeable having regard to climatic data made available by the Employer under Sub-Clause 2.5 [Site Data and Items of Reference] and/or climatic data published in the Country for the geographical location of the Site; (@) Unforeseeable shortages in the availabilty of personnel or Goods (or EmployerSupplied Materials, if any} caused by epidemic or governmental actions; or {@) any delay, impediment or prevention caused by or attributable to ‘tho Employer, the Employor’s Porsonnal, or the Employer's othor contractors on the Site, The Contractor shallbe entiled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to EOT ifthe measured quantity of any tem of work in accordance with Clause 12 (Measurement and Valuation] is greater than the estimated ‘quantity of ths item in the Bil of Quantties or other Schedule by more than ten per cent (10%) and such increase in quantities causes a delay to completion for the purposes of Sub-Clause 10.1 [Taking Over the Works and Sections) ‘The agreement or determination of any such Claim, under Sub-Clause 20.2.5 Agreement or determination of the Clair, may include a review by the Engineer ‘of measured quantities of othor items of work which are significantly loss (by ‘condiors of Conta fr Coston1 oto nib eis Nei lst -NOT FOR CONTRACT USE AND NOT PRINTABLE ORIGINAL FOR SLE AT wam iio ‘more than 10%) than the conresponcing estimated quanttes in the Bill of ‘Quantities or other Schedule. To the extent that there ae such lesser measured ‘quantities, the Engineer may take account of any favourable effect on the ortical path of the Programme. However, the net effect ofall such consideration shall not result in a net reduction inthe Time for Completion When determining each EOT under Sub-Clause 20.2 [Claims For Payment and/or EOT], the Engineer shall review previous determinations. under ‘Suib-Clause 3.7 [Agreement or Determination) and may increase, but shall not decrease, the total EOT. It a delay caused by a matter which is the Employer's responsibilty is concurrent with a delay caused by a matter which is the Contractor's responsibilty, the Contractor's entitlement to EOT shall be assessed in accordance with the rules and procedures stated! in the Special Provisions (t not stated, as appropriate taking due regard of all relevant circumstances) 86 Delays Caused by Authorities a7 (a) the Contractor has aligently followed the procedures laid down by the relovant logally constituted public authorities or private utility entities in the Country; (o) these authorities or entities delay or disrupt the Contractor’s work; and (ce) the delay or disruption was Untoreseeable,, then this delay or disruption will be considered as a cause of delay under ‘sub-paragraph (o) of Sub-Clause 8.5 [Extension of Time for Completion} Rate of Progress Ht, at any time: 2) actual progress is too slow to complate the Works or a Section {if any) within the relevant Time for Completion; and/or (©) progress has fallen (or wil fall behind the Programme (or the initial plogrammeifithasnot yet become the Programme) under Sub-Clause 8.3 [Programme], other than as a result of a cause listed! in Sub-Clause 8 5 [Extension of Time for Completion], then the Engineer may instruct the Contractor to sult, under Sub-Clause 3 [Programme], a revised programme describing the revised methods which the Contractor proposes to adopt in order to ‘expedite progress and complete the Works or a Section (f any) within the relevant Time for Completion. Unless the Engineer gives a Notice to the Contractor stating otherwise, the Contractor shall adopt these revised methods, which may require increases in the working hours and/or in the numbers of Contractor's Personnel and/or the Goods, at the Contractor's risk and cost. If these revised methods cause the Employer to incur acictional costs, the Employer shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT) to payment of these costs by the Contractor, in addition to Delay Damages (i any) Sulb-Clause 13.3.1 [Variation by Instruction] shall apply to revised methods, including acceleration measures, instructed by the Engineer to reduce delays resulting from causes listed under Sub-Clause 8.5 [Extension of Time for Completion}. 49a8 Delay Damages It the Contractor fails to comply with Sub-Clause 8.2 [Time for Completion the Employer shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment of Delay Damages by the Contractor for this default. Delay Damages shall be the amount stated in the Contract Data, which shall be paid for every day which shall elapse between the relevant Time for Completion and the relevant Date of Completion of the Works or Section, The total amount due under this Sub-Clause shall not exceed the maximum amount of Delay Damages if any) stated in the Contract Data, [oe onsite These Delay Damages shall be the only damages due from the Contractor for the Contractor’ failure to comply with Suio-Clause 8.2 [Time for Completion], ‘ther than in the event of termination under Sub-Clause 15.2 [Termination for Contractor's Default] before completion of the Works. These Delay Damages shall not relive the Contractor from the obligation to complete the Works, fr fiom any other duties, obligations or responsibilties which the Contractor ‘may have under orn connection with the Contract. ‘This Sub-Clause shall not limit the Contractor's iablity for Delay Damages in any case of fraud, gross negligence, deliberate default or reckless misconduct by the Contractor. a9 Employer's Suspension ‘The Engineer may at any time instruct the Contractor to suspend progress of part or al of the Works, which instruction shall state the date and cause of the suspension During such suspension, the Contractor shal protect, store and secure such part cor all of the Works (as the case may be) against any deterioration, loss or damage. To the extent that the cause of such suspension is the responsibility of the Contractor, Sub-Clauses 8.10 [Consequences of Employar’s Suspension], 8.11 [Payment for Plant and Materials atter Employer's Suspension] and 8.12 [Prolonged Suspension] shall not apply. 810 Consequences of Employer's Suspension It the Contractor suffers delay and/or incurs Cost from complying with an Enginoor's instruction under Sub-Clause 8.9 [Employer's Suspension] and/ or from resuming the work uncer Sub-Clause 8.13 [Resumption of Work), the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to EOT and/or payment of such Cost Plus Profit ‘The Contractor shall not be entitled to EOT, or to payment of the Cost incurred, in making good: (a) the consequences of the Contractor’s faulty or defective (design, if any) workmanship, Plant or Materials; and/or (©) any deterioration, loss or damage caused by the Contractor's falure to protect, store or secure in accordance with Sub-Clause 8.9 [Employer's Suspension]. att Payment for Plant and Materials after Employer's Suspension ‘The Contractor shall be entitled to payment of the value (as at the date of suspension instructed under Sub-Clause 8.9 (Employer's Suspension) of Plant and/or Materials which have net been delivered to Site, i: i 2 § § t i i i i i i 50 rine ro17 ‘condiors of Conta fr Coston(2) the work on Plant, or delivery of Plant and/or Materials, has been suspended for more than 28 days and ()_ the Plant anc/or Materials were scheduled, in accordance with the Programme, to have been completed and ready for delivery to the Site during the suspension period; and (i) the Contractor provides the Engineer with reasonable evidence that the Plant and/or Materials comply with the Contract; and {) the Contractor has marked the Plant and/or Materials as the 8 Employer's property in accordanee with the Engineer’ instructions, 12 Prolonged Suspension It the suspension under Sub-Clause 8.9 [Employer’s Suspension] has continued for more than 84 days, the Contractor may give a Notice to the Engineer requesting permission to proceed. ne Iv the Engineer does not give @ Notice under Sub-Clause 8.13 [Resumption of Work] within 28 days after receiving the Contractor's Notice under this ‘Subb-Clause, the Contractor may either: (@) agree to a further suspension, in which case the Parties may agree the EOT andlor Cost Plus Proft if the Contractor incurs Cost), and/or payment for suspended Plant and/or Materials, arising from the total period! of susponsion; or (and if the Parties fail to reach agreement under this sub-paragraph (al) (0) after giving a (second) Notice to the Engineer, treat the suspension ‘as an omission of the affected part of the Works (as if it had been instructed under Sub-Clause 13.3.1 [Variation by Instruction) with immediate effect including release trom any further obligation to protect, store and secure under Sub-Clause 8.9 [Employer's Suspension! If the suspension affects the whole of the Works, the Contractor may give a Notice of termination under Sub-Clauso 16.2 [Termination by Contractor) 813 Resumption of Work ‘The Contractor shall resume work as soon as practicable after receiving a Notice from the Engineer to proceed with the suspended work Atthe time stated inthis Notice tinot stated, immediately ater the Contractor receives this Notice), the Contractor and the Engineer shall jointly examine the Works and the Plant and Materials affected by the suspension. The Engineer shall record any deterioration, loss, damage or defect in the Works or Plant or Materials which has occurred during the suspension and shall provide this record to the Contractor. The Contractor shall prompily make ‘900d all such deterioration, loss, damage or defect so that the Works, when ‘completed, shall comply with the Contract Te: in Completion ot Contractor's Obligations ‘The Contractor shall cany outt the Tests on Completion in accordance with this Clause and Sub-Clause 7.4 [Testing by the Contractor), after submiting the documents under Sub-Clause 4.4.2 [As-Buit Records) (if applicable) and Sub-Clause 4.4.3 [Operation and Maintenance Manuai] it applicable). i 3 i g 8 ‘ ? i i : i i 3 i ener Constons @FIDC 2017 51