CONDITIONS Definitions. 1. (a). For the purposes of these Conditions and of their application to any nominated sub-contract under Ciause 16 or 17 the “Desftinated Dato” shall in each case mean the date ten days ptior.to the latest.date set-for the receipt of relevant tenders (whether. the tenders be submitted by the Contractor, a Nominated Sub-Contractor or a Nominated Supplier) or the latest revision of such date. — a ~/ Whate no date is sot fo _mean the date of its rec erecelnt of tenders the' Desi nated Date for each tender.shall to be-done ina stated period. of ‘Saturdays, Sundays, shall not be! counted as working days against the- itractor shall have given to the Employer 80 working felernce tothe Foglstored Agreement by which ~ Seope of = Contract: Documents: he. Heer ns and 1o'the reasonable satisfaction of the Architect who may © in his absolute diseration and from time to time Iscvé further drawings, dotalls and/or writen or oral instructions (hereinafter referred to as “Architect's Instructions’) in regard to: SO En5 25 2. a) the mosification’of thé design; quality of quantity-of the Works of the addition, omission or substitution of any work (herelnatter retarted to.a8 “Variations” SORES (any discrepancy in of between any of the Contract Documents; es (6) the removal from the site of any-matorials or goods brought thereon -by the Contractor and the substitution of any other miatorials or goods therefor; = == <= 2" (@)the ‘opening up for‘ inspection of any work covered up; * : (0) -tho. removal and/or r0-exacution of any Works which in his opinion are not in accordance with thie Contract; Z aa (8 the postponement of any work to be exscutod lnder the provisions ofthis Contract Sears (@) the dismissal from the Works of-any:peréon employed theretipon who ray in the opinion "= -of the Architect be incomipatent or guilty of misconduct (nthe amending and makiig good- the Contract Suni-as the case, may be a if compilace with an Architéct’s Instruction will involve the Contractor in oss or expanse beyond that provided for in or reasonably contemplated by. this Contract the Contractor shal! so inform Sos. the “Architect! the thei,-unless stich Instruction ‘was issued by reason ot some breach of this Conitact by the Contractor,-the_amiount of such loss. of expense shall bo ascertained by tho to the Contract Sum. ‘within five worldig days alter receipt of a written notice from the Architect requiring com with the Architect’s Instructions’ the Contractor does not comply therewith the Employer may ‘omploy and pay olfior persons to execute any work whatsoever which may be necessary to give effect f0:such Instructions-and all costs incurred in connection therewith shall: be recoverable trom the Contractor by the Employer as a debt or may be dedueted by him from any money dus or to become due to the Contractor under this Contract.Drawings 3. (a)! () TAQ ANIIeS Of Agreament provide Tor The Inclusion of the Bill of Cuaniilies as a and Bill of Contraci.Qocument the Contract Sum shail be deemed to provide for the quality and Quantities, quantity oF ark sat ‘out in the descriptions and quantities in the Bill, The Bill unless’ otherwise expres stated shall be deemed to have been prepared in accordance with the Method of Meastredent of Building Works last before issued or approved by the Society of Chartered Surveyors and the Construction Industry Federation but save 28, ‘aloresaid nothing contained in the said Bill shall override, modity or affect in-any way whatsoever the appiicatio nich is contained in these 3 No arvor in: descripti intilies Ndr ny omission of items ° therefrom-shall vitate this. Contract But such error ors “and quality of work set out ‘before thé Signing: -of the. Aticles ‘of Agreement, “fumish'the ‘Arch itect with a Schedule Of, Rates, a ‘The ‘Schedule of Rales s ‘shall [be déeined to-mean: is - ‘ércopy of the fully. priced and detailed es imate, upen, whicli thé Contractor's tender is. : = “tpased priced in ink, of. ~ => ES : _whete '@ Bill_of Quantities: is. provided or. tondering “purposes the ‘Rates therein céniainod. . ‘The Bil Of Quantities unless other ¢ stated shall be deemed to have been prepared ‘accordance.with.the Mothod of Measurement of Building Works last before issued i TARE ~ “of-approved by-the Society: of Chartéred: Sufveyors and.the Construction Industry 7 5s ~. «Federation Nothing, contained in-the Contractor's estimate oF the: Bill of Quantities =. (except.as 4 Schedule of Rates) shall confor rights or impose any obligations beyond ‘fmposed by the Contract Documents : (b)_ The Gontract Documents ((ogether with the Schedule of Rates.f supplied in accordance ith the terms of Section (i) of-sub:clauisé (a) of this clause) shall. remain in the:custody of ‘he Architect and by him-be produced at his office during office hours when so required by - =" the Contractor; The Architect'shall fumish tothe Contractor one copy of the Articles of * [Agreement aiid the Conditions of Contréct, two ‘copies of the Contract Drawings and ‘Specilication and, ifa Bill of Quantities is provided, two unpriced copies of the Bill. He shall also-furnish the Contractor with-two. copies of all further drawings-and iristructions issued during the progress of the Works. All such drawings and documents shall be supplied tree of cost fo the Contractor. Upan tinal. payment tthe, Contractor he sal ftw return a “drawings to'the Architeot.> . 1@ Contractor shall Keep one copy'ot all daiings arid the Specicaion onthe Works and “the Architact or his tepfesentative’ shall at all reasonable times have access to them. The ‘ontractor andl the Quantity Surveyor shall eachr be entitled to make one copy of the priced: “Bil:of Quantities or Schedule.of Rates which-copies shall remain in-theit custody. ‘The priced Bil of Quantities 6r the Schedule ef Rates“and all copies thoredt shal! be ‘deemed to be the property of the Contractor and shall be confidential. Neither the Architect, the, Employer nor the Quantity Surveyor shail divulge any information contained in such documents otherwise than for the purpose of this Contract. All documenis thé property of the Gontracior shall be returned to him on request altar the final payment has been made. 1 In sub-clause S(a) elt Soation () or Section (I), but not both, wall epply according to whether @ Bill of Quantities is or is not included as a Contraet Dowuman. Acie Ne.t In the Aricios of Agreement incates \whelner oF nota BU 1s so included,Variations 4, Where alter the Designated Date the cost of the performance of this Contract is increased or Arising from decreased as the result of any legislative enactment, rule or order of the exercise by. the Legislative Government of powers vested in it, whether by way’of the imposition of new duties or tarfts or Enactments. the alteration of existing duties of tariffs or the restriction of licenses for the Importation of any ‘commodity, or by way of affecting the cost of labour or otherwise, the amount of such increase s _ordectease as cored by the Architect shall be added to or deducted from the Contract Sum -as the case may be. “ “Tha Contractor shall: provide eerything necessary for-tho propar exesution:of thie: Works intent-and-moaning: of the ‘Contract Documents takén together whether described provided thal they: Contractor to =-Provide=-: “BN erything tract Documents ho shall iimediately and ih wilting fefer it te the Architect who shall decide Er in: preference to scaled= ie Contractor shall pay anid indomalty the Employer againt lability in pool of ary fe¢8 oF ges. [Edally. demandabie’ under. any, Act‘of the Legislature; any-Insifument Rule: or Order made undor any Act ofthe Legislature and any Regulations and Bye-Laws of any Local Authority 2-4“ Publlo Service Company telating't the work and any fees'and charges if not the responsibility fhe: Contractor or goes ined. in ne, Contract Sum by way ofa Provisional Sum shall The Architect shall furigh to the Contractor eliher by way of fully:dimensioned drawings or by personal Supervision and:instructions. at the-tirrie of setting out the Works such information as. shall enable the. Contractor fo'set outt the Works. The: ‘Contractor. Shall be responsible for and ‘All riaiotials and workmanship.-uniess otherwise’ authotised by the Architect, shall’be.of the “respective kinds described in-ihé Contract Documents and the Contractor shall upon the request him. with, vouchers to prove: that the materials comply. therewith, The Contractor shall atrange for and/or carry ott any test of any materials and/or workmanship wi chitect may in writing tequire: Ino provision is rhade in the Contract- Documents therefor ‘a Provisional Suni for payment of fees and charges for:the carying out of such tests aiid charges’ shall be-acded to the Contract Sum except where the lest shows “cMaterials'and = = Workmanship to Contormto- 9, ‘The Contractor shal atthe request of tne Architect and within such times as the Achitect shall ‘name opén for inspection any work covered up and should the Contractor refuse.or neglect to Gomply-with such request the Employer may employ other workmen to open up such work. Ifthe “said: work had: been-covered up ‘in:contravention of an Architect's Instruction or if. on being : _opened:up ‘it bé-fotind not-in accordance with the Contract: Documents-or any: Architect's “Instruction the expenses of opening it and covering it up again, whether done by the Contractor ‘or other such workmen, shall-be borne by or be- recoverable from the’ Contractor or may. be deducted from any money due or to become: due to if IF the work had not been covered up in. struction and is found-to. be in accordance. with the said =° > “Contract Documents ‘or with an Architect's Instiuction tian the expenses aforesald shall be 2338 borrie by the Employer and-added to the-Contract Sum. Provided always'thiat in th case’ Of 1Gundetlons or of any other urgent work so opened up and : requiring immediate attention the Architect shall, within a reasonable time-after receipt of notice from the Contractor that the:work has.been opened up, make the Inspection of cause It to be ‘mad-‘At the ‘expiration of suctr time if such inspection has not been made the Contractor may cover-up the said work and shall not be raquired to open it up again for inspoction except at the expense of the Employer. Foreman. 10. The Contractor shall constantly keep upon the Works a competent general Foreman and any instructions given to him by the Architect shall be deemed to be given to the Contractor in pursuance of Clause 2 of these Conditions. 5Access for 11. The Architect and any person authorised by him shall at all raasonable times have access {o the Architect to Wiorks, the workshops of the Contractor oF other places where work is baing prepared for the Works. Contract. Clerk of 12, The Employer shall be entitled at any stage of the Works to appoint a Clerk of Works whose duty ‘Works. ~'shall'be to act solely lor under the direction of the Architect and the Contractor shall afford him every facily for the performarice of that duty. The Contractor shall be notified before “OE ©<. such appointment is made= - No Clerk of Works shal be eriployed on the Works to whom the Contractor shall make objection Z s which shall be considered sutficent by the Archie ‘Ascertainmier 8, di scion or explanations given by. “ot Prices for tothe ona in weting wi -» Working: days shall be deemed-to be authoitsed in win y the Architect in wily oF subsequently Sanctioned by him -ip-virting-shall-be measured and:Vallied Wwithout-undue delay by-the-Architéct or the. Quantity ‘Surveyor who shall give-to the Contractor or his:representative opportinty to be (present. with acca << him ‘on the Werks af the fime.efid'to take: such notes and measuremients a the Contractor may : he Contfactor shall be supplied witha copy of the’ measured Bill of Variations on or “before the Issue-of the Architect's cerificate for payment in respect of such Variations and tho valaton there unless previoush or otherwise eared shal bo made in accordance with the ~~ of Rates mentioned in Section (i) of sub-cléuse 3(@) of these Conditions whichever applies ° {0 this Contract shall determine the value of work carried out as a variation when such work - o> 5-8 "3. = Is of @ character similarto that to which the aforesaid rates apply and is carried out under “= similar-conditions.“The aforesaid rates shail also:determine the vale of any work omitied ©" prowded tha inthe opinion of tno Anite, such an. omission varies the conditions undor ~ Feasonable; failing which ¢ fait valuation thereof shall bo made based upon rales for similar In the locality current at the-time tho: Variations are executed; variations cant be properly. nieaured and valued in oF Sol out in ruo (a) or ule (b).the Contractor shall be allowed daywork prices i@8.referted to in Section () of sub-clauise3(a) or 10 iave been: inserted, at the rates in the Schedule of Daywork - eG =. 5-,Charges agreed betvieen the Soclety of Chartered Surveyors and the Construction : he Wolk a beet excited by a’ mnamber ol cubiconiacng lade, atthe 2 " “fates agreed between the said-Society: arid the ‘appropriate body representing the ~ _Sub-conitaeting tradé of, where no rates have been agreed, at the rates set out in Section: (li) of this rule, z Vouchers specifying the time for each. day (and it required by the Architect the workmen's. names) and: the materials used shall.be delivered for verification to the Architect or his sre authorised representative at or before the end of the week following that i which the work has been exécuted.Omissions. 14. (a). where-a Vatlation by way of omission is, a3 compared with the Works included in the Contract, of a character so extensive that, in the opinion of tie Architect, the Contractor has, sustained a loss by reason of, prior to. the notification to him of such variation, having properly incurred expenses which, in consequence of the Variation, have become wholly or in pait unnecessary there stiall bs. added to the Contract Sum a sum to be ascertained by =the Architect as being in all the circumstances reasonable compensation for such loss. ~ = (b)-If-through.vatiations and omissions, the final measurement shows a credit on the Contract : 2 == Summ the Contractor shall be: entitled to an. allowance of 10% of that credit. Adjustments arising from PC. Sums, Provisiona\-Sums;. Provisional_work, Contingency Sums or any b@ takén nfo account-in “Nominated Sub:~ 16,--Where provision is made in-the Contract ‘oeumnents {or Werk to ba axecuted on site andor “Cont r-g00ds to be supplied and fixed by afr to-be selected by the Architect such firm ‘4 Nomhiidted Sab-Contractor employed by the Contractor: (a), no. Nominated. Sub-Contractor shall be employed upon oF it” cannéction With the Works | make reasonable objaction or (save where the Architect I otherwisé agrée) who will not enter into a’sub-contract which shall indomniy the Contiactor against the samé Obligations in Téspect of the’ sub-contract as, : those for which the Contractor is lable in tespect of this Contact, = {0) «the-sums directed by the ‘Architect to bo paid to Nominated Sub-Contfactors tor. work, eee $F goods ‘comprised ‘ih the’sub-contracts Shall he paid by-the’ Contractor within + working. days of receipt of payment on-the Architect's certificate for the value of such materials or goods less only.any-retention-money and-éash discount which the TLL SS (@) before any certiticate is issued-to thé Contractor he" shall if requested by the Architect “5 fumish to him.reasonable proof that all Nominated Sub-Contractors" accounts included in __ previous cetilicates have been duly discharged. in default whereof the Employer may pay upon a.ceriicate ofthe Architect and deduct the amount so paid from eny the Architect dpsies te ‘eciré final payment lo-any Nominled Sub-Contracior before 1@. Contractor arid-if- such Nominated Sub-Contractor has niractoragainst any latont defects then the Architect may tions include an ammount to- cover the said final payment ard the Contractor shal forthwith upon receipt payment.on auch certticate <8 pay to-etich Notninated-Sub-Gontractor the full amouint 80 certified less the cash discount - whereupon-ihe ‘Limit of Retention fund” named in the Appendix heréto shall be réduced in to the arounits0 certified and the Contractor shall be discharged from all liability -for the work or materials coyered by such corificate-except for any latent dofacts; jencié for the exercise OF the foregoing powers nor anything else contained ins (Subject to Clause 97) shall render the Employer in any way liable to any inated! Sub“Contractor and (subject to Clause 25) the Contractor shall be responsible to ue ~ the Employer for the execution of the said work andior the supply and Tixing of the said aerials oF Goods. Provided alvays that ifthe: Contractor determines the employment of the _=:Nofniiated Sub:Contractor in a¢cordance with the provisions of the. sub-contract then another sub-contractor. (who shall be sélected by the Architect’and employed by the a ‘Contractor as a Nominated Sub-Contractor in aecordance with the provisions of this Clause) shall, unleés otherwise agreed, be appointed to completa the sub-contract work. In such & case, unless the “determination is: subsequently sot aside as. a result of litigation or arbitration, the Contractor shall not be liable for any increase in the cost of the sub-contract, work that may arise by reason of the necessity to have the work so completed, Nominated 17, Where provision is made in the Contract Documents for materials or goods for the Works-to be Suppliers. supplied by a firm to be selected by the Architect such firm is hereby declared to be a Nominated Supplior.Provisional 18. Sums, items or quantities marked "Provisional" included in the Contract Documents shall be at Sums. the entire disposal of the Architect and shall be expended in whole or in part as he may cirect If the Architect's Instructions under this Clause involve the. employment of Nominated Sud- Contractors or Nominated Suppliors then the amounts expended shall be treated as if they were Prime Cost Sums (Clause 19). If Compliance with the Architect's instructions under this Clause Involves work by the Contractor it shall be valued. in accordance with Clause 13 of these - Conditions... =~ Prime Cost —- ~ 19. @. ‘Sims or ales inGludéd ih the Contract: Déctiments and-marked.“Prinie Cost’ or PG are Sums... —-* rovisions to ne payments -by.-the."Gontractor-to -Nominated Sub-Contractors “or ‘the Contractor calculated at the rate of § per cent of . xluded in the Contract Documents shall ints for prompt payrn: : for payment to or allowance by a. Nominated ctor of Notfnafed Supplier sil be Inereasedt6 make provision for tho age 5. discount tor prompt payment == * (@)- Payments. as aforeéaid ealbe made only in aocordance withthe directions of the Architect 2 S fo-the Workto be exediited: by: the Nominated -Sub-Contractérs or the goods’ to be =: =-supplied by_the Nominated Suppliers, thé firms to which-the payments afé to be made and ‘the amounts to be paid. If any amount so. authorised and properly paid is more of less'than the-relevant:Prime-Cost.or-P.C. sum or fate included in the Contract Documents the ferenco shall be added to or deducted from the Contract Sum as the case may be. Mdependent- ~ 20. Provided that_no- objection’ Is made. by the Contractor, the Employer may engage Contractors, -independent contractors, artists, tradesman of others to carry out work riot specified in the: 5 = Artists: and "2°" =" = Contract. ‘The. cost-of such work shall'bo paid by the Employer who. shall indemnify the Tradesmen. > ‘Contractor against all claims whatsodver arising from the employment of such specialists = ‘eto, theif-servants and agents: made against the Contractor. The Contractor shall in. all circumstances be_entitled to payment for attendance and use of plant Liability and’ -21(A). Subject to stb.claeds (atid (li) of hls Clause and except for such loss, damage or >Andemnity.for-. * ‘expense 's is at the risk of-the Employer under Clatises 20, -26-or 32(A)-and (B) (where. = Damage to.’ plicable) the. Contractor. shall be. liable-for and shall indemnify the Employer against any. Persons and to ‘edings whatsoever arising under statute or common law in Property. respect of: uty to oF disease contractod by or doati of any person vihomssives, insofar-as-any such loss, damage, injury; disease or death arises out of oF in the course of “OF bY. reason 6 thé execution of the Works and provided that such loss, damage, injury. disease or death is due to the negligence, omission, default or breach of statutory duty of ee the Contractor, ts servants or-agents or any-sub-contractor, its servants or agents, (W)2_Notwithstanding the provisions of sub-clause (i) of this Clauso the Contractor shall not be ‘tequited to:indemnity the Eniployer in respect of any damage, injury or death to the extent that such loss, damage; injuiry-disease or death is due to the negligence, omission, default ‘or breach of statutory. duty by:the Employer, its servants or agents or any person for whom —5-so--:-athe: Employer is: responsible (incliiding persons employed or otherwise engaged by the je horn Clause 20 refers or persons: who may “have use, occupation or ‘possession of the whole or part of the Works with the consent of the Employer subsequent to the isstie of @ Possession Certificate pursizant to Clause 32(A)). (ii) The reference in sub-clause(i)(a) of this Clause to “property real or personal” does not ~" inelude’ the Works (or any part) or the: Ancillary Items up to and including the date of Practical Completion as certified by the Architect or up to and including the date of determination of the employment of the Contractor under this Contract, whichever is the earlier. Provided however if Clause 92(A) has been operated then the Flelevant Par from the date of the Possession Cerilicate shall not be regarded as the Works (or part thereot). 2 the Employer is advised to arrange appropriate Pubic Liabitty Insurance cover against the consequences of any loss, amage, uy, sisease o¢ death, dua to tne negligence, emission, default ot reach of statutory cxty by the EmployerInsurance 21(B). (J Subjact to and in accordanco with Clause 23, the Contractor shail take out before jcate or eighteen, Against Damage cormmencin fh issu of the Final Cert to Persons and months efter Practical Completion, whichever is the eatlier, insurances including but not Property. limited to Public Liability, Employers’ Liablity and Motor insurance covering any liability, loss,claim or proceedings in respect of the matters referred to in Clause 21(A). Provided * --however that if-the Contractor-is required to-return to the Works, for whatever reason, alter-tho-Issué of the’ Final Certicate-or more than eighteen months after Practical ‘Compietion, the Contractor shall take: out and maintain for the period that it eemains on _ OF aout the Works the insurances as sot out above, 3, the Employer shall ake out botore the issue. of the Final Certificate or al "Completion, fg the eariler, Public ance"covering’any liability, loss, claim oF proceedings in tespect of ferred-toir-Clause'21(A) other than in relation tovany personal injury ~ so Contracted by or death of any employee of the Coniractor, Ils sub- in relation to,labilty 108s, Claim or proceedings Motor Insufanice-pol cy %© be mainieined by the (ay = Subject t to. and intaceordance with: Claw: commencing. the. Works: and niaintan un i -overing any lability loss, claim or proce = ‘ompioyee of the Contractor and Motor Insurarice covering any lability, loss, claim or proceedings In respect of the matters referred t0 in sub-clause (l)(@)-of this Clause. Provided however that if the Contractoris.required to return to the Works, ed ” “for whatever reason; after the Issue of the Final Certificate or more than eighteen - “monihs after Practical Completion, the Contractor shall take-out aiid: maintain for 7 = 57" the period that it remains-on of about the Works all. the insurances set out in sub- TLEEE 4 ‘lauses (l(a) and (b) ofthis Clause. E lability at Common. Law or by statute sub- nee 7 ‘lauses (i):(a)'and! (0) of this. Clause shall not apply to any liabllty. loss, claim or proceedings which arise ‘otherwise than in connection with. an accident or fall oF-{i) (as rolovant) and which is not covered by-an Employer's Llabiliy or Public Lieblly insurance - polisy of the Contractor. - - 5 vihin an exclusion ported by Cause 22(a} paragraph ( All Ne 22: (a). "Ancilaty iterns® shall in this Clause and Clauses 21(A),21(8), 28, 24 25 and 90 mean insurance ==" temporary. works ané.allUntixed materials and goods delivered to and placed on or z : = adjacent to and intended or the. Works except temporary buildings, plant, tools. or equipment owned.or hited by the Cantiactor or any sub-contractor. (6) ]*~ ‘Subject to-and-in accordarice: with Clause’23, the Céntractor shall before Ee i the Works take out and shall until Practical Completion of the Works is cotfled By tho Achilest-maiain ‘AIF Risk insutance-coverng any loss or damage t0-or destruction: of the Works and Ancillary Items from any cause = ~*~ whatsoever f0F the full value of the works including a provision for ‘areentage for Professional Fees and the Cost of Site Clearance stated ih the Appendix; and i {@)_Value added ia, if the Employer is not registered ior valle added tax and not ~ in.a position to reclaim value added tax paid in respect of the Works : Further the Contractor shall maintain All Risks Insurance covering any'loss or ~ damage to:oF destruction of the Works ancl Ancillary lems-during the Defects ily Pasi which: ()" arises: ftom a cause which occurred prior to the commencoment of the Detects Liability Period; or if caused by the Contractor in the normal course of any operations carried cut by him for the purpose of complying wit his obligatons during the Defects Liabilly Period 7 or 3 inka out eub-clause 2404) oF (aa required; should nather bo struck out, sub clauso 218() is deemed to apply 4 Stake out sub-clause 22(0)9 ore) (I) as required sh bs strck oot, su 22(0\() fs deemed to apy(©) (i) Subject to and’ in” accordance with Clause 23 the Employer shall betore commencement of the Works take out and shalt until Practical Completion of the Works is certified by the Architect maintain All Risks insurance covering any loss of damage to ot destruction of the Works and Ancillary itoms ftom any causo whatsoovor for the full value of the warks including a provision for * 7 7 (@)_-the percentage for Professional Fees and the Cost of Site Clearance stated in the : Sa © = Appendix; and =" <= ee ~ =» (b) “value added tax, ifthe Employer is not registered for value added tax arid not in Fartherthe Employer shall ainian All Risks insurance covering any loss or damage to aos OFS Sesttuction -of the Works and, ne ems. suring the ‘Defects Liabi ty Period which: je racelved-under the-AILFisks insurance poley less the portion includsd to Professional Fees which shall be paid to.the Employer) shall be paid into a bank =". =. “account inthe olnt-riames of the Contractor-and Employer. The monies shall be pald ~~» Quito the Cofitractor by installments. under certificates of the Architect related to the : proportion of thé wotk done and materials and goods delivered. upon the site. for -5 5.2.“ miaking"good the Joss, damage or destruction. In respect of stich’ paynients sub: slauses.25(2) and (b) shal apply. mutatis mutandis and without ary deduction of any aru 1 be retained by the Employel : 55 => {WW the Contractor is. required to: maintain tho All-Pisks Insurance pursuant to 2 a sub-clatise 22(6)(), tie Contractor shall n6t be ented to any-payment in respect of _ the- rebuilding; tepair:or replacement of the: Works or Ancillary ttems destroyed or 5 = damaged other than the money rocelved (pius any interest eared thereon) under tho Gil -Whhere the Employers tequired to raintain Al Asks insurance pursuant to sub-clause = % Zee ann the vant of. mots reclveel under the Al Aske insurance poloy hare a8 a result tof any: ‘variation by the-Fmployer of: he: Works a balance remains in the said account after completion.of making good by the Contractor as required by the ~ employer he balance shal be pale! othe Employer together wih.ne interest eared ‘on that Balance... = lngirance ——-~23; -(a)-"The Contractor's policies under-Clauses 21(A),21(B). and-22. shall-be- with. insurers Policies, = =.= approved by the eee ‘Which approval shall not be unreasonably withheld. Where E ligieS under sub-clausos 21(B){i)(a) or 22(b)(i) shall be with ‘b) TheAWIsKS Insurance poly under Clause 22 Stal be in the joint names of tho Contactor <5 “and the Employers 2 - s {@)-The:Gontractor shall comply (insoter as itis within iis competence to do so in regard to impositions laid! down under insurance policies) with all conditions In any policy or policies > of insurance under Clauses 21(A4),21(8) or 22. Whoro. tho Public Liabillty and/or All Risks. insurance Is maintained by the Employer, the Employer shell comply with all conditions of i = the Said polices. = "8 =lhe pateles ‘of insurance under Clauses 21(A), 21(8) and 22 may contain only the cexclisions-isom cover summarised below, worded as specified in sub-clause 23(¢): i) “Employers Li ‘Liability in excoss of the suum stated in the Appendix to these Condilfons-of.Contract for any one event” 7 “Limited war risks"‘Offshore work” ‘Liablity compulsorily insurable under Road Traffic Acts” ‘Liability in excess of the sum stated in the Appendix to these Coriditions of Contract for any one event” =e Wartisks” 2 “Radioactive contamination / nuclear explosion” 4 "Sonic boom! >. 5.2 ot ‘ e under @-contract of service or apprenticeship. with i) the Insurer materials but-not “damage "Loss or damage de to design'==°-~ “Detective wna ip and.-mater resulling therefrom’ 7 “Wear. afid.fear": - ~~~ "Consequential lasses" ‘ eee ©YUimited mechanically propelldd vehicles" => “Loss‘or-damiage due to use; o¢gupation or, possession by or- is but not damage en behait of the Employer’ X= ~ ? Sinveritory losses”? : : The Royal institute of-the Architects of Ireland, the, Construction Industry Federation and ‘tho Society of Chartered Surveyors in the: Repiiblic of Ireland: acting jointly shall publish from time to time permitted wordings of the exclusions from insurance cover permitted by 5. gub-clause-24(d)- and this: Clause shall take effect-as if the permitted wording of the eee ity “authorised exclusions at the Designated Date were set.out'in sub-clause 25(¢). = if (#)._ Each party’ shall. before commeneing the Works produce to the other party for inspection. “any policy ot policies of insurance required to,be maintained by it by Clauses 21(B) and 22 ©<" together with: the receipt in'respect of premiums’ paid under such policy or policies and Pi ieeee ce should either, party make default in insvring or maintaining insurance the other party may “itself insure againstany-risk-with reepoct fo which'the default shall have occurred and may rogover a'sum exiUal to'the amount paid in respect of premiums as a contract debt from the defaulting pary ahd may set-off stich debt-against-any-other payment which may be due Ander this. Contact t6 the defaulting party. ~ 7 Damage due 24. The following’ provisions shall apply to afy loss, damage to or destruction of the Works or to Excluded ~~, Ancillary’ Items. from any.risk which. the Contractor or the-Employer (as the case may be) is Risks. pormitted:to exclude by Clatise’ 23 and Ts excluded from the All Risks Insurance other than design within Clause 25 (without prejudice to any lability of the Contractor to tho Employer for the extent of the negligence of the Contractor, its servants or agents); (a) Subject to sub-clause 22(c)(ii) the occurrence of such lossdamage or destruction shall be disregarded in computing any emounts payable to the Contractor under this Contract. (b) ())_ itis just and equitable to do so the employment of the Contractor under this Contract may, Within 20 ({wenty) working days of the occurrence of such loss, damage or ndestruction, be determined at the option of either party by notice sent to the other by registered post or rocorded delivery to the principal place of business or last known address of the other party. Within (but not after) 6{five) working days of receiving such notice either party may give to the other a written request to concur in the appointment of an arbitrator under Clause 38 in order that it.may be determined whether such iar <= 5 =ielermination will be just and equitable, (i upen the expiration of 7 (seven) days of receipt.of a notice of determination or, where © “Feferénee: to: arbitration--1s. made, “upon the. arbitrator upholding. the. notice of = deleiminaion, the provisions of sub-clause. 64() except sub-paragrarh (shal ood such loss oF demnage ing out andl completion of the Works; slatement and: making good.ol such loss oF damage to the Works or Ancillary val and. isposal of debris shall be deemed fo be )(i) and: Clause 24 the Contractor. shall proceed with due ‘oF make good at ifs own expense any loss or damage to or destruction Ueto. any fault, détect, error or omission in design’ by the - ~Contractor,..it. Servants “oF -agents-(including sub-contractors and suppliers, other -than ~~ "Nominated Sub-Contractors or-Nominated Suppliers and/or their servants or agents). The ‘Contractor shail not be responsible to the Employer for. any eftor or omission in: z = {@) any dsign provided to the Contractor by the Employer, its servants or agents; or (b) “design prepared by-any Nominated Sub Contractor or any Nominated Supplier Responsibility 26. (a) Subject to. sub-claiso (6) of this s Clause, ‘Works involve thé alteration. or for Existing” = ‘Structures. ° ae -{i) "together withthe contents of the existing stugtures, 1@ Employer’ as regards toss: of damage caused by the a slandard policy of insurance inthe insurance market) fife, Storm, tempest, flood or. ° -butsting oF overfoiving of water tanks apparatus or pipes; or tot, civil-commotion ar malicious. damage. (o) :Where the ‘contents of the:existing structures aré fot the property of the Employer (or an = "associated or:subsidiary ‘company: of the Employer), ‘the Contractor stall indemriy the - Employer (or an associated or.subsidiary:company of the Employer) against any labilly vt ‘which the Employer-(or an-associated:or. subsidiary company of the Employer) may incur | a third “parties ‘by reason of any loss or damage o the sald contents caused by the | negligence, omission of. default of the Contractor ‘up fo an’ amount equivalent to the = Minimum Sum for Pubic Liability insurance statod in tho Appar ba snarnave okay “os for any, greater amount. | (©The Employer shail mairitain from the.commencement of the Works until completion by the of the Works (Including the making good of defects) under this Contract proper surance against the sald risks as referrad to in sub-clatise (a) of this Clause and ch policy shal include, subject to sub-clause (0) o th Clause, a waiver of lights of subrogation against the. Contractor andlor its sub-contractors. The Employer still before ~ commencement of the Works-produce such ‘policy to the Contractor for inspection with the. | | | reinium paid for its ténewal and should the Employer make default in insuring or maintaining insurance the Contractor may itself insure agairist any risk with respect to which the:defauit shall have occutred aid for that purpose shall have such right of entry and inspection as may be required to make @ survey and inventory of the existing structures and contents and shall, upon production of the receipt for any premium paid by ite entitled to have such amount added to the Contract Sum. It any loss or damage shall be caused to the existing structures by any of the said risks then the terms of sub-clause 24(0) shall apply. 12(d)_ Further, the Employer shall have no right to recsver from the Cofitraetor any consequential Joss howsoever and whatsoever incurred by it consequent on the occurrence of any of the perils referred to in this Clause. (0) It, alter the issue by the Architect of the Certiticate of Practical Completion, the Contractor is sequested to carry cut varied or additional works, the provisions of sub-clauses (a) and (0). of this Cortiticate of Practical Completion are existing structures and the varied of additional works siretures or buiings which are owned (whether in fe6 simple oc under lea Employer | (ora ‘ah associaiéd.or subsidiary company of the Employer) or for which the if Subsidiaty company of the Employer) is responsibje. : te. Cntractor under Costa fo any: damege to the Work or it Of ies ‘enemy, hosilties (whether war be declared ‘or Tot), <=" the Architect on the issue of the Final Certlicate and the amount retained as aforesaid. aS and pald by the Employer into the Joint Account shall be included in the sum paid to - the Contractor for the purpose of Section (i) of sub-clause () of this Clause to the intent that the interest included in-and any alteration in’ Value of the Joint Account Retention ae Fund.shall accrue to or be suffered by tho Contractor. - ~The tesidue of the ameunt then so retained and not paid into the Joint Account shall be inoluded in the Final-Ceitioats és described in sub-clause () ofthis Clause. i Retention Fund shall be held Upon trust for the Contractor and shall frthuith Be paid tothe Contractor (subject-as aforesaid). — Le. = Whete mang is pald int a Joint Account aé provided above the Bank chal be insiuctod that itis a Joint Account under Clause 85 (g) of the F.1.A.1..Conditions of Contract and that = ~ disbursements {tom this account shall be-made to either: party tothe account only on the : Cotificéte.of the Architect authorising such disbursements. The signature. of neither the ; Employer nor the. Contractor is necessary for such disbursements, {h) (Within three: calendar montns.of the date of Practical: Complation of. the: Works. the Contractor shall furnish the Architect with all documents necessary for the-purposes of “the computations required by these Coriditions Iniclucing those relating to the accounts 7 += ef Nominated Sub Contractors and: Nominated Suppliers: a (i) No-Contractor's documents other thart those fumistied in'accordance with Section (i) ae Of this sub-clause Shell be taken into consideration by the Architect in the computation = of the amount of the Final Certificate save in circumstances which are adjudged by the Aichitect to be exceptional or save for any additional documents which thie Architect may at any time séek from the Contractor. (ili) On compliance by the Cortfactor with the requirement of Section (j) of this sub-dlause the measurement-and valtation of the- Works shall proceed and shall be completed within the Period of Final Measurement stated in the Appendix of these Conditions and the Contractor shall be supplied with a copy of the priced bills of variations not later than the-end of the said period and before the issue of the Final Certificate.(lv) When due to exceptional circumstances the Contractor does not furnish the documents 28 required! by Section (i ofthis cub-clauso the Architect at his discretion may extend the period for furishing the said documents and any such extension shall also apply t0 the Period of Final Measurement and to the date for the issue of the Final Cerificate. = _._{i)__ So soon a8 is practicable but before the expiration of ten working days from the end of the : Detects Liability: Period stated in the Appendix to these Conditions or from completion of 7 making good defects under Clause 31, of those Conditions or from.the completion of all BEE items of Work or supply-outstanding at Practical Complotion (see Clause 31) of from the Period of Final: Measurement referred to:in Section (li) of sub-clause.(h) of this. Clause jnéni: under-interim-Gertficates_afid-the joney: certified at time of Practical Completion; ary. accordance -with the. terms. ofthese. -suim=of-the=amrounls, 08 out of the: moiety of the rotentior = (il) = the. == Conditions; = Ee e difference. (t-any) between: the two Slims expressed asa balance diio:to the. ‘Contractor from the Employer oF te the Employer from the Contractoras the case may be, Subject to any Authorised by these Conditions the: said balance shall be, a8 of from the ‘day alterthe issue of the said Final Certificate, a debt ae 7 payable as the case may be.by the Employer to the Contractor-or by the’ Contractor to the Employer. cane ; BiH --.0)/. The Said Final Gortificats shall be conclusive in any proceedings arising out of this ‘Contract {whethor by atbitfation under Clause 28 of these: Conditions:or otherwise) that the Works have been propetly carried out and completed in accordance: with the terms ofthis, Contract oe = and that any necessary etfect has béeri given to all terms ofthis Contract which require an. « ans Adgjistment Io be made to-the. Contract Sum, except and insofar as ny sum mentioned in E (°° “the said Final Certificate is erroneaus by reason ot: = : es == (i)-tiaud; cishonesty oF fraudulent-concsaiment relating to the Works of any part thereof _-" oF to’any matter dealt within the: said Final Gorilioate; or soe (i) any defect {including any omission) in.the Works or any part thereof which reasonable ~ ~ <=. jigpection o-examination at any reasonable time during the carrying out of the Works dl the Issue of.the said Final Certificate would not have disclosed: -- () Save as aforesaid no coriicate of the Architect shall of jlself be conclusive eviderice that “any works, materials oF goods to.iwhich it relates are in aecordance with this Contract. i = (Ifthe Architect faig-1o issue’ a Final Cortiigate in-accofdaice-with_ sub-clause (of this. Clause’ then tho Contactor shall be entiléd to: charge. to the Employer interest on tho = ‘amount of thé Final Ceitificate-at the current AA bank fate of interest on overdratts Until 7 =" such lime as-the Final Certificate is issued. = (ir). I the Employer does ‘not ‘pay’ to the Contractor any mount ‘cortilied within the period : - stipulated for payment thereof the Contractor may, without prejudice to other rights and 7 . ~ remedies, after seven working days from. the'latest date on which: the. certificate, shouls : ~"" "have been honoured ‘be entitled fo" cha’ge interest to the Employer on the. amount oulstanding.in respect of. such certificate at the current AA bank rate of interest on. 2.2%. overdrafts until euch time as payment is made by the Employer. 36. Ta) Far the purpose oF his clause: {ij “the Contract Sum shell be deemed to have been calculated in the manner set out bolow and shall bé subject to adjustment in tha events specitiod horeunder; (iy he tute. of the Architects of Ireland in agreement with the Construction Industry Federation-aad the Sociaty of Chartered Surveyors may publish from time to time a Supplemént to hé8e-Genaditions setting out the meanings to be given to certain ‘wordings of this Ciause. ‘The meanings containéd in the Supplement last Bsued before the Designated Date shall take effect as if they were incorporated in this Clause and-stall not be changed. - luring the currency of the Contract. Price. Variations. 20-e (b) The prices contained in the Bill of Quantities or Schedule of Rates referred to in Clause 3 of these Conditions are deemed to be based upon: (i) “the rates of wages and other emoluments and expenses payable by the Contractoy/At the Designated Date to work people engaged upon or in connection with tho 9 ; (W,. such labour on-costs-as are necessatily payable in addition thereto by the Corractor L “= a8 an employer of labaur at the Designated Date: costs are eps peoilied:in-sub-clause (f) of tpfS Clause on any: increase shallbe an addition to or-a deduction-from the Contract Sury/as the case may be - “andl shal Bo palo or allowed by the Contacto accor /the Contractor and cuirent when any togother with the percentage addition specified’ in sub-clause (of this Cl ~~ -to‘of a deduction from the Contract Suns the case. may bé and shall be paid to or allowed-by the. tor ace ) The Contractor shail undertake.tp opder expeditiously the materials or goods required {or the Works but betore doing so/fe shall I req {or shall within a teaspAable time’ ot hs first becoming aware of any substantial ~ ineraase tn: the:price-of any-of jo materials of goods necessary for the execution of the Works‘or of any’substantial ingfease in the sub-contract prices for r any portion of the Works sub-let give written notice théreof to the Architect (©):The Contractor may Inclyéie in any progress: statement as provided for by Clause 35(b) of these Conditions (or: akematively as: part of. the documentation to be furnished by him - ‘Pursuant to: Section fof ‘suib-cause-€5.(h}) @.dotailed statement of-any increases. or. decreases in the rgtés of wages; other emoluments, expenses and/or Labout on-costs'as defined in sub-clgtse (b)-of this Clause, in the prices of materials or goods necessary for the Works-orin.the price of any suib:contracts for any portion of the Works vant parcentage, additions under sub-causse (f} of this Clause. When the rectness.of the said Statement such increases _ rease in wages, other emoluments, expenses and labour ip-clause (0) of this. Clalige. shail be 7.5% and on any increased price ‘under Sub-¢lauise(c){i) of this Clause shall be 12.5%. These perceritage additions shall be doomed to cover the cost ofall tems whatsoaver not otherwise recoverable, under. this Clause, =(9).. The foregoing provisions of this Clause shall not apply to work measured and valued at “Dayivork Prices in accordance with Clause 13 (c). “Ui) “The “foregoing provisions of this Clause shall not apply to making good defects under 7 Clause'31. 2) The foregoing provisions of this Clause shall apply also to any sub-contract for any portion -of the Works. ~ Collateral 87. Collateral Agreements in the standard form published by the Royal Institute of the Architects of Agreements. Ireland, the Construetion Industiy Federation and the Society of Chartered Surveyors acting jointly and current at the Designated Date have been or may be executed between the Employer and Nominated Sub-Contractors. The torms of these Conditions aro deemed to be amended and supplemented in all respects necessary to entitle the Employer vis-a-vis the Contractor to give effect to the terms of such Collateral Agrooments.Disputes 38. (a) Ifa dispute arises between the parties with regard to any of the provisions of the Contract Resolution, such dispute_shall be refered to conciliation in accordance with the Conciliation Procedures published by the Royal institute of the Architects of Ireland in agreement with the Society of Chartered Surveyors and the Construction industry Federation. It settiment of the dispute Is rot reached under the, Conciliation Procedures elther party may-tefer the “Provided always that in casa any. dispute or difference shall afisé between the Employer ct on his behalf and the Contractor, either during the progress of the Works the Contractor unidor the Contract or the- ‘glvé "to the other-notice-oF. sua reby-referred to: thi iia a i deci tor the timie-being J alter consultation. with the President of andthe ‘award of such’ Arbitrator shall'be-final 1¢6; Oxcopt.on Article & or Article. a of the Articles-ot ILnet be opened until after the Practical: the simination oF alleged dotermination’of the Contractors. employment under this Contract, unless with the written: consent of the Employer or of the Archit his:behalt:and-the- Contractor. The pen up; review. and. revise any opinion, decision, dispute which shall be submitted to inthe same manner as if no “Agreement or “Completic nbialogoa Pr '4984- (Number 26 of 1964), or 7 ‘case may'be) oF any act amending the same or elther of them. 22Appendix Designated Daie TQ) ene: Percentage for Professional. : rer Foes (if not Stated, 12.5%) 7 2222 (b). (IF Ail) -22{0) (9 2r (i) Minimum Sum for Employer's - t stated € 13,000,000) Minimum:Sum for: Public Liability : 2 (itnot stated €2,000,000) = Date for Completion “Uuidated and Ascertaind Damages: ~ Detects Liabity Period 81 and 35 0), Guarantee Account “ __ 85la)() Bank Period of interim Certifi (if not stated, 4 weeks) “Time for 1s8u6 of Interim: = 2 ~ - Certificates by the Architect Sead : = Gino! stated, 5 working days) == 3500) andQ.. WWaeleting, Days. Peicentage of Certified Value Retained (not to.exceed 10%) 35(6) « Danone par cant Limit of Retoniion Fund 25(6) € wink '35(q) Bank’. : Branch Period of Final Measurement {itnot stated, 6 months) 235th) (i) Poriod for Serving Notice of Arbitration {if not stated, 40 working days) 23List of Clauses _ CLAUSE = TITLE 1 33. 3. 35. 36. 37. 98. 24 328, Damage due to Use, Occupation or Possession by the Employer . “Clerk of Works | ‘Ascertainment of Prices for Variations Omissions Determination of Contract by Employer Determination of Contract by Contractor Centificates and Payments Wage and Price Variations Collateral Agreements... Disputes Resolution PAGE RBikaeee eee tee ean ca SPSNSHSREBSSSS RAS eos pan YN ooo a uw wae bin owPermitted Wordings PERMITTED WORDINGS OF THE EXCLUSIONS UNDER CLAUSE 23 (e) OF THE AGREEMENT AND SCHEDULE OF CONDITIONS OF BUILDING CONTRACT ISSUED BY THE ROYAL wee ~ = S INSTITUTE OF THE ARCHITECTS OF IRELAND IN AGREEMENT WITH THE CONSTRUCTION INDUSTRY FEDERATION AND THE SOCIETY OF CHARTERED SURVEYORS. = Employers ‘ability. 1 by_a beligerent or in. combating a boligerent or elling an Imagined attack by a belligerent; oF operty of any-baligerent aircraft or any aircrat used ined altack-by 4 Beligerent or any par of, or anything ae aty Stat oF Nation ‘ongaged in-hostitios whether wih the i -". Republic of reland oF not, whether war has bi jn desiared or nol and any person or body acting ~ on behalf of a boligoront. Liability in excess of the sum stated In ihe Apiotdeio {o,tho.Conditions-of Contract for any ane ‘aopiden in excess of the in the Apporidix:to any one claimant or any number of “lelmanis in respect of or arising oul of any one aceutence or all oecuirences ofa series consequent ‘on ong original cauise.. ~ War risks- liability for any conséquenc’ of war, invasion oF act of fofejgn enemy hostilties (whether War bo'dedlared oF nol), civil war, ebsllon, revolulioi, insurrection or military or usurped power, 5 vination/nucléar_ explosion any legal liability -of whatsoever nature’ directly or iyroausel by dr contributed i6 by or arising from: by ragioactiviy from any wadated nuclear fue. oF ftom any Snuiclear- Waste from the combustion of nuclear fuel; “* * = (ii) the radioactive toxic melae oF oth destruction or damage dlfecty“occasioried by caused by alferaft and other aeial devices traveling at sonic or supersonic speeds = (Any. person who sustains Such“an jnjuty of contracts such. disease arising out of and in the re _ course of his:employment by the Insured under a Contract of service or apprenticeship; ~. Cl) any'labour méster (or labour only sub-contractor) or persons supplied by him and/or afy'sell ‘employed person for labour only wihilst-engaged on behalf of the Insited. “Property belonging to. the insured or in the insured’s #6 custody aid conto, wth exceptions — labilly __in respect of loss of or damage to: — = é ~ ()> property belonging to the Insured; = = - {i)._property held in trust by oF in the custody of control ofthe Insuted or of ariy employee or servant oF agent of the Insured other than: (@)_ the personal effects of the lnsured's employoos’provided that liability of the company for loss oF damage in this respect shall not exceed the sum of €700.00 for any one employee; (©) butldings (together with the contents thereof) temporarily occupied by or on behalf of the Insured for the purpose of cleaning, maintenance, alteration or repair. 25Defective workmanship and materials but not damage resulting therefrom- the cost of repaiting, replacing or reinstating detective work or materials or goods provided by or on behalf of the Insured. ; 2 ‘Mechanically propelled vehicles to wpich the Road Traffic Acts apply- liability in respect of injury or disease, loss or damage caused by or in connection with or atising from the ownership or = “possession GF use:by or on behalf of thé Insured of any mechanically propolled vehicle or water ‘or aitborne vessel or craft or the loading or unloading thereof or the delivery or collection of goods 3 Jn-connection wath such ownership. or possession or use but this exception shall not operate. in respeci.of liabilly-for injury or damage occasioned beyond the limits of any carriageway or thoroughfare in, conne git ‘0. any. property: whalsoever oF-eny lo8s or expense === whatsoever resulting oF afising therefrom or any consequential loss; = patra aa] iy caused by oF eonttibuted to by or ©. arising from ionising radiations or contamination by, radioactivity from any fnuclear fuel or _ffom any nuctear waste from the comb: speed. pst ‘of makinig good:any damage, tooth F ploperty. insured, resulting anship. Limited riechanically propalled vehicles: loss of andlor damage to any locomotive, Waterbome ‘esse! OF-cfalt, aircraft, of any mechanically. propelled velfle other than mobile cranes, mechanical navvies; shovels, grabs, excavators, site clearing and leveling plant and vehicles hrplant permanentiy attached. 088.0r damage die to use, o¢cupation or péssession by or on behalf ofthe Employer: damage = atising from the Use or occupation by the Employer.of any portion of the Works. 26Supplement To tho Schedule of Conditions of Building Contract issued by the Royal Institute of the Architects of Ireland in agreement ‘with the Construction Industry Federation and the Society of Chartered Surveyors for the 2002 Edition. ~ Ths following meanings shal be ven to contain worcings in Clause 26: A Moanings for Clause 36(b): 2 1. "Work peoplo” means operatives such-as craftsmen-semi-skilled labour, labourers- drivers and ‘operators of mechanical-plant and-machinery, ‘site time. keepers. andl site clerks. General-foremen, site agents, trade i =foremen and charge hands shall. also. be-deomed.to' be work people. Increases for administrative and other supervisory. spend more than 16 hours from: Monday. to Friday-on-the. site of the, Works i@'spent inconnection with the project: Contract managers and othar such recouped <=. pro rata to:the incfease in the operative's wages and Emoluments as agreed by the Joint Industrial Council for the: Construction-Indust ‘of all ovartime.at standard overtime rates. omiing ‘within. this: meaning are site bonuses, = <=" bonus payments under site ‘areaments product ar incentive bonuses or payments, or payments over ~~." the'standard rates for normal time"or over the'standard overtime rates. = "(6)" “Expenses” means travelling and subsistence (rieal) allowances; countty fioney, tool midney, contractor's = =2\o2 "5. sontibutions to the Construction Industry pension fund and sick pay scheme and any other payments-not ~~ eovered by paragraph (a) of this:Sootion and which may be agreed from time to time by the Joint industrial ~ Counel for te Construction Industry_or failing this, by agreement between the Consiruction Industry Federation-and the authorised Trade Unions... 9... "Labour on-cosis necessarily: payable" means: (a) the relative percentage ‘of Wage Variation Claims set out in the document entitled "Percentage Additions to Labour Costs-to cover Irisurances, Holidays, ole.” issued in agremont-between the Society “of Chatlered- Surveyors: andthe “Construction ‘industyy Federation, the pefcertages. to-be’ Used in ads in’ wages, other emoliments and expenses over atiy period-being “The figué To whieh the percentage addlton, speciied.n'Ciauise 36() isto be added in respect of wages, other emolurnents and expenses shall ba the allowable sum of the Increases or decreases in wages, other 3 ‘emoluments and oxpenses themselves and the relative percentages in respect thereof. = Increases or-decreases in the=relative -porcentages themselves shall not be-payable until taken into == AcpUt in the eulllon ofthe aforesaid document nex’ issued after. thetr occurrence. : -(b) the: Contractor's contributions to eny social Insurance or other premiums not related to. wage Variation claims and payable under a legislative entacimént instrumérit rule or order. An increase or deorease in any lbout-on-cost shall be payable fromthe date on which'it takes:ettect, 4. Any exponses.or labour on-cost not payable at the Designated Date but introduced thereatter as-a result of legislative enactment instrument rule or order.or agreed thereafter by the Joint Industrial Council for the Cofistruction Industry, or failing this, by agreement belweel the Constiuction Industry Federation and the ‘authorised Trade Unions and wen the Contractor is obliged to pay or allow shall be.deomed to be an ngreaseldectéase:- = --- = = B._. Meanings for Clause 36.(6) ">. = z = (a). materials or goods embodiod in the Works: together with Unavoidable waste and surpluses on such materials = -oF goods; (0); materials or goods specitically purchased for temporary use.in he construction and on the site of the Works provided that such materlalsoF goods are-not reusabie'in similar form on another job-and, when no longer Tequired for the Works have only scrap value” ~ - (6) fuels and eteciic power for plant and! essential temporary ighting installations when such fuels and power are \wtiolly consumed on the site of the Works: Provided always that in thie Gase (c) the liabilty of the Employer shall be limited to that part of any increase which is in excess of 10% of the price ruling at the Designated Date, with an-equivalent limitation to the Contractor's Hlabilty in the case of any decrease. The following for the purposes of Clause 36-(c). are deomed-not to be materials or goods necessary for the execution of the Works: 7 forrmwork or any other materials whieh can bo used on another job when no longer required for the Works; materials or goods for temporary work associated with but not embodied in the Works nor used in the construction of the Works (e.g. site huts, hoardings, temporary roads); plant, tools and equipment. 27This form is applicable where ae quantities do not form part of the Contract jued by the Royal Institute of the Architects of Ireland in agreement with the Construction Industry Federation _* vand the Soaiety of Chartered Surveyors ‘8 Merrion Square See * Dublin 2° ere Amenciaents oe insutanés Poy Requirements ‘ __,, Sais 21 22 and 29, dated Angus 2007 i piles oa lease at inset this eon i operable om 111.2007 2002 Edition (Revision 4, Print 4) 7 Printed March 2004 ORIAL 28 7