3.

Time Obligations

3.1. Date for Starting the Work

3.2. Programme of Works
3.3. Work Progress
3.4. Date for Completing the Work
3.5. Starting and Completing the Work in Sections
3.6. Notice of Delay and Extension of Time
3.7. Practical Completion and Practical Completion Certificate

i
 3.8. Completion of Outstanding Works and Remedying Defects 10
3.9. Defect Liability Period and Final Completion Certificate 10
3.10. Sectional Completion 10
3.11. Non-Completion and Compensation for Late Completion 11
3.12. Shortage of Materials 11

3.0 Time Obligations

3.1 Date for Starting the Work

3.1.1 The Contractor must start the work on the date stated at C.6 (Part C of
Appendix).

3.1.2 If a date is not stated, the Contract Administrator must inform the Contractor in
writing of the date for starting the work.

3.2 Programme of Works

3.2.1 Prior to commencement of work, the Contractor must submit to the Contract
Administrator a programme of works. The programme must clearly show:

3.2.1.1 a breakdown of the work to be carried out;

3.2.1.2 the order, sequence and timing in which the Contractor proposes
to execute the activities; and
3.2.1.3 work to be done by Subcontractors.

3.2.2 Whenever there are significant changes which affect the progress of works, the
Contractor shall update the programme of works (without delay). A copy of the
updated programme must be given to the Contract Administrator.

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 3.3 Work Progress

3.3.1 The Contractor must carry and complete the work in a regular and timely manner
taking into consideration:

3.3.1.1 the date for completing the work;

3.3.1.2 any instruction by the Contract Administrator or specific work to

be completed by a certain date;

3.3.1.3 actual progress of work; and

3.3.1.4 any disruption already incurred.

3.3.2 The Contractor must use reasonable endeavours to prevent and minimise any
delay to the progress of the work howsoever caused.

3.4 Date for Completing the Work

3.4.1 The Contractor must complete the works not later than the date stated at C.7
(Part C of Appendix) or the revised date for completing the work.

3.5 Starting and Completing the Work in Sections

3.5.1 If the work is to be started and completed in sections:

3.5.1.1 the description of the sections of the work and the dates for starting
and completing the various sections of the work must be stated at
C.6 (Part C of Appendix) and C.7 (Part C of Appendix); and

3.5.1.2 all provisions in this contract shall apply to each of the sections of
the work.

3.6 Notice of Delay and Extension of Time

3.6.1 If the Contractor is of the opinion that the progress of works has been or will be
delayed, he must notify the Contract Administrator in writing within 14 days of
the occurrence of the event causing the delay. The Contractor must:

3.6.1.1 show the impact of all delays on the programme of works; and

3.6.1.2 provide the estimated duration of the delays and the extension of
time that would be required.

3.6.2 The Contract Administrator must assess the impact of all delays on:

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 3.6.2.1 the work programme;
3.6.2.2 the work to be done; and
3.6.2.3 the date for completing the work.

3.6.3 The Contract Administrator must notify the Contractor in writing within a
reasonable time, whether in his opinion the event causing the delay is one which,
in principle, entitles the Contractor to an extension of time.

3.6.4 The Contract Administrator must adjust the date for completing the work, if
progress of the work is affected and is directly caused by:

3.6.4.1 the act or failure to act by any one or more of the following persons
mentioned below or anyone within their control:

3.6.4.1.1 the Employer;

3.6.4.1.2 the Contract Administrator; or
3.6.4.1.3 other parties engaged by the Employer.

3.6.4.2 exceptionally inclement weather;

3.6.4.3 changes in the scope of work;

3.6.4.4 if the Contractor suspends the work based on provisions in this contract; or

3.6.4.5 a force majeure.

3.6.5 After assessing the impact of the disruption, the Contract Administrator may
adjust the date for completing the work to be earlier or later than a previous date
for completing the work, but the date so adjusted must not be earlier than the
original date for completing the work as stated at C.7 (Part C of Appendix).

3.6.6 The Contract Administrator must revise the date for completing the work and fix
the new date for completing the work in a written certificate clearly identified as
an Extension of Time Certificate.

3.7 Practical Completion and Practical Completion Certificate

3.7.1 When the Contractor considers that he has achieved completion of the work
sufficient to enable the Employer to take possession thereof, he must notify the
Contract Administrator to that effect.

3.7.2 Within 7 days of receipt of such notice, the Contract Administrator must carry out
an inspection of the works and must either:

3.7.2.1 inform the Contractor that in his opinion, the Contractor has
achieved practical completion; or

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 3.7.2.2 give instructions to the Contractor specifying all the works which
in his opinion are required to be completed in order to achieve
practical completion.

3.7.3 When the Contract Administrator is satisfied that the Contractor has achieved
practical completion, he must within 7 days issue a Practical Completion
Certificate to certify the date of practical completion.

3.7 Completion of Outstanding Works and Remedying Defects

3.8.1 The Contractor must complete any outstanding works and remedy any defect
within a period of 12 months from the date stated in the practical completion
certificate.

3.8.2 The Contractor must complete all such works in a timely manner or within such
time as may be specified by the Contract Administrator.

3.9 Defect Liability Period and Final Completion Certificate

3.9.1 The Contract Administrator must issue a certificate clearly identified as a Final
Completion Certificate:

(i) when all the defects notified by him to the Contractor have been made
good to his reasonable satisfaction; or

(ii) at the end of the defects liability period stated at C.9 (Part C of
Appendix), whichever is later.

3.10 Sectional Completion

3.10.1 Before practical completion of the work, the Contract Administrator may certify
practical completion of sections of the works:

(i) If the description of the sections of the work and the dates for starting and
completing the various sections of the work are stated at C.6 (Part C of
Appendix) and C.7 (Part C of Appendix), or elsewhere in this contract;
or

(ii) If the Employer, with the consent of the Contractor, decides to take over
any part sections of the work.

3.10.2 If the Contract Administrator certifies practical completion of such sections of the
work, all provisions in this contract (except the provisions on performance

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 security deposit and insurance) will apply to each section of the work adjusted
accordingly as if each section was a separate contract.

3.11 Non-Completion and Compensation for Late Completion

3.11.1 If the Contractor does not complete the work on or before the date for completing
the work as specified, the Contract Administrator may issue a “Certificate of Non-
Completion” to that effect.

3.11.2 If subsequently the date for completing the work is adjusted by the Contract
Administrator, any earlier “Certificate of Non-Completion” becomes void. The
Contract Administrator must then issue a new “Certificate of Non- Completion”.

3.11.3 Upon the issue of a “Certificate of Non-Completion”, the Employer is entitled to

recover from the Contractor, financial compensation for late completion.

3.11.4 Financial compensation for late completion is calculated for delay between the
time when the Contractor’s work should have been completed and the time when
the work is actually completed as confirmed by the Contract Administrator in a
Certificate of Practical Completion.

3.11.5 The Employer and the Contractor may pre-agree on the rate for financial
compensation for late completion as liquidated and ascertained damages at the
rate stated at C10 (Part C of Appendix).

3.12 Shortage of Materials

3.12.1 The Contractor shall ensure that during all phases of the performance of the
Contract, he has adequate materials on site and shall ensure that adequate supplies
of materials will be available to him for execution of the Contract.

3.12.2 If despite all precautions taken by the Contractor, he encounters a shortage of

materials on the local market which affects directly the execution of the works,
then the Contractor may upon submission of all supporting evidences to the
Contract Administrator, be exceptionally entitled to an extension of time,
provided that the Contract Administrator is convinced that there was in fact such a
shortage.

3.12.3 Such extension of time does not entitle the Contractor to any claim for additional
payment.

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-7-
 Reference to Part A and Part
Items Particulars
B of this Agreement

C.1 A.1

Date of this Contract

C.2 A.2 Employer Contractor

Parties to the Contract

C.2.1 Authorised Signature

C.2.2 Name of person who

signs this contract

C.2.3 National Identity Card No.

C.2.4 Designation

C.2.5 Name of Organisation

C.2.6 Office Address

C.2.7 Telephone No.

C.2.8 Mobile No.

C.2.9 Fax No.

C.2.10 E-mail Address

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Construction Industry Development Board
 Reference to Part A and Part
Items Particulars
B of this Agreement

C.3 A.3

Contract Administrator's
Details

C.3.1 Name of Authorised Person

C.3.2 Name of Organisation

C.3.3 Official Address

Telephone No.
C.3.4
Mobile No.

C.3.5 Fax No.

C.3.6 E-mail Address

C.4 A.4

Short Title of the Project

C.5 A.6 (xi)

Other Documents, other than

those already listed at A.6 (i)
to (x) which are to form part
of this Contract

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Construction Industry Development Board
 Reference to Part A and Part B of
Items Particulars
this Agreement

C.6 A.7
B 3.1.1
B.3.5.1(i)
B 3.10.1 (i)
Date for starting the work
Date for starting section (s)
of the work (if applicable)

C.7 A.8
B 3.4.1
B 3.5.1 (i)
B 3.10.1 (i)
Date for completing the work
Date for completing section(s)
of the work (if applicable)
C.8 A.9

Price (inclusive of VAT) for the (In Words)

Contractor's work (Mauritian
Rupees)

(In Figures)

C.9 B 3.9.1 (ii)

Date provided for the issue of 12 months from the date the Contractor completes the work as
stated in the Practical Completion Certificate (Defects Liability
Final Completion Certificate Period)

C.10 B 3.11.5 Amount per day (MUR)

(In Words)
Financial compensation for
delay by Contractor pre-agreed
as Liquidated and Ascertained (In figures)
Damages (Maximum value 15%
of Contract Price)

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Construction Industry Development Board
 Reference to Part A and Part B of this
Items Particulars
Agreement

C.11 B.4.2.5

(MUR) …..%
Amount of Advance Payment
of price for the work or pro rata with

not later than days from the date of

Time for payment of advance payment
an Advance Payment Certificate

Equal monthly instalment of

Amount of repayment of advance (MUR) or pro rata based on work
executed

C.12 B 4.2.5
Not later than days from the date
Time for payment
of payment certificate

C.13 B 4.3.2 (iv)

Percentage of value of materials

delivered on site to be included in
payment certificates %

C.14 4.3.3 (vii)

Percentage of value of materials stored

off-site to be included in payment
certificates %

C.15 B 4.3.3 (vii)

Percentage of retention money
calculated as a total of work done in
payment certificates %

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Construction Industry Development Board
 Reference to Part A and Part
Items Particulars
B of this Agreement

C.16 B 7.2.2
Person who nominates a The Chairperson of CIDB
Conciliator

C.17 Person who nominates an The Chairperson of CIDB

arbitrator or
The Court

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Construction Industry Development Board
Construction Industry Development Board

5th & 6th Floors, Mutual Aid Building II

5, Guy Rozemont Square
Pourt Louis
MAURITIUS

Tel: (230) 211 7878 Fax: (230) 211 0380

Email: cidbmauritius@intnet.mu
Website: http://cidb.gov.mu

ISBN:978-99949-0-062-6