Ref : LW(G) 119/3/6

LANDS AND WORKS BRANCH GOVERNMENT SECRETARIAT MURRAY BUILDING GARDEN ROAD HONG KONG 10 September 1986

Lands and Works Branch Technical Circular No. 15/86 Day Labour and Plant Hire Schedule for Emergency Works on Term Contracts

(This circular supersedes PWDTC Nos. 58/73, 14/78, 3/80, 11/80, 13/81, 13a/81, 7/82 and LWBTC No. 11/83 which are hereby cancelled)

Traditionally, staff and plant supplied by contractors during emergencies are paid for in accordance with the Emergency Daywork Schedule of Rates agreed between Government and the Hong Kong Building Contractors Association (BCA). The latest such schedule was issued under LWB Technical Circular No. 11/83 on 18.5.83 and covered the period from 1.4.82 to 31.3.83 but since then, BCA has been unable to agree with DFS schedules applicable to emergency works. As an alternative they have agreed to the payment method set out in paragraph 2 below.

2. For the purposes of this technical circular, Emergency Work are those non-routine works which are considered by the officer issuing the Works Order to be of sufficient urgency such as to require additional resources to repair damage, prevent further damage or to avoid injury to persons and shall be so designated as such on the Works Order. With immediate effect, the following method shall be adopted to pay for emergency works :-

A.

Term Contracts (i) For existing term contracts where there has been no provision for payment of emergency works, and for past term contracts for which accounts have not yet been finalised, rates shall be agreed individually between the Client Department and the Contractor concerned for payment purposes.

LWBTC No. 15/86

- 2 (ii) For all new term contracts for which tenders are invited on or after the date of this Circular, an appropriate schedule of rates for labour and plant shall be included to cover emergency works and the schedule of rates items shall be subject to a contractor's tendered percentage as with other contract items.

(iii) Clause 17 (A.O.) and 19 (C.E.) of the General Conditions of Contract (1972 Edition) for term contracts shall be deleted from new contracts put to tender. B. Capital Works Contracts For those Departments where no term contract is let and yet who are charged with some responsibilities under LWB Technical Circular No. 13/85 in dealing with emergency works, appropriate provisions shall be included in their capital works contracts to cover such works.

( G. Barnes ) Secretary for Lands and Works

LWBTC No. 15/86