Small Works - 5 DRAFT Notices and Communications

CONSTRUCTION
CONTRACT
FOR SMALL WORKS
DRAFT NOTICES AND
COMMUNICATIONS
DRAFT Version 1.0 | 2022
DRAFT Notices and Communications
TABLE OF CONTENTS
INSTRUCTIONS 5
001 – Notice of ambiguity, conflict or discrepancy in the Contract – Sub-Clause 1.5 (b) 7
002 – Notice of assignment or novation by Employer – Sub-Clause 1.7 (a) 8
003 – Consent or no consent to assignment or novation by the Contractor – Sub-Clause 1.7 © 9

005 – Consent or no consent to change the Joint Venture composition or legal status – Sub-Clause 1.11 (a) (ii)
11
006 – Consent or no consent to use the name, emblem, official seal or abbreviation of the Employer or the United
Nations – Sub-Clause 1.13 (a) 12
007 – Right of access to and possession of the full or partial Site – Sub-Clause 2.1 14
008 – Appointment of the Employer’s Representative – Sub-Clause 3.1 (a) 15

009 – Notice of assignment of the Employer’s Representative’s Assistant and their duties and delegation of
authority – Sub-Clause 3.2 (a) 15
010 – Notice of revocation of assignment of duties and/or delegation of authority to the Employer’s
Representative’s Assistant – Sub-Clauses 3.2 (a) 17
011 – Notice of assignment of additional duties or delegation of additional authorities to the Employer’s
Representative’s Assistant – Sub-Clause 3.2 (a) 18
012 – Request to submit progress report – Sub-Clause 4.1 (e) 19

013 – Consent or no consent to the Contractor's intention to revoke the appointment of the Contractor’s
Representative – Sub-Clause 4.3 (c) 20
014 – Consent or no consent to the appointment of a replacement to the Contractor’s Representative – Sub-
Clause 4.3 (c) 21
015 – Consent or no consent to the proposed Subcontractor – Sub-Clause 4.4 (b) and (c) 22
016 – Instruction to procure and employ a Nominated Subcontractor – Sub-Clause 4.4 (g) 24
017 – Instruction to remove the Contractor’s Personnel – Sub-Clause 4.5 (c) 25

018 – Consent or no consent to the Contractor's intention to revoke the appointment of Key Personnel – Sub-
Clause 4.5 (e) 26
019 – Consent or no consent for the replacement of Key Personnel – Sub-Clause 4.5 (e) 27
020 – Request for evidence of payments – Sub-Clause 4.6 (a) 28

021 – Notice of payment to the Contractor’s Personnel, Subcontractor(s), or Nominated Subcontractor(s) – Sub-
Clause 4.6 (b) 29
022 – Consent or no consent for the removal of the Contractor's Equipment – Sub-Clause 4.7 (a) 29
023 – Instruction to set out the Works – Sub-Clause 4.8 (a) 31
024 – Notice to Correct: Health and Safety Improvement Notice – Sub-Clauses 4.9 (d) and 11.1 32
025 – Notice of suspension for breach of health and safety obligations – Sub-Clauses 4.9 (f) and 6.6 (a) 33
Construction Contract for Small Works 2 of 72 DRAFT Version 1.0 | 2022

026 – Instruction to terminate the Subcontractor or Nominated Subcontractor – Sub-Clause 4.9 (i) 34
027 – Request to uncover the Works for testing – Sub-Clause 4.11 (e) 35
028 – Authorization of personnel access to the Site – Sub-Clause 4.14 (a) 36

029 – Consent or no consent for the storage and use of arms, ammunition and explosives on the Site – Sub-
Clauses 4.16 (a) and 4.23 (a) 37
030 – Notice of No-objection or rejection of the Contractor’s design – Sub-Clause 5.1 (c) and (d) 39
031 – Notice of non-compliance of the Programme – Sub-Clause 6.3 (b) 41
032 – Notice of No-objection of the Programme – Sub-Clause 6.3 (b) 42
033 – Request to submit a revised Programme – Sub-Clause 6.3 (c) 43
034 – Notice to suspend progress of the Works or parts of the Works – Sub-Clause 6.6 (a) 44
035 – Notice to resume progress of the Works or parts of the Works – Sub-Clause 6.6 (b) 44
036 – Notice to resume progress of the Works or parts of the Works under a prolonged suspension – Sub-Clause
6.6 (c) 45
037 – Issuance or no issuance of Taking-Over Certificate – Sub-Clause 7.2 (a) 46

038 – Issuance or no issuance of Taking-Over Certificate for Part used or occupied by the Employer – Sub-
Clause 7.2 (d) 48
039 – Notice of defects – Sub-Clause 8.1 (a) 49
040 – Extension of Defects Notification Period – Sub-Clause 8.1 (d) and (e) 50
041 – Issue of the Final Completion Certificate – Sub-Clause 8.3 50
042 – Notice of Variation instruction – Sub-Clauses 9.1 (a) 52

043 – Approval or no approval of the Contractor’s proposal responding to the Notice of Variation instruction –
Sub-Clause 9.1 (c) and (e) 52
044 – Instruction to carry out work under Provisional Sum – Sub-Clause 9.3 55
045 – Instruction to carry out Variation on a daywork basis – Sub-Clause 9.4 56
046 – Issue of the Final Payment Certificate – Sub-Clauses 10.7 and 10.9 56
047 – Set-off of amounts due by the Employer – Sub-Clause 10.12 58
048 – Notice to Correct – Sub-Clause 11.1 58
049 – Notice of intention to terminate the Contract – Sub-Clause 11.2 (a) 60
050 – Notice of termination of the Contract – Sub-Clause 11.2 (b) 61
051 – Notice of immediate termination of the Contract – Sub-Clause 11.2 (c) 62
052 – Notice of termination for the Employer's convenience – Sub-Clause 11.4 (a) 63
053 – Agreement or determination of valuation and payment after termination for Employer's convenience – Sub-
Clause 11.5 (b) 64

054 – Instruction to rectify loss or damage to the Works – Sub-Clause 13.3 (a) 65
055 – Notice of Force Majeure – Sub-Clause 14.2 (a) 66
056 – Notice of conclusion of effects from Force Majeure – Sub-Clause 14.3 (b) 67
057 – Employer’s agreement or determination on the consequences of Force Majeure – Sub-Clause 14.4 (b) 68
058 – Notice of termination due to Force Majeure – Sub-Clause 14.5 (a) 69
059 – Approval or no approval of insurance – Sub-Clause 15.2 (b) 70

060 – Employer’s Representative’s agreement or determination on the Contractor’s Claim – Sub-Clause 16.1 (c)
72

INSTRUCTIONS
1. This template was last updated in September 2022. If more than a few months have
passed since that date, please visit the works contract intranet page to find a link to the
Contracts for Works templates to ensure that you are using the most recent version.
Please send any feedback or suggestions on these templates to the Infrastructure and
Project Management Group (IPMG) (ipmg.publications@unops.org), to contribute to
the continuous work to improve the templates.
2. This template is for use in support of the Construction Contract for Small Works.
3. Instructions on how to use these templates are provided below. Additional questions
may be directed to IPAS Legal through the IPAS Solution Portal.
4. Contract Notices and other communications may be drafted and issued by different
roles throughout the duration of the Contract. The provided templates cover Notices
and communications that would be sent by the Employer’s Representative or by the
personnel acting on behalf of the Employer. All relevant guidance should be followed
and the General Conditions of Contract should be consulted when preparing the
communication.
5. Content to be completed is highlighted in grey, with additional instructions in brackets,
as shown in the examples below and should be completed by fully replacing all the
grey highlights with the relevant text. The final version of a completed Notice or
communication should not include any grey highlights.
For example, before completion:
“... received by the Employer on [insert date] …”
“... to give effect to the [select one: novation; assignment(s)] under this Notice …”
“The [select one or both: assignment; [and] delegation] to the Employer’s
Representative’s Assistant …”
After completion:
“... received by the Employer on 18 August 2022 …”
“... to give effect to the assignments under this Notice …”
“The assignment and delegation to the Employer’s Representative’s Assistant …”
6. When a template indicates that it requires consultation with a Legal Advisor, project
teams must follow the provided instructions and contact IPAS Legal.
7. To use a template for any Notice or communication:
Step 1. Create a copy of the UNOPS letterhead template (or another letterhead, if
relevant).
Step 2. Copy the template content starting with the date in the upper right hand
corner and including all content through the signature and any “copy to”,
“attachment” or notes at the bottom. Do not copy the title of the template at
the top of the page.
Step 3. Paste the content into the letterhead template.
Step 4. Complete the template by filling in all of the text highlighted in grey. Do so by
fully selecting the highlighted grey text, inclusive of the square brackets, and
writing to replace the content.
a. Contract: the contract title and contract ID should exactly match the
information in the oneUNOPS (oU) Contract Management module.
b. Ref. No.: This is a unique number for each Notice or communication

sent, to allow project teams to refer back to a specific communication.
The reference number is a combination of two numbers: the seven-digit

contract ID from the oU Contract Management module followed by a

unique four-digit ID, e.g., 1234567-0001. A suggested approach is to
use consecutive numbering for each Notice or communication as it is
sent, e.g., -0001, -0002, -0003. This is also the number that should be
filled in for the following prompt: [insert reference number].
c. Contractor: The Contractor is an entity and is named in the Instrument

of Agreement that was signed by both the Contractor and the Employer
(UNOPS). The Contractor’s name is fixed for the duration of the Contract.
d. Contractor’s Representative: The Contractor’s Representative is a

person and is identified in Schedule 1.2 [Details Provided by the
Contractor], which is completed by the Contractor as part of the
solicitation process. The name, address and email address of the
Contractor’s Representative can typically be copied from Schedule 1.2,
however, the designated person may change over the course of the
Contract and the most current information should always be used when
issuing any communication.
e. Employer’s contact person: There is a contact person for the

Employer listed in Schedule 1.1 [Details Provided by the Employer]
under ‘Employer’s address for communication’. The contact should be
the relevant Procurement Authority identified during the solicitation
process. This person may change over the course of the Contract and
the most current information should always be used when issuing any
communication.
Step 4. Delete any option that is not applicable as well as the yellow highlighted text
and the yellow notes box.
Step 5. Select all the text and apply the highlight colour “none”. This will fully remove
all the grey highlights from the completed letter.
Step 6. Ensure that person issuing signs the communication, either digitally or
manually, in the space following “Sincerely,”.
Step 7. Send the Notice or communication to the Contractor’s Representative,
copying all those identified and any others as deemed might be necessary to
be copied, and including any relevant attachments. Notices and other
communications may be physically delivered to an address, or sent or
transmitted as a document, signed, scanned and attached in an email, as
detailed in Sub-Clause 1.3 [Notices and Other Communications].
8. All templates for Notices and communications are listed consecutively based on the
corresponding Sub-Clause from the General Conditions of Contract and assigned a
unique ID number accordingly. For more advanced sorting, refer to the complete List
of Contract Notices and Communications.

001 – Notice of ambiguity, conflict or discrepancy in the Contract – Sub-Clause 1.5 (b)
Date: [insert date]

Ref. No.: [insert 7-digit Contract ID-####]
Employer: UNOPS
Contractor: [insert the Contractor’s name as indicated in the Instrument of Agreement]
Attention to: [insert the Contractor’s Representative’s full name]

Contractor’s Representative
[insert the Contractor’s Representative’s address]
[insert the Contractor’s Representative’s email address]
Contract: [insert the Contract title as indicated in the oneUNOPS Contract Management module]
[insert the 7-digit Contract ID as indicated in the oneUNOPS Contract Management module]
Subject: Notice of [select one: ambiguity; conflict; discrepancy] in the Contract
Dear [insert name of the Contractor’s Representative],
➔ Option 1: If notifying
In reference to Sub-Clause 1.5 (b) [Priority of Documents] of the General Conditions, the following [select
one: ambiguity; conflict; discrepancy] has been identified in a document forming the Contract: [insert details
of the affected contract document and the identified ambiguity, conflict or discrepancy].
➔ Option 2: If a Notice has been received

This Notice is in reference to Sub-Clause 1.5 (b) [Priority of Documents] of the General Conditions and to the
Contractor’s Notice with reference number [insert reference number] dated [insert date] and received on
[insert date], in relation to [select one: an ambiguity; a conflict; a discrepancy] in a document forming the
Contract. The details are as follows: [insert details of the affected contract document and the identified
ambiguity, conflict or discrepancy].
The Contractor is hereby instructed to follow the [select one: clarification; instruction] as follows: [insert
clarification or instruction to be followed by the Contractor].
Sincerely,
Signed by: [insert full name]

Employer’s Representative
Copy to: [insert the full name of the Employer’s contact person], [position title], UNOPS
NOTES
➔ A contact person for the Employer is listed in Schedule 1.1 [Details Provided by the Employer] under
‘Employer’s address for communication’. This person should be the relevant Procurement Authority
identified during the solicitation process. The contact person may change over the course of the Contract
and the most current information should always be used when issuing this communication.
➔ There are two options set out above. Delete whichever option is not applicable as well as the yellow
highlighted text and this yellow notes box before sending.

002 – Notice of assignment or novation by Employer – Sub-Clause 1.7 (a)
NOTES
➔ Use of this template requires consultation with a Legal Advisor. Project teams must contact IPAS Legal for a
copy of the template and related support. Failure to do so may result in serious legal and commercial
consequences for UNOPS.

003 – Consent or no consent to assignment or novation by the Contractor – Sub-

Clause 1.7 ©
NOTES

004 – Consent or no consent for disclosure of confidential or other Contract

information or documents – Sub-Clause 1.9 (a)
NOTES

005 – Consent or no consent to change the Joint Venture composition or legal status
– Sub-Clause 1.11 (a) (ii)
NOTES

006 – Consent or no consent to use the name, emblem, official seal or abbreviation of
the Employer or the United Nations – Sub-Clause 1.13 (a)
Date: [insert date]

Employer: UNOPS
Attention to: [insert the Contractor's Representative's full name]

Subject: [Select one: Consent; No consent] to use the [select one or several:
name; emblem; official seal; [and] abbreviation] of the Employer or the United Nations
This communication is in reference to Sub-Clause 1.13 (a) [Publicity and Use of the Name or Emblem of the
Employer and the United Nations] of the General Conditions and to the Contractor’s communication with
reference number [insert reference number] dated [insert date] and received by the Employer on [insert date],
requesting the Employer’s permission to make use of [select one or several: the name; the emblem; the official
seal; [and] the abbreviation] of the Employer or the United Nations in connection with [insert details of intended
purpose of disclosure as requested by the Contractor].
➔ Option 1: Consent
The Employer hereby permits the Contractor to [insert details of the permission] for the sole purpose of
[insert purpose].
The Contractor is required to [insert details of Contractor's obligations].
➔ Option 2: No consent
The Employer does not permit the Contractor to [insert details of the request] for the following reasons:
[insert reasons].
This communication does not in any way relieve the Contractor from any of its warranties, obligations or liabilities
under or in connection with the Contract.
Sincerely,
Signed by: [insert full name of the Employer’s contact person]

For and on behalf of the Employer
NOTES


007 – Right of access to and possession of the full or partial Site – Sub-Clause 2.1
Date: [insert date]

Employer: UNOPS

Subject: Right of access to and possession of the [select one: full; partial] Site
In reference to Sub-Clause 2.1 [Right of Access to the Site] of the General Conditions,
➔ Option 1: Full Site

the Contractor is hereby granted non-exclusive right of access to and possession of the Site effective from
[insert date].
➔ Option 2: Part of Site

the Contractor is hereby granted non-exclusive right of access to and possession of the following part[s] of
the Site effective from [insert date]: [insert details on the part(s) of the Site where access is granted].
Sincerely,

Copy to: [insert the full name of the Employer’s Representative], Employer’s Representative
NOTES
➔ The date of access must not be later than the date stated in the Schedule 2.2 [Site Plan] or if no such time is
stated in the Schedule, must be within such times as may be required to enable the Contractor to proceed in
accordance with the dates for access to and possession of the Site identified in the original Programme.

008 – Appointment of the Employer’s Representative – Sub-Clause 3.1 (a)
Date: [insert date]

Employer: UNOPS

Subject: Appointment of the Employer’s Representative
In reference to Sub-Clause 3.1 (a) [Employer’s Representative] of the General Conditions, the Employer advises
that [insert name] has been appointed as the Employer’s Representative effective from [insert date].
The Employer’s Representative shall carry out duties and exercise authorities as specified in or implied by the
Contract.
The Employer’s Representative shall have no authority to amend the Contract or to relieve either Party of or
waive any duty, obligation or responsibility under or in connection with the Contract.
Sincerely,

NOTES

009 – Notice of assignment of the Employer’s Representative’s Assistant and their

duties and delegation of authority – Sub-Clause 3.2 (a)
Date: [insert date]

Employer: UNOPS

Subject: Notice of assignment of the Employer’s Representative’s Assistant and

their duties and delegation of authority
In reference to Sub-Clause 3.2 (a) [Employer’s Representative’s Assistants] of the General Conditions, the
Contractor is hereby notified that [insert name] has been assigned as the Employer’s Representative’s Assistant
effective from [insert date].
Furthermore, the following duties of the Employer’s Representative are assigned and authority delegated to the
Employer’s Representative’s Assistant: [list the specific duties assigned and authority delegated and/or any
exclusions].
Sincerely,
Signed by: [insert full name of the Employer’s contact person or the Employer’s Representative]
[Select one: For and on behalf of the Employer; Employer’s Representative]
NOTES

010 – Notice of revocation of assignment of duties and/or delegation of authority to

the Employer’s Representative’s Assistant – Sub-Clauses 3.2 (a)
Date: [insert date]

Employer: UNOPS

Subject: Notice of revocation of [select one or both: assignment of duties; [and]

delegation of authority] to the Employer’s Representative’s Assistant
This Notice is in reference to Sub-Clause 3.2 (a) [Employer’s Representative’s Assistants] of the General
Conditions and to the Employer’s Notice with reference number [insert reference number] dated [insert date],
whereby [insert name] was appointed as the Employer’s Representative’s Assistant, assigned the specified
duties and delegated authority.
The Contractor is hereby advised that the following [select one or both: assignment of duties; [and] delegation of
authority] to the Employer’s Representative’s Assistant [select one: has; have] been revoked [select one:
effective immediately; from the date of receipt of this Notice by the Contractor]: [insert the specific details of the
duties and/or authorities revoked].
Sincerely,
NOTES

011 – Notice of assignment of additional duties or delegation of additional authorities

to the Employer’s Representative’s Assistant – Sub-Clause 3.2 (a)
Date: [insert date]

Employer: UNOPS

Subject: Notice of [select one or both: assignment of additional duties; [and]

delegation of additional authorities] to the Employer’s Representative’s Assistant
This Notice is in reference to Sub-Clause 3.2 (a) [Employer’s Representative’s Assistants] of the General
Conditions and to the Employer’s Notice with reference number [insert reference number] dated [insert], whereby
[select one or both: duties were assigned; [and] authorities were delegated] to the Employer’s Representative’s
Assistant.
Further to the [select one or both: previous duties assigned; [and] authorities delegated], the following additional
[select one or both: duties are assigned; [and] authorities are delegated] to the Employer’s Representative’s
Assistant [insert name]: [list the specific duties being assigned and/or authority being delegated].
The [select one or both: assignment; [and] delegation] to the Employer’s Representative’s Assistant will take
effect from the date this Notice is received by the Contractor.
Sincerely,
NOTES

012 – Request to submit progress report – Sub-Clause 4.1 (e)
Date: [insert date]

Employer: UNOPS

Subject: Request to submit progress report [insert frequency]
In reference to Sub-Clause 4.1 (e) [Contractor’s General Obligations] of the General Conditions, the Contractor is
required to submit monthly progress reports in relation to the Works and any health, safety, social and
environmental aspects in connection with the Works.
The Contractor is hereby requested to submit the progress report [insert the frequency and the recurring due
date]. The report shall comply with the requirements stated in Schedule 3.7 [Reporting Requirements].
Sincerely,


013 – Consent or no consent to the Contractor's intention to revoke the appointment

of the Contractor’s Representative – Sub-Clause 4.3 (c)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Consent; No consent] to the Contractor's intention to

revoke the appointment of the Contractor’s Representative
This communication is in reference to Sub-Clause 4.3 (c) [Contractor's Representative] of the General Conditions
and to the Contractor’s communication with reference number [insert reference number] dated [insert date] and
received on [insert date], requesting consent to revoke the appointment of [insert name] as the Contractor’s
Representative due to the following reasons: [insert the reasons given for the revocation of the appointment].
Consent is hereby granted for the request to revoke the appointment of [insert name] as the Contractor’s
Representative. The Contractor is therefore instructed to submit the name and particulars of another suitable
replacement by [insert date].
Consent is not granted for the request to revoke the appointment of [insert name] as the Contractor’s
Representative due to the following reasons: [insert reasons].
Sincerely,

NOTES

014 – Consent or no consent to the appointment of a replacement to the Contractor’s

Representative – Sub-Clause 4.3 (c)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Consent; No consent] to the appointment of a replacement

to the Contractor’s Representative
This communication is in reference to Sub-Clause 4.3 (c) [Contractor's Representative] of the General Conditions
and to the Contractor’s communication with reference number [insert reference number] dated [insert date] and
received on [insert date], requesting consent for the appointment of [insert name] as the Contractor’s
Representative to replace [insert name].
Consent is hereby granted for the appointment of [insert name] as the Contractor's Representative.
Consent is not granted for the appointment of [insert name] as the Contractor's Representative for the
following reasons: [insert reasons].
Sincerely,

NOTES

015 – Consent or no consent to the proposed Subcontractor – Sub-Clause 4.4 (b) and
(c)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Consent; No consent] to the proposed Subcontractor
This communication is in reference to Sub-Clause 4.4 (b) and (c) [Subcontracting] of the General Conditions and
to the Contractor’s Notice with reference number [insert reference number] dated [insert date] and received by
the Employer on [insert date], requesting consent to subcontract [insert part of the Works to be subcontracted] to
the Subcontractor [insert the name of the proposed Subcontractor].
Consent is hereby granted for the request to appoint the proposed Subcontractor [insert name of proposed
Subcontractor] for the execution and delivery of [insert details of the part of the Works to be subcontracted].
The Contractor shall be responsible for the work of its Subcontractors, for managing and coordinating all the
Subcontractors’ work, and for the acts, omissions or defaults of any Subcontractor, its agents or employees,
as if they were the acts, omissions or defaults of the Contractor.
This communication shall not in any way relieve the Contractor from any of its warranties, obligations or
liabilities under or in connection with the Contract.
Consent is not granted for the request to appoint the proposed Subcontractor [insert name of proposed
Subcontractor] for the execution and delivery of [insert details of the part of the Works to be subcontracted]
for the following reasons: [insert reasons].
➔ Option 3: Request for further information

The following additional information is required to verify that the proposed Subcontractor is acceptable to the
Employer to execute the proposed subcontracted Works: [insert details of further information required as
indicated in Sub-Clause 4.4 (c) [Subcontracting] and any other information deemed necessary].
Sincerely,


NOTES
➔ There are three options set out above. Delete whichever options are not applicable as well as the yellow

016 – Instruction to procure and employ a Nominated Subcontractor – Sub-Clause 4.4

(g)
Date: [insert date]

Employer: UNOPS

Subject: Instruction to procure and employ a Nominated Subcontractor
In reference to Sub-Clause 4.4 (g) [Subcontracting] of the General Conditions and Schedule 3.6 [Nominated
Subcontractors], the Contractor is hereby instructed to procure and employ [insert details of the Nominated
Subcontractor] to carry out the following: [insert details from the list of work identified under Schedule 3.6].
The Contractor shall be responsible for the work of its Nominated Subcontractors, for managing and coordinating
all the Nominated Subcontractors’ work, and for the acts, omissions or defaults of any Nominated Subcontractor,
its agents or employees, as if they were the acts, omissions or defaults of the Contractor.
Sincerely,

NOTES

017 – Instruction to remove the Contractor’s Personnel – Sub-Clause 4.5 (c)
Date: [insert date]

Employer: UNOPS

Subject: Instruction to remove the Contractor’s Personnel
In reference to Sub-Clause 4.5 (c) [Contractor's Personnel] of the General Conditions, the Contractor is hereby
required to remove [insert name(s) of Contractor’s Personnel] from the [insert “Site” or details on the personnel’s
position in connection with the execution of the Works] within [insert time period by which person must be
removed].
The Contractor is required to remove this person for the following reasons: [insert reasons as described in Sub-
Clause 4.5 (c) [Contractor’s Personnel]].
Pursuant to Sub-Clause 4.5 (d) [Contractor’s Personnel], the Contractor shall appoint or cause to be appointed a
suitable replacement person.
Sincerely,

NOTES

018 – Consent or no consent to the Contractor's intention to revoke the appointment

of Key Personnel – Sub-Clause 4.5 (e)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Consent; No consent] to the Contractor's intention to

revoke the appointment of Key Personnel
This communication is in reference to Sub-Clause 4.5 (e) [Contractor's Personnel] of the General Conditions and
to the Contractor’s Notice with reference number [insert reference number] dated [insert date] and received on
[insert date], requesting consent to revoke the appointment of the Key Personnel [insert name] to the position of
[insert position] due to the following reasons: [insert the reasons given for intending to revoke the appointment].
Consent is hereby granted for the request to revoke the appointment of [insert name] to the position of [insert
position]. The Contractor is therefore instructed to submit the name and particulars of another suitable
replacement by [insert date].
Consent is not granted for the request to revoke the appointment of [insert name] to the position of [insert
position] due to the following reasons: [insert reasons].
Sincerely,

NOTES

019 – Consent or no consent for the replacement of Key Personnel – Sub-Clause 4.5
(e)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Consent; No consent] for the replacement of Key Personnel
This communication is in reference to Sub-Clause 4.5 (e) [Contractor's Personnel] of the General Conditions and
to the Contractor’s communication with reference number [insert reference number] dated [insert date] and
received on [insert date], requesting consent for the replacement of a Key Personnel [insert name] to fill the
position of [insert position].
Consent is hereby granted for the appointment of [insert name] to the position of [insert position] replacing
[insert name and position] on the following basis: [insert details of approval or conditional approval, if any].
Consent is not granted for the appointment of [insert name] to the position of [insert position] replacing [insert
name and position] for the following reasons: [insert reasons].
Sincerely,

NOTES

020 – Request for evidence of payments – Sub-Clause 4.6 (a)
Date: [insert date]

Employer: UNOPS

Subject: Request for evidence of payments
In reference to Sub-Clause 4.6 (a) [Non-payment by Contractor] of the General Conditions, the Employer has
become aware that the Contractor has failed to pay the [select one:Subcontractor(s); Nominated
Subcontractor(s); Contractor's Personnel] in accordance with the Contract.
The Employer hereby gives this Notice to the Contractor requesting to submit reasonable documentary evidence:
1. that the [select one: Subcontractor(s); Nominated Subcontractor(s); Contractor's Personnel] [select one:
has; have] received all amounts due; or
2. that satisfies the Employer that the Contractor is reasonably entitled to withhold or refuse payment to the
[select one: Subcontractor(s); Nominated Subcontractor(s); Contractor's Personnel].
The Employer may, in its absolute discretion, pay the [select one: Subcontractor(s); Nominated Subcontractor(s);
Contractor's Personnel] the amount the Employer determines as due and for which the Contractor has failed to
submit the requested evidence.
Sincerely,

NOTES

021 – Notice of payment to the Contractor’s Personnel, Subcontractor(s), or

Nominated Subcontractor(s) – Sub-Clause 4.6 (b)
Date: [insert date]

Employer: UNOPS

Subject: Notice of payment to the [select one: Contractor’s Personnel;

Subcontractor(s); Nominated Subcontractor(s)]
This Notice is in reference to Sub-Clause 4.6 (b) [Non-payment by Contractor] of the General Conditions and to
the Employer’s communication with reference number [insert reference number] dated [insert date], requesting
evidence of payments made to the [select one: Contractor’s Personnel; Subcontractor(s); Nominated
Subcontractor(s)].
The Contractor is hereby given Notice that the Employer has paid the [select one: Contractor’s Personnel;
Subcontractor(s); Nominated Subcontractor(s)] in the amount [insert the amount paid], which the Employer
determines as due and for which the Contractor has failed to submit satisfactory evidence as described in Sub-
Clause 4.6 (a) [Non-payment by Contractor].
The Employer shall recover, subject to Sub-Clause 10.12 [Set-Off], this amount paid as a debt due from the
Contractor to the Employer.
Sincerely,

NOTES

022 – Consent or no consent for the removal of the Contractor's Equipment – Sub-
Clause 4.7 (a)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Consent; No consent] for the removal of the Contractor's
Equipment
This communication is in reference to Sub-Clause 4.7 (a) [Contractor’s Equipment] of the General Conditions and
to the Contractor’s communication with reference number [insert reference number] dated [insert date] and
received on [insert date], requesting consent to remove major items of the Contractor’s Equipment from the Site.
Consent is hereby granted for the removal of the following major items of the Contractor's Equipment from
the Site: [insert major items of the Contractor's Equipment that can be removed from the Site].
The Contractor is required to return the Contractor’s Equipment to the Site by [insert date].
[insert details of any other requirements that the Contractor must follow, if applicable].
Consent is not granted for the removal of the following major items of the Contractor’s Equipment from the
Site: [insert major items of the Contractor's Equipment that cannot be removed from the Site]. This is due to
the following reasons: [insert reasons].
Sincerely,

NOTES

023 – Instruction to set out the Works – Sub-Clause 4.8 (a)
Date: [insert date]

Employer: UNOPS

Subject: Instruction to set out the Works
In reference to Sub-Clause 4.8 (a) [Setting Out] of the General Conditions, the Contractor is hereby instructed to
set out the Works in relation to the original points, lines and levels of reference specified in the Contract and in
accordance with the following details: [insert details here].
The Contractor shall be responsible for the correct positioning of all parts of the Works, including verifying the
accuracy of all these items of reference prior to setting out the Works. The Contractor shall rectify any error in the
positions, levels, dimensions or alignments of the Works.
Sincerely,


024 – Notice to Correct: Health and Safety Improvement Notice – Sub-Clauses 4.9 (d)
and 11.1
Date: [insert date]

Employer: UNOPS

Subject: Notice to Correct: Health and Safety Improvement Notice
In reference to Sub-Clauses 4.9 (d) [Health, Safety, Social and Environment] and 11.1 [Notice to Correct] of the
General Conditions, it has been noted that the Contractor has failed to comply with the health and safety
obligations as set out in the Contract.
The Contractor is hereby issued this Health and Safety Improvement Notice to implement the necessary
corrective measures and comply with the following health and safety requirements in accordance with the
Contract: [insert the health and safety requirements that the Contractor is in breach of and needs to comply with].
The Contractor shall submit as soon as possible and no later than seven (7) days a Notice describing the
measures that will be taken to remedy the failure, and indicate the date on which such measures will be
commenced in order to comply with this Notice to Correct.
Sincerely,

NOTES

025 – Notice of suspension for breach of health and safety obligations – Sub-Clauses
4.9 (f) and 6.6 (a)
NOTES

026 – Instruction to terminate the Subcontractor or Nominated Subcontractor – Sub-

Clause 4.9 (i)
Date: [insert date]

Employer: UNOPS

Subject: Instruction to terminate the [select one: Subcontractor; Nominated

Subcontractor]
In reference to Sub-Clause 4.9 (i) [Health, Safety, Social and Environment], it has been noted that the [select
one: Subcontractor; Nominated Subcontractor] [insert the name of the Subcontractor or Nominated
Subcontractor] has [select one or both: seriously; [and] repeatedly] breached the health and safety obligations set
out in the Contract.
In light of this [select one or both: serious; [and] repeated] breach, the Contractor is hereby instructed to
terminate the services of and expel from the Site the [select one: Subcontractor; Nominated Subcontractor]
[insert the name of the Subcontractor or Nominated Subcontractor], effective immediately.
Sincerely,


027 – Request to uncover the Works for testing – Sub-Clause 4.11 (e)
Date: [insert date]

Employer: UNOPS

Subject: Request to uncover the Works for testing
In reference to Sub-Clause 4.11 (e) [Testing by the Contractor] of the General Conditions, the Contractor has
failed to give sufficient Notice before covering the following parts of the Works: [insert specific details]. The
Contractor is therefore required to uncover the following parts of the Works: [insert details of the work to be
uncovered].
The Contractor is responsible for the full cost of uncovering, testing and reinstatement of such work uncovered in
accordance with Sub-Clause 4.11 (e) [Testing by the Contractor].
Sincerely,


028 – Authorization of personnel access to the Site – Sub-Clause 4.14 (a)
Date: [insert date]

Employer: UNOPS

Subject: Authorization of personnel access to the Site
In refererence to Sub-Clause 4.14 (a) [Security of the Site] of the General Conditions, the following person[s]
[select one: is; are] authorized to enter and remain on the Site effective [insert date and time] for [insert time
period of access]: [insert names and details of the person(s) authorized to enter].
Access will be in accordance with the Site access procedures developed for the Site, and the Contractor is
responsible for the health and safety of all persons authorized to be on the Site.
Sincerely,
[select one: For and on behalf of the Employer; Employer’s Representative]
NOTES

029 – Consent or no consent for the storage and use of arms, ammunition and
explosives on the Site – Sub-Clauses 4.16 (a) and 4.23 (a)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Consent; No consent] for the storage and use of arms,
ammunition and explosives on the Site
This communication is in refererence to Sub-Clauses 4.16 (a) [Blasting] and 4.23 (a) [Arms, Ammunition and
Explosives] of the General Conditions and to the Contractor’s communication with reference number [insert
reference number] dated [insert date] and received by the Employer on [insert date].
Consent is hereby granted for the Contractor to store and use [insert details of arms, ammunition or
explosives allowed on the Site] for the following Works-related purposes: [insert the intended use for which
the materials will be permitted on the Site].
The Contractor shall comply with all regulations in force in the Country regarding the storage and use of
explosives.
Consent is not granted for the Contractor’s request for the following reasons: [insert reasons].
Sincerely,

NOTES
➔ Prior to issuing consent seek guidance on the local regulations from a competent in-country authority and
UNDSS related to permission and handling such materials.


030 – Notice of No-objection or rejection of the Contractor’s design – Sub-Clause 5.1

(c) and (d)
Date: [insert date]

Employer: UNOPS

Subject: Notice of [select one: No-objection; rejection] of the Contractor’s

design
This Notice is in reference to Sub-Clause 5.1 (c) and (d) [Contractor’s Design Obligations] of the General
Conditions and to the submission of the Contractor’s design for Review dated [insert date] and received on [insert
date].
➔ Option 1: No-objection
The Review has been completed, and the following Contractor’s designs, along with the amendments
thereof, are found to be in accordance with the Contract and hereby accepted: [insert details of the
Contractor’s designs submitted, including version numbers and dates].
➔ Option 2: Rejected
The Review has been completed, and the following Contractor’s designs are not found to be in accordance
with the Contract and are hereby rejected: [insert details of the Contractor's designs that are not accepted
and reasons why they are not in accordance with the Contract].
The Contractor is therefore required to amend the Contractor’s designs and promptly resubmit them for
Review.
This Notice does not in any way relieve the Contractor from any of its warranties, obligations or liabilities under or
in connection with the Contract, including responsibility or liability for errors, omissions, discrepancies, defects
and non-compliances in the Contractor's design.
Sincerely,


NOTES
➔ Any review and acceptance of design documents should be in alignment with the relevant UNOPS policy
and requirements for design review. This has to be detailed when instruction is given for the Contractor to
design parts or Sections of the Works.

031 – Notice of non-compliance of the Programme – Sub-Clause 6.3 (b)
Date: [insert date]

Employer: UNOPS

Subject: Notice of non-compliance of the Programme
This Notice is in reference to Sub-Clause 6.3 (b) [Programme] of the General Conditions and to the Contractor’s
Programme marked [insert revision number] and dated [insert date] and received on [insert date] in accordance
with Sub-Clause 6.3 (a).
A Review of the Programme has been completed, and the Programme does not comply with the Contract. Details
of the non-compliance are as follows: [insert details as to the extent to which the Programme does not comply
with the Contract Sub-Clause 6.3 [Programme] and Schedule 3.5 [Programme Requirements]].
In accordance with Sub-Clause 6.3 (b) [Programme], the Contractor is therefore required to submit a revised
Programme within [insert number of days] days after receiving this Notice.
in connection with the Contract.
Sincerely,

Employer's Representative
NOTES

032 – Notice of No-objection of the Programme – Sub-Clause 6.3 (b)
Date: [insert date]

Employer: UNOPS

Subject: Notice of No-objection of the Programme
This Notice is in reference to Sub-Clause 6.3 (b) [Programme] of the General Conditions and to the Contractor’s
fully detailed Programme marked [insert revision number] and dated [insert date] and received on [insert date] in
accordance with Sub-Clause 6.3 (a).
A Review of the fully detailed Programme has been completed, and the Contractor’s Programme is hereby given
this Notice of No-objection. Therefore, in accordance with Sub-Clause 6.3 (c) [Programme], the Programme will
be used to monitor the progress of the execution of the Works, and the Employer’s Personnel shall rely on the
Programme for the administration of the Contract.
in connection with the Contract.
Sincerely,

NOTES

033 – Request to submit a revised Programme – Sub-Clause 6.3 (c)
Date: [insert date]

Employer: UNOPS

Subject: Request to submit a revised Programme
In reference to Sub-Clause 6.3 (c) [Programme] of the General Conditions, the Contractor is hereby informed that
the current Programme no longer complies with the requirements of the Contract for the following reasons: [insert
details as required by Sub-Clause 6.3 (a) and Schedule 3.5 [Programme Requirements]].
In accordance with Sub-Clause 6.3 (c) [Programme], the Contractor is therefore required to submit a revised
programme within [insert number of days] days of receiving this communication.
Sincerely,


034 – Notice to suspend progress of the Works or parts of the Works – Sub-Clause 6.6
(a)
NOTES

035 – Notice to resume progress of the Works or parts of the Works – Sub-Clause 6.6
(b)
Date: [insert date]

Employer: UNOPS

Subject: Notice to resume progress of [select one: the Works; parts of the
Works]
In reference to Sub-Clause 6.6 (b) [Suspension by Employer] of the General Conditions, the Contractor is hereby
instructed to resume progress of [select one: the Works; parts of the Works] [select one: immediately upon
receipt of this Notice; on [insert date]]. [If resuming progress of parts of the Works, insert details of the specific
parts here].
Sincerely,
[select one: For and on behalf of the Employer; Employer’s Representative]
NOTES

036 – Notice to resume progress of the Works or parts of the Works under a
prolonged suspension – Sub-Clause 6.6 (c)
Date: [insert date]

Employer: UNOPS

Subject: Notice to resume progress of [select one: the Works; parts of the
Works] under a prolonged suspension
This Notice is in reference to Sub-Clause 6.6 (c) [Suspension by Employer] of the General Conditions and to the
Contractor’s Notice with reference number [insert reference number] dated [insert date] and received by the
Employer on [insert date], requesting the Employer’s permission to resume progress of [select one: the Works;
parts of the Works] that has been under a prolonged suspension. The Contractor is hereby instructed to resume
progress of [select one: the Works; parts of the Works] [select one: immediately upon receipt of this Notice; on
[insert date]]. [If resuming progress of parts of the Works, insert details of the specific parts here].
Sincerely,

NOTES

037 – Issuance or no issuance of Taking-Over Certificate – Sub-Clause 7.2 (a)
NOTES

038 – Issuance or no issuance of Taking-Over Certificate for Part used or occupied by

the Employer – Sub-Clause 7.2 (d)
NOTES

039 – Notice of defects – Sub-Clause 8.1 (a)
Date: [insert date]

Employer: UNOPS

Subject: Notice of defects
In reference to Sub-Clause 8.1 (a) [Completion of Outstanding Works and Remedying Defects] of the General
Conditions, the Employer hereby gives Notice to the Contractor that [select one: defects have appeared; damage
has occurred] as a result of [insert the relevant options as listed in Sub-Clause 8.1 (a)].
Details of the [select one: defects; damage; failure to pass the tests] are as follows: [insert details of the defects
or damages or the tests].
The Contractor shall remedy the defects or damage within [insert time frame for rectification] in accordance with
Sub-Clause 8.1 (a) [Completion of Outstanding Works and Remedying Defects]. All work under Sub-Clause 8.1
[Completion of Outstanding Works and Remedying Defects] shall be executed at the risk and cost of the
Contractor.
Should the Contractor fail to rectify the defects or damage within the time frame specified in this Notice, the
Employer may carry out the work or engage another party to do so at the Contractor's risk and expense.
Sincerely,

NOTES

040 – Extension of Defects Notification Period – Sub-Clause 8.1 (d) and (e)
Date: [insert date]

Employer: UNOPS

Subject: Extension of Defects Notification Period
Dear [insert name of the Contractor’s Representative]
In reference to Sub-Clause 8.1 (d) and (e) [Completion of Outstanding Works and Remedying Defects] of the
General Conditions, the Employer hereby extends the Defects Notification Period by [insert number of days] due
to the following reasons: [insert reasons applicable in accordance with Sub-Clause 8.1 (d)].
Sincerely,

NOTES

041 – Issue of the Final Completion Certificate – Sub-Clause 8.3
Date: [insert date]

Employer: UNOPS

Subject: Issue of the Final Completion Certificate
In reference to Sub-Clause 8.3 [Final Completion Certificate] of the General Conditions, a Final Completion
Certificate dated [insert date] is attached herewith, certifying that the Contractor’s obligations under the Contract
have been completed as of [insert date].
The issue of this Final Completion Certificate does not relieve the Contractor from any of its warranties,
obligations or liabilities in accordance with Sub-Clause 8.4 [Unfulfilled Obligations] or as otherwise imposed by
Laws.
Sincerely,

Attachment: [insert filename of the attachment]
NOTES

042 – Notice of Variation instruction – Sub-Clauses 9.1 (a)
Date: [insert date]

Employer: UNOPS

Subject: Notice of Variation instruction
In reference to Sub-Clause 9.1 (a) [Right to Vary] of the General Conditions, the Contractor is hereby instructed
to carry out the following Variation to the Works: [insert details describing the Variation to the Works in
accordance with Sub-Clause 9.1 (b)].
The Contractor is further requested, in accordance with Sub-Clause 9.1 (c) and (d) [Right to Vary], to submit a
proposal related to this Variation instruction as soon as practicable and within fourteen (14) days of receipt of this
Notice, and before the Contractor carries out the Variation.
Sincerely,

NOTES

043 – Approval or no approval of the Contractor’s proposal responding to the Notice

of Variation instruction – Sub-Clause 9.1 (c) and (e)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Approval; No approval] of the Contractor’s proposal

responding to the Notice of Variation instruction
This communication is in reference to Sub-Clause 9.1 (c) and (e) [Right to Vary] of the General Conditions and to
the Contractor’s proposal in response to the Notice of Variation instruction with reference number [insert
reference number] dated [insert date] and received on [insert date].
➔ Option 1: Approval
The Contractor’s proposal submitted in accordance with Sub-Clause 9.1 (c) [Right to Vary] is hereby
approved, and the Contractor shall now be bound by the Notice of Variation instruction with reference
number [insert reference number] dated [insert date], and shall execute the Variation with due expedition and
without delay in accordance with Sub-Clause 9.1 (e).
Please note that, should the Contractor be eligible for entitlements to any adjustment to the Contract Price
and/or any Extension of Time, a Claim Notice must be submitted pursuant to Clause 16 [Contractor’s Claim].
➔ Option 2: No approval
The Contractor’s proposal has not been approved.
➔ Option 3: No approval and comments

The Contractor’s proposal has been reviewed. The following comments require the Contractor’s attention:
[insert review comments, including the date by which the Contractor should amend and resubmit the
proposal].
Sincerely,


NOTES
➔ There are three options set out above. Delete whichever options are not applicable as well as the yellow

044 – Instruction to carry out work under Provisional Sum – Sub-Clause 9.3
Date: [insert date]

Employer: UNOPS

Subject: Instruction to carry out work under Provisional Sum
In reference to Sub-Clause 9.3 [Provisional Sums] of the General Conditions, the Contractor is hereby instructed
to carry out the following work, which is a Provisional Sum item under the Contract: [insert details of: (a) work to
be executed (including Plant, Materials or services to be supplied by the Contractor) and/or (b) Plant, Materials or
services to be purchased by the Contractor].
The Contractor is required to produce the following records in substantiation of the work carried out under the
Provisional Sum: [insert details of records to be produced, including invoices, vouchers and accounts or receipts].
Sincerely,


045 – Instruction to carry out Variation on a daywork basis – Sub-Clause 9.4
Date: [insert date]

Employer: UNOPS

Subject: Instruction to carry out Variation on a daywork basis
In reference to Sub-Clause 9.4 [Daywork] of the General Conditions, the Contractor is hereby instructed to carry
out the following Variation to the Works on a daywork basis: [insert the details of the Variation].
This work shall be valued in accordance with the daywork rates and schedule included in Schedule 4.1.B
[Daywork Schedule].
The Contractor shall keep records of the hours of labour, the Contractor's Equipment and the quantities of Plants
and/or Materials used.
Sincerely,

NOTES

046 – Issue of the Final Payment Certificate – Sub-Clauses 10.7 and 10.9
Date: [insert date]

Employer: UNOPS
Attention to: [insert the full name of the Employer’s first contact person]
[insert position title], UNOPS
[insert the first contact person’s address]
[insert the first contact person's email address]
Subject: Issue of the Final Payment Certificate
Dear [insert name of the Employer’s first contact person],
This communication is in reference to Sub-Clauses 10.7 [Final Statement] and 10.9 [Final Payment Certificate] of
the General Conditions and to the Contractor’s Final Statement dated [insert date] and received on [insert date].
Pursuant to the Contractor’s submission of a discharge in accordance with Sub-Clause 10.8 [Discharge], the
Final Payment Certificate is hereby issued.
The Contractor is entitled to the amount [insert amount and currency], which has been fairly considered as finally
due under the Contract in accordance with Sub-Clause 10.9 (a) [Final Payment Certificate] and as detailed in the
Final Payment Certificate attached herewith.
Sincerely,

Attachment: [insert filename of the attachment]
NOTES
➔ The Employer’s Representative must attach particulars in support of the amounts determined to be payable,
including details of any deductions or any amounts that are set-off to be paid by the Contractor in
accordance with Sub-Clause 10.12 [Set-Off] and any amounts in disagreement, including reasons for such
disagreement.
➔ The Final Payment Certificate amount shall not be issued unless the Final Completion Certificate has been
issued and the Contractor has provided the Employer with a written discharge (confirming that the total of
the Final Statement represents full and final settlement of all monies due to the Contractor).

047 – Set-off of amounts due by the Employer – Sub-Clause 10.12
Date: [insert date]

Employer: UNOPS

Subject: Set-off of amounts due by the Employer
In reference to Sub-Clause 10.12 [Set-Off] of the General Conditions, the Employer hereby sets-off the amount
due by the Contractor to the Employer, [insert the amount set-off] related to [insert the details related to the
amount set-off].
Sincerely,

NOTES

048 – Notice to Correct – Sub-Clause 11.1
Date: [insert date]

Employer: UNOPS

Subject: Notice to Correct
In reference to Sub-Clause 11.1 [Notice to Correct] of the General Conditions, it has been noted that the
Contractor has failed to comply with the following obligations under the Contract: [insert details as in Sub-Clause
11.1, including specific references to the applicable Sub-Clauses in the Contract].
The Contractor is hereby required to remedy this failure by [insert date].
Sincerely,


049 – Notice of intention to terminate the Contract – Sub-Clause 11.2 (a)
NOTES

050 – Notice of termination of the Contract – Sub-Clause 11.2 (b)
NOTES

051 – Notice of immediate termination of the Contract – Sub-Clause 11.2 (c)
NOTES

052 – Notice of termination for the Employer's convenience – Sub-Clause 11.4 (a)
NOTES

053 – Agreement or determination of valuation and payment after termination for

Employer's convenience – Sub-Clause 11.5 (b)
NOTES

054 – Instruction to rectify loss or damage to the Works – Sub-Clause 13.3 (a)
Date: [insert date]

Employer: UNOPS

Subject: Instruction to rectify loss or damage to the Works
This communication is in reference to Sub-Clause 13.3 (a) [Consequences of Employer's Risks] of the General
Conditions and to the Contractor’s Notice with reference number [insert reference number] dated [insert date] and
received on [insert date], describing the following loss or damage: [insert description of loss or damage to the
Works].
As a consequence of [insert the relevant Employer's risk listed in Sub-Clause 13.2 [Employer’s Risks]] resulting
in loss or damage to [insert the relevant part or parts of the Works], the Contractor is instructed to rectify this loss
or damage as follows: [insert scope and extent of rectification].
This instruction shall be deemed to have been given under Sub-Clause 9.1 [Right to Vary].
Sincerely,


055 – Notice of Force Majeure – Sub-Clause 14.2 (a)
NOTES

056 – Notice of conclusion of effects from Force Majeure – Sub-Clause 14.3 (b)
NOTES

057 – Employer’s agreement or determination on the consequences of Force Majeure

– Sub-Clause 14.4 (b)
NOTES

058 – Notice of termination due to Force Majeure – Sub-Clause 14.5 (a)
NOTES

059 – Approval or no approval of insurance – Sub-Clause 15.2 (b)
Date: [insert date]

Employer: UNOPS

Subject: [Select one: Approval; No approval] of insurance
This communication is in reference to Sub-Clause 15.2 (b) [Arrangements] of the General Conditions and to the
Contractor’s communication with reference number [insert reference number] dated [insert date] and received by
the Employer on [insert date], in respect to the Contractor’s obligations under Sub-Clause 15.1 (a) [Extent of
Cover].
➔ Option 1: Approval
Approval is hereby given for the insurers and terms of insurance obtained by the Contractor. The Contractor
shall subsequently provide the Employer with evidence that the insurance policy is in force and that the
premiums have been paid.
➔ Option 2: No approval
Approval is not given for the [select one or both: insurers; [and] terms of insurance] obtained by the
Contractor for the following reasons: [insert reasons].
This communication does not relieve the Contractor from its obligation to complete the Works or from any of its
other warranties, obligations or liabilities under or in connection with the Contract.
Sincerely,

NOTES
➔ It is highly recommended to consult the insurance specialist in IPAS Admin and the relevant project finance
unit for verification and to check the validity of the insurance policies submitted by the Contractor.
➔ The Employer contact person as indicated in Schedule 1.1 [Details Provided by the Employer] under
‘Employer’s address for communication’ should be the relevant Procurement Authority identified during the
solicitation process. The contact person may change over the course of the Contract and the most current
information should always be used when issuing this communication.


060 – Employer’s Representative’s agreement or determination on the Contractor’s

Claim – Sub-Clause 16.1 (c)
NOTES

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CONSTRUCTION

002 – Notice of assignment or novation by Employer – Sub-Clause 1.7 (a) 8

003 – Consent or no consent to assignment or novation by the Contractor – Sub-Clause 1.7 © 9

008 – Appointment of the Employer’s Representative – Sub-Clause 3.1 (a) 15

012 – Request to submit progress report – Sub-Clause 4.1 (e) 19

017 – Instruction to remove the Contractor’s Personnel – Sub-Clause 4.5 (c) 25

020 – Request for evidence of payments – Sub-Clause 4.6 (a) 28

023 – Instruction to set out the Works – Sub-Clause 4.8 (a) 31

Construction Contract for Small Works 2 of 72 DRAFT Version 1.0 | 2022

028 – Authorization of personnel access to the Site – Sub-Clause 4.14 (a) 36

031 – Notice of non-compliance of the Programme – Sub-Clause 6.3 (b) 41

032 – Notice of No-objection of the Programme – Sub-Clause 6.3 (b) 42

033 – Request to submit a revised Programme – Sub-Clause 6.3 (c) 43

037 – Issuance or no issuance of Taking-Over Certificate – Sub-Clause 7.2 (a) 46

039 – Notice of defects – Sub-Clause 8.1 (a) 49

041 – Issue of the Final Completion Certificate – Sub-Clause 8.3 50

042 – Notice of Variation instruction – Sub-Clauses 9.1 (a) 52

045 – Instruction to carry out Variation on a daywork basis – Sub-Clause 9.4 56

047 – Set-off of amounts due by the Employer – Sub-Clause 10.12 58

048 – Notice to Correct – Sub-Clause 11.1 58

049 – Notice of intention to terminate the Contract – Sub-Clause 11.2 (a) 60

050 – Notice of termination of the Contract – Sub-Clause 11.2 (b) 61

051 – Notice of immediate termination of the Contract – Sub-Clause 11.2 (c) 62

Construction Contract for Small Works 3 of 72 DRAFT Version 1.0 | 2022

055 – Notice of Force Majeure – Sub-Clause 14.2 (a) 66

058 – Notice of termination due to Force Majeure – Sub-Clause 14.5 (a) 69

059 – Approval or no approval of insurance – Sub-Clause 15.2 (b) 70

Construction Contract for Small Works 4 of 72 DRAFT Version 1.0 | 2022

b. Ref. No.: This is a unique number for each Notice or communication

Construction Contract for Small Works 5 of 72 DRAFT Version 1.0 | 2022

contract ID from the oU Contract Management module followed by a

c. Contractor: The Contractor is an entity and is named in the Instrument

d. Contractor’s Representative: The Contractor’s Representative is a

e. Employer’s contact person: There is a contact person for the

Construction Contract for Small Works 6 of 72 DRAFT Version 1.0 | 2022

Date: [insert date]

Attention to: [insert the Contractor’s Representative’s full name]

Subject: Notice of [select one: ambiguity; conflict; discrepancy] in the Contract

Dear [insert name of the Contractor’s Representative],

➔ Option 2: If a Notice has been received

Signed by: [insert full name]

Construction Contract for Small Works 7 of 72 DRAFT Version 1.0 | 2022

002 – Notice of assignment or novation by Employer – Sub-Clause 1.7 (a)

Construction Contract for Small Works 8 of 72 DRAFT Version 1.0 | 2022

003 – Consent or no consent to assignment or novation by the Contractor – Sub-

Construction Contract for Small Works 9 of 72 DRAFT Version 1.0 | 2022

004 – Consent or no consent for disclosure of confidential or other Contract

Construction Contract for Small Works 10 of 72 DRAFT Version 1.0 | 2022

Construction Contract for Small Works 11 of 72 DRAFT Version 1.0 | 2022

Date: [insert date]

Attention to: [insert the Contractor's Representative's full name]

Dear [insert name of the Contractor’s Representative],

The Contractor is required to [insert details of Contractor's obligations].

Signed by: [insert full name of the Employer’s contact person]

Construction Contract for Small Works 12 of 72 DRAFT Version 1.0 | 2022

Construction Contract for Small Works 13 of 72 DRAFT Version 1.0 | 2022

Date: [insert date]

Attention to: [insert the Contractor's Representative's full name]

Dear [insert name of the Contractor’s Representative],

➔ Option 1: Full Site

➔ Option 2: Part of Site

Signed by: [insert full name of the Employer’s contact person]

Construction Contract for Small Works 14 of 72 DRAFT Version 1.0 | 2022

008 – Appointment of the Employer’s Representative – Sub-Clause 3.1 (a)