Professional Documents
Culture Documents
- Contractor’s Documents
The Contractor's Documents must be reviewed before the execution of any part of the Works, and if modifications are made, the Contractor
must inform the Employer and submit revised documents in accordance with the review procedure, unless otherwise agreed upon.
- Contractor’s Undertaking
The Contractor undertakes that the design, the Contractor’s Documents, the execution and the completed Works will be in accordance with:
- Training
The Contractor shall carry out the training of Employer’s Personnel in the operation and maintenance of the Works to the extent specified in the
Employer’s Requirements. If the Contract specifies training which is to be carried out before taking-over, the Works shall not be considered to be
completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over of the Works and Sections] until this training has been
- As-Built Documents
The contractor must provide a detailed "as-built" record of the work, including locations, sizes, and specifics, to the Employer before tests begin.
They must also provide as-built drawings for approval before issuing a Taking-Over Certificate, ensuring completion for taking-over purposes.
- Design Error
If errors, omissions, ambiguities, inconsistencies, inadequacies or other defects are found in the Contractor’s Documents, they and the Works
shall be corrected at the Contractor’s cost, notwithstanding any consent or approval, under this Clause.
PLANT, MATERIALS AND WORKMANSHIP
- Manner of Execution
The contractor is responsible for manufacturing Plant, Materials, and other Works in accordance with the Contract, good practice, and proper
facilities, unless otherwise specified.
- Samples
The Contractor shall submit samples to the Employer, for review in accordance with the procedures for Contractor’s Documents described in
Sub-Clause 5.2 [Contractor’s Documents], as specified in the Contract and at the Contractor’s cost. Each sample shall be labelled as to origin and
intended use in the Works.
- Inspection
The Employer's personnel must have full access to the Site and natural materials, and have the right to examine, inspect, measure, and test
materials and workmanship during production, manufacture, and construction. The Contractor must provide opportunities for their duties,
inform the Employer when work is ready, and rectify work at the Contractor's expense.
- Testing
The Contractor is responsible for providing necessary tools, support, paperwork, electricity, fuel, consumables, instruments, labor, supplies, and
personnel for tests. If modifications reveal non-compliance, the Contractor must pay. The Employer can direct extra testing or changes, and the
Contractor must provide certified test reports, which must be endorsed or issued a certificate.
- Rejection
The Employer can reject defective Plant, Materials, design, or workmanship by providing written notice and explanation. The Contractor must
check if the item conforms to the Contract and fix the issue. If a retest is required, the Contractor must reimburse the Employer for additional
expenses.
- Remedial Work
The Employer can instruct the Contractor to remove, replace, or execute work that is not in accordance with the Contract, re-execute work, or
perform urgent work for safety reasons.
- Royalties
The Contractor must pay royalties, rents, and other payments for natural materials and disposal of surplus material from demolitions,
excavations, and other sources, unless specified in the Contract.
(a) payment for the Works shall be made on the basis of the lump sum Contract Price, subject to adjustments in accordance with the Contract;
and
(b) the Contractor shall pay all taxes, duties and fees required to be paid by him under the Contract, and the Contract Price shall not be adjusted
for any of these costs, except as stated in Sub-Clause 13.7
- Advance Payment
The Employer must pay an advance payment for mobilization and design when the Contractor submits a guarantee in accordance with the
Particular Conditions. The first instalment is due after receiving a Statement, Performance Security, and guarantee in amounts and currencies
equal to the advance payment. The Schedule of Payments in a contract specifies estimated contract values, subject to actual progress.
- Interim Payments
The Employer must approve the Performance Security before payment, and within 28 days, notify the Contractor of any disagreements.
Payments are not withheld, except for rectification or replacement costs if the Contractor is not in accordance with the Contract, or if the
Contractor fails to perform work or obligations in accordance with the Contract.
- Delayed Payment
If the Contractor fails to pay in accordance with Sub-Clause 14.7, they will be entitled to monthly compounded financing charges, calculated at
an annual rate three percentage points above the central bank's discount rate, without formal notice and without prejudice to other rights.
- Statement at Completion
The contractor must submit a Statement at completion within 84 days of receiving the Taking-Over Certificate for the Works, including the value
of all work, any additional sums, and an estimate of future amounts due. The Employer must then notify the contractor and make payment in
accordance with Sub-Clause 14.7.
(a) the value of all work done in accordance with the Contract, and
(b) any further sums which the Contractor considers to be due to him under the Contract or otherwise.
- Discharge
When submitting the Final Statement, the Contractor shall submit a written discharge which confirms that the total of the Final Statement
represents full and final settlement of all moneys due to the Contractor under or in connection with the Contract. This discharge may state that
it becomes effective when the Contractor has received the Performance Security and the out-standing balance of this total, in which event the
discharge shall be effective on such date
- Final Payment
In accordance with sub-paragraph (c) of Sub-Clause 14.7 [Timing of Payments], theEmployer shall pay to the Contractor the amount which is
finally due, less all amounts previously paid by the Employer
- Cessation of Employer’sLiability
The Employer shall not be liable to the Contractor for any matter or thing under or in connection with the Contract or execution of the Works,
except to the extent that the Contractor shall have included an amount expressly for it:
(b) (except for matters or things arising after the issue of the Taking-Over Certificate for the Works) in the Statement at completion described in
Sub-Clause 14.10 [Statement at Completion].
- Currencies of Payment
The contract stipulates that payments must be made in local and foreign currencies, with fixed exchange rates specified in the contract
agreement. All payments and deductions must be made in the appropriate amounts and currencies. Reimbursement of damages is also
required. Additional payments must be made in the Employer's used money or as determined by both parties. If the Contractor owes the
Employer more than the required amount, the Employer may recoup the remaining amount in that currency.