Professional Documents
Culture Documents
Works Contract
BY AND BETWEEN:
Liva Insurance SAOC, P. O. Box 798, Wadi Kabir, Postal Code 117, Sultanate of Oman, incorporated
under Commercial Registration No. 1/48787/6 (hereinafter to be referred to as ‘the Company’ or
‘Client`) of the one part.
&
Khimji Ramdas LLC having a C.R No: (vendor CR number) and address at (Vendor address)
(hereinafter to be referred to as ‘Contractor’) of the second part.
WHEREAS, LIVA Insurance SAOC has invited quotation for doing the interior work of branches in
Airport, Amerat, Al Khuwair and Muladha in accordance with the plans and specifications as per the
enclosed Annexure – 1 to this Agreement and based on the quotation received has selected the
aforementioned contractor for doing the interior work of these locations as per the quotation
received and bill of quantity and specifications/drawings as enclosed as Annexure - 2.
WHEREAS, on the basis of the foregoing representation and warranty of the Contractor, the Client
(Liva Insurance SAOC) has accepted the offer of the Contractor to do the interior décor including
furnishing of the above mentioned office premise located in Airport, Amerat, Al Khuwair and
Muladha.
NOW, THEREFORE, for and in consideration of the foregoing premises and the covenants and
undertakings hereinafter set forth, the parties hereto agree as follows:
1.2.1 The contractor agrees to provide a bank guarantee of 50% of contract amount and
the same shall be returned back to the contractor on successful completion and
handover of the premises by the Contractor.
5. Assignment
The Contractor shall not assign the benefit of the Contract, or any part of it, without the
LIVA’s consent.
6. Miscellaneous
6.1 The Contract and the documents referred to in it supersede all previous
representations, arrangements, understandings and agreements between the parties
about the subject-matter of the Contract and set out the entire agreement between the
parties about the subject-matter of the Contract except for the tender document.
Neither party has relied on any other written or oral representation, arrangement,
understanding or agreement.
6.2 All the terms of the Contract are severable, and if any part is unenforceable, illegal
or void, it is to that extent considered not to form part of the Contract, and the
enforceability, legality and validity of the rest of the Contract will not be affected.
6.3 The Contract may only be changed by a document in writing signed by an authorized
representative of each party.
6.4 The rights of a party will not be prejudiced or restricted by any indulgence or
forbearance extended to the other party, and no waiver by a party of any breach will
___________LIVA Insurance SAOC P a g e | 12 _____________CONTRACTOR
waive any other breach.
16. Defects
16.2 If, through notification or otherwise, the LIVA’s Representative becomes aware of a
Defect, the LIVA’s Representative may direct the Contractor to do any of the following [or
any combination of them]:
16.2.1 to remove the Works Item with the Defect from the Site
16.2.2 to demolish the Works Item with the Defect, if incorporated in the Works
16.2.3 to reconstruct, replace or correct the Works Item with the Defect
16.2.4 not to deliver the Works Item with the Defect to the Site.
16.3 The Contractor shall comply with any direction under this sub-clause 17.1 within the
reasonable times, if any, the LIVA’s Representative directs. If the Contractor fails to begin
the work required to comply with the direction within the reasonable time directed, if any,
or to complete it as soon as practicable, the LIVA may opt for have the work done by others
and the Contractor shall, on request, pay the LIVA its cost of doing so.
16.4 Alternatively, the Contractor and the Client’s Representative may, with the Client’s
(Liva Insurance SAOC) consent, agree that the LIVA will accept the Defect, either in whole or
subject to any change to the Works Requirements that the LIVA’s Representative directs. In
this case, the Contract Sum shall be reduced by the amount that, in the opinion of the
Client’s Representative, is the resulting decrease in the value of the Works to the LIVA. If
the Client’s Representative notifies the Contractor that the Client will not accept a Defect,
this shall be conclusive.
17. Defects Period
17.1 The Contractor shall complete any outstanding work and rectify any Defects that the
LIVA’s Representative directs before the end of the Defects Period (A period of one year
from the date of completion of work shall be considered as Defects Period). In doing so,
and in doing any tests after Completion, the Contractor shall cause as little disruption as
possible to occupants and users of the Works.
18.1.2 Before the Starting Date [unless already given by the Contractor before the Contract
Date, for example in response to a letter of intent] the Contractor shall give the
Client Liva Insurance SAOC all of the following, all executed, as relevant, by the
18.1.3 On the Starting Date, the Contractor shall start to execute the Works on the Site.
The Contractor shall, unless the client’s Representative directs otherwise, proceed
regularly and diligently to achieve Substantial Completion of the Works and each
Section by its Date for Substantial Completion.
26. Indemnification
26.1 Contractor agrees to indemnify and hold harmless LIVA Insurance SAOC from any and all
claims or liabilities which may arise in the performance of this Agreement. They are also
requested to provide the client with a copy of “Public Liability Insurance” before carrying out
the work.
27.1 If any dispute or disagreement (“Dispute”) arises between the Parties under this
agreement, one Party shall give notice in writing describing the basis of the Dispute to the
other Party, and the Parties shall meet within seven (7) days of such notice to resolve the
matter amicably between them. This Article and any discussion of senior executives that
takes place hereunder shall be without prejudice to any right or remedy a Party may
ultimately have should the matter fail to be resolved by such discussion.
27.2 Any dispute that cannot be amicably resolved between the Parties in accordance
with Article 13.1 within thirty (30) days after the Parties meet to discuss the resolution of
any such Dispute shall be referred to arbitration in accordance with the rules of the Oman
Arbitration Law. The number of arbitrators shall be two (2), one (1) of whom shall be
appointed by LIVA and one (1) of whom shall be appointed by Contractor. Prior to the
commencement of the arbitration, the two (2) arbitrators appointed under this agreement
shall appoint a referee. In the event that the two (2) arbitrators are unable to resolve the
applicable dispute, the dispute shall be referred to the referee, who shall have the
exclusive right to resolve the dispute.
27.4 The decision and award of the arbitrators (or the referee, as applicable) shall be
final and binding on both parties.
27.5 This agreement shall be governed by and construed in accordance with the laws of
the Sultanate of Oman.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement by their authorized
representatives below:
For For
Liva Insurance SAOC Khimji Ramdas LLC
Signature: Signature:
DATE: DATE: