ZGCC4: SET 2

LABOUR
 34. Rates of wages & hours and conditions of labour
 The contractor is required to comply with all statutory
requirements relating to wages & conditions of
employment which are applicable in the area where wk
is being carried out
 If there are no any statutory provisions the contractor will
pay wages which are fairly general in line with wages
given in the area where work is being carried out
 Accommodation and care for employees
 Contractor required to provide sanitary and first aid
services and potable water where necessary also provide
and maintain accommodation
 Health and safety
 Contractor required to provide healthy and safety
facilities for the workers and to comply with health and
safety codes which are issued by Zimbabwe occupation
and Safety council @ the time of tender
MATERIALS AND WORKMANSHIP
 Quality of materials & workmanship & tests

 All materials to be in accordance with the contract and in

accordance with the Eng instructions

 Materials are subject to test from time to time as the Eng

may instruct
 Contractor to facilitate and assist with instruments ,
machines, labour etc as they are required for examining
measuring and testing any wk
 Contractor to is required to supply samples of materials
for testing before incorporation in the wks
 All samples of materials which are provided for in the
bills of quantities to be supplied by the contractor @ his
cost but if not @ the cost of the employer
 Cost of making tests
 Cost of making tests is borne by the contractor if their
provisions is in the bills of quantities as the contractor
will allow for same in his tender
 Cost of tests which are not provided for
 If any test is provided for by the Eng which is not
intended or provided for in the BOQ or spec or is not
particularized
OR though intended and provided for is ordered by the Eng
and is carried out by an independent person @ any other
place than the site or place of the manufacture, the cist of
such is borne by the contractor and if workmanship &
materials is not in accordance with the provisions of the
contract or Eng’s instructions
 BUT, if everything is in accordance then by the employer
 Access to site
 The contractor is required to facilitate access to site and
other places where work is being prepared, or materials is
being manufactured to the Eng & any other person
authorized by the him
 Examination of wk before covering up
 All wks need to be examined and approved by the Eng
before covering up or put out of view
 The contractor is required to allow the Eng to examine &
measure the wks before they are covered up
 The Eng is required to check all the foundation s before
permanent wk is placed
 The contractor to give due notice to the Eng whenever
such wk or foundations is or are ready for examination
 The eng should not unreasonably delay unless the Eng
considers it unnecessary and advise the contractor
accordingly
 Uncovering and making openings
 The contractor is required to uncover and make good any
part of the works or make openings as may be directed by
the Eng
 Following such instructions if everything is found to be in
accordance with contract then such cost of uncovering and
reinstating is borne by the employer but if not by the contractor
 Removal of improper work and materials
 The Eng has power during progress of wk to order removal of
materials which are not oin accordance with the contract
 He also has the power to make substitutions of proper and
suitable material
 The removal and proper re execution of any wk in respect of
material sand workman ship which is not in accordance with
the contract
 Default of contractor in compliance
 If contractor defaulted in complying with such orders
 The employer is entitled to employ and pay other person
to do the same and all the expenses borne by the
contractor and will be recoverable from the contractor
 40: SUSPENSION OF WORKS
 The contractor can suspend progress of works or any part
of the works on written order of the Eng.
 Following such order the Contractor is required to protect
and secure the works during such suspension
 The contractor is paid in accordance with clause 52& or
62 extra cost (if any) incurred in giving effect to such
instruction under this clause
Exceptions are given where suspension
 Provided for in the contract
 Necessary by reasons of weather conditions or by default on
part of the contractor
 Necessary for proper execution of the wks or for safety of the
wks or any part thereof
Such necessity should not be the default of the Eng or the
employer or any of the defined risk in clause 20
The Eng is required to include any delay occasioned by suspension
into account in determining extension of time to which the contractor
is entitled under clause 44, except where suspension is provided for
in the contract or necessitated by reasons of some default on part of
the contractor
 Suspension lasting more than 3 months

 If progress of wk or any part of the wks is suspended on written

order of the Eng for 3 months without any written order to resume
such wks
 The contracytor may serve a written notice to the Eng requiring

permission within 28 days from receipt of such notice to proceed

with the wks or part thereof in respect to wks which are suspended
 If permission is not granted within 28days, the contractor
can write another notice (but not bound to) elect to treat
the suspension where it affects part only of the wks as
omission of such part under clause 51
 Where it affects the whole wks then the contractor may
consider it as an abandonment of the contract by the
employer
 Commencement times and delays
41. Commencement of contract
The date for commencement of contract is the date
specified in the letter of acceptance unless there are
other arrangements by the contractor
Contractor required to commence wks within the
period stated in the appendix to the tender
Possession of sites and delays attributable to the
employer
The employer will from date of commencement of
contract give the contractor possession of much of
the site to enable him commence and proceed with
the works in accordance with the program
Or in accordance with the contractor’s proposal which
he should put to the Eng in writing
The contractor may be given further possession of site
as may be required to enable him to proceed with
the works in accordance with the program or
proposals
If the contractor suffers delay or incurs expenses
from failure on the part of the employer to give
possession of site in terms of the clause
Or if the employer or his agents cause any delay or
fails the contractor to perform his obligations which
are necessary to enable the works to proceed in
accordance with the approved program or proposal
as aforesaid
The Eng shall grant extension of time for completion
of the works and also certify such sums as he
considers fair to cover up the expenses
Use of land
Contractor is not allowed to use land forming the site
for any other purposes than for the proper carrying
out of the works
The Eng to proof sites for the camps that might be
required by the contractor and his employees
No trees or bushes are to be cut down by the
contractor or his employees whether to use on wks
or other purposes without the approval of the Eng
 Rights of access etc
The employer to provide right of access to the site and the
contractor to bear all expenses and charges for any
additional right of access required by him
The contractor to provide any additional accommodation
outside the site required by him for the purpose of the works
 Time for completion

The whole of the works shall be completed within the time

stated in the tender cal from the date of commencement of
the contract in terms of clause 41 or extended time as may be
allowed under clause 44
Extension of time for completion
The Eng will determine & grant extension of time for
the completion of the works taking into account all
circumstances which the contractor should be given
extension of time
The contractor is supposed to give full details of the
circumstances on which he is claiming extension of
time which he consider himself entitled to
Night, Sunday and holiday work
No permanent work is carried at night, or on Sunday
or on holidays recognised in the industries unless
 Eng’s permission is obtained in writing
 Provisions is specially made for in the contract
 It is customary and has been agreed by the Eng to

carry out the wks by rotary or double shift

 The nature of the wks is unavoidable or necessary

for the saving of life or property or for the safety

of the works
On such the contractor is supposed to notify the Eng
or Eng Rep giving sufficient notice whenever he is
proposing to do such wks outside normal wking hrs
 46: Rate of progress

If in the opinion of the Eng the rate of progress of the

wks is too slow to enable the contractor to complete
the wks within the stipulated time
The Eng will notify the contractor in writing
The contractor is supposed to take necessary steps to
expedite progress of wks in order to meet the
completion dates or extended date
The contractor may seek permission to wk both day
and night
If the contractor is granted such permission he is not
entitled to any extra payment
If permission to expedite wks is not granted and there
is no any other way the contractor shall be given
extension of time
All wk to be carried out with adequate lighting ad
without unreasonable noise and disturbance
The contractor shall indemnify the employer from and
against any liability for damages on account of noise
or other disturbances created while carrying out the
wks
47:Penalty for delay
If the contractor fails to complete the wks within the
prescribed times or extended time
The contractor shall pay the employer the sum stated
in the tender as penalty for everyday which shall
elapse between the time prescribed or extended to
the date of actual completion
The employer may deduct the amount of each penalty
from any monies which are due or which are to be
come due
Payment of penalty does not relief the contractor from
his obligations to complete the wks or any other
liability in the contract
 Reduction of penalty

If any part of the wks has been certified by the Eng as

complete and occupied or used by the employer
The penalty for delay shall be reduced in proportion to
the values of the part of the wks certified in relation
to the whole wks
48:Certificate of completion of wks
The Eng is required to give the contractor a certificate
of completion in respect of the wks as soon as the
wks are completed and satisfactory passed any final
test
After issuing the certificate the period of maintenance
will commence
The Eng can issue such certificate in respect to any
part of the wks before completion of the whole wks
which has been completed to the satisfaction of the
When such certificate is given such part of the wks are
considered completed and the period of maintenance
of such part shall commence from the date of such
certificate
 Employer’s power take over completed portions of the

works
If the employer wish to take any portions of the wks
after completion or partial completion
The employer is given the power to do so, provided the
normal progress of wk is not obstructed
Maintenance and Defects

 Definition of period of maintenance

The period of maintenance in these conditions mean the
period of maintenance named in the Tender which is
calculated from the date of completion of the wks
certified by the Eng
In the event of more than one certificate having being issued
it will be from the respective dates so certified
If the contractor is required to rectify or being engaged
in rectifying defects in the wks prior to the date
when the period of maintenance is about to expire.
The Eng has the right to extend the period of
maintenance in relation to the portion of wks.
However the extended period of maintenance is not
suppose to extend twice the original period of
maintenance
Execution of work of repair
The contractor is expected to execute all wks of repair,
amendment, reconstruction etc as may be required
prior to the expiration of period of maintenance by
the Engineer
As soon as practicable after the expiration of the
period of maintenance the wks should be delivered
to the employer
Cost of execution of work of repair
All the wk shall be carried by the contractor @ his
own cost, if in the opinion of the Eng the wks have
been necessitated due to use of materials or
workmanship not in accordance with the contract
Or its due to negligence or failure on part of the
contractor to comply with any obligations expressed
or implied in the contract
If in the opinion of the Eng such wks have been
necessitated by any other reason
The value of such wk shall be ascertained and paid for
as if it were additional wks
 Remedy on contractor’s failure to carryout the

wks
If the contractor fails to do the wks as mentioned and
within the period specified
The employer is entitled to carry such wks with his
own workman or other contractors
If in carrying out such wks the contractor was suppose
to have carried @ his own cost. The employer is
entitled to recover such cost from the contractor
 Temporary reinstatement (restoration)

If in the course of execution of the wks any part of the

road have been broken into and if permanent
reinstatement of such road is to be carried out by
the appropriate authority
or by other person other than the contractor or any sub
contractor to him then
 i. Pending such reinstatement the contractor shall be
responsible for making good the road or way
ii. The responsibility of contractor under para (i) will
continue until the period of maintenance of the wks
which caused such road or way to be broken into
Or until the authority or other person as aforesaid
shall have taken possession of the site for the
purpose of carrying out permanent reinstatement
(whichever comes earlier)
The contractor shall indemnify the employer against
any damage or injury to the employer or third part
arising out or in consequence of any neglect or
failure of the contractor to comply with the
foregoing obligations
At the period of maintenance or taking possession of
the site
The employer shall indemnify the contractor against
any damage or injury arising from the permanent
reinstatement of the way or road
b) Where the authority or any other person take
possession of the site
The responsibility of the contractor under sub clause a)
will cease in regard to any sections or length at the
time possession is taken
However the responsibility of the contractor will
remain on other section or length which possession
has not been taken
and the indemnities given by the employer and the
contractor shall be continued and have effect
accordingly
50) Contractor to search
The contractor may be required by the Eng in writing
to search for the cause of any defects
imperfections or fault
The cost of searching is borne by the employer if the
default or imperfections is not the fault of the
contractor
However, if search results shows otherwise then by
the contractor
 ALTERATIONS ADDITIONS &OMISSIONS

51 (1) Variations
The Eng is allowed to make variations in terms of
quality and quantity of the wks
He also has power and authority to order the contractor
on the following
i) Increase or decrease quantity of any wk included in
the contract
ii) Omit such work
iii) Change the character or quality or kind of such wk
iv) Change the levels, lines , positions and dimensions
of any part of the wk
v) Execute additional wk or any kind necessary for
the completion of the wk including removal and
replacement of materials
Including also removal and reconstruction of wk
previously approved by the Eng as being in
accordance with the contract
No variation in any way vitiate or invalidate the
contract
The value of such variation is taken into account in ascertaining
the amount of the contract price
2) Order of variation to be in writing
Contractor not allowed to make any variations without a written
order from the Eng unless the Eng desires to give it verbally
and confirm it in writing either before or after carrying out of
the order
No order in writing is required for increase or decrease in
quantity of wk scheduled where such increase or decrease is
not a result of an order given under this clause but the increase
or decrease is as a result of the Quantities exceeding or being
less than those stated in the bills of Quantities
52: Valuation of variations
The Eng determines the amount to be added or
deducted from the sum named in the tender in
respect of
 Any extra or additional wk done or wk omitted in

terms of clause 51
All such wk shall be valued @ the rates set out in the
contract. If in the opinion of the Eng the same rates
should be applicable
If the contract does not have any rates applicable. The
Eng and the contractor shall fix such prices
consistent with the rates set out in the contract
2) Authority of the Eng to fix the rates
If the nature of omission, addition or increase or
decrease in quantity whether ordered or arising
under sub clause 51(2) result in change of method
or scale of operation process of construction or
source of supply
And in the opinion of the Eng will render the rate in
the contract in applicable
The Eng in agreement with the contractor will fix such
rate or price as far as possible in consistent with the
rates or prices set out in the contract
No increase in contract price under sub clause (1) or
variation of rate or price under sub clause (2) shall be
made
Unless as soon as practicable notice is given in
writing or in case of extra wk or additional wk it
should be given before the commencement or soon
 The Eng should write to the contractor of his intention
to vary a rate or price as the case maybe
 Failure to agree

In event that the contractor and the Eng will fail to

agree on a price or rate in terms of sub clause i or ii.
The contractor shall give effect to the Eng’s variation
order and be paid at the rate or price proposed by
the Eng without prejudice to the contractor’s right to
obtain settlement of the disagreement in accordance
with clause 69
 Dayworks
If in the opinion of the Eng any additional or substituted
wk shall be executed on daywork basis
The contractor shall be paid for such work under the
conditions set out in the daywork schedule included or
attached in the BOQ and the rates and price affixed in
the tender
In the absence of daywork schedule the contractor shall
be paid the actual cost of time expended and the
materials used plus the % allowance stated in the
appendix to the form of tender in respect of
a) Gross remuneration of workman actually engaged
b) Net cost of materials actually used to complete the
works
If the contractor fails to fill in the % daywork
allowance in the appendix those stated by the
employer shall apply
The use of plant shall be charged out separately on a
time basis at rates tendered or otherwise at rates to
be agreed by the contractor and the Eng
Contractor to furnish the Eng or Eng Rep with receipts
or other vouchers as they may request to prove the
amounts paid
Contractor required to submit quotations to the Eng or
Rep for approval before ordering materials
Contractor required to deliver each day to the Eng or
Eng Rep an exact list in triplicate, of the occupation
and time of all workman employed on such wks
and also a statement in triplicate showing the
description and all quantities of materials and plant
Eng or Eng Rep will sign duplicate copies of each list
and statement if correct and agreed and return them
to the contractor
At the end of each month the contractor is required to
deliver to the Eng or Rep a priced statement of
labour, materials and plant used
Contractor not entitled to any payment unless such
statement has been fully and punctually rendered
and supported by the aforesaid counter signed lists
and statements
If the Eng in his opinion considers that the submission
of such list or statement by the contractor was
impracticable
He shall nevertheless be entitled to authorise payment
for such work either as dayworks or at such value
therefore as he shall consider fair and reasonable
 Claims

The contractor is required to send to the Eng once

every month an account giving full detailed
particulars of all claims for any additional expenses
No claim for payment for any such work will be
considered which has not been included in such
particulars
The Eng shall be entitled to authorise payment to be
made of any such unless the contractor fails to
comply with the conditions
54:Variations exceeding 15%
If the net effect of all variations other than those
arising by reason of any clause relating to variations
in price of materials and labour or special price
adjustments
Shall be found on completion of the whole works to
result in a reduction or addition greater than 15%
of the sum named in the tender Or
If any one item in the bill representing in itself, not
less than 15% of the said sum shall vary by more
than 20% the amount of the contract price shall be
amended by such reasonable sum as in the opinion
of the Eng
Regard being given to all materials and relevant
factors including contractor’s on cost and overheads
 Cause 55: Property in materials and plant
Contractor plant is deemed to include temporary wks but
exclude vehicles engaged in transporting any plant
equipment to and from site
Any construction plant held by the contractor on hire
agreement is referred to as hired plant
2) Vesting of certain plant
All constructional plant and material owned by the
contractor or to which the contractor has controlling
interests, such plant is deemed to be the property of the
employer when brought to site but
The contractor will have exclusive use of such plant, equipment
and material for completion of the wks until occurrence of any
event that will give the employer the right to exclude him from
site and proceed with the completion of the wks
 Ownership of hire purchased plant

Contractor will upon request notify the Eng in writing of hired

and hire purchased plant and the address of the owner
 Hire purchase by the employer

The employer is entitled to pay over due instalments or any

sum payable under the agreement to avoid seizure by the owner.
Employer will recover that from the contractor
 Irremovability of certain plant
No plant or material will be removed from site without a written
consent of the Eng, however the Eng can not unreasonably
withhold the plant where it is no longer immediately required for
the purpose of completion of the works
 Revesting and removal of the plant

Upon removal from site the property is deemed to revest in the

contractor who is responsible for removing it from site if contractor
fails
 Employer entitled to sell the plant & equip

 Return all hired plant or hire purchased plant to the company at

the expense of the contractor

If proceeds from selling the plant are insufficient in meeting
the expense will be debt from the contractor to the employer
 Liability for loss or damage to plant

Employer not held liable for loss of damage to any of the

constructional plant or material exception being given to
damage due to excepted risks
 Incorporation of clause in sub contracts

Contractor also required to incorporate this clause into

contracts with sub contractors by reference or otherwise
 No approval by vesting
The operation of clause 55 is not deemed to imply any
approval by the Engineer of materials and other matter
referred therein and as such can not prevent the rejection of
any such material any time by the Eng
 MEASUREMENTS

57.Quantities
The quantities set out in the bill of quantities are
estimated quantities and they are not supposed to be
taken as actual or correct quantities of the wks
58. The Eng is required to ascertain and determine
the value of the wks done in accordance with the
contract
 The Eng or Rep are required to make measurements
and are required to give notice to the contractor
when making such measurements who shall also
attend or sent a qualified agent
 If the contractor fails to attend or neglect or omit to

send such an agent, then measurements made by the

Eng or his Rep shall be taken to be the correct
measurement of the wks
59. Bills of Quantities shall be deemed to have been
prepared and measurements will be made in
accordance with the procedures set fourth in the
standard method of measurement of Civil Eng
Quantities issued by the relevant bodies of Civil Eng
at the date of tender
PROVISIONAL AND PRIME COST SUMS
 60: Provisional sums

In case of any provisional sum set out in the bills of

quantities for the work which has not been specified or
billed in detail during contract formation, where the Eng
orders such work and such work is
 Executed by the contractor , it shall be valued according to
clause 52
 Executed by a nominated sub contractor and paid for by the
contractor. The contractor will be reimbursed the sum he
actually paid plus a% adjustment inserted by the contractor in
the bills of quantities
 The contractor will be reimbursed the sum he actually paid
plus a
i. % adjustment inserted by the contractor in the bills of quantities
ii. A sum to cover attendance or other costs as may be inserted by the
contractor in the bills of quantities
 Prime cost items
Where the sums are stated in the bills of quantities to cover for
prime cost(PC) .
The amount paid to the contractor for the supply of goods or
materials under the contract will be
 the actual price by the contractor in substitution for prime cost
sums plus % adjustment as maybe inserted in the contract by
the contractor in spaces provided for in the bills of quantities
  Cost plus the sum to cover transport installation attendance or
other costs as may be inserted by the contractor in the bills of
quantities
 Use of provisional prime cost and contingency items
Any expenditure in connection with provisional and prime cost
sums and under contingency is solely the responsibility of the
Eng and any amount not expended will be deducted from the
contract price.
 Production of Vouchers etc

The contractor is required to produce all invoices , vouchers

and receipts of payments made in connection with any
provisional and prime cost items
 Cash discounts
If the contractor makes any payment to the subcontractor or
supplier before receiving payment from the employer.
The contractor may negotiate with the subcontractor or
supplier to receive cash discount on the sum paid, that
discount is not deducted in determining the sums actually
paid by the contractor
 Assignment of subcontractor’s obligation

Where a nominated subcontractor have executed work or

supplied goods or materials any continuing obligation
extending that period of maintenance under the contract
The contractor will assign the employer at employer’s
request and cost the benefits of such benefits of such
obligation for the unexpired duration
 61: Nominated sub contractors

The clause explains what constitutes nominated

subcontractor
CERTIFICATES AND PAYMENTS
 62: Monthly payments

Monthly payments are issued if the estimated contract

value of the works executed justifies the issue of a
Contractor required to submit a statement as may be agreed
between the Eng & the contractor and the contractor is paid
the amount which in the opinion of the Eng is due to the
contractor within 30days unless stated otherwise
 Recovery of advances

Advances on account of the temporary wks or construction

plant will be recoverable from deductions from subsequent
monthly payments as may be provided for.
 Payment of retention monies
Where maintenance is specified the money will be paid to
the contractor on Eng issuing a certificate of completion in
terms of sub clause 48 and the other half when the Eng
have certified within 14 dys of expiration of the period of
maintenance
If the contractor still have some outstanding wks the
employer is entitled to withhold such payments until
completion of such wks
 Or it will be held in accordance with the cost of
remaining wks
 Or where there are different maintenance periods it will
be proportion of the total retention money to each portion
of completed wks
If maintenance period is not specified the whole of
retention money will become due and will be paid to the
contractor when the Eng have certified payment within 14
days of completion of the whole wks
If contractor has offered sufficient surety or gurantee
approved and acceptable by the employer to cover
retention.
The payment of retention is adjusted in terms of such
surety or guarantee
 Time of payment

Within 30dys unless stated in tender

Interest on overdue payment
in the event of failure by the Eng to certify or the employer
to make payment in accordance to sub clause 3&4.
Employer is required to pay interest on overdue payments
at a rate equivalent to the prevailing commercial bank rate
for overdrafts plus 2% per annum
 Correction and withholding of certificates

Eng allowed to make corrections/ modifications to any

previous certificate.
The Eng also have the power to withhold certificates for
any unsatisfactory works
 Payment to nominated sub contractors
The Eng is entitled to demand proof from the contractor that
shows that all payments in previous certificates have been
made to the nominated subcontractors before issuing any
certificate
If in default the contractor has to inform the Eng in writing
indicating the reasons for withholding or refusing to make
such payment
The contractor also has to produce roof which shows that
he has also informed such nominated sub contractor in
writing
The employer is also entitled to make direct payments to the
nominated sub contractor where the contractor would have failed
to make such payments
The employer will recover such monies from the contractor
 Continuing obligation by nominated subcontractor

 The employer can secure final payment to the nominated

subcontractor if such subcontractor has satisfactory indemnifies

the employer against all obligations under clause 49
 Under such circumstance the Eng is required to include in the

certificate to cover such payments and the contractor ‘s limit to

retention money is reduced in the same proportion in relation to
the contract price
Following such payment the contractor is discharged from any
liabilities for the work or materials covered by such certificate
 Payments currency

Unless otherwise provided. All payments will be made in a

currency of Zimbabwe
 Approval only by final certificate

No any other certificate other than the final certificate

referred to in clause 64 shall be deemed to constitute
approval of any work or other matters in respect of which it is
issued or shall be taken as admission to any due performance
etc nor shall any other certificate conclude or
prejudice any of the powers of the Eng
 Final certificate

The contract can not be considered complete until the final

certificate has been signed by the Eng and delivered to the employer
stating that the works have been completed to his satisfaction.
The final certificate is issued by the Eng within 14 days of
completion of the whole works or the expiration of the maintenance
period
OR pursuant to completion of any work ordered under clause 49 or
50
Issuance of final certificate is not a condition precedent to payment
of the remaining amount of retention money
 Cessation of employer’s liability
The employer will not be liable to the contractor for any matter or
thing arising out of or in connection with the contract or the
execution of the works unless the contractor have made a claim
in writing in respect thereof before the giving of the final
certificate under this clause
 Unfulfilled obligations

The contractor and the employer will remain liable of any

unfulfilled obligation incurred under provisions of the contract
prior to the issue of the final certificate
The contract is deemed to remain in force between the parties
hereto
 REMEDIES AND POWERS

Determination by the employer

Reasons for determination
i. Insolvency
ii. Abandonment of contract
iii. Failure to commence works in terms of clause 41
iv. Suspension of progress of works for 14days after receiving an instruction
from the Eng to proceed with the works
v. Failure to proceed with the works with due diligence
vi. Failure to remove condemned materials from site or failure to pull down
and replace the work within 14 days after receiving a notice from the Eng
vii. Failure to execute the works in accordance with the contract
viii. Subletting any contract or
ix. Assigning the contract without a written consent of the employer
The employer may give notice in writing after 7 days to the
contractor and to the sureties
 after such notice the employer can enter upon the site

and the works and expel the contractor without releasing

the contractor from any of his obligation and liabilities
under the contract or affecting the rights and powers
conferred on the employer or Eng by the contract
 Employer may arrange with the sureties complete the

works or may complete the works himself

The employer or any other person may have right to use the
plant, temporary wks and materials on site which have
deemed to become property of the employer
Valuation @ date of determination
after expulsion by the employer, the eng will fix and
determine after consultation with the concerned parties the
amounts if any which could have been earned by the
contractor in respect of wk actually done and any value of
unused or partially used materials , plant etc on site which
have deemed to be property of the employer
 Payment after determination by employer
If the employer expels the contractor he is not liable to pay
the contractor any monies until completion of the whole
wks and all the expenses by the employer have been
ascertained
 If such sums exceed the sum which would have been

payable to the contractor on due completion of the works

by him then the contractor will pay the excess to the
employer
 Determination by contractor
Reasons for determination
 If the Eng fails to issue a certificate as detailed in the

contract or employer fails to make payment due to the

contractor
The contractor will give notice of such failure, if the
employer fails to respond within 14 days from delivery of
the notice then the contractor in addition to any other
remedies available he is entitled to:
 Stop all operation under the contract taking into
consideration all the expense incurred by such stoppage and
the subsequent resumption of such wks
 Determine the contract by notice in writing to the employer

and he entitled to receive payment for all wks executed and

any damages which he recover in connection with the wks
The rates set out in the contract may be used in coming up with
the cost
All plant & equipment brought to site by the contractor will
revest in him and the contractor will remove the same from site
 Payment to contractor
In the event of determination the employer is under
obligation to pay the contractor all payments entitled to the
contractor under clause 68 and in addition any amounts of
loss & damage to the contractor arising in connection with
consequences of such determination
 Bankruptcy of the employer

If during the contractor become bankrupt or insolvent and

other conditions as outlaid in clause 68(3)
 The contractor can proceed as outlined in sub clause (a) or

(b)
 Overdue payments
The contractor is entitled for interest @ a rate per annum
equivalent to the prevailing commercial bank rate for
overdrafts +2% on all monies payable to him but unpaid
 Urgent Repairs

If urgent repairs arise because of any other reasons of

accidents or failure or other event occurring in connection
with the wks and if in the opinion of the Engineer is
necessary for security and the contractor will be unable or
unwilling to carryout the wks
 The employer may do so , and if the wks or repair done
by the employer was wk which contractor was liable to
do @ his own expense all the expenses incurred by the
employer in carrying out the works are recovered from the
contractor provided the Eng would have notified the
contractor of such emergency