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All samples shall be supplied by the Contractor at his own cost if the supply thereof is clearly intended by of provided for in the Contract， but if not， then at the cost of the Employer.
The cost of making any test shall be borne by the Contractor if such test is clearly intended by of provided for in the Contract and， in the cases only of a test under load or of a test to ascertain whether the design of any finished or partially finished work is appropriate for the purposes which it was intended to fulfil， is particularized in the Contract in sufficient detail to enable the Contractor to price of allow for the same in his Tender：
If any test is ordered by the Employer which is either：
（a）not so intended by or provided for； or
（b）（in the cases above mentioned） is not so particularized；or
（c）though so intended or provided for is ordered by the Employer to be carried out by an independent person at any place other than the Site or the place of manufacture or fabrication of the materials tested ；then the cost of such test shall be borne by the Contractor， if the test shows the workmanship or materials not to be in accordance with the provisions of the Contract.
19 Inspection of Operations
The Employer and any person authorized by him shall at all times have access to the Works and to all workshops and places where work is being prepared or from where materials， manufactured articles or machinery are being obtained for the Works and the Contractor shall afford every facility for and every assistance on or in obtaining the right to such access.
No work shall be covered up or put out of view without the approval of the Employer and the Contractor shall afford full opportunity for the Employer to examine and measure any work which is about to be covered up or put out of view and to examine foundations before Permanent Work is placed there on. The Contractor shall give due notice to the Employer whenever any such work or foundations is or are ready or about to be ready for examination and the Employer shall， without unreasonable delay， unless he considers it unnecessary and advises the Contractor accordingly， attend for the purpose of examining and measuring such work or of examining such foundations.
20 Removal of Improper Work and Materials
The Employer shall during the progress of the Works have power to order in writing from time to time，
（a）the removal from the Site， within such time or times as may be specified in the order， of any material which， in the opinion of the Employer， are not in accordance with the Contract；
（b）the substitution of proper and suitable materials； and
（c）the removal and proper reexecution， notwithstanding any previous test thereof or interim payment therefor， of any work which in respect of materials or workmanship is not， in the opinion of the Employer， in accordance， with the Contract.
In case of default on the part of the Contractor in carrying out such order， the Employer shall be entitled to employ and pay other persons to carry out the same and all expenses consequent thereon or incidental thereto shall be recoverable from the Contractor by the Employer， or may be deducted by the Employer from any monies due or which may become due to the Contractor.
21 Suspension of Work
The Contractor shall， on the written order of the Employer， suspend the progress of the Work or any part thereof for such time of times and in such manner as the Employer may consider necessary and shall during such suspension properly protect and secure the work， so far as is necessary in the opinion of the Employer. The extra cost incurred by the Contractor in giving effect to the Employer''s instructions under this shall be borne and paid by the Employer unless such suspension is；
（a）otherwise provided for in the Contract； or
（b）necessary by reason of some default on the part of the Contractor； or
（c）necessary by reason of some default on the part of the Contractor； or
（d）necessary for the proper execution of the Works or for the Safety of the Works or any part thereof insofar as such necessity does not arise from any act or default by the Engineer or the Employer or from any of the expected risks defined in 8（2） hereof.
Provided that the Contractor shall not be entitled to recover any such extra cost unless he gives written notice of his intention to claim to the Employer within twenty - eight days of the Employer''s order. The Employer shall settle and determine such extra payment and/or extension of time under 23 hereof to be made to the Contractor in respect of such claim as shall， in the opinion of the Employer， be fair and reasonable.
If the progress of the Works or any part thereof is suspended on the written order of the Emloyer and if permission to resume work is not given by the Employer within a period of ninety days from the date of suspensing them， unless such suspension is within paragraph （a）， （b）， （c） or （d） of sub（1） of this Clause， the Contractor may serve a written notice on the Employer requiring permission within twenty eight days from the receipt thereof to proceed with the Works， or that part thereof in regard to which progress is suspended and， if such permission is not granted within that time ，the Contractor by further written notice so served may， but is not bound to， elect or treat the suspension where it affects only part of the Works as an omission of such part under 28 hereof， or， where it affects the whole Works， as an abandonment of the Contract by the Employer.
22 Commencement Time and Time for Completion
The Contractor shall commence the Works on Site within fifteen days of signing the Contract， but in any event， not later than two months. The Contractor shall commence the work with due expedition and without delay， except as may be expressly sanctioned or ordered by the Employer， or be wholly beyond the Contractor''s control.
Save insofar as the Contract may be prescribed， the extent of portions of the Site of which the Contractor is to be given possession from time to time and the order in which such portions shall be made available to him and， subject to any requirement in the Contract as to the order in which the Works shall be executed， the Employer will give to the Contractor possession of so much of the Site as may be required to enable the Contractor to commence and proceed with the execution of the Works in accordance with the agreed program. If the Contractor suffers delay or incurs cost from failure on the part of the Employer to give possession， the Employer shall grant an extension of time for the completion of the Works and certify such sum as， in his opinion， shall be fair to cover the cost incurred.
The Contractor shall bear all costs and charges for special or temporary wayleaves required by him in connection with access to the Site.The Contractor shall also provide at his own cost any additi ional accommodation outside the Site required by him for the purposes of the Works.
to any requirement in the Contract as to completion of any section of the Works before completion of the whole， the whole of the Works shall be completed''， in accordance with the proccesions of 4 （2） hereof.
23 Extension of Time for Completion
Should the amount of extra or additional work of any kind or any cause of delay referred to in these Conditions， or exceptional adverse climatic conditions， or their special circumstances of any kind whatsoever which may occur， other than through a default of the Contractor， be such as fairly to entitle the Contrac - tor to an extension of time for the completion of the Works the Employer shall determine the amount of such extension and shall notify the Contractor accordingly.
24 Rate of Progress
If for any reason， which does not entitle the Contractor to an extension of time， the rate of progress of the works or any section is at any time， in the opinion of the Employer， too slow to ensure completion by the prescribed time or extended time for completion， the Employer shall so notify the Contractor in writing and the Contractor shall thereupon take such steps as are necessary and the Employer may approve to expedite progress so as to complete the Works or such section by the prescribed time or extended time.The Contractor shall not be entitled to any ad - ditional payment for taking such Steps.
25 Liquidated Damages for Delay
If the Contractor shall fail to achieve completion of the Works within the time prescribed in 4 （2） hereof， then the Contractor shall pay to the Employer at the rate of perday liquidated damages for such default and not as a penalty which shall elapse between the time prescribed by 4 （2）hereof and the date of certified completion of the Works.The Employer may， without prejudice to any other method of recov -ery， deduct the amount of such damages from any monies in his hands， due or which may become due to the Contractor.The pay - merit or deuction of such damages shall not relieve Contractor from his obligation to complete the Works， or from any other of his obligations and liabilities under the Contract.
26 Certification of Completion of Works
When the whole of the Works have been substantially com - pleted and have satisfactorily passed any final test that may be prescribed by the Contract， the Contractor may give a notice to that effect to the Employer accompanied by an undertaking to finish any outstanding work during the Period of Maintenance. Such notice and undertaking shall be in writing and shall be deemed to be a request by the Contract for issue of a Certificate of Completion in respect of the Works.The Employer shall ， with - in twenty - one days of the date of delivery of such notice either is - sue to the Contractor a Certificate of Completion stating date on which， in his opinion， the works were substantially completed in accordance with the Contract or give instructions in writing to the Contractor specifying all the work which， in his opinion， re - quires to be done by the Contractor before the issue of such Cer - tificate.The Employer shall also notify the Contractor of any de -fects in the Works affecting substantial . completion that may ap - pear after such instructions and before completion of the works specified therein .The Contractor shall be entitled to receive such Certificate of Completion within twenty - one days of completion of the works specified and making good any defects so notified.
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