|
Similarly， in accordance with the procedure set out in sub - （1）''of this Clause， the Contractor may request and the Em - ployer shall issue a Certificate of Completion in respect of；
（a）any section of the Permanent Works in respect of which a separate time for completion is provided in the Contract；and
（b）any substantial part of the Permanent Works which has been completed to the satisfaction of the Employer.
In any part of the Permanent Work shall have been substan - tially completed and shall have satisfactorily passed any final test that may be prescribed by the Contract， the Employer may issue a Certificate of Completion in respect of that part of the Perma - nent Works before completion of the Whole of the Works and， upon the issue of such Certificate， the Contractor shall be deemed to have undertaken to complete any outstanding work in that part of the Works during the Period of Maintenance.
Provided always that a Certificate of Completion given in respect of any section or part of the Permanent Works before com - pletion of the whole shall not be deemed to certify completion of any ground or surfaces requiring reinstatement， unless such Cer - tificate shall expressly so state.
27 Guarantee Against Defects and Liability for De- feetive Work
In these conditions the expression "Period of Maintenance''shall mean a period of guarantee for one year from the date of completion of the works certifiecd by the Employer in accordance with 26 hereof.
Upon notification from the Employer， the Contractor shall rectify or reconstruct without delay， free of cost to the Employ - er， any defects of damages arising out of faulty materials or workmanship.
If the Contractor shall fail to do any such work as aforesaid required by the Employer， the Employer shall be entitled to em - ploy and pay other persons to carry out the same and if such work is work which， in his opinion， the Contractor was liable to do at his own expense under the Contract， then all expenses con- sequent thereon or incidental thereto shall be recoverable or which may become due to the Contractor.
In the event the Contract is terminated prior to completion of the work， the liability of the Contractor for faulty material or defective workmanship shall apply to the partially completed work for a period of one year after the work has been fully com - pleted and taken over by the Employer.
28 Alterations， Additions and Ommissions
The Employer shall make any variation of the form， quality or quantity of the Works or any part thereof that may， in his opinion， be necessary and for that purpose， or if for any other reason it shall， in his opinion be desirable， he shall have power to order the Contractor to do and the Contractor shall do any of the following：
（a）increase or decrease the quantity of any work included in the Contract
（b）omit any such work；
（c）change the character or quality or kind of any such work；
（d）change the levels， lines， position and dimensiona of any part of the Works；and
（e）execute additional work of any kind necessary for the completion of the Works；
and no such variation shall in any way vitiate or invalidate the Contract， but the value， if any， of all such variations shall be taken into account in ascertaining the amount of the Contract Price.
No such variations shall be made by the Contractor without an order in writing of the Employer. Provided that no order in writing shall be required for increase or decrease in the quantity of any work where such increase or decrease is not the result of an order given under this Clause， but is the result of the quanti - ties exceeding or being less than those stated in the Bill of Quan - tities.
All extra or additional work done or work omitted by order of the Employer shall be valued at the rates and prices set out in the Contract if， in the opinion of the Employer， the same shall be applicable. If the Contract does not contain any rates or prices applicable to the extra or additional work， then suitable rates or prices shall be agreed upon between the Employer and the Con- tractor. In the event of disagreement the Employer shall fix such rates or prices as shall， in his opinion， be reasonable and proper.
29 Adjustment of Contract Price Due to Variations in Quantities.
Should the total aggregate sum of all monthly progress payments excepting payment for additional work， provisional sumitems exceed or fall short of the original total Contract Price，then adjustment shall be made to the original total Contract Price upon completion of the work as follows；
（a）In case the total aggregate sum of all monthly payments is more than one hundred and twenty （120）percent of the original total Contract Price， then the amount exceeding one hundred and twenty （120） percent of the original total Contract Price shall be calculated and paid at eighty （80） percent of the amount
（b）In case the total aggregate sum of all monthly progress payments is less than eighty （80） percent of the original total Contract Price， then the difference between eighty （80） percent of the original total Contract Price and the total aggregate sum of all monthly progress payments will be paid at twenty （20）percent to compensate the Contractor for overhead and loss of profit
（c）Provided that adjustment of Contract Price under this shall not apply in the event of termination of this Contract as provided for in 35. Settlement of payment for the adjusted amount shall be made in the final payment. No adjustment of Contract Price shall be made for an increase or decrease in the quantity of individual items of work in the Schedule.
The Contractor shall send to the Employer once in every month an account giving particulars， as full and detailed as possible， of all claims for any additional payment to which the Con - tractor may consider himself entitled and of all extra or addition - al work ordered by the Employer which he has executed during the preceding month.
No final or interim claim for payment for any such work or expense will be considered which has not been included in such particulars. Provided always that the Employer shall be entitled to authorize payment to be made for any such work or expense， notwithstanding the Contractor''s failure to comply with this con - dition， if the Contractor has， at the earliest practicable opportuni - ty， notified the Employer in writing that he intends to make a claim for such work.
30 Plant， Temporary Work and Materials
All constructional Plant， Temporary Works and materials provided by the Contractor shall， when brought on to the Site， be deemed to be exclusively intended for the execution of the Works and the Contractor shall not remove the same or any part there - of， except for the purpose of moving it from one part of the Site to another， without the consent， in writing， of. the Employer.
Upon completion of the Works the Contractor shall remove from the Site all the said Constructional Plant and Temporary Works remaining thereon and any unused materials provided by the Contractor.
The Employer shall not at any time be liable for the loss of or damage to any of the said Constructional Plant.Temporary Works or materials save as mentioned in Clauses 8 and 35 here- of.
In respect of any Constructional Plant which the Contractor shall have imported for the purpose of the Works， the Employer will assist the Contractor， where required， in procuring any.nec - essary Government consent to the re - export of such Construc- tional Plant by the Contractor upon the removal thereof as afore - said.
The Employer will assist the Contractor， where required， in obtaining clearance through the Customs of Constructional Plant， materials and other things required for the work.
31 Measurement of Quantities
The quantities set out in the Bill of Quantities are the estimated quantities of the work， but they are not to be taken as the actual and correct quantities of the Works to be executed by the Contractor in fulfillment of his obligations under the Contract.
The Employer shall， except as otherwise stated， ascertain and determine by measurement the value in terms of the Contract of work done in accordance with the Contract. He shall， when he requires any part or parts of the Works to be measured， give no - tice to the Contractor''s authorized agent or representative， who shall forthwith attend or send a qualified agent to assist the Em - ployer in making such measurement， and shall furnish all particu - lars required by either of them. Should the Contractor not at - tend， or neglect or omit to send such agent， then the measure - ment made by the Employer shall be taken to be the correct mea- surement of the work.
The Works shall be measured， notwithstanding any general or local custom， except where otherwise specifically described or prescribed in the Contract.
32 Provisional Sums
"Provisional Sum''means a sum included in the Contract and so designated in the Bill of Quantities for the execution of work or the supply of goods， materials， or services， or for contingen - cies， which sum may be used， in whole or in part， or not at all at the direction and discretion of the Employer.
33 Payment and Retention
The Contractor shall present his statement for monthly progress payment to the Employer as early as possible after the end of each month.The statement 3hall be in the form approved by the Employer and shall be accompanied by copies of records of measurement and calculations to support the amounts claimed. The Employer after due verification of the statement of payment shall release for payment to the Contractor the net amount after deduction of the retention amount specified. The final payment will be made on submission of the completion certificate.
|
