Neral Conditions of Contract
Neral Conditions of Contract
Neral Conditions of Contract
2.1.1 In the `Contract' (as hereinafter defined) the following words and expressions shall have the meanings
herein assigned to them, except where the subject or context otherwise requires.
2.1.2 The `Contract' shall mean and notice of Tender, the sealed quotation and acceptance thereof, the
Articles of Agreement, conditions of Tender, Conditions of Contract the Appendix, the Specifications,
the Priced Bill of Quantities and shall include any special conditions, Annexure, letters amending,
altering of stipulating conditions or rates, or specifications in so far, as accepted by the Employer
defined hereinafter, and Drawings. All these shall be deemed to form one contract and shall be
complementary to one another including correspondence.
2.1.3 The `Contractor' shall mean M/s having its office at shall include his heirs,
legal representative/s, assigns, or successor/s.
2.1.4 The `Employer' ‘Client’ shall mean M/s Universal Charitable Centre having its office at No.2922/20,
Chord road, R.P.C. Layout, Near Attiguppe Bus Stop, Vijayanagar, Bengaluru-40.
2.1.5 The `Architect' shall mean M/s. SHASTRI ASSOCIATES, having its office at # 1002, 25 th main, 11th
cross, sector 1, HSR Layout, Bangalore - 560 034, who are so appointed for this work, or in the event
of their ceasing to be the Architects for the purpose of this contract, such other person/s as the
Employer shall nominate.
2.1.6 "NOTICE IN WRITING" or "WRITTEN NOTICE" shall means a notice written or typed and addressed to
the Employer or the Contractor as the case may be; by Registered Post or by any other means of
acknowledged delivery, to the addresses referred to in Clause 2.1.3 and 2.1.4 applicable.
2.1.7 A `Day' shall mean any day of 24 hrs from midnight to midnight, irrespective of the number of hrs
Worked in that day.
2.1.8 A `Week' shall mean seven consecutive days, without regard to the number of hrs worked in any day
of that week.
2.1.9 `Drawings' means the drawings referred to in the tender and any modifications of such drawings
approved in writing by the Architects and any such drawings as may from time to time be furnished or
approved in writing by the Architect.
2.1.10 "Act of Insolvency" shall mean any act of insolvency as defined by the Presidency Towns Insolvency
Act or the Provincial Insolvency Act or any act amending such original.
2.1.11 "Excepted Risks" are risks due to riots (otherwise than among Contractor's employees) and civil
commotion (in so far as both these are uninsurable) war (whether declared or not) invasion of foreign
enemies, hostilities, civil war, rebellion, revolution, insurrection, military or unsurped power, any acts
of God such as earthquakes, lightning, unprecedented flood, etc., over which the Contractor has no
control and accepted as such by the Employer.
2.1.12 "Market Rate" in the case of items not covered in the Contract shall be the rate as decided by the
Employer on the basis of the direct cost of materials and labour to the contract, prevailing at the
time when the work is to be executed plus a percentage of Fifteen percent to cover all overheads
and profits.
2.1.13 "Net Prices" If in arriving at the contract amount, the Contractor shall have added to or deducted from
the total of the items in the Tender any sum either as a percentage or otherwise, then the net price of
any item in deducting from the actual sum arrived at by adding to or deducting from the actual sum
appearing in the tender a similar percentage or proportionate sum provided always that in
determining the percentages or the proportion of the sum is added or deducted, by the Contractor,
the total amount of any prime cost items and provisional sums of money shall be deducted from the
total amount of the tender. The expression "Net Rates" or "Net Prices" when used with reference too
the contract shall be held to mean rates or prices so arrived at.
2.1.14 i. "Nominated sub-Contractor" shall mean all other specialists merchants, tradesmen and others
executing any special work or supplying any who may be selected or approved and employed
directly by the Employer.
ii. "Nominated sub-Contractor" shall undertake towards the contractor the like obligations and liabilities
are as imposed upon the contractors by the terms of his contract. “Sub contract” shall mean any
contract entered in to by the contractor with any such nominated or approved Sub-contractor.
2.1.15 The "Site" shall mean the lands and/or other on, under in or through which the work is to be executed
under the contract including any other lands or places which is allotted or used for the purposes of
the contract.
2.1.16 "Specifications" means primarily the specifications with these documents and the specifications of the
Indian Standards Institution as referred therein.
2.1.17 "Works" shall mean the works to be executed in accordance with the contract or part(s) thereof as the
case may be and shall include all authorized extra or additional, altered or substituted works as
required for the performance of the contract.
2.1.18 Where the context so required, words importing persons including firms and corporation and works
importing singular only also include the plural and vice-versa.
2.1.19 Scope:
i] The scope of work is to the complete Civil & Structural Works as called for in the drawings, Bill of
Quantities all as per tender document for duly completion of work.
Irrespective of anything else said in this contract, the Employer retains all full powers for the
performance / operation of the Contract from his side. The Architect shall act on his behalf.
For the completion of the project, it will be necessary for the other agencies to be employed. The
Employer's Representatives and the Architect will co-ordinate all activities and the Contractor shall
extend full co-operation so as to achieve speedy completion.
2.2.1 Intents:
i) The work to be carried out under the contract shall include all the items given in the Schedule of
Quantities and such other item as may be instructed by the Employer/Architect and shall except as
otherwise specified in these conditions include all labour, materials including wastage, tools plant
equipment and transport, hoisting, setting and fitting in position etc., which may be required in
preparation and completion of the works.
ii] Provisional items shall mean all items of works which may be required and for which only approximate
quantities may have been included in the Schedule of Quantities.
iii] No work under such provisional items shall be executed without prior instruction in writing from the
Employer / Architect.
ii] The Contractor shall forthwith comply with and duly execute any work comprised in such Architect's
instructions provided always that verbal instruction, directions, and explanations given to the
Contractor or his representative upon the works by the Architect shall, if involving a variation, be
confirmed in writing by the Contractor within a further seven days by the Architect, and if not
dissented from such shall be deemed to be Architect's instructions within the scope of the contract. If
oral instructions are not confirmed in writing with in 7 days, the contractor shall, nevertheless, comply
with the same. However, the employer shall issue the written confirmation at any time prior to issue
of the final certificate and the said confirmation shall, there upon, be deemed to have taken effect on
the date on which it was orally issued.
iii] If compliance with the Architect's instructions as aforesaid involves work and/or expense and/ or
loss beyond issued owing to some breach of this contract by the Contractor, the Employer shall pay
to the Contractor on the Architect's Certificate the price of the said work to the extent of the work
exempted only and nor for total volume of item (as an extra to be valued as hereinafter provided)
and/or expenses and or loss.
2.2.3 Deviations
The Employer/Architect may make any alterations, additions to or omissions from the work as
described in the tender documents, including change in the lines, levels, positions and dimensions of
any part of the work that may in his opinion be necessary and for that purpose he shall have proven
to order the Contractor to do and the Contractor shall carry out the same as provided in this tender
document.
(ii) Any error of description or in omission of items from the Schedule of Quantities shall not vitiate
this contract but shall be rectified and the value thereof as ascertained under Clause 2.2.33 here of
shall be added to or deducted from the contract amount (as the case may be) .
The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and
sufficiency of his tender for the works and of the prices stated in the schedule of Quantities and/or the
Schedule of Rates and prices which rates and prices shall cover all his obligations under the
Contract, and all matters and things necessary and shall obtain clarification from the Architect his
intent for each item tendered for.
2.2.8 Variation not to vitiate Contract.
No alteration, omission or variation shall vitiate this Contract but in case Employer through the
Architect thinks proper at any time during the progress of works to make any alterations in or
additions to or omissions from the works or any alteration in the kind or quality of the materials to be
used therein and shall give notice thereof in writing to the Contractor. The Contractor shall not do any
work extra or make any alternations or additions to or omissions from the works or any deviation from
any of the provisions from the works or any deviation from any of the provisions of the contract
stipulation, Specification or Contract Drawings without the previous consent, in writing of the
Architect/Employer and the value of such extras, alterations, additions or omissions shall, in all cases
be determined by the Architect/Employer. Thereof, and the same shall be added to or deducted from
the Contract amount accordingly.
(ii) The Contractor shall provide and employ on the site in connection with the execution and
maintenance of the Works.
(a) Only such technical assistants as are skilled and experienced in their respective callings
and such sub-agents, foremen and leading hands as are competent to give proper
supervision to the work, they are required to supervise and
(b) Such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely
execution and maintenance of the works.
(c) Where required by law or regulation of local or other authority such personnel shall be
duly licensed by the competent authority to practice their trades professions and callings.
(d) The contractor shall also provide a list of qualified and experienced technical/skilled
Personnel proposed to be employed at site.
(iii) The Employer / Architect shall be at liberty to object to and require the Contractor to remove
forthwith from the work, any person employed by the Contractor in or out the execution or
maintenance of the works who in the opinion of the Employer/Architect misconduct's
himself, or is incompetent or negligent in the proper performance of his duties, or whose
employment is otherwise considered by the Employer / Architect to be undesirable and such
person shall not be again employed upon the works without the written permission of the
Employer / Architect. Any person so removed from the works shall be replaced without delay
by a competent substitute approved by the Employer/Architect. No person under the age of
16 years shall be employed at site.
(iv) The contractor shall if required by the Employer/Architect deliver to the Employer/Architect
returns in such form and at such interval as the Employer/Architect may otherwise desire in
detail the Employer/Architect may otherwise desire, showing in detail the supervisory staff
and the numbers of the several classes of labour from time to time daily, weekly and/or
monthly as the Employer feels appropriate employed by the contractor on the site.
(v) The Contractor shall maintain and protect public and private carriage ways, footways, kerbs,
pipes, ducts, sewers, service mains, overhead cables, etc., and keep approaches to the site
clear of mud throughout the execution of the works and make good or pay for the
reinstatement of any damage caused there to directly or indirectly by the execution of the
works.
The contractor shall dismantle and remove from site all such temporary structures on completion of
contract or whenever the Architect/Employer may require such dismantling and removal on account
of obstruction of work, nuisance value or any other reason.
All construction shall be suitable for all weather use and be reasonably secure from thieves.
A covered store for cement stock and a tool store constructed in block work and GI sheet roofing
have to be provided.
2.2.14 Progress
(i) Time is the essence of this contract. It shall be clearly understood that the contractor is bound to
complete the works in all respect within the time specified in these documents. The contractor shall
also make arrangement submitting the following during the project.
a) Submission of daily labour and progress reports
b) Submission of monthly progress reports
c) Submit reports of weekly progress meetings
d) Submission of monthly progress photographs.
(ii) The Contractor's program of work / bar chart submitted by him shall bear a responsible relation to
the total time schedule and shall give the forecast of the dates of commencement and completion of
the various construction trade/stages of the work. It shall also indicate the time schedule for all
preliminary arrangements the contractors intends to make before start of the works.
The schedule shall be in form of GANTT or BAR or CPM/PERT CHART specifying activity
relationships and duration critical path and milestones. The date wise program of work shall be
submitted to the Architect/Employer/PMC with in one week of award of the work. It shall contain the
completion dates of important milestones like that of structure, finishing works and handing over.
The contractor shall prepare and submit a bar chart based constructions program which should
indicate:
Expected commencement & completion dates of each work item.
Monthly cash outlay
Scheduling of samples, shop drawings & approvals.
Scheduling of material procurement.
Scheduling of manpower, plant, tools, machinery and formwork.
This program, after due approval by the Employer, will form part of the contract documents
(iii) The progress schedule should be amended on a regular basis, to be decided by the Architect /
Employers representatives.
(iv) The Contractor shall appoint adequate manpower for civil engineering work to be carried out by him
to complete the job and shall increase the manpower requirement in order to speed up the job so as
to complete the same within the time schedule.
The Contractor should submit within 7 days of award of work, a schedule showing his manpower
deployment (with classification by trade) over the duration of the project. The Employer/Architect
shall amend this if necessary, in consultation with the contractor and the contractor shall be bound to
adhere to revised manpower scheduling.
(v) The contractor shall arrange at his cost and bring to the site the necessary construction equipment’s
in excellent working condition shall arrange for additional construction equipment if deemed
necessary to speed up the job in order to complete the same within the time schedule. No plant,
equipment or machinery shall be withdrawn from the side unless permitted by the Employer/Architect
.
(vi) No construction material belonging to the contractor such as centering material, mechanical and
electrical equipment shall be allowed to be taken out of site without specific approval of the
Employer’s Employer/Architect.
(i) The Contractor shall be responsible for the true and proper setting out of the works. He shall be
responsible for the proper maintenance of all reference pillars, benchmarks, stakes and other
evidences existing in the field required in connection with the setting out of works at his own cost till
physical completion of all the items of work or prior to that if agreed to by the Architect. The
contractor shall employ a qualified surveyor for maintaining of records jointly.
(ii) All such benchmarks, reference pillars etc., shall be subject to checks and approval of the Architect /
Employer at all times. Any variations noticed in the work as a result of improper establishment or
maintenance of these shall be at the risk and expense of the contractor.
(i) The contractor shall conform to the provisions of any Act of the Legislature relating to the works, and
to the Regulations and Bye-Laws of any authority, and of any water, lighting and other companies
and/or Authorities with whose system the structure is proposed to be connected, and shall, before
making any variations from the drawings or specifications that may be necessitated by so
conforming, give to the Architect written notice, specifying the variation proposed / made and the
reason for making it, and apply for instructions there on. In case the contractor shall not within five
days receive such instructions, he shall proceed with the work, conforming to the provisions,
regulations, or Bye/Laws in question, and any variation so necessitated shall be dealt.
(ii) The contractor shall bring to the attention of the Architect all notices required by the said Acts,
Regulations or Bye-Laws to be given to any Authority and pay to such Authority, or to any Public
Office all fees that may be properly chargeable in respect of the works and lodge the receipts with the
Architect / Employer.
(iii) The contractor shall indemnify the Employer against all claims in respect of patent rights, and shall
defend all actions arising from such claims, and shall himself pay all royalties, license fees, damage,
costs & charges of all and every sort that may be legally incurred in respect thereof.
(ii) No nominated Sub-Contractor shall be employed on, in connection with the works against whom the
contractor shall make reasonable objection or (save where the Employer and the Contractor shall
otherwise agree) who will not enter into a contract provided.
a) That the nominated sub-contractor shall indemnify the contractor against claims in respect of any
negligence by the Sub-Contractor, his servants or agents or any misuse by him or them of any
scaffolding or other plant and property of the contractor or under any workmen's compensation
act in force.
b) Payment shall be made to the nominated subcontractor within fourteen days of his receipt of the
Architect's certificate provided that before any certificate is issued the contractor shall upon
request furnish to the Architect, proof that all nominated sub-contractor's accounts included in
previous certificates have been duly discharged, in default whereof the Employer may pay the
same upon a certificate of the Architect and deduct the amount thereof from any sums due to the
contractor. The exercise of this power shall not create privity of contract as between Employer
and sub-contractor.
In the event of any such damage, loss or injury happening from any of the excepted risks, the
contractor shall if and to the extent required by the Architect, repair and make good the same as
aforesaid at the cost of the employer,
The contractor is also liable for any damage caused to the works occasioned by him in the course of
any operations carried out by him in the course of any operations carried out by him for the purpose
of complying with his obligations under clause .
a] CONTRACTORS ALL RISK INSURANCE POLICY covering loss or damage due to fire, lightning,
collapse, defective workmanship and/or materials, flood, storm, theft, burglary, malicious damage,
subsidence, riots, etc.
b] Third Party Liability
c] Workmen's Compensation in accordance with latest, revised statutory provision;
d] Contractors tools, tackles and machinery;
e] All risks to materials during transit;
f] Any other Insurance required for fully indemnifying the Employer from any claim that may arise on
account of the Contractors' operations at site.
g] Sub-contractors are covered under insurance.
h] Insurance on materials supplied by client and dumped on site.
i] Personnel from client side, visiting consultants and their personnel shall be covered under the
insurance.
j] This insurance shall be for the entire period of the contract and valid till the work completion
certificate is issued.
k] All documents pertaining to insurance shall be submitted to the employer with full details including
dates of renewal.
ii) If within a reasonable time from the commencement of the works the contractor shall fail to effect and
keep in force the Insurance or any other Insurance he may be required to effect under the terms of
the contract, then the Employer may effect and keep in force any such Insurance and pay such
premium or premiums as may be necessary for that purpose and deduct the same from time to time
from the monies due or which may become due to the contractor in the manner laid down .
(ii) The contractor shall provide pure drinking or potable water facilities to the workers.
(iii) The Contractor shall pay fair and reasonable wages to workmen, employed by him in the contract
undertaken by him. In the event of any dispute arising between the contractor and his workmen on
the ground that the wages paid are not fair and reasonable, the dispute shall be referred without
delay to the Employer who shall decide the same. The decision shall not in any way affect the
conditions in the contract regarding the payment to be made by the Employer at the accepted Tender
Rates.
(iv) The contractor shall comply with provisions of the Payment of Wages Act, 1936, minimum Wages Act
1948, Employees Liability Act 1938, Workmen's Compensation Act, 1923, Industrial Disputes Act,
1947, the contract Labour Regulation and Abolition Act, 1970, or any modifications thereof or any
other law relating thereto and rules made thereunder from time to time.
(v) The contractor shall indemnify the employer against any payment to be made under the Acts for the
observance of the Regulations aforesaid without prejudice to his right to claim indemnity from his
sub-contractors.
(vi) The contractor shall be responsible for and shall pay any compensation to his own workmen under
the Workmen's Compensation Act 1923 (VIII) of 1923, (hereinafter called "The said Act") for injuries
caused to the workmen. If such compensation is paid by the Employer as Principal under Sub-
section (i) of section 12 of the said Act on behalf of the Contractor under Sub-Section 2) of the said
section. Such compensation shall be recovered in the manner laid down .
(vii) The Contractor shall be responsible for and shall pay the expense for providing medical aid to any
workmen whom may suffer a bodily injury as a result of an accident. If the Employer incurs such
expenses, the same shall be recoverable from the Contractor forthwith and be deducted without
prejudice to any other remedy by the Employer from any amount due or that may become due to the
Contractor.
(viii) The Contractor shall provide all personal safety equipment and first aid and apparatus for the
persons employed on the site and maintain the same in good condition suitable for immediate use at
any time.
(ix) The contractor shall not engage labours that are aged below 16 years.
2.2.26 Nuisance
(i) The Contractor shall not at any time, do, cause or permit any nuisance on the site or do anything
which shall cause unnecessary disturbance or inconvenience to Employers, tenants, or occupants of
other properties near the site of work and to the public generally.
(ii) The contractor shall indemnify the Employer in respect of all claims, demands, proceedings,
damages, costs, charges and expenses whatsoever arising out of or in relation to any such nuisance
in so far as the Contractor is responsible thereof.
The Item Rates shall also include costs towards barricades etc if required that may have to be
erected as per statutory authorities directions &/or as directed by the Employer/ Architect. Nothing
extra shall be paid on this account.
Contractor shall consider all Basic Rates mentioned in the tender document for quoting the item
rates. The Basic Rate shall include the rate at which the specified material will be purchased and
delivered at site including all cost, various taxes and duties. Contractor shall mention basic rates of
materials which are not mentioned in the tender document
The Item Rates quoted by the contractor shall remain constant till the completion of all works,
provided the Basic Rates remain unchanged. The variation in the Basic Rate (both the up ward and
down ward) will be accommodated by Modified Item Rates brought to the notice before the execution
of such affected items by submitting the modified rate analysis to the consultants for their approval. If
client provides any material, the Basic Rate as quoted for such item will be deducted from contractors
Quoted Item Rate for working out Modified Item Rate.
The Consulting Architect’s decision on the finalization of rates for any such new, extra, substituted,
modified items shall be final and binding.
2.2.30 Advances
Mobilization Advance
Mobilization advance of 10% the total negotiated cost of works may be paid against the Bank
Guarantee and on submission of an undertaking in an approved form to return the amount in the
event of termination of contract or cancellation of the project for any reason. The mobilization
advance will be recovered from each running account bill on pro-rata basis.
The retention money will be recovered from interim bills at the rate of 5% of gross value of works
done. In case of termination of contract the retention money shall be forfeited under this contract.
On completion and during final certification the Consulting Architect may consider certifying to return
up to 50% of the retention money; only if he thinks that the balance of the retention money is
sufficient security for the defects liability period.
The retention money will be interest free and will be returned to the contractor on satisfactorily
rectifying all the defects found during the defects liability period.
ii) And when the works have been virtually completed and the Architect shall have certified in writing
that they have been completed, the contractor shall be paid by the employer in accordance with the
certificate to be issued by the Architect the sum of money named in the Appendix as "Installment
after virtual completion" being a part of the said Total Retention Money and the Contractor shall be
entitled to the payment of the final balance in accordance with the final certificate to be issued in
writing by the Architect at the expiration of the period referred to as "The Defects Liability Period" in
the Appendix here to from the date of virtual completion or as soon after the expiration of such period
as the works shall have been finally completed and all defects made good according to the true intent
and meaning hereof which ever shall last happen, provided always that the issue by the Architect of
any certificate during the progress of the works or at or after their completion shall not relieve the
contractor of his liability under Clause 2.2.2 and 2.2.4, nor absolve the contractor of his liabilities in
cases of fraud, dishonesty, or to any matter dealt with in the certificate in case of all defects and
insufficiencies in the works or materials which a reasonable examination would not have disclosed.
No certificate is evidence that any works or materials to which it relates are in accordance with the
contract. The Employer will not be liable to pay to the contractor any interest on the amount so
retained by him.
(iii) The Architect and/or Employer shall have power to withhold any certificate if the works or any parts
thereof are not being carried out to their satisfaction.
(iv) The Architect may by any Certificate make any correction in any previous certificate that shall have
been issued by him.
(v) Payments upon the Architect's Certificate shall be made within 7 (seven) working days after
certificates has been delivered to the Employer.
(vi) Whenever any claim for the payment of a sum of money to the Employer arises out of or under this
contract against the Contractor, the same may be deducted by the Employer from any sum then due
or which at any time thereafter may become due to the contractor, under this contract, or failing that
under any other contract with the Employer or from any other sum due to the Contractor from the
Employer or from his retention money, or he shall pay the claim on demand.
(vii) Architect may certify an adhoc payment up to 75% of the Running Account bill within four days of the
submission of the bill to him if he is satisfied with the works executed by the contractor at site. This
adhoc payment shall be adjusted during certifying the relevant Running account bill. The Architect
reserves the right to certify the adhoc payment against the running account bill.
The unit rates of extra items shall be generally worked out on the basis of cost of materials including
taxes & transportation + labor + 20% as overheads and profits + Goods & Service tax as applicable.
(ii) While all efforts will be made to finalize the rates before the extra item of work is ordered, the
Contractor shall not stop the work on account of non-finalization of the rates.
accepted as having been completed fully in accordance with the sanctioned specifications. In cases
where the items of works are not accepted as so completed, the Architect may certify payment on
account of such items at such reduced rates as he may consider reasonable in either preparation of
final or on account bills.
If the Employer deems it inexpedient to correct work which has been damaged or not done in
accordance with the contract, the Employer reserves the right to make equitable deductions from
contract prices against such work.
Employers or public authorities arising otherwise than through the Contractor's own default or
d) By the works or delays of other contractors or tradesmen engaged or nominated by the employer
or the Architect and not referred to in the schedule of quantities or
e) By reason of civil commotion, local combination of workmen on strike or lockout affecting any of
the building traders or
f) in the consequence of the contractor not having received in due time the necessary instructions
from the Architect for which he shall have specifically applied for in writing, the Architect in
consultation with the Employer shall make a fair and reasonable extension of time for completion of
the contract works. In case of such strike as may be given written notice thereof to the Architect, the
Contractor shall nevertheless constantly use his endeavors to prevent delay and shall do all that may
reasonably be required to the satisfaction of the Architect to proceed with work. The Contractor shall
not be entitled to any compensation for escalation on this account.
(i) If at any time after the execution of the contract documents, the Employer shall for any reason
whatsoever require the whole or any part of the work, as specified in the tender to be stopped for any
period or shall not require the whole or part of the work to be carried out at all, he shall give notice in
writing of the fact to the contractor who shall thereupon suspend or stop the work totally or partially
as the case may be. In any such case, except as provided hereunder the contractor shall have no
claim to any payment of compensation whatsoever on account of any profit or advantage which he
might have derived from the execution of the work in full but which he did not so derive in
consequence of the full amount of work not having been carried out, or on account of any loss he
may be put to on account of materials purchased or agreed to be purchased after issue of such
notice or for unemployment of labour recruited by him. He shall not have any claim for compensation
by reason of any alterations having been made in the original specifications, drawings, designs or
instructions which may involve any curtailment of the work as originally contemplated.
(ii) Where, however, materials have already been purchased or agreed to be purchased by the
Contractor before receipt by him of the said notice, the contractor shall be paid for such materials at
the rate determined by the employer provided, they are not in excess of requirements and are of
approved quality and / or shall be compensated for the loss if any, that he may be put to in respect of
materials agreed to be purchased by him, the amount of such compensation to be determined by the
employer whose decision shall be final and binding.
iii) Any substantial part of the permanent works that has been both completed to the satisfaction of the
Architect, and occupied or used by the Employer.
(iv) If any part of the Permanent Works shall have been substantially completed and shall have
satisfactorily passed any final test that may be prescribed by the contract, the Architect may issue a
Certificate of completion in respect of that part of Permanent 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 part of the works during the period of maintenance.
(v) Provided always that a Certificate of Completion given in respect of any section or part of the
Permanent Works before completion of the whole shall not be deemed to certify completion of any
ground or surfaces requiring reinstatement, unless such certificate shall expressly so state.
against it or pass an effective resolution for winding up voluntarily or subject to the Liquidator in such
acts of Insolvency or winding up shall be liable within seven days after notice to him requiring him to
do so to show to the reasonable satisfaction of the Employer that he is able to carry out and fulfill the
contract, and to give security thereof, if so required by the Employer.
(ii) Or if the Contractor (whether an individual Firm of Incorporated Company) shall suffer execution to
be issued.
(iii) Or shall suffer any payment under this contract to be attached by or on behalf of any of the creditors
of the Contractor.
(iv) Or shall assign or sublet this contract without the consent in writing of the Employer first obtained.
(v) Or shall charge or encumber this contract or any payments due or which may become due to the
Contractor thereunder.
(vi) Or if the Architect shall certify in writing to the Employer that the Contractor -
a] Has failed to commence the works, or has without any lawful excuse under these conditions
suspended the progress of the works for ten days after receiving from the Architect written notice to
proceed, or
b] Has failed to proceed with the works with such diligence and failed to make such due progress as
would enable the works to be completed within the time agreed upon, or
c] Has failed to remove materials from the site or to pull down and replace the work for five days after
receiving from the Architect written notice that the said materials or work were condemned / rejected
by the Architect under these conditions, or
d] Has neglected or failed persistently to observe and perform all or any of the acts, matters or things
by this contract to be observed and performed by the Contractor for five days after written notice shall
have been given to the Contractor requiring the Contractor to observe or perform the same, or
e] Has to the detriment of good workmanship or in defiance of the Architect's instructions to the
contrary sublet any part of the Contract.
Then and in such of the said cases the Employer in consultation with the Architect may
notwithstanding any previous waiver, after giving seven days notice in writing and without affecting
the powers of the Architect or the obligations and liabilities of the contract the whole of which shall
continue in force as fully as if the works subsequently executed by or on behalf of the Contractor.
And further, the Employer in consultation with the Architect, may enter upon and take possession of
the works and all plant, tools, scaffoldings, sheds, machinery and other power utensils and materials
lying upon the premises or adjoining lands or roads, and use the same by means of his own servants
and workmen in carrying on and completing the works or by employing any other Contractors or
other person or persons to complete the works, and the Contractor shall not in any way interrupt or
do any act, matter or thing to prevent or hinder such other Contractor or other person or persons
employed for completing and finishing or using the materials and plant for the works. When the works
be completed or as soon thereafter as convenient the Architect shall give a notice in writing to the
Contractor to remove his surplus materials and plant, and should the Contractor fail to do so within a
period of ten days after receipt thereof by him, the employer shall sell the same by public auction,
and shall give credit to the contractor for the amount realized after deducting expenses. The Architect
shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due or
payable to or by the Employer for the value of the said plant and materials so taken possession of by
the Employer and the expenses or loss which the Employer shall have been put to in producing the
works to be completed, and the amount which shall be so certified shall there upon be paid by the
Employer to the Contractor or by the Contractor to the Employer, as the case may be, and the
certificate of the Architect shall be final and conclusive between the parties.
(ii) In arriving at the amount of such payment the net rates contained in the Contractor's original tender
shall be followed, or where the same may not apply, valuation shall be made in accordance .
may become due to the contractor provided always that the employer or the
Architect/Employer/PMC's representative (as the case may be) shall as soon after the occurrence of
any such emergency as may be reasonable practicable notify the contractor thereof in writing.
The complete job also means & includes uncovering and cleaning of all surfaces, grooves, nooks and
corners, redoing properly the damaged surfaces, cleaning of taps, bottle traps, floor traps, gully
traps, inspection chambers, flushing systems, leakage, fall-outs of cement mortar, gums and
adhesives, paints and polish etc. Cleaning of switchboards, light fittings and satisfactory
commissioning of all works and parts. All the surfaces should be washed, vacuum cleaned, polished,
dusted thoroughly as applicable and appropriate.
Care should be taken for not disturbing / damaging the works of other agencies as well as furniture,
fittings and any fixtures, gadgets etc. brought by the client for installation at site. Any such damage
should be made good at the contractor’s own cost, as per the direction of Consulting Architect.