Clause ObligatiOn COmment

Not to assign the whole or any part of the Contract or any benefit in or under the
1.7 Assignment Contract without the prior agreement of the other Party. (There is an exception to
allow assignment of the right to any moneys due to a bank or financial institution)

Contractor to supply 6 copies of each Contractor Document

Contractor to keep on Site copy of Contract, publications named in Specification,

1.8 Care and Supply of
Contractor’s Documents, Drawings, Variations and other communications
Documents
Employer’s Personnel to be given access to such documents

Contractor to give notice to Employer of any defect in documents of a technical nature

Contractor to give notice to the Engineer whenever the Works are likely to be delayed
1.9 Delayed Drawings or
or disrupted if any necessary drawing or instruction is not issued within a particular
Instructions
reasonable time.
1.11 Contractor’s use of Contractor not to copy, use communicate Employer’s Documents to third parties
Employer’s Documents except as necessary for the Contract.

This right may be very valuable to the Employer or

Engineer when dealing with claims or disputes. The
Contractor to disclose confidential and other information as the Engineer may Contractor may prefer the Engineer or Employer not
1.12 Confidential Details
reasonably require in order to verify its compliance with the Contract. to see this information but the Engineer or
Employer can use the Notice to Correct procedure
to insist on compliance.

1.13 Compliance with Laws Contractor shall in performing the Contract comply with applicable Laws
Contractor shall give all notices, pay all taxes, duties and fees and obtain all permits,
1.13(b)
licenses and approvals
If Contractor is a joint venture or consortium or other grouping, they shall notify
1.14 (b) Joint and Several
Employer of their leader
Liability
The leader shall have authority to bind the Contractor
If Contractor is a joint venture, consortium or other grouping it shall not alter its
1.14(c)
composition or legal status without prior consent of the Employer
Contractor shall comply with instructions given by the Engineer or delegated assistant
3.3 Instructions of Engineer
on any matter related to the Contract

Design to the extent specified in the Contract

Execute the Works in accordance with the Contract and the Engineer’s Instructions

Complete the Works in accordance with the Contract and the Engineer’s Instructions

Provide the Plant specified in the Contract

Provide the Contractor’s Documents specified in the Contract
Provide all Contractor’s Personnel required in and for the design, execution,
completion and remedying of defects
Provide all Goods required in and for the design, execution, completion and
remedying of defects
Provide all consumables required in and for the design, execution, completion and
remedying of defects
Provide all other things and services required in and for the design, execution,
completion and remedying of defects
Contractor is responsible for the adequacy of all Site operations
Contractor is responsible for the stability of all Site operations
4.1 Contractor's General
Contractor is responsible for the safety of all Site operations
Obligation
Contractor is responsible for the adequacy of all methods of construction
Contractor is responsible for the stability of all methods of construction
Contractor is responsible for the safety of all methods of construction
Contractor is responsible for all Contractor’s Documents
Contractor is responsible for Temporary Works
Contractor is responsible for such design of each item of Plant as is required for the
Limited by, S.C: (17.3 - g)
item to be in accordance with the Contract
Contractor is responsible for such design of each item of Materials as is required for
Limited by, S.C: (17.3 - g)
the item to be in accordance with the Contract

Contractor shall, whenever required by the Engineer, submit details of the

arrangements which the Contractor proposes to adopt for the execution of the Works

Contractor shall, whenever required by the Engineer, submit details of the methods
which the Contractor proposes to adopt for the execution of the Works

Contractor shall not make significant alteration to arrangements or methods which it

proposes to adopt for the execution of the Works without having previously notified Notification not approval
this to the Engineer.

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 Clause ObligatiOn COmment
If the Contract specifies that the Contractor shall design any part of the Permanent
4.1(a) Works then the Contractor shall submit to the Engineer the required Contractor’s
documents in accordance with the Contract procedures
The Contractor’s Documents shall be in accordance with the Specification
The Contractor’s Documents shall be in accordance with the Drawings
4.1(b) The Contractor’s Documents shall be in the language of the Contract
The Contractor’s Documents shall include additional information required by the
Engineer to add to the Drawings for co-ordination of each Party’s designs.
Any part designed by the Contractor shall when the Works are completed be fit for
4.1(c)
purpose
Prior to Tests on Completion Contractor shall submit “as-built” documents and
operation and maintenance manuals which are both in accordance with the
4.1(d)
Specification and in sufficient detail for the Employer to operate, maintain, dismantle,
reassemble adjust and repair this part of the Works.
Subject to termination without Notice to Correct,
4.2 Performance Security Separate provision (not necessary to consider as subject to notice to correct)
S.C: (15.2 - a)

Contractor to appoint Contractor’s Representative

Contractor to give Contractor’s Representative all authority necessary to act on the

Contractor’s behalf under the Contract
Contractor shall provide full particulars of Contractor’s Representative
Contractor shall provide full particulars of new Contractor’s Representative if original
is not approved or fails to act as Contractor's Representative.
4.3 Contractor's
Contractor shall not revoke appointment of Contractor's Representative or appoint
Representative
new one without Engineer’s consent
The whole time of the Contractor’s Representative shall be given to directing the
Very easy to be breached
Contractor’s performance of the Contract.
A suitable person to replace Contractor's Representative in his absence subject to
Engineer’s consent and with notice to the Engineer

The Contractor's Representative shall be fluent in the language of the Contract

4.4 Not to Sub-contract the

The Contractor shall not subcontract the whole of the Works
Whole of the Works
The Engineer’s prior consent shall be obtained for proposed Subcontractor’s not
4.4(b)
named in the Contract
Contractor shall give Engineer at least 28 days’ notice of the intended date of
commencement of each Subcontractor’s work
Contractor shall give Engineer notice of commencement of each Subcontractor’s work
4.4(c)
on the Site
Each Subcontract shall include provisions which would entitle the Employer to require
the Subcontract to be assigned to the Employer
The Contractor shall as be specified in the Contract allow appropriate opportunities
(including use of Contractor’s Equipment, Temporary Works or access arrangements)
for carrying out work to the Employer’s Personnel

The Contractor shall as be specified in the Contract allow appropriate opportunities for
carrying out work (including use of Contractor’s Equipment, Temporary Works or If they not specified in the contract, will constitute
access arrangements) to any other Contractors employed by the Employer VO.
4.6 Cooperation
The Contractor shall as be specified in the Contract allow appropriate opportunities
(including use of Contractor’s Equipment, Temporary Works or access arrangements)
for carrying out work to the personnel of any legally constituted public authorities.

If the Employer is required to give the Contractor access in accordance with

Contractor’s Documents the Contractor shall submit such documents to the Engineer
in accordance with the Specification
The Contractor shall set out the Works in relation to the original points lines and levels
of reference specified in the Contract or notified by the Engineer.

The Employer responsible for errors at its risk,

Contractor responsible for correctness and 20.1
4.7 Setting Out The Contractor shall be responsible for the correct positioning of all parts of the Works
may apply. The Contractor shall use reasonable
efforts to verify their accuracy before they are used.

The Contractor shall be responsible for the rectification or any error in the positions,
levels, dimensions or alignment of the Works.
4.8 Safety Procedures
The Contractor shall comply with all applicable safety regulations
4.8 (a)

4.8(b) The Contractor shall take care for the safety of all persons entitled to be on the Site

The Contractor shall use reasonable efforts to keep the Site and Works clear of
4.8(c)
unnecessary obstruction so as to avoid danger
4.8(d) Provide fencing, lighting, guarding and watching of the Works
Provide any Temporary Works which may be necessary for the use and protection of
4.8(e)
the public
The Contractor shall institute a quality assurance system in accordance with the
Contract.
4.9 Quality Assurance Details of all procedures and compliance documents shall be submitted to the
Engineer before each design and execution stage.
All documents shall show Contractor’s approval

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 Clause ObligatiOn COmment
Contractor to give notice where he encounters adverse physical conditions which he
considers to have been Unforeseeable
4.12 Unforeseeable Physical
Contractor to continue executing theWorks after encountering physical conditions
Conditions
Contractor shall comply with instructions of Engineer relevant to Unforeseeable
physical conditions
The Contractor shall obtain any additional facilities outside the Site which he may
4.13 Rights of Way and require for the purpose of the Works
Facilities The Contractor shall bear all costs and charges for special and/or temporary rights-of-
way
Contractor shall not interfere unnecessarily or improperly with the convenience of the
public
4.14 Avoidance of interference
Contractor shall not interfere unnecessarily or improperly with access to and use and
occupation of all roads and footpaths
The Contractor shall use reasonable efforts to prevent any road or bridge from being
damaged by the Contractor’s traffic or the Contractor’s Personnel.
The Contractor shall be responsible for any maintenance which may be required for
his use of access routes
4.15 Access Route
The Contractor shall provide all necessary signs or directions along access routes

The Contractor shall obtain any permission required from relevant authorities for use
of access, signs or directions
Contractor shall give Engineer not less than 21 days’ notice of the date on which any
4.16 Transport of Goods
Plant or a major item of other Goods will be delivered to the Site.

This is an interpretation of the Clause which in fact

Contractor’s Equipment on Site shall be used exclusively for execution of the Works says: Contractor’s Equipment shall be deemed to be
4.17 Contractor’s Equipment exclusively intended for execution of the Works.

Contractor shall not remove from the Site any major items of the Contractor’s
Equipment without the consent of the Engineer.
Contractor shall take all reasonable steps to protect the environment both on and off
the Site

Contractor shall take all reasonable steps to limit damage and nuisance to people and
property resulting from pollution, noise and other results of his operations.
4.18 Protection of the
Environment Contractor shall ensure that emissions, surface discharges and effluent from the
Contractor’s activities shall not exceed the values indicated in the Specifications

Contractor shall ensure that emissions, surface discharges and effluent from the
Contractor’s activities shall not exceed the values prescribed by Applicable Laws.

Contractor shall provide any apparatus necessary for his use of electricity water and
4.19 Electricity, Water and gas
gas and for measuring the quantities used.

4.20 Employer’s Equipment The free issue materials shall come under the care custody and control of the
and Free-issue Material Contractor.

Unless otherwise provided monthly progress reports shall be submitted by the

Contractor to the Engineer in six copies
Each report shall be submitted within 7 days of the last day of the period to which it
relates.
Each report shall include:
(a) charts and detailed descriptions of progress, including each stage of design (if any),
Contractor’s Documents, procurement, manufacture, delivery to Site, construction,
erection and testing; and including these stages for work by each nominated
Subcontractor (as defined in Clause 5 [Nominated Subcontractors]),

(b) photographs showing the status of manufacture and of progress on the Site;
(c) for the manufacture of each main item of Plant and Materials, the name of the
manufacturer, manufacture location, percentage progress, and the actual or expected
dates of:
4.21 Progress Reports
(I) commencement of manufacture,
(ii) Contractor’s inspections,
(iii) tests, and
(iv) shipment and arrival at the Site;
(d) the details described in Sub- Clause 6.10 [Records of Contractor’s Personnel and
Equipment ];
(e) copies of quality assurance documents, test results and certificates of Materials;
(f) list of notices given under Sub- Clause 2.5 [Employer’s Claims ] and notices given
under Sub-Clause 20.1 [Contractor’s Claims ];
(g) safety statistics, including details of any hazardous incidents and activities relating
to environmental aspects and public relations; and
(h) comparisons of actual and planned progress, with details of any events or
circumstances which may jeopardize the completion in accordance with the Contract,
and the measures being (or to be) adopted to overcome delays.

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 Clause ObligatiOn COmment
Authorised persons shall be limited to the
Contractor's Personnel and the Employer's
Personnel: and to any other personnel notified to
4.22 Security of the Site Contractor shall keep unauthorized persons off the Site
the Contractor. by the Employer or the Engineer. as
authorised personnel of the Employer"s other
contractors on the Site.

Contractor shall confine operations to Site and additional agreed areas

Contractor shall take all necessary precautions to keep Contractor’s Equipment and
Contractor’s Personnel within the Site and additional agreed areas.
4.23 Contractor’s Operations Contractor shall take all necessary precautions to keep Contractor’s Equipment and
on Site Contractor’s Personnel off adjacent land.
Contractor shall keep Site free from unnecessary obstruction

Contractor shall store or dispose of Contractor’s Equipment or surplus materials

Contractor shall clear away from and remove from the Site any wreckage, rubbish and
Temporary Works no longer required.
All fossils, coins, articles of value or antiquity and structures and other remains or
items of geological or archaeological interest found on Site shall be placed under due
4.24 Fossils
care and authority of the Employer
On finding any such items Contractor shall promptly notify Engineer

5.3 Payments to Nominated Contractor shall pay to the Nominated Subcontractor the amounts which the Engineer
Sub-Contractor’s certifies

If Engineer requests Contractor to supply evidence that Nominated Subcontractor has

received all amounts due, Contractor shall submit this evidence or provide evidence
5.4 Evidence of Payments
that the Contractor has the right to withhold the amounts and the Subcontractor has
been so notified.

Contractor shall pay rates and observe conditions of labour which are not lower than
those established for the trade or industry where the work is carried out.
6.2 Rates of Wages and
Conditions of Labor If no rates established Contractor shall pay rates and observe conditions of labour
which are not lower than the general level of wages and conditions observed locally by
employers whose trade or industry is similar to that of the Contractor.

6.3 Persons in the Service of Contractor shall not recruit or attempt to recruit staff and labour from amongst the
the Employer Employer’s Personnel
Contractor shall comply with all relevant labour laws including employment, health,
safety, welfare, immigration and emigration in relation to own and Subcontractor
6.4 Labor Laws employees
Contractor shall require employees and subcontractor employees to obey all
applicable laws including safety laws.
No work on Site on local holidays or outside working hours in Appendix to Tender
6.5 Working Hours
unless otherwise stated in Contract, agreed, or emergency.
Contractor to provide and maintain all necessary accommodation and welfare facilities
6.6 Facilities for Staff and for own staff and as specified for Employer’s Personnel.
Labor Contractor shall not permit personnel to live within structures forming part of the
Permanent Works
Contractor shall at all times take all reasonable precautions to maintain the health and
safety of Contractor’s Personnel
Contractor shall ensure medical staff, first aid facilities, sick bay and ambulance
services available at all times
Contractor shall ensure that suitable arrangements are made for all necessary welfare
and hygiene requirements and the prevention of epidemics
6.7 Health and Safety The Royal Society for prevention of Accidents
Contractor shall Appoint qualified and empowered accident prevention officer suggests that a Diploma is the required minimum
level of qualification.

Contractor shall send details of all accidents to Engineer as soon as practicable

Contractor shall maintain records and make reports regarding health, safety and
welfare of persons and damage to property as required by the Engineer.
Contractor shall provide all necessary superintendence to plan, arrange, direct
manage, inspect and test the Work.
6.8 Contractor’s
Superintendence personnel shall have good knowledge of language of the contract
Superintendence
and of the operations to be carried out for the safe and satisfactory execution of the
Works.
Shall be appropriately qualified skilled and experienced

If required by Engineer will remove any person who persists in misconduct or lack of
6.9 Contractor’s Personnel care; carries out duties incompetently or negligently; fails to conform with Contract;
persists in conduct prejudicial to safety, health or the protection of the environment.

Contractor will replace person removed.

6.10 Records of Contractor’s

Contractor shall monthly submit to Engineer records of personnel and equipment
Personnel and Equipment

Contractor shall take reasonable precautions to prevent unlawful, riotous or disorderly

6.11 Disorderly Conduct conduct by its personnel and to preserve peace and the protection of persons and
property on and near the Site.

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 Clause ObligatiOn COmment
Manufacture of Plant, production and manufacture of Materials and execution of the
Works to be in manner required by Contract
Manufacture of Plant, production and manufacture of Materials and execution of the
7.1 Manner of Execution Works to be in a proper workman like and careful manner

Manufacture of Plant, production and manufacture of Materials and execution of the

Works to be with properly equipped facilities and non-hazardous Materials

Contractor to give Employer’s Personnel full access and protection

Contractor to give notice before work is covered up
7.3 Inspection
If Contractor has not given such notice he shall, at request, uncover to allow inspection

Contractor to provide all necessary equipment and staff

7.4 Testing Contractor shall agree time and place of testing with Engineer
Contractor shall promptly forward results to Engineer

7.5 Rejection If the Engineer rejects anything, the Contractor shall properly make good the defect.

Related to Works not in accordance with the

7.6 Remedial Work Even if Work not rejected, Engineer can require that it be repaired.
Contract
Contractor shall commence the Works as soon as reasonably practicable after the
Commencement Date.
8.1 Commencement of Works
Contractor will proceed with the Works with due expedition and without delay

Contractor to complete the whole of the Works and each Section within the Time for
8.2 Time for Completion
Completion
Contractor shall submit a detailed time programmed within 28 days after notice of
Commencement

Contractor shall submit a revised programmed whenever the previous programmed is

inconsistent with actual progress or with Contractor’s obligations.

Content of the Programmed will include the following:

(a) the order in which the Contractor intends to carry out the Works, including the
anticipated timing of each stage of design (if any), Contractor’s Documents,
procurement, manufacture of Plant, delivery to Site, construction, erection and testing,
(b) each of these stages for work by each nominated Subcontractor (as defined in
Clause 5 [Nominated Subcontractors ]),
(c) the sequence and timing of inspections and tests specified in the Contract, and
(d) a supporting report which includes:
(I) a general description of the methods which the Contractor intends to adopt, and of
8.3 Programmed the major stages, in the execution of the Works, and
(ii) details showing the Contractor’s reasonable estimate of the number of each class
of Contractor’s Personnel and of each type of Contractor’s Equipment, required on the
Site for each major stage.

The Contractor shall proceed in accordance with the programme Neither faster nor slower than currently programme

Contractor shall promptly give notice to the Engineer of specific probable future
events or circumstances which may adversely affect the work
Contractor shall promptly give notice to the Engineer of specific probable future
events or circumstances which may increase the Contract Price
Contractor shall promptly give notice to the Engineer of specific probable future
events or circumstances which may delay the execution of the Works
Contractor will at the Engineer’s request submit an estimate of the anticipated effect
of the future event or circumstances or a Variation proposal
Contractor shall submit a revised programme if the Engineer gives notice that a
programme fails to comply with the Contract or to be consistent with actual and the
Contractor’s stated intentions

Where progress will not achieve Time for Completion or is behind programmed,
Engineer may instruct Contractor to submit revised programmed and method
8.6 Rate of Progress
statement to expedite progress and complete within time

Contractor shall adopt revised methods

If so, instructed by the Engineer, the Contractor shall suspend progress on all or part of
the Works
8.8 Suspension of Work
Where work is suspended on instructions of Engineer the Contractor shall protect
store and secure the Works

9.1 Tests on Completion Various obligations not dealt with here as unlikely to be relevant to termination
Unlikely to be relevant to termination , as the works
already supposed to be completed but state the
10 Employer’s Taking Over Various obligations not dealt with here as unlikely to be relevant to termination
obligation

11 Defects Liability Various obligations not dealt with here as unlikely to be relevant to termination

Contractor’s representative shall, on notice from the Engineer, assist in making the
measurement and supply any particulars requested.
12.1 Works to be Measured Contractor shall attend to examine and agree records.
If Contractor does not agree shall give notice of respect in which records are asserted
to be inaccurate

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 Clause ObligatiOn COmment
Contractor shall execute and be bound by each Variation unless it promptly gives
notice that it cannot readily obtain the Goods required for the Variation.
13.1 Right to Vary
Contractor shall not make any alteration and/or modification of the Permanent Works
unless and until the Engineer instructs or approves a Variation.

If Engineer requests a variation proposal Contractor shall respond as soon as

practicable
If Contractor can comply the following details shall be included: Description of work to
13.3 Variation Procedure
be performed and a programmed Proposed modification to the programmed Proposal
for evaluation of the Variation
Contractor must acknowledge receipt of Variation
Contractor shall when required produce quotations, invoices, vouchers and accounts
13.5 Provisional Sums
or receipts
Contractor shall when required produce quotations, invoices, vouchers and accounts
or receipts for any Goods
Contractor shall deliver accurate statements daily including names of Personnel,
13.6 Daywork
details of Equipment and Temporary Works and quantities and types of Plant and
Materials used. After agreement the Contractor will submit priced statements of these
resources.
14.1 Contract Price
14.1(b) Pay Taxes Contractor shall pay all taxes, duties and fees required to be paid by him
Contractor shall submit within 28 days of Commencement Date a proposed
14.1(d)
breakdown of each lump sum price.
Contractor will take full responsibility for the care of the Works and Goods during
17.2 Contractor’s Care of the
carrying out of the Works except as per Employer’s risks
Works
During this period the Contractor will rectify loss or damage
If any loss or damage occurs as a result of Employer’s risk the Contractor shall
17.4 Consequences of promptly give notice to the Employer
Employer’s Risk If any loss or damage occurs as a result of Employer’s risk the Contractor shall rectify
this loss or damage to the extent required by the Engineer.
Contractor shall obtain insurance for matters which it is required to insure, maintain
18 Insurance that insurance and not do anything which might prevent the insurance being
enforceable.
Contractor shall keep such contemporary records as may be necessary to substantiate
any claim and shall permit the Engineer to inspect such records.
Within 42 days after the Contractor became aware (or should have become aware) of
the event or circumstance giving rise to the Claim, or within an agreed extended
20.1 Contractor’s Claims period, the Contractor shall provide a fully detailed claim.
Subsequently the Contractor shall send further interim claims at monthly intervals
Claims with continuing effect
including such further particulars as the Engineer requires.
The final claim shall be submitted within 28 days of the end of the effects resulting
Claims with continuing effect
from the event or circumstances or as agreed.
Unless the Contractor gives a notice of dissatisfaction within 28 days the decision is
20.4 and 20.7 DAB decision
final and binding
Where a notice of dissatisfaction has been given both parties shall attempt to settle
20.5 Amicable Settlement
the dispute amicably.

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