Oman Standard Conditions

8/3/2019 Oman Standard Conditions

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SUL1ANXfE OF OMAN

STANDARD DOCUMENTSfor

BUILDINGand

CIVIL ENG INEERINGWORKS

TJ! I lW EJ) IT ! oNJU LY 1981


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SHORT DESCRlPTION OF WORKS

FORM OF TENDER(Notes: - The Appendix forms part of the Tender. Tenderers are required to fill up all the blank specee

in this Form of Tender and Appendix).To:

Gan tlemen.1. Having examined the Instructions to Tenderets, Drawings, Standard Conditions of Contra=t,.Specification and Bill of Quantities for the execution of the above-named Works, we, the undersigned,offer to execute, ccmp1ete end maintain the whole of the said Works in conformity with the said Instruc-tions, Drawings, Standard Conditions of Contract, Specification, and Bill of Quantities Sche:iules ofRateS'< for th e sum of Rials Omani. . . . . . . . . . . . . . . , . . . . . . _ . . . . . . , . . . . . . . . . .(RD , ) or such other sum as may be ascertained in ao::ordance with the saidConditions.2. We undertake ifour Tender is eccepted to commence the Works within .... days oi receipt of theEnqineer's order to commence, and [0 complete and deliver the who1e of the Works compIised in theContract within _ days calculated from the last day of the aforesaid period in whk:nthe Works are to be commenced.

3. If our Tender is ecoetxed we will obtain the guarantee of a locally registered Insurance Cotn-pany or Bank (as required in the Sultanate of Oman Standard Conditions of Contract for Building andCivil Engineering Works, 3rd Edition) to be jointly and severally bound with us in the:urn of 10 per centof the Contxeat Value for the due performance of the Contract under the terms of a Performance Bond tobe approved by you,4. We eqtee to abide by this Tender for a period of 90 days from the date fixed for receumg the SiVleand it shall remain binding upon us and may be a:::cepted at any iline before the expiration of that period.s. In the event of our Tender being eccepted and until a formal Agreement is prepared end executedthis Tender, toqetlie: with your written acceptance thereof, shall constitute a binding obligation upon us,6. We understand that you are not bound to eccept the lowest or any Tender you may receive.7. We acknowledge receipt: of the following circular letters: .

Reierence number of letter Date

end confirm we heve taken account thereof in our Tetuie:'* Delete where not applicable.

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APPENDIX TO THE FORM OF TENDER

1. Ruling LanguageCLAUSE

5 (1) (a) The language in which the ContractDocuments have been drafted.1 0 0 1 0 of the Contract Value. Amount of Performance Bond or Guarantee: 10

3. Minimwn Amount of Third Party Insurance: 23 (2)4. Period for Commencement from Engineers 41order to commence5. Tiin e fell: couipleuou6. Amount of Penalties for Delay7. Period of Maintenance8. Qu a n titles9. Percentage for Adjustment of P.C. sumscontained within provisional sums,10. Advance Payment11. Recovery of Advance12. Payment for Materials at Site13. Minimt1i"l'l Amount of Man thiy InterimCertiiics te14. Time within which payment is to be madeafter Certificate15. Percentage of Retention Money16. Limit of Retention Money17. Payment of Retention Money

18. Interest for delay ofpayment1 9 . Cash flowYearly Cash flow 198 198

47 (1)49 (1)55: '5659 (4) (c)60 (2)60 (4) (b)60 (4) (b)60 (4)

R.O ., .. days.

.. . ... " . , ... days. per day..O .

365 days.Estimated Quantities*Actual and Correct Quantities*. . . . . . . . . . . . . . . . . per cent.

10010of tile Contract Value excludingSums for Contingencies.10"10of the Total Interim CertificateValue upto the amount of the Advance.80% of the net value delivered to site.R.O .

60 (5) (a) 60 days.

2

10"10 of the Gross Interim Certificate.5% of Contract Value.50% upon issue of the Certificate ofCompletion 50% after the Period ofMaintenance.7 '% pe r annum.

198 198 198

60 (7)60 (7)60 (8)

60 (9)60(13)198

Petcen tage ofContract % % % % % % .Value .Dated this . . . . . . . . . . . . . . . . . . . . . , . day of. . . . . . . . . . .Signature in capacity of .Duly au thorised to sign Tenders for and on behalf of . . . . . . . . ..

198 .

(IN BLOCK CAPITALS)Witne.ddress.

~ .. I '" '" .. p . . ~

. . . . . . . " ' L . . . . . . . . . . . ~ . . . ~+: (Delete where not applicable)

Occupation , . ,


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FORM OF AGREEMENT

THIS AGREEMENT made the ...BE1WEEN .................

. . day of. .198 .

(hereinafter called "the Employer") of the one part and .of .. (hereinafter called

"the Contractor") of the other part.WHEREAS the Employer is desirous that certain works should be executed viz :

.. It

and has eacened a Tender by the Contractor as summadsed at Appendix B "Summary of ContrcrtValue" for the execution, completion and maintenance of such Works NOW THIS AGREEMENTWITNESSETH as follows;

1. In this AlTooment words and expressions shall have the same meanings as are respectivelyassigned to them in the Standard. Conditions of Con tract hereinafter referred to.

2. The following documents shal l be deemed to form and be read and' construed as part of thisAgreement viz: -

The said TenderThe Standard Conditions of Con tractThe DrawingsThe SpecificationThe Bill of Quantities *The Schedule of Rates and Prices*The Letter of Acceptance **

3. In considecetioti of the payments to be made by the Employer to the Contractor as hereinaftermentioned the Contractor hereby covenants with the Employer to execute, complete and maintain theWorks in conformity in all respects with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor in consideration of the execution,completion end maintenance of the Works the Contract Price at the times and in the manner prescribedby the Contractand as stated in the Cash flow contained in the Appendix to the Tender.---------- .. ._---_ . . . . ._-----_ .. . -.. . -..--. . . . _--- . . . . ---.. _ _ .. - - - - - - - - ..------_ ..-..-----* Delete I;"here not eppliceble** Other-additional documents as required

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IN WITNESS w h ~ e a the pa-ties hereto have hereunder set their reSpCdve hands and seels onthe c a y aod Y6ar liNt above written.

Signs:{ by o! duly authorized Signatory for and onbehaf of the Government of the Sultanate of Onan . . .. . .. ~ .. . . . .. " " o f .. . . .. " . . .. .. . '" " . . ..

Witness .

MinisttF of Public Works .. . .. .. . . . . . . .. . . . . . . . . . . " .. .. . . . . . . . . . . . . .. .. . .. .. . ..

Witness ....

SJgned by a duly authorized SirPatory for and onb6half of the Contractor

Witne$ .

Ratified in rcordance with the Sultan1Decree No. 48/76 as emended

The Deputy Chairman cFinancial Affairs Council

Under SecretaryMinistry of Finance and Economy

Financial Affairs

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APPENDIX "A" TO FORM OF AGREEMENT- _ ..... --- . . . . - .. . _ - - . . . . . . . . . . . . . - .. _--- .. - . . . . . . . . . . . _--_ .. .-------------_ . . . . ._ .. .CONSTITUTION OF COMPANY

1, Inte: .. tionel Companies:' r n e Conrracror s . . ' J . a l l prior to the siqrieture of the Form of Agreement submit notarially authen-ticated copies of the original documents defining the constitution of the Company, powers ofattorney and other rele\'ant documents. In the case of a Partnership or Firm these documents shallbe duly authenticated extracts from the partnership deed or other documents. These documentsshall also shaw by what persons and what manner contracts may be entered into and what personsare directly responsible for the due execution of such contracts and can give valid reoeiptx togetherwjth specimens of their signatures.An overseas power of a rtorney of a . foreign signatory to the Tender shall have been endorsed by anapproved Omani authority (such as an Embassy).A Contractor intending to undertake the Contract Jointly with or in association with another- fumor Iiims including firms or persons acting in an advisory or consultative capacity shall submit astatement showing how the contract commitment will be undertaken and the exact relationshipbetween each of the parties.The name and address of the Contractors a;;ent resident in Oman (ifapplicable}.

2. Omani Companies: -;The Contractor shall prior to the signature of the Fonn of Agreement submit details of the natureof the company, i.e., partnership, limited liabilIty, joint venture, joint stock, together with thecommercial registration number. These documents shall 'also :mow by what persons and in whatmanner contracts may be entered into and what persons are directly responsible for the dueexecution of such contracts and can give valid receipts together with specimens of their signatures.

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APPENDIX "B" TO FORM OF AGREEMENT

SUMMARY OF CONTRACT VALUE

DESCRIPTION

BILL No. 1234'5678910111213

TOTAL CONTRACT VALUE

Value of Preliminaries Value of Measured Works Value of Provisional Sums Value of Deyworks- Value of ContingenciesTOTAL CONTRACT VALUE

6

Iii~i1 0j'rLi.

.,"

R.O.R.O.R.O.RD.RD.RD.R.O.R.O.RD.R.O.RO.RO.R.O.RO.R.O.R.O.R.O.R.O.R.O.R.O.R.O.

RO.R.O.R.O.R.O.R..O.RO.


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STANDARD CONDITIONS OF CONTRACTTABLE OF CONTENTS

DEFINITIONS AND INTERPRETATIONCLAUSE PAGE1. (1)

(2)(3)(4)

DefinitionsSingujar and PluralMarginal NotesCost

131515

ENGINEER AND ENGINEER'S REPRESENTATIVE2. (1)(2)

Duties and Powers of EngineerDuties and Powers of Engineer's Representative

1515

-ASSIGNMENT AND SUB-LETTING3.4 .

AssignmentSub-letting

1616CONTRACT DOCUMENTS

5. (1) Language and Law 16(2) Documents Mutually Explanatory 16

6. (1) Custody of Drawings and Specification 16(2) One copy of Drawings and Specification to be kept on Site 16(3) Disruption. of Progress 17(4) Delays and cost of delay of Drawings 17

7. Further Drawings and Instructions 17GENERAL OBLIGATIONS

B . Can tractor's General Responsibilities 179. Form of Agreement 1710. Performance Bond or Guaran tee 1711. Inspection of Site 1812. (1) Sufficiency of Tender 18

(2) Errors in Computing Tender 18(3) Adverse Physical Conditions and Artificial Obstructions IB

13. Work to be to the Satisfaction of Engineer 1914. Detailed Programme to be Furnished 191S. Con tractor's Superin tendence 1916. Contractor's Employees 2017. (1) , Setting Out 20(2) Notice 2118. Boreholes and Explore: ory Excsve tion 21

--r


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CLAUSE19.20_ (1)

(2)(3)(4)

21 .22_ (1)

(2)(3)23_ (1)(2)(3)

24. (1)(2)25_ (1)

(2 )2 6_27_28_29.3 0 _ (1)

(2)(3)(4)

31.32.33.

34. (1)(2)(3)(4)(5)(6)(7)(8)

35.

STANDARD CONDITIONS - Continued -

PAGESafety and SecurityCare of WorksResponsibility for ReinstatementExcepted RisksReinstatement and Compensation for

21212122

Dertisqe to Persons ct P:-cpcrt~{ 2222232324242424242525252526262626262727272727

Insurance of Works, etc.Damage to Persons and PropertyIndemnity by EmployerMembers of Employees staff, etc. not personally liabIeThird Party InsuranceMinimum Amount of Third Party InsuranceProvision to Indemnify EmployerAccident or Injurll' to WorkmenInsurance against h;cident, etc. to WorkmenNotiiice tion by ContractorRemedy on Contractor's Failure to Insure .Compliance with Laws, Rules and RegulationsFossils, etc.Patent Rights end RoyaltiesInterference with Traffic and Adjoining PropertiesExtraordinary TrafficSpecial LoadsSettlement of Extraordinary Traffic ClaimsWaterborne TrafficOpportunities for Other Con tractorsContractor to Keep Site ClearClearance of Site on Completion

LABOUREn gagem en t of LabourSupply of WaterAlcoholic Liquor or DrugsArms and AmmunitionFestivals and Reliqious CustomsEpidemicsDisorderly Conduct, etc.Observance by Sub-ContractorsReturns of Labour, etc.

282828282828282828

MATERIALS AND WORKMANSHIP36. (1) Quality of Materials and Workmanship and Tests

(a) (b) Conditions of Purchase of Machinery Materials awl Equipment2829

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STANDARD CONDITIONS Continued

CLAUSE PAGE36. {2}. Tests of Quality 29

(3) Cost of Samples 29(4) Cost of Tests 29(5) Cost of Tests not provided. for, etc. 29

37. Inspection of Operations ........ 3038. (l) Examination of Work before Covering up 30

(2) Uncovering and Making Openino 307,", n Reinov,J of Improper Work and IvlateriaIs 30_~J.I

(2) Default of Contractor in Compliance 3040. (1) Suspension of Work 31

(2) Suspension Lasting more than 90 days 31COMMENCEMENT TIME, PROCEDURES AND VELA. YS

41. Commencement of Works 3142. (1) Possession of Site 31(2) Wayleaves, etc. 3 2(3) Use of Site 3 2

43. Time for Completion 3244. Extension of Time for Completion 3 245. No Night or Friday Work 3346. Rate of Progress 3 347. (1) Penalties for Delay 3 3(2) Reduction of Penalties 3 348. (1) Certification of Completion of Works 34

(2) Certification of Completion by Stages 34MAINTENANCE AND DEFECTS

49. (1) Definition of Period of Maintenance 3 5(2) Execution of Work of Repair, etc. 3 5(3 ) Cost of Execution of Work of Repair, etc. 35(4) Remedy on Contractor's Failure to carry out work required 3 5

50. Contractor to Search 3 5ALTERA nONS, ADDITIONS AND OMISSIONS

51. (l)(2)52. (1)(2)(3)(4)(5)

VariationsOrders for Variations to be in WritingValuation of VariationsPower of Engineer to Fix RatesVariations Exceeding 10 per centDeyworksCleirns

3 63 63 637373738

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CLAUSE

53. (1)(2)(3)(4)(~l~I(6)(7)(8)(9)(10)(11)(12)(13)(14)

54.

55.56.57.

58. (1)(2)(3)

59. (1)(2)(3)(4)(5)(6)

60. (1)(2)(3) .(4)(5)

STANDARD CONDITIONS - Continued .~~t,~.i '

PAGE tr.

38 . .,.393939393940 ~~40 t40 ~~404040414141

PLANT, TEMPORARY WORKS AND MATERIALSPlant, etc. DefinitionsVesting of PlantConditions and Hire of PlantCosts for purposes of Clause 63Notiiicetion of Plant Ownersni!,Hire and Hire Purchase Peytneti ts by EmployerIrremovability ofPlant, etc.Revesting and Removal of Plant, etc.Disposal of Plan tLiability or Loss or Injury to PlantIncorporation of Clause in Sub-ContractsPort DuesRe-export of Plan tCustoms ClearanceApproval of Materials, etc. not implied

QUANTITIESEstimated QuantitiesActual and Correct Quan titlesMethod of Measurement

414242

PROVISIONAL SUMSDefinition of "Provisional Sum"Use of Provisional SumsProduction of Vouchers, etc.

424243

NOMINATED SUB-CONTRACTORS

Definition of "Nominated Sub-Contractors" .Nominated Sub-Contractors, Objection to NominationDesign Requirements to be Expressly StatedPayments to Nominated Sub-ContractorsCertification of Payments to Nominated Sub-Contractors.Assignment of Nominated SubContraetor's Obligations

434344444445

CERTIFiCATES AND PAYMENTCertificates and Payment ......AdV2nce Payment CertificateMonthly StatementsMon thly Certifiea tesMonthly Payments

45.45464647

J e i


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CLAUSE60. (6)

(7)(8)(9)(10)(11),,. ..... 1Ii.,)(13)

61.62. (1)

(2)(3)

63. (1)(2)(3)64.

65. (1)(2)(3)(4)(5)(6)(7)(8)

66.

67.

68. (1)(2)(3)(4)

STANDARD CONDITIONS Continued

PAGEFinal Accoun tRetentionPayment of Retention MoneyOverdue PaymentCorrect jon and Witholding of CertificatesRetention on Sub-Contrector's AccountCurrency o[ '?2ymen tCash flowApproval only by Maintenance CertificateMaintenance Certiiice teCessation .of Employer's LiabilityUnfulfilled Obligations

474848484848494949494949

REMEDIES AND POWERSDefault of ContractorValuation at date of ForfeiturePayment after ForfeitureUrgent Repairs

5 0515151

SPECIAL RISKSNo Liability for War, etc. RisksDamage to Works, etc., by Special RisksProjectile, Missile, etc.Increased Costs Arising from Special RisksSpecial RisksOutbreak of WarRemoval of Plant on TenninationPayment if Contract Terminated

5252525252535353

FRUSTRATIONPayment in Event of Frustration 54

SETTLEM.El{T OF DISPUTESSettlement of Disputes - Arbitration 54

NOTICESService of Notices on ContractorService of Notices 0.'1 E:nplo:verService of Notices on EngineerChange of Address

55555555


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DEFAULT OF EMPLOYER

Ir ,

PAGE niLi ' D ,

STANDARD CONDITIONS - Continued

CLAUSE

69. Default of E:npJoyer 5 5CHANGES IN COSTS AND LEGISLATION

?n 56MISCF.LLANEOUS

71. Bribery and Corruption72. Flre ~ecautions7'3. Details to be Confidential74. Photographs and Advertising75. Radio Communications76. Acquisition of Land for Quarries, BorrowPits and for use by the Con tractor77. Maintenance of other Services and Structures78. Spoil Dumps79. Operating and Maintenance Instructions

t}56 1 :

"56 L5757 t,57 ~57 t;57 r~-57 I;58 r -I , :

r .:tf :-.

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SI'ANPARD CONDITIONS OF CONTRACT

DEFINITIONS AND INTERPRETATIONDeiinitions 1. (1) In the Contract, as hereinafter defined, the following words and expres-

sions shall have the meanir igs hereby assigned to them, except where thecontext otherwise requires: ~(a) "Employer" means the Government of the Sultanate of Oman and

the legal successors in title to the Employer who will employ theContractor. The address of Ull,) Employer shall, for the pur-pose ofthe Contract, be deemed 'to be . . . .

" ~ tII

(b) "Contractor" means the person or, persons, iirm or company whosetender has been accepted by the Employer and includes the Contrac-tor's representatives, successors and permitted ~gns.(i) Name and Iull- address in the Sultanate of Oman (including

Company Registration Particulars).

(ii} Registered address of Head Office (if different ircxn above).

(c) "Engineer" means .. II .. .. .... .. .. .. .. .. .. .. i . . . . . . . . . . . . . . . Ii- . . . . .

...... ~t ~ ..

or other person, persons or fum appointed. from time to time by theEmployer and notifjed in writing to the Contractor to act as theEngineer for the purposes of the Contract in plsae of the said Engineer.0) Full address in the Sultanate of Oman (including Registration

Particulars)

iI +~. ..(ii) Registered Address of Head Offi- : :e (if different fro:n above)

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(d) "Engineer's Representative" means any assistant of the Engineer,appointed from time to time by the Employer or the Engineer toperform the duties set forth in Clause 2 hereof, whose authorityshill be notified in writing to the Contractor by the Engineer.

(e) "Works" shall include both Permanent Works and Temporary Works.(f) "Contract" means the Instructions to Tendeters, Standard Conditions ;

of Con tract, Specification, Drawings, priced Bi l l of Quantities, Scheduleof Rates and Prices, if any, Tender, Letter of Acceptance and theForm of Agreement.

(g) "Contract Value 11 means the sum named in the Letter of Acceptance.(h) "Contract Price" means the Contract Value, subject to such additions

thereto or deductions therefrom as may be made under the provisionshereinafter contained.

(i) "Constructional Plant" means all appliances or things of whatsoevernature required in or about the execution, completion or maintenanceof the Works but does not include raeteriels or other things intendedto form or forming part of the Permanent Works. 1(

1(j) "Temporary Works" means all temporary works of every kind requi-red in or about the execution, completion or maintenance of theWorks.

(k) "Permanen t Works" means the perrnanen t works to be execu tedcompleted and maintained in accordance with the Contract.

(1) "Speciiicetion" means the specification referred to in the Tender andany modification thereof or addition thereto as may from time totime be furnished or approved in writing by the Engineer.

(m) "Drewitiqs" means the drawings referred to in the Specification andany modification of such drawings approved in wtitinq by the Engi-neer and such other drawings as may from time to time be furnishedor approved in writing by the Engineer.

(n) "Site" means the land and other places on, under, in or throughwhich the Petmetietit Works or Temporary Worb are to be executedand any other lands and places provided by the Employer for workingspace or any other purpose as may be specifically designated in theContract as fonning part or the Site.

(0) "Approved" means approved in writing, including subsequent writtenconfirmation of previous verbal approval and "approval" meansapproval in writing, including as aforesaid.

(p) "Letter of Acceptance" means a Ie,ner [rom the Employer (Mi~1jstryconcerned), subject to Sul uini Decree No. 48176 as amended, acceptingthe final offer of the Contractor.

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Singular andPluralMarginal Notes

Cost

Duties andP9wers ofEngineer

Duties and Powersof Engineer'sRepreseti ta rive

(2) Words importing the singular only also include the plural and vice versa-. where the context requires.

(3) The marginal notes in these CondWons of Contract shall not be deemed tobe part thereof or be taken into consideration in the interpretation orconstruction of th e Contract.

(4) The word "cost" shall be deemed to include overhead costs whether on oroff the Site.

ENGINEER AND ENGINEER'S REPRESENTATIVE2. (1) The Engineer shall carry out such duties in issuing decisions, certificates

and orders as are specified in the Contract provided that before the issue oforders which either increase the Contract Price to an amount greater thanthe Contract Value or cause further 'increase in the Contreat Price theEngineer shall have obtained the sp8cific approval of the Employer asrequired by Sultani Decrees No. 48 of 1976 as amended unless such ordersare issued pursuant to Clause 64 hereafter.

(2) The Engineer's Representative shall be responsible to the Engineer and hisduties are to watch and supervise the Works and to test and examine anymaterials to be used or workmanship employed in connection with theWorks. He shall have no authority to relieve the Contractor of any of hisduties or obligations under the Contract nor, except as expressly providedin Clause 64 hereafter or elsewhere in the Contract. to order any workinvolving delay or any extra payment by the Employer, nor to make anyvariation of or in the Works.

The Engineer may from time to time in writing delegate to the Engi-neer's Representative any of the powers and authorities vested in the.Engineer and shall furnish to the Contractor and to the Employer a copyof all such written delegations of powers and authorities.

Provided always as follows; (a) Failure of the Engineer's Representative to disapprove work or mate-

rials shall not prejudice the power of the Engineer thereafter to disap-prove such work or materials and to order the pulling down, removalor breaking up thereof.

(b) If the Con tractor shall be dissatisfied by reeson of any decision of theEngineer's Representative he shall be entitled to refer the matter tothe Engineer, who shall thereupon conium, reverse or vary suchdecision.

Any written instruction or approval given by the ~ngineer's Represetitetiveto the Contractor within the terms of such delegation, but not otherwise,s11all bind the Contractor and the Employer GS though it had been given by

. (he Engineer.

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Assignment

Sulrletting

Language andLaw

DocumentsMutuallyExplanatory

Custody ofDrawings andSpecification

One copy ofth~Drawings andSPecification tobe kept on Site

ASSIGNMENT AND S UB -LETTING3. The Contractor shal l not assign the Contract or any part thereof, DC any benefit

or iiit . e r e s t therein or thereunder, otherWise t h . 1 n by a c:haIge in f a V o U r of theContractor's bankers of any monies due or to become due under this Contract,without the prior written consent of the rnployer.

4. The Contractor shall not sub-Jet the whale of the Works. Except where othe.r-wise provided by the Contract, the Contractor shall not. sub-let any part ofthaWor ks without prior written consent of the Engineer, which sha11 not unrsase-fJably withheld, and such consent, if given, sha l l not re1iW(f illtt Contractor f r O t - n ea rw liability or obligation under tiie Contract and he sha l l be responsible kx: th eacts, defaults and neglects of any sub-contractor, his agents. servants oc w O r X mmen as fully as if they were the acts, defaults or neglects of the Contracior, h isagents, servants or workmen. Provided alwa~ that the provision of labour on apiecework basis sha l l not be deemed to 'be a sub-letting under th is C la use .

CONTRACT DOCUMENTS5. (1) (a) The Ruling Language unless stated otherwise shal l be the language in

which the Contract' DOC'UIIlents have been drafted.(b) All correspondance between the Employer, Engineer and the Contra(}-

tor shall be in both Arabic and English.

(e) The Contract shall be governed by and construed in accordance withthe Laws of the Sul tana te of Oman.(2) Except if and to the extent otherwise provided by the Contract, the sever-al

documents forming th.~'Contract are to be taken es mutually explanatolYof one another, but in case of ambiguities o r discrepancies the same shallbe explained and adjusted by the Engineer who shall thereupon issue to theContractor instructions thereon. Provided always that if, in the opinion ofthe E ng in ee r, c om p lia nc e with any such instructions shal l involve th e Con-trector in any coo, which by reason of any such ambiguity or ~repancycould not reasonably have been foreseen by the Contractor, the Engineershall, subject to the provisions of Clause 2(1), certify and the Employershall pay such additional sum as may be reasonable to cover such costs.

6. (1) Th e D ra 'flw gs and S pecifica tion shall remain in the sole custody of theEngineer, but two copies thereof shall be furnished to the Contractor freeof c ha rg e. T he C o ntra cto r shall provide and make at his" own expense anyfurther copies required by him. At the completion of the Contract theContractor shsll . return to the Engineer aU Drawin~ and Specificationprovided under the Contract.

.y

(2) One copy of the Drawingsand Specification furnished to the Con tractor asaforesaid, shall be kept by the Contractor on the Site and the same shal l at'all reasonable times be available for inspection and use by the Engineer andthe Engineer's Reprezetitetive and by any other person authorised by theEnoinee: In writing,

t -FiIr

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Disruption ofProgres;;

Delays andcost of delayof Drawings

Further Drawingsand Instructions

Contractor'sGeneralResponsibili ties

Fonn ofAgreement

PerformanceBond orGuerantee

(31. The Contractor shaU give written notice to the Engineer whenever planni(Jgor progress of the Works is likely to be delayed or di.s'l'upted unless any fur-ther drawing or order, including a direction, instruction or approval, isissued by the Engineer within a reasonable time. The notice shal l includedetails of the drawing or order required and of why and by when it isrequired and of any delay or disruption likely to be suffered if is it late.

(4) If, by reason of any failure or inability of the Engineer to issue within atime reasonable in all the circumstances any drawing or order requested bythe Contractor in accordance with sub-clause (3) of this Clause, the Con-tractor suffers delay and/or incurs costs then the Contractor sball notifythe Employer of sucti eventt: and the Engineer shcl1 t.3.ke such delay intoaccoun t in determining any extension of time to which the Contractor isentitled under Clause 44 hereof and the Contractor shall be paid theamount of such cost as shall be reasonable.

7. The Engineer shall have full power and authority to supply to the Contractorfrom time to time, during the progress of the Works, such further drawin9S andinstructions as'shaU be necessary for the purpose of the proper and adequateexecution, completion and maintenance oi the Works. The Contr~tor shallcarry out and be bound by the same.

GENERAL OBLIGA TIONS8. (1) The Contractor shall, subject to the provisions of the Contract, and with

due. care and diligence, execute, complete and maintain the Works andprovide all lebour, includinq the supervision' thereof, materials, Construe--tiona] Plant end a ll other things, whether of a temporary or permanentnature, required in and for such execution, completion and maintenance,so far as th e necessity f or p ro v id ing the same is s~ified in or is reasonablyto be inferred from the Contract. 7,j~:';";~~' . ~~,.. ~ .".,. ; , ,


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Irispectionof Site

Sufficiencyof Tender

Erro.rs inComputingTender

Adverse PhysicalConditions andArtificialObstr uctf ons

-'coot of the bond or guarantee to be so enter9d into shall be at tho ru;>6J'lSS inall respects of the Contractor. Such bond or guarantee should be valid untilthe end of the Maintenanc~ Period. ' i Contractor shall have failed to takereasonable and prompt action to dUcharge his obligations in the matterof reinstatement the Engineer w ill inform the Contractor in writing ofhis opinion. in which circumstances the Employer reserves the right toemploy others to do the necessary work of reinstatement and to deductthe costs thereof from any money due or which shall become due fromthe Employer to the Contractor.T he Contractor shall refer to the Employer without delay a ll claims whichmay be considered to fall within the provisions of Clause 22. ,;i, .

21. Without limiting his obligations and responsibilities under Clause 20 hereof, theContractor sha l l insure in the joint names of the Employer and the Contractoragainst all los: or damage from whatever cause arising, other than the exceptedrisks, for which he is responsible under the terms of the Contract and in suchmanner that the Employer and Contractor are covered for the period stipulatedin Clause 20(1) hereof and are also covered during the Period of Maintenancefor loss or damage arising from a cause, occurinq prior to the commencement ofthe Period of Maintenance, and for any loss or damage occasioned by theContractor in the COUNe of any operations carried out by him for the purposeof complying with his obligation under Clause 49 and SO hereof:

(a) The Works [or the time being executed to the estimated ContractPrice tbereoi, plus a further 15% to cover any additional expenseof a nature incidental to the demolition, retnovel, restotetion orrepair of any such loss or damage, together with the materials forincorporation in the Works at their replacement value.

"s ; " :~.~1 .;~


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Damage toPersons andProperty

Indemnity byEmployer

~. (b) The Constructional Plant and other things brought onto tho Site bythe Contractor to the repla::ement value of such Constructional Plantand other things.

(c) The Equipment, materials and other things being provided underseparate contract or by nominated Sub-Contractors to the replace-ment value for incorporation in the Works from the time such equip-ment, materials and other things are raken over by the Contractorat the port, workshop or pieae of manufacture as the case may be.

Such insurance shal l be effected prior to commencement of the Wo:-Jc:"",7.:hani l J 5 " 1 1 " r e ! " reqisteted ii: ..he Sultenete o f Oman and in terms to be approved by theEmployer which approval shall not be unreasonably withheld, such terms shallexclude the exercise by the insurer of any righ t of indemnity against their oreither of their servants, agents or employees, and the Contreator shaI l , wheneverrequired, produce to the Engineer or the Engineer's Representative the policy orpolicies of insurance and the receipts for payment of the current premiums:

22. (1) The .Con tractor shall, except if and so far as the Contract provides other-wise, indemnify and keep indemnified the Employer and his setvents eqetitsor employees against all losses and claims in respect of injuries or damageto any persons or material or physical damage to any propertY whatsoeverwhich may arise ou t of or in consequence of the execution, completionand main tensnce of the Works and against all claims, proceedings damages,costs, charges and expenses whatsoever in respect 'of or in relation theretoexcept any compensation or demsqes for or with respect to ; -(a) The permanent use or occupation of land by the Works or any part

thereof.(b) The right of the Employer to execute the Works or any part thereof

on, over, under, in or through any land.(c) Injuries or damage to persons 'or property which are the unavoidable

result of the execution, completion or maintenance of the Works inaccordance with the Contract.

(d) Injuries or damage to persons or property resulting from any act orneglect of the Employer, his agents, servants or other contractors,not being employed by the Contractor, or for or in respect of anyclaims, proceedings, damages, costs, charges and expenses in respectthereof or in relation thereto or where the injury or damage wascontributed to by the Contractor, his servants or agents such part ofthe cornpense bon as may be jus: and equitable having regard to the=xtent of the responsibility of the Employer, his servants or agents orother Con w- a c r o r for the damage o r injury,

(2) The Employer shall indemnify the Contractor eqsins: all claims, procee-dings, damages, costs, charges and expenses in respect of t h e mat tersreferred to In proviso to sub-clause (1) of this Clause.

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. ;' ; '~ ~

...

.

Members ofEmployer's Staffetc. not Personallyliable

Third partyInsurance

Minimum Amountof Third PartyInsurance

Provision toIndemniiYEmployer

Ao::ident orInjury toWorkmen

(3) Neither any member of the Employer's staff nor the Engineer nor anyof his staff nor the Engineer's Representative shall be in any way perso-nally liable to the Contractor for' their acts or obligations under theContract or answerable for any default or omission en the part of theEmployer in the observance or performance of any of the acts mattersor things which are contained in the Contract.

23_ (1) Before commencing the execution of the Works the Contractor, butwithout limiting his obliga dons and responsibilities under Clause 22 hereof,shall insure against his liability for any material or physical damage, loss.or injury which may occur to any property, inc] udillg lha lof L~e 's'Ti.plcycr,or to any person;' including any employee of the Employer, by or arisingout of the execution of the Works or in the carrying out of the Contract,otherwise than due to the matters referred. to in the proviso to Clause22(1) hereof.

(2) Such insurance shall be effected with an insurer registered in the Sultanate.of Oman and in terms approved by the Employer; which approval shal lnot be unreasonably withheld, and for at least the amount stated in theAppendix to the Tender, per single accident with an unlimited number otaccidents. The terms shall exclude the exercise by the insurer of any rightof indemnity against their or either of their servants, agents or employees.The Contractor shall prior to commencement of Works, produce to . theEngineer or the Engineer's Representative the policy cc policies oi insurenceand the receipts for payment of current and subsequent premiums within7 days of payment.

(3) The terms shall include a provision whereby, in the event of any cleim inrespect of which the Contractor would be .entitled to receive indemnityunder the policy being brought or made agriinst the Employer, the insurerwill indemnify the Employer against such claims and any costs, charges,and expenses in respect thereof.

If the Employer pays any monies in respect of any such claims ordemands as aforesaid the amount so paid and the costs incurred by theEmployer shall be charged to and paid by the Contractor provided alwaysthat, the Employer shall if circumstances permit give to the Contractorreasonable opportunity of examining such claim or demand before pay-ment. In the event of the Contractor disputing the payment, exceptpayments made in accordance with a legal obligation or after approval ofthe Contractor, then the Contractor shill have the right to refer the matterin accordance with the provisions of Clause 67 hereof.

24. (1) The Employer shall not be liable for or in respect of any damages orcornpensetlon payable at law in respect or in consequence of any accidentor injury to any workman o r other person in the employment of theContractor or any sub-Contractor; save and except an accident or injuryresulting from any act of default of the Employer, his agents or ssrvants,The Contractor shal l indemnify and keep indemnified the Employera~L'1St all such damages and compensa tion, save end except as aforesaid,

24


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Insurancea~_tkciden~ etc.to Workmen

Noc, icationby Contractor

Remedy onContractorsFai lure toInsure

Compliance withLaws Rules andP..~ations

r\and against a ll claims, proceedings, costs, charges and expenses whatso-ever in teepee t thereof or in rela tion there to. . 1 ; :

,_ "

(2) The Contractor shall insure against such liability with an insurer regis-tered in the Sultanate of Oman and approved by the Employer, whicb.approval sha l l not be unreasonably witheld, and shall continue such insu-rance during the whole of the time that any persons are employed by himon the Works and shall, when required, produce to the Engineer or theengineer'S Representative such policy of insurance and the receipt forpayment of the current premium. Provided always that, in respect of anypersons employed by any sub-contractor, the Contractor~ obligationto i~u.re a:; aforesajd under this sub-clause shall be satisfied if the sub-contractor shall have insured against the liability in respect" of Such personsin such manner that the Employer is indemnified under the policy, but theContractor shall require such sub-contractor to produce ro the Engineer orthe Engineer's Representative, prior to commencement of works, such.policy of insurance and the receipt for the payment o f the current andsubsequent nremiums within 7 days of payment.

!i. .

25. (1) (a) The Contractor shall notify the insurers of any of the insurancesreferred to in Clauses 21, 23 and 24 hereof of any matter or eventwhich by the terms of such insurances are required to be so notifiedand the Contractor sha l l indemnify and keep indemnified the Era-ployer against all losses, claims, demands, proceedings, costs, chargesand expenses whatsoever arising out of or resulting from any defaultby the Contractor in compliance with the requirements of this Clausewhether as a result of the avoidance of such insurance or otherwise.

(b) The Contractor shall keep the Employer informed of all matters . ,regarding claims submitted by h im to the insurers wherein. anyadvantage from insurance policies is claimed.

(2) If the Contractor sha l l fail to effect and keep in force the insurancesreferred to in Clauses 21, 23 and 24 hereof, or any other insurance whichhe may be required to effect under terms of the Con tract, then and inany such case the Employer may effect. and keep in force any such Insu-ranee and pay such premium or premiwns as may be necessary for ilia tpurpose and from time to time deduct the amount so paid by the Employeras aforesaid from any monies due or which may become due to the Con-tractor, or recover the same as a debt due from the Contractor.

r" ~

26 The Contractor shall conform in all respects with the Laws of the Sultanateof Oman and give a ll notices and pay all fees required therewith in relationto the execution of the Works and by the Rules and Regulations of all publicbodies and companies whose property or rights are affected or may be affe=tedin any way by the Works end shall keep the Employer indemnified against allpenalties and liability of every kind for brea:-h of any such Law, rules. orl'ego..llations.

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Fossils, etc.

Patent PJg.l7.tsand Royalties

Interferencewith Trafficand AdjoiningProperties

ExtraordinaryTraffic

Special Loads

27. .Al.J_. fossils, coins articles of value or antiquity, known structures and otherremains or things of geolOgical or archaeological interest found on the site ofthe Works shall as between. the Employer and the Contractor be deemed to beth e absolute property of the Employer. The Contractor shall take reasonableptecsusions to prevent his workmen or any other persons from removing ordamaging any such article or thing and shall immediately upon discoveryacquaint the Engineer's Representative and carry out, subject to the provisionsof Clause 2(1), the Engineer's Representative's orders as to the disposal, orotherwise, of the same at the expense of the Employer.

28. The Contractor shall save harmless ami indemnify tbe Employer from andagainst al l claims and prcaeedinqs for or on account of infringement of anypatent rights, design trademark or name or other protected rights in respectof any Constructional Plant, machine work, or material used for or in con-nection with the Works or any of them and from and against all claims, pro-ceedings, damages, costs, charges and expenses whatsoever in respect thereofor in relation thereto. Except where otherwise specified, the Contractor shallpay a n tonnage and other royalties, rent and other payments or compensationif any, for getting stone, sand, gravel, clay or other materials required for theWorks or any of them.

29. All operations neceSS


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ofClaims

Other

toeep Site

ofte on

the Engineer shall by counter-notice direct that such protection or streng-thening is necessary or unnecessary, then the Contractor will carry outsuch proposals or any modification thereof that the Engineer sha l l requireand, unless there is an item or are items in the Bill of Quantities for pricingby the Contractor of the necessary works for the protection or streng-thening aforesaid, the costs thereof should be borne by the Contractor.

(3) If during the execution of the Works or at any time thereafter any damageor loss shall occur due to any failure on the part of the Contractor toobserve and perform his obligations under sub-c1ause (1) and (2) of thisC'1au5e , then th e amount certified by the Engineer to be due to suchfailure shall be paid by the Contractor to the Employer.

(4) Where the nature of the Works is such as to require the use by the Contractorof waterborne transport the foregoing provisions of this Clause shall beconstrued as though "highway" included a lock dock se a wall or otherstructure related to a waterway and "vehicle" included craft, and shallhave effect eocordinqlv.

31. The Contractor shall, in eccordence with the requirements of the Engineer,afford all reasonable opportunities for carrying out their work to any othercontractors employed by the Employer and their worJonen and to the work-men of the Employer and of any other duly constituted authorities who maybe employed in the execution on or near the Site of any work not includedin the Contract or of any contract which the Employer may enter into inconnection with or ancillary to the Works. If, however, the Contractor shall,on the written request of the Engineer or the Engineer's Representative, makeavailabJe to any such other contractor, or to the Employer or any such autho-rity, any roads or ways for the maintenance of which the Contractor is respon-sible, or permit the use by any such of the Contractor's sc:affolding or otherplant on the Site, or provide any other service of whatsoever nature for anysuch, the Employer shall pay to the Contractor in respect of such use or servicesuch sum or sums as shalI, in the opinion of the Engineer, be reasonable;

32. During the progress of the Works the Contractor shall keep the Site reesonablyfree from all unnecessary obstruction and shall store or dispose of any Cons-tructional Plant and surplus materials and clear away and rem~ve from theSite any wreckage, rubbish or Temporary Works no longer required.

33. On the completion of the Works the Contractor shall clear away and removefrom the Site all Constructional Plant, surplus materials, rubbish and Tempo-rary Works of every kind, and leave the whole of the Site and Works clean andin a workmenlike condition to the satisfaction of the Engineer (moreover aftercompletion of the works approval of the Municipal Authorities should beobtained by the Contractor as to the hygiene and cleanliness of the Site and itssurrouttd.} Nevertheless all buildings and equipment either provided or paid forby the Employer which form part of the Temporery Worr..s shall where directedby the Engineer, be maintained in a reasonable condition and shall be hendedover to the Employer.

~.

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Engagementof Labour

Supply ofWater

AlcoholicLiquor orDrugs

Arms andAmmunition

Festivals andReligious Customs

Epidemics

DisorderlyConduct, etc.

Observance bySulrContractorsReturn ofLabour, etc.

Quality ofMe!terials 36.and Workmanshipand Tests

LABOUR

. 34~ (1) The Contractor sh.all make his own arrangements for the engagementof all labour, local or otherwise, and save insofar as the Contract other-wise provides, for the transport, housing, feeding and payment thereofin accordance with the Laws of the Sultanate of Oman.

(2) The Contractor sha l l provide on the Site, to the satisfaction of theEngineer's Representative, an adequate supply of drinking and otherwater for the use of the Contractor's staff and work people.

(3) The Contractor shall not, otherwise than in accordance with the Lawsof the Sultanate of Oman for the time being in force, import, sell; givebarter or otherwise dispose of any alcohoUc liquor, or drugs, or permitor suffer any such importation, sale, gift, barter or disposal by his sub-contractors, agents or employees.

(4) The Contractor shall not give, barter or otherwise dispose of to anyperson or persons, any arms or ammunition of any kind or permit orsuffer the same as aforesaid.

(5) The Contractor shall in a ll dealings with lsbour in his employment havedue regard to all nationally recognised. festivals, days of rest and religiousor other customs.

(6) In the event of any outbreak of illness of an epidemic nature, the Con-tractor shell comply with and carry out such regulations, orders andrequirements as may be made by the Government, or the local medicalor senitery authorities for the purpose of dealing with and overcomingthe same.

(7) The Contractor shall at all times take a ll reasonable precautions toproven t any unlawful riotous or disorderly conduct by or amongst hisemployees and for the preservation of peece and protection of personsand property in the neighbourhood of the Works against the same,

(8) The Contractor shall be responsible for the observance by his sub-contrac-tors of the foregoing provisions. .~

35. The Contractor shall deliver to the Engineer's Representative, or to his office,at monthly intervals, a return in detail in such form as the Engineer may pres-cribe showing the supervisory staff and the numbers of the several classes oflabour employed and Constructional Plan t used from time to time by theConzractor on the Site and such other information as the Engineer's Repre-sen ta til'e may require.

MATERL4LS AND WORKMANSHIP .(1) lU J materials and workmenship shall be of w e respective kinds described.in the Contract and in accordance with the Engineer's instructions.Provide-d that;

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30/64

ofof

and

of

of

of Tests

of Tests notrovided for, etc.

(a) the Contractor shall purchase within the Sultanate of Oman duringthe currency of the Contract, either directly or through sub-contrac-tors, a minimum of 2 0% of his total requirement of materials ofthe required specification unless it is contractually not possible todo so. As proof thereof all invoices shall be submitted to the EngineersRepresentative with those invoices for materials purchased in theSul tana te of Oman listed separately.

(b) all machinery and equipment which is installed and incorporatedas a part of the Permanent Works, shall be manufactured by thosecompanies who have agents in the Sultanate of Oman, for the sub-sequent regular maintenance and repeir of the mac.J.,:n~IY .rid c


31/64

Inspe=tion ofOperations

Examination ofVlork be IcreCovering up

Uncoveringand MakingOpenings

Removal ofImproper Workand Materials

Default ofContractor inC o . . ' 1 1 p l i d . ' 1 o o

provisions of the Contract or the Engineer's instructions, but otherwiseby the Employer.

37. The Engineer and any person authorised by him shall at all times have access: !to the Works and to all workshops and places where work is being preparedor from where materials, manufactured articles or machinery are being obtainedfor the Works and the Contractor shall afford every facility for and everyassistance in or in obtaining the right to such access.

38. (1) No work shall be covered up or put out of view without the approvalGf ~"'e Engineer or th~ Engince:-':; Repl'esentath'e and th e Conttsctorshall afford full opportunity for .the Engineer or the Engineer's Rept e-sentative to examine and measure any work which is about to be coveredup or 'put out of view and to examine foundations before permanentwork is placed. thereon. The Contractor shall give due notice to the Eng-ineer's Representative whenever any such work or foundations is or areready or about to be ready for examination and the Engineer's Represen-tative shall, without unreasonable delay attend for the purpose of exami-ning and measuring such work or of examining such foundations,

i(2) The Contractor shall uncover any part or parts of the Works or make

openings in or through the same as the Engineer may from time totime direct and shall reinstate and make good such part or parts tothe satisfaction of the Engineer. Ifany such part or parts have beencovered up or put out of view after compliance with the requirement ofsub-clause (1) of this Clause and are found to be executed in accor-dance with the Contract, the expenses of uncovetinq, making openingsin or through, reinstating and making good the same shall be borneby the Employer. but in any other case all costs shall be borne by theContractor.

.39 . (1) The Engineer shall during the progress of the Works have power toorder in writing from time to time(a) the removal from the Site, within such t ime or times as may be

specified, in the order, of any materials which, in the opinion of theEngineer, are not in eccordence with the Contract

(b) the substitution of proper and suitable materials-and(c) Lie removal and proper re-execution, notwithstctnding any previous

test thereof or interim payment therefor, of any work which inrespect of materials or workmanship is not, in the opinion of theEngineer, in accordance with the Contract.

(2) In case of default on the part of the Contractor in carrying out suchorder, the Employer shall be entitled to employ and pay other personsto carry out the same and al l expenses consequent thereon or incidentalthereto shall be recoverable from the Contractor by the Employer, ormay be deducted by the Employer from any monies due or which maybecome due to the Contractor.

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Suspension ofWork

Suspension Lastingmore than 90 days

Corrunencementof Works

40. (1) _!'he Contractor shall, on the written order of the Engineer, suspend theprogress of the Works or any part thereof for such time or times andin such manner as the Engineer may consider necessary and shall duringsuch suspension properly protect and secure the work, so far is necessaryin the opinion of the Engineer. The extra cost incurred by the Contractorin gjving effect to the Engineer's instructions under this Clause shall beborne and paid by the Employer unless such suspension is(e) otherwise provided for in the Contract, or(b) nece~ary by reason of some default on the part of the Contractor, or(e) necessary by reason of climatic conditions on the Site, or(d) necessary for the proper execution of the Works or fqr the safetyof the Works or any part thereof insofar as such necessity does

not arise from any act or default by the Engineer or the Employeror from any of the excepted r isks deiined in Clause 20 hereof.Provided that the Contractor shall not be entitled to recover any

such extra cost unless he gives written notice of his intention to claimto the Engineer within twenty-eight days of the Engineer's order. TheEngineer shall settle and detennine such extra payment and/or exten-sion of time under Clause 44 hereof to be made to the Contractor inrespect of such claim as shall, in th e opinion of the Engine-er, be fairand reasonable and the Engineer's decision shall be final and binding.

(2) If the progress of the Works or any part thereof is suspended o~ thewritten order of the Employer and if permission to resume work is notgiven by the Employer within a period of ninety days from the date ofsuspension then, unless such suspension is within paragraph (a), (b),(e) or (d) of sub-clause (1) of this Clause, the Contractor may serve awritten notice o n the Employer requiring permission within twenty-eight days from the receipt thereof to proceed with the Works, or thatpart thereof in regard to which progress is suspended and. if suchpermission is not granted within that t i m e , the Contractor by a furth~rwritten notice so served may, but is not bound to, elect or treat thesuspension where it affects part only of the Works as an omission of suchpart under Clause 51 hereof, or, where it affects the whole Works, as anabandonment of the Contract by the Employer.

COMMENCEMENT TIME, PROCEDURES AND DELAYS41. The Contreator shall commence the Work on Site within the period tuuned in

t~eAppendix to the Tender after the receipt by him of a written order to thiseffect [rom the Engineer and shall proceed with the same with due expeditionand without delay, except as may be expressly sanctioned or ordered by theEngineer, or be wholly beyond the Contractor's control .

..Possession of Site 42. (1) Save insofar as the Contract may ptesctibe, the extent of portions of theBite of which the Contractor is to be given possession from. tim& to t ime-31


33/64

Wayleaves, etc.

Use of Site

Time forCompletion

Extension ofTime forCompletion

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, with the Engineer's writtenorder to commence the Works, give to .the Contractor possession of SO ':.1 " .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 theprogramme referred to in Clause 14 hereof, and otherwise in accordance -.with such reasonable proposals of the Contractor as he shall, by writtennotice to the Engineer, make and will, from time to time as the Worksproceed, give to the Contractor possession of such further portions of theSite as may be required to enable the Contractor to proceed with thec.:':~!1tion of the Work~ with dve despl1tch in accordance wiLh thG said .~progr.:zmme or proposals, as the case may be. If the Contractor suffersdelay or incurs cost from failure on the part of the Employer to givepossession in accordance with the terms of this Clause, the Engineer shallgrant an extension of time for the completion of the Works and certifysuch swn as, in his opinion, shall be fair to cover the cost incurred, whichsum shall be paid by the Employer.

(2) The Contractor shall bear all costs and charges for special or temporarywayleaves required by him in connection with access to the Site. TheContractor shall also provide at his own cost any additio_nal accomodationoutside the Site required by him for the purpose of the Works.

(3) In particular but without in any way limiting or detracting from the.foregoing the following provisions shall be deemed to apply to the possessionand use of the Sitei-(a) The Contractor shall maintain access for the inspection, operation

and maintenance of any installations belonging to the Employer andnot being part of the Contract which lie within the Site or elsewhere.

(b) The Contractor shall not use any portion of the Site for any purposenot connected with the Works unless the prior written pennission ofthe Employer shall have been obtained.

(c) The lands and other places outside the Site which are the property ofor under the control of the Employer shall be used stJicuy in accor-dance with the instructions of the Employer.

. ,43. SubJect to any requirement in the Contract as to completion of any sectionof the Works before completion of the whole, the whole of the Works shall becompleted, in eccordence with the provisions of Clause 48 hereof, within thetime sta ted in the Can tract calculated from the last day of the period named intlu: Appendix to the Tender as that witbu: which the i,Vorks are to be com-menced, or such extended time as may be allowed under Clause 44 hereof.

44. Should the amount of extra or additional work .of any kind or any cause ofdelay referred to in these Conditions, or exceptional adverse climatic condi-tions, or other special circumstances of any kind whatsoever which may occur,other than through a default of the Contractor; be such as fairly ro entitle the

32


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Night orFriday Work

of

a l t ie s for

uc t io n of

Contractor to an extension of time for the completion of the Works; the Engineershal l determine the amount of such extension and the Engineer shal l consultwith and provide to the Employer a detailed written report giving the reasonsfor his decision to extend the completion date prior to notifying the Contractcr.Provided that the Engineer is not bound to take into account any extra or addi~tional work or other specia l circumstances unless the Contractor ba s withintwenty-eight days after such work has been commenced, or such circumstanceshave arisen, or as soon thereafter as is practicable, submitted to the Engineer'sRepresentative full and detailed particulars of any extension of time to whichhe may consider himself entitled in order that such submission rnzy be inves-tigated at the time. Provided that the decision of t . . ! " w Enqinear riEqilldinq ~ c1e.;)-: :don of t ime shall be final and binding.

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