8/9/2019 Clause 51
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CLAUSE 51:
DETERMINATION OF
CONTRACTOR EMPLYEMENT
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INTRODUCTION
In general, a job should run smoothly and not be stopped without
any reason even if there is an extension of time.
Proved significantly when the contractor could not complete the
work or have expressed their refusal to complete the work the
contractor work to be terminated.
Before the certificate of termination of contractor work, a notice
of intent should be issued to the contractor in advance.
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Sub-clause (a)
For that Officer Authority to take action.
- Failure Cases.
If the contractor commits breach of any one or more of the
following:
If without reasonable cause it is suspending the whole or any part
of the work before the completion of the work.
If it fails to continue to work with in sequences.
If it fails to perform according to contract and negligent
discharge of its obligations.
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Continued ....
If it fails, and repeatedly neglected to comply with a written
notice of the Superintending Officer to replace or change any
defective work or materials that are not suitable items.
If it does not comply with the provisions of Clause 27 (a), (c), and
(d) of sub-lease and Assignment
Notice of intent shall be issued in advance where the contractor is
given 14 days to meremedikan. If you are going then the
termination notice sent by registered post or recorded delivery
specifying delivery possible.
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Sub clause (b)
Bankruptcy Cases.
If the bankruptcy of a contractor to do:
Commits an act bankruptcy.
Become insolvent or make a settlement with creditors, creditors
and make arrangements with them.
As a company facing a court order (an order winding up).
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Continued ....
Has a liquidator, receiver or temporary manager of the business oroperators properly appointed or surrender possession to be
taken by or on behalf of creditors, creditors with a floating
charge of any property comprised in or subject to a floating
charge on it. The government does not need to send the notice
of intention, but continue to only send a notice of termination.
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Consideration should be taken into account to decide the
termination of the employment contractor.
Where the contractor resulted in her continuing inability to
continue and complete the work, simple things should be done
by the contractor is a contractor completed the work.
Where the contractor defaults or fails to continue its
obligations, especially the contractor fails to continue to work
diligently, taking the results of the contractor should be
terminated.
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Continued ....
In deciding whether to consider taking the contractor to be
terminated based on the interests of employers, the
administration and its implications in terms of social and
political. However, the main purpose is to ensure that the
completed in time.
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Prosuder before the contractors removed.
Government warned prior to the expiration of contractor thedefault within 14 days to take steps to contractor approprite..
14 days
If no action or positive measures from the contractor, the
Superintending Officer to send a notice of intention to end the
contract by registered mail.
14 days
If still no action from contractor, notice of termination sent by
registered post and the contract will be abolished.
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Next action.
The new contractor will be appointed by the government.
Assessment of the cost of fiber loss claimed from the old
contractor not later than three months.
Government issued a Final Certificate of termination of the
employment contract the contractor.
If the contractor fails to comply with such claims even warned the
government would take legal actions against the Ministry of
Public Works.
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Sub clause (c)
- Effect of Termination of Employment Contractors
Sub clause (c) (i) Emergency Authority Officer.
Employers will take over the site immediately.
Contractor shall stop the activity immediately.
Contractor shall leave the building while including material not install
on site unless instructed in writing Authority of Officer to
transfer a given time.
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Sub clause (c) (ii), (iii) & (iv) further action by the government.
The Government can complete the work completed by himself or
others.
The Contractor shall deliver the right or power to the government
or employers on all matters of agreement the supply goods,
materials, performing work implementation of the project work
as specified in the project.
Lists and direct the contractor to be transferred to any matter
specified in sub clause (c) (iv).
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Continued ....
Contractor shall pay any damages or loss to the government oremployer, if the officer had authority to issue a Final
Certificate of the amount to be paid after the new contractor is
appointed.
Provide cost estimates will be required to complete the job has
been terminated. For example, the cost of the bid call.
Impose disciplinary action to the contractor. For example, black
listed contractor.
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Sub clause (c) (v) & (vi)
When the government appointed a new contractor will make an
assessment of costs and / or damage and a claim will be made to
the original contractor under which the claim is made not later
than nine months from the date of termination of its acquisition of
the government will issue a certificate referred to in the Final
Declaration of contract the termination of the employment of
contractors.
If the contractor fails to meet such demands even if copyright has
been given a reminder, the government will take legal action with
respect to the legal adviser Ministry of Works.
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Things are in the Final Declaration
(a) Cost of Completion.
(A)
Total interim payments paid to the original contractor.
Total fees paid to kene Nominated Sub Contractors and Nominated
Suppliers and others.
Total Contract Price a new fee to be paid to another contractor to
complete the work.
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Continued ....
The total cost of losses to the government as a result of theproject can not be completed, including the cost was calculated
from the date of termination of employment of the contractor
until the Completion Date by the new contractor.
Charges "On Cost" will be imposed on the original contractor for
the purpose of paying back the cost of administration incurred
by the employer for the tender call. The value of this charge is
usually already agreed (10% of the new contract or the total
costs paid to the new contractor or other person who abandoned
the job done).
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(b) Adjusted Original Contract Price
(b)
The original Contract Sum.
Net value adjustments in the original Contract Sum.
Deduction for certain compensation and set the subject of the
original contract.
Other deductions that may be imposed by the government under the
contract. For example, the payment insurance renewal premium.
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THE END