a 12 13 14 15 16 17 10 " 12 13 14 24 22 23 24 25 34 32 33 34 3.5 44 42 43 44 45 ERRATA to the First Edition 1999. General Conditions CONTENTS GENERAL PROVISIONS .. Definitions Interpretation Communications Law and Language Priority of Documents Contract Agreement Assignment Care and Supply of Documents Delayed Drawings or Instructions Empioyer’s Use of Contractor's Documents Contractor's Use of Employer's Documents Confidential Details Compliance with Laws Joint and Several Liability THE EMPLOYER... Right of Access to the Site Permits, Licences or Approvals Employers Personnel Employer's Financial Arrangements Employers Claims THE ENGINEER . Engineer's Duties and Authorty Delegation by the Engineer Instructions of the Engineer Replacement of the Engineer Determinations ‘THE CONTRACTOR Contractor's General Obligations Performance Securty Contractor's Representative Subcontractors Assignment of Benefit of Subcontract inside back cover 10 1246 4a? 48 49 4.10 4a 412 4.13 414 4.15 4.16 4aa7 418 4.19 4.20 421 422 423 424 BA 52 53 54 61 62 63 64 65 66 67 68 63 6.10 611 a 72 73 74 75 76 77 78 a 82 Co-operation, Setting Out Safety Procedures Quality Assurance Site Data Suticiency of the Accepted Contract Amount Unforeseeable Physical Conditions. Rights of Way and Facilities Avoidance of Interference Access Route ‘Transport of Goods Contractor's Equipment Protection of the Environment Electricity, Water and Gas Employer's Equioment and Free-Issue Material Progress Reports Security of the Site Contractor's Operations on Site Fossils NOMINATED SUBCONTRACTORS Definition of “nominated Subcontractor” Objection to Nomination Payments to nominated Subcontractors Evidence of Payments ‘STAFF AND LABOUR, Engagement of Staff and Labour Rates of Wages and Conditions of Labour Persons in the Service of Employer Labour Laws Working Hours Facilities for Staff and Labour Health and Safety Contractor's Superintendence Contractor's Personnel Records of Contractor's Personnel and Equipment Disorderly Conduct PLANT, MATERIALS AND WORKMANSHIP Manner of Execution Samples Inspection Testing Rejection Remedial Work ‘Ouimership of Plant and Materials Royatties COMMENCEMENT, DELAYS, AND SUSPENSION ‘Commencement of Works Time for Completion ay 22 24 = 2683 Programme 8.4 Extension of Time for Completion 85 Delays Caused by Authorties 86 Rate of Progress 87 Delay Damages 88 Suspension of Work 89 Consequences of Suspension 8.10 Payment for Prant and Materials in Event of Suspension 8.11. Protonged Suspension 8.12 Resumption of Work 9 TESTS ON COMPLETION . 0... 000cc cece ce ceeeueeeeeeesee es 29 9.1 Contractors Obligations 9.2 Delayed Tests 9.3. Retesting 9.4 Failure to Pass Tests on Completion 10 EMPLOYER'S TAKING OVER 0... 00... 00 esc cceee veneers 80 10.1. Taking Over of the Works and Sections 10.2 Taking Over of Parts of the Works 10.3. Interference with Tests on Completion 10.4 Surfaces Requiring Reinstatement 11 DEFECTS LIABILITY pee 32 11.1. Completion of Outstanding Work and Remedying Defects, 11.2 Cost of Remedying Defects 11.3. Extension of Defects Notification Period 11.4. Fallure to Remedy Detects 11.5. Removal of Defective Work 11.6 Further Tests 11.7. Right of Access 11.8 Contractor to Search 11.9 Performance Cettiicate 11.10 Untutfiled Obligations 11.11 Clearance of Site 12 MEASUREMENT AND EVALUATION .........0 000000000 0eeee e638 12.1 Works to be Measured 12.2. Method of Measurement 123. Evaluation 12.4. Omissions 13 VARIATIONS AND ADJUSTMENTS «2.0... .0000 0000 ee eevee es 86 19.1 Right to Vary 13.2 Value Engineering 18.3 Variation Procedure 18.4 Payment in Applicable Curtencies 13.8 Provisional Sums 13.6 Daywork 18.7 Adjustments for Changes in Legislation 13.8 Adjustments for Changes in Cost14 CONTRACT PRICE AND PAYMENT 14.1. The Contract Price 14.2. Advance Payment 14.3 Application for Interim Payment Certificates, 14,4 Schedule of Payments 14.5 Plant and Materials intended for the Works 14.6. Issue of Interim Payment Certiticates 14.7, Payment 14.8 Delayed Payment 14.9 Payment of Retention Money 14.10 Statement at Completion 14.11 Application for Final Payment Certiticate 14.12 Discharge 14.13 Issue of Final Payment Certificate 14.14 Cessation of Employer's Liabilty 14.15 Currencies of Payment 15 TERMINATION BY EMPLOYER 18.1 Notice to Correct 15.2. Termination by Employer 15.8 Valuation at Date of Termination 15.4 Payment after Termination 15.5. Employer's Entitlement to Termination 16 SUSPENSION AND TERMINATION BY CONTRACTOR . 16.1 Contractor's Entitlement to Suspend Work 16.2. Termination by Contractor 16.3. Cessation of Work and Removal of Contractor's Equipment 16.4 Payment on Termination 17 RISK AND RESPONSIBILITY . 17.4. Indemnities 17.2. Contractor's Care of the Works 17.3. Employer's Risks 17.4 Consequences of Employer's Risks 17.5. Intelectual and Industrial Property Rights 17.6 Limitation of Liabilty 18 INSURANCE 18.1 General Requirements for Insurances 18.2. Insurance for Works and Contractor's Equipment 18.3. Insurance against Injury to Persons and Damage to Property 18.4 Insurance for Contractor's Personnel 19 FORCE MAJEURE 19.1. Definition of Force Majeure 19.2. Notice of Force Majeure 19.3. Duty to Minimise Delay 19.4 Consequences of Force Majeure 19.5. Force Majeure Affecting Subcontractor 40 a7 49 50 5319.6 Optional Termination. Payment and Release 19.7 Release from Performance under the Law 20. CLAIMS, DISPUTES AND ARBITRATION ......0...000020 00 88 20.1. Contractor's Claims 20.2 Appointment of the Dispute Adjudication Board 20.3 Failure to Agree Dispute Adjudication Board 20.4 Obtaining Dispute Adjudication Board's Decision 20.5 Amicable Settlement 20.6 Arbitration 20.7 Failure to Comply with Dispute Adjudication Board's Decision 20.8 Expiry of Dispute Adjudication Board's Appointment APPENDIX GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT 63 INDEX OF SUB-CLAUSES i