a giving its decision, opinion or consent;
b expressing its satisfaction or approval or dissatisfaction or disapproval;
c determining value; or
d otherwise taking action which may affect the rights and obligations of the
Employer under the Contract
it shall exercise such discretion impartially, using its professional duty of care, within
the terms of the Contract and having regard to all of the circumstances. Any such
decision, opinion, consent, expression of satisfaction or approval or dissatisfaction or
disapproval, determination of value or action may be opened up, reviewed or revised as
provided for in Clause 11.
THE WORKS
3.1 The Commencement of the Works
The Contractor shall proceed with the Works upon instructions to do so from the
Engineer.
3.2 Extension of Completion Date
If it becomes apparent that the Works will not achieve Completion Date (or any later
date fixed in accordance with this Clause 3.2) for reasons beyond the control of the
Contractor, subject to such reasons not being reasonably foreseeable by a contractor
experienced in the performance of works similar to the Works, then the Contractor
shall so notify the Engineer who shall make, in writing, such extension of the
Completion Date as may be reasonable, subject to the Contractor notifying the
Engineer immediately upon it becoming aware of such reason or reasons.
3.3 Penalties for late Completion
If the Works do not achieve Completion by the Completion Date (or by any later
Completion Date fixed in accordance with Clause 3.2) then the Contractor shall pay to
the Employer penalties at the rate stated in the Appendix to Contract for the period
during which the Works remain uncompleted. The Employer may, without prejudice
to any other method of recovery, deduct the amount of such penalty from any monies
in its hands which are otherwise due or which may become due to the Contractor. The
payment or deduction of such penalty shall not relieve the Contractor from its
obligation to complete the Works or from any other of its obligations and liabilities
under the Contract.
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3.4 Completion
The Engineer shall certify the date when in its opinion the Works have reached
Completion.
3.5 Defects liability
Any defects or other faults which appear within the period set out in the Appendix to
Contract from the date of Completion which are due to materials or workmanship not
in accordance with the Contract shall be made good by the Contractor entirely at its
own cost unless the Engineer shall otherwise instruct and such remedial works shall be
carried out as and when directed by the Engineer.
The Engineer shall certify the date when in its opinion the Contractor's obligations
under this Clause 3.5 have been discharged.
CONTROL OF THE WORKS
4.1 Assignment
The Contractor shall not assign this Contract or any part thereof or any benefit or
interest therein without the prior written consent of the Employer.
4.2 Sub-contracting
The Contractor shall not sub-contract the whole of the Works and, except where
otherwise provided by the Contract, the Contractor shall not sub-contract any part of
the Works without the prior written consent of the Engineer (which shall not be
unreasonably withheld) and such consent if given shall not relieve the Contractor from
any liability or obligation under the Contract and the Contractor shall remain
responsible for the acts, defaults and neglects of any sub-contractor and its agents,
servants or workmen.
4.3 Contractor's Representative
The Contractor shall provide all necessary supervision during the execution of the
Works for the proper fulfilling of the Contractor’s obligations under the Contract. A
competent and authorised representative of the Contractor previously approved by the
Engineer shall be on the Site at all times and shall receive, on behalf of the Contractor,
all directions and instructions from the Engineer.
4.4 Exclusion from the Works
The Engineer may (but not unreasonably or vexatiously) issue instructions requiring
the exclusion from the Site of any person employed thereon.
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