Procurement of amc(annual maintenance contract) for hvac ... - GAIL

91
Notice of claims for
additional payments:
requiring of bad, unsound and imperfect or unskilled work to be
removed and taken away and reconstructed or re-erected or be
considered as an admission of the due performance of the
CONTRACT, or any part thereof, in this respect, or of the accurring
of any claim by the CONTRACTOR, nor shall it conclude, determine
or affect in any way the powers of the EMPLOYER under these
conditions or any of them as to the final settlement and adjustment
of the accounts or otherwise, or in any other way vary or affect the
CONTRACT. The final bill shall be submitted by the
CONTRACTOR within one month of the date of physical completion
of the WORK, otherwise, the ENGINEER-IN-CHARGE's certificate
of the measurement and of total amount payable for the WORK
accordingly shall be final and binding on all parties
91.1 Should the CONTRACTOR consider that he is entitled to any extra
payment for any extra/additional WORKS or MATERIAL change in
original SPECIFICATIONS carried out by him in respect of WORK
he shall forthwith give notice in writing to the ENGINEER-IN-
CHARGE that he claims extra payment. Such notice shall be given
to the ENGINEER-IN-CHARGE upon which CONTRACTOR bases
such claims and such notice shall contain full particulars of the
nature of such claim with full details of amount claimed. Irrespective
of any provision in the CONTRACT to the contrary, the
CONTRACTOR must intimate his intention to lodge claim on the
EMPLOYER within 10 (ten) days of the commencement of
happening of the event and quantify the claim within 30 (thirty)
days, failing which the CONTRACTOR will lose his right to claim
any compensation/reimbursement/damages etc. or refer the matter
to arbitration. Failure on the part of CONTRACTOR to put forward
any claim without the necessary particulars as above within the time
above specified shall be an absolute waiver thereof. No omission by
EMPLOYER to reject any such claim and no delay in dealing
therewith shall be waiver by EMPLOYER of any of this rights in
respect thereof.
91.2 ENGINEER-IN-CHARGE shall review such claims within a
reasonably period of time and cause to discharge these in a
manner considered appropriate after due deliberations thereon.
However, CONTRACTOR shall be obliged to carry on with the
WORK during the period in which his claims are under
consideration by the EMPLOYER, irrespective of the outcome of
such claims, where additional payments for WORKS considered
extra are justifiable in accordance with the CONTRACT provisions,
EMPLOYER shall arrange to release the same in the same manner
as for normal WORK payments. Such of the extra works so
admitted by EMPLOYER shall be governed by all the terms,
conditions, stipulations and specifications as are applicable for the
CONTRACT. The rates for extra works shall generally be the unit
rates provided for in the CONTRACT. In the event unit rates for
extra works so executed are not available as per CONTRACT,
payments may either be released on day work basis for which
daily/hourly rates for workmen and hourly rates for equipment
rental shall apply, or on the unit rate for WORK executed shall be
derived by interpolation/ extrapolation of unit rates already existing
in the CONTRACT. In all the matters pertaining to applicability of
rate and admittance of otherwise of an extra work claim of
CONTRACTOR the decision of ENGINEER-IN-CHARGE shall be
final and binding.
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