Contract for Hiring Services of different types of call basis ... - GAIL

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.
92 Payment of contractor's bill:
92.1 No payment shall be made for works estimated to cost less than Rs.10,000/- till the whole of the work shall have been
completed and a certificate of completion given. But in case of works estimated to cost more than Rs.10,000/-, that
CONTRACTOR on submitting the bill thereof be entitled to receive a monthly payment proportionate to the part thereof
approved and passed by the ENGINEER-IN-CHARGE, whose certificate of such approval and passing of the sum so payable
shall be final and conclusive against the CONTRACTOR. This payment will be made after making necessary
corrections/deductions as stipulated elsewhere in the CONTRACT DOCUMENT for materials, Contract Performance Security,
taxes etc.
92.2 Payment due to the CONTRACTOR shall be made by the EMPLOYER by Account Payee cheque forwarding the same to
registered office or the notified office of the CONTRACTOR. In no case will EMPLOYER be responsible if the cheque is mislaid
or misappropriated by unauthorised person/persons. In all cases, the CONTRACTOR shall present his bill duly pre-receipted on
proper revenue stamp payment shall be made in Indian Currency.
92.3 In general payment of final bill shall be made to CONTRACTOR within 60 days of the submission of bill on joint
measurements, after completion of all the obligations under the CONTRACT.
93 Receipt for payment:
93.1 Receipt for payment made on account of work when executed by a firm, must be signed by a person holding due power of
attorney in this respect on behalf of the CONTRACTOR, except when the CONTRACTOR's are described in their tender as a
limited company in which case the receipts must be signed in the name of the company by one of its principal officers or by
some other person having authority to give effectual receipt for the company.
94 Completion certificate:
94.1 APPLICATION FOR COMPLETION CERTIFICATE: When the CONTRACTOR fulfils his obligation under Clause 81.1 he shall be
eligible to apply for COMPLETION CERTIFICATE. The ENGINEER-IN-CHARGE shall normally issue to the CONTRACTOR the
COMPLETION CERTIFICATE within one month after receiving any application therefore from the CONTRACTOR after verifying
from the completion documents and satisfying himself that the WORK has been completed in accordance with and as set out
in the construction and erection drawings, and the CONTRACT DOCUMENTS. The CONTRACTOR, after obtaining the
COMPLETION CERTIFICATE, is eligible to present the final bill for the WORK executed by him under the terms of CONTRACT.
94.2 COMPLETION CERTIFICATE: Within one month of the completion of the WORK in all respects, the CONTRACTOR shall be
furnished with a certificate by the ENGINEER-IN-CHARGE of such completion, but no certificate shall be given nor shall the
WORK be deemed to have been executed until all scaffolding, surplus materials and rubbish is cleared off the SITE completely
nor until the WORK shall have been measured by the ENGINEER-IN-CHARGE whose measurement shall be binding and
conclusive. The WORKS will not be considered as complete and taken over by the EMPLOYER, until all the temporary works,
labour and staff colonies are cleared to the satisfaction of the ENGINEER-IN-CHARGE. If the CONTRACTOR fails to comply with
the requirements of this clause on or before the date fixed for the completion of the WORK, the ENGINEER-IN-CHARGE may at
the expense of the CONTRACTOR remove such scaffolding, surplus materials and rubbish and dispose off the same as he
thinks fit and clean off such dirt as aforesaid, and the CONTRACTOR shall forthwith pay the amount of all expenses so incurred
and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually
realised by the sale thereof.
94.3 COMPLETION CERTIFICATE DOCUMENTS: For the purpose of Clause 94.0 the following documents will be deemed to form
the completion documents:
(i) The technical documents according to which the WORK was carried out. Six (6) sets of construction drawings showing
therein the modification and correction made during the course of execution and signed by the ENGINEER-IN-CHARGE.
(ii) COMPLETION CERTIFICATE for `embedded' and `covered' up work.
(iii) Certificates of final levels as set out for various works.
(iv) Certificates of tests performed for various WORKS.
(v) Material appropriation, Statement for the materials issued by the EMPLOYER for the WORK and list of surplus materials
returned to the EMPLOYER's store duly supported by necessary documents.
95 Final decision and final certificate:
95.1 Upon expiry of the period of liability and subject to the ENGINEER-IN-CHARGE being satisfied that the WORKS have been duly
maintained by the CONTRACTOR during monsoon or such period as hereinbefore provided in Clause 80 & 81 and that the
CONTRACTOR has in all respect duly made-up any subsidence and performed all his obligations under the CONTRACT, the
ENGINEER-IN- CHARGE shall (without prejudice to the rights of the EMPLOYER to retain the provisions of relevant Clause
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