FMS - GAIL

77
78
Suspension of works:
Employer may do part of
work:
79 Possession prior to
completion:
WORK are unsound, or of a quality inferior to that contracted for, or
otherwise not in accordance with the CONTRACT, the
CONTRACTOR shall on demand in writing from the
ENGINEER-IN-CHARGE or his authorised representative
specifying the WORK, materials or articles complained of
notwithstanding that the same may have been inadvertently
passed, certified and paid for, forthwith rectify or remove and
reconstruct the WORK so specified and provide other proper and
suitable materials or articles at his own cost and in the event of
failure to do so within the period specified by the
ENGINEER-IN-CHARGE in his demand aforesaid, the
CONTRACTOR shall be liable to pay compensation at the rate of 1
% (One percent) of the estimated cost of the whole WORK, for
every week limited to a maximum of 10% (ten percent) of the value
of the whole WORK, while his failure to do so shall continue and in
the case of any such failure the ENGINEER-IN-CHARGE may on
expiry of notice period rectify or remove and re-execute the WORK
or remove and replaced with others, the materials or articles
complained of to as the case may be at the risk and expense in all
respects of the CONTRACTOR. The decision of the
Engineering-in-charge as to any question arising under this clause
shall be final and conclusive.
77.1 i) Subject to the provisions of sub-para (ii) of this clause, the
CONTRACTOR shall, if ordered in writing by the
ENGINEER-IN-CHARGE, or his representative, temporarily
suspend the WORKS or any part thereof for such written
order, proceed with the WORK therein ordered to be
suspended until, he shall have received a written order to
proceed therewith. The CONTRACTOR shall not be
entitled to claim compensation for any loss or damage
sustained by him by reason of temporary suspension of the
WORKS aforesaid. An extension of time for completion,
corresponding with the delay caused by any such
suspension of the WORKS as aforesaid will be granted to
the CONTRACTOR should he apply for the same provided
that the suspension was not consequent to any default or
failure on the part of the CONTRACTOR.
ii) In case of suspensions of entire WORK, ordered in writing
by ENGINEER-IN-CHARGE, for a period of more than
two months, the CONTRACTOR shall have the option to
terminate the CONTRACT.
78.1 Upon failure of the CONTRACTOR to comply with any instructions
given in accordance with the provisions of this CONTRACT the
EMPLOYER has the alternative right, instead of assuming charge
of entire WORK, to place additional labour force, tools, equipments
and materials on such parts of the WORK, as the EMPLOYER may
designate or also engage another CONTRACTOR to carry out the
WORK. In such cases, the EMPLOYER shall deduct from the
amount which otherwise might become due to the CONTRACTOR,
the cost of such work and material with ten percent (10%) added to
cover all departmental charges and should the total amount thereof
exceed the amount due to the CONTRACTOR, the CONTRACTOR
shall pay the difference to the EMPLOYER.
79.1 The ENGINEER-IN-CHARGE shall have the right to take
possession of or use any completed or partially completed WORK
or part of the WORK. Such possession or use shall not be deemed
to be an acceptance of any work completed in accordance with the
CONTRACT agreement. If such prior possession or use by
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