FMS - GAIL

additional payments:
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.
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
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