General Conditions of Contract

BICC Form of Contract for Civil Works 

Agreement 

This Agreement is being made this day the ___________________________________________ 

Between the Employer___________________________________________________________ 

of___________________________________________________________________________ 

And the Contractor______________________________________________________________ 

of___________________________________________________________________________ 

The Employer desires the execution of the Works namely the____________________________ 

_____________________________________________________________________________ 

at____________________________________________________________________________ 

according to the attached Contract Documents, which include the BICC General Conditions, the 

Particular Conditions, the Specification, the Drawings and the priced Bills of Quantities. 

The Contractor has examined the Contract Documents and submitted to the Employer a priced 

Bill of Quantities by which he agrees to carry out the Works in conformity with the Contract for the 

Sum of _______________________________________________________________________ 

_____________________________________________________________________________ 

Or such other sum as may be ascertained under the Contract. 

The Employer has accepted the Contractor’s offer and agrees that in consideration for the 

execution of the Works by the Contractor, the Employer shall pay the Contractor in accordance 

with the Contract. 

Signed by the Employer________________________________________________________ 

And by the Contractor__________________________________________________________ 

Page 1 of 15


General Conditions of Contract 

1 General Provisions 

1.1 Definitions 

In this Contract the words and expressions defined below shall have the following 

meanings assigned to them, except where the context requires otherwise. 

1.1.1 “Contract” means the Agreement and other contract documents listed in the 

Appendix. 

1.1.2 “Bills of Quantities” means the priced Bill of Quantities forming part of this Contract, 

which sets out the items of work to be carried out, their approximate quantity and the 

agreed rates. 

1.1.3 “Specification” means the document forming part of this Contract, which sets out the 

Employer’s requirements in respect of the work to be carried out, and any additions and 

modifications to the specification in accordance with the Contract. 

1.1.4 “Drawings” means the Contract Drawings forming part of this Contract, any revision to 

such drawing and any further drawings required for the carrying out of the Works. 

1.1.5 “Employer” means the person named in the Agreement and his legal successors in 

title. 

1.1.6 “Contractor” means the person named in the agreement and his successors in title. 

1.1.7 “Party” means either the Employer or the Contractor. 

1.1.8 “Engineer” means the person (Perit) appointed by the Employer to act as the 

Engineer and named in the Appendix, or other person appointed from time to time by 

the Employer and notified to the Contractor. 

1.1.9 “Commencement Date” means that date stated in the Appendix when the Works are 

to start. 

1.1.10 “Time for Completion” means the time stated in the Appendix for completing the 

Works or as may be extended under this Contract. 

1.1.11 “Day” means a calendar day. 

1.1.12 “Cost” means all expenditures properly incurred or to be incurred by the Contractor in 

the carrying out of the Works, whether on or off the site, including overheads and 

similar charges, but does not include profit. 

1.1.13 “Contractor’s Equipment” means all apparatus, machinery, vehicles, facilities and 

other things required for the execution of the works but does not include Materials or 

Plant. 

1.1.14 “Materials” means things of all kinds intended to form or forming part of the permanent 

work. 



1.1.15 “Plant” means the machinery and apparatus intended to form part or forming part of 

the permanent work. 

1.1.16 “Employer’s Liabilities” means those matters listed in Sub-Clause 5.1 

1.1.17 “Force Majeure” means an exceptional event or circumstance which is beyond a 

Party’s control, which such Party could not reasonably have foreseen and provided for 

before entering into the Contract, which such party could not reasonably have avoided 

or overcome and which is not substantially attributable to the other Party. 

1.1.18 “Variation” means any material change to the Specifications or drawings, any addition 

to the works, or any omission of any part of the works as required by the Employer 

under Sub-Clause 9.1 

1.1.19 “Works” means all the work to be carried out under this contract including any 

temporary work and any Variation. 

1.1.20 “Site” means the places provided by the Employer where the Works are to be carried 

out and any other place specified in the Contract as forming part of the Site. 

1.1.21 ”Country” means the country in which the Site is located. 

1.2 Interpretation 

Words importing persons or parties shall include firms and organizations. Words 

importing singular or one gender shall include plural or the other gender where the 

context requires. 

1.3 Priority of Contract Documents 

The documents forming the Contract are to be taken as mutually explanatory of one 

another. If an ambiguity or discrepancy is found in the documents, the Engineer shall 

issue any necessary instructions to the Contractor and the priority of the documents 

shall be in accordance with the order as listed in the Appendix. 

1.4 Law of the Contract 

The Law of the Contract shall be Maltese Law 

1.5 Communications 

Wherever provision is made in this Contract for the giving or issuing of any notice, 

instruction, certificate or other communication by any person, such communication 

shall, unless otherwise specified, be in writing, in the language stated in the Appendix 

and shall be communicated within any stipulated period and shall not be unreasonably 

delayed or withheld. 

1.6 Statutory Obligations 

The Contractor shall comply with the laws of Malta being the place where the work is to 

be carried out. The Contractor shall give all notices and pay all fees and other charges 

required by any law or statute in respect of the carrying out of the Works. 



2 Employer 

2.1 Provision of Site 

The Employer shall provide the Site and right of access thereto on the date stated in 

the Appendix. 

If the Contractor suffers delay and/or incurs cost as a result of a failure by the Employer 

to give any right or possession within such time, the Contractor shall give notice to the 

Engineer and shall be entitled to: 

(a) an extension of time for any such delay, if completion is or will be delayed, and 

(b) payment of any such Cost which shall be included in the final Contract Price. 

After receiving this notice, the Engineer shall proceed to agree or determine these 

matters. 

However, if to the extent the Employer’s failure was caused by an error or delay by the 

Contractor, including an error in, or delay in the submission of, any of the Contractor’s 

Documents, the Contractor shall not be entitled to such an extension of time or Cost. 

2.2 Authorised Person 

The Employer may appoint a person to represent him. This person shall have the 

authority to act for him and shall be notified to the Contractor in writing. 

3 Engineer 

3.1 Engineer’s Duties 

The Engineer named in the Appendix is appointed by the Employer to design and direct 

the Works and shall carry out the duties specified in the contract. 

The Engineer shall have no authority to amend the Contract. 

Except as otherwise stated in these Conditions 

(a) the Engineer has no authority to relieve either party of any duties, obligations or 

responsibilities under the contract, and, 

(b) any notice, check, certificate, consent, examination, inspection, instruction, 

notice, proposal, request, test or similar act by the Engineer, (including absence 

or disapproval) shall not relieve the Contractor from any responsibility he has 

under the Contract, including responsibility for errors, omissions, discrepancies 

and non-compliances. 

3.2 Instructions and Further Drawings 

The Engineer shall issue all instructions and any further drawings as may be required 

for the proper execution of the works. Such instructions shall be given in writing, 

provided that if for any reason the Engineer considers it necessary to give an 

instruction orally, the Contractor shall comply with such instruction. The Engineer shall 

confirm such oral instruction in writing, provided that the Contractor may otherwise 

communicate a written record of the instruction to the Engineer, and if such record is 



not contradicted by the Engineer within seven days, it shall be deemed to be an 

instruction of the Engineer. 

3.3 Engineer’s Representative 

The Engineer may appoint a suitable person to act as his representative and may 

delegate to his representative any of his duties under this contract. Any such 

appointment and delegation shall be communicated to the Contractor in writing. 

3.5 Engineer to act impartially 

Wherever the Engineer is required under this contract to exercise his discretion by 

giving a decision, opinion or consent, by expressing satisfaction or approval, by 

determining value or by otherwise taking action which may affect the rights of the 

Employer or the Contractor, he shall exercise his discretion impartially within the terms 

of the Contract, having regard to all the circumstances. 

4 The Contractor 

4.1 General Obligations 

The Contractor shall carry out the works properly and in accordance with the Contract. 

The Contractor shall provide all supervision, labour, materials, plant and contractor’s 

equipment, which may be required for the proper execution of the Works. 

4.2 Contractor’s Representative 

The Contractor shall nominate a person to represent him on the site, who shall be 

authorized to receive instructions on his behalf and shall submit the name and 

particulars of such person to the Employer or the Engineer. 

4.3 Engineer’s Instructions 

The Contractor shall comply with all instructions given by the Engineer in respect of the 

works including the suspension of all or part of the Works. 

4.4 Sub-contracting 

The Contractor shall not sub-contract the whole of the Works under this Contract. The 

Contractor shall neither sub-contract any part of the Contract without the consent of the 

Employer and of the Engineer. 

4.5 Design by Contractor 

Where any part of the Works under this contract is required to be designed by the 

Contractor, to specifications supplied by the Engineer, the Contractor shall, before 

carrying out any such work, submit detailed drawings of his design to the Engineer for 

approval. Such approval shall not relieve the Contractor from any of his obligations 

under this contract and he shall remain responsible for the adequacy of the design. 

Where works to be designed by the Contractor involves the design of structural 

elements the design shall be certified by a registered Architect and Civil Engineer 

(Perit) employed by the Contractor. 



5 Employer’s Liabilities 

5.1 Employer’s Liabilities 

In this Contract any consequence arising out of the following shall be the liability of the 

Employer. 

a) war, hostilities (whether war be declared or not), invasion act of foreign enemies 

within the country, 

b) rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war 

within the country, 

c) riot, commotion or disorder by persons other than the Contractor’s personnel and 

other employees, affecting the site and/or the Works. 

d) Ionizing radiations or contamination by radio-activity from any nuclear fuel, or 

from any nuclear waste from the combustion of nuclear fuel, radio-active toxic 

explosive, or other hazardous properties of any explosive nuclear assembly or 

nuclear component of such an assembly, except to the extent to which the 

contractor may be responsible for the use of radio-active material, 

e) Pressure waves caused by aircraft or other aerial devices traveling at sonic or 

supersonic speeds; 

f) Any operation of the forces of nature affecting the site and/or the works, which 

was unforeseeable or against which an experienced contractor could not 

reasonably have been expected to take precautions; 

g) Exceptionally adverse climatic conditions; 

h) Force Majeure; 

i) Use or occupation by the Employer of any part of the Works, except as may be 

specified in the Contract; 

j) Design of any part of the Works by the Employer, his personnel, the Engineer 

nominated by the Employer, except where design of any part of the Works is 

required to be carried out by the Contractor; 

k) Any action of, or attributable to, the Employer, the Employer’s personnel, or the 

Employer’s other contractors on the Site; 

l) Any failure of the Employer; 

m) A suspension under Sub-clause 4.3 unless it is attributable to the Contractor’s 

failure; 

n) Physical obstructions or physical conditions other than climatic conditions 

encountered on the site during the performance of the Works, which obstructions 

or conditions were not reasonably foreseeable by an experienced contractor and 

which the Contractor immediately notified to the Employer; 

o) Unforeseeable shortages in availability, or increase in cost, of personnel or 

goods caused by epidemic or governmental actions, except for normal cost of 

living increases; 

p) Any change to the law of the Contract after the date of the agreement; 

q) Losses arising out of the Employer’s right to have the permanent work executed 

on, over or under in or through any land, and to occupy this land for the 

permanent work, and 

r) Damage, which is an unavoidable result of the Contractor’s obligations to 

execute the Works and to remedy any defects. 

s) A Variation or substantial change in the quantity of an item of work included in 

the Contract. 



6 Time for Completion 

6.1 Execution of the Works 

The Contractor shall commence the Works on the Commencement Date and shall 

proceed expeditiously and without delay and shall complete the Works within the Time 

for Completion. 

6.2 Programme of Works 

Within the time stipulated in the Appendix, the Contractor shall submit to the Engineer a 

programme for the Works. 

6.3 Extension of Time for Completion 

Subject to Sub-clause 9.4, the Contractor shall be entitled to an extension to the Time 

for Completion if he is or will be delayed by any of the Employer’s liabilities listed in 

Sub-clause 5.1 or any other cause of delay giving an entitlement to extension of time 

under any other Sub-clause of these Conditions. 

On receipt of an application from the Contractor, the Engineer shall consider all 

supporting details provided by the Contractor and shall extend the Time for Completion 

as he considers appropriate. When determining each extension of time under the 

Contract, the Engineer may review previous determinations and may increase, but not 

decrease, the total extension of time. 

6.4 Late Completion 

If the Contractor fails to complete the Works within the Time for Completion, the 

Contractor’s only liability to the Employer for such failure shall be to pay the amount 

stated in the Appendix for each day, which he fails to complete the Works. 

7 Taking Over 

7.1 Completion 

The Contractor may notify the Engineer when he considers that the Works are 

complete. 

7.2 Completion Certificate 

When the Engineer considers that the Contractor has completed the Works, he shall 

issue a certificate of completion to the Employer and to the Contractor, stating the date 

of completion. Alternatively the Engineer may consider that the Works, although not 

fully complete, are ready for taking over and issue a certificate of Practical Completion 

to that effect, stating the date accordingly. The Employer shall take over the Works 

upon the issue of this certificate. The Contractor shall promptly complete any 

outstanding work and, subject to Clause 8, clear the site. 



8 Defects 

8.1 Remedying Defects 

The Engineer may at any time prior to the expiry of the Defects Liability Period stated in 

the Appendix, notify the Contractor of any defects or outstanding work. The Contractor 

shall remedy, at no cost to the Employer, any defects due to the contractor’s 

workmanship, materials, plant or design, if any, not being in accordance with the 

Contract. Failure to remedy any defects or complete outstanding work within a 

reasonable time of the Engineer’s notice, shall entitle the Employer to carry out all 

necessary work at the cost of the contractor. The cost of remedying defects attributable 

to any cause, which is not the liability of the Contractor, shall be valued as a Variation. 

8.2 Uncovering and Testing 

The Engineer may give instruction as to the uncovering and/or testing of any work. 

Unless as a result of any uncovering and/or testing it is established that the 

Contractor’s workmanship, materials, plant or design, if any, are not in accordance with 

the contract, the Contractor shall be paid for such uncovering and/or testing as a 

Variation. 

8.3 Contractor’s Liability 

The provisions of this Contract do not relieve the Contractor of any of his liabilities and 

responsibilities under any law or statute. 

9 Variations and Claims 

9.1 Right to Variation 

The Employer has the right to require variations to be made to the Works described in 

the Contract Documents. The Engineer may also make any variation he considers 

necessary for the proper execution of the Works. Such variations may include any 

increase or decrease in quantity, any modification to or omission of any part of the 

Works, or any additional work, except that no part of the Works may be omitted, to be 

carried out by the Employer or any other Contractor. 

9.2 Instructions as to Variations 

The Engineer shall issue a written instruction to the Contractor whenever a variation is 

required to be made under this Contract. 

9.3 Valuation of Variations 

Variations shall be valued by one of the following methods: 

a) As a lump sum price agreed to by the Parties; 

b) Where appropriate, according to the rates in the Contract; 

c) In the absence of appropriate rates, the rates in the Contract may be used as a 

basis for valuation where possible; 

d) Where this is not possible according to new rates agreed to by the Parties or 

which the Engineer considers appropriate; 



e) Where the Engineer so instructs, by daywork rates set out in the Contract for 

which the Contractor shall keep adequate records of hours of labour, 

contractor’s equipment and materials used. 

9.4 Early Warning for Claim 

A Party shall notify the other as soon as he is aware of any circumstance which may 

delay or disrupt the Works, or which may give rise to a claim for additional payment. 

The Contractor shall take all reasonable steps to minimise these effects. The 

Contractor’s entitlement to extension to the Time for Completion or additional payment 

shall be limited to the time and payment which would have been due if he had given 

prompt notice and had taken all reasonable steps. 

9.5 Right to Claim 

If the Contractor incurs Cost as a result of any of the Employer’s Liabilities listed in 

Sub-clause 5.1, or any other cause giving an entitlement to additional payment under 

any other Sub-clause of these Conditions, the contractor shall be entitled to the amount 

of such Cost. If as a result of any of the Employer’s Liabilities, it is necessary to modify 

the Works, this shall be dealt with as a Variation. 

9.6 Variation and Claim Procedure 

The Contractor shall submit to the Engineer an itemised make-up of the value of 

Variations and claims within twenty eight days of the instruction of the variation or of 

the completion of any work required by the Variation or of the event giving rise to the 

claim as appropriate. The Engineer shall check and approve or otherwise determine 

the value of the Variation or claim. 

10 Contract Price and Payment 

10.1 Valuation of the Works 

The Works shall be re-measured after completion and valued according to the rates 

agreed to in the Bills of Quantities forming part of the Contract Documents. 

10.2 Interim Certificate for Payment 

The Contractor shall be entitled to interim payments at monthly intervals. The Engineer 

shall within seven days of the end of each monthly interval, certify the amount of interim 

payment due to the Contractor. The amount to be included in an interim certificate shall 

be: 

a) The total value of Work properly executed by the Contractor including the value 

of any Variation; 

b) The percentage stated in the Appendix of the value of Materials and Plant 

delivered to the Site at a reasonable time; 

Less any sums previously certified for payment, subject to the percentage retention 

stated in the Appendix and to any additions or deductions which may be due under this 

Contract. 

The Contractor shall submit each month to the Engineer a statement indicating the 

quantity and value of work carried out, the quantity of any materials and plant and the 

amount to which he considers himself entitled to assist the Engineer in his valuation. 



10.3 Interim Payments 

Within fourteen days of the issue of each Interim Certificate for Payment by the 

Engineer, the Employer shall pay to the Contractor the amount stated in the certificate. 

10.4 Release of Retention 

One half of the percentage retention stated in the appendix withheld by the Employer 

shall be paid by the Employer to the Contractor within fourteen days of the issue by the 

Engineer of a certificate of Practical Completion under Sub-clause 7.2. The remainder 

of the retention shall be paid by the Employer to the Contractor within fourteen days of 

either the Defects Liability Period stated in the Appendix, or the remedying of notified 

defects or the completion of outstanding work as stated in Sub-clause 8.1, whichever is 

the later. 

10.5 Final Certificate for Payment 

Within forty two days of the latest of the events listed in Sub-clause 10.4, the Engineer 

shall certify the amount of final payment due to the Contractor. The amount to be 

included in the Final Certificate for Payment shall be: 

a) The total value of Work properly executed by the Contractor including the value of 

any Variation; 

b) any additions or deductions which may be due under this Contract; 

Less any sums previously certified for payment, subject to half the percentage retention 

stated in the Appendix. 

The Contractor shall submit to the Engineer a statement indicating the quantity and 

value of work carried out and the amount to which he considers himself entitled to 

assist the Engineer in his valuation. 

10.6 Final Payment 

Within twenty eight days of the issue of the Final Certificate for Payment by the 

Engineer, the Employer shall pay to the Contractor any amount stated in the Certificate. 

10.7 Currency 

Payment shall be made in Malta Liri. 

10.8 Delayed Payment 

The Contractor shall be entitled to interest at the rate stated in the Appendix for each 

day the Employer fails to pay beyond the prescribed payment period. 

11 Default 

11.1 Default by Contractor 

If the Contractor abandons the Works, refuses or fails to comply with a valid instruction 

of the Engineer or fails to proceed expeditiously and without delay, or is, despite written 

complaint, in breach of the Contract, the Employer or the Engineer, may give notice to 

the Contractor of the default, referring to this Sub-Clause. 



If the Contractor has not taken all practicable steps to remedy the default within 

fourteen days after the Contractor’s receipt of such notice, the Employer may by a 

second notice given within a further twenty one days terminate the Contract. The 

Contractor shall then demobilise from the Site leaving behind all Materials and Plant. 

11.2 Default by Employer 

If the Employer fails to pay in accordance with the Contract, or is, despite a written 

complaint, in breach of the Contract, the Contractor may give notice of the default 

referring to this Sub-Clause. If the default is not remedied within seven days after the 

Employer’s receipt of this notice, the Contractor may suspend the execution of all or 

part of the Works. 

If the default is not remedied within twenty eight days after the Employer’s receipt of the 

Contractor’s notice, the Contractor may by a second notice given within a further twenty 

one days, terminate the Contract. The Contractor shall then demobilise from the Site. 

11.3 Insolvency 

If a party is declared insolvent under any applicable law, the other Party may by notice 

terminate the Contract immediately. The Contractor shall then demobilise from the site 

leaving behind, in the case of the Contractor’s insolvency all materials and Plant. 

11.4 Payment upon Termination 

After termination, the Contractor shall be entitled to payment of the unpaid balance of 

the value of the Works executed and of the Materials and Plant reasonably delivered to 

the Site, adjusted by the following: 

a) any sums to which the Contractor is entitled to under Sub-Clause 9.5; 

b) any sums to which the Employer is entitled; 

c) if the Employer has terminated under Sub-Clause 11.1 or 11.3, the Employer 

shall be entitled to a sum equal to any additional cost which the Employer may 

incur by employing another contractor to complete the Works not executed at the 

date of the termination as well as the amount stated in the Appendix for each day 

that completion of the Works are delayed beyond the Time for Completion, 

d) if the Contractor has terminated under Sub-Clause 11.2 or 11.3, the Contractor 

shall be entitled to the Cost of his suspension and demobilisation as well as any 

other cost which the Contractor may incur as a direct result of the termination. 

The net balance due shall be paid or repaid within twenty eight days of the notice of 

termination. 

12 Risks and Responsibility 

12.1 Contractor’s Care of the Works 

The Contractor shall take full responsibility for the care of the Works from the 

Commencement Date until the date of the issue of the Completion Certificate by the 

Engineer and the Employer’s taking over of the Works under Sub-Clause 7.2. 

Responsibility shall then pass to the Employer. If any loss or damage happens to the 

Works during the above period the Contractor shall rectify such loss or damage so that 

the Works conform with the contract. 

Unless the loss or damage happens as a result of one of the Employer’s Liabilities, the 

Contractor shall indemnify the Employer against any loss or damage happening to the 

Works and against all claims or expense arising out of the Works caused by breach of 



the contract, by negligence or by other default of the contractor, his agents or 

employees. 

12.2 Force Majeure 

If a Party is or will be prevented from performing any of its obligations by Force 

Majeure, the Party affected shall notify the other Party immediately. If necessary, the 

Contractor shall suspend the execution of the Works and, to the extent agreed with the 

Employer, demobilise the Contractor’s equipment. 

If the event continues for a period of eighty four days, either Party may then give notice 

of termination which shall take effect twenty eight days after the giving of the notice. 

After termination, the Contractor shall be entitled to payment of the unpaid balance of 

the Works executed and of the Materials and Plant reasonably delivered to the Site, 

adjusted by the following: 

a) any sums to which the Contractor is entitled to under Sub-Clause 9.5; 

b) the Cost of his suspension and demobilisation; 

c) any sums to which the Employer is entitled under this Contract. 

The net balance due shall be repaid within twenty eight days of the notice of 

termination. 

13 Insurances 

13.1 Extent of Cover 

The Contractor shall, prior to commencing the Works, effect and thereafter maintain 

insurances in the joint names of the Parties: 

a) for loss and damage to the Works, Materials, Plant and the Contractor’s 

Equipment; 

b) for the liability of both Parties for loss, damage, death or injury to third parties or 

their property arising out of the Contractor’s performance of the Contract, 

including the Contractor’s liability for damage to the Employer’s property other 

than the Works; and 

c) for the liability of both Parties for death or injury to the Contractor’s personnel. 

13.2 Insurance Policies 

All insurances shall conform to the requirements of the Contract as detailed in the 

Appendix. The policies shall be issued by insurers and in terms approved by the 

Employer. The Contractor shall provide the Employer with evidence that any required 

policy is in force and that the premiums have been paid. 

All payments received from insurers relating to loss or damage to the Works shall be 

held jointly by the Parties and used for the repair of the loss or damage or as 

compensation for loss or damage that is not to be repaired. 

13.3 Failure to Insure 

If the Contractor fails to effect or keep in force of any of the insurances referred to in 

the previous Sub-Clauses, or fails to provide satisfactory evidence, policies or receipts, 

the Employer may, without prejudice to any other right or remedy, effect insurance for 

the cover relevant to such default and pay the premiums due and recover the same as 

a deduction from any other monies due to the Contractor. 



14 Resolution of Disputes 

14.1 Referral to Engineer 

When a dispute arises between the Employer or the Contractor on any matter arising or 

out of, under, or in connection with this Contract, either during the progress or after 

completion of the Works or other termination of the Contract, the matter shall in the first 

place be referred to the Engineer by either party with a copy to the other party. The 

Engineer shall consult with each Party in an endeavour to reach agreement. If 

agreement is not achieved, the Engineer shall make a fair determination in accordance 

with the Contract, giving due regard to all relevant circumstances. The Engineer shall 

give written notice of his decision to both parties within twenty one days of his receiving 

the reference. 

14.2 Arbitration 

Should either the Employer or the Contractor be dissatisfied with the decision of the 

Engineer, or if the Engineer fails to give his decision within the stipulated time, then 

either the employer or the Contractor may, within thirty days after the receipt of the 

Engineer’s decision or after the expiration of the time limit for the issue of the 

Engineer’s decision, inform the other party in writing of his intention to refer the matter 

to Arbitration and submit a notice of arbitration to the Malta Arbitration Centre. The 

arbitration shall be carried out in Malta, under the rules of the Malta Arbitration Centre 

according to the Malta Arbitration Act, as a domestic arbitration in the language of this 

Contract as stated in the Appendix. 

14.2 Appointment of Arbitrator 

The dispute shall be referred to a single arbitrator, appointed by the agreement of both 

parties. Should the parties fail to agree on the selection of an arbitrator within time 

limits set out in the Malta Arbitration Act, then an arbitrator shall be appointed by the 

Chairman of the Malta Arbitration Centre at the request of either the Employer or the 

Contractor. 



Particular Conditions 

_______________________________________________________ 

1 Value Added Tax 

All rates and prices quoted in the priced bills of Quantities forming part of this Contract 

are to be net of Value Added Tax which shall be added to the total of each certificate 

wherever it is due according to the law prevailing at the time. 

2 Measurement and Certification 

The Contractor shall pay to the Engineer 1% of the value of each certificate of 

payment, payable upon issue of each certificate, being his share of fees due to the 

Engineer for certification and re-measurement. 



APPENDIX 

_______________________________________________________ 

1.1.1 Contract Documents in order of Priority The Agreement 

Particular Conditions 

General Conditions of Contract 

The Specifications 

The Drawings 

The Bills of Quantities 

1.1.8 The Engineer appointed by the Employer is________________________________ 

of ________________________________ 

________________________________ 

1.1.9 Commencement Date ____________________ 

1.1.10 Time for Completion ____________________ 

1.5 The Language of the Contract English 

2.1 Date for provision of Site ____________________ 

6.2 Period for Submission of Programme of Works ____________________ 

6.4 Amount payable for late completion ____________________ 

8.1 Defects Liability Period ____________________ 

10.2 Percentage of Materials on Site __________________% 

10.2 Percentage of Plant on Site __________________% 

10.2 Percentage Retention __________________% 

10.8 Rate of interest __________________% 

13.2 Insurances: Type of Cover Amount of Cover 

Works, Materials, Plant & fees 

The Contract Sum stated 

in the agreement + 15% 

Third Party injury to persons and property ___________________ 

Contractor’s workers and Employees 

___________________

General Conditions of Contract

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