B-1 AGREEMENT System Generated e-Tender No ... - e-Tendering

40 Dy. Executive Engineer
(4) In the event of -
i) Any total stoppage of work on notice from the Engineer under
clause (1) in that behalf.
ii) Withdrawal by the Contractor from the contractual obligations to
complete the remaining unexecuted work under sub-clause (2) on
account of continued suspension of work for a period exceeding
90 days.
OR
iii) Curtailment in the quantity of item or items originally tendered on
account of any alteration, omission or substitutions in the
specifications drawing, designs, or instructions under clause
14(1) where such curtailment exceeds 25% in quantity and the
value of the quantity curtailed beyond 25 percent at the rates for
the item specified in the tender is more than Rs. 5,000/-.
CAT-1268/59382
Dsk-II dt.22-2-78.
It shall be open to the Contractor, within 90 days from the service of (i)
the notice of stoppage of work or (ii) the notice of withdrawal from the
contractual obligations under the contract on account of the continued
suspension of work or (iii) notice under clause 15(1) resulting in such
curtailment, to produce to the Engineer satisfactory documentary evidence
that he had purchased for agreed to purchase material for use in the
contract work, before receipt by him of the notice of stoppage, suspension
or curtailment and require the Government to take over on payment such
material at the rates determined by the Engineer, provided, however such
rates shall in no case exceeds the rates at which the same were acquired
by the Contractor. The Government shall thereafter take over the material
so offered, provided the quantities offered, are not in excess of the
requirements of the unexecuted work as specified in the accepted tender
and are of quality and specifications approved by the Engineer.
Clause 15(A):- The Contractor shall not be entitled to claim any
compensation from Government for the loss suffered by him on account of
delay by Government in the supply of materials entered in Schedule A
where such delay in caused by –
i) Difficulties relating to the supply of railway wagons.
ii) Force majeure.
iii) Act of God.
iv) Act of enemies of the State or any other reasonable cause
beyond the control of Government.
In the case of such delay in the supply of materials, Government shall
grant such extension of time for the completion of the works as shall
appear to the Executive Engineer to be reasonable in accordance with the
circumstances of the case. The decision of the Executive Engineer as to
the extension of time shall be accepted as final by the Contractor.
Clause 16 :- Under no circumstances whatever shall the Contractor be
entitled to any compensation from Government on any account unless the
Contractor shall have submitted claim in writing to the Engineer-in-charge
within one month of the case of such claim occurring.
Time limit for
unforeseen claims.
Signature of Contractor No. Of Corrections Executive Engineer