Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
"Interim Payment Certificate" means a payment certificate issued under Clause 14
[Contract Price and Payment], other than the Final Payment Certificate.
"Key Personnel" means the Contractor's Personnel named in nominated positions
included in the Schedule of Key Personnel.
"Latent Defect" means any defect in the Works attributable to: (i) the design and/or
construction of the Works for which the Contractor is responsible; (ii) Plant, Materials
or workmanship not being in accordance with the Contract; or (iii) failure of the
Contractor to comply with any other obligation under the Contract, which a
reasonable examination by the Employer prior to expiry of the last Defects
Notification Period would not have disclosed, and such defect results in the Works or
part of the Works not being able to be used for the purposes for which they are
intended by the Employer, and/or causes the full or partial collapse of the Works,
and/or threatens the stability or safety of the Works.
"Latent Defect Period" means the period as stated in the Schedule of Details,
commencing from the date on which the Final Completion Certificate is issued by the
Employer.
"Law(s)" means:
(a)
(b)
(c)
all legislation, including, decrees, resolutions, acts, statutes, ordinances,
rules, regulations, directives and other orders, treaties, by-laws, codes of
practice and other subordinate legislation, of the Country;
the requirements, rules and regulations of any Authority, including legislation
and regulations covering the registration and licensing of the Contractor
necessary for the proper execution of the Works in accordance with the
Contract; and
the guidelines of the Country and of all relevant Authorities, with which the
Contractor is legally required to comply.
"Materials" means things of all kinds (other than Plant) intended to form or forming
part of the Permanent Works, including the supply-only materials (if any) to be
supplied by the Contractor under the Contract.
"Milestone Dates" means the dates for completing the Milestones set out in the
Schedule of Programme.
"Milestones" means the milestones for the completion of a Section of part of the
Works by the Contractor, as identified and further described in the Schedule of
Programme.
"Moral Rights" means any of the rights described in Article 6b of the Berne
Convention for the Protection of Literary and Artistic Works 1886 (as amended and
revised from time to time), being "droit moral" or other analogous rights arising under
any law, that exist, or that may come to exist, anywhere in the world.
"Nominated Subcontractor(s)" has the meaning given to it in Sub-Clause 5.1
[Definition of "Nominated Subcontractor"].
© UNOPS 2011 7