Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
1.14 Joint and Several Liability
Joint and Several Liability
If the Contractor constitutes (under applicable Laws) a joint venture, consortium or
other unincorporated grouping of two or more entities or persons:
(a)
(b)
(c)
(d)
these entities and/or persons shall be deemed to be jointly and severally
liable to the Employer for the Works and performing all of the Contractor's
obligations under the Contract;
the Employer may proceed against any or all of these entities and/or persons
for failure of the Contractor to comply with any obligation, whether arising
under the Contract or otherwise;
these entities or persons shall notify the Employer of the entity and/or
persons, who shall have authority to bind the Contractor and each of these
persons; and
the Contractor shall not alter its composition or legal status without the prior
written consent of the Employer.
1.15 Sections
Sections
(a)
The interpretations and application of:
(i)
(ii)
(iii)
(iv)
(v)
Time for Completion;
Taking Over Certificate;
Taken Over;
Delay Damages; and
Defects Notification Period,
apply separately to each Section of the Works specified in the Schedule of
Sections or nominated as a Section by the Employer under Sub-Clause
1.15(b), and references in the relevant definitions and clauses to the Works
mean those parts of the Works comprised in the relevant Section.
(b)
In addition to Sections of the Works specified in the Schedule of Sections (if
any), the Employer's Representative may, at any time, nominate a part of the
Works to be an additional Section by requesting the Contractor to submit a
proposal. The Employer’s Representative will clearly identify, for each
additional Section, the:
(i)
(ii)
portion of the Works; and
the proposed Time for Completion for the nominated additional
Section.
© UNOPS 2011 20