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Download Tender Document - High Commission of India, Colombo

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MEASURED PRICE CONSTRUCTION CONTRACT<br />

General Conditions<br />

Operational excellence for results that matter<br />

allow 20 days for the Employer’s Representative to review and<br />

comment on Contractor's <strong>Document</strong>s or the amended<br />

Contractor's <strong>Document</strong>s as the case may be; and<br />

(ii)<br />

if the Employer’s Representative gives the Contractor a written notice,<br />

within the time allowed for its review, stating that the Contractor's<br />

<strong>Document</strong>s, or any amended Contractor's <strong>Document</strong>s, is not<br />

acceptable or not in accordance with the Contract:<br />

amend that Contractor's <strong>Document</strong>s so that it complies with the<br />

Contract;<br />

promptly submit the amended Contractor's <strong>Document</strong>s to the<br />

Employer for its review; and<br />

allow 20 days for the Employer’s Representative to review and<br />

comment on the amended Contractor's <strong>Document</strong>s.<br />

(i)<br />

Any amendment, which the Contractor proposes to any Contractor's<br />

<strong>Document</strong>s, shall be promptly submitted to the Employer, with details <strong>of</strong>:<br />

(i)<br />

(ii)<br />

the proposed amendment; and<br />

the reasons for the proposed amendment,<br />

together with any other information and supporting documentation the<br />

Employer’s Representative reasonably requires. If the Contractor proposes a<br />

change to the Contractor's <strong>Document</strong>s that has previously been submitted<br />

under Sub-Clause 4.1(h) then it shall resubmit the proposed amendment in<br />

accordance with the procedures set out in Sub-Clause 4.1(h).<br />

(j)<br />

(k)<br />

For the avoidance <strong>of</strong> doubt, any review or approval <strong>of</strong>, or any comment on,<br />

any Contractor's <strong>Document</strong>s by, or on behalf <strong>of</strong>, the Employer in accordance<br />

with the Contract is solely to monitor the performance <strong>of</strong> the Contractor. No<br />

approval, comment or review or similar act (including the absence <strong>of</strong><br />

disapproval, comment or review) by or on behalf <strong>of</strong> the Employer, Employer's<br />

Representative or the Employer's Personnel shall relieve the Contractor from<br />

any <strong>of</strong> its warranties, obligations or liabilities under or in connection with the<br />

Contract, including responsibility or liability for error, omissions,<br />

discrepancies, defects and non-compliances in the Contractor's <strong>Document</strong>s.<br />

Any failure to disapprove any Contractor's <strong>Document</strong>s shall not constitute<br />

approval, and shall therefore not prejudice the right <strong>of</strong> the Employer to reject<br />

the Contractor's <strong>Document</strong>s under this Sub-Clause or otherwise under the<br />

Contract.<br />

To the extent that the Contractor is required to design any Section or part <strong>of</strong><br />

the Works in accordance with Sub-Clause 4.1(g) or otherwise under the<br />

Contract, the Contractor shall:<br />

(i)<br />

design the Works in accordance with Industry Best Practices, the Law<br />

and the requirements <strong>of</strong> all relevant Authorities;<br />

© UNOPS 2011 30

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