Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
the Employer's Representative, revoke the appointment of the Contractor's
Representative or appoint a replacement.
(d)
(e)
(f)
(g)
If the Contractor's Representative is to be temporarily absent during the
execution of the Works, a suitable replacement person shall be appointed,
subject to the Employer's Representative's prior written consent, and the
Employer's Representative shall be notified accordingly.
The Contractor's Representative shall, on behalf of the Contractor, receive
instructions under Sub-Clause 3.3 [Instructions].
The Contractor's Representative may delegate any powers, functions and
authority to any competent person, and may at any time revoke the
delegation. Any delegation or revocation shall not take effect until the
Employer's Representative has received prior notice signed by the
Contractor's Representative, naming the person and specifying the powers,
functions and authority being delegated or revoked.
The Contractor's Representative and all the persons mentioned in Sub-
Clause 4.3(f) shall be fluent in the language stated under Sub-Clause 1.4.
4.4 Subcontractors
Subcontractors
(a)
(b)
The Contractor shall not subcontract the whole of the Works. The Contractor
shall only subcontract part of the Works to a Subcontractor with the prior
written consent of the Employer’s Representative, except that such consent is
not required for Permitted Subcontractors or Nominated Subcontractors.
For the purposes of obtaining the Employer's Representative’s prior written
consent, the Contractor shall give the Employer’s Representative detailed
particulars of any proposed Subcontractor, which shall include:
(i)
(ii)
(iii)
the relevant experience of the proposed Subcontractor;
the proposed terms and conditions of the subcontract; and
financial or other information that the Employer’s Representative may
require to satisfy itself that the proposed Subcontractor is an
appropriate entity to execute the relevant part of the Works.
(c)
(d)
Any such consent by the Employer’s Representative shall not relieve the
Contractor from any of its warranties, obligations or liabilities under or in
connection with the Contract and it shall be responsible for the acts,
omissions or defaults of any Subcontractor (including, without limitation, any
Permitted Subcontractor or Nominated Subcontractor), its agents or
employees, as if they were the acts, omissions or defaults of the Contractor.
The Contractor shall give the Employer’s Representative notice of:
(i)
the intended commencement of each Subcontractor's work (such
notice not to be less than 28 days) or as otherwise agreed in writing
© UNOPS 2011 33