Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
to give such notice within 14 days of such conditions being encountered.
(f)
(g)
The notice given under Sub-Clause 4.12(d) shall describe the physical
conditions in sufficient detail as required by the Employer's Representative
and so that those conditions can be inspected by the Employer's
Representative and shall set out the reasons why the Contractor considers
them to be Unforeseeable. The Contractor shall continue executing the
Works, using all reasonable measures as are appropriate for the physical
conditions, and shall comply with any reasonable instructions the Employer's
Representative may give.
If and to the extent that the Contractor encounters physical conditions which
the Employer' Representative determines are Unforeseeable, gives a Claim
Notice in accordance with Sub-Clause 4.12(d), and suffers delay and/or
incurs Costs due to these conditions, the Contractor shall be entitled subject
to Sub-Clause 20.1 [Contractor's Claims] to:
(i)
(ii)
an extension of time for any such delay, if completion is or will be
delayed under Sub-Clause 8.4 [Extension of Time for Completion];
and
payment of any such Costs, which shall be added to the Contract
Price as a Variation.
(h)
After receiving the Claim Notice under Sub-Clause 4.12(g) and inspecting
and/or investigating these physical conditions, the Employer's Representative
shall proceed in accordance with Sub-Clause 20.1 [Contractor's Claims] and
Sub-Clause 3.5 [Determinations] to agree or determine:
(i)
(ii)
whether and (if so) to what extent these physical conditions were
Unforeseeable; and
the matters described in Sub-Clauses 4.12(g)(i) and (ii) related to this
extent.
(i)
(j)
Before an extension of time for any such delay, or additional Costs is finally
agreed or determined under Sub-Clause 4.12(h), the Employer's
Representative may also review whether other physical conditions in similar
parts of the Works (if any) were more favourable than could reasonably have
been foreseen at the Date of the Contract. If and to the extent that these
more favourable conditions were encountered, the Employer's
Representative may proceed in accordance with Sub-Clause 3.5
[Determinations] to determine the reductions in Costs and a reduction in any
entitlement to an extension of time, which were due to these conditions,
which may be included (as deductions) in the Contract Price and Payment
Certificates. The net effect of all adjustments under Sub-Clause 4.12(g)(ii)
and all these reductions, for all the physical conditions encountered in similar
parts of the Works, shall not result in a net reduction in the Contract Price or
Time for Completion.
The Employer's Representative may take account of any evidence of the
physical conditions foreseen by the Contractor prior to the Date of the
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