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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 />

(h)<br />

The Contractor shall submit a critical activity listing and a revised working<br />

programme with each monthly progress report pursuant to Sub-Clause 4.21<br />

[Progress Reports] to reflect the actual progress <strong>of</strong> the Works relevant to the<br />

Contract Programme. The revised working programme shall be in the same<br />

format and accompanied by the same supporting information as the Contract<br />

Programme and shall detail:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

the activities recently completed with actual start and finish dates and<br />

the activities in progress or to be performed/started in the future;<br />

all Milestones and Milestone Dates;<br />

the physical percentage complete for each activity; and<br />

the critical path for the Works based on the Contractor's latest working<br />

programme.<br />

(i)<br />

(j)<br />

(k)<br />

(l)<br />

(m)<br />

Following such submission, the Contractor and the Employer's Personnel<br />

shall review the critical activity listing to identify problem areas and corrective<br />

actions necessary.<br />

If at any time the Employer's Representative forms the opinion that the actual<br />

progress <strong>of</strong> the Works does not conform to the Contract Programme, the<br />

Contractor shall produce, at the request <strong>of</strong> the Employer's Representative, a<br />

revised working programme and supporting report in accordance with Sub-<br />

Clause 8.6(a) [Rate <strong>of</strong> Progress].<br />

The Contractor shall submit such revised working programme to the<br />

Employer's Representative within 7 days <strong>of</strong> being requested to do so by the<br />

Employer's Representative. Failure <strong>of</strong> the Contractor to submit a revised<br />

working programme in accordance with this Sub-Clause 8.3, will entitle the<br />

Employer to withhold payments due to the Contractor until the revised<br />

working programme is submitted in accordance with the Contract.<br />

Any amended or revised working programme submitted by the Contractor<br />

under this Sub-Clause 8.3 will not affect or replace the Contract Programme<br />

unless expressly agreed to by the Employer's Representative in writing.<br />

The submission to and review by the Employer's Representative <strong>of</strong> any<br />

amended or revised working programme or any other document or revision<br />

there<strong>of</strong> under this Sub-Clause 8.3 shall not in any way relieve the Contractor<br />

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

the Contract.<br />

8.4 Extension <strong>of</strong> Time for Completion<br />

Extension <strong>of</strong> Time for Completion<br />

(a)<br />

The Contractor is only entitled, subject to Sub-Clause 20.1 [Contractor's<br />

Claims], to an extension to the Time for Completion if, and to the extent it<br />

satisfies the Employer's Representative that, completion for the purposes <strong>of</strong><br />

Sub-Clause 10.1 [Taking Over <strong>of</strong> the Works and Sections] <strong>of</strong> an activity on<br />

the critical path <strong>of</strong> the Contract Programme is or will be delayed to the extent<br />

© UNOPS 2011 67

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