Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
(d)
(e)
(f)
(g)
The total amount of Delay Damages due under this Sub-Clause 8.7 shall not
exceed the aggregate maximum amount of Delay Damages (if any) stated in
the Schedule of Details.
The payment of Delay Damages shall not relieve the Contractor from its
obligation to complete the Works in accordance with the Contract, or from any
of its warranties, obligations or liabilities under or in connection with the
Contract.
At any time after the Employer has become entitled to Delay Damages, the
Employer may give notice to the Contractor under Sub-Clause 15.1 [Notice to
Correct], requiring the Contractor to complete the Works within a specified
reasonable time. The notice shall not prejudice the Employer's entitlements
to payment under this Sub-Clause 8.7 or to termination under Sub-Clause
15.2 [Termination by Employer].
If the Employer has become entitled, under this Sub-Clause 8.7, to the
aggregate maximum amount of Delay Damages stated in the Schedule of
Details, it shall be entitled to terminate the Contract in accordance with Sub-
Clauses 15.2(a)(viii) and 15.2(b).
8.8 Suspension of Work
Suspension of Work
(a)
(b)
(c)
The Employer's Representative may at any time, at its sole and absolute
discretion instruct the Contractor to suspend progress of part or all of the
Works. During such suspension, the Contractor shall protect, store and
secure such part of the Works against any deterioration, loss or damage.
During any period of suspension, the Contractor shall not remove from the
Site any Materials, Plant or any Contractor's Equipment without the prior
written consent of the Employer.
The Employer's Representative may also notify the Contractor of the cause
for the suspension. If and to the extent that the suspension is caused or
contributed to by, or the responsibility of, the Contractor, or the Contractor's
Personnel, Sub-Clauses 8.9 [Consequences of Suspension], 8.10 [Payment
for Plant and Materials in Event of Suspension] and 8.11 [Prolonged
Suspension] shall not apply.
8.9 Consequences of Suspension
Consequences of Suspension
(a)
Subject to Sub-Clause 8.9(c), if the Contractor suffers delay and/or incurs
Costs from complying with the Employer's Representative's instructions under
Sub-Clause 8.8 [Suspension of Work] and/or from resuming the work, the
Contractor shall give a Claim Notice to the Employer's Representative and
shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to:
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