Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
(i)
(ii)
(iii)
the part which is used shall be deemed to have been Taken Over as
from the date on which it is used;
the Contractor shall cease to be liable for the care of such part as
from this date, when responsibility shall pass to the Employer; and
if requested by the Contractor, the Employer's Representative shall
issue a Taking Over Certificate for this part.
(c)
(d)
(e)
For the avoidance of doubt, the Parties agree that use of any part of the Site
by the Employer as a temporary measure or for reasons attributable to the
acts, omissions, breaches or defaults of the Contractor or the Contractor's
Personnel or which is either specified in the Contract or agreed by both
Parties in writing, will not be deemed to have been Taken Over by the
Employer. In such cases, the Contractor shall continue to be responsible for
the care of such parts of the Works until a Taking Over Certificate is issued to
the Contractor in accordance with this Clause 10.
After the Employer's Representative has issued a Taking Over Certificate for
a part of the Works, the Contractor shall be given the earliest opportunity to
take such steps as may be necessary to carry out any outstanding Tests on
Completion. The Contractor shall carry out these Tests on Completion as
soon as practicable before the expiry date of the relevant Defects Notification
Period.
If the Contractor incurs Costs as a result of the Employer having Taken Over
and/or having used a part of the Works, other than as a temporary measure
or for reasons attributable to the acts or omissions of the Contractor or which
is either specified in the Contract or agreed by both Parties in writing, the
Contractor shall:
(i)
(ii)
give a Claim Notice to the Employer's Representative; and
be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to
payment of any such Costs, which shall be added to the Contract
Price as a Variation.
(f)
(g)
(h)
After receiving the Claim Notice under Sub-Clause 10.2(e), 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 these Costs.
Where, for reasons attributable to the acts or omissions of the Contractor, the
Employer in its absolute discretion elects to issue a Taking Over Certificate or
otherwise uses a part of the Works in accordance with this Sub-Clause 10.2,
the Contractor shall not be entitled to any extension of time or any increase to
the Contract Price.
If a Taking Over Certificate has been issued for a part of the Works (other
than a Section), the Delay Damages thereafter for completion of the
remainder of the whole of the Works shall be reduced. Similarly, the Delay
Damages for the remainder of the Section (if any) in which this part is
included shall also be reduced. For any period of delay after the date stated
© UNOPS 2011 76