Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
in this Taking Over Certificate, the proportional reduction in these Delay
Damages shall be calculated as the proportion which the value of the part so
certified bears to the value of the Works or Section (as the case may be) as a
whole. The Employer's Representative shall proceed in accordance with
Sub-Clause 3.5 [Determinations] to agree or determine these proportions.
The provisions of this Sub-Clause 10.2(h) shall only apply to the daily rate of
Delay Damages under Sub-Clause 8.7 [Delay Damages], and shall not affect
the maximum amount of these Delay Damages.
(i)
Notwithstanding any other provision of the Contract:
(i)
(ii)
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 any part of the Site or the
Works, prior to the Time for Completion in accordance with this Sub-
Clause 10.2, the provisions of Sub-Clause 10.2(h) shall not apply and
the daily rate of Delay Damages due and payable by the Contractor
under Sub-Clause 8.7 [Delay Damages] shall not be reduced; and
if a Taking Over Certificate is issued for part of the Works under this
Sub-Clause 10.2 after the Time for Completion has passed, Sub-
Clause 10.2(h) shall not apply and the Delay Damages due and
payable by the Contractor under Sub-Clause 8.7 [Delay Damages]
will not be reduced and will continue to apply in full and until the whole
of the Works or Section is Taken Over in accordance with the
Contract.
10.3 Interference with Tests on Completion
Interference with Tests on Completion
(a)
If the Contractor suffers delay and/or incurs Costs as a result of a delay in
carrying out the Tests on Completion for which the Employer is responsible,
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:
(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.
(b)
After receiving the Claim Notice under Sub-Clause 10.3(a), the Employer's
Representative shall proceed in accordance with Sub-Clause 3.5
[Determinations] to agree or determine the matters described under Sub-
Clause 10.3(a).
© UNOPS 2011 77