Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
(h) Notwithstanding any other provisions of the Contract, no change,
modification, addition or deletion to, in or from the Specification or the
Contractor's Documents, the Works or the Contractor's conditions and
methods of working, which are necessary due to any act, omission or default
of the Contractor in the performance of its obligations under the Contract,
shall be deemed to be a Variation and any such matter shall not result in any
adjustment of the Contract Price, extension of time or other relief. Any
additional Costs to the Employer caused by such change, modification,
addition or deletion which are attributable to such default or breach shall be
borne by the Contractor and may be recovered by the Employer in
accordance with Sub-Clauses 14.7 [Payment] and 14.16 [Set Off].
(i)
(j)
For the avoidance of doubt, the Employer and the Employer's Representative
shall have the right to instruct a Variation and the Contractor shall be obliged
to execute such Variation notwithstanding any failure of the Parties to agree
on the changes (if any) to the Contract Price, Contract Programme and/or the
Works required as a result of such Variation.
No Variation invalidates the Contract. The Contractor agrees that a Variation
may involve the omission of any part or parts of the Works and the Contractor
agrees that the Employer may engage others to perform that part or parts of
the Works which have been omitted. The Contractor further acknowledges
that any omission or omissions will not constitute a basis to allege that the
Employer has repudiated the Contract no matter the extent or timing of the
omission or omissions.
13.2 Value Engineering
Value Engineering
(a)
The Contractor may, at any time submit to the Employer's Representative a
written proposal which (in the Contractor's opinion) will, if adopted:
(i)
(ii)
(iii)
(iv)
accelerate completion of the Works and/or the Project;
reduce the cost to the Employer of executing, maintaining or
operating the Works and/or the Project;
improve the efficiency or value to the Employer of the completed
Works and/or the Project; or
otherwise be of benefit to the Employer.
(b)
(c)
The proposal shall be prepared at the cost of the Contractor and shall include
the items listed in Sub-Clause 13.3 [Variation Procedure].
If a proposal, which is approved by the Employer, includes a change in the
design of part of the Permanent Works, then unless otherwise agreed by both
Parties:
(i)
(ii)
the Contractor shall design this part;
Sub-Clause 4.1(g) [Contractor’s General Obligations] shall apply; and
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