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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 />

required, and a bank guarantee in a form and issued by an<br />

entity approved by the Employer in amounts and currencies<br />

equal to the amount due under this Sub-Clause 14.5 (this<br />

guarantee shall be in a form acceptable to the Employer and<br />

shall be valid until the Plant and Materials are properly stored<br />

on Site and protected against loss, damage or deterioration);<br />

or<br />

(iii)<br />

the relevant Plant and Materials:<br />

(A)<br />

(B)<br />

are those listed in the Schedule <strong>of</strong> Payments for payment<br />

when delivered to the Site; and<br />

have been delivered to and are properly stored on the Site,<br />

are protected against loss, damage or deterioration, and<br />

appear to be in accordance with the Contract.<br />

(d)<br />

(e)<br />

The additional amount to be certified shall be the equivalent <strong>of</strong> eighty percent<br />

<strong>of</strong> the Employer's Representative's determination <strong>of</strong> the cost <strong>of</strong> the Plant and<br />

Materials (including delivery to Site), taking account <strong>of</strong> the documents<br />

mentioned in this Sub-Clause 14.5 and <strong>of</strong> the contract value <strong>of</strong> the Plant and<br />

Materials.<br />

The currencies for this additional amount shall be the same as those in which<br />

payment will become due when the contract value is included under Sub-<br />

Clause 14.3(b)(i). At that time, the Payment Certificate shall include the<br />

applicable reduction which shall be equivalent to, and in the same currencies<br />

and proportions as, this additional amount for the relevant Plant and<br />

Materials.<br />

14.6 Issue <strong>of</strong> Interim Payment Certificates<br />

Issue <strong>of</strong> Interim Payment Certificates<br />

(a)<br />

(b)<br />

(c)<br />

No amount will be certified or paid until the Employer has received and<br />

approved the Bank Guarantee for performance. Thereafter, the Employer's<br />

Representative shall, within 28 days after receiving a Statement and<br />

supporting documents, issue to the Employer an Interim Payment Certificate<br />

which shall state the amount which the Employer's Representative fairly<br />

determines to be due, with supporting particulars.<br />

Prior to issuing the Taking Over Certificate for the Works, the Employer's<br />

Representative shall not be bound to issue an Interim Payment Certificate in<br />

an amount which would be less than the minimum amount <strong>of</strong> Interim Payment<br />

Certificates as set out in the Schedule <strong>of</strong> Payments. In this event, the<br />

Employer's Representative shall give notice to the Contractor accordingly.<br />

An Interim Payment Certificate shall not be withheld for any other reason,<br />

although:<br />

(i)<br />

if anything supplied or work done by the Contractor is not in<br />

accordance with the Contract, the cost <strong>of</strong> rectification or replacement<br />

© UNOPS 2011 94

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