Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
may be withheld until rectification or replacement has been
completed;
(ii)
(iii)
if the Contractor was or is failing to perform any work or obligation in
accordance with the Contract, and had been so notified by the
Employer's Representative, the value of this work or obligation may
be withheld until the work or obligation has been performed; and/or
if the Contractor fails to submit a revised works programme in
accordance with Sub-Clause 8.3 [Contract Programme] or monthly
progress report in accordance with Sub-Clause 4.21 [Progress
Reports], payment may be withheld until such programme or monthly
progress report (as the case may be) has been submitted.
(d)
The Employer's Representative may in any Payment Certificate make any
correction or modification that should properly be made to any previous
Payment Certificate. A Payment Certificate or payment of the amounts there
under shall not be deemed to indicate the Employer's Representative's or
Employer's (as the case may be) acceptance, approval, consent or
satisfaction.
14.7 Payment
Payment
(a)
Except as otherwise stated in Sub-Clause 14.6 [Issue of Interim Payment
Certificates], the Employer shall pay to the Contractor:
(i) the amount certified in each Interim Payment Certificate within 30
days after the Employer's Representative issues such Interim
Payment Certificate; and
(ii)
the amount certified in the Final Payment Certificate within 30 days
after the Employer receives this Payment Certificate.
(b)
(c)
(d)
Payment of the amount due shall be made into the bank account nominated
by the Contractor except as otherwise stated in the Contract and the
Contractor shall be responsible for and shall pay any bank transfer fees
arising out of or in connection with payments made by the Employer to the
Contractor pursuant to the Contract.
The Contractor undertakes to pay its Subcontractors and suppliers in
accordance with the provisions of the relevant contract and to ensure that
labourers employed in the execution of the Works, whether by the Contractor
or by its Subcontractors, are paid in accordance with their respective
contracts and the Laws.
Notwithstanding any other provision of the Contract, the Employer may
withhold from any payment due to the Contractor amounts the Employer
deems reasonably necessary or appropriate to protect it from liability or loss
because of any one or more of the following reasons:
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