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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 />

Representative to inspect all these records, and shall (if instructed) submit<br />

copies to the Employer's Representative.<br />

(g)<br />

Within 28 days after the Contractor has given a Claim Notice in accordance<br />

with either Sub-Clause 20.1(a) or 20.1(c), the Contractor shall give to the<br />

Employer's Representative a fully detailed claim which shall include full<br />

supporting particulars <strong>of</strong> the basis <strong>of</strong> the claim including:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

(vi)<br />

(vii)<br />

(viii)<br />

the material circumstances <strong>of</strong> the event including the cause or<br />

causes;<br />

the legal basis <strong>of</strong> the claim;<br />

the nature and extent <strong>of</strong> any delay;<br />

the nature and extent <strong>of</strong> any resultant additional Costs;<br />

the corrective action already undertaken or to be undertaken;<br />

the effect on the critical path noted on the Contract Programme,<br />

including any Milestone Dates;<br />

the period, if any, by which in its opinion the Time for Completion<br />

should be extended;<br />

the adjustment, if any which in its opinion should be made to the<br />

Contract Price; and<br />

(ix) a statement that it is a further notice pursuant to this Sub-Clause 20.1.<br />

(h)<br />

(i)<br />

(j)<br />

If the Contractor fails to give a final Claim Notice in accordance with Sub-<br />

Clause 20.1(g) duly completed and signed including all the particulars<br />

required within 28 days <strong>of</strong> giving a Claim Notice in accordance with Sub-<br />

Clauses 20.1(a) or 20.1(c), the Time for Completion shall not be extended,<br />

the Contractor shall not be entitled to additional payment or Costs, the<br />

Contractor shall be deemed to have waived its entitlement to make such<br />

claim, and the Employer shall be discharged from all liability arising out <strong>of</strong> or<br />

in connection with the claim and the Contractor shall comply with its<br />

obligations to perform the Works by the Time for Completion and for the<br />

Contract Price.<br />

Within 42 days after receiving the fully detailed claim in accordance with Sub-<br />

Clause 20.1(g), or within such other period as may be agreed in writing<br />

between the Parties, the Employer's Representative shall respond with<br />

approval, or with disapproval and detailed comments. The Employer's<br />

Representative may also request any necessary further particulars.<br />

The Employer's Representative shall proceed in accordance with Sub-Clause<br />

3.5 [Determinations] to agree or determine:<br />

(i)<br />

the extension (if any) <strong>of</strong> the Time for Completion (before or after its<br />

expiry) in accordance with Sub-Clause 8.4 [Extension <strong>of</strong> Time for<br />

Completion];<br />

© UNOPS 2011 120

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