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front cover page to tender documents - tamil nadu - Priasoft Login ...

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16.3 If the contrac<strong>to</strong>r shall fail <strong>to</strong> achieve completion of the works within the time<br />

prescribed by clause 15.1 hereof, than the contrac<strong>to</strong>r shall pay <strong>to</strong> the<br />

employer the sum stated in the contract as liquidated damages for such<br />

default and not as a penalty for every day or part of a day which shall elapse<br />

between the time prescribed by clause 15.1 hereof and the date of certified<br />

completion of the works. The Employer may, without prejudice <strong>to</strong> any other<br />

method of re<strong>cover</strong>y, deducts the amount of such damages from any moneys<br />

in his hand due or which may become due <strong>to</strong> the contrac<strong>to</strong>r. The payment or<br />

deduction of such damages shall not relieve the contraction from his<br />

obligation <strong>to</strong> complete the works of from any other of this obligations and<br />

liabilities under the contract.<br />

16.4 If before the completion of the whole of the works any part of section of the<br />

works has been certified by the Engineer as completed, pursuant clause<br />

hereof, and occupied or used by the employer the liquidated damages for<br />

delay shall for any period of delay after such certificate and in the absence of<br />

alternative provisions in the contract be reduced in the proportion which the<br />

value of the part or section so certified bears <strong>to</strong> the value of the whole of the<br />

works.<br />

16.5 Further <strong>to</strong> sub clause (2) above, if the contrac<strong>to</strong>r should fail <strong>to</strong> complete the<br />

separable portions of the works identified below or <strong>to</strong> complete the whole of<br />

the works within periods and dates specified under clause 23.10 the<br />

contrac<strong>to</strong>r shall pay <strong>to</strong> the employer, as fixed and agreed liquidated damages<br />

and not as penalty the such shown below for any calendar day or part of a<br />

calendar day of delay in the types and proportions of currencies as shall be<br />

payable <strong>to</strong> the contrac<strong>to</strong>r under the contract. However, if 95% of work is<br />

physically completed, it is constructed as fully completed only for enforcement<br />

of this clause.<br />

Sl.<br />

NO.<br />

1<br />

Section of<br />

works Physical<br />

completion<br />

(cumulative)<br />

Full work (Roads,<br />

Cross Drainage<br />

Works and<br />

Protective works)<br />

Time for<br />

completion<br />

(months)<br />

(cumulative)<br />

Delay up <strong>to</strong> 30 days<br />

Delay between 31-<br />

90 days<br />

Applicable amount of<br />

liquidated damages day<br />

Rs. 2,000/- day<br />

Rs. 5,000/- day<br />

For delays beyond 90 days,<br />

the work order will be<br />

Delay beyond<br />

cancelled, Security deposit<br />

90days<br />

forfeited and contrac<strong>to</strong>r black<br />

listed in addition <strong>to</strong> the<br />

penalty.<br />

Bidder Signature with Seal 24

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