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NCSCM Building Bid Document - Sicom

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(b)<br />

(c)<br />

The price adjustment shall be determined during each quarter from the formula given in the<br />

contract data.<br />

Following expressions and meanings are assigned to the work done during each quarter:<br />

R =<br />

Total value of work done during the quarter. It would include the amount of secured<br />

advance for materials paid for (if any) during the quarter, less the amount of the secured<br />

advance recovered, during the quarter. It will exclude value for works executed under<br />

variations for which price adjustment will be worked separately based on the terms<br />

mutually agreed.<br />

47.2 To the extent that full compensation for any rise or fall in costs to the contractor is not covered by the<br />

provisions of this or other clauses in the contract, the unit rates and prices included in the contract shall<br />

be deemed to include amounts to cover the contingency of such other rise or fall in costs.<br />

48. Retention<br />

48.1 The Employer shall retain from each payment due to the Contractor the proportion stated in the Contract<br />

Data until Completion of the whole of the Works.<br />

48.2 On Completion of the whole of the Works half the total amount retained is repaid to the Contractor and<br />

half when the Defects Liability Period has passed and the Engineer has certified that all Defects notified<br />

by the Engineer to the Contractor before the end of this period have been corrected.<br />

48.3 On completion of the whole works, the contractor may substitute retention money(balance half) with an<br />

“on demand” Bank guarantee.<br />

49. Liquidated Damages<br />

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in the Contract<br />

Data for each day that the Completion Date is later than the Intended Completion Date (for the whole of<br />

the works or the milestone as stated in the contract data). The total amount of liquidated damages shall<br />

not exceed the amount defined in the Contract Data. The Employer may deduct liquidated damages from<br />

payments due to the Contractor. Payment of liquidated damages does not affect the Contractor's<br />

liabilities.<br />

49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the Engineer shall<br />

correct any overpayment of liquidated damages by the Contractor by adjusting the next payment<br />

certificate. The Contractor shall be paid interest on the over payment calculated from the date of<br />

payment to the date of repayment at the rates specified in Sub Clause 43.1.<br />

50. Deleted<br />

51. Advance Payment<br />

51.1 The Employer shall make advance payment to the Contractor of the amounts stated in the Contract Data<br />

by the date stated in the Contract Data, against provision by the Contractor of an Unconditional Bank<br />

Guarantee in a form and by a bank acceptable to the Employer in amounts and currencies equal to the<br />

advance payment. The guarantee shall remain effective until the advance payment has been repaid, but<br />

the amount of the guarantee shall be progressively reduced by the amounts repaid by the Contractor.<br />

Interest will not be charged on the advance payment.<br />

51.2 The Contractor is to use the advance payment only to pay for Equipment, Plant and Mobilization<br />

expenses required specifically for execution of the Works. The Contractor shall demonstrate that<br />

51<br />

NCB.CW/W-2

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