public sector standard conditions of contract for design and build 2008

6.3 Submission of Documents after CompletionUpon the Date of Substantial Completion (or the latest Date of Substantial Completion if thereis more than one Date of Substantial Completion), the Contractor shall submit for theacceptance of the Superintending Officer operation and maintenance manuals together withDrawings of the Permanent Works designed by the Contractor as completed in sufficient detailto enable the Employer to operate, maintain, dismantle, reassemble and adjust the PermanentWorks incorporating such design.6.4 Amendment and Modification of Accepted DesignThe Superintending Officer may instruct the Contractor at any time, before, during or after theexecution or completion of the Works to amend or modify the design provided by theContractor in respect of any deficiency of any kind or nature discovered by the SuperintendingOfficer and to carry out such work as is necessary to give effect to such amended or modifieddesign in accordance with the Superintending Officer's instruction. All work necessary(including re-design work) or variations required as a result of such an instruction and theircosts shall be the entire responsibility of and shall be borne by the Contractor.7 NOTICES AND FEES7.1 GenerallyThe Contractor shall comply with and give notices required by any law, regulation or by-law,or by any public authority or public service company, relating to the Works or, in the case of apublic authority or public service company, with whose systems the same are or will beconnected. The Contractor shall pay and indemnify the Employer against any fees or chargesimposed by law, regulation or by-law, or by any public authority or public service company inrespect of the Works.7.2 Variations Arising from ComplianceThe Contractor shall, before making any variation from the Contractor’s Proposals necessitatedby the compliance with Clause 7.1, give to the Superintending Officer notice in writingspecifying and giving the reasons for such variation and applying for instructions in referencethereto. Provided that if the Contractor does not receive instructions from the SuperintendingOfficer within 7 days from the date of the receipt of his application by the SuperintendingOfficer, he shall proceed with the Works conforming to the law, regulation, by-law orrequirements of the public authority or public service company in question. Any variationnecessitated as aforesaid which could not have been reasonably foreseen by an experiencedcontractor at the time of submission of the Tender (and if it is not required by or inconsequence of any deficiency or fault in the design) shall be deemed a variation under Clause19 and dealt with as such.___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 14