public sector standard conditions of contract for design and build 2008

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(2) Within 30 days of receiving the programme and any further particulars andinformation required in relation to it, the Superintending Officer shall notify theContractor in writing if it is accepted or unacceptable. If the Contractor is not sonotified, the programme shall be deemed to be accepted.(3) If the programme is not acceptable to the Superintending Officer, he shall notify inwriting the Contractor of his reasons for rejecting it and the Contractor shall within 14days of receiving such notification submit a programme acceptable to him. Subject toClause 31.1, the Superintending Officer shall within a further 14 days of thesubmission of such further programme notify the Contractor in writing whether suchfurther programme is accepted or unacceptable. If the Contractor is not so notified,such further programme shall be deemed to be accepted. If it is not acceptable, thenthe same procedure as set out above shall apply.9.2 Revision of ProgrammeShould it appear to the Superintending Officer at any time that the actual progress of the Worksdoes not conform with the programme accepted under Clause 9.1, the Superintending Officermay instruct in writing the Contractor to supply additional particulars or to submit a revised ormodified programme (or both) in order to show and to ensure completion of the Works withinthe Time for Completion. The Contractor shall comply with such an instruction within 7 daysor such other period as the Superintending Officer may specify in the instruction.9.3 Acceptance of ProgrammeThe acceptance by the Superintending Officer of the programme or of any revised or modifiedprogramme shall not relieve the Contractor of any of his obligations to execute and completethe Works in accordance with the Contract and by the Time for Completion, and suchacceptance shall not be construed as the grant of an extension of time under Clause 14 or as awaiver of or fetter on the exercise by the Superintending Officer of his powers under Clause 15or by the Employer or the Superintending Officer under Clause 31.9.4 Failure to Submit Adequate ProgrammeIn the event that the Contractor fails to comply with Clauses 9.1 and/or 9.2, without prejudiceto any other rights and remedies which may be available to the Employer or the SuperintendingOfficer, the Superintending Officer shall have the power to certify that ten percent (10%) of allmoneys that may be due to the Contractor as interim payments be retained by the Employer, inaddition to such other retentions as may be allowed under the terms of this Contract, until suchtime that the Superintending Officer is satisfied that the Contractor has complied with therequirements of Clauses 9.1 and/or 9.2. The amount retained by the Employer shall only bereleased to the Contractor, without interest, upon a certificate by the Superintending Officerthat it may be paid.___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 16
10 QUALITY IN CONSTRUCTION10.1 Plant, Materials, Goods and Workmanship(1) All Plant, materials, and goods shall be of good quality and of their respective kindsdescribed in the Contract, be suitable and fit for the purpose for which they arerequired under the Contract and in accordance with the instructions of theSuperintending Officer and shall in all cases conform with any contractual descriptionor specification contained in the Contract.(2) All workmanship shall be of a good standard and without prejudice to the aforesaid,of the standard contained or referred to in the Contract and in accordance with theinstructions of the Superintending Officer.(3) All Works shall be carried out in a good and workmanlike manner.(4) All Plant, materials, goods, workmanship and Works shall be subjected from time totime to such tests as the Superintending Officer may by instruction require at the placeof manufacture, fabrication or preparation, or on the Site or at such other place orplaces as may be specified in the Contract, or at all or any of such places.(5) No manufactured Plant, goods or equipment shall be modified or varied in any wayunless:(a)(b)such modifications will not affect the manufacturer’s warranty given; andthe Contractor obtains the approval in writing of the Superintending Officerfor the carrying out of such modifications.10.2 Contractor to Provide Everything Necessary for TestingThe Contractor shall provide everything necessary as are required for examining, measuringand testing any Plant, materials goods or workmanship and shall supply samples of materials,before incorporation in the Works, for testing as may be selected and required by theSuperintending Officer.10.3 Cost of SamplesSave as otherwise expressly provided in the Contract, samples shall be supplied by theContractor at his own cost.10.4 Cost of TestThe cost of making any test required by the Superintending Officer shall be borne by theContractor if the need for such a test is provided in the Contract (unless the Contract providesotherwise) or if the test is in the opinion of the Superintending Officer required in consequenceof some prior failure or breach of contract or other default of the Contractor. The cost ofmaking any test which is not so required shall be borne by the Contractor only if the test showsthat the relevant Plant, materials, goods or workmanship were not in accordance with theContract or did not meet the Superintending Officer's instructions or satisfaction. If the testshows otherwise, then subject to compliance by the Contractor with Clauses 14, 23 and 32 theSuperintending Officer may grant an extension of time pursuant to Clause 14 and may certify___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 17
Page 1 and 2: PUBLIC SECTORSTANDARD CONDITIONS OF
Page 3 and 4: CONTENTSPage1 Definitions and Inter
Page 5 and 6: Page11 Administration11.1 Days and
Page 7 and 8: Page24 Construction Equipment, Temp
Page 9 and 10: PUBLIC SECTORSTANDARD CONDITIONS OF
Page 11 and 12: (iii)(u)(v)(w)(x)(y)(z)(aa)(ab)(ac)
Page 13 and 14: the same effect as though it had be
Page 15 and 16: 3.3 Drawings to be Kept on SiteOne
Page 17 and 18: (d)(e)the Contractor shall be fully
Page 19 and 20: 4.5 Sufficiency of Tender(1) The Co
Page 21 and 22: 6 WORKS DESIGNED BY THE CONTRACTOR6
Page 23: 7.3 Cost of ComplianceThe Contracto
Page 27 and 28: (c)To remove from the Site any Plan
Page 30: subject to Clause 14, may grant the
Page 33 and 34: Superintending Officer at the time
Page 35 and 36: Provided that the Superintending Of
Page 37 and 38: 18.4 Contractor to SearchIf any Def
Page 39 and 40: 20.2 Agreement on Valuation(1) The
Page 41 and 42: 21 MEASUREMENT21.1 Contractor to At
Page 43 and 44: (2) The fact that the Contractor do
Page 45 and 46: 24.3 Employer not Liable for Damage
Page 47 and 48: 26 INDEMNITY PROVISIONS26.1 Injury
Page 50 and 51: Employer's interest is endorsed the
Page 52 and 53: (e)(f)has acted in breach of Clause
Page 54 and 55: 31.3 Liquidated Damages after Termi
Page 56 and 57: 32.2 Payment Certificates(1) Within
Page 58 and 59: (3) The Superintending Officer shal
Page 60 and 61: (5) If any dispute, difference or q
Page 62 and 63: 35.2 Reference to ArbitrationIf eit
Page 64 and 65: (3) Except as provided in Clause 37
Page 66: OPTION MODULE AUNUSED MATERIALS OR

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