public sector standard conditions of contract for design and build 2008

11.3 Removal of Workmen and Other PersonnelThe Contractor shall use or employ in and about the execution of the Works only such personsas are careful, skilled and experienced in their respective vocations, trades and callings and theSuperintending Officer shall be at liberty to object to and require the Contractor to removeimmediately from the Works any such person employed by the Contractor in or about theexecution of the Works who in the opinion of the Superintending Officer misconducts himselfor is incompetent or negligent in the proper performance of his duties and whose continuedpresence is undesirable or unacceptable. Such persons shall not be again used or employedupon the Works without the prior written permission of the Superintending Officer.11.4 Access for Superintending OfficerThe Superintending Officer and any person authorised by him to examine or inspect the Worksshall at all reasonable times have access to the Works and to the factories, workshops or otherplaces where any Plant, materials, goods or work are being fabricated, prepared or stored forthe Contract. The Contractor shall ensure that sub-contracts shall contain provisions entitlingthe Superintending Officer and any person authorised by him to have such access.12 POSSESSION OF SITE AND COMMENCEMENT OFWORKS12.1 Commencement of WorksThe Contractor shall commence the Works:(a)(b)on the date specified in the Letter of Acceptance; orif no date is specified in the Letter of Acceptance, on the date specified in aninstruction in writing to that effect from the Superintending Officer.Thereafter the Contractor shall proceed with due diligence and expedition and without delay inaccordance with the Contract and in accordance with the programme or any revised ormodified programme accepted by the Superintending Officer pursuant to Clause 9. The Timefor Completion shall run from the date on which the Contractor is to commence the Worksunder this Clause.12.2 Site PossessionSave insofar as the Contract may expressly provide, the Employer shall, on or before the datewhen the Contractor is to commence the Works pursuant to Clause 12.1, give to the Contractorpossession of so much of the Site as may be required to enable the Contractor to commence theconstruction of the Works and will from time to time as the Works proceed give to theContractor possession of such further portions of the Site as may be required to enable theContractor to proceed with the construction of the Works in accordance with the Contract. TheContractor's licence to occupy and use the Site for the purposes of carrying out the Works shallnot be exclusive and shall be subject to the Employer's rights under Clause 12.5 and asotherwise provided in the Contract to enter so much of the Site as may not be required by theContractor for the purposes of the Works either because a phase or part of the Works has beencompleted (whether or not a Certificate of Substantial Completion has been issued in respectsuch phase or part) or because work is not actively being carried out on that phase or part of theWorks at that time.___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 20