public sector standard conditions of contract for design and build 2008

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(g)Any notice of disagreement submitted by the Contractor in accordance withClause 20.2(2)(e) which is not dealt with or resolved by the SuperintendingOfficer's amendment in the next Payment Certificate shall be reconsideredby the Superintending Officer when the Superintending Officer issues theInterim Final Account in accordance with Clause 32.5(1) and (2).20.3 Provisional Sum ItemsWhere the Contractor is instructed by the Superintending Officer to execute or provide some orall of the Plant, materials, goods or work described as a Provisional Sum Item, the valuation ofthat instruction shall be made in accordance with Clause 20.1 (unless otherwise provided in theContract).20.4 Dayworks(1) The Superintending Officer may, if in his opinion it is necessary and desirable, orderin writing that any work to be carried out as a result of an instruction ordered underClause 19.2 shall be executed on a daywork basis.(2) The Contractor shall then be paid for such work at the daywork rates set out in theContract or if no such rates are available as provided, then at the rates determined bySuperintending Officer as prevailing when the work is actually carried out(3) It is a condition precedent to payment that the Contractor shall submit to theSuperintending Officer the daywork sheets specifying the number of man-hours spenton the work on a daily basis, and statement showing any Plant, ConstructionEquipment, material and goods necessary in respect of all works executed on adaywork basis for verification within 3 days after the work has been executed.(4) The Contractor shall inform the Superintending Officer in advance whenever heproposes to carry out works on a daywork basis.___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 32
21 MEASUREMENT21.1 Contractor to Attend MeasurementThe Superintending Officer shall give reasonable notice to the Contractor when he requires anypart of the Works to be measured. The Contractor shall then:(a)(b)forthwith attend or send a properly qualified and authorised representative to takejointly with the Superintending Officer any measurements of the Works that may benecessary for the purposes of any valuation, including the valuation of any variation;andsupply documents and information necessary for the taking or calculation of anymeasurement and all other particulars that may be reasonably required by theSuperintending Officer for the purposes of establishing an agreed measurement.21.2 Contractor to Provide AssistanceThe Contractor shall at his own cost provide the Superintending Officer with assistance andwith every appliance necessary for measuring the Works.21.3 Record of MeasurementsAny measurements taken jointly shall be recorded at the time and signed by the representativeof the Contractor and the Superintending Officer. If the Contractor does not attend or send arepresentative to take the measurements jointly with the Superintending Officer, themeasurements made by the Superintending Officer notified in writing to the Contractor shall betaken to be correct and shall be final and binding on the Contractor.21.4 Failure to Agree MeasurementsIf the Contractor attends or sends a representative but there is no agreement on the whole orpart of the measurements, the Contractor shall notify in writing the Superintending Officerwithin 14 days of the date upon which the measurements were taken of the respects in whichthe measurements taken by the Superintending Officer are not accepted as correct. Such noticeshall set out in detail the documents and other information in justification.22 CLAIMS FOR LOSS AND EXPENSE22.1 Reasons for Loss and ExpenseThe Contractor shall be entitled to recover as Loss and Expense sustained or incurred by himand for which he would not be reimbursed by any other provision of the Contract, all loss,expense, costs or damages of whatsoever nature and howsoever arising as a result of the regularprogress and/or completion of the Works or any phase or part of the Works having beendisrupted, prolonged or otherwise materially affected by:(a)the issue of an instruction for a variation;___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 33
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 and 24: 7.3 Cost of ComplianceThe Contracto
Page 25 and 26: 10 QUALITY IN CONSTRUCTION10.1 Plan
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: 20.2 Agreement on Valuation(1) The
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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