public sector standard conditions of contract for design and build 2008

immediately vacate and surrender possession of the Site to the Employer, leaving allConstruction Equipment, Plant, Temporary Works, temporary buildings, structures,tools, goods, equipment and unfixed materials upon the Site, other than those whichthe Contractor may be specifically directed in writing by the Superintending Officerto remove.31.2 Effects of Termination for Default(1) In the event of the termination of the employment of the Contractor under Clause31.1, the Employer shall have the right to employ its own qualifiedprofessionals/persons and contractors to continue with the design, execution andcompletion of the Works. The Contractor shall, upon request by the SuperintendingOfficer, furnish such letter of release and hand over such information, drawings,specifications, designs and other documents and information as the SuperintendingOfficer shall require to enable the Employer to continue with the design, executionand completion of the Works.(2) The Employer or any other contractor appointed by him may use for completion ofthe Works any of the Construction Equipment, Plant, Temporary Works, temporarybuildings, structures, tools, goods, equipment and unfixed materials left upon the Sitepursuant to Clause 31.1 as the Employer may think proper. Further the Employer shallhave a lien over all of the said Construction Equipment, Plant, Temporary Works,temporary buildings, structures, tools, goods, equipment and unfixed materials andmay sell any of the same and apply the proceeds of sale in or towards the satisfactionof any sums due or becoming due to him from the Contractor under the Contract.(3) The Superintending Officer shall, as soon as may be practicable after suchrepossession of the Site by the Employer pursuant to this Clause, determine whatamount (if any) had, at the time of such repossession been reasonably earned by orwould reasonably accrue to the Contractor in respect of work then actually done byhim under the Contract, the value of any of the unfixed or partially fixed Plant,materials or goods, the value of any Construction Equipment, Temporary Works,temporary buildings, structures, tools or equipment and the amount received from anyproceeds of sale.(4) No sum shall be certified as due to the Contractor nor shall the Employer be liable topay to the Contractor any sum (including damages and amounts for which theEmployer was liable at the date of termination) in respect of the Contract until theexpiry of the Defects Liability Period of the whole of the Works and thereafter untilthe Superintending Officer has ascertained and certified an amount (called hereafter“the Employer’s Cost”) representing the total of the cost to the Employer ofcompletion and remedying of any Defects, damages for delay in completion (if any)as provided by Clause 31.3 or otherwise and all other expenses incurred by theEmployer. The Contractor shall then be entitled to receive only such sum (if any) asthe Superintending Officer may certify would have been payable to the Contractorupon due completion of the Works by the Contractor after deducting the Employer’sCost. If the Employer’s Cost exceeds the sum which would have been payable to theContractor upon due completion by the Contractor, then the Contractor shall, upondemand, pay to the Employer such excess and such excess shall be deemed a debt dueby the Contractor to the Employer and shall be recoverable accordingly.___________________________________________________________________________________Public Sector Standard Conditions of Contract for Design and Build (Fifth edition December 2008) 45