bangladesh power development board tender document for ... - BPDB

(a) decides that any work done or Plant supplied or materials used bythe Contractor or any Subcontractor is or are defective or not in accordancewith the Contract or that the Work or any portion thereof are defective ordo not fulfill the requirements of the Contract.(b) as soon as reasonably practicable gives to the Contractor notice inwriting of the said decision, specifying particulars of the defects alleged andof where the same as alleged to exist or to have occurred, and(c) so far as may be necessary places the Work at the Contractor'sdisposal, then the Contractor shall with all speed and at his own expensemake good the defects so specified. In case the Contractor shall fail to dothe Engineer may provided he does so without undue delay, take, at thecost of the Contractor, such steps as may in all circumstances be reasonablypracticable to make good such defects.The Contractor shall be entitled to remove and retain all Work that the Engineermay have replaced at the Contractor's cost.Nothing contained in this Clause will affect any claim by the Board under Clause45.0 (Liquidated Damages).34.0 SUSPENSION OF THE WORKThe Board reserves the right to suspend and reinstate execution of the whole orany part of the Work without invalidating the provisions of the Contract. Orders forsuspension or reinstatement of the Work will be issued by the Board to theContractor in writing. The time for completion of the Work will be extended for aperiod equal to the duration of the suspension. Changes in Contractor's ContractPrice or delivery schedules which occur during a period of suspension ordered bythe Board shall not affect the Contract except as agreed by the Board and theContractor. The phrase "changes in delivery schedule" as used in the precedingsentence shall mean extension of the scheduled time of delivery in excess of thenumber of days of the suspension period. If the Contractor proposes to changeTime Schedule of the Contract, he shall present his proposal to the Board Inwriting. During the sixty (60) days period from and after the receipt by the Boardof such written proposal, the Board shall be permitted to reinstate the Workwithout change. If the Work is not reinstated during this sixty (60) days period,the Board and the Contractor shall agree upon reasonable and proper changes orthe Board may terminate the Works.Any necessary and demonstrable costs incurred by the Contractor as a result ofsuspension of the Work will be paid by the Board, unless otherwise specified,provided such costs are substantiated to the satisfaction of the Board.35.0 COMMENCEMENT OF THE WORKThe Contractor shall commence the work immediately after effectiveness of theContract and shall proceed with the Work with due expedition and without delay inaccordance with the provisions of the Contract Schedule except as may beexpressly authorised or ordered by the Engineer or be wholly beyond the82