General Conditions of

Contract for Construction

THIRD EDITION 2015
Outcomes

• Relevance of the GCC 2015 contract

• What is a Contract?
• What is the GCC 2015?
• The ‘works’ contracts natural and incidental terms
• Provisions of the contract including, but not limited to,
• Usage, formation and composition
• Communications (contract management)
• Instructions and changes (variations)
• Valuation and payment
• Compensation processes
• Disputes and Terminations

Contract Centric Systems 2

Contracts Prescribe by the CIDB
CIDB Standardization Gazette July 2015

Contract Centric Systems 3

 CIDB Prescribed
Standard Contracts

Contract Centric Systems 4

Normative Reference

2.1 Conditions of Contract for Construction for Building and

Engineering Works designed by the Employer (“Red Book”) (1999) as
published by the International Federation of Consulting Engineers
(FIDIC).
2.2 Conditions of Contract for Plant and Design-Build for Electrical and
Mechanical Plant and for Building and Engineering Works, designed by
the Contractor (“Yellow Book”) (1999) as published by the
International Federation of Consulting Engineers (FIDIC).
2.3 Conditions of Contract for EPC Turnkey Projects (“Silver
i.e most Book”)
of FIDIC
(1999) as published by the International Federation of Consulting
New Suite - “First Edition 1999”
Engineers (FIDIC). • The Construction Contract
• Theand
2.4 Conditions of Contract for Design, Build Plant and Design-Build
Operate Projects
(“Gold Book”) (2008) as published by the Contract
International Federation of
Consulting Engineers (FIDIC). • The EPC/Turnkey Contract
• Gold Book
• The Short Form
Contract Centric Systems 5
 Normative Reference

2.5 Contract for the Supply and Delivery of Goods as published by the
Construction Industry Development Board (1019).
2.6 General Conditions of Contract for Construction Works (Third Edition
2015) as published by the South African Institution of Civil Engineering.
2.7 General conditions Of purchase as published by the Construction
Industry Development Board (1018).
2.8 JBCC Series 2000 Principal Building Agreement (Edition 6.1: March
2014) as published by the Joint Building Contracts Committee.
2.9 JBCC Series 2000 Minor Works Agreement (Edition 5.1: March 2014)
as published by the Joint Building Contracts Committee.
GCC 2015 (Third
Edition)
JBCC 6.1
CIDB Supply
Contract Centric Systems 6
Normative Reference

2.10 NEC3 Engineering and Construction Short Contract as published

by the Institution of Civil Engineers.
32.11 NEC3 Engineering and Construction Contract as published by
the Institution of Civil Engineers.
2.12 NEC3 Professional Services Contract as published by the NEC3
Institution of Civil Engineers. • ECC3
• ECSC3 of
2.13 NEC3 Term Services Contract as published by the Institution
Civil Engineers • PSC3
• TSC3
2.14 NEC3 Term Services Short Contract as published by the Institution
• TSSC3
of Civil Engineers

Contract Centric Systems 7

The Contract, components and
formation

Contract Centric Systems 8

Legal System
 Sources of Law
 The Constitution
 Legislation
 Roman-Dutch Law
 Judicial Precedent
 Custom
 Persuasive Sources
Branches of South African Law
Branches of South
African Law

International National Law

Law

Public Private Law Public Law

1 Law of persons 1 Constitutional law
Private 2 Law of things 2 Administrative law
3 Law of obligations 3 Criminal law
a Law of delict
b Law of contract
Think of Contract Law and Contracts as being
layered
Agreement Incidental
- Text
Conditions
of Contract Nominate
Contracts
Scope of
Work
General
Contract principles
Data Contract Centric Systems 11
What is a Contract?

Six (6) Requirements Tool Contract is a binding legal

relationship that may be
defined as -
1. Agreement • An Agreement
2. Contractual Capacity • Between two or more legally
3. Intention to be bound competent persons (often a
buyer and a seller)
4. Lawful
• Intending to create binding
5. Possible
obligations
6. Formalities
• To make some lawful and
possible performance
• That Complies with any legal
or agreed formalities (if any)
Agreement
Offer Acceptance
 Statement of Intention  In Response to Offer
 Communicated
 Definite and Complete
 Unconditional
 Contemplate Acceptance  Communicated
 Open for Acceptance  By Offeree
 Revocability of Offer  To Offeror
 Rejection  Manner Prescribed (if any)
 Counter offer
 Acceptance is unclear or not communicate
 Express
in the time or manner stipulated  Tacit
 Expiry of the prescribed or reasonable
time  Postal (Expedition)
 Revocation
 Deemed
 Death or legal incapacity of either party
 Impossibility  Principle of Finality of Acceptance
Parties to a Contract

• Natural
• Major
• Minor
• Artificial
• Company
• Close Corporation
• Partnership
• Joint Ventures
• Agents
Lawful & Possible

Possible
Lawful
• conclusion • Absolute
• performance • Ab Initio / Supervening
• object • Relative
• legislative enactment • Obligation
• common law • alternative
• good morals/public policy • facultative
• generic
• Divisible
What is a works contract?
Essential Terms Natural terms
• Duties of Contractor (Lessee)
• Agreement to let and hire • Commence work in a reasonable time
• Complete work in a reasonable time
work
• Use reasonable skill, care and diligence
• Work relates to a corporeal • Use suitable materials
thing • Comply with legislation
• Time (agreed or • Repair patent defects
determinable) • Warranty against latent defects
• Remuneration (agreed or • Return premises in similar condition in which
received
determinable)
• Independence • Duties of Lessor (Employer)
• Provide access to site in reasonable time
• Co-operate to enable completion and delivery
• Pay Remuneration
 Contracts are projects

• Project Knowledge Areas

• Integration Management
• Scope Management PMBoktm
• Time Management
• Cost Management Project Knowledge Areas
• Quality Management
• Human Resource Management
• Communication Management
• Risk Management
• Procurement Management
Triangle of Contract Risk

Scope
[aka
Performance
Quality
Technical]

Risk
Time
Schedule
Cost
Negative Mal-
performance
Damages
 Contracts are …
• Business inputs and outputs
• Risk & Quality Management documents Accept

• Customer services tools

• Performance management tools
Transfer Avoid

Control
The Basis of
Contract Management & Drafting
The Risk Management Process Model
Tenders & Formation
Under CIDB Regulations

As Prescribed by the CIDB

Contract Centric Systems 21

 Maxi Security / SA Post Office 2013 (2) SA
SCA
• Claim by Maxi Security R14million breach of
contract, losses as a result of Post Office
repudiation of contract.
• TENDER, LETTER OF ACCEPTANCE, send by
Post Office to Maxi Security.
• LETTER OF ACCEPTANCE – contained words
“subject to”.
• COURT HELD:- the words subject to in a letter of
acceptance was understood in the contractual
context as introducing some other condition – 29
which then makes the LETTER OF ACCEPTANCE
a COUNTER OFFER.
Contract Centric Systems
 GCC 2015 Contract
South African Institution of Civil
Engineers
General Conditions of Contract for
Construction Work (Third Edition) 2015

Contract Centric Systems 30

South African Institution of Civil Engineers

SAICE formed in 1903

New Logo 1954
SAICE document versions include –
• GCC 1982 (5th Edition)
• SAICE GCC COLTO 1998
• GCC 2004
• GCC 2010 (Second Edition)
& Management Guide
• GCC 2015 (Third Edition)

• Intent – part of Standard of

Uniformity in Construction
Procurement
• FIDIC
• NEC3
• JBCC 5.0 Series 2000 (now 6.1)
• GCC 2010 (now 2015)

Contract Centric Systems 31

 Other documents used with GCC 2015
• CIDB / SANS 294-2004
• Standard form of tender invitation
• Documents not
• Form of Offer and Acceptance provided by SAICE
• Contract Data with GCC 2015
• Part 1: Data provided by Employer
• Part2: Data provided by Contractor
• Small works [none
• GCC 2012 – The General
suggested]
Condition of Contract • Subcontract
• Performance Guarantee • SAFCEC - General
Conditions of Subcontract
• Adjudication • BIFSA – Standard
• Disclosure statement (adjudication Subcontract Agreement
board member)
• Adjudication Board Member 2000
Agreement
• Adjudication Board Rules
• Professional Services
• PROCSA – Client Consultant
Professional Services
Agreement

Contract Centric Systems 32

 Application of GCC 2015
Suitable for
• Engineering and
Construction Works
• Design by
Employer/Consultant &
Construct
• Design & Build by the
contractor [P&DB]
• Building Work
• Combination
• Fixed price (Lump Sum) or
• Re-measurement (ad-
measured)
• Not suitable for Cost
Contracts
• Not suitable for time based
assignments
Contract Centric Systems 33
 SANS 294
1. General 3. Employers undertakings
1. Actions 1. Opening of tender submissions
2. Tender Documents [see next slide] 2. Two envelope system
2. Tenderers obligations 3. Non-disclosure
4. Grounds for rejection and disqualification
1. Eligibility
5. Tests for responsiveness
2. Cost of tendering
6. Arithmetic errors
3. Check Documents
7. Clarification of tender offer
4. Confidentiality
8. Evaluation of tender offers
5. Reference documents
9. Insurance provided by the employer
6. Acknowledge addenda
10. Acceptance of tender offer
7. Site visit and clarification meeting
11. Notice to unsuccessful tenderers
8. Seek clarification
12. Prepare contract documents
9. Insurance
13. Issue final contract
10. Pricing tender offer
14. Complete adjudicators contract
11. Alteration of documents
15. Provide copies of the contract
12. Alternative tender offers
13. Submitting the tender offer
14. Information and data to be completed in all respects
15. Closing time
16. Tender offer validity
17. Clarification of tender after submission
18. Provide other material
19. Inspections tests and analysis
20. Submit securities, bonds policies etc.
Check final draft
21. Return of other tender documents
22. Certificates

Contract Centric Systems 34

General 1.2 [Tender documents]
T1 Tendering procedures
T1.1 Tender Notice and Invitation to Tender
T1.2 Tender Data
T2 Returnable documents
T2.1 List of Returnable Documents
T2.2 Form of Offer and Acceptance
T2.3 Contract Data
T2.4 Activity Schedule / Bill of Quantities
T2.5 Returnable Schedules
C1 Agreement and Contract Data
C1.1 Form of Offer and Acceptance
C1.2 Contract Data(if not included in volume 2)
C2 Pricing data
C2.1 Pricing Instructions
C3 Scope of Work
C3.1 Scope of Work
C4 Site information (engineering and
construction works contracts only)
C4 Site Information

Contract Centric Systems 35

General Layout of a GCC 2010 Contract

• Form of Offer and Acceptance (CIDB/SANS 294)

• Contract Data
• Prepared by Employer
• Prepared by Contractor
• General Conditions
1. General
2. Basis of Contract
3. Engineer
4. Contractor’s general obligations
5. Time and related matters
6. Quality and related matters
7. Risk and related matters
8. Termination of contract
• Pricing data
• Scope of Work
• Site Information

Contract Centric Systems 36

 Contract Data the Employer provides
when requesting tenders
CONDITIONS OF CONTRACT
The General Conditions of Contract for Construction Works, Second Edition, 2010, published by the South African
Institution of Civil Engineering, Private Bag X200, Halfway House, 1685, is applicable to this Contract and is
obtainable from www.saice.org.za .
CONTRACT SPECIFIC DATA
The following contract specific data, referring to the General Conditions of Contract for Construction Works,
Second Edition, 2010, are applicable to this Contract:
Compulsory Data
Clause 1.1.1.13: - The Defects Liability Period is ... A time measured from the date of the Certificate of
Completion. add
Clause 1.1.1.14: - (Omit if the Contractor is to state the time for achieving Practical Completion).
The time for achieving Practical Completion is ... A time measured from the Commencement
Date. add
Or, if Practical Completion in portions is required,
The times for achieving Practical Completion for the portions as set out in the Scope of Works
are: For portion 1 within …. followed by further portions as required
The time for achieving Practical Completion of the whole of the Works is ...
Clause 1.1.1.15: - The name of the Employer is ... The legal name of the Employer.
Clause 1.1.1.26: - The Pricing Strategy is ... Either Re-measurement Contract or Fixed Price Contract.
Clause 1.2.1.2: - The address of the Employer is ... The physical address, postal address, e-mail address and/or
fax number where the Employer will receive notices.
Clause 1.1.1.16: The name of the Engineer is ... The legal name of the Engineer
Contract Centric Systems 37
 Contract Data the Employer provides
Clause 1.2.1.2: - The address of the Engineer is ... The physical address, postal address, e-mail address and/or
fax number where the Engineer will receive notices
Clause 5.3.1: - The documentation required before commencement with Works execution are:
:Health and Safety Plan (Refer to Clause 4.3)
:Initial programme (Refer to Clause 5.6)
:Security (Refer to Clause 6.2)
:Insurance (Refer to Clause 8.6) . .. Other requirements
Clause 5.3.2: - The time to submit the documentation required before commencement with Works execution
is ... days. A reasonable time is 28 days.
Clause 5.8.1: - The non-working days are ... Usually Sundays
The special non-working days are:
(1) Usually the public holidays or a selection of the public holidays, for example certain religious
holidays.
(2) The year end break commencing on ... and ending on ....
Clause 5.13.1: - The penalty for failing to complete the Works is ... Monetary value per day Or, if completion in
portions is required,
The penalty for failing to complete portion 1 of the Works is .... followed by further portions as
required.
The penalty for failing to complete the whole of the works is .....
Clause 5.16.3: - The latent defect period is ... Usually 10 years for civil engineering works, 5 years for building
works but shorter for certain electrical and mechanical engineering works.
Clause 6.5.1.2.3: - The percentage allowance to cover overhead charges is ... Omit if the Contractor is to state the
overhead charges, otherwise state the percentage value.
Contract Centric Systems 38
 Contract Data the Employer provides

Clause 6.10.1.5: - The percentage advance on materials not yet built into the Permanent Works is ... A percentage.
Clause 6.10.3: - The limit of retention money is ... A monetary value usually decided in conjunction with the security to be provided
in terms of Clause 6.2. 1. For financially stronger contractors the liability for the performance guarantee is usually a
higher percentage with the limit of retention money at a lower amount
Clause 8.6.1.1.2: - The value of Plant and materials supplied by the Employer to be included in the insurance sum is ... Monetary
value.
Clause 8.6.1.1.3: - The amount to cover professional fees for repairing damage and loss to be included in the insurance sum is ...
Monetary value.
Clause 8.6.1.3: - The limit of indemnity for liability insurance is ... Monetary value.
Clause 10.5.3 - The number of Adjudication Board Members to be appointed is ... Either one or three.

Optional data Only the statements applicable to the options chosen should be completed
Clause 1.3.2: - If the governing law is not the law of South Africa then: The governing law is ... the law of the applicable country or
jurisdiction.
Clause 1.3.3: - If the language of the Contract and for written communications is not English, then:
The language of the Contract and for written communications is ... the applicable language.
Clause 3.1.3: - If the Engineer must get specific approval from the Employer for the execution of any part of his functions or duties
then:
The Engineer shall obtain the specific approval of the Employer before executing any of his functions or duties
according to the following Clauses of the General Conditions of Contract:
1.Clause ... number, function or duty and if required, the financial or other limit applicable.
2 Further Clauses as required
Please note that getting specific approval from the Employer will delay decision-making and this may increase the
completion time and cost of the Works.
Clause 5.4.2: - If the access and possession of the Site is not exclusive to the Contractor then:
The access and possession of Site shall not be exclusive
Contract Centricto the Contractor but as set out in the Site Information.
Systems 39
 Contract Data the Employer provides
Clause 6.8.2: - If the value of payment certificates is to be adjusted by a Contract Price Adjustment Factor then:
The value of the certificates issued shall be adjusted in accordance with the Contract Price Adjustment Schedule with
the following values: If the value of x is not 0.1 then:
The value of “x” is ... the portion, expressed as a decimal of unity, not subject to adjustment.
The values of the coefficients are:
a = … Labour
b = … Contractor's equipment
c = …. Material
d = … Fuel Please note that the total of all the coefficients must equal 1.0
The province wherein the larger part of the Site is located is ... Select the province for which the Labour Index would be
applicable from Statistical News Release, P0141, Table A.
The applicable industry for the Producer Price Index for materials is ... Select the applicable industry from Statistical
News Release, PO 142. 1, Table 11.
The area for the Producer Price Index for fuel is ... Select the area from Statistical News Release, P0142. 1, Table 12.
The base month is ... month and year prior to the closing of the tender.
Clause 6.8.3: - If price adjustments for variations in the costs of special materials are allowed then:
Price adjustments for variations in the costs of special materials are allowed.
Clause 8.6.1: - If a completely different type of insurance scheme than the scheme, with additions, stated in the General Conditions of
Contract is required, then:
Delete Clause 8.6.1 and replace it with ... The requirements and/or details of the insurance scheme. If the Employer is
to arrange the insurance, details of the insurance should be given to allow the Contractor to arrange further insurance
he might require.
Clause 8.6.1.2: - If special risk insurance from SASRIA is not required then:
A Coupon Policy for Special Risks Insurance issued by the South African Special Risks Insurance Association is not
required.
Clause 8.6.1.5: - If additional insurance is required then:
In addition to the insurances required in terms of General Conditions of Contract Clauses 8.6.1.1 to 8.6.1.4 the
following insurance is also required ... The requirements and/or details of the additional insurance.
Clause 8.6.5: - If insurance is to be effected with an insurance company not necessarily in South Africa then:
The insurances shall be effected with an insurance company registered in ... any country or name of country. Clause
10.5.1:- If the preferred method of dispute resolution is by standing adjudication instead of ad-hoc adjudication
then: Dispute resolution shall be by standing adjudication.
Clause 10.7.1: - If the preferred method for the determination of disputes is arbitration instead of litigation then: The determination of
disputes shall be by arbitration.

Contract Centric Systems 40

 Contract Data the Contractor gives when
tendering
Clause 1.1.1.9:- The name of the Contractor is ... The legal name of the Contractor.
Clause 1.2.1.2: - The address of the Contractor is ... The physical address, postal address, e-mail address and/or fax number where
the Contractor will receive notices.
Clause 1.1.1.14:- (Omit if the Employer is to state the time for achieving Practical Completion).
The time for achieving Practical Completion is ... A time measured from the Commencement Date.
Or, if Practical Completion in portions is required,
The times for achieving Practical Completion for the portions as set out in the Scope of Works are:
For portion 1 within … followed by further portions as required
The time for achieving Practical Completion of the whole of the Works is ...
Clause 6.2.1 : -

Contract Centric Systems 41

 Contract Data the Contractor gives when
tendering
Note: In the Standard for Uniformity in Construction Procurement in section 4.4.4.4 it is stated that:
“Retention monies that are held shall not exceed 10% of any amount due to a contractor. Where
guarantees of an insurance company or bank that are provided are equal to or greater than 10% of
the contract price, the total amount of retention monies held shall not exceed 5% of the contract
price. “
Clause 6.5.1.2.3: - The percentage allowance to cover overhead charges is ... Omit if the Employer is to state the
overhead charges, otherwise state the percentage value.
Clause 6.8.3: - If price adjustments for a variation in the costs of special materials is allowed then:
The variation in cost of special materials is
Type of special material Unit Rate or price,

(The type of special materials may be listed, leaving the unit and rate or price to the tenderers to fill
in or the tenderers are allowed to state the type of special materials, the unit and the rate or price.)

Contract Centric Systems 42

Agreement to let and hire work
• SANS 294
The terms of the contract, are
contained in
• Part 1 - Agreements and Contract
Data, (which includes this
Agreement)
• Part 2 -Pricing Data
• Part 3 -Scope of Work.
• Part 4-Site Information
Contract Centric Systems
• Common Law scope
• Project
1.1.1.28 - “Scope of Work”
means the document that
specifies and describes the
Works which are to be
provided, and any other
requirements and constraints
relating to the manner in
which the work is to be carried
out
43
Analysis of Important Provisions
 Time (agreed or determinable)
• “Day” shall mean a calendar day
• 5.1.1 Time Calculations - Except where otherwise provided by the Contract,
where a specific time-span is stipulated in the Contract for carrying out any
task or for the termination of any right or the duration of any event or
circumstance,
• The special non-working days set out in the Contract Data that fall within the said time-span,
as well as
• The day on which the time-span commences
• shall be excluded from the calculation of the time-span concerned.

• “Commencement Date” means the date that the Agreement, made in terms
of the Form of Offer and Acceptance, comes into effect. [1.1.1.5]
• “Practical Completion” means that the whole or portion of the Works has
reached a state of readiness, fit for the intended purpose, and occupation
without danger or undue inconvenience to the Employer, although some
work may be outstanding. [1.1.1.24 ]
• “Certificate of Practical Completion” means the certificate issued by the
Engineer stating the date on which Practical Completion was achieved.
• “Due Completion Date” means the date of expiry of the time stated in the
Contract Data for achieving Practical Completion of the Works, calculated
from the Commencement Date and as adjusted by such extensions of time
or acceleration as may be allowed in terms of Contract. [1.1.1.14 ]
Contract Centric Systems 45
Time (agreed or determinable)

Contract Centric Systems 46

Commence 3.5

5.3.1 Commencement of the Works - Upon the Engineer's instruction the

Contractor shall, save as may be otherwise provided in the Contract or
be legally or physically impossible, commence executing the Works.
Such instruction shall be subject to the submission by the Contractor,
and approval by the Engineer, of documentation required before
commencement with Works execution, as set out in the Contract
Data.
5.3.2 Unaccepted documentation - If the documentation referred to in
Clause 5.3.1 is not submitted within the number of days stipulated in
the Contract Data from the Commencement Date, or is found to be
unacceptable, the Employer may terminate the Contract in terms of
Clause 9.2. [should be read with the Form of Offer & Acceptance see
next slide]
5.3.3 Time to instruct commencement of the Works - If the Engineer's
instruction to commence executing the Works, or to resubmit
documentation, is not received by the Contractor within 7 days from
the actual date of submission of the documentation referred to in
Clause 5.3.1, commencement of the Works shall be deemed to be on
the expiry of such 7 days.

Contract Centric Systems 47

Agreed or determinable fee

• “Contract Price” means the Contract Sum subject to such addition thereto or
deduction therefrom as may be made from time to time under the provisions of
the Contract.
• “Contract Sum” means the accepted amount provided for in the agreement
made in terms of the Form of Offer and Acceptance.
• “Bill of Quantities” means the document so designated in the Pricing Data, if any.
• “Pricing Data” means the document that sets out the Pricing Strategy and
provides the criteria and assumptions which it will be assumed in the Contract
were taken into account by the Contractor when developing the Contract Sum.
• “Pricing Strategy” means the strategy stated in the Contract Data which is
adopted to secure prices and to remunerate the Contractor in terms of the
Contract.
• “Fixed Price Contract” means the Contractor is paid the Contract Sum for
execution of the Works subject to adjustments in accordance with the Contract.
• ''Re-measurement Contract” means the Contractor is paid an amount
determined from the actual quantities of work completed multiplied by the rates
or prices for such work subject to adjustments in accordance with the Contract.

Contract Centric Systems 48

Commencement
Read with the Form of Offer and Acceptance
“The Tenderer shall within two weeks after receiving a completed copy
of this Agreement, including the Schedule of Deviations (if any),
contact the Employer's agent (whose details are given in the Contract
Data) to arrange the delivery of any bonds, guarantees, proof of
insurance and any other documentation to be provided in terms of the
Conditions of Contract identified in the Contract Data at, or just after,
the date this Agreement comes into effect. Failure to fulfil any of these
obligations in accordance with those terms shall constitute a
repudiation of this Agreement.”

Contract Centric Systems 49

Communication

• Reception theory
• “Writing”
• Written communication under GCC
• Hand delivered or
• Delivered at address provided in Contract Data (or the notified changed address)
1.2.1
• In English (or as in Data)1.3.3
• Communications Include
• Types of …
• Notifications for submitting data or information:
• Requests for consent approval of a matter or permission to do something
• Submitting a claim or insisting on a right
• Giving an instruction with authoritative directions as how to take actions
• Party who …
• Written actions required from the Contractor
• Written actions required from the Employer
• Written actions required from the Engineer

Contract Centric Systems 50

Written actions required from the Contractor

1.2.1.2 Notice of change of address

1.2.3 Notice of authority of persons
2.2.1 Notice of adverse physical conditions
2.5.1 Consent for assignment
4.9.1 Notification of owner of Construction Equipment
5.8.2 Proposal to execute work during non-working times
5.9.3 Requiring drawings and instructions
5.10.1 Demanding compliance by Employer with terms of Contract
5.11.3 Request to proceed with the Works after suspension
5.14.1 Request for Practical Completion
6.3.2.1 Confirmation that an order is a Variation Order
6.4.2 Changing default period for delivery of Variation Order valuation
6.9.1.2 Agreement that Plant and materials may be stored at other places than on Site
7.5.3 Notice that Plant and Works are ready for testing and examination
8.5.1 Reporting of accidents

Contract Centric Systems 51

Written actions required from the Contractor

9.1.2 Notice of termination of Contract due to state of emergency, etc

9.1.4 Notification of increased Cost due to termination
9.3.1.1.3 Notice to remedy default
9.3.1.3 Notice to terminate the Contract
10.1.1.1 Claim for extension of time or additional payment
10.1.1.2.1 Notice of intention to claim
10.1.1.3 Delivering updated particulars of claim
10.1.3.3 Agreement/disagreement regarding correctness of recorded matters
10.2.1 Notice of dissatisfaction
10.3.1 Notice of dispute
10.4.2 Amicable settlement failure
10.6.1.2 Notice disputing validity of Dispute Board's or Adjudicator's decision
10.6.3 Notice when Dispute Board or Adjudicator fails to give a decision
10.9.1 Appointment of dispute resolving persons

Contract Centric Systems 52

Written actions required from the Employer

1.1.1.16 Replacing the Engineer

1.2.1.2 Notice of change of address
1.2.3 Notice of authority of persons
2.5.1 Consent for assignment
6.4.2 Changing default period for delivery of Variation Order
valuation
6.9.1.2 Agreement that Plant and materials may be stored at other
places than on Site
6.10.1.5 Approval of indemnity for Plant and materials for
sequestration/liquidation
7.6.2.2 Consent to accept plant at reduced price
9.1.1 Notice of termination of Contract due to war, hostilities,
etc.

Contract Centric Systems 53

Written actions required from the Employer

9.1.2 Notice of termination of Contract due to state of

emergency, etc.
9.1.2.2 Accepting additional Cost instead of termination
9.2.1.3 Notice to remedy defect in breach of Contract
10.2.1 Notice of dissatisfaction
10.3.1 Notice of dispute
10.4.2 Amicable settlement failure
10.6.1.2 Notice disputing validity of Dispute Board's or Adjudicator's
decision
10.6.3 Notice when Dispute Board or Adjudicator fails to give a
decision
10.9.1 Appointment of dispute resolving persons

Contract Centric Systems 54

Written actions required from the Engineer

1.2.1.2 Notice of change of address

3.2.1 Nomination/termination of Engineer's Representative
3.2.4 Delegation/termination of Engineers authority to others
4.8.2 Instruction to provide facilities to others
4.9.1 Consent to remove Construction Equipment
4.12.2 Approval of Site Agent
5.7.1 Notice that rate of progress is behind programme
5.7.3 Conditions for payment for acceleration
5.8.1.1 Permission for executing work during non-working times
5.9.7 Approval of and departure from Contractor's designs
5.11.1 Order to suspend the Works
5.14.1 Issuing list of work for Practical Completion
5.14.2 Issuing list of work for Completion
6.3.2 Orders for variations
6.3.2.1 Contradiction that an order is a Variation Order

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Written actions required from the Engineer

6.4.2 Delivery of Variation Order valuation

7.5.2 Authorization for delivery of Plant to Site
7.5.3 Advising non-attendance of testing Plant or examining Works
7.6.1 Ordering making good of Plant that failed testing
7.6.3 Ordering removal of improper work
7.7.1 Ordering search for defects
7.8.1 Ordering making good of defects in Defect Liability Period
7.8.1 Allowing the correction of defects after the Defects Liability Period
7.9.1 Notice of emergency occurrence
9.2.1.3 Certifying Contractor's breach of Contract
9.2.1.3.2 Notice to proceed with work
9.2.1.3.4 Notice that Plant, material or work have been condemned
10.1.3.3 Agreement/disagreement regarding correctness of recorded matters
10.1.5 Ruling on claim for extension of time or additional payment
10.2.3 Ruling on dissatisfaction claim

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2. BASIS OF CONTRACT

2.1 Available data and information

2.2 Adverse physical conditions
2.3 Technical data
2.4 Ambiguity or discrepancy
2.5 Assignment

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Engineer & Contractor

3. ENGINEER
3.1 Functions of the Engineer
3.2 Engineers Representative
4. CONTRACTORS GENERAL OBLIGATIONS
4.1 Extent of obligations and liability
4.2 Engineers instructions
4. 3 Legal provisions
4.4 Subcontracting
4.5 Notices and Fees
4.6 Patent rights
4.7 Fossils
4.8 Facilities for others
4.9 Construction Equipment
4.10 Contractors employees
4.11 Competent employees
4.12 Contractors superintendence

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Time & Cost Management
5. TIME AND RELATED MATTERS
6. PAYMENT AND RELATED MATTERS 5.1 Time calculations
6.1 Payment to Contractor 5.2 Commencement of the Contract
6.2 Security 5.3 Commencement of the Works
6.3 Variations 5.4 Access to the Site
6.4 Value of variations 5.5 Time for Practical Completion
6.5 Dayworks 5.6 Programme
6.6 Provisional sums and prime cost sums 5.7 Progress of the Works
6.7 Measurement of the Works 5.8 Non-working times
6.8 Adjustment in rates and/or prices 5.9 Instructions
6.9 Vesting of Plant and materials 5.10 Delays attributable to the Employer
6.10 Payments 5.11 Suspension of the Works
6.11 Variations exceeding 15 per cent 5.12 Extension of time for Practical Completion
5.13 Penalty for delay
5.14 Completion
5.15 Clearance of Site
5.16 Approval

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Performance and risk
8. RISKS AND RELATED MATTERS
8.1 Protection of the Works
8.2 Care of the Works
8.3 Excepted risks
8.4 Indemnifications
8.5 Reporting accidents
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7. QUALITY AND RELATED
MATIERS
7.1 Quality of Construction
Equipment
7.2 Quality of Plant workmanship
and materials
7.3 Access to the Works
7.4 Samples and testing
7.5 Examination of the Works
7.6 Defective Plant materials and
work
7.7 Search for defects
7.8 Defects
7.9 Urgent remedial work
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Claims & Closeout
10. CLAIMS AND DISPUTES 9. TERMINATION OF CONTRACT
10.1 Contractors claim 9.1 Termination of Contract
10.2 Dissatisfaction claim 9.2 Termination by Employer
10.3 Dispute notice 9.3 Termination by Contractor
10.4 Amicable settlement
10.5 Adjudication
10.6 Disagreement with
Adjudication Boards
decision
10.7 Arbitration
10.8 Court proceedings
10.9 Appointment
10.10 Common provisions
10.11 Continuing validity

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Claims

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 End

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