PART I: GENERAL CONDITIONS Definitions and Interpretation 1.1 Definitions I 1.2 Headings and Marginal Notes 2 1.3 Interpretation 2 1.4 Singular and Plural 2 1.5 Notices, Consents, Approvals, Certificates 3 and Determinations Engineer and Engineer's Representative 2.1Engineer's Duties and Authority 3 2.2 Engineer's Representative 3 2.3 Engineer's Authority to Delegate 3 2.4 Appointment of Assistants 3 2.5 Instructions in Writing 3 2.6 Engineer to Act Impartially 4 Assignment and Subcontracting 3.1 Assignment of Contract 4 4.1 Subcontracting 4 4.2 Assignment of Subcontractors'Obligations 4 Contract Documents 5.1 Language/s and Law 4 5.2 Priority of Contract Documents 5 6.1Custody and Supply of Drawings and Documents 5 6.2 One Copy of Drawings to be Kept on Site 5 6.3 Disruption of Progress 5 6.4Delays and Cost of Delay of Drawings 5 6.5 Failure by Contractor to Submit Drawings 5 7.1 Supplementary Drawings and Instructions 6 7.2 Permanent Works Designed by Contractor 6 7.3Responsibility Unaffected by Approval 6 General Obligations 8.1 Contractor's General Responsibilities 6 8.2 Site Operations and Methods of Construction 6 9.1 Contract Agreement 6 10.1Performance Security 6 10.2 Period of Validity of Performance Security 7 10.3 Claims under Performance Security 7 11.1Inspection of Site 7 12.1 Sufficiency of Tender 7 12.2 Not Foreseeable Physical Obstructions or Conditions 7 13.1 Work to be in Accordance with Contract 8 14.1Programme to be Submitted 8 14.2 Revised Programme 8 14.3 Cash Flow Estimate to be Submitted 8 14.4Contractor not Relieved of Duties or Responsibilities 8 15.1 Contractor's Superintendence 8 16.1Contractor's Employees 8 16.2Engineer at Liberty to Object 8 17.1Setting-out 9 18.1Boreholes and Exploratory Excavation 9 19.1Safety, Security and Protection of the Environment 9 19.2Employer's Responsibilities 9 20.1Care of Works 9 20.2Responsibility to Rectify Loss or Damage 10 20.3Loss or Damage Due to Employer's Risks 10 20.4Employer's Risks 10 21.1Insurance of Works and Contractor's Equipment 10 21.2 Scope of Cover 11 21.3Responsibility for Amounts not Recovered 11 21.4Exclusions 11 22.1Damage to Persons and Property 11 22.2Exceptions 11 22.3Indemnity by Employer 12 23.1Third Party Insurance (including Employer's Property) 12 23.2Minimum Amount of Insurance 12 23.3Cross Liabilities 12 24.1Accident or Injury to Workmen 12 24.2Insurance Against Accident to Workmen 12 25.1Evidence and Terms of Insurances 12 25.2Adequacy of Insurances 12 25.3Remedy on Contractor's Failure to Insure 12 25.4Compliance with Policy Conditions 13 26.1Compliance with Statutes, Regulations 12 27.1Fossils13 28.1Patent Rights 13 28.2Royalties 13 29.1Interference with Traffic and Adjoining Properties 13 30.1Avoidance of Damage to Roads 14 30.2Transport of Contractor's Equipment or Temporary Works 14 30.3Transport of Materials or Plant 14 30.4Waterborne Traffic 14 31.1Opportunities for Other Contractors 14 31.2Facilities for Other Contractors14 32.1Contractor to Keep Site Clear 15 33.1Clearance of Site on Completion 15 Labour 34.1Engagement of Staff and Labour 15 35.1Returns of Labour and Contractor's Equipment 15 Materials, Plant and Workmanship 36.1Quality of Materials, Plant and Workmanship 15 36.2Cost of Samples 15 36.3Cost of Tests 15 36.4Cost of Tests not Provided for 16 36.5Engineer's Determination where Tests not Provided for 16 37.1Inspection of Operations 16 37.2Inspection and Testing 16 37.3Dates for Inspection and Testing 16 37.4Rejection16 37.5Independent Inspection17 38.1Examination of Work before Covering up17 38.2Uncovering and Making Openings 17 39.1Removal of Improper Work, Materials or Plant 17 39.2Default of Contractor in Compliance 17 Suspension 40.1Suspension of Work 17 40.2Engineer's Determination following Suspension 18 40.3Suspension lasting more than 84 Days 18 Commencement and Delays 41.1Commencement of Works 18 42.1Possession of Site and Access Thereto 18 42.2Failure to Give Possession 19 42.3Rights of Way and Facilities 19 43.1Time for Completion 19 44.1Extension of Time for Completion 19 44.2Contractor to Provide Notification and Detailed Particulars 19 44.3Interim Determination of Extension 19 45.1Restriction on Working Hours 20 46.1Rate of Progress 20 47.1Liquidated Damages for Delay 20 47.2Reduction of Liquidated Damages 20 48.1Taking-Over Certificate 21 48.2Taking-Over of Sections or Parts 21 48.3Substantial Completion of Parts 21 48.4Surfaces Requiring Reinstatement 21 Defects Liability 49.1Defects Liability Period 21 49.2Completion of Outstanding Work and Remedying Defects 22 49.3Cost of Remedying Defects 22 49.4Contractor's Failure to Carry Out Instructions 22 50.1Contractor to Search 22 Alterations, Additions and Omissions 51.1Variations 22 51.2Instructions for Variations 23 52.1Valuation of Variations 23 52.2Power of Engineer to Fix Rates 23 52.3Variations Exceeding 15 percent 23 52.4Daywork 24 Procedure for Claims 53.1Notice of Claims 24 53.2Contemporary Records 24 53.3Substantiation of Claims 25 53.4Failure to Comply 25 53.5Payment of Claims 25 Contractor's Equipment, Temporary Works and Materials 54.1Contractor's Equipment, Temporary Works and Materials; Exclusive 25 Use for the Works 54.2 Employer not Liable for Damage 25 54.3 Customs Clearance 25 54.4Re-export of Contractor's Equipment 25 54.5Conditions of Hire of Contractor's Equipment 26 54.6Costs for the Purpose of Clause 6326 54.7Incorporation of Clause in Subcontracts 26 54.8Approval of Materials not Implied 26 Measurement 55.1Quantities 26 56.1Works to be Measured 26 57.1Method of Measurement 27 57.2Breakdown of Lump Sum Items 27 Provisional Sums 58.1Definition of Provisional Sum 27 58.2Use of Provisional Sums 27 58.3Production of Vouchers 27 Nominated Subcontractors 59.1Definition of Nominated Subcontractors 27 59.2Nominated Subcontractors; Objection to Nomination 27 59.3Design Requirements to be Expressly Stated 28 59.4Payments to Nominated Subcontractors 28 59.5Certification of Payments to Nominated Subcontractors 28 Certificates and Payment 60.1Monthly Statements 29 60.2Monthly Payments 29 60.3Payment of Retention Money 29 60.4Correction of Certificates 29 60.5Statement at Completion 30 60.6Final Statement 30 60.7Discharge 30 60.8Final Payment Certificate 30 60.9Cessation of Employer's Liability 30 60.10Time for Payment 31 61.1Approval only by Defects Liability Certificate 31 62.1Defects Liability Certificate 31 62.2Unfulfilled Obligations 31 Remedies 63.1Default of Contractor 31 63.2Valuation at Date of Termination 32 63 3Payment after Termination 32 63.4Assignment of Benefit of Agreement 32 64.1Urgent Remedial Work 32 Special Risks 65.1No Liability for Special Risks 33 65.2Special Risks 33 65.3Damage to Works by Special Risks 33 65.4Projectile, Missile 33 65.5Increased Costs arising from Special Risks 33 65.6Outbreak of War 34 65.7Removal of Contractor's Equipment on Termination 34 65.8Payment if Contract Terminated 34 Release from Performance 66.1 Payment in Event of Release from Performance 35 Settlement of Disputes 67.1Engineer's Decision 35 67.2Amicable Settlement 35 67.3Arbitration 36 67.4Failure to Comply with Engineer's Decision 36 Notices 68.1Notice to Contractor 36 68.2Notice to Employer and Engineer 36 68.3Change of Address 36 Default of Employer 69.1Default of Employer 36 69.2Removal of Contractor's Equipment 37 69.3Payment on Termination 37 69.4Contractor's Entitlement to Suspend Work 37 69.5Resumption of Work 37 Changes in Cost and Legislation 70.1 Increase or Decrease of Cost 37 70.2 Subsequent Legislation 37 Currency and Rates of Exchange 71.1Currency Restrictions 38 72.1Rates of Exchange 38 72.2Currency Proportions 38 72.3Currencies of Payment for Provisional Sums 38 REFERENCE TO PART II INDEX TENDER AGREEMENT EDITORIAL AMENDMENTS IN 1988 FURTHER AMENDMENTS IN 1992