第一章 总则



1.(1)In the Contract,as hereinafter defined,the following words and expressions shall have the meanings hereby assigned to them,except where the context otherwise requires:


(a)’Employer’ means the party named in Part II who will employ the Contractor and the legal successors in title to the Employer,but not,except with the consent of the Contractor,any assignee of the Employer.


(b)“Contractor”means the person or persons,firm or company whose tender has been accepted by the Employerand includes the Contractor’s personal representatives,successors and permitted assigns.


(c)“Engineer”means the Engineer designated as such in Part II,or other Engineer appointed from time to time by the Employer and notified in writing to the Contractor to act as Engineer for the purposes of the Contract in place of the Engineer、designated.


(d) ‘Engineer’s Representative’ means any resident engineer or assistant of the Engineer or any clerk of works appointed from time to time by the Employer or the Engineer to perform the duties set forth in Clause 2 hereof,whose authority shall be notified in writing to the Contractor by the Engineer.


(e) “Works” shall include both Permanent Works and Temporary Works,


(f)“Contract” means the Conditions of Contract,specification,Drawings,priced Bill of Quantities,Schedule of Rates and Prices,if any,Tender,Letter of Acceptance and the Contract Agreement,if completed.


(g) “Contract Price” means the sum named in the Letter of Acceptance, subject to such additions thereto or deductions therefrom as may be made under the provisions hereinafter contained.


(h)“Constructional Plant’ means all appliances or things of whatsoever nature required in or about the execution or maintenance of the Works but does not include materials or other things intended to form or forming part of the Permanent Works.


(i)“Temporary Works’ means all temporary works of every kind required in or about the execution or maintenance of the Works.


(j)“Permanent Works”means the permanent works to be executed and maintained in accordance with the Contract.


(k) “Specification” means the specification referred to in the Tender and any modification thereof or addition thereto as may from time to time be furnished or approved in writing by the Engineer.


(1)“Drawings” means the drawings referred to in the Specification and any modification of such drawings approved in writing by the Engineer and such other drawings as may from time to time be furnished or approved in writing by the Engineer.


(m) “Site” means the land and other places on,under,in or through which the Permanent Works or Temporary Works designed by the Engineer are to be executed and any other lands and places provided by the Employer for working space or any other purpose as may be apecifically designated in the Contract as forming part of the Site.


(n)“Approved” means approved in writing,including subsequent written confirmation ofprevious verbalapproval and“approval’ means approval in writing,including as aforesaid.


(2)Words importing the singular only also include the plural and vice versa where the context requires?


(3)The headings and marginal notes in these Conditions of Contract shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract.


(4)The word“cost’ shall be deemed to include overhead costs whether on or off the Site.




2.(1)The Engineer shall carry out such duties in issuing decisions,certificates and orders as are specified in the Contract.In the event of the Engineer being required in terms of his appointment by the Employer to obtain the specific approval of the Employer for the execution of any part of these duties,this shall be set out in Part II of these Conditions.


(2)The Engineer may from time to time in writing delegate to the Engineer’s Representative any of the powers and authorities vested in the Engineer and shall furnish to the Contractor and to the Employer a copy of all such written delegations of powers and authorities. Any written instruction or approval given by the Engineer’s Representative to the Contractor within the terms of such delegation,but not otherwise,shall bind the Contractor and the Employer as though it had been given by the Engineer.Provided always as follws:


(a) Failure of the Engineer’s Representative to disapprove any work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or materials and to order the pulling down,removal or breaking up thereof.


(b)If the Contractor shall be dissatisfied by reason of any decisions of the Engineer’s Representative he shall be entitled to refer the matter to the Engineer,who shall thereupon confirm,reverse or vary such decision.




3.The Contractor shall not assign the Contract or any part thereof,or any benefit or interest therein or thereunder,otherwise than by a charge in favor of the Contractor’s bankers of any monies due or to become due under this Contract,without the prior written consent of the Employer.


4.The Contractor shall not sub-let the whole of the Works.Except where otherwise provided by the Contract,the Contractor shall not sub-let any part of the Works without the prior written consent of the Engineer,which shall not be unreasonably withheld,and such consent,if given,shall not relieve the(contractor from any liability or obligation under the Contract and he shall be responsible for the acts,defaults and neglects of any sub-contractor,his agents,servants or workmen as fully as if they were the acts,defaults or neglects of the Contractor,his agents. servants or workmen.Provided always that the provision of labor on a piecework basis shall not be deemed to be a subletting under the Clause.




5.(1)There shall be stated in Part 1I of these Conditions:


(a)the language or languages in which the Contract documents shall be drawn up and.


(b)the country or state,the law of which is to apply to the Contract and according to which

the Contract is to be construed.


If the said documents are written in more than one language,the language according to which the Contract is to be construed and interpreted shall also be designated in Part II,being therein designated the “Ruling Language”.


(2)Except if and to the extent otherwise provided by the Contract,the provisions of the Conditions of Contract Parts Ⅰ and Ⅱshall prevail over those of any other document forming part of the Contract.Subject to the foregoing,the several documents forming the Contract are to be taken as mutually explanatory of one another,but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contractor instructions thereon.Provided always that if,in the opinion of the Engineer,compliance with any such instructions shall involve the Contractor in any cost,which by reason of any such ambiguity or discrepancy could not reasonably have been foreseen by the Contractor,the Engineer shall certify and the Employer shall pay such additional sum as may be reasonable to cover such costs.


6.(1)The Drawings shall remain in the sole custody of the Engineer,but two copies thereof shall be furnished to the Contractor free of charge.The Contractor shall provide and make at his own expense any further copies required by him.At the completion of the Contract the Contractor shall return to the Engineer all Drawings provided under the Contract.


(2)One copy of the Drawings,furnished to the Contractor as aforesaid,shall be kept by the contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and the Engineer’s Representative and by any other person authorized by the Engineer in writing.


(3)The Contractor shall give written notice to the Engineer whenever planning or progress of the Works’ is likely to be delayed or disrupted unless any further drawing or order,including a direction,instruction or approval,is issued by the Engineer within a reasonable time.The notice shall include details of the drawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late.


(4)If,by reason of any failure or inability of the Engineer to issue within a time reasonable in all the circumstances any drawing or order requested by the Contractor in accordance with subclause(3)of this Clause,the Contractor suffers delay and/or incurs costs then the Engineer shall take such delay into account in determining any extension of time to which the Contractor is entitled under Clause 44 hereof and the Contractor shall be paid the amount of such cost as shall be reasonable.



7.The Engineer shall have full power and authority to supply to the Contractor from time to time, during the progress of the Works,such further drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and maintenance of the Works. The Contractor shall carry out and be bound by the same.




8.(1)The Contractor shall,subject to the provisions of the Contract,and with due care and diligence, execute and maintain the Works and provide all labor,including the supervision thereof, materials,Constructional Plant and all other things,whether of a temporary or permanent nature,required in and for such execution and maintenance,so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.


(2)The Contractor shall take full responsibility for the adequacy,stability and safety of all site operations and methods of construction,provided that the Contractor shall not be responsible, except as may be expressly provided in the Contract,for the design or specification of the Permanent Works,or for the design or specification of any Temporary Works prepared by the Engineer?


9.The Contractor shall,when called upon so to do,enter into and execute a Contract Agreement,to be prepared and completed at the cost of the Employer,in the form annexed with such modification as may be necessary,


10.If,for the due performance of the Contract,the Tender shall contain an undertaking by

the Contractor to obtain,when required,a bond or guarantee of an insurance company or bank, or other approved sureties to be jointly and severally bound with the contractor to the Employer, in a sum not exceeding that stated in the Letter of Acceptance for such bond or guarantee,the said insurance company or bank or sureties and the terms of the said bond or guarantee shall be such as shall be approved by the Employer. The obtaining of such bond or guarantee or theprovision of such sureties and the cost of the bond or guarantee to be so entered into shall be at the expense in all respects of the Contractor,unless the Contract otherwise provides.


11.The Employer shall have made available to the Contractor with the Tender documents such data on hydrological and sub-surface conditions as shall have been obtained by or on behalf of the Employer from investigations undertaken relevant to the Works and the Tender shall be deemed to have been based on such data,but the Contractor shall be responsible for his own interpretation thereof.


The Contractor shall also be deemed to have inspected and examined the Site and its surroundings and information available in connection therewith and to have satisfied himself,so far as is practicable,before submitting his Tender,as to the form and nature thereof,including the sub-surface conditions,the hydrological and climatic conditions,the extent and nature of work and materials necessary for the completion of the Works,the means of access to the site and the accommodation he may require and,in general,shall be deemed to have obtained all necessary information,subject as above mentioned,as to risks,contingencies and all other circumstances which may influence of affect his Tender.


12.The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his Tender for the Works and of the rates and prices stated in the priced Bill of Quantities and the Schedule of Rates and Prices,if any,which Tender rates and prices shall,except insofar as it is otherwise provided in the Contract,cover all his obligations under the Contract and all matters and things necessary for the proper execution and maintenance of the Works.if,however,during the execution of the Works the Contractor shall encounter physical conditions,other than climatic conditions on the Site,or artificial obstructions,which conditions or obstructions could,in his opinion,not have been reasonably foreseen by an experienced contractor,the Contractor shall forthwith give written notice thereof to the Engineer’s Representative and if,in the opinion of the Engineer,such conditions or artificial obstructions could not have been reasonably foreseen by an experienced contractor,then the Engineer shall certify and the Employer shall pay the additional cost to which the Contractor shallhave been put by reason of such conditions,including the proper and reasonable cost.


(a)of complying with any instruction which the Engineer may issue to the Contractor in connection therewith,and


(b)of any proper and reasonable measures approved by the Engineer which the Contractor may take in the absence of specific instructions from the Engineer.as a result of such conditions or obstructions being encountered.


13.Save insofar as it is legally or physically impossible,the Contractor shall execute and maintain the Works in strict accordance with the Contract to the satisfaction of the Engineer and shall comply with and adhere strictly to the Engineer’s instructions and directions on any matter whether mentioned in the Contract or not,touching or concerning the Works.The Contractor shall take instructions and directions only from the Engineer or,subject to the limitations referred to in Clause 2 hereof,from the Engineer’s Representative.


14.(1)Within the time stated in Part 11 of these Conditions,the Contractor shall,after the acceptance of his Tender,submit to the Engineer for his approval a program showing the order of procedure in which he proposes to carry out the Works.The Contractor shall,whenever required by the Engineer or Engineers’Representative,also provide in writing for his information a general description of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works.


(2)If at any time it should appear to the Engineer that the actual progress of the Works does not conform to the approved program referred to in sub-clause(1)of this Clause,the Contractorshall produce,at the request of the Engineer,a revised program showing the modifications to the approved program necessary to ensure completion of the Works within the time for completion asdefined in Clause 48 hereof.


(3)The submission to and approval by the Engineer or Engineer’s Representative of such programs of the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities under the Contract.


15.The Contractor shall give or provide all necessary super- intendance during the execution of the Works and as long thereafter as the Engineer may consider necessary for the proper fulfilling of the Contractor’s obligations under the Contract.The Contractor,or a competent and authorized agent or representative approved of in writing by the Engineer,which approval may at any time be withdrawn,is to be constantly on the Works and shall give his whole time to the super-intendance of the same.If such approval shall be withdrawn by the Engineer,the Contractor shall,as soon as is practicable,having regard to the requirement of replacing him as hereinafter mentioned,after receiving written noticeof suchwithdrawal,remove the agent from the Works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another agent approved by the Engineer.Such authorized agent or representative shall receive,on behalf ofthe Contractor,directions and instructions from the Engineer or, subject to the limitations of Clause 2 hereof,the Engineer’s Representative.


16.(1)The Contractor shall provide and employ on the Site in connection with the execution and maintenance of the Works.


(a) only such technical assistants as are skilled and experienced in their respective callings and such sub-agents,foremen and leading hands as are competent to give proper supervision to the work they are required to supervise,and


(b)such skilled,semi-skilled and unskilled labor as is necessary for the proper and timely execution and maintenance of the Works.


(2)The Engineer shall be at liberty to object to and require the Contractor to remove forthwith from the Works any person employed by the Contractor in or about the execution ormaintenance of the Works who,in the opinion of the Engineer,misconducts himself,or is incompetent or negligent in the proper performance of his duties,or whose employment is otherwise considered by the Engineer to be undesirable and such person shall not be again employed upon the Works without the written permission of the Engineer.Any person so removed from the Works shall be replaced as soon as possible by a competent substitute approved by the Engineer.


17.The Contractor shall be responsible for the true and proper setting-out of the Works in relation to original points,lines and levels of reference given by the Engineer in writing and for the correctness,subject as above mentioned,of the position,levels,dimensions and alignment of all parts of the Works and for the provision of all necessary instruments,appliances and labor in connection therewith.If,at any time during the progress of the Works,any error shall appear or arise in the position,levels,dimensions or alignment of any part of the Works,the Contractor, on being required so to do by the Engineer or the Engineer’s Representative,shall,at his own cost,rectify such error to the satisfaction of the Engineer or the Engineer’s Representative,unless such error is based on incorrect data supplied in writing by the Engineer or the Engineer’s Representative,in which case the expense of rectifying the same shall be borne by the Employer. The checking of any setting-out or of any line or level by the Engineer or the Engineer’s Representative shall not in any way relieve the Contractor of his responsibility for the correctness thereof and the Contractor shall carefully protect and preserve all bench-marks, sight-rails,pegs and other things used in setting-out the Works.


18.If,at any time during the execution of the Works,the Engineer shall require the Contractor to make bore holes or to carry out exploratory excavation,such requirement shall be ordered in writing and shall be deemed to be an addition ordered under the provisions of Clause 51 hereof,unless a provisional sum in respect of such anticipated work shall have been included in the Bill of Quantities.


19.The Contractor shall in connection with the Works provide and maintain at his own cost all lights,guards,fencing and watching when and where necessary or required by the Engineer or the Engineer’s Representative,or by any duly constituted authority, for the protection of the Works,or for the safety and convenience of the public or others.


20.(1)From the commencement of the Works until the date stated in the Certificate of completion for the whole of the Works pursuant to Clause 48 hereof the Contractor shall take full responsibility for the care thereof.Provided that if the Engineer shall issue a Certificate of Completion in respect of any part of the Permanent Works the Contractor shall cease to be liable for the care of that part of the Permanent Works from the date stated in the Certificate of Completion in respect of that part and the responsibility for the care of that part shall pass to the Employer. Provided further that the Contractor shall take full responsibility for the care of any outstanding work which he shall have undertaken to finish during the Period of Maintenance until such outstanding work is completed.In case any damage,loss or injury shall happen to the Works,or to any part thereof,from any cause whatsoever,save and except the excepted risks as defined in subclause(2)of this Clause,while the Contractor shall be responsible for the care thereof the Contractor shall,at his own cost,repair and make good the same,so that at completion the Permanent Works shall be in good order and condition and in conformity in every respect with the requirements of the Contract and the Engineer’s instructions.In the event of any such damage loss or injury happening from any of the excepted risks,the Contractor shall,if and to the extent required by the Engineer and subject always to the provisions of Clause 65 hereof, repair and make good the same as aforesaid at the cost of the Employer.The Contractor shall also be liable for any damage to the Works occasioned by him in the course of any operations carried out by him for the purpose of completing any outstanding work or complying with his obligations under Clauses 49 or 50 hereof.


(2)“The excepted risks’ are war,hostilities(whether war be declared or not),invasion act of foreign enemies,rebellion,revolution,insurrection or military or usurped power,civil war,or unless solely restricted to employees of the Contractor or of his sub-contractors and arisingfrom the conduct of the Works,riot,commotion or disorder,or use or occupation by the Employer of any part of the Permanent Works,or a cause solely due to the Engineer’s design of the Works,or ionizing radiation,or contamination by radio-activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel,radio-active toxic explosive,or other hazardous properties of any explosive,nuclear assembly or nuclear component thereof,pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds,or any such operation of the forces of nature as an experienced contractor could not foresee,or reasonably -make provision for or insure against all of which are herein collectively referred to as“the excepted risks’.


21.Without limiting his obligations and responsibilities under Clause 20 hereof,the Contractor shall insure in the joint names of the Employer and the Contractor against all loss or damage from whatever cause arising,other than the excepted risks,for which he is responsible under the terms of the Contract and in such manner that the Employer and Contractor are covered for the period stipulated in Clause 20(1)hereof and are also covered during the Period of Maintenance for loss or damage arising from a cause,occurring prior to the commencement of the Period of Maintenance,and for any loss or damage occasioned by the Contractor in the course of any operations carried out by him for the purpose of complying with his obligations under Clauses 49 and 50 hereof;


(a)The Works for the time being executed to the estimated current contract value thereof,or such additional sum as may be specified in Part 11 in the Clause numbered 21,together with the materials for incorporation in the works at their replacement value.


(b)The Constructional Plant and other things brought on to thethe replacement value of such Constructional Plant and other things.


Such insurance shall be effected with an insurer and in terms apwhich approval shall not be unreasonably withheld, and the Contractor shall  , whenever required , produce to the Engineer or the Engineer’s Representative the policy or policies of insurance and the receipts for payment of the current premiums.


22.(1)The Contractor shall,except if and so far as the Contract provides otherwise,indemnify the Employer against all losses and claims in respect of injuries or damage to any person or material or physical damage to any property whatsoever which may arise out of or in consequence of the execution and maintenance of the Works and against all claims,proceedings,damages,costs,charges and expenses whatsoever in respect of or in relation thereto except any compensation or damages for or with respect to:


(a)The permanent use or occupation of land by the Works or any part thereof.


(b)The right of the Employer to execute the Works or any part thereof on,over,under in or through any land.


(c)Injuries or damage to persons or property which are the unavoidable result of the execution or maintenance of the Works in accordance with the Contract.


(d)Injuries or damage to persons or property resulting from any act or neglect of the Employer,his agents,servants or other contractors,not being employed by the Contractor,or for or in respect of any claims,proceedings,damages,costs,charges and expenses in respect thereof or in relation thereto or where the injury or damage was contributed to by the Contractor, his servants or agents such part of the compensation as may be just and equitable having regard to the extent of the responsibility of the Employer,his servants or agents or other contractors for the damage or injury.


(2)The Employer shall indemnify the Contractor against all claims,proceedings,damages,costs, charges and expenses in respect of the matters referred to in the provision sub-clause (1)of this Clause.


23.(1)Before commencing the execution of the Works the Contractor,but without limiting

his obligations and responsibilities under Clause 22 hereof,shall insure against his liability for anymaterial or physical damage,loss or injury which may occur to any property,including that of the Employer,or to any person,including any employee of the Employer,by or arising out of the

execution of the Works or in the carrying out of the Contract,otherwise than due to the matters referred to in the provision Clause 22(1)hereof.


(2)Such insurance shall be effected with an insurer and in terms approved by the Employer,which approval shall not be unreasonably withheld,and for at least the amount stated in the Appendix to the Tender.The Contractor shall,whenever required,produce to the Engineer or the Engineer’s Representative the policy or policies of insurance and the receipts for payment of

the current premiums.


(3)The terms shall include a provision whereby,in the event of any claim in respect of which the Contractor would be entitled to receive indemnity under the policy being brought or made against the Employer,the insurer will indemnify the employer against such claims and any costs,charges and expenses in respect thereof.


24.(1)The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect or in consequence of any accident or injury to any workman or other person in the employment of the Contractor or any sub-contractor,save and except an accident or injury resulting from any act or default of the Employer,his agents,or servants. The Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation, save and except as aforesaid,and against all claims,proceedings,costs,charges and expenses whatsoever in respect thereof or in relation thereto.


(2)The Contractor shall insure against such liability with an insurer approved by the Employer,which approval shall not be unreasonably withheld,and shall continue such insurance

during the whole of the time that any persons are employed by him on the Works and shall,when

required,produce to the Engineer or the Engineer’s Representative such policy of insurance and the receipt for payment of the current premium.Provided always that,in respect of any persons employed by any sub-contractor,the Contractor’s obligation to insure as aforesaid under this sub-

clause shall be satisfied if the sub-contractor shall have insured against the liability in respect ofsuch persons in such manner that the Employer is indemnified under the policy,but the Contractor shall require such sub-contractor to produce to the Engineer or the Engineer’s Representative,when required,such policy of insurance and the receipt for the payment of the current premium.


25.If the Contractor shall fail to effect and keep in force the insurance referred to in Clauses

21,23 and 24 hereof,or any other insurance which he may be required to effect under the terms of the Contract,then and in any such case the Employer may effect and keep in force any such insurance and pay such premium or premiums as may be necessary for that purpose and from time to time deduct the amount so paid by the Employer as aforesaid from any monies due or which may become due to the Contractor,or recover the same as a debt due from the Contractor.


26.(1)The Contractor shall give all notices and pay all fees required to be given or paid by any National Or State Statute,Ordinance,or other Law,or any regulation,or by-law of any local or other duly constituted authority in relation to the execution of the Works and by the rules and regulations of all public bodies and companies whose property or rights are affected or may be affected in any way by the Works.


(2) The Contractor shall conform in all respects with the provisions of any such Statute,Ordinance or Law as aforesaid and the regulations or by-laws of any local or other duly constituted authority which may be applicable to the Works and with such rules and regulations of public bodies and companies as aforesaid and shall keep the Employer indemnified against all penalties and liability of every kind for breach of any such Statute,Ordinance or Law,regulation or by-law.


(3)The Employer will repay or allow to the Contractor all such sums as the Engineer shall certify to have been properly payable and paid by the Contractor in respect of such fees.


27.All fossils,coins,articles of value or antiquity and structures and other remains or things of geological or archaeological interest discovered.the Works shall as between the Employer and the Contractor be deemed to be the absolute property of the Employer.The Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such article or thing and shall immediately upon discovery thereof and,befor lemoval,acquaint the Engineer’s Representative of such discovery and carry out,at the expense of the Employer,the Engineer’s Representative’s orders as to the disposal of the same.


28.The Contractor shall save harmless and indemnify the Employer from and against all claims and proceedings for or on account of infringement of any patent rights,design,trademark or name or other protected rights in respect of any Constructional Plant,machine work,or material used for or in connection with the Works or any of them and from and against all claims, proceedings,damages,costs,charges and expenses whatsoever in respect thereof or in relation thereto. Except where otherwise specified,the Contractor shall pay all tonnage and other royalties,rent and other payments or compensation,if any,for getting stone,sand,gravel clay or other materials required for the Works or any of them.


29.All operations necessary for the execution of the Works shall,so far as compliance with the requirements of the Contract permits,be carried on so as not to interfere unnecessarily or improperly with the convenience of the public,or the access to,use and occupation of public or private roads and footpaths to or of properties whether in the possession of the Employer or of any other person.The Contractor shall save harmless and indemnify the Employer in respect of all claims, proceedings,damages,costs,charges and expenses whatsoever arising out of,or in relation to,any such matters in so far as the Contractor is responsible therefor.


30.(1)The Contractor shall use every reasonable means to prevent any of the highways or bridges communicating with or on the routes to the Site from being damaged or injured by any traffic of the Contractor or any of his sub一contractors and,in particular,shall select routes, choose and use vehicles and restrict and distribute loads so that any such extraordinary traffic as will inevitably arise from the moving of plant and material from and to the Site shall be limited asfar as reasonably possible,and so that no unnecessary damage or injury may be occasioned to such highways and bridges.



(2)Should it be found necessary for the Contractor to move one or more loads of Constructional Plant,machinery or pre一constructed units or parts of units of work over part of a highway or bridge,the moving whereof is likely to damage any highway or bridge unless special protection or strengthening is carried out,then the Contractor shall before moving the load on to such highway or bridge give notice to the Engineer or Engineer’s Representative of the weight and other particulars of the load to be moved and his proposals for protecting or strengthening the said highway or bridge.Unless within fourteen days of the receipt of such notice the Engineer shall by counternotice direct that such protection or strengthening is unnecessary,then the Contractor will  carry out such proposals or any modification thereof that the Engineer shall require and,unless there is an item or are items in the Bill of Quantities for pricing by the Contractor of the necessary works for the protection or strengthening aforesaid,the costs thereof shall be paid by the Employer to the Contractor.


(3) If during the execution of the Works or at any time thereafter the contractor shall receive any claim arising out of the execution of the Works in respect of damage or injury to highways or bridges he shall immediately report the sums to the Engineer and thereafter the Employer shall negotiate the settlement of and pay all sums due in respect of such claim and shall indemnify the Contractor in respect thereof and in respect of all claims,proceedings,damages,Costs,charges and expenses in relation thereto. Provided always that if and二far as any such claims or part thereof shall in the opinion of the Engineer be due to any failure on the part of the Contractor to observe and perform his obligations under sub-clauses(1) and(2)of this Clause,then the amount certified by the Engineer to be due to such failure shall be paid by the Contractor to the Employer.


(4)Where the nature of the Works is such as to require the use by the Contractor ofwaterborne transport the foregoing provisions of this Clause shall be construed as though “highway’ included a lock,dock,sea wall or other structure related to a waterway and“vehicle’ included craft,and shall have effect accordingly.


31.The Contractor shall,in accordance with the requirements of the Engineer,afford all reasonable opportunities for carrying out their work to any other contractors employed by the Employer and their workmen and to the workmen of the Employer and of any other duly constituted authorities who may be employed in the execution on or near the Site of any work not included in the Contract or of any contract which the Employer may enter into in connection with or auxiliary to the Works.if,however,the Contractor shall,on the written request of the Engineer or the Engineer’s Representative,make available to any such other contractor,or to the Employer or any such authority,any roads or ways for the maintenance of which the Contractor is responsible,or permit the use by any such of the contractor’s scaffolding or other plant on the Site,or provide any other service of whatsoever nature for any such,the Employer shall pay to the Contractor in respect of such use or service such sum or sums as shall,in the opinion of the Engineer,be reasonable,


32.During the progress of the works the Contractor shall keep the Site reasonably free from all unnecessary obstruction and shall store or dispose of any Constructional Plant and surplus materials and clear away and remove from the Site any wreckage,rubbish or Temporary Works no longer required.


33.On the completion of the Works the Contractor shall clear away and remove from the Site all Constructional Plant,surplus materials,rubbish and Temporary Works of every kind,and leave the whole of the Site and Works clean and in a workmanlike oondition to the satisfaction of the Engineer.




34.(1)The Contractor shall make his own arrangements for the engagement of all labor,local or otherwise,and save insofar as the Contract otherwise provides,for the transport,housing feeding and payment thereof.


(2)The Contractor shall,so far as is reasonably practicable,having regard to local conditions,provide on theSite,to the satisfaction of the Engineer’s Representative,an adequate supply of drinking and other water for the use of the Contractor’s staff and work people.


(3)The Contractor shall not,otherwise than in accordance with the Statutes,Ordinances and Government Regulations or Orders for the time being in force,import,sell,give,barter or otherwise dispose of any alcoholic liquor,or drugs,or permit or suffer any such importation,sale,gift,barter or disposal by his sub-contractors,agents or employees.


(4)The Contractor shall not give,barter or otherwise dispose of to any person or persons,any arms or ammunition of any kind or permit or suffer the same as aforesaid.


(5)The Contractor shall in all dealings with labor in his employment have due regard to allrecognized festivals,days of rest and religious or other customs.


(6) In the event of any outbreak of illness of an epidemic nature,the Contractor shall comply with and carry out such regulations,orders and requirements as may be made by the Government,or the local medical or sanitary authorities for the purpose of dealing with and overcoming the same.


(7)The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighborhood of the Works against the same.


(8)The Contractor shall be responsible for observance by his sub-contractors of the foregoing provisions.


(9)Any other conditions affecting labor and wages shall be as set out in partⅡin the clause numbered 34 as may be necessary.


35.The Contractor shall,if required by the Engineer,deliver to the Engineer Representative,or at his office,a return in detail in such form and at such intervals as theEngineer may prescribe showing the supervisory staff and the numbers of the several classes of labor from time to time employed by the Contractor on the Site and such information respecting Constructional Plant as the Engineer’s Representative may require.




36.(1)All materials and workmanship shall be of the respective kinds described in the Contract and in accordance with the Engineer’s instructions and shall be subjected from time to time to such tests as the Engineer may direct at the place of manufacture or fabrication,or on the Site or at such other place or places as may be specified in the Contract,or at all or any of such places. The Contractor shall provide such assistance,instruments,machines,labor and materials as are normally required for examining,measuring and testing any work and the quality,weight or quantity of any material used and shall supply samples of materials before incorporation in the Works for testing as may be selected and required by the Engineer.


(2)All samples shall be supplied by the Contractor at his own cost if the supply thereof is

clearly intended by or provided for in the Contract,but if not,then at the cost of the Employer.


(3)The cost of making any test shall be borne by the Contractor if such test is clearly intended by or provided for in the Contract and,in the cases only of a test under load or of a test to ascertain whether the design of any finished or partially finished work is appropriate for the purposes which it was intended to fulfil,is particularized in the Contract in sufficient detail to enable the contractor to price or allow for the same in his Tender.


(4)If any test is ordered by the Engineer which is either.


(a)not、intended by or provided for,or


(b)(in the cases above mentioned)is not so particularized,or


(c)though so intended or provided for is ordered by the Engineer to be carried out by an independent person at any place other than the Site or the place of manufacture or fabrication of the materials tested,


then the cost of such test shall be borne by the Contractor,if the test shows the workmanship or materials not to be in accordance with the provisions of the Contract or the Engineer’s instructions,but otherwise by the Employer.


37.The Engineer and any person authorized by him shall at all times have access to the Works and to all workshops and places where work is being prepared or from where materials, manufactured articles or machinery are being obtained for the Works and the Contractor shall afford every facility for and every assistance in or in obtaining the right to such access.


38.(1)No work shall be covered up or put out of view without the approval of the Engineer or the Engineer’s Representative and the Contractor shall afford full opportunity for the Engineer or the Engineer’s Representative to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon.The Contractor shall give due notice to the Engineer’s Representative whenever any such work or foundations is or are ready or about to be ready for examination and the Engineer’s Representative shall,without unreasonable delay,unless he considers it unnecessary and advises the Contractor accordingly,attend for the purpose of examining and measuring such work or of examining  suchfoundations.


(2)The Contractor shall uncover any part or parts of the works or make openings in or through the same as the Engineer may from time to time direct and shall reinstate and make good such part or parts to the satisfaction of the Engineer.If any such part or parts have been covered

up or put out of view after compliance with the requirement of sub-clause(1)of this Clause and

are found to be executed in accordance with the Contract,the expenses of uncovering,making

openings in or through,reinstating and making good the same shall be borne by the Employer,

but in any other case all costs shall be borne by the Contractor.


39.(1)The Engineer shall during the progress of the Works have power to order in writing

from time to time:


(a) The removal from the Site,within such time or times as may be specified in the order,

of any materials which,in the opinion of the Engineer,are not in accordance with the Contract,


(b)the substitution of proper and suitable materials and,


(c)the removal and proper re-execution,notwithstanding any previous test thereof or interim payment therefor,of any work which in respect of materials or workmanship is not,in the opinion of the Engineer,in accordance with the Contract.


(2)In case of default on the part of the Contractor in carrying out such order,the Employer shall be entitled to employ and pay other persons to carry out the same and all expenses consequent hereon or incidental thereto shall be recoverable from the Contractor by the Employer,or may be deducted by the Employer from any monies due or which may become due to the Contractor.


40.(1)The Contractor shall,on the written order of the Engineer,suspend the progress of the Works or any part thereof for such time or times and in such manner as the Engineer may consider necessary and shall during such suspension properly protect and secure the work,so far as is necessary in the opinion of the Engineer.The extra cost incurred by the Contractor in giving effect to the Engineer’s instructions under this Clause shall be borne and paid by the Employer unless such suspension is:


(a)otherwise provided for in the Contract,or


(b)necessary by reason of some default on the part of the Contractor,or


(c) necessary by reason of climatic conditions on the Site,or


(d)necessary for the proper execution of the Works or for the safety of the Works or anypart thereof insofar as such necessity does not arise from any act or default by the Engineer or the Employer or from any of the excepted risks defined in Clause 20 hereof.


Provided that the Contractor shall not be entitled to recover any such extra cost unless he gives written notice of his intention to claim to the Engineer within  days of the Engineer’s order.The Engineer shall settle and determine such extra payment and/or extension of time under Clause 44 hereof to be made to the Contractor in respect of such claim as shall,in the opinion of the Engineer,be fair and reasonable.


(2)If the progress of the Works or any part thereof is suspended on the written order of the Engineer and if permission to resume work is not given by the Engineer within a period of ninety days from the date of suspension then,unless such suspension is within paragraph(a),(b),(c) or(d)of sub—clause(1)of this Clause,the Contractor may serve a written notice on the Engineer requiring permission within       days from the receipt thereof to proceed with the Works,or that part thereof in regard to which progress is suspended and,if such permission is not granted within that time,the Contractor by a further written notice so served may,but is not bound to,elect or treat the suspension where it affects part only of the works as an omission of such part under Clause 51 hereof,or,where it affects the whole Works,as an abandonment of the Contract by the Employer.