Contractor would have been entitled to payment for the work, the Contractor shall, subject to Sub-Clause 20.2 [Employer's Claims], pay to the Employer all costs arising from this failure.
Each item of Plant and Materials shall, to the extent consistent with the Laws of the Country, become the property of the Employer at whichever is the earlier of the following times, free from liens and other encumbrances:
(a) when it is delivered to the Site;
(b) when the Contractor is paid the value of the Plant and Materials under Sub- Clause 9.9 [Payment for Plant and Materials in Event of Suspension]; and (c) when the Contractor is paid the value of the Plant and Materials under Sub-
Clause 14.6 [Payment for Plant and Materials intended for the Works].
Unless otherwise stated in the Employer's Requirements, the Contractor shall pay all royalties, rents and other payments for:
(a) natural Materials obtained from outside the Site; and
(b) the disposal of material from demolitions and excavations and of other surplus material (whether natural or man-made), except to the extent that disposal areas within the Site are specified in the Contract.
The Employer's Representative shall give Notice stating the Commencement Date to the Contractor not less than 14 days prior to the Commencement Date. Unless otherwise stated in the Particular Conditions, the Commencement Date shall be within 42 days after the Contractor receives the Letter of Acceptance.
The Contractor shall complete the whole of the Design-Build and each Section (if any), in accordance with Sub-Clause 9.2 [Time for Completion of Design-Build], or as extended under Sub-Clause 9.3 [Extension of Time for Completion of Design-Build], and shall provide the Operation Service for the period stated in the Contract Data.
The Contractor shall submit a detailed time programme to the Employer's Representative within 28 days after receiving the Notice under Sub-Clause 8.1 [Commencement Date]. The Contractor shall also submit a revised programme whenever the previous programme is inconsistent with actual progress or with the Contractor's obligations. Each programme shall include:
(a) the order in which the Contractor intends to carry out the Works, including the anticipated timing of each stage of design, Contractor's Documents, procurement, manufacture, inspection, delivery to Site, construction, erection, testing, commissioning and trial operation;
(b) the period of Operation Service;
(c) the periods for reviews under Sub-Clause 5.2 [Contractor's Documents] and for any other submissions, including the supply of samples in accordance with Sub-Clause 7.2 [Samples ], approvals and consents specified in the Employer's Requirements;
7.7
Ownership of Plant and Materials 7.8 Royalties 8.1 Commencement Date 8.2
Time for Completion
8.3
Programme
8
Commencement Date, Completion and Programme
(d) the sequence and timing of inspections and tests specified in the Contract, and (e) a supporting report which includes:
(i) a general description of the methods which the Contractor intends to adopt for both the Design-Build and the Operation Service;
(ii) details showing the Contractor's reasonable estimate of the number of each class of Contractor's Personnel and of each type of Contractor's Equipment, required on the Site for each major stage; and
(iii) the Contractor's proposed manning schedule for the Operation Service. Unless the Employer's Representative, within 21 days after receiving a programme, gives Notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the programme, subject to his other obligations under the Contract. The Employer's Personnel shall be entitled to rely upon the programme when planning their activities.
If, at any time, the Employer's Representative gives Notice to the Contractor that a programme fails (to the extent stated) to comply with the Contract or to be consistent with actual progress and the Contractor's stated intentions, the Contractor shall submit, within 14 days, a revised programme to the Employer's Representative in accordance with this Sub-Clause.
Each Party shall endeavour to advise the other Party in advance of any known or probable future events or circumstances which may adversely affect the work, increase the Contract Price or delay the execution of the Works or the Operation Service. The Employer's Representative may require the Contractor to submit an estimate of the anticipated effect of the future events or circumstances, and/or a proposal under Sub-Clause 13.3 [Variation Procedure].
If the Contractor fails to complete the Design-Build in accordance with the requirements of Sub-Clause 9.2 [Time for Completion of Design-Build ], he shall pay delay damages as detailed in Sub-Clause 9.6 [Delay Damages relating to Design-Build].
If the Contractor fails or is unable to provide the Operation Service for the complete period specified in the Contract, or parts of the Operation Service, and such failure is: (a) due to a cause for which the Contractor is responsible; and
(b) results in the Employer losing revenue or income which the Employer would normally have expected to receive during the Operation Service Period; or (c) results in the Employer suffering any other loss which he would not have
suffered but for such failure,
then the Contractor shall pay to the Employer compensation in accordance with Sub- Clause 10.6 [Delays and Interruptions during the Operation Service].
Performance of the Contractor's obligations in respect of the Contract shall not be considered to have been completed until the Contract Completion Certificate has been signed by the Employer's Representative and issued to the Contractor, stating the date on which the Contractor completed his obligations in respect of both the Design-Build and the Operation Service (Contract Completion Date).
The Employer's Representative shall, subject to Sub-Clause 11.8 [Joint Inspection
Prior to Contract Completion], Sub-Clause 10.8 [Completion of Operation Service ]
8.4 Advance Warning 8.5 Delay Damages 8.6 Contract Completion Certificate
and Sub-Clause 4.23 [Contractor's Operations on Site], issue the Contract Completion Certificate to the Contractor, with a copy to the Employer, within 21 days after the last day of the Contract Period. No extension of the Operation Service Period shall be allowed except by written agreement between the Parties.
Only the Contract Completion Certificate shall be deemed to constitute the Employer's acceptance of the Contractor's completion of his obligations under the Contract. Following the issue of the Contract Completion Certificate the Employer shall be fully responsible for the care, safety, operation, servicing and maintenance of the Works.
The Contractor shall ensure that the Works comply with the handback requirements specified in the Employer's Requirements prior to the issue of the Contract Completion Certificate.
After the Contract Completion Certificate has been issued, each Party shall remain liable for the fulfilment of any obligation under the Contract which remains unperformed at that time. For the purposes of determining the nature and extent of unperformed obligations, the Contract shall be deemed to remain in force.
The Contractor shall commence the design and execution of the Works within 28 days of the Commencement Date, and shall then proceed with the Design-Build with due expedition and without delay.
The Contractor shall complete the whole of the Design-Build of the Works, and each Section (if any), within the Time for Completion of Design-Build of the Works or Section (as the case may be) as set out in the Contract Data, including:
(a) passing the Tests on Completion under Sub-Clause 11.1 [Testing of the Works] ; (b) completing all work which is stated in the Contract as being required under
Sub-Clause 11.5 [Completion of the Works and Sections]; and
(c) preparation and delivery to the Employer's Representative of Contractor's Documents required under Sub-Clause 5.2 [Contractor's Documents].
The Contractor shall be entitled, subject to Sub-Clause 20.1 [ Contractor's Claims ], to an extension of the Time for Completion of Design-Build if and to the extent that completion for the purposes of Sub-Clause 11.5 [ Completion of the Works and
Sections ] is or will be delayed by any of the following causes:
(a) a Variation (unless an adjustment to the Time for Completion of Design-Build has been agreed under Sub-Clause 13.3 [Variation Procedure]);
(b) a cause of delay giving an entitlement to extension of time under a Sub-Clause of these Conditions;
(c) exceptionally adverse climatic conditions;
(d) Unforeseeable shortages in the availability of personnel or Goods caused by epidemic or governmental actions; or
(e) any delay, impediment or prevention caused by or attributable to the Employer, the Employer's Personnel, or the Employer's other contractors on the Site. 8.7 Handback Requirements 8.8 Unfulfilled Obligations 9.1 Commencement of Design-Build 9.2
Time for Completion of Design-Build
9.3
Extension of Time for Completion of
Design-Build