(a) Within 14 days after the Effective Date, SUBCONTRACTOR shall submit to MMHE’s Site Representative for his approval:
(i) a WORK programme showing a breakdown of the WORK to be done by SUBCONTRACTOR and when they are planned to be done (the
“Works Programme”);
(ii) a procedure or method statement setting out how he proposes to carry out the WORK, and shall whenever required by the Project Manger furnish for his information further particulars in writing of
SUBCONTRACTOR's arrangements for the carrying out of the WORK; submission to and approval by MMHE’s Site Representative of such Works Programme or the furnishing of such particulars shall not relieve SUBCONTRACTOR of any of his duties or responsibilities under the SUBCONTRACT.
14.2 Modification or Revision to Works Programme
(a) MMHE may from time to time during the progress of the WORK make modification or revision to the Works Programme to take into account any changed circumstances or events affecting the progress and/or the execution of the Main Contract works.
(b) SUBCONTRACTOR shall update, make modification or revision to the Works Programme to reflect such modification or revision and submit to MMHE within seven (7) days.
(c) Should:
(i) the actual progress of the WORK not follow the Works Programme;
or
(ii) the Completion Date be extended pursuant to the SUBCONTRACT;
or
(iii) MMHE’s Site Representative otherwise reasonably consider that the Works Programme needs to be revised,
then MMHE’s Site Representative may request in writing that SUBCONTRACTOR revise the Works Programme. SUBCONTRACTOR shall provide such revised programme within seven (7) days of such request. The revised Works Programme shall show completion by the Completion Date or any extension thereto pursuant to Clause 12:[Delays and Delay Damages] of the SUBCONTRACT.
(d) No aforementioned modification or revision to the Works Programme and/or the execution of the WORK shall entitle the SUBCONTRACTOR to additional compensation unless it arises from a change pursuant to Clause 13:[Change in the WORK] herein. Nor shall it entitle the SUBCONTRACTOR to adjustment of the Completion Date unless it arises from a change pursuant to Clause 13:[Change in the WORK] herein or from an extension of the Completion Date pursuant to the SUBCONTRACT. For clarity, SUBCONTRACTOR shall be entitled to an extension of time/costs in accordance with the SUBCONTRACT if the revised Works Program implemented is attributable to MMHE.
14.3 Methods of Working
(a) SUBCONTRACTOR shall adopt methods of working, Constructional Plant and Temporary Works which will be safe and proper during construction, and which will ensure properly constructed WORK.
(b) In programming the WORK, SUBCONTRACTOR shall comply with the provision of this sub-clause.
14.4 Modification or Revision to Method of Working
MMHE has the right to vary at no cost to MMHE, SUBCONTRACTOR's methods of working and Temporary Works to comply with the provisions of this SUBCONTRACT.
14.5 Expediting Progress of WORK 14.5.1 Notification to Expedite
SUBCONTRACTOR shall immediately notify MMHE in writing if the progress of the WORK or any section of the WORK is not in accordance with the Works Programme, or it becomes evident that the progress has been too slow to ensure completion of the WORK by the Completion Date or any extension thereto pursuant to the SUBCONTRACT. SUBCONTRACTOR’s notice must:
(a) be in writing;
(b) dated;
(c) clearly identify the steps to be taken; and (d) clearly identify the date to complete the steps.
If SUBCONTRACTOR fails to issue the notice, MMHE reserves the right to recover all costs due to SUBCONTRACTOR default.
14.5.2 Work to Expedite the Progress
(a) MMHE may instruct the SUBCONTRACTOR to submit, under Sub-Clause 14.2:[Modification or Revision to Works Programme], a revised programme and supporting report describing the revised methods which the SUBCONTRACTOR proposes to adopt in order to expedite progress and complete within the WORK by the Completion Date.
Unless MMHE notifies otherwise, the SUBCONTRACTOR shall adopt these revised methods, which may require working overtime, additional shifts, night shifts, weekend working, and providing additional workmen and Constructional Plant, all at SUBCONTRACTOR’s costs.
SUBCONTRACTOR shall upon the receipt of such instruction take immediate steps to expedite the progress of the WORK in order to complete the WORK by the Completion Date as stipulated in Appendix 1:[Summary of SUBCONTRACT], or any or any extension thereto pursuant to the SUBCONTRACT.
(b) If SUBCONTRACTOR fails to take the required steps to recover from the delay within such time as stipulated by MMHE, MMHE reserves the right to mobilise its own resources or those of a third-party, or from any other resources to expedite and complete the WORK or any part thereof, the cost of which shall be deducted from any payment due to SUBCONTRACTOR or backcharged to SUBCONTRACTOR at cost plus fifteen percent (15%). In addition, MMHE may suspend payment to the SUBCONTRACTOR in respect of amounts due and owing to the SUBCONTRACTOR. Notwithstanding the aforesaid, MMHE retains the right to treat the failure as default of the SUBCONTRACTOR pursuant to Clause 18:[Default of the SUBCONTRACTOR] entitling MMHE to terminate the SUBCONTRACT pursuant to Clause 19:[Discontinuance and Termination].
(c) Notwithstanding the foregoing, MMHE’s Site Representative may also issue orders in writing for overtime or additional overtime to be worked (with or without Sunday work or night work) by SUBCONTRACTOR to complete the WORK or any part thereof earlier than the Completion Date or any extension thereto pursuant to the SUBCONTRACT, but in such an event such additional cost directly arising therefrom as may be certified by MMHE’s Site Representative shall be added to the SUBCONTRACT PRICE.
(d) SUBCONTRACTOR shall in all instances advise MMHE’s Site Representative of his intention to work overtime which shall be subject to MMHE’s Site Representative's written approval.
14.6 Tests on Completion
14.6.1 SUBCONTRACTOR’s Obligations
SUBCONTRACTOR shall carry out such Tests on Completion of the WORK as provided in the Scope of Work Such Tests on Completion shall be instructed in writing by MMHE’s Site Representative and shall be deemed to be included in the SUBCONTRACT PRICE.
14.6.2 Notice of Tests and Test Report
(a) SUBCONTRACTOR shall give MMHE’s Site Representative reasonable notice in writing of the date after which he will be ready to carry out such tests. Unless otherwise agreed, such tests shall take place within three (3) days after the date of MMHE’s Site Representative’s instruction, and shall be carried out on such day or days as MMHE’s Site Representative shall in writing notify SUBCONTRACTOR.
(b) Not more than 3 months before the Completion Date the SUBCONTRACTOR shall submit in writing to MMHE for his approval full details of the test methods and procedures and methods of evaluation it proposes for the tests ("Test Procedures"). Following submission of such Test Procedures, MMHE shall notify the SUBCONTRACTOR in writing whether or not the same are approved and, if not, shall give particulars of the modifications he requires. Within 10 days after any such notification of disapproval, the SUBCONTRACTOR shall revise the disapproved Test Procedures to incorporate the modifications required by MMHE and submit the revised Test Procedures to MMHE for approval. The test methods and procedures and methods of evaluation for the tests shall be those contained in the Test Procedures approved by MMHE.
(c) The SUBCONTRACTOR shall provide all apparatus, assistance, documents and other information, equipment, consumables, instruments, labour, materials, and suitably qualified and experienced staff, as are necessary to carry out the specified tests efficiently. The SUBCONTRACTOR shall agree, with MMHE, the time and place for the specified testing of any Materials and other parts of the WORK in accordance with the Test Procedures.
(d) SUBCONTRACTOR shall promptly forward to MMHE duly certified reports of the tests. When the specified tests have been passed, MMHE shall endorse the SUBCONTRACTOR’s test certificate.
15. GUARANTEE AND DEFECTS LIABILITY