Common use of Omissions Clause in Contracts

Omissions. If a Variation the subject of a direction by the Contractor’s Representative omits any part of the Subcontract Works, the Contractor may thereafter carry out this omitted work either itself or by engaging Other Contractors. Daywork If the Subcontractor is given an instruction under clause 11.2(c) or clause 12.23(d) to carry out work as daywork, the Subcontractor must: carry out the daywork in an efficient manner; and after the instruction, provide the Contractor’s Representative with a written report each day signed by the Subcontractor which: records particulars of all resources used by the Subcontractor for the execution of the daywork; and includes the particulars and copies of time sheets, wages sheets, invoices, receipts and other documents evidencing the cost of the daywork. The Contractor’s Representative may direct the manner in which such matters are to be recorded. Valuation of Daywork In determining the value of work which the Contractor’s Representative instructed was to be carried out as daywork, the Contractor’s Representative will have regard to: the amount of wages and allowances paid or payable by the Subcontractor at: the rates pertaining at the Site at the time as established by the Subcontractor to the reasonable satisfaction of the Contractor’s Representative; or other reasonable rates approved by the Contractor’s Representative; the percentage specified in the Subcontract Particulars of the wages paid or payable under paragraph (a); the amount of hire charges in respect of plant approved by the Contractor’s Representative for use on the work in accordance with the hiring rates and conditions: agreed between the Contractor’s Representative and the Subcontractor; or failing agreement, reasonably determined by the Contractor’s Representative; the reasonable amounts paid for services, subcontracts and professional fees; and the actual cost to the Subcontractor at the Site of all materials supplied and required for the work, to which will be added: the percentages of the amounts determined under paragraphs (a) - (e) specified in the Subcontract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; and the reasonable costs incurred by the Subcontractor as a direct result of the Variation delaying the Subcontractor. Subcontractor Variation Request The Subcontractor may, for its convenience, request the Contractor’s Representative to direct a Variation. Any such request must be in writing and must contain the following details: a description of the Variation; the additional or reduced costs or time involved in the Variation and any proposal for sharing any savings in costs with the Contractor including the amount; any benefits which will flow to the Commonwealth from the Variation; and the effect which the Variation will have upon the future cost of operating and maintaining the Subcontract Works.

Appears in 4 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

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Omissions. If a Variation the subject of a direction by the Contractor’s Representative omits any part of the Subcontract Works, the Contractor may thereafter carry out this omitted work either itself or by engaging Other Contractors. Daywork If the Subcontractor is given an instruction under clause 11.2(c(c) or clause 12.23(d(d) to carry out work as daywork, the Subcontractor must: carry out the daywork in an efficient manner; and after the instruction, provide the Contractor’s Representative with a written report each day signed by the Subcontractor which: records particulars of all resources used by the Subcontractor for the execution of the daywork; and includes the particulars and copies of time sheets, wages sheets, invoices, receipts and other documents evidencing the cost of the daywork. The Contractor’s Representative may direct the manner in which such matters are to be recorded. Valuation of Daywork In determining the value of work which the Contractor’s Representative instructed was to be carried out as daywork, the Contractor’s Representative will have regard to: the amount of wages and allowances paid or payable by the Subcontractor at: the rates pertaining at the Site at the time as established by the Subcontractor to the reasonable satisfaction of the Contractor’s Representative; or other reasonable rates approved by the Contractor’s Representative; the percentage specified in the Subcontract Particulars of the wages paid or payable under paragraph (a); the amount of hire charges in respect of plant approved by the Contractor’s Representative for use on the work in accordance with the hiring rates and conditions: agreed between the Contractor’s Representative and the Subcontractor; or failing agreement, reasonably determined by the Contractor’s Representative; the reasonable amounts paid for services, subcontracts and professional fees; and the actual cost to the Subcontractor at the Site of all materials supplied and required for the work, to which will be added: the percentages of the amounts determined under paragraphs (a) - (e) specified in the Subcontract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; and the reasonable costs incurred by the Subcontractor as a direct result of the Variation delaying the Subcontractor. Subcontractor Variation Request The Subcontractor may, for its convenience, request the Contractor’s Representative to direct a Variation. Any such request must be in writing and must contain the following details: a description of the Variation; the additional or reduced costs or time involved in the Variation and any proposal for sharing any savings in costs with the Contractor including the amount; any benefits which will flow to the Commonwealth from the Variation; and the effect which the Variation will have upon the future cost of operating and maintaining the Subcontract Works.

Appears in 1 contract

Samples: Formal Agreement

Omissions. If a Variation the subject of a direction by the Contractor’s 's Representative omits any part of the Subcontract WorksWorks or a Stage, the Contractor may thereafter carry out this omitted work either itself or by engaging Other Contractors. Daywork If the Subcontractor is given an instruction under clause 11.2(c) or clause 12.23(d12.19(d) to carry out work as daywork, the Subcontractor must: carry out the daywork in an efficient manner; and after the instruction, each day provide the Contractor’s 's Representative with a written report each day signed by the Subcontractor which: records particulars of all resources used by the Subcontractor for the execution of the daywork; and includes the particulars and copies of time sheets, wages sheets, invoices, receipts and other documents evidencing the cost of the daywork. The Contractor’s 's Representative may direct the manner in which such matters are to be recorded. Valuation of Daywork In determining the value of work which the Contractor’s 's Representative instructed was to be carried out as daywork, the Contractor’s 's Representative will have regard to: the amount of wages and allowances paid or payable by the Subcontractor at: the rates pertaining at the Site at the time as established by the Subcontractor to the reasonable satisfaction of the Contractor’s 's Representative; or other reasonable rates approved by the Contractor’s 's Representative; the percentage specified stated in the Subcontract Particulars of the wages paid or payable under paragraph (a); the amount of hire charges in respect of plant approved by the Contractor’s 's Representative for use on the work in accordance with the hiring rates and conditions: agreed between the Contractor’s 's Representative and the Subcontractor; or failing agreement, reasonably determined by the Contractor’s 's Representative; the reasonable amounts paid for services, subcontracts and professional fees; and the actual cost to the Subcontractor at the Site of all materials supplied and required for the work, to which will be added: the percentages of the amounts determined under paragraphs (a) - (e) specified in the Subcontract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; and the any reasonable costs and expenses incurred by the Subcontractor as a direct result of arising from the Variation delaying the Subcontractor. Variations Requested by Subcontractor Variation Request The Subcontractor may, for its convenience, request the Contractor’s 's Representative to direct a Variation. Any such request must be in writing and must contain the following details: a description of the Variation; the additional or reduced costs or time involved in the Variation and any proposal for sharing any savings in costs with the Contractor including the amount; any benefits which will flow to the Commonwealth from the Variation; and the effect which the Variation will have upon the future cost of operating and maintaining the Subcontract Works.

Appears in 1 contract

Samples: Formal Agreement

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Omissions. If a Variation the subject of a direction by the Contractor’s 's Representative omits any part of the Subcontract WorksWorks or a Stage, the Contractor may thereafter carry out this omitted work either itself or by engaging Other Contractors. Daywork If the Subcontractor is given an instruction under clause 11.2(c(c) or clause 12.23(d(d) to carry out work as daywork, the Subcontractor must: carry out the daywork in an efficient manner; and after the instruction, each day provide the Contractor’s 's Representative with a written report each day signed by the Subcontractor which: records particulars of all resources used by the Subcontractor for the execution of the daywork; and includes the particulars and copies of time sheets, wages sheets, invoices, receipts and other documents evidencing the cost of the daywork. The Contractor’s 's Representative may direct the manner in which such matters are to be recorded. Valuation of Daywork In determining the value of work which the Contractor’s 's Representative instructed was to be carried out as daywork, the Contractor’s 's Representative will have regard to: the amount of wages and allowances paid or payable by the Subcontractor at: the rates pertaining at the Site at the time as established by the Subcontractor to the reasonable satisfaction of the Contractor’s 's Representative; or other reasonable rates approved by the Contractor’s 's Representative; the percentage specified stated in the Subcontract Particulars of the wages paid or payable under paragraph (a); the amount of hire charges in respect of plant approved by the Contractor’s 's Representative for use on the work in accordance with the hiring rates and conditions: agreed between the Contractor’s 's Representative and the Subcontractor; or failing agreement, reasonably determined by the Contractor’s 's Representative; the reasonable amounts paid for services, subcontracts and professional fees; and the actual cost to the Subcontractor at the Site of all materials supplied and required for the work, to which will be added: the percentages of the amounts determined under paragraphs (a) - (e) specified in the Subcontract Particulars for non-time related on-site overheads and preliminaries and off-site overheads and profit; and the any reasonable costs and expenses incurred by the Subcontractor as a direct result of arising from the Variation delaying the Subcontractor. Variations Requested by Subcontractor Variation Request The Subcontractor may, for its convenience, request the Contractor’s 's Representative to direct a Variation. Any such request must be in writing and must contain the following details: a description of the Variation; the additional or reduced costs or time involved in the Variation and any proposal for sharing any savings in costs with the Contractor including the amount; any benefits which will flow to the Commonwealth from the Variation; and the effect which the Variation will have upon the future cost of operating and maintaining the Subcontract Works.

Appears in 1 contract

Samples: Formal Agreement

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