Common use of PAYMENT ON INTERMEDIATE CERTIFICATE TO BE REGARDED AS ADVANCES Clause in Contracts

PAYMENT ON INTERMEDIATE CERTIFICATE TO BE REGARDED AS ADVANCES. No payments shall ordinarily be made for work estimated to cost less then Rs. 1,000/- (Rs. One Thousand) till after the whole of the works shall have been completed and certificate of completion given but if intermediate payment during the course of execution of works is considered desirable in the interest of works, the contractor may be paid at the discretion of the Officer-in-charge But in the case of works estimated to cost more then rupees one thousand, the contractor shall on submitting the bill therefore be entitled to receive a monthly payment proportionate to the part thereof then approved and passed by the Officer-in-charge whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payments shall be regarded as payments by way of advance against the final payment for works actually done and completed and shall not preclude the requiring of bad unsound and imperfect or unskillful work to be removed and taken away and reconstructed or erected or be considered as an admission of the due performance of the contract or any such part thereof, in any respect, or the accruing of any claim, nor shall it conclude determine, or affect in any way the powers of the Officer - in-charge under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for completion of the work, otherwise the Officer- in-charge’s certificate of the measurement and of the total amount payable for work accordingly shall be final and binding on all parties. Clause 8 - Bills to be submitted monthly: "A bill shall be submitted by the contractor by 15th day of each month for all works executed by him till the end of previous month less the gross amount received by him till the last previous month. This bill must be supported by records of detail measurement of quantities of all executed items of work along with true copies of record and result of all tests conducted in the previous month (date wise). The Commissioner/CMO shall take or cause to be taken the requisite measurement for purpose of having the same verified/checked by the sub Engineer/Assistant Engineer/Commissioner/CMO concern for quantity, quality and specification and examining all the "test results" and record the same in the Departmental measurement, book. Based on above record measurement bill shall be corrected /prepared afresh. The contractor shall sign the measurement and the bill. by 25 th day of the month subject to availability of the funds If the contractor fails to submit, the bill on or before the day prescribed, the Commissioner/CMO after waiting for another 15 days shall depute a subordinate to measure the said work in the presence of contractor and or his authorized Engineer/Representative, whose counter signature to the measurement recorded with quantity and quality remark will be sufficient proof for acceptance of the same and shall be binding on the contractor. All such running bill payments are by way of "Advances" and shall be subject to final adjustment.

PAYMENT ON INTERMEDIATE CERTIFICATE TO BE REGARDED AS ADVANCES. No payments payment shall ordinarily be made for work work, estimated to cost Rupees Twenty Thousand or less then Rs. 1,000/- (Rs. One Thousand) till after the whole of the works work shall have been completed and certificate of completion given but if intermediate payment during the course of execution of works is considered desirable in the interest of works, the contractor may be paid at the discretion of the Officer-in-charge But in the case of given. For works estimated to cost more then rupees one thousand, over Rupees Twenty Thousand and interim or running account bills shall be submitted by the contractor for the work executed on the basis of such recorded measurements on the format of the NIPER on or before the date of every month fixed for the same by the Engineer-in-Charge. The contractor shall on submitting the bill therefore not be entitled to receive a monthly be paid any such interim payment proportionate to if the part thereof then approved and passed by gross work done together with net payment/ adjustment of advances for material collected, if any, since the Officerlast such payment is less, than the amount specified in schedule 'F', in which case the interim bill shall be prepared on the appointed date of the month after the requisite progress is achieved. Engineer-in-charge whose certificate of such approval and passing Charge shall arrange to have the bill verified by taking or causing to be taken where necessary, the requisite measurements of the sum so payable work. In the event of the failure of the contractor to submit the bills, Engineer- in-Charge shall prepare or cause to be prepared such bills in which event no claims whatsoever due to delays on payment including that of interest shall be final and conclusive against payable to the contractor. But all Payment on account of amount admissible shall be made by the Engineer- in-Charge certifying the sum to which the contractor is considered entitled by way of interim payment at such intermediate rates as decided by the Engineer-in-Charge. All such interim payments shall be regarded as payments payment by way of advance advances against the final payment for works actually done and completed only and shall not preclude the requiring of bad bad, unsound and imperfect or unskillful unskilled work to be removed and rejected, removed, taken away and reconstructed or erected re recorded. Any certificate given by the Engineer-in-Charge relating to the work done or materials delivered forming part of such payment, may be considered as an admission of modified or corrected by the due performance of final certificate by any subsequent such certificate(s) or by the final certificate and shall not by itself be conclusive evidence that any work or materials to which it relates is/ are in accordance with the contract and specifications. Any such interim payment, or any such part thereof, thereof shall not in any respectrespect conclude, or the accruing of any claim, nor shall it conclude determine, determine or affect in any way the powers of the Officer - Engineer-in-charge Charge under these conditions the contract or any of them such payments be treated as to the final settlement and such adjustment of the accounts or otherwise or in any other way vary or affect the contractcontract Pending consideration of extension of date of completion interim payments shall continue to be made as herein provided. Without prejudice to the right of XXXXX to taken action under the terms of this contract for delay in the completion of work, if the extension of date of completion is not granted by the competent authority. The final Engineer-in-Charge in his sole discretion on the basis of a certificate from his subordinate Engineer to the effect that the work has been done to the extent assessed and certified interim advance bill without detailed measurements for work done. Such payments shall not exceed 75% of the net amount due as per assessment. The advance payments so allowed shall be submitted by the contractor within one month of the date fixed for completion of the work, otherwise the Officer- in-charge’s certificate of the measurement and of the total amount payable for work accordingly shall be final and binding on all parties. Clause 8 - Bills to be submitted monthly: "A bill shall be submitted by the contractor by 15th day of each month for all works executed by him till the end of previous month less the gross amount received by him till the last previous month. This bill must be supported by records of detail measurement of quantities of all executed items of work along with true copies of record and result of all tests conducted adjusted in the previous month (date wise)subsequent interim bill by taking detailed measurements thereof. The Commissioner/CMO shall take or cause to be taken the requisite measurement for purpose of having the same verified/checked by the sub Engineer/Assistant Engineer/Commissioner/CMO concern for quantity, quality and specification and examining all the "test results" and record the same in the Departmental measurement, book. Based on above record measurement bill shall be corrected /prepared afresh. The contractor shall sign the measurement and the bill. by 25 th day of the month subject to availability of the funds If the contractor fails to submit, the bill on or before the day prescribed, the Commissioner/CMO after waiting for another 15 days shall depute a subordinate to measure the said work in the presence of contractor and or his authorized Engineer/Representative, whose counter signature to the measurement recorded with quantity and quality remark will be sufficient proof for acceptance of the same and shall be binding on the contractor. All such running bill payments are by way of "Advances" and shall be subject to final adjustment.CLAUSE 8