Priority of Contract Documents دقعلا تادنتسم نçب ةيولولأا
Custody and Supply of Drawings and Documents اهميدقتو تادنتسلماو تاموسرلا ظفح
One Copy of Documents to be Kept on Site عقولما يe تادنتسلما نم ةخسنب ظافتحلاا
Notice of Disruption of Progress لامعلأا لطعتب راطخلإا
Delays and Cost of Delay in Issue of Documents تادنتسلما رادصإ يe رخأتلا ةفلكتو ﺮçخأتلا تلااح
Failure by Contractor to Submit Documents تادنتسملل لواقلما ميدقت مدع
Supplementary Drawings, Specification and Instructions
ةيليمكتلا تاميلعتلاو تافصاولماو تاموسرلا
Permanent Works Designed by Contractor لواقلما اهممصي yuلا ةمئادلا لامعلأا Responsibility Unaffected by Approval دامتعلااب ةيلوؤسلما رثأت مدع Information & Documents تادنتسلماو تامولعلما
GENERAL OBLIGATIONSةماع تاماzsلا
Contractor’s General Responsibilities لواقملل ةماعلا تايلوؤسلما
Site Operations and Methods of Construction ءاشنلإاو ءانبلا قرطو عقولما تايلمع
Decennial Liability تاونس رشعل ةيلوؤسلما لمحت
Contract Agreement دقعلا ةيقافتا
Performance Security ءادلأا نسح نامض
Period of Validity of Performance Security ءادلأا نسح نامض نايرس ةﺮuف Claims under Performance Security ءادلأا نسح نامض بجومب ةرداصلا تابلاطلما Default of Institution Providing Security نامضلل ةردصلما ةسسؤلما ﺮçصقت Inspection of Site عقولما صحف
Access to Data تانايبلا ىrإ لوصولا
Sufficiency of Tender ءاطعلا ةيافك
Not Foreseeable Physical Obstructions or Conditions
Minimum Amount of Insurance نçمأتلا غلبلم ىندلأا دحلا
Cross Liabilities ةلدابتلما تاماyuللاا
Accident or injury to Workmen ةباصلإا وأ ثداوحلل لامعلا ضرعت
Insurance against Accident to Workmen لامعلا ثداوح دض نçمأتلا
Evidence and Terms of Insurance نçمأتلا طورشو تابثإ
Adequacy of Insurance نçمأتلا ةيافك
Remedy on Contractor’s Failure to Insure نçمأتلل لواقلما ﺮçفوت مدع ىıع ررقلما ضيوعتلا Compliance with Policy Conditions نçمأتلا ةقيثو طورشل لاثتملاا Compliance with Statutes, Regulations حئاوللاو نçناوقلل لاثتملاا Fossils تايرفحلا
Patent Rights عاﺮuخلاا ةءارب قوقح
Interference with Traffic and Adjoining Properties ةرواجلما تايكللماو رورلما قرط عم لخادتلا
Avoidance of Damage to Roads قرطلاب رارضلإا بنجت
Transport of Contractor’s Equipment or Temporary Works
ةتقؤلما لامعلأا وأ لواقلما تادعم لقن
Transport of Materials or Plant ةزهجلأا وأ داولما لقن
Waterborne Traffic ءالما ﺮcع لقنلا ةكرح
Opportunities for Other Contractors نيرخلآا نçلواقلما صرف
Facilities for Other Contractors نيرخلآا نçلواقملل ةحونملما تلايهستلا
Contractor to Keep Site Clear عقولما ةفاظن ىıع ظافحلاب لواقلما ماyuلا Clearance of Site on Completion لامعلأا زاجنإ دعب عقولما ءلاخإ LABOURةلامعلا
Engagement of Staff and Labour لامعلاو نçفظولما كارشإ
Supply of Water ﻩايلماﺮçفوت
Alcoholic Liquor or Drugs تاردخلما وأ تايلوحكلا
Arms and Ammunition رئاخذلاو ةحلسلأا
Festivals and Religious Customs ةينيدلا تاداعلاو تابسانلما
Disorderly Conduct طبضنلما ﺮçغ كولسلا
Labour Laws لمعلا نçناوق
Observance by Subcontractors نطابلا نم نçلواقلما ماyuلا
Returns of Labour and Contractor’s Equipment لواقلما تادعمو ةلامعلا ةداعإ تانايب
Records of Safety and Health ةحصلاو ةملاسلا تلاجس
Reporting of Accidents ثداوحلا نع غلابلإا
MATERIALS, PLANT AND WORKMANSHIPةيعنصلماو ةزهجلأاو داولما
Quality of Materials Plant and Workmanship ةيعنصلماو ةزهجلأاو داولما ةدوج
Cost of Samples تانيعلا ةفلكت
Cost of Tests تارابتخلاا ةفلكت
Cost of Test not Provided for دقعلا يe ا,;لع صوصنلما ﺮçغ تارابتخلاا ةفلكت
Engineer’s Determination where Tests not Provided for
دقعلا يe ا,;لع صوصنم تارابتخلاا نكت مل اذإ سدنهلما رارق
Inspection of Operations تايلمعلا صحف
Inspection and Testing رابتخلااو صحفلا
Dates for Inspection and Testing رابتخلااو صحفلا خيراوت
Independent Inspection لقتسلما صحفلا
Examination of Work Before Covering up ةيطغتلا لبق لامعلاا صحف Uncovering and Making Openings تاحتفلا لمعو فشكلا Removal of Improper Work, Materials or Plant ةبسانلما ﺮçغ ةزهجلأا وأ داولما وأ لامعلأا ةلازإ Default of Contractor in Compliance لواقلما لاثتما مدع
Suspension of Work لمعلا فاقيإ
Engineer’s Determination following Suspension لامعلأا فاقيإ دعب سدنهلما رارق
Suspension lasting more than 84 days اموي 84 نم ﺮuكلأ رمتسي يذلا فاقيلإا
COMMENCEMENT AND DELAYSﺮşخأتلاو ءدبلا
Commencement of Works لامعلأا ءدب
Possession of Site and Access thereto هيلإ لوصولاو عقولما ةزايح
Failure to Give Possession ةزايحلا حنم مدع
Rights of Way and Facilities قفارلماو قيرطلا قوقح
Use of Site عقولما مادختسا
Time for Completion زاجنلإا تقو
Extension of Time for Completion زاجنلإا تقو ديدمت
Contractor to Provide Notification and Detailed Particulars
Interim Determination of Extension yuمزلا ديدمتلل تقؤلماريرقتلا Restriction on Working Hours لمعلا تاعاس ىıع ةضورفلما دويقلا Overtime of Engineer and Others اهﺮçغو ةيفاضلإا لمعلا تاقوأ Rate of Progress مدقتلا لدعم
Penalty for Delay ﺮçخأتلا ةمارغ
Reduction of Penalty ةمارغلا ضيفخت
Taking-Over Certificate ملاتسلاا ةداهش
Taking-Over of Sections or Parts ءازجلأا وأ ماسقلأا ملاتسا
Substantial Completion of Parts ةﺮçبك ةروصب ءازجلأا زاجنإ
the Contract as a Subcontractor for a part of the Works or any person to whom a part of the Works has been Subcontracted with the consent of the Engineer and the legal successors in title to such person, but not any assignee of any such person, without the Employer’s consent.
appointed from time to time by the Engineer under Sub-Clause 2.2.
(vii) “Service Authority” means the Sharjah Government Departments, Federal Government Ministries and Departments, and Sharjah Public Authorities including but not limited to Sharjah Electricity and Water Authority (Electricity Department and Water Department), Etisalat, Sharjah Municipality, Sharjah Roads & Transport Authority, Civil Defence, Sharjah Police or Sharjah Civil Aviation Authority.
under Clause 51, or any specifications submitted by the Contractor and approved by
.سدنهلما اهدمتعيو لواقلما اهمدقي
(iii) “Drawings” means all drawings, calculations and technical information of a like nature provided by the Engineer to the Contractor under the Contract and all drawings, calculations, samples, patterns, models, operation and maintenance manuals and other technical information of a like nature submitted by the Contractor and approved by the Engineer.
completed bill of quantities referred to in Sub- Clause 5.2.
ي>رفلا دنبلا يe هيلإ راشلما لمتكلماو رعسلما
(v) “Tender” means the Contractor’s priced offer
همدقي يذلا ضرعلا هب دصقيُ
inclusive of Instructions to Tenderers, Notices to Tenderers, completed Form of Tender, Appendix to Tender and Annexes thereto, to the Employer for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract, as accepted by the Letter of Acceptance.
(vi) “Letter of Acceptance” means one of the following documents issued by the Employer to the Contractor,(and its effective date shall be as stated here below):
(A) Letter titled “Letter of Intent” stating what the
Agreement referred to in Sub-Clause 9.1. .1-9 ي>رفلا دنبلا يe ا,;لإ راشلما
(viii) “Appendix to Tender” means the appendix
لومشلما قحللما هب دصقيُ
comprised in the Form of Tender annexed to these Conditions. Where an “Appendix to Contract Agreement” has been annexed to the Contract Agreement, all references to the “Appendix to Tender” shall be read as “Appendix to Contract Agreement”.
(c) (i) “Commencement Date” means the date for ءدب خيرات yuعي "ءدبلا خيرات" (1) commencement of the Works, as stated in the لوبقلا باطخ يe روكذم وه امك ،لامعلأا
Letter of Acceptance or as agreed in writing by the Employer
نم ايطخ هيلع قفتم وه امك وأ
(ii) “Time for Completion” means the time for completing the execution of and passing the Tests on Completion of either the whole of the Works or any Section stated in the Contract calculated from and including the
(ii) “Taking-Over Certificate” means a certificate
ةداهش ا,y دصقيُ
"لامعلأا ملاتسا ةداهش"
issued pursuant to Clause 48.. .48 دنبلا بجومب ةرداصلا ملاتسلاا
(e) (i) “Contract Price” means the sum stated in the Letter of Acceptance as payable to the Contractor for the execution and completion of the Works and the remedying of any defects therein in accordance with the provisions of the Contract.
(iv) “writing” means any hand written, type written and facsimile (fax) transmission.
.يتاراملإا مهردلا فلاخب
.يطخ سكافو ةيطخ ةباتك يأ yuعي "يطخ"
(h) (i) “after due consultation by the Engineer with
وحنلا ىıع سدنهلما رواشت دعب"
the Employer and the Contractor”, means that the Engineer shall, in all such instances where this wording is expressly stated in the relevant Clause(s), consult with the Employer and the Contractor to such an extent as is appropriate in the circumstances except as stated hereunder. The term “due consultation” shall not be construed in any instance as to mean no consultation with the Employer, unless:
(A) the Employer having been contacted in writing shall fail to make himself available for such consultation, having been requested to do so by the Engineer, or
(B) if in the opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property.
any on, unless otherwise specified such notice, consent, approval, icate or determination shall be in writing and the words “notify”, ify” or “determine” shall be construed accordingly. Any such ent, approval, certificate or determination shall not unreasonably ithheld or delayed.
Provided that any requisite approval shall be deemed to have been given by the Employer for any such authority exercised by the Engineer.
Notwithstanding the obligation on the Engineer, as set out above, to obtain approval, if, in the opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving the Contractor of any of his duties and responsibilities under the Contract, instruct the Contractor to execute all such work or to do all such things as may, in the opinion of the Engineer, be necessary to abate or reduce the risk. The Contractor shall forthwith comply, despite the absence of approval of the Employer, with any such instruction of the Engineer. The Engineer shall determine an addition to the Contract Price, in respect of such instruction, in accordance with Clause 52 and shall notify the Contractor accordingly, with a copy to the Employer.
Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his obligations under the Contract.
يe ةحارص هيلع صوصنم وه ام ءانثتساب ءافعلإ ةطلس يأ سدنهملل نوكي لا ،دقعلا
.دقعلا بجومب هتاماyuلا نم يأ نم لواقلما
Engineer’s Representative سدنهلما لثمم
2.2 The Engineer’s Representative shall be
نوكيو سدنهلما لثمم سدنهلما نçعي
appointed by and be responsible to the
تابجاولا ﻩذ,y علطضيو همامأ
Engineer and shall carry out such duties and exercise such authority as may be delegated to him by the Engineer under Sub-Clause 2.3.
اهلوخي دق yuلا تايحلاصلا كلت سراميو
.3-2 ي>رفلا دنبلا بجومب سدنهلما هيلإ
Engineer’s Authority to Delegate ضيوفتلل سدنهلما ةطلس
2.3 The Engineer may from time to time delegate to the Engineer’s Representative any of the duties and authorities vested in the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy thereof has been delivered to the Employer and the Contractor.
Any communication given by the Engineer’s Representative to the Contractor in
accordance with such delegation shall have the same effect as though it had been given by the Engineer. Provided that:
نم تناك ول امك ﺮçثأتلا
(a) any failure of the Engineer’s Representative to disapprove any work, materials or Plant shall not prejudice the authority of the Engineer to disapprove such work, materials or Plant and to give instructions for the rectification thereof; and
(b) if the Contractor questions any communication of the Engineer’s Representative he may refer the matter to the Engineer who shall confirm, reverse or vary the contents of such communication.
2.4 The Engineer or the Engineer’s Representative may appoint any number of persons to assist the Engineer’s Representative in the carrying out of his duties under Sub-Clause 2.2. He shall notify to the Contractor the names, duties and scope of authority of such persons.
issue any instructions to the Contractor save in so far as such instructions may be necessary to enable them to carry out their duties and to secure their acceptance of materials, Plant or workmanship as being in accordance with the Contract, and any instructions given by any of them for those purposes shall be deemed to have been given by the Engineer’s Representative
2.5 Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given by the Engineer, whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of this Sub- Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer any oral instruction of the Engineer
and such confirmation is not contradicted in writing within 7 days by the Engineer, it shall be deemed to be an instruction of the Engineer.
The provisions of this Sub-Clause shall equally apply to instructions given by the Engineer’s Representative and any assistants of the Engineer or the Engineer’s Representative appointed pursuant to Sub- Clause 2.4.
the provisions of Sub- Clause 2.1, the Engineer is required to exercise his discretion by:
(a) giving his decision, opinion or consent,
(b) expressing his satisfaction or approval,
(c) determining value , or
ي>رفلا دنبلا ماكحأب لامع نكلو
:للاخ نم ةيريدقتلا هتطلس ةسرامم
،هتقفاوم وأ هيأر وأ ﻩرارق ميدقت
،هتقفاوم وأ ﻩاضر ءادبإ وأ ،ةميقلا ديدحت
(d) otherwise taking action which may affect the rights and obligations of the Employer or the Contractor, he shall exercise such discretion impartially within the terms of the Contract and having regard to all the circumstances. Any such decision, opinion, consent, expression of satisfaction, or approval, determination of value or action may be opened up, reviewed or revised as provided in Clause 67.
2.7 The Employer’s Representative shall have no authority to issue instructions to the Contractor. However, unless otherwise stated in a letter delegating Employer’s authority to the Employer’s Representative with copies to the Contractor and the Engineer:
and where so issued, it shall be deemed to have been issued by the Employer,
.لمعلا بحاص لبق
(b) any notice, document information or thing which is required to be submitted to the Employer by the Contractor or the Engineer for the purpose of the Contract shall be submitted to the Employer’s Representative, and such submission shall be deemed to have been made to the Employer,
(c) any consultation with the Employer’s Representative shall be deemed to be a consultation with the Employer, and
(d) any consent or approval given by the Employer’s Representative shall be deemed to have been given by the Employer.
ASSIGNMENT AND SUBCONTRACTINGنطابلا نم دقاعتلاو لزانتلا
Assignment of Contract دقعلا نع لزانتلا
3.1 The Contractor shall not, without the prior consent of the Employer (which consent, notwithstanding the provisions of Sub-Clause 1.5, shall be at the sole discretion of the Employer), assign the Contract or any part thereof, or any benefit or interest therein or there under otherwise than by:
(a) a charge in favour of the Contractor’s bankers of any monies due or to become due under the Contract, or
(b) assignment to the Contractor’s insurers (in cases where the insurers have discharged the Contractor’s loss or liability) of the Contractor’s right to obtain relief against any other party liable.
4.1 The Contractor shall not Subcontract the whole of the Works. Except where otherwise provided by the Contract, the Contractor shall not Subcontract any part of the Works without the prior consent of the Engineer. Any such consent 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 Subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his
Plant or services supplied by such Subcontractor, any continuing obligation extending for a period exceeding that of the Defects Liability Period under the Contract, the Contractor shall at any time, after the expiration of such Period, assign to the Employer, at the Employer’s request and cost, the benefit of such obligation for the unexpired duration thereof.
English and Arabic Language. In the event of conflict between the English and Arabic versions, the Arabic version shall prevail.
(b) The Contract shall be governed by and construed according to the provisions of any applicable statute, ordinance, decree, proclamation, law, order, regulation or any amendment thereto having the force of law in the Emirate of Sharjah.
Priority of Contract Documents دقعلا تادنتسم نşب ةيولولأا
5.2 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 and in such event, unless otherwise provided in the Contract, the priority of the documents forming the Contract shall be as follows:
(ix) Any other document forming part of the Contract
Provided that where any document listed from (iv) to (ix) is also included within the Tender and/or the Letter of Acceptance, the priority of such document shall nevertheless be as given in the order from (iv) to (ix).
Custody and Supply of Drawings and Documents اهميدقتو تادنتسلماو تاموسرلا ظفح
6.1 The Drawings, the Conditions of Contract, the Specification, and the Bill of Quantities shall remain in the sole custody of the Engineer, but two copies thereof shall be provided to the Contractor free of charge. The Contractor shall make at his own cost any further copies required by him. Unless it is strictly necessary for the purposes of the Contract, the Drawings, Specification and other documents
and other documents whether provided by the Engineer or obtained or made by the Contractor.
.اهردصأ وأ لواقلما
One copy of Documents to be Kept on Site عقولما يá تادنتسلما نم ةخسنب ظافتحلاا
6.2 One copy of the Drawings and Specification
نم ةخسنب ظافتحلاا لواقلما ىıع بجي
provided to or supplied by the Contractor as
yuلا تافصاولماو تاموسرلا
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 authorised by the Engineer in writing.
Notice of Disruption of Progress لامعلأا لطعتبراطخلإا
6.3 The Contractor shall give notice to the Engineer, with a copy to the Employer, whenever planning or execution of the Works is likely to be delayed or disrupted unless any further drawing, specification or instruction is issued by the Engineer within a reasonable time. The notice shall include details of the drawing, specification or instruction required and of why and by when it is required including time for any clarifications needed once received and of any delay or disruption likely to be suffered if it is late.
Delays and Cost of Delay in Issue of Documents تادنتسلمارادصإ يá رخأتلا ةفلكتو ﺮşخأتلا تلااح
6.4 If, by reason of any failure or inability of the Engineer to issue, within a time reasonable in all the circumstances, any drawing, specification or instruction for which notice has been given by the Contractor in accordance with Sub-Clause 6.3, the Contractor suffers delay and/or incurs costs then the Engineer shall, after due consultation
Failure by Contractor to Submit Documents تادنتسملل لواقلما ميدقت مدع
6.5 If the failure or inability of the Engineer to issue any drawing, specification or instruction is caused in whole or in part by the failure of the Contractor to submit Drawings, Specification or other documents which he is
required to submit under the Contract, the نأب مyuلي سدنهلما نإف ،دقعلا بجومب
Engineer shall take such failure by the
دنع رابتعلاا نçع يe لواقلما قافخإ
Contractor into account when making his determination pursuant to Sub-Clause 6.4 .
Supplementary Drawings, Specification and Instructions
.4-6 ي>رفلا دنبلل اقفو ﻩرارق رادصإ
ةيليمكتلا تاميلعتلاو تافصاولماو تاموسرلا
7.1 The Engineer shall have authority to issue to the Contractor, from time to time, such supplementary Drawings, Specification and instructions as shall be necessary for the purpose of the proper and adequate execution and completion of the Works and the remedying of any defects therein. The Contractor shall carry out and be bound by the same.
Permanent Works Designed by Contractor لواقلما اهممصي yuلا ةمئادلا لامعلأا
7.2 Where the Contract expressly provides, and/or where the parties mutually agree, that part of the Permanent Works shall be designed by the Contractor, he shall:
(a) submit to the Employer and the Engineer copies of a professional indemnity insurance policy as prescribed by Annexe E annexed to these Conditions, and
(b) submit to the Engineer for approval:
(i) such drawings, specifications, calculations and other information as shall be necessary to satisfy the Engineer as to the suitability and adequacy of that design, and
(ii) operation and maintenance manuals together with drawings of the Permanent Works as completed in sufficient details to enable the Employer to operate, maintain, dismantle, reassemble and adjust the Permanent Works incorporating that design.
the performance of the Contract and shall promptly make available and deliver to the Employer all such information, data, drawings and documents in relation thereto as the Employer may from time to time reasonably request through the Engineer.
The copyright in all data, designs, drawings, models, plans, sketches, specifications, design details, photographs, brochures, reports, notes of meetings, Computer Aided Design (C.A.D.) materials, labour records, programmes, information stored in electronic format and any other materials and documents developed or prepared by the Contractor in the performance of the Contract (whether in existence or to be made) and all amendments or additions thereto and any works, designs or inventions of the Contractor incorporated or referred to therein shall forthwith be vested in the Employer. The Contractor shall not use them for any purpose other than for the performance of the Contract.
Provided that any standard specifications, details and designs previously used on other projects by the Contractor shall not fall within the scope of the preceding paragraph.
All information, data, drawings and documents of the Employer of which the Contractor may become possessed or aware
shall remain the Employer's absolute property and the Contractor shall only be entitled to use the same for the performance of the Contract.
All information, data, drawings and documentation developed or prepared by the Contractor in the performance of the Contract shall be provided to the Employer in both "hard" and "soft" copy. The Contractor shall provide with the "soft" copy form of such drawings and documents a detailed description of the drawing and/or document software version used and the applicable layering standards together with any other applicable protocols and information required for future reading of the said drawings, reproduction and a document archiving management system.
The Contractor grants to the Employer an irrevocable exclusive licence to use and have access to all of the Contractor’s computer hardware employed by the Contractor in the performance of the Contract.
The Contractor shall provide the Employer with a list of all software employed and intended to be employed in the performance of the Contract and shall provide that all licences acquired by the Contractor and to be acquired by the Contractor for software employed or to be employed by the
Contractor in the performance of the Contract be held in joint title of the Contractor and Employer until advised by the Employer otherwise, but not later than the issue of the Defects Liability Certificate.
Contract. The Contractor shall provide all offices, facilities, instruments, superintendence, labour, materials, Plant, Contractor’s Equipment, computer hardware and software compatible with that of the Employer and Engineer and all other things, whether of a temporary or permanent nature, required in, and for such design, execution, completion and remedying of any defects so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.
workmanship. Provided that the Contractor shall not be responsible (except as stated hereunder or as may be otherwise agreed) for the design or specification of Permanent Works or for the design or specification of any Temporary Works prepared by the Engineer. Where the Contract expressly provides that
designed by the Contractor, he shall be fully responsible for that part of such Works, notwithstanding any approval by the Engineer.
يأ رودص نع رظنلا ضغب ،لامعلأا
.كلذب سدنهلما نم ةقفاوم
Decennial Liability تاونسرشعل ةيلوؤسلما لمحت
8.3 The Contractor shall be liable for the consequences of errors, omissions or negligence on his part and in particular he shall be liable for any defects in the construction of any part of the Works where such defects are due to any error, omission or negligence of the Contractor or his staff provided that such defects become apparent during the period of ten years from the issue of the Taking-Over Certificate for the part of the Works in question. The liability of the Contractor shall in any event be limited to the cost of rectification of the Works. The approval of the Engineer shall not in any way absolve or relieve the Contractor from any such obligation, responsibility or liability.
9.1 The Contractor shall, when called upon so to do, enter into and execute the Contract Agreement, to be prepared by the Employer, in such format as provided for in these documents with such modification as may be necessary.
10.1 The Contractor shall, obtain security for his proper performance of the Contract, in the form of an unconditional bank guarantee from an approved bank in the Emirate of Sharjah. The Contractor shall obtain and provide to the Employer such security within 28 days after the receipt of the Letter of Acceptance in the sum stated in the Appendix to Tender. When providing such security to the Employer, the Contractor shall notify the Engineer of so doing.
The bank or institution and the terms of the guarantee shall be subject to the approval of the Employer, but shall conform with the specimen security annexed to these Conditions as ‘Annexe A’. The costs and charges of complying with the requirements of this Clause shall be borne by the Contractor.
Default of Institution Providing Security نامضلل ةردصلما ةسسؤلما ﺮşصقت
10.4 During the performance of the Contract, if in the opinion of the Employer, the bank providing the performance security experiences difficulties in abiding by its commitments, the Employer shall treat the submitted performance security as terminated and give formal notice to the Contractor to provide a new performance security on the same terms as the previous security. Should the Contractor fail to provide the new security within 14 days from the date of the Employer’s notice to this effect and from a bank approved by the Employer, then the Employer shall retain an equivalent sum of money from the payments due to the
11.1 The Employer shall have made available to the Contractor, before the submission by the Contractor of the Tender, such data on hydrological and sub-surface conditions as have been obtained by or on behalf of the Employer from investigations undertaken relevant to the Works but the Contractor shall be responsible for his own interpretation thereof. The Contractor shall be deemed to have inspected and examined the Site and its surroundings and information available in connection therewith and to have satisfied himself before submitting his Tender, as to:
(a) the form and nature thereof, including the sub-surface conditions,
(b) the hydrological and climatic conditions,
(c) the extent and nature of work and materials necessary for the execution and completion of the Works and the remedying of any defects therein, and
(d) the means of access to and egress from 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 or affect his Tender.
12.1 The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the Tender and of the rates and prices stated in the Bill of Quantities, all of which shall, except insofar as it is otherwise provided in the Contract, cover all his obligations under the Contract (including those in respect of the supply of goods, materials, Plant or services or of contingencies for which there is a Provisional Sum or a Prime Cost Rate) and all matters and things necessary for the proper execution and completion of the Works and the remedying of any defects therein.
Not Foreseeable Physical Obstructions or ا,y ؤبنتلا نكمي لا yuلا ةيدالما فورظلا وأ قئاوعلا
12.2 If, however, during the execution of the Works the Contractor encounters physical obstructions or physical conditions, other than climatic conditions on the Site, which obstructions or conditions were, in his opinion, not foreseeable by an experienced contractor, the Contractor shall forthwith give notice thereof to the Engineer, with a copy to
the Employer. Notwithstanding the foregoing, هسفن ىري yuمز ديدمت يأب ةبلاطلما
if the Contractor intends to claim any extension of time to which he may consider himself entitled, or any additional payment pursuant to this Clause, he shall give notice thereof to the Engineer, with a copy to the Employer within 14 days after the event giving rise to such claim has first arisen. No extension of time shall be allowed and no additional payment shall be made in respect of physical obstructions or physical conditions encountered by the Contractor unless he shall have served notice thereof within the said 14 days. On receipt of such notice, the Engineer shall, if in his opinion such obstructions or conditions could not have been reasonably foreseen by an experienced Contractor, after due consultation with the Employer and the Contractor determine:
(a) any extension of time to which the Contractor is entitled under Clause 44, and
(b) the amount of any costs which may have been incurred by the Contractor by reason of such obstructions or conditions having been encountered, which shall be added to the Contract Price, and shall notify the Contractor accordingly, with a copy to the Employer. Such determination shall take account of any instruction which the Engineer may issue to the Contractor in connection therewith, and any proper and reasonable measures acceptable to the Engineer which the Contractor may take in the absence of specific instructions from the Engineer.
12.3 The Contractor shall specify the exact nature of any physical obstructions or physical conditions encountered during the execution of the Works and thereafter report to the Engineer as soon as possible giving :
(a) details of the anticipated effects thereof,
(b) the measures he is taking or proposing to take, and
(c) the extent of any anticipated delay in or interference with the execution of the Works.
12.5 If the Engineer shall decide that the physical conditions or physical obstructions could in whole or in part have been reasonably foreseen by an experienced contractor he shall so inform the Contractor in writing as soon as he shall have reached that decision but the value of any variation previously
whether mentioned in the Contract or not, touching or concerning the Works. The Contractor shall take instructions only from the Engineer or, subject to the provisions of Clause 2, from the Engineer’s Representative.
لثمم نم وأ طقف سدنهلما نم تاميلعتلا
.2 دنبلا ماكحلأ اقبط ،سدنهلما
Programme to be Submitted هميدقت ررقلما جمانﺮşلا
14.1 Not later than 28 days after the date of the Letter of Acceptance, the Contractor shall submit to the Engineer for his consent, with a copy to the Employer, a programme, in such form and detail as the Engineer shall reasonably prescribe, which shall contain, inter alia:
(a) the order in which the Contractor proposes to carry out the Works;
(b) the time limits within which submission and approval of any Drawings and any Specification as the case may be are required;
(c) a general description of the arrangements and methods which the Contractor proposes to adopt for carrying out the Works; and
(d) details of the resources required to achieve the proposed programme.
The programme shall be accompanied by a complete critical path analysis for the execution of the Works.
Time for Completion (or such extended time ردصي نأب لواقلما مyuليو .(44 دنبلا بجومب
as may be allowed under Clause 44). The للاخ سدنهلما ىrإ لثامم حقنمُ جمانرب يأ
Contractor shall produce any such revised programme to the Engineer within 14 days of being requested to do so by the Engineer.
Cash Flow Estimates to be Submitted
نم كلذب مايقلاب هتبلاطم نم اموي 14
اهميدقت ررقلما ةيدقنلا تاقفدتلا تاريدقت
14.3 The Contractor shall, within 28 days after the date of the Letter of Acceptance, provide to the Engineer for his information a detailed monthly cash flow estimate, of all payments to which the Contractor will be entitled under the Contract and the Contractor shall
Contractor not Relieved of Duties or Responsibilities
.ةيدقنلا تاقفدتلل اقفو سيلو ،60
هتايلوؤسم وأ هماهم نم لواقلما ءافعإ مدع
14.4 The submission to the Engineer of such programmes or the provision of such general descriptions or cash flow estimates shall not relieve the Contractor of any of his obligations under the Contract.
15.1 The Contractor shall provide all necessary superintendence 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 authorised representative approved of by the Engineer, which approval may at any time be withdrawn shall be constantly on the Works and shall give his whole time to the superintendence of the Works. Such authorised representative shall receive, on behalf of the Contractor, instructions from the Engineer or, subject to the provisions of Clause 2, the Engineers Representative.
If approval of the representative is withdrawn by the Engineer, the Contractor shall within 28 days (or such other time as may be agreed by the Engineer) after receiving notice of such withdrawal, remove the representative from
the Works and shall not thereafter employ him again on the Works in any capacity and shall replace him by another representative approved by the Engineer.
هلدبتسيو ةفص يأب لامعلأا ىıع ىرخأ
.سدنهلما ىدل لوبقم رخآ لثممب
Language Ability of Contractor’s Representative لواقلما لثملم ةيوغللا ةردقلا
15.2 The Contractor’s authorised representative on
لواقملل ضوفلما لثملما نوكي نأ
Site shall be fluent in English. If the Contractor’s authorised representative on Site is not fluent in English, the Contractor shall employ on Site at all times a competent engineer who is fluent in English, to assist the Contractor or his authorised representative in receiving instructions pursuant to Sub¬Clause 15.1.
Engineer at Liberty to Object ضاﺮsعلاا يá سدنهلما قح
16.2 The Engineer shall be at liberty to object to
صخش يأ ىıع ضاﺮuعلاا سدنهملل قحي
and require the Contractor to remove
forthwith from the Works any person provided by the Contractor who, in the opinion of the Engineer, misconducts himself, or is incompetent or negligent in the proper performance of his duties, or whose presence on Site is otherwise considered by the Engineer to be undesirable, and such person shall not be again allowed upon the Works without the consent of the Engineer. Any person so removed from the Works shall be replaced as soon as possible. The Contractor shall be liable for any additional cost or delay due to such replacement.
ةاذاحمو داعبأو تايوتسمو عضو ةحص و ،ﻩلاعأ درو امب انهر ،لمعلا ءازجأ عيمج
ةلامعلاو ةزهجلأاو تاودلأا عيمج ﺮçفوت
appliances and labour in connection with the foregoing responsibilities.
If, at any time during the execution of the Works, any error appears in the position, levels, dimensions or alignment of any part of the Works, the Contractor shall, at his own cost, rectify such error to the satisfaction of the Engineer, unless such error is based on incorrect data supplied in writing by the Engineer, in which case the Engineer shall determine an addition to the Contract Price in accordance with Clause 52 and shall notify the Contractor, with a copy to the Employer.
The checking of any setting-out or of any line or level by the Engineer shall not in any way relieve the Contractor of his responsibility for the accuracy thereof and the Contractor shall carefully protect and preserve all bench- marks, sight-rails, pegs and other things used in setting-out the Works.
17.2 The Contractor shall liaise with the relevant authority concerning the correct orientation of the buildings towards Mecca, and he shall provide written certification to the Engineer that the buildings have been oriented to the satisfaction of such authority.
Clause 51, unless an item or a Provisional Sum in respect of such work is included in the Bill of Quantities.
Safety, Security and Protection of The Environment
لمعلا اذ,y قلعتي اميف تقؤم غلبم وأ دنب
.تايمكلا لودج يe
ةئيبلا ةيامحو نملأاو ةملاسلا
19.1 The Contractor shall, throughout the execution and completion of the Works and the remedying of any defects therein:
(a) have full regard for the safety of all persons entitled to be upon the Site and keep the Site (so far as the same is under his control) and the Works (so far as the same are not completed or occupied by the Employer) in an orderly state appropriate to the avoidance of danger to such persons,
(b) provide and maintain, at his own cost inter alia, all lights, guards, fencing, warning signs and watching, when and where necessary or required by the Engineer or by any duly constituted authority, for the protection of the Works or for the safety and convenience of the public or others,
(c) take all reasonable steps to protect the environment on and off the Site and to avoid
of the Taking-Over Certificate for the whole of the Works, when the responsibility for the said care shall pass to the Employer. Provided that:
(a) if the Engineer issues a Taking-Over Certificate for any Section or part of the Permanent Works the Contractor shall cease to be liable for the care of that Section or part from the date of issue of the Taking-Over Certificate, when the responsibility for the care of that Section or part shall pass to the Employer, and
(b) the Contractor shall take full responsibility for the care of any outstanding work and materials and Plant for incorporation therein
Defects Liability Period until such outstanding work have been completed pursuant to Clause 49.
If the Contract or the Contractor’s employment is terminated in accordance with the following provisions of these Conditions, the date of issue of the Taking-Over Certificate shall be deemed to be as follows:-
(c) Under Clause 63; the date on which the Employer enters upon the Site and terminates the employment of the Contractor.
(d) Under Clause 65 and 69; the date on which مايق خيرات ؛69و 65 نيدنبلا بجومب
the Contractor and his Subcontractors remove رخأ ةلازإب نطابلا نم هيلواقمو لواقلما
the last of their equipment. .عقولما نم مهل ةدعم
Responsibility to Rectify Loss or Damage رارضلأا وأ رئاسخلا حيحصت نع ةيلوؤسلما
20.2 If any loss or damage happens to the Works, or any part thereof, or materials or Plant for incorporation therein during the period for which the Contractor is responsible for the care thereof, from any cause whatsoever,
20.4, the Contractor shall, at his own cost, rectify such loss or damage so that the Permanent Works conform in every respect with the provisions of the Contract to the satisfaction of the Engineer. The Contractor shall also be liable for any loss or damage to the Works occasioned by him in the course of any operations carried out by him for the
purpose of complying with his obligations under Clauses 49 and 50. If the subject of the damage or loss had previously been condemned by the Engineer under the provisions of Clause 39, then the Contractor, if required by the Engineer shall be responsible for the repair and restitution thereof at his own cost.
Loss or Damage Due to Employer’s Risks
20.3 In the event of any such loss or damage happening from any of the risks defined in
20.4 and 20.5, the Contractor shall nevertheless rectify such loss or damage as aforesaid. Under such circumstances, the Engineer shall, when determining an addition to the Contract Price in accordance with Clause 52, take into account the proportionate responsibility of both the Contractor and the Employer and shall notify the Contractor accordingly with a copy to the Employer.
Insurance of Works and Contractor’s Equipment لواقلما تادعمو لامعلأا نşمأت
21.1 The Contractor shall, without limiting his or the Employer’s obligations and responsibilities under Clause 20, insure:
(a) the Works, together with materials and Plant for incorporation therein, to the full replacement cost (the term “cost” in this context shall include profit) and with deductible limits for the Employer’s risks not exceeding the sum stated in the Appendix to Tender,
(b) an additional sum of 15 percent of such replacement cost, or as may be specified in the Appendix to Tender to cover any additional costs of and incidental to the rectification of loss or damage including professional fees and the cost of demolishing and removing any part of the Works and of removing debris of whatsoever nature, and
(c) the Contractor’s Equipment and other things brought onto the Site by the Contractor, for a sum sufficient to provide for their
21.2 The Insurance required by Sub-Clause 21.1 shall be in the joint names of the Contractor and the Employer and shall cover both parties:
(i) against all loss or damage from whatsoever cause arising, other than as provided in Sub- Clause 21.4, from the commencement of work at the Site until the date of issue of the relevant Taking- Over Certificate in respect of the Works or any Section or part thereof as the case may be, and
(ii) during the Defects Liability Period for loss or damage arising from a cause occurring prior to the commencement of the Defects Liability Period, and for 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.
(a) war hostilities (whether war be declared or not), invasion, act of foreign enemies,
(b) rebellion, revolution, insurrection or military or usurped power, or civil war,
(c) ionising radiations, or contaminations 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,
(d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds, or
(e) riot, commotion or disorder, unless solely restricted to employees of the Contractor or of his Subcontractors and arising from the conduct and execution of the Works,
Furthermore but without limiting his obligations and responsibilities under Clause 20, the Contractor shall not be liable to insure:
(i) against the necessity for the repair or reconstruction of any work constructed with materials and workmanship not in accordance with the requirements of the Contract unless the Bill of Quantities shall
لامعأ يأ ءانب ةداعإ وأ حلاصإ ةرورض نع لا ةيعنصم ىوتسمب وأ داومب اهؤاشنإ متي نمضتي مل ام ،دقعلا تابلطتم عم قفاوتي اذه ىıع صني اصاخ ادنب تايمكلا لودج
provide a special item for this insurance in respect of specific elements, or
(ii) in respect of consequential loss including penalties for delay and non-completion, wear and tear, shortages and pilferages.
Damage to Persons and Property تاكلتملماو صاخشلأاب ررضلا قاحلإ
22.1 The Contractor shall, except if and so far as the Contract provides otherwise indemnify the Employer against all losses and claims (including legal costs and experts’ fees) in respect of:
(a) death of or injury to any person, or
(b) loss of or damage to any property (other than the Works),
which may arise out of or in consequence of the execution and completion of the Works and the remedying of any defects therein, and against all claims, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, subject to the exceptions defined in Sub-Clause 22.2.
The Contractor’s liability to indemnify the Employer shall be limited to the sum stated in the Appendix to Tender and (in accordance with the operation of Sub-Clause 22.3) shall
or the remedying of any defects therein, in accordance with the Contract, and
(d) death of or injury to persons or loss of or damage to property resulting from any act or neglect of the Engineer, the Employer, his agents, servants, or other contractors, not being employed by the Contractor, 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 Subcontractors, servants or agents, such part of the said injury or damage 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
indemnify the Contractor shall be reduced proportionately to the extent that the act or neglect of the Contractor or his Subcontractors, servants or agents may have contributed to the said injury or damage.
23.1 The Contractor shall, without limiting his or the Employer’s obligations and responsibilities under Clause 22, insure, in the joint names of the Contractor and the Employer, against liabilities for death of or injury to any person (other than as provided in Clause 24) or loss of or damage to any property (other than the Works) arising out of the performance of the Contract, other than the exceptions defined in paragraphs (a), (b) and (c) of Sub-Clause 22.2.
The Contractor’s third party insurance shall include indemnity in respect of any vehicles entering into the Site.
22.2(d) and without limiting his obligations under these Conditions, the Contractor shall indemnify and keep indemnified the Employer, his agents, servants, and employees against legal liability for any damage, loss or injury incurred by any damage, loss or injury incurred by any person who is a passenger in any vehicle owned, hired, or used by the Contractor or his Subcontractors irrespective of who is the driver of such vehicle or the purpose for which it may be used, and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect of or in relation thereto.
Subcontractor or any person whose services may for the time being be loaned or made available to the Contractor or any Subcontractor, other than death 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, other than those for which the Employer is liable as aforesaid, and against all claims, proceedings, damages, costs, charges, and expenses whatsoever in respect thereof or in relation thereto.
Insurance Against Accident to Workmen لامعلا ثداوح دض نşمأتلا
24.2 The Contractor shall insure against such liability and shall continue such insurance during the whole of the time that any persons are employed by him on the Works. Provided that, in respect of any persons employed by any Subcontractor, the Contractor’s obligations to insure as aforesaid under this Sub-Clause shall be satisfied if the Subcontractor shall have insured against the liability in respect of such persons in such manner that the Employer is indemnified under the policy, but the Contractor shall require such Subcontractor to produce to the Employer, when required, such policy of insurance and the receipt for the payment of the current premium.
been effected and shall, within 28 days of the Commencement Date, provide the copies of the insurance policies to the Employer and the Engineer. Such insurance policies shall be consistent with the general terms agreed prior to the issue of the Letter of Acceptance. The Contractor shall effect all insurances for which he is responsible with insurers and in terms approved by the Employer and all such insurances shall be endorsed by the insurers stating their compliance with the terms of the relevant Clauses of these Conditions.
accordance with the terms of the Contract and shall, when required, produce to the Employer the insurance policies in force and the receipts for payment of the current premiums. Notwithstanding the foregoing provisions, it
of the Contract, that the insurers will not exercise their right to avoid this insurance on the grounds of any non-disclosure, mis- description, mis¬representation in any information relevant to the risks insured under such policies, unless the insurer can establish that such non¬disclosure, mis- description or mis-representation was willingly committed by the insureds.
Employer may effect and keep in force any such insurances and pay any premium as may be necessary for that purpose and from time to time deduct the amount so paid from any monies due or to become due to the Contractor, or recover the same as a debt due from the Contractor.
Compliance with Policy Conditions نşمأتلا ةقيثو طورشل لاثتملاا
25.4 The Contractor and the Employer shall comply with the conditions imposed by the insurers as given in the policies for insurance mentioned in Clauses 21 and 23. In the event that the Contractor or the Employer fails to
Compliance with Statutes, Regulations حئاوللاو نşناوقلل لاثتملاا
26.1 The Contractor shall ascertain and, in all respects including the giving of all notices and the paying of all fees, conform with the provisions of:
(a) any national or state statute, ordinance, or other law, or any regulation, or bye-law of any local or other duly constituted authority in relation to the execution and completion of the Works and the remedying of any defects therein, and
(b) 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, and the Contractor shall keep the Employer indemnified against all penalties and liability of every kind for breach of any such provisions. Provided always that the Employer shall be responsible for obtaining any planning, zoning or other similar permission required for the Works to proceed and shall indemnify the Contractor in accordance with Sub-Clause 22.3.
27.1 All fossils, coins, articles of value or antiquity and structures and other on remains or things of geological or archaeological interest discovered the Site 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 before removal, acquaint the Engineer of such discovery and carry out the Engineer’s instructions for dealing with the same. If, by reason of such instructions, the Contractor suffers delay and/or incurs costs then the Engineer shall, after due consultation with the Employer and the Contractor, determine:
(a) any extension of time to which the Contractor is entitled under Clause 44, and
(b) the amount of such costs, which shall be added to the Contract Price, and shall notify the Contractor accordingly, with a copy to the Employer.
28.1 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 Contractor’s Equipment, ةزهجأ وأ داوم وأ تادعم يأب قلعتي اميف
materials or Plant used for or in connection قلعتي اميف وأ يe ةمدختسمُلواقلماب ةصاخ
with or for incorporation in the Works and from and against all damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto, except where such infringement results from compliance with the design or Specification provided by the Engineer.
28.2 Except where otherwise stated, 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
لواقلما مyuلي ،كلذ فلاخب صن دري مل ام نم اهﺮçغو ةينطلا موسرلا عيمج عفدب نم اهﺮçغو راجيلإا موسرو تاواتلإا
،تدجوُ نإ ،تاضيوعتلا وأ تاعوفدلما
materials required for the Works.
Interference with Traffic and Adjoining Properties
لمرلا وأ ةراجحلا ىıع لوصحلل ةقحتسلما
داولما نم اهﺮçغ وأ نçطلا وأ .mqحلا وأ
.لامعلأا ذيفنتل ةبولطلما
ةرواجلما تايكللماو رورلما قرط عم لخادتلا
29.1 All operations necessary for the execution and completion of the Works and the remedying of any defects therein shall, so far as compliance with the requirements of the Contract permits, be carried on so as not to interfere unnecessarily or improperly with:
(a) the convenience of the Public,
(b) 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, or
(c) access by other contractors to adjacent sites.
If any lands or other places outside the Site which are the property of or under the control of the Employer are made available to the Contractor, these shall be used strictly in accordance with the directions of the Engineer.
The Contractor shall observe all agreements entered into by the Employer and made known to the Contractor with any person or persons relating to occupation of land and properties by the Employer which are affected by the execution of the Works. Provided always that compliance with such agreements shall not relieve the Contractor of his obligations under this Clause. The Contractor shall be given on request copies of any such agreement, or part thereof, relating to such matters.
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 insofar as the Contractor is responsible therefor.
means to prevent any of the roads 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 Subcontractors 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 materials, Plant, Contractor’s Equipment or Temporary Works from and to the Site shall be limited, as far as reasonably possible, and so that no unnecessary damage or injury may be occasioned to such roads and bridges.
Transport of Contractor’s Equipment or Temporary Works
30.2 Save insofar as the Contract otherwise provides, the Contractor shall be responsible for and shall pay the cost of strengthening any bridges or altering, maintaining or improving any road communicating with or on the routes to the Site to facilitate the movement of Contractor’s Equipment or Temporary Works and the Contractor shall indemnify and keep indemnified the Employer against all claims for damage to any such road or bridge caused by such movement, including such claims as may be made directly against the Employer, and shall negotiate and pay all claims arising solely out of such damage.
Transport of Materials or Plant ةزهجلأا وأ داولما لقن
30.3 If, notwithstanding Sub-Clause 30.1, any
نع رظنلا ضغب ،رارضأ يأ تقحل اذإ
damage occurs to any bridge or road
قيرط وأ رسج يأب ،1-30
communicating with or on the routes to the Site arising from the transport of materials or Plant, the Contractor shall notify the Engineer with a copy to the Employer, as soon as he becomes aware of such damage or as soon as he receives any claim from the authority entitled to make such claim. Where under any law or regulation the haulier of such materials or Plant is required to indemnify the relevant authority against such damage the Employer shall not be liable for any costs, charges or expenses in respect thereof or in relation thereto. In other cases 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 that if and so far as any such claim or part thereof is, in the opinion of the Engineer, due to any failure on the part of the Contractor to observe and perform his obligations under Sub-Clause 30.1, then the amount, determined by the Engineer, after due consultation with the Employer and the Contractor, to be due to such failure shall be recoverable from the
Contractor by the Employer and may be يأ نم لمعلا بحاص ةطساوب همصخ
deducted by the Employer from any monies لواقملل ةقحتسمُ حبصت وأ ةقحتسمُ لاومأ
due or to become due to the Contractor and the Engineer shall notify the Contractor accordingly, with a copy to the Employer. Provided also that the Employer shall notify the Contractor whenever a settlement is to be negotiated and, where any amount may be due from the Contractor, the Employer shall consult with the Contractor before such settlement is agreed.
30.4 Where the nature of the Works is such as to require the use by the Contractor of waterborne transport the foregoing provisions of this Clause shall be construed as though “road” included a lock, dock, sea wall or other structure related to a waterway and “vehicle” included craft, and shall have effect accordingly.
authority 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 ancillary to the Works, for carrying out their work and shall co-ordinate his activities with them.
The Contract Price shall be deemed to be inclusive of all costs associated with such co- ordination for such periods of time, and save insofar as provided in Sub-Clause 31.2 no additional payment shall become due from the Employer for the Contractor’s compliance with the provisions of this Sub-Clause.
Contractor to Keep Site Clear عقولما ةفاظن ىSع ظافحلاب لواقلما ماzsلا
32.1 During the execution of the Works and notwithstanding or limiting his obligation under Sub-Clause 20.1 the Contractor shall on a regular basis keep the Site reasonably free from all unnecessary obstruction and visually unacceptable material and shall store or dispose of, subject to the provisions of Clause 54, any Contractor’s Equipment and surplus materials and clear away and remove from the Site any wreckage, rubbish or Temporary Works no longer required.
In case of default on the part of the Contractor to comply with the provisions of this Sub- Clause within a reasonable time of receipt of a
default, the Employer shall be entitled to employ and pay other persons to carry out the same, and all costs consequent thereon or incidental thereto shall after due consultation with the Contractor and the Employer, be determined by the Engineer and shall be recoverable from the Contractor by the Employer, and may be deducted by the Employer from any monies due or to become due to the Contractor and the Engineer shall
notify the Contractor accordingly with a copy to the Employer.
Clearance of Site on Completion لامعلأا زاجنإ دعب عقولما ءلاخإ
33.1 Upon the issue of any Taking-Over Certificate the Contractor shall, subject to the provisions of Clause 54, clear away and remove from that part of the Site to which such Taking- Over Certificate relates all Contractor’s
Temporary Works of every kind, and leave such part of the Site and Works clean and in a workmanlike condition to the satisfaction of the Engineer. Provided that the Contractor shall be entitled to retain on Site, until the end of the Defects Liability Period, such materials, Contractor’s Equipment and Temporary Works as are required by him for the purpose of fulfilling his obligations during the Defects Liability Period.
Engagement of Staff and Labour لامعلاو نşفظولما كارشإ
34.1 The Contractor shall, unless otherwise provided in the Contract, make his own arrangement for the engagement of all staff and labour, local or other, and for their payment, housing, feeding and transport.
34.3 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 Subcontractors, agents, staff or labour.
34.7 The Contractor shall at all times take all reasonable precautions to prevent any unlawful, riotous or disorderly conduct by or amongst his staff and labour and for the preservation of peace and protection of persons and property in the neighbourhood of the Works against the same.
Returns of Labour and Contractor’s Equipment لواقلما تادعمو ةلامعلا ةداعإ تانايب
35.1 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of the several classes of
Contractor shall also report any such accident to the appropriate authority whenever such report is required by law. In the case of any fatality or serious accident, the Contractor shall, in addition, notify the Engineer immediately by the quickest available means.
(b) subjected from time to time to such tests as the Engineer may require at the place of manufacture, fabrication or preparation, 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, labour, electricity, fuels, stores, apparatus and instruments as are normally required for examining, measuring and testing any materials or Plant and shall supply samples of materials, before incorporation in the Works, for testing as may be selected and required by the Engineer.
Cost of Tests not Provided for دقعلا يá ا,;لع صوصنلما ﺮşغ تارابتخلاا ةفلكت
36.4 If any test is required by the Engineer which is:
(a) not so intended by or provided for,
(b) (in the cases above mentioned) not so particularised, or
(c) (though so intended or provided for) required by the Engineer to be carried out at any place other than the Site or at an approved place or the place of manufacture, fabrication or preparation of the materials or Plant tested, shows the materials, Plant or workmanship not to be in accordance with the provisions of the Contract to the satisfaction of the Engineer, then the cost of such test shall be borne by the Contractor but in any other case, Sub-Clause 36.5. shall apply.
Provided that as a result of the Contractor’s method of working not being in accordance with the Contract, the Engineer has reasonable grounds to suspect that any materials, Plant or workmanship used in any part or parts of the Works may not be in accordance with the provisions of the Contract, he may require the Contractor to
carry out any test, which in the opinion of the Engineer is necessary to verify the quality of such materials, Plant or workmanship in any such part or parts of the Works and the cost of any test so required shall be borne by the Contractor regardless of whether or not such test shows the materials, Plant or workmanship to be in accordance with the provisions of the Contract and to the satisfaction of the Engineer and the Contractor shall not be entitled to any extension of time and/or costs as a result of carrying out such tests.
Engineer’s Determination where Tests not Provided for
to the Site and to all workshops and places where materials or Plant are being manufactured, fabricated or prepared for the Works and the Contractor shall afford every facility for and every assistance in obtaining the right to such access.
37.2 The Engineer shall be entitled, during manufacture, fabrication or preparation to inspect and test the materials and Plant to be supplied under the Contract. If materials or Plant are being manufactured, fabricated or prepared in workshops or places other than those of the Contractor , the Contractor shall obtain permission for the Engineer to carry out such inspection and testing in those workshops or places. Such inspection or testing shall not release the Contractor from any obligation under the Contract.
The Contractor shall be required to provide the services of an approved independent testing laboratory for the purpose of carrying out all testing, as required by the Specification. All transportation of personnel and materials on Site or to the approved independent testing laboratory shall be borne by the Contractor. The testing of the Works by such approved independent testing laboratory shall not absolve the Contractor
from his responsibilities to carry out his own testing of the quality of workmanship, Plant and materials used.
Dates for Inspection and Testing رابتخلااو صحفلا خيراوت
37.3 The Contractor shall agree with the Engineer on the time and place for the inspection or testing of any materials or Plant as provided in the Contract. The Engineer shall give the Contractor not less than 24 hours notice of his intention to carry out the inspection or to attend the tests. If the Engineer, or his duly authorised representative, does not attend on the date agreed, the Contractor may, unless otherwise instructed by the Engineer, proceed with the tests, which shall be deemed to have been made in the presence of the Engineer. The Contractor shall forthwith forward to the Engineer duly certified copies of the test readings. If the Engineer has not attended the tests, he shall accept the said readings as accurate.
37.4 If, at the time and place agreed in accordance with Sub-Clause 37.3, the materials or Plant are not ready for inspection or testing or if, as a result of the inspection or testing referred to in this Clause, the Engineer determines that the materials or Plant are defective or otherwise not in accordance with the Contract, he may reject the materials or Plant
and shall notify the Contractor thereof immediately. The notice shall state the Engineer’s objections with reasons. The Contractor shall then promptly make good the defect or ensure that rejected materials or Plant comply with the Contract. If the Engineer so requests, the tests of rejected materials or Plant shall be made or repeated under the same terms and conditions. All costs incurred by the Employer by the repetition of the test shall , after due consultation with the Employer and the Contractor, be determined by the Engineer and shall be recoverable from the Contractor by the Employer and may be deducted from any monies due or to become due to the Contractor and the Engineer shall notify the Contractor accordingly, with a copy to the Employer.
of the Engineer. Notice of such appointment (not being less than 14 days) shall be given by the Engineer to the Contractor.
ىrإ (اموي 14
نع هتدم لقت لا) نçيعتلا
Examination of Work before Covering up ةيطغتلا لبق لامعلاا صحف
38.1 No part of the Works shall be covered up or put out of view without the approval of the Engineer and the Contractor shall afford full opportunity for the Engineer to examine and measure any such part of the Works which is about to be covered up or put out of view and to examine foundations before any part of the Works is placed thereon. The Contractor shall give notice to the Engineer whenever any such part of the Works or foundations is or are ready or about to be ready for
unreasonable delay, unless he considers it unnecessary and advises the Contractor accordingly, attend for the purpose of examining and measuring such part of the Works or of examining such foundations.
38.2 The Contractor shall uncover any part of the Works or make openings in or through the same as the Engineer may from time to time instruct and shall reinstate and make good such part subject to the following provisions:
(a) If any such part has been covered up or put out of view after compliance with the requirement of Sub-Clause 38.1 and is found to be executed in accordance with the Contract, the Engineer shall, after due consultation with the Employer and the Contractor, except as provided for in
paragraph (c) hereunder, determine the amount of the Contractor’s costs in respect of such of uncovering, making openings in or through, reinstating and making good the same, which shall be added to the Contract Price, and shall notify the Contractor accordingly, with a copy to the Employer
(b) In any other case other than as provided for in paragraph (a) all costs shall be borne by the Contractor.
(c) If following discovery of defective workmanship or materials in any part of the Works, the Engineer has reasonable grounds to suspect that further part or parts of the Works may be similarly defective, the Contractor shall uncover such further part or parts of the Works or make further openings, in or through the same, as the Engineer may reasonably instruct, and the Contractor shall reinstate and make good such part or parts. The costs of all such Works carried out by the Contractor under the provisions of this paragraph shall be borne by the Contractor and the Contractor shall not be entitled to any extension of time and/or costs as a result of carrying out such work.
Removal of Improper Work, Materials or Plant ةبسانلما ﺮşغ ةزهجلأا وأ داولما وأ لامعلأا ةلازإ
39.1 The Engineer shall have authority to issue instructions from time to time for:
نم تاميلعت رادصلإ ةطلسلا سدنهلما كلمي
:لجأ نم رخلآ تقو
(a) the removal from the Site, within such time or times as may be specified in the instruction, of any materials or Plant which, in the opinion of the Engineer, are not in accordance with the Contract,
(b) the substitution of proper and suitable materials or Plant, and
(c) the removal and proper re-execution, notwithstanding any previous test thereof or interim payment therefor, of any work which, in respect of:
(i) materials, Plant or workmanship, or
(ii) design by the Contractor or for which he is responsible, is not, in the opinion of the Engineer, in accordance with the Contract.
and shall be recoverable from the Contractor by the Employer, and may be deducted by the Employer from any monies due or to become due to the Contractor and the Engineer shall notify the Contractor accordingly, with a copy to the Employer.