Académique Documents
Professionnel Documents
Culture Documents
2016)
In the contract, the core clauses are the ECC core clauses and the clauses set out in the ECC as main Option clauses for the respective main Options.
NEC3 ECC
Clause No.
Action
Details
Rationale
11.2
Add
To enhance clarity by specifying that Equipment covers Constructional Plant as defined in GCC 1
GCC 1. GCCs definition of Constructional Plant is provided in the additional condition of
contract clause "Hired and Hire-Purchase Constructional Plant". The Project Offices should
update the clause no. in square bracket.
Options A, B, C and D
To simplify calculation of fee by combining the direct and subcontract fee percentages since
we are advised that contractors in UK appear to tender the same figure for both perecentages.
Normally, certain people's expenses may not be applied with the fee percentage in pilot
projects. The Project Offices should update the item no. of the Shorter Schedule of Cost
Components in square bracket to suit their projects.
N.A.
Options A and B
To simplify calculation of fee by combining the direct and subcontract fee percentages since
we are advised that contractors in UK appear to tender the same figure for both perecentages.
Normally, certain people's expenses may not be applied with the fee percentage in pilot
projects. The Project Offices should update the item no. of the Schedule of Cost Components
in square bracket to suit their projects.
N.A.
Options C and D
Equipment also includes Constructional Plant as defined in clause [D19] of the additional conditions of contract.
11.2
Replace
The Fee is the sum of the amounts calculated by applying the fee percentage to the Defined Cost except the part of the Defined Cost under
items [11 and 12] of the Shorter Schedule of Cost Components.
11.2
Replace
The Fee is the sum of the amounts calculated by applying the fee percentage to the Defined Cost except the part of the Defined Cost under
items [13 and 15] of the Schedule of Cost Components.
Related GCC/SCC/TC/Memo
11.2
Replace
due to Subcontractors for work which is subcontracted without taking account of amounts deducted for by due to Subcontractors being
accepted by the Project Manager for work which is subcontracted, excluding payment made in relation to contribution by the subcontractors
of all tiers to the employers mandatory provident fund for the Site Personnel under the Mandatory Provident Fund Schemes Ordinance (Cap.
485) as set out in item 15 of the Schedule of Cost Components and without taking account of amounts deducted for in the first main bullet
point in sub-clause (23).
To adopt an approach that only subcontracted work executed by the Subcontractors who are
N.A.
accepted by the Project Manager in compliance with this contract is included as a part of the
Defined Cost. Payments for the Contractors mandatory contribution under the Mandatory
Provident Fund Schemes Ordinance (Cap. 485), including contribution by his subcontractors of
all tiers to the employers mandatory provident fund for the Site Personnel under the contract,
should be made under item 15 of the Schedule of Cost Components.
Options C and D
11.2
Add
NEC Clause 26, the additional conditions of contract or before the Works Information in the first sub-bullet point of the third main bullet To modify the definition of Disallowed Cost to suit the acceptance or procurement procedures N.A.
point in sub-clause (25).
in NEC contracts in Hong Kong.
Options C and D
11.2
Add
, a mediation or arbitration after preparation for and conduct of an adjudication in the eighth main bullet point in sub-clause (25).
To modify the definition of Disallowed Cost to suit the use of mediation or arbitration as
options for settlement of disputes.
N.A.
Options C and D
11.2
Replace
forecasts will have been paid by the Contractor before the next assessment date by assesses the Contractor has paid before the
assessment date in sub-clause (29).
To modify the definition of Price for Work Done to Date by adopting cost reimbursement
approach.
N.A.
11.2
Replace
To modify the definition of Price for Work Done to Date by adopting an enhanced cost
reimbursement plus forecast approach.
N.A.
The Price for Work Done to Date is the total Defined Cost which the Project Manager
assesses as having been paid by the Contractor before the concerned assessment date and
forecasts will have been paid by the Contractor at or after the concerned assessment date but before the next assessment date, for the cost
components in the Schedule of Cost Components shown in the Contractor 's application for payment
in accordance with the first bullet point in clause 50.1 plus the Fee.
14.1
Add
, nor do the Project Manager 's or the Supervisor 's assessments, certificates or other acts or omissions at the end of the clause.
To widen the scope of activities of the Project Manager and the Supervisor that are expressed GCC 2(4), GCC 7(5), GCC 16(2),
not to change the Contractor s responsibility for the works in order to retain the Contractor s SCC73(2)
liability despite the administrators acts.
Options A, B, C and D
19.1
Replace
an event by an event arising from the Employer or Others in the first sentence.
Options A, B, C and D
P. 1 of 17
N.A.
Action
Details
Rationale
Related GCC/SCC/TC/Memo
Replace
the Project Manager gives an instruction to the Contractor stating that how he is to deal with the event at the end of clause 19.1 by the
Contractor and the Project Manager notify the other as soon as either becomes aware of such event. Either the Project Manager or the
Contractor may instruct the other to attend a risk reduction meeting normally arranged under NEC Clause 16.2. Each of them may instruct
other people to attend if the other agrees. At the meeting, those who attend co-operate in making and considering proposals for how the
effects of the event can be reduced, seeking solutions that bring advantage to all those who will be affected, and deciding on the proposed
actions which will be taken and who, in accordance with this contract, will take to deal with the event. The Project Manager provides the
decision to the Contractor within six weeks after the meeting, or a longer period to which the Contractor has agreed.
To encourage the Contractor to resolve the problems rather than automatically looking to the
Project Manager for an instruction.
N.A.
Options A, B, C and D
Replace
the words the Works Information by the Works Information and/or the additional conditions of contract in the clauses.
To align with DEVB TCW No. 3/2014 for the alternative designs and Cost Savings Designs.
N.A.
22.1
Replace
21, 21.1 to
21.3, 22 and
22.1
Delete
If the Contractor's design, alternative designs and Cost Savings Designs are not allowed.
N.A.
23.1
Replace
If the Contractor's design, alternative designs and Cost Savings Designs are not allowed.
N.A.
Delete
Add
The Project Offices should list out the key people in the Contract Data Part two for the
Contractor to input where appropriate. The Project Offices should update the time in square
bracket to suit their projects.
Options A, B, C and D
N.A.
Options C and D
19.1
24.3
If any key person is not identified in the Contract Data, the Contractor submits the name, relevant qualifications and experience of each key
person to the Project Manager for acceptance within [two weeks] of the Contract Date.
26.1
Add
The Contractor complies with the requirements on subcontracting as detailed in clause [C9] of the additional conditions of contract .
26.2
Replace
The Contractor submits the name of each proposed Subcontractor to the Project Manager for acceptance. A reason for not accepting the
Subcontractor is that his appointment will not allow the Contractor to Provide the Works. by The Contractor submits the name of each
proposed Subcontractor with the relevant tendering information to the Project Manager for acceptance. A reason for not accepting the
Subcontractor is that his appointment will not allow the Contractor to Provide the Works or the tender price and rates for the subcontract
submitted by the proposed Subcontractor are not competitively tendered or open market prices or rates, or his tender for the subcontract
contains activities or items which are substantially over or under-priced, or erratically priced. in the first two sentence of the clause.
To take into account ICAC's concern on the potential erratical pricing issue in subcontracts.
N.A.
Option C and D
26.3
Delete
To delete the standard exemption (i.e. an NEC contract is proposed) for obtaining the Project
Managers acceptance on the proposed conditions of subcontracts, which is to avoid the
inclusion of subcontract terms that may be contrary to the contract terms between the
Employer and the Contractor .
N.A.
Options A, B, C and D
Replace
N.A.
Options A, B, C and D
Replace
P. 2 of 17
26.3
Core Clauses (Updated as at 17.10.2016)
In the contract, the core clauses are the ECC core clauses and the clauses set out in the ECC as main Option clauses for the respective main Options.
NEC3 ECC
Clause No.
Action
Details
Add
Rationale
To supplement potential reasons of withholding an acceptance to the Contractor s proposed
conditions of subcontracts.
Related GCC/SCC/TC/Memo
N.A.
they do not require a Subcontractor to comply with the relevant subcontracting requirements set out in the additional conditions of
contract and/or in the Works Information or
they do not require a Subcontractor to be registered under the Subcontractor Registration Scheme.
26.4
Delete
To omit the Project Manager s obligation to accept the proposed contract data of each
subcontract.
N.A.
Options C and D
27.1
Replace
his design by his submission, proposal, design and work in the clause.
To specify that it is the Contractor s responsibility to obtain approval from Others whenever
necessary
N.A.
Options A, B, C and D
27.4
Add
and the additional conditions of contract to the end of the clause before the full-stop.
To suit the Government practice with certain health and safety requirements covered in the
additional conditions of contract .
N.A.
Options A, B, C and D
30.2
Replace
within one week of Completion by within [three weeks] of Completion in the clause.
Options A, B, C and D
31.2
Delete
To allow sufficient time to seek any further comments from the operation and maintenance
N.A.
parties before certifying Completion. The Project Offices should update the time in square
bracket to suit their projects.
To impose specific requirement of not allowing the Contractor having discretion on the time to N.A.
take over a part of the Site if later than its access date. Amendments to clauses 31.2, 33.1 and
60.1(2) are required if this amendment is adopted.
Replace
and at the end of the eighth main bullet point with a comma.
N.A.
Options A, B, C and D
Replace
the full stop at the end of the ninth main bullet point with a comma.
To impose specific programming requirements. The Project Offices may amend the list of
items after the ninth main bullet point to suit their projects. Also, they should modify the
interval in square bracket and include the relevant requirement in the Works Information if
appropriate.
N.A.
Options A, B, C and D
To impose specific requirement of not allowing the Contractor having discretion on the time to N.A.
take over a part of the Site if later than its access date. Amendments to clauses 31.2, 33.1 and
60.1(2) are required if this amendment is adopted.
Options A, B, C and D
To impose contract specific requirement on the time limit for the Employer to take over the
N.A.
completed works from the Contractor . The Project Offices should update the time in square
bracket to suit their projects.
To retain the Contractor s obligation to submit payment applications similar to GCC 78.
GCC 78
Since it may not be practicable for the Contractor to submit the payment applicable once
Completion is certified, the Completion of the whole of the works is not considered as an
assessment date. The Project Offices may consider to delete the requirement in square bracket
if appropriate.
Options A, B, C and D
Add
Options A, B, C and D
the following main bullet points after the ninth main bullet point:
comments and/or requirements provided by the Project Manager in the most recent programme and
[3-month] rolling sub-programme as specified in the Works Information.
32.2
Replace
Add
where there are outstanding work after Completion, at interval as decided by the Project Manager from Completion until completion of the
outstanding work or, as the case may be, when the Project Manager has decided that no further revision is required, whichever is earlier.
33.1
Replace
The Employer allows access to and use of each part of the Site to the Contractor which is necessary for the work included in this contract
on its access date .
35.1
Replace
50.1
Add
The Contractor submits to the Project Manager [by not later than 14 days before each assessment date a draft statement with supporting
documents showing his preliminary estimated amount due and] on or before each assessment date a statement with supporting documents
showing his estimated amount due.
P. 3 of 17
Options A, B, C and D
To
retain the Contractor s obligation to submit payment applications similar to GCC 78.
GCC
78 GCC/SCC/TC/Memo
Rationale
Related
Since it may not be practicable for the Contractor to submit the payment applicable once
Completion is certified, the Completion of the whole of the works is not considered as an
assessment date. The Project Offices may consider to delete the requirement in square bracket
if appropriate.
Options
A, B, Ctoand
To be applied
theDstated main
Option(s), unless otherwise specified
below or vetted by LAD(W) and
commented/endorsed by the Interdepartmental Working Group
and/or the Steering Committee
To cater for payment deduction, if any, before arriving at the amount due.
N.A.
Options A and B
Replace
the Contractor . by or deducted from the Contractor , in the third bullet point.
Options C and D
Add
To cater for payment deduction, if any, before arriving at the amount due, and avoid
N.A.
overpayment by specifying the Project Manager s right to deduct the Contractor s pain share
assessed during the contract period. This should be read in conjunction with clauses 53.1 to
53.4.
To impose the Project Manager 's obligation to consider the Contractor s payment application N.A.
before assessing the amount due.
Options A, B, C and D
Action
Details
Replace
Delete
50.2
Add
50.2
less the Project Manager 's interim assessment of the Contractor 's share, if the Project Manager s forecast of the final Price for the Work
Done to Date exceeds his forecast of the final total of the Prices.
50.4
Replace
In assessing the amount due, the Project Manager considers the application for payment the Contractor has submitted in accordance with
clause 50.1.
51.1
Replace
N.A.
Options A, B, C and D
51.2
Replace
the first word Each by Subject to the Employer 's rights of set-off in law or equity, each in the clause.
To reserve the Employer s rights of set-off in law or equity when certifying payments
N.A.
Options A, B, C and D
51.3
Delete
To omit the Employer s liability to pay interest if the Project Manager corrects in a later
certificate due to compensation events or other reasons.
GCC 79(4)
Options A, B, C and D
Delete
Replace
To follow GCC 79 that the interest to be paid by the Employer on any late payment should be
on simple interest basis. Also, the High Court Ordinance (Cap. 4) Section 49 stipulates that
judgment debts shall carry simple interest.
GCC 79
Options A, B, C and D
51.4
53.2A
60.1
Add
Replace
The Project Manager makes interim assessments of the Contractor 's share on each assessment date using his forecast of the final Price for
Work Done to Date and his forecast of the final total of the Prices. The Project Manager informs the Contractor of his interim assessment
of the Contractor 's share.
sub-clause (2) by the following new sub-clause (2):
To specify the Project Manager 's right to make interim assessment of the Contractor s share N.A.
and the Project Manager s obligation to inform the Contractor of his assessment. This clause
should be read in conjection with clause 50.2. The Project Offices should update the clause no.
in square bracket.
Options C and D
To impose contract specific requirement of not allowing the Contractor having discretion on
the time to take over a part of the Site if later than its access date. Amendments to clauses
31.2, 33.1 and 60.1(2) are required if this amendment is adopted.
N.A.
Options A, B, C and D
To modify weather-related compensation events similar to those being adopted under GCC.
The Employer does not allow access to and use of a part of the Site on its access date .
60.1
Replace
P. 4 of 17
Replace
Action
Details
To modify weather-related compensation events similar to those being adopted under GCC.
Rationale
N.A.
60.1
Replace
an event by an event arising from the Employer or Others in the first sentence of sub-clause (19).
60.1
Add
To adopt an approach of introducing Change in Law as a compensation event under Clause 60 ETWBTCW No. 23/2004
rather than adopting Option X2.
SCC 60(5)
Options A, B, C and D
To address the mandatory policy of entitling the Contractor to claim extension of time due to
shortage of labour.
Options A, B, C and D
Options A, B, C and D
60.1
Add
A shortage of labour which would have been unreasonable for an experienced contractor to have allowed for at the tender closing date.
60.4
Add
or [$300,000], whichever is the largest at the end of the third bullet point.
To impose contract specific requirement in relation to substantial change in the quantity of the N.A.
work. The Project Offices should update the figure in square bracket to suit their projects.
60.8
Add
To add new compensation event for the contract requiring re-measurement of provisional
quantities. This amendment should then be made in conjunction with clause 60.8, 60.9, 63.1
and 63.14.
N.A.
To add new compensation event for the contract requiring re-measurement of provisional
quantities. This amendment should then be made in conjunction with clause 60.8, 60.9, 63.1
and 63.14.
N.A.
A difference between the final total quantity of work done and the provisional quantity for an item stated in the Activity Schedule which
delays Completion or the meeting of the Condition stated for a Key Date is a compensation event.
60.9
Add
The Project Manager corrects mistakes for items with provisional quantities in the Activity Schedule which are departures from the rules for
item descriptions and for division of the work into items in the preambles and method of measurement or are due to ambiguities or
inconsistencies. Each such correction is a compensation event which may lead to reduced Prices.
61.4
Replace
one week with [six weeks for events requiring to obtain confirmation of no objection from the Employer in accordance with clause [B1] of To impose specific time limit for the Project Manager to notify his decision on compensation N.A.
the additional conditions of contract , or three weeks for other events] at the first bullet point of the third paragraph in the clause.
events to the Contractor . Approval should be sought from the relevant authorities in
accordance with the Stores and Procurement Regulations (SPR) 520 and Appendix V(B) and
the consultancy agreement terms where appropriate. The Project Offices should update the
time in square bracket to suit their projects and clause no. of the additional conditions of
contracts on the Project Manager 's powers.
Options A, B, C and D
62.2
Replace
To impose specific conditions where the Contractor is only entitled for extension of time due to N.A.
certain compensation events. This amendment should be made in conjunction with clause 62.2
and 63.4.
To impose specific conditions where the Contractor is only entitled for extension of time due N.A.
to certain compensation events. This amendment should be made in conjunction with clause
62.2 and 63.4. The Project Offices may add any of clauses 60.1(13)(iii) after reviewing their
project specific situations and such proposal or other amendments shall be approved by DEVB.
Quotations for compensation events comprise, where applicable, proposed changes to the Prices, and/or any delay to the Completion Date
and/or Key Dates assessed by the Contractor. For the avoidance of doubt, quotations for compensation events under clauses 60.1(5),
60.1(13), 60.1(19) and 60.1(21) only comprise proposed changes to the Completion Date and/or Key Dates assessed by the Contractor , but
not changes to the Prices.
62.2
Replace
Quotations for compensation events comprise, where applicable, proposed changes to the Prices, and/or any delay to the Completion Date
and/or Key Dates assessed by the Contractor. For the avoidance of doubt, quotations for compensation events under clauses 60.1(5),
60.1(13)(iv)&(v), 60.1(19) and 60.1(21) only comprise proposed changes to the Completion Date and/or Key Dates assessed by the
Contractor , but not changes to the Prices.
P. 5 of 17
Action
Details
Rationale
Related GCC/SCC/TC/Memo
62.3
Replace
The Project Manager replies within two weeks of the submission. by The Project Manager replies within six weeks for events requiring
to obtain confirmation of no objection from the Employer in accordance with clause [B1] of the additional conditions of contract , or three
weeks for other events after receiving the submission, or a longer period to which the Contractor has agreed. in the second sentence of the
clause.
To impose specific time limit for the Project Manager to reply to the Contractor for his
N.A.
quotation for compensation events. Approval should be sought from the relevant authorities in
accordance with the Stores and Procurement Regulations (SPR) 520 and Appendix V(B) and
the consultancy agreement terms where appropriate. The Project Offices should update the
time in square bracket to suit their projects and clause no. of the additional conditions of
contracts on the Project Manager's powers.
Options A, B, C and D
62.6
Replace
within two weeks by within two weeks or a longer period to which the Contractor has agreed in the last sentence of the clause.
To impose specific time limit for the Project Manager to reply to the Contractor for his
quotation for compensation events.
Options A, B, C and D
63.1
Replace
the first word The by Subject to the provisions of clause 63.14, the.
To impose specific conditions that compensation events are primarily based on rates and lump N.A.
sums in the Activity Schedule. This amendment is made in conjunction with clause 63.1 and
63.14.
63.1
Replace
the first word The by Subject to the provisions of clause 63.13A, the.
To impose specific conditions that compensation events are primarily based on rates and lump N.A.
sums in the Bill of Quantities. This amendment is made in conjunction with clause 63.1, 63.13
and 63.13A.
63.4
Replace
To impose specific conditions where the Contractor is only entitled for extension of time due to N.A.
certain compensation events. This amendment should be made in conjunction with clause 62.2
and 63.4.
N.A.
The rights of the Employer and the Contractor to changes to, where applicable, the Prices and/or the Completion Date and/or the Key Dates
are their only rights in respect of a compensation event. For compensation events under clauses 60.1(5), 60.1(13), 60.1(19) or 60.1(21), the
Contractor is only entitled to changes to the Completion Date and/or the Key Dates but not changes to the Prices. For other compensation
events, the assessment of changes to the Prices, if any, is not affected by any concurrent compensation event under clauses 60.1(5), 60.1(13),
60.1(19) or 60.1(21).
the whole clause 63.4 by the following new clause 63.4:
To impose specific conditions where the Contractor is only entitled for extension of time due to N.A.
certain compensation events. This amendment should be made in conjunction with clause 62.2
and 63.4.
The rights of the Employer and the Contractor to changes to, where applicable, the Prices and/or the Completion Date and/or the Key Dates
are their only rights in respect of a compensation event. For compensation events under clauses 60.1(5), 60.1(13)(iv)&(v), 60.1(19) or
60.1(21), the Contractor is only entitled to changes to the Completion Date and/or the Key Dates but not changes to the Prices. For other
compensation events, the assessment of changes to the Prices, if any, is not affected by any concurrent compensation event under clause
60.1(5), 60.1(13)(iv)&(v), 60.1(19) or 60.1(21).
63.4
Replace
63.11
Replace
the Contractor proposed and the Project Manager has accepted by the Contractor proposed and the Project Manager has accepted
under clause [F4] of the additional conditions of contract in the first bullet point.
To align with DEVB TCW No. 3/2014 for the Cost Savings Designs. The Project Offices
should update the clause no. in square bracket.
63.11
Delete
other than a change to the Works Information provided by the Employer which the Contractor proposed and the Project Manager has
accepted in the first bullet point.
N.A.
63.13
Delete
63.13A
Add
If the Project Manager and the Contractor agree, rates and lump sums may be used to assess a compensation event. from the last sentence To impose specific conditions that compensation events are primarily based on rates and lump N.A.
of the clause.
sums in the Bill of Quantities. This amendment is made in conjunction with clause 63.1, 63.13
and 63.13A.
a new clause 63.13A with the following:
Where the effect of a compensation event is changes to the Prices, the assessment of the compensation event will be based on the rates and
lump sums in the Bill of Quantities, instead of the Defined Cost and the resulting Fee, under the scenarios specified in sub-clauses (i) to (iii)
below:
(i) Any item of work omitted is assessed at the rate or lump sum set out in the Bill of Quantities except that in the absence of such a rate or
lump sum in the Bill of Quantities, the assessment of the item of work omitted is at a rate or price based on Defined Cost and the resulting Fee.
P. 6 of 17
To impose specific conditions that compensation events are primarily based on rates and lump N.A.
sums in the Bill of Quantities. This amendment is made in conjunction with clause 63.1, 63.13
and 63.13A.
Rationale
63.13A
Add
Core Clauses (Updated
as at 17.10.2016)
In the contract, the core clauses are the ECC core clauses and the clauses set out in the ECC as main Option clauses for the respective main Options.
NEC3 ECC
Clause No.
Action
Details
Related GCC/SCC/TC/Memo
(ii) Any work carried out which is the same as or similar in character to and executed under the same or similar conditions and circumstances
to any item of work priced in the Bill of Quantities is assessed at the rate or lump sum set out in the Bill of Quantities for such item of work.
(iii) Any work carried out which is not the same as or similar in character to or is not executed under the same or similar conditions or
circumstances to any item of work priced in the Bill of Quantities is assessed at a rate or lump sum based on the rates or lump sums in the Bill
of Quantities so far as may be reasonable, failing which, at a rate or lump sum based on Defined Cost and the resulting Fee.
For the avoidance of doubt, any assessment based on rates or lump sums in the Bill of Quantities is not subject to adjustment of the fee
percentage .
63.14
Replace
To impose specific conditions that compensation events are primarily based on rates and lump N.A.
sums in the Activity Schedule. This amendment is made in conjunction with clause 63.1 and
63.14.
(i) Any item of work omitted is assessed at the rate or lump sum set out in the Activity Schedule except that in the absence of such a rate or
lump sum in the Activity Schedule, the assessment of the item of work omitted is at a rate or price based on Defined Cost and the resulting
Fee.
(ii) Any work carried out which is the same as or similar in character to and executed under the same or similar conditions and circumstances
to any item of work priced in the Activity Schedule is assessed at the rate or lump sum set out in the Activity Schedule for such item of work.
(iii) Any work carried out which is not the same as or similar in character to or is not executed under the same or similar conditions or
circumstances to any item of work priced in the Activity Schedule is assessed at a rate or lump sum based on the rates or lump sums in the
Activity Schedule so far as may be reasonable, failing which, at a rate or lump sum based on Defined Cost and the resulting Fee.
For the avoidance of doubt, any assessment based on rates or lump sums in the Activity Schedule is not subject to adjustment of the fee
percentage .
63.15
Delete
To impose specific condition that the Shorter Schedule of Cost Components is not used in
assessing compensation events. The Project Offices should evaluate whether to delete this
clause or not to suit their projects.
N.A.
70
Add
To promote clarity in respect of the Employer s title to Plant and Materials being full
unencumbered
N.A.
Options A, B, C and D
GCC 21(4)
Options A, B, C and D
The Contractor procures that the title passed to the Employer pursuant to this clause 70 is full unencumbered title.
80.1
81.1
Delete
strikes, in the second sub-bullet point of the third main bullet point.
To omit strikes from the Employer s risks so as to follow the scope of excepted risks under
GCC 21(4)
Replace
before the issue of the Defects Certificate ... on the Site after take over by which is due to breach of this contract or other default of the
Contractor in the fourth main bullet point.
To ensure that the Employer s risks do not cover loss, wear or damage to the works occurring N.A.
which is due to breach of this contract or other default of the Contractor
Replace
activities of the Contractor on the Site after termination by breach of this contract or other default of the Contractor in the fifth bullet
point.
Add
To hold the Contractor liable, after the issuance of the Defect Certificate, for the risks
resulting from his breach of this contract or other default
N.A.
Options A, B, C and D
To promote clarity in indemnity from the Contractor to the Employer under this clause.
Under Clause 60.1(14), the Contractor already has the right to claim compensation due to
events which are at the Employer s risks
N.A.
Options A, B, C and D
Thereafter the risks carried by the Contractor are those resulting from his breach of this contract or other default.
83.1
Replace
The Contractor indemnifies the Employer against claims, proceedings, compensation and costs due to an event which is at the Contractor s
risk.
P. 7 of 17
Action
Details
Rationale
Related GCC/SCC/TC/Memo
83.2
Replace
N.A.
Options A, B, C and D
Options A, B, C and D
Options A, B, C and D
Options A, B, C and D
Options A, B, C and D
The liability of the Contractor to indemnify the Employer is reduced if events at the Employer s risk contributed to the claims, proceedings,
compensation and costs. The reduction is in proportion to the extent that events which were at the Employer s risk contributed, taking into
account the Contractor s responsibilities under this contract.
a new sentence after the first sentence as follows:
To impose specific requirements for procurement of construction related insurance according
to ETWB TCW No. 7/2005. The Project Offices should include the relevant form in the
Works Information.
The Contractor provides such insurance(s) for at least the amount(s), with deductibles (if any) specified in the Contract Data, and in the
form(s) (if applicable) specified in the Works Information.
84.1
Add
84.2
Replace
the Parties by the Employer , the Contractor together with his subcontractors of all tiers in the first line of the clause.
Delete
the [first, second and fourth] row (or insurance) in the Insurance Table.
Add
86.2
If through no fault of the Contractor or for reasons not attributable to the Contractor or his past records it becomes impracticable for the
Contractor to provide the insurance(s) in form(s) specified in the Works Information, the Contractor proposes to the Project Manager for
acceptance any necessary change to the Works Information for providing insurance(s) as close as practically possible to the form(s) specified.
The Contractor submits with the proposed change a quotation for a reduction to the Prices as a result of the proposed change. If the Project
Manager accepts the proposed change, he gives an instruction to change the Works Information accordingly and the Prices are reduced as
quoted.
A1, A2 and A4 by A1 and A2 in the first line of the table.
To effect the right of the Government to terminate for convenience under ETWB TC(W) No.
23/2004.
Options A, B, C and D
90.2
Replace
90.4
Add
or such longer period as may reasonably be necessary after thirteen weeks in the first sentence of the clause.
To effect the right of the Government to terminate for convenience under ETWB TC(W) No.
23/2004.
Options A, B, C and D
90.5
Replace
To effect the right of the Government to terminate for convenience under ETWB TC(W) No.
23/2004.
Options A, B, C and D
Termination is without prejudice to any other rights and remedies of the Parties.
91.7
Replace
an event by an event arising from the Employer or Others in the first sentence.
N.A.
Options A, B, C and D
93.2
Replace
To align with the use of fee percentage to replace direct fee percentage and
subcontracted fee percentage .
N.A.
Options A, B, C and D
93.4
Delete
Delete
Add
P. 8 of 17
Action
Details
Rationale
Related GCC/SCC/TC/Memo
for the avoidance of doubt, if any agreed construction cost savings under clause [F4] of the additional conditions of contract is applicable
to an activity referred to in the two bullet points above, the lump sum price for such activity should be reduced by the amounts of the
applicable agreed construction cost savings when assessing the total of the Prices.
P. 9 of 17
Action
Details
Rationale
Related GCC/SCC/TC/Memo
X1
Replace
the word index by index figure wherever it appears in all sub-clauses of this Option.
X1.1
Replace
X1.1
Replace
X1.1
Replace
X1.1
Replace
X1.4
Add
X1.4
Add
X1.5
Add
X1.5
Add
P. 10 of 17
Action
Details
Rationale
Related GCC/SCC/TC/Memo
X7
Add
Options A, B, C and D
X15.1
Replace
N.A.
X16.1
Add
but in any case not exceeding the limit of amount retained set out in the Contract Data before the full-stop in the
last sentence of the clause.
GCC 79
X16.2
Replace
GCC 79
Options A, B, C and D
(iii) The remaining amount retained following reduction in accordance with sub-clause (ii) remains unaltered until the
Defects Certificate is issued. No amount is retained in the assessments made after the Defects Certificate has been
issued.
P. 11 of 17
Action
Details
Rationale
Replace
Replace
Add
Related GCC/SCC/TC/Memo
N.A.
Construction Manager,
Site Agent,
Site Engineer,
Site Superintendent,
Site Supervisor,
Surveyor,
Quantity Surveyor,
Foreman,
Technical Manager,
Coordinator for dealing with Excavation Permit Management System and application for Excavation Permit,
Liaison Officer,
Any other staff responsible for management, administration, planning, coordination or supervision of the Site,
the works and this contract, preparation of technical, financial and contractual submissions and operation of the
Contractor s site accommodation
For clarity, the cost of the Contractor 's management and supervisory staff are treated as included in the Fee in
accordance with the core clause 52.1.
13
Delete
item 13(f).
13
Replace
pensions in item 13(j) by the Contractor s mandatory contribution under the Mandatory Provident Fund Schemes To match with the approach to pay the Contractor s
Ordinance (Cap. 485) as set out in item 15 below".
mandatory contribution under the Mandatory Provident
Fund Schemes Ordinance (Cap. 485).
13
Add
N.A.
To match with the approach to reimburse the Contractor DEVD memo ref. in DEVB(Trg)
for the payment for site uniforms.
133/3(7) dated 11 May 2011
The Project Offices should update the clause no. in square
bracket.
P. 12 of 17
Options C and D
Options C and D
Options C and D
Action
Details
Rationale
15
Add
Payment made for the Contractor s mandatory contribution under the Mandatory Provident Fund Schemes
Ordinance (Cap. 485), including contribution by his subcontractors of all tiers to the employers mandatory provident
fund for the Site Personnel under the contract, based on the designated banks transaction records as specified in
Section [XX] of the Particular Specification identified in the Works Information. For the purposes of this item, bank
shall be an authorized institution within the meaning of Section 2 of the Banking Ordinance (Cap. 155). The actual
amount of the payment made by the Contractor , which is not subject to price adjustment for inflation, is added to the
total of the Prices.
a new item 16 after item 15 as follows:
To match with the approach to reimburse the Contractor
for the payment for LRO.
Payment made for the provision of Labour Relations Officer (LRO) including salary, overtime allowance, end-ofcontract gratuity, medical and dental care expenses for LRO and the advertisement costs incurred in the recruitment of
LRO. For the avoidance of doubt, any reimbursement of the Contractor s contributions to the mandatory provident
fund for LRO shall be made in accordance with item 15 above.
16
Add
Replace
(incuding the cost of accommodation but excluding Equipment cost covered by the percentage for Working Areas
overheads) by (incuding the cost of the Contractor 's accommodation)
Related GCC/SCC/TC/Memo
N.A.
N.A.
Replace
(incuding the cost of accommodation but excluding Equipment cost covered by the percentage for Working Areas
To update this cost component if the percentage for
overheads) by (incuding the cost of the Contractor 's accommodation but excluding Equipment cost covered by the Working Areas overheads is adopted.
percentage for Working Areas overheads)
N.A.
23
Delete
24
Delete
43
Delete
43
Add
(j) Accommodation for the Project Manager 's and Supervisor 's offices
(k) Contract transport for the Project Manager and the Supervisor .
44
Replace
the first paragraph by Overhead costs incurred within the Working Areas, which include provision and use of
equipment, supplies and services, but exclude accommodation, for.
P. 13 of 17
N.A.
Action
Details
Rationale
5, 51 and 52
Delete
6, 61, 62 and 63
Delete
Replace
Options C and D
Replace
Add
Options C and D
premiums for insurances taken out by the Contractor except for the premiums for insurances as stated in item 7A
below.
7A
Add
Related GCC/SCC/TC/Memo
Add
Cost of work in connection with meeting all contractual obligations regarding the Subcontractor Management Plan.
P. 14 of 17
Action
Details
Rationale
Related GCC/SCC/TC/Memo
Replace
N.A.
Replace
Replace
Add
Construction Manager,
Site Agent,
Site Engineer,
Site Superintendent,
Site Supervisor,
Surveyor,
Quantity Surveyor,
Foreman,
Technical Manager,
Coordinator for dealing with Excavation Permit Management System and application for Excavation Permit,
Liaison Officer,
Any other staff responsible for management, administration, planning, coordination or supervision of the Site,
the works and this contract, preparation of technical, financial and contractual submissions and operation of the
Contractor s site accommodation
For clarity, the cost of the Contractor 's management and supervisory staff are treated as included in the Fee in
accordance with the core clause 52.1.
11
Replace
pension provision by the Contractor s mandatory contribution under the Mandatory Provident Fund Schemes
Ordinance (Cap. 485) as set out in item 12 below in item 11.
N.A.
Options A and B
12
Add
N.A.
Options A and B
P. 15 of 17
Action
12
Add
Details
Rationale
Related GCC/SCC/TC/Memo
Payment made for the Contractor s mandatory contribution under the Mandatory Provident Fund Schemes
The Project Offices should update the clause no. in square
Ordinance (Cap. 485), including contribution by his subcontractors of all tiers to the employers mandatory provident bracket.
fund for the Site Personnel under the contract, based on the designated banks transaction records as specified in
Section [XX] of the Particular Specification identified in the Works Information. For the purposes of this item, bank
shall be an authorized institution within the meaning of Section 2 of the Banking Ordinance (Cap. 155).
2
Replace
(incuding the cost of accommodation but excluding Equipment cost covered by the percentage for people overheads) To update this cost component if the percentage for people N.A.
by (incuding the cost of accommodation)
overheads is not adopted.
21
Delete
22
Delete
23
Delete
N.A.
24 and 25
Replace
Unless the item is in the published list and the rate includes the cost component by Unless included in the
competitively tendered or open market rates under item 27
N.A.
Options A and B
26
Replace
Unless included in the rate in the published list by Unless included in the competitively tendered or open market
rates under item 27
N.A.
Options A and B
41
Delete
N.A.
5 and 51
Delete
6, 61, 62 and 63
Delete
P. 16 of 17
N.A.
Action
Details
Rationale
Replace
Options A and B
Replace
Add
Options A and B
premiums for insurances taken out by the Contractor except for the premiums for insurances as stated in item 7A
below.
7A
Add
Related GCC/SCC/TC/Memo
Add
Cost of work in connection with meeting all contractual obligations regarding the Subcontractor Management Plan.
P. 17 of 17