WEC ENGINEERS & CONSTRUCTORS PTE LTD
P4508 : Rectification Works to Introduce a New Low Point on Bay 513
Subject : WEC's Comments on Contract Documents
Date : October 02, 2017
Item Item
Article 4.4 - No Waiver
(a) The Contractor acknowledges that the execution of this Contract and any
payment under this Contract is purely for the purposes of enabling the
continuation of the rectification works in respect of the defect in Contract Ref.
2014-010 (which was notified to the Contractor in, among others, CAFHIs letters
dated 1 November 2016,
1 24 November 2016, 6 January 2017 and 13 January 2017), and which is of utmost
priority to CAFHI at this juncture.
(b) For the avoidance of doubt, the execution of this Contract and any payment
by CAFHI under this Contract is strictly without prejudice to and/or shall not
operate or otherwise be construed as a waiver of CAFHIs position and/or rights
and remedies, whether under the Contract or at law, as stated in CAFHIs letters
dated 1 November 2016 24 November 2016 6 January 2017 and 13 January
2 Article 6.7 - Retention (5%)
released uponexpiryof
Article 29.10 - Inspection and Rejection
[During such inspection, the Client may require the Contractor to uncover any
part or parts of the Works or to do all such things as are necessary for the Client
to inspect the Works as constructed and the cost of such requirements as
directed by the Client shall be borne by the Contractor whether or not such part
or parts uncovered are found to be executed in accordance with the Contract
3 -
and the Contractor shall not be entitled to any extension of time for delay
thereby caused]
Article 29.17 - Final Acceptance
(i) legally effective releases executed by Contractor its Subcontractors and any
persons claiming by, through or under or against Contractor who might have an
interest in the Works to Client of all claims and liens against Client arising under
or
by virtue of the Contract except such claims and liens if any in such stated
amounts which Contractor with the written consent of Client may exclude from
the operation of such releases; and
4 (ii) Contractors written declaration together with such supporting documents as
Client may reasonably require that all claims and demands against and debts
incurred by Contractor in respect of the Contract have been settled except
claims excluded with the consent of Client from the releases referred to in the
foregoing clause (i) and all taxes due and payable by Contractor pursuant to
Article 29.17 - Final Acceptance
(n) Receipt by Client of all accounting records and files required to be
maintained by Contractor if applicable
Tender Contract Page in Contract Remarks CAFHI's Reply
Proposed to include CAFHI has no objections to the proposed inclusionfrom WEC, provided the suggested
c) CAFHI acknowledges that the Contractor has (marked up) deletions are included.
expressed its observations and technical opinions on
the supposedly defect based on information provided
by CAFHI especially in WECs letters P4238-CAFHI-
L034 dated 11 November 2016, P4238- CAFHI-L035
- Added Vol. II of III / pg.26 dated 05 December 2016, P4238-CAFHI-L039 dated
10 January 2017 and P4238-CAFHI-L040 dated 13
January 2017.
Retention money to be Retention money to be released Vol. II of III / pg.33 To be accept if the added clauses at Article 29.17 will For good order, CAFHI suggests amending Article 6.7(2) to state "The retention money
aftertheNoticeofFinal Acceptanceis be removed. shall be released to the Contractor after the Warranty Certificate is issued ."
theWarrantyPeriod. issued.
Request to remove or propose as per below; CAFHI counter-proposes the following amendment to Article 29.10:
During inspection, the Client may require the
Contractor to uncover any part of the Works or to do "Client shall at all times have the right to inspect the Works, Equipment and/or Materials ,
all such things as are necessary for the Client to or request that the Contractor arrange or execute such inspection , and Contractor shall
inspect the Works as constructed. The cost of such accordingly execute or make such arrange ment for inspection in a manner as directed by
requirements shall be borne by the Client if such part the Client. In the event the Client reasonably suspects that the Contractor's Works,
Added Vol. II of III / pg.65
or parts uncovered are found to be executed in Equipment and/or Materials are not compliant with the Contract, the Contractor shall bear
accordance with the Contract and shall be entitled to all costs of the inspection. Client shall have the right to reject at any time any portion of
extension of time with cost. the Works including, but not limited to, engineering, Materials, Equipment, installation,
tools or supplies which do not comply with Contractors obligations under this Contract.
Any rejection by Client shall be in writing and include details of the relevant non-
compliance. Any rejection by Client shall be at the expense of Contractor ."
We do not agree to removal of these clauses. WEC seems to be mistaken that these
clauses are not found in the Tender. These clauses are found in the Tender under Article
7.3(2)(e) and (j). We had merged Articles 7 and 29 in the Contract for execution, in the
interest of ensuring consistency within the contract.
- Added Vol. II of III / pg.67 Request to remove.
- Added Vol. II of III / pg.68 Request to remove.