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Page 8 Sub-Clause 2.7. The missing letter ‘D’ has been inserted in
‘Disputing’ (margin note.)
Page 33 Sub-Clause 44.8(b). The word ‘Contractor’ on the last line was
previously ‘Contract’.
Page 35 Sub-Clause 49.3. The word ‘or’ between ‘minute’ and ‘protocol’
was previously ‘of’.
Index, page (i) The words ‘Adverse physical conditions and artificial
obstructions’ have been deleted.
Index, page (v) The word ‘adverse’ has been deleted after ‘Physical conditions’.
Contract Agreement The word ‘Agreement’ in the title has been capitalised.
Line 6 Inverted commas have been inserted before the word ‘the’ and
deleted before the word ‘Contractor’.
Line 7 The comma following the word ‘executed’ has been deleted.
Line 15 Inverted commas have been inserted before the word ‘the’ and
deleted after the word ‘the’.
Item 5, line 1 The words ‘and statutes or constitutions’ have been inserted after
the word ‘laws’.
Item 5, line 2 The words ‘by their duly authorized signatories’ have been
inserted after the word ‘hereof’.
Item 5 The remaining text of the original document has been deleted
and is replaced by:
‘Binding Signatures(s) on behalf of the Employer
_______________,
and
‘Binding Signatures(s) on behalf of the Contractor
______________,
PART-II: PARTICULAR CONDITIONS OF CONTRACT
(Mandatory Provisions- not to be amended/substituted except where indicated by
PEC)
PART-II: PARTICULAR CONDITIONS OF
CONTRACT
Contents Page No.
1.1 Definitions 1
1.6 Cost, Overhead Charges and Profit 2
2.1 Engineer’s Duties 2
2.6 Confirmation in Writing 3
2.7 Disputing Engineer’s Decisions and Instructions 3
2.8 Replacement of Engineer 3
2.9 Engineer Not Liable 3
4.2 No Contractual Relation between Sub contractor and the Employer 3
5.3 Priority of Contract Documents 4
5.4 Documents Mutually Explanatory 4
6.2 Consequences of Disapproval of Contractor’s Drawings 4
6.6 Operation and Maintenance Manuals 4
6.9 Manufacturing Drawings 5
6.10 “As Built” Drawings 5
8.1 General Obligations 5
10.1 Performance Security 6
10.3 Claims under Performance Security 6
10.4 Performance Security Binding on Variations and Changes 6
12.1 Programme to be Furnished 6
12.4 Monthly Progress Report 7
12.5 Daily Job Record 7
13.1 Contractor’s Representative 7
13.3 Language Ability of Superintending Staff of Contractor 8
13.4 Employment of Local Personnel 8
14.1 Contractor’s Equipment 8
14.2 Safety Precautions 8
14.3 Electricity, Water and Gas 8
14.4 Employer’s Equipment 9
14.8 Information for Import Permits and Licences 9
15.2 Compliance with Laws 9
16.4 Photographs of Works and Advertisement Prohibited 9
16.5 Training of Employer’s Staff 9
17.4 Consents and Way Leaves 10
17.5 Import Permits and Licences 10
18.1 Engagement of Labour 10
18.5 Employment of Persons in the Service of Others 10
18.6 Alcoholic Liquor or Drugs 10
18.7 Arms and Ammunition 11
18.8 Festivals and Religious Customs 11
18.9 Disorderly Conduct 11
18.10 Records of Safety and Health 11
18.11 Reporting of Accidents 11
18.12 Compliance by Sub-Contractors 11
19.1 Manner of Execution 11
19.3 Uncovering Work 11
19.4 Use of Pakistani Materials 12
24.1 Cost of Suspension 12
24.4 Resumption of Work 12
25.1 Time for Completion 12
26.1 Extension of Time for Completion 12
26.3 Earlier Completion 12
26.4 Rate of Progress 13
27.1 Delay in Completion 13
28.7 Consequences of Failure to pass the Tests on Completion 14
30.4 Extension of Defects Liability Period 14
30.5 Failure to Remedy Defects 14
30.13 Unfulfilled Obligations 14
31.1 Engineer’s Right to Vary 14
31.5 Record of Costs 14
31.6 Daywork under Variation Order 14
31.7 Value Engineering 14
33.1 Terms of Payment 15
33.1.1Retention of Payment 17
33.1.2Payment Where Taking Over Certificate Issued
for Section or Portion of Works 17
33.3 Method of Application 17
33.5 Payment 17
33.6 Delayed Payment 17
33.8 Payment by Measurement 18
33.12 Withholding of Payment 18
35.1 Payment in Foreign Currencies 18
35.2 Currency Restrictions 18
35.3 Rates of Exchange 18
36.4 Payment Against Provisional Sums 18
37.2 Employer’s Risks 19
39.2 Loss or Damage Before Risk Transfer Date 20
39.4 Duty to Minimize Delay 20
40.2 Employer’s Liability 20
42.2 Maximum Liability 20
42.6 Foreseen Damage 20
43.1 The Works (Insurance) 20
43.2 Contractor’s Equipment 20
43.3 Third Party Liability (Insurance) 21
43.7 Remedies on the Contractor’s Failure to Insure 21
43.9 Currency of Insurance 21
43.10 Contractor to Notify 21
43.11 Procurement of Insurance Policies 21
44.6 Damage Caused by Force Majeure 21
44.8 Payment on Termination for Force Majeure 21
44.10 Force Majeure Affecting Engineer’s Duties 21
45.2 Contractor’s Default 21
45.6 Integrity Pact 22
46.1 Employer’s Default 22
46.3 Payment on Termination for Employer’s Default 22
47.1 Labour, Materials and Transport 22
48.1 Customs and Import Duties 22
48.3 Port Charges and Port Congestion 22
49.1 Notice to Contractor 23
50. Disputes & Arbitration 23
51. Warranty 25