ACQS Special Conditions of Contract

SPECIAL CONDITIONS OF CONTRACT (FOR USE WITH THE ACQS HKIA/HKIS STANDARD FORM OF BUILDING CONTRACT WITH QUANTITIES
2005 EDITION) Contract Clause Reference Amendment Reference Context General A. These Special Conditions of Contract are to be read in conjunction with Recommended the Conditions of Contract which shall be the General Conditions contained in the Agreement and Schedule of Conditions of Building Contract for use in the Hong Kong Special Administrative Region, Private Edition - With Quantities, 2005 Edition published by the Hong Kong Institute of Architects, the Hong Kong Institute of Construction Managers and the Hong Kong Institute of Surveyors (hereinafter the General Conditions). Wherever these Special Conditions vary from the General Conditions the terms of the Special Conditions shall take precedence. Typographical Errors The following typographical errors in the Conditions shall be corrected :(a) (b) (c) Clause 13.4(1)(a), add the word or at the end of the Clause. Clause 35.4(8) first line, the comma after the word equipment shall be deleted. Clause 40(2) second line 40.1(1) shall be changed to 40(1).
Special Conditions take precedence
Special Conditions of Contract
Status
Guidance Notes
B.
Correcting typographical errors
ACQS SCC V,1.0
- SCC/1 -
April 2009
SPECIAL CONDITIONS OF CONTRACT (FOR USE WITH THE ACQS HKIA/HKIS STANDARD FORM OF BUILDING CONTRACT WITH QUANTITIES 2005 EDITION) (Cont'd) Contract Clause Reference General (Cont'd) Amendment Reference C. Clause Numbering Each SCC Clause number matches the clause number of the General Conditions clause to be amended. Therefore the SCC numbers may not run in sequence.
Essential Explains clause numbering system
Status
Guidance Notes
ACQS SCC V,1.0
- SCC/2 -
April 2009
SPECIAL CONDITIONS OF CONTRACT (FOR USE WITH THE ACQS HKIA/HKIS STANDARD FORM OF BUILDING CONTRACT WITH QUANTITIES 2005 EDITION) (Cont'd) Contract Clause Reference SCC-1 Interpretation and definitions Amendment Reference 1/1 Special Conditions of Contract
Status Guidance Notes Allows the Architect to specify the sequence and timing of selected elements of the works if he chooses to do so.
Delete sub-clause (vii) in Clause 1.6 under the Variation sub-heading at Optional Page 15 and replace with the following sub-clause:(vii) the sequence or timing of carrying out or completing work;
ACQS SCC V,1.0
- SCC/3 -
April 2009
SPECIAL CONDITIONS OF CONTRACT (FOR USE WITH THE ACQS HKIA/HKIS STANDARD FORM OF BUILDING CONTRACT WITH QUANTITIES 2005 EDITION) (Cont'd)
Contract Clause Reference SCC-2 Contractors obligations
Amendment Reference 2/1
Special Conditions of Contract Delete sub-clause 2.1(2) at Page 16 and replace with the following :(2)
Status Optional.
Guidance Notes
Where the Contract requires the Contractor to carry out the design or This option Contractor must design to fit the development of the Architects design, the design or the should only be the purpose development of the Architects design shall be carried out with used where the reasonable skill and care and shall be fit for the purpose and the Employer Contractor shall be responsible to the Employer for such work. decides to adopt Such design work: purpose under shall constitute part of the Works; 2.1(2). shall, if appropriate, include selection of proprietary articles; shall be carried out in due time by a trained and experienced person competent in the relevant field; and shall follow the relevant Standard Codes of Practices and/or good practice, to meet conditions imposed by the Specification, the environment, the expected life of the building and other relevant factors. The Contractor warrants each and every such design accordingly. A review by the Architect of the visual intent of the design of permanent work and its compliance with the contract terms shall be obtained, but this shall not constitute any waiver of the design responsibility of the Contractor, or of any actual or implied warranty of the Contractor or the supplier to him of any proprietary article.
fitness for
(3)
Where the Contract requires the Contractor to prepare details, or shop drawings or installation drawings, the details, or shop drawings or installation drawings shall be carried out with reasonable skill and care and the Contractor shall be responsible to the Employer for such work.
except for shop drawings
ACQS SCC V,1.0
- SCC/4 -
April 2009
Contract Clause Reference SCC-2 Contractors obligations (Cont'd)
Special Conditions of Contract Delete lines 1 and 2 of Clause 2.4(1) at Page 17 and replace with the following :(1) The Contractor shall as soon as practicable but in any event within 30 days after his receipt of any of the following documents carefully check and inform the Architect if the Contractor finds any ambiguity or discrepancy in or divergence between the following documents:
Status Optional
Guidance Notes
Specify time limit for checking discrepancies
2/3
Add the following as new Clause 2.4(3) :(3) If in the opinion of the Architect (which shall not be exercised Optional unreasonably) any discrepancy or divergence is one which should have been apparent to a reasonably competent contractor and notified by the Contractor in compliance with clause 2.4(1) and if such discrepancy or divergence was not in fact notified by the Contractor; then, in determining the entitlement of the Contractor to any extension of time or any direct loss and/or expense to which the Contractor would otherwise be entitled in consequence of an instruction issued by the Architect under this clause, the Architect shall exclude from such extension or direct loss and/or expense (as applicable) any delay or direct loss and/or expense which could reasonably have been avoided had the discrepancy or divergence been notified in accordance with clause 2.4(1) and the Contractors entitlements shall be limited accordingly. Contractors failure to identify and flag discrepancies may be taken into account by the Architect when assessing any claims for EOT or L&E to the extent that they have been affected by such failure.
ACQS SCC V,1.0
- SCC/5 -
April 2009
Special Conditions of Contract Add the following as new Clause 2.4(4) :(4)(a) The Contractor shall in the course of carrying out the Works take full responsibility for the adequate stability and safety of all operations on the Site other than those of persons for whom the Employer is responsible under clause 30.1 and have full regard for the safety of all persons on the Site. The Contractor shall comply with the Building Ordinance, the Construction Site (Safety) Regulations, all Labour Department Regulations, all Electrical and Mechanical Services Department Regulations, the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations and all other statutory requirements regarding safety on construction sites. The Contractor shall employ at least the number of safety officers and safety supervisors prescribed by the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations for the time being in force as at the date of the Contract. The Safety Officers shall be registered by the Commissioner for Labour under the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations and shall be employed on a full-time basis to undertake all duties entailed by the Factories and Industrial Undertakings (Safety Officers and Safety Supervisors) Regulations and any additional duties as specified in the Contract. Contd on next page
Status Optional
Guidance Notes
No additional requirements but promotes safety and includes safety requirements as contractual conditions
(b)
(c)
ACQS SCC V,1.0
- SCC/6 -
April 2009
Amendment Reference
Special Conditions of Contract Contd from previous page None of the requirements of this clause shall in any way relieve the Contractor of his obligations under clause 6 of the Conditions. In particular, the Contractor shall not be relieved of his obligations to employ Safety Supervisors, any additional Safety Officers and/or any other safety personnel in excess of the number required by this clause as may be separately required by any Act or Ordinance of Government, instrument, rule, order, regulation or by-law as may be in force at any time during the progress and continuance of the Works.
Status
Guidance Notes
ACQS SCC V,1.0
- SCC/7 -
April 2009
Contract Clause Reference SCC-3 Master Programme
Special Conditions of Contract At Page 19 renumber existing Clause 3.3 as Clause 3.4 and insert the following new clause 3.3:3.3 If the Contractor does not comply with the provisions of clauses 3.1 or 3.2 to the satisfaction of the Architect, the Employer may employ and pay others to carry out such programming activities as, in the Architects opinion, are sufficient for the Architect to monitor, update and forecast the Contractors progress on site. All costs incurred in connection therewith shall be recoverable from the Contractor by the Employer as a debt or may be deducted by the Employer from any monies due or to become due to the Contractor under the Contract.
Status Recommended
Guidance Notes
Provides response to Contractors non-compliance with SCC-3.
ACQS SCC V,1.0
- SCC/8 -
April 2009
Contract Clause Reference SCC-5 Documents forming the Contract
Special Conditions of Contract Delete clause 5.12(1) at Page 23 and replace with the following :(1)
Status Optional.
Guidance Notes
Time for submission of as-built drawings
The Contractor shall submit to the Architect 2 copies of the as-built Only recommended drawings which are required by the Contract, Nominated Sub-Contracts or Nominated Supply Contracts within 60 days of the where as-built date when, in the Architects opinion, substantial completion of any drawings are a particular trade or portion of the Works occurred. pre-requisite to
the issue of the Substantial Completion Certificate.
ACQS SCC V,1.0
- SCC/9 -
April 2009
Contract Clause Reference SCC-6 Statutory Obligations
Special Conditions of Contract Delete clause 6.1 at Page 24 and replace with the following:6.1 The Contractor shall comply with and give the notices required by any Ordinance, regulation, rule, order or by-law applicable to the Works and any changes thereto upto and including the Date of Substantial Completion of the Works (the Statutory Requirements) Delete clause 6.3(1) and replace with the following :(1) The Contractor shall pay and indemnify the Employer against liability in respect of all fees or charges legally demandable or which shall become legally demandable during the course of the Works under the Statutory Requirements.
Status Optional
Guidance Notes
Changes risk allocation so that contractor takes risk of changes to Statutory Requirements and also .
. takes risk of future increase in taxes or levies
Delete clause 6.3(2). On the sixth line of clause 6.4(1) after legally demandable insert or which shall become legally demandable.
with no adjustment to the Contract Sum . .. and also statutory undertakers &. utilities
ACQS SCC V,1.0
- SCC/10 -
April 2009
Contract Clause Reference SCC-8 Materials, goods, workmanship and work
Special Conditions of Contract Add the following as new Clause 8.1(7) to clause 8.1 :(7) Without prejudice to the generality of the foregoing, the Contractor shall carry out the Works : (a) (b) using materials which are new, free of defects and of good quality; and using methods of construction which are in accordance with sound practice and which are not likely to endanger any existing structures or finishes, adjacent property or the safety of the public.
Status Optional
Guidance Notes
Additional requirements regarding quality
ACQS SCC V,1.0
- SCC/11 -
April 2009
Contract Clause Reference SCC-8 Materials, goods, workmanship and work (Cont'd)
Special Conditions of Contract Add the following as new Clause 8.2(4) to clause 8.2 :(4) Where the Specification requires any item of work to be inspected prior to being covered up, then the Contractor shall notify the Architect in writing before work is covered up and give him at least 2 full working days notice to inspect. Should any work be covered up without the required notice being given then, whether or not the work is in accordance with the Contract, the Contractor will be responsible for all costs of the testing, opening up for inspection, and any consequential making good and the Contractor shall not be entitled to any extensions of time or to any adjustment of the Contract Sum or other additional monetary compensation in respect of any delay or disruption caused thereby any such entitlement being hereby irrevocably waived.
Status Optional
Guidance Notes
Additional requirements regarding notices before covering up
8/3
Delete the word individual in the first line of clause 8.5 at Page 27 and Optional replace with the words person or persons.
Minor extension of definition of who Architect may dismiss for incompetence
ACQS SCC V,1.0
- SCC/12 -
April 2009
Contract Clause Reference SCC-12 Architects representative
Amendment Reference
12/1
Status
Guidance Notes
Delete the words to be resident on the Site in the second line of the first Recommended paragraph of clause 12.1 at Page 28 and replace with the following :who may or may not be resident on the Site. Add the following as new Clause 12.4 to clause 12 :12.4 No act or omission by the Architects representative in the performance of any of his duties or exercise of any of his powers under the Contract shall in any way operate to relieve the Contractor of any of the duties, responsibilities, obligations or liabilities imposed upon him by any of the provisions of the Contract.
Architects representative may or may not be resident on Site
12/2
Recommended
Contractor not relieved of obligations by any act of Architects Representative.
ACQS SCC V,1.0
- SCC/13 -
April 2009
Contract Clause Reference SCC-13 Variations, Provisional Quantities, Provisional Items and Provisional Sums
Amendment Reference
13/1
Special Conditions of Contract Delete clause 13.1(1) and replace with the following:(1) The Architect may issue an instruction requiring a Variation.
Status Recommended
Guidance Notes
Architects authority to issue Variation instruction deletion of provisions allowing Contractor to object
13/2
Add the following clause 13.4(1)(v) at Page 31:(v) For work which is to be the subject of a fair valuation under clause Recommended 13.4(1) (iii), the Contractor shall obtain, if so requested by the Quantity Surveyor, three competitive tenders, and the fair valuation shall be based upon the most competitive tender so received by the Contractor together with an adjustment for the Contractors profit and overheads as may be agreed with the Quantity Surveyor. Allow QS to request Contractor to obtain competitive quotes for work to be valued as fair valuation
13/3
Add the following to the end of clause 13.4(3)(b) at Page 31:Provided that no such adjustments shall be made if the omission of work is Optional due to omission of work which is included in or covered by any Provisional Quantities, Provisional Items or Provisional Sums. No adjustment for expense where an omission of work is due to firming up of provisional elements. Self explanatory
13/4
Add the following new clause at the end of clause 13.4:(10) If required by the Architect the Contractor shall within fourteen (14) days of the Architects written request submit a detailed estimate of the value of any variation.
Recommended
ACQS SCC V,1.0
- SCC/14 -
April 2009
Contract Clause Reference SCC-14 Contract Bills
Amendment Reference
14/1
Special Conditions of Contract Insert the words and Contract Drawings after the words the Specification in the third line of clause 14.1.
Status Recommended
Guidance Notes
Item description in Bills to be read in context of Specification and Drawings rather than just the Specification. SMM departures may be specifically stated in bill description as well as (or instead of) Prelims and Preambles Correction of BQ errors does not entitle Contractor to EOT or L&E except under specific circumstances
14/2
Insert the words or as part of the relevant bill item descriptions or Recommended headings between the words Bills and and in the third line of clause 14.2(2).
14/3
Add the following clauses at the end of clause 14:14.4 Any correction made in accordance with clause 14.3 shall not entitle the Contractor to any extension of time under the provisions of clause 25 unless the correction results in an increase in the work to be carried out of sufficient magnitude to cause delay and provided that the error in description was not apparent from the Contract Drawings. Any correction made in accordance with clause 14.3 shall not entitle the Contractor to any loss and/or expense under the provisions of clause 27 unless the correction results in an increase in the work to be carried out of sufficient magnitude to cause delay or disruption and provided that the error in description was not apparent from the Contract Drawings.
Recommended
14.5
ACQS SCC V,1.0
- SCC/15 -
April 2009
Contract Clause Reference SCC-17 Substantial Completion and defects liability
Special Conditions of Contract Delete clause 17.1 at Page 34 and replace with the following:17.1 The Architect shall issue the Substantial Completion Certificate for the Works when he is satisfied that the Works have been substantially completed and have passed the inspections and tests that are required by the Contract to be carried out and completed before Substantial Completion and that any approvals, permits or temporary permits required by the Contract have been issued by the relevant authorities or, if any such approval, permit or temporary permit, remains unissued it is not as a consequence of any default if the Contractor and that (subject to any written undertaking the Architect may require) all unfinished items of work shall be completed as soon as practicable after the issue of the Substantial Completion Certificate, or as instructed by the Architect, and in any case before the expiry of the Defects Liability Period.
Status Optional
Guidance Notes
Clarifies position of approvals and undertakings for Completion Cert issue
ACQS SCC V,1.0
- SCC/16 -
April 2009
Contract Clause Reference SCC-17 Substantial Completion and defects liability (Cont'd)
Special Conditions of Contract Delete clause 17.3(5) at Page 35 and replace with the following:-
Status
Guidance Notes
(5) The Architect may instruct the Contractor not to rectify some or all of Optional the defects specified in the schedules of defects, in which case the Quantity Surveyor shall assess a fair value for defects not rectified and reduce the Contract Sum accordingly. 17/3 Delete the word and at the end of clause 17.4(b) at Page 35. Delete . at the end of clause 17.4(c) and add ; and at the end of clause 17.4(c). Add the following sub-clause to the end of clause 17.4 :(d) the Contractor (or the relevant Nominated Sub-Contractors/Suppliers) has submitted all specified guarantees and warranties as required by the Contract and all such guarantees and warranties have been approved by the Architect.
Clarifies process for assessing set-off when Architect opts to accept unrectified defects.
Optional
Adds submission and approval of guarantees and warranties to requirements for Defects Cert.
ACQS SCC V,1.0
- SCC/17 -
April 2009
Contract Clause Reference SCC-18 Partial possession by Employer
Special Conditions of Contract Delete clause 18.1(1) and replace with the following :(1) The Employer may take possession of a part of the Works or where sectional completion is provided for in the Contract a part of a Section before Substantial Completion if the Architect considers such part of the Works or part of a Section is capable of occupation or use by the Employer and that part of the Works or part of a Section shall be referred to as a Relevant Part.
Status Optional
Guidance Notes
Removes requirement for Contractor to consent to Employer taking possession of part of the Works
SCC-19 Assignment and sub-letting
19/1
Add the following as new clause 19.2(g) to clause 19.2 :(g) it shall be a condition in any sub-letting which may occur that the employment of the sub-contractor under the sub-contract shall determine immediately upon the determination (for any reason) of the Contractors employment under this Contract.
Recommended
Self explanatory
ACQS SCC V,1.0
- SCC/18 -
April 2009
Contract Clause Reference SCC-21 Insurance against injury to persons or property
Special Conditions of Contract Insert the words the Employer, after the words names of in the third line of clause 21.1(1) at Page 39.
Status Optional
Guidance Notes
Employer becomes jointly named in Employees Compensation Policy Clarifies original wording.
21/2
In sub-clause 21.1(1), at Page 39, delete the words the Contractors or any Recommended sub-contractors of all tiers employees and replace with employees of the Contractor or any sub-contractor of all tiers Add the following new sub-clause at the end of Clause 21.2:(5) The Contractors attention is drawn to clause 20 which sets out his Optional contractual obligations to indemnify the Employer against certain damage, expense, liability or loss in respect of any claim or proceedings. If the Contractor considers the limit of indemnity referred to in clause 21(4) for any one occurrence or series of occurrence of loss or damage to be inadequate to cover these contractual obligations he is at liberty to take out a policy with an increased limit of indemnity but any additional premium or differential in premium shall be at his own expense.
21/3
Stated Limit of Indemnity is a minimum figure and Contractor may opt for a higher loss at his own expenses.
21/4
In sub-clause 21.2(1)(b)(ii) replace the ,with ; or
Recommended
Grammatical correction
ACQS SCC V,1.0
- SCC/19 -
April 2009
Contract Clause Reference SCC-22 Insurance of the Works
Amendment Reference
22/1
Status
Guidance Notes
Add the following words at the beginning of the second sentence of clause Optional use 22.4(1) at Page 42: only if optional Subject to clause 22.4(4), and the following word The shall be replaced by the word the. Add the following as new sub-clause 22.4(4) to clause 22.4 :(4) The Contractors All Risks Insurance Policy shall be extended beyond the period of 14 days after the issue of the Substantial Completion Certificate required under clause 22.4(1) above to extend the period of cover to include the carrying out of unfinished items of work and works of repair or maintenance etc. by the Contractor, his sub-contractors and their sub-contractors of all tiers during the Defects Liability Period.
sub-clause 22.4(4) is adopted.
Amended to tie in with new sub-clause 22.4(4).
22/2
Optional check CAR policy extended to cover with Employer outstanding items and maintenance work during DLP. and PM to ascertain if required or not.
22/3
Add the words (less only any amount included for the professional fee as Recommended stated in clause 22.2(b)) after the words of the Works in the third line of clause 22.6.
Clarifies that Contractor may not retain any amount in respect of professional fees included in CAR payout.
ACQS SCC V,1.0
- SCC/20 -
April 2009
Contract Clause Reference SCC-22 Insurance of the Works (Cont'd)
Status
Guidance Notes
Add the following as new sub-clause 22.8 to clause 22 where clause 22B or Recommended 22C is applicable to the Contract :where 22B or
22C is adopted.
22.8
(a)
Where insurance policies are effected and maintained by the Employer as referred to in clauses 21.2, 22B or 22C as appropriate, the Contractor shall be deemed to have examined such insurance policies effected and maintained and to have made allowance in his tender for any insufficiencies for which he may consider additional cover is required. The Contractor shall conform to the conditions of the insurance policies and all requirements of the insurer in connection with the prevention of accidents, the recovery of losses and the settlement of claims and shall bear at his own expense all consequences of any failure to do so. The Contractor shall be liable for all excesses (deductibles) contained in the policies and all exclusions or limitations under the said policies (insofar as they concern risks for which he is responsible under the terms of the Contract). In the event of any claims under the insurances, insofar as excesses are concerned they shall be recoverable from the Contractor by the Employer as a debt. If the Contractor requires that the excesses (deductibles) be reduced to lesser amounts, then the Contractor shall bear any additional premium payable entirely at his own expense.
Contractor reminded that, where the Employer has taken out insurance, he may consider additional insurance at his own expense to fully cover his liabilities and that he must comply with the terms of the Employers policies or risk losing the benefits.
(b)
(c)
(d)
ACQS SCC V,1.0
- SCC/21 -
April 2009
Contract Clause Reference SCC-24 Damages for non-completion
Status
Guidance Notes
In Clause 24.2(1) at Page 46 delete the words between the Completion Recommended Date and the Date of Substantial Completion in the last line and replace with the words commencing from the date by which the Architect certified the Works or Section ought to have been completed under Clause 24.1(1) upto and including the date by which they were ultimately completed as certified under the Substantial Completion Certificate. Delete clauses 25.1(3)(b), 25.1(3)(c), 25.1(3)(i), 25.1(3)(m), 25.1(3)(n) and Optional 25.1(3)(t) at Pages 47 and 48.
Revised wording to clarify period when LADs are payable.
SCC-25 Extension of time
25/1
Delete EOT for:(b) Inclement weather (c) Signal 8 or Black Rainstorm Warning (i) AI causing significant additional work (m) NSC delays (n) Supplier delays (t) Government approvals & consent delays Delete L&E for: (d) AI causing significant additional work (h) NSC and Nominated Supplier delays
SCC27 Direct loss and/or expense
27/1
Delete clauses 27.1(2)(d) and 27.1(2)(h) at Pages 53 and 54.
Optional
ACQS SCC V,1.0
- SCC/22 -
April 2009
Contract Clause Reference SCC-29 Nominated Sub-Contractors and Nominated Suppliers
Special Conditions of Contract Delete clause 29.2(1)(c) at Page 58.
Status
Guidance Notes
Optional should Removes Contractors right to be approved by refuse to enter sub-contract if Contractor considers tender sum Employer
is not financially viable 29/2 Delete clause 29.2(7) at Page 59.

Optional should Removes Contractors right to be approved by claim EOT where a NSC has delayed the work and the delay Employer
relates to an earlier objection raised by the Contractor to the appointment of the NSC.
ACQS SCC V,1.0
- SCC/23 -
April 2009
Contract Clause Reference SCC-32 Certificates and Payments
Special Conditions of Contract Insert the following words at the beginning of Clauses 32.1(1) and at 32.1(5) at Pages 64 and 65:Provided the Contractor complies with the requirements of Clause 32.1(4) then
Status Optional
Guidance Notes
Architect & QS obligations to prepare Interim Certificate only arises provided Contractor delivers statement of work done
32/2
Insert the words with copies to the Architect and the Engineer as Recommended appropriate after the words Quantity Surveyor in the first line of clause 32.1(4) at Page 64. Add the following words to the end of Clause 32.1(5) at Page 65:or such other time as may be agreed between the Architect and the Quantity Surveyor provided always that the Quantity Surveyor shall submit the valuation prior to the Architects due date under Clause 32.1(1).
Self explanatory.
32/3
Optional
Deals with deadline on QS which in practice may be difficult to maintain
ACQS SCC V,1.0
- SCC/24 -
April 2009
Contract Clause Reference SCC-32 Certificates and Payments (Cont'd)
Status
Guidance Notes
EITHER
Delete Clause 32.3 and replace with the following:32.3 For the avoidance of doubt it is confirmed that clause 32.3 shall not be applicable to this Contract.
Optional
Removes discretionary provision for inclusion of off-site materials or goods in Interim Payment
OR
Add the following to the end of clause 32.3 : When the value of off-site materials or goods is to be included in an Interim Certificate, the following conditions shall apply:(a) (b) (c) such materials or goods must be intended for inclusion in the Works; such materials or goods must be in accordance with the Contract; the Contractor must furnish to the Quantity Surveyor reasonable proof that the premises where the materials or goods have been assembled or stored are owned or leased by the Contractor; Contd on next page
Optional
Amplifies requirements for verification of materials off-site.
ACQS SCC V,1.0
- SCC/25 -
April 2009
Amendment Reference
Special Conditions of Contract Contd from previous page (d) such materials or goods must have been set apart at the premises where they have been assembled or stored, and have been clearly and visibly marked, individually or in sets, so as to identify: (i) (ii) (e) the person to whose order they are held, and their destination as being the Works;
Status
Guidance Notes
the Contractor must furnish to the Quantity Surveyor evidence that such materials or goods are insured against the perils set out in clause 22 of these Conditions; the Contractor must furnish to the Quantity Surveyor reasonable proof that the property in such materials or goods lies with the Contractor and that the conditions set out in paragraphs (a) to (e) of this sub-clause have been complied with.
(f)
ACQS SCC V,1.0
- SCC/26 -
April 2009
Status
Guidance Notes
Delete the words 14 days after Substantial Completion in the third line of Recommended Clause 32.5(2) at Page 68 and replace with the words within 14 days after the issue of the Substantial Completion Certificate.
Original wording requires release of half retention 14 days after Substantial Completion which, in practice, may be difficult if the Substantial Completion Cert is back dated. Reflects actual practice of the final account also being signed by the Architect
32/6
At Page 69 in Clause 32.6(5) at line 1 insert the words the Architect., before the words the Quantity Surveyor.
Optional
32/7
Delete clause 32.7(3)(h)(i) at Page 70.
Optional must See SCC6 be adopted if SCC6 is adopted.
32/8
Insert the word within before the words 28 days in the third line of clause 32.8(4) at Page 71.
Recommended
Avoids having to comply with the exact number of days
ACQS SCC V,1.0
- SCC/27 -
April 2009
Special Conditions of Contract Delete clause 32.9(1)(a) at Page 71.
Status Optional
Guidance Notes
Deletes requirements for Architects Final Certificate to constitute conclusive evidence of compliance with Contract. Discuss with Architect/Lead Consultant & Employer prior to inclusion some Consultants may not wish to give effect to the original clause.
ACQS SCC V,1.0
- SCC/28 -
April 2009
Contract Clause Reference SCC-33 Surety Bond
Amendment Reference
33/1
Status
Guidance Notes
Delete the words or, if not set out in either of those documents, in the form Optional check Schedule 1 is an on-default bond set out in Schedule 1 of the Conditions, in clause 33.1(3). rather than an on-demand bond with Lead and hence has limited value. Consultant/
Employer whether Schedule 1 is acceptable
33/2 (Part 1)
EITHER
Delete clause 33.2 at Page 73 and replace with the following :33.2 The insurance company or bank shall be released from the surety bond upon the issue of the Defects Rectification Certificate for the whole of the Works.
Recommended
Corrects mis-match between 33.2 and Schedule 1
OR
At Page 91 in Schedule 1 Clause 5 at line 2 delete the words the Defects Liability Certificate and replace with the Substantial Completion Certificate.
Contd on next page
ACQS SCC V,1.0
- SCC/29 -
April 2009
Contract Clause Reference SCC-33 Surety Bond (Cont'd)
Amendment Reference (Part 2)
Special Conditions of Contract Contd from previous page
Status
Guidance Notes
EITHER
Insert the following words in sub-clause 33.3 in line 3 between the words Recommended Employer and , at: or the issue of the Defects Rectification Certificate for the Works, whichever occurs first,.
Ensure the choice is consistent with the amendment to 33.2 noted above
Consistency regarding expiry condition of bond
OR
Insert the following words in sub-clause 33.3 in line 3 between the words Employer and ,at: or the issue fo the Substantial Completion Certificate for the Works, whichever occurs first,.
ACQS SCC V,1.0
- SCC/30 -
April 2009
Contract Clause Reference SCC-33 Surety Bond (Cont'd)
Special Conditions of Contract Add the following at the end of clause 33.3 at Page 73:The amount so withheld shall be held upon trust by the Employer for the Contractor (without obligation to invest) subject to the rights of the Employer to have recourse to it for payment of any amounts which he is entitled to under the Contract or at law or to deduct from it any sum owed to him by the Contractor, provided that the Employer gives notice to the Contractor in accordance with clause 32.1(6). The above principles shall also apply to any Nominated Sub-Contract where the Nominated Sub-Contractor is required to provide a specific Surety Bond to the Employer under the Form of Warranty to be given by the Nominated Sub-Contractor to the Employer in consideration of nomination.
Status Recommended
Guidance Notes
Clarifies actions available if Contractor fails to produce bond.
ACQS SCC V,1.0
- SCC/31 -
April 2009
Contract Clause Reference SCC-35 Determination by Employer
Special Conditions of Contract Add the following as new sub-clause 35.1(f) to clause 35.1:(f) persistently or significantly breaching his obligations under this Contract to the material detriment of the Employer.
Status Recommended
Guidance Notes
Self explanatory
Delete the word or from clause 35.1(d) and at the end of clause 35.1(e) . shall be deleted and replaced by ;or.
ACQS SCC V,1.0
- SCC/32 -
April 2009
Contract Clause Reference SCC-35 Determination by Employer
Status
Guidance Notes
Renumber clause 35.8 as clause 35.9 and the following shall be inserted as Recommended new sub-clause clause 35.8:35.8 In addition to the grounds for determination given in clause 35 of the Conditions, the Employer shall be entitled to immediately, determine the employment of the Contractor under this Contract and the Contractor shall be liable to pay to the Employer the amount of any loss to the Employer resulting from such determination, if the Contractor has offered, given or agreed to give to any person any bribe, gift, loan or advantage of any kind as defined in the Prevention of Bribery Ordinance, Cap 201 as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this Contract or any other contract with the Employer, or for showing or any forbearing to show favour or disfavour to any person in relation to this Contract or other contract with the Employer, or if the like acts shall have been done by any person employed by the Contractor or acting on his behalf whether with or without the knowledge of the Contractor. In the first line of the renumbered clause 35.9 delete the clause reference 35.7 and replace with the clause reference 35.8.
Bribery or corruption becomes a cause for determination
ACQS SCC V,1.0
- SCC/33 -
April 2009
Contract Clause Reference SCC-38 Fluctuations
Status
Guidance Notes
EITHER
For the avoidance of doubt it is confirmed that clause 38 shall not be Optional applicable to this Contract. No adjustment to the Contract Sum shall be made for any rises or falls in the cost of labour or materials, fluctuations in exchange rates, freight charges, insurance premium or for any other reasons whatsoever.
Clarifies mechanism for fluctuations
OR
It is expressly agreed that clause 38 shall apply to this Contract. The amount in each Interim Certificate as being due in respect of fluctuation in the cost of labour and materials for the Works shall be adjusted upwards or downwards in accordance with the provisions set out in the Contract.
ACQS SCC V,1.0
- SCC/34 -
April 2009
Contract Clause Reference SCC-39 Notices, certificates and other communications
Special Conditions of Contract Delete clause 39(3) and replace with the following :(3) Any notice, certificate or other communication to be given or made under the Contract shall be deemed to have been delivered : in the case of delivery by electronic mail immediately following transmission (provided that the correct response is received by the sender); or, in the case of delivery by facsimile machine immediately following transmission; or, in the case of a document sent by post two days after the document has been posted in the case of a recipient in Hong Kong (irrespective of whether ordinary or registered post or recorded delivery is used) or seven days after the document has been posted in the case of an overseas recipient (irrespective of whether standard airmail, speedpost or any other form of airmail is used); or, in the case of a document delivered by hand or courier, at the time of delivery (provided receipt is obtained noting the time of delivery).
Status Recommended
Guidance Notes
ACQS SCC V,1.0
- SCC/35 -
April 2009
Contract Clause Reference SCC-41 Settlement of disputes
Special Conditions of Contract In clauses 41.3(2) and 41.4(2) at Page 86 delete the words:the Hong Kong Institute of Architects co-jointly with the. Delete clause 41.4(3) at Page 86 and replace with the following:The President or Vice-President referred to in clause 41.4(2) may, at his discretion, request the Hong Kong International Arbitration Centre to appoint the arbitrator, by letter to the Chairman of that organization. Delete clause 41.4(4).
Status Optional
Guidance Notes Leaves the appointment solely in the hands of President HKIS to avoid any difference of opinion between two appointing parties.
ACQS SCC V,1.0
- SCC/36 -
April 2009

ACQS Special Conditions of Contract

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ACQS Special Conditions of Contract

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SPECIAL CONDITIONS OF CONTRACT (FOR USE WITH THE ACQS HKIA/HKIS STANDARD FORM OF BUILDING CONTRACT WITH QUANTITIES

Special Conditions of Contract

Correcting typographical errors

ACQS SCC V,1.0

Special Conditions of Contract

ACQS SCC V,1.0

ACQS SCC V,1.0

Contract Clause Reference SCC-2 Contractors obligations

Amendment Reference 2/1

except for shop drawings

ACQS SCC V,1.0

Contract Clause Reference SCC-2 Contractors obligations (Cont'd)

Amendment Reference 2/2

Specify time limit for checking discrepancies

ACQS SCC V,1.0

Contract Clause Reference SCC-2 Contractors obligations (Cont'd)

Amendment Reference 2/4

ACQS SCC V,1.0

Contract Clause Reference SCC-2 Contractors obligations (Cont'd)

ACQS SCC V,1.0

Contract Clause Reference SCC-3 Master Programme

Amendment Reference 3/1

Provides response to Contractors non-compliance with SCC-3.

ACQS SCC V,1.0

Contract Clause Reference SCC-5 Documents forming the Contract

Amendment Reference 5/1

Time for submission of as-built drawings

ACQS SCC V,1.0

Contract Clause Reference SCC-6 Statutory Obligations

Amendment Reference 6/1

. takes risk of future increase in taxes or levies

ACQS SCC V,1.0

Contract Clause Reference SCC-8 Materials, goods, workmanship and work

Amendment Reference 8/1

Additional requirements regarding quality

ACQS SCC V,1.0

Amendment Reference 8/2

Additional requirements regarding notices before covering up

Minor extension of definition of who Architect may dismiss for incompetence

ACQS SCC V,1.0

Contract Clause Reference SCC-12 Architects representative

Special Conditions of Contract

Architects representative may or may not be resident on Site

Contractor not relieved of obligations by any act of Architects Representative.

ACQS SCC V,1.0

ACQS SCC V,1.0

Contract Clause Reference SCC-14 Contract Bills

ACQS SCC V,1.0

Contract Clause Reference SCC-17 Substantial Completion and defects liability

Amendment Reference 17/1

Clarifies position of approvals and undertakings for Completion Cert issue

ACQS SCC V,1.0

Amendment Reference 17/2

ACQS SCC V,1.0

Contract Clause Reference SCC-18 Partial possession by Employer

Amendment Reference 18/1

SCC-19 Assignment and sub-letting

ACQS SCC V,1.0

Contract Clause Reference SCC-21 Insurance against injury to persons or property

Amendment Reference 21/1

In sub-clause 21.2(1)(b)(ii) replace the ,with ; or

ACQS SCC V,1.0

Contract Clause Reference SCC-22 Insurance of the Works