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| 06 January 2009 | ||
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12 (1) Commencement of Works
(2) Commencement Date
13 (1) Access to and possession of Site
(2) Delays in giving possession
(3) Use of land
14 (1) Basic survey references
(2) Contractors responsibility for setting out
(3) Errors in setting out
15 (1) Order of Works
(2) Programme
(3) Supporting documents
(4) Adjustment of programme
(5) No relief of Contractors responsibilities
16 (1) Custody of Drawings and Specifications
(2) Contractors copies
(3) Documents to be kept on Site
(4) Register of Drawings
(5) Drawings and Specifications
(6) Further Drawings, Specifications and instructions
(7) Contractor to give notice timeously
(8) Documents to be provided within reasonable times
(9) Contractor to give effect to Drawings, etc
(10) Engineers failure to comply timeously
(11) Engineer to approve Contractors designs and drawings
12.(1) Commencement of Works
The Contractor shall, save as may be otherwise provided in the Contract or be legally or physically impossible, commence executing the Works within the number of days stated in the Appendix calculated from the Commencement Date, excluding from the calculation any special non-working days, or by a later date specified in the written notice to the Contractor establishing the Commencement Date.
The Commencement Date shall not be later than 28 days after the date of delivery of the Letter of Acceptance unless otherwise agreed in terms of the Contract.
13.(1) Access to and possession of Site
The Employer shall, subject to any requirements in the Contract as to the order in which the Works shall be executed,
(a) on the Commencement Date, give to the Contractor right of access to the Site, the location of which access shall be stated in the Tender Documents (including physical access to the extent stipulated in the Contract) and possession of so much of the Site as may be required to enable the Contractor to commence and proceed with the construction of the Works in accordance with the programme referred to in Clause 15, or otherwise in accordance with such reasonable proposals of the Contractor as he shall make by notice in writing to the Engineer and,
(b) from time to time as the Works proceed, give to the Contractor possession of such further portions of the Site as may be required to enable the Contractor to proceed with the construction of the Works with due despatch in accordance with the said programme or proposals as the case may be.
(2) Delays in giving possession
If the Contractor suffers any delay or additional Cost from failure of the Employer to give possession in accordance with the terms of this Clause, the Contractor shall be entitled to make a claim in accordance with Clause 5 1, for which purpose the time limit of 28 days provided in Clause 51(1)(a) shall commence to run only from the time when possession of the Site has actually been given and may be extended by the Engineer at his discretion.
(3) Use of land
The Contractor shall not use the Site or land connected with the Works, or cut down trees or vegetation, for any purpose whatsoever other than for the proper carrying out of the Works and shall locate any facilities that may be required for the Contract on the Site in such areas as the Engineer shall stipulate.
14.(1) Basic survey references
The Engineer shall establish the basic reference pegs and benchmarks on the Site and give to the Contractor the particulars thereof in sufficient time to enable the Contractor to meet his approved programme.
(2) Contractors responsibility for setting out
After compliance by the Engineer with the provisions of Sub-Clause (1), the Contractor shall be responsible for the true and proper setting out of the Works and for the
correctness of the position, levels, dimensions and alignment of all parts of the Works and for the
provision of all necessary instruments, appliances and labour in connection therewith.
The Contractor shall carefully protect and preserve a11 benchmarks, sight-rails, pegs
and other things used in setting out the Works.
The checking of any setting-out or of any line or level by the Engineer shall not
relieve the Contractor of his responsibility for the correctness thereof.
If at any time during the progress of the Works, any error shall appear or arise in the position, levels, dimensions or alignment of any part of the Works, the Contractor, on being required to do so by the Engineer, shall at his own expense rectify such error to the satisfaction of the Engineer, but if such error is based on incorrect data supplied in writing by the Engineer or if there is any delay in providing the particulars required in terms of Sub-C1ause (1), the Contractor shall, in respect of that delay and the Cost of such rectification, be entitled to make a claim in accordance with Clause 51.
15.(1) Order of Works
The order in which the Works are to be carried out and the programme of construction shall be subject to the approval of the Engineer, which approval shall not be unreasonably withheld.
(2) Programme
The Contractor shall deliver to the Engineer within the time stated in the Appendix, calculated from the receipt by the Contractor of the Letter of Acceptance, a realistic programme showing the order of procedure and method which he proposes to use in carrying out the Works in order to meet the Due Completion Date.
When required by the Engineer, the Contractor shall, within a reasonable time, also deliver to the Engineer documents in support of the programme and particulars in writing of the Contractors resources planning, including
(a) the Contractors arrangements for and method of carrying out the Works, and
(b) the Constructional Plant which the Contractor intends to supply and use for the purpose of the Contract, and
(c) rates of progress for the various parts of the Works, and
(d) a detailed cash flow forecast.
The programme and the cash flow forecast shall be subject to review and, if so instructed by the Engineer, shall be adjusted by the Contractor on a regular monthly basis, or at such interval, as circumstances may require.
(5) No relief of Contractors responsibilities
The submission to and approval by the Engineer of such programme or its adjustment, or the delivery of any relevant particulars, shall not relieve the Contractor of any of his duties or responsibilities under the Contract.
16.(1) Custody of Drawings and Specifications
The originals of all Drawings and Specifications prepared by or on behalf of the Engineer shall remain in his custody and references herein to delivery to the Contractor of Drawings or Specifications shall relate to true copies thereof.
The Contractor shall be entitled to receive free of charge, to the extent provided in the Contract, copies of each such Drawing and Specification and to receive, at the cost of reproduction, such additional copies as he shall reasonably require.
(3) Documents to be kept on Site
One copy of al documents constituting the Contract shall be kept on the Site and be available for perusal by the Engineer or any person authorised by him.
The Contractor shall, in accordance with the Engineers instructions, maintain a register on the Site of all Drawings and revisions thereof in the chronological order in which they are delivered to him.
(5) Drawings and Specifications
On the Commencement Date the Engineer shall deliver to the Contractor copies of the Drawings, Specifications and other relevant documents required for the commencement of the Works.
(6) Further Drawings, Specifications and instructions
The Engineer shall deliver to the Contractor from time to time, during the progress of the Works, such modified or further Drawings and Specifications or instructions as shall, in the Engineers opinion, be necessary for the proper and adequate construction, completion and defects correction of the Works.
(7) Contractor to give notice timeously
The Contractor shall give adequate notice in writing to the Engineer of any additional Drawing or Specification which the Contractor may require for the execution of the Works and the Engineer shall deliver such Drawing or Specification to the Contractor.
(8) Documents to be provided within reasonable times
The Drawings, Specifications and instructions aforesaid shall be delivered within times which are reasonable having regard to all the circumstances, and taking account of the provisions of any programme submitted to the Engineer in terms of Clause 15 and approved by him.
(9) Contractor to give effect to Drawings, etc.
The Contractor shall give effect to and be bound by any Drawing, Specification or instruction given in terms of this Clause and, if the same shall require any variation of, addition to, or omission from the Works, the same shall be deemed to have been issued in terms of Clause 39.
(10) Engineers failure to comply timeously
If by reason of a failure by the Engineer, after his receipt of written notice from the Contractor in terms of Sub-Clause (7), to comply timeously with the provisions of Sub-Clause (8), the Contractor shall suffer any delay or incur any Cost, he shall be entitled to make a claim in accordance with Clause 51, for which purpose the time limit of 28 days in Clause 51(1)(a) may be extended by the Engineer at his discretion.
(11) Engineer to approve Contractors designs and drawings
If the Contract expressly provides for the preparation by the Contractor of designs
and details of any work to be supplied, he shall submit for approval by the Engineer, in triplicate,
a drawing giving full details, dimensions and particulars together with all relevant information and
erecting or operating instructions (if any) and shall obtain the Engineers written approval, which
shall be given within a reasonable time, before commencing the work.
When any such Drawing has been approved by the Engineer, it shall not be departed
from in any way except with the written consent of the Engineer.
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