LAW OF BUILDING CONTRACT (Sumarized)

CLAUSE 1-16

A.   SUMMARIZED PERFECTLY CLAUSE 1-16

THE CONDITION OF CONTRACT

1.      CONTRACTORS OBLIGATION

The contractor is subjected to carrying out and complete works in contract drawing and described by contract bills, in case of any discrepancies or divergence, architect should issue instruction in regard to such.

The contractor shall prepare progress chart in accordance with accepted completion period

2.      ARCHITECT INSTRUCTION

The contractor shall comply with all instruction issued to him by the architect, if within 5 working days he does not comply, the employer  may employ another and pay to execute any work to give effect to such instruction, all cost will be deducted from the contractor  for the sake of such employment.

Every instruction must be issued in which provision is made in bill of quantity or contract sum the contractor can request from the architect to specify in writing a provision of these condition which empowers the instruction and settlement of arbitration.

All instruction must be issued in writing not orally work which must be giving to the architect within 5 working days and if not, the contractor confirmation shall take effect as from the expiration of the latter said 5 working days.

If  confirmed in writing, its shall take effect immediately, every statement  purported to be an instruction contained in the minute of  site meeting, shall be deemed to be an oral which will be subjected to confirmation by the architect.

3.      CONTRACT DOCUMENT

The contract drawings and the contract bill shall remain in custody of the employer.

Certified true copies of the contract bills shall be given to the contractor, the architect and the quantity surveyor without change.

The architect without charge shall furnish the contractor with two copies of the specification, descriptive schedules or other like document necessary, provided that nothing contained in such document imposed obligation other than that stated in the contract sum. Article of agreement and the conditions of contract.

None of the documents herein before mentioned shall be used by the contractor for any other purposes.

4.      STATUTORY OBLIGATION, NOTICES FEES AND CHARGES

The contractor shall comply with and give all notices required by any legislation, but before any legislation, but before any action notify the architect in writing giving reason for that, variations.

If the architect doesnot comply within 5 days, he shall take such payment has variation in bill of quantity necessitated by conforming to such legislation.

The contractor shall pay and indemnify the employer in respect to any liability due to such variation.

5.      LEVELS AND SETTING OUT OF WORKS

Setting out shall be done according to drawings and specification any error shall be at the cost contractor

6.      QUALITY OF MATERIAL, GOOD AND WORKMANSHIP

To conform to description, testing and inspection, all material, goods, workmanship shall be in respect to kinds and standard in the contract bills.

The contractor shall be required to provide vouchers, the architect may issue instruction to inspect, test all works, material the cost of opening or breaking of works will be added to contract sum, if its in compliance to the contract sum.

The architect may but not unreasonably or vexatious issue instruction in regard the removal of materials, persons for works not well done.

7.      ROYALTIES AND PATENT RIGHTS

All royalties or other sums payable in respect of supply and use in carrying out the works as described in contract bills shall indemnify the employer from and against all claims.

Provided that architect instruct concerning the treatment of royalties, the contractor may be liable to pay such patent right but shall be added to the contract sum has variation.

8.      PERSON IN CHARGE

Person in charge represent the contractor and works as the contractor, takes instruction from architect, if found not capable to represent the contractor he will be replaced

9.      ACCESS FOR ARCHITECT TO THE WORKS

the architect and his representatives shall all reasonable time have access to the works and workshops and other places of the contractors where work is being done

10.  CLERK OF WORKS

the employer is entitled to appoint a clerk of work who will act as sole inspector an behalf of the employer, if there is any instruction given by the clerk of works, its is subject to confirmation by the architect within 5 working days, if not confirmed the contractor shall put into writing to the architect,it shall be deemed to be an architect’s instruction.

11.  VARIATION, PROVISIONAL AND PRIME COST

Variation is the alteration, or modification of the design, quality and quality of the works

Provisional cost sums are sums that are provided for in the contract sum for unexpected modification

Valuation of works and provisional sums shall be based on the rates and prices for the works so set out in the bill of quantity, shall be the basis for determining the valuation.

Contractor has right to be present at measurement of variations with quantity surveyors, effect shall be given to the measurement t and valuation of variation , the interim certificate shall be effected by the adjustment of the contract sum.

Reimbursement for direct loss or expenses for works on variation and provisional sums shall be made

12.  CONTRACT BILLS

An error in description or in quality or omission of items from the contract bill shall not vitiate this contract but shall be rectified and treated as a variation

13.  CONTRACT SUM

Contract sum shall not be adjusted or altered in any way otherwise in accordance to provisions of these conditions which would have being agreed on.

14.  UNFIXED MATERIAL AND GOODS

Materials in which contractor has received payment such materials and goods shall become the property of the employer, contractor will be responsible for loss or damage.

15.  PRACTICAL COMPLETION AND DEFECT.

Certificate of practical completion shall be issued by the architect in his opinion that all defect and works are carried out and correction made to defect for all the purpose of this contract.

Contractor is to notify the architect within 14 working days if works is completed. Architect shall prepare a schedule of defect, which shall be delivered to the contractor not later than 14days after the expiration of the said liability period.

Certificate of practical completion of making good defect is issued to the contractor for making good defects.

16.  SECTIONAL COMPLETION

valuation of relevant part within 7days from the date which the employer has taken possession of the finished part then issuing of a certificate stating the estimate of the approximate total value of the relevant part.

Issuing of certificate for practical completion for relevant part.

Insurance  relevant part shall be reduced from the insured relevant part in which the employer will be at risk due to his possession of such relevant part.

Liquidated damages relevant part shall be paid for by the contractor or less the contract sum

Retention fund relevant part will be paid to the contractor within 14 days on which the employer shall have taken possession.