gc works 1 without quantities (1998)

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CC/WORKS/i WITHOUT

QUANTITIES (1998)GENERAL CONDITIONS

London: The StationeryOffice

Thisdocument



This documentmay be cited as - GC/Worksll WithoutQuantities 1998)

©Crown copyright 1998

Publishedfor he PropertyAdvisers o the Civil Estateunder icence from the

Controller of Her Majesty'sStationeryOffice.

Typographical copyright is held ointly byThe StationeryOffice and thePropertyAdvisers to theCivil Estate and applications for reproductionshould be made in writing to the CopyrightUnit,

Her Majesty'sStationery Office,St. Clements House,2-16Colegate, Norwich NR3 IBQ

Firstpublished 1998

ISBN 011 7021857



CONTENTSPage

INTRODUCTIONAND NOTICES 7

CONDITIONS 8

CONTRACT DOCUMENTATION,NFORMATIONAND STAFF

I Definitions, etc 9

IA Fair dealing and teamworking 12

2 Contract documents 13

3 (Not used) 13

4 Delegationsand representatives 13

5 Contractor'sagent 14

6 Contractor'semployees 14

GENERAL OBLIGATIONS

7 ConditionsaffectingWorks 15

8 Insurance 16

8A Professionalindemnity nsurancefor design 18

9 Settingout 1910 Design 19

11 Statutorynotices and CDM Regulations 20

12 Intellectual property rights 21

13 ProtectionofWorks 21

14 Nuisance and pollution 21

15 Returns 21

16 Foundations 2217 Covering work 22

18 Measurement 22

19 Lossor damage 22

20 (Not used) 23

21 Defects in Maintenance Periods 23

22 Occupier's rules and regulations 23

23 Discrimination23

24 Corruption 24

25 Records 24

III



SECURITY

26 Siteadmittance 25

27 Passes 25

28 Photographs 25

29 Official secrets andconfidentiality

25

MATERIALSANDWORKMANSHIP

30 Vesting 26

31 Quality 26

32 Excavations 27

COMMENCEMENT, PROGRAMME,DELAYSAND COMPLETION

33Programme

28

34 Commencement and completion 28

35 Progress meetings 28

36 Extensionsof time 29

37 Earlypossession 30

38 Accelerationand cost savings 31

38A Bonuses 32

39 Certifyingcompletion 32

INSTRUCTIONS AND PAYMENT

40 PM's Instructions 33

41 Valuation of nstructions -Principles 34

42 Valuation ofVariation Instructions 34

43 Valuation ofother Instructions 36

44 (Not used) 36

45 VAT 36

46 Prolongation and disruption 37

47 Finance charges 38

48 Advances on account 38

48A Retention paymentbond 40

48B Mobilisation payment 40

48C PaymentforThings off-Site 41

49 Final Account 43

50 Certifyingpayments 44

50A Withholdingpayment 44

51 Recovery ofsums 45



PARTICULAR POWERSAND REMEDIES

52 Suspension or non-payment 46

53 Non-compliance with Instructions 46

54 Emergencywork 46

55 Liquidated damages 47

56 Determinationby Employer 47

57 Consequencesofdeterminationby Employer 49

58 DeterminationbyContractor 50

58A DeterminationfollowingsuspensionofWorks 52

59 Adjudication 52

60 Arbitration and choice of aw 54

ASSIGNMENT,SUBLETTING, SUBCONTRACTING, SUPPLIERSANDOTHERWORKS

61 Assignment 57

62 Subletting 57

63 Nomination 58

63A Insolvencyof nominated subcontractors or suppliers 60

64 Provisional sums 60

65 Otherworks 60

PERFORMANCE BOND,PARENTCOMPANYGUARANTEE ANDCOLLATERAL WARRANTIES

66 Performance bond 61

67 Parent company guarantee 61

68 Collateralwarranties 61

SCHEDULEOFTIME LIMITS 62

ALPHABETICAL INDEX 65

ABSTRACT OF PARTICULARSANDADDENDUM 68

INVITATIONTOTENDERAND SCHEDULEOF DRAWINGS 76

TENDERANDTENDER PRICE FORM 79

CONTRACTAGREEMENT(ENGLAND,WALES & 82NORTHERN IRELAND)

CONTRACTAGREEMENT(SCOTLAND) 83

ACKNOWLEDGEMENTS 85



Page blankin original



INTRODUCTION AND NOTICES

THE GC/WORKSFAMILY OF CONTRACTS

GC/Works/1 (1998) is a new edition of the standard Government orms of contract for major UK

building and civilengineering works, eplacing the following hree standard formsofcontract -

• GC/Works/ (Edition3) LumpSum With Quantities, December1989, revised 1990.

• GC/Works/1 (Edition 3) LumpSum Without Quantities,August 1991.

• GC/Works/1 (Edition 3) Single Stage Design & BuildVersion,July 1993.

GC/Worksll (1998) is published in fourvolumes -

• With QuantitiesGeneral Conditions.

• WithoutQuantitiesGeneral Conditions.

•Single Stage Design & Build General Conditions.

• Model Forms&Commentary

PROCUREMENT METHODS

TheWith Quantitiesversion is foruse with Bills ofQuantities,where all ormostof he quantities are

firmand notsubjectto re-measurement,giving a lump sum contract subject to adjustment for varia-

tions ordered.

TheWithoutQuantitiesversion is for use when lump sum tendersare to be invited on the basis of

Specificationand Drawings only,without Bills ofQuantities, butsupported bya Scheduleof Ratespre-

pared bythe Contractor in order to value variations ordered.

The Single Stage Design & Build version is also a lumpform ofcontract,which is intended to supporta single stagetenderingprocedure, without a separate design stage.The formofcontract is sufficient-

ly lexible to allow for varying amounts ofdesign inputfrom the Contractor.TheEmployer provides

Employer's Requirements, to which the Contractor responds with Contractor's Proposals,and theContractor develops the detailed designon the basisoutlined in those documents.

SUPPORTING DOCUMENTATION

Each of he three volumes ofGeneral Conditionsalso contains the following orms-

• Abstractof Particulars and Addendum.

• Invitation oTender.

• Tender and Tender Price Form.

• ContractAgreement England,Wales& Northern Ireland).• ContractAgreement Scotland).

The Model Forms &Commentaryvolume contains forms which may be used with any of the threesets of General Conditions.

INTRODUCTION GC,WORKS/1WITHOUT QUANTITIES 19981 7



DISCLAIMER

All parties must relyexclusively upon theirown skill and judgement, or upon those of their advisers,

when making use of his document.Neither the Crown,norPinsent Curtis,norany othercontribu-

tor,assumesany liability o anyonefor any loss ordamagecausedby any errororomission, whether

such error or omission is the resultofnegligenceorany othercause.Any and all such liability s dis-

claimed.

SUPPLEMENTARYCONDITIONS

Conditions, such asa variationofpricecondition,maybeaddedtosupplement theprintedConditions

ofContractaccording to circumstances.Theyare incorporated nto theConditionsofContract by ist-

ing in theAbstractofParticulars.

If he parties incorporateSupplementaryConditions into theConditionsof Contractby listing in the

AbstractofParticulars,such SupplementaryConditionswill,as provided by theAbstract,prevail over

theprintedConditions.

8 CC/WORKS/i WITHOUT QUANTITIES 19981 INTRODUCTION



GENERAL CONDITIONS OF.

CONTRACT GC/WORKS/1

(1998)CONTRACTDOCUMENTATION, INFORMATION AND STAFF

1

Definitions, etc.

(1) In theContract,unlessthecontext otherwiserequires -

'the Abstractof Particulars' means the documentso headed included in theContract;

'theAccepted Risks' means the risks of -

(a) pressure waves caused by thespeedofaircraft or otheraerial devices;

(b) ionising radiations or contamination by radioactivity rom anynuclear fuel or from nuclear

waste from the combustion of nuclear fuel;

(c) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear

assembly (including any nuclear component); and

(d) war, nvasion,act of foreign enemy,hostilities(whetherornot war has been declared), civil

war, rebellion, insurrection, ormilitaryorusurped power;

'CDM Regulations'meansthe Construction Designand Management) Regulations1994 or, if heWorks are in Northern Ireland, the Construction (Design and Management) Regulations(Northern Ireland) 1995;

'Company' meansand includes any bodycorporate;

'the Contract' meansthe-

(a) ContractAgreement if any);

(b) Conditionsof Contract (namely,these Conditions and any Supplementary ConditionsandAnnexes prescribed by theAbstractof Particulars);

(c) Abstract ofParticulars;

(d) Specification;

(e) Drawings;

(f) Scheduleof Rates;

(g) Programme;

CONTRACTDOCUMENTATION, INFORMATIONANDSTAFF GC,WORKS/1WITHOUT QUANTITIES 1998) 9



(h) tender;and

(i) Employer'swrittenacceptance;

'theContractAgreement'meansthe formalagreement (ifany) executed bytheEmployer and the

Contractor recording he terms of theContract;

'the Contract Sum' means the sum accepted by theEmployer when awarding theContract;

'the Contractor' means the person orpersons whose tender is accepted by the Employer and

his or their egal personal representativesorpermittedassignees;

'the DateorDates for Completion'means thedate ordatesascertained in accordance with the

Abstractof Particularsor,where extensions of ime have been awarded oracceleration agreed,

thedate asadjusted by such extensions oragreements;

'Days' means calendardays;

'the Drawings' meansthedrawings listed in the Scheduleof Drawings annexed to the ContractAgreement or, if there is no such Schedule, the drawings listed in the Schedule of Drawings

referredto in the tender;

'the Employer' meanstheEmployer in theContract as named in theAbstractof Particulars and

any permittedassignees;

'the Final Account'means thedocumentprepared bytheQS showing thecalculation of heFinal

Sum and agreedorotherwisesettled under Condition49 (FinalAccount);

'the Final Sum' means he amountpayableunder heContractby the Employer to theContractor

for he full and entire execution and completionof theWorks;

'Group' meansand includesa company and everyholding companyof hat company for he ime

being, and every subsidiary for the time being of every such holding company,and the terms

Employer's Group and Contractor's Group shall be interpreted accordingly; but, while the

Employer is a Ministerof the Crown, a governmentdepartmentor other Crown agency or

authority,the term Employer's Group shall also include all other Ministers of the Crown,

governmentdepartments and Crown agencies and authorities;

'the Health and Safety Plan' means,where it is stated in the Abstractof Particulars that all the

CDM Regulationsapply, the plan provided o the Principal Contractor and developed by him tocomplywith Regulation15 of theCDM Regulationsand,for the purpose ofRegulation 10 ofthe

CDM Regulations, eceived by the Employer before anyconstruction work underthe Contract

has started;and any further development of that plan by the Principal Contractor during the

progress of theWorks;

'Holdingcompany' shall have the meaning given in Section 736 of the Companies Act 1985, as

substituted bySection 144 of theCompanies Act 1989;

'Instruction' means any instruction given in accordance with Condition 40 (PM's Instructions),

and, exceptwhere expressly stated to thecontrary, ncludesanyVariation Instruction;

'the Maintenance Period' means the period,orany of the periods,specified in theAbstractof

Particulars for the rectification of defects in accordance with Condition 21 (Defects in

Maintenance Periods);

10 GC,WORKS/1WITHOUT QUANTITIUS 1998 CONTRACT DOCUMENTATION, INFORMATION ANDSTAFF



'Milestone' means thecompletionofeach of he phases of theWorks described in theMilestone

PaymentChart(ifany);

'Milestone PaymentChart' meansthe chartor table (ifany) included with the invitation to ten-der or agreed bytheEmployer whichspecifiestheamounts of he advancepaymentsto be madeto theContractor during he performance of theWorks upon achievementof theMilestones;

'Planning Supervisor' meansthePM,orany otherperson named in theAbstract ofParticulars as

PlanningSupervisor,orsuch otherpersonasmay be appointed in that capacityfor he time beingbythe Employer pursuant to Regulation 6(5) of he CDM Regulations;

'Principal Contractor' means heContractor,or suchothercontractor ororganisation as maybe

appointed asthePrincipal Contractor for the time being bythe Employer pursuant to Regulation6(5)of theCDM Regulations;

'the PM' means theProjectManagerwho s the person employed in that capacity named in theAbstract of Particulars and appointed by theEmployer to act on his behalf incarryingout those

dutiesdescribed in theContract (subject to theexclusionssetout in the AbstractofParticulars),or such other person as maybe appointed in thatcapacityfor the time being by the Employer;

'the Programme' meansthe programme submitted priorto acceptanceof the ender and agreed

at that timeby theEmployer,as it maybe amended fromtime to time;

'the QS' meanstheQuantitySurveyor appointed for the time being bythe Employer;

'RetentionPayment'shall have the meaninggiven in Condition 48A (Retention payment bond);

'the Scheduleof Rates' means theschedule included in the Contract specifying the rates to be

used for the purpose ofvaluingVariation Instructions;

'Section' means any part of theWorks specified as a Section in the Abstractof Particulars andwhich has a specified Datefor Completion;

'the Site' meansthe land or place described in the Contract, ogether with such other and orplaces as may be allotted or agreed by the parties from time to time, for the purpose of

carryingout theContract;

'the Specification' means the Specification annexed to the Contract Agreementor otherwise

included in theContract;

'the Stage PaymentChart' meansthechart, tableorgraph (ifany) included with the invitation totender oragreed by theEmployer whichspecifiestheperiods and the percentageamountof headvancepaymentsto be made to the Contractor duringtheperformance of theWorks;

'Subsidiary' shall have themeaninggiven in Section 736 of he CompaniesAct 1985,as substituted

bySection 144 of theCompaniesAct1989;

'Things' comprise 'Things for incorporation',which meansgoods and materials intended to form

partof he completed Works,and'Things not for incorporation'which means goods and materials

providedorused to facilitate execution of theWorks but not for incorporation n them;

'Unforeseeable Ground Conditions'meansgroundconditions certifiedby the PM in accordance

withCondition7 (ConditionsaffectingWorks);

'Variation Instruction' ('VI') meansanyInstruction which makesanyalterationoraddition to,or

CONTRACTDOCUMENTATION, INFORMATIONANDSTAFF CC/WORKS/i WITHOUT QUANTITIES 1998) 11



omission from,theWorks orany change in the design, quality orquantity of theWorks;and

'the Works' means the works described or shown in the Specification,Scheduleof Rates and

Drawings, ncluding all modified or additional works to be executed under the Contract.

(2) The headings to hese Conditionsshallnotaffect their interpretation.Any eference to legislation

shall be deemed to include a reference to any amendmentor re-enactment thereoffor the ime

being in force. Words in the singular include the plural, and vice versa. Words in the masculine

include feminine and neuter.

(3) Unless otherwise provided by the Contract, certificates of the PM shall be issued to the

Contractor.Any noticesorotherdocuments required orauthorised to be served in pursuance

of heContract shallbe in writing.Theymaybe givento theContractor by delivery o his agent

or maybe posted to the registered officeor ast knownplaceofbusinessof theContractor.They

maybegiven to the Employer by deliveryto thePM ormaybe posted to the registered officeor

last known placeofbusiness of heEmployer.A postal noticeshall be deemedto have been served

on the date when n theordinarycourse of post itwould have been delivered.

(4) (a) Except in relation to Condition 36 (Extensions of time), any period of time in these

Conditionswithin whichtheEmployer, heContractor,PM orQS, isto ake actionordecide

anything maybe extended by agreement, notwithstanding that heperiodof imehasexpired.

(b) If the Works are in England,Walesor Scotland, hen for thepurposes of thisContract,and

for all other purposes, periods of time shall include Saturdays and Sundays, but shall be

reckoned as ollows -

(i) where an act is required to be done within a specified period after or from a

specifieddate, the period begins immediately after that date;

and

(ii) where heperiodwould nclude Christmas Day, GoodFridayoradaywhich under

the Bankingand FinancialDealingsAct1971 isabank holiday in England andWales,

oras the case may be, in Scotland, hat day shall be excluded.

(c) If heWorks are in Northern lreland,then or hepurposesof his Contract,and for all other

purposes, subject to Condition 50(4) (Certifying payments) periods of time shall include

Saturdays and Sundays,butshall be reckoned as follows -

(i) where a period of time is expressed to begin on, or to be reckoned from, a

particularday, that day shall notbe included in theperiod;

(ii) where the ime limited for hedoing ofanything expires or alls upon a Sundayor

apublic holiday, he time so limitedshallextendto,and the hingmay be done,on

the first followingdaythat is nota Sundayor a public holiday;and

(iii) theexpression public holiday shall include Christmas Day, Good Friday, any bank

holiday appointed byorunderany statutory provision, and any day appointed for

public thanksgivingormourning.

1A

Fair dealing and teamworking

(1) The Employerand theContractor shall deal fairly, in good faithand in mutual co- operation,with

12 GC,WORKS/1WITHOUT QUANTITIES 19981 CONTRACT DOCUMENTATION, INFORMATION ANDSTAFF



one another,and theContractorshall deal fairly, in good faithand in mutual co-operation,with all

his subcontractors and suppliers.

(2) Both parties accept that a co-operative and open relationship is needed for success, and thatteamwork will achieve this. The project team for this purpose shall include, but shall not be

limited to, the PM and his representatives; the QS; the Contractor's agent; and majorsubcontractors and

suppliers engaged on theWorks from time to time.

(3) As soonaspossible,the PM shallcall a project team meeting and agreea programme of regular

meetings with theContractor.Either hePM or heContractor mayalso call additional meetingsof he team,and if the otheragrees may invite anyotherpersonneeded foran effective meeting.ThePM and theContractorshalluse the meetings ointly todevelop proposals for educingcosts,

by solutions that will,so far as possible,be to the benefit of all affected by potentialor actual

problems.The meetingsshall also consider the ssues ofadvancewarning ofanythingwhich mightraise costs orharm final quality of he Works.

2

Contrad documents

(1) In case of discrepancybetween the Supplementary ConditionsandAnnexes prescribed by the

Abstract of Particulars and these Conditions, he formershall prevail. In case of discrepancybetween the Conditionsof Contract and other documents forming part of the Contract, heConditions of Contractshall prevail.

(2) The Specificationshall takeprecedenceover thespecificationcontent of theDrawings,unless hePM Instructs otherwise.

(3) The Contractor shall informthePM ofdiscrepanciesbetween theSpecificationand the Drawings,ordiscrepanciesbetween differentpartsof the Drawings or differentpartsof theSpecification,which the Contractor discoverswhen handlingthe documents in order to prepare orexecute

the Works.

(4) Figureddimensions on all drawings shall be followed in preference to thescale.

(5) The PM shallprovidefreeto theContractoras soon as reasonably practicablea copyofeach ofthe Drawings,the Specification,and anydrawings issued duringthe progress of theWorks, in a

form whichthe PM considers suitable for reproduction.TheContractor shall keep one copyofall such drawingsand of theSpecificationon theSite,and the PM orhis representative shallhave

access to themat all reasonable imes.

3

(Not used)

4

Delegationsand representatives

(1) All decisions to be made by or on behalf of the Employer under the Contract shall be

communicated to the Contractor by the PM.The PM shall be deemed to be authorised to act

generally for heEmployer,subjecttoanyexcluded matters setout in theAbstractofParticulars.In relation to hoseexcluded matters,hepersonorpersonsauthorised to act for he Employerare identified in theAbstract of Particulars, but decisions in respect of excluded matters shall

nevertheless be communicated to the Contractor by the PM.

CONTRACT DOCUMENTATION, INFORMATION ANDSTAFF GC/WORKS/1WITHOUT QUANTITIES 1998) 13



(2) The PM and QS may expressly delegate in writing to named representatives any of theirpowers

and duties.Where a Clerk ofWorks or Resident Engineer is appointed he shall exercise the

powers of he PM under Condition 31 (Quality) and such otherpowersas thePM may delegate

to him.

(3) The appointmentof representatives by the Employer, PM or QS shall not prevent them from

subsequently exercising directlyany of thepowersand duties conferred under the Contract.

(4) The Contractor shall as soon as possiblebe notifiedof all powersand dutiesdelegated,and of

the namesof representatives,and ofany subsequent changes.

5

Contractor'sagent

The Contractor shallemploy a competentagentto supervisethe execution of heWorks. Except

when required to attendat the officeof the PM,orwhen reasonably absent from the Site for

otherreasons,the agent shall be in attendance at the Site duringall working hours.When the

agent is notinattendance at theSite,the Contractor willso notify thePM,stating heperiod ofand reason for the absence, ogetherwith the nameof theagent'sauthorised deputy.

6

Contractor's employees

(1) The PMmayat any-time-require theContractor immediately to cease to employ n connection

with theContractany person, including theContractor'sagent,whosecontinued employments

in the opinion of the PM undesirable. The Contractor shall replace any such person with a

suitably qualified person.

(2) Other than for causesoutsidehis control,the Contractor shall notmake changesin personnelnamed in his tender in connection with theContract without the priorapproval of he PM.

14 GC,M/ORKS/1WITHOUT QUANTITIES 1998) CONTRACTDOCUMENTATION, INFORMATIONANDSTAFF



GENERALOBLIGATIONS

7

Conditions affedingWorks

(1) The Contractor shall in relation to theSite be deemed to have satisfied himselfas to -

(a) theexisting roads,railways and othermeansofcommunication with oraccessto it;

(b) its contoursand boundaries;

(c) the risk ofdamageby reason ofanywork to any property adjacentto theWorks and injuryto occupiers of hat property;

(d) the nature of thesoiland material (whethernatural orotherwise)to be excavated;

(e) the conditionsunder whichtheWorks will have to be carriedout, including precautions topreventnuisanceand pollution;

(f) thesupply ofand conditionsaffecting labournecessaryto carry out theWorks;

(g) the facilities for obtaining anyThings whetherornot for incorporation;and

(h) any other matters or informationaffecting or likely to affect the execution of, or pricetendered or, theWorks.

(2) (Not used)

(3) If, duringtheexecution of theWorks,the Contractor becomes aware ofgroundconditions

(excluding those caused byweather but including artificialobstructions)which he did notknowof, andwhich he couldnot reasonablyhave foreseen having regard to any information

which he had orought reasonablyto have ascertained,he shall,asa conditionprecedent oany rightor remedy n respect ofsuch conditions, bynotice immediately -

(i) inform the PM ofthose conditions; and

(ii) state he measureswhich he proposes to take to deal with them.

(4) If the PM agrees that theground conditionsspecified in a notice under paragraph(3) couldnotreasonablyhave been foreseen bytheContractorhaving regard toany nformationhe should have

had in accordancewith that paragraphand paragraph(1), he shall certify those conditionsto beUnforeseeableGroundConditions.ThePM shallnotify theContractor ofhis decision.

(5) If,aftergroundconditionsspecified in a notice underparagraph(3)have beenorshould have been

certifiedas Unforeseeable GroundConditions n accordancewith this Condition,and as a result

of such Unforeseeable Ground Conditions, the Contractor in executing the Works properlycarries outoromits anyworkwhich he would nototherwisehave carriedoutoromitted, hen,without

prejudiceto

anyInstruction

given bythe

PM,the value

ofthe work carried out

oromitted shall be ascertained inaccordancewith Condition 42 (Valuation ofVariationInstructions)and the ContractSum shall be increasedordecreasedaccordingly.

(6) Noclaim by he Contractor foradditional paymentwill be allowed because he has misunderstood

ormisinterpreted nything mentioned in paragraph (1 ).The Contractorshallnotbe releasedfrom

GENERALOBLIGATIONS GC,WORKS/1WITHOUT QUANTITIES11998) 15



anyrisksorobligations imposed on,orundertaken by,him under the Contract for his reason,or

because he did not or could not foresee any matter which mightaffect or have affected the

executionof theWorks.

8

Insurance

(1) A party required under this Condition to effectormaintain insurance is called in this Conditionthe insuring party but,while theEmployer is a Ministerof heCrown, agovernmentdepartment

orotherCrown agencyorauthority, he Employershall be deemed not to be the insuring party.

(2) The Contractor shallby such existing ornew policies ashe seesfit effectand maintain from the

time he takes possessionoftheSiteorany part of he Site or rom the time he commences the

execution of theWorks (if earlier) to the expirationof the last Maintenance Period to expire,

employer's liability nsurance in respect of persons in his employment, appropriate to the nature

of theWorks.Such insurance shallcomplywith the Employer'sLiability (Compulsory nsurance)

Act1969 (or, if heWorks are in Northern Ireland,theEmployer'sLiability Defective Equipment

and Compulsory Insurance) (Northern Ireland) Order 1972) and any subordinate legislationmadethereunder, and shallbefor heminimum amountof£10,000,000 (orsuch otherminimum

amount as may be stated in theAbstract of Particulars) for any one occurrence or series of

occurrences arising Out ofone event.

AlternativeA

(3) The Contractor shall bysuch existing ornew policies as he seesfit effectand maintain for the

same period -

(a) construction all risks' insurance in the joint names of the Employer and the Contractor

against loss or damageto theWorks and Things for which the Contractor is responsible

under the terms of the Contract for the full reinstatement value thereof (including transit

and off-Siterisks) plus 15% (or such otherpercentageas may be stated in theAbstract of

Particulars) for professionalfees;and

(b) public liability nsuranceagainst legal liabilityfor personal injury to any persons and loss or

damageto property arising from or n connection with theWorks,which is notcovered by

employer's liability insuranceunderparagraph (2) orby insuranceagainst oss ordamage o

theWorks andThings undersubparagraph(a),fortheminimum amountstated in theAbstract

of Particulars, such public liability insurance to include a provision for indemnity to the

Employer in respect of theContractor's iabilityunder Condition 19 (Loss or damage);

provided hat the insurancewhichthe Contractor is requiredto effectand maintain under this

paragraphneed notcover oss ordamagecaused byany Accepted Risk

AlternativeB

(3) The Contractor shall effectand maintain insurance in accordancewith theSummary of Essential

InsuranceRequirementsattached to theAbstract of Particulars.

AlternativeC

(3) (a) While the Employer is a Ministerof theCrown,agovernmentdepartmentorotherCrown

agencyorauthority,he Employer shall notbe requiredto effector maintain any insurance,

butshall assume the risks of loss or damagewhich should have been insured if paragraph

(3)(b)applied,and, n the event of oss or damage arising,shall be responsibleas if paragraph

16 GC,WORKS/1WITHOUT QUANTITIES 19981 GENERALOBLIGATIONS



3(b) applied and the Employer had failed to effect and maintain insurance as described

therein,but the Employer shall not be responsible for any amounts in excess of amountswhich should have been insured,or any liability authorised to be retained,or risks which

would nothave been insured orwould have been excluded by theapplication of the terms,

exceptions orconditionsofany such insurance.

(b) While the Employer is not a Ministerof the Crown, a governmentdepartmentor otherCrown agencyorauthority, he Employer shalleffectand maintain insurance in accordancewith the Summary of Essential Insurance Requirements attached to the Abstract ofParticulars,butshallnotbe responsibleforanyamountsn excessofamounts insured,oranyretained liability,or risks not nsured orexcluded by the applicationof he terms,exceptionsorconditionsofany such insurance.

(4) The otherparty shall have the right to receive,on request,a copyof insurancesrequiredto beeffected ormaintained by the insuring party under this Condition.Theinsuring party shallwithin21 Daysof theacceptance of he tender, and also within 21 Days ofany subsequent renewal orexpiry date of relevant insurances,send to the otherparty a certificate n the formattached to

theAbstractof Particulars from his insurerorbroker attesting that insurance has been effectedin accordance with theContract.

(5) All insurances requiredto be effected or maintained by the insuring party under this Conditionshall be with reputable insurers, to whom the otherparty has no reasonableobjection, lawfullycarryingon such insurancebusiness in theUnitedKingdom,and upon customaryand usual terms

prevailing for the time being in the insurance market. The said terms and conditions shall notinclude any termorcondition to the effect that any insured mustdischargeany liability before

beingentitledto recover rom the insurers,orany other erm or conditionwhichmightadverse-

ly affectthe rights of any person to recover from the insurerspursuant to theThird Parties

(Rights Against Insurers) Act 1930 or theThird Parties (Rights Against Insurers) Act (NorthernIreland) 1930.

(6) All insurances requiredto be effected or maintained underparagraph (3) (Alternatives B or C)(ifapplicable)

-

(a) shall be in the joint names of the Employer, such other persons as the Employer may

reasonablyrequire(including,without limitation,heEmployer'sconsultants,anypersonswhohave entered orshallenter into an agreementfor he provisionof inance in connectionwiththeWorks, and any persons whohaveacquired or shallacquire any interest nor over theWorks or

any part thereof),heContractor and all subcontractors; and

(b) shall extend to cover loss or damagewhichthe Contractor is responsible for making goodunder Condition21 (Defects in Maintenance Periods)orwhichoccurswhiletheContractoris makinggood defects in the Works under that Condition.

(7) If,without he approval oftheotherparty, the insuring party ails to effect and maintain insurancehe is required to effect and maintainunder this Conditionas described,or obtainsa differentpol-icy of insurance,or ails to provide a copy of insurancesor certificates in accordance with this

Condition, he otherparty may,but s not required to,effectand maintain appropriate insurancecover and deduct the cost of doing so from anypayment due to the insuring party under the

Contract,or recoversuch sum from the insuring party as a debt.

(8) If-

(a) theWorks involve the refurbishment,alterationorextension ofexisting structures; and/or

GENERALOBLIGATIONS GC/WORKS/1WITHOUT QUANTITIES 1998) 17



(b) a completed partwithin the meaning of Condition 37 (Early possession) is certifiedby the

PM ashavingbeen completed n accordance with theContract;

the Employer shall bear the risks of fire, lightning, explosion, storm, tempest, flood, burstingor

overflowingof water tanks, apparatus or pipes, earthquake, aircraft or other aerial devices or

articlesdropped therefrom,riot and civil commotion(including terrorism) in respect of loss or

damageto the

existingstructuresand contents for which the Employer is responsible, and in

respect of oss ordamageto the completedpart from thedate of ts certification,exceptwhere

Condition 19 (Lossordamage) appliesto the relevant loss or damageand to theextent that the

Contractor is notentitledto reimbursement under Condition19(5).

(9) Fortheavoidanceofdoubt, t s agreed hatnothing in this Conditionshall relieve theContractor

from any ofhis obligations and liabilities undertheContract.

8A

Professional ndemnity insurancefor design(only applicable f stated in Abstract of

Particulars)

(1) The Contractor shall maintain professional indemnity insurance covering (inter cilia) all liability

hereunder in respect of defects or insufficiency in design, upon customaryand usual terms and

conditionsprevailing for the time being in the insurance market,and with reputable insurers

lawfully carryingon such insurance business in the United Kingdom (in an amountnot less than

that required by theAbstractof Particulars) for any one occurrence or series of occurrences

arisingoutofany one event, or a periodbeginningnowand ending12 years (orsuchotherperiod

as is required by theAbstractof Particulars) after certification under Condition 39 (Certifying

completion)of the completion of theWorks or the last Section thereof in respect of which

completion is certified, or the determination of the Contract for any reason whatsoever,

including (without imitation)breach by the Employer,whichever s the earlier, providedalwaysthat such insurance is available at commercially reasonablerates.The said terms and conditions

shall not include any termor condition to the effect that the Contractor must discharge any

liabilitybeforebeingentitled to recover rom the nsurers,orany other ermorconditionwhich

mightadverselyaffect the rights ofany person o recover rom the insurerspursuant to theThird

Parties (Rights Against Insurers) Act 1930 or the Third Parties (Rights Against Insurers) Act

(Northern Ireland) 1930.The Contractor shall not,without the prior approval in writing of the

Employer, settleor compromise with the insurers any claim which the Contractor may have

againstthe insurers and which relates to a claim by the Employer against the Contractor,or by

anyactoromission loseorprejudice theContractor'sright to makeorproceedwith such aclaim

againstthe insurers.

(2) The Contractor shall immediately informtheEmployer ifsuch insurance ceases o be available at

rates that the Contractor considers to be commercially reasonable.Any increasedoradditional

premium required byinsurersby reason of the Contractor's own claims record or otheracts,

omissions, matters or things particular to the Contractor shall be deemed to be within

commercially reasonable rates.

(3) The Contractor shall fully co-operatewithany measuresreasonably required by the Employer,

including (without limitation)completing any proposals for nsurance and associated documents,

maintaining such insurance at rates above commercially reasonable rates if the Employer

undertakes inwriting o reimburse theContractor in respect of the net cost of such insuranceto theContractorabove commercially reasonable rates or, if theEmployer effects such insurance

at ratesat orabove commercially reasonablerates, reimbursing theEmployer in respect ofwhat

the net costof such insurance to the Employer would have been at commercially reasonable

rates.

18 GCiWORKS1 WITHOUT QUAN11TIES 1998 GENERALOBLIGATIONS



(4) As and when reasonably required to do so by the Employer, he Contractor shall produce for

inspection documentary evidence (including, if required by the Employer,the originals of therelevant insurance document) that his professional indemnity nsurance is being maintained.

(5) The above obligations in respect of professional indemnity insurance shall continue

notwithstanding determination of the Contract for any reason whatsoever, including (withoutlimitation)breach by theEmployer.

9

Settingout

(1) Subject to any express provision in the Contract to the contrary, he PM shall provide such

dimensional drawings, levels and other informationas he considers reasonably necessary toenable the Contractor to set out the Works. The Contractor shall set out the Works

accordingly,and shall provide all the instruments, profiles, templates and rods for that purpose.The Contractor shall be solely responsible for hecorrectness of thesettingout.

(2) The Contractor shallprovide, ix and be responsiblefor the maintenanceofall stakes, emplates,profiles, level marks, pointsand any other setting out apparatuswhich is required. He shall take

all necessaryprecautions to prevent their removal, alterationor disturbance and shall be liable

for the consequences of their removal, alteration or disturbance and for their efficient

reinstatement.

10

Design

(1) Where theContractor,either by himselforby means of any employee, agent, subcontractor or

supplier,is

required under heContractto undertake thedesignofany part of theWorks,he shallin accordance with the Contractoras Instructedby the PM submitto thePM for approval two

copies (or such other number as is stated in theAbstractof Particulars) of a suitable drawing,design documentor other suitable design information relating to that work, in the form and

medium stated in theSpecification,or nstructed bythePM.The Contractor shallnotcommence

anyworktowhichsuchdrawing, designdocumentordesign nformation elates unless the designhas been approved in writing by the PM, and theContractor shall notalter that designwithoutthe furtherwritten approval of the PM.The approval of the PM shallnot relieve theContractorof any liabilitywhich he would otherwise have in respect of the design in accordance with

paragraph (2).

Alternative A

(2) The Contractor's iabilityto theEmployer in respect of any defector nsufficiency in any designundertaken by the Contractor himselfor by means of any employee, agent, subcontractoror

supplier shallbethesameas wouldhaveapplied to an architectorotherappropriateprofessional

designerwho had held himselfout ascompetent o take on work for such designand who had

acted independently under a separatecontract with the Employer andsupplied such a design or,or in connection with, works to be carriedout and completed by a contractor not being the

supplier of thedesign.

AlternativeB

(2) The Contractor warrantsto theEmployer that anyWorks designed by the Contractor,orbyany

employee, agent,subcontractoror supplier of his,will be fit for their purposes,as made known

to theContractor bythe Contract.

GENERALOBLIGATIONS GC,WORKS/l WITHOUT QUANTITIES 1998) 19



(3) The Contractor's liabilityunder this Condition shall not be affected by any warranty that the

Employer may obtain fromany subcontractor.

(4) The copyright in all documents provided by theContractor orany subcontractorn connection

with theWorks shall remain vested in thecopyrightowner (oras maybe otherwiseprovided by

the relevantsubcontract), but the Employer and its appointee shall have, and the Contractor

warrantsand shall procure that the Employerand its appointee shall have,a licence to copyand

use such documents,and to reproduce he designscontained in them, forany purpose related tothe Works including, without limitation, the construction,completion, maintenance, letting,

promotion, advertisement, reinstatement, repair and extension of the Works. The Contractor

shall,at any time and on one or more occasions,if the Employerso requestsand undertakes in

writing to pay the Contractor's reasonable copying charges,promptlysupply the Employer with

conveniently reproducible copies of all such documents.

11

Statutory notices and CDM Regulations

(1) (a) The Contractor shall give all notices required byanyActofParliament or byany egulationsor bye-lawsmade under anyAct which may be required in connection with theWorks. He

shall pay any fees or charges required to be paid under anyAct, regulations or bye-laws in

respect of theWorks and supply all drawings and plans required in connection with any

notice.

(b) In this Condition the expression 'ActofParliament' shall include anActof theParliament of

Northern Ireland,a measure of the Northern Ireland Assembly and an Order in Council

made underSection1(3)of heNorthern Ireland (Temporary Provisions)Act 1972 orunder

paragraph 1(1) of Schedule I to the Northern Ireland Act 1974; and the expressions

'regulation' and 'bye-laws' shallinclude subordinate

legislationmade

underan

Act ofParliament.

(2) The Contractor shall obtain the consent,permission or licenceofany statutory undertakers, or

any adjoining ownerswhose servicesor land may be affected by.or whose consent is necessary

in connection with, theWorks.The Contractor shall pay any licence fee or charge required in

connectionwith any consent or icence.

(3) The Employershall reimburse theamountof any feeor charge paid by theContractorwhich he

had properlyincurred n accordance with paragraphs(1) or (2).

(4) Where the Contractor is and remains the Principal Contractor,he will meetall thedutiesof a

Principal Contractor as set out in the CDM Regulationsand he shall liaise with the Planning

Supervisor and ensure that any employee, agent,subcontractororsupplierofhis complies with

the CDMRegulationsand co-operates with thePlanning Supervisor soas to enable thePlanning

Supervisor to carryout his duties undertheCDM Regulations.

(5) Before commencingtheWorks,the Contractor shallsubmit o thePM the Health and SafetyPlan

containing the information required by Regulation 15 of the CDM Regulations and the

Contractor shall not commence the Works until the PM has confirmed in writing to the

Contractor that the Plan is of an appropriate standard. Such confirmationshall not relieve the

Contractor of his

liabilityunder the Contract or the CDM

Regulations.

The Contractor shall

notify the PM and the Planning Supervisor of all amendments to thePlan.

(6) Where the Employer, necessarily in order to comply with the CDM Regulations, appoints a

successor to the Contractor as Principal Contractor,the Contractor will meet all reasonable

20 GC,WORKS/1 WITHOUT QUANTITIES 1998 GENERALOBLIGATIONS



costs to the Employer of any successor Principal Contractor.NotwithstandingCondition 36

(Extensions of time), no extension of time will be given by reason of the removal of theContractor as Principal Contractor,and/or of the appointment of any successor PrincipalContractor.

(7) Provided a reasonable period of written notice is given to the Contractor by the Planning

Supervisor, heContractor willprovide,and willensure that any subcontractorprovides through

him, such informationas the Planning Supervisor needs for the preparation of a health and

safety file as required by Regulations14(d)(e) and (f) of theCDM Regulations.If he Contractoris not thePrincipal Contractor,such enquiries will be routed via thePrincipal Contractor.

12

Intellectual propertyrights

(1) The Contractor shall pay any royalty, licence feeorotherexpensefor thesupply or use of any

patent, process, drawing, model, plan, invention or information used or necessary for, or in

connection with, theWorks.

(2) Where the use or supply of any patent,etc., n accordance with paragraph(1)gives rise to anyclaim or proceedings against the Employer, he Contractor shall reimburse the Employer anycosts and expenses reasonably ncurred bytheEmployer in respect ofsuch claim or proceedings.

(3) The Employer shall reimburse the Contractor the amount of any royalty, etc., incurred in

accordancewith paragraph(1) which -

(a) was necessarily ncurred in order o complywithaVl; and

(b) was not reasonably contemplated undertheContract.

13

Protection of Works

(1) The Contractor shall during the execution of the Works take all reasonable measures and

precautions needed to take care of the Site and theWorks,and shall have custodyofallThingson theSite against oss ordamage rom fire and any othercause.The Contractor shallbe solely

responsible for and shall take all reasonable and proper steps for protecting, securing, lightingand watching all places on or about theWorks and the Site which may be dangerous to his

workpeopleor o any otherperson.

(2) The Contractor shall complywith any statutory regulations (whether or not binding on the

Crown) which govern the storage and use of all Things which are brought on to the Site in

connection with theWorks.

14

Nuisance and pollution

The Contractor shall takeall reasonableprecautions to preventany nuisanceor nconvenienceto the

owners,enants oroccupiers ofanyotherproperty andto the general public,and shall secure theeffi-

cientprotection

ofall streams andwaterways againstpollution.

15

Returns

The Contractor'sagent shall provide the PM with a return, in the form the PM shall direct,of the

GENERALOBLIGATIONS GQWORKS/l WITHOUT QUANTITIES 19981 21



number and descriptionofworkpeopleand the plantemployed each Day on the Works.

16

Foundations

The Contractor shall not layany oundations until theexcavationsfor hem have been examined and

approved bythe PM.Nosuch examination or

approvalshall relieve theContractor ofany liability.

17

Covering work

The Contractor shallgive reasonablenoticeto thePM whenever any workorThing for incorporationis intended to be covered with earth or otherwise. n default of such notice, he Contractor shall, if

required by the PM,uncover the work orThing at his own expense.

18

Measurement

(1) The Contractor'srepresentative shall,when requiredon reasonable noticeby theQS, attend at

theWorks to ake ointlywith the QS measurementsof he workexecuted.These measurements

and any differences in relation to them shall be recorded in themanner required by theQS.

(2) The Contractor shallwithout extra charge provide theappliancesandother hings necessaryfor

measuringthework.

(3) If the Contractor's representative fails to attend when required in accordance with this

Condition, he QS may proceed to takeany measurements.

19

Lossor damage

(1) This Conditionappliestoany oss or damagewhicharisesoutof,or is in anywayconnected with,

the execution orpurported execution of theContract.

(2) The Contractor shall without delay and at his own cost reinstate, replace or make good to the

satisfaction of he Employer or, if he Employer agrees,compensate theEmployer for,any lossor

damage.

(3) Where a claim is made,orproceedings are broughtagainstthe Employer in respect of any lossor damage, the Contractor shall reimburse the Employer any costs or expenses which the

Employer may reasonably incur in dealingwith,or in settling, that claim or those proceedings.

(4) The Employer shall notify the Contactor assoon as possible ofanyclaim made,orproceedings

brought, against he Employer in respect of any loss or damage.

(5) The Employer shall reimburse the Contractor for any costs orexpenseswhichthe Contractor

incurs in accordancewithparagraphs (2) and (3) to theextent that the oss ordamage s caused

by -

(a) theneglectordefault of heEmployer or ofany othercontractororagent of the Employer;

(b) anyAccepted RiskorUnforeseeableGroundConditions; or

(c) anyothercircumstances which are outside the control of the Contractor or of any of his

22 GC/WORKS/1WITHOUT QUAHTITIES 19981 GENERALOBLIGATIONS



subcontractors or suppliers andwhich could nothave been reasonably contemplated under

the Contract;provided that this subparagraphshall not apply where the loss ordamage is

loss ordamage alling within subparagraph6(c).

(6) In this Condition lossordamage ncludes -

(a) loss ordamageto property;

(b) personal injury to,or hesicknessordeath of,any person;

(c) loss ordamageto the Works or to any Things on theSite;and

(d) loss of profits or lossof use suffered becauseofany loss or damage.

20

(Not used)

21

Defects in Maintenance Periods

(1) The Contractor shall without delay make good at his own cost any defects in theWorks,

resulting from what the Employer considers to be default by the Contractor or his agent orsubcontractors or suppliers,which appear during he relevant Maintenance Period.

(2) After completion of the remedial works by the Contractor, the Employer shall reimburse

the Contractor for any cost the Contractor has incurred to the extent that the Contractordemonstrates that any defectswere notcausedby -

(a) theContractor'sneglect or default,or the neglectordefault ofany agent or subcontractorof his;or

(b) by any circumstances within his or heircontrol.

(3) If he Contractor fails to complywith his Condition, he Employer maydo anything necessarytomakegood anydefectsnotifiedto the Contractor.AIl hecosts and expenses reasonably ncurred

by the Employer in doing so shallbe recoverable from the Contractor.

(4) In the case of any defects which have been made good under this Condition, the relevantMaintenancePeriod shall applyto the remedialworks in full from thedate of making good.

22

Occupier's rules and regulations (onlyapplicable if stated in Abstract of Particulars)

The Contractor shallcomplywith theoccupier's rulesand regulationswhich have been providedto him ormade availableto him for inspection, both in respect of the Site and in respect of any

larger premises of whichthe Site forms part.TheContractor shall complywith any changes tothose rules and regulations notified to him as an Instruction under Condition 40 (PM'S

Instructions) duringtheexecution of heWorks.

23Discrimination

(1) The Contractor shall notunlawfully discriminate within the meaningand scope of he provisionsof the Race Relations Act 1976, the Sex Discrimination Acts 1975 and 1986 or the Sex

GENERALOBLIGATIONS GC,WORKS/1WITHOUT QUANTITIES 1998) 23



Discrimination (Northern Ireland) Orders 1976 and 1988;and shall, f heWorks are in Northern

Ireland,conformwith the requirements of theFair Employment (Northern Ireland)Acts 1976 and

1989.

(2) The Contractor shall take all reasonable steps to ensure the observance of the provisions of

paragraph(1) byall his employees,agents and subcontractors.

24

Corruption

(1) The Contractor shall notby himself, or in conjunctionwithany otherperson-

(a) corruptly solicit,receiveoragree to receive,for himselfor for any otherperson;or

(b) offer or agree to give to any person in the Employer's service, or any consultant or

contractor whohas acontract with the Employer;

any giftor consideration ofanykind asan inducement or reward

fordoingornot

doing anything,or for showing favour or disfavour to any person, in relation to this Contract or any other

contractto whichtheEmployer is a party

(2) The Contractor shall notenter into his orany othercontractwith theEmployer in connection

with which commission has been paid or agreed to be paid by him or on his behalf or to his

knowledge unless,beforeany such contract is made, particulars of any such commission, and ofthe terms and conditionsof any agreement for the payment thereof, have been disclosed in

writingto the Employer.

(3) The Employer mayby notice determine theContract if-

(a) he is reasonably satisfied that theContractor or anyone employed by him oracting on his

behalf (whether with or without the knowledge of the Contractor) is in breach of this

Condition;or

(b) the Contractororanyone employed byhimoractingon his behalf is convicted ofany offence

underthe Prevention ofCorruptionActs 1889 to 1916 in relation to this Contract or any

othercontractto which the Employer is a party.

(4) If heEmployer sodetermines theContract, hen (withoutprejudice to any powersconferredbyCondition51

(Recovery

ofsums)

the Employer shall be entitledto recover rom the Contractor

theamountorvalue ofanysuchgift,consideration or commission.

(5) In this Condition,all references to theEmployer or theContractor shallbe deemed to include a

reference to eachmemberof their respective Groups.

25

Records

(1) The Contractor shall for thepurposes of the Contractkeep such recordsas may be reasonably

necessaryfor theQS, he PM or the Employer to ascertain or verify anyclaims made or to be

made by theContractor or any sums to be paid to the Contractor underor in connectionwiththeContract.

(2) In orderthat the PM and QS may discharge their respective functions underthe Contract, he

Contractor shallaffordthem access to the records mentioned nparagraph(1) and supplythem

with the nformation(including meansto interpret the records) theymay require.

24 GC,WORKS/1WITHOUT QUANTITIES 1998 GENERALOBLIGATIONS



SECURITY

26 __________

Site admittance

(1) The Contractor shall take the steps reasonably required by the PM to prevent unauthorisedpersons being admitted o the Site.If hePM givestheContractor notice that anyperson is notto be admittedto the Site, heContractor shall take all reasonablestepsto prevent hat person

beingadmitted.

(2) If and when Instructed by the PM, the Contractor shall give to the PM a list of names and

addressesof all persons who are or may be at any time concerned with the Works or any

part of them,specifyingthe capacities in which they are so concerned, and giving such other

particulars as thePM may reasonablyrequire.

(3) The Contractor shall bear the cost of any notice, Instructionordecision of the PM under this

Condition.

27

Passes (only applicable f stated in Abstrad of Particulars)

Where passes are required or admissionto theSite, hePM shall issuethem to theContractor.The Contractor shall submit to the Employer for his approval a list of the names of the

workpeopleand anyother informationthe Employer reasonably requires for this purpose.The

passes shall be returned at any time on the demand of the Employer and in any case on the

completionof theWorks.

28

Photographs(only applicable if stated in Abstrad ofParticulars)

The Contractor shallnot atany ime take any photograph of theSiteor theWorks orany partof hem, and shall take all reasonablesteps to ensure that no such photographs shall at any timebe taken or published orotherwisecirculated by any employee, agent orsubcontractorof his,

unlessthe Contractor has obtained hepriorwrittenconsentof thePM.

29

Official secrets and confidentiality

(1) The Contractor shall take all reasonablestepsto ensure that all persons employed byhimorhis

subcontractors in connection with the Contract are aware of theOfficialSecretsAct 1989 and,

whereappropriate, of heprovisions ofSection11 of heAtomic EnergyAct 1946,and that heseActs apply to hem during heexecution of he Works and after the completionof he Works orearlierdetermination of he Contract.

(2) Any informationconcerning the Contract obtainedeither by the Contractor orby any personemployed by him in connection with the Contract is confidential and shall not be used ordisclosed by theContractor orbyany such person exceptfor hepurposes of theContract.

SECURITY GC,WORKS/1WITHOUT QUANTITIESU 98) 25



MATERIALSAND WORKMANSHIP

30

Vesting

(1) The Works and anyThings on theSite in connection with theContract,theownership ofwhich

the Contractor is able to transfer, orwhich vest in him underany

contract,shall become the

property ofandvest in the Employer.

(2) Subject to Conditions 19 (Loss or damage) and 65 (Other works), the Employer shall not be

responsible or chargeable for anyThing lost, stolen, damaged,destroyed or removed from the

Site, or which is in anywayunfit orunsuitablefor its purpose.

(3) The Contractor shall be responsible for the protectionand preservation of theWorks and any

Things broughton the Site until the completion of theWorks or the determination of the

Contract.

(4) NoThings shall be removed from the Site beforecompletionof theWorks without the writtenconsent of the PM.The PM may Instructor permit the Contractor in writingat any time to

remove rom the Site any Things which are unusedorwhich have been rejected by the PM,and

the Contractor shallathis own expense orthwith remove them. Once so removed fromtheSite,

theThings shall re-vest n the Contractor.

(5) In this Condition,all referencesto theEmployer or theContractorshall be deemed to include a

reference to each member of their respective Groups.

31

Quality(1) The Contractor shall execute theWorks in accordance with the Contractand -

(a) with diligence;

(b) in accordancewith the Programme;

(c) with all reasonable skill and care;and

(d) in a workmanlikemanner.

(2) The Contractor warrants that allThings for incorporation,with the sole exception ofThings forincorporationchosen or selected by the Employer by means of a statementby oron behalf of

theEmployer in theContractor n aVI,shall be fit for heir ntended purposes,and shallconform

to the requirements of theSpecification, heScheduleof Rates and theDrawings.

(3) The Contractor shall notify the PM before incorporation of any Things that the Contractor

considers should notbe incorporated.

(4) The Contractor shall when requested by the PM demonstrate that he is performinghis duties

underparagraphs (1) and (2).ThePM shall have power at any time to inspect and examine any

part of theWorks

or nspect,examine and test

anyThingsfor

incorporationeither on theSite,

or at any factory or workshopor other place where any such Thing is being constructedor

manufactured,oratanyplacewhere it s lying,or romwhich it s beingobtained.The Contractor

shallgive the PM the assistance and facilities he may reasonablyrequirefor anysuch inspectionand examination.The PM may reject any Thing for incorporationwhich does not conform with

26 GCWORKS/1 WITHOUT QUANTITIES 1998 MATERIALSANDWORKMANSHIP



theSpecification,ScheduleofRatesorDrawings,orwhich,evenhoughconforming, is not ofgood

quality or is notfit for its purpose.

(5) The PM may arrange foran independentexpert to test whetheranyThing for incorporation s fitfor use in theWorks,of good quality, and conforms o the requirements of the Contract.Thereasonable costs incurredby the Employer in arrangingfor an expert o carryout anytest shall

be borne by the Contractor, f the test results disclosethat theThing tested does notconform

with the provisions of the Contract.The Contractor shall also bearthe reasonablecost ofanyfurther ests reasonably required to monitor quality, ollowingnegative test results.

(6) The Contractor shall,at his own cost,replace,rectifyor reconstruct

(a) theWorks,orany partofthem,which do not conformwith theContract;and

(b) anyThings for incorporationwhich do notconformwith the Contract,and whichhavebeen

rejected by the PM.

(7) If he Contract requires that the Contractor shall be accredited in accordancewithanyquality

control orassurance scheme or system, the Contractor warrants that he is so accredited, and

undertakes that he will continue to be so accredited until after the PM has issued a certificate

under Condition 39 (Certifyingcompletion)when the Contractor has complied withCondition21 (Defects in Maintenance Periods). If the Contractor ceases for any reason to be soaccredited during hat period,he shallbynotice immediately inform the PM,givingfull particularsof thecircumstances,and of his proposals to reinstate the relevantaccreditation, or to obtain an

alternativeaccreditation.

32

Excavations

(1) Except as otherwiseprovidedby the Contract,material and objectsof any kind obtained romwork on theSite (including,without limitation, romexcavations,demolitionordismantling) shall

remain orbecome the propertyof theEmployer.

(2) When the Employer's property is permittedto be used in substitution or any Things (whetheror not for incorporation),which the Contractor would otherwise have provided, the QS shall

ascertain the amountofanysaving in thecost of he execution of he Works.TheContract Sum

shall be reduced by theamountofany saving.

(3)

Allobjects

whichare,orappear

to be, ossils,antiquities,

orikely

to have interestorvalue,

ound

on theSite or n carryingout excavations in theexecution of heWorks,shall remain orbecome

the property of the Employer.Upon the discovery of any such object, the Contractor shall

forthwith -

(a) take all practicable measuresnot to disturb the object;

(b) cease work, if hecontinuance ofworkwould endanger,or disturb, theobject,orpreventor

impede its excavation or removal;

(c) take all necessary steps to preserve the object in the exactpositionand condition n whichitwas

found;and

(d) inform the PM of thediscovery and precise locationof theobject.

(4) Any Instructions issued by the PM in relation to any object mentioned in paragraph (3), may

require heContractor to permit the examination,excavationor removal of he object bya third

party

MATERIALSANDWORKMANSHIP GciWORKS/1 WITHOUT QUANTITIES 19981 27



COMMENCEMENT, PROGRAMME, DELAYS ANDCOMPLETION

33

Programme

(1) The Contractor warrants that the Programme shows the sequence in which the Contractor

proposes toexecute theWorks,detailsofanytemporarywork, methodofwork, labourand plant

proposed to be employed, and events, which, in his opinion, are critical to the satisfactory

completionoftheWorks;that the Programme is achievable,conformswith the requirements of

theContract,permitseffective monitoringof progress,andallowsreasonable periods of time for

theprovisionof nformation required from theEmployer;and that theProgramme is based on a

period for theexecution of theWorks to theDate orDates for Completion.

(2) Subject to Conditions 35 (Progress meetings), 37 (Early possession) and 38 (Acceleration and

costsavings), theContractor may at any time submitfor he PM s agreement proposals for theamendment of theProgramme.The agreement of he PM to any proposal for the amendment oftheProgramme shall not relieve theContractor ofany liability which he has under heContract.

In particular, without limitation, the submission by the Contractor of any proposal for the

amendment of the Programme showing a period for the execution of theWorks extending

beyond the Date or any of the Dates for Completion shall not constitute a notice from the

Contractor requesting an extension of ime for thecompletionof theWorks or of any Section;

and the agreement of he PM to any such amendment shall notconstitute,orbe evidence of, or

in supportof, any extension of ime for hecompletionof theWorksorofany Section.

34

Commencement and completion

(1) Within the period specified in the Abstract of Particulars, the Employer shall notify the

Contractor when he maytake possessionof the Site,or those parts of the Site defined in the

Contract.The date so notifiedshall be not more than 14 Daysafter theend of hat period.TheDate or Dates for Completion shall be calculated either from the date so notified, or from the

acceptance of the tender, whichever s provided by theAbstractof Particulars.The Contractor

shallaccordingly take possessionof he Site,orsuch parts of heSite defined in the Contract.The

Contractorshall,subject to Condition 11 (Statutorynoticesand CDM Regulations),proceed with

diligence and in accordance with theProgramme or as may be Instructed by thePM,so that the

whole of heWorks orany relevant Section shall be completedn accordance with theContractbythe Date or Dates for Completion.

(2) The Contractor shall,at all times, keep the Site tidy and free from debris, litter, and rubbish

and shall, not later than the completion of the Works, remove from the Site all Things for

incorporation n theWorks oranyrelevantSectionwhichare unused, ogetherwith allThings not

for incorporation.The Contractor shall, by the due date, clear and remove all rubbish and

deliverup theSiteand the Works in all respects to the satisfactionof the PM.The Contractor

shall complyat his own cost with any Instructions relating to the removalof any Things and

rubbish.

35

Progress meetings

(1) The Contractor's agent shall attend regular progress meetings to assess the progress of the

28 GCfvVORKS/1WITHOUT QUANTITIES 1998) COMMENCEMENT,PROGRAMME,DELAYSAND COMPLETION



Works orany relevant Section,and to acilitate theirdue and satisfactory completionby the DateorDates for Completion.

(2) An initial progress meeting shall be held, and thereafter progress meetings shall be held each

month,unless Instructedto the contrary.ThePM shall specify the time and place of progressmeetings.

(3) The Contractor shall submitto the PM,5 Days beforeeach progress meeting, a written reportwhichshall -

(a) describe the progress of the Works by reference to the Programme and relevant

Instructions;

(b) specify all outstanding requests by the Contractor fordrawings,nominations,levelsorother

information;

(c) explain any new circumstances,arising since any previous progress meeting, which in his

opinionhave delayed,or may delay, completionof the Works ora Section,or may increasethecost to the Employerof theWorks ora Section,estimating any increase in such cost;

(d) refer to any request for an extension oftime under Condition36 (Extensionsoftime) since

theprevious progress meeting;and

(e) set out any re-programming proposals to ensure that completionof the Works or anySection willbe achieved by the relevant Datefor Completion.

(4) The PM shall,within7 Daysaftereachprogress meeting, give the Contractorawrittenstatement

which specifies-

(a) by reference to the Programme the extent to which he considers theWorks are on time,delayedorearly;

(b) the matters which the PM considers have delayed,orare likely to delay, due completionofthe Works orSection,ormay increase the costto the Employerof theWorks oraSection,

estimating any increase in such cost;

(c) the steps whichthe PM has agreed with the Contractor to reduce oreliminate the effects

of any such delay, or to reduce to eliminate any estimated increase in the cost to the

Employerof theWorks ora Section;

(d) thesituation in respect ofapplicationsfor,and awards of,extensions oftime underCondition36 (Extensionsof ime);and

(e) his response to outstanding requests fordrawings,nominations, levels orother nformation.

36

Extensions of time

(1) Where thePM receives notice requestingan extension of imefromthe Contractor (whichshall

include he grounds for his request),orwherethePM considers that there has been or s likelyto be a delaywhichwillpreventor has prevented completionof heWorks orany Section by therelevantDateforCompletion (in this Condition called'delay'),he shall,assoonaspossibleand in

any event within 42 Days from thedate anysuch notice is received,notify the Contractor of his

decision regardingan extension of ime for completion of he Works or relevant Section.

COMMENCEMENT,PROGRAMME,DELAYSANDCOMPLETION CC/WORKS/i WITHOUT QUANTITIES 19981 29



(2) The PM shall award an extension of time under paragraph(1) only if he is satisfiedthat thedelay,

or ikely delay, is or will be due to -

(a) the execution ofany modified oradditional work;

(b) any act, neglect or default of the Employer,the PM or any other person for whom the

Employer is responsible (notarising becauseof any default orneglect by theContractor or

by any employee, agent orsubcontractorof his);

(c) any strike or industrial action which prevents or delays the execution of theWorks, and

which is outside thecontrol of the Contractororany ofhis subcontractors;

(d) anAccepted Risk orUnforeseeable GroundConditions;

(e) anyothercircumstances (notarising becauseofany default or neglect bythe Contractoror

byany employee, agent orsubcontractorof his,and other han weatherconditions), which

are outside thecontrol of he Contractororany ofhis subcontractors, and which could not

have beenreasonably contemplated

under heContract;

(f) failure of the Planning Supervisor to carry out his duties under the CDM Regulations

properly;or

(g) the exercise by the Contractor of his rights under Condition 52 (Suspensionfor non-

payment).

(3) The PM shall indicate whether his decision is interim or final. The PM shall keep all interim

decisions under review until he is satisfied from the informationavailable o him that he can give

a inal decision.

(4) No requests forextensions of time maybe submitted after completion of heWorks.ThePM shall

in any event cometo a inal decision on all outstanding and interim extensions of time within 42

Days after completion of he Works.The PM shall notbe entitled in a final decision to withdraw

or reduce any interim extension of time already awarded, except to take account of any

authorised omission from theWorks orany relevant Section that he has notalready allowed for

in an interim decision.

(5) The Contractor within 14 Days from receiptof a decision,submit a claim to the PM specifying

thegrounds which in his view entitle himto an extension or furtherextension of time.The PM

shall by noticegive his decision on a claim within 28 Days of its receipt.

(6) The Contractor must endeavour to preventdelays andto minimise unavoidabledelays,and to do

all that may be required to proceedwith theWorks.The Contractor shall not be entitled to an

extension of ime wherethedelay or likely delay is, or would be, attributable o the negligence,

default, improperconductor ack ofendeavour of theContractor.

37

Earlypossession

(1) The Employer shall be entitled,before the completionof theWorks, to take possessionof any

partof theWorks (inthis Condition referred

toas

a completed part)which is certified

bythe

PM ashavingbeen completed in accordance with theContract and is either -

(a) a Section;or

30 GCtvVORKS/1WITHOUT QUANTITIES 1998 COMMENCEMENT.PROGRAMME,DELAYSANDCOMPLETION



(b) any other part of the Works in respect of which the parties agree,or the PM has given an

Instruction, hat possession shall be given before the completionof the Works or the

relevant Section;

and the completed part,on and after the date on which the certificate s given,shall no longerform part of he Works for thepurposes of Conditions19 (Loss or damage)and 30 (Vesting).

(2) The provisions ofCondition21 (Defects in Maintenance Periods) shall have effect n relationtoa completedpartas if he Maintenance Period or Periods in respect of the completed part,or

any subcontractworks comprised in it,commenced on thedate of certificationunderparagraph

(1).

(3) As soon as possible aftercertification under paragraph (1),thePM shallcertify thevalue of he

completed part and his estimates for the purposes ofparagraphs(4)and (5).

(4) Condition 55 (Liquidated damages) shall have effectnotwithstanding that theEmployer has taken

possession of a completed part.Where the completedpart comprises part of theWorks as

mentioned in subparagraph (1)(b), the rate of liquidated damages specified in theAbstract ofParticulars in respect of he Works or he relevantSection shall be reduced by thesame ratio as

thevalue of hecompletedpartbears to what the value of theWorks orof the relevant Sectionwill be when completed n accordance with theContract,asestimated by the PM.

(5) The retention accumulated in accordance with Condition 48 (Advances on account) shall be

apportionedby the PM witheffect rom thedate of thecertificategiven under paragraph (1), so

that the share of the retentionapportioned n respect ofa completed partshall bearthesame

ratio to thewhole of he retentionas thevalue of he completed part bears to thevalue of heWorks whichat that date have been completed in accordance with theContract,as estimated by

thePM.

(6) The Employer shall pay to the Contractor -

(a) one halfof the share apportioned n accordance with paragraph (5) in respect of the com-

pleted part;and

(b) the remaining one half of that share, when the PM has certified after the appropriateMaintenance Period that in respect of hecompleted parttheContractor has complied withCondition21 (Defects n Maintenance Periods).

38Acceleration and cost savings

(1) If the Employer wishes to achievecompletionof the Works orany Section before the Date orDates for Completion,he shall direct the Contractor to submit to him within the periodspecified in thedirection -

(a) the Contractor'spriced proposals for achieving the accelerated completiondate, togetherwith any consequential amendments to theProgramme;or

(b) theContractor'sexplanation why he is unable to achieve the accelerated completion date.

(2) If heEmployer accepts the Contractor'sproposals he shallspecify -

(a) theaccelerated Datefor Completionof he Works orany relevant Section;

COMMENCEMENT,PROGRAMME,DELAYSANDCOMPLETION CC/WORKS/i WITHOUT QUANTITIES(1998) 31



(b) theamendmentsto the Programme, ncluding any relevantcritical pathsand anysupporting

documentation;

(c) theamountbywhichtheContract Sum shall be adjusted;

(d) a revised Milestone orStage PaymentChart or Charts, f necessary;and

(e) anyotherrelevantamendment to theContractwhichhas been agreedwith the Contractor.

(3) The Contractor may at any time submit o the Employer proposals for completing theWorks or

any Section before theDateorDates for Completion.TheEmployer undertakes to consider any

such proposals and if he accepts them to take action as stated in paragraph (2).

(4) The Contractor may, at any time during the carryingout of theWorks, submit to the PM a

written proposalwhich, n theContractor'sopinion, willenhancethebuildability of theWorks,or

reduce the cost of theWorks, or the cost of maintenance,or increase the efficiency of the

completedWorks.Anyproposal shall clearly state thatit s submitted forconsiderationunder his

Condition and shall include an estimate, for consideration by the Employer,of the amount to

whichthe Contractor may be entitled on the basis that he and theEmployer shall share equally

the relevant savings as determined in accordance with Conditions 41 to 43 (Valuation of

Instructions).

(5) The Contractor shall provide any further nformationrelating to his proposal which either the

PM or he Employer may require.

(6) The Contractor,havingsubmitted such aproposal to he PMforconsideration, shall continuewith

theexpeditiouscarryingoutof theWorks.

(7)If the Employer accepts any such proposal, or agrees with the Contractor any amended

proposal -

(a) the PM shall issue an Instructionto that effect;

(b) the Date or Dates for Completion,and theProgramme,shall be amended accordingly;and

(c) the PM shall issueanyagreed extension oftime which is necessary.

38A

Bonuses (onlyapplicable if stated in Abstract of Particulars)

If a rate of bonus for early completionof the Works or a Section has been specified in the

Abstract of Particulars,and theWorks or the relevantSection are or is completedbefore the

relevant Datefor Completion,heEmployer shall paytheContractor bonusat the ratespecified

in theAbstractof Particulars for each Day falling between the date certified by the PM under

Condition 39 (Certifyingcompletion)as the date ofcompletion of heWorks,orof the relevant

Section,and the relevant Datefor Completion.

39

Certifying completion

The PM shall certify the date whentheWorks, or any Section,orany completedpartwithin themeaningofCondition 37 (Early possession),are completedn accordancewith theContract.Such

completionshall include sufficient complianceby theContractorwithCondition11(7) (Statutory

noticesand CDM Regulations).After the end of the last Maintenance Period to expire,he shall

issuea certificatewhentheContractor has complied withCondition21 (Defects n Maintenance

Periods).

32 GOWORKS'l WITHOUT QUANTITIES 1998 COMMENCEMENT,PROGRAMME,DELAYS ANDCOMPLETION



INSTRUCTIONS AND PAYMENT

40

PM's Instructions

(1) The PM may from time to time issue furtherdrawings,details, instructions, directionsand expla-nations, all or anyof which shall be treated for the purposes of the Contract as Instructions,includingVariation lnstructions.TheContractorshall comply orthwith with any Instruction.

(2) Instructions may be given in relation toall orany of the followingmatters-

(a) the variation ormodificationofall orany of theSpecification,Drawings orScheduleofRates,or hedesign,qualityorquantityof heWorks;

(b) any discrepancy in or between theSpecification, Drawings and ScheduleofRates;

(c) the removal rom the Site of any Things for incorporationand their substitution with anyotherThings;

(d) the removal and/or re-execution of any workexecuted by theContractor;

(e) the order of execution of theWorks orany part of hem;

(f) the hours ofworking and theextent ofovertimeor nightworkto be adopted;

(g) the suspensionof theexecution of theWorksorany partof hem;

(h) the replacementofanyperson employed in connection with theContract;

(i) theopening up for nspection ofany work covered up;

(j) theamending and making good ofany defects under Condition21 (Defects in Maintenance

Periods);

(k) costsavings under Condition 38 (Accelerationand cost savings);

(I) theexecution of any emergencyworkas mentioned in Condition 54 (Emergencywork);

(m) the use ordisposalofmaterialobtained from excavations,demolitionordismantlingon theSite;

(n) the actions to be taken following discoveryof fossils, antiquities or objectsof interest orvalue;

(o) measuresto avoid nuisanceorpollution;

(p) quality control accreditation of theContractor asmentioned n Condition31 (Quality); and

(q) any othermatterwhich the PM considers necessaryorexpedient.

(3) All Instructions shall be in writingexcept those under subparagraphs(b), (d), (g) and (I) ofparagraph (2), which may be given orally. Oral Instructions shall be immediately effective inaccordancewith their erms,butshall be confirmed n writingby thePM within 7 Days.WrittenInstructions shall be given to the Contractor's agent. Oral Instructions may be given to such

INSTRUCTIONSANDPAYMENT GCIWORKS/l WITHOUT QUANTITIES 1998) 33



employeeoragent ofthe Contractor asthePM thinks fit,butshall be confirmed n writingto the

Contractor'sagent.The Contractor'sagent shall immediately acknowledge receiptofany written

Instruction,and of every writtenconfirmationof an oral Instruction.

(4) The Contractor shall notadd to,omit from,orotherwisealter theWorks except in accordance

with an Instruction.

(5) The PM may include n aVI a requirement or heContractor to submit to theQS not ater than

21 Days from the receiptof that Instructionawrittenquotationofthe umpsum total pricefor

complying with it.ThePM maymake anyVI conditional uponagreement ofsucha lumpsumprice,

pendingwhichagreement theContractor is notto begin complying with theVI.

41

Valuation of nstructions - Principles

(1) The value (if any) of anyVI shall be determined in accordance with Condition 42 (Valuation of

Variation Instructions) and the value (if any) of any other Instruction in accordance with

Condition 43 (Valuation ofother nstructions).

(2) The value ofany Instructionshall includeany disruptionto orprolongationof both varied and

unvariedwork.

(3) Thevalueofany Instructionshallbe added to,orasthecasemaybe deducted from,the Contract

Sum, except where the Instruction was necessary because of any default or neglect by the

Contractor orbyany employee, agent orsubcontractorofhis.

(4) The Contractor shall supply the QS withanyinformationrequired by the QS to enable him to

value aVI ordetermine theexpense (if any)

ofcomplying

with any other nstruction.

42

Valuation of Variation Instructions

(1) The value ofaVI shall be determined -

(a) by acceptance by the PM of a lump sum quotation prepared by the Contractor and

submitted to theQS in accordance with Condition 40(5) (PM'sInstructions)or such other

lumpsum as may be agreed by negotiation on such a quotation;or

(b) byvaluation by theQS in accordancewithparagraphs(5) to (11).

(2) Any lump sum quotationsubmitted by theContractor to theQS in accordancewithCondition

40(5) (PM's Instructions) shall indicate how the lump sum wascalculated byshowing separately

theamounts attributable o -

(a) complying with that Instruction;and

(b) any disruption to or prolongation of varied and unvaried work consequential upon

compliancewith theVI.

The Contractor shall include withhis quotationsuch other informationaswill enabletheQS toevaluatethatquotation.

(3) The PM shall notifythe Contractor,not ater than 21 Days from the receiptofany such lump sum

quotation,whetherornot it saccepted or, if t s notacceptable,whether he is prepared toagree

34 GCtvVORKS/1 WITHOUT QUANTITIES 1998) INSTRUCTIONSAND PAYMENT



any otherlumpsum. Ifaccepted,theaggregateamountspecified in that quotation,or otherwise

agreedbetween theEmployer and theContractor,shallbe the ull sum to which the Contractoris entitled for complying with thatVI.

(4) Should -

(a) the Contractor fail to provide a lump sum quotation in accordance with Condition 40(5)(PM's Instructions); or

(b) the Employer and the Contractor fail to agree by negotiation, and no agreement forindependent assessment s reached;

then thePM shall instruct the QS to valuetheVI.

(5) Where theQS is required to value aVI he shall do so -

(a) by measurement and valuation at the rates and prices in the Scheduleof Ratesfor similar

work; or

(b) if it is not possible to value as in subparagraph (a), then by measurement and valuation atrates and prices deduced orextrapolated from the rates and prices in such Schedule;or

(c) if it s notpossibleto value as in subparagraph(b), hen bymeasurement and valuation atfairrates and prices,having regard to current marketprices;or

(d) if it s notpossibleto value byany of thepreceding methodsofmeasurement and valuation,then by thevalue of the materials used and plantand labouremployed in accordance withthe basis ofcharge for dayworkdescribed in the Contract.

(6) If, in theopinionof theQS,theVI prolongs and/or disrupts work notwithin the direct scope oftheVI, hen theQS shalladjustthe rates for such workashe considers appropriate.

(7) The Contractor shall submit the information mentioned in Condition 41(4) (Valuation ofInstructions -

Principles) not later than 14 Daysafter its being requested by theQS.

(8) The QS shall,not ater than 28 Days from the receiptof the nformationmentioned in paragraph

(7), notify theContractorofhis valuation of heVI.

(9) If he Contractor disagreeswith the whole or partof theQS s valuation he shall,within 14 Days

of the QS s notification under paragraph (8), give his reasons for disagreement and his ownvaluation. In any other case he shall be treated as having accepted the notification under

paragraph(8),and no furtherclaim shallbe made byhim in respect of theVI.

(10) Any percentageor umpsum adjustments made in the pricing of the Scheduleof Rates shall bedeemed to be applicableto thepricingofall relevantVI s.

(11) Where an alteration n,or addition to, theWorks would otherwisefall to be valued usingratesand prices in theScheduleofRates in accordancewith subparagraphs 5)(a) or (b), but the QS is

of he opinion hat the relevantVI was ssuedat such a time or was of such content as to makeit unreasonable for the alterationor addition to be so valued, he shall ascertain the value

bymeasurement and valuation at fair rates and prices, having regard to current marketprices.

(12) Where theQS has determined thatworkshallbevalued in accordancewith subparagraph (5)(d),the Contractor shall give reasonablenotice to the QS before commencing thework, and shall

deliver to him,by theend of theweek following hat in which the work was done, vouchers in

INSTRUCTIONSANDPAYMENT GC,WORKS/1WITHOUT QUANTITIES 1998) 35



theform required by the QS, which specify separately the labour, materials and plantfor that

week.

(13) Where,asa resultofaVI, he Contractor makesa saving in thecost ofexecuting theWorks,the

ContractSum shall be decreased by theamountof thesaving as determined by theQS.

43

Valuation ofother Instructions

(1) Where as the resultofan Instruction,notbeingaVI, the Contractor -

(a) properly and directly incurs any expense beyond that provided for in, or reasonably

contemplated by,the Contract;or

(b) makesany saving in thecost ofexecuting theWorks;

the Contract Sum shall, subject to Condition 41(3) (Valuation of Instructions -Principles),be

increasedbytheamountof theexpense,ordecreased

bytheamountof the

saving,in either case

as determined by the QS.

(2) The Contractor shall submit the information mentioned in Condition 41(4) (Valuation of

Instructions- Principles) within 28 Days of complying with the relevant Instruction.Within 28

Days of receiving such information, he QS shall notify the Contractor of the amount he has

determined.

(3) If he Contractor disagreeswith theamount notified underparagraph (2),heshallwithin 14 Days

of receipt notify the QS of his reasonsfor disagreement and of his own estimate of he correct

amount If he Contractor does notso notify,he shall be regardedashavingaccepted theamount

determined by theQS,and may make no furtherclaim in respect of the Instruction.

(4) In this Condition expense shall mean money expended by theContractor,butshall not include

any sum expended, or loss incurred, by him by way of interest or finance charges however

described.

44

(Not used)

45

VAT

(1) All sums payable by or to the Employer or the Contractor are exclusive ofValue Added Tax

('VAT').Where AT is chargeableon such sums, thepayershallpay,upon productionofavalid VAT

invoice by thepayee,suchVAT in additionto such sums.

(2) IftheContractor failsto carryouthis obligations under heContractand the Employer employs

some othercontractorto ulfil them,and a payment in respect ofVAT s made or falls to bemade

to thatothercontractor,hen theEmployer shall be entitledto recover rom theContractorany

VAT (whichhe is nototherwiseable to recover)additional to what he wouldhave paid had the

Contractor carried out his obligations underthe Contract.

(3) Where a party is liable to reimburse or ndemnify theotherpartyfor costs incurredbythat other

part) the amountto be paid shall not include anyVAT charged on such costs, save where the

payee is unableto recoversuchVATfrom HM Customs & Excise as input tax.

36 GCAA'ORKS/IWITHOUT QUANTITIES 1998) INSTRUCTIONSANDPAYMENT



46

Prolongation and disruption

(1) If theContractor properlyand directly incurs any expensewhich he would nototherwisehave

incurredby reason of-

(a) theexecutionofworks pursuant to Condition 65 (Otherworks);

or

(b) anydelay in being given possessionof theSite orpartof it,orany delay in respect of any ofthemattersspecified in paragraph (2);or

(c) any advice from the Planning Supervisor other than that properly required by the CDM

Regulations;

which unavoidably results in the regular progress of theWorks or of any part of them beingmaterially disrupted or prolonged and which is beyond that provided for or reasonablycontemplated by theContract,and is nota consequenceofany default or neglect on thepartof

the Contractor,or by any employee, agent orsubcontractorof his, the Contract Sum shall beincreasedbythe amountof that expense as determined bythe QS.

(2) The matters referredto in subparagraph (1)(b) are -

(a) any decisions,confirmations, consents,drawings,schedules, evelsor otherdesign informationto be provided by the PM;

(b) the execution of any work or the supply of any Thing by the Employer or ordered from

somebody other han theContractor;and

(c) any directionor Instruction rom theEmployer or hePM regarding the ssueofany pass toanyperson(if required under Condition 27 (Passes)) oranydirection, nstructionorconsentof he Employer or the PM to be given under Condition63(2) (Nomination),provided hatthe Employer and the PM shall be entitled to a reasonable time for consideration anddecision in respect of he mattersspecifiedin this subparagraph,and this Condition shall notfettertheirproper discretion under thoseConditions.

(3) The Contract Sumshall notbe increased under paragraph (1)unless -

(a) the Contractor,mmediately upon becoming aware that the regular progress of theWorksoranypartof hem has been or is likely to be disruptedor prolonged, has given noticetothe PM specifying the circumstances causing or expected to cause that disruption orprolongation and stating that he is,orexpects to be,entitled to an increase in theContractSum under that paragraph;and

(b) the Contractor, as soon as reasonably practicable, and in any case within 56 Days of

incurring he expense, provides to theQS full details ofall expenses incurred and evidence

that the expenses directly result from the occurrence of one of the events described in

paragraph (1).

(4) Subject to paragraph (3), the Contract Sum shall be increased in accordance with subparagraph

(1)(b) only wherethe Employer hasfailedto supply an itemoract-

(a) bya date agreed beforehand with theContractor;or

(b) within any reasonableperiod specified in a noticegiven bythe Contractor to the Employer

INSTRUCTIONSANDPAYMENT GC,WORKS/1WITHOUT QUANTITIES 1998) 37



or he PM for the supply of the itemor taking heaction.

(5) The QS shall, not later than 28 Days from the receipt of the information referred to in

subparagraph(3)(b), notify theContractor ofhis decision under this Condition.

(6) In this Condition expense shall mean moneyexpended by the Contractor,butshall not include

any sum expended, or loss incurred,by him by way of interest or finance charges however

described.

47

Financecharges

(1) The Employer shall pay theContractor an amountby wayof interestor inance charges(here-

after togethercalled finance charges) only in the event that money is withheld from him under

the Contractbecauseeither -

(a) theEmployer,PM orQS hasfailed to complywithany ime limitspecified in the Contractor,

wheretheparties agreeat any time to varyany such time limit,thattime limit asvaried; or

(b) the QS varies any decision of his which he has previously notifiedto theContractor.

(2) Finance chargesshall be calculated asa percentageof theamounts which would have been paid

to theContractor ifanyof theevents mentioned in paragraph(1) had notoccurred.The ate at

which inance chargesshallbepayableshall be the percentagestated in theAbstractofParticulars

overthe ratecharged during he relevant period bytheBankofEngland for ending money to the

clearing banks,compounded witheffect rom 31 March, 30June,30 September and 31 December.

(3) Financechargesshall be payable n respect of any period commencing with the date on which,

but ora failureor variation mentioned in paragraph (1), money properlydue under heContractshould have beencertified,and ending with thedate on which it was certifiedfor paymentunder

Condition 50 (Certifyingpayments).

(4) When calculating finance charges the QS shall take intoaccountany overpayment made to the

Contractor asa resultof circumstancesdescribed in subparagraph(1)(b).

(5) The Employer shall notbe liable to payany inance chargeswhich result from -

(a) any act,neglect ordefaultof theContractor orany ofhis subcontractors;

(b) any failure by theContractor orany of his subcontractors to supplythe PM or heQS with

any relevant information;or

(c) any disagreementabout theFinal Account.

(6) The Employer and theContractor agree that,when they entered into the Contract,neither of

themhadknowledge ofany specialfacts orcircumstanceswhich would entitletheContractor to

be paid interestor finance charges,except n the circumstances mentioned in paragraph (1).

(7) The respective powers of he adjudicatorand arbitrator to award interestshallbe in addition o,

and not inderogation

from, hisCondition.

48

Advanceson account

(1) The Contractor shallfollowingcertification underCondition 50 (Certifyingpayments)be entitled

38 CC/WORKS/i WITHOUT QUANTITIES 1998) INSTRUCTIONSANDPAYMENT



to be paid advances during heexecutionof theWorks.

(2) The amountof each advanceto be certified shall,subjectto Condition48A(Retentionpayment

bond), be the total of the followingsums -

AlternativeA (Stage PaymentChart)

(a) 95% of he proportion of thesum specifiedas theproportion of the ContractSum payablefor he relevant monthaccording to the Stage PaymentChart orCharts.

Alternative B (Milestone PaymentChart)

(a) Unless theMilestone PaymentChart provides otherwise,95% of the cumulative value (notpreviously paid) of theWorks according to the Milestone PaymentChart at the relevant

Milestone achieved. Unless the Milestone PaymentChartprovides otherwise,and specifieswhat payment is to be made upon theachievement of each Milestone,the Contractor shall

not be entitled to any payment upon achievement of a Milestone until he has also achieved

all thepreceding

Milestones set out in the MilestonePayment

Chart.The Contractor shall

submitapplications in writing to the PM for payment under this subparagraph,upon theachievementofeach Milestone. Unless and until the Contractor submits such an application,he shall not be entitled to certificationor payment in respect of the relevantsum. If theAbstract of Particulars so specifies,such an application shall also include all amounts dueunder subparagraphs 2)(b)-(h),and the Contractor shall not be entitled to certificationor

payment of an advance in respect of such amounts exceptas included in such application.

Paragraph(3) shallnotapply.

AlternativeC (Valuation)

(a) (i) 95%of he valueof he work executedon theSite (other than such workreferred

to in subparagraphs (c) and/or (d)); and 95% of the value of any Things for

incorporation which have been reasonably delivered to the Site and are

adequatelystoredandprotectedagainst damagebyweatherand othercauses, butwhich have not been incorporated n theWorks.

(ii) Where any Things for incorporationon accountof which an advance has been

made under his subparagraphare incorporated n theWorks, heamountofsuch

advancemaybe deducted from thenext orany subsequentpayment made under

the Contract.

(iii)The Contractor shall submit

applicationsin

writingto the PM

for payment ofadvances on account ofwork executed andThings for incorporationwhich have

been delivered to the Site,supported bya valuation ofsuch work andThings,notlater than 7 Days before such certificate s due under Condition 50 (Certifying

payments).Unlessand untiltheContractor timely submits such an application and

valuation, he shall not be entitled to certificationor payment of an advance in

respect of the relevant work onThings. Paragraph(3)shall notapply.

(b) 100%ofany amountcalculated under Condition 38A (Bonuses)(if applicable).

(c) 100%ofanyamountagreed under Condition42(1)(a) (Valuation ofVariation Instructions)n

respect ofwork completed in the relevant month.

(d) 100%of theagreed value or, failing agreement,95% of the QS's valuation, under Condition

42(5) (Valuation ofVariationInstructions) and Condition 43 (ValuationofotherInstructions)

INSTRUCTIONSANDPAYMENT GC,WORKS/1WITHOUT QUANTITIES 19981 39



in respect of workcompleted n the relevant month.

(e) 100% of any amount determined by the QS under Condition 46 (Prolongation and

disruption) n respect of the relevant month.

(f) 100%ofany amountcalculatedunder Condition47 (Finance charges).

(g) 95% of any amount calculated under Condition 48C (Payment for Things off-Site) (ifapplicable).

(h) Less, in each case,any sum agreed to be creditedby theContractor for old materials.

(3) Where thePM has recorded n a statement after a progress meeting that theWorks are in delay

or are ahead of Programme he shall by reference to the Stage PaymentChart orChartsadjust

theContractor'sentitlementto payments in accordancewith paragraph (2)(a).

(4) Before thepayment ofanyadvanceor he issueof he inal certificate orpayment the Contractor

shall,if requested by the PM,demonstrate to him that any amountdue to a subcontractoror

supplier ofThings for incorporationwhich is covered byany previous advance has been paid. In

any case wherethePM is notsatisfiedtheEmployer maywithhold payment to theContractor of

theamount n question until the PM is satisfied.

(5) The Employer shall accumulate as a retention the balanceofany sum withheld under paragraph

(2) which is less than 100% and shall continue to hold the entirebeneficial interesttherein.

48A

Retention payment bond

IftheAbstract

ofParticulars

provides forthe

Employer to paythe Contractor advances on

accountwithoutdeduction of retention,provided hat the amountof retention so foregone by

the Employer shall not exceed the amountstated in theAbstractof Particulars ('the Retention

Payment'),the Contractor shallbe entitledto be paid advanceson accountwithout deduction of

retention,after fulfilling the followingconditionsprecedent

(a) delivery to the Employer of a retention payment bond in the form prescribed by the

Contract from the surety or sureties named in the tender in theamountof the Retention

Payment;

(b) such deliveryto occur within 28 Daysof the acceptanceof the tender, in respect ofwhich

period timeshallbe of theessence.

48B

Mobilisationpayment (onlyapplicable ifstated in Abstrad ofParticulars)

(1) If theAbstract of Particulars provides for the Employer to pay the Contractor a mobilisation

payment, heContractor shall be entitledto be paid that paymentwithin 14 Daysof ulfilling he

followingconditionsprecedent -

(a) deliveryto the Employer of a mobilisation payment bond in the form prescribed by the

Contract from thesuretyor sureties named in the tender in the amountof themobilisation

payment;

(b) such deliveryto occur within 28 Days of theacceptanceof the tender, in respect ofwhich

periodtime shall be of he essence.

40 GCANORKS/1WITHOUT QUANTITIES 19981 INSTRUCTIONSANDPAYMENT



(2) The Employer shallbe entitledto recover hemobilisation paymentbydeduction (in additionto

any retention)of thepercentage stated in theAbstractofParticulars either -

(a) from theproportion ofthe sumspecifiedas theproportion of theContract Sum payable orthe relevant monthaccording to theStage PaymentChart orCharts;or

(b) from the cumulative value of theWorks according to the Milestone PaymentChart at the

relevantMilestone achieved in the relevantmonth;or

(c) from the cumulative value of the work executed on Site and ofThings for incorporationdelivered to theSite;

whichever s applicableunder Condition 48 (Advanceson account).

(3) Any part of the mobilisation payment not previously recovered by the Employer shall be

immediately repayablebytheContractor to theEmployer upon either -

(a) the certificationby the PM under Condition 39 (Certifyingcompletion)of hecompletionoftheWorks or the ast Section thereof in respect of whichcompletion s certified;or

(b) the determination of theContract for any reasonwhatsoever, ncluding (without limitation)breach by theEmployer;

whicheveroccurs irst.

48C

PaymentforThingsoff-Site (onlyapplicable if stated in Abstract of Particulars, andnotapplicable in Scotland)

(1) Where this Condition applies compulsorily,asspecified in the AbstractofParticulars, hePM shall,

and where this Condition applies voluntarily, as so specified, the PM may in his completediscretion, include in his certificates under Condition 50 (Certifying payments) 95% of his

estimate of the value at that time (ascertained on the basis of fair and reasonable prices) of

Thingstowhich thisConditionapplies,andwhichhave been vested in theEmployer in accordance

with this Condition. For the purposes of this Condition, Things' shall mean any Things for

incorporationwhich are manufactured,assembledor constructedoff theSiteand whichthe PM

considers are in accordance with the Contract and substantially ready for incorporation n the

Works.Any sum so certified and paid may,when the relevantThings have been delivered to the

Site,or re-vest in the Contractor for any reasonwhatsoever, be deducted from any subsequentadvance, withoutprejudice and in addition to any otherrights and remedies of theEmployer.

(2) In orderto transfer heproperty inThings, the Contractor shall -

(a) ensure that theThings have been properlyandsecurely setasideat the factoryorworkshoporotherplacewhere anysuchThings have been manufactured,assembledorconstructed orat any place wheretheyare lyingor from which theyare beingobtained;

(b) ensure that theThings have been suitably marked orotherwise dentified soas to show hattheirdestination is theSite, hattheyare theproperty of the Employer and,whererelevant,

to whose ordertheyare held;and

(c) provide to the PM documentary evidence that the property in the Things has vested

unconditionally in theContractor.

INSTRUCTIONSANDPAYMENT GCAA/ORKS/1 WITHOUT QUANTITIES119981 41



(3) Upon the PM confirming hat the Contractor has complied with the requirements of paragraph

(2), the Contractor shall transfer to the Employer the property in theThings. Upon the PM

approving that ransfer, theThings shallvest nand become theabsolute propertyof heEmployer.

TheThings shall thenceforthbe in the possessionof theContractor for thesole purpose of he

performance of he Contractand delivering the completed Things to the Site for inclusion in the

Works,and shall notbe within theownershipordisposition of theContractor.

(4) Approval by the PM for thepurposes of this Condition shall be without prejudice to the powerof the PM to reject any Things in accordance with Condition 31 (Quality). In the event of any

Things being rejected by the PM in accordancewithCondition 31 (Quality), hey shall re-vest n

theContractor.

(5) The Contractor shallbe solely responsible for, and shall take all responsibleand proper stepsfor

protecting, preserving and securing anyThings heldoff theSite.

(6) The Contractor shall comply with any statutory regulations (whether or not binding on the

Crown) whichgovern thestorage and use ofallThings off heSite.

(7) The Contractor shall indemnify theEmployer againstall claims and proceedingsmade or brought

against the Employer in respect of any loss and/or damagewhich arises out of,or is any wayconnected with,the manufacture,assembly, construction, torage or ransportationofany Things.

For the purpose of his Condition, oss or damage ncludes -

(a) loss ordamageto property;

(b) personal injury to,or thesicknessordeath of,any person;

(c) loss ordamageto any Things;and

(d) loss of profitsor oss ofuse suffered becauseofany loss or damage.

(8) If he Contract is determined the Employer may give to the Contractor,before heexpirationof

28 Days from thedateon whichsuch determination takeseffect, oneormore noticesstating that

theEmployer elects thatall oranyThings which have not been delivered to theSite shall re-vest

in theContractor.TheThings specified in the notice shallso re-vestupon serviceof hat notice.

(9) With regard toThings which the Employer does notelect shall re-vest n theContractor under

paragraph(8) -

(a) the Contractor shall hand over to the Employer the Things, and if he fails to do so, theEmployer may enter any premisesand remove theThings and recover the cost of doing so

from the Contractor;and

(b) subject to the terms of the Contract (in particular, without limitation, Condition 57

(Consequencesof determination by Employer), if applicable to the determination of the

Contract) the Employer shall pay a fair and reasonable price for the Things which are

handed over to him by theContractor orotherwise come into his possession,butshall be

given credit for any payment therefor previously made under his Conditionorotherwise.

(10) Any paymentmade

bythe

Employer

inrespect

ofany Things

which re-vest n the Contractor

under paragraphs (4) or (8) shall be a sum recoverable in accordance with Condition 51

(Recovery of sums).

(11) The Contractor shall incorporate provisions equivalent to those provided in this Condition

42 GCAVORKS/1WITHOUT QUANTITIES 1998 INSTRUCTIONSANDPAYMENT



in every subcontract in which provision is to be made for the manufacture, assembly orconstruction ofThings off the Site.

49

Final Account

(1)Upon completion

of theWorks in accordance with theContract theEmployer

shall as soon as

reasonably possible pay to theContractor an amountequal to thedifference between -

(a) the amount estimated by the Employer to be the Final Sum less one half the retentionaccumulated under Condition 48(5) (Advancesonaccount); and

(b) the total amountofadvances paid under Condition 48 (Advanceson account).

(2) Within 6 months of the certified completion of the Works or the last part thereof under

Condition 39 (Certifyingcompletion), theQS shallforward one copyof hedraft final account otheContractor. f hedraft final account shows a Final Sumgreater han the Final Sum estimated

by the Employer under paragraph (1)(a), the Employer shall correct any payment made underparagraph (1) as soon as possible, in accordance with the Final Sum shown in the draft final

account. The Contractor shall within 3 months of receipt of the draft final account notify his

agreement ordisagreementwith thedraft final account.The Contractor shallspecify in any notice

of disagreement his reasons fordisagreementand his own valuation.

(3) If the Contractor does not give notice of disagreement or gives notice but fails to specify

adequate grounds for disagreement he shallbe deemed to have agreed thedraft final account as

the Final Account.

(4) Ifbefore heend of he MaintenancePeriod,orwhere there is more than one theend of he ast

Maintenance Period to expire, heFinal Sum has been calculated and agreedor has been treatedas having been agreed under paragraph (3), or in default of agreement has been determined inaccordance with theContract, hen -

(a) if he unpaid balanceof the Final Sum exceeds any retention whichthe Employer is for thetime beingentitled to retain theEmployer shall forthwith paytheexcessto the Contractor;and

(b) if he total amountpaidto theContractorexceedstheFinal Sum the Contractor shall forth-with paytheexcessto the Employer.

(5) Ifafter theend of the Maintenance Period,orwhere there is more than one theend of he last

Maintenance Period to expire, the PM has certified that the Contractor has complied withCondition21 (Defects in MaintenancePeriods),and the Final Sumhas been calculated andagreedor has been treated as havingbeen agreed under paragraph(3),or in default of agreement has

been determined in accordance with theContract, hen -

(a) if he Final Sum exceeds the amountpreviously paid to theContractor, he Employer shall

forthwith paytheexcessto theContractor;or

(b) if he amountpreviously paid to theContractor exceedstheFinalSum, heContractor shall

forthwith pay theexcessto the Employer.

INSTRUCTIONSANDPAYMENT GC,WORKS/1WITHOUT QUANTITIES 1 9981 43



50

Certifyingpayments

(I) Subject to Conditions 59 (Adjudication) and 60 (Arbitration and choice of law), the PM shall

certify in the prescribed form to the Employer,with a copy to the Contractor,all net sums

(taking into accountretentionand all set-offor abatement to whichtheEmployer is entitled, but

exclusiveofVAT) to whichtheContractor and, if applicable,each nominated subcontractorandeach nominated supplier, is entitled.The Contractorshallsupply to thePM,not later han7 Days

before each such certificate s due, such informationrequired to calculate the entitlements of

each nominated subcontractorand each nominated supplier.

(2) Where Condition 48(2)(a) (AlternativeA (Stage PaymentChart) orAlternativeC (Valuation))

applies,the firstsuch certificateshallbe issued on adate to be agreed by the Employer and the

Contractor,not ater than 28 Days afterthecommencement of theexecution of theWorks,and

subsequent certificatesshall be issued on the equivalent date of each subsequent month, f any

sum is to be certified.

(3) Where Condition 48(2)(a) (Alternative B (Milestone Payment Chart)) applies, each such

certificateshall be issuedwithin 21 Days of thePM'sreceiptofan application for payment under

that Alternative, ncluding (if theAbstract of Particulars so specifies) all amounts due under

Condition 48(2)(b)-(h). If the Abstract of Particulars does not so specify,certification under

paragraph (2) shall apply in respect ofsuch amounts.

(4) Withoutprejudice to Condition I 4)(c) (Definitions,etc.), if any date upon which a certificate

should be issued is a SaturdayorSunday, orChristmas Day,Good Friday ora day which under

the Bankingand FinancialDealingsAct1971 is a bankholiday in England and Wales or,asthecase

may be, in Scotland or Northern Ireland, the relevant certificateshall be issued on the next

workingday.

(5) The Contractor shall immediately further copy each such certificate to each of his subcontractors

and suppliers.

(6) After certification, he Contractor shall submitto the Employer aVAT invoice for the precisecertifiedsum, plus applicableVAT.Subject to ConditionSOA(Withholdingpayment),theEmployershall pay to the Contractor each certified sum, plus applicable VAT, within 30 Days of the

Employer's receipt of an invoice, strictly in accordance with this Condition, n respect of that

certifiedsum.

(7) Any certificatemay be modified or corrected by any subsequent certificate or by the finalcertificatefor payment.No certificateof the PM shall of itself be conclusive evidence that any

work orThings to which it relates are in accordance with theContract.

50A

Withholdingpayment

(1) The Employer or the Contractor,as thecasemay be,shallgivenoticenot ater than 5 Daysafter

thedate on which a payment becomes due fromhim under heContract,orwould have become

due if-

(a) the otherparty hadcarriedout his obligations under the Contract;and

(b) noset-offorabatement was permitted by reference toanysum claimed to be due underone

ormore othercontracts;

44 GC'WORKS/l WITHOUT QUANTITIES 1998) INSTRUCTIONSANDPAYMENT



specifying theamount (if any) of the payment made or proposed to be made,and the basis on

which that amountwas calculated.

(2) Neither theEmployer nor theContractor may withhold payment,after its due date for payment

(which shallbe its final date for paymentforall purposes),ofa sumdue under heContract,unless

he has given an effective notice of intention to withhold payment.The notice mentioned in

paragraph (1) maysuffice as a notice of intention to withhold

paymentif

it complieswith the

requirements of his paragraph.To be effective,a noticeof intentionto withhold payment must

specify-

(a) the amountproposed to be withheld,and theground for withholdingpayment;or

(b) if here is more than one ground, eachground and the amountattributableto it;

and must be given not later than 7 Daysbeforethedue datefor payment of the relevant sum.

51

Recoveryof sums

Withoutprejudice and in additionto any other rightsand remedies of the Employer,whenever

underor n respect of theContract,orunderor n respect ofanyothercontract between theContractor or any othermember of the Contractor's Group and the Employer orany othermember of theEmployer'sGroup,any sum ofmoney shall be recoverable fromorpayableby heContractororany othermemberof he Contractor'sGroup byor o theEmployer or anyothermember of the Employer'sGroup, t may be deducted by the Employer from any sum or sums

thendueorwhich atanytime thereaftermaybecome due to the Contractoror anyother member

of the Contractor'sGroup under or in respect of the Contract,or underor n respect ofanyothercontractbetween theContractor or

anyothermember of heContractor's

Groupand

theEmployer orany other member of the Employer'sGroup.Without prejudice and in additionto

any otherrightsand remedies of theContractor,each memberof the Contractor'sGroup shall

have rights reciprocal to those of each memberof the Employer'sGroupunder this Condition.

INSTRUCTIONSAND PAYMENT CC/WORKS/i WITHOUTQUANTITIES 1998) 45



PARTICULAR POWERS AND REMEDIES

52

Suspension for non-payment

(1)Where a sum due under the Contract

(asdetermined

by agreementbetween the

parties,certificationand invoicing,adjudication,arbitrationor itigation) s notpaid in full by the inal date

for payment and no effective noticeto withhold payment has been given under Condition 50A

('Withholding payment), the person to whom the sum is due has the right (withoutprejudice to

anyotherrightor remedy) to suspend performance ofhis obligations under heContract to the

party bywhom payment oughtto have been made ('the party in default').

(2) The right may notbe exercised without firstgiving to the party in default at least 7 Days' notice

of intention to suspend performance, stating the ground orgrounds on which it is intended to

suspend performance.

(3) The right to suspend performance ceases whentheparty in default makespayment in fullof heamountdue.

(4) Any period duringwhich performance is suspended n pursuance of the right conferredby this

Conditionshall be disregarded in computing, for the purposes of any contractual ime limit, the

time taken, bythe party exercising the rightorbya third party, to complete any workdirectlyor

indirectly affected by the exercise of the right.Where the contractual time limit is set byreference to a date rather than a period, hedate shall be adjusted accordingly.

53

Non-compliancewith Instructions

If, after receipt of a notice from the PM requiring compliance with any Instruction within a

period specified in the notice, the Contractor fails to comply, the Employer may, without

prejudice to the exercise of his powersto determine the Contract,provide labour and/or any

Things(whetheror not or ncorporation),or enter into a contractfor theexecution ofanywork

which may be necessary to give effect to that Instruction.Any reasonable costs and expensesincurred by the Employer over and above those which would have been incurred had the

Contractor complied promptly with the Instruction, hall be recoverable by the Employer fromthe Contractor.

54Emergencywork

(1) If he Contractor is unable orunwilling to carryout promptlyany emergencywork required bythe PM, the Employer may make arrangements for that work to be carried out. If the workcarriedoutbythe Employer shallbesuch as the Contractor is liable under heContract to carryoutorexecute at his own expense then theContractor shall reimburse -

(a) any costs reasonably incurredby theEmployer under this paragraph;and

(b) any loss suffered bythe Employer because he Contractor has not carriedout the work.

(2) In this Condition emergency work means any work which becomes necessary during the

execution of he Works or during anyMaintenance Period -

46 GCM'ORKS/J WITHOUT QUANTITIES 1998: PARTICULAR OWERSANDREMEDIES



(a) to prevent,oralleviatetheeffects of,any accident,failureorotherevent in connection withtheperformance of heWorks;

(b) to secure theWorks, heSiteoranyadjoining property from damage;or

(c) without prejudice to Condition 19 (Loss or damage), o repair any damagedor dangerous

part of theWorks.

55

Liquidated damages

(1) This Conditionapplies where a rate of iquidated damages foranydelay in thecompletionof he

Works ora Section has been specified in theAbstractof Particulars.

(2) If theWorks ora Section are or is not completed by the relevant Date for Completion, he

Contractorshall immediately become iable to pay to the Employer liquidated damagesat the rate

specified in theAbstractof Particulars for the period that theWorks or any relevantSection

remain or remains uncompleted.

(3) Subject to Condition SOA (Withholding payment), the Employer may deduct any amount of

liquidated damages o which he maybe entitled under his Condition rom any advances towhich

theContractor mayotherwise be entitled under Condition 48 (Advanceson account).

(4) If the sum due as liquidated damagesexceeds any advance payableto the Contractor under

Condition48 (Advanceson account), the Contractor shall pay to the Employer the difference.

That sum shall be recoverable in accordancewith Condition 51 (Recovery ofsums).

(5) No payment or concession to the Contractor,or InstructionorVI at any time given to the

Contractor (whether before or after the Date or Dates for Completion),or other act oromission by oron behalf of the Employer,shall in any wayaffect the rightsof the Employer todeduct or recover iquidated damages, or shall be deemed to be a waiver of the right of the

Employer to recoversuch damages.The rightsof the Employer to deductor recover liquidated

damagesmay be waived only by notice from the Employer to theContractor.

56

Determination by Employer

(1) Without prejudice to any other power of determination, he Employer may determine the

Contract bynotice to the Contractor if-

(a) any ground mentioned in subparagraphs 6) (a),(b) or (e) has arisen;theEmployer has givennotice to the Contractor specifyingthe relevantground and facts; and such ground was in

existence 14 Daysafter such noticewas given;orhas arisen againat any subsequent time;or

(b) any ground mentioned in paragraph (6) has arisen, other than those mentioned in

subparagraphs 6) (a),(b) and (e).(2)The Employer shallspecify in a noticeofdetermination

under paragraph (1) whichof thegrounds mentioned in paragraph (6) apply.

(3) The Employer may, after giving notice of determination under paragraphs (1) or (8), give

directions in relation to the performance or completion of any work and any other mattersconnected with theWorks,theSite andanyothercontractorsubcontract.

(4) Any directionsunderparagraph (3)shall be given not later than three months from thedate ofthe noticeof determination under paragraphs (1) or (8) or the relevant Date for Completion,whichever sthesooner.

PARTICULAR OWERSANDREMEDIES GC,WORKS/1WITHOUT QUANTITIES 1998 47



(5) The Contractor shall comply promptly with any directions given by the Employer under

paragraph (3).The Contractor shallbe paid for anyworkso performedas if hedirectionswere

Instructions.

(6) The grounds referredto in paragraph (1)are -

(a) the failureof theContractor to complywith an Instructionwithin a reasonableperiodof ts

issue;

(b) the failure of the Contractor to execute work in aworkmanlikeor proper manner,or to

proceed regularly and diligentlywith theWorks,or hesuspensionby theContractor of he

Works (otherwise han in accordance with Condition 52 (Suspension or non-payment)), so

that in theopinionof thePM theContractor has notcompletedorwill be unableto secure

the completionof he Works orany relevant Section by the Dates for Completion;

(c) where the Contractor is an individual, the insolvency of that individual or, where the

Contractor is a partnership, the insolvency ofany partner; in this subparagraph insolvency'shall include he presentation of a bankruptcy petition where the petitioner is thedebtor;the making of a bankruptcy order; the appointmentof an interim receiver; he issue of

proposals by the debtor to creditors for any arrangement or compositionwith creditors

(whether as a voluntaryarrangement under PartVIII of the InsolvencyAct 1986 orof the

Insolvency(Northern Ireland) Order1989,orotherwise)or ora conveyanceor assignmentfor the benefit of creditors (whether under the Deeds of ArrangementAct 1914 or

otherwise); where the Contractor is a partnership, insolvency shall also include the

presentation ofa petition by the members of thepartnership to wind up the partnership as

an unregistered company under PartVof the InsolvencyAct 1986 orPartVIof he Insolvency

(Northern Ireland) Order 1989; the making of an order to wind up the partnership as an

unregistered company; hepresentation by themembers of thepartnership ofa petition for

the making of an administration order in respect of the partnership; the making of an

administration order; or the issueof proposals by the members of the partnership to its

creditors for a voluntaryarrangement; in Northern Ireland, the term insolvency shall also

include in respect of theContractor, fan individual, or the partnership orany partner if he

Contractor is a partnership, becoming insolvent within the meaning ofArticle 12 of the

Construction Contracts(Northern Ireland) Order 1997 (whether or not in force);and in

Scotland,the term insolvency shall also include in respect of he Contractor, fan individual,

or the partnership or any partner if he Contractor is a partnership, becoming bankrupt, or

having his or its estate sequestrated, or becoming apparently insolvent as defined in the

Bankruptcy (Scotland)Act 1985, or enteringinto a trust deed for his or its creditors,or

makingacompositionor arrangement with his or its creditors;

(d) where the Contractor is a company then (in respect of that company or any companywhich is for the time being a holding company of the Contractor) the presentation by the

company or its directorsofa petitionforwinding-up, or the passingofanyresolutionfor he

winding-up, of the relevant company (except for the purposes of amalgamation orreconstruction while solvent); the making by the court of a winding-up order; the

appointmentof a provisional liquidator; he presentation by the company or its directors

ofa petitionfor or themaking ofan administration order,ora railwayadministration order;the issueby the company of proposals to creditorsfor the making ofanyarrangement or

composition with creditors (whetheras

a voluntary arrangement underPart

I ofthe

InsolvencyAct 1986,orPart II of the Insolvency(Northern Ireland) Order 1989,orascheme

of arrangement under Section 425 of the Companies Act 1985, or Article 418 of the

Companies (Northern Ireland) Order 1986, or otherwise); the appointment of an

administrative receiverora receiverora receiverand manager in respect of the company

48 GCJWORKS/1 WITHOUT QUANTITIES 1998) PARTICULARPOWERS ANDREMEDIES



orof any of its assets; or the relevantcompany becoming insolvent within the meaning ofArticle 12 of the Construction Contracts (Northern Ireland) Order 1997 (whetheror notin force);

(e) failurebytheContractor to complywith Condition 26 (Site admittance) where the Employerdetermines that such failure is prejudicial to the interests of the Employer or any othermember of theEmployer's Group;

(f) either of thesituations described in Condition24(3)(a) or (b) (Corruption);

(g) failureby the Contractor to complywith Condition 66 (Performance bond) (ifapplicable)orCondition 67 (Parent company guarantee) (if applicable), in respect of each of which

Conditions ime shall be of theessence;or

(h) any breach of he conditionssetout in the invitation to tender relating to theContract.

(7) AllThingsnot or incorporationwhichare broughtonto theSite at the Contractor'sexpenseshall

(whether damaged or not) re-vest in and be removed

byhim as and when

theycease to be

required in connection with any directionsgiven by the Employer under paragraph (3).From thedate ofdetermination the Employer shall be underno liability o the Contractor in respect ofany

loss ordamageto any suchThings causedby anyof theAccepted Risks.

(8) Withoutprejudice toanyotherpowerofdetermination,he Employer mayat will determine the

Contractbynoticeto theContractor. f heEmployerpurportsto determine heContractunder

paragraph (I),butno ground for determination underparagraph (1) had thenarisen,orany such

ground whichhad arisen had been waived by the Employer, heEmployer shallbedeemed to have

decided to determine, and to have determined, theContract under this paragraph.

57Consequences ofdetermination by Employer

(1) If the Employer shall determinethe Contract for any reason mentioned in Condition 56(6)(DeterminationbyEmployer),the followingprovisions shallapply -

(a) all sums of money that may then be due or accruing due from the Employer to the

Contractor shallcease to be dueor to accrue due;

(b) theEmployer mayhire any person, employ othercontractors,use anyThings on theSite,and

may purchaseordoanything necessary or hecompletion

oftheWorks,and theContractorshall haveno claim whatsoever in respect ofany such actionby theEmployer;

(c) the Contractor shall (except where determination occurs by reason of any of the

circumstances described in Condition56(6)(c) and (d) (Determinationby Employer)) assign

to theEmployer,without urtherpayment, hebenefitofany subcontractorcontractfor the

supply of any Thing for incorporation which he may have made in connection with the

Contract

(d) the Employer may pay to any subcontractoror supplier any amountdue to him which thePM certifiesas ncluded in any previous advanceto theContractor,and theamount so paid

shall be forthwith recoverable by theEmployer from theContractor;and

(e) theQS shall ascertain and thePM shallcertifythecostto the Employerofcompletionof he

Works.

PARTICULARPOWERS ANDREMEDIES CC/WORKS/i WITHOUT QUANTITIES 1998) 49



(2) If the totalof the followingsums (hereafter called 'the firstamount')exceedsthe total ofall the

advances paid to the Contractor (or to whichhe is entitled)under Condition48 (Advanceson

account) to thedate ofdetermination (hereafter called the second amount , he Employer shall,

subject o paragraph (3),hold theamountof theexcess.If hesecond amountexceeds the first

amount the Contractor shall be liable to pay the Employer the amount of the excess.The

individual sums are -

(a) the value of all the work carriedout in accordance with the Contract up to the date ofdetermination;

(b) the value of any work carried out or otherthingsdone in accordance with any direction

given under Condition 56(3) (DeterminationbyEmployer);and

(c) the value (ascertained on the basis of fair and reasonable prices) of all Things for

incorporationbrought onto theSite,or n thecourse ofpreparation or manufacture off he

Site,whichtheEmployer elects to keep.

(3)If he total of thecost of

completionas certifiedunder

subparagraph (1)(e)and the firstamount

determined in accordance with paragraph (2) exceeds thesum that would have been payable o

theContractor for due completion of heWorks, hentheContractorshallpaytheEmployer the

amountof heexcess.If he otal of thecostofcompletionascertified undersubparagraph 1)(e)

and the irstamountdetermined in accordancewithparagraph(2) is less han thesum thatwould

have been payableto the Contractorfor due completionof theWorks, hen theEmployer shall

paytheContractor theamountof he shortfall.

(4) If the Employer shall determine, or shall be deemed to have determined, the Contract at will

under Condition 56(8) (DeterminationbyEmployer),Condition58(5) and (6) (Determinationby

Contractor)shallapply, as if heContractor had determined the Contract under that Condition.

58

Determination by Contractor

(1) Without prejudice to any other power of determination,he Contractor may determine the

Contract bynotice to the Employer if-

(a) the ground mentioned in subparagraph (3)(a) has arisen; the Contractor has consequently

suspended performance of his obligations under the Contract under Condition 52

(Suspensionfor non-payment) for a continuous period of not less than 30 Days; following

whichperiodtheContractorhas

given noticeto theEmployer specifying he relevant groundand facts;such ground was in existence 14 Days after such noticewas given; and theabove

suspension s still continuing,and has continued without a break since its commencement; or

(b) any ground mentioned in subparagraphs (3)(b) or (e) has arisen; the Contractor has givennotice to the Employer specifying the relevant ground and facts; and such ground was in

existence 14 Daysafter such noticewas given;or has arisen againat any subsequent ime;or

(c) any ground mentioned in paragraph (3)(c)or (d) has arisen;

(2) The Contractor shall specify in a noticeof determination whichof the grounds mentioned in

paragraph (3) apply.

(3) The grounds referredto in paragraph (1)are -

(a) the ailure of heEmployerto pay any sumcertifiedbythePM for paymentto theContractor

50 GCIv\ORKS/1 WITHOUT QUA'JTITES 1998, PARTICULAR OWERSAND REMEDIES



(and an appropriate sum in respect ofVAT under Condition 45 (VAT)) within the timeallowed under Condition 50 (Certifyingpayments);

(b) the Employer obstructing, or nterferingwith, the issueofanycertificateof thePM referred

to in Condition50(1) (Certifyingpayments);

(c) where the Employer is an individual, he insolvency of that individual or,where heEmployeris a partnership, the insolvencyof any partner; n this subparagraph insolvency shall include

the occurrence in respect of the individual or partner of any of the matters referredto in

Condition 56(6)(c) (Determinationby Employer);

(d) where the Employer is a company, the occurrence in respect of that company or any

company which is for the time being a holding company of the Employer of any of thematters referred to in Condition56(6)(d) (Determinationby Employer);or

(e) the suspensionof he execution of he wholeorsubstantially hewholeof heWorks (otherthan the makinggoodofdefects in theWorks under Condition 21 (Defects n Maintenance

Periods) for a continuous period of 182 Days (or such other period as is stated in theAbstractof Particulars)) by reason of -

(i) any Instruction,except where the Instruction was necessary because of any

defaultorneglect by the Contractor orbyany employee,agent orsubcontractor

of his;or

(ii) anyof thematters referredto in Condition46(1)(a), (b) or (c) (Prolongation and

disruption).

(4) If heContractor shall determine theContractas mentioned in thisCondition,or f heEmployershall determine, or shall be deemed to have determined, the Contract at will under Condition

56(8) (Determinationby Employer) and Condition 57(4) (Consequences of determination by

Employer) consequently applies, he followingprovisions shallapply.

(5) If he otal of thefollowingsums(hereafter called the third amount') exceedsthesecond amount

determined in accordancewith Condition 57(2) (Consequencesof determination byEmployer),theEmployershallbe liableto pay theContractortheamountof he excess. f he second amount

exceeds the third amount heContractor shall be liable to pay the Employer theamountof heexcess.The individual sums are -

(a) the value of all the work carriedout in accordance with the Contract up to the date of

determination;

(b) the value of any workcarried out or otherthings done in accordance with any direction

given under Condition 56(3) (DeterminationbyEmployer);

(c) the value (ascertained on the basis of fair and reasonable prices) of all Things for

incorporation broughtonto the Site,or in thecourse ofpreparation ormanufactureoff he

Site,which the Employer elects to keep;

(d) any reasonable sum expended by the Contractor because of the determination of theContract in respect of -

(i) theuncompleted partofany subcontract and othercontracts(includingthose forthe hireof plant,services and insurance);and

PARTICULARPOWERS ANDREMEDIES GCIWORKS/1WITHOUT QUANTITIES 1998) 51



(ii) any unavoidable contract of employment, entered into in connectionwith the

Contract;and

(e) the Contractor's otherunavoidable losses or expense directly due to the determination

(including,without limitation, oss ofprofiton theContract).

(6) All Things not for incorporation which are brought onto the Site at the Contractor's

expense shall (whether damaged or not) re-vest n and be removed by him. From the date of

determination the Employer shall be under no liability to the Contractor in respect ofany oss

or damageto any suchThings caused byanyof heAccepted Risks.

58A

Determination following suspension ofWorks

(1) Withoutprejudice to any otherpower of determination, either the Employer or the Contractor

maydetermine heContractby notice o the otherof hem in the eventof hesuspensionof he

execution of thewhole or substantiallythewholeof theWorks (other than the makinggoodofdefects in theWorks under Condition 21 (Defects in Maintenance Periods)) for a continuous

periodof182 Days (or suchotherperiodas isstated in theAbstractofParticulars):provided hat

such suspensionfor that periodwas by reason ofany circumstances,not arising becauseofany

act,neglect ordefault of theContractor orofany employee, agent orsubcontractorof his; and

not arising because of any act, neglect or default of the Employer or the PM or of any other

contractor oragent of theEmployer; and other han weatherconditions; which are outside he

control of theEmployer andof he Contractor orany of his subcontractors and which could not

have been reasonably contemplated under the Contract (including, without limitation, oss or

damageto theWorks oranyThings on theSite caused byanAccepted Risk).

(2) The party giving notice of determination under paragraph (1) shall specify in the notice the

grounds for such determination.

(3) If either the Employer or the Contractor shall determine the Contract as mentioned in this

Condition,hen Condition58(5) and (6) (Determinationby Contractor) shall apply, provided that

the Contractor shall not be entitledto any lossof profit on theContract.

59

Adjudication

(1) The Employer or theContractor mayat anytime notifythe otherof ntentionto refer adispute,difference or question arising under, outof,or relating to, he Contract to adjudication.Within7

Days ofsuch notice, hedispute, may byfurthernotice be referred to theadjudicatorspecifiedin

the AbstractofParticulars.

(2) The notice of referral shall set out the principal facts and arguments relating to the dispute.

Copies ofall relevant documents in the possessionof he partygivingthenoticeofreferralshall

be enclosed with thenotice.A copyof the noticeand enclosures shall at thesame time be sent

bythepartygiving thenotice to the PM,theQS and the otherparty.

(3) (a) If heperson named asadjudicator in the AbstractofParticulars is unable to act,or s not or

ceases to be independent of the Employer, he Contractor, he PM and the QS,he shall be

substituted as provided in the AbstractofParticulars.

(b) It shall be a condition precedent to the appointment of an adjudicator hat he shall notifyboth parties that he will complywith this Conditionand its time limits.

52 GCAVORKS/1WITHOUT QUANTITIES 1998) PARTICULA8POWERS ANDREMEDIES



(c) The adjudicator,unlessalready appointed, shall be appointed within 7 Daysof thegivingofa

noticeof ntentionto refer a dispute to adjudication under paragraph (1).The Employer and

the Contractor shall jointly proceed to use all reasonable endeavours to completethe

appointment of he adjudicatorand named substitute adjudicator.Ifeitherorboth such jointappointments has notbeen completedwithin 28 Daysof heacceptanceof he tender, either

the Employer or the Contractor alone may proceed to complete such appointments. If itbecomes

necessaryto substitute as

adjudicatora

personnot named as

adjudicatoror

substitute adjudicator n the Abstract of Particulars, the Employer and Contractor shall

jointly proceed to useall reasonable endeavoursto appoint the substitute adjudicator.Ifsuch

joint appointment has not been made within 28 Days of the selection of the substitute

adjudicator, either the Employer or Contractor alone may proceed to make such

appointment. For all such appointments, the form of adjudicator's appointment prescribed

by the Contract shall be used,so far as is reasonably practicable.A copy of each such

appointment shall be supplied too each party. No such appointmentshall be amended or

replaced without theconsentof both parties.

(4) The PM, heQS and theotherpartymaysubmit epresentations to theadjudicatornot ater than

7 Days from the receiptof thenoticeof referral.

(5) The adjudicator shall notifyhis decision to the PM, heQS,theEmployer and the Contractor not

earlier han 10 and not later than 28 Days from receiptof thenoticeof referral,orsuch longer

periodas s agreed by theEmployer and theContractor afterthedispute has been referred.The

adjudicatormayextend heperiodof28 Daysby up to 14 Days,with theconsent of theparty bywhom the dispute was referred.Theadjudicator's decision shall nevertheless be valid if ssued

after the ime allowed.The adjudicator's decision shallstate how the costof he adjudicator's fee

or salary (including overheads) shall be apportionedbetween theparties, andwhether one partyis to bear the whole orpartof the reasonable legal and othercosts and expenses of theother,

relating to theadjudication.

(6) Theadjudicatormay take he nitiative n ascertainingthe actsand the aw,and theEmployer and

theContractor shall enable himto do so.In coming toa decisiontheadjudicatorshall have regardto how far the parties have complied with any procedures in the Contract relevant to thematter in dispute and to what extent each of them has acted promptly, easonablyand in goodfaith.The adjudicatorshall act independently and impartially,as an expert adjudicatorand notas

an arbitrator.Theadjudicator shall have all the powers ofan arbitrator acting in accordancewithCondition 60 (Arbitration and choice of aw),and the ullestpossiblepowers o assess and award

damagesand legal and other costs and expenses;and, in addition to,and notwithstanding the

terms of, Condition 47 (Finance charges), o award interest. n particular, without limitation, headjudicatormayaward simple or compound interest romsuch dates,atsuch rates and with such

rests as he considers meetthe ustice of thecase -

(a) on thewhole orpartofany amountawarded byhim, n respect ofany periodupto thedate

of he award;

(b) on thewhole orpartofanyamountclaimed in the adjudication proceedings and outstand-

ingat the commencement of the adjudication proceedings but paid before the award was

made,in respect of any periodup to thedate of payment;

and mayaward such interest romthe date of theaward (orany laterdate)until payment,on theoutstanding amountofany award (including any award of interestand anyaward ofdamagesand

legal and othercosts and expenses).

(7) Subject to the proviso to Condition 60(1) (Arbitration and choice of law), he decision of the

PARTICULAR OWERSANDREMEDIES GCiWORKS/1WITHOUT QUANTITIES U 98) 53



adjudicators bindinguntil thedispute isfinallydetermined by egal proceedings,byarbitration(ifthe Contract provides for arbitration,or the parties otherwise agree to arbitration),or by

agreement: and the parties do not agree to accept the decision of the adjudicatoras finally

determining the dispute.

(8) In addition to his other powers, the adjudicatorshall have power to vary or overrule any

decision previously made under the Contract by the Employer, he PM or the QS, other than

decisions in respect of the followingmatters -

(a) decisions byor on behalfof the Employerunder Condition 26 (Site admittance);

(b) decisions byoron behalfof the Employerunder Condition27 (Passes) (ifapplicable);

(c) provided hat the circumstances mentioned in Condition56(1)(a) or (b) (Determinationby

Employer) havearisen,and havenotbeen waived bytheEmployer,decisionsof he Employer

to give notice under Condition 56(1)(a), or to givenoticeofdeterminationunder Condition

56(1);

(d) decisionsordeemed decisionsof theEmployer to determine heContract under Condition

56(8) (DeterminationbyEmployer);

(e) providedthat the circumstances mentioned in Condition 58A(1) (Determination ollowing

suspensionofWorks) have arisen, and have not been waived by the Employer,decisions of

the Employer togive noticeof determination under Condition 58A(1); and

(f) decisions of the Employer under Condition 61 (Assignment).

In relationto decisions in respect of hose matters, he Contractors'sonly remedyagainst the

Employer shallbe financialcompensation.

(9) NotwithstandingCondition 60 (Arbitration and choice of aw), heEmployer and theContractor

shall comply forthwith with any decision of the adjudicator;and shall submit to summary

judgmentand enforcement in respect of all such decisions.

(10) If requested byone of the parties to the dispute, the adjudicatorshall provide reasonsfor his

decision.Such requests shall only be made within 14 Days of the decision being notifiedto the

requesting party.

(11) The adjudicators not iableforanythingdoneoromitted in thedischargeorpurporteddischarge

ofhis functionsasadjudicator, unless the actor omission is in bad faith.Anyemployee oragentof he adjudicator s similarly protected rom Iiabilit).

60

Arbitration and choiceof aw

(1) The procedures forarbitration setout in thisConditionshallbe utilised bythe Employer and the

Contractor with regard to disputes, differences or questions between the Employer and the

Contractor arising out of,or relating to, the Contract,whether duringthe course or after the

determination thereof (other han disputes,differencesor questions arising outof,or relating to,

the enforceabilityor enforcementof

any adjudicator's decision;or Condition45

(VAT);or the

statutorytaxdeduction scheme referred to in the AbstractofParticulars).The dispute, difference

or question shall after notice by either party to the other be referredto the single arbitrator

specified in theAbstract of Particulars. If the person named in the Abstract of Particulars is

deceasedorunwillingor unable toactasarbitrator,or s not or ceases to be independent of he

54 GCJWORKS/1 WITHOUT QUANTITIES 19981 PARTICULAR OWERSAND REMEDIES



Employer, heContractor, he PM and theQS, he shall be substituted asprovided n theAbstractof Particulars.It shall be a conditionprecedent to theappointment ofan arbitrator that he shall

notify both parties that he will forthwith commence his duties, and will comply with this

Conditionand its time limits. In addition to his otherpowers, thearbitrator shall have the fullest

possible powers-

(a) to rectifytheContract;

(b) to order inspections,measurements and valuations;

(c) to vary oroverruleany decision previously made undertheContract bythe Employer, he

PM, the QS or an adjudicator, provided that the Contractor'sonly remedy against the

Employer in relation to decisions in respect of the matters listed in Condition 59(8)(a)-(f)

(Adjudication) shall be financial compensation;

(d) to orderconsolidation of the proceedings with other proceedings;and/or that concurrent

hearingsshallbe held;and to make such ordersand directionsrelating to such consolidation

andhearings

as he thinksfit;

and

(e) to make orders,directions and awards in the same way as ifall the procedures of the HighCourt ofJustice in England (if the proper law of the Contract is English law),or the HighCourtofJustice in Northern Ireland (if theproper lawof the Contract is Northern Ireland

law), or the Court of Session in Scotland (if the proper law of the Contract is Scots law),

including,without limitation,as to joining one or more defendantsor defenders or joiningco- defendants or co-defenders or third parties, were available to the parties and to thearbitrator.

Provided always, that where any dispute, difference or question has been referred to an

adjudicator under Condition 59 (Adjudication), and the adjudicatorhas issued his decisionthereon,a party shallnot be entitledto refersuch dispute, difference or question to arbitration,and theadjudicator's decision thereonshall become unchallengeable, nless thatpartyserves theabove notice within 56 Days of receiptof notificationof the adjudicator's decision: and,for theavoidance of doubt, this proviso shall apply whether or not the adjudicatorhas notified his

decision within the time limitspecified in Condition59(5).

(2) Unless the parties otherwiseagree-

(a) no reference shall be madeunderparagraph 1) until after the completion, allegedcompletionorabandonment of heWorks,or the determination of theContract;

(b) no reference shall be made under paragraph (1) in respect of a dispute, difference orques-tionwhichhas been referredto an adjudicatorunder Condition 59 (Adjudication), until the

notificationby the adjudicatorof his decision thereon;or the expiry of 28 Days from the

receipt by theadjudicatorof the notice of referral under Condition59(1), or such longertime as is allowed for headjudicator's decision in accordancewithCondition59;whichever

is the earlier;

(c) the arbitrator shall hold a preliminarymeeting with theparties forthwith on his acceptanceofofficeand will fix a timetable for hedeliveryof pointsofclaim,defence or counter-claim

andany otherpleadings, or the discoveryand inspection ofdocuments, for he inspection ofthe Works (if necessary) and for the hearing of any oral evidence (if necessary),which

timetable shallnotwithout theconsentof theparties exceed a periodof 6 months from thedate of hat preliminarymeeting;

PARTICULAR OWERSANDREMEDIES GUANORKS/1WITHOUT QUANTITIES 1998) 55



(d) the parties shall ensure that any evidence whether oral or written and any document or

argument required to be submitted to thearbitrator is submitted to him in accordancewith

the timetable; and

(e) the arbitrator shall give his award not later than 3 months from the end of the periodmentioned in subparagraph (c).

(3) (a) If he Works are in England orWales, the proper lawof theContract shall be Englishlaw,areference to arbitration in accordancewith this Condition shall be a reference to which the

ArbitrationAct1996 applies,and thatActshall have effectsubject o the provisions of his

Condition.

(b) If heWorks are in Scotland, heContract shall in all respects be construedand operated as

a Scottish contract,and shallbe interpreted in accordancewith Scots law.

(c) If theWorks are in Northern Ireland, the proper law of the Contract shall be Northern

Ireland law,a reference to arbitration in accordancewith this Conditionshall be a reference

to which theArbitration Act 1996 applies, and that Act shall have effect subjectto the

provisions of this Condition. Whatever the nationality, residence or domicile of the

Contractor,any sub-contractoror supplier, or the arbitrator, such arbitration shall be

conducted solelywithin Northern Ireland.

(4) If the Contract is subject o Scots law, he followingshall apply-

(a) ReferencesthroughouttheContractto a Deed'orDeeds' shall be construed as references

to a documentor documents subscribed in accordance with the requirements for a

self-proving documentundertheRequirements ofWriting(Scotland)Act1995.

(b)Condition 48C

(Paymentfor

Things off-Site)shall not

apply.

(c) In Condition 59(9) (Adjudication), the words 'submit to summary judgement and' shall be

substituted bythewords consent o a motion forsummary decree and submit o':and there

shall also be added at theend the followingsentence:

'Where the Employer, he Contractor or the adjudicatorwishes to register hedecision of he

adjudicator or execution in the Booksof Counciland Session, any otherparty shall,on being

requested to do so,forthwith consent to such registration by subscribing thedecision before a

witness'.

(d) In subparagraph (2)(c), the words 'points of claim' shall be substituted by the words the'statementofclaim'; and the word discovery'shall be substituted by the word recovery'.

(e) The law ofScotland shall apply to any adjudication and to anyarbitration,andanyarbitration

shall be conducted in accordance with the Scottish Arbitration Rules of the Chartered

InstituteofArbitrators (Arbiters) (Scottish Branch) 1996 Edition, or such amended Scottish

Rules as the said Chartered Institute may have adopted to take effect before the

commencement of the arbitration,the terms of which are deemed to be incorporated

herein,providedthat to the extent that there is inconsistency between the terms of those

Rules and this Condition, he latter shall have precedence.

(f) Subject to the provisions of the Contract in respect of adjudication and arbitration,theparties submitto the non-exclusive jurisdictionof theScottish courts.

56 CC/WORKS/I WITHOUT QUANTITIES 1998) PARTICULAR OWERSAND REMEDIES



ASSIGNMENT, SUBLETTING, SUBCONTRACTING,SUPPLIERSAND OTHER WORKS

61

Assignment

The Contractor shall not,without heconsent n writing of the Employer,assign or transfer theContract,orany part,shareor nterest under t.Nosum of money to become payableunder heContract shall be payable to any person other than the Contractor without the Employer'swritten consent.The Employer may assign or transferthe benefit of the Contract,orany part,share or interest under it. Ifso provided by theAbstractofParticulars,this power shall only beexercisable after certification by the PM under Condition 39 (Certifying completion)of the

completionof theWorks or the last Section thereof in respect ofwhich completion is certified,or thedeterminationof the Contract for any reason whatsoever, ncluding (without limitation)breach by theEmployer,whichever s theearlier. Neitherparty mayassign or ransferthewhole

orany partof theburden of heContract.

62

Subletting

(1) (a) Except where the Employer has accepted a subletting proposal prior to the award of heContract,or heContractspecifiesornominatesthesublettingofwork,theContractor shall

notsubletany part of theContract without the priorconsentof the PM.

(b) The Contractor shall provide such details of any subcontractorhe wishes to engage,and

(otherhan rates and

prices)of

anysubcontractentered

nto,as

thePM

may require.

(2) The Contractor shall ensure that each subcontractentered into will enable him to fulfil his

obligations under heContract.Nosubcontract hall includeany provisionmaking payment underthesubcontract conditionalon thepayer receiving paymentfromathird person unlessthat third

person, or any otherperson payment bywhom is underthesubcontract(directlyor ndirectly)a conditionofpaymentby that thirdperson, is insolvent within themeaningofSection 113 of he

Housing Grants, Constructionand RegenerationAct 1996, or, if theWorks are in NorthernIreland,ofArticle 12 of he ConstructionContracts(Northern Ireland) Order1997 (whetherornot in force).Each subcontractshall include -

(a) Power to determine he subcontractas a consequenceof determinationof this ContractunderConditions 56 (Determinationby Employer),57 (Consequencesof determination byEmployer),58 (Determinationby Contractor) or 58A(Determination ollowingsuspensionofWorks).

(b) Aprovision o the effect hat from thecommencement to thecompletionof hesubcontractworkallThings belongingto thepersonwho enters into thesubcontractwhich are broughton theSite in connection with the subcontractshallvest in the Contractor subjectto any

right of theContractor to reject thesame.

(c)Such

provisionsas

maybe necessarytoenable

the Contractor to fulfil his obligations to theEmployer under the Contract.

(d) Such provisions as will impose on the personwho enters into the subcontract liabilitiessimilar to those imposed on the Contractor under heContract.

ASSIGNMENT,SUBLE1TING,SUBCONTRACTING,SUPPLIERS ANDOTHER WORKS GC,WORKS/ WITHOUT QUANTITIES 19981 57



(e) A provision to the effect that no part of the subcontractwork shall be further sublet

without theconsent of he Contractor.

(f) Provisions similar to Condition 38(4)-(7) (Acceleration and cost savings), so that the

Contractor shall share fairly and equitably with thesubcontractor he Contractor'spartof

savings pursuant thereto;addressing he sharingofsuch savings between the Contractor and

thesubcontractorby reference to whether the relevant proposal for costsavings originated

with theContractor or he subcontractor.

(g) Provisions equivalent to ConditionsIA (Fair dealing and teamworking), SOA (Withholding

payment),52 (Suspension or non-payment) and 59 (Adjudication).

(h) Provisions entitlingthe subcontractor o payment by instalments,stage paymentsor other

periodic payments for any work under the subcontract unless it is specified in the

subcontract that thedurationof he work s to be less than 45 Days; or it s agreed between

theContractor and the subcontractorhat the durationof thework s estimated to be less

than 45 Days; and stipulating the amounts of the paymentsand the intervalsat which,or

circumstancesin which, hey become due.

(i) Terms and conditionsproviding an adequate mechanism for determining what payments

become due under the subcontract, and when;providing for a final date for payment in

relation o any sumwhichbecomes due;and stipulating how ong heperiod (not onger han

30 Days) is to be between the date on which a sum becomes due and the final date for

payment.

(j) Any subcontract erms and conditions, or form ofsubcontract, prescribed in theAbstract of

Particulars.

(3) Without prejudice to the obligations of the Contractor under any of the provisions of theContract, he Contractor shall,whenever requested todosobythe Employer, akeany necessary

actionto ensure that a person who has entered into a subcontractcomplies with and performs

all obligations imposed upon him.

(4) Where for any reason a subcontracts determined or assigned becauseof thedefault or ailure

of the subcontractor, the Contractor shall, subject to Condition 63A (Insolvency of nominated

subcontractors or suppliers) (if applicable),at his own expense secure completion of the sub-

contract work.

(5)The Contractor shall be responsible for any subcontractoror supplier employed by him in

connection with theWorks,whetherornotnominated orapproved bythe Employeror hePM,

or appointed bythe Contractor in accordancewith an Instructionorotherwise.

(6) Subject to Condition63A (Insolvencyof nominated subcontractors or suppliers) (if applicable)

the Contractor shall make good any loss suffered or expense reasonably incurred by the

Employer by reason of any default or failure, whether total or partial, on the part of any

subcontractoror supplier.

63

Nomination

(1) A nominated subcontractorornominated supplier means a personwith whom the Contractor

is required to enter into a contract for the execution of work or the supply of Things

designatedas Prime Cost itemsby theuse of he expression PC orotherwise.This requirement

may be specified in the Contract documents or in any directionor Instructiongiven underthe

Contract.

58 GCAVORKS/1WITHOUT QUANTITIES 1998 ASSIGNMENT.SUBLETI1NG,SUBCONTRACTING,SUPPLIERS ANDOTHERWORKS



(2) All Prime Cost items designatedas above shall be reserved for execution orsupply bya personto be nominated orappointed in such waysasmay be directedby theEmployer or Instructedbythe PM.The Contractor shall notwithout the writtenconsentof thePM order work orThingsundersuch itemsprior to the conclusion of an authorised subcontract.The Employer reservesthe right to order and payfor all orany partof such itemsdirect,and to deduct hese paymentsfrom theContract Sum less an amount n respect ofContractor'sprofitat the rate included intheSchedule

ofRates

adjusted pro-rata on theamountpaid direct by theEmployer.

(3) The sum to be paid by the Employer in respect ofany Prime Cost orPC item shall be the sum

(inclusive of charges for packing, carriage and deliveryto the Site and after the deduction of all

discounts, rebates orallowances) properlydueto thenominated subcontractoror supplier after

adjustment in respect of overpayment orovermeasurement.Any resulting increaseor decreasein the Prime Cost sum shall be added to or deducted from theContract Sum.The Contractorshall produce to the QS such quotations, invoices and bills (properly receipted) as may be

necessaryto showdetails of the actual sums paid by theContractor.

(4) In addition to payments under paragraph (3), the Contractor shall be entitled to payment forfixing any Thing supplied by a nominated supplier in accordance with the rates included in

the Schedule of Rates, and to profit.The payment for fixing shall cover unloading, getting-in,unpacking,return of empties and other incidental expenses.The Contractor's profit shall be

adjusted pro-ratson thePrime Cost,excluding anyalterations n hat Prime Cost item due to he

operationofany conditions ncorporated n the nominated subcontractpursuant to Condition

62(2) (Subletting).

(5) If any Work or Things to which a nominated subcontract applies is not included in the

SpecificationtheContractor shall, f required bytheEmployer,supply afull and detailed scheduleof rates, which was properly and reasonably used for calculating the Contract Sum or

subcontractsum, such schedule to be used in place of the Scheduleof Rates for valuation andmeasurement undertheConditions ofContract.

(6) The Employer shall not require the Contractor to enter into a subcontract with anysubcontractoragainstwhom the Contractor has made a reasonableobjection,except that theContractor shall not object to any subcontractoror supplier nominated in the documents

provided by the Employer as the basisof the Contractor's ender.The Contractor shall providesuch informationas thePM may reasonablyrequire n relation to any objectionwhich he makes

underthis paragraph.

(7)Once the Contractor has entered into a subcontract

with a nominated subcontractor orsupplier, he shall not determine or assign that subcontract without the agreement of the

Employer.Where theEmployer has agreedto thedetermination of hesubcontract, theEmployershall assoonas reasonablypracticable either nominate a replacementsubcontractororsupplier,ordirect the Contractor to complete the workorsupply in question with his own resources or

bya subcontractororsupplier ofhis own choice approved by the Employer.

(8) Subject to Condition 63A (Insolvencyofnominated subcontractors orsuppliers)(ifapplicable), fa nominated subcontract s determined or assigned or re-nomination occurs, heEmployer shall

not be required to pay the Contractor any greatersums than would have been payableif such

determination, ssignmentor re-nomination had notoccurred.

ASSIGNMENT,SUBLETFING,SUBCONTRACTING,SUPPLIERSAND OTHERWORKS GCIWORKS/1WITHOUT QUANTITIES119981 59



63A

Insolvencyof nominated subcontractors or suppliers (onlyapplicable if stated in

Abstrad ofParticulars)

If a subcontract s determined or assigned becausethe nominated subcontractoror supplier

becomes insolvent (and insolvency for this purpose shall includethe matters referred to in

Condition 56(6)(c) and (d) (Determination by Employer)as if references therein to the

Contractor were references to the nominated subcontractoror supplier), the Employer shall

reimburse theContractor an amount equal to the difference between -

(a) any cost he has incurred n securingthecompletionof thesubcontractworkwhich exceeds

what the costto him of completing such subcontractwork would have been under the

originalsubcontract; and

(b) theamountwhich by using his best endeavours he hasor should have recovered from the

originalsubcontractor.

64Provisional sums

Thefull amountofany provisional lump sums ncluded in theContractand the netvalue annexed

to each of the provisional items inserted n the Schedule of Rates shall be deducted from the

Contract Sum,and thevalue ofwork ordered and executed thereundershall be ascertained as

provided byCondition 42 (ValuationofVariation Instructions). Nowork under hese items is tobe commenced without Instruction rom thePM.

65

Other works

(1) The Employer shall have power at any time to execute other works (whether or not in

connection with theWorks) on the Site at the same time as theWorks are being executed.The

Contractor shallgive reasonable acilities for hese works.

(2) The Contractor shall not be responsible for damage done to other works exceptfor damage

causedby the negligence,omission or default of his workpeople,agents or subcontractors.Any

damagedone to the Works in theexecution ofotherworks shall,for thepurposes ofCondition

19 (Lossordamage),be deemed to be damagewhich is wholly caused bythe neglect or default

of theEmployer orofany othercontractororagent of he Employer.

60 Gc,WORKS/1 wrTHOUTQUANTITIES119981 ASSIGNMENT,SUBLETFING,SUBCONTRACTING,SUPPLIERS ANDOTHERWORKS



PERFORMANCEBOND, PARENT COMPANYGUARANTEEAND COLLATERALWARRANTIES

66

Performance bond (onlyapplicable if stated in Abstract ofParticulars)

The Contractor shall,within 21 Daysof theacceptanceof the tender, deliverto the Employer a

performance bond in the form prescribed by the Contract from thesuretyor sureties named in

the tender, in an amountof 10% of theContract Sum (or such otherpercentage as is stated in

the AbstractofParticulars).

67

Parent company guarantee(onlyapplicable if stated in Abstract ofParticulars)

The Contractor shall,within 21 Daysof theacceptanceof the tender, deliverto the Employera

parent company guarantee in the form prescribed by the Contract from its ultimate holdingcompany (ifany) named in the tender.

68

Collateral warranties (only applicable if stated in Abstrad ofParticulars)

(1) (a) The Contractor shall use reasonable endeavoursto procure hateachsubcontractor supplycontract with each nominated subcontractor or supplier, and (unless waived by the

Employer) any othersubcontractoror supplier, shall contain obligations on the relevant

subcontractoror supplier to execute, in favour of the Employer, a Deed in the form

prescribed bythe Contract, or a similar form

reasonably required by the Employer,anddeliver hesameto theEmployer;together n each case(unlesswaived bytheEmployer)witha guaranteein the orm prescribed bytheContract,ora similar formreasonably required bythe Employer, rom the ultimateholdingcompany (if any) of the relevantsubcontractororsupplier n respect of the subcontractor's or supplier's obligations pursuant to such Deed.The Contractor shall enforcesuch obligations,or such modified obligations as are referredto below.

(b) If, despite the Contractor having used such reasonable endeavours,the subcontractor or

supplier will notacceptsuch obligations, orwill only accept hem in a modified form, theContractor shall noti1'theEmployer,whomay agree inwriting hat the relevantsubcontract

orsupply contractneed notcontain such obligations,or that therelevantobligations maybein a modified formagreeableto thesubcontractororsupplier.

(c) Failingsuch agreement by theEmployer in thecaseofa proposed nominated subcontractoror supplier, the Contractor shall not be obliged to enter into a subcontractor supplycontract with that nominated subcontractororsupplier.

(d) Failingsuch agreement by theEmployer in the case ofany othersubcontractororsupplier,the Contractor shall not enter into a relevant subcontractor supply contract with thatsubcontractororsupplier.

(2) The above obligations for theprovision ofDeeds and guarantees shall continue notwithstandingdetermination of the Contract for any reason whatsoever, ncluding (without limitation)breach

by the Employer.

PERFORMANCE OND, PARENTCOMPANY GUARANTEEANDCOLLATERALWARRANTIES GC,WORKS/1WITHOUT QUANTITIES 1998) 61



SCHEDULE OF TIME LIMITS

Condition Subject Limit Imposed on

8(4) Send otherpartyan insurance

certificate

21 days romtender acceptance

or renewal/expiry date

Insuring Party

21(4) Defects which have been

madegood

Relevant Maintenance Period Contractor

35(2) Hold progress meetings Monthly PM

35(3) Submit reportto PM prior to

each progress meeting

5 days Contractor

35(4)Issue a statementof

progressafter each progress meeting

7days

PM

36(1) Notify Contractor of decisions

regarding extension of ime forwhole orpart ofWorks

42 daysfrom date ofnotice

byContractor

PM

36(4) Make final decision on all

outstanding and interim

extensions of time

42 days aftercompletionofWorks

PM

36(5) Notify PM ofdissatisfaction

with decision

14 daysfrom receiptofdecision

Contractor

36(5) Notify Contractor of any

amendment to decision

28 daysfrom receiptofnotification

PM

40(3) Confirm oral Instructions

in writing

7 days PM

40(5) Submit to theQSa lump sum

quotationshowing thecostofcomplying withaVI

21 days rom receiptofVI Contractor

42(3) Decide on lumpsum quotation 21 daysfrom receipt PM

42(7) Submit informationrequired byCondition41(4)

14 daysfrom request byQS Contractor

42(8) Notify Contractor ofvaluation

of aVI

28 daysfrom receiptofinformation under Condition

42(7)

QS

42(9) Notify QS of any disagreementwith valuation

14 days fromQS s notification Contractor

62 GC/\AORKS/1WITHOUT QUANTITIES l998 SCHEDULEOF TIME LIMITS




42(12) Deliverdayworkvouchers to

QSfor valuationBy end ofweek following hat

in whichwork s done

Contractor

43(2) Submit informationto QS for

valuation of other nstructions

28 daysofcomplying with

Instructions

Contractor

43(2) Notify Contractor ofamount

determined

28 days of receiptof nformation QS

43(3) Notify QS ofdisagreementwith

amountdetermined

14 daysof receipt Contractor

46(3) Provide details of expenses

incurredasa result of

prolongation and disruption

56 daysof ncurringexpense Contractor

46(5) Notify Contractor ofdecision

on expensesclaimed

28 daysfrom receiptof

informationreferredto in

Condition 46(3)(b)

QS

48A Deliverretention payment bond 28 days ofacceptanceof ender Contractor

48B(1) Deliver mobilisationpaymentbond

28 daysofacceptanceof ender Contractor

48B(1) Pay mobilisation payment 14 daysof deliveryof

mobilisation payment bondEmployer

49(2) Send copyof draft final account

to Contractor

6 months fromcertified

completion

QS

49(2) Notify agreement or

disagreementwith draft

final account

3 months from receiptofdraft final account

Contractor

50(2) Issue certificates for payment 28 daysfrom commencement

ofWorks,and then monthly

PM

50(3) Issuecertificates for payment 21 days from Contractor'sclaim PM

50(6) Pay certifiedsum 30 days fromcertification

and invoicing

Employer

SOA(1) Notify amountand basisof

each payment

5 days after due date

for payment

Paying party

50A(2) Notice of intentiontowithhold

payment

7 days beforedue date

for payment

Party servingnotice

SCHEDULEOF TIME LIMITS CC/WORKS/i WITHOUT QUANTITIES 1998) 63




52 Notice of ntentionto suspend

performance

7 daysbeforesuspension Party servingnotice

56(1) Warningnoticeof default 14 daysfrom notice Contractor

56(4) Afterdetermination ofthe

Contract,directionsmay be

given in relation to performanceor completion

Not later than 3 months fromnoticeof determination or Date

for Completion,whichever

is sooner

Employer

58(1) Warningnoticeofdefault 14 days rom notice Employer

59(3) Appointmentof adjudicatorand

named substituteadjudicator

28 days fromacceptanceof ender

Bothparties

59(4) Submissionof representationsto theadjudicator

Not later than 7 days from

receiptofnoticeof referralRecipient

59(5) Notificationof decision to PM,

QS, Employer and Contractor

Not earlier han 10 and notlater than 28 daysfrom

receiptofnoticeofreferral

Adjudicator

60(1) Notice ofarbitration 56 daysafter notificationof

adjudicator's decisionPartyservingnotice

60(2)(c) Arbitrator's timetable for

deliveryof points ofclaim,etc.

Not (without consent) oexceed 6 months fromdate

ofpreliminarymeeting

Arbitrator

60(2)(e) Awardto be made byarbitrator Not ater than 3 months fromend ofperiod in Condition

60(2)(c)

Arbitrator

66 Deliverperformance bond 21 daysfrom acceptance

of ender

Contractor

67 Deliverparentcompany

guarantee

21 days romacceptanceof ender

Contractor

NOTE: Printed time limits can be extended by agreement within the terms of Condition 1(4). Daysmeanscalendar days- see Condition1(1).

64 GCJWORKS/1WITHOUT QUANTITIES119981 SCHEDULEOF TIME LIMITS



ALPHABETICAL INDEX Item Condition

D

Item Condition DamagetoWorks 19

Damagesfor delay 55

A Datefor CompletionAcceleration 38 definitionof I

AcceptedRisks 1,8,19,36 extensions of ime 36

Account,Final 1,49 Day, definitionof IActs of Parliament 11 Daywork 42

Adjudication 59 Debris 34

Admittance to Site 26 Default

Advances 48 Contractor's 21,56

Agent, Contractor's 5 Employer's 36,58

Alterations,valuation of 40,42 Defects in Maintenance Periods 21

Antiquities 32 Definitions IArbitration 60 Delegations 4

Assignment 61 Demolition,materials from 32

Design 10B Determination

Bankruptcy 56 by Contractor 58Bond, performance 66 by Employer 56,57Bonuses 38A followingsuspensionofWorks 58A

Discrimination 23C

Dismantling, materials from 32CDM Regulations 1,11 Disruption 46Certifying Documents, Contract 2

completion Drawings 1,2,10payment 50

Clerk ofWorks 4 E

Collateralwarranties 68 Early possession 37

Commencement and completion 34 Emergencywork 54

Completion Employer,definitionof IDatefor I Employees, Contractor of 6

defects after 21 Excavations 32

delay in 55 Extensionsof ime 36ofWorks 34,36

ondetermination

56F

Confidentiality 29 Fairemployment 23

Contract,definitionof I Fairdealingand teamworking IAContract documents 2 FinalAccount 1,47,49

Contract Sum,definition of I Final Sum 1,49Contractor Financecharges 47

agent of 5 Fossils 32

definitionof I Foundations 16

employees of 6

Corruption 24 G

Cost savings 38 Guarantee,parentcompany 67

Covering work 17H

Creditsfor old materials 48Health and Safety Plan,definition of I

ALPHABETICAL NDEX GCANORKS/ WITHOUT QUANTITIES 1998) 65



Item Condition Item Condition

Pollution 14

Indemnity againstdamage 19 Possession

Injury, personal 19 early 37

Insolvency of nominated subcontractors of theSite 34

orsuppliers 63A Principal Contractor,definition of 1

Instructions Prime Cost tems 63

non-compliance with 53 Professional indemnity insurance 8A

PM s 40 Profits, loss of 19

lnsurance,general 8 Programme 1,33

Insurance,professional indemnity 8A Progress meetings 35

Intellectual property rights 12 ProjectManager ( PM )

definitionof 1

L Instructions of 40

Liquidated damages 55non-compliance with Instructions 53

Loss of profits 19 valuation ofPM s Instructions 41,42,43

Prolongation and disruption 46M ProtectionofWorks 13Maintenance Period 1,21,49 Provisional sums 64Measurement 18

Milestone 1,48 QMilestone PaymentChart 1,48 Quality 31

Mobilisationpayment 48B Quantity Surveyor (QS),definitionof I

N R

Nominated subcontractors or Racial discrimination 23

suppliers 63,63A Rates, Scheduleof INomination 63 Records 25Notices I

Recovery ofsums 51

Notices,statutory 11 RemovalofThings from Site 30,40

Nuisance 14 Re-nomination 63

Replacement of employees 60

Representatives 4Occupier's rules and regulations 22

Retention 48,48A,48C,49Officialsecrets 29

Retention payment bond 48AOldmaterials, creditsfor 48

Resident Engineer 4Omissions 40

Returns 15

Otherworks65

Risks,Accepted 1,8,19,36

PS

Parent company guarantee 67Savings,cost 38

Passes27 Scheduleof Rates IPayment Secrets,official 29

certification of 50Section,definition of I

mobilisation 48BSetting out 9

suspensionfor non-payment 52Sex discrimination 23

Things off-site, for 48CSite

withholding SOAadmittance to 26

Performance bond 66 definitionof IPersonal injury 19

possessionof 34

Photographs 28Specification,definition of I

Planning Supervisor, definitionofStage Payment Chart 1,48

66 GC1WORKS/1 WITHOUT QUANTITIES 1998) ALPHABETICAL NDEX



Item Condition

Statutorynotices 11

Strikes and industrial action 36

Subletting 62

Subcontractors and suppliers 62,63,63A

Subcontracts, determination of 62

Suspension or non-payment 52

T

Teamworking IAThings

conformity 31

for/not for incorporation Ioff-Site,payment for 48C

removal of 30,40

Time,extensions of 36

U

UnforeseeableGroundConditions 1,7

V

Valuation

ofadvanceson account 48of Instructions-principles 41

ofVariation Instructions 42ofother nstructions 43

by measurement 18VAT 45

Variations 1,40

Vesting 30

WWarranties, collateral 68

Works

certifying 39

conditionsaffecting 7

covering 17

damageto 19

definitionof Idesign of 10

insurance of 8other 65

protectionof 13

quality of 31

ALPHABETICALNDEX GC,WORKS/1WITHOUT QUANTITIES11998) 67



GC/WORKS/1 WITHOUT QUANTITIES(1998)

ABSTRACTOF PARTICULARSAND ADDENDUM

ABSTRACT OF PARTICULARS

Works:

Site:

Condition 1(1) (Definitions, etc.) Employer

The Employer shall be

of

Conditions 1(1) (Definitions, etc.): ProjectManager, and 4(1) (Delegationsand

representatives)

The ProjectManager shall be

*oflwhoseregistered office is at

who shall act generally on behalf of the Employer in carryingout those duties described in the

Contract,subject othe

followingexcluded matters:

In relation to such excluded matters, thepersonorpersons authorised toact for theEmployer are:

The PlanningSupervisor shall be

*of/whoseregistered office is at

*All theCDM Regulations apply/Only Regulations7 and 13 of theCDM Regulationsapply.

Condition 8 (Insurance)

The minimum amount nsured in respect of employer's liabilityreferredto in Condition8(2) shall not

be £10,000,000,butshall be £

In respect ofCondition8(3),Alternative*A/BIC is required.

The percentage for professional fees referred to in *Condition 8(3)(a)/theSummary of Essential

Insurance Requirements shall not be 15%, butshall be %.

The minimum amount insured in respect of public liability referred to in *Condition 8(3)(b)Ithe

Summary of Essential InsuranceRequirements shallbe £ forany oneoccurrence orseries

ofoccurrences arisingout ofoneevent.

68 GC,WORKS/1WITHOUT QUANTITIES 19981 ABSTRACTOF PARTICULARS NDADDENDUM



The formsofcertificates andSummaryof Essential Insurance Requirements referredto in Condition8 are appended.

Condition 8A (Professional indemnity insurancefor design)

Condition8A*shall/shall notapply.

*The amountofprofessional indemnity nsurance required is £

*The period during which professional indemnity insurance is required shall end years aftercertification under Condition 39 (Certifyingcompletion)of thecompletionof theWorks or the last

Section thereof in respect ofwhichcompletion s certified,or he determination of the Contract for

any reason whatsoever, ncluding (without limitation)breach by theEmployer,whichever is the earlier,and not12 years after such certification.

Condition 1 0 (Design)

*The Contractor (or a subcontractor) s required to undertake the design of the following part or

parts of theWorks:

AlternativeA s required*/

Alternative B is required*/

Tenderers are required to tender alternative pricesrespectively forAlternatives Aand B*.

The drawings, design documents and design informationshall be supplied in copies,and not2 copies.

Condition 21 (Defects in Maintenance Periods)

Other than for the services listed below, the Maintenance Period for theWorks (or each Section

where completion s required in Sections) shall be months and shall applyfrom the day

after that on which the Works (or eachSection) are completedascertifiedby thePM.

The Maintenance Period for eachof the followingservices,which shall apply rom the day after thaton which the Works (or each Section where completion of theWorks is required in Sections) are

completedascertifiedby thePM,shall be:

Service Period

months.

months.

months.

ABSTRACTOF PARTICULARS NDADDENDUM GCiWORKS/1WITHOUT QUANTITIES 1998) 69



Condition 22 (Occupier's rules and regulations)

Condition 22 *shall/shall notapply.

*The occupier's rules and regulations are appended.

Condition 27 (Passes)

Condition27*shall/shall notapply.

Condition 28 (Photographs)

Condition28*shall/shall notapply.

Condition 34 (Commencementand completion)

Period within which noticeof date of possessionto be given: Daysof theacceptanceof

the tender. (In theabsenceofnoticetheContractor maytakepossession14 Days afteracceptanceof

tender).

Period for completionof theWorks shall bethe Day after the expirationofa periodof

*weeks/months from the *date sonotified/acceptance of he tender.

Periods for completionof the Sections shall be the Day after the expiration of the period set outbelowoppositeeach Section from the *date so notified/acceptance of the tender:

Section Period

I *weeks/months.

2 *weeks/months.

3 *weeks/months

Condition 38A (Bonuses)

Condition 38A *shall/shall notapply

*The rate of bonus for earlycompletion shall be: £ per Day.

*The rates ofbonus forearlycompletion

ofeach Section shall be:

Section

I £ per Day.

2 £ perDay.

3 £ perDay.

Condition 47 (Financecharges)

The rateat which inance charges shall be payableshall be % overthe ratechargedduringthe relevant period bythe Bankof England for ending money to theclearing banks.

70 CC/WORKS/I WITHOUT QUANTITIES 1998) ABSTRACTOF PARTICULARS ANDADDENDUM



Condition 48 (Advances on account)

AlternativeA (Stage PaymentChart)*/

AlternativeB (Milestone PaymentChart)*/

AlternativeC (Valuation)*

is required.

*IfAlternativeA (Stage PaymentChart) applies, examplesof the prescribed forms ofchart and chart

banding calculationsheetare appended.

*lfAlternativeB (Milestone PaymentChart) applies, heprescribed form of chart is appended.

*lfAlternative B (Milestone Payment Chart) applies, Contractor's applications under Condition

48(2)(a)shall also include all amounts due under Condition48(2)(b)-(h).

Condition 48A (Retention payment bond)

*The Employerwill pay theContractor advanceson account without deduction of retention,provid-ed that theamountof retention so foregone bytheEmployershallnotexceed the followingRetention

Payment:£

*The prescribed formof retentionpayment bond is appended.

Condition 48B (Mobilisation payment)

Condition48B *shall/shall notapply.

*Mobilisationpayment: % of theContract Sum.

*percentage for recoveryofmobilisation payment:%.

*The prescribed form ofmobilisation payment bond is appended.

Condition 48C (Payment forThingsoff-Site) (not applicable in Scotland)

Condition 48C *shall/shall notapply.

If applicable,Condition 48C shall apply compulsorily n respect of the *whole of theWorks/only inrespect of the followingpartorparts of theWorks:

and shall *applyvoluntarily/shall notapply in respect of he restof theWorks.

Condition 50 (Certifying payments)

Theprescribed

formof certificate sappended.

Condition 55 (Liquidated damages)

Damagesfor delayshall be: £ per Day.

ABSTRACTOFPARTICULARS NDADDENDUM CC/WORKS/i WITHOUT QUANTITIES 1998) 71



Damagesfor delay in respect ofeach Section shall be:

Section

I £ per Day.

2 £ perDay.

3 £ per Day.

*Condition 58 (Determination by Contractor)

*The period ofsuspensionreferred to in Condition58(3)(e)shall notbe 182 Days,butshall

be Days.

*Condition 58A (Determination followingsuspension of Works)

*The periodofsuspension referredto in Condition58A(1) shall not be 182 Days, butshall

be Days.

**Condition 59 (Adjudication)

Theadjudicatorshall be

of

or, if he is deceased or unwillingor unable to act,or is not or ceases to be independent of the

Employer, heContractor, hePM and theQS,

of

or, if he is deceasedor unwillingor unable to act, or is not or ceases to be independent of the

Employer, heContractor,hePM and theQS;suchotherpersonasthe Employer andtheContractor

choose by mutual agreement in writing or, failing such agreement, such other person as may be

chosen by the President oraVice President of the Chartered InstituteofArbitrators (or,where the

Contract is a Scottish contract,by the Chairman or aVice Chairman of the Chartered Instituteof

Arbitrators (Arbiters) (Scottish Branch)) at the requestofeither theEmployer or the Contractor.

The prescribed formofadjudicator's appointment is appended.

**Condition 60 (Arbitration and choice of law)

The arbitrator shall be

of

or, if he is deceased or unwillingor unable to act, or is not or ceases to be independent of the

Employer, heContractor, hePM and theQS,

of

or, if he is deceased or unwillingor unable to act, or is not or ceases to be independent of the

Employer, heContractor,hePM and theQS;suchotherpersonastheEmployer andtheContractor

choose by mutual agreement in writingor, failing such agreement, such other person as may be

chosen by the President oraVice President of the Chartered InstituteofArbitrators (or,where the

Contract is a Scottish contract,by the Chairman or aVice Chairman of the Chartered Instituteof

72 GCM'ORKS'l WITHOUT QUANTITIES 1998) ABSTRACTOF PARTICULARS NDADDENDUM



Arbitrators (Arbiters) (Scottish Branch)) at the requestof either theEmployer or theContractor.

Condition 61 (Assignment)

The Employer may assign or transfer the benefit of he Contract,orany part,shareor nterest underit, either before or after/only after certification by the PM under Condition 39 (Certifyingcompletion) of the completion of the Works or the last Section thereof in respect of which

completion is certified,or the determination of the Contract for any reason whatsoever, including(without limitation)breach by theEmployer,whichever is theearlier.

Condition 62 (Subletting)

'The followingsubcontract erms and conditionsare prescribed, or the followingmodel formofsub-contract:

Condition 63A (Insolvencyof nominated subcontractorsorsuppliers)

Condition 63A *shall/shall notapply.

Condition 66 (Performance bond)


*The performance bond shall be in an amountof % of theContract Sum,and not 10%.

*The prescribed formofperformance bond is appended.

Condition 67 (Parent company guarantee)


*The prescribed form ofparentcompany guarantee is appended.

Condition 68 (Collateralwarranties)

Condition68 *shall/shall notapply.

*The prescribed formsof collateral warrantyand parentcompany guaranteeare appended.

*The period duringwhich subcontractors' professional indemnity insurance is requiredshall be the

same as that required for the Contractor's professional indemnity nsurance under Condition 8A(Professional indemnity insurance for design)/ years after certification under the MainContract of completionof theWorks or the last Section thereof in respect ofwhich completion is

certified,or thedetermination of heMain Contractforany reason whatsoever, ncluding (without lim-

itation) breach by the Employer or the Contractor,whichever s theearlier.

ContractAgreement

The prescribed formofContractAgreement s appended.

'SupplementaryConditions andAnnexes

ThefollowingSupplementary Conditionsand Annexes (ifany) are incorporatednto theConditionsofContract,and shall prevail over the otherConditionsofContract:

*Delete inapplicable tems.

ABSTRACTOF PARTICULARS ANDADDENDUM GC/WORKS/1 WITHOUT QUANTITIES 1998) 73



**The same adjudicators and arbitrators shouldbe named n all the Employer s contracts relatingtothe pro-

ject,whether with contractors, consultants or others.

***lt s recommended that any printed Conditions affectedbySupplementary Conditions should be amended

and initialledbyboth parties.

74 GCIWORKS/1WITHOUT QUANTITIES 1998) ABSTRACTOF PARTICULARS ANDADDENDUM



ADDENDUMTO ABSTRACTOF PARTICULARS

Schedule of Design Information

Information on items in Condition46(2)(a) and(b) listed below s notyetavailable but will be provided

by the PM within the periods indicated below. Items not listed will be provided n time to meet the

Contractor'sreasonable requirements where these have been notified in reasonabletime.

Item Weeks

Directionsor Instructions by theEmployer or the PM under Condition46(2)(c) will be given withintheperiods indicated below.

NominatedSubcontract **yVeeks

*Delete napplicable tems.

**The weeks arecounted rom thedateupon which theContractormaytake possessionasnotifiedtohimbythe Employer, or fromthe acceptance of he tender,whichever is provided by theAbstractofParticulars (seeCondition 34(1) (Commencement andcompletion)).

ABSTRACTOFPARTICULARS NDADDENDUM CC/WORKS/i WITHOUTQUANTITIES 1998) 75




INVITATION TO TENDERAND SCHEDULE OF DRAWINGS

INVITATION TO TENDER

Works:

Site:

1 You are invited on behalf of ( the Employer)to tender, upon thebasis of GCIWorks/1Without

Quantities 1998), or the Works described in the followingenclosed documents:

(a) Abstractof Particulars andAddendum;

(b) SupplementaryConditionsand Annexes

(ifany)referredto in the AbstractofParticulars;

(c) Specification;

(d) Drawings listed in theattached Scheduleof Drawings;

(e) Scheduleof Rates (including Stage or Milestone PaymentChart(if used));

(f) Outline Health and Safety Plan;and

(g) Otherdocuments as listed below:

Chart bandingcalculation sheet*

2 Your tendershould be submitted on the form ofTender and Tender Price Form also enclosed.

Any obviouserrors in pricingorerrors in arithmeticwill be dealt with as stated in theform of

Tender.

3 You are required to keepyour tender confidential and notdivulge to anyone,evenapproximately,

what your ender price is orwill be.The sole exception o this is informationyou may have to

give toyour nsurance company,orbroker, in orderto compile your tender, butyou muststress

to them that this information s given in strictconfidence.

4 You must not make any arrangements with anyone else about whether or not they should

tender, or about their or your tender pricesor terms and conditions.You may however, obtain

any necessarysubcontractquotations.

5 No tenderingexpenseswill be reimbursed bythe Employer.

6 Tenders received late will not be considered unless due to genuine postal delays.lf the tender

is qualified it may be set aside,or you may be required to withdraw the qualification without

amending your offer. Any proposals for alternatives to the specified requirements should be

submitted by way of a separate, unqualified, bid after checking with the Employer on the

procedure o ollow.

7 The Employer does notbind himself to accept the owest,orany, tender.

8 Your form ofTendershould be submitted in a sealed envelope prominentlymarked:

76 GCWORKS/1WITHOUT QL'ANTITIES 19981 INVITATIONTOTENDERANDSCHEDULEOF DRAWINGS



FORM OFTENDER FORWORKS:

SITE:

The envelopesshould bearnoexternal ndication of he identityof he tenderer.

8 Tendersmust be completedand returnedby a.m./p.m on

to:

SIGNED by

forand on behalf of he Employer

Tel:

Fax:

Telex:

Date:

*A chart bandingcalculation sheet will onlybe required fa Stage Payment Chart is used.

INVITATION TO TENDERANDSCHEDULEOFDRAWINGS GC,WORKS/1WITHOUTQUANTITIESU998) 77



SCHEDULE OF DRAWINGS

Drawings prepared by

Discipline

Drawing No. & DrawingTitle Date

Revision No.(ifany)

78 GC,WORKS/I WITHOUT QUANTITIES 1998) NVITATION TO TENDERANDSCHEDULEOF DRAWINGS



CC/WORKS/i WITHOUT QUANTITIES (1998)

TENDERAND TENDER PRICE FORM

TENDER

Works:

Site:

To be returnedby a.m./p.m.on to

of

1 We have examined GC/Works/1WithoutQuantities 1998), and the followingdocuments:

(a) Abstractof Particulars andAddendum;

(b) SupplementaryConditionsand Annexes (ifany) referred to in the Abstract ofParticulars;

(c) Specification;

(d) Drawings listed in theScheduleof Drawings;

(e) Scheduleof Rates(including Stage orMilestone PaymentChart (ifused));

(f)Outline Health and

SafetyPlan

(andconfirm that we will

provide a statementand details

ofhowwe plan to implement and develop it, ogetherwith detailsto establishourcompetenceand resources to complywith the requirements and prohibitions mposed upon us relativeto health and safety in theexecution and/ormanagementof theWorks);and

(g) Otherdocuments as listed below:

2 We enclose for your approval our Programme, our priced Schedule of Rates, and the otherenclosed documents,which shallbe deemed to form part ofour tender, listed below:

Chartbandingcalculation sheet, duly completed*.

3 We haveobeyed therulesaboutconfidentiality of endersand willcontinueto doso as long as

they apply.

4 We undertake to satisfytheEmployer that theprices in the ScheduleofRates are fair,and should

reasonably be usedto value Variation Instructions.

5 We agree that,should errors in pricingor errors in arithmetic be discovered in any schedulesofrates submitted by us duringconsideration of this offer, we will, n addition to the chance toconfirm the offer as tendered despite the errors, be afforded the opportunity of either - with-

drawing it -or- correctingit with appropriate explanations.'

6 Subject to and in accordancewith paragraphs 3 to 5 above and the termsand conditionscon-tained or referred to in the documents listed in paragraphs I and 2, we offer to execute theWorks referredto n thesaid documents in consideration ofpaymentbytheEmployerof hesum

shown in our accompanyingTender Price Form, which shall be deemed to form part of our

TENDERANDTENDERPRICEFORM GC,WORKS/l WITHOUT QUANTITIES 1998) 79



tender, plus reimbursement bytheEmployer ofValue Added Tax in accordancewithCondition45

(VAT).

7 (only applicable ifAbstract of Particulars states that Condition 8A (Professional

indemnity insurance ordesign) shall apply)

Our professional indemnity nsurance is at least that required by theAbstract of Particulars.

Detailsof the nsurance are as follows:

Insurers:

Policy No.:

Renewal Date:

8 (only applicable fAbstractof Particulars statesthatpaymentwill be madewithout

deduction ofretentionunder Condition 48A (Retention payment bond) and/or that

a mobilisation payment will be made under Condition 48B (Mobilisation payment)

and/or thatCondition 66 (Performancebond) shall apply)

Our surety/sureties will be Limited/PLC,

whoseregistered office s at

9 (onlyapplicableifAbstractof Particulars statesthatCondition 67 (Parent company

guarantee)shallapply)

Our ultimate holding company (ifany) is Limited/PLC,

(No. ),whose registered office s at

10 We undertake, within 21 days of being so required by the Employer,to enter nto a ContractAgreementwith theEmployer in duplicate (as a Deed, ifso required bythe Employer) in the orm

included in the said documents.

11 We agreethatdifferencesorquestions arisingoutofor relatingto theContractshall be resolved

in accordance with Conditions59 (Adjudication) and 60 (Arbitration and choice of law) of he

General Conditions.

SIGNED by

for and on behalf of

Tel:

Fax:

Telex:

Date:

*A chartbanding

calculation sheet willonly

be

required fa Stage Payment Chart is used.

**Employer to delete whichof he 2 options will not be offered before ssuing tender documents.

80 Gc,WORKS/1 WITHOUT QUANTITIES 19981 TENDERANDTENDERPRICEFORM



TENDER PRICE FORM

Works:

Site:

To be returnedby a.m./p.m.on to

of

The sum referredto in ouraccompanying ormofTender is pounds ( )*/

The sum referred to in our accompanying form ofTender s pounds ( ) ifCondition 10 (Design) (AlternativeA) applies,or pounds ( ) if Condition 10

(Design) (AlternativeB) appties*.

We enclose theMilestonePaymentChart,duly completed*.

SIGNED by

for and on behalf of

Tel:

Fax:

Telex:

Date:

*Ernployer o delete napplicable temsbefore ssuing tender documents.

TENDERANDTENDERPRICEFORM GCiWORKS/1WITHOUT QUANTITIESU9981 81




CONTRACTAGREEMENT (ENGLAND,WALES& NORTHERN

IRELAND)

Works:

Site:

THISAGREEMENTmade the day of

BETWEEN:

(1)

of

('the Employer'); and

(2)

[of] OR [whose egistered office s at]

('the Contractor');

INCORPORATES the General Conditionsof Contract for Building & Civil EngineeringMajorWorks

GCIWorks/1WithoutQuantities 1998),and the otherdocuments comprising the Contractas defined

in theGeneralConditions, copies ofall ofwhich are annexed orhave been signed for dentificationpurposes byoron behalfof the Employer and the Contractor.Any disputes,differences orquestions

arising out of or relating to the Contract shall be resolved in accordance with Conditions 59

(Adjudication) and 60 (Arbitration and choice of law) of he General Conditions.

INWITNESS whereofthe parties have executed this Agreement n duplicate on the date first stated

above.

82 GC,WORKS/1 WITHOUT QUANTITIES 19981 CONTRACT AGREEMENTENGLND,WALESANDNORTHERN RELAND)




CONTRACTAGREEMENT(SCOTLAND)

Works:

Site:

AGREEMENT

BETWEEN:

(1)

of('theEmployer'); and

(2)

[of] OR [whose egistered office s at]

('the Contractor');

WHEREAS theEmployer has agreedto employ theContractor to undertake theexecution and com-

pletionof heWorks as defined in the Conditionshereinafter pecified,and theContractor has agreed

to do so;

THEREFORE he Employer and theContractor HAVEAGREED and DO HEREBYAGREE as follows:

1. TheWorks shall be completed n accordancewith and the rightsand duties of theEmployer and

the Contractor shall be regulated by:

1.1 the General Conditions of Contract for Building & Civil Engineering Major Works

GC/Works/1WithoutQuantities (1998) ('the Conditions');

1.2 theAbstractofParticulars annexed hereto;

1.3 *the Supplementary Conditions referred to in the Abstract of Particulars and annexed

hereto;

1.4 *theAnnexe(s) referred to in the AbstractofParticulars and annexed hereto;

1.5 the Specificationannexed hereto;

1.6 the Drawings listed in theScheduleof Drawings annexed and signed as relative hereto;

1.7 the Scheduleof Rates annexed hereto;

1.8 the Programme annexed hereto;

1.9 the Contractor's ender dated annexed hereto;and

1.10 theEmployer's letter ofacceptance dated annexed hereto;

all ofwhichare held to be incorporated n and form partof theContract.

CONTRACT AGREEMENTSCOTLAND GC,WORKS/1WITHOUT QUANTITIES 1998 83



2. Any disputes,differencesorquestions arisingoutofor relating to theContractshall be resolved

in accordance with Conditions59 (Adjudication)and 60 (Arbitration and choice of law) of the

Conditions.

3 Bothpartiesconsent to registrationhereof for preservation and execution.

IN WITNESS WHEREOF these presents typewritten on this and the preceding [ ] page[s] are

executed as follows:

*Delete inapplicable tems.

84 GCM/ORKSI1 WITHOUT QUANTITIES 1998) CONTRACTAGREEMENT SCOTLAND



ACKNOWLEDGEMENTS

The Government agency responsible for hisdocument s -

PropertyAdvisers o theCivil Estate (PACE)

TrevelyanHouse

Great PeterStreet

London SWIP 2BY

Tel: (0171) 271 2833 Fax: (0171) 271 2715

The development of his documentwas directedand greatlyaided bya sub-group of thePACEJointUsers' Group (JUG ) ofGovernmentDepartments, consistingof -

Bruce Perry PACECentralAdviceUnit (Chairman)

RobertBoyd Department

of he Environment for NorthernIrelandConstructionService

Charles Branch DepartmentofTrade and Industry

Ian Campbell TheScottish Office

Mike Frazer BenefitsAgency Estates

John Garnett Consultant o the MinistryofAgriculture,Fisheries and Food

Jeff Hogg Lord Chancellor'sDepartment

JayJayasundara HMTreasury (Procurement Practice& Development Group,

formerly Central Unit on Procurement)

LynneJones The BuyingAgency

Graham Mason Prison Service

Deric Mclier Departmentof he Environment for Northern Ireland

ConstructionService

RobertPilling PACECentralAdvice Unit

David Reid HomeOffice

Bill Robinson Employment Service

RichardWhittaker English Heritage

LesWilson British NuclearFuels plc

David Woolger Inland Revenue

NeilWright BenefitsAgency Estates

HarryYeabsley Ministryof Defence

ACKNOWLEDGEMENTS GC,WORKS/1WITHOUT QUANTITIES 1998) 85



Thesubstantivedraftingand legal advice and assistancenecessaryfor the preparation of his document

was principally provided byAndrew Pikeof-

Pinsent Curtis

Solicitors

3 Colmore Circus

Birmingham B4 6BH

Advice on Scots lawwas providedby David Henderson of-

MacRoberts

Solicitors

152Bath Street

Glasgow G2 4TB

Advice on Northern Ireland lawwas provided by-

Departmental Solicitor's Office

Departmentof Finance & Personnel

Victoria Hall

12 May Street

BelfastBTI 4NL

Advice on riskand insurance matterswas provided byRobin Keelingof -

Aon Group Limited

ConstructionDivision

15 Minories

LondonEC3N

INJ

Constructionconsultancy advice was provided by BrendanMurphyof-

Tarmac Services

The Lansdowne Building

Lansdowne Road

CroydonCR0 2BX

Printed n the United Kingdom or heStationeryOffice

J0042757 3/98 C25 10170

86 GC,WORKS/1WITHOUT QUANTITIES 1998) ACKNOWLEDGEMENTS



PublishedbyThe Stationery Office and available rom:

ThePublications Centre

(mail,telephone and fax orders nly)

P0 Box 276, LondonSW8 5DT

Generalenquiries0171 8730011

Telephone orders 0171 873 9090

Fax orders0171 873 8200

The Stationery OfficeBookshops59—60Holborn Viaduct,LondonEC1A 2FD

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