MInor alteration and conversion works
of <SCHOOL NAME
Conditions of Contract
School Ref. No. XXXXX
1.Definitions and Interpretation
"Contract" means the Quotation and the acceptance thereof by the Employer, Drawings, Particular Specification, Materials Schedule, Site Information Schedules and priced Schedule of Rates.
"Contractor" means the person, firm or company whose Quotation has been accepted by the Employer and includes the Contractor's personal representatives, and successors.
"Employer" means the School Name.
"Employer's Representative"means the School Supervisor/Principal of School Nameor such other person as may be appointed from time to time by theSchool and notified to the Contractor
"Service Order" means the Firm Order or Letter of Acceptance for work issued to the Contractor by the school.
"Site" means the lands and other places provided by the Employer for the purpose of the execution of the Works.
"Specification" means the specifications referred to in the Contract and any modification thereof or addition thereto as may from time to time be furnished or approved in writing by the Employer’s Representative.
"Works" means all the works and things to be executed, supplied and or carried out by the Contractor under the Contract.
2.Extent of Contract
The Contractor shall, subject to the provisions of the Contract, execute the Works and provide all services, labour, materials, equipment, transport to and from the Site or in and about the Works and everything whether of a temporary or permanent nature required in and for such execution so far as the necessity for providing the same is specified in or reasonably to be inferred from the Contract.
The Contractor shall be deemed to have satisfied himself before submitting his Quotation as to the correctness and sufficiency of his Quotation for the Works and of the rates stated therein, which rates shall except in so far as it is otherwise provided in the Contract, cover all his risks, liabilities and obligations set out or implied in the Contract and all matters and things necessary for the proper execution of the Works.
3.Duties and Powers of the Employer’s Representative
a.The Employer’s Representative shall carry out such duties as are specified in the Contract with due expedition. The Contractor shall take instructions, orders or directions only from the Employer’s Representative.
4.General Obligations of the Contractor
a.Design Responsibility
Except as may be provided for in the Contract, the Contractor shall be responsible for the design of the Works and shall in completing the designs use all necessary skill and care. The Contractor shall ensure that all Works are fit for the purpose intended by the Contract.
b.Inspection of the Site
i.The Contractor shall be deemed to have inspected and examined the Site and its surroundings and to have satisfied himself, before submitting his Quotation, on all matters affecting his Quotation and the execution of the Works.
ii.No claim by the Contractor for additional payment shall be allowed on the ground of any misunderstanding in respect of the matters referred to in sub-clause (i) of this Clause or otherwise or on the ground of any allegation or fact that incorrect or insufficient information was given to him by any person whether in the employ of the Employer or not, or on the ground that he did not or could not foresee any matter which may in fact affect or have affected the execution of the Works.
c.Work to be to the Satisfaction of the Employer’s Representative
Save in so far as it is legally or physically impossible the Contractor shall execute, complete and maintain the Works in strict accordance with the Contract to the satisfaction of the Employer’s Representative and shall comply with the Employer’s Representative's instructions on any matter related to the Contract, whether mentioned in the Contract or not.
d.Care of the Works and Cleanliness at the Site
From the commencement to the completion of the Contract, the Contractor shall take full responsibility for the care of the Works and, for the care of any materials, equipment and things on the Site for the purpose of the Works. In case any damage, loss or injury shall happen to the Works contained therein or to any part thereof from any cause whatsoever, the Contractor shall at his own cost repair and make good the same and also remove wire ends and rubbish created out of the Works, so that at completion of the Contract the Works contained therein shall be in good order and condition and in conformity in every respect with the requirements of the Contract and the Employer’s Representative's instructions.
e.Damage to Persons and Property
i.The Contractor shall, except when directly caused by the acts or omissions of the Employer, indemnify and keep indemnified the Employer against all losses and claims for injury or damage to any person or property whatsoever, which may arise out of or in consequence of the execution of the Works and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.
ii.The Contractor shall make good or at the option of the Employer shall pay to the Employer the cost of making good any damage, loss or injury which may occur to any property of the Employer and shall recompense the Employer in respect of any damage, loss or injury which may occur to any employee of the Employer by or arising out of or in consequence of the execution of the Works or in the carrying out of the Contract.
f.Safety and Security of the Works
i.The Contractor shall throughout the progress of the Works take full responsibility for the adequate stability and safety of all his operations on the Site and have full regard for the safety of all persons on the Site. The Contractor shall keep the Site and the Works in an orderly state appropriate to the avoidance of danger to all persons.
ii.The Contractor shall in connection with the Works provide all lights, guards, fences and warning signs and provide watchmen where and where necessary or required by the Employer’s Representative or by any competent statutory or other authority for the protection of the Works or for the safety and convenience of the public or others.
iii.The Contractor shall ensure that all parts of the Site where work is being carried out are so lighted as to ensure the safety of all persons on or in the vicinity of the Site and of such work.
5.Commencement, Completion and Acceptance of the Works
a.The Contractor shall commence the Works on the date of commencement of the Works as stated in the Service Order or as notified in writing by the Employer’s Representative or Employer’s Representative's Representative.
b.The Works and any part thereof shall be completed within the time or times stated in the Tender Form calculated from and including the date of commencement unless an extension of time is granted by the Employer’s Representative.
c.The Employer’s Representative shall notify the Contractor in writing the date of acceptance of the Works.
6.Remedy on Contractor's Failure to Perform
If the Contractor fails to carry out any work required under the Contract or refuses to comply with any instruction or order given by the Employer’s Representative in accordance with the Contract within a reasonable time, the Employer’s Representative may give the Contractor 14 days' notice in writing to carry out such work or comply with such instruction. If the Contractor fails to comply with such notice, the Employer shall be entitled to carry out such work or instruction by his own workmen or by other contractors. Without prejudice to any other remedy, all additional expenditure properly incurred by the Employer in having such work or instruction carried out shall be recoverable by the Employer from the Contractor by deduction from monies due to the Contractor under this Contract or under any other contract between the Employer and the Contractor.
7.Guarantee
The Contractor shall fully guarantee that the Works and any part will perform as contemplated under theContract commencing from the date of acceptance of the Works by the Employer’s Representative.
8.Payment and Price Fluctuation
Payment will be made in full within 30 days after the completion of Works and submission of test reports as required under the Contract and the acceptance of the Works by the Employer’s Representative. No adjustment shall be made to the sum of the Quotation on account of any price fluctuation.
9.Site Safety
The Employer shall not be liable for or in respect of any damages or compensation payable at law in respect of or in consequence of any accident or injury to any worker or other person in the employ of the Contractor or any sub-contractor save and except an accident or injury resulting from any act or default of the Employer, his agents or employees and the Contractor shall indemnify and keep indemnified the Employer against all such damages and compensation, save and except as aforesaid and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto.
In the event of any worker or other person employed on the Works or in connection with the Quotation whether in the employ of the Contractor or a sub-contractor suffering any personal injury and whether there be a claim for compensation or not, the Contractor shall, without delay, notify the Commissioner for Labour in such form and manner as required by the Employees’ Compensation Ordinance (Chapter 282).
10.Variations
The Employer’s Representative shall order any variation to any part of the Works that is necessary for the completion of the Works and shall have the power to order any variation that for any other reason shall in his/her opinion be desirable for or to achieve the satisfactory completion and functioning of the Works. Such variations may include: additions, omissions, substitutions, alterations, changes in quality, form, character, kind, position, dimension, level or line;changes to any sequence, method or timing of construction specified in the Quotation.
No variation shall be made by the Contractor without an order in writing by the Employer’s Representative. No variation shall in any way vitiate or invalidate the Quotation but the value of all such variations shall be valued based on the submitted Schedule of Rates.
11.Failure of the Contractor
If the Employer’s Representative in his opinion the Contractor:-
- has abandoned the Contract; or
- without reasonable excuse has failed to commence the Works or has suspended the progress of the Works; or
- is not performing the Works in accordance with the Contract or is persistently or flagrantly neglecting to carry out his obligation under the Contract,
The Employer’s Representative may give the Contractor 7 days’ notice in writing to carry out such work or comply with such instruction. If the Contractor fails to comply with such notice, the Employer shall be entitled to terminate the Contract or to carry out such work or instruction by its own workmen or by other Contractors. Without prejudice to any other remedy, all additional expenditure properly incurred by the Employer in having such work or instruction carried out shall be recoverable by the Employer from the Contractor.
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