Common use of Carried Forward R Clause in Contracts

Carried Forward R. Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES BVI CONSULTING ENGINEERS Brought Forward R 32 Adjustment to the contract value (clause 32) F:........................ V:........................ T:........................ Where prices are submitted by the contractor or nominated/selected subcontractors during the progress of the works in respect of contract instructions or in regard to a claim under the terms of the contract and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing Item 33 Recovery of expense and loss (clause 33) F:........................ V:........................ T:........................ Item 34 Final account and final payment (clause 34) F:........................ V:........................ T:........................ The employer shall not pay any interest on amounts payable to the contractor for one hundred and forty two (142) days after the date of issue of the certificate of practical completion The employer shall, however, pay interest to the contractor at the rate stipulated in clause 34.11 on any amounts payable to the contractor more than one hundred and forty two (142) days after the date of issue of the certificate of practical completion but only for such period as the settlement of the final account is delayed by the non-performance of the principal agent or the employer or his agents. In evaluating non-performance for purposes of this clause a reasonable time shall be allowed to the employer or his agents to respond to any matter brought to his/their attention and which may affect the settlement of the final account Item Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES

Carried Forward R. Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES BVI MANKGA LERAGA CONSULTING ENGINEERS Brought Forward R 32 Adjustment to the contract value (clause 32) F:........................ V:........................ T:........................ Where prices are submitted by the contractor or nominated/selected subcontractors during the progress of the works in respect of contract instructions or in regard to a claim under the terms of the contract and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing Item 33 Recovery of expense and loss (clause 33) F:........................ V:........................ T:........................ Item 34 Final account and final payment (clause 34) F:........................ V:........................ T:........................ The employer shall not pay any interest on amounts payable to the contractor for one hundred and forty two (142) days after the date of issue of the certificate of practical completion The employer shall, however, pay interest to the contractor at the rate stipulated in clause 34.11 on any amounts payable to the contractor more than one hundred and forty two (142) days after the date of issue of the certificate of practical completion but only for such period as the settlement of the final account is delayed by the non-performance of the principal agent or the employer or his agents. In evaluating non-performance for purposes of this clause a reasonable time shall be allowed to the employer or his agents to respond to any matter brought to his/their attention and which may affect the settlement of the final account Item Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES

Carried Forward R. Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES BVI CONSULTING ENGINEERS Preliminaries & General Brought Forward R 32 Adjustment Tenant installation/user requirements delayed There is a possibility that certain works related to the contract value (clause 32) F:........................ V:........................ T:........................ Where prices are submitted by tenant installation/user requirements may have to be delayed and may consequently not be executed prior to practical completion Should the contractor or nominated/selected subcontractors during be instructed to do so he shall execute this work under the progress conditions pertaining to this agreement on the basis that a separate amount for preliminaries appurtenant to this work (if applicable) is agreed to between the contractor and the principal agent and on condition that instruction to proceed with such work is given to him within a period of three (3) calendar months after the date of practical completion of the works in respect of contract instructions or in regard to a claim under the terms of the contract and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing Item 33 Recovery of expense and loss (clause 33) F:........................ V:........................ T:........................ Item 34 Final account and final payment (clause 34) F:........................ V:........................ T:........................ The employer shall not pay any interest on amounts payable reserves the right to omit such work without compensation to the contractor for one hundred and forty two (142) days after the date loss of issue of the certificate of practical completion The employer shall, however, pay interest to profit or any other loss which the contractor at the rate stipulated in clause 34.11 on any amounts payable to may suffer as a result of such omission ? Cost of claims All costs incurred by the contractor more than one hundred and forty two (142) days after in the date preparation of issue of the certificate of practical completion but only for such period as the settlement of the final account is delayed claims shall be borne by the non-performance contractor. This provision shall not preclude an adjudicator or an arbitrator appointed in terms of this agreement [30.6 & 7] from making a determination on costs Claims from subcontractors The contractor shall review, assess and adjudicate any claims received by him from any subcontractor and thereafter submit same to the principal agent or with a recommendation in order to assist the employer or his agents. In evaluating non-performance for purposes principal agent in adjudicating the claim [26.6] F:............................. V:............................ T:............................ Item 27 Clause 27.0 - Recovery of this clause a reasonable time shall be allowed to expense and/or loss F:............................. V:............................ T:............................ Item Suspension and termination (A28 - A29) 28 Clause 28.0 - Suspension by the employer or his agents to respond to any matter brought to his/their attention and which may affect the settlement of the final account Item contractor Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIESPreliminaries & General Brought Forward R F:............................. V:............................ T:............................ 29 Clause 29.0 - Termination Item F:............................. V:............................ T:............................ Item Dispute resolution (A30) 30 Clause 30.0 - Dispute resolution F:............................. V:............................ T:............................ Item

Carried Forward R. Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES BVI CONSULTING ENGINEERS Brought Forward R 32 Adjustment 110 Confidentiality The contractor undertakes to maintain in confidence any and all information regarding this project and shall obtain appropriate similar undertakings from all subcontractors and suppliers. Such information shall not be used in any way except in connection with the contract value (clause 32) execution of the works No information regarding this project shall be published or disclosed without the prior written consent of the employer F:........................ VV:.........................T:......................... Item 111 Media releases All rights of publication of articles in the media, together with any advertising relating thereto or in any way connected with this project, shall vest with the employer The contractor together with his subcontractors shall not, without the prior written consent of the employer, cause any statement or advertisement connected with this project to be printed, screened or aired by the media F:........................ V:.........................T:........................ Where prices ......................... Item SUMMARY OF CATEGORIES Category : Fixed R........................................ Category : Value R........................................ Category : Time R........................................ Carried to Final Summary R Item No SECTION NO. 2 Quantity Rate BILL NO. 1 ALTERATIONS TO 3-CLASSROOM BLOCK: BLOCK C SUPPLEMENTARY PREAMBLES NOTE: Contractors are submitted by advised to study the contractor Model Preambles for Trades and PW371 Carried Forward R Amount Brought Forward R All Tenderers will be deemed to have visited the site prior to submitting their tender to determine the nature and extent of the alteration and demolition work and the value of the materials to be recovered. No claim for a variation in the credit allowance for recoverable materials in respect of demolition items will be considered. All sizes and dimensions stated herein are approximate and deemed only sufficient to identify the item of work concerned. In taking down and removing existing work the utmost care must be taken to avoid any structural or nominatedother damage to the remaining portions of the building and the Contractor shall provide all shoring, needling, strutting, etc to ensure the stability of all structures during the alteration/selected subcontractors demolition work. The Contractor will be held solely responsible for the safety and stability of the buildings for the whole period of the contract and must make good any damage at his own expense. Existing services must be maintained at all times to the existing buildings. If it is found necessary to disconnect any service then suitable temporary or alternate services must be provided to the existing buildings. Special care shall be exercised during the progress of the works in respect of contract instructions work to ensure that any electrical installation, water supply pipes, telephone and other services which may be encountered are not interfered with and notice must be given to the Principal agent if any disconnection or in regard alterations become necessary. The Contractor shall cover up and protect from injury all work not removed and shall make good at his own expense any damage that may occur. Any water supply or other piping, etc that may be encountered and found necessary to a claim under disconnect or cut are to be effectually stopped off and any new connections that may be necessary shall be made with the terms proper fittings to the satisfaction of the contract Principal Agent. Where sanitary fittings, geysers, etc are to be removed the Contractor shall allow for removing all exposed waste or water supply pipes to the nearest suitable junction or connection and notwithstanding stopping off, as well Carried Forward R Brought Forward R as for making good plaster, screeds, etc. Prices for the fact that such prices may be used in an interim payment certificateremoval of concrete slabs, there etc must include for removal of reinforcement, screeds, membrane waterproofing, conduits, etc. Prices for the removal of concrete surface beds, etc must include for removal of reinforcement, screeds, conduits, damp proof membrane, etc. The Contractor is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue note that removal of the final certificateexisting floor finishes such as vinyl, it will carpets, ceramic tiles, etc has been measured separately. Taking down existing walls is to include for skirtings, cornices, conduits, pipes, brick or concrete fins, lintels, etc built into the structure and for making good walls, floors, ceilings, etc as described. The Contractor is to note that items for the removal of joinery, etc such as shelves, pelmets, curtain rails, pinning boards, signage, etc has been measured separately. Removal of doors, windows, fittings, etc is to include for their removal complete with frames, ironmongery, glass, quadrants, architraves, skirtings, burglar bars and all accessories to walls, reveals, around openings, for cutting out cills, etc, for hacking up flooring at openings and for making good. Removal of sanitary fittings is to include for the removal and blocking off of service pipes, taps, traps, fixing brackets, cisterns, etc complete. Building up of existing openings where given in number shall be in writing Item 33 Recovery of expense deemed to include preparing existing surfaces all round, brickwork properly toothed and loss (clause 33) F:........................ V:........................ T:........................ Item 34 Final account bonded to existing and final payment (clause 34) F:........................ V:........................ T:........................ The employer shall shot pinned to concrete, wedging up and unless otherwise stated making good finishes on both sides to match existing. Allow for watering the works sufficiently to prevent nuisance from dust. OLD MATERIALS TO BE CARTED AWAY: Old materials from the alterations, except where described to be re-used or handed over, as well as all rubbish, rubble, debris etc., must be regularly carted from the site and not pay any interest on amounts payable to the contractor for one hundred and forty two (142) days after the date of issue of the certificate of practical completion The employer shall, however, pay interest to the contractor at the rate stipulated in clause 34.11 on any amounts payable to the contractor more than one hundred and forty two (142) days after the date of issue of the certificate of practical completion but only for such period as the settlement of the final account is delayed by the non-performance of the principal agent or the employer or his agents. In evaluating non-performance for purposes of this clause a reasonable time shall be allowed to accumulate on or around the employer or his agents to respond to any matter brought to his/their attention and which may affect the settlement of the final account Item site. Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIESR

Carried Forward R. Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES BVI CONSULTING ENGINEERS Preliminaries Brought Forward R 32 Adjustment Tenant installation/user requirements delayed There is a possibility that certain works related to the contract value (clause 32) F:........................ V:........................ T:........................ Where prices are submitted by tenant installation/user requirements may have to be delayed and may consequently not be executed prior to practical completion Should the contractor or nominated/selected subcontractors during be instructed to do so he shall execute this work under the progress conditions pertaining to this agreement on the basis that a separate amount for preliminaries appurtenant to this work (if applicable) is agreed to between the contractor and the principal agent and on condition that instruction to proceed with such work is given to him within a period of three (3) calendar months after the date of practical completion of the works in respect of contract instructions or in regard to a claim under the terms of the contract and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing Item 33 Recovery of expense and loss (clause 33) F:........................ V:........................ T:........................ Item 34 Final account and final payment (clause 34) F:........................ V:........................ T:........................ The employer shall not pay any interest on amounts payable reserves the right to omit such work without compensation to the contractor for one hundred and forty two (142) days after the date loss of issue of the certificate of practical completion The employer shall, however, pay interest to profit or any other loss which the contractor at the rate stipulated in clause 34.11 on any amounts payable to may suffer as a result of such omission ? Cost of claims All costs incurred by the contractor more than one hundred and forty two (142) days after in the date preparation of issue of the certificate of practical completion but only for such period as the settlement of the final account is delayed claims shall be borne by the non-performance contractor. This provision shall not preclude an adjudicator or an arbitrator appointed in terms of this agreement [30.6 & 7] from making a determination on costs Claims from subcontractors The contractor shall review, assess and adjudicate any claims received by him from any subcontractor and thereafter submit same to the principal agent or with a recommendation in order to assist the employer or his agents. In evaluating non-performance for purposes principal agent in adjudicating the claim [26.6] F:............................. V:............................ T:............................ Item 27 Clause 27.0 - Recovery of this clause a reasonable time shall be allowed to expense and/or loss F:............................. V:............................ T:............................ Item Suspension and termination (A28 - A29) 28 Clause 28.0 - Suspension by the employer or his agents to respond to any matter brought to his/their attention and which may affect the settlement of the final account Item contractor Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIESPreliminaries Brought Forward R F:............................. V:............................ T:............................ 29 Clause 29.0 - Termination Item F:............................. V:............................ T:............................ Item Dispute resolution (A30) 30 Clause 30.0 - Dispute resolution F:............................. V:............................ T:............................ Item

Carried Forward R. Section No. 1 PRELIMINARIES AND GENERAL Preliminaries and General Bill No. 1 PRELIMINARIES BVI CONSULTING ENGINEERS Preliminaries and General Brought Forward R 32 Adjustment to the contract value (clause 32) F:........................ V:........................ T:........................ Prices submitted Where prices are submitted by the contractor or nominated/selected subcontractors subcontractor during the progress of the works in respect of contract instructions or in regard to a claim under the terms of the contract agreement and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent wish to accept any such prices prior to the issue of the certificate of final certificatecompletion, it will shall be in writing F:............................. V:............................ T:............................ Item 33 27 Clause 26.0 - Adjustment of the contract value and final account Cost of claims All costs incurred by the contractor in the preparation of claims shall be borne by the contractor The contractor shall review, assess and adjudicate any claims received by him from any subcontractor and thereafter submit same to the principal agent with a recommendation to assist the principal agent in adjudicating the claim [26.6] F:............................. V:............................ T:............................ Item 28 Clause 27.0 - Recovery of expense and and/or loss (clause 33) F:........................ ............................. V:........................ ............................ T:........................ ............................ Item 34 Final account Suspension and final payment termination (clause 34A28 - A29) 29 Clause 28.0 - Suspension by the contractor F:........................ ............................. V:........................ ............................ T:........................ The employer shall not pay any interest on amounts payable to the contractor for one hundred and forty two (142) days after the date of issue of the certificate of practical completion The employer shall, however, pay interest to the contractor at the rate stipulated in clause 34.11 on any amounts payable to the contractor more than one hundred and forty two (142) days after the date of issue of the certificate of practical completion but only for such period as the settlement of the final account is delayed by the non-performance of the principal agent or the employer or his agents. In evaluating non-performance for purposes of this clause a reasonable time shall be allowed to the employer or his agents to respond to any matter brought to his/their attention and which may affect the settlement of the final account ............................ Item Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES30 Clause 29.0 - Termination F:............................. V:............................ T:............................

Carried Forward R. Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES BVI CONSULTING ENGINEERS Preliminaries & General Mzamasi Solutions Brought Forward R 32 PAYMENT (A31 - A35) 1/1/30 Clause 31.0 - Interim payment. Subclause 31.6.5 is hereby deleted in its entirety and substituted with the following: "The inclusion of materials and goods stored off site in the amount authorised for payment in terms of subclause 31.4 shall be at the sole discretion of the principal agent and such inclusion shall only be considered upon the provision, by the contractor, of an approved guarantee issued by a registered commercial bank." Subclause 31.9 is amended by the following: The reference in the second line to "seven (7) calendar days" shall be amended to "twenty one (21) calendar days on invoice". Subclause 31.11 is amended by the following: The reference in the last line to "one hundred and sixty percent (160%)" shall be amended to "the prevailing prime interest rate as determined by the SA Reserve Bank". Subclause 31.12 is amended by the following: The reference in the last line to "one hundred and sixty percent (160%)" shall be amended to "the prevailing prime interest rate as determined by the SA Reserve Bank". Clause 31.13.2 is deleted in its entirety. F:.......................... V:......................... T:......................... Item Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 Preliminaries & General Mzamasi Solutions Brought Forward R 1/1/31 Clause 32.0 - Adjustment to the contract value (clause 32) F:........................ V:........................ T:........................ value. Subclause 32.1 is hereby amended with the addition of the following: "Where prices are submitted by the contractor Contractor or nominatedN/selected subcontractors S subcontractor during the progress of the works in respect of contract instructions or in regard to a claim under the terms of the contract agreement and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptance. Should the principal agent Principal Agent wish to accept any such prices prior to the issue of the certificate of final certificatecompletion, it will shall be in writing Item 33 Recovery of expense and loss (clause 33) F:........................ V:........................ T:........................ Item 34 Final account and final payment (clause 34) F:........................ V:........................ T:........................ The employer shall not pay any interest on amounts payable to the contractor for one hundred and forty two (142) days after the date of issue of the certificate of practical completion The employer shall, however, pay interest to the contractor at the rate stipulated in clause 34.11 on any amounts payable to the contractor more than one hundred and forty two (142) days after the date of issue of the certificate of practical completion but only for such period as the settlement of the final account writing." Subclause 32.6 is delayed hereby amended by the non-performance of following: The reference in the principal agent or the employer or his agents. In evaluating non-performance for purposes of this clause a reasonable time first line to "forty (40) working days" shall be allowed amended to the employer or his agents to respond to any matter brought to his/their attention and which may affect the settlement of the final account Item Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES"twenty (20) working days".

Carried Forward R. Brought Forward R 1/1/79 Progress Meetings (C11). The Contractor shall be responsible, in conjunction with the Principal Agent, for arranging progress meetings. The Principal Agent will determine the times and frequency of such meetings. The Contractor shall report on his own and all Sub-Contractors progress and on all matters affecting progress and the execution of the Works. The Contractor shall convene additional regular meetings with his Sub-Contractors and suppliers in order to monitor their progress and discuss and co-ordinate all aspects of the Contract and shall prepare minutes of all meetings, which shall be distributed to the Principal Agent and all other Agents employed on the Contract. F:.......................... V:......................... T:......................... Item 1/1/80 Technical Meetings (C12). The Contractor shall arrange regular separate meetings to review technical matters with Sub-Contractors prior to the Progress Meetings of consideration as necessary as such Progress Meetings. The minutes of these meetings are to be distributed to the Professional Team prior to Progress Meetings. The Principal Agent shall be allowed to attend Sub-Contractors meetings. F:.......................... V:......................... T:......................... Item 1/1/81 Labour record (Clause C13). At the end of every second week the contractor shall provide the Principal Agent with a written record, in schedule form, reflecting the number and description of tradesmen and labourers employed by him and all Subcontractors on the works each day. F:.......................... V:......................... T:......................... Item Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES BVI CONSULTING ENGINEERS Preliminaries & General Mzamasi Solutions Carried Forward R Brought Forward R 32 Adjustment to 1/1/82 Plant record (Clause C14). At the contract value (clause 32) end of every second week the Contractor shall provide the Principal Agent with a written record, in schedule form, reflecting the number, type and capacity of all plant, excluding hand tools, currently used on the works. F:........................ .......................... V:........................ ......................... T:........................ Where prices are submitted by ......................... Item 1/1/83 Safety helmets (Clause C15). The contractor shall provide and keep on site an adequate supply of clean safety helmets for the contractor or nominated/selected subcontractors during the progress use of the works in respect of contract instructions or in regard to a claim under the terms of the contract all Employers' agents and notwithstanding the fact that such prices may be used in an interim payment certificate, there is to be no presumption of acceptanceauthorised visitors. Should the principal agent wish to accept any such prices prior to the issue of the final certificate, it will be in writing Item 33 Recovery of expense and loss (clause 33) F:........................ .......................... V:........................ ......................... T:........................ Item 34 Final account and final payment (clause 34) F:........................ V:........................ T:........................ The employer shall not pay any interest on amounts payable to the contractor for one hundred and forty two (142) days after the date of issue of the certificate of practical completion The employer shall, however, pay interest to the contractor at the rate stipulated in clause 34.11 on any amounts payable to the contractor more than one hundred and forty two (142) days after the date of issue of the certificate of practical completion but only for such period as the settlement of the final account is delayed by the non-performance of the principal agent or the employer or his agents. In evaluating non-performance for purposes of this clause a reasonable time shall be allowed to the employer or his agents to respond to any matter brought to his/their attention and which may affect the settlement of the final account Item Carried Forward R Section No. 1 PRELIMINARIES AND GENERAL Bill No. 1 PRELIMINARIES......................... Item