Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor: (a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data. (b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract. (c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time. (d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects. (e) The Engineer unreasonably does not approve for a subcontract to be let. (f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site. (g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons. (h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor. (i) The advance payment is delayed. (j) The effect on the Contractor of any of the Employer’s Risks. (k) The Engineer unreasonably delays issuing a Certificate of Completion. (l) Other Compensation Events listed in the Contract Data or mentioned in the Contract. 44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended. 44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event. 44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 38 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayedDeleted.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 4 contracts
Samples: Invitation for Bid (Ifb), Project Agreement, Procurement Agreement
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayedDeleted.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 4 contracts
Samples: Project Agreement, Project Agreement, Civil Works Agreement
Compensation Events. 44.1 44.1. The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way way, which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no DefectsDeleted.
(e) The Engineer unreasonably does not approve for of a subcontract to be let, within 15 days.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the SiteDeleted.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contractcontract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayedDeleted.
(j) The effect on the Contractor of any of the Employer’s Risksrisks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 44.2. If a Compensation compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Time, the Date, the Contract Price price shall be increased and/or and /or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 44.3. As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's ’s forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 44.4. The Contractor shall not be entitled to compensation to the extent that the Employer's ’s interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 3 contracts
Samples: Construction Contract, Bidding Document, Bid Document
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayedDeleted.
(j) The effect on the Contractor of any of the Employer’s Employer‟s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 2 contracts
Samples: Bidding Agreement, Bidding Agreement
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.on
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Construction Contract
Compensation Events. 44.1 24.1 The following are issues shall constitute Compensation Events unless they are caused by the ContractorEvents:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract DataAppendix to Conditions of Contract.
(b) The Employer modifies the schedule List of other contractors Other Contractors, etc., in a way which that affects the work Work of the contractor Contractor under the contractContract.
(c) The Engineer Project Manager orders a delay or does not issue drawings, specifications or instructions required for execution of works the Works on time.
(d) The Engineer Project Manager instructs the Contractor to uncover or to carry out additional tests upon work the Work, which is then found to have no Defectsdefects.
(e) The Engineer Project Manager unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to Bidders tenderers (including the Site Investigation Reportsinvestigation reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, Employer or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect effects on the Contractor of any of the Employer’s Risksrisks.
(kj) The Engineer Project Manager unreasonably delays issuing a Certificate of Completion.
(lk) Other Compensation Events listed compensation events described in the Contract Data or mentioned in determined by the ContractProject Manager shall apply.
44.2 24.2 If a Compensation Event compensation event would cause additional cost or would prevent the work Work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is shall be extended. The Engineer Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 24.3 As soon as information demonstrating the effect of each Compensation Event compensation event upon the Contractor's ’s forecast cost has been provided by the Contractor, it is to shall be assessed by the Engineer Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor's ’s forecast is deemed unreasonable, the Engineer Project Manager shall adjust the Contract Price based on Engineerthe Project Manager’s own forecast. The Engineer Project Manager will assume that the Contractor will react competently and promptly to the event.
44.4 24.4 The Contractor shall not be entitled to compensation to the extent that the Employer's ’s interests are adversely affected by the Contractor not having given early warning or not having cooperated co-operated with the EngineerProject Manager.
24.5 Prices shall be adjusted for fluctuations in the cost of inputs only if provided for in the Appendix to Conditions of Contract.
24.6 The Contractor shall give written notice to the Project Manager of his intention to make a claim within thirty days after the event giving rise to the claim has first arisen. The claim shall be submitted within thirty days thereafter. Provided always that should the event giving rise to the claim of continuing effect, the Contractor shall submit an interim claim within the said thirty days and a final claim within thirty days of the end of the event giving rise to the claim.
Appears in 1 contract
Samples: Construction Contract
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Employer‟s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s Engineer‟s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Punjab Rural Water Supply & Sanitation Project Agreement
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Employer‘s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s Engineer‘s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Construction Contract
Compensation Events. 44.1 42.1 The following are shall be Compensation Events unless they are caused by the ContractorEvents:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Datapursuant to GCC Sub-Clause 20.1.
(b) The Employer modifies the schedule Schedule of other contractors Other Contractors in a way which that affects the work of the contractor Contractor under the contractContract.
(c) The Engineer Project Manager orders a delay or does not issue drawingsDrawings, specifications Specifications, or instructions required for execution of works the Works on time.
(d) The Engineer Project Manager instructs the Contractor to uncover or to carry out additional tests upon work work, which is then found to have no Defects.
(e) The Engineer Project Manager unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to Bidders bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect effects on the Contractor of any of the Employer’s Risks.
(k) The Engineer Project Manager unreasonably delays issuing a Certificate of Completion.a
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 42.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is shall be extended. The Engineer Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 42.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's ’s forecast cost has been provided by the Contractor, it is to shall be assessed by the Engineer Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor's ’s forecast is deemed unreasonable, the Engineer Project Manager shall adjust the Contract Price based on Engineerthe Project Manager’s own forecast. The Engineer will Project Manager shall assume that the Contractor will shall react competently and promptly to the event.
44.4 42.4 The Contractor shall not be entitled to compensation to the extent that the Employer's ’s interests are adversely affected by the Contractor Contractor’s not having given early warning or not having cooperated with the EngineerProject Manager.
43 Tax 43.1 The rates quoted by the Contractor shall be deemed to be
44 Currencies 44.1 All payments shall be made in Indian Rupees.
Appears in 1 contract
Samples: Bidding Agreement
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.early
Appears in 1 contract
Samples: Construction Contract
Compensation Events. 44.1 52.1 The following are shall be Compensation Events unless they are caused by the ContractorEvents:
(a) The Employer Procuring Entity does not give access to a part of the Site by the Site Possession Date stated in the Contract Datapursuant to GCC Sub-Clause 21.1.
(b) The Employer Procuring Entity modifies the schedule Schedule of other contractors Other Contractors in a way which that affects the work of the contractor Contractor under the contractContract.
(c) The Engineer Project Manager orders a delay or does not issue drawingsDrawings, specifications Specifications, or instructions required for execution of works the Works on time.
(d) The Engineer Project Manager instructs the Contractor to uncover or to carry out additional tests upon work work, which is then found to have no Defects.
(e) The Engineer Project Manager unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to Bidders bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer Project Manager gives an instruction for dealing with an unforeseen condition, caused by the EmployerProcuring Entity, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities utilities, or the Employer Procuring Entity does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect effects on the Contractor of any of the EmployerProcuring Entity’s Risks.
(k) The Engineer Project Manager unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 52.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is shall be extended. The Engineer Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 52.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's ’s forecast cost has been provided by the Contractor, it is to shall be assessed by the Engineer Project Manager, and the Contract Price shall be adjusted accordingly. If the Contractor's ’s forecast is deemed unreasonable, the Engineer Project Manager shall adjust the Contract Price based on Engineerthe Project Manager’s own forecast. The Engineer will Project Manager shall assume that the Contractor will shall react competently and promptly to the event.
44.4 52.4 The Contractor shall not be entitled to compensation to the extent that the Employer's Procuring Entity’s interests are adversely affected by the Contractor Contractor’s not having given early warning or not having cooperated with the EngineerProject Manager.
Appears in 1 contract
Samples: Contract for Small Works
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor Contractor under the contractContract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for of a subcontract to be let, within 15 days.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly publicity and from a visual inspection of the Sitesite.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed, beyond 28 days after receipt of application and bank guarantee.
(j) The effect on of the Contractor contractor of any nay of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event compensation event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's ’s forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's ’s forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's ’s interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Tender Agreement
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Construction Contract
Compensation Events. 44.1 The following are shall be Compensation Events unless they are caused by the ContractorEvents:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Datapursuant to GCC Sub-Clause 21.1.
(b) The Employer modifies the schedule Schedule of other contractors Other Contractors in a way which that affects the work of the contractor Contractor under the contractContract.
(c) The Engineer orders a delay or does not issue drawingsDrawings, specifications Specifications, or instructions required for execution of works the Works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work work, which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to Bidders bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect effects on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events compensation events, listed in the Contract Data SCC or mentioned in the Contractcontract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is shall be extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's ’s forecast cost has been provided by the Contractor, it is to shall be assessed by the Engineer Engineer, and the Contract Price shall be adjusted accordingly. If the Contractor's ’s forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on the Engineer’s own forecast. The Engineer will shall assume that the Contractor will shall react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's ’s interests are adversely affected by the Contractor Contractor’s not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Agreement for Upgradation and Maintenance of Road Works
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Punjab Rural Water Supply & Sanitation Project Agreement
Compensation Events. 44.1 The following are shall be Compensation Events unless they are caused by the ContractorEvents:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule Schedule of other contractors Other Contractors in a way which that affects the work of the contractor Contractor under the contractContract.
(c) The Engineer Employer's Representative orders a delay or does not issue drawingsDrawings, specifications Specifications, or instructions required for execution of works the Works on time.
(d) The Engineer Employer's Representative instructs the Contractor to uncover or to carry out additional tests upon work work, which is then found to have no Defects.
(e) The Engineer Employer's Representative unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to Bidders bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.inspection
(g) The Engineer Employer's Representative gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities utilities, or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect effects on the Contractor of any of the Employer’s Risks.
(k) The Engineer Employer's Representative unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed described in the Contract Data or mentioned in determined by the ContractEmployer's Representative shall apply.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is shall be extended. The Engineer With the Employer’s prior approval, the Employer's Representative shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's ’s forecast cost has been provided by the Contractor, it is to shall be assessed by the Engineer Employer's Representative, and the Contract Price shall be adjusted accordingly. If the Contractor's ’s forecast is deemed unreasonable, with the Engineer Employer’s prior approval the Employer's Representative shall adjust the Contract Price based on Engineerthe Employer's Representative’s own forecast. The Engineer Employer's Representative will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's ’s interests are adversely affected by the Contractor Contractor’s not having given early warning or not having cooperated with the EngineerEmployer's Representative.
Appears in 1 contract
Samples: Civil Works Contract
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer Engineer does not give access to a part of the Site as stipulated in Clause 21 by the Site Possession site possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor Contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for convey the decision of a subcontract to be let, within 15 days.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Sitesite.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractorsContractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed, beyond 28 days after receipt of application and bank guarantee.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or and/ or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's ’s forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's ’s forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's ’s interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Construction Contract
Compensation Events. 44.1 (Clause 38)
19.1 The following are the Compensation Events for Time Extension only unless they are caused by the Contractor:. In any case, these Compensation Events shall not entitle the Contractor to claim financially whatsoever.
(a) a. The Employer does not give access Access to a part Part of the Site by as per the Site Possession Date stated in mutually agreed Construction Schedule between the Contract DataEmployer and the Contractor.
(b) b. The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay Delay or does not issue drawingsapprove Drawings, specifications Specifications or instructions required Instructions Required for execution Execution of works Works on time.
(d) c. The Engineer Employer instructs the Contractor to uncover or to carry out additional tests Additional Tests upon work which is then found to have no Defects.
(e) d. The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer Employer gives an instruction Instruction for dealing with an unforeseen conditionUnforeseen Condition, caused by the Employer, or additional work Additional Work required for safety Safety or other reasonsReasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) e. The advance payment is delayed.
(j) The effect Effect on the Contractor of any of the Employer’s Risks.
(k) f. The Engineer Employer unreasonably delays issuing a Certificate of CompletionCompletion / Scheduled Payment.
(l) g. Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 19.2 If a Compensation Event would cause additional cost or would prevent the work Work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is may be extended. The Engineer Employer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 19.3 The Contractor shall not be entitled to compensation Compensation to the extent Extent that the Employer's interests Interests are adversely affected by the Contractor not having given early warning Early Warning or not having cooperated with the EngineerEmployer.
Appears in 1 contract
Samples: Construction Contract
Compensation Events. 44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.whether
44.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price shall be adjusted accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 The Contractor shall not be entitled to compensation to the extent that the Employer's interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Compensation Events. 44.1 24.1 The following are issues shall constitute Compensation Events unless they are caused by the Contractor:Events: -
(a) The Employer does not give access to a part of the Site site by the Site site Possession Date stated in the Contract Dataappendix to Conditions of Contract.
(b) The Employer modifies the schedule list of other contractors Contractors, etc., in a way which that affects the work of the contractor Contractor under the contractContract.
(c) The Engineer Project Manager orders a delay or does not issue drawings, specifications or instructions required for the execution of works the work on time.
(d) The Engineer Project Manager instructs the Contractor contractor to uncover or to carry out additional tests upon work the work, which is then found to have no Defectsdefects.
(e) The Engineer Project Manager unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of the Letter of Acceptance from the information issued to Bidders tenderer (including the Site Investigation Reportssite investigation reports), from information available publicly and from a visual inspection of the Siteinspection.
(g) The Engineer Project Manager gives an instruction for dealing with an unforeseen condition, caused by the Employer, Employer or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints constrains stated in the Contractcontract, and they cause a delay or extra cost to the Contractorcontractor.
(i) The advance payment is delayed.
(j) The effect effects on the Contractor contractor of any of the Employer’s Risksrisks.
(kj) The Engineer Project Manager unreasonably delays issuing a Certificate certificate of Completioncompletion.
(lk) Other Compensation Events listed compensation events described in the Contract Data contract or mentioned in determined by the ContractProject Manager shall apply.
44.2 24.2 If a Compensation Event compensation event would cause additional cost or would prevent the work works being completed before the Intended Completion Date, the Contract Price shall be increased and/or and / or the Intended Completion Date is shall be extended. The Engineer Project Manager shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended...
44.3 24.3 As soon as the information demonstrating the effect of each Compensation Event compensation effect upon the Contractor's ’s forecast cost has been provided by the Contractorcontractor, it is to shall be assessed by the Engineer Project Manager, and the Contract Price contract price shall be adjusted accordingly. If the Contractor's contractor’s forecast is deemed unreasonable, the Engineer Project Manager shall adjust the Contract Price based on Engineerthe Project Manager’s own forecast. The Engineer Project manager will assume that the Contractor contractor will react competently and promptly to the event.
44.4 24.4 The Contractor shall not be entitled to compensation to the extent that the Employeremployer's interests are adversely affected by the Contractor not having given early warning or not having cooperated co-operated with the EngineerProject Manager.
24.5 Prices shall be adjusted for fluctuations in the cost of input only if provided for in the Appendix to Conditions of Contract.
24.6 The Contractor shall give written notice to the Project Manager of its intention to make a claim within thirty days after the event giving rise to the claim has first arisen. The claim shall be submitted within thirty days thereafter. Provided always that should the event giving rise to the claim of continuing effect, the Contractor shall submit an interim claim within the said thirty days and a final claim within thirty days of the end of the event giving rise to the claim.
Appears in 1 contract
Samples: Construction Contract
Compensation Events. 44.1 40.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way which affects the work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional tests upon work which is then found to have no Defects.
(e) The Engineer unreasonably does not approve for a subcontract to be let.
(f) Ground conditions are substantially more adverse than could reasonably have been assumed before issuance of Letter of Acceptance from the information issued to Bidders (including the Site Investigation Reports), from information available publicly and from a visual inspection of the Site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the dates and other constraints stated in the Contract, and they cause delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned in the Contract.
44.2 40.2 If a Compensation Event would cause additional cost or would prevent the work being completed before the Intended Completion Date, the Contract Price shall be increased and/or the Intended Completion Date is shall be extended. The Engineer shall decide whether and by how much the Contract Price shall be increased and whether and by how much the Intended Completion Date shall be extended.
44.3 40.3 As soon as information demonstrating the effect of each Compensation Event upon the Contractor's forecast cost has been provided by the Contractor, it is to be assessed by the Engineer and the Contract Price Intended Completion Date shall be adjusted extended accordingly. If the Contractor's forecast is deemed unreasonable, the Engineer shall adjust the Contract Price Intended Completion Date based on Engineer’s own forecast. The Engineer will assume that the Contractor will react competently and promptly to the event.
44.4 40.4 The Contractor shall not be entitled to compensation to the extent that the Employer's ’s interests are adversely affected by the Contractor not having given early warning or not having cooperated with the Engineer.
Appears in 1 contract
Samples: Construction Contract