EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated in sub-clause 9.4 [Failure to Pass Tests on Completion], the Works or Section (as the case may be) shall be taken over by the Employer when (i) the Works or the relevant Section have been completed in accordance with the Contract, including the matters described in sub-clause 8.2 [Time for Completion] with exception to the Operational Permit; (ii) with exception to the Operational Permit as stated in sub-clause 10.1A [Ownership of the Equipment and the Operational Permit], the Works or the relevant Section conform to all Approvals and have been inspected and approved by or on behalf of the relevant Statutory Authority; and, except as allowed in sub-paragraph (a) below, (iii) all other conditions to the issuance of a Taking Over Certificate stated in the Contract have been met, and (iv) a Taking-Over Certificate for the Works or the relevant Section has been issued, or is deemed to have been issued in accordance with this sub-clause. The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 14 days after receiving the Contractor’s application:
EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Except as stated In Sub-Clause 9.4 [Failure to Pass Tests on Completion] the Works Works and Sections shall be taken over by the Employer when (i) the Works have been completed in accordance with the Contract, including the matters described in Sub-Clause 8.2 [Time for Completion] and except as allowed In sub-paragraph (a) below and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause. The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor's opinion be complete and ready for taking over. If the Works are divided into Sections the Contractor may similarly apply for a Taking-Over Certificate for each Section. Engineer shall, within 28 days after receiving the Contractor's application:
EMPLOYER’S TAKING OVER. 10.1 Taking Over the Works and Sections Delete in the first paragraph the last sentence: ”or is deemed to have been issued in accordance with this Sub-Clause.” Replace in the last paragraph, in the last sentence “the Taking- Over Certificate shall be deemed to have been issued on the last day of that period”, with “the Contractor shall be entitled to claim subject to Sub-Clause 20.1 [Contractor's Claims]”.
EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated in sub-clause 9.4 [Failure to Pass Tests on Completion], the Works or Section (as the case may be) shall be taken over by the Employer when (i) the Works have been completed in accordance with the Contract, including the matters described in sub-clause 8.2 [Time for Completion]; (ii) the Works or the relevant Section conform to all Approvals and have been inspected and approved by or on behalf of the relevant Statutory Authority; and (iii) except as allowed in sub-paragraph (a) below, a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this sub-clause. The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 28 days after receiving the Contractor’s application:
EMPLOYER’S TAKING OVER. 10.1. Setting out When the whole of the Works have been substantially completed and have satisfactorily passed any Tests on Completion prescribed by the Contract, the Contractor may give a notice to that effect to the Engineer, with a copy to the Employer, accompanied by a written undertaking to finish with due expedition any outstanding work during the Defects Liability Period. Such notice and undertaking shall be deemed to be a request by the Contractor for the Engineer to issue a Taking-Over Certificate in respect of the Works. The Engineer shall, within 21 days of the date of delivery of such notice, either issue to the Contractor, with a copy to the Employer, a Taking-Over Certificate, stating the date on which, in his opinion, the Works were substantially completed in accordance with the Contract, or give instructions in writing to the Contractor specifying all the work which, in the Engineer's opinion, is required to be done by the Contractor before the issue of such Certificate. The Engineer shall also notify the Contractor of any defects in the Works affecting substantial completion that may appear after such instructions and before completion of the Works specified therein. The Contractor shall be entitled to receive such Taking-Over Certificate within 21 days of completion, to the satisfaction of the Engineer, of the Works so specified and remedying any defects so notified.
EMPLOYER’S TAKING OVER. 10.1 Taking-Over Certificate
EMPLOYER’S TAKING OVER. Except as stated in Sub-Clause 9.4 [Failure to Pass Tests on Works and Sections
EMPLOYER’S TAKING OVER. 10.1 Taking Over of the Works and Sections Except as stated in sub-paragraph (a) of Sub-Clause 9.4 [Failure to Pass Tests on Completion], the Works shall be taken over by the Employer when (i) the Works have been completed in accordance with Sub-Clause 8.2 [Time for Completion] and except as allowed in sub-paragraph (a) below, and (ii) a Taking-Over Certificate for the Works has been issued, or is deemed to have been issued in accordance with this Sub-Clause. The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking over. If the Works are divided into Sections, the Contractor may similarly apply for a Taking-Over Certificate for each Section. The Engineer shall, within 28 days after receiving the Contractor’s application: provided that the Contractor has provided the Defects Liability Letter of Credit, issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with this Sub-Clause, except for any minor outstanding work and defects which will not substantially affect the use of the Works or Section for their intended purpose (either until or whilst this work is completed and these defects are remedied); or reject the application, giving reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued. The Contractor shall then complete this work before issuing a further notice under this Sub-Clause. If the Engineer fails either to issue the Taking-Over Certificate or to reject the Contractor’s application within the period of 28 days, and if the Works or Section or Part (as the case may be) are substantially in accordance with the Contract, the Taking-Over Certificate shall be deemed to have been issued on the last day of that period.
EMPLOYER’S TAKING OVER. 43 10.1 Taking Over of the Works and Sections................................43 10.2 Taking Over of Parts of the Works....................................44 10.3 Interference with Tests on Completion................................44
EMPLOYER’S TAKING OVER. 66 10.1 Taking Over of the Works and Sections 66 10.2 Taking Over of Parts of the Works 67 10.3 Interference with Tests on Completion 69 10.4 Surfaces Requiring Reinstatement 69 11. Defects Liability 70 11.1 Completion of Outstanding Work and Remedying Defects 70 11.2 Cost of Remedying Defects 70 11.3 Extension of Defects Notification Period 70 11.4 Failure to Remedy Defects 71 11.5 Removal of Defective Work 72 11.6 Further Tests 72 11.7 Right of Access 72 11.8 Contractor to Search 72 11.9 Performance Certificate 73 11.10 Unfulfilled Obligations 73 11.11 Clearance of Site 73 12. Measurement and Evaluation 74 12.1 Works to be Measured 74 12.2 Method of Measurement 75 12.3 Evaluation 75 12.4 Omissions 76 13. Variations and Adjustments 77 13.1 Right to Vary 77 13.2 Value Engineering 78 13.3 Variation Procedure 79 13.4 Payment in Applicable Currencies 79 13.5 Provisional Sums 80 13.6 Daywork 80 13.7 Adjustments for Changes in Legislation 81 13.8 Adjustments for Changes in Cost 82
