EXECUTION OF THE WORKS. 3.1 This Contractor shall, to the reasonable satisfaction of the Employer, execute and complete the Works shown upon and described in the Contract Documents and specifically in accordance with the options and finishing schedules annexed hereto as annexures “F” and annexure “G” respectively.
3.2 The Contractor shall be entitled to vary the works for any reason considered reasonably necessary by the Architect, but so that the Employer’s right will not be materially prejudiced or affected thereby.
3.3 The Contractor shall have the right in its sole discretion to determine the lay-out of the buildings as indicated on the Drawings, or make changes in the area of the buildings provided that the area of the building shall not vary by more than 5% (five per centrum) from the estimated area as reflected in the Annexures hereto.
3.4 If a dispute arises between the parties as to the design or standard of finishes then the Architect acting as an expert shall in his absolute discretion determine whether or not there has been substantial compliance and the parties will be bound by such decision.
3.5 The Employer shall not employ any person or firm to carry out any work of whatsoever nature on or to the works for as long as the contractor shall be on site, or without the consent of the contractor and Owners Association
3.6 The Contractor shall appoint such sub-contractors as it may deem necessary in its sole discretion.
3.7 The employer has the option of a choice between the building plans presented by the Contractor in respect of the erf.
3.8 The Employer has been given the reasonable opportunity of exercising a choice of certain finishes like tiles, interior and colours of paint and joinery from the selection to be made available by the Contractor, broadly in terms of the Drawings and Specifications. Should the Employer not have completed the choices of finishes in this regard in their entirety or at all within the time provided for by the Contractor, then the Employer shall be deemed to have appointed the Architect as its agent to select on its behalf any finishes where the choice or selection of the Employer is incomplete and the Architect’s choice shall be final and binding.
3.9 The Employer shall attend at the offices of the Contractor within 10 (ten) business days after being requested thereto by the Contractor and sign the drawings for the purposes of their submission to the Local Authority. Should the Employer fail to do so then this agreement shall operate irre...
EXECUTION OF THE WORKS. 3.1 The Sub-Contractor will execute the Works in accordance with the terms of the Contract and to the satisfaction of the Company and in accordance with all statutory obligations and appropriate building regulations as are applicable.
3.2 As the Works are of a description which it is in the course of the Sub-Contractor’s business to execute, the Sub-Contractor undertakes and agrees with the Company:-
3.2.1 That when the Works include the preparation of designs or selection of materials and goods, the Sub-Contractor has exercised and will exercise all proper skill and care in such preparation and selection, including but not limited to the satisfaction of any performance specification or requirement insofar as the same is part of the description of the Works;
3.2.2 that the workmanship materials and goods used or supplied under this Contract will be of a quality and standard fit and proper for the purpose for which the Works are designed;
3.3 The Sub-Contractor will be responsible for any loss or damage howsoever caused to the Works and his materials, plant, tools, equipment or other property.
3.4 Any time stipulated by the Company for performance of this order shall be considered to be the essence of the contract. Notwithstanding the foregoing the Company shall be entitled to make such extension of time, as it shall in its absolute discretion think fit in relation to the time for the execution of this order.
EXECUTION OF THE WORKS. 6.1. The contractor shall, in accordance with the agreement, execute and complete the works shown upon and described in the contract documents and shall provide everything necessary for the proper execution of the works.
6.2. Possession of the site shall be given to the contractor on the date recorded in the schedule who shall thereupon within a reasonable time commence the works and regularly and diligently proceed with and bring the works to practical completion by the date for practical completion as indicated in the schedule subject to any extension of time granted by the employer in terms of 9 hereof and subject to the provision that the contractor shall not be obliged to commence the works until:
6.2.1. the necessary plan and other approvals, consent or other authority required under any law (including any statute, ordinance, by-law and/or regulation) has been obtained by the employer;
6.2.2. the boundary pegs of the property are located and pointed out to the contractor;
6.2.3. the employer has furnished the attorney’s undertaking in terms of 3.3 hereof.
6.2.4. the deposit has been paid by the employer as set out in the schedule
6.3. The contractor shall at all reasonable times keep upon the works a competent person in charge.
6.4. The employer shall not have the right to interfere with, hinder or obstruct any of the contractor’s workmen or other persons employed by or acting on behalf of the contractor.
6.5. The contractor shall order timeously all materials required for the works. In the event of any of the materials required for the works being unavailable such as to cause a possible delay to the progress of the works, the contractor shall notify the employer, who shall select substitute material of a similar quality readily available to the contractor. Any delay so caused to the works shall operate as an extension of time for completion within the meaning of 8 hereof and adjustment to the contract value shall be dealt with in terms of 11.9.
6.6. All work or installations, coordination and the associated risks related to other contractors employed directly by the employer shall be the direct responsibility of the employer.
6.7. The employer acknowledges that there will be construction work in the vicinity of the site and that certain inconvenience may be caused thereby. The contractor shall not be held liable for such inconvenience or any damages that flow there from and shall be entitled, (where necessary) to enter upon the site for purposes of ...
EXECUTION OF THE WORKS. 12.1.1. Materials, workmanship and the Works as a whole must conform to the minimum required by the Contract Documents.
12.1.2. The Contractor must carry out any work indicated in the specifications but not indicated in the drawings, or indicated in the drawings but not in the specifications, as if it were indicated in both.
12.1.3. The division of the technical specifications (if provided) into sections does not affect the allocation of work and the Contractor remains responsible for all work in all sections.
12.1.4. The Contractor is responsible for setting out the Works and must rectify at its own expense all errors or defects in the Works.
12.1.5. If any discrepancy occurs between the measurements on Site and any dimensions written on drawings the Contractor must bring it to the attention of the Principal‟s Representative or the Project Manager before commencing that portion of the Works.
12.1.6. The Contractor must promptly notify the Principal of any errors, omissions or defects in the design of the Works before commencing that portion of the Works. The Principal‟s Representative will instruct the Contractor as to how to proceed in respect of any such errors, omissions or defects. If compliance with an instruction of the Principal‟s Representative under this clause 2.1.6:
a. causes the Contractor to incur more or less cost than otherwise would have been incurred had the instruction not been given the difference will be assessed by the Principal‟s Representative and added to or deducted from the Contract Price; and
b. delays the Contractor reaching Practical Completion, the Contractor may request an extension of time to the Date for Practical Completion under clause 21.1.2.
12.1.7. The Contractor must not execute on the Principal‟s premises any works not in connection with the Works.
EXECUTION OF THE WORKS. 13.1.1. Materials, workmanship and the Works as a whole must conform to the minimum required by the Contract Documents, the Building Code of Australia, and all other applicable laws, regulations, standards and codes of practice, including those described in the Scope of Works.
13.1.2. The Contractor must executed the Works in accordance with the Scope of Works. If requirements are indicated in any specifications contained in the Scope of Works but not indicated in the drawings in the Scope of Works, or indicated in the drawings but not in the specifications, as if it were indicated in both.
13.1.3. The division of the Scope of Works into sections does not affect the allocation of work and the Contractor remains responsible for all work in all sections.
13.1.4. The Contractor is responsible for setting out the Works and must rectify at its own expense all errors or defects in the Works.
13.1.5. If any discrepancy occurs between the measurements on Site and any dimensions written on drawings the Contractor must bring it to the attention of the Principal‟s Representative before commencing that portion of the Works.
13.1.6. The Contractor must promptly notify the Principal of any errors, omissions or defects in the design of the Works before commencing that portion of the Works. The Principal‟s Representative will instruct the Contractor as to how to proceed in respect of any such errors, omissions or defects.
13.1.7. The Contractor must promptly notify the Principal‟s Representative (and in any event before they undertake the Work) if they regard any direction of the Principal‟s Representative as varying this Contract or would delay the Contractor in the execution of the Works.
13.1.8. Subject to the previous clause and confirmation of the instruction, if compliance with an instruction of the Principal‟s Representative under this clause 13: a. causes the Contractor to incur more or less cost than otherwise would have been incurred had the instruction not been given the difference will be assessed by the Principal‟s Representative and added to or deducted from the Contract Price; and
EXECUTION OF THE WORKS. 6.1 The Contractor shall, to the reasonable satisfaction of the Employer, execute and complete the ..........
EXECUTION OF THE WORKS. Representatives
EXECUTION OF THE WORKS. 5.1.1 The Developer shall, at its cost, and as soon as reasonably practicable and in any event by 1 March 2006 (subject to the Tenant giving access pursuant to clause 5.2) carry out and complete the Sixth Floor Separation Works:
(a) in a good and workmanlike manner;
(b) with good and sound materials;
(c) in accordance all relevant statutory requirements, British Standards and then current codes of building practice;
(d) so that the works are free of Prohibited Materials;
(e) in compliance with all necessary Consents in so far as they relate to the Sixth Floor Separation Works; and
(f) in accordance with the drawings and specification attached as Annexure 8.
5.1.2 The Developer shall forthwith obtain the Consents (if any) which are required for the Sixth Floor Separation Works.
EXECUTION OF THE WORKS. The works shall be carried out strictly in accordance with:-
EXECUTION OF THE WORKS. 6 2.1 Execution................................................. 6 2.2 Alterations............................................... 6 2.3
