Common use of Taking Over of Parts of the Works Clause in Contracts

Taking Over of Parts of the Works. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for the Equipment or any Section. The Employer shall not use any part of the Works (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties): (a) the part which is used shall be deemed to have been taken over as from the date on which it is used; (b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer; and (c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Warranty Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works prior to the issue of a Taking-Over Certificate (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties), the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to clause 20 [Claims and Disputes] to payment of any such Cost plus Profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine this Cost and Profit. For the avoidance of doubt, the Employer accessing the Site or any part of the Works or permitting another party to do so in accordance with the Contract shall not constitute 'use' for the purposes of this sub-clause.

Taking Over of Parts of the Works. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for the Equipment or any Section. The Employer shall not use any part of the Works (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties): (a) the part which is used shall be deemed to have been taken over as from the date on which it is used; (b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer; and (c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Warranty Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works prior to the issue of a Taking-Over Certificate (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties), the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to clause 20 [Claims and Disputes] to payment of any such Cost plus Profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine this Cost and Profit. For the avoidance of doubt, the Employer accessing the Site or any part of the Works or permitting another party to do so in accordance with the Contract shall not constitute 'use' for the purposes of this subSub-clauseClause.

Taking Over of Parts of the Works. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for any part of the Equipment or any SectionPermanent Works. The Employer shall not use any part of the Works (other than for training, any as a temporary measure or other use which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties):issued: (a) the part which is used shall be deemed to have been taken over as from the date on which it is used;, (b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer; , and (c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Warranty Defects Notification Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works prior to the issue of a Taking-Over Certificate (Works, other than for training, any temporary measure or other such use which as is either specified in the Contract or agreed by both Parties)the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to clause 20 Sub-Clause 20.1 [Claims and DisputesContractor's Claims] to payment of any such Cost plus Profitreasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with subSub-clause Clause 3.5 [Determinations] to agree or determine this Cost and Profitprofit. For the avoidance of doubt, the Employer accessing the Site or any If a Taking-Over Certificate has been issued for a part of the Works (other than a Section), the delay damages thereafter for completion of the remainder of the Works shall be reduced. Similarly, the delay damages for the remainder of the Section (if any) in which this part is included shall also be reduced for any period of delay after the date stated in this Taking-Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or permitting another party to do so Section (as the case may be) as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the Contract daily rate of delay damages under Sub-Clause 8.7 [Delay Damages], and shall not constitute 'use' for affect the purposes maximum amount of this sub-clause.these damages. General Conditions 33

Taking Over of Parts of the Works. The Engineer Project Manager may, at the sole discretion and written approval of the Employer, issue a Taking-Over Certificate for any part of the Equipment or any SectionPermanent Works. The Employer shall not use any part of the Works (other than for training, any as a temporary measure or other use which is either specified in the Contract or agreed by both Parties) unless and until the Engineer Project Manager has issued a Taking-Over Certificate for this part. However, unless otherwise agreed by the Parties, if the Employer does use any part of the Works before the Taking-Over Certificate is issued (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties): issued: (a) the part which is used shall be deemed to have been taken over as from the date on which it is used; , (b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer; and , and (c) if requested by the Contractor, the Engineer Project Manager shall issue a Taking-Over Certificate for this part. After the Engineer Project Manager has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Warranty Defects Liability Period. If the Contractor incurs Cost cost as a result of the Employer taking over and/or using a part of the Works prior to the issue of a Taking-Over Certificate (Works, other than for training, any temporary measure or other such use which as is either specified in the Contract or agreed by both Parties)the Contractor, the Contractor shall (ia) give notice to the Engineer Project Manager and (iib) be Be entitled subject to clause 20 GCC 20.1 [Claims and DisputesContractor‟s Claims] to payment of any such Cost plus Profitprofit, which shall be included in the Contract Price. After receiving this notice, the Engineer Project Manager shall proceed in accordance with sub-clause GCC 3.5 [Determinations] to agree or determine this Cost and Profitthe matter. For the avoidance of doubt, the Employer accessing the Site or any If a Taking-Over Certificate has been issued for a part of the Works or permitting another party to do so in accordance with (other than a Section), the Contract Liquidated damages thereafter for completion of the remainder of the Works shall not constitute 'use' be reduced. Similarly, the Liquidated damages for the purposes remainder of the Section (if any) in which this subpart is included shall also be reduced. For any period of delay after the date stat6e2d in this Taking-clause.Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or Section (as the

Taking Over of Parts of the Works. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for any part of the Equipment or any SectionPermanent Works. The Employer shall not use any part of the Works (other than for training, any as a temporary measure or other use which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties):issued: (a) the part which is used shall be deemed to have been taken over as from the date on which it is used;, (b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer; , and (c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. SAMPLE After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Warranty Defects Notification Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works prior to the issue of a Taking-Over Certificate (Works, other than for training, any temporary measure or other such use which as is either specified in the Contract or agreed by both Parties)the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to clause 20 Sub-Clause 20.1 [Claims and DisputesContractor’s Claims] to payment of any such Cost plus Profitreasonable profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with subSub-clause Clause 3.5 [Determinations] to agree or determine this Cost and Profitprofit. For the avoidance of doubt, the Employer accessing the Site or any If a Taking-Over Certificate has been issued for a part of the Works (other than a Section), the delay damages thereafter for completion of the remainder of the Works shall be reduced. Similarly, the delay damages for the remainder of the Section (if any) in which this part is included shall also be reduced. For any period of delay after the date stated in this Taking-Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or permitting another party to do so Section (as the case may be) as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the Contract daily rate of delay damages under Sub-Clause 8.7 [Delay Damages], and shall not constitute 'use' for affect the purposes maximum amount of this sub-clausethese damages.

Taking Over of Parts of the Works. 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: (a) issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with the Contract, 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 (b) 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 (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. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for any part of the Equipment or any SectionPermanent Works. The Employer shall not use any part of the Works (other than for training, any as a temporary measure or other use which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties):issued: (a) the part which is used shall be deemed to have been taken over as from the date on which it is used;, (b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer; , and (c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Warranty Defects Notification Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works prior to the issue of a Taking-Over Certificate (Works, other than for training, any temporary measure or other such use which as is either specified in the Contract or agreed by both Parties)the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to clause 20 Sub-Clause 20.1 [Claims and DisputesContractor’s Claims] to payment of any such Cost plus Profitprofit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause Sub- Clause 3.5 [Determinations] to agree or determine this Cost and Profitprofit. For the avoidance of doubt, the Employer accessing the Site or any If a Taking-Over Certificate has been issued for a part of the Works or permitting another party to do so in accordance with (other than a Section), the Contract delay damages thereafter for completion of the remainder of the Works shall not constitute 'use' be reduced. Similarly, the delay damages for the purposes remainder of the Section (if any) in which this subpart is included shall also be reduced. For any period of delay after the date stated in this Taking-clause.Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so

Taking Over of Parts of the Works. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate Taking- OverCertificate for any part of the Equipment or any SectionPermanent Works. The Employer shall not use any part of the Works (other than for training, any as a temporary measure or other use which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties):issued: (a) the part which is used shall be deemed to have been taken over as from the date on which it is used;, (b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer; , and (c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. After the Engineer has issued a Taking-Over Certificate for a part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Warranty Defects Notification Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works prior to the issue of a Taking-Over Certificate (Works, other than for training, any temporary measure or other such use which as is either specified in the Contract or agreed by both Parties)the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to clause 20 Sub-Clause 20.1 [Claims and DisputesContractor’s Claims] to payment of any such Cost plus Profitprofit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with subSub-clause Clause 3.5 [Determinations] to agree or determine this Cost and Profitprofit. For the avoidance of doubt, the Employer accessing the Site or any If a Taking-Over Certificate has been issued for a part of the Works (other than a Section), the delay damages thereafter for completion of the remainder of the Works shall be reduced. Similarly, the delay damages for the remainder of the Section (if any) in which this part is included shall also be reduced. For any period of delay after the date stated in this Taking-Over Certificate, the proportional reduction in these delay damages shall be calculated as the proportion which the value of the part so certified bears to the value of the Works or permitting another party to do so Section (as the case may be) as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the Contract daily rate of delay damages under Sub-Clause 8.7 [Delay Damages], and shall not constitute 'use' for affect the purposes maximum amount of this sub-clausethese damages.

Taking Over of Parts of the Works. Completion], the Works 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. The Engineer shall, within 28 days after receiving the Contractor’s application: (a) issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with the Contract, 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 (b) 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 (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. The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for the Equipment or any Section. The Employer shall not use any part of the Works (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-Over Certificate for this part. However, if the Employer does use any part of the Works before the Taking-Over Certificate is issued (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties): (a) the part which is used shall be deemed to have been taken over as from the date on which it is used; (b) the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer; and (c) if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this part. After the Engineer has issued a Taking-Over Certificate for a part of the Permanent Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Warranty Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works prior to the issue of a Taking-Over Certificate (other than for training, any temporary measure or other use which is either specified in the Contract or agreed by both Parties), the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to clause 20 [Claims and Disputes] to payment of any such Cost plus Profit, which shall be included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with sub-clause 3.5 [Determinations] to agree or determine this Cost and Profit. For the avoidance of doubt, the Employer accessing the Site or any part of the Works or permitting another party to do so in accordance with the Contract shall not constitute 'use' for the purposes of this sub-clause.