Taking Over of the Works and Sections. Add Sub-Clause 1.1.3.10 “Certificate of Temporary Operation” means a certificate issued under Clause 10.2 [Taking Over of Parts of Work]
Taking Over of the Works and Sections. Except as stated in Sub-Clause 9.4 [Failure to Pass Tests on Completion], the Works shall be taken over by the Contract Awarder 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 Contract Awarder 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 Contract Awarder 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 Contract Awarder 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) is substantially in accordance with the Contract, the Taking-Over Certificate shall be deemed to have been issued on the last day of that period.
Taking Over of the Works and Sections. Except as stated in 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 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.
Taking Over of the Works and Sections. Delete the following text from Clause 10.1: “The Engineer shall, within 28 days after receiving the Contractor’s application:” and replace with the following: “Upon successful completion of the Tests on Completion (or any part thereof) the Engineer shall:”
Taking Over of the Works and Sections. Replace this subclause with the following:
(a) Notwithstanding the issue of the Taking-Over Certificate, the Contractor and (subject to subclause (d) of this clause) the Employer shall remain liable for the fulfilment of any obligations incurred under the provisions of this contract prior to the issue of the Taking-Over Certificate which remain unperformed at the time such certificate is issued, and for the purposes of determining the nature and extent of any such obligations the contract shall be deemed to remain in force between the parties hereto.
(b) The issue of the Taking-Over Certificate shall not preclude or prevent the Employer from showing the true amount and character of the operations and maintenance services executed by the Contractor, nor from showing that any certificate previously issued is untrue or is incorrectly prepared, nor that the operations and maintenance services do not in fact conform to the requirements of the contract. Furthermore, the issue of the Taking-Over Certificate shall not preclude or prevent, the Employer from recovering from the Contractor such damages as he may sustain by reason of the Contractor’s failure to comply with the requirements of the contract.
(c) Neither the acceptance by the Engineer, nor any payment for the whole or any part of the operations and maintenance services, nor the act of taking possession of the works by the Employer shall operate as a waiver of any portion of the contract or any power herein reserved or of any right to damages. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach.
(d) The Employer shall not be liable to the Contractor for any matter or thing arising out of or in connection with the contract or the operation and maintenance of the works unless the Contractor shall have made a claim in writing in respect thereof before the giving of the Taking- Over Certificate under this clause. Notwithstanding any of the above, a Taking–Over Certificate will apply for each capital works subcontract that is let separately.
