27.contract document example

KUWAIT OIL COMPANY

GENERAL CONDITIONS OF CONTRACT

For

ENGINEERING AND CONSTRUCTION CONTRACTS

1999

Issued June 1999 Ahmadi

KUWAIT OIL COMPANY (KSC)

(Register of Commerce No 21835)

CLAUSE TITLE

1 DEFINITIONS

2 LANGUAGE AND INTERPRETATION

3 ENTIRE AGREEMENT

4 WAIVER

5 INSPECTION

6 EXTENT OF CONTRACT

7 DOCUMENTS MUTUALLY EXPLANATORY

8 INDEPENDENT CONTRACTOR STATUS

9 ASSIGNMENT

10 SUB-CONTRACTING

11 SUPERINTENDENT AND SUPERINTENDENTS REPRESENTATIVE

12 PLANS DRAWINGS AND SPECIFICATIONS

13 FURTHER DRAWINGS AND INSTRUCTIONS

14 CONTRACTORS DESIGN AND ENGINEERING

15 INSPECTION OF THE SITE

16 SUFFICIENCY OF CONTRACT PRICE

17 CONTRACT PRICE

18 WARRANTIES

19 CONTRACTORS REPRESENTATIVE

20 CONTRACTORS EMPLOYEES

21 SETTING OUT

22 SAFETY

23 IDENTIFICATION AND PASSES

24 THE SITE

25 POSSESSION OF THE SITE

26 INDEMNITIES

27 INSURANCE OF THE WORKS

28 TAXES

29 COMPLIANCE WITH STATE REGULATIONS

30 SANITARY ARRANGEMENTS

31 SUPPLY OF WATER

32 SUPPLY OF LABOUR AND CONSTRUCTIONAL PLANT

33 TRANSPORTATION AND CARRIAGE PRIORITIES

34 CARE OF ROADS OVERHEAD CABLES AND PROPERTY

35 MATERIALS SUPPLIED BY CONTRACTOR

36 MATERIALS SUPPLIED BY COMPANY

37 REMOVAL OF WATER AND SAND

38 PROPERTY IN MATERIALS AND EQUIPMENT

39 TESTING COMMISSIONING AND EXAMINATION OF WORK BEFORE COVERING UP

40 UNCOVERING AND MAKING OPENINGS

41 REMOVAL OF DEFECTIVE OR IMPROPER MATERIALS AND EQUIPMENT

42 URGENT REPAIRS

43 DATE FOR COMMENCEMENT OF THE WORKS

44 WORKING HOURS

45 PROGRAMME OF WORK

46 DATE FOR COMPLETION

47 CERTIFICATE OF COMPLETION

48 DEFECTS LIABILITY PERIOD

49 VARIATIONS

50 METHOD OF PAYMENT

51 RETENTION

52 PATENTS AND COPYRIGHT

53 CONFIDENTIALITY

54 SUSPENSION OF WORK

55 CONTRACTORS DEFAULT

56 CONSEQUENCES OF TERMINATION FOR DEFAULT

57 OPTIONAL TERMINATION

58 LIQUIDATED DAMAGES

59 FORCE MAJEURE

60 LIMITATION ON CLAIMS DELAY AND EXTENSION OF TIME

61 CONTINUANCE OF THE WORKS

62 GOVERNING LAW

63 PERFORMANCE BOND

64 NOTICES

65 KUWAITI AGENT

GENERAL CONDITIONS OF CONTRACT - for -


1

11

12

13

14

15

16

17

18

19

110

111

112

113

114

DEFINITIONS

In the Contract (as herein defined) the following expressions shall unless the context otherwise requires or the Contract Specification otherwise defines have the meanings hereby assigned to them-

ldquoAdjustment Orderrdquo means a written adjustment to the Contract signed by both parties pursuant to instruction issued by the Superintendent to the Contractor to execute a Variation and as further described in clause 49 The conditionality of signing by both parties shall not apply in the event the Company exercises its right under clause 571

ldquoCertificate of Completionrdquo means the certificate issued by the Superintendent stating that the Contractor has completed the Works (excluding obligations to be carried out under the Defects Liability Period) and as further detailed in clause 47

ldquoCompanyrdquo means Kuwait Oil Company (KSC) a company registered in the State of Kuwait under Register of Commerce No 21835 its legal successors and assignees Any powers or discretions exercisable under the Contract by the Company shall unless the context otherwise requires be exercisable by the Chairman and Managing Director of the Company or by his appointed delegate The Chairman and Managing Director or his appointed delegate shall have the authority to bind the Company in relation to any matter arising out of or in connection with this Contract

ldquoContractorrdquo means the person or persons firm or company named in the Memorandum of Agreement and includes the Contractors personal representatives successors and permitted assignees

ldquoContractrdquo means the aggregate of all documents specified in the Memorandum of Agreement

ldquoConstructional Plantrdquo means all vehicles tools plant equipment appliances consumables and materials of whatsoever nature required for the performance of the Works and Temporary Works but does not include materials or other things intended to form or forming part of the Works

ldquoContract Periodrdquo means the period commencing from the Date for Commencement until expiry of the Defects Liability Period

ldquoContract Pricerdquo means the fixed lump sum price or rates stated in the Form of Tender forming the Contract

ldquoDate for Commencementrdquo means the date from which the Contractor shall commence the Works and as further described in clause 43

ldquoDate for Completionrdquo means the last day by which the Contractor shall complete the Works (excluding the obligations to be carried out under the Defects Liability Period) and as further detailed in clause 46

ldquoDefects Liability Periodrdquo means the period stated in clause 481 applicable to the Works or any section of the Works if so stated in the Contract Specification commencing from the date of the Certificate of Completion

ldquoDefects Rectification Certificaterdquo means the certificate issued by the Superintendent to the Contractor on the Contractor making good and rectifying any defects omissions or faults in the Works and as further described in clause 483

ldquoDrawingsrdquo means the drawings referred to in the Technical Specification and any written modifications thereto or other drawings as may be supplied by the Company or supplied by the Contractor and from time to time be approved in writing by the Superintendent or the Superintendentrsquos Representative

ldquoFinal Acceptance Certificaterdquo means the certificate issued by the Superintendent stating that the Contractor has complied with its obligations under the Contract and as further described in clause 484

115 ldquoForce Majeurerdquo has the meaning ascribed to it in clause 59

116 ldquomonthrdquo means a Gregorian calendar month and ldquodayrdquo a calendar day

117 ldquoPerformance Bondrdquo means the unconditional bank guarantee furnished by the Contractor prior to signing of the

Contract in a format approved by the Company as more particularly dealt with in clause 63

118 ldquoProgrammerdquo means the programme of work referred to in clause 45 upon having been approved by the

Superintendent

119 ldquoSiterdquo means the lands and other places on under in or through which the Works are to be performed and any other

lands or places provided by the Company for the purposes of the Contract

120 ldquoSub-contractorrdquo means any person persons firm partnership corporation or combination thereof to whom any part

of the Contract has been sub-contracted

121 ldquoSuperintendentrdquo means the person or persons referred to in the Contract Specification or appointed from time to time

by the Company and notified in writing to the Contractor to act as Superintendent for the purposes of the Contract

122 ldquoSuperintendents Representativerdquo means the person or persons referred to in the Contract Specification or appointed

from time to time by the Company or the Superintendent to perform the duties set forth in clause 11 and whose

authority is notified in writing to the Contractor by the Superintendent

123 ldquoTemporary Worksrdquo means all temporary works of every kind required in or about the performance of the Works and

shall include but not by way of limitation all temporary buildings roads and services

124 ldquoVariationrdquo means any increase or decrease or changes to the Works pursuant to an Adjustment Order and as further

described in clause 49

125 ldquoVendorrdquo means any manufacturer or supplier who provides equipment or materials to be incorporated in the Works

126 ldquoWorksrdquo means and includes all those things to be done or provided by the Contractor together with all other

obligations to be performed by and responsibilities of the Contractor within the Contract Period under and (including

the obligations to be carried out under clause 48) pursuant to the Contract

127 ldquoWork Permitrdquo means any permits required by the Contractor to perform the Works or any part of them


21 All communications in connection with this Contract and its performance shall be in the English language

22 Words importing the singular only also include the plural and vice versa where the context requires

23 Unless otherwise specified all reference to clause numbers is restricted to these General Conditions for Engineering and

Construction Contracts contained in this document

3 ENTIRE AGREEMENT

31 The Contract embodies the entire agreement between the Company and the Contractor The parties shall not be bound

or obligated by any statement representation promise inducement or understanding of any nature not set forth in the

Contract No changes amendments or modifications of any of the terms and conditions of the Contract shall be valid

unless reduced to writing and signed by both parties

32 All approvals by the Company or the Superintendent shall be in writing and wherever any of the words approval

authorised approved and authorisation is used it shall mean in writing

33 Any review agreement or approval by the Company related to the Works shall not act as a waiver of the Contractorrsquos

obligations under the Contract

4 WAIVER

None of the provisions of the Contract shall be considered waived by the Company except when such waiver is made in

writing by the Superintendent No such waiver shall be or be construed to be a waiver of any past or future default

breach or modification of any of the terms or conditions of the Contract except as expressly stated in such waiver

5 INSPECTION

Inspection or non-inspection witnessing or non-witnessing approval or non-approval by the Company or its

representatives of any matter required to be done by the Contractor shall not be construed as acceptance by the

Company nor act as a waiver of the Contractorrsquos obligations to comply with the requirements of the Contract and being

free from defects and capable of performing its proper function


The requirements of the Contract comprise the execution and completion of the Works and the provision of all labour

transport Constructional Plant Temporary Works materials and everything whether of a temporary or permanent

nature required in and for such execution and completion so far as the necessity for providing them is specified in or is

reasonably to be inferred from the Contract

7 DOCUMENTS MUTUALLY EXPLANATORY 71 All parts of the Contract are intended to be correlative and complementary and any obligation imposed by one part and

not mentioned in another shall be performed to the same extent and purpose as though required by all The misplacement addition or omission of a word or character shall not change the intent of any part of the Contract from that set forth by the Contract as a whole

72 Ambiguities or discrepancies between the documents shall be explained and adjusted by the Superintendent by way of a

written instruction to the Contractor 73 Where different standards relative to the same matter appear or are referred to in the Technical Specifications then the

most stringent of such standards shall apply 8 INDEPENDENT CONTRACTOR STATUS 81 For the purpose of the performance of the Works the parties acknowledge that the Contractor is an independent

principal and is not an agent of the Company 82 The Contractor has no authority to bind the Company in any way without the express prior written agreement of the

Company 83 All persons employed by the Contractor or introduced by the Contractor on the Works shall be deemed employees (or

agents as the case might be) solely of the Contractor and all debts liabilities and obligations of any kind imposed upon or incurred by the Contractor in the performance of the Works shall be deemed to be debts liabilities and obligations solely of the Contractor

9 ASSIGNMENT The Contractor shall not assign the Contract nor any part thereof without the prior written consent of the Company nor

shall the Contractor without the prior written consent of the Company assign any benefit or interest in or under the Contract except where an official assignment of any monies due or to become due under this Contract is made in favour of the Contractors bankers

10 SUB-CONTRACTING 101 The Contractor shall not sub-contract the whole nor any part of the Works without the Companys prior written consent

Where sub-contracting is a specific requirement of the Contract or where the Company consents in writing to sub-contracting the sub-contracting shall not act as a waiver of any of the Contractorrsquos liabilities or obligations under the Contract and the Contractor shall be responsible for the acts defaults and neglects of any Sub-contractor its agents servants or workmen as if they were the acts defaults and neglects of the Contractor its agents servants or workmen Sub-contracting shall not create any contractual relationship between any Sub-contractor and the Company

102 The Contractor shall not be liable notwithstanding the provisions of clause 101 in respect of any Sub-contractor or

Vendor nominated by the Company being in default provided that the Contractor itself is not the cause partially or

wholly of such default For the purposes of this clause a Company nominated Sub-contractor or Vendor shall not

include a Sub-contractor or a Vendor selected by the Contractor from a list (of whatever number) of Company

approvedrecommended Sub-contractors or Vendors

103 All agreements made between the Contractor and any Sub-contractor must be in writing and must provide that in

respect of the work or goods the subject of the sub-contract the Sub-contractor shall be bound to the Contractor under

the same obligations and liabilities as are imposed upon the Contractor under the terms of this Contract

104 The Contractor shall comply with Ministerial Order No 441985 issued by the Ministry of Finance and Economy

concerning notification by contractors about their sub-contractors


111 The Superintendent is the Companyrsquos representative with respect to the performance of the Works and the

administration of the Contract and is authorised to give instructions in relation thereto

112 The Superintendent may at any time review and inspect the Works or any portion of them and the Contractor shall give

him access at all reasonable times to the Contractorrsquos Sub-contractorrsquos and Vendorrsquos manufacturing facilities quality

control procedures engineering tools and data including computer and scheduling programs The Superintendent may

reject any drawings specifications materials and equipment or workmanship which do not comply with the

requirements of the Contract

113 The Superintendent is authorised to make final decisions on all questions involving the interpretation of the

specifications and any Drawings and documents furnished by the Company to the Contractor

114 No approval given by the Superintendent shall be binding unless given in writing and wherever the words ldquoapprovedrdquo

ldquoauthorisedrdquo ldquoapprovalrdquo or ldquoauthorisationsrdquo are used it shall mean subject to being in writing

115 Any review agreement or approval by the Superintendent shall not be a waiver of the Contractorrsquos obligations under the

Contract

116 The Superintendent may from time to time delegate in writing to the Superintendents Representative any of the powers

and authorities vested in the Superintendent and shall furnish to the Contractor a copy of all such written delegation of

powers and authorities Any written instruction or approval given by the Superintendents Representative to the

Contractor within the terms of such delegation shall bind the Contractor as though it had been given by the

Superintendent provided always that

1161 failure of the Superintendents Representative to disapprove any work or materials shall not prejudice the

power of the Superintendent thereafter to disapprove such work or materials and to order the pulling down

removal or breaking up thereof

1162 if the Contractor is dissatisfied by reason of any decision of the Superintendents

Representative it may refer the matter to the Superintendent who shall thereupon finally

confirm reverse or vary such decision

1163 the Superintendent shall not delegate to the Superintendentrsquos Representative the authority and powers under

clause 49

117 The Superintendents Representative shall be given access to the Site at any time to monitor the Works and to test and

examine any materials to be incorporated into or workmanship employed in connection with the Works but shall have

no authority to relieve the Contractor of any of its duties or obligations under the Contract nor except as expressly

provided hereunder to order any work involving delay or any extra payment by the Company nor to make any

Variation to the Works


121 The Contractor shall keep one copy of the Drawings and any other documents furnished to it by the Company on the

Site and the same shall at all reasonable times be available for inspection and use by the Superintendent or the

Superintendentrsquos Representative or by any other person authorised by the Superintendent 122 The Contractor shall check all Drawings and other documents including data and design supplied to it by the Company

for accuracy within twenty-one days of their being so supplied and shall promptly notify the Company of any discrepancies The Company shall be responsible for the accuracy of Drawings and other documents supplied by it insofar as such inaccuracies could not reasonably have been detected by the Contractor any provision of these General Conditions for Engineering and Construction Contracts notwithstanding All reasonable costs incurred as a result of inaccuracies for which the Company is responsible hereunder shall be reimbursed to the Contractor

123 The Contractor if so directed by the Company shall prior to the issue of the Certificate of Completion or prior to

termination of the Contract or before the Contractor commences the Works promptly provide to the Superintendent all Drawings and specifications provided under the Contract or required to be developed by the Contractor

124 All Drawings specifications and other documents developed by the Contractor under the Contract shall become the

property of the Company 13 FURTHER DRAWINGS AND INSTRUCTIONS The Superintendent or the Superintendentrsquos Representative may provide the Contractor during the Contract Period such

further Drawings and instructions as shall be necessary for the proper execution of the Works and the Contractor shall carry out the Works in accordance therewith

14 CONTRACTORS DESIGN AND ENGINEERING 141 The Contractor at its cost shall promptly rectify all discrepancies errors or omissions in its engineering design or

Drawings and other data supplied by it whether the design Drawings or data have been approved by the Company or not provided such discrepancies errors or omissions are not solely due to inaccurate information or data furnished in writing to the Contractor by the Company and could not reasonably have been detected by the Contractor in which case the Company will be responsible any provision to the contrary herein notwithstanding

142 The Company shall pay all reasonable extra costs incurred by the Contractor due to any alterations to the Works necessitated solely by reason of inaccurate information supplied to the Contractor by the Company provided such information was supplied in writing by the Company If such information was not so supplied by the Company the Company will have no obligation to pay costs as aforesaid

143 The Contractor shall not start construction or installation work before the related engineering design and Drawings

required by the Technical Specification are approved by the Superintendent Such approval or reasons for rejection will

be given by the Company within fourteen (14) calendar days after submission of them to the Superintendent by the

Contractor

144 The Contractor prior to issue of the Certificate of Completion shall provide such Drawings specifications calculations

and other information as may be required with respect to the suitability and adequacy of the engineering and design

together with all necessary operating and maintenance manuals

145 The Contractor shall not be entitled to any extension of time or resultant costs for any delay in the commencement of

the Works due to the late submission of the engineering design or the Drawings to be prepared by the Contractor

pursuant to this Contract

146 No proposed modification of or alteration to the Contractorrsquos engineering or design submitted to the Superintendent for

approval shall be valid unless approved in writing If such proposals are submitted with a view primarily to achieving

economies in cost to the Contractor they shall not be approved by the Company without a commensurate reduction in

the Contract Price The Company may not approve such proposals without giving reasons therefor

147 The Contractor shall ensure that Drawings submitted by it comply with the Companys General Specification for

Engineering Draughting and Microfilming (Feb 1984)

148 The Contractor shall submit to the Superintendent all as built or as laid Drawings of the Works prior to the issue of

the Certificate of Completion


The Contractor shall be deemed to have inspected and examined the Site and its surroundings and to have satisfied itself

as to the form and nature of the Site (insofar as could be reasonably ascertained on the Site visit) the full extent and

character of the Works the means of access to the Site and the accommodation and other facilities required for the

execution of the Works and to have taken into account any physical or natural impediments anticipated or otherwise

(including climatic conditions) which may appear at the Site

16 SUFFICIENCY OF CONTRACT PRICE 161 The Contractor shall be deemed to have made proper allowance in the Contract Price of its obligations under the

Contract and the Contract Price shall be deemed to cover all its obligations under the Contract and all matters necessary for the proper execution of the Works

162 The Contractor shall remain liable to perform all of its obligations under the Contract notwithstanding that it did not

foresee any matter which has affected or may affect the performance of the Works 17 CONTRACT PRICE 171 The Contract Price is a fixed price or rates and shall not be adjusted except where permitted by and in accordance with

this Contract 172 The Contractor shall not be entitled to claim for any variation in wage rates the cost of materials Constructional Plant

Temporary Works transport or any other item which the Contractor is responsible for providing under the Contract in particular the Contractor shall not be entitled to make any claim for additional payment in the event of

1721 any misunderstanding by the Contractor in respect of any matter relating to the Works 1722 any failure by the Contractor to obtain correct information pursuant to its obligations under clauses 14 15 and

16 18 WARRANTIES 181 The Contractor warrants that 1811 it shall execute and complete the Works in a workmanlike manner and in accordance with the

Contract and shall comply with the Superintendents instructions and directions on any matter arising out of or in connection with the Works

1812 it possess the specialised knowledge expertise and experience necessary to enable it to comply with

the requirements of this Contract and to execute the Works in accordance with the requirements of this Contract

1813 each member of its personnel shall be sufficiently qualified skilled experienced and competent to

perform the Works safely reliably and to the high standards reasonably to be expected from personnel of the Contractor 1814 it shall exercise the degree of professional skill care and judgement in performance of the Works and as it is reasonable to expect from an organisation possessing the specialised knowledge expertise and experience of a contractor and who enjoys a high reputation in work in the nature of the Works

1815 it shall perform the Works in accordance with good industry practices and relevant standards and shall

comply with all relevant Kuwait national and local laws and regulations applicable to the same and in

accordance with the requirements of the Contract

1816 it shall comply with the directions of the Company and shall furnish all resources and personnel

required for the Works

1817 all items of plant equipment and tools utilised by it for the provision of the Works shall be maintained

at all times in a safe and good working condition and shall be fit for their respective intended purposes

1818 all materials and products furnished by it and its Vendors and Sub-contractors and or utilised in the

Works shall be free from defects and shall meet the specifications relating to them and all quality standards and

other requirements and shall be fit for their intended purpose

1819 it shall perform its design engineering and construction in accordance with sound engineering design

procurement and construction principles and good engineering practice all applicable codes and mandatory

regulations so that its design and engineering will be such as to permit the Works and all components thereof

to comply with the requirements of the Contract


191 The Contractor shall ensure that a competent and authorised agent or representative is constantly present during the

performance of the Works and who shall be responsible for its supervision and who shall receive on behalf of the

Contractor notices directions and instructions from the Superintendent or (subject to clause 11) the Superintendents

Representative

192 The Contractor shall employ a full time English-speaking engineer or supervisor on the Works who shall be qualified

skilled and experienced in work of a similar character to the Works but who shall not be engaged on the Works without the

Superintendentrsquos prior approval and shall not be removed from the Works by the Contractor without the agreement of the

Superintendent Subject to the specific agreement of the Superintendent such engineer or supervisor may also carry out the

duties of the Contractors representative specified in clause 191


201 The Contractor shall employ on the Works only persons who are careful skilled and experienced in their respective

trades and the Contractor if so directed shall promptly remove any person where the Superintendent reasonably

considers any person employed by the Contractor on the Works has misconducted himself or is incompetent or

negligent in the performance of his duties or whose employment is otherwise considered by the Superintendent to be

undesirable without having to state any particular reason therefor Such a person shall not be again employed on the

Works without the permission of the Superintendent Any person so removed from the Works shall be promptly

replaced by the Contractor with a person satisfactory to the Company at the Contractors cost

202 The Contractor upon the Superintendentrsquos instructions shall promptly provide particulars of any person employed in

and about the execution of the Works In particular the Contractor shall employ full time on the Works an adequate

number of skilled supervisors experienced tradesmen and labourers The Company may trade test any of the

Contractors tradesmen prior to their being employed on the Works or at any time thereafter during the Contract Period

or extension thereof

203 The Contractor prior to commencement of the Works shall submit details of the tradesmen it proposes employing for

evaluation and approval by the Company The approved Contractors personnel shall not thereafter be removed from

the Works without the prior consent of the Superintendents Representative

204 The Contractor shall ensure that its manpower is under its direct sponsorship is adequate for the execution of the Works

and is and will remain available under its sponsorship throughout the Contract Period

205 The Superintendent may suspend the Works in the event that adequate supervision is not provided by the Contractor in

which event the Contractor shall not be entitled to make any claim for any consequent additional costs or lost time

including delay costs 206 The Contractor shall keep complete and detailed records of the names and categories or trade of all workmen employed

from time to time by the Contractor including time sheets stating the hours worked by them and wages paid to them in connection with the execution of the Contract and such records shall be made available to the Superintendent for inspection on his direction

207 The Contractor shall not employ any person who has resigned or been discharged from the Company or from other

contractors hired by the Company or their Sub-contractors without a written release from such employers or until a period of not less than twenty-six (26) weeks has elapsed since the persons last working day on the staff of such organisation

208 The Contractor shall ensure that its Sub-contractors comply with the terms of this clause and clause 22 in respect of such Sub-contractors personnel

209 The Contractor shall make its own arrangements for accommodation and meals for its personnel on and off-Site where

necessary the cost of which shall be deemed included in the Contract Price 21 SETTING OUT 211 The Contractor shall be responsible for the accurate and proper setting out of the Works and for the correctness of all

positions levels dimensions and alignment of all parts of the Works and shall provide all instruments templates profiles and labour in connection therewith

212 If at any time during the Contract Period any error appears or arises in the position levels dimensions or alignment of

any part of the Works the Contractor on being directed to do so by the Superintendent or the Superintendentrsquos Representative shall at its expense promptly rectify each error to the satisfaction of the Superintendent or the Superintendentrsquos Representative unless such error was due to incorrect Drawings or data supplied in writing by the Company which could not have been reasonably detected by the Contractor in which case the reasonable rectification costs shall be borne by the Company

22 SAFETY 221 The Contractor shall ensure that the Works are carried out in accordance with the rules of safety provided by Kuwaiti

law and with safe working practices The Contractor shall comply strictly with the Companys Fire and Safety Regulations and shall provide and maintain at all times until the issuance of the Certificate of Completion and during the progress of the Works adequate guards to safeguard the Works and all materials on Site

222 The Contractor shall be deemed to have familiarised itself with the Companyrsquos Fire and Safety Regulations before

entering into the Contract and shall at the commencement of the Works ensure its personnel are fully familiar with the

Companyrsquos Fire and Safety Regulations relevant to the Works

223 A copy of the Companyrsquos Fire and Safety Regulations shall be loaned by the Company to the Contractor which the

Contractor shall return to the Company on termination of the Contract or the issue of the Final Acceptance Certificate

(whichever first occurs)

224 The Superintendent or the Superintendentrsquos Representative may test at any time any item of the Contractorrsquos

Constructional Plant notwithstanding the provisions of clause 323 The Contractor shall remove and replace at its

expense any item of Constructional Plant which in the opinion of the Superintendent or the Superintendentrsquos

Representative is unsafe

225 The Contractor shall provide all necessary safety clothing and equipment for its workmen and all other similar

requirements including competent watchmen adequate and appropriate lighting fire extinguishers red lamps during

hours of darkness and in confined spaces and adequate protection for the public and other persons including road signs

notices barricades and other protections the costs of which shall be deemed included in the Contract Price

226 The Superintendent or the Superintendentrsquos Representative or any Company safety officer or Company operator in

charge at the Site may order the cessation of any work which in his sole opinion he reasonably considers is not being

carried out in accordance with safe working practices Work so suspended shall not be resumed until the Contractor has

satisfied the Superintendent or the Superintendentrsquos Representative to the adequacy of the safety precautions employed

No claim by the Contractor for extra expense or lost time shall be valid where such claim arises out of any reasonable

order to cease work for reasons of safety or out of any reasonable requirement to take adequate safety measures having

regard to the circumstances of the Works

227 The Superintendent or the Superintendentrsquos Representative where necessary shall obtain and issue to the Contractor

Work Permits bearing the name of the Contractors representative for the execution of specific work In cases where the

Contractors representative has been notified of the necessity for a Work Permit or procedures to be followed in any

work the Contractor shall ensure that no such work is carried out without a current Work Permit or without the

Contractors representative named on such Work Permit being in continuous attendance

228 The Company will use its reasonable endeavours to ensure that a continuous Work Permit for the maximum period

allowable under the Companyrsquos Fire and Safety Regulations is issued

229 The Contractor shall be deemed to have made allowance in the Contract Price for reasonable delays due to stoppages of

work occurring as a result of safety requirements

2210 The Contractor shall be entitled to an extension of time to the Date for Completion by one working day where work is

suspended for reasons of safety by the Company for a period exceeding four hours on any day provided that the

suspension was not due to any act or omission by the Contractor

2211 The Contractor shall safeguard all buried or exposed pipelines cables and other installations and shall take all steps to

acquaint itself with the line levels and positions of all such installations before commencing any work In particular

the Contractor shall ensure that any compacting effort applied over or close to such installations shall not endanger them

in any way If deemed necessary by the Superintendents Representative only hand compaction will be employed

Where necessary the Contractor shall install suitable protective barriers for safeguarding existing installations

2212 The Contractor before commencing any hot work shall obtain from the Superintendents Representative a permit

stating that the area in which the hot work is to be carried out is gas free The Contractor shall not commence any hot

work without the requisite permit having been issued

2213 The Contractor shall not use oxy-acetylene cutting gear or welding tools on the Works unless it has obtained prior

permission in writing from the Superintendents Representative

2214 The Contractor without prejudice to the generality of clause 221 shall comply with SECTION 8 - of the Companys

Fire and Safety Regulations - DOCUMENTARY CONTROL OF HAZARDOUS WORK AND WORK PERMITS

2215 The Company through the Companyrsquos supervisor responsible for supervising the Works shall issue each Work Permit

other than the foregoing referred to in clause 2212 which are necessary for the Works and these shall be

countersigned by such supervisor and distributed in accordance with the instructions on the Work Permit

2216 The Contractor acknowledges and is placed on notice that unexploded ordnance disposal within the confines of the

Site together with the designated access roads designated areas for the Contractors office lay-down areas and other

temporary facilities has been performed on behalf of the Company by professional ordnance disposal contractors

using visual andor mechanical means

2217 The Contractor further acknowledges and is placed on notice that due to sand coverage and possible re-introduction

of explosive ordnance due to winds and subsequent movement of sand undetected explosive ordnance may be within

the Site and other designated areas andor be reintroduced into such areas and that there are potential dangers

concerning the discovery of and making safe such newly discovered items of explosive ordnance

2218 Whilst the Company has taken reasonable precautionary measures to ensure that the Site and surrounding areas are

free from unexploded ordnance the Contractor shall exercise extreme care during the execution of the Works and at

all times be vigilant exhorting his personnel to take extreme care as to the dangers of explosive ordnance during the

execution of the Works

2219 The Contractor shall include as part of its personnel orientation programme for the Works an unexploded ordnance

recognition precautions and action upon discovery programme such programme shall be

22191 mandatory for all employees including but not limited to his Sub-contractors employees

22192 conducted prior to the performance of the Works and to the employment of any person upon the

Works and

22193 conducted in the native language(s) of the personnel participating in the orientation programme and

subsequently to be employed on the Works

2220 The Contractor shall include the unexploded ordnance recognition precautions and action upon discovery

programme together with all other procedures and the like pertaining to explosive ordnance within his safety plan for

the Works

2221 In the event that the Contractor discovers unexploded ordnance the Contractor shall immediately implement the

necessary safety procedures to secure the area and shall immediately notify the Superintendent who shall effect the

disposal of the unexploded ordnance

2222 Should the Contractor require for the purpose of the execution and completion of the Works or otherwise be required

by the Superintendent to utilise areas not ascertained by the Contractor as being cleared of unexploded ordnance the

Contractor shall immediately notify the Superintendent that clearance of the concerned area is necessary

2223 Under no circumstances whatsoever shall the Contractor utilise any area of the Site designated access roads designated

areas for the Contractors offices lay-down areas and other temporary facilities that have not been declared cleared of

unexploded ordnance

2224 Where the Contractor encounters delay to the regular progress of the Works due to the discovery of unexploded

ordnance then the Date for Completion shall be extended by one (1) day for each days delay so incurred provided

always that in the reasonable opinion of the Superintendents Representative the Contractor has used his best

endeavours to avoid or otherwise mitigate such delay

2225 Notwithstanding any entitlement of the Contractor to an extension of time as provided for in clause 2224 the

Contractor shall be deemed to have made allowance for the delay costs in the Contract Price and under no

circumstances whatsoever shall the Contractor be entitled to reimbursement of delay costs


231 The Contractor shall provide each of its employees with an identification badge or card showing the Contractors name

and the name registration number and a recent photograph of the employee

232 The Contractor shall apply for passes within the time specified in the Contract Specification to enable the Works to

proceed without delay The Company shall issue passes for entry into restricted work areas subject to the Contractor

applying for them on prescribed forms attached to the Contract Specification with all relevant particulars and producing

evidence of sponsorship of all manpower and vehicles to be employed on the Works

233 The Company may not issue passes to personnel not sponsored by the Contractor and the Contractor shall not be

entitled to claim for any resultant delays or costs

234 The Contractor shall be responsible for obtaining any other passes from the State Authorities necessary for the


235 The Contractors vehicles and equipment shall be permitted into restricted work areas only after the Contractor has

obtained Restricted Area Passes for the operators and drivers and Work Permit with Entry for the relevant vehicles

or equipment

236 The Companys operational areas shall be considered restricted areas

237 The Contractor shall ensure that all Contractors personnel shall carry with them at all times whilst engaged at the Site

their Contractors identification badge or card their restricted area pass and Work Permit together with any other passes

as may be required from time to time by the State authorities

238 With reference to clauses 232 and 235 all applications for restricted area passes for use by Sub-contractors shall be

forwarded to the Superintendent through the Contractor

239 The Contractor shall ensure that all passes issued to it and its Sub-contractors or Vendors are promptly returned to the

Superintendent upon their expiry and on completion (or earlier termination) of the Works or at the time of dismissal of

any workmen

24 THE SITE

241 The Contractor shall be fully responsible for the care of the Site the Works and all Temporary Works and in the event

of any damage loss or injury arising from any cause the Contractor as a condition precedent to the issue of the

Certificate of Completion shall make same good at its own cost and ensure that the Site and the Works are in good

order and condition and in conformity with the requirements of the Contract

242 The Company may where it considers necessary as stipulated in the Contract Specification allocate an area adjacent to

the Site on which the Contractor shall provide temporary offices and stores for materials plant and equipment and the

said area so allocated shall only be used for such designated purposes

243 The Contractor shall provide and erect a suitable temporary Site office complete with acceptable sanitary facilities as

stipulated in the Contract Specification and in which event one of the rooms in the Site office shall be furnished and

air-conditioned and be for the sole use of the Companys supervisory personnel

244 The Contractor shall provide and erect temporary galvanised sheet fences around the temporary offices and storage area

and shall provide all electricity water and all necessary utilities from its resources

245 The Contractor shall provide for the Site office one (1) Company-approved 25 lbs DPC fire extinguisher The

Contractor shall upon completion of the Works clear away all temporary facilities installed by it and leave the area

clean and tidy

246 The Contractor shall utilise the area allocated to it by the Company for the storage of materials provided by the

Company to provide adequate protection from the weather for materials supplied by the Company or by the Contractor

for performance of the Works and shall ensure that such materials are stored or stacked in an orderly manner and are

readily available for checking by the Superintendents Representative when directed

247 The Contractor shall provide and erect at the Site a temporary signboard to the Companys requirements as detailed in

the Technical Specification to the Contract Upon completion of the Works the said signboard shall be removed from

the Site by the Contractor before the issue of the Certificate of Completion

248 The Contractor during the execution of the Works shall regularly clear away and remove from the Site all rubbish and

surplus materials as they arise in accordance with the instructions issued from time to time by the Superintendent On

completion of the Works the Contractor shall clear away and remove from the Site all surplus material Constructional

Plant rubbish and Temporary Works of every kind and leave the entire Site and Works clean and in a workmanlike

condition to the reasonable satisfaction of the Superintendent

249 The Company if the Contractor fails to comply with the preceding clauses 245 247 and 248 may have any rubbish

and surplus materials cleared away and deduct all costs and expenses so incurred from any monies due or which may

become due to the Contractor or recover the same as a debt from the Contractor


251 The Company from the Date for Commencement shall give the Contractor possession of so much of the Site as may

reasonably be required to enable the Contractor to commence and proceed with the performance of the Works subject to

the Contractors employees carrying all necessary valid permits and passes The Contractor shall ensure that its

personnel use only such areas of the Site as are specifically required for the Works


252 The Superintendent and any person authorised by him shall at all times have access to the Works and to the Site and to

all places where the Works are being performed

253 The access to and possession of the Site shall not be exclusive to the Contractor but shall be such as only to enable it to

execute the Works The Contractor shall in accordance with the directions of the Superintendent afford every

reasonable facility (including free access) for any other Company contractors (whose names shall be communicated in

writing to the Contractor by the Company from time to time) and their workmen and any other persons employed by the

Company on or near the Site

254 The Contractor without prejudice to the provisions of clause 253 shall ensure that no person other than the Contractor

Company approved Sub-contractors and their employees are allowed on Site without the prior written consent of the

Superintendent

255 The Contractor shall ensure that its method of construction permit free unrestricted access to the Site at all times for the

Companyrsquos personnel The Contractor shall upon the reasonable request of the Superintendentrsquos Representative give

priority and access over its own on-Site activities to that of the Companyrsquos

26 INDEMNITIES

261 The Contractor shall be liable for and shall indemnify and keep indemnified the Company against all claims demands

proceedings damages costs charges and expenses whatsoever in respect of death injury or damage to any person or

property (including any Company employees or other representatives of the Company and any property of the

Company) whatsoever which may arise out of or as a consequence of the performance of the Works irrespective of the

negligence of either party

262 The Contractor shall be liable for and shall indemnify and keep indemnified the Company against all losses and claims

for injury or death to any workman or other person in the employment of the Contractor or its sub-contractors and all

losses and claims for damage to Contractors or its Sub-contractors property which may arise out of or as a consequence

of the performance of the Works irrespective of the negligence of either party

263 Neither the Contractor nor the Company shall be liable for loss of use or anticipated profits or other consequential or

indirect loss or damage arising from any cause whatsoever and the parties hereto shall indemnify and keep indemnified

each other against all losses damages and claims therefor

264 The Contractors liability shall not exceed the limits of insurance required to be maintained by the Contractor and the

Contractor shall have no responsibility or liability to the Company or third parties beyond such limits all of which

excess liability is expressly assumed by the Company and the Company shall indemnify and keep indemnified the

Contractor against all causes of action and liability in excess of the limits of insurance to be maintained by the

Contractor provided that such liability is not as a result of the Contractors andor its Sub-contractors negligence or

wilful misconduct

265 Without prejudice to clause 264 the indemnities specified in this clause 26 are given by the parties regardless of the

cause of injuries death loss or damage and regardless of whose liability the injuries deaths losses damage and claims

might otherwise be


271 The Contractor shall effect insurance in the joint names of the Company and the Contractor and its Sub-contractors (if

any) with the Company being named as the principle against all loss or damage for which it is responsible under the

Contract and in such manner that the Company and the Contractor are covered during the Contract Period

272 The Contractor shall effect and maintain an Erection All Risks Policy with the limits as specified in the Contract

Specification in respect of the interest of the Company and the Contractor covering

2721 physical loss or damage for the full value of the Contract Price (replacement cost basis) of all Works and

Temporary Works including all materials and equipment supplied by the Company

2722 any loss or damage to Companyrsquos property located on adjacent to or surrounding the Site

2723 Constructional Plant and equipment brought on the Site by the Contractor to their full replacement

cost

273 The Contractor shall effect and maintain a General Third Party Liability Policy covering its liabilities under clause 261

and shall name the Company as principal The cover under this General Third Party Liability Policy shall be up to the

limit stipulated in the Contract Specification for any one occurrence the number of occurrences being unlimited The

policy shall include cover for fire and explosion risks the use of lifting equipment and damage to underground property

274 The Contractor shall effect and maintain Third Party Motor Vehicle Policy covering full unlimited liability (including

passenger liability) and all other insurance required in accordance with Kuwait traffic law for all vehicles supplied

used or employed on or in connection with the Works

275 The Contractor shall effect and maintain a Workmens Compensation Policy and Employers Liability Policy in

accordance with Kuwait labour law covering its liabilities under clause 262

276 The Contractor shall effect and maintain an endorsement to cover passive war risks injury death or property damage in

respect of the insurances to be obtained by it under clauses 2723 and 275

277 The Contractorrsquos obligations under clauses 24 and 26 shall not be limited or effected by the insurances under this clause

27 and shall be without prejudice to the provisions of clause 264

278 The Contractor shall effect and maintain the insurances stipulated in this clause 27 with a Kuwaiti national insurance

company and in terms approved by the Company (which approval shall not be unreasonably withheld) and the

Contractor shall prior to the commencement of the Works and whenever required by the Company produce to the

Company the policy or policies of insurance and the receipts of the current premiums

279 The Contractorrsquos obtained insurance policies to meet the requirements of the Contract shall include a waiver of

subrogation in favour of the Company in the following terms

It is hereby agreed that if any payment is made under the Policy No expiring on in respect of a claim for

an accident and the Insurer is thereupon subrogated to all the Insureds rights of recovery in relation thereto the Insurer

shall not exercise any such right against Kuwait Oil Company andor its servants representatives and agents

2710 The Company may on the Contractorrsquos failure to effect and keep in force the insurances required under the Contract

obtain and keep in force any such insurances or not obtained or kept in force by the Contractor and pay any such

premium as may be necessary for the purpose and from time to time deduct the amount so paid by the Company from

any moneys due or which may become due to the Contractor or recover the same as a debt due from the Contractor

under this Contract

2711 All insurance policies effected by the Contractor under this clause 27 shall contain the provision that they shall not be

amended deleted or permitted to lapse without the express prior written approval of the Company

28 TAXES

281 The Contractor shall pay all taxes charges or levies of whatsoever nature payable by the Contractor under Kuwaiti law

in respect of or in connection with this Contract including income or benefit derived from payments received by the

Contractor none of which shall be reimbursable by the Company

282 The Contractor shall comply with the provisions of Decree No 3 for 1955 and any subsequent amendment or re-

enactment thereof The provisions of this clause shall equally apply to any taxes charges or levies of whatsoever nature

payable by the Contractor under the law of any other country in respect of or in connection with this Contract

283 The Company shall withhold the last payment due to the Contractor under the Contract notwithstanding any provision

of the Contract to the contrary pending the submission by the Contractor of a valid certificate from the Income Tax

Control Office of Kuwait to the effect that the Contractor has discharged its tax liability


291 The Contractor shall comply insofar as applicable with all relevant laws rules and regulations of the State of Kuwait

regarding any matter affecting the Contract and shall indemnify the Company against all penalties and liability of every

kind for breach by it of any such laws rules and regulations

292 The Contractor without prejudice to the generality of clause 291 shall be deemed to have acquainted itself and shall

comply with the following

2921 Article 114 of Law No 6176 concerning Social Security

2922 Order No 77 of 1984 (Ministry of Social Affairs and Labour) concerning the Issue of Work Permits to Non-

Kuwaiti Workers in the Private Sector

2923 Law No 181978 concerning the Rules of Safety and the Protection of Public Utilities and Resources

2924 Orders of the Council of Ministers No 7385 and 2886 concerning the Protection of Local Industrial Products

and concerning the Protection of Local Industry respectively

2925 Article 33 of Labour Law No 3864 and Order No 104 of 1994 (Ministry of Social Affairs and Labour)

regarding working hours and overtime of the personnel employed by the Contractor and

2926 Law No 451978 concerning the protection of environment

293 The Contractorrsquos failure to provide adequate manpower for the performance of the Works for any reason including its

non-compliance with all or any of the laws rules and regulations (including Ministerial Orders) practices and

procedures pertaining to the recruitment of local and foreign labour will not entitle the Contractor to an extension of

time postponement of the Date for Commencement or an extension of the Date for Completion

294 The Contractor shall comply with the Kuwait import and customs rules and regulations applicable to the shipment and

import of goods or any part thereof into Kuwait

295 The Contractor shall be responsible for all necessary documentation required for customs clearance and materials

equipment construction equipment spare parts and the like The Company shall issue the necessary certification

required to assist the Contractor for customs clearance purposes

296 The Contractor shall be responsible for and shall bear all costs of customs and import duties port handling charges

transportation delivery and the like of all materials and equipment tofrom and at the Site

297 The Company shall withhold the release of the Performance Bond to the Contractor in the event that the Company

assists the Contractor in obtaining No Objection Certificates for Non-Kuwaiti employees in the performance of the

Works pending the submission by the Contractor of a valid certificate from the Ministry of Social Affairs and Labour

to the effect that the Contractor has satisfied the requirements of the said Ministry in respect of its workforce on

completion of the Contract

298 The Company shall reimburse to the Contractor all such reasonable direct costs actually incurred in the event that

subsequent to the date of the Contract any law rule or regulation (including Ministerial Order) comes into effect which

causes an increase in the Contractors cost in the performance of the Works or causes delay in such performance and

grant an extension of the Date for Completion equal to the actual delay caused by such new law rule or regulation

provided that the Contractor submits for the Companys approval sufficient evidence to the effect that the Contractor

had taken the proper immediate steps to mitigate the effect of such law rule or regulation together with a breakdown of

the claimed additional cost andor time based on the Contract Price and Date for Completion to the extent possible and

in accordance with clause 60

299 The Contractor shall not be entitled to reimbursement of any losses incurred by it as a result of change to any law during

the period of delay where the Contractor fails to complete the Works by the Date for Completion where such delay is

due to its acts or omissions

2910 The Contractor shall comply with Law No 251996 relating to declaration of commissions in connection with State

contracts and where such law is applicable or becomes applicable to this Contract the Contractor shall serve on the

Superintendent within the time limit specified by such law a declaration in the format set out in an Attachment to the

Form of Tender


The Contractor shall provide at Site all requisite sanitary arrangements at his own expense in accordance with the

applicable Municipal regulations and the Companys Public Health Code which shall be made available to the

Contractor on its request If the Contractor fails to provide adequate sanitary arrangements the Company may provide

and maintain such arrangements and charge the Contractor all such costs incurred

31 SUPPLY OF WATER

311 The Contractor at all times during the Contract Period shall provide all drinking (potable) water at the Site the cost of

which shall be deemed included in the Contract Price

312 The Company shall supply water for the Works subject to the following

3121 water for the Works (ie other than potable water) may be obtained by the Contractor free of charge (avoidable

waste excepted) from the Companys water tanker loading points but shall be conveyed at the Contractors

expense to the place where used

3122 for Works to be executed in North Kuwait only brackish water may be so obtainable without guarantee of

availability

3123 the Contractor shall ensure that there is no undue or wasteful use of water during the progress of the Works

3124 the Contractor shall be responsible for providing at its expense all necessary pipework fittings hoses and

storage


321 The Contractor shall provide all labour (including supervision thereof) transport to and from the Site and in and about

the Works including all Constructional Plant required for the performance of the Works and Temporary Works the cost

of which shall be deemed included in the Contract Price except where otherwise specified in the Contract

322 The Contractorrsquos provided Constructional Plant shall when brought on to the Site be considered the property of the

Company and shall be deemed to be exclusively intended for the execution of the Works and the Contractor shall not

remove any part of these without the consent in writing of the Superintendent (which consent shall not be

unreasonably withheld)

323 The Contractor shall submit immediately after the signing of the Contract and thereafter during the Contract Period to

the Superintendentrsquos Representative for inspection and approval all Constructional Plant in respect of its condition and

suitability for its proposed use and shall maintain the Constructional Plan in good order and condition throughout the

Contract Period 324 The Contractor prior to commencing the Works shall cause its lifting equipment to be inspected tested and certified by

and in accordance with the regulations of Lloydrsquos Register of Shipping or an equivalent approved classification society the cost of which shall be deemed included in the Contract Price The Contractor shall ensure that its lifting equipment is used within the limits specified in the relevant certificate

325 The Contractor shall produce the classification societys certificates for its lifting equipment for inspection of the

Superintendents Representative prior to commencing the Works and if so directed by the Superintendent during the Contract Period The Contractor acknowledges that certification by a classification society agent shall not be accepted and that lifting equipment not having a valid Lloydrsquos or equivalent approved classification society certificate shall not be allowed on Site

33 TRANSPORTATION AND CARRIAGE PRIORITIES 331 The Contractor shall use Kuwait Airways Corporation (herein KAC) or the respective national airline of the country

of such employees agents or representatives or the country exporting the goods in the event air travel of Contractors employees agents and representatives or air freight of goods is required or becomes necessary for the performance of the Contractors obligations under the Contract Where flights of either KAC or the national airline are not available or fully booked the Contractor shall cause carriage arrangements to be undertaken and documented by KAC

332 The Contractor shall cause the sea carriage of any materials or equipment required for the Works to be undertaken by

the Kuwait Oil Tanker Company or by the United Arab Shipping Company if the ships of either company are available at the exporting port provided that the freight rates offered by these companies are competitive with those offered by others for the carriage of similar goods to Kuwait and that carriage by the said companies will not result in a delay to the progress of the Works

34 CARE OF ROADS OVERHEAD CABLES AND PROPERTY 341 The Contractor shall use every reasonable means to prevent any of the roads tracks pipe crossings or bridges of the

Company the State or others communicating with or on the routes to the Site from being damaged and traffic on adjoining properties from being unnecessarily or improperly interfered with by any traffic of the Contractor or any of its Sub-contractors and in particular shall use routes vehicles and distributed loadings to ensure no damage or injury is occasioned to such roads tracks pipe crossings bridges and any Company State or others property

342 Where the nature of the Works requires the Contractor to use waterborne transport the provisions of clause 341 shall

be construed as though roads and tracks included a pier jetty quay wall or other structure related to a waterway and

vehicle included craft and shall have effect accordingly

343 The Contractor shall ensure that Constructional Plant in transit to and from the Site or otherwise utilised on the Works

does not damage roadside fixtures and overhead cables and their supports The Contractor shall make good in the event

it damages any property including the facilities and services referred to in this clause 34 The Company may however

at its discretion make good any damage caused by the Contractor by using other contractors or the Companyrsquos own

resources and in such case all costs of repairs shall be payable by the Contractor and in case of failure the Company

shall recover from the Contractor as a debt or may deduct from any moneys due or which may become due to the

Contractor under the Contract or any other contract between the parties


351 The Contractor shall ensure that materials equipment plant or machinery supplied by it for incorporation into the

Works are of the specification described in the Contract and where not particularly specified of good quality and fit in

every respect for the use intended Prior to ordering materials equipment plant or machinery for incorporation into the

Works the Contractor shall submit to the Superintendent for approval full technical details including all relevant

catalogues and the country of origin of all materials equipment plant or machinery and their components accessories

and the like and the name of the proposed manufacturers and or Vendors Where samples are required to be submitted

to the Superintendent or the Superintendentrsquos Representative they shall be equal in all respects to the samples earlier

submitted to and approved by the Superintendent

352 The Contractor supplied materials shall wherever possible be of Kuwaiti manufacture subject to such materials

conforming to the relevant Kuwait Standard Specifications and standards normally acceptable to the Company in

accordance with clause 2924

353 The Contractor shall supply all consumable materials required for the performance of the Works the cost of which shall

be deemed included in the Contract Price


361 The Contractor where the Company is responsible for supplying any materials for incorporation into the Works shall

from time to time as and when such material is required complete and sign the necessary requisition form as provided

by the Company which shall be checked registered and countersigned by the Superintendents Representative before

presentation to the Company for issue of such material The Contractor shall requisition such material at the earliest

practicable opportunity after commencement of the Works and in all cases shall be responsible for giving adequate

notice to the Company of its material requirements

362 The Company issued quantities of materials shall be inclusive of a reasonable waste content In the event that the

Contractor requires additional quantities of such material due to excessive wastage resulting from bad workmanship

loss or damage the Contractor shall be responsible for obtaining such additional materials and any delay arising

therefrom In the event the Company supplies additional materials under this clause the Company will debit the

Contractors account with the full replacement cost to the Company and a ten per cent (10) administration surcharge

363 The Contractor shall carry out all normal cutting adapting normal cleaning and preparation of all materials supplied by

the Company prior to their incorporation into the Works the cost of which shall be deemed included in the Contract

Price In the event that such materials at the time of issue by the Company cannot by reason of their condition be

incorporated into the Works until abnormal modifications straightening or cleaning have been carried out the

Contractor shall immediately notify such condition to the Superintendent or the Superintendentrsquos Representative who

shall authorise such remedial work as he may consider necessary to be carried out at the expense of the Company This

shall in no way relieve the Contractor of its responsibilities under clause 38

364 The Contractor shall provide all labour transportation and subject to clause 365 cranage necessary to ensure all

materials or equipment supplied by the Company for incorporation into the Works are collected by the Contractor from

the Companyrsquos Stores andor Workshops loaded transported to and off-loaded at the Site the costs of which shall be

deemed included in the Contract Price

365 The Company shall provide at all reasonable times all available Company owned cranage to facilitate loading and

offloading all materials or equipment being collected or delivered by the Contractor at the Companys Stores andor

Workshops

366 The Contractor shall promptly return all materials or equipment supplied or paid for by the Company for incorporation

into the Works which are usable and become surplus to requirements during the progress of or upon completion of the

Works to the place of issue or as otherwise directed by the Superintendent Prior to its return or delivery such material

or equipment shall be examined and verified by the Company at its Stores Receiving Section to judge its authenticity

367 The Contractor shall obtain receipts from the Companys storekeeper at the place of delivery in respect of all materials

or equipment returned under this clause 36


The Contractor shall promptly remove all water and sand which accumulates on the Site or in the trenches and

excavations during the Contract Period due to weather or other causes and in respect of which it shall not be entitled to

claim any costs including delay costs


The Contractor shall not remove from the Site or the storage area referred to in clause 24 any materials and equipment

supplied for the Works or paid for by the Company nor any surplus materials and equipment not incorporated into the

Works without the prior consent in writing of the Superintendent or of the Superintendentrsquos Representative and such

materials and equipment shall remain the property of the Company and shall be handled transported and delivered by

the Contractor as directed by the Superintendent or the Superintendentrsquos Representative (the cost of which shall be

deemed included in the Contract Price) The Contractor shall promptly replace at its own expense any such material or

equipment which is lost stolen or damaged from any cause whatsoever during the Contract Period


391 When the Contractor considers that the Works are ready for testing and commissioning it shall notify the Superintendent

in writing and both parties shall agree a date on which testing shall commence The Contractor shall ensure prior to the

commencement of testing that the necessary test equipment are ready to enable uninterrupted testing of the Works

392 Procedures for the testing of the Works shall be presented by the Contractor in writing and approved by the

Superintendent before testing starts

393 The Contractor shall provide adequate supervision at all times during the tests and shall be responsible for the safe and

proper operation of the testing and commissioning work during that period

394 The Contractor shall ensure that all testing and commissioning shall be carried out in the presence of the

Superintendentrsquos Representative

395 The Contractor shall promptly rectify at its cost any fault found during the testing

396 All test results shall be submitted by the Contractor to the Superintendentrsquos Representative for approval before

commissioning the Works

397 The Contractor shall not cover up or put out of view any work without the approval of the Superintendent or the

Superintendentrsquos Representative and shall serve on the Superintendent a notice of its intention to cover up in order to

permit the Company to examine and measure any work which is about to be covered up or put out of view The

Superintendent and the Superintendentrsquos Representative shall ensure that their examination and measurement of work is

carried out in such a manner as to avoid unreasonable delay to the progress of the Contractor in its performance of the

Works


The Contractor shall uncover any part of the Works or make openings in or through the same as the Superintendent or

the Superintendentrsquos Representative may from time to time direct and shall reinstate and make good such part to the

satisfaction of the Superintendent or the Superintendentrsquos Representative If any part of the Works which has been

covered up or put out of view after compliance with clause 39 and is subsequently directed by the Company to be

uncovered and found to be executed in accordance with the Contract the costs of uncovering reinstating and making

good shall be borne by the Company but in all other cases such costs shall be borne by the Contractor


411 The Contractor shall as and when the Superintendent or the Superintendentrsquos Representative so orders in writing

4111 promptly remove from the Site of any materials or equipment supplied by the Contractor which are not in

accordance with the Contract

4112 promptly substitute proper and suitable materials or equipment for those removed pursuant to clause 4111

and

4113 promptly remove or re-execute (notwithstanding any interim payment made therefor) any work which in

respect of materials or equipment supplied by the Contractor or workmanship or design by the Contractor for

which it is responsible is not in accordance with the Contract

412 The Company where the Contractor does not comply with any written instruction issued by the Superintendent under

clause 411 within seven days immediately following the date of such instruction may employ and pay other persons to

execute any work which may be necessary to give effect to such instruction and all costs incurred in connection

therewith shall be recoverable from the Contractor by the Company as a debt or may be deducted from any moneys due

or which may become due to the Contractor under this or any other Contract between the parties hereto without notice

or any judicial proceedings

42 URGENT REPAIRS

The Superintendent where urgent measures are necessary may verbally order and as soon as reasonably practicable

thereafter confirm in writing the Contractor to perform any work which in the opinion of the Superintendent is

necessary to avoid the risk of an accident The Contractor on receipt of a verbal instruction from the Superintendent

shall immediately carry out the work as instructed If the Contractor fails to carry out the Superintendentrsquos orders

immediately the Company may use its own other resources and personnel to execute such emergency work If the

work executed by the Company is of the kind that the Contractor was liable to perform at its expense then all costs and

expenses so incurred by the Company shall be recoverable from the Contractor as a debt andor from the Performance

Bond andor any moneys due or which may become due to it under this or any other contract between the parties

However where the Contractor although not liable carries out the work it is directed to perform the Company shall pay

the Contractor for such work at the rates set out in the Contract for similar work In the absence of availability of rates

in the Contract the Contractor shall be paid the reasonable prevailent commercial market rates agreed between the

Superintendent and the Contractor


The Contractor unless the Contract Specification provides otherwise shall commence the Works on the Date for

Commencement specified in the written order from the Superintendent to commence and shall proceed to execute the

Works in accordance with this Contract

44 WORKING HOURS

441 The Contractor shall perform the Works at the Site from 0700 hours to 1500 hours or such other hours as permitted by

the Superintendent subject to a maximum of eight (8) hours Saturday through Thursday except

4411 during Ramadhan when the working hours Saturday through Thursday shall be 0900 hours to 1500 hours and

4412 on Company holidays as may be declared from time to time when no work shall be carried out

442 The Contractor shall adhere strictly to the working hours specified in clause 441 and shall not carry out any work

outside these hours without the Superintendents prior written permission or direction (save for irregular non-scheduled

overtime work the requirement for completion of which is inherent in such work as by way of example the finishing of

a pour of concrete) and any work so permitted or directed shall be at no additional expense to the Company


451 The Contractor within fifteen (15) calendar days from the date of signing the Contract (or such other period as stated in

the Contract Specification) shall submit to the Company a fully detailed programme of work based upon the

preliminary programme of work submitted by the Contractor attached to the Form of Tender which shall show the

sequence and duration of various phases of the Works and the manner in which they shall be carried out the start and

completion dates of all the major phases of the Works including procurement shipment delivery at Site installation

testing and commissioning document submission and all other related activities in sufficient detail a critical path

network showing the duration sequence and inter-relationship of all activities of the Works including those activities

not on the critical path and as further required in the Contract Specification

452 The programme submitted in accordance with clause 451 may be in the form of bar chart Once approved by the

Superintendent no amendments shall be made to the Programme without the express prior written approval of the

Superintendent or the Superintendents Representative

453 The Contractor shall submit with its detailed programme of work a manpower histogram for the Works and detail the

numerical breakdown of the various trades and disciplines of the said manpower

454 The Contractor where the progress of an activity is behind the Programme shall promptly inform the Superintendent in

writing giving detailed reason and suggestions to avoid or minimise delay and options for corrective action

455 The Contractor where the Superintendent reasonably considers that the Works are not proceeding in accordance with

the Programme shall at its cost provide additional manpower and equipment or take such other measures as may be

approved or ordered by the Superintendent to ensure completion of the Works by the Date for Completion The

Programme shall be based on the assumption that no delays will be caused by the Companys operational requirements

other than those arising as specified in clauses 228 and 229

456 The Company may at any time instruct the Contractor to re-schedule or alter the sequence of the Works to suit the

Companyrsquos operational requirements The Contractor shall promptly revise and resubmit the Programme for approval

of the Superintendent and inform the Superintendent of any claim it considers it reasonably has as a consequence of any

altered sequence of execution of the Works The Contractor upon receipt of the Superintendentrsquos written instructions

shall promptly implement the changes to the Programme and proceed diligently to mitigate the effect of the re-

scheduling or alteration of the Programme on the overall progress of the Works


The Contractor shall complete the Works excluding the obligations to be carried out under the Defects Liability Period

by the Date for Completion as specified in the Contract Specification calculated from the Date for Commencement

47 CERTIFICATE OF COMPLETION 471 The Contractor when the Works have been completed in accordance with the Contract (except in minor respects that do

not affect their use for the purpose for which they are intended and save for the obligations of the Contractor under clause 48) and the Works have satisfactorily passed any final test that may be prescribed in the Contract shall apply to the Company for the Certificate of Completion The Superintendent shall if satisfied that the Works are complete and final testing is satisfactory issue the Certificate of Completion and the effective date of such Certificate of Completion shall be the actual date of completion and from which date the Defects Liability Period shall commence The issue of the Certificate of Completion shall not be an admission that the Works have been completed in every respect The Contractor shall complete with all due diligence any work the subject of an exception to the Certificate of Completion

472 The Contractor as a pre-requisite to the issue of the Certificate of Completion shall deliver to the Superintendent all

available warranties and guarantees from manufacturers and Vendors of all equipment for incorporation into the Works and if so directed by the Company shall assist the Company in the enforcement of warranty claims

473 The benefit of additional manufacturers and Vendors guarantees and warranties relating to all materials and equipment

incorporated in the Works shall accrue to the Company and the Contractor shall render the Company every assistance in enforcing such guarantees and warranties as necessary as and when desired to do so by the Company

48 DEFECTS LIABILITY PERIOD 481 The Defects Liability Period shall be 12 months The Contractor shall make good and rectify at its expense all defects

omissions or faults that arise or become apparent in the Works during the Defects Liability Period due to defective engineering or design or to unsatisfactory workmanship or to the use of the Contractor supplied materials or equipment not in accordance with the Contract or to the neglect or failure by the Contractor to comply with any of its obligations under the Contract

482 The Contractor on receipt of written notice from the Superintendent shall make good and rectify all defects omission

or faults within a reasonable time as instructed by the Superintendent If the Contractor fails to remedy the defects within the time instructed by the Superintendent the Company shall carry out such work and shall recover from the Contractor the cost incurred or may deduct the cost of such works from the Performance Bond or any moneys due or which may become due to the Contractor under this or any other contract between the parties

483 In respect of any part of the Works affected by defects omissions or faults arising within the Defects Liability Period a

new twelve month Defects Liability Period in respect of such part of the Works shall commence from the date such

defects omissions or faults are made good and rectified and recorded on a Defects Rectification Certificate or such

other Defects Rectification Certificates as the case may be

484 The Final Acceptance Certificate shall be issued by the Superintendent when the Contractor has complied with all of its

obligation under clauses 481 and 483

485 The Company shall make good at its own expense any such defects or faults which shall be due to defective material

supplied by the Company or any other cause not specified or implied in clause 481

49 VARIATIONS

491 The Superintendent may make any Variation to the Works or any part of it that may in his opinion be necessary and

may instruct the Contractor to do any of the following

4911 increase or decrease the quantity of any work included in the Contract within such limits as may be defined by

the Company

4912 omit any such work

4913 change the character or quality or kind of any such work

4914 change the levels lines position dimensions of any part of the Works and

4915 execute additional work of any kind necessary for the completion of the Works

492 The Contractor shall not execute a Variation subject only to the terms of clause 493 without an Adjustment Order

signed by both parties which shall specify the effect (if any) on the Contract Price andor the Date for Completion An

Adjustment Order shall in no way affect the rights or obligations of the parties except as expressly provided All

provisions of the Contract shall apply to Variations

493 In the event that any Variation is urgent and the performance of the Works cannot in the sole opinion of the

Superintendent proceed unimpeded due to time involved in processing an Adjustment Order the Variation shall be

carried out by the Contractor after receiving an order in writing from the Superintendent specifying the effect thereof (if

any) on the Contract Price and the Date for Completion as agreed with the Contractor pursuant to clauses 494 and 495

The parties as soon as practicable thereafter shall sign an Adjustment Order Variation carried out by the Contractor

other than in accordance with this clause shall be to the Contractors account

494 Each Variation shall be valued at the rates set out in the Contract if applicable If the Contract does not contain any

rates applicable to a Variation then reasonable rates (having regard to commercial market rates) shall be agreed by the


495 The Superintendent shall grant an extension or deduction of time to the Date for Completion resulting from a Variation


501 The Contractor shall submit an invoice based upon the physical progress of the Works (to be measured by using the

standard method of measurement appropriate to the Works and in accordance with customary industry practice) with

relevant supporting documents at the end of each appropriate month to the Companys Financial Accounts Department

claiming payment for work executed in accordance with the Contract

502 The Company shall make payment of invoices certified as correct by the Superintendent within 30 days of receipt of

such invoice by the Company subject to clauses 28 29 and 51 to a Kuwaiti Bank account designated by the Contractor

details of which have been notified to the Company by the Contractor on the date of signing of the Contract

51 RETENTION

511 The Company shall deduct and retain five per cent (5) of the Contract Price unless otherwise stated in the Contract

Specification Such deductions shall be made from the amounts certified by the Superintendent in accordance with

clause 50 512 The Contractor upon the issue of the Certificate of Completion shall be paid half of the aggregate sum retained by

operation of this clause 51 and the balance shall become due and payable to the Contractor upon the issue of the Final Acceptance Certificate The Company may on the Contractorrsquos request release the balance retention monies prior to the issuance of the Final Acceptance Certificate provided that the Contractor furnishes the Company with an unconditional bank guarantee in a form approved and acceptable to the Company for an equivalent amount valid until the issuance of the Final Acceptance Certificate

52 PATENTS AND COPYRIGHT 521 The Contractor shall indemnify defend and save harmless the Company from and against all liability claims suits

actions losses costs damages and expenses brought against the Company or incurred by the Company as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and arising out of the engineering design equipment materials or processes furnished by the Contractor

522 The Contractor shall not make any admission of liability without first informing the Company 523 The Contractor in order to avoid any claim or actions may substitute at its expense by non infringing equipment

materials or processes or modify at its expense such infringing design equipment materials and processes so that they become non infringing provided that such substituted and modified design equipment materials and processes meet all the requirements of the Contract and are approved by the Company

524 The copyright in all work which is produced either by or on behalf of the Contractor or the Company in connection with

the Contract shall be the exclusive property of the Company 525 The provisions of this clause 52 shall survive termination or expiry of the Contract 53 CONFIDENTIALITY 531 The Contractor shall hold in confidence and not divulge to third parties or use in any way whatever except with the

prior written approval of the Company any information disclosed directly or indirectly to the Contractor by the Company in regard to the Works or which is provided by the Company or is prepared for the Company by the Contractor so long as and to the extent that such information is not in the public domain or was not prior to receipt from the Company already in the possession of the Contractor

532 The Contractor under the same secrecy conditions required of the Contractor under clause 531 may disclose to Sub-

contractors and Vendors information to be held in confidence if necessary for the prosecution of the Works

533 The Contractor shall not make any announcement or release any information concerning the Contract or the Works to

any member of the public or the media or any third party unless prior written consent is obtained from the Company

534 The provisions of this clause 53 shall survive termination or expiry of the Contract


541 The Contractor on the written instruction of the Superintendent shall suspend the progress of the Works or part thereof

for such time or times and in such manner as the Superintendent may consider necessary and shall during such

suspension properly protect and secure the Works All reasonable actual costs unavoidably incurred by the Contractor

in giving effect to the Superintendents instruction under this clause and in subsequently recommencing the performance

of the Works shall be payable by the Company unless such suspension is

5411 by reason of some default on the part of the Contractor or

5412 is not payable under the Contract

and provided that the Contractor gives notice in writing to the Superintendent of its intention to claim within seven

days immediately following the date of the Superintendents instruction to suspend the Works In the event that it

appears likely that any such suspension will exceed seven (7) days then the Contractor shall promptly submit to the

Superintendent for his approval its proposed measures for mitigating the costs of such suspension and upon receipt of

such written approval (which shall be given within 48 hours) shall immediately implement the measures

542 Where work is suspended or cannot be carried out at Site for an aggregate period exceeding four (4) hours on any day

due to severe weather conditions notwithstanding the provisions of clause 591 the Contractor shall be entitled to an

extension of time of one working day The Contractor shall not be entitled to any additional costs of whatever nature

due to extension of time granted under this clause 542 Any extension of time granted as a result of such suspension

shall be formalised by an Adjustment Order


551 The Company after giving seven days advance written notice to the Contractor may enter the Site and expel the

Contractor and terminate the Contract without need for any judicial proceedings if the Contractor becomes bankrupt or

has a receiving order made against it or has filed a bankruptcy petition or makes arrangement with or assignment in

favour of its creditors or agrees to carry out the Contract under a committee of inspection of its creditors or being a

corporation has gone into liquidation (other than a voluntary liquidation for the purposes of amalgamation or

reconstruction) or has had an execution levied on its goods or generally if anything arises to indicate conclusively to

the Company that the Contractor is financially insolvent

552 The Company may give the Contractor written notice in the event of the following occurrences calling upon the

Contractor to remedy its default within seven days of receipt of notice or within such other reasonable period directed

by the Superintendent failing which the Company may terminate the Contract or part of the Works without the need

for judicial proceedings

5521 if the Contractor without prior written approval of the Company assigns the Contract or sub-contracts the

Works or any part thereof

5522 if the Contractor has abandoned the Contract

5523 if without reasonable excuse the Contractor has failed to commence the Works or has suspended the progress

of the Works

5524 if the Contractor is slow in executing the Works has failed to proceed with the Works with due diligence or so

far behind the Programme that in the reasonable opinion of the Superintendent it is unlikely to complete the

Works by the Date for Completion

5525 if the Contractor has failed to remove rejected materials from the Site or to pull down and replace work which

has been rejected by the Superintendent or

5526 if the Contractor has not executed the Works in accordance with the Contract or has persistently or flagrantly

neglected its obligations

553 The Company may in the event it exercises its rights under clause 551 or 552 complete the Works or employ other

contractors to complete the Works and in so doing the Company or such other contractor may use any of the

Constructional Plant Temporary Works and unused materials (being originally the property of the Contractor) as it

may think proper and the Company shall not be responsible to the Contractor or third parties for whatever damage or

loss of value such property may sustain or for payment of any amount that may be due to third parties thereon or

payment of any rents therefor whether to the Contractor or third parties and may at any time sell or attach any or all of

the said Constructional Plant Temporary Works and unused materials and shall hold the proceeds of the sale to the

credit of the Contractor or apply them in or towards the satisfaction of any sums due or which may become due to the

Company under the Contract

554 The Contractor where the Company has incurred any expenses in executing the Works as result of the Contractorrsquos

fault shall accept as conclusive evidence the statements of the Company with respect to the amounts paid and expenses

incurred by the Company in executing the Contract and all matters relating to it Likewise any contracts concluded

between the Company and third parties for this purpose shall form a basis for settlement

555 Notwithstanding any provision herein to the contrary any amounts due to the Company under the Contract including

overpayments liquidated or other damages and expenses shall be recoverable without notice or judicial proceedings by

deduction from the Performance Bond or any moneys due or becoming due to the Contractor under this or any other

contract with the Company whether or not the Company has exercised its rights of termination in accordance with this

clause 55

556 The rights and remedies of Company provided by this clause 55 are in addition to any other rights and remedies

provided by law or under the Contract


561 The Contractor upon termination of this Contract by the Company in accordance with clause 55 if instructed by the

Company and subject to the Companys rights under clause 55 shall promptly remove from the Site in a safe and

proper manner and with such precautions as shall prevent injury or damage for which before such termination it was

liable under clause 26 all Constructional Plant and Temporary Works supplied by the Contractor 562 The Company shall be under no liability to the Contractor whatsoever (save for any surplus accruing as a result of the

sum certified under clause 5622 exceeding the gross amount specified in clause 564) and the Contractors liability to the Company shall be for an amount calculated as soon as practicable after termination by the Superintendent who shall measure calculate and certify the following

5621 the amount (if any) which at the time of such termination had been reasonably earned by the Contractor in

respect of work actually satisfactorily performed by it under the Contract This amount (hereinafter Sum A) shall be the gross value of such work less five per cent (5) of such amount to provide for costs which otherwise might have arisen pursuant to clause 48

5622 the outstanding amount (if any) due to the Contractor at the time of such termination which shall be the amount

determined by the deduction from Sum A of the amounts already paid to the Contractor under the Contract (hereinafter Sum B)

5623 the value of the outstanding work under the Contract at the time of such termination which shall be the

Contract Price less Sum A (hereinafter Sum C) 563 Following such termination as soon as the actual or prospective cost of completion of the Works has been ascertained

the Superintendent shall certify the amount (hereinafter Sum D)

564 The amount (if any) due to the Company by the Contractor shall be the gross amount of the following

5641 The amount by which Sum D exceeds Sum C 5642 10 administrative costs on Sum D 5643 Any other loss or damages suffered by the Company due to the Contractors breach of Contract 5644 The above amount shall be payable as soon as notified to the Contractor by the Superintendent and

shall be recoverable as a debt to the Company Without prejudice to any other method of recovery and without the need for judicial proceedings the Company may recover all or part of such debt by the sale of the Contractors property in accordance with the provisions of clause 55

565 Notwithstanding any provision herein to the contrary in the event there is a Sum B this will be credited to the

Contractor after deductions under clause 564

566 The parties on termination shall attempt to agree in writing the precise state of progress of the Works and on the

inventory of Constructional Plant and materials provided for incorporation in the Works If the Contractor fails to

present itself promptly at termination in order to reach such an agreement or on failure to reach an agreement the

Company shall measure the state of progress and compile such inventory and such progress and inventory as certified

by the Superintendent shall be binding on the parties


571 The Company may terminate the Contract or any part of the Works at any time by giving the Contractor a written notice

without cause Such notice shall specify the effective date of termination should it be different from the date of the

notice and the Contractor shall cease all work on that date and thereafter shall do only such work as may be necessary to

preserve and protect the Works the Temporary Works and materials provided for incorporation in the Works until

handing over to the Company is effected

572 Upon termination by the Company under clause 571 the Contractor shall promptly remove from the Site all

Constructional Plant and Temporary Works supplied by it and in the event of any injury or damage caused by such

removal shall be liable in accordance with clause 26

573 The Company upon termination under this clause 57 shall pay to the Contractor in full and final satisfaction of all

claims and entitlement of the Contractor arising out of or in connection with termination of the Contract under this

clause 57 after subtracting therefrom any amounts already paid by the Company the amounts as certified by the

Superintendent of

5731 the Contract value of the Works completed at the date of termination subject to clause 49

5732 the value of work begun and executed but not completed at the date of such termination

5733 the cost of materials or goods properly ordered for the Works for which the Contractor shall have paid or shall

be liable to pay provided these are handed over to the Company and are of a quantity and quality acceptable to

the Company

5734 the reasonable cost of removal of Constructional Plant and Temporary Works and

5735 the reasonable overhead costs to which the Contractor has committed itself solely with respect to the

performance of the Contract and which the Contractor can demonstrate conclusively are impossible to avoid

subsequent to termination


581 The Contractor where it fails to complete the Works (excluding the obligations to be carried out under the Defects

Liability Period) by the Date for Completion or as extended shall pay to the Company the sum specified in the Contract

Specification as liquidated damages for such default and not as a penalty for each day of the period which shall elapse

between the Date for Completion (as may have been extended) and the actual date of completion of the Works as

certified by the Superintendent

582 The Company without prejudice to any other method of recovery and without the need for judicial proceedings may

deduct the amount of liquidated damages from any moneys in its hands due or which may become due to the

Contractor No prior notice shall be required for the application of liquidated damages which shall become due and

payable by the mere event of delay The payment or deduction of such damages shall not relieve the Contractor from its

obligation to complete the Works or from any other of its obligations and liabilities

583 Nothing in this clause 58 shall operate to limit or restrict any other rights and remedies available to the Company in law

or under the Contract

59 FORCE MAJEURE

591 Force Majeure shall be any event or occurrence starting after the date of this Contract whatever the origin which

cannot be foreseen and is beyond the control of and cannot be circumvented by the party affected and which renders

the performance of the obligation impossible Force Majeure shall exclude amongst others inclement weather

congestion of orders at a manufacturers plant an oversold condition of the market lack of manpower lack of material

inefficiencies of the Contractor its Vendors or Sub-contractors of any tier or similar occurrences

592 Neither party shall be considered in default of its obligations hereunder if the performance of these obligations is

delayed hindered or prevented by Force Majeure provided that within seven (7) days after the start of an event or

occurrence claimed as Force Majeure the party affected by Force Majeure gives the other party written notice of such

event or occurrence and that immediate steps are taken by the affected party to mitigate where possible the effects of the

event or occurrence

593 Should the Contractor be delayed in execution of the Works by an occurrence it believes to be Force Majeure and the

Contractor cannot avoid or prevent the said delay by any means whatever and provided the Contractor has given notice

to the Company as specified in clause 592 then the Company if it agrees will give notice to the Contractor confirming

the existence of Force Majeure and will authorise the issue of an Adjustment Order as may be necessary in accordance

with clause 495

594 Notwithstanding any provision herein to the contrary the Contractor shall not be entitled to any additional costs of

whatever nature due to extension of time granted by the Company to the Contractor under this clause 59


601 The Contractor shall make all claims against the Company in writing not more than seven days after the event giving

rise to such claim

602 The Contractor shall constantly endeavour to prevent delays to the execution of the Works and shall diligently

investigate and inform the Superintendent of possible methods to overcome potential or actual delays

603 The Contractor except where expressly permitted under the Contract shall not be entitled to an extension of time to the

Date for Completion in respect of any delay to the progress of the Works

604 The Contractor immediately upon becoming aware of any likely delay (or the commencement of any delay) to the

Works shall promptly serve a notice in writing of the delay on the Superintendent giving as complete details of the

delay as possible with all supporting documents and a reasonable estimate of the delay or likely delay to the progress of

the Works

605 The Contractor where the delay is a delay event entitling it to claim an extension of time shall inform the

Superintendent in the notice of delay of any extension of time it considers it is entitled to claim 606 The Superintendent as soon as practicable will issue instruction to the Contractor in respect of the delay 607 The Contractorrsquos sole entitlement to reimbursement of any delay costs and losses incurred by it due to delay caused by

any act or omission by the Company (but not for any other delay event) shall be the direct loss the Contractor proves to the satisfaction of the Company that it has suffered

608 Where there is concurrent delay by both the Company and the Contractor the predominant cause of delay as

determined by the Superintendent shall be regarded as the cause of delay to the progress of the Works 609 It is a condition precedent to the Contractorrsquos entitlement to an extension of time and or Company caused delay costs as

the case may be that it complies with all the following conditions precedent namely the Contractor

6091 has complied with the time and notice provisions of clauses 601 604 and 605

6092 can demonstrate by reference to the Programme that the delay event is on the critical path 6093 has made reasonable attempts to avoid or mitigate the delay (giving details)

6094 can reasonably demonstrate that its acts breach fault negligence or omissions were not the cause of any

delay event

6095 can establish to the satisfaction of the Company that the amount claimed is the direct cost and loss the Contractor has suffered as a result of the Company caused delay

61 CONTINUANCE OF THE WORKS The Contractor at all times notwithstanding any disagreement dispute protest or court proceedings relating directly or

indirectly to the Works shall proceed with the Works in accordance with the determinations instructions and clarifications of the Company If the Contractor fails to proceed with the Works it shall be considered to be in default During the period Contractor is proceeding with the Works it shall be paid the undisputed portion of any claim or payments due under the Contract as the case may be

62 GOVERNING LAW The Contract shall be deemed to have been signed in Kuwait It shall be construed and have effect in all respects in

accordance with the laws of the State of Kuwait and both the Company and the Contractor agree and accept that the Courts of Kuwait shall have exclusive jurisdiction to decide all disputes between the parties

63 PERFORMANCE BOND 631 The Company if it considers the Contractor in default or in order to recover monies due to it may at any time without

prior notice to the Contractor draw on the Performance Bond 632 The Contractor shall keep the Performance Bond in its full value in the event of withdrawal thereon and at the

Companyrsquos direction increase the value of the Performance Bond proportionally with any increase in the Contract Price resulting from any Adjustment Order

633 The Contractor shall extend the validity of the Performance Bond to correspond with the end of the Contract Period and

until compliance by it of the requirements of clause 297 64 NOTICES All notices required by the Contract shall be considered as duly given if in writing and sent by registered mail to the

Contractor or the Company at their respective offices as stated in the Memorandum of Agreement or sent by registered mail (or handed) to their duly authorised representatives Notices may also be given by telex or fax provided that confirmation of any such notice given is received within fifteen (15) days of the date of the notice

65 65 KUWAITI AGENT

The Contractor where it is not a Kuwaiti shall appoint a Kuwaiti agent in Kuwait in respect of the Contract and shall provide the following details of its Kuwaiti agent so appointed as and when required by the Company (a) (a) name (b) (b) address in Kuwait (c) (c) address of main place of business or office in Kuwait (if different from [ii] above) and (d) (d) letter from the agent on agentrsquos letterhead confirming appointment

Sub-Contractorrsquos Safety Requirements

Appendix to Main Contract

The responsibility of job safety is vested with the sub-contractor organization The sub-contractor organization will integrate safety as part of the construction process As part of this agreement the sub-contractor will submit a copy of their written safety program to the general contractor for review as well as a copy of the latest Workersrsquo Compensation loss run or experience modification

The sub-contractorrsquos safety and health program shall be at least as effective as the general contractor If it is reviewed not to be the sub-contractor will use the program given to them by the general contractor Prior to each job start the sub-contractor will meet with a representative of the general contractor to review an outline of the safety and health requirements

Prior to the start of the job the sub-contractor shall adhere to the following requirements and have the following procedures in place

1 The sub-contractor shall show proof of safety and health training in the following areas hazard communication a certified hazardous assessment to meet the personal protection equipment or PPE compliance fire protection medical first aid lock-out tag-out new employee orientation safety training and if applicable welding procedures operations and maintenance scaffolding fall protection electrical and confined space All acceptable safety procedures are to be followed

2 The sub-contractor will provide MSDS sheets for each applicable job and have them on the job site as well as train their own employees about the hazards associated with components used on that site In conjunction with this the sub-contractor shall have their own written hazard communication program

3 All sub-contractor employees will be instructed to report any work related accidents immediately to the foreman or superintendent and the sub-contractor representative will investigate these accidents immediately A copy of the incident form should go to the general contractor

4 The representative for the sub-contractor shall conduct a weekly job site inspection using the attached checklist and submit this to the general contractor representative

5 All sub-contractor employees shall be instructed in the use and operation of applicable fall protection and the use of scaffolding

6 All sub-contractor employees shall have weekly regular toolbox meetings in which attendance will be mandatory and the topic of discussion shall be documented

7 The sub-contractor shall enforce a no drug andor alcohol use on the job site position 8 All sub-contractor employees shall be instructed and enforced to use hard hats safety glasses

steel toe shoes gloves respirators face shields and ear protection where applicable 9 The sub-contractor shall be responsible for posting all EEO OSHA and Department of Labor

forms as well as emergency and medical telephone numbers Complete compliance to OSHA Regulations is a must Failure to comply with this requirement may result in dismissal from the project

10 The sub-contractor shall be responsible to enforce and submit copies of insurance certificates and additional insured endorsements for their sub-contractors through the general contractor prior to the job site

11 The sub-contractor shall provide fire extinguishers on the job site and train their own employees on their use

12 When using ladders the sub-contractor shall require regular inspection of ladders in use and where defective they shall be removed

13 The sub-contractor shall also inspect all machinery that they bring on the job site for proper use operation and maintenance Safety guards and safety devices shall be intact and used in the manner intended This includes power tools to ensure proper guarding

14 If the general contractor witnesses an unsafe act andor condition on the part of a sub-employee they shall notify the sub-foreman with an abatement date If the condition or situation is not corrected by the abatement date the general contractor shall correct the situation andor condition and delete the cost of correction for the sub-contract billing A third violation per project could result in a deduction in your contract

15 All electrical equipment shall have GFI protection 16 No employee shall operate tools or equipment for which they are not properly trained to

operate 17 Proper shoring andor sloping of any trench with a depth of 5 feet or more 18 Lock-out tag-out procedures are to be followed 19 Stay clear of all loads and moving equipment 20 Any unattended floor opening shall be secured (covered barricaded etc) 21 All debris trash etc shall be cleaned up and discarded in a timely fashion

Hot Work Requirements

What is a Hot Work Permit

Hot work is defined as cutting and welding operations for constructiondemolition activities that involve the use of portable gas or arc welding equipment The use of these types of equipment for cutting and welding introduces significant fire hazards into UniKLMFI uilding

The hot work permit system is intended to educate the parties involved in construction of these hazards and to implement control measures to help mitigate them

A hot work permit is the means by which the departments of Facilities Design and Construction and Risk Management and Safety can stay aware and keep track of construction activities that involve hot work The hot work permit also provides a step-by-step check list for hot work fire safety and serves as a reminder to contractors of their fire prevention responsibilities before during and after any hot work is conducted

How Does the Hot Work Permit System Work

Before a contractor can perform hot work for a UniKLMFconstruction project they need to get a hot work permit To get a permit the contractor must to go to the Department of Risk Management After completing a sign-out form the permit is issued to the contractor for a specified time period for the building where the work will be performed The contractor may then perform the hot work following the precautions outlined on the permit After the hot work is completed the contractor turns the permit over to their UA Construction Project Manager

When is a Hot Work Permit Necessary

Hot work permits are needed for all cutting or welding activities that are conducted with portable gas or arc equipment on UniKLMFconstruction projects

Where is a Hot Work Permit Necessary

Hot work permits are needed for each building where hot work will be performed (utility tunnels are considered to be separate buildings) For example if one contractor is performing work at several different buildings for one project a permit is necessary for each building

Who Needs Hot Work Permits

Hot work permits are needed for each and every contractor or sub-contractortrade performing hot work for a project For example if there are three different sub-contractorstrades performing hot work on one project each sub-contractortrade is responsible for obtaining a permit for their own work

Where Do I Pick Up a Hot Work Permit

UA Risk Management and Safety issues hot work permits Permits can be obtained at the Risk Management office at 4th floor UniKLMFwekdays between 800 am and 500 pm The contractor will have to sign for the permit and must provide the following information the contractors company name the buildingarea (building name and number) in which the hot work will be performed their UA Construction Project Managers name and the UA Project number

At the time the permit is obtained a brief description of how the permit should be used will be provided to the contractor

Once the permit is signed-out Risk Management and Safety will notify the projects UA Construction Project Manager that a hot work permit has been issued for a particular project and the duration for which the permit has been issued

How Long is a Hot Work Permit Valid

The duration of a hot work permit depends upon the type of project (new or existing construction) and the character of the hot work The following are guidelines used to determine how long a permit is good for These are guidelines If there are conditions unique to the project or activities a contractor will be performing exceptions can be made Contact your UA Construction Project Manager for information

For NEW CONSTRUCTION permits are issued in 28-DAY intervals New construction is defined as new buildings additions to existing buildings new tunnels (including vaults) and new exterior improvement work The following are the types of work anticipated for new construction

Structural hot work - cuttingwelding reinforcing steel and structural steel for all of the projects structural work (tunnels construction building super-structure site work)

Mechanical hot work - tunnel services connections building system installations HVAC equipment installations

General activities hot work - all other cuttingwelding for equipmentbuilding component installations (handrails guardrails specialties and ornamental metal)

For RENOVATIONS and REMODELS permits are issued in 7-DAY intervals Renovations and remodels are defined as new work that takes place in an existing building The following are the types of hot work anticipated for renovationsremodels

Demolition hot work - dismantling built-in equipment removal of discontinuedabandoned equipment

Mechanical hot work - removal of discontinuedabandoned services new services tie-ins building system installationsmodifications


Where Should the Hot Work Permit be Posted

Hot work permits should be posted at the job site in an accessible and conspicuous location Job site trailers are an acceptable location

Who Checks To See If the Hot Work Requirements Are Met

The contractor or sub-contractortrade performing hot work is ultimately responsible for conducting their hot work activities in a sound fire-safe manner and following the precautions outlined on the hot work permit The responsible contractor or sub-contractortrade supervisor or foreman shall review the work

area and sign the card daily

The UA Construction Project Manager may periodically check the work and job site to verify that the contractor is carrying out the requirements of the hot work permit

After the Hot Work Permit is Filled or The Hot Work is Complete Then What

Once a hot work permit has been filled or when the hot work has been completed the contractor shall return the completed hot work permit to the UA Construction Project Manager for the project records Once the project has been closed-out the hot work permits may either be disposed or retained

UniKL MFI

HOT WORK PERMIT For

RENOVATIONS and REMODELS

DATE ISSUED __________________________ VALID UNTIL ___________________________

BUILDING ________________________ BUILDING _______ UA PROJECT ____________ LOCATION OF WORK ______________________________________________________________ UA CONSTRUCTION PROJECT MANAGERPHONE ________________________________ CONTRACTORPHONE ___________________________________________________________

The location where this work will take place will be examined before the start of cuttingwelding operations and all the appropriate precautions (including any that exceed those outlined below) will be taken Signed (at issue of permit) _________________________________________ Date ______________ Print name _________________________________________________________________________

FIRE SAFETY PRECAUTIONS BEFORE THE WORK - All of the following precautions must be taken

Cutting andor welding equipment must be thoroughly inspected and found to be in good repair free of

damage or defects A multi-purpose dry chemical portable fire extinguisher must be located such that it is immediately

available to the work and is fully charged and ready for use At least one fire alarm pull station or means of contacting the fire department (ie site telephone) must

be available and accessible to person(s) conducting the cuttingwelding operation Floor areas under and at least 35 feet around the cuttingwelding operation must be swept clean of

combustible and flammable materials All construction equipment fueling activities and fuel storage must be relocated at least 35 feet away

from the cuttingwelding operation Where applicable the following precautions will also be taken before the work begins

Fire resistant shields (fire retardant plywood flameproof tarpaulin metal etc) must cover combustible floors

Sparkslag catchers (fire retardant plywood flameproof tarpaulins metal etc) must be suspended

below any elevated cuttingwelding operation All floor and wall openings must be covered to prevent sparksslag from traveling to other unprotected

areas

Containers in or on which cuttingwelding will take place must be purged of flammable vapors

DURING AFTER THE WORK - The following precautions will be taken

Person(s) must be assigned to a fire watch during and for at least 30 minutes after all cuttingwelding ceases

Fire watch person(s) are to be supplied with multi purpose dry chemical portable fire extinguisher and

trained in its use A fire alarm pull station or means of contacting the fire department (ie site telephone) available and

accessible to fire watch person(s) ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ The location where this work will take place has been examined before the start of cuttingwelding operations and all the appropriate precautions have been taken Responsible party to sign under Signature 1 for each date The work area and all adjacent areas to which sparks and heat might have spread (including floor levels above and below and on opposite side of walls) were inspected 30 minutes after the cutting and or welding operations ceased for the day and were found to be fire safe Responsible party to sign under Signature 2 for each date Signature 1 Signature 2 Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________

UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION

DATE ISSUED __________________________ VALID UNTIL ___________________________ BUILDING ________________________ BUILDING _______ UA PROJECT ____________ LOCATION OF WORK ______________________________________________________________ UA CONSTRUCTION PROJECT MANAGERPHONE ________________________________ CONTRACTORPHONE ___________________________________________________________












areas






accessible to fire watch person(s) The location where this work will take place has been examined before the start of cuttingwelding operations and all the appropriate precautions have been taken Responsible party to sign under Signature 1 for each date The work area and all adjacent areas to which sparks and heat might have spread (including floor levels above and below and on opposite side of walls) were inspected 30 minutes after the cutting and or welding operations ceased for the day and were found to be fire safe Responsible party to sign under Signature 2 for each date Signature 1 Signature 2 Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________ Date __________ Before _______________________ After _______________________

CLAUSE TITLE

1 DEFINITIONS


3 ENTIRE AGREEMENT

4 WAIVER

5 INSPECTION


7 DOCUMENTS MUTUALLY EXPLANATORY

8 INDEPENDENT CONTRACTOR STATUS

9 ASSIGNMENT

10 SUB-CONTRACTING



13 FURTHER DRAWINGS AND INSTRUCTIONS

14 CONTRACTORS DESIGN AND ENGINEERING


16 SUFFICIENCY OF CONTRACT PRICE

17 CONTRACT PRICE

18 WARRANTIES



21 SETTING OUT

22 SAFETY


24 THE SITE


26 INDEMNITIES


28 TAXES



31 SUPPLY OF WATER


33 TRANSPORTATION AND CARRIAGE PRIORITIES

34 CARE OF ROADS OVERHEAD CABLES AND PROPERTY








42 URGENT REPAIRS


44 WORKING HOURS



47 CERTIFICATE OF COMPLETION

48 DEFECTS LIABILITY PERIOD

49 VARIATIONS


51 RETENTION

52 PATENTS AND COPYRIGHT

53 CONFIDENTIALITY






59 FORCE MAJEURE


61 CONTINUANCE OF THE WORKS

62 GOVERNING LAW

63 PERFORMANCE BOND

64 NOTICES

65 KUWAITI AGENT



1

11

12

13

14

15

16

17

18

19

110

111

112

113

114

DEFINITIONS





















Superintendent
























3 ENTIRE AGREEMENT









4 WAIVER




5 INSPECTION













































Contract













clause 49






















Contractor




















































Representative






































































































Works and





the Works









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas









1

11

12

13

14

15

16

17

18

19

110

111

112

113

114

DEFINITIONS





















Superintendent
























3 ENTIRE AGREEMENT









4 WAIVER




5 INSPECTION













































Contract













clause 49






















Contractor




















































Representative






































































































Works and





the Works









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas












Superintendent
























3 ENTIRE AGREEMENT









4 WAIVER




5 INSPECTION













































Contract













clause 49






















Contractor




















































Representative






































































































Works and





the Works









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas







4 WAIVER




5 INSPECTION













































Contract













clause 49






















Contractor




















































Representative






































































































Works and





the Works









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas






























Contract













clause 49






















Contractor




















































Representative






































































































Works and





the Works









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas























Contractor




















































Representative






































































































Works and





the Works









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas












































Representative






































































































Works and





the Works









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas















































































Works and





the Works









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas









unexploded ordnance





















or equipment









any workmen

24 THE SITE















clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas











clean and tidy































Superintendent




26 INDEMNITIES


















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas



















wilful misconduct



might otherwise be











cost



























under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas














under this Contract



28 TAXES























































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas































Form of Tender






31 SUPPLY OF WATER








availability



storage







































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas













































































Workshops





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas





































Works













and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas












and










42 URGENT REPAIRS

















44 WORKING HOURS

























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas























































49 VARIATIONS




the Company



























51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas
















51 RETENTION



















































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas










































of the Works

























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas
























clause 55






































Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas


























Superintendent of





the Company


















59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas







59 FORCE MAJEURE










event or occurrence





with clause 495





rise to such claim








the Works










delay event












65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas

















65 65 KUWAITI AGENT


























































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas































































UniKL MFI

HOT WORK PERMIT For















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas



















areas







UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas












UniKLMFI

HOT WORK PERMIT For

NEW CONSTRUCTION













areas







27.contract document example

Education