general condition the employer construction law supervised by : dr. kamalain shaath prepared by :...

General Condition THE EMPLOYER

Construction Law

Supervised By: Dr. Kamalain Shaath

Prepared By: Eng. Fawzy El.farra

2-THE EMPLOYER

Head Lines-:

2.1 – Right of Access to the Site

2-2 - Permits, Licenses or Approvals

2-3 - Employer's Personnel

2-4 - Employer's Financial Arrangements

2.5 -Employer's Claims

Conditions of Contract for CONSTRUCTION

THE EMPLOYER 2.1 – Right of Access to the Site

The Employer shall give the Contractor right of access to, & possession of, all parts of the Site within the time stated in the appendix to Tender. The right & possession may not be exclusive to the Contractor. If, under the Contract, the employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time & manner stated in the specification. However, the Employer may withhold any such right or possession until the

Performance Security has been received .



If no such time is stated in the Appendix to Tender , the Employer shall give the Contractor right of access to, & possession of, the Site within such times as may be required to enable the Contractor to proceed in accordance with the programme submitted under Sub-Clause 8.3 (Programme).If the Contractor suffers delay and incurs Cost as result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer & shall be entitled subject to Sub-

clause 20.1 (Contractor's Claims) to :A- an extension of time for any such delayB- payment of any such Cost plus reasonable profit, which shall be included in the contract Price .



After receiving this notice, Engineer shall proceed in accordance with Sub-Clause 3.5 (Determination) to agree or determine these matters.

However, if &to the extent that the Employer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or profit.


THE EMPLOYER – Permits, Licenses or Approvals

The Employer shall provide reasonable assistance to the contractor at the request of the Contractor:

A- by obtaining copies of laws of the Country which are relevant to the Contract but are not ready available, and

b- for the Contractor's application for any permits, licenses or approvals required by the Laws of the Country:

1 –which the Contractor is required to obtain under Sub-Clause 1.13(Compliance with Laws),

2 -for the delivery of Goods, including clearance through customs, and

3 – for the export of Contractor's Equipment when it is removed from the Site .


THE EMPLOYER – Employer's Personnel

The Employer shall be responsible for ensuring that the Employer's Personal and the Employer other contractors

on the site-:

A- co-operate with the contractor's efforts under Sub-Clause 4.6 (Co-operation),and

B- take actions similar to those which the Contractor is required to take under sub-paragraphs (a), (b) and (c) of Sub-Clause 4.8 (Safety Procedures) and under Sub-Clause 4.18 (Protection of Environment).


THE EMPLOYER – Employer's Financial Arrangements

The Employer shall submit, within 28 days after receiving any request from the Contractor, reasonable evidence that financial arrangements have been made and are being maintained which will enable the Employer to pay the Contract Price (as established at that time) in accordance with Clause 14 (Contract Price and Payment). If the employer intends to make any material change to his financial arrangement, the Employer shall give notice to the

Contractor with detailed particulars .


THE EMPLOYER 2.5- Employer's Claims

If the Employer considers himself to be entitled to any payment under any Clause of these Conditions or otherwise in connection with the Contract, and/or to any extension of the Defects Notification Period, the Employer or the Engineer shall give notice and particular to the Contractor. However, notice is not required for payments due under Sub-Clause 4.19 (Electricity, Water and Gas), under Sub-Clause 4.2 (Employee's Equipment and Fee-Issue Material), or for other services requested by the

Contractor .

The notice shall be given as soon as practicable after the Employer become aware of the event or circumstances giving rise to the claim. A notice relating to any extension of the Defects Notification Period shall be given before the expiry of such period


THE EMPLOYER 2.5- Employer's Claims

The particulars shall specify the Clause or other basis of the Claim, and shall include substantiation of the amount and/or extension to which the Employer considers himself to be entitled in connection with the Contract. The Engineer shall then proceed in accordance with Sub-Clause 3.5 (Determination) to agree or determine (i) the amount (if any) which the Employer is entitled to be paid by the Contractor, and/or (ii) the extension (if any) of the Defects Notification Period in accordance with Sub-Clause 11.3 (Extension of Defects Notification Period).


THE EMPLOYER – 2.5- Employer's Claims

This amount may be include as deduction in the contract Price and payment Certificates. The Employer shall only be entitled to set off against or make any deduction from an amount certified in a payment Certificate, or to otherwise claim against the Contractor, in accordance either this Sub-Clause.