G A BUILDING SERVICES – TERMS and CONDITIONS relating to provision of EXTRA WORKS
- PERIOD OF TENDER
Unless previously withdrawn, this tender is open for acceptance in writing with thirty days of the date hereof or within other such period as may be agreed in writing.
- BASIS OF TENDER
- The tender id conditional upon the Employer have supplied G A with adequate drawings (G A is not responsible for the design) and with such i8nformation regarding construction details and site conditions (including the availability of working and storage areas, the existence of any abnormalities such as heat, fumes, dust etc.) as will enable G A to make reasonable estimate of the cost of the work this tender relates and the time for its completion. In the event of the Employer supplying inadequate or inaccurate drawings, information or details the tender price shall be adjusted accordingly.
- This tender covers the items in the specification and/or drawings only and unless otherwise expressly stated does not include the following items:-
- Building, plumbing and electrical work or work of other trades
- The supply and erection of scaffolding, ladders, movable platforms, hoisting and/or lowering gear necessary for the execution of the works.
- The cost of operating any part of the installation.
- The cost of any fuel, water or electricity used on site.
- Unless otherwise expressly stated any costs incurred by G A in providing any of the items referred to in the paragraph above and shall be reimbursed by the employer to G A.
- CONTRACT PRICE FLUCTUATION
The tender shall be deemed to be on a ‘fixed price basis’ for the services specified with the tender – all additional services over and above that specified shall be subject to reimbursement in accordance with G A’s current schedule of rates. This tender is based upon the types and rates of contributions, taxes, levies and duties payable by G A in respect of the execution of the works and which are current at the date of this tender.
If after the date of tender there is any increase or decrease in the cost to G A of executing the tendered work caused by the introduction of any new contribution, tax, levy or duty payable by in respect of the execution of the works, then the tender price shall be increased or decreased accordingly.
Unless otherwise stated in the tender G A have allowed for all work to be carried during normal working hours and all additional costs caused by overtime working at the request or with the consent of the Employer shall be charged as an addition to the price.
- VALUE ADDED TAX
The tender price does not include any Value Added Tax properly chargeable by G A in the execution of the tendered work and this will be charged in accordance with current rates to all invoices properly submitted to the client.
- The term ‘variation’ means the alteration or modification of the design, quality or quantity of work executed for the works and includes the addition, omission or substitution of any work and the alteration of the kind or standard of any materials or goods to be used in the works.
- The Employer may order variations to the works and G A shall comply with such orders but not until:
- The same have been ordered in writing by the Employer or, where ordered orally, confirmed in by G A.
- The value of the variation has been agreed where it is reasonably possible to estimate such value.
- If it is not reasonably possible to estimate the value of a variation before G A complies with the order, or if the order is complied with before such value has been agreed, then a fair valuation shall be made. The basis of fair valuation shall be upon the labour rates published in G A current schedule and for the provision of materials and sub contract activity at cost plus 10%.
- MATERIALS AND GOODS
- Unfixed materials and goods property on site for incorporation into the works shall remain the property of G A until they have received payment in full.
- Until such payment has been received G A may remove any unfixed materials and goods from the site and the Employer. If any part of the works or any materials and goods are destroyed, damaged or lost through cause G A shall be entitled to charge as a variation to contract for the restoration of any work or the replacement of any materials or goods so destroyed, damaged or lost.
PROVIDED that the Employer shall not be liable for any destruction, damage or loss to the extent that the same is caused or contributed to by the negligence of G A or those for whose actions they are responsible.
- TERMS OF PAYMENT
If the planned programme of the works shall be greater than 21 days then G A shall be entitled to make claim for works carried out during that period covered by the claim.
G A shall submit to the Employer at the completion of the work an invoice raised in accordance with the tendered price and subject to any agreed variation in accordance with those terms and conditions, less any previously submitted interim claims and subject to Value Added Tax at the appropriate rates.
Invoices submitted by G A shall be paid by the due date, unless otherwise agreed this shall be 30 days from the date of the submitted invoice.
In the event of late payment G A reserve the right to charge interest upon all outstanding sums due based upon current BARCLAYS BANK Plc’s base lending rate plus 4%.
If the Employer fails to make any payment in accordance with these Conditions and any such failure continues for seven days after G A has given him written notice of same, then with prejudice to any other rights or remedies of G A, they may suspend the further execution of the works until such is made. Any such period of suspension shall be deemed to be an extension to any agreed period for the completion of the tendered works and shall not be deemed a delay in the completion of the works for which G A is responsible.
- TIME FOR COMPLETION
Subject to clause 8 of these terms and conditions G A will undertake to, as good as they have possession of the site, to proceed regularly and diligently with the execution of the works tendered in accordance with any agreed programme between the Employer and G A.
In the absence of any agreed programme G A will undertake the works at the earliest opportunity commensurate with the availability of appropriate labour and the availability of materials specified within the tender.
- G A wholly suspends the execution of the work without reasonable cause: or
- G A fails, without reasonable cause, to proceed regularly and diligently with the work: or
- The execution of the work is delayed due to reasons beyond control of both parties: or
- The execution of the work is delayed due to reasons without control of the Employer: or
- The Employer fails to make payment in accordance with the provisions of clause 8.
Then if the circumstances mentioned in paragraphs 10 (1) (i) – (iii) continue fourteen days after notice has been sent by registered post or recorded delivery specifying the same by Employer to G A, or if the circumstances mentioned in paragraphs 10 (1) (iii) – (v) continue fourteen days after notice in the said form has been sent by G A to the Employer, then the party who sent the said notice may, by further notice sent by registered post or recorded delivery forthwith determine the employment of G A under these Conditions.
PROVIDED that such notice shall not be given unreasonably and provided that any such determination shall be without prejudice to any other rights or remedies of the party effecting determination.
- If either party commits an act of bankruptcy or enters into any deed of arrangement composition with his creditors or enters into bankruptcy or liquidation (whether compulsory or voluntary) expect for purposes of company reconstruction, then the other party may, by notice sent by registered post or recorded delivery to the other, forthwith determined the employment of G A under these Conditions.
- Under such determination, after taking into account amounts previously paid G A shall be entitled to be paid:
- (i) Any design costs
- (ii) The total value of work begun and/or completed up to the date of determination:
- The cost of materials and goods ordered for the work for which G A has paid or is legally bound to pay Upon such payment, title to the said materials and goods shall be passed to the Employer and G A will make the same available for collection by the Employer.
- The cost of removal from site of any property of G A property on site for the execution of the work.
- Any direct loss and/or expense (including overheads and/or financing charges) caused to the Employer whether by determination or otherwise under these Conditions.
- Any other amounts due to G A under these Conditions.
PROVIDED that where determination has been effected for the reasons mentioned in paragraphs 10 (1) (i) – (iii), then paragraph 10 (3) (v) shall be deemed to be deleted.
AND PROVIDED that where determination has been effected for the reasons mentioned in paragraphs 10 (1) (i) – (ii) the Employer shall be entitled to recover from G A any direct loss or expense (including overheads and/or financing charges) caused to the Employer whether by determination or otherwise under these conditions.
AND PROVIDED ALSO that where determination has been effected for the reasons mentioned in paragraphs 10 (1) (iv) – (v) G A may take possession of and shall have lien upon all unfixed goods and materials which may have become the property of the Employer whether by determination or otherwise under these Conditions.
- Where the amounts already paid to G A exceed those due to them under sub clause 10 (3) then the balance shall be returned to the Employer
The employer shall, for the benefit of himself and the G A insure and keep insured the full value of the works, the materials and goods on site for incorporation into the works and the cost of any professional fees and services against loss or damage by fire, explosion, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes (whether such loss or damage is caused or contributed to by the negligence of G A or those for whose actions the G A is responsible) lighting, earthquake, aircraft or anything dropped there from, aerial objects, riots and civil commotion, and such loss or damage which may occur shall be at the sole risk of the Employer.
- THIRD PARTY/PUBLIC LIABILITY
The Employer shall indemnify the Contractor and his employees against all claims (including the cost of any legal proceedings) in respect of the death of or injury to any person or for any damage to or loss of property made by any person against G A or the Employer whether under statute or common law which may arise out of or be in any way connected with the execution of the works except where the same is due to the negligence, omission or default of G A.
- PROVISION OF FACILITIES
- The Employer shall, until completion of the work, provide free of charge, adequate and proper facilities for the storage of such materials, equipment, tools or other property which may be brought on to the site.
- The Employer shall supply at his own cost all necessary water, lighting, power and site security for the purposes of executing, or in connection with, the works.
- GUARANTEE AND LIMITATION OF LIABILTY
- G A shall only be liable to make good any defects in the works which stem from their faulty design or their selections of unsuitable or inadequate materials, equipment or from faulty materials or bad workmanship. Provided that:
- G A receives written notice of any defect with 6 months of the completion of work; and
- The work has been used under proper operating conditions; and
- In the case of materials and goods supplied and fixed but not manufactured by G A the extent of the G A’s liability in respect thereof shall exceed the extent of his supplier’s or the manufacturer’s liability to G A.
- The Employer has agreed that G A’s liability under these Conditions shall, mutatis mutandis, be of the same nature and extent, or
- There are no alterative sources of supply for the materials and goods
- G A shall not be liable to make good any defects in the works which arise from operation of the same by the Employer, his servants or agents before the date of completion, nor shall G A be liable for any loss or damage arising directly or indirectly as a consequence of such Operation.
- Completion of the installation shall be deemed to have occurred and the guarantee period to have commenced on the data on which the Contractor gives written notice to the Employer or his agent that the work is ready for use.
- G A shall not be liable in respect of any defect of any defect which may occur in any previously existing system which the works may be connected unless and to the extent that such defect is caused or contributed to by a defect in the works for which G A would be liable under this clause.
- Save as provided in this clause G A shall not be liable for any loss or damage whether arising or indirectly as a consequence of any defect in the work save to the extent that such defect is caused by the negligence of G A, their servants or agents.
PROVIDED that paragraph 14 (1) (iii) shall not operate unless, before entering any contract for the purchase of such materials and goods, G A has informed the Employer of the nature and extent of his Suppliers Intention to limit or exclude his liability and:
- COMPLIANCE WITH LAW AND REGULATIONS
- Any fee Incidental to the execution of the works which are payable by reasons of any Statute, Order-in-Council, Regulation or Direction, Bye-Law or other lawful requirement or instruction thereinafter referred to as “requirement or regulation” are to be paid by the Employer.
- The Employer and G A shall each respectively comply with every applicable good practice, requirement or regulation whether of the Government or any local or other lawful authority and the Employer shall obtain every licence, permit or authority that may be required in connection with the works.
If any dispute or difference between the parties hereto arise out of this contract the same shall be referred to the decision of an Arbitrator to be mutually agreed upon or (failing such agreement) to be appointed by the President for the time being of the Institute of Arbitrators. The Arbitration shall be subject to and in accordance with the Arbitration Act 1960 or any statutory modification or re-enactment thereof substation.