Qatar Pwa Standard Form Design & Build 2014

5/21/2018 Qatar Pwa Standard Form Design & Build 2014

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STATE OF QATAR

2014

BUILDING AND ENGINEERING WORKS

GENERAL CONDITIONS OF CONTRACT FORDESIGN AND BUILD

2014 EDITION

DB_General_Conditions_of_Contract Rev 0

PUBLIC WORKS AUTHORITY


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STATE OF QATAR DESIGN AND BUILD CONTRACTPUBLIC WORKS AUTHORITY GENERAL CONDITIONS OF CONTRACT

Project ID Contents i Jun-14

Project Title 140603 DB_General_Conditions_of_Contract Rev 0 - locked

CONTENTS

1.

THE CONTRACT AND PRELIMINARY MATTERS 1

1.1 Definitions and Interpretation ................................................................................................. 1

1.2

Contract Documents .............................................................................................................. 1

1.3

Preliminary Matters ................................................................................................................ 1

1.4

President as Authority!s Representative ................................................................................ 2

1.5 Contractor!s Representative .................................................................................................. 2

1.6 Communications .................................................................................................................... 2

1.7 Contractor!s Responsibilities and Liabilities ........................................................................... 4

1.8 Intellectual Property (Contractor!s Documents and Information) ........................................... 4

1.9 Authority!s Material ................................................................................................................ 4

1.10

Information Created for Purposes of Contract ....................................................................... 5

1.11 Performance Guarantee ........................................................................................................ 5

1.12 Advance Payment Guarantee ................................................................................................ 6

1.13 Retention Guarantee.............................................................................................................. 7

1.14

Materials Guarantee .............................................................................................................. 7

1.15 Collateral Warranties: Sub-Contractors ................................................................................. 7

1.16 Extended Sub-Contractor Warranties and Guarantees ......................................................... 8

1.17

Parent Company Guarantee .................................................................................................. 8

2. AUTHORITYS OBLIGATIONS 8

2.1

Authority Provided Facilities, Information and Services ......................................................... 8

2.2

Right of Access to the Site and Work Places ......................................................................... 9

2.3 Authority!s Equipment ............................................................................................................ 9

2.4 Free-Issue Materials ............................................................................................................ 10

2.5 Authority!s Obligations in relation to Approvals .................................................................... 10

2.6 Appointment of Engineer and Responsibilities .................................................................... 11

2.7

Engineer!s Instructions ......................................................................................................... 12

2.8

Decision of the Engineer ...................................................................................................... 13

2.9

Engineer!s Evaluation .......................................................................................................... 13

2.10 Authority!s Assistance .......................................................................................................... 13

3. CONTRACTORS GENERAL OBLIGATIONS 14

3.1 General Design and Construction Obligations ..................................................................... 14

3.2 Contractor!s Execution ......................................................................................................... 14

3.3

Site Conditions ..................................................................................................................... 15


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3.4 Fossils and Antiquities ......................................................................................................... 15

3.5 Local Office .......................................................................................................................... 16

3.6 Approvals to be obtained by the Contractor ......................................................................... 16

3.7

Contractor!s Equipment ....................................................................................................... 16

3.8 Electricity, Water and Gas ................................................................................................... 17

3.9

Setting Out ........................................................................................................................... 17

3.10

Transportation of Goods ...................................................................................................... 17

3.11 Co-ordination with Third Parties ........................................................................................... 17

3.12 Contractor!s Operations on Site ........................................................................................... 18

3.13 Security of the Site and Control of Access ........................................................................... 18

3.14 Avoidance of Interference .................................................................................................... 18

3.15 Access Route ....................................................................................................................... 19

3.16

Training ................................................................................................................................ 19

3.17

Qatar Materials, Services and Transportation ..................................................................... 19

3.18

Quality Management ............................................................................................................ 20

3.19 Health, Safety and Security Management ........................................................................... 20

3.20 Environmental Management ................................................................................................ 21

3.21 Records and Progress Reporting ......................................................................................... 21

3.22 Preparation and Implementation of Project Control Documents .......................................... 21

3.23 Compliance of Project Control Documents with Contract .................................................... 21

4.

DESIGN - CONTRACTORS DOCUMENTS 22

4.1 Preparation of Contractor!s Documents ............................................................................... 22

4.2

Review of Contractor!s Documents ...................................................................................... 22

4.3 Review for Non-Objection .................................................................................................... 22

4.4 Review for Information ......................................................................................................... 23

4.5 Errors in Contractor!s Documents ........................................................................................ 24

4.6

Further Modification ............................................................................................................. 24

4.7 As-Built Documents ............................................................................................................. 24

4.8

Operation and Maintenance Manuals .................................................................................. 24

4.9

Maintenance of Records, Inspection and Audit ................................................................... 25

5. SUB-CONTRACTING 25

5.1 Sub-Contractors, Suppliers and Consultants ....................................................................... 25

5.2 Key Sub-Contracts ............................................................................................................... 26

5.3 All Sub-Contracts ................................................................................................................. 27

5.4 Nominated Sub-Contractors ................................................................................................ 27

5.5 Novation ............................................................................................................................... 28


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6. PROGRAMME 29

6.1

Importance of Programme ................................................................................................... 29

6.2 Master Programme, Baseline Programme and Activity Programme ................................... 29

6.3 Rate of Progress .................................................................................................................. 29

6.4

Acceleration ......................................................................................................................... 30

7.

CONTRACTORS PERSONNEL 31

7.1

Contractor!s Superintendence ............................................................................................. 31

7.2 Key Personnel...................................................................................................................... 31

7.3 Contractor!s Personnel ........................................................................................................ 31

7.4 Accommodation and Facilities ............................................................................................. 32

7.5

Disorderly Conduct .............................................................................................................. 32

7.6 Qatar Personnel ................................................................................................................... 32

8. PLANT, MATERIALS AND WORKMANSHIP 33

8.1

Samples, Mock-Ups and Animations ................................................................................... 33

8.2 Inspection............................................................................................................................. 33

8.3 Ownership of Plant and Materials ........................................................................................ 34

9. COMMENCEMENT AND COMPLETION 35

9.1 Commencement ................................................................................................................... 35

9.2

Time for Completion ............................................................................................................. 35

9.3

Delays to Completion ........................................................................................................... 35

9.4

Delays Caused by Regulatory Bodies ................................................................................. 36

10.

TESTING 36

10.1 Testing: General .................................................................................................................. 36

10.2 Preliminary Tests and Provisional Completion .................................................................... 37

10.3 Rejection .............................................................................................................................. 38

10.4

Remedial Work .................................................................................................................... 38

10.5

Tests on Completion ............................................................................................................ 39

10.6 Tests after Completion ......................................................................................................... 39

10.7 Evaluation of Results ........................................................................................................... 39

10.8 Delayed Tests on Completion .............................................................................................. 40

10.9 Retesting .............................................................................................................................. 40

10.10 Failure to Pass Tests on Completion ................................................................................... 41

11. TAKING-OVER, COMPLETION AND DEFECTS 42

11.1 Taking-Over ......................................................................................................................... 42


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11.2 Completion of the Works...................................................................................................... 43

11.3 Deemed Taking-Over........................................................................................................... 44

11.4 Authority Discretion to Take-Over ........................................................................................ 45

11.5

Completion of Outstanding Work and Remedying Defects .................................................. 45

11.6 Cost of Remedying Defects ................................................................................................. 45

11.7

Extension of Maintenance Period ........................................................................................ 46

11.8

Failure to Remedy Defects .................................................................................................. 46

11.9 Removal of Defective Work ................................................................................................. 46

11.10 Further Tests........................................................................................................................ 47

11.11 Rights of Access and Method Statement ............................................................................. 47

11.12 Contractor to Investigate ...................................................................................................... 47

11.13 Maintenance Certificate ....................................................................................................... 47

11.14

Latent Defects ...................................................................................................................... 48

11.15

Clearance of Site ................................................................................................................. 48

12. PAYMENT 48

12.1 Payment Amount ................................................................................................................. 48

12.2 Payment Terms .................................................................................................................... 49

12.3 Taxes, Penalties and Fines .................................................................................................. 49

12.4 Preliminary Final Account .................................................................................................... 49

12.5 Final Account ....................................................................................................................... 50

12.6 Assessment of the Final Account ......................................................................................... 50

12.7 Certification and Payment of the Final Account ................................................................... 51

12.8

Discharge ............................................................................................................................. 52

12.9 Cessation of Authority!s Liability .......................................................................................... 52

13.

VARIATIONS 52

13.1 General ................................................................................................................................ 52

13.2 Instructed Variation .............................................................................................................. 53

13.3 Variation Proposal................................................................................................................ 53

13.4

Value Engineering................................................................................................................ 53

13.5

Effect of Evaluation .............................................................................................................. 54

13.6

Provisional Sums and Prime Cost Sums ............................................................................. 54

13.7 Changes to the Applicable Codes and Standards and Law ................................................. 55

14. FORCE MAJEURE 55

14.1 Meaning of Force Majeure Event ......................................................................................... 55

14.2

Notice of Force Majeure Event ............................................................................................ 56

14.3

Notice of Cessation of Force Majeure Event ....................................................................... 56


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14.4 No Relief from Payment Obligations .................................................................................... 57

14.5 Duty to Mitigate .................................................................................................................... 57

14.6 Consequences of Force Majeure Event ............................................................................... 57

14.7

Sub-Contractor Force Majeure Event .................................................................................. 57

14.8 Optional Termination, Payment and Release ...................................................................... 57

15. RISK AND RESPONSIBILITY 58

15.1

Warranted Project Data ....................................................................................................... 58

15.2 Project Data at Contractor!s Risk ......................................................................................... 58

15.3 Contractor!s Care of the Works ............................................................................................ 58

15.4

Authority!s Risks .................................................................................................................. 59

15.5 Authority!s Indemnity............................................................................................................ 59

15.6

Contractor!s Indemnity ......................................................................................................... 60

15.7

Risk Alerts ............................................................................................................................ 61

16. INSURANCES 62

16.1 Insurance Programme for the Works ................................................................................... 62

16.2

General Requirements for Insurances ................................................................................. 62

16.3 Insurance Obligations Particular to the Authority ................................................................. 62

16.4 Insurance Obligations Particular to the Contractor .............................................................. 63

16.5 Authority!s Co-Insured Insurance Policies ........................................................................... 63

16.6

Rights and Obligations of the Insured Parties ...................................................................... 64

16.7 Liability and Limits of Coverage ........................................................................................... 65

16.8

Cancellation of the Contractor!s Insurance Policies ............................................................. 65

16.9

Insurance of the Facilities, Information and Services .......................................................... 65

17.

DEFAULT, PENALTIES AND LIMIT OF LIABILITY 66

17.1 Notice to Correct .................................................................................................................. 66

17.2 Default Events...................................................................................................................... 66

17.3 Limit of Penalties .................................................................................................................. 68

17.4

Penalties for Delay to Performance ..................................................................................... 68

17.5

Penalties for Health and Safety Infringement ...................................................................... 69

17.6

Penalties for Environmental Infringement ............................................................................ 69

17.7 Other Penalties .................................................................................................................... 69

17.8 Key Performance Indicators ................................................................................................. 69

17.9 Limits of Liability for Consequential Loss ............................................................................. 69

17.10 Authority!s Methods of Recovery from the Contractor ......................................................... 70


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18. SUSPENSION AND TERMINATION 70

18.1

Suspension .......................................................................................................................... 70

18.2 Consequences of Suspension ............................................................................................. 72

18.3 Payment for Plant and Materials in Event of Suspension .................................................... 72

18.4

Resumption of Work ............................................................................................................ 72

18.5 Termination .......................................................................................................................... 73

18.6 Action Upon Termination ..................................................................................................... 73

18.7

Termination Payment ........................................................................................................... 75

19. CLAIMS AND SETTLEMENT OF DISPUTES 76

19.1 Contractor!s Claims .............................................................................................................. 76

19.2

Impact Assessment .............................................................................................................. 78

19.3 Authority!s Claims ................................................................................................................ 79

19.4 Dispute " Engineer!s Determination .................................................................................... 80

19.5 Amicable Settlement ............................................................................................................ 80

19.6 Expert!s Decision ................................................................................................................. 81

19.7 Reference to Courts ............................................................................................................. 82

19.8

Arbitration............................................................................................................................. 82

20. GENERAL PROVISIONS 84

20.1 Governing Law and Language ............................................................................................. 84

20.2 Joint and Several Liability .................................................................................................... 84

20.3

Corruption and Fraud ........................................................................................................... 84

20.4 Independent Contractor ....................................................................................................... 84

20.5 Confidentiality ...................................................................................................................... 84

20.6

Conflicts of Interest .............................................................................................................. 85

20.7

Entire Agreement ................................................................................................................. 86

20.8 Severability .......................................................................................................................... 86

20.9 Survival of Rights ................................................................................................................. 86

20.10

Amendment.......................................................................................................................... 86

20.11 Waiver .................................................................................................................................. 86

20.12 Assignment .......................................................................................................................... 87

APPENDIX 1

APPENDIX 2


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1. THE CONTRACT AND PRELIMINARY MATTERS

1.1 Definitions and Interpretation

1.1.1 The defined words and expressions set out in Clause 1 of Appendix 1 [ Definitions and

Interpretation] and the provisions relating to the construction and interpretation of theContract set out in Clause 2 of Appendix 1 [Definitions and Interpretation] shall apply to theContract.

1.2 Contract Documents

1.2.1 The following documents constitute the Contract Documents and shall be taken as mutuallyexplanatory of one another. For the purposes of interpretation of the Contract if there is aconflict, ambiguity or discrepancy between these documents, the order of precedence, fromhighest (a) to lowest (k) shall be as follows:

(a) Memorandum of Contract; and

(b) Particular Conditions; and

(c) General Conditions of Contract; and

(d) Schedule A [Project Brief]; and

(e) Schedule B [Payment Schedules]; and

(f) Schedule C [Resources Schedules]; and

(g) Schedule D [Representatives for Amicable Settlement]; and

(h) Schedule E [Insurances]; and

(i) Schedule F [Access to Site]; and

(j) Schedule G [Guaranteed Performance Levels]; and

(k) Schedule H [Other Documents].

1.2.2 In the event that there exists a conflict, ambiguity or discrepancy within the ContractDocuments which cannot be resolved by applying the order of precedence set out in Sub-clause 1.2.1, the Party discovering such conflict, ambiguity or discrepancy shall notify theother Party and the Engineer upon discovery. The Engineer shall, in accordance with Sub-clause 2.7 [Engineers Instructions], issue an instruction in respect of such conflict,ambiguity or discrepancy and the Contractor shall give immediate effect to such instruction.Subject to Sub-clause 15.1 [Warranted Project Data], compliance with the Engineer!sinstruction pursuant to this Sub-clause 1.2.2 shall be at the Contractor!s risk.

1.3 Preliminary Matters

1.3.1 The Contract shall come into effect on the Effective Date. Notwithstanding the effectivenessof the Contract, the Authority shall not be obliged to authorise or procure any payments tothe Contractor under the Contract until:

(a) the Contractor has provided the Authority with:

(i) a power of attorney, duly notarised and authenticated or attested for usein the State of Qatar, empowering the Representative of the Contractor tobind the Contractor; and

(ii) the documents required to be executed and delivered to the Authoritylisted in section 2-A [Documents] of Appendix 2 [Contract Particulars]; and

(iii) evidence that the insurances described in Schedule E [Insurances] to beeffected and maintained by the Contractor will come into full force andeffect on and from the earlier of:

(A) the Commencement Date; and


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(B) the date upon which the Contractor starts any activities inconnection with the design or execution of the Works; and

(b) the Engineer has given its non-objection to the Initial Contractor!s Documents.

1.3.2 The Contractor acknowledges that a failure to comply with Sub-clause 1.3.1 within ninety(90) Days of the Commencement Date shall constitute a default event for the purposes ofSub-clause 17.2 [Default Events].

1.4 President as Authoritys Representative

1.4.1 The President shall represent the Authority in all matters relating to the Contract. Save forthe duties expressly assigned to the Engineer under the Contract, the President shall havethe duties, powers and authority to act on behalf of and to bind the Authority for all thepurposes of the Contract, including the authority to give and receive all Communications, toenter into correspondence with the Contractor and/or the Engineer, to authorise actions ofthe Engineer requiring the Authority!s written authorisation and to make decisions andaccept commitments on behalf of the Authority.

1.4.2 The President may, by notice to the Contractor, delegate some or all of its duties, powersand authority under the Contract to a sub-representative. The notice shall state the nameof the sub-representative and the duties, powers and authority that have been delegated.The President may, by notice to the Contractor, revoke any of the duties, powers andauthority delegated to the sub-representative and may in such notice or in a separate noticeappoint a substitute sub-representative with the same or different delegated duties, powersand authority.

1.5 Contractors Representative

1.5.1 Prior to the Commencement Date the Contractor shall submit for the Engineer!s non-objection the name of the Contractor!s Representative and, prior to any replacement of theContractor!s Representative, submit for the Engineer!s non-objection the name of theproposed replacement.

1.5.2 The Contractor!s Representative shall have the duties, powers and authority to act on behalfof and to bind the Contractor for all the purposes of the Contract, including the authority toreceive and implement all instructions of the Engineer, to give and receive allCommunications, to enter into correspondence with the Authority and the Engineer and tomake decisions and accept commitments on behalf of the Contractor.

1.6 Communications

1.6.1 Where the Contract provides for the giving, issuing or making by the Authority, the Engineeror the Contractor to each other of a Communication and the transfer of information with aCommunication, such Communication and accompanying information shall be:

(a) in Arabic or English as the circumstances require; and

(b) in writing (with written confirmation of receipt for any formal notice given pursuant

to a Clause or Sub-clause); and

(c) state the Clause or Sub-clause pursuant to which the Communication is given,issued or made.

1.6.2 Subject to Sub-clause 1.6.6, and except as otherwise expressly stated in the Contract, allCommunications shall be delivered or transmitted by hand, registered courier or electronictransmission (being either facsimile or email) to the Contact Details of the addressee.

1.6.3 Where a Communication is delivered by electronic transmission, the sender shall, withinseven (7) Days after the electronic transmission is delivered, deliver a copy of the electronictransmission by hand or registered courier to the Contact Details of the addressee.

1.6.4 Subject to Sub-clause 1.6.5, a Communication shall be deemed to be received by theaddressee:


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(a) in the case of facsimile transmission, on the date and at the time shown on thetransmission report by the machine from which the facsimile was sent, subject tothe machine producing a report that the facsimile was sent in its entirety to theContact Details of the addressee; and

(b) in the case of email:

(i) at the time of receipt by the sender of an email acknowledgement fromthe intended addressee!s information system showing that the email hasbeen delivered to the email address of that addressee; or

(ii) if no email acknowledgement is received, then at the time the email entersan information system which is under the control of the intendedaddressee (and the addressee shall make available at the request of thesender, evidence of such time); and

(c) in the case of delivery by hand or registered courier, at the time of and on the dateof delivery.

1.6.5 In the event that a Communication is received after 3:00 pm at the physical address of theaddressee stated in its Contact Details, it shall be taken to have been received by theaddressee at 8:00 am on the next Day.

1.6.6 Any Communication concerning:

(a) Penalties or default pursuant to Clause 17 [Default, Penalties and Limit of Liability];or

(b) suspension pursuant to Sub-clauses 18.1 [Suspension] to 18.4 [Resumption ofWork]; or

(c) a Notice of Dissatisfaction; or

(d) termination pursuant to Sub-clause 18.5 [Termination]; or

(e) any matter pursuant to Clause 19 [Claims and Settlement of Disputes],shall be delivered by hand or registered courier to the Contact Details of the addressee. Acolour scan copy of the Communication shall also be sent simultaneously by electronictransmission. A Communication concerning any of the matters referred to in Sub-clauses1.6.6(a) to 1.6.6(e) shall be communicated separately from other Communications.Communications in respect of the matters referred to in Sub-clauses 1.6.6(a) to 1.6.6(e)shall be deemed effective upon the date of receipt of the hard copy. Only the received hardcopy shall constitute the effective Communication for the purposes of the Contract.

1.6.7 The Authority, the Engineer and the Contractor may each change their respective ContactDetails for the purposes of this Sub-clause 1.6 [Communications] by giving notice to eachother in accordance with the procedures for the giving, issuing or making ofCommunications set forth in this Sub-clause 1.6 [Communications] not less than fourteen

(14) Days before such change is to take effect. Any notice of such new Contact Details shallonly be effective for the purposes of this Sub-clause 1.6 [Communications] after it is deemedreceived pursuant to Sub-clauses 1.6.4 and 1.6.5.


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1.7 Contractors Responsibilities and Liabilities

1.7.1 No assistance, non-objection, approval, opinion, determination, decision, review, rejection,certificate, consent, notice, request, direction, admission, approach, confirmation, comment,sanction, acknowledgement, acceptance, advice or other communication made, given orimposed by or on behalf of the Authority or the Engineer or any of the Authorised Persons,nor any omission or failure to make, give or impose any of the foregoing, and no paymentsmade, authorised or procured by or on behalf of the Authority, shall in any way relieve theContractor from any obligations, duties, responsibilities, risks or liabilities arising out of,under or in connection with the Contract or the Law (nor shall such obligations, duties,responsibilities, risks or liabilities be restricted in any way) or affect any of the Authority!srights and remedies arising out of, under or in connection with the Contract or the Law.

1.8 Intellectual Property (Contractors Documents and Information)

1.8.1 The Contractor warrants that all Intellectual Property Rights in the Contractor!s Documentsor in any Information which otherwise may be used by it in connection with the Contractshall not cause or constitute an infringement of the rights of any other person.

1.8.2 Sub-clause 15.6.1(a) shall apply to any breach of the Contractor!s warranty pursuant toSub-clause 1.8.1.

1.9 Authoritys Material

1.9.1 All Intellectual Property Rights in respect of the Authority!s Material vest exclusively in theAuthority.

1.9.2 From the Effective Date until the issue of the Maintenance Certificate or the earliertermination of the Contract or of the Contractor!s employment under the Contract, theContractor shall have the right, at its own risk, to use and copy the Authority!s Material solelyfor the purposes of the Contract. If the Contractor communicates the Authority!s Material toa Sub-Contractor, Contractor!s Personnel or to other persons, the Contractor shall ensurethat such Authority!s Material is used solely for the purposes of the Contract and is not

further communicated by the recipient to other persons without the written authorisation ofthe Engineer.

1.9.3 The Contractor shall, at the Contractor!s risk:

(a) comply with and enforce the requirements and obligations in this Sub-clause 1.9[Authoritys Material] and shall not otherwise act in any way which prejudices orcompromises the Intellectual Property Rights of the Authority in the Authority!sMaterial; and

(b) not represent itself as the owner of, or having any interest in, the Authority!sMaterial or any part of it except as otherwise authorised by the Engineer; and

(c) not cause damage to, or create a conflict with, the title or interest of the Authorityin the Authority!s Material when using it or permitting its use; and

(d) not remove any marks or markings indicating the ownership of the Authority!sMaterial; and

(e) execute such agreements in relation to the use of the Authority!s Material as maybe required by the Engineer from time to time; and

(f) do all acts and things required by the Engineer to assist the Authority in defendingits right, title, interest and goodwill in the Authority!s Material, including theprovision of any evidence required by the Engineer for use in the preparation orconduct of any proceedings relating to the validity, right to register, unauthoriseduse or infringement of the Authority!s Material; and

(g) not challenge (whether pursuant to contract, law or otherwise) or call into questionin any way the validity of, or the Authority!s right to register, the Authority!s Material


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or the right, title, interest and goodwill of the Authority in respect of the Authority!sMaterial; and

(h) not modify or reverse engineer the Authority!s Material; and

(i) not infringe the other Intellectual Property Rights vested in the Authority; and

(j) do all other acts and things required by the Authority to ensure the protection ofthe Authority!s Material,

and the Contractor shall procure that all Sub-Contractors, Contractor!s Personnel and otherpersons in receipt of Authority!s Material comply with and enforce the terms of this Sub-clause 1.9 [Authoritys Material].

1.10 Information Created for Purposes of Contract

1.10.1 Subject to Sub-clause 1.10.3, the ownership of all Information created or conceived by theContractor or by Sub-Contractors, Contractor!s Personnel or other persons as a result ofthe performance of the Contractor!s obligations under the Contract (including the IntellectualProperty Rights in respect thereof) shall vest in the Authority upon creation or conception.

Such ownership shall include any Information contained in the Project Brief and anyInformation created in accordance with Sub-clause 2.1 [Authority Provided Facilities,Information and Services].

1.10.2 The Contractor assigns to the Authority, free of Liens, ownership of the Information referredto in Sub-clause 1.10.1 (including the Intellectual Property Rights in respect thereof) andshall ensure that Sub-Contractors, Contractor!s Personnel and other persons execute alldocuments and do all things necessary to assign ownership of such Information to theAuthority.

1.10.3 Sub-clauses 1.10.1 and 1.10.2 shall not apply to Intellectual Property Rights of theContractor, Sub-Contractor, Contractor!s Personnel or other persons incorporated in theContractor!s Documents or other Information contained in submissions made by theContractor to the Engineer or the Authority under the Contract if:

(a) such Intellectual Property Rights have been exclusively or substantially created bythem other than in connection with the performance of the Contract; and

(b) the Contractor has given prior notice to the Authority advising of such ownershipand explaining in such notice why Sub-clauses 1.10.1 and 1.10.2 should not applyto the relevant Intellectual Property Rights incorporated in the Contractor!sDocuments or other Information.

1.10.4 The Contractor grants, and shall procure that Sub-Contractors, Contractor!s Personnel andother persons shall grant, to the Authority an irrevocable, perpetual, non-exclusive, royalty-free licence to use, modify and reproduce any materials provided with the Contractor!sDocuments or other Information submitted to the Engineer or the Authority under theContract containing Intellectual Property Rights of the Contractor or any Sub-Contractor,

Contractor!s Personnel or other persons to which Sub-clause 1.10.3 applies. Such licenceshall include the right to grant sub-licences and/or to transfer, novate or assign the licenceto any person undertaking activities in connection with the Project.

1.10.5 Subject to Sub-clauses 1.10.3 and 1.10.4, the Contractor shall not have the benefit, directlyor indirectly, of any royalty, gratuity or commission in respect of any patented or protectedmaterial or process used on or for the purpose of the Contract.

1.11 Performance Guarantee

1.11.1 The Contractor shall, at its own expense, provide to the Authority an irrevocable andunconditional on demand Performance Guarantee from a bank registered and operating inthe State of Qatar for the percentage of the Contract Price stated in section 3-C [Valuesand Payments] of Appendix 2 [Contract Particulars].


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1.11.2 Without affecting the Authority!s rights pursuant to Sub-clause 1.11.3, as soon aspracticable following each Review Date the Engineer shall notify the Contractor of itscalculation of the Contract Price as at the Review Date. In the event that the Engineer!scalculation shows the Contract Price at the Review Date to have increased when compared

to the Contract Price as at the Commencement Date or, if later, as at the preceding ReviewDate, the Contractor shall, within fourteen (14) Days after the Engineer!s notice, deliver tothe Engineer a new or an amended Performance Guarantee for the percentage stated insection 3-C [Values and Payments] of Appendix 2 [Contract Particulars] of the increasedContract Price less any amounts received by the Authority in respect of demands madeagainst the Performance Guarantee.

1.11.3 In the event that the Contract Price increases by more than the percentage stated in section3-D [Values and Payments] of Appendix 2 [Contract Particulars] when compared to theContract Price as at the Commencement Date or, if later, as at the preceding Review Date,the Engineer shall notify the Contractor of the increased Contract Price and the Contractorshall, within fourteen (14) Days after the Engineer!s notice, deliver to the Engineer a new oran amended Performance Guarantee for the percentage stated in section 3-C [Values and

Payments] of Appendix 2 [Contract Particulars] of the increased Contract Price less anyamounts received by the Authority in respect of demands made against the PerformanceGuarantee. The provision of a new or amended Performance Guarantee pursuant to thisSub-clause 1.11.3 shall not affect the Contractor!s obligation to provide a new or amendedPerformance Guarantee pursuant to Sub-clause 1.11.2.

1.11.4 In the event that the Contractor fails to deliver a new or an amended PerformanceGuarantee as required by Sub-clause 1.11.2 or 1.11.3 within fourteen (14) Days after theEngineer!s notice, the Authority may, in its sole discretion, demand payment of the full valueof the existing Performance Guarantee.

1.11.5 The Contractor shall ensure that the Performance Guarantee, including all amendmentsthereto, remains valid until ninety (90) Days after the issuance of the MaintenanceCertificate.

1.11.6 In the event that:

(a) the Engineer gives notice to the Contractor that the Performance Guarantee willexpire earlier than the period specified in Sub-clause 1.11.5; and

(b) the Contractor fails to extend, replace or amend (as appropriate) the PerformanceGuarantee prior to within thirty-five (35) Days of its expiry,

the Authority may, in its sole discretion, demand payment under the PerformanceGuarantee.

1.12 Advance Payment Guarantee

1.12.1 If it is stated in section 3-A [Values and Payments] of Appendix 2 [Contract Particulars] thatan advance payment is to be paid to the Contractor in accordance with Schedule B

[Payment Schedules], then as a precondition to the Authority!s obligation to authorise orprocure payment of the advance payment the Contractor shall, at its own expense, provideto the Authority an irrevocable and unconditional on demand Advance Payment Guaranteefrom a bank registered and operating in the State of Qatar.

1.12.2 The Contractor shall ensure that the Advance Payment Guarantee remains valid until theadvance payment has been fully repaid in accordance with Schedule B [PaymentSchedules].


(a) the Engineer gives notice to the Contractor that the Advance Payment Guaranteewill expire earlier than the period specified in Sub-clause 1.12.2; and


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(b) the Contractor fails to extend, replace or amend (as appropriate) the AdvancePayment Guarantee prior to within thirty-five (35) Days of the expiry of its expiry,

the Authority may, in its sole discretion, demand payment under the Advance PaymentGuarantee for the amount of advance payment outstanding.

1.13 Retention Guarantee

1.13.1 Subject to Sub-clause 1.13.2, in the event that the Contractor wishes to provide a guaranteein lieu of retention in accordance with Schedule B [Payment Schedules], the Contractorshall, at its own expense, provide to the Authority the Retention Guarantee from a bankregistered and operating in the State of Qatar prior to the release of any retention held underthe Contract.

1.13.2 The Contractor shall not be entitled to request the release of retention in excess of thepercentage stated in section 3-F [Values and Payments] of Appendix 2 [ContractParticulars].

1.13.3 The Contractor shall ensure that the Retention Guarantee including all amendments thereto

remains valid until ninety (90) Days after the issuance of the Maintenance Certificate.1.13.4 In the event that:

(a) the Engineer gives notice to the Contractor that the Retention Guarantee will expireearlier than the period specified in Sub-clause 1.13.3; and

(b) the Contractor fails to extend, replace or amend (as appropriate) the RetentionGuarantee prior to within thirty-five (35) Days of its expiry,

the Authority may, in its sole discretion, demand payment under the Retention Guarantee.

1.14 Materials Guarantee

1.14.1 As a precondition to the Engineer giving its non-objection to certifying payment for Plant orMaterials stored off-Site in accordance with Schedule B [Payment Schedules], the

Contractor shall, at its own expense, provide to the Authority, a Materials Guarantee froma bank registered and operating in the State of Qatar and in the amount of the sums to becertified in respect of the Plant or Materials concerned. Such Materials Guarantee shall beaccompanied by a Vesting Agreement.

1.14.2 The Contractor shall ensure that the Materials Guarantee remains valid until the Plant andMaterials covered by the Materials Guarantee have been delivered to the Site andincorporated into the Works.


(a) the Engineer gives notice to the Contractor that the relevant Materials Guaranteewill expire earlier than the period specified in Sub-clause 1.14.2; and

(b) the Contractor fails to extend, replace or amend (as appropriate) the Materials

Guarantee prior to within thirty-five (35) Days of its expiry,the Authority may, in its sole discretion, demand payment of the full amount due under theMaterials Guarantee.

1.15 Collateral Warranties: Sub-Contractors

1.15.1 Prior to any work or services on the Project being commenced by a Key Sub-Contractor(including the delivery to Site of any Goods of such Key Sub-Contractor), the Contractorshall deliver to the Engineer a Collateral Warranty duly signed by the Key Sub-Contractortogether with evidence of the authority of the person signing on behalf of the Key Sub-Contractor.


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1.15.2 The Authority may refuse access to the Site to any Key Sub-Contractor in respect of whoma Collateral Warranty has not been delivered as required by this Sub-clause 1.15 [CollateralWarranties: Sub-Contracting] and such refusal of access to the Site shall be at theContractor!s risk.

1.16 Extended Sub-Contractor Warranties and Guarantees

1.16.1 The Contractor shall, at its own expense, assign to the Authority the benefit of anywarranties and guarantees from Sub-Contractors which extend beyond the MaintenancePeriod.

1.16.2 An assignment pursuant to Sub-clause 1.16.1 shall be effected using the specimen form ofassignment provided in Schedule H [Other Documents].

1.17 Parent Company Guarantee

1.17.1 In the event that the Contractor is a branch, subsidiary, affiliate or otherwise of a ParentCompany, then the Contractor shall, at its own expense, procure a Parent CompanyGuarantee for the benefit of the Authority from its Parent Company.

1.17.2 In the event that the Contractor is an Association of Persons and any member of theContractor is a branch, subsidiary, affiliate or otherwise of a Parent Company, then eachsuch member shall, at its own expense, procure a Parent Company Guarantee for thebenefit of the Authority from its Parent Company.

2. AUTHORITYS OBLIGATIONS

2.1 Authority Provided Facilities, Information and Services

2.1.1 Where expressly provided in the Project Brief, the Authority shall supply to the Contractor,without charge and for the purposes of the Works only, Facilities, Information and Servicesin the manner, if any, stated in the Project Brief and by the later of the date, where identified,for the supply of such Facilities, Information and Services:

(a) in the Project Brief; and

(b) subject to Sub-clause 6.2.7, in the Baseline Programme.

2.1.2 In the event that the Authority fails to supply any Facilities, Information and Services that ithas agreed to supply in accordance with Sub-clause 2.1.1, the Contractor shall notify theEngineer of such failure.

2.1.3 In the event that the Contractor gives notice pursuant to Sub-clause 2.1.2 and the Authorityfails to supply the Facilities, Information and Services identified in the notice within a furtherseven (7) Days after receipt by the Engineer of the notice:

(a) the Contractor shall itself procure the supply of substitute facilities, information orservices equivalent to the Facilities, Information and Services that the Authorityfailed to supply; and

(b) in the event that the Authority!s failure causes the Works to be delayed and/or theContractor to incur additional Costs, subject to Sub-clause 19.1 [ContractorsClaims], the Contractor shall be entitled to bring a claim for Relief for Delay andRelief for Cost plus Profit.

2.1.4 Any Facilities, Information and Services provided by the Authority to the Contractor for itsuse pursuant to Sub-clause 2.1.1 shall remain the property of the Authority unless expresslystated otherwise in the Contract. Upon the earlier of:

(a) the issue of the Completion Certificate; and

(b) the termination of the Contract or the Contractor!s employment under the Contract,

the Contractor shall deliver to the Engineer an inventory identifying the Facilities,Information and Services that have been provided by the Authority and any Facilities,


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Information and Services that have not been consumed in the design, execution andcompletion of the Works shall be returned to the Authority in accordance with theinstructions of the Engineer at the Contractor!s risk.

2.1.5 Before the Contractor commences work to which any Facilities, Information and Servicesrelate (including the ordering or manufacture of any Plant and Materials), the Contractorshall scrutinize the Contract Documents and the Facilities, Information and Servicessupplied by the Authority pursuant to Sub-clause 2.1.1 for any defects, errors, discrepancies,inaccuracies or inconsistencies between the Facilities, Information and Services and theContract Documents and for any aspects of the Facilities, Information and Services that donot comply with the Applicable Codes and Standards or the Law.

2.1.6 The Contractor shall promptly notify the Engineer of any defects, errors, discrepancies,inaccuracies or inconsistencies discovered as a result of its inspection pursuant to Sub-clause 2.1.5 and upon receipt of such notice the Engineer shall issue an instruction pursuantto Sub-clause 2.7 [Engineers Instructions] as to the manner in which the defects, errors,discrepancies, inaccuracies or inconsistencies are to be resolved and the Contractor shallcomply with such instruction. Subject to Sub-clause 15.1 [Warranted Project Data],

compliance with the Engineer!s instruction pursuant to this Sub-clause 2.1.6 shall be at theContractor!s risk.

2.2 Right of Access to the Site and Work Places

2.2.1 Subject to Sub-clause 2.2.4, the Authority shall grant to the Contractor a non-exclusive rightof access to the Site and to any foundation, structure, plant thereon or means of accessthereto for the purpose of executing the Works and performing its obligations under theContract by the later of:

(a) the Commencement Date; and

(b) the date set out in Schedule F [Access to Site]; and

(c) any dates for such access in the Master Programme and the Baseline Programme.

2.2.2 In the event that the Authority fails to grant the Contractor access in accordance with Sub-clause 2.2.1 and such failure causes the Works to be delayed and/or the Contractor to incuradditional Costs, subject to Sub-clause 19.1 [Contractors Claims], the Contractor shall beentitled to bring a claim for Relief for Delay and Relief for Cost plus Profit.

2.2.3 The Contractor acknowledges that the Authority, the Engineer and Authorised Persons shallbe entitled to unrestricted access to the Site, including any foundation, structure or plantthereon, and to any places where testing is to be carried out or where the Contractor isexecuting any part of the Works. In exercising such rights of access the Authority, theEngineer and any Authorised Persons shall comply with the safety and security procedurescontained in the Health, Safety and Security Management System.

2.2.4 The Authority shall not be obliged to grant rights of access to the Contractor pursuant to thisSub-clause 2.2 [Right of Access to the Site and Work Places] until the requirements of Sub-

clause 1.3 [Preliminary Matters] have been satisfied.

2.3 Authoritys Equipment

2.3.1 Where expressly provided in the Project Brief, the Authority shall make the Authority!sEquipment available for use by the Contractor in the execution of the Works in the manner,if any, stated in the Project Brief and by the later of the date, where identified, for the makingavailable of such Authority!s Equipment:

(a) in the Project Brief; and



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2.3.2 The Authority shall not be liable for any defect in or inadequacy of the Authority!s Equipmentand gives no representation or warranty, express or implied, in respect of the suitability ofthe Authority!s Equipment for any particular purpose. The Contractor shall be responsiblefor the care of each item of the Authority!s Equipment whilst it is in the Contractor!s custody

and/or control and shall operate and maintain it in accordance with the manufacturer!sinstructions. The Contractor shall use the Authority!s Equipment at its own risk.

2.3.3 The amounts payable by the Contractor for the use of Authority!s Equipment shall becalculated using the prices stated in the Project Brief or, if there are no prices in the ProjectBrief for particular Authority!s Equipment, using prices determined by the Engineer. Anyamount due to the Authority under this Sub-clause 2.3.3 shall be paid in accordance withSchedule B [Payment Schedules].

2.3.4 In the event that the Authority fails to make available Authority!s Equipment in accordancewith Sub-clause 2.3.1, the Contractor shall notify the Engineer of such failure.

2.3.5 In the event that the Contractor gives notice pursuant to Sub-clause 2.3.4 and the Authorityfails to make available the Authority!s Equipment identified in the notice within a further

seven (7) Days after receipt by the Engineer of the notice:(a) the Contractor shall itself obtain substitute equipment equivalent to the Authority!s

Equipment that the Authority failed to make available; and

(b) in the event that the Authority!s failure has caused the Works to be delayed and/orthe Contractor to incur additional Costs, subject to Sub-clause 19.1 [ContractorsClaims], the Contractor shall be entitled to bring a claim for Relief for Delay andRelief for Cost plus Profit.

2.4 Free-Issue Materials

2.4.1 Where expressly provided in the Project Brief, the Authority shall make the Free-IssueMaterials available for use by the Contractor in the execution of the Works in the manner, ifany, stated in the Project Brief and by the later of the date, where identified, for the making

available of such Free- Issue Materials:(a) in the Project Brief; and


2.4.2 Within fourteen (14) Days after taking custody of any Free-Issue Materials, the Contractorshall inspect them for any shortage, defect or fault or for any non-compliance with theApplicable Codes and Standards and the Law and shall notify the Engineer within three (3)Days after discovering such shortage, defect, fault or non-compliance. The Authority shallremedy such shortage, defect, fault or non-compliance in the Free-Issue Materials as soonas reasonably practicable and make them available to the Contractor.

2.4.3 In the event that the Authority fails to make Free-Issue Materials available in accordancewith Sub-clause 2.4.1, or is required to remedy a shortage, defect, fault or non-compliance

in them following a notice from the Contractor pursuant to Sub-clause 2.4.2, and such failureor remedial action causes the Works to be delayed and/or the Contractor to incur additionalCosts, subject to Sub-clause 19.1 [Contractors Claims], the Contractor shall be entitled tobring a claim for Relief for Delay and Relief for Cost plus Profit.

2.4.4 The Free-Issue Materials shall come under the care, custody and control of the Contractorwhen the Authority makes them available to the Contractor.

2.5 Authoritys Obligations in relation to Approvals

2.5.1 Where the Project Brief provides that certain Approvals are to be obtained by the Authority,it shall obtain such Approvals at or within the times specified in the Baseline Programme.


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2.5.2 In the event that the Contractor notifies the Engineer pursuant to Sub-clause 3.6.2 thatactions are required that only the Authority can take which are necessary in order for theContractor to obtain an Approval, the Authority shall, at the Contractor!s risk, take suchactions as are reasonably requested by the Contractor. Subject to Sub-clause 19.3

[Authoritys Claims], the Authority shall be entitled to recover from the Contractor any coststhat it incurs in taking the actions requested by the Contractor.

2.5.3 In the event that the Contractor notifies the Engineer pursuant to Sub-clause 3.6.3 that anApproval is being withheld by a Regulatory Body for reasons not attributable to the acts,omissions or defaults of the Contractor, the Authority shall, at the Contractor!s risk, usereasonable endeavours to assist the Contractor in obtaining such Approval, provided thatthe Authority shall not be responsible for obtaining the Approval and the Contractor shallnot be relieved from the risk and responsibility for obtaining and maintaining the same.Subject to Sub-clause 19.3 [Authoritys Claims], the Authority shall be entitled to recoverfrom the Contractor any costs that it incurs in providing the assistance requested by theContractor.

2.6 Appointment of Engineer and Responsibilities

2.6.1 The Authority shall notify the Contractor of the identity of the Engineer, the Engineer!sContact Details and the name of its representative within seven (7) Days after theCommencement Date and thereafter shall notify the Contractor of any change in the identityof the Engineer, the Engineer!s Contact Details or the name of its representative. At anytime where an Engineer is not appointed, the Authority shall carry out the duties andexercise the power and authority of the Engineer under the Contract.

2.6.2 Subject to Sub-clause 2.6.4, the Engineer shall carry out the duties assigned to it under theContract and shall act on behalf of the Authority when performing those duties.

2.6.3 The following powers and authorities are reserved to be exercised only by the Authority orby the Engineer with the Authority!s prior written authorisation:

(a) pursuant to Sub-clause 20.11 [Waiver], granting the Contractor a waiver; or

(b) pursuant to Sub-clause 18.5 [Termination], terminating the Contract or theContractor!s employment under the Contract; or

(c) pursuant to Sub-clause 6.4 [Acceleration], issuing an Acceleration Award; or

(d) any other powers and authorities which are expressly stated in the Contract ornotified in writing by the Authority to the Contractor from time to time as beingpowers and authorities reserved to be exercised by the Authority or by the Engineerwith the prior written authorisation of the Authority.

2.6.4 In the event that the Contractor receives a Communication from the Engineer in respect ofany of the matters referred to in Sub-clause 2.6.3 which is not accompanied by evidence ofthe Authority!s written authorisation for the Communication to be made, the Contractor shallnot comply with the Communication and shall immediately notify the Engineer and the

Authority that no written authorisation has been provided. Upon receipt of the Authority!swritten authorisation, the Contractor shall immediately comply with the Communication fromthe Engineer. Any action taken by the Contractor prior to receiving such writtenauthorisation from the Authority shall be taken at the Contractor!s risk.

2.6.5 Except for the matters to which Sub-clause 2.6.3 applies, all Communications given orreceived by the Engineer shall be deemed to have been given or received by the Authority.

2.6.6 In the event that the Authority intends to replace the Engineer, it shall give the Contractornotice of the identity of the replacement Engineer, its Contact Details and the name of itsrepresentative not less than fourteen (14) Days prior to such replacement.


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2.6.7 Where the Engineer is required under the Contract to give its non-objection, the Engineermay, but shall not be required to, give its non-objection with conditions. If the Engineer givesits non-objection with conditions, the Contractor shall comply with such conditions.

2.7 Engineers Instructions

2.7.1 Subject to Sub-clause 2.7.2, the Engineer may issue instructions to the Contractorregarding the interpretation of the Contract or in respect of the Contractor!s obligationsunder the Contract and the Contractor shall give immediate effect to such instructionsnotwithstanding that the Contractor may give a Notice of Dissatisfaction pursuant to Sub-clause 2.7.5.

2.7.2 In the event that the Contractor considers an instruction of the Engineer to constitute aVariation, the Contractor shall, within fourteen (14) Days after receipt of such instruction,give to the Engineer a notice requesting the issue of a Variation Order and shall attach tosuch notice an Impact Assessment.

2.7.3 In the event that the Contractor fails to notify the Engineer in accordance with Sub-clause2.7.2:

(a) the Contractor shall not be entitled to Relief; and

(b) the Authority shall be discharged from all liability in connection with the instructionof the Engineer; and

(c) the Contractor shall continue to give effect to the instruction.

2.7.4 The Engineer shall respond to the Contractor!s notice given pursuant to Sub-clause 2.7.2within fourteen (14) Days of receipt by either agreeing that the instruction constitutes aVariation (in which case the Engineer shall issue a Variation Order pursuant to Sub-clause13.2.1 and either issue its Evaluation or give comments on the Impact Assessment pursuantto Sub-clause 13.2.3(b)) or by rejecting the Contractor!s request for a Variation Order. Inthe event that the Engineer fails to respond in accordance with this Sub-clause 2.7.4, therequest for the issue of a Variation Order shall be deemed rejected by the Engineer.

2.7.5 Subject to Sub-clause 2.8.2, in the event that a request for a Variation Order is rejected, ordeemed rejected, by the Engineer, the Contractor shall be entitled to give a Notice ofDissatisfaction.

2.7.6 A Notice of Dissatisfaction pursuant to Sub-clause 2.7.5 shall be given by the Contractornot later than twenty-one (21) Days:

(a) after receipt of the Engineer!s decision issued pursuant to Sub-clause 2.8 [Decisionof the Engineer]; or

(b) after the Engineer!s rejection, or deemed rejection, pursuant to Sub-clause 2.7.4,

failing which it shall be deemed that no Dispute exists, no liability shall attach to the Engineeror the Authority in respect of such instruction and the Contractor shall have no right at any

later date to give a Notice of Dissatisfaction in relation to such decision or rejection of theEngineer.

2.7.7 In the event that it is later decided pursuant to Sub-clauses 19.4 [Dispute EngineersDecision] to 19.8 [Arbitration] that the instruction of the Engineer constitutes a Variation andcompliance with the instruction of the Engineer causes the Works to be delayed and/or theContractor to incur additional Costs, subject to Sub-clause 19.1 [Contractors Claims], theContractor shall be entitled to bring a claim for Relief for Delay and Relief for Cost plus Profit.

2.8 Decision of the Engineer

2.8.1 Except as otherwise expressly provided in Sub-clause 2.7.4 and Clause 4 [Design -Contractors Documents], the Engineer shall notify the Contractor of its decision on anymatter submitted by the Contractor for an instruction of the Engineer, the non-objection ofthe Engineer or otherwise within twenty-one (21) Days after receipt of such submission.


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2.8.2 In the event that the Engineer fails to give notice of its decision to the Contractor inaccordance with Sub-clause 2.8.1, the Contractor shall notify the Engineer of such failurewithin seven (7) Days after the expiry of the period referred to in Sub-clause 2.8.1 and if theEngineer fails to give notice of its decision within a further three (3) Days after the date of

receipt of the Contractor!s notice:

(a) in the case of a submission seeking the Engineer!s non-objection, the Contractormay deem the Engineer!s non-objection to have been given at the end of suchfurther period; or

(b) in the case of a submission seeking an instruction of the Engineer on any matteradversely affecting the progress of the Works, subject to Sub-clause 19.1[Contractors Claims], the Contractor shall be entitled to bring a claim for Relief forDelay and Relief for Cost plus Profit in the event that the Engineer!s failure to issuean instruction causes the Works to be delayed and/or the Contractor to incuradditional Costs.

2.8.3 In the event that the Contractor is dissatisfied with the decision of the Engineer pursuant to

Sub-clause 2.8.1, the Contractor shall be entitled to give a Notice of Dissatisfaction.Notwithstanding such Notice of Dissatisfaction the Contractor shall continue to give effectto the decision of the Engineer.

2.8.4 A Notice of Dissatisfaction pursuant to Sub-clause 2.8.3 shall be given not later than twenty-one (21) Days after receipt of the Engineer!s decision failing which it shall be deemed thatno Dispute exists, no additional liability shall attach to the Engineer or Authority and theContractor shall have no right at any later date to give a Notice of Dissatisfaction in relationto such decision of the Engineer.

2.9 Engineers Evaluation

2.9.1 Where the Conditions of Contract provide that the Engineer is required to issue anEvaluation of an Impact Assessment, the Engineer shall review the Impact Assessment, ifprovided, and issue its Evaluation.

2.9.2 An Evaluation shall be a determination of contractual entitlement taking into account theinformation provided by the Contractor in its Impact Assessment and any other facts and/orcircumstances which the Engineer considers to be relevant. The Evaluation shall include,subject to the terms of the Contract, a statement of any Relief to which the Engineerconsiders the Contractor to be entitled.

2.10 Authoritys Assistance

2.10.1 The Authority shall assist the Contractor in its co-ordination with Third Parties, includingassistance in making application for and obtaining all necessary Approvals and otherdocuments required for the execution and completion of the Works.

2.10.2 The Contractor acknowledges and accepts that the Authority gives no guarantees normakes any representations nor gives any warranties, either express or implied, that any

assistance it gives shall neither cause nor prevent any delay to any Time for Completion orincrease in the Costs.

2.10.3 In the event that the Contractor requires assistance from the Authority pursuant to this Sub-clause 2.10 [Authoritys Assistance], the Contractor shall give notice to the Engineer in atimely manner having regard to the Baseline Programme to enable the Authority to considerthe Contractor!s request and (if the Authority agrees to provide assistance) to take anyaction reasonably requested by the Contractor.

2.10.4 Any reference in the Contract to the Authority or the Engineer giving assistance to theContractor shall not:

(a) be deemed to impose an obligation on the Authority or the Engineer to give suchassistance at any particular time or at all; or


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(b) be construed as any obligation on the Authority or the Engineer to incur costs inproviding such assistance; or

(c) be deemed to relieve the Contractor of any obligations, duties, responsibilities,risks or liabilities to design, execute and complete the Works in accordance withthe Contract.

2.10.5 In the event that the Authority agrees to provide assistance to the Contractor and theAuthority and/or the Engineer incur costs in providing such assistance, subject to Sub-clause 19.3 [Authoritys Claims], the Authority shall be entitled to recover from theContractor the costs incurred by the Authority and/or the Engineer as a result of suchassistance being provided.

3. CONTRACTORS GENERAL OBLIGATIONS

3.1 General Design and Construction Obligations

3.1.1 The Contractor shall:

(a) design, execute and complete the Works (including the preparation of Contractor!s

Documents) and remedy all Defects and Latent Defects:

(i) in full compliance with the Contract, the instructions of the Engineer,Applicable Codes and Standards and Good Design, Engineering andConstruction Practices; and

(ii) in accordance with applicable Law; and

(b) ensure that:

(i) on the Taking-Over Date of each Section, the relevant Section is; and

(ii) on the Completion Date, the Works are,

suitable in all respects to be used for the purpose specified in or to be inferred fromthe Contract and satisfy the requirements of the Law.

3.2 Contractors Execution

3.2.1 Except for anything that the Authority is expressly required to provide under the Contract,the Contractor shall, at its own risk, prepare and supply all Goods, Contractor!s Documents,Information, Contractor!s Personnel, consumables, facilities, accommodation, transport andother things and services, whether of a temporary or permanent nature, and everything elserequired in and for the design, execution and completion of the Works and the remedyingof Defects and Latent Defects.

3.2.2 The Contractor shall be responsible, at its own risk, for the adequacy, stability and safety ofall operations and methods of construction for the Works which shall conform to the Contractand be suitable in all respects to be used for the purpose specified in, or to be inferred from,the Contract.

3.2.3 The Contractor shall, whenever required by the Engineer, submit for the Engineer!s non-objection or for the Engineer!s information (as directed by the Engineer) details of thearrangements and methods which the Contractor proposes to adopt for the design,execution and completion of the Works in accordance with Sub-clause 4.2 [Review ofContractors Documents].


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3.2.4 In the event that the Contractor intends any aspect of the Permanent Works to be designed,executed and completed other than on the Site and its intention to carry out the relevantactivity off the Site is not expressly identified in Schedule C [Resources Schedules], theContractor shall, at its own risk, obtain the Engineer!s prior non-objection to the location

where work is to be executed and the associated arrangements for designing, executingand completing such work. Subject to Sub-clause 19.3 [Authoritys Claims], the Authorityshall be entitled to recover any costs that it incurs as a result of the Engineer or anyAuthorised Persons carrying out any examinations, inspections, measurements or tests onthe parts of the Permanent Works the subject of the Engineer!s non-objection.

3.3 Site Conditions

3.3.1 Subject to Sub-clauses 15.1 [Warranted Project Data], 15.2 [Project Data at ContractorsRisk] and 15.4 [Authoritys Risks], and except as otherwise expressly provided in theContract, the Contractor shall be deemed:

(a) to have inspected and examined the Site and its surroundings, and informationavailable in connection with the Site and its surroundings, and to have satisfied

itself as to all matters which may affect the design, execution and completion ofthe Works, including:

(i) the form and nature thereof, including ground, sub-soil and hydrologicalconditions; and

(ii) the extent and nature of work and materials necessary for constructingand completing the Works; and

(iii) all means of communication with the Site, and access to and egress fromthe Site, including the need for any rights of way or Approvals required inorder to gain access or egress, and any accommodation that might berequired for the execution and completion of the Works; and

(b) to have provided in the Contract Price for any conflicts, ambiguities and

discrepancies between the Contract Documents and the Site; and(c) to have included in the Contract Price all risks associated with access to and

egress from the Site and for special or temporary rights of way which may berequired outside or inside the Site, including those for access or egress, and tohave made provision for all necessary time required for Site access and egress,including any likely delay in accessing or leaving the Site,

and generally to have obtained all necessary information as to risks and all matters thatmay affect the Contract Price or any Time for Completion, and the Contractor shall not beentitled to Relief in respect of such risks.

3.4 Fossils and Antiquities

3.4.1 All fossils, coins, articles of value, antiquities, structures and other remains or items of

geological or archaeological interest found on the Site shall be placed under the care,control and authority of the Engineer. The Contractor shall take precautions as instructedby the Engineer to prevent theft of, or damage to, any such finds.

3.4.2 The Contractor shall, within twenty-four (24) hours after discovery of any finds of the kindreferred to in Sub-clause 3.4.1, give notice to the Engineer, who shall issue an instructionwith regard to the protection of the finds and the execution of the Works. In the event thatthe Contractor suffers delay and/or incurs additional Costs in giving effect to such instruction,subject to Sub-clause 19.1 [Contractors Claims], the Contractor shall be entitled to bring aclaim for Relief for Delay and Relief for Cost plus Profit.


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3.5 Local Office

3.5.1 At all times until the expiry of the Maintenance Period, the Contractor shall maintain a fullyoperational office in the State of Qatar licensed in accordance with the Law and staffed bysuitably qualified and authorised personnel.

3.6 Approvals to be obtained by the Contractor

3.6.1 Except for the Approvals listed in the Project Brief as being the responsibility of the Authorityto obtain pursuant to Sub-clause 2.5.1; the Contractor shall, at its own risk, obtain andmaintain, and shall ensure where relevant that Contractor!s Personnel obtain and maintain,all Approvals required to perform their obligations arising out of, under or in connection withthe Contract, Applicable Codes and Standards and the Law.

3.6.2 The Contractor shall notify the Engineer if the Contractor requires any assistance from theAuthority in obtaining an Approval for which the Contractor is responsible, and the Authoritymay provide such assistance in accordance with Sub-clause 2.10 [Authoritys Assistance].

3.6.3 The Contractor shall immediately notify the Engineer of any requirements of a Regulatory

Body that impose conditions on the granting of an Approval. In the event that an Approvalis withheld by a Regulatory Body for reasons not attributable to the acts, omissions ordefault of the Contractor, a Sub-Contractor or any Contractor!s Personnel, the Contractormay notify the Engineer with the details of:

(a) the Approval required by the Contractor; and

(b) the relevant Regulatory Body withholding the Approval; and

(c) any communication, records or other information in relation to the Approval that isin the possession of the Contractor, a Sub-Contractor or any Contractor!sPersonnel (and the Contractor shall provide a copy of such communications,records or other information to the Engineer); and

(d) any other information required by the Authority.

3.6.4 The Contractor shall, in consultation with the Engineer, take all steps necessary to avoid ormitigate the effects of any delay in obtaining Approvals.

3.6.5 Where pursuant to Sub-clause 2.5.1 the Authority is responsible for obtaining an Approval,the Contractor shall, at the request of the Authority, assist in obtaining such Approval at noadditional cost to the Authority.

3.7 Contractors Equipment

3.7.1 The Contractor shall, at its own risk, be responsible for the Contractor!s Equipment,including their design, transportation, erection, operation, maintenance and removal. Whenbrought on to the Site, the Contractor!s Equipment shall be used exclusively for theexecution of the Works.

3.7.2 The Contractor shall not remove any major item (as determined by the Engineer) of

Contractor!s Equipment from the Site without first obtaining the Engineer!s prior non-objection. However, the Engineer!s non-objection shall not be required for vehiclestransporting Goods or Contractor!s Personnel to or from Site.

3.8 Electricity, Water and Gas

3.8.1 Except as otherwise expressly provided in the Project Brief or the Conditions of Contract,the Contractor shall be responsible for the provision, at its own risk, of all consumables andservices which it may require for the performance of its obligations under the Contract until:

(a) the issue, or deemed issue, of the Taking-Over Certificate in respect of a Sectionor Portion; or

(b) in respect of any part of the Works for which a Taking-Over Certificate has notbeen issued, or deemed issued, the issue of the Completion Certificate.


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3.9 Setting Out

3.9.1 The Contractor shall set out the Works in relation to original points, lines and levels ofreference specified in the Contract. The Contractor shall be responsible for the correctpositioning of all parts of the Works and shall rectify any error in the positions, levels,dimensions or alignment of the Works.

3.9.2 Subject to Sub-clause 15.1 [Warranted Project Data], the Contractor shall be responsiblefor any errors in the positions, levels, dimensions or alignment of the Works.

3.10 Transportation of Goods

3.10.1 In the transportation of Goods, the Contractor shall abide by the applicable laws of anyjurisdiction (including international laws, convention