SAILESH NAIR & ASSOCIATES
- 47 -
BOB, ANKALAV BRANCH, DIST. ANAND
1, DEFENCE KARMACHARI HSG. SOC. NR. UNITED COLONY, B/H. NAVRACHANA HIGH SCHOOL, SAMA,
VADODARA – 390 008 TELE-FAX. 0265 2784382 MOB : 9898072813 / 9427602817
in writing, ahead of time, giving the Consultant
reasonable time to prepare such instructions, the
Bank shall make a fair and reasonable extension of
time for completion of the Contract works. In case of
such strike or lock-out, the Contractor shall, as soon
as may be, given written notice thereof to the
Architect, but the Contractor shall nevertheless
constantly use his endeavors to prevent delay and
shall do all that may reasonably be required to the
satisfaction of the
Architect to proceed with the work.
b) The Contractor shall proactively take all practicable steps to
avoid or reduce any delay in the execution and completion of
the works arising out of
i)
Force Majeure
ii)
Exceptionally inclement weather
iii)
Loss and damage by fire and earthquake
iv)
Civil commotion, lockout, strike etc.
v)
Delay on the part of the nominated Sub-Contractor or
nominated supplier.
vi)
Delay on the part of the other Contractors employed
by the
Bank.
7.4.
SUSPENSION OF WORKS:
The
Architect may in an extreme case and in prior consultation with the
Bank
suspend works if the quality or safety of the works are likely to be
compromised due to heavy rains, natural calamities etc. The
Architect may
grant such extension of time with the approval of the
Bank as may be justified
by such a delay in the works. The Contractor shall not be entitled to any
compensation on account of such delay
7.5.
WORK AT NIGHT:
7.5.1.
If the Contractor is required to work at night in order to
complete the work within the Time Schedule, the Contractor
shall provide and maintain at his own cost sufficient lights to
enable the work to proceed satisfactorily without danger.
Approaches to the site also shall be sufficiently lighted by the
Contractor. No extra payments will be made for night work.
Prior intimation and approval should also be taken from
Architect.
7.6.
WORK ON HOLIDAY:
7.6.1.
No work shall be done on national holidays that may be
notified by the
Bank without the specific sanction in writing of
the
Bank /
Architect.
8.
PERFORMANCE
8.1.
GENERAL
8.1.1.
INDEPENDENT CONTRACTOR
SAILESH NAIR & ASSOCIATES
- 48 -
BOB, ANKALAV BRANCH, DIST. ANAND
1, DEFENCE KARMACHARI HSG. SOC. NR. UNITED COLONY, B/H. NAVRACHANA HIGH SCHOOL, SAMA,
VADODARA – 390 008 TELE-FAX. 0265 2784382 MOB : 9898072813 / 9427602817
a) The Contractor agrees to perform this Contract as an
independent Contractor and not as a sub- Contractor, agent
or Employee of the
Bank.
8.1.2.
ASSIGNMENT OR SUB-LETTING:
a) The whole of the works included in the Contract shall be
executed by the Contractor and the Contractor shall not
directly or indirectly transfer, assign or underlet the Contract
or any part/ share thereof or interest therein, nor shall he
take a new partner, without the written consent of the
Architect / Bank and no undertaking shall relieve the
Contractor from the full and entire responsibility of the
Contract or from active superintendence of the works during
their progress.
b) Nominated Sub-contractors:
i)
All specialists, merchants, tradesmen and others
executing any work or supplying and fixing any goods
for which prime cost prices or provisional sums are
included in the Schedule of Quantities and/or
Specifications who may be nominated or selected by
the
Architect are hereby declared to be Sub-
contractors employed by the Contractor and are
herein referred to as nominated Sub-contractors. No
nominated Sub-contractor shall be employed on or in
connection with the works against whom the
contractor shall make reasonable objection or (Save
where in the
Architect and Contractor shall otherwise
agree) who will not enter into contract provided :-
ii)
That the nominated Sub-contractor shall indemnify the
contractor against the same obligations in respect of
the Sub-contract as the contractor is under in respect
of this contract.
iii)
That the nominated Sub-contractor shall indemnify the
contractor against claims in respect of any negligence
by the Sub-contractor, his servants or agents or any
misuse by him or them of any scaffolding or other
plant, the property of the contractor or under any
Workmen's Compensation Act in force.
iv)
Payment shall be made to the nominated Sub-
contractor within
15 days of his receipt of the
Architect's certificate provided that before any
certificate is issued the contractor shall upon request
furnish to the
Architect proof that all nominated Sub-
contractor's accounts included in previous certificates
have been duly discharged; in default whereof the
Bank may pay the same upon a certificate from the
Architect and deduct the amount thereof from any
sums due to the contractor.