SAILESH NAIR & ASSOCIATES
- 67 -
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
Completion" and "Extension of Time" and if the
Architect
shall certify in writing on or before the date of issue of the
Certificate for the last payment to which the Contractor may
become entitled hereunder that the works could reasonably
have been completed by the date or within the said extended
time, then the Contractor shall pay or allow the
Bank the
sum to be worked out as per
Appendix to General
Conditions of Contract per day to be recovered as
Liquidated Damages (and not by way of penalty) for the
delay, beyond the said date or extended time, as the case
may be, during which the works shall remain unfinished and
such damages may be deducted from any moneys due or
which may become due to the Contractor. The maximum
amount of Liquidated Damages shall be the amount not
exceeding Total Security Deposit. The contractor shall be
bound to extend validity of Insurance Cover till such period of
completion as to be considered necessary at their cost.
9.2.
FAILURE BY CONTRACTOR TO COMPLY WITH ARCHITECT’S
INSTRUCTIONS:
9.2.1.
If the Contractor after receipt of written notice from the
Architect in prior consultation with the
Bank requiring
compliance with such further drawings and/or instructions to
remove, fails within seven days to comply with the same, the
Architect with prior consent of the Bank may employ other
persons to execute any such work whatsoever as may be
necessary to give effect thereto and all costs incurred in
connection therewith shall be recoverable from the
Contractor by the
Bank on a certificate by the Architect as a
debt to be deducted by him from any moneys due or to
become due to the Contractor.
9.3.
DETERMINATION OF CONTRACT:
9.3.1.
If the Contractor except on account of any legal restraint upon
the
Bank preventing the continuance of the works, on
account of any of the causes mentioned in Clause “Delay
and Extension of time” in the case of a certificate being
withheld or not paid when due, shall suspend the works, or,
in the opinion of the
Architect, shall neglect or fail to
proceed with due diligence in the performance of his part of
the Contract or if he shall more than once make default in the
respects mentioned in Clause “Removal of improper work
and materials”, the
Bank through the Architect shall have
power to give notice in writing to the Contractor requiring that
the works be proceeded with a reasonable manner and with
reasonable dispatch. Such notice shall not be unreasonably
given and must signify that it purports to be a notice under
the provisions of this clause and must signify the act or
defaults on the part of the Contractor upon which it is based.
After such notice shall have been given, the Contractor shall
SAILESH NAIR & ASSOCIATES
- 68 -
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
not be at liberty to remove from the site of work, or from any
ground contiguous thereto, any plant or materials belonging
to him which shall have been placed thereon for the purpose
of the works, and the
Bank shall have lien upon such plant
and materials to subsist from the date of such notice being
given until the notice shall have been complied with. If the
Contractor shall fail, for seven days after such notice has
been given to proceed with the works as therein prescribed,
the
Bank may enter upon & take possession of the works
and of all such plant and materials thereon intended to be
used for the work, and the
Bank shall retain and hold alien
upon all such plant and materials until the works shall have
been completed under powers hereinafter conferred upon
him. If the
Bank shall exercise the above power, he may
engage any other person to complete the works and exclude
the Contractor, his agents and servants, from entry upon or
access to the same, except that the Contractor or any person
appointed in writing may have access at all reasonable times
during the progress of the works to inspect, survey and
measure the works. Such written appointment or a copy
thereof shall be delivered to the
Architect before the person
so appointed comes on to the works, and the
Bank shall
take such steps as in the opinion of the
Architect may be
reasonably necessary for completion of the works, without
undue delay or expenses, using for that purpose the plant
and materials above mentioned in so far as they are suitable
and adaptable to such use. Upon the completion of the work
the
Architect shall certify the amount of the expenses
properly incurred consequent on and incidental to the default
of the Contractor as aforesaid and in completing the works
by other persons. Should the amount so certified as the
expenses properly incurred be less than the amount which
would have been due to the Contractor upon the completion
of the works by him, the difference shall be paid to the
Contractor by the
Bank, should the amount of the former
exceed the latter, the difference shall be paid by the
Contractor to the
Bank. The Bank shall not be liable to make
any further payment or Compensation to the Contractor for
or on account of the proper use of the plant for the
completion of the works under the provision herein before
mentioned other than such payment as included in the
Contract. After the works shall have been so completed by
persons other than Contractor, under provision herein before
contained, the
Architect shall give notice to the Contractor,
to remove his plant and all surplus materials as may not
have been used in the completion of the works, from the site.
If such plant and materials are not removed within a period of
14 days, after the notice shall have been given, the
Bank
may remove and sell the same, holding the proceeds, less
the cost of the removal and sale, to the credit of the