10. Variation
The Contractor shall make such variations to the Works as may be ordered by the Project Manager.
All variations required by Project Manager shall, where applicable for the “Structural Works Element” be measured and valued by the Project Manager who will give the Contractor an opportunity of being present at the time of such measurement and of taking such notes and measurements as the Contractor may require.
The measurement of such work shall be according to the Principles of Measurement (International) for works of Construction used in the preparation of the Bill of Quantities and Schedule of Rates.
The valuation of Variations unless otherwise agreed shall be made in accordance with the following rules:
(a) The rates in the Bill of Quantities and Schedule of Rates shall determine the valuation of work of similar character executed under similar conditions as work priced therein;
(b) The said rates, where work is not of similar character or executed under similar conditions as aforesaid, shall be the basis of prices for the same so far as may be reasonable, failing which a fair valuation thereof shall be made;
(c) The rates contained in the Bill of Quantities and Schedule of Rate shall determine the valuation of items omitted; provided that if omissions substantially vary the conditions under which any remaining items of work are carried out the prices for such remaining items shall be valued under clause (b).
The Contractor is to submit costs to the Project Manager for any item it considers being a variation under the Contract within 14 days of receipt of instruction from the Project Manager in accordance with Clause 9. If the Contractor fails to give notice of the cost impact of a variation within this period the Contractor shall not be entitled to additional payment, and the Employer shall be discharged from all liability in connection with any additional costs due to this variation.
Effect shall be given to the measurement and valuation of variations under clause 10 in Interim Certificates and by adjustment of the Contract Price.
11. Extension of Time
The Project Manager shall consider and grant to the Contractor a reasonable extension of time for delays caused by the following:-
(i) variations ordered by the Project Manager,
(ii) exceptionally adverse climatic conditions which shall be defined as climatic conditions differing from the 20 year average in NaiHarn, Phuket, Kingdom of Thailand
(iii) breaches of this Contract by the Employer or otherwise for which the Employer is responsible; and
(iv) other contractors engaged by the Employer in executing work not forming part of this Contract.
Providing and to the extent that in above cases, the Contractor has not himself been at fault in failing to guard against or prevent or minimize such delay or damage.
The Contractor is to submit a notice requesting for an extension of time due to delay. The notice shall be given a soon as practicable and not later than 28 days after the Contractor became aware, or should have become aware, of the event or circumstance causing the delay. If the Contractor fails to give notice within such period of 28 days, the Time for Completion shall not be extended, and the Employer shall be discharged from all liability in connection with the claim.
12. Measurement
a) The Works shall be executed on a “Fixed Price Lump Sum” or “Remeasured” basis as stated in Appendix A.
b) Works executed on a “Fixed Price Lump Sum” basis will not be remeasured on completion. Works executed on a “Remeasured” basis will be valued according to the quantities of work (measured net in accordance with the Principles of Measurement (International) for Works of Construction June 1979) carried out in accordance with the Project Manager’s instructions.
c) If the Contract is Fixed Price Lump Sum, no claims in respect of fluctuations in prices will be admissible
13. Duties and Responsibilities of the Contractor
The Contractor shall submit a programme demonstrating how he intends to organize and carry out the Works within the time fixed for completion of the whole Works.
The programme shall be used as a basis for monitoring the Contractor’s work progress and certifying the period of delay caused by the Contractor. If and when it is found that the works progress is not in accordance with the programme, the Contractor shall, with utmost diligence, catch up on time. Should the Project Manager request the Contractor to issue a revised programme to show the delays and how the Contractor intends to catch up the Contractor shall submit the revised programme within 14 days of the Project Managers request.
The Contractor shall continually notify the Project Manager whenever there is likelihood of delay occurring to the Works.
The Contractor shall prepare all shop drawing and submit such drawings for approval in good time and in strict accordance with the Project Manager’s directions.
No extension of time shall be granted for delay in submission of such drawings or resubmission of the amendment drawings due to inadequate or inaccurate details.
All “As-Built” drawings must be submitted before the Contract completion.