Wednesday, February 16, 2011

FIDIC Conditions of Contract for Electrical and Mechanical Engineering, continued 2

 Equipment and immediately inform the contractor. The notification shall state the reasons for rejection engineers. Engineers have tiny flaws should not reject any of the equipment, as long as the defect does not affect the operation of the equipment for profit.
Contractor shall then quickly repair any defective or rejected the equipment to ensure conformity with the contract requirements.
If the Engineer requires further testing of the device, which test the same terms and conditions shall be repeated. incurred by a repeat test should be the full cost of the owners deducted from the contract price.
permit the transport of equipment
22.1 Contractor shall apply in writing delivery of engineering equipment or contractor's equipment to the scene, without the written consent of the Engineer, the Contractor shall not be transported to the scene.
Contractor shall be responsible for receiving in the field of engineering equipment and contractor equipment.
first part of the general conditions of work, delivery or installation of the suspension order
23.1
suspension may at any time instruct the Contractor to Engineer:
(a) suspend the works carried out;
(b) suspend the delivery schedule specified in the delivery time (or if no specified time, the appropriate time in the development of transportation) engineering equipment destined for the site or contractor equipment;
(c) suspension has been transported to the site installation works equipment.
when to stop the contractor on schedule delivery or installation of equipment, which shall be deemed to have been issued a suspension engineer's instructions, unless Such blocking was caused by the contractor for breach of contract.
the suspension period, the Contractor shall protect and guarantee at Contractor's factory or other place or scene (as the case may be) affected by the works or engineering equipment from any wear and tear, loss or damage.
cost
24.1 suspension of contractors for engineering or engineering equipment for protection, security and insurance, compliance engineers, issued under section 23.1 shall be incurred instructions and return to work Additional costs should be added to the contract price.
party if the contractor defaults due to downtime, then contractors not entitled to any additional fees.
unless the Contractor to suspend the works or the receipt of suspended transport engineering equipment within 28 days after the order, or under section 23.1 shall confirm the suspension within 28 days after the date, to require notice of the intention to claim engineer, or he is also not entitled to additional fees.
suspension case
24.2 payment under the project if the work or equipment, the delivery of engineering equipment have been suspended more than 28 days, the Contractor is not entitled to transport to the site of the engineering equipment payments. in the suspension after 28 days , Contractor is entitled to suspension of the project equipment in the value of the date of payment.
the same time, a payment certificate shall be issued, subject to the following conditions:
(a) according to the instructions of Engineer Contractor has marked the engineering equipment of the property owners;
(b) not due to the contractor's suspension arising from the breach.

24.3 continued suspension referred to in paragraph 23.1 if the first sustained more than 84 days suspended, and this suspension is not caused by the contractor for breach of contract, the Contractor may notify the Engineer, requested within 28 days agreed to continue the implementation of projects.
If these times without permission, the Contractor may Article 31 of this suspension as described in the section on the suspension affects the deletion or if the suspension affects the whole project, the Contractor may terminate the contract and the implementation of the provisions of Article 46.
return to work
24.4 24.3 If the Contractor is not under suspension shall be continued as a deletion or termination of the contract, the contractor's request, the owners should accept the suspension works on the protection, storage, security and liability insurance, suspension of works by the risk of loss or damage from the transfer to the owners.
received permission to work or order, the Contractor shall promptly notify the Engineer, the inspection affected by the suspension of the works or engineering equipment. Contractor shall Good works or remedial works that may occur during the suspension device to any wear and tear, defects or loss. contractors because of this suspension and reasonably incurred costs (that is, if not impossible to suspend expenses) together with the profit should be added to the contract price.
contractors are not entitled to Youyu remedy for defective workmanship or materials or for the contractor failed to take measures provided for in paragraph 23.1 of any damage caused by corrosion, defects or loss of the costs incurred.
if the owner accepted the suspension under this subsection, the risks and responsibilities of the project, then return to work in the contractor's license or order received after 14 days, the risk and responsibility should be re-vested in the Contractor.
completed the first part of the General Conditions, completion
period
25.1 works should be completed within the time limit for completion tests completed and passed.

26.1 Extension of time for completion if any of the following causes or reasons for delay in completion will enable the Contractor, the Contractor may request an extension for completion deadline:
(a) written instructions under section 31 extra or additional work;
(b) abnormal bad weather conditions;
(c), Department contractor can not reasonably foreseeable or natural barriers conditions;
(d) the owner or engineer's instructions, but not caused by the Contractor's breach of contract;
(e) the owners failed to fulfill any of its obligations under the contract;
(f) the owners of any employment delays of other contractors;
(g) under section 23 of any suspension, except for breach of contract because the contractor;
(h) any labor disputes;.
(i) the risk of the owners;
(j) Force Majeure.
Contractor shall postpone the event that the claim within 14 days after its notice of intention to claim an extension engineer. notice is given, the Contractor shall be issued as soon as possible with full details of the extension of the material requirements.
appropriate in consultation with owners and contractors, the engineers should be expected from time to time give to the Contractor or the retroactive extension of the completion of such reasonable period of permission. Engineer shall notify the owner and contractor.
period, whether before or after the completion of the delays, the contractor shall be entitled to such extension.
subcontractor delays
26.2 If the delays of subcontractors due to the first one referred to in paragraph 26.1 reasons, which hindered the contractor delays completion by the completion deadline, the Contractor shall have the right to claim an extension.
completed ahead of schedule
26.3 owners required under the following conditions as part of projects or project completion deadlines flowers :
(a) the owner and contractor agreed to pay the contractor should first be completed before the period at the completion of the work or part of the additional amount per day;
(b) for failure to complete the project ahead of time or part, contractors do not take the first responsibility under paragraph 27.1.
provisions of this paragraph or in part, owners have the right to require work be completed earlier than the deadline. owners of the requirements for early completion should meet two conditions:
(a) the owner and contractor should be specified in the contract remuneration due. agreed to meet the completion deadline for the return should be part of the project actually completed daily extra money.
(b) completion of the agreed time, the delay in advance , the contractor is not liable for damages. In other words, even if the owner has requested completed ahead of schedule and has reached an agreement on compensation, and only in the completion deadline expires, there will be consequences referred to in Article 27. Section 26.3 subsection is that the owners The only way to request early completion. may not invoke the owners issued under section 31 to change the command to change the implementation of the first paragraph 26.3.

27.1 completion delay completion if the contractor fails to complete within the time limit, the owner should the right to reduce the contract price, unless the events from there to reasonably conclude that owners will not suffer losses.
owners should be in a reasonable period of time required to reduce the contract price of its notice of intent to the contractor.
Daily The percentage reduction should be the preamble to the requirement that due to delays in completion and not expected to put into use that part of the project the daily percentage of the contract price. This should be completed in less time and the actual number of days between the date of completion calculation.
should never exceed this reduced set forth in the preamble, the part of the largest percentage of the contract price.
this reduction should not include the completion of the relevant period the Contractor fails to completion, the owners made any other remedy, but the first, except the provisions of paragraph 27.2.
further delays
27.2 If the owners have the right under section 27.1 shall any part of the project to minimize the contract price, he may by notice require the Contractor to its complete the project. The notice shall be completed to determine a reasonable period of last.
employment, if not the owner or contractor responsible for some other reason, the contractor failed to be completed within the deadline, the owners can once again notice to the Contractor:
(a) require the contractor to complete;
(b) the cost of using the contractor complete the project by the owner, as long as a reasonable way to do so;
(c) terminate the contract. < br> If the owners to terminate the contract, he shall be entitled to any loss suffered by him from the contractor by the provisions of the preamble to the maximum amount of compensation. if not a ceiling, the owner is not entitled to due the Contractor fails to exceed not expected to be completed on schedule put into use that part of the contract price of the compensation project.
owners that he should retain the value of any part of the project chargeable credit.
first part of the General Conditions of the Tests on Completion
test The Contractor shall notify the
28.1 days in advance will be playing a notice to the Engineer, that after that date he will be ready for the Tests on Completion (hereinafter referred to as engineer within 14 days after the date of notice to the Contractor's conduct of a day or days.
inspection time
28.2 If the engineer did not require the Contractor to test after the specified time, or at a specified time and place of such inspection, the contractor providers should have the right engineers to proceed without the presence of the inspection. The inspection shall be deemed to be in the presence of the engineer, and test results are considered accurate.
delay test
28.3 unjustified delay in testing if the Contractor, the Engineer may by notice require the Contractor within 21 days after receipt of the notice for inspection. The Contractor shall within that period may be determined by the date of his inspection, and notice to the Engineer.
If the Contractor fails to inspect within 21 days, the Engineer may proceed with a separate test. engineers to carry out all testing risks and cost of the Contractor, the cost is deducted from the contract price. The test should be as is the case in the presence of the contractor, and test results should be considered accurate.
to facilitate the completion of testing
28.4 Unless otherwise specified, the owner shall provide for the inspection contractor may reasonable requirements of such labor, materials, electricity, fuel, water, supplies, equipment and raw materials.
repeat testing
28.5 If the works or any section of the failed test, the engineer or contractor may be required by the Repeat the same terms and conditions of such tests. under this subsection or subsection 30.7 repeat testing for all costs incurred by the owner to deduct from the contract price.
differences on the test results
28.6 If the engineers and contractors differences in interpretation of test results, the differences between the two sides appear to be within 14 days after the submission of a report to clarify their views. The report shall be accompanied by all relevant supporting materials.
completion of testing is to determine the project has been successfully completed; can be transferred to the owners of the means. Therefore, the engineer and the contractor is likely to have differences in test results. In such cases, contractors and engineers were required to submit to each other to clarify their views of the report. Such reports should be accompanied all relevant evidence and should be submitted 14 days after the election differences.
arbitration, the report can be used to determine whether it is really works has been completed, and the need for the reinspection important documents.
completion test failed 28.7 If the Works or any of the consequences of failed section carried out under paragraph 28.5 of the repeat examination, in appropriate consultation with owners and contractors, the Engineer shall be entitled:
(a) direct accordance with the provisions of paragraph 28.5 conditions once again repeat testing;
(b) reject the Works or Section, in this case, the owners obtained from contractors with Section 30.5 provides the same compensation;
(c) Although the project has not yet completed , if the owners wish, issue a transfer certificate. the contract price shall be the owners and contractors may be given to reduce the amount agreed upon, if they failed to reach agreement, the arbitration decision may be reduced.
owners use
28.8 In considering under paragraph 30.7 29,3,29.4 and test results carried out, the engineer should take into account any of the owners use the project performance of the project or the impact of other characteristics.
inspection certificate
28.9 Once the Works or any section passed the test, the engineer shall forthwith issue to the contractor and the owner a certificate.
first part of the general conditions of the transfer of the transfer of

29.1 When the project has been completed under the contract (those that do not affect the work is expected to put into use other than a minor part) and has passed the test and completion has been issued under paragraph 29.2 or that the transfer certificate had been issued, the owner should receive engineering.
transfer certificate
29.2 Contractor may, in his completion of that project will be prepared in accordance with section 29.1 before the transfer shall not earlier than 14 days notice to the engineer to apply for the transfer of the certificate.
engineers, contractors received within 28 days after the application should be:
(a) the transfer certificate issued to the contractor, while a copy to the owner, indicating completion of the project and prepare the transfer date; or
(b) reject the application, giving reasons and details of engineers to make the transfer of the certificate need to be issued to the contractor's work.
the 28 day period if the Engineer does not issue the transfer certificate or reject the Contractor's application, should be considered the last two days in this period that he had issued the certificate.
If the project is divided into sections according to the contract, the Contractor shall be entitled to apply for each separate section of the transfer of such certificate.
use
29.3 before the transfer of property owners may not use any part of the project, unless the engineer issued The part of the transfer of certificate. However, if the owners to use any part of the project, the portion to be used in such use shall be deemed to have been transferred to date. engineers should be based on the request of the contractor awarded the corresponding transfer certificate. if the owner used in the project before the transfer of any part of the project, the Contractor shall be given the earliest opportunity to take some measures may need to be completed inspection.
Section 27.1 paragraph shall not apply to the project owners are using any part. should use the section .30 section, as if the part is used as the date has been transferred.
completed inspection of the interference
29.4 If the owner or owners hire engineers or other contractors responsible for the reasons preventing Completion inspection contractor should be considered the owners have done this but did not prevent completion of the completion date of receiving the engineering inspection. The Engineer shall issue a transfer certificate accordingly.
If the project is not substantially conform to the contract requirements, you should not think that project has been received.
received if the project in accordance with the provisions of this section, then the contractor should be completed in the defects liability period of testing. Engineer shall give 14 days notice required under section 28 of the Contractor about the relevant provisions of the Tests on Completion.;
defects liability period the contractor for the completion of inspection and any additional costs incurred should be added to the contract price.
first part of the general condition of the defect after the transfer of responsibility for defects
Works of
30.1 If any part of the transfer alone, the part of the project defects liability period from the date of its transfer.
repair defect
30.2 Subject to section 30.9 provides, the Contractor shall be responsible for repair defects liability that may arise or occur during the period, caused by the following projects in any part of any defects or damage;
(a) any defective materials, process or design;
(b) in the defect responsibility of the contractor during the period of any act or omission.
Contractor shall as soon as practicable way to repair the defect or damage at their own expense.
notice of defects
30.3 If any such defects or damage occurs, the owner or Engineer shall immediately notify the contractor of the above.
defect liability period of the extension
30.4 of this Article shall apply to all reset by the contractor or updated, such as reset or update the date of its completion the same has been surrendered.
engineering defect liability period should be extended period of time, the length should work for any defects or damage can not use the same time. If only part of the project affected, the defect liability period shall be only in respect of the extended part.
In both cases, the defect liability period shall exceed one year extension.
the event referred to in paragraph 23.1 of equipment installation or delivery is suspended, the contractor under this article obligation shall not apply to construction equipment should have been delivered (but because of the suspension without delivery) or three years after the date of the second part of such period as may be prescribed for any defects that occur after.
failed to remedy the defects
30.5 If the Contractor fails within a reasonable time at a repair of a defect or damage, the owner can identify a defect or damage in the final time.
If the Contractor fails to do so, owners can: < br> (a) themselves or by others for the job, but he should do it in a reasonable manner, the risk and cost by the contractor; owners to remedy defects or damage due to the reasonable costs incurred to be deducted from the contract price, However, the contractor is not responsible for this work;
(b) require the contractor to agree to the views of the owners or by the agreed Article 50 of the arbitration and reasonable to reduce the contract price;
(c) If the defect or damage so that owners can enjoy the works or in essence part of the project brought the full benefits, he can not be expected to put into use that part of the project to terminate the contract. In addition to the provisions of section 45, any compensation, the owners should be entitled to part of the project paid for all costs. and demolition, clean up the site and returned to the contractor or engineering equipment sold under the instructions of the contractor to pay the cost of the equipment of compensation.
remove the defective works
30.6 if such defect or damage can not be repaired quickly at the scene when the engineer or owner's consent, for purposes of repair, the Contractor may be defective or damage to any part of the project removed from the site.
completion of further testing
30.7 or later if the replacement may affect the works, the owner may require the completion of necessary tests repeated. core requirements should be reset or updated within 28 days after notice to the Contractor. tests shall be 28 the provisions of Article.
access rights
30.8 in the final certification prior to payment, the contractor who works out of the parts should inspect the work and the records and the right to run record.
the access rights should limited to the owners of the normal working hours, risk and expense by the contractor. Similarly, any duly authorized representative of the contractor should also be given such access rights, the authorized representative's name should be prior written notice to the Engineer.
contract Business can also conduct their own risk and expense he considers necessary for any test, but must obtain approval of the Engineer.
owners and engineers to design defects in the
30.9 contractor or engineer should not be provided by the owner or the designated responsible for any defects caused by design.
investigation by the contractor if the engineer a written request
30.10, the Contractor shall, under the guidance of engineers investigated the reasons for any defects. If such defects could not help the contractor is responsible under this section when , cause defects in the investigation work, pay the contractor should be added to the contract price.
Defects Liability Certificate
30.11 When the project or any part of the defects liability period has been terminated, according to the contract, the contractor have been fulfilled to make up for deficiencies Works or obligations, the Engineer shall within 28 days on this issue to the owner and contractor of a defects liability certificate.
exclusive remedy
30.12 In addition to circumstances of serious dereliction of duty , the owners of the provisions of this section shall be substituted remedy any defects and to remove any other remedy.
first part of the General Conditions have the right to change the change
31.1
engineers engineers in the project at any time prior to the transfer to the Contractor change orders issued, instruct the Contractor to alter, modify, delete, increase or otherwise change any part of the project.
addition to change orders the Engineer, the Contractor shall not modify or change any part of the project. But , the contractor may at any time make changes to the project engineers recommended.
change order procedures
31.2 issued under section 31.1 shall command before any changes, engineers, and the nature of such changes should notify the contractor. < br> receipt of such notice, the Contractor shall submit to the Engineer as soon as possible;
(a) the description of the work to be implemented (if any) and the progress of the implementation of work plans;
(b) under paragraph 26.1 on the progress of the plan or the contractor's obligations under the contract, make any necessary changes to the proposal;
(c) the contractor's proposed contract price adjustment.
was received by the contractor after the delivery, with the owners and contractors, after due consultation, the Engineer shall decide whether to make changes as soon as possible.
If the engineers decide to make changes, he should be based on the contractor or the delivery was made to modify the release according to the agreement a clear change orders. If the engineer and the contractor unable to adjust the contract price agreed on, they should be the first with the provisions of paragraph 31.3.
contract price adjustment on the different views
31.3 If the Contractor and the Engineer are unable to agree on the contract price adjustment comments should be stated in the table according to the price adjustment rate determined.
price list, if not directly included in the rates applicable to the specific work, the Engineer shall determine the price table that reflects the appropriate rate of price level .
when the price mentioned in the table does not include rates, the amount should be appropriate for all situations and should give due consideration to increase or decrease due to changes in the contractor's management fee.
Contractor shall also have the right to receive the following payments:
(a) leaving part of the implementation of such change becomes useless and result in project costs;
(b) have already been made or are made necessary changes in the cost of equipment, or doing any but such change must be carried out to change the cost of the work;
(c) the schedule detailed in the progress of the project is destroyed, any additional costs incurred by the contractor;
(d) result in a result of such changes Contractor the actual impact of the financial costs, including interest.
engineers should be determined on the basis of rates or prices in order to make partial payments can be included in the payment certificate.
contractor started
31.4 Upon receipt of the change order, the Contractor shall immediately make changes, and changes in the implementation process bound to accept the contract terms, as such changes have been in the contract.
completion period or extension is granted under paragraph 31.3 adjust the contract price before the work without delay.
cost records
31.5 In any case, when instruct the Contractor in determining the price adjustment of the contract before the change, the Contractor shall make changes to the cost of maintaining records and the time spent record. at all reasonable period of time, such records shall be available for inspection engineers.
first part of the general conditions of ownership of the equipment
32.1
ownership of the equipment the equipment provided under the contract should be in the following the earlier of the time become the owner of the property:
(a) When the equipment delivered on site;
(b) When under the provisions of paragraph 24.2 the Contractor is entitled to payment prices of equipment. The first part of the General Conditions
certificate and payment of the payment terms
33.1
terms of payment should be in the preamble.
way to apply the second part
33.2 Unless otherwise specified, the Contractor shall between the engineer for payment the following methods:
(a) the progress of the project, the Engineer may require such value of the work has been completed certification materials;
(b) For transportation to the site and in the way engineering equipment, engineering equipment and description of the submission of such shipment, freight and insurance costs of materials and engineers may need proof of such other documents;
(c) under section 34 of the additional payment.
any other payment applications should be the amount required on the application and the details about.

33.3 Payment Certificate issued by the contractor have the right to receive payment within 14 days after application, engineers, owners should be awarded a copies of payment certificates; and indicate the amount to be paid, with a copy sent to the contractor.
the payment certificate, not the Final Payment Certificate shall not be withheld for the following reasons:
(a) does not affect the project using the kind of small defects;
(b) the application of any part of the disputed payments. In this case, the response to non-payment of disputed amounts awarded a certificate.
amendment to the certificate of payment engineers
33.4 certificate in any payment of any previous certificate of any necessary and appropriate amendments or changes.
pay
33.5 Unless otherwise provided in Part II, the owners pay every certificate from the date of 28 days, the headquarters of its business has proven to pay the contractor the amount.

33.6 If delay in payment shall be paid under section 33.5 of any amount has been delayed payment, the Contractor shall be entitled to delay period no interest payments. Unless otherwise provided in the second part, the interest per annum which shall be the contractor of the central bank's discount rate plus 3 percentage points. the contractor is entitled to such payment without formal notice, without prejudice to any other rights or remedies.
not issue a certificate or payment of compensation
33.7 the following cases, engineers, contractors and owners to give notice 14 days after the right to stop work: < br> (a) the contractor has not made proper application engineers, Payment Certificate issued;
(b) the provisions of this section fails to pay the owners. Since the shutdown and subsequent return to work due to the contractor's costs and profits should be added to the contract price.
In any case, when the contractor did not make proper application engineers, Payment Certificate issued, in the notice on the owners to the engineers and 28 days, the Contractor shall also have the right to terminate the contract.
use measurement and payment
33.8 provided in accordance with the quantity or the work done by any part of the project to pay for the provisions relating to the measurement should be described in Part II.

33.9 Final Payment Certificate Application in the defect liability certificate (if there are multiple defects liability certificate, it means the last Defects Liability Certificate) within 28 days after issuance, Contractor shall apply for final payment certificate.
to apply for the Final Payment Certificate should be accompanied by a were prepared by the contractor the final statements. The detailed description of the final statements should provide the value of all construction equipment and the work done under the contract, but should also indicate:
(a) the agreed price of this contract Class change;
(b) the Contractor may think they are entitled to all the requirements of the additional money.
Final Payment Certificate issued by the
33.10 receipt issued under section 33.9 shall, within 28 days after application engineers Final Payment Certificate issued to owners, with a copy sent to the contractor.
Section 33.9 If the Contractor fails to apply within the time specified in paragraph Final Payment Certificate, the Engineer shall require the contractor to the next 28 days application within the time limit, if the Contractor fails to make such an application, the Engineer shall correct the amount he thinks the final payment certificate issued.
certainty Final Payment Certificate
33.11 Final Payment Certificate should be the project meets the contract requirements and Contractor under the contract have fulfilled its obligations when the project proves the value of certainty.
certificate issued to pay the final amount paid is that the owners should be performed under the contract have the certainty of its obligation to prove.
in the following cases, the final payment certificate or to pay should not be deterministic:
(a) involve or affect anything mentioned in the certificate of existence when the deception or dishonesty;
(b) the final payment certificate before the expiry of 84 days after any party to arbitration under the contract or have already begun to court.
first part of the general conditions of the claim
program
34.1 When the Contractor under the terms of the contract appears that he has the right to claim any additional payment, the Contractor shall:
(a) if he intends to claim any additional payment, in that the situation within 28 days after notice to the Engineer of its intention to claim and explain the reasons for the claim; < br> (b) After notice is given in this reasonably practicable, as soon as possible to the engineers to submit their claim for full and detailed materials. unless otherwise agreed by engineers, claims the material submitted after notification of the claim shall not exceed 182 days. In any case, such claim that the submissions no later than the Final Payment Certificate application. then the Contractor shall immediately submit to the Engineer In order to evaluate the reasonableness of the claim may reasonably require further detailed information.
assessment
34.2 Contractor when the Engineer has received shall be submitted under section 34.1 of the claims of all and detailed material and he may reasonably require further details of such materials, in appropriate consultation with the owner and contractor, he shall determine whether the contractor is entitled to additional payments, and notify the relevant parties accordingly.
engineers dismissed does not comply with the provisions of paragraph 34.1 requires additional payment of any claims.
first part of the general conditions of foreign currency and foreign currency exchange rates
paid in foreign currency to pay
35.1 should be handled in accordance with the provisions of the preamble.
currency restrictions
35.2 owners should be on the following conditions of compensation for any losses caused by the Contractor:
(a) currency restrictions;
(b) the payment of contractors currency when the currency exchange restrictions, such restrictions make any payment under the contract by the country where the government or government authority to enforce.
this subsection applies only to projects submitted tenders before the deadline of 28 days after the implementation of the restrictions.
rate
35.3 If the contract require the use of foreign currency to pay, for the purposes of the Contract currency exchange rate to be determined, and should the exchange rate specified in the preamble.
if such rate is not stated in the preamble, the the exchange rate should be based on bids for the project 28 days prior to the deadline day, or 28 days from the day of the recent announcement by all the country's central bank sold the currency exchange rate of the country.
first part of the general conditions of a provisional sum
provisional sum, a tentative use of
36.1 the right amount of instruction in accordance with all or part of engineers to use.
the total amount paid to the contractor shall consist only in accordance with the instructions of the engineers and the tentative amount of related work, the type of supply or the amount of services.
indicates the amount of work with a tentative
36.2 For each Provisional Sum, the Engineer in consultation with owners and contractors appropriate, may direct:
(a) contractor commercial implementation, including the provision of goods, materials or services. The value of such work to implement Article 31 shall be determined and paid in accordance with section 33 to the contractor;
(b) the contractor to purchase goods and materials, this the provisions of paragraph 36.4 shall be paid first.
invoices and receipts
36.3 When required by the Engineer, the Contractor shall show the amount of expenditure reflects the tentative quotations, invoices, vouchers and accounts or receipts.
to pay a provisional amount of the implementation of
36.4 all the work for the contractor or contractors under section 36.2 (b), to provide or purchase of goods, materials or services, the amount paid to the Contractor shall include:
( a) Contractor has paid or payable, the actual price;
(b) paid or payable as a percentage of the actual prices (for all other fees and profits). This percentage should be set forth in the preamble percentage.
first part of the general conditions of risk and responsibility sharing of risk and responsibility

37.1 for the performance of the contract caused by the loss of or damage to physical property and personal injury and other risks, owners and contractors should share the following < br> (a) the owners: In accordance with section 3 ...

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