Robert Malcolm & AssociatesQuantity Surveyors
 

 CONDITIONS OF CONTRACT AGREEMENT: [ ]


1. EXECUTION OF CONTRACT WORKS
The Contractor is deemed to have full knowledge of the relevant provisions of the Jamaican form of Contract and undertakes to execute the Contract Works in accordance with such provisions in a manner appropriate to the trade and in accordance with the required specification as directed by the Project Manager or his representative. The Contractor shall keep a competent supervisor on Site at all times.

2. SITE FACILITIES
The Contractor may, at his own risk, use any standing scaffold or ladders already in position and also any designated welfare facilities on Site.

3. INSURANCES
The Contractor shall provide all insurance as detailed on the separate Certificate of Insurance.
In respect of all incidents being the responsibility of the Contractor the Contractor shall be liable for the indemnification of all consequent claims and / or settlements which fall or are deemed to fall outside the insurances effected by the Owner and / or below the respective deductibles applicable under the policies effected by the Owner.
The Contractor shall be deemed to have full knowledge of the policies of insurance effected by the Owner and the Contractor shall be responsible for any other insurances required either by statue or by the Contractor.

4. VARIATIONS
The Contractor shall not make any variations to the Contractor Works unless authorized in writing by the Owner.
The value of all authorized variations shall be ascertained by reference to the rates and prices specified in this Contract. Where such rates and prices are not applicable then the value shall be such as is fair and reasonable in all the circumstances.

5. COMMENCEMENT AND COMPLETION
The Contractor shall commence the Works as directed by the Owner and shall thereafter proceed with the same with due diligence and without delay, except such as may be sanctioned or ordered by the Owner and shall complete the Works within the period(s) reasonably required by the Owner.

6. DEFAULT
Any loss or expense incurred by the Owner which is attributable to the failure of the Contractor to perform the works in accordance with the Contract shall be charged to the Contractor.

7. CANCELLATION
The Owner reserves the right to cancel this Contract at any time. In the event of such cancellation the Contractor shall be entitled to payment only for work properly executed (less sums already paid) and shall have no entitlement to any other payment or compensation by reason of such cancellation.

8. STATUTORY AND OTHER OBLIGATIONS
The Contractor shall comply with all statutory and other obligations and shall provide documents and information as may be reasonably required by the Owner.

9. PAYMENTS
Payments will be made at fortnightly intervals or as otherwise advised by the Project Manager.

10. RETENTION
Subject always to the Owner's rights under Clause 6 hereof

  • Retention held for the correction of defects ("Works" retention) will be released at the end of the maintenance period (normally 3 months).
  • Retention held and will be released three (3) Months days after the completion of the Contract Works or as otherwise agreed.


11. MATERIALS
The Contractor shall be deemed to be responsible for materials.

12. LABOUR
The Contractor shall submit to the Owner the names and addresses of all operatives he proposes to employ on the Site.

13. ASSIGNMENT OR SUB-LETTING
The Contractor shall not assign or sub-let the Contract Works or any part thereof without the express permission of the Owner.

14. SITE CONDITIONS ETC
The Contractor shall observe all the Owner’s Site regulations and working hours.

15. QUALITY CONTROL
The Contractor shall adhere to all Site quality control procedures.


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