Appendix A
1.1.3.4 Defect Notification Period (365 Days) 8.3 Time Program 8.4 EOT Completion 8.7 Delay Penalties (Max. 10% of the contract amount)
- Each day 0.1% of the contract amount
The Period after completion when the Time Schedule within 21 Days from the Allow s contractor to Claim additional Time for
contractor is responsible for fixing defects at commencement date unforeseen delay beyond their contract. The total amount of the Penalties due under Sub-
their own cost.
Sub –Clause: 2.4 Sub –Clause: 8.4.2 Clause 8.7.1 or Sub-Clause 8.7.2 shall not exceed the
Sub –Clause: 11.1 Sub –Clause: 8.7 Sub –Clause: 22.1 Maximum amount of delay penalties (if any) stated in
Sub –Clause: 11.3 Sub –Clause: 13.3 Sub –Clause: 10.1 Appendix A to the Contract Agreement.
Sub –Clause: 10.1 Sub –Clause: 13.3
S C 1 Thus, for example, if 70 percent of the works are
certified as complete by the project Engineer as at the
completion date, then a penalty for delay may only
13.4.1 b (Provisional Sum - % to be added for apply to the outstanding 30 percent.
Overhead & Profit) - 5% of the Actual Amount
12.1 Estimated Quantities 14.2.1 Advance Payment – 10 % of the Sub –Clause: 8.2
Clause: 5 contract amount except contingencies Sub –Clause: 2.4
Sub –Clause: 8.3
Sub –Clause: 14.3
12.2 Actual & Correct Quantities Sub –Clause: 14.2
14.3.2. C- Limit of Retention Money
Sub –Clause: 13.1 Clause: 15
Sub –Clause: 13.4 -5% of Contract Value Clause: 16
-2.5% of Handing Over 14.2.4 Repayment amortization of Advance Payment
-2.5% of Issuance of Performance Certificate
- (10%) of the Total Value of completed works in
14.3.2. C- % of Retention the Interim Payment Certificate.
14.5.1. C- Plant and Materials for payment when -
10% of the Total Payment certificate
14.5.1. b- Plant and Materials for payment when delivered to the Site The advance payment shall be repaid through percentage
shipped en route to the Site deductions in Payment Certificates. Unless other percentages
Sub –Clause: 4.21
- (80%) of the Value of the Materials upon are stated in Appendix A to Contract Agreement,
Sub –Clause: 13.6
- Not Applicable Engineer’s Determination. deductions shall be made at the amortisation rate of
Sub –Clause: 14.2.
- ten (10%) percent of the amount of each Payment Certificate
Sub –Clause: 14.5
-are described in a clean shipped bill of lading or Sub –Clause: 14.5.2.b (excluding the advance payment and deductions and
other evidence of shipment, which has been Sub –Clause: 14.5.2.C repayments of retention) until such time as the advance
Clause: 22
submitted to the Engineer together with payment has been repaid.
evidence of payment of freight and insurance, any
other documents reasonably required, and a bank
guarantee in a form and issued by a bank registered 14.9.1. Interest Rate - Not Applicable
in the Sultanate of Oman, in amounts equal to
14.6.2. Minimum amount of Interim Payment the amount due under this Sub-Clause: this If the Contractor does not receive payment in accordance
14.11.1. Cash flow
Certificates guarantee may be in a similar form to the form with Sub-Clause 14.7 [Payment], the Contractor shall be
referred to in Sub-Clause 14.2 [Advanced Payments] entitled to receive interest on the amount unpaid during the
The percentage per year set out in Appendix A to the Contract
However, prior to issuing the Taking-Over and shall be valid until the Plant and Materials are period of delay at the rate stated in Appendix A to the
properly stored on Site and protected against loss, Agreement shall be the maximum amount paid to the Contractor for the
Certificate for the Works, the Engineer shall not Contract Agreement. This period shall be deemed to
Works for each year. Actual payments shall be limited to the planned
be bound to issue an Interim Payment damage or deterioration; commence on the last day for payment specified in Sub-
cash flow or the value of actual work done whichever is lower i.e. the
Certificate in an amount which would (after Clause 14.7 irrespective (in the case of its sub-paragraph (b))
payment shall be less if less work is performed. However, the
retention and other deductions) be less than of the date on which any Interim Payment Certificate is
Contractor shall not be paid more in one (1) year than the limit of the
the minimum amount of Interim Payment issued. cash flow if the value of the work done exceeds the funds budgeted for
Certificates (if any) stated in Appendix A to the
in the year and any balance from previous years. Any payments deferred
Contract Agreement. In this event, the Engineer
due to the operation of this Sub-Clause will not attract interest in
shall give notice to the Contractor accordingly.
accordance with Sub-Clause 14.9 [Delayed Payment].
20.2. Insurance Value of Works and Contractor’s Equipment
- Full reinstatement cost for the Works and full replacement value of
equipment as certified by the Engineer.
20.2.4.d - Maximum amount of deductibles for insurance
20.1.4. Period of Insurance Submission
Sub –Clause: 20.1.4 a against Employer’s risks 22.4 Final Settlement of Disputes:
Sub –Clause: 19.3 - As per Insurance Policy -Arbitration
a. Evidence of insurance – 7 days from Engineer’s Order to Commence.
b. Relevant policies – 14 days engineer’s Order to commence Sub –Clause: 19.3.1
Sub –Clause: 14.5 20.3.2 limit per occurrence of not less than Sub –Clause: 22.1.11
- Comprehensive All Risk Policy Workmen Compensation
Sub –Clause: 2.4 - As per Insurance Policy Sub –Clause: 22.1.12
Sub –Clause: 20.2 Sub –Clause: 20.1 Sub –Clause: 2.4
Sub –Clause: 20.3 Clause: 11 Sub –Clause: 22.1,22.2
By Abdul Rahman