189
Contract Sum
to be paid to the Contractors.
Payment for Materials shipped from Europe.
Deviations, Alterations, etc. in the Materials.
Deviations, Alterations and Additions to the Works.
Claims for ExLra Work, or for Deductions.
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62. Subject to the provisions of this Contract, the Government shall pay to the Contractors for the completion of the Works in accordance with this Contract and for the performance by the Contractors of all the other obligations imposed on them by this Contract in connection with the Works, the sum of £
called in this Contract "the Contract Sum." The Contract Sum shall be subject to such increases or reductions as ought to be made therein, in accordance with the provisions of this Contract, and shall be paid by the instalments and in the manner hereinafter mentioned.
63. When any materials or things manufactured or derived from any country other than the Colony for the purpose of this Contract (but not including Contractors" plant or temporary materials) have been actually shipped, payment will be made for the same equal to their f.o.b. value, subject to any reductions or retentions to which the Contractors may be or become liable under this Contract, to the Contractors within reasonable time after clear shipping documents or certified copies thereof have been received by the Crown Agents, provided that the Inspector shall have given his Certificate that the work has been completed to his entire satisfaction, and provided that the policies of marine insurance required under Clause 15 of this Contract shall have been delivered to the Crown Agents.
64. The Contractors shall not in any way alter any of the materials to be used on the Works without the previous written consent of the Engineer, but the Engineer may from time to time and at any time direct in writing any deviations, alterations, additions or omissions to be made from, in or to the materials or any part thereof, and any deviations, alterations, additions or omissions made in pursuance thereof shall not vitiate this Contract, and any deviation so directed to be made, shall be made to the satisfaction of the Engineer in the same manner as if such materials had been originally included in, or omitted from, the Specification and Schedule of Prices, except that the value of the same, whether by way of addition or deduction, shall be estimated by the Engineer according to the Schedule of Prices, and the amount so estimated shall be added to or deducted from the Contract Sum as the case may be.
65. The Contractors shall not in any way alter any of the Works without the previous written consent of the Engineer, but the Engineer may from time to time and at any time during the progress of the Works by any writing under his hand direct any deviations, alterations or additions to be made from, in or to the Works or any part thereof, or may direct the Contractors to curtail or omit any of the Works or to execute any new or substituted work, or to commence or execute the Works or any part thereof in such order and manner as he shall think fit, and any such directions of the Engineer and any deviations, alterations, additions and omissions made in pursuance thereof shall not vitiate this Contract, or be made the ground for any claim for compensation for alleged loss of profit in respect of omitted Works, or (except as hereinafter provided) for extra payment for additional Works, and any Works so directed to be executed shall be executed, and any work so directed to be omitted shall be omitted, and any deviation so directed to be made shall be made to the satisfaction of the Engineer in the same manner (as nearly as the circumstances shall admit) as if such Works had been originally included in or omitted from the Specification, except that the value of the same, whether by way of addition or deduction, shall be estimated by the Engineer according to the Schedule of Prices, and the amount so estimated shall be added to or deducted from the Contract Sum as the case may be. The Contractors shall not, however, on account of any such modified, new or extra Works executed by or for the Government be entitled to claim relief from the obligation to execute other Works.
66. The Government shal not be responsible for the payment of any claim for extras not included in, nor shall it be entitled to claim any deduction from, the Contract Sum in respect of any changes or alterations in the materials employed or in the Works under the last two preceding clauses unless the same shall have been ordered or sanctioned (as the case may be) in writing by the Engineer. And in the event of any dispute arising either as to the validity of the claim or as to the amount to be paid or allowed in respect thereof, the decision of the Engineer shall be final and binding on all parties, and in the meantime the Contractors shall either proceed
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with the work in question or suspend the same, as may be determined by the Engineer and no payments due or payable by the Government or the Crown Agents, as the case may be, shall be withheld on account of such dispute.
67. All extra Works of every description which shall be executed in pursuance Measurement of
of any of the provisions of this Contract shall be measured up neat, and shall be Extra Works. paid for according to the actual quantities ascertained by such measurements and the prices inserted in the Schedule of Prices and so that such prices shall include all such operations and accessories as appear by the said Schedule of Prices or Specification to be, or shall in the opinion of the Engineer be, contingencies upon the works mentioned in such Schedule of Prices, or be required to make such works perfect and fit for use: Provided also that if any work shall be ordered by the Engineer and executed by the Contractors for the payment of which no provision shall, in the opinion of the Engineer, be made in the Schedule of Prices or the Specification, the Engineer shall fix and determine such prices for the same as may in his judgment appear to accord generally with the prices in the Schedule of Prices, such allowance being made as may seem to the Engineer sufficient for any difference in the character or conditions of the work.
68 No extra work shall be executed as day work unless it shall, in the opinion work executed by
of the Engineer, be impracticable or unreasonable to determine the value thereof Day Labour. by measurement. In all cases in which extra work has been executed by order of the Engineer as day work, the value shall be ascertained by the net cost of labour and materials as paid by the Contractors with an allowance of 20 per cent. added for profit, use of tools, plant, wages of foreman, gangers, etc, and for the purpose of determining the value of such work, time sheets, vouchers and receipts must be produced and lodged with each claim if required by the Engineer.
69 Subject to the provisions of this Contract, the Government shall pay to Payment for the Contractors for the performance by the Contractors of all the other obligations Extra Work. imposed on them by this Contract and not included in the Contract Sum, such a sum as shall be ascertained and fixed by the Engineer and such sum shail (as nearly as in the opinion of the Engineer the circumstances will admit) be paid at such times, by such instalments, and in such manner as shall correspond with the times, instalments, and manner herein prescribed for payment of the Contract Sum.
70. Within the first week of every calendar month the Engineer, jointly Progress Measure.
ments of Works with the Contractors or their duly authorised agent, shall prepare a progress Executed to be measurement of the work done and a return of the materials provided and used made and Certifi by the Contractors for the purposes of the Works during the preceding month, cates given by and the Engineer shall prepare an estimate based on the Schedule of Prices of the Engineer. value of the work executed and materials provided and used during that month as appearing from such progress measurement and return, and shall certify under his hand the amount of such estimated value. Net measurements only will he allowed, and in estimating the value of materials provided and used which shall have been shipped from Europe the sums paid to the Contractors upon shipment under the provisions of Clause 63 hereof shall be taken into account and allowed for.
Provisional and
71. Every Certificate for payment on account for work, materials, or things, Certificates to be whether in England or the Colony shall be regarded as only provisional and approxi- Subject to mate, and all payments made on such Certificates shall be regarded as being open Correction. payments and shall respectively be subject to revision and settlement by the Engineer, and in the event of his deciding that from any circumstances the measurements of Works executed, returns of materials provided and used, or the estimates of value previously made did not truly represent the portion of Works executed and materials provided and used having reference to the amount of the Contract Sum and the work remaining to be executed by the Contractors the Engineer shall have power from time to time to correct the total results by adding thereto or deducting therefrom such sum as, after communication with the Contractors or their duly authorised agent, the Engineer may deem to be just, and such addition or deduction shall be credited or debited (as the case may be) to the Contractors at such time or times as the Engineer may think fit.
190