191
When Monthly Certificates to be
Given, and Money
Paid.
Retention Sum.
Application of Retention Sum.
Completion Certificate.
Final Certificate.
72.
12
Each monthly Certificate of the Engineer shall, except in cases of unavoidable delay, be given within the first seven days of each month, and the money payable thereon or so much thereof as the Contractors shall desire, shall (subject to any deductions authorised by this Contract) be paid to the Contractors by the Government in the Colony within seven days next after the delivery to the Colonial Secretary of a Certificate signed by the Engineer recommending the said payment. The balance (if any) payable on each such Certificate shall (subject to such deductions as aforesaid) be paid to the Contractors by the Crown Agents in London within seven days next after delivery to them of the Certificate endorsed with an official memorandum of the amount of any payment made on account thereof by the Government in the Colony.
73. As a security for the due performance of this Contract, a sum equal to 10 per centum of every amount payable under Clause 63 hereof and of every Certificate given under Clause 72 hereof, will be deducted therefrom. These deductions will be retained by way of a guarantee for the due performance of this Contract by the Contractors. Subject to the provisions of this Contract one half of this Retention Sum shall be paid or transferred to the Contractors so soon as may reasonably be possible after the production by them to the Crown Agents of a Certificate (hereinafter called the Completion Certificate") signed by the Director to the effect that the whole of the Works have been completed according to this Contract, and that the Contractors have performed all the other obligations imposed on them by this Contract and which ought to be performed by them down to the date of such Certificate.
74. The Retention Sum and any other portion of the Contract Sum for the time being unpaid, or any part or parts thereof respectively may be applied by the Government at their discretion in all or any of the following ways (and either during the construction of the Works or at any time before the issue of the Final Certificate hereinafter referred to) that is to say, in or towards making good any defect or unsoundness which shall be certified by the Engineer to exist in the Works or any part thereof, or in the materials used in the formation and construction thereof and provided by the Contractors, or which being provided by the Government shall, while in the custody of the Contractors, be damaged or rendered imperfect or in or towards making good in any manner the Government may think fit, any breach by the Contractors of any of the obligations imposed on them by this Contract, or in or towards the satisfaction of any damages or other moneys payable by the Contractors to the Government under this Contract; provided that nothing contained in this clause shall prejudice any of the other rights or remedies of the Government or the Crown Agents in respect of any breach of this Contract.
75. As and when the whole of the Works shall have been completed to the satisfaction of the Director and in accordance with this Contract, he shall give to the Contractors a certificate (herein referred to as the Completion Certificate), and thereupon the Government shall take over the same: PROVIDED ALWAYS that the Director shall in his discretion be at liberty from time to time to certify that a part of the Works has been completed to his satisfaction and in accordance with this Contract and thereupon the Government shall take over that part of the Works included in any such Certificate.
76. The Contract shall not be considered as completed until a certificate herein referred to as the Final Certificate shall have been signed by the Director at least six months after the date of the Completion Certificate, notwithstanding any previous entry upon the Works or taking possession, working or using any part thereof by the Government. As soon as possible after the production by the Contractors to the Crown Agents of the Final Certificate the Crown Agents shall pay to the Contractors such balance of the retention money (if any) as shall be shown by such Final Certificate to be due to the Contractors having regard to the preceding provisions of this Contract, or in the event of the Director certifying that at the date of the Final Certificate there is a balance due from the Contractors to the Government, the sum so certified shall be payable on demand by the Contractors to the Government accordingly.
Page 190Page 191