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Date Posted: 10:46:37 10/23/06 Mon
Author: 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk
Subject: 淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk
In reply to: 何焯華條賓周+歡迎炸佢: jameslam@hkpro.com.hk 's message, "淨屌何焯華條仆街呢+歡迎炸佢: nancychow@hkpro.com.hk" on 10:34:40 10/23/06 Mon

b) If the Main Contractor shall find any divergence between the statutory requirements and all or any of the documents referred to in Clauses 3(2), 3(3) and 3(8) of these Conditions or any instruction issued in accordance with Clause 11 (1) of these Conditions, he shall immediately give to the Architect a written notice specifying the divergence.

c) If the Main Contractor give notice under paragraph (b) of this sub-clause or if the Architect shall otherwise discover or receive notice of a divergence between the statutory requirements and all or any of
the documents referred to in Clauses 3(2), 3(3) and 3(8) of these Conditions or any instruction issued in accordance with Clause 11 (1) of these Conditions the Architect shall within 7 days of the discovery or receipt of the notice issue instructions in relation to the divergence. If and in so far as the instructions require the Works to be varied, they shall be deemed to be Architect's instructions issued in accordance with Clause 11 (1) of these Conditions

d) (i) If any, emergency compliance with paragraph
(a) of this sub-clause requires the Main Contractor to supply material and/or execute work before receiving instructions under paragraph (c) of this sub-clause the Main Contractor shall supply such limited work as are reasonably necessary to secure immediate compliance with the statutory requirements.

(ii) The Main Contractor shall forthwith inform the Architect of the emergency and of the steps that he is taking under this paragraph.

(iii) Work executed and materials supplied by the Main Contractor under sub-paragraph (i) of this paragraph (d) shall be deemed to have been executed and supplied pursuant to an Architect's instruction in accordance with Clause 11 (1) of these Conditions provided that the emergency arose because of a divergence between the statutory requirements and all or any of the documents referred to in Clauses 3(2), 3(3) and 3(8) of these Conditions or any instruction issued in accordance with Clause 11 (1) of these Conditions, and the Main Contractor has complied with sub-paragraph (ii) hereof



Materials, Goods and Workmanship to Conform to Description, Testing and inspection


e) Provided that if the Main Contractor complies with paragraph (b) of this sub-clause, the Main Contractor shall not be liable to the Employer under this Contract if the Works do not comply with the statutory requirements where and to be extent that such non-compliance of the Works results from the Main Contract having carried out work in accordance with the documents referred to in clauses 3(2), 3(3) and 3(8) of these Conditions or any Architect's instruction issued in accordance with clause 11 (1) of these Conditions.


Replace the whole of sub-clause 6(1) of the General Conditions of Contract by the following: -

All materials and workmanship shall be of the respective character , quality or kind required by the accordance with the instructions and to the satisfaction of the Architect, and shall be subjected to such inspections or tests as the Contract shall required or as ordered by the Architect.

2) Add the following immediately after sub-clause 6(2) of the
General Conditions of Contract: -

No work shall be covered up or made unavailable for testing or examination be the Main Contractor without the approval of the Architect and the Main Contractor shall afford full opportunity for the Architect to examine any work which is about to be covered up or made unavailable.

The Main Contractor shall give due notice to the Architect whenever any such work is ready or about to be ready for examination and the Architect will without unreasonable delay attend for the purpose of examining such work unless he considers it unnecessary in which case he shall advise the Main Contractor accordingly.

The Main Contractor shall notify the Architect in writing before work is covered up and give him at least 2 full office working days' notice to inspect it.Unless the Main
Contractor does so, no charge shall be incurred by the Employer for opening up, testing and making good nor nay extension of time be granted in this respect

(3) Replace the whole of sub-clause 6(4) of the General
Conditions of Contract by the following : -

The Architect may issue instructions in regard to the removal from the site of any work I materials or goods which, in his opinion, are not in accordance with this Contract. Failure of the Architect to disapprove any work, materials or goods which are not in accordance with this Contracts shall not prejudice the power of the Architect subsequently to instruct the removal from the site of such work, materials or goods.


Variations, Provisional and Prime Cost Sums

SC-6

(1 )

It is expressly agreed that the following is added at the end of sub-clause 11 (2) of the General Conditions of Contract:

Provided always that any proposal made by the Main Contractor and approved by the Architect shall not be deemed to be a 'variation' unless the Architect confirms in writing that such proposal shall be issued by him as a 'variation’

(2) Add the following immediately after sub-clause 11 (3) of the
General Conditions of Contract: -

No adjustment will be made to or in respect of any sum allowed by the Main Contractor for attendance to the Prime Cost Sum on account of the said actual amount being greater or less than the Prime Cost Sum. In respect of profit the sum paid shall be the product of the percent quoted by the Main Contractor in the Contract Bill and the actual sum expended in relation to the Prime Cost Sum.

(3) Add the words “ in the opinion of the Architect" immediately
after the word “ Where" at the beginning of Clause 刊 (4)(c) of the General Conditions of Contract.

(4) Replace the whole of sub-clause 11 (4)(c)(ii) of the General
Conditions of Contract by the following : -

Where no such rates have been inserted for labour, at the rates given in the Schedule of Average Daily Wages of Workers Engaged in Government Building and Construction Projects compiled by the Wages and Labour Cost Statistics Section of the Census and Statistics Department of the Hong Kong Government current at the date the Work is carried out

(5) Add the following as sub-clause (4)(c)(iv) to Clause 11 of
the General Conditions of Contract:

(iv) Where constructional plant are specially provided for work valued under sub-clause 11 (4)(c ) of these Conditions such constructional plant shall be valued at cost of hiring plus the cost of transportation, fuel, maintenance and insurance with an addition of fifteen per cent (15%) for overheads and profits.

(6) For the purpose of making a fair valuation under Clause
11(4)(b) of the General Conditions of Contract, the Main Contractor shall submit unit rates together with breakdowns for the approval of the Architect and Quantity Surveyor. Such unit rates shall be deemed to include the nett cost for labour , plant and material plus the cost of packing, carriage and delivery with an addition of fifteen per cent (15%) for establishment and overhead charges, site expenses and profit.

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