STANDARD DOCUMENTS FOR BUILDING AND CIVIL ENGINEERING WORKS

Page 5.0

STANDARD CONDITIONS OF CONTRACT
TABLE OF CONTENTS
DEFINITIONS AND INTERPRETATION
CLAUSE
1
(1)

Definitions

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Page
5.8

(2)
(3)

Singular and Plural
Marginal Notes

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5.10
5.10

(4)

Cost

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5.10

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5.11
5.11

ENGINEER AND ENGINEER‟S REPRESENTATIVE
2

(1)
(2)

Duties and Powers of Engineer
Duties and Powers of Engineer‟s Representative

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ASSIGNMENT AND SUB-LETTING
3

Assignment

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5.12

4

Sub-letting

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5.12

CONTRACT DOCUMENTS
5
6

(1)
(2)
(1)
(2)
(3)

Language and Law
Documents Mutually Explanatory
Custody of Drawings and Specification
One copy of Drawings and Specification to be kept on site
Disruption of Progress

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5.12
5.12
5.12
5.12
5.12

(4)

Delays and cost of delay of Drawings
Further Drawings and Instructions

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5.13
5.13

7

GENERAL OBLIGATION
8

Contractor‟s General Responsibilities

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5.13

9
10

Form of Agreement
Performance Bond of Guarantee

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5.13
5.13

11
12

(1)

Inspection of Site
Sufficiency of Tender

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5.14
5.14

(2)
(3)

Errors in Computing Tender
Adverse Physical Conditions and Artificial Obstructions

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5.14
5.14

Work to be to the Satisfaction of Engineer

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5.15

13

Page 5.1

Page 5.2

STANDARD CONDITIONS - Continued
CLAUSE
14
15
16
17
(1)
(2)
18
19
20

(1)
(2)
(3)
(4)

21
22

Detailed Programme to be furnished
Contractor‟s Superintendence
Contractor‟s Employees
Setting Out
Notice
Boreholes and Exploratory Excavation

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Page
5.15
5.15
5.16
5.16
5.17
5.17

Safety and Security
Care of Works

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5.17
5.17

Responsibility for Reinstatement
Excepted Risks
Reinstatement and Compensation for Damage to Persons or
Property

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5.17
5.18
5.18

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5.18
5.19

(1)

Insurance of Works, etc.
Damage to Persons and Property

(2)
(3)

Indemnity by Employer
Members of Employees staff, etc. not Personally liable

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5.20
5.20

(1)
(2)
(3)
(1)
(2)

Third Party Insurance
Minimum Amount of Third Party Insurance
Provision to Indemnify Employer
Accident or Injury to Workmen
Insurance against Accident, etc. to Workmen

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5.20
5.20
5.20
5.21
5.21

(1)
(2)

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26

Notification by Contractor
Remedy on Contractor‟s Failure to Insure
Compliance with Laws, Rules and Regulations

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5.21
5.21
5.21

27
28
29

Fossils, etc.
Patent Rights and Royalties
Interference with Traffic and Adjoining Properties

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5.22
5.22
5.22

Extraordinary Traffic
Special Loads
Settlement of Extraordinary Traffic Claims
Waterborne Traffic

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5.22
5.22
5.23
5.23

Opportunities for the Contractors
Contractor to Keep Site Clear

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5.23
5.23

23

24
25

30

31
32

(1)
(2)
(3)
(4)

Page 5.3

STANDARD CONDITIONS - Continued
CLAUSE
33

Clearance of Site on Completion

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Page
5.23

LABOUR
34

(1)
(2)
(3)

Engagement of Labour
Supply of Water
Alcoholic Liquor or Drugs

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5.24
5.24
5.24

(4)
(5)

Arms and Ammunition
Festivals and Religious Customs

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5.24
5.24

(6)
(7)
(8)

Epidemics
Disorderly Conduct etc
Observance by sub-Contractors
Reutrns of Labour, etc.
MATERIALS AND WORKMANSHIP

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5.24
5.24
5.24
5.24

(1)

Quality of Materials and Workmanship and Tests

5.25

(a) (b)Conditions of Purchase of Machinery Materials and
Equipment

5.25

35

36

36

37
38
39
40

(2)
(3)
(4)
(5)
(1)
(2)
(1)
(2)
(1)
(2)

Tests of Quality
Cost of Samples
Cost Tests
Cost of Tests not provided for etc.
Inspection of Operations
Examination of Work before Covering up
Uncovering and Making Openings
Removal of Improper Work and Materials
Default of Contractor in Compliance
Suspension of Work
Suspension Lasting more than 90 days

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5.25
5.25
5.25
5.25
5.26
5.26
5.26
5.26
5.27
5.27
5.28

COMMENCEMENT TIME, PROCEDURES AND DELAYS
41
42

(1)

Commencement of Works
Possession of Site

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5.28
5.28

(2)
(3)

Way leaves, etc.
Use of Site

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5.29
5.29

Page 5.4

STANDARD CONDITIONS - Continued
CLAUSE
43
44
45
46
47
(1)
(2)
48
(1)
(2)

Time for completion
Extension of Time for Completion
No night or Friday Work
Rate of Progress
Penalties for Delay
Reduction of Penalties
Certification of Completion of Works

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Page
5.29
5.29
5.29
5.30
5.30
5.30
5.30

Certification of Completion by Stages

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5.31

Definition of Period of Maintenance
Execution of Work of Repair etc.,
Cost of Execution of Work of Repair. Etc.,
Remedy on Contractor‟s Failure to carry out work required

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5.31
5.31
5.32
5.13

Contractor to Search

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5.32

MAINTENANCE AND DEFECTS
49

(1)
(2)
(3)
(4)

50

ALTERATIONS, ADDITIONS AND OMISSIONS
51
52

53

(1)
(2)
(1)
(2)
(3)
(4)
(5)
(1)

Variation
Orders for Variations to be in Writing
Valuation of Variations
Power of engineer to Fix Rates
Variations Exceeding 10 per cent
Day works
Claims
Plant, etc. Definitions

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5.32
5.33
5.33
5.33
5.34
5.34
5.35
5.35

(2)
(3)

Vesting of Plant
Conditions and Hire of Plant

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5.36
5.36

(4)
(5)

Costs for purposes of Clause 63
Notification of Plant Ownership

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5.36
5.36

(6)
(7)

Hire and Hire Purchase Payments by Employer
Irrevocability of Plant, etc

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5.36
5.37

(8)
(9)

Revesting and Removal of Plant etc.,
Disposal of plant

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5.37
5.37

(10)

Liability or Loss or Injury to Plant

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5.37

Page 5.5

STANDARD CONDITIONS - Continued
CLAUSE
(11)
(12)
(13)
(14)
54

Incorporation of Clause in sub-Contracts
Port Dues

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Page
5.37
5.38

Re-export of plant
Customs Clearance
Approval of Materials, etc. not implied

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5.38
5.38
5.38

QUANTITIES
55

Estimated Quantities

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5.38

56
57

Actual and Correct Quantities
Method of Measurement

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5.40
5.40

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5.41
5.41
5.41

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5.41

PROVISIONAL SUMS
58

59

(1)
(2)
(3)

Definition of “Provisional Sum”
Use of provisional sums
Production of Vouchers, etc.

(1)

NOMINATED SUB-CONTRACTORS
Definition of “Nominated Sub-Contractors”

(2)

Nominated Sub-Contractors, Object to Nomination

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5.41

(3)

Design Requirements to be Expressly Stated

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5.42

(4)
(5)

Payments to Nominated Sub-Contractors
Certification of Payments to Nominated Sub-Contractors

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5.42
5.42

(6)

Assignment of Nominated Sub-Contractor‟s Obligations

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5.43

CERTIFICATES AND PAYMENT
60

(1)

Certificates and Payment

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5.43

(2)

Advance Payment Certificate

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5.43

(3)
(4)

Monthly Statements
Monthly Certificates

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5.44
5.44

(5)
(6)

Monthly Payments
Final Account

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5.45
5.45

(7)
(8)

Retention
Payment of Retention Money

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5.46
5.46

Page 5.6

STANDARD CONDITIONS - Continued
CLAUSE
(9)
(10)

61
62

Overdue Payment
Correction and Withholding of Certificates

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5.46
5.46

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5.46

(11)

Retention on Sub-Contractor‟s Account

(12)
(13)
(1)
(2)

Currency of Payment
Cash Flow
Approval only by Maintenance Certificate
Maintenance Certificate
Cessation of Employer‟s Liability

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5.47
5.47
5.47
5.47
5.47

(3)

Unfulfilled Obligations

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5.47

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5.48
5.49
5.49
5.49

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5.50
5.50
5.50
5.50

REMEDIES AND POWERS
63

(1)
(2)
(3)

64

Default of Contractor
Valuation at date of Forfeiture
Payment after Forfeiture
Urgent Repairs
SPECIAL RISKS

65

(1)
(2)
(3)
(4)

No Liability for War, etc. Risks
Damage to Works, etc., by special Risks
Project, Missile, etc.
Increased Costs Arising from Special Risks

(5)
(6)
(7)

Special Risks
Outbreak of War
Removal of Plant Termination

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5.50
5.51
5.51

(8)

Payment if Contract Terminated

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5.51

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5.52

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5.52

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5.53

FRUSTRATION
66

Payment in Event of frustration

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67

SEETLEMENT OF DSIPUTES
Settlement of Disputes - Arbitration
NOTICES

68

(1)

Service of Notices on Contractor
Page 5.7

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STANDARD CONDITIONS - Continued
CLAUSE
(2)

Service of Notices on Employer

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Page
5.53

(3)

Service of Notices on Engineer

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5.53

(4)

Change of Address

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5.53

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5.53

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5.54

DEFAULT OF EMPLOYER
69

Default of Employer
CHANGES IN COTS AND LEGISLATION

70

Variation of Price of Labour and Materials
MISCELLANEOUS

71
72
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Bribery and Corruption
Fire Precautions
Details to be Confidential
Photographs and Advertising
Radio Communication

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5.54
5.54
5.55
5.55
5.55

76

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5.55

77

Acquisition of Land for Quarries, Borrow Pits and for use by the Contractor
Maintenance of other Services and Structures

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5.55

78
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Spoil Dumps
Operating and Maintenance Instructions

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5.55
5.56

Page 5.8

STANDARD CONDITIONDS OF CONTRACT
DEFINITIONS AND INTERPRETATION

Definitions

1.

(1)

In the Contract, as hereinafter defined , the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires;-

(a) “Employer” means the Government of the Sultanate of Oman and the legal successors in title to the Employer who will employ the Contractor. The address of the Employer shall,
for
the
purpose
of
the
Contract,
be
deemed
to
be……………………………………………………………. …………………………………………………………………………….. (b)”Contractor” means the person or persons, firm or company whose tender had been accepted by the Employer and includes the Contractor‟s representatives, successors and permitted assigns.

(i) Name and full address in the Sultanate of Oman (including Company Registration Particulars).
……..…………………………………………………………………….. ……….………………………………………………………………….. ……….………………………………………………………………….. (ii) Registered address of Head Office(if different from above). …………………………………………………………………………….. …………………………………………………………………………….. ……………………………………………………………………………. (c‟) “Engineer” Means

……………………………………………………………………………. ……………………………………………………………………………. ……………………………………………………………………………. Or other person, persons or firm appointed from time to time by the Employer and notified in writing to the Contractor to act as the Engineer for the purposes of the Page 5.9

Contract in Place of the said Engineer.
(i) Full address in the Sultanate of Oman (including Registration Particulars) ……………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………… (ii) Registered Address of Head Office (if different from above) …………………………………………………………………… …………………………………………………………………… ……………………………………………………………………

(d)

“Engineer‟s Representative” means any assistant of the Engineer, appointed from time to time by the Employer or the Engineer to perform the duties set forth in Clause 2 hereof, whose authority shall be notified in writing to the Contractor by the Engineer.

(e)

“Works” shall include both Permanent Works and Temporary Works.

(f)

“Contract” means the Instructions to Tenderers, Standard Conditions of Contract, Specification, Drawings, prices Bill of Quantities, Schedule of Rate and Prices, if any Tender, Letter or Acceptance and the Form of Agreement.

(g)

“Contract Value” means the sum named in the Letter of Acceptance.

(h)

“Contract Price” means the Contract value, subject to such additions thereto or deductions therefrom as may be made under the provisions hereinafter contained.

(i)

“Constructional Plant” means all appliances or things of whatsoever nature required in or about the execution, completion or maintenance of the Works but does not include materials or other things intended to form or forming part of the Permanent Works.

Page 5.10

(j)

“Temporary Works” means all temporary works of every kind required in or about the execution, completion or maintenance of the Works

(k)

“Permanent Works” means the permanent works to be executed completed and maintained in accordance with the Contract.

(l)

“Specification” means the specification referred to in the Tender and any modification thereof or addition thereto as may from time to time be furnished or approved in writing by the engineer.

(m) “Drawings” means the drawings referred to in the Specification and any modification of such drawings approved in writing by the Engineer and such other drawings as may from time to time be furnished or approved in writing by the Engineer.

(n)

“Site” means the land and other places on, under, in or through which the Permanent Works or Temporary Works are to be executed and any other lands and places provided by the Employer for working space or any other purpose as may be specially designated in the Contract as forming part of the Site.

(o)

“Approved” means approved in writing, including subsequent written confirmation of previous verbal approval and “approval” means approval in writing, including as aforesaid.

(p)

“Letter of Acceptance” means a letter from the Employer (Ministry concerned), subject to Sultanate Decree No.48/76 as amended, accepting the final offer of the Contractor

(2)

Words importing the singular only also include the plural and vice versa where the context requires.

Marginal Notes

(3)

The marginal notes in these Conditions of Contract shall not be deemed to be part thereof or be taken into consideration in the interpretation or construction of the Contract.

Cost

(4)

The word “cost” shall be deemed to include overhead costs whether on or off the site.

Singular and
Plural

Page 5.11

ENGINEER AND ENGINEER‟S REPRESENTATIVE

Duties and Powers 2.
of Engineer

(1)

The Engineer shall carry out such duties in issuing decisions, certificates and orders as are specified in the Contract provided that before the issue of orders which either increase the Contract Price to an amount greater than the Contract Value or cause further increase in the Contract Price the Engineer shall have obtained the specific approval of the Employer as required by Sultani Decrees No. 48 of 1976 as amended unless such orders are issued pursuant to Clause 64 hereafter.

Duties and Powers
of
Engineer‟s
Representative

(2)

The Engineer‟s Representative shall be responsible to the Engineer and his duties are to watch and supervise the Works and to test and examine any materials to be used or workmanship employed in connection with the Works. He shall have no authority to relieve the Contractor of any of his duties or obligations under the Contract nor, except as expressly provided in Clause 64 hereafter or elsewhere in the Contract, to order any work involving delay or any extra payment by the Employer, nor to make any variation of or in the Works.

The Engineer may from time to time in writing delegate to the Engineer‟s Representative any of the powers and authorities vested in the Engineer and shall furnish to the Contractor and to the employer a copy of all such written delegations of powers and authorities.

Provided always as follows:(a) Failure of the Engineer‟s Representative to disapprove work or materials shall not prejudice the power of the Engineer thereafter to disapprove such work or materials and to order the pulling down, removal or breaking up thereof. (b) If the Contractor shall be dissatisfied by reason of any decision of the Engineer‟s Representative he shall be entitled to refer the matter to the Engineer, who shall thereupon confirm, reverse or vary such decision.

Any written instruction or approval given by the Engineer‟s Representative to the Contractor within the terms of such delegation, but not otherwise, shall bind the Contractor and the Employer as though it had been given by the Engineer.

Page 5.12

ASSIGNMENT AND SUB-LETTING

Assignment

3.

The Contractor shall not assign the Contractor or any part thereof, or any benefit or interest therein or thereunder, otherwise than by a charge in favor of the Contractor‟s bankers or any monies due or to become due under this Contract, without the prior written consent of the Employer.

Sub-letting

4.

The Contractor shall not sub-let the whole of the Works. Except where otherwise provided by the Contract, shall not sub-let any part of the Works without prior written consent of the Engineer, which shall not unreasonably withheld, and such consent, if given , shall not relive the Contractor from any liability or obligation under the contract and he shall be responsible for the acts, defaults and neglects of any sub-contractor, his agents, servants or work-men as fully as if they were acts, defaults or neglects of the Contractor, his agents, servants or workmen. Provided always that the provision of labour on a piecework basis shall not be deemed to be a sub-letting under this Clause.

CONTRACT DOCUMENTS
Language and Law

5.

(1)

(a) The Ruling Language unless stated otherwise shall be the language in which the Contract Document have been drafted.
(b) All Correspondence between the Employer, Engineer and the Contractor shall be in both Arabic and English.
(c) The Contract shall be governed by and construed in accordance with the Laws of the Sultanate of Oman.

Documents Mutually
Explanatory

(2)

Except if and to the extent otherwise provided by the Contract, the several documents forming the Contract are to be taken as mutually explanatory of one another, but in case of ambiguities or discrepancies the same shall be explained and adjusted by the Engineer who shall thereupon issue to the Contractor instructions thereon. Provided always that if, in the opinion of the Engineer, compliance with any such instructions shall involve the Contractor in any cost, which by reason of any such ambiguity or discrepancy could not reasonably have been foreseen by the Contractor, the Engineer shall, subject to the provisions of Clause 2 (1), certify and the Employer shall pay such additional sum as may be reasonable to cover such costs.

Custody of Drawings 6.
and Specification

(1)

The Drawings and Specification shall remain in the sole custody of the Engineer, but two copies thereof shall be furnished to the Contractor free of charge. The Contractor shall provide and make at his own expense any further copies required by him. At the completion of the Contract the Contractor shall return to the Engineer all Drawings and Specification provided under the Contract.

One copy of the
Drawings
and
Specification to be

(2)

One copy of the Drawings and Specification furnished to the Contractor as aforesaid shall be kept by the Contractor on the Site and the same shall at all reasonable times be available for inspection and use by the Engineer and the Engineer‟s Representative and by any other

Page 5.13

kept on Site

person authorized by the Engineer in writing.

Page 5.14

Disruption
Progress

of

(3)

The Contractor shall give written notice to the Engineer whenever planning or progress of the Works is likely to be delayed or disrupted unless any further drawing or order, including a direction, instruction or approval , is issued by the Engineer within a reasonable time. The notice shall include details of the drawing or order required and of why and by when it is required and of any delay or disruption likely to be suffered if it is late.

Delays and cost of
delay of Drawings

(4)

If, by reason of any failure or inability of Engineer to issue within a time reasonable in all the circumstances any drawing or order requested by the Contractor in accordance with sub-clause (3) of this Clause, the Contractor suffers delay and/or incurs costs then the Contractor shall notify the Employer of such events and the Engineer shall take such delay into account in determining any extension of time to which the Contractor is entitles under Clause 44 hereof and the Contractor shall be paid the amount of such cost as shall be reasonable.

Further
Drawings 7.
and Instructions

The Engineer shall have full power and authority to supply to the Contractor from time to time, during the progress of the Works such further drawings and instructions as shall be necessary for the purpose of the proper and adequate execution, completion and maintenance of the Works. The Contractor shall carry out and be bound by the same.

GENERAL OBLIGATIONS

Contractor‟s General 8.
Responsibilities

Form of Agreement

(1)

The Contractor shall, subject to the provisions of the Contract, and with due care and diligence, execute, complete and maintain the Works and provide all labour, including the supervision thereof, materials, Constructional Plant and all other things, whether of a temporary or permanent nature, required in and for such execution, completion and maintenance, so far as the necessity for providing the same is specified in or is reasonably to be inferred from the Contract.

(2)

The Contractor shall take full responsibility for the adequacy, stability and safety of all site operations and methods of construction, provided that the Contractor shall not be responsible, except as may be expressly provided in the contract, for the design or specification of the Permanent Works, or for the design or specification of any Temporary Works prepared by the Engineer.

9.

The Contractor shall when called upon so to do enter into and execute a Form of Agreement, to be prepared and completed at the cost of the Employer, n the form annexed with such modification as may be necessary.

Performance Bond 10.
or Guarantee
Page 5.15

For the due performance of the Contract, the Tender shall contain an under taking by the Contractor to obtain within 28 days from the date of the Letter of Acceptance, a bond or guarantee of an insurance company or bank or bank registered in the Sultanate of Oman to be

jointly and severally bound with the Contractor to the Employer in the sum of 5% of the Contract Value , the said insurance company or bank and terms of the said bond or guarantee shall be such as shall be approved by the Employer. The obtaining of such bond or guarantee and the Cost of the bond or guarantee to be so entered into shall be at the expense in all respects of the contractor. Such bond or guarantee should be valid until the end of the Maintenance Period.

Inspection of Site

Sufficiency
Tender

11.

of 12.

The Employer shall have made available to the Contractor with the Tender Documents such data on hydrological, sub-surface and climatic conditions as shall have been obtained by or on behalf of the Employer from investigations undertaken relevant to the Works. The Contractor shall nevertheless have inspected and examined the Site and its surroundings and information available in connection therewith and to have satisfied himself, before submitting his Tender, as to the form and nature thereof, including the sub-surface conditions, the hydrological and climate conditions, the extent and nature of work and materials necessary for the completion of the Works, the means of access to the materials necessary for the completion of the Works, the means of access to the Site and the accommodation he may require and shall be deemed to have obtained all necessary information as to risks, contingencies and all other circumstances which may influence or affect his Tender.

(1)

The Contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his Tender for the Works and of the rates and prices stated in the priced Bill of quantities and the Schedule of Rates and Prices if any, which Tender rates and prices shall, except insofar as it is otherwise provided in the Contract, cover all his obligations under the Contract and all matters and things necessary for the proper execution, completion and maintenance of the Works.

Errors in Computing
Tender

(2)

The Contractor shall be responsible for any error which he may make in computing any quantities of material and labour required or costs involved. The Contract Price shall not be allowed to be corrected for any errors made by the Contractor in calculating the Contract Value.

Adverse
Physical
Conditions
and
Artificial
Obstructions

(3)

Without prejudice to clause 11 hereof if during the execution of the Works the Contractor shall encounter physical conditions, other than climatic conditions on the Site, or artificial obstructions which conditions or obstructions could not, in his opinion, have been reasonably foreseen by an experienced contractor, the Contractor shall forthwith give written notice thereof to the Engineer‟s Representative.

If, in the opinion of Engineer, such conditions or artificial obstructions could not have been reasonably foreseen by an experienced contractor, then the Engineer, subject to the provisions of Clause 2 (1) shall certify and the Employer shall pay the additional cost to which the Contractor shall have been put by reason such conditions, including the proper and reasonable cost.

Page 5.16

(a) Of complying with any instruction which the Engineer may issue to the Contractor in connection therewith, and
(b) Of any proper and reasonable measures approved by the Engineer which the Contractor may take in the absence of specific instructions from the Engineer. The Contractor shall not take any measures to cover, bury or remove the effects of such conditions or obstructions until so instructed by the Engineer except in the event of there being an urgent need to undertake remedial or other works or repairs to reduce risks of injuries or damages to persons or property.

Works to be to the 13.
Satisfaction
of
Engineer

Detailed Programme 14.
to be Furnished

Contractor‟s
Superintendence

Save insofar as it is legally or physically impossible, the Contractor shall execute, complete and maintain the Works in strict accordance with the Contract to the satisfaction of the Engineer and shall comply with and adhere strictly to the Engineer‟s instruction and directions on any matter, whether mentioned in the Contract or not, touching or concerning the Works. The Contractor shall take instructions and direction only from the Engineer or, subject to the limitations referred to in Clause 2 here 2 hereof, from the Engineer‟s Representative.

(1)

The Contractor shall, within 14 days of the notification of acceptance of his Tender, submit to the Engineer for his approval, a detailed programme showing the order of procedure in which he proposes to carry out the Works. The Contractor shall whenever required by the Engineer or Engineer‟s Representative furnish in writing for his information particulars of the Contractor‟s arrangements for the carrying out of the Works and of the Construction Plant and Temporary Works which the Contractor intends to supply or constru...

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