The contractor shall perform the works specified as per Appendix II of the contract.
62 The following works are not part of the contractor’s scope of work. They belong to the obligations of the purchaser to be realized properly and free of charge for us.
62.9 Dismantling of asbestos and asbestos-contaminated materials, storage in suitable containers, transport and disposal.
GENERAL CONDITIONS (excerpts)
(Reprint of ORGALIME Turnkey Contract for Industrial Works—General Conditions with friendly permission of ORGALIME, BluePoint Brussels, Boulevard Auguste Reyers 80, 1030 Brussels).
4.2 Contractor’s Obligations. Scope of the Contract
The Works shall have the scope set out in the Contract. The Works shall include all that is necessary for the Works to fulfil the operating characteristics and performance requirements specified in the Contract, provided that the Purchaser has supplied equipment, supplies and services in accordance with his contractual obligations.
6. Representatives, Coordination, Extension of Time
6.5 Contractor’s Right to Extension of Time
The Contractor shall be entitled to a reasonable extension of the Time for Completion if he is delayed by:
failure by the Purchaser to perform correctly and in time any of his obligations under the Contract, regardless of the reason for such failure,
actions or omissions by any contractor or person employed by the Purchaser,
any physical conditions (other than climatic conditions) or artificial obstructions that the Contractor encounters on the Site, which could not reasonably have been foreseen by an experienced contractor on the basis of data provided by the Purchaser or otherwise readily available or from a visual inspection of the Site,
a variation in accordance with Clause 8,
suspension by the Contractor under Sub-clause 9.4,
suspension by the Purchaser under Clause 10,
any damage caused by the Purchaser’s Risks, or
any circumstance which constitutes Force Majeure.
In order to avail himself of his right to an extension of time, the Contractor must, however, notify the Purchaser without undue delay after at the time when the Contractor becomes aware of, or should have realised the need for an extension. The notice shall state the reason for the extension and, if possible, the length of the extension.
7. Work on the Site
7.6 Contractor’s Additional Cost and Expense
The Contractor shall be entitled to compensation by the Purchaser as hereinafter specified for additional cost and expense, which the Contractor reasonably incurs due to any of the circumstances referred to in Sub-clause 6.5, first paragraph (a) through (h).
In cases referred to in (a) through (c) the compensation shall cover:
waiting time and time for extra journeys,
additional work, including work to remove, secure and set up erection equipment,
costs incurred by the Contractor in having to keep his equipment on the Site longer than foreseen,
additional costs for travel, board and lodging for the Contractor’s personnel, and
other costs which the Contractor can show he has incurred due to the changed circumstances of the work.
The compensation for variations (d) shall be as specified in Clause 8.
8.1. Contractor’s Duty to Carry Out Variations
The Contractor shall until taking over of the Works be obliged to carry out such variations as the Purchaser requires in the agreed scope, design or manner of execution of the Works.
The Contractor shall not, however, be obliged to carry out a variation required by the Purchaser as referred to in the first paragraph of this Sub-clause, where such variation is of an extent or character which the Contractor could not reasonably have foreseen when entering into the Contract.
The Contractor shall further carry out variations which become necessary due to changes in Laws and Regulations which apply to the Works and in the generally accepted interpretation or application thereof. This obligation shall apply in respect of all amendments which come into effect after the Main Contract Document was signed and before the date of taking over of the Works.
8.2. Variations Suggested by the Contractor
The Contractor shall inform the Purchaser of possible variations, which the Contractor considers to be in the interest of the Purchaser. The Contractor shall further inform the Purchaser of any changes occurring in standards and norms, which, according to the Contract, shall be observed in the performance of the Works.
8.3. Amendments of Terms of the Contract
In case of variations, the Contract Price, the Time for Completion and other terms of the Contract shall be amended to reasonably reflect the consequences of the variation.
8.4. Purchaser’s Request for a Variation
The Purchaser shall give notice to the Contractor of his request for a variation under Sub-clause 8.1. The notice shall contain a detailed description of the variation.
8.5. Notice regarding Terms for a Variation
The Contractor shall, without undue delay after he has received the Purchaser’s request referred to in Sub-clause 8.4, notify the Purchaser whether it is possible to carry out the variation and, if so, specify the manner of execution and the effects of the variation on the Contract Price, the Main Time Schedule and other terms of the Contract.
The Contractor shall also give notice as referred to in the first paragraph when he becomes aware of the need for a variation under Sub-clause 8.1, third paragraph.
8.6. Contractor’s Costs for Examining a Variation
The Purchaser shall reimburse any costs incurred by the Contractor in examining the consequences of a variation requested by the Purchaser.
8.7. Disputed Variation
If the parties disagree on whether certain work, which the Purchaser requires to be performed, is already included in the Contractor’s obligations under the Contract, then the Purchaser shall give notice to the Contractor specifying the work he requires to be performed and stating why he considers the work to be included in the Contractor’s obligations. This shall also apply if the Contractor has refused to carry out a variation with reference to Sub-clause 8.1, second paragraph, and the Purchaser maintains that the variation shall be carried out.
The Contractor shall, without undue delay after receipt of the Purchaser’s notice under the first paragraph of this Sub-clause, give a notice as referred to in Sub-clause 8.5, and therein specify why he considers the work to fall outside his obligations.
8.8. Referral to Independent Expert
If, after the Contractor’s notice under Sub-clause 8.5 or Sub-clause 8.7, second paragraph, the parties fail to agree on the variation or on the resulting amendments of the terms and conditions of the Contract, the Purchaser may, by notice to the Contractor, refer the dispute to be settled by an independent expert (hereinafter “the Expert”). The Purchaser shall in his notice specify the questions to be decided by the Expert.
8.9. Contractor’s Duty to Carry Out Requested Variation/Work
If, in the case of a dispute regarding a variation referred to in Subclause 8.1, third paragraph, the Purchaser fails to refer the dispute to the Expert within 28 days after he received the Contractor’s notice under Sub-clause 8.5, the Contractor shall carry out the variation in accordance with the terms and conditions specified in his notice.
Except as specified in the first paragraph of this Sub-clause 8.9, the Contractor shall not be obliged or entitled to carry out a variation or disputed variation before the parties have reached a written agreement on how it shall be carried out and its consequences, or the matter has been settled by the Expert.
24. Force majeure
24.1. Force Majeure
The following circumstances shall constitute Force Majeure if they impede the performance of the Contract or makes performance unreasonably onerous: industrial disputes and any other circumstance beyond the control of the parties such as fire, earthquake, landslide, storm, flood and other natural disasters, war, mobilisation or military call up of a comparable scope, requisition, seizure, currency and trade restrictions, insurrection and civil commotion, shortage of transport, general shortage of materials, restrictions in the use of power and defects or delays by subcontractors caused by such circumstances.
The above described circumstances shall constitute Force Majeure only if their effect on the performance of the Contract could not be foreseen when the Contract was entered into.