General Conditions of Contract for Construction Works (First Edition) 2004

Table Of Contents
CONTENTS Clause Heading Page 1 DEFINITIONS, INTERPRETATIONS AND GENERAL PROVISIONS 1 1.1 Definitions 1 1.2 Delivery of notices 3 1.3 Concessions not to constitute waivers 3 1.4 Governing law 3 1.5 Extent of indemnification 3 1.6 Calculation of days 3 1.7 Authority of representatives 4 1.8 Singular and plural/masculine and feminine 4 1.9 Marginal notes or headings 4 2 ENGINEER AND ENGINEER'S REPRESENTATIVE 4 2.1 Function of the Engineer 4 2.2 Engineer to consult with Contractor and Employer 4 2.3 Specific approval of Employer required 4 2.4 Nomination of Engineer's Representative 4 2.5 Authority of Engineer's Representative 4 2.6 Limitation of authority of Engineer's Representative 5 2.7 Engineer's authority to delegate 5 2.8 Contractor's right to refer to Engineer 5 2.9 Limitations on delegation of Engineer's powers 5 3 AMBIGUITY IN DOCUMENTS 5 3.1 Discrepancy in documents 5 3.2 Additional Cost due to ambiguity 5 4 BASIS OF CONTRACT 6 4.1 Extent of Contractor's obligations 6 4.2 Contractor's liability for his own design errors 6 4.3 Work to be to Engineer's instructions 6 4.4 Instructions only from Engineer 6 4.5 Compliance with applicable laws 6 5 ASSIGNMENT 6

5.1 Assignment/ cession 6 6 SUBCONTRACTING 6 6.1 Subcontracting whole Contract 6 6.2 Subcontracting part of Contract 6 6.3 Selection of subcontractors in consultation with the Employer 6 6.4 Contractor's liability unaffected 6 6.5 No consent required 7 6.6 Payment to subcontractor selected by Employer and Contractor 7 7 GUARANTEE 7 7.1 Guarantee 7 8 PAYMENT TO CONTRACTOR 8 8.1 Payment to the Contractor 8 9 COPYRIGHT 8 9.1 Copyright and intellectual property rights 8 10 COMMENCEMENT OF THE WORKS 8 10.1 Commencement of the Works 8 11 ACCESS TO THE SITE 8 11.1 Access to and possession of Site 8 11.2 Delays in giving possession 8 12 PROGRAMME OF THE WORKS 9 12.1 Order of the Works 9 12.2 Programme 9 12.3 Supporting documents 9 12.4 Adjustment of programme 9 12.5 No relief of Contractor's responsibilities 9 13 INSTRUCTIONS AND DRAWINGS 9 13.1 Drawings and instructions 9 13.2 Further drawings and instructions 9 13.3 Contractor to give notice timeously 9 13.4 Documents to be provided within reasonable times 10 13.5 Contractor to give effect to drawings, etc 10 13.6 Engineer's failure to comply timeously 10 13.7 Engineer to approve Contractor's designs and drawings 10 14 NOTICES AND FEES 10 14.1 Giving of notices and payment of fees 10 14.2 Employer's responsibility for approval 10

14.3 Contractor's responsibility for consents 10 14.4 Contractor to be Compensated 11 15 FOSSILS 11 15.1 Fossils etc. 11 16 PATENT RIGHTS 11 16.1 Patent and protected rights 11 16.2 Payments for rights 11 17 POLLUTION AND EXCESSIVE TRAFFIC 11 17.1 Pollution prevention and interference with access 11 17.2 Excessive traffic 11 17.3 Indemnity by Contractor 11 18 FACILITIES FOR OTHERS 12 18.1 Opportunities afforded to other persons 12 18.2 Additional payment for providing facilities 12 19 CLEARANCE OF SITE 12 19.1 Clearance of Site on completion 12 19.2 Possible action by Employer 12 20 CONTRACTORS EMPLOYEES 12 20.1 Engagement of employees 12 20.2 Information in respect of employees 13 21 COMPETENT EMPLOYEES 13 21.1 Competent employees 13 22 CONTRACTOR'S SUPERINTENDENCE 13 22.1 Contractor's superintendence 13 22.2 Contractor's Site Agent 13 22.3 Site Agent to receive instructions 13 23 MATERIALS, WORKMANSHIP AND CONSTRUCTION EQUIPMENT 13 23.1 Quality of materials and workmanship 13 23.2 Quality of Construction Equipment 13 23.3 Information in respect of Construction Equipment 14 23.4 Samples 14 23.5 Test specimens 14 23.6 Tests 14 23.7 Cost of test specimens and tests 14 23.8 Exchange of reports on tests 14

24 ACCESS TO THE WORKS 14 24.1 Access to the Works 14 25 EXAMINATION OF THE WORKS 15 25.1 Examination of work before covering up 15 25.2 Notice to be given 15 25.3 Uncovering and making openings 15 26 REMOVAL OF IMPROPER WORK AND MATERIALS 15 26.1 Removal of improper work and materials 15 26.2 Default of Contractor in compliance 15 27 SEARCH FOR DEFECT 16 27.1 Contractor to search 16 28 URGENT REMEDIAL WORK 16 28.1 Urgent remedial work 16 29 VESTING OF MATERIALS 16 29.1 Vesting of materials 16 29.2 Definition of "materials" 16 29.3 Identification of materials 16 29.4 Prohibition on removal of materials 16 29.5 No approval by vesting 17 30 REMOVAL OF CONSTRUCTION EQUIPMENT 17 30.1 Prohibition on removal of Construction Equipment 17 31 PROTECTION OF THE WORKS 17 31.1 Protection of the Works, use of public roads and access to private property 17 32 CARE OF THE WORKS 17 32.1 Care of the Works 17 32.2 Damage or physical loss 17 32.3 Excepted risks 18 33 INDEMNIFICATIONS 19 33.1 Injury to persons and damage to property 19 33.2 Indemnity by Employer 19 34 REPORTING OF ACCIDENTS 19 34.1 Reporting of accidents 19 35 INSURANCES 20 35.1 Insurances to be effected 20 35.2 Liability of deductibles 20 35.3 Requirements relating to subcontractors 21

35.4 Contractor to effect insurances obtainable 21 35.5 Employer to approve insurance policy 21 35.6 Contractor to produce proof of payment 21 35.7 Remedy on Contractor's failure to insure 21 35.8 Legal provisions 21 36 VARIATIONS 21 36.1 Variations 21 36.2 Orders for variations to be in writing 22 36.3 Changes in scheduled quantities 22 36.4 Supplementary agreements 22 37 VALUATIONS OF VARIATIONS 22 37.1 Valuation of variations 22 37.2 Daywork 23 38 NON-WORKING TIMES 24 38.1 Non-working hours and special non-working days 24 39 SUSPENSION OF THE WORKS 24 39.1 Suspension of works 24 39.2 Suspension lasting more than 84 days 25 40 PROGRESS OF THE WORKS 25 40.1 Rate of progress 25 40.2 Work at night 25 40.3 Instruction to accelerate 25 41 DELAYS ATTRIBUTABLE TO THE EMPLOYER 25 41.1 Delays attributable to the Employer 25 42 EXTENSION OF TIME FOR COMPLETION 26 42.1 Time for completion 26 42.2 Extension of time for completion 26 42.3 Some reasons for extensions of time 26 42.4 Relevant adjustments to General Items 26 43 PENALTY FOR DELAY 26 43.1 Penalty for delay 26 43.2 Reduction of penalty 27 44 MEASUREMENT OF THE WORKS 27 44.1 Quantities 27 44.2 Work to be measured 27

44.3 Engineer's intention to measure 27 44.4 Contractor's failure to comply 27 44.5 Method of Measurement 27 45 PROVISIONAL AND PRIME COST SUMS 28 45.1 Provisional Sums 28 45.2 Prime Cost Sums 28 45.3 Provisional/ Prime Cost Sums and contingency allowance 28 45.4 Production of vouchers 28 46 ADJUSTMENTS IN PRICES 28 46.1 Rates and prices 28 46.2 Application of Contract Price Adjustment Factor 28 46.3 Variation in cost of special materials 29 46.4 Subsequent changes in legislation 29 47 ADVERSE PHYSICAL CONDITIONS 29 47.1 Adverse physical conditions and artificial obstructions 29 47.2 Further notices 29 47.3 Contractor to carry out additional work 29 47.4 Contractor's right to claim 29 48 CLAIMS PROCEDURE 30 48.1 Claims procedure 30 48.2 Extended period for claims 30 48.3 Records of facts and circumstances 30 48.4 Contractor's failure to comply 31 48.5 Engineer's ruling 31 49 INTERIM PAYMENTS 32 49.1 Monthly payments 32 49.2 Valuation of material brought onto Site 32 49.3 Retention money 33 49.4 Employer's obligation to pay 33 49.5 Time of payment of retention 33 49.6 Guarantee in lieu of retention 33 49.7 Set-off and delayed payments 34 49.8 Correction of certificates 34 49.9 Contractor's completion statement 34 49.10 Final Payment Certificate 34 50 VARIATIONS EXCEEDING 15 PER CENT 35

50.1 Variations exceeding 15 per cent 35 51 COMPLETION 35 51.1 Certificate of Practical Completion 35 51.2 Issue of Certificate of Practical Completion 35 51.3 Employer's right to occupy completed Works 36 51.4 Certificate of Completion of the Works 36 51.5 Consequence of Certificate of Completion 36 51.6 Different dates of completion 36 52 APPROVAL CERTIFICATE 36 52.1 Final Approval Certificate 36 52.2 Approval only by Final Approval Certificate 37 52.3 Time limitation on claims in respect of defects 37 53 DEFECTS 37 53.1 Defects Liability Period 37 53.2 Making good of defects 37 53.3 Cost of making good 37 53.4 Remedy on Contractor's failure to carry out required work 38 54 CANCELLATION OF THE CONTRACT 38 54.1 Outbreak of war or armed hostilities 38 54.2 State of emergency 38 54.3 Increased Costs arising from war or state of emergency 39 54.4 Payment if Contract is cancelled 39 54.5 Over-riding provisions 39 55 TERMINATION BY EMPLOYER 39 55.1 Termination by Employer 39 55.2 Amounts Employer must pay 41 56 CANCELLATION BY CONTRACTOR 41 56.1 Cancellation of Contract by Contractor 41 56.2 Removal of materials, etc and payment to Contractor 41 56.3 Other rights of Contractor 42 56.4 Notices to trustee/liquidator 42 57 NOTICE OF DISAGREEMENT 42 57.1 Notice of disagreement 42 57.2 Engineer to rule on disagreements 42 58 SETTLEMENT OF DISPUTES 42

58.1 Dispute Notice 42 58.2 Mediation 43 58.3 Adjudication 44 58.4 Arbitration 45 58.5 Reference to Court 45 58.6 Common provisions 45 58.7 Special disputes 46 58.8 Continuing validity of Clause 46 FORM OF OFFER AND ACCEPTANCE 47 CONTRACT DATA 51 FORM OF GUARANTEE 57 CONTRACT PRICE ADJUSTMENT SCHEDULE 59 LIST OF ENGINEER'S FUNCTIONS AND DUTIES 61

General Conditions of Contract for Construction Works (Second Edition) 2010

Table Of Contents
GENERAL CONDITIONS OF CONTRACT FOR CONSTRUCTION WORKS, SECOND EDITION, 2010 CONTENTS (Corresponding GCC 2004 clause numbers in brackets) Page 1. GENERAL 1 1.1 Definitions 1 1.1.1 Definitions (1.1) 1 1.2 Interpretations 4 1.2.1 Delivery of Notices (1.2) 4 1.2.2 Extent of indemnification (1.5) 5 1.2.3 Authority of representatives (1.7) 5 1.2.4 Singular and plural, masculine and feminine (1.8) 5 1.2.5 Marginal notes or headings (1.9) 5 1.3 General provisions 5 1.3.1 Concessions not to constitute waivers (1.3) 5 1.3.2 Governing law (1.4) 5 1.3.3 Language (new) 6

1.3.4 Supplementary agreement (36.4) 6 1.3.5 Contractor's copyright (9.1) 6 2. BASIS OF CONTRACT 7 2.1 Available data and information 7 2.1.1 Available data (new) 7 2.1.2 Inspection of the Site (new) 7 2.1.3 Obtaining information (new) 7 2.2 Adverse physical conditions 7 2.2.1 Adverse physical conditions (47.1) 7 2.2.2 Further notices (47.2) 8 2.2.3 Contractor to carry out additional work (47.4) 8 2.2.4 Contractor's right to claim (47.4) 8 2.3 Technical data 8 8 2.3.1 Technical data (new) 2.4 Ambiguity or discrepancy 9 2.4.1 Ambiguity or discrepancy (3.1) 9 2.4.2 Additional cost due to ambiguity (3.2) 9 2.5 Assignment 9 2.5.1 Assignment (5.1) 9 3. ENGINEER 10 3.1 Functions of the Engineer 10 3.1.1 Function of the Engineer (2.1) 10 3.1.2 Engineer to consult with Contractor and Employer (2.2) 10 3.1.3 Specific approval of the Employer required (2.3) 10 3.1.4 Employer's agent for health and safety (new) 10 3.2 Engineer's Representative 10 3.2.1 Nomination of Engineer's Representative (2.4) 10 3.2.2 Authority of Engineer's Representative (2.5) 10 3.2.3 Limitation of authority of Engineer's Representative (2.6) 11 3.2.4 Engineer's authority to delegate (2.7) 11 3.2.5 Limitations on delegations (2.9) 11 3.2.6 Contractor's right to refer to Engineer (2.8) 11 4. CONTRACTOR'S GENERAL OBLIGATIONS 13

4.1 Extent of obligations and liability 13 4.1.1 Extent of Contractor's obligations (4.1) 13 4.1.2 Contractor's liability for own design errors (4.2) 13 4.2 Engineer's instructions 13 4.2.1 Works to comply to Engineer's instructions (4.3) 13 4.2.2 Instructions from Engineer only (4.4) 13 4.3 Legal provisions 13 4.3.1 Compliance with applicable laws (4.5) 13 4.3.2 Proof of good standing (35.8) 13 4.4 Subcontracting 13 4.4.1 Subcontracting whole Contract (6.1) 13 4.4.2 Liability for subcontractors (6.4) 14 4.4.3 Selection of subcontractors in consultation with Employer (6.3) 14 4.4.4 Contractor's liability unaffected by selection of subcontractors (6.4) 14 4.4.5 Assignment in the case of termination (new) 14 4.4.6 Assignment of benefit of subcontractors (new) 14 4.5 Notices and fees 14 4.5.1 Giving notices and payment of fees (14.1) 14 4.5.2 Employer's responsibility for approval (14.2) 15 4.5.3 Contractor's responsibility for consents (14.3) 15 4.5.4 Contractor to be compensated (14.4) 15 4.6 Patent rights 15 4.6.1 Patent and protected rights (16.1) 15 4.6.2 Payments for rights (16.2) 15 4.7 Fossils 15 4.7.1 Fossils, etc. (15.1) 15 4.8 Facilities for others 15 4.8.1 Facilities for others (18.1) 16 4.8.2 Additional compensation for providing facilities (18.2) 16 4.9 Construction Equipment 17 4.9.1 Prohibition on removal of Construction Equipment (30.1) 17 4.10 Contractor's employees 17 4.10.1 Engagement of employees (20.1) 17

4.10.2 Information in respect of employees (20.2) 17 4.11 Competent employees 17 4.11.1 Competent employees (21.1) 17 4.11.2 Removal of incompetent employees (21.1) 17 4.12 Contractor's superintendence 18 412.1 Contractor's superintendence (22.1) 18 4.12.2 Contractor's Site Agent (22.2) 18 4.12.3 Site Agent to receive instructions (22.3) 18 5. TIME AND RELATED MATTERS 19 5.1 Time calculations 19 5.1.1 Time calculations(new) 19 5.2 Commencement of the Contract 19 5.2.1 Commencement of the Contract (new) 19 5.3 Commencement of the Works 19 19 5.3.1 Commencement of the Works (10.1) 19 5.3.2 Unacceptable documentation (new) 19 5.3.3 Time to instruct commencement of the Works (new) 19 5.4 Access to the Site 20 5.4.1 Access to and possession of Site (11.1) 20 5.4.2 Access not exclusive (new) 20 5.4.3 Delays in giving possession (11.2) 20 5.5 Time for Practical Completion 20 5.5.1 Time for Practical Completion (42.1) 20 5.6 Programme 20 5.6.1 Programme of Works (12.2) 20 5.6.2 Contents of the programme (12.3) 21 5.6.3 Approval of the programme (new) 21 5.6.4 Review and adjustment of the programme (12.4) 21 5.6.5 Approval means no relief of Contractor's responsibilities (12.5) 21 5.7 Progress of the Works 22 5.7.1 Rate of progress (40.1) 22 5.7.2 Night work (40.2) 22 5.7.3 Acceleration (new) 22

5.8 Non-working times 23 5.8.1 Non-working times (38.1) 23 5.8.2 Notice for work during non-working times (new) 23 5.9 Instructions 23 5.9.1 Drawings and instructions (13.1) 23 5.9.2 Further drawings and instructions (13.2) 23 5.9.3 Contractor to give notice timeously (13.3) 23 5.9.4 Documents to be provided timeously (13.4) 23 5.9.5 Contractor to give effect to drawings, etc.(13.5) 24 5.9.6 Engineer's failure to comply timeously (13.6) 24 5.9.7 Engineer to approve Contractor's designs and drawings (13.7) 24 5.10 Delays attributable to the Employer 24 5.10. 1 Delays attributable to the Employer (41.1) 24 5.11 Suspension of the Works 25 5.11.1 Suspension of the Works (39.1) 25 5.11.2 Claim as a consequence of suspension (39.1) 25 5.11.3 Suspension lasting more than 84 days (39.2) 25 5.12 Extension of time for Practical Completion 25 5.12.1 Extension of time for Practical Completion (42.2) 25 5.12.2 Some reasons for extension of time (42.3) 26 5.12.3 Relevant adjustments to General Items (42.4) 26 5.12.4 Acceleration in stead of extension of time (new) 26 5.13 Penalty for delay 26 5.13.1 Penalty for delay (43.1) 26 5.13.2 Reduction of penalty (43.2) 26 5.14 Completion 27 5.14.1 Practical Completion (51.1) 27 5.14.2 Issue of Certificate of Practical Completion (51.2) 27 5.14.3 Consequences of Practical Completion (51.3) 27 5.14.4 Certificate of Completion (51.4) 27 5.14.5 Consequences of completion (51.5) 28 5.14.6 Occupation by the Employer (new) 28 5.14.7 Different dates of Practical Completion (51.6) 28

5.15 Clearance of Site 28 5.15.1 Clearance of Site on completion (19.1) 28 5.16 Approval 29 5.16.1 Final Approval Certificate (52.1) 29 5.16.2 Approval only by Final Approval Certificate (52.2) 29 5.16.3 Latent defects liability (52.3) 29 6. PAYMENT AND RELATED MATTERS 30 6.1 Payment to Contractor 30 6.1.1 Payment to Contractor (8.1) 30 6.2 Security 30 6.2.1 Delivery of security (7.1) 30 6.2.2 Contractor failing to select or provide security (new) 30 6.2.3 Validity of performance guarantee (new) 30 6.3 Variations 30 6.3.1 Variations (36.1) 30 6.3.2 Orders for variations to be in writing (36.2) 31 6.3.3 Changes in quantities (36.3) 31 6.4 Value of variations 31 6.4.1 Valuation of variations (37.1) 31 6.4.2 Delivering and applying the variation (new) 32 6.4.3 Delay in delivering valuation (new) 32 6.5 Dayworks 32 6.5.1 Basis of payment for dayworks (37.2.1 - 37.2.3) 32 6.5.2 Quotations for materials (37.2.4) 33 6.5.3 Details to be recorded (37.2.5) 33 6.5.4 Dayworks statement (37.2.6) 34 6.6 Provisional sums and prime cost sums 34 6.6.1 Provisional sums (45.1) 34 6.6.2 Prime cost sums (45.2) 34 6.6.3 Provisional/prime cost sums and contingency allowance (45.3) 35 6.6.4 Supporting documents (45.4) 35 6.7 Measurement of the Works 35 6.7.1 Quantities (44.1) 35

6.7.2 Work to be measured (44.2) 35 6.7.3 Engineer's intention to measure (44.3) 35 6.7.4 Contractor's failure to comply (44.4) 36 6.7.5 Method of measurement (44.5) 36 6.8 Adjustment in rates and/or prices 36 6.8.1 Rates and prices final and binding (46.1) 36 6.8.2 Application of the Contract Price Adjustment Factor (46.2) 36 6.8.3 Variation in cost of special materials (46.3) 36 6.8.4 Subsequent changes in legislation (46.4) 36 6.9 Vesting of Plant and materials 37 6.9.1 Vesting of Plant and materials (29.1) 37 6.9.2 Definition of "materials" (29.2) 37 6.9.3 Identification of Plant and materials (29.3) 37 6.9.4 Prohibition on removal of plant and materials (29.4) 37 6.9.5 No approval by vesting (29.5) 37 6.10 Payments 37 6.10.1 Interim payments (49.1) 37 6.10.2 Valuation of material brought onto Site (49.2) 38 6.10.3 Retention money (49.3) 39 6.10.4 Delivery, dissatisfaction with and payment of payment certificate (49.4) 39 6.10.5 Payment of retention money (49.5) 39 6.10.6 Set-off and delayed payments (49.7) 40 6.10.7 Corrections to payment certificates (49.8) 40 6.10.8 Contractor's completion statement (49.9) 40 6.10.9 Final payment certificate (49.10) 41 6.11 Variations exceeding 15 per cent 41 6.11.1 Variations exceeding 15 per cent (50.1) 41 7. QUALITY AND RELATED MATTERS 43 7.1 Quality of Construction Equipment 43 7.1.1 Quality of Construction Equipment (23.2) 43 7.2 Quality of Plant, workmanship and materials 43 7.2.1 Quality of Plant, workmanship and materials (23.1) 43 7.3 Access to the Works 43

7.3.1 Access to the Works (24.1) 43 7.4 Samples and testing 43 7.4.1 Samples of materials (23.4) 43 7.4.2 Test specimens from the Works (23.5) 44 7.4.3 Tests (23.6) 44 7.4.4 Cost of test specimens and tests (23.7) 44 7.4.5 Exchange of reports on tests (23.8) 44 7.5 Examination of the Works 45 7.5.1 Examination of work before covering up (25.1) 45 7.5.2 Delivery of Plant to Site (new) 45 7.5.3 Notice to be given when ready for testing (25.2) 45 7.5.4 Delay by Employer to take delivery of Plant (new) 45 7.5.5 Uncovering and making openings (25.3) 45 7.6 Defective Plant, materials and work 46 7.6.1 Making good and retesting of Plant (new) 46 7.6.2 Consequences of failure of retesting Plant (new) 46 7 6.3 Removal of improper work and materials (26.1) 46 7 6 4 Default of the Contractor in compliance with Engineer's orders (26.2) 47 7.7 Search for defects 47 7.7.1 Contractor to search for defects (27.1) 47 7.8 Defects 47 7.8.1 Making good of defects in Defects Liability Period (53.2) 47 7.8.2 Cost of making good of defects (53.3) 48 7.8.3 Remedy on Contractor's failure to carry out required work (53.4) 48 7.9 Urgent remedial work 48 7.9.1 Urgent remedial work (28.1) 48 8. RISKS AND RELATED MATTERS 50 8.1 Protection of the Works 50 8.1.1 Protection of the Works (31.1) 50 8.1.2 Pollution prevention and interferences (17.1) 50 8.1.3 Excessive loads and traffic (17.2) 50 8.1.4 Indemnity by Contractor (17.3) 50 8.1.5 Prices for protection of the Works (31.1) 50

8.2 Care of the Works 50 8.2.1 Care of the Works (32.1) 50 8.2.2 Damage or physical loss (32.2) 51 8.3 Excepted risks 51 8.3.1 Excepted risks (32.3) 51 8.4 Indemnifications 52 8.4.1 Injury to persons and damage to property (33.1) 52 8.4.2 Indemnity by Employer (33.2) 53 8.5 Reporting accidents 53 8.5.1 Reporting of accidents (34.1) 53 8.6 Insurances 54 8.6.1 Insurances to be effected (35.1) 54 8.6.2 Liability of deductibles (35.2) 55 8.6.3 Requirements relating to subcontractors (35.3) 55 8.6.4 Contractor to effect insurances obtainable (35.4) 55 8.6.5 Employer to approve insurance policy (35.5) 55 8.6.6 Contractor to produce proof of payment (35.6) 56 8.6.7 Remedy on Contractor's failure to insure (35.7) 56 9. TERMINATIONS OF CONTRACT 57 9.1 Termination of Contract 57 9.1.1 Outbreak of war, hostilities, sanctions, etc. (54.1) 57 9.1.2 State of emergency (54.2) 57 9.1.3 Existing structure destroyed (new) 58 9.1.4 Increased costs (54.3) 58 9.1.5 Payment if Contract is terminated (54.4) 58 9.1.6 Over-riding provisions (54.5) 59 9.2 Termination by Employer 59 9.2.1 Termination by the Employer (55.1) 59 9.2.2 Payment to complete the Works (55.2) 61 9.2.3 Notices to trustee/liquidator (new) 61 9.3 Termination by Contractor 61 9.3.1 Termination of Contract by Contractor (56.1) 61 9.3.2 Removal of items and payment to Contractor (56.2) 62

9.3.3 Other rights of the Contractor (56.3) 62 9.3.4 Notices to trustees/liquidators (56.4) 63 10. CLAIMS AND DISPUTES 64 10.1 Contractor's claim 64 10.1.1 Contractor's claim (48.1) 64 10.1.2 Extended period for claim (48.2) 65 10.1.3 Records of facts and circumstances for claim (48.3) 65 10.1.4 Contractor's failure to comply with notice period (48.4) 66 10.1.5 Engineer's ruling on Contractor's claim (48.5) 66 10.2 Dissatisfaction claim 66 10.2.1 Dissatisfaction claim (57.1) 66 10.2.2 Failure to claim dissatisfaction (new) 67 10.2.3 Engineer's ruling on dissatisfaction (57.2) 67 10.3 Dispute notice 67 10.3.1 Dispute notice (58.1.1) 67 10.3.2 Dispute to be referred (58.1.4) 67 10.3.3 Ruling in full force (58.1.5) 68 10.4 Amicable settlement 68 10 4.1 Dispute resolution by amicable settlement (new) 68 10.4.2 Amicable settlement failure (new) 68 10.4.3 Binding settlement (new) 68 10.4.4 No reference of amicable settlement outcomes (new) 68 10.5 Adjudication 68 10.5.1 Dispute resolution by standing adjudication (new) 68 10.5.2 Dispute resolution by ad-hoc adjudication (58.3) 69 10.5.3 Rules for adjudication (new) 69 10.6 Disagreement with Adjudication Board's decision 69 10.6.1 Disagreement with Adjudication Board's decision (new) 69 10.6.2 Failure to comply with a decision (new) 69 10.6.3 Failure to give a decision in time (new) 69 10.7 Arbitration 70 10.7.1 Reference to arbitration (58.4.1) 70 10.7.2 Rules for arbitration (58.4.2) 70

10.7.3 Reasoned award (58.4.3) 70 10.8 Court proceedings 70 10.8.1 Reference to court (58.5) 70 10.9 Appointment 70 10.9.1 Appointment of dispute resolving persons (new) 70 10.10 Common provisions 71 10.10.1 Contractor's right to court proceedings (58.6.1) 71 10.10.2 Engineer as witness (58.8.2) 71 10.10.3 Arbitrator or court's power regarding a ruling or a decision (58.6.3) 71 10.11 Continuing validity 71 10.11.1 Continuing validity (58.8) 71 Contract Price Adjustment Schedule 72 Adjudication Board Rules 75 Pro Formas: 82 Appendix 1: Form of Offer and Acceptance Appendix 2: Contract Data 83 Appendix 3: Performance Guarantee 89 Appendix 4: Disclosure Statement 96 Appendix 5: Adjudication Board Member Agreement 100 Alphabetical subject index 101 103