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Duty to Act as Stated in the Contract
Mutual Trust and Co-operation
Identified and Defined Terms
Defined Terms
Interpretation — Singular and Plural
Governing Law
Variations to the Contract
Entire Agreement
Communication — Form and Language
Effect of Communications
Period for Reply
Acceptance of Submissions
Extension of the Period for Reply
Certificates
Separate Communication of Notifications
Withholding Acceptance
Acceptance Does Not Change Responsibility
Delegation by the Project Manager or Supervisor
Instructions Changing the Scope or a Key Date
Replacement of the Project Manager or Supervisor
Early Warning
Early Warning — Considering Effects
Early Warning Meetings
Early Warning Register — Revision
Contractor's Proposal to Change the Scope
Quotation for a Proposed Scope Change
Proposal to Add an Area to the Working Areas
Ambiguities and Inconsistencies
Illegal or Impossible Requirements
Corrupt Acts
Stopping Subcontractor Corrupt Acts
Flow-Down of Corrupt Act Provisions
Prevention
Providing the Works
Management and Subcontracting of the Works
Advice on Design and Subcontracting
Forecasts of Defined Cost
Design by the Contractor
Design Particulars for Acceptance
Use of the Contractor's Design
Design of Equipment
Key Persons
Removal of a Person
Co-operation with Others
Services and Things to be Provided
Key Date Condition — Additional Cost
Subcontracting — Contractor's Responsibility
Acceptance of Proposed Subcontractors
Subcontract Documents
Subcontract Pricing Information
Design Approval from Others
Access for the Project Manager, Supervisor and Others
Obeying Instructions
Health and Safety Requirements
Assignment of Rights
Non-Disclosure of Information
Publicity Restriction
Starting and Completion
Certification of Completion
Meeting Key Dates
Programme Submission
Programme Content
Acceptance of a Programme
Activity Schedule and the Programme
Revised Programme — Content
Submission of Revised Programmes
Access to and Use of the Site
Instructions to Stop or Not Start Work
Take Over of the Works
Use and Take Over of Parts of the Works
Certificate of Take Over
Proposal to Accelerate
Quotation for Acceleration
Implementing Accepted Acceleration
Quality Management System
Quality Policy and Quality Plan
Correction of Quality Plan Failures
Tests — Retesting
Tests — Costs
Tests — Supervisor Attendance
Scope of Tests and Inspections
Materials, Facilities and Samples
Notification of Tests and Inspections
Retesting After Defect
Supervisor's Tests Without Unnecessary Delay
Cost of Repeat Tests
Testing and Inspection Before Delivery
Search for a Defect
Notification of Defects
Duty to Correct Defects
Correction of Notified Defects
Defects Certificate Timing
Access for Defect Correction in Taken-Over Parts
Proposal to Accept an Uncorrected Defect
Uncorrected Defects
Assessment of the Amount Due
Application for Payment
Calculation of the Amount Due
Assessment When No Application Submitted
Retention for Missing Programme
Correction of Incorrect Assessments
Finalisation of Defined Cost
Certification of Payment
Payment and Interest on Late Payment
Correction of the Amount Due
Calculation of Interest
Tax on Payments
Defined Cost
Records of Defined Cost
Records of Subcontractor Payments
Inspection of Accounts and Records
Final Assessment
Contractor's Final Assessment
Final Amount Due and Conclusivity
Contractor's Share — Saving or Excess (Option C)
Final Assessment of Contractor's Share (Option C)
Contractor's Share — Saving or Excess (Option D)
Final Assessment of Contractor's Share (Option D)
Activity Schedule Revision
Acceptance of Activity Schedule Revision
Compensation Events — List
CE — Instruction Changing the Scope
CE — Client Does Not Allow Access
CE — Client Does Not Provide Something
CE — Instruction to Stop or Not Start Work, or Change a Key Date
CE — Client or Others Working Within Times or Conditions
CE — No Reply to a Communication
CE — Instruction for Dealing with an Object of Value
CE — PM or Supervisor Changes a Decision
CE — Withholding Acceptance for a Reason Not Stated
CE — Search for a Defect Where No Defect is Found
CE — Unnecessary Delay Caused by a Test or Inspection
CE — Physical Conditions
CE — Weather Measurement
CE — Event Which is a Client's Liability
CE — Early Take Over
CE — Materials, Facilities and Samples Not Provided
CE — Correction to an Assumption
CE — Breach of Contract by the Client
CE — Prevention Event
CE — Quotation for a Proposed Instruction Not Accepted
CE — Additional Compensation Events in Contract Data
Judging Physical Conditions
Ambiguity or Inconsistency in the Site Information
CE — Difference in Quantities (Option B)
CE — Difference in Quantities Delaying Completion (Option B)
CE — Correction of a Mistake in the Bill of Quantities
Bill of Quantities Assumed Correct
Notification by the Project Manager
Instruction to Submit Quotations
Contractor's Notification and the 8-Week Deadline
Project Manager's Reply and Deemed Acceptance
Missed Early Warning Stated in the Instruction
Assumptions When Effects Are Too Uncertain
No Notification After the Defects Certificate
Alternative Quotations
Content of Quotations
Submission of Quotations and the Project Manager's Reply
Revised Quotation
Extension of Time for Quotations or Replies
Failure to Reply to a Quotation — Deemed Acceptance
Assessing the Change to the Prices
Agreed Rates or Lump Sums
Reduction in Total Defined Cost
When the Prices Are Reduced
Assessing Delay to Completion Date and Key Dates
Only Rights in Respect of a Compensation Event
Early Warning Not Given — Assessed as If Given
Risk Allowances
Competent and Prompt Reaction
Ambiguity or Inconsistency Resolved in Favour of the Party Not Providing the Scope
Correction of a Key Date Description
Value Engineering Reduction (Options A, B, C and D)
Form of Assessments for Changed Prices (Option A)
New People Rates for CEs
Project Manager's Own Assessment
PM's Assessment of the Programme for Remaining Work
Notification of the PM's Own Assessment
Deemed Acceptance When the PM Does Not Assess
Quotation for a Proposed Instruction
Quotation for a Proposed Instruction — Submission and Reply
Quotation Not Accepted
Implementation of a Compensation Event
Effect of Implementing CE
Finality of Implemented CE Assessment
Title to Plant and Materials Outside the Working Areas
Title to Plant and Materials Within the Working Areas
Marking Equipment, Plant and Materials Outside the Working Areas
Removing Equipment
Objects and Materials Within the Site
Title to Materials From Excavation and Demolition
The Contractor's Use of Material
Client's Liabilities
Contractor's Liabilities
Recovery of Costs for Which the Contractor Is Liable
Client Pays Costs from Its Liabilities
Proportional Reduction for Contributory Liability
Insurances to Be Provided by the Client
Contractor's Insurance Obligations
Joint Names and Cover Period
Certificates of Insurance
Waiver of Subrogation
Compliance With Insurance Policies
Client's Insurance Responsibility Unchanged
Contractor May Insure If Client Fails
Notice of Termination
Termination Table
Procedures Implemented After the Termination Certificate
No Further Work After Termination
Reasons for Termination — Insolvency (R1 to R10)
Reasons for Termination — Defaults Not Put Right (R11 to R13)
Termination by Client — Defaults (R14, R15)
Termination by Contractor — Non-Payment (R16)
Termination — Release by Law (R17)
Termination — Extended Stop Instruction (R18, R19, R20)
Termination — Prevention Event Extended Delay (R21)
Termination — Corrupt Act by Contractor (R22)
Termination — Payment on Termination
Termination Procedures P2, P3, P4
Amount Due on Termination (A1)
Amount Due on Termination (A2 to A4)
Amount Due on Termination — Grouping of Activities
Contractor's Share Assessed on Termination (Options A, C and D)
Contractor's Share on Termination (Options C, D)
Price Adjustment for Inflation
Changes in the Law
Multiple Currencies
Parent Company Guarantee
Sectional Completion
Bonus for Early Completion
Delay Damages
Collateral Warranty
Transfer of Rights
Information Modelling (BIM)
Termination by the Client
Multiparty Collaboration
Performance Bond
Advanced Payment
Limitation of Liability
Retention
Low Performance Damages
Limitation of Liability
Third Party Rights
Key Performance Indicators (KPIs)
Whole Life Cost
Early Contractor Involvement (ECI)
Housing Grants Act (HK Edition)
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