Terms and Conditions
The following are our terms and condition for construction work and supplies of building materials;-
1.1 Architects instructions - Means instructions issued by the Architect to the Contractor in accordance with these conditions and includes instructions issued by other agents of the Employer appointed to work under the authority of the Architect.
1.2 Bills of quantities or contract bills - Means the document drawn up by the Quantity Surveyor and priced by the Contractor to arrive at the contract price.
1.3 Certificate of practical completion - Means a certificate issued by the Architect to the Contractor to signify a state of completion where, in the opinion of the Architect, the Works are substantially complete and can effectively and conveniently be used for the intended purposes.
1.4 Final certificate - Means a certificate issued by the Architect to the Contractor signifying that the Works have been carried out and completed in accordance with the terms of this contract and that all adjustments to the contract price have been made in accordance therewith.
1.5 Contract period - Means the period agreed for the construction of the Works and stated in the appendix to these conditions or extended in accordance therewith.
1.6 Contract price - Means the price for the Works as stated in the agreement or as adjusted in accordance with the contract.
1.7 Contractor - Means the person or firm named in the articles of agreement with whom the Employer has entered into contract and includes the legal successors in title and permitted assigns.
1.8 Contractor's equipment - Means all machinery, vehicles, tools, apparatus and other things required for the carrying out and completion of the Works and the remedying of any defects.
1.9 Employer - Means the person or firm named in the articles of agreement with whom the Contractor has entered into contract and includes the legal successors in title and permitted assigns.
1.10 Defect - Means any aspect of the Works which is not in accordance with the contract or to the reasonable satisfaction of the Architect.
1.11 Force Majeure - means an event, occurrence or circumstance which;
1.11.1Is beyond a party's control,
1.11.2 Such party could not reasonably have foreseen before entering into contract,
1.11.3 Having arisen, such party could not reasonably have avoided or overcome,
1.11.4 And is not substantially attributable to either party.
1.15 Materials and goods - Means things of all kinds and all supplies delivered by the Contractor, subcontractors, suppliers or by others for incorporation in the Works whether stored on site or elsewhere but not yet incorporated in the Works.