04A. Work Order Tender Docs - Volume 2 - General Conditions

‫دولة قطر‬
STATE OF QATAR
‫أعمال الهندســـة والبناء‬

‫الشــروط العامــة للتعاقــد الخاصة‬
‫بأوامر العمل اإلطارية لإلنشاءات‬
2102 ‫طبعة‬
BUILDING AND ENGINEERING WORKS
GENERAL CONDITIONS OF CONTRACT FOR
CONSTRUCTION FRAMEWORK WORK
ORDERS
2012 EDITION
PROJECT ID: IA 12/13 C 056 ST

LOCAL ROADS AND DRAINAGE
PROGRAMME
Work Order Ed 2012 General Contract Conditions Rev A
March 13
STATE OF QATAR GENERAL CONDITIONS OF CONTRACT
ASHGHAL WORK ORDER
1 GENERAL PROVISIONS 1
1.1 DEFINITIONS 1
1.2 INTERPRETATION 8
1.3 JOINT AND SEVERAL LIABILITY 9
1.4 CORRUPTION AND FRAUD 9
1.5 INDEPENDENT CONTRACTOR 9
2 THE WORK ORDER 9
2.1 WORK ORDER DOCUMENTS 9

2.2 ENTIRE AGREEMENT 11
2.3 SEVERABILITY 11
2.4 SURVIVAL OF RIGHTS 11
2.5 AMENDMENT 11
2.6 WAIVER 11
2.7 NON-OBJECTION 12
2.8 COMMUNICATIONS 12
2.9 GOVERNING LAW AND LANGUAGE 12
2.10 CONFIDENTIALITY 13
2.11 INTELLECTUAL PROPERTY RIGHTS 13
2.12 AUTHORITY’S DOCUMENTS 14
2.13 PROJECT PUBLICATIONS 14
3 CONTRACTOR’S GUARANTEES 14
3.1 GUARANTEES 14
3.2 PERFORMANCE GUARANTEE 15
3.3 ADVANCE PAYMENT GUARANTEE 15
3.4 RETENTION GUARANTEE 15
3.5 MATERIALS GUARANTEE 16
3.6 COLLATERAL WARRANTIES 16
3.7 EXTENDED WARRANTIES 16
4 INSURANCES 16
4.1 GENERAL REQUIREMENTS FOR INSURANCES 16

4.2 INSURANCE OBLIGATIONS PARTICULAR TO THE AUTHORITY 17
4.3 INSURANCE OBLIGATIONS PARTICULAR TO THE CONTRACTOR 18
4.4 AUTHORITY’S CO-INSURED INSURANCE POLICIES 18
4.5 RIGHTS AND OBLIGATIONS OF THE INSURED PARTIES 19
4.6 LIABILITY AND LIMITS OF COVERAGE 20
4.7 CANCELLATION OF THE CONTRACTOR'S INSURANCE POLICIES 20
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Local Roads and Drainage Programme Mar-13
ASHGHAL BUILDING & ENGINEERING WORKS
5 AUTHORITY’S OBLIGATIONS 20
5.1 FACILITIES, INFORMATION AND SERVICES 20

5.2 RIGHT OF ACCESS TO THE SITE 21
5.3 THE ENGINEER 22
5.4 INSTRUCTIONS 22
5.5 ENGINEER’S DECISION 23
5.6 ENGINEER'S EVALUATION 24
6 CONTRACTOR’S OBLIGATIONS 24
6.1 CONTRACTOR’S GENERAL OBLIGATIONS 24

6.2 AUTHORITY PROVIDED FACILITIES, INFORMATION AND SERVICES 24
6.3 FACILITIES, INFORMATION AND SERVICES DISCREPANCIES 25
6.4 ROYALTIES, FOSSILS AND ANTIQUITIES 25
6.5 UNFORESEEABLE PHYSICAL EVENTS 26
6.6 LOCAL OFFICE 26
6.7 CONTRACTOR’S FACILITIES 26
6.8 PERMITS, APPROVALS, LICENSES 26
6.9 CONTRACTOR'S EQUIPMENT 26
6.10 ELECTRICITY, WATER AND GAS 26
6.11 AUTHORITY'S EQUIPMENT AND FREE-ISSUE MATERIAL 27
6.12 SETTING OUT 27
6.13 RIGHTS OF WAY AND FACILITIES 28
6.14 TRANSPORTATION OF GOODS 28
6.15 QUALITY MANAGEMENT 28
6.16 HEALTH, SAFETY AND SECURITY MANAGEMENT 29
6.17 ENVIRONMENTAL MANAGEMENT 30
6.18 RECORDS AND PROGRESS REPORTING 31
7 CONTRACTOR’S DOCUMENTS 31
7.1 SUFFICIENCY OF CONTRACTOR’S DOCUMENTS 31

7.2 CONTRACTOR'S UNDERTAKING AND WARRANTIES 32
7.3 PERSONAL FAVOUR 32
7.4 CHANGES TO THE APPLICABLE CODES AND STANDARDS AND LAWS 32
7.5 QATARI PREFERENCE REQUIREMENTS 33
7.6 GOVERNMENT COMPLIANCE 33
7.7 CONTRACTOR’S DOCUMENTS 33
7.8 REVIEW OF CONTRACTOR'S DOCUMENTS 34
7.9 CARE AND SUPPLY OF CONTRACTOR'S DOCUMENTS 36
7.10 AS-BUILT DOCUMENTS 36
7.11 TRAINING 36
7.12 OPERATION AND MAINTENANCE MANUALS 37
7.13 MAINTENANCE OF RECORDS, INSPECTION AND AUDIT 37
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8 PROGRAMME 38
8.1 PROGRAMME TIME 38

8.2 MASTER PROGRAMME AND BASELINE PROGRAMME 38
8.3 RATE OF PROGRESS 39
8.4 ACCELERATION 39
8.5 EARLY WARNING 40
9 EXECUTION OF THE WORKS 41
9.1 CONTRACTOR’S EXECUTION. 41

9.2 CONTRACTOR'S CARE OF THE WORKS 42
9.3 CO-ORDINATION WITH THIRD PARTIES 42
9.4 CONTRACTOR'S OPERATIONS ON SITE 43
9.5 AVOIDANCE OF INTERFERENCE 43
9.6 ACCESS ROUTE 43
10 CONTRACTOR’S PERSONNEL 44
10.1 CONTRACTOR’S REPRESENTATIVE 44

10.2 CONTRACTOR'S SUPERINTENDENCE 44
10.3 CONTRACTOR'S PERSONNEL 44
10.4 FACILITIES FOR STAFF AND LABOUR 45
10.5 DISORDERLY CONDUCT 46
10.6 QATARI PERSONNEL 46
10.7 ASSIGNMENT, SUB-CONTRACTORS AND SUPPLIERS 46
10.8 RESPONSIBILITY FOR CONTRACTOR’S PERSONNEL 47
10.9 NOMINATED SUB-CONTRACTORS 47
11 PLANT, MATERIALS AND WORKMANSHIP 48
11.1 MANNER OF EXECUTION 48

11.2 SAMPLES, MOCK-UPS AND ANIMATIONS 48
11.3 INSPECTION 48
11.4 TESTING 49
11.5 REJECTION 50
11.6 REMEDIAL WORK 51
11.7 OWNERSHIP OF PLANT AND MATERIALS 51
12 COMMENCEMENT AND COMPLETION 52
12.1 EFFECTIVE DATE AND COMMENCEMENT 52

12.2 TIME FOR COMPLETION 53
12.3 DELAYS TO COMPLETION 53
12.4 DELAYS CAUSED BY THIRD PARTIES 54
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13 TESTS ON COMPLETION 54
13.1 PROCEDURES 54
13.2 EVALUATION OF RESULTS 54
13.3 DELAYED TESTS 55
13.4 RETESTING 55
13.5 FAILURE TO PASS TESTS ON COMPLETION 56
14 TAKING OVER AND DEFECTS 56
14.1 TAKING-OVER OF THE WORKS AND SECTIONS 56

14.2 DEEMED TAKING-OVER AND DEEMED COMPLETION 57
14.3 TAKING-OVER OF PARTS OF THE WORKS 58
14.4 COMPLETION OF OUTSTANDING WORK AND REMEDYING DEFECTS 58
14.5 COST OF REMEDYING DEFECTS 58
14.6 EXTENSION OF MAINTENANCE PERIOD 58
14.7 FAILURE TO REMEDY DEFECTS 59
14.8 REMOVAL OF DEFECTIVE WORK 59
14.9 FURTHER TESTS 59
14.10 RIGHT OF ACCESS 59
14.11 CONTRACTOR TO INVESTIGATE 60
14.12 MAINTENANCE CERTIFICATE 60
14.13 CLEARANCE OF SITE 60
15 PAYMENT 60
15.1 PAYMENT AMOUNT 60

15.2 ADVANCE PAYMENT 61
15.3 PAYMENT 61
15.4 PAYMENT OF RETENTION 62
15.5 INTERFERENCE BY THE ENGINEER OR AUTHORITY 63
15.6 TAXES, PENALTIES AND FINES 63
15.7 PRELIMINARY FINAL ACCOUNT 63
15.8 APPLICATION FOR FINAL PAYMENT 64
15.9 DISCHARGE 64
15.10 CESSATION OF AUTHORITY'S LIABILITY 65
16 VARIATIONS 65
16.1 GENERAL 65
16.2 VARIATIONS 65
16.3 CONTRACTOR’S CLAIMS 68
16.4 FORCE MAJEURE 69
16.5 IMPACT ASSESSMENT 71
16.6 AUTHORITY’S CLAIMS 72
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17 RISK AND RESPONSIBILITY 73
17.1 WARRANTED PROJECT DATA 73

17.2 INDEMNITY IN RESPECT OF PROJECT DATA 74
17.3 AUTHORITY’S RISKS 74
17.4 AUTHORITY’S INDEMNITY 75
17.5 AUTHORITY’S ASSISTANCE 75
17.6 CONTRACTOR’S INDEMNITY 76
18 DEFAULT, PENALTIES AND LIMIT OF LIABILITY 76
18.1 NOTICE TO CORRECT 76

18.2 DEFAULT EVENTS 77
18.3 PENALTIES 78
18.4 KEY PERFORMANCE INDICATORS 79
18.5 LIMITS OF LIABILITY 80
18.6 CONFLICT OF INTEREST 80
19 SUSPENSION AND TERMINATION 80
19.1 SUSPENSION 80
19.2 CONSEQUENCES OF SUSPENSION 81
19.3 PAYMENT FOR PLANT AND MATERIALS IN EVENT OF SUSPENSION 82
19.4 RESUMPTION OF WORK 82
19.5 TERMINATION 82
19.6 ACTION UPON TERMINATION 82
19.7 TERMINATION PAYMENT 85
20 SETTLEMENT OF DISPUTES 85
20.1 DISPUTE 85
20.2 AMICABLE SETTLEMENT 86
20.3 EXPERT’S DECISION 86
20.4 REFERENCE TO COURTS 87
20.5 ARBITRATION 88
SCHEDULES TO THE WORK ORDER 89
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ASHGHAL WORK ORDER
1 GENERAL PROVISIONS
1.1 Definitions
In this Work Order, the following words and expressions shall have the meanings stated.
1.1.1 “Acceleration Award” means a confirmation issued by the Engineer pursuant to Sub-
clause 8.4 [Acceleration] for the implementation of a supplemental, but integral,
agreement to the Work Order the price of which shall be added to the Work Order Price.
1.1.2 “Advance Payment Guarantee” means the guarantee to be provided to the Authority by
the Contractor pursuant to Sub-clause 3.3 [Advance Payment Guarantee] in the specimen
form provided in Schedule G [Other Documents].
1.1.3 “Appendix I [Work Order Particulars]” means the document so titled forming part of the
Work Order Documents.
1.1.4 “Applicable Codes and Standards” means those codes, regulations, technical
specifications and standards as referenced in the Project Specification as are applicable
to the Works at the Base Date.
1.1.5 “Annex I [Framework Contract Particulars]” means the document so titled forming part
of the Framework Contract documents.
1.1.6 “As-Built Documents” means the documents described in Sub-clause 7.10 [As-Built
Documents], as more specifically described in the Project Specification.
1.1.7 “Association Agreement” means the statutory documents that bring about the existence
of the Contractor (as a commercially registered association of more than one party).
1.1.8 “Authorised Persons” means those persons authorised to have unaccompanied access
to the Site, including persons from among the Contractor’s Personnel and may include
any of the following categories of persons as notified by the Engineer to the Contractor
from time to time:
A. the Engineer’s Personnel;
B. the Authority and any of its personnel;
C. any other personnel notified to the Contractor by the Engineer.
1.1.9 “Authority” means the Public Works Authority (Ashghal) of the State of Qatar whose
Representative is the President or authorised delegate.
1.1.10 “Authority's Equipment” means the apparatus, machinery and vehicles which may be
made available by the Authority for use by the Contractor in the execution of the Works
pursuant to Sub-clause 6.11 [Authority’s Equipment and Free-Issue Material] but shall not
include Plant which has not been taken over by the Authority.
1.1.11 “Base Date” means the date identified as the Base Date in Annex I [Framework Contract
Particulars] of the Framework Contract.
1.1.12 “Baseline Programme” means the detailed programme and explanatory narrative
submitted by the Contractor to the Engineer, for the carrying out and completion of the
Works in accordance with the requirements of the Work Order.
1.1.13 “Clause” means any clause of the Conditions of Contract and the term "Clauses" shall be
construed accordingly. “Sub-clause” means any sub-clause of the Conditions of Contract
and the term "Sub-clauses" shall be construed accordingly.
1.1.14 “Collateral Warranty” means the collateral warranty to be provided to the Authority by the
Contractor pursuant to Sub-clause 3.6 [Collateral Warranties] in the specimen form
provided in Schedule 6 [Other Documents for Framework Contract].
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ASHGHAL WORK ORDER
1.1.15 “Commencement Date” means the date identified as the Commencement Date in
Appendix I [Work Order Particulars].
1.1.16 “Completion Certificate” means the certificate issued in accordance with Sub-clause
14.1.2 [Completion of the Works].
1.1.17 “Completion Date” means the date stated in the Completion Certificate or the date on
which the Completion Certificate is deemed issued in accordance with Sub-clause 14.1
[Taking-Over of the Works and Sections].
1.1.18 “Conditions of Contract” means these General Conditions of Contract as amended or
supplemented by the Particular Conditions to the Work Order that together form part of
the Work Order Documents.
1.1.19 “Contractor” means the party or parties identified as the Contractor in the Memorandum
of Contract acting jointly and severally when the context requires together with their
permitted Representatives, successors or assigns, as the case may be.
1.1.20 “Contractor's Documents” means all of the documents, samples, calculations, software,
animations, renderings, mock-ups, models and the like without limitation, whether in hard
copy or electronic form, prepared by or on behalf of the Contractor, to be provided by the
Contractor in accordance with the Work Order Documents for the planning, programming,
design (to the extent specified in the Work Order), supervision, construction,
commissioning, testing, operating, maintenance of the Works and the remedying of any
defects in the Works, including, where applicable:
A. the design documents, being without limitation any and all of the calculations, design
statements, design documents, software, plans, maps, reports, computer records,
drawings, procedures, manuals, models and other documents, whether in hard copy
or electronic form prepared by or on behalf of the Contractor under or in connection
with the Work Order for the proper execution and completion of the Works and the
remedying of defects in the Works;
B. the documents described in Sub-clause 6.15 [Quality Management], Sub-clause 6.16
[Health, Safety and Security Management], Sub-clause 6.17 [Environmental
Management], Sub-clause 6.18 [Records and Progress Reporting], Sub-clause 7.7
[Contractor’s Documents], Sub-clause 7.8 [Review of Contractor's Documents], Sub-
clause 7.10 [As-Built Documents] and Sub-clause 7.12 [Operation and Maintenance
Manuals]; and
C. any other documents which are to be submitted by the Contractor as described in the
Project Specification and the other requirements stated in the Work Order.
1.1.21 “Contractor's Equipment” means, irrespective of ownership, all plant, facilities,
temporary structures and accommodation, equipment, tools, appliances, all apparatus,
machinery, vehicles and other things required for the execution and completion of the
Works (which includes the remedying of any defects in the Works), imported or locally
supplied, but excludes Temporary Works, the Authority’s Equipment (if any), Plant,
Materials and any other things intended to form or forming part of the Permanent Works.
1.1.22 “Contractor's Personnel" means the Contractor's Representative and all personnel
whom the Contractor utilises in the execution and completion of the Works and the
remedying of the defects in the Works, which may include the personnel, labour and other
employees of the Contractor, its sub-contractors, suppliers and / or agents (of any tier)
including any such replacements; and any other personnel assisting the Contractor,
including any such replacements in the execution and completion of the Works and the
remedying of defects in the Works under the Work Order.
1.1.23 “Contractor's Representative” means that person appointed from time to time by the
Contractor pursuant to Sub-clause 10.1 [Contractor's Representative], to represent and
bind the Contractor on all matters subject to and in accordance with the Work Order.
ASHGHAL WORK ORDER
1.1.24 “Cost” means expenditure reasonably and properly incurred by the Contractor in relation
to its performance of its obligations under the Work Order, whether on or off the Site,
including relevant overhead charges but excluding any allowances or contingencies for
the Contractor's profit (or loss of profit) or the assumption of any risk; of which such Cost
shall be quantified and evaluated pursuant to Sub-clause 16.5.4 [Valuation Rules].
1.1.25 “Days” means calendar days including weekends and public holidays.
1.1.26 “Department of General Financial Affairs of the Ministry of Economy and Finance”
means that so titled department within the Government, or its successors.
1.1.27 “Determination” means the written decision of the Engineer, pursuant to Sub-clause 20.1
[Dispute], on a matter of Dispute arising under the Work Order.
1.1.28 “Dispute” means a formal disagreement between the Parties arising under the Work
Order as formalised and brought into existence by the issuance of a Notice of
Dissatisfaction.
1.1.29 “Engineer” means the person appointed from time to time in accordance with Sub-clause
5.3, [The Engineer], to represent the Authority on all matters subject to and in accordance
with the Conditions of Contract.
1.1.30 “Evaluation” means the Engineer’s written evaluation pursuant to Sub-clause 5.6
[Engineer's Evaluation].
1.1.31 “Expert” means the person appointed and named as such in the Work Order pursuant to
Sub-clause 20.3 [Expert’s Decision]
1.1.32 “Facilities, Information and Services” means those facilities, information and services
supplied to the Contractor by the Authority pursuant to Sub-clause 5.1 [Facilities,
Information and Services].
1.1.33 “Final Account” means the statement to be delivered by the Contractor to the Engineer in
accordance with Sub-clause 15.7 [Preliminary Final Account] and in accordance with Sub-
clause 15.8 [Application for Final Payment] representing the amount calculated as the due
consideration for full and final settlement in relation to the discharge of all of the
Contractor’s obligations under the Work Order, less adjustments for any amounts
otherwise due to the Authority.
1.1.34 “Force Majeure” means an exceptional event or circumstance as described in Sub-clause
16.4 [Force Majeure] as constituting Force Majeure.
1.1.35 “Framework Contract” means the framework contract entered into between the Authority
and the Contractor in respect of the Programme.
1.1.36 “Free-Issue Materials” means those materials so defined in Sub-clause 6.11.3.
1.1.37 “General Conditions of Contract” means this document so titled forming part of the
1.1.38 “Good Engineering and Construction Practices” means the most up to date
international engineering and construction practices, methods, standards and acts in
respect to the planning, programming, design (to the extent specified in the Work Order),
supervision, construction, commissioning, testing, operating, maintenance and remedying
of defects of works with characteristics comparable to those of the Works, including the
location and the execution of the Works:
A. in a sound and workmanlike manner, with skill, care and diligence and applying
accepted engineering, construction and management practices, codes and
procedures;
B. with due expedition and without delay;

ASHGHAL WORK ORDER
C. using appropriate internationally accepted standards for materials and workmanship

applicable to works having characteristics comparable to those of the Works;
D. with materials and workmanship suitable for their respective purpose and properly
certified where appropriate; and
E. employing mitigation measures to maintain the Baseline Programme obligations as a
matter of course.
1.1.39 “Goods” means Contractor's Equipment, Materials, Plant and Temporary Works, or any of
them as appropriate.
1.1.40 “Government” means the government of the State of Qatar as represented by ministries,
departments, agencies and the like.
1.1.41 “Impact Assessment” means the document submitted by the Contractor to the Engineer
satisfying the requirements under Sub-clause 16.5 [Impact Assessment] providing a fully
detailed review, assessment, justification, and where applicable substantiation of the time
and / or cost impact arising out of an event.
1.1.42 “Insurer” or “Insurers” shall mean an insurer or insurers registered and regulated in the
State of Qatar.
1.1.43 “Insured Party” shall mean, in respect of the insurance to be obtained by a Party: the
Authority and its agents, and the Contractor and its sub-contractors of any tier and the
term "Insured Parties" shall be construed accordingly.
1.1.44 “Insuring Party" shall mean, for each type of insurance, the Party responsible for
effecting and maintaining the relevant insurance specified in this Clause 4 [Insurances]
and in Schedule E [Insurances].
1.1.45 “Intellectual Property Rights” means any and all rights and interests in registered or
unregistered trademarks, service-marks, patents, registered designs, utility marks,
applications for any of the foregoing, copyrights, unregistered designs, inventions,
confidential information, know-how or other intellectual property (whether in written form,
or generated by or maintained on a computer or similar system or otherwise) subsisting in
or relating to documents and the like prepared at any time relating to the Works or
subsisting in or relating to the design (to the extent specified in the Work Order), execution
and completion of the Works.
1.1.46 “Key Date” means the date stated in Appendix I [Work Order Particulars], as may be
extended from time to time in accordance with the Conditions of Contract, by which
performance of a Key Stage shall be attained.
1.1.47 “Key Performance Indicators” means those performance indicators of the Contractor's
performance as identified in Schedule 5 [Schedule of Rates and Key Performance
indicators], Part C [Key Performance Indicators] of the Framework Contract.
1.1.48 “Key Personnel” means those of the Contractor’s personnel identified as Key Personnel
in Schedule C [Resource Schedules].
1.1.49 “Key Stage(s)” means any of the stages of the Works specifically defined as Key Stages
in Schedule A [Project Specification].
1.1.50 “Law(s)” means all national or public legislation, decrees, ordinances, rules and
regulations relevant to the Works and / or the Project as issued and in force within the
State of Qatar.
1.1.51 “Maintenance Certificate” means the maintenance certificate issued in accordance with
Sub-clause 14.12 [Maintenance Certificate].

ASHGHAL WORK ORDER
1.1.52 “Maintenance Period” means the period for notifying defects in the Works or Section, as
the case may be, as stated in Sub-clause 14.4 [Completion of Outstanding Work and
Remedying Defects], commencing on the Taking-Over Date in respect of the Works or
Section, as the case may be, and expiring upon completion of the duration for
Maintenance Period as stated in Appendix I [Work Order Particulars] (calculated as
commencing from the Completion Date), as may be extended under Sub-clause 14.6
[Extension of Maintenance Period].
1.1.53 “Master Programme” means the high level programme, associated narrative and
resourcing schedules contained in Schedule C [Resource Schedules] representing the
activity time plan and necessary resources for the execution and completion of the Works
under the Work Order as at the date the Work Order is executed by the Parties.
1.1.54 “Materials” means things of all kinds (other than Plant) intended to form or forming part of
the Permanent Works, including the free issue materials (if any) supplied to the Contractor
under the Work Order.
1.1.55 “Materials Guarantee” means the materials guarantee to be provided to the Authority by
the Contractor pursuant to Sub-clause 3.5 [Materials Guarantee] in the specimen form
provided in Schedule G [Other Documents].
1.1.56 “Mechanical Completion Certificate” means a certificate issued by the Engineer in
accordance with Sub-clause 11.4 [Testing].
1.1.57 “Memorandum of Contract” means the document so titled forming part of the Work
Order Documents.
1.1.58 “Nominated Sub-contractor(s)” means any sub-contractor or supplier which from time to
time the Engineer, under Sub-clause 10.9 [Nominated Sub-contractors] and Clause 16
[Variations] may instruct the Contractor to employ as a sub-contractor or supplier, as the
case may be.
1.1.59 “Notary Public” means a public official who is legally empowered to carry out the
attesting of signatures and certification of a document’s validity. If the said document is
authenticated / attested outside the State of Qatar it shall also be authenticated / attested
by the Qatari Embassy in the country where such document was notarised.
1.1.60 “Notice of Dissatisfaction” means the written notice issued by a Party to the other Party
which brings about the existence of a Dispute arising under the Work Order and which
shall be resolved pursuant to Clause 20 [Settlement of Disputes].
1.1.61 “Operation and Maintenance Manuals” means the operation and maintenance manual
documents described in Sub-clause 7.12 [Operation and Maintenance Manuals], as more
specifically described in the Project Specification.
1.1.62 “Particular Conditions to the Work Order” means the document so titled forming part of
the Work Order Documents.
1.1.63 “Party” means the Authority or the Contractor, as the context requires, and the term
“Parties” means together the Authority and the Contractor.
1.1.64 “Penalty” means those fixed punitive amounts identified in Appendix I [Work Order
Particulars] to be paid by the Contractor to the Authority in the event of a default of the
specified duties by the Contractor.
1.1.65 “Performance Guarantee” means the performance guarantee to be provided to the
Authority by the Contractor pursuant to Sub-clause 3.2 [Performance Guarantee] in the
specimen form provided in Schedule G [Other Documents].
1.1.66 “Performance Levels” means the levels of performance to be attained by elements of the
Works as specified in the Project Specification.

ASHGHAL WORK ORDER
1.1.67 “Permanent Works” means all permanent works forming part of the Works to be
designed (to the extent specified in the Work Order) and executed and completed by the
Contractor under the Work Order as described in the Project Specification and the
remedying of any defects in the Permanent Works.
1.1.68 “Plant” means the apparatus, machinery and vehicles intended to form or forming part of
the Permanent Works.
1.1.69 “Preliminary Tests” means the preliminary tests to be performed by the Contractor set
out in Schedule A [Project Specification].
1.1.70 “President” means the president of the Authority so formally titled.
1.1.71 “Prime Cost Sum” means a sum (if any) specified in Schedule B [Payment Schedules] as
a Prime Cost Sum, for the execution of any part of the Works or for the supply of Plant,
Materials or services pursuant to Sub-clause 16.2.5 [Provisional Sums and Prime Cost
Sums].
1.1.72 “Profit” means the percentage allowance of the Contract Price for profit as identified in
Appendix I [Work Order Particulars].
1.1.73 “Programme” means the programme as described in Annex I [Framework Contract
Particulars] of the Framework Contract.
1.1.74 “Project” means the project as described in Schedule A [Project Specification].
1.1.75 “Project Data” means all data relating to the Project as identified as Project Data in
Schedule A [Project Specification] but excluding Warranted Project Data.
1.1.76 “Project Specification” means the project specification that comprises:
A. the specification as identified and referred to in Schedule 1 [Framework Contract
Specification] of the Framework Contract; in addition to
B. the project specification as identified and referred to in Schedule A [Project
Specification],
and which together comprise the 'Project Specification' for the purposes of the Work
Order, as may be amended from time to time in accordance with the Conditions of
Contract.
1.1.77 “Provisional Sum” means a sum (if any) which is specified in the Schedule B [Payment
Schedules] as a Provisional Sum, for the execution of any part of the Works pursuant to
Sub-clause 16.2.5 [Provisional Sums and Prime Cost Sums].
1.1.78 “Public Official” means that party as defined in Sub-clause 1.4.2.
1.1.79 “Qatar Chamber of Commerce and Industry” means that governmental entity so titled,
or its successors.
1.1.80 “Qatar International Centre for Commercial Arbitration” means that entity so titled and
established by the Qatar Chamber of Commerce and Industry, or its successor.
1.1.81 “Representative(s)” means that person retaining the lawfully granted power of attorney
sufficient to bind that Party represented.
1.1.82 “Retention Guarantee” means the retention guarantee to be provided to the Authority by
the Contractor pursuant to Sub-clause 3.4 [Retention Guarantee] in the specimen form
1.1.83 “Risk Register” means a register of the risks which are listed in the Schedule C
[Resource Schedules] and the other risks which the Contractor has notified as an early
warning pursuant to Sub-clause 8.5 [Early Warning]. This register shall include a
description of the risks and the Engineer’s decision as to the actions which are to be
taken, and by whom, to eliminate or reduce such risks.
ASHGHAL WORK ORDER
1.1.84 “Schedule” means the documents so prefixed attached to the General Conditions of
Contract as identified in Sub-clause 2.1 [Work Order Documents] and forming part of the
1.1.85 “Schedule of Rates” has the same meaning in the Work Order as it does in the
Framework Contract.
1.1.86 “Section” means any of the sections of the Works specifically identified in Schedule A
[Project Specification].
1.1.87 “Site” means the places where the Permanent Works are to be executed and to which
Plant and Materials are to be delivered, and any other places as may be specified in the
Work Order as forming part of the Site.
1.1.88 “Taking-Over Certificate” means the taking-over certificate issued in accordance with
Sub-clause 14.1.1 [Taking-Over of Sections].
1.1.89 “Taking-Over Date” means in respect of the Works or a Section as the case may be, the
date on which the Works or a Section is completed as identified in the Taking-Over
Certificate or the date on which the Taking-Over Certificate is deemed issued for the
Works or a Section in accordance with Sub-clause 14.2 [Deemed Taking-Over and
Deemed Completion].
1.1.90 “Temporary Works” means all temporary works of every kind (other than Contractor's
Equipment) required on the Site for the execution and completion of the Permanent Works
and the remedying of any defects in the Permanent Works. The Temporary Works shall
not be incorporated in to nor form part of the Permanent Works.
1.1.91 “Test(s) on Completion” means the tests described as the Tests on Completion as
described in the Project Specification, or instructed by the Engineer, and which are carried
out in accordance with Clause 13 [Tests on Completion] before the Works or a Section, as
the case may be, are taken over by the Authority.
1.1.92 “Third Party” or “Third Parties” means, without limitation:
A. any contractor engaged by the Authority on the Project or for the purposes of the
Authority’s activities, other than the Contractor;
B. any consultant, other than the Engineer, engaged by the Authority for the purposes of
the Authority’s activities; and
C. any interfacing contractor, consultant or stakeholder (including utility companies,
Government departments, ministries, agencies and the like) with whom the Contractor
has an obligation under the Work Order or a duty at Law to co-ordinate its activities
with.
1.1.93 “Time for Completion” means the Time for Completion for the Works, a Section, or a Key
Stage, as the case may be, under Sub-clause 12.2 [Time for Completion], as stated in
Appendix I [Work Order Particulars], as may be extended from time to time in accordance
with the Conditions of Contract.
1.1.94 “Unforeseeable” means:
A. not predictable at the Base Date by a contractor exercising Good Engineering and
Construction Practices; and
B. in the case of hydrological or meteorological events any event with an average
recurrence interval of greater than one hundred (100) years.
1.1.95 “Variation” means any change or amendment without limitation to any document
constituting the Work Order or to the Works which is instructed by the Engineer pursuant
to Sub-clause 16.2 [Variations].

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1.1.96 “Variation Order” means the formal instruction, from the Engineer to the Contractor to
implement a Variation.
1.1.97 “Vesting Agreement” means the vesting agreement to be provided to the Authority by the
Contractor pursuant to Sub-clause 3.5 [Materials Guarantee] in the specimen form
1.1.98 “Warranted Project Data” means the data relating to the Project as identified as
Warranted Project Data in Schedule A [Project Specification].
1.1.99 “Wilful Misconduct” means an act that is taken consciously and with the intent (based on
the individual's awareness and knowledge of existing circumstances and conditions) to
cause personal injury or damage to property.
1.1.100 “Work Order” means the contract entered into between the Authority and the Contractor
comprising the documents listed in Sub-clause 2.1.1 of the General Conditions of
Contract, which together means the “Work Order” as executed by the Parties.
1.1.101 “Work Order Documents” means the documents listed in Sub-clause 2.1.1 of the
General Conditions of Contract and which together form the “Work Order”. The term
“Work Order Document” means any one of the Work Order Documents.
1.1.102 “Work Order Price” means the amount detailed in Schedule B [Payment Schedules] for
the design (to the extent specified in the Work Order), execution and completion of the
Works and the remedying of any defects in the Works, subject to such adjustments as
may be made pursuant to the Conditions of Contract, excluding any and all allowances for
Provisional Sums and Prime Cost Sums.
1.1.103 “Works” means all works, whether of a permanent or temporary nature (including the
Goods) necessary for the achievement of the Project.
1.2 Interpretation
1.2.1 The section headings, marginal words and other headings in the Work Order shall not be
taken into consideration in the interpretation of the Conditions of Contract.
1.2.2 Except where the context shows otherwise, words in the singular shall also mean in the
plural and vice-versa and words in one gender shall also mean all genders.
1.2.3 Clauses including the word “agree” or “agreed” shall require the agreement to be
recorded in writing, and signed by the Engineer and the Contractor’s Representative.
1.2.4 Reference to “including” and “include(s)” shall not be construed restrictively but means
“including but not limited to” and “include(s) but not be limited to” respectively.
1.2.5 All references to “instruction” by the Engineer means and requires such instruction to be
issued pursuant to Sub-clause 5.4 [Instructions].
1.2.6 “written” or “in writing” means, type-written, printed or electronically made and resulting
in a permanent record including: without limitation communications via e-mail and
facsimile transmission and shall constitute written communications for the purposes of the
Work Order.
1.2.7 All references to “agent” means any party with a contractual relationship with a Party
carrying out activities or obligations on behalf of that Party.
1.2.8 All references to “risk” shall not be construed restrictively but shall include all risks
whether time, cost, quality, contractual or legal obligations, political or otherwise.
1.2.9 Any reference to “sub-contractor” means any sub-contractor or supplier of any tier.
1.2.10 Any reference to “termination of the Contractor’s employment under the Work Order”
shall not be construed as termination of the Work Order contract itself, which in all cases
will subsist.

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1.3 Joint and Several Liability

1.3.1 If the Contractor constitutes a joint venture, consortium or other grouping of two or more
entities:
A. these entities shall be deemed to be jointly and severally liable to the Authority for the
performance of the Contractor’s obligations under the Work Order; and
B. these entities shall notify the Authority of their leader who shall have authority to bind
the Contractor and each of these entities.
1.3.2 The Contractor shall not alter its composition or legal status without the prior written
authorisation of the Authority.
1.4 Corruption and Fraud
1.4.1 Each Party hereby represents, warrants and covenants to the other Party that they will
neither receive nor offer, pay or promise to pay either directly or indirectly, bribes, gifts,
commissions, considerations, inducements or rewards to a Public Official (as defined in
Sub-clause 1.4.2) in connection with any business opportunities which may be in
connection with the Work Order. Furthermore, in the event that a Party receives a request
from any Public Official requesting payments, bribes, gifts, commissions, considerations,
inducements or rewards that Party shall not entertain such request and without delay
disclose such to the other Party immediately in writing with full particulars.
1.4.2 A Public Official is any official or employee of any agency of the Authority or a
Government owned or controlled enterprise or ministry.
1.4.3 Failure to comply with the requirements of Sub-clause 1.4.1 by the Contractor shall entitle
the Authority, pursuant to sub-clause 19.5 [Termination], to terminate the Contractor's
employment under the Work Order with immediate effect and without compensation in any
form whatsoever.
1.5 Independent Contractor
1.5.1 The Contractor shall be an independent contractor performing the Work Order. The Work
Order does not create any, partnership, joint venture or other joint relationship between
the Authority on the one hand and the Contractor on the other hand.
2 THE WORK ORDER

2.1 Work Order Documents
2.1.1 The following documents constitute the Work Order and shall be taken as mutually
explanatory of one another. For the purposes of interpretation if there is a conflict,
ambiguity or discrepancy between these documents, the order of precedence shall be as
follows:
A. Memorandum of Contract;
B. Particular Conditions to the Work Order;
C. General Conditions of Contract;
D. Appendix I [Work Order Particulars];
E. Project Specification, which shall comprise the following:
(i) Schedule A: Project Specification; and
(ii) Schedule 1 [Framework Contract Specification] of the Framework Contract;
(iii) Schedule 2 [Resource Schedules] of the Framework Contract;
(iv) Schedule 5 [Schedule of Rates and Key Performance indicators];
ASHGHAL WORK ORDER
F. Schedule B: Payment Schedules;

G. Schedule C: Resource Schedules;
H. Schedule D: Representatives of the Parties for the Purposes of Amicable Settlement;
I. Schedule E: Insurances;
J. Schedule F: Access to Site; and
K. Schedule G: Other Documents.
2.1.2 If there exists any conflict, ambiguity or discrepancy within the Work Order Documents
which cannot be resolved by applying Sub-clause 2.1.1 the Party discovering such
inconsistency shall notify the other Party upon discovery. The Engineer shall, in
accordance with Sub-clause 5.4 [Instructions] issue an instruction or amendment
resolving such conflict, ambiguity or discrepancy and the Contractor shall give effect to
such instruction immediately at no cost to the Authority.
2.1.3 The Work Order is to be executed in triplicate by the Representatives of the Parties and
marked, ‘Original’, ‘Duplicate-1’ and ‘Duplicate-2’, of which the document marked ‘Original’
shall prevail: each page of the Work Order Documents shall be initialled and stamped by
the duly authorised representatives of the Parties.
Following execution of the Contract by the Parties the Authority shall retain the documents
marked ‘Original’ and ‘Duplicate-1’ and shall issue the document marked ‘Duplicate-2’ to
the Contractor.
2.1.4 The Work Order shall come into effect on the date the Work Order is executed by the
Parties. Notwithstanding such, the Authority shall not be obliged to make any payments to
the Contractor under the Work Order unless and until the Contractor has delivered the
following to the Authority:
A. the Contractor’s power of attorney, duly notarised by a Notary Public, empowering the
signatory to the Work Order and such other documents executed pursuant to Clause 3
[Contractor's Guarantees] to execute and legally bind the Contractor;
B. where the Contractor is an association, the duly executed, and non-objected by the
Engineer or Authority, copy of the Association Agreement;
C. the Performance Guarantee, in accordance with Sub-clause 3.2 [Performance
Guarantee];
D. the Parent Company Guarantee(s), if applicable, in accordance with Sub-clause 3.2
[Parent Company Guarantee] of the Framework Contract;
E. evidence that the insurances described in Clause 4 [Insurances] as being provided by
the Contractor shall come into full force and effect from the Commencement Date;
F. the Engineer’s prior non-objection of the following Contractor’s Documents:
(i) preliminary ‘Quality Management System’ pursuant to Sub-clause 6.15.2;
(ii) preliminary ‘Health, Safety and Security Management System’ pursuant to Sub-
clause 6.16.2;
(iii) preliminary ‘Construction Environmental Management System’ pursuant to Sub-
clause 6.17.2;
(iv) preliminary ‘Reporting System’ pursuant to Sub-clause 6.18.3;
(v) Baseline Programme and associated narrative pursuant to Sub-clause 8.2.1.
Sub-clause 2.1.4 F shall not apply in relation to Advance Payment applications and
payments.

ASHGHAL WORK ORDER
2.2 Entire Agreement

2.2.1 The Work Order constitutes the entire agreement between the Parties in relation to all
matters contained herein, including all understandings, rights, responsibilities, duties, and
obligations and supersedes all prior arrangements, representations, communications,
negotiations, agreements and contracts (whether written or oral) made between or
entered into by the Parties with respect thereto prior to the date of the Work Order.
2.3 Severability
2.3.1 If any provision of the Work Order is held to be illegal, void or unenforceable in whole or in
part and deemed expunged from the Work Order, this shall not affect the validity, legality
or enforceability of any of the other provisions of the Work Order.
2.3.2 Notwithstanding Sub-clause 2.3.1, in the event that any provision or part of the Work
Order is held by any judicial or other competent authority to be illegal, void, or
unenforceable, the Engineer shall issue an instruction pursuant to Sub-clause 5.4
[Instructions].
2.4 Survival of Rights
2.4.1 The severable provisions of the Work Order which are by their nature intended to survive
the termination, cancellation, completion, or expiration of the Contractor’s employment or
the Work Order itself shall continue as valid and enforceable obligations of the Parties,
notwithstanding any such termination, cancellation, completion, or expiration.
2.5 Amendment
2.5.1 Without prejudice to the provisions of Clause 16 [Variations] hereinafter, no modification,
amendment, addendum or variation to the Work Order shall be effective or binding,
unless: made in writing; dated; expressly references the Work Order; and is signed by the
Representatives Parties.
2.6 Waiver
2.6.1 Non waiver
Subject to the provisions of Sub-clause 2.6.2 [Written Form], no relaxation, forbearance or
delay by either Party in enforcing the Conditions of Contract will prejudice, affect or restrict
the rights, responsibilities, and obligations of that Party nor shall any waiver by either
Party of any such rights, responsibilities, and obligations or, of any breach of the Work
Order be deemed to be a waiver of any other right or of any later or continuing breach of
the Work Order.
2.6.2 Written Form
Any waiver of a Party’s rights, responsibilities, obligations, powers, or remedies under the
Work Order must be in writing, dated and signed by the Representative of the Party
granting such waiver, and must specify the right and the extent to which the obligation is
being waived.

ASHGHAL WORK ORDER
2.7 Non-Objection
No agreement to any value engineering proposal pursuant to Sub-clause 16.2.3 [Value
Engineering] or non-objection, approval, opinion, decision, review, rejection, certificate,
consent, notice, request, direction, admission, approach, confirmation, comment,
sanction, acknowledgement, acceptance, advice or similar form of communication made
or given by or on behalf of the Authority, the Engineer, or any representative with
delegated authority from the Engineer, any of the Authorised Persons or any omission or
failure to perform any of the foregoing shall in any way relieve the Contractor from its
risks, obligations, duties, responsibilities or liabilities arising out of, under or in connection
with the Work Order or Law, nor shall such risks, obligations, duties, responsibilities or
liabilities be restricted in anyway, nor prejudice any of the Authority’s rights and remedies
arising out of, under or in connection with the Work Order.
2.8 Communications
2.8.1 Wherever the Work Order provides for the giving or issuing of non-objections, certificates,
consents, notices, requests or any other communications under or in connection with the
Work Order and the transfer of information of any kind whatsoever, these communications
shall be:
A. in Arabic or English as the circumstances require; and
B. in writing (against written confirmation of receipt); and
C. except where expressly stated otherwise, delivered, sent, or transmitted to the
address for the recipients stated in Appendix I [Work Order Particulars], or other such
addresses as notified during the currency of the Work Order.
2.8.2 All communications required in writing shall be delivered or transmitted by hand,
registered courier, or by electronic transmission to the addresses stated in Appendix I
[Work Order Particulars], or other such addresses as are notified during the currency of
the Work Order.
2.8.3 All communications required in writing and delivered by electronic transmission shall be
confirmed by being delivered in hard copy to the addresses stated in Appendix I [Work
Order Particulars], or other such addresses as notified during the currency of the Work
Order.
2.8.4 All such communications shall be deemed effective on the Day received.
2.8.5 Notwithstanding the provisions of Sub-clause 2.8.2, notices concerning penalties and
default (Clause 18 [Default, Penalties and Limit of Liability]), suspension (Sub-clause 19.1
[Suspension] to 19.4 [Resumption of Work]), termination (Sub-clause 19.5 [Termination])
and Disputes (Clause 20 [Settlement of Disputes]) shall be delivered by hand or
registered courier to the addresses stated in Appendix I [Work Order Particulars], or other
such addresses as notified during the currency of the Work Order, with a copy by
electronic transmission, and shall be communicated separately from other
communications. Such notices shall be deemed effective upon the date of receipt of the
hard copy. Only the received hard copy shall constitute the formal notice.
2.8.6 Either Party may change its postal, facsimile or e-mail address or addressee for the
purpose of this Sub-clause 2.8 [Communications] by giving ten (10) Days' notice to the
other Party in writing.
2.9 Governing Law and Language
2.9.1 The Work Order shall be governed by, interpreted, and construed in accordance with the
Laws.

ASHGHAL WORK ORDER
2.9.2 Where any part of a Work Order Document is drafted in both the Arabic and English
languages, if there is any conflict or inconsistency between the Arabic and English
language drafts, the Arabic language draft shall prevail and take precedence.
2.9.3 The primary language of the Project shall be English. All Project documents and
communications issued between the Parties shall be in English. Unless expressly notified
in advance by the Authority, all Project meetings shall be conducted in English, and
minutes of meetings shall be issued in English.
2.10 Confidentiality
2.10.1 The Work Order and all matters and details arising out of, under or in connection with the
Work Order shall be regarded as strictly private and confidential. Subject to Sub-clause
2.11 [Intellectual Property Rights], and except as may be required by Law or by legal
proceedings; government agency; an insurer under a policy of insurance issued pursuant
to the Work Order; or other contractors engaged by the Contractor for purposes in
connection with the Work Order (for which the Contractor shall notify the Engineer of such
disclosure):
A. no information contained within, arising from, or relating to, the Work Order shall be
disclosed to any other parties; and
B. no publication or transmission of any articles, photographs, illustrations or any other
information related to the Works or the Project shall be disseminated in any manner
whatsoever,
without the prior written authorisation of the Authority.
2.10.2 The Contractor warrants that:
A. its agents and relevant employees are fully aware of, and shall comply with, the terms
and conditions of this Sub-clause 2.10 [Confidentiality]; and
B. all sub-contract agreements and associated tendering documents contain or shall
contain no less onerous confidentiality obligations to those contained within this Sub-
clause 2.10 [Confidentiality],
and it shall enforce such arrangements.
2.10.3 The provisions of this Sub-clause 2.10 [Confidentiality] shall survive any expiry or
termination of the Work Order or termination of the Contractor’s employment under the
Work Order for a period of fifteen (15) years from the date of the Maintenance Certificate
for the whole of the Works under the Work Order.
2.11 Intellectual Property Rights
2.11.1 All Intellectual Property Rights in the Contractor's Documents prepared by (or on behalf
of) the Contractor shall vest in, and be assigned to, the Authority in perpetuity at no cost to
the Authority upon submission of such Contractor's Documents to the Engineer or the
Authority, as the case may be.
The Authority shall have the sole right to make use of the Contractor's Documents in any
way the Authority deems fit including making and using modifications (including
translations into other languages) and to combine and incorporate the Contractor's
Documents or such material from the Contractor's Documents with any other material.
The Contractor shall have no right to submit any claim whatsoever or howsoever arising
for such use except where expressly stated otherwise in the Work Order.
2.11.2 The vesting of Intellectual Property Rights referred to in Sub-clause 2.11.1 shall not apply
to the Contractor’s or others’ Intellectual Property Rights employed for the execution and
completion of the Works, or subsisting in the Contractor's Documents, but shall apply to
any Intellectual Property Rights first conceived by the Contractor solely at the request of
the Authority to be furnished as a Deliverable in the execution of the Works.
ASHGHAL WORK ORDER
The Authority shall protect the confidentiality of such unvested Intellectual Property
Rights, and in relation to in Sub-clause 2.11.3 the Authority shall, in respect to the
confidentiality of such Intellectual Property Rights, ensure that others to whom the
Authority grants a sub-license, transfer, novation or assignment shall comply like
obligations to those provided in Sub-clause 2.10 [Confidentiality].
2.11.3 In circumstances where Intellectual Property Rights cannot be vested in the Authority, the
Contractor grants to the Authority a perpetual, non-terminable, non-exclusive, royalty-free
license, to copy, use and communicate without restriction, including making and using
modifications (including translations into other languages) and to combine and incorporate
the Contractor's Documents or such material from the Contractor's Documents with any
other material in each case for any purpose. The license granted pursuant to this Sub-
clause 2.11.3 shall include the right to grant sub-licenses, transfer, novate to or assign for
the foregoing purposes on like terms to any person without further limitation and at no cost
to the Authority or any such person. This license shall:
A. entitle any person in possession of the relevant part of the Project, in the exercise of
their rights in respect of which the Project forms part to copy, use and communicate
the Contractor's Documents including making and using modifications of them for the
purposes of completing, operating, maintaining, altering, adjusting, repairing and
demolishing the Works or any Section; and
B. in the case of Contractor's Documents which are in the form of computer programmes
and other software, permit their use on any number and specification of computers on
the Project and other places as envisaged by the Work Order.
2.12 Authority’s Documents
2.12.1 As between the Parties, the Authority shall retain the Intellectual Property Rights in the
documents contained within the Project Specification and the other documents made by
(or on behalf of) the Authority pursuant to Sub-clause 5.1 [Facilities, Information and
Services] or otherwise.
2.12.2 The Contractor may, at its cost, copy, use and obtain communication of Authority
copyrighted documents solely for the purposes of the Work Order. Such copyrighted
documents shall not, without the Authority's express authorisation, be copied, used or
communicated to a third party by the Contractor, except as necessary for the purposes of
the Work Order, in which event the Contractor shall ensure that such third party shall be
bound by the same or no less onerous confidentiality and other obligations as the
Contractor is obligated under the Work Order.
2.13 Project Publications
2.13.1 The Contractor shall obtain the Authority’s prior written authorisation before publishing or
transmitting any articles, photographs, illustrations or any other information related to the
Project.
2.13.2 Subject to the provisions of Sub-clause 2.11 [Intellectual Property Rights] the Contractor
shall not have the benefit, directly or indirectly, of any royalty, gratuity, or commission in
respect of any patented or protected material or process used on or for the purpose of the
Work Order.
3 CONTRACTOR’S GUARANTEES
3.1 Guarantees
3.1.1 The guarantees provided pursuant to Sub-clauses 3.2 [Performance Guarantee], 3.3
[Advance Payment Guarantee], 3.4 [Retention Guarantee], 3.5 [Materials Guarantee] shall
be issued by a bank registered and operating in the State of Qatar formatted in the
specimen forms provided in Schedule G [Other Documents].
ASHGHAL WORK ORDER
The vesting agreements, collateral warranties, and extensions thereof, provided pursuant
to Sub-clauses 3.5 [Materials Guarantee], 3.6 [Collateral Warranties] and 3.7 [Extended
Warranties] shall be issued on the sub-contractor letterhead in the specimen form
3.1.2 The guarantees and warranties provided pursuant to this Clause 3 [Contractor’s
Guarantees] shall be, without exception, autonomous and independent in their
administration and function from the Work Order.
3.2 Performance Guarantee
3.2.1 Pursuant to Sub-clause 2.1.4, as a precondition to the Authority's obligation to make
payment to the Contractor under the Work Order the Contractor shall provide at its own
expense an irrevocable and unconditional on demand Performance Guarantee from a
bank who shall be jointly and severally bound with the Contractor to ten per cent (10%) of
the Work Order Price unless expressly stated otherwise in the Work Order Documents,
guaranteeing the due execution and completion of the Works under the Performance
Guarantee.
3.2.2 The Contractor shall ensure that such Performance Guarantee remains in full force and
effect until ninety (90) Days after the issue of the Maintenance Certificate whereupon the
Performance Guarantee shall be returned to the Contractor.
3.3 Advance Payment Guarantee
3.3.1 As a precondition to the invoicing of an advance payment request the Contractor shall
within twenty eight (28) Days of executing the Work Order provide at its own expense an
irrevocable and unconditional on demand Advance Payment Guarantee from a bank who
shall be jointly and severally bound with the Contractor in the amount stated in Appendix I
[Work Order Particulars].
3.3.2 The Contractor shall ensure that such Advance Payment Guarantee remains in full force
and effect until full repayment has been received by the Authority. In the event that the
Advance Payment Guarantee is forecasted to expire before full payment is realised and
the Contractor fails to extend the Advance Payment Guarantee within thirty five (35) Days
prior to the expiry, the Authority may, at its sole discretion, call upon the Advance
Payment Guarantee for the amount outstanding.
3.4 Retention Guarantee
3.4.1 In the event that the Contractor wishes to provide a guarantee in lieu of the deductions of
a cash sum by way of retention in accordance with Sub-clause 15.3.3 it shall, as a
precondition to the release of any such sums, provide at its own expense an irrevocable
and unconditional on demand Retention Guarantee from a bank who shall be jointly and
severally bound with the Contractor in the amount of the cash sums retained.
3.4.2 The Contractor shall ensure that such Retention Guarantee remains in full force and effect
until the issue, or deemed issue, of the Maintenance Certificate, whereupon the Retention
Guarantee shall be returned to the Contractor.
3.4.3 The Contractor shall be entitled to submit an application for release of the cash sums
retained in accordance with the following conditions:
A. where interim payments, paid at the time of application, have reached ten per cent
(10%) of the Work Order Price or further iterations thereof;
B. prior to the release of any retention money the Contractor shall submit to the Engineer
the Retention Guarantee with the increased value relevant to the amount released;
and
C. the application for the release of retention in lieu of the Retention Guarantee shall be
submitted on a separate invoice from the interim payment application.

ASHGHAL WORK ORDER
3.4.4 Upon the issue of the Completion Certificate the Retention Guarantee shall be reduced in
value by fifty per cent (50%) and shall remain in full force and effect until the issue of the
Maintenance Certificate at which point its value shall be reduced to zero and shall be
returned to the Contractor.
3.5 Materials Guarantee
3.5.1 As a precondition to the invoicing of payments for materials yet to be incorporated into the
Works the Contractor shall, provide at its own expense an irrevocable and unconditional
on demand Materials Guarantee from a bank who shall be jointly and severally bound with
the Contractor in the amount of the cash sums to be invoiced.
It is a precondition of the Engineer’s certification of any invoiced materials that the
Materials Guarantee shall be accompanied by a Vesting Agreement in relation to the
materials invoiced.
The Authority shall be under no obligation to make any payments for any Plant or
Materials unless:
A. the Plant and / or Materials are complete for the purposes of incorporation into the
Works;
B. the Materials Guarantee has been delivered in accordance with the requirements of
this Sub-clause 3.5 [Materials Guarantee]; and
C. the Vesting Agreement has been delivered to the Authority.
3.5.2 The Contractor shall ensure that the Materials Guarantee remains in full force and effect
until the guaranteed materials have been delivered to the Site and incorporated into the
Works where upon the Materials Guarantee shall be returned to the Contractor.
3.6 Collateral Warranties
3.6.1 As a precondition of the Engineer’s non-objection or any deemed non-objection for the
sub-contracting of any element of the Works or part thereof the Contractor and sub-
contractors shall enter into a Collateral Warranty in favour of the Authority and the
Contractor shall deliver such Collateral Warranty to the Engineer.
3.6.2 It shall be a condition precedent to the making of any payment by or on behalf of the
Authority that the Contractor has delivered such Collateral Warranty to the Engineer. Until
the said delivery has occurred no interim payment shall be treated as due and / or the
Works or Section shall not be treated or deemed as achieved, so as to entitle the
Contractor to payment in respect thereof.
3.7 Extended Warranties
3.7.1 To the extent that the Contractor has received the benefit of any warranties from any sub-
contractor of any Goods or services, which extends beyond the Maintenance Period, the
Contractor shall at no cost to the Authority, to the extent that the Contractor is legally able
to do so, assign the benefit of all such warranties to the Authority.
4 INSURANCES
The required insurance policies are described in Schedule E [Insurances].
4.1 General Requirements for Insurances
4.1.1 Wherever the Contractor is the Insuring Party, each insurance shall be effected and
maintained with Insurers and in terms consistent with the Work Order.

ASHGHAL WORK ORDER
4.1.2 Evidence that insurance policies have been effected and are in full force and effect shall
be by means of certified copies of relevant insurance cover notes, certificates of
insurance, or insurance policies non-objected by the Authority or Engineer and shall be
accompanied by evidence that premiums, as due, have been paid in full, together with any
schedule of future premium instalment payment dates.
4.1.3 If the Contractor fails to effect and maintain any of the insurances it is required to effect
and maintain under the Work Order, or fails to provide satisfactory evidence in
accordance with this Sub-clause 4.1 [General Requirements for Insurances], the Authority
may (at its option and without prejudice to any other right or remedy) effect insurance for
the relevant coverage and pay the premiums due and subject to Sub-clause 16.6
[Authority’s Claims] recover such amounts from the Contractor.
4.1.4 Subject to Sub-clause 4.5 [Rights and Obligations of the Insured Parties] and Sub-clause
4.6 [Liability and Limits of Coverage], proceeds received by the Authority from the Insurers
shall be used for the rectification of the loss or damage to the Works and, to the extent
rectification work has been performed by the Contractor to such Works, proceeds
received by the Authority from the Insurers shall be payable to the Contractor.
4.1.5 The Contractor shall ensure that each insurance policy effected and maintained pursuant
to Schedule E [Insurances] by the Contractor shall also contain the following
endorsements to the policy:
A. the Contractor and the Insurer shall advise the Authority of any proposed change,
reduction or cancellation, or notice of change, reduction, cancellation, termination, or
expiry of any insurance policy at least thirty (30) Days before such change, reduction,
cancellation, termination or expiry is to take effect; and
B. a waiver of subrogation clause against the Insured Parties.
4.1.6 The insurance policies identified in Schedule E [Insurances] are the minimum required by
the Authority, and the Contractor may, at its own cost, add such other insurances that it
may deem prudent.
4.1.7 All insurances shall remain in full force and effect until the issue of the Maintenance
Certificate, except where expressly stated otherwise in Schedule E [Insurances].
4.2 Insurance Obligations Particular to the Authority
4.2.1 The Parties to the Work Order acknowledge that:
A. the Authority shall effect and maintain the insurance policies described in Schedule E
[Insurances] Part A [Authority’s Insurance and Responsibilities] as its responsibility, for
the periods stated in Schedule E [Insurances] Part A [Authority’s Insurance and
Responsibilities];
B. the Authority shall ensure that in each of the insurance policies described in Schedule
E [Insurances] Part A [Authority’s Insurance and Responsibilities] the Contractor and
its sub-contractors of any tier are each an Insured Party;
C. the Authority shall solely bear responsibility for the payment of all premiums for all
insurances to be effected and maintained in accordance with Schedule E [Insurances]
Part A [Authority’s Insurance and Responsibilities];
D. the Authority shall ensure that where expressly required all insurance policies effected
by the Authority pursuant to Schedule E [Insurances] Part A [Authority’s Insurance and
Responsibilities] shall be written as stand-alone and non-contributory policies, to the
extent of the application of such policies, and not in excess of any other insurance
policies as may be provided by the Contractor and / or its agents of any tier.

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4.3 Insurance Obligations Particular to the Contractor

4.3.1 The Contractor shall comply with and shall require that each of its agents of any tier
complies with all terms and conditions of the insurance policies described in Schedule E
[Insurances].
4.3.2 The Contractor shall effect and maintain the insurance policies described in Schedule E
[Insurances] Part B [Contractor’s Insurance and Responsibilities] as its obligation, for the
periods stated in Schedule E [Insurances] Part B [Contractor’s Insurance and
Responsibilities] in terms and with insurers which shall be subject to non-objection by the
Engineer.
4.3.3 The Contractor shall ensure that each of the insurance policies described in Schedule E
[Insurances] Part B [Contractor’s Insurance and Responsibilities], state the amount of the
Insurer’s liability thereunder and that such insurance policies cannot be cancelled,
changed or not renewed until at least thirty (30) Days after written notice of such
cancellation, change or non-renewal has been received by the Authority and the Engineer.
4.3.4 The Contractor shall bear sole responsibility for the payment (of all premiums) for all
insurances to be effected and maintained in accordance with Schedule E [Insurances]
Part B [Contractor’s Insurance and Responsibilities].
4.3.5 The Contractor shall ensure that all Contractor's Equipment, Goods and Materials used for
the execution of the Works shall be brought to and kept at the Site at the sole risk of the
Contractor, and the Authority shall not be liable for any loss or damage thereto. The
Contractor shall obtain and maintain adequate insurance to cover any construction tools
and equipment leased, hired or otherwise from third parties.
4.3.6 In respect of the policies referred to in Schedule E [Insurances], Part A: 1.2 [Authority’s
Co-Insured Insurance Policies], the Contractor shall ensure that full disclosure is made to
the Insurers in respect of any material risk relating to the Works, including, without
limitation, any information reasonably requested by the Insurers, any information required
to be submitted to the Insurers, any information necessary to ensure the validity of any
claim under the policies and details of any significant problems encountered in relation to
the Works. The Contractor shall put in place appropriate internal reporting procedures to
ensure that full disclosure as described above is made by the Contractor. Such disclosure
shall be made solely and exclusively via the Authority, or otherwise only with the
Authority’s prior express authorisation.
4.3.7 The Contractor shall promptly provide to the Authority a copy of all correspondence
between the Contractor and the Insurers.
4.3.8 In the event that the Contractor constitutes a joint venture, consortium or other grouping of
two or more parties all insurances effected by the Contractor pursuant to Schedule E
[Insurances] Part B [Contractor’s Insurance and Responsibilities] may be in the form of a
joint venture or consortium policy or separate policies by each of the Contractor members.
4.4 Authority’s Co-Insured Insurance Policies
4.4.1 Following inspection of the co-insured insurance policies effected by the Authority
pursuant to Schedule E [Insurances], Part A: 1.2 [Authority’s Co-Insured Insurance
Policies], the Contractor shall be deemed to have satisfied itself with regard to the extent
of the cover provided under the co-insured insurance policies effected by the Authority.
The Contractor shall be deemed to have read and understood all the terms of the co-
insured insurance policies provided to the Contractor by the Authority.

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4.4.2 The Contractor shall comply and procure that all of the Contractor's Personnel comply
with and meet all requirements of the Insurers in connection with the settlement of any
claims under any co-insured insurance policies effected by the Authority pursuant to
Schedule E [Insurances], Part A: 1.2 [Authority’s Co-Insured Insurance Policies] as if such
insurances had been arranged by the Contractor directly, and shall not at any time do or
omit to do anything whereby any such insurances would be rendered void or suspended,
impaired or defeated in whole or in part and shall indemnify the Authority should such
insurances be rendered void, suspended, impaired or defeated as a result thereof. The
Contractor shall with all due diligence observe, fulfil and procure that all of the Contractor's
Personnel observe and fulfil the applicable terms, provisions and conditions contained in
the said insurance policies.
4.4.3 The Contractor shall keep the Authority advised of any claim made by the Contractor
under the insurance policies effected by the Authority pursuant to Schedule E [Insurances]
Part A [Authority’s Insurance and Responsibilities] or of any incidents applicable to the
insurance policy, its coverage or any claim thereunder, regardless of size and shall advise
the Authority of the progress and outcome of such claims and incidents. The Contractor
shall render all assistance and cooperation to the Authority and/or the Engineer as may be
required to facilitate any insurance claim made by or against the Authority under these
insurance policies.
4.4.4 All of the Contractor’s costs and incidental expenses incurred in relation to the preparation
of claims under the co-insured insurance policies effected by the Authority pursuant to
Schedule E [Insurances] Part A [Authority’s Insurance and Responsibilities] shall be borne
by the Contractor.
4.4.5 The Contractor shall be responsible for cooperation with the Insurers and their appointed
agents and shall provide adequate notices and details to facilitate the maintenance and
compliance with the terms of the relevant policy and its effect. The cost of any necessary
surveys and such similar reviews of a risk nature or whatsoever undertaken by the
Insurers’ agents shall be borne by the Authority.
4.5 Rights and Obligations of the Insured Parties
4.5.1 The Contractor shall comply with the terms and conditions stipulated in the respective
insurance policies.
4.5.2 If an insurance policy is required to indemnify more than one Insured Party, the indemnity
shall apply to each Insured Party as though a separate policy had been issued for each of
them.
4.5.3 The Authority or the Contractor (as the case may be) shall act under each respective
insurance policy on behalf of the respective Insured Parties. For the avoidance of doubt,
the Authority shall be under no obligation and shall incur no liability for the Authority’s
failure to act under each policy on behalf of any of the Insured Parties.
4.5.4 With respect to the insurance policies described in Schedule E [Insurances] Part A
[Authority’s Insurance and Responsibilities] the Contractor shall not be entitled to receive
payments directly from the Insurer.
4.5.5 With respect to the insurance policies described in Schedule E [Insurances] Part A
[Authority’s Insurance and Responsibilities] the Contractor shall at all times act to
preserve the position of the Authority and the Insurers’ position as if the Contractor was
uninsured.

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4.6 Liability and Limits of Coverage

4.6.1 Nothing in this Clause 4 [Insurances] limits the obligations, liabilities or responsibilities of
the Contractor or the Authority, under the Work Order or otherwise. Subject to the
provisions of Sub-clause 18.6 [Limits of Liability], any amounts not insured or not
recovered from the Insurers shall be borne by the Contractor. If the Contractor fails to
effect and keep in force an insurance which it is required to effect and maintain under the
Work Order any monies which should have been recoverable under this insurance shall
be paid by the Contractor.
4.6.2 The Authority shall not be liable for any loss or costs that fall within the deductibles or are
not covered by the insurance policies other than as expressly stated in the Work Order.
The Contractor further releases, assigns and waives any and all rights of recovery against
the Engineer, the Authority, insurers and underwriters, and against other contractors and
sub-contractors which the Contractor may otherwise have in relation to deductible
amounts or inadequacy of limits of insurance provided under this Work Order.
4.6.3 Payments by one Party to the other Party shall be subject to Sub-clause 16.3
[Contractor's Claims] or Sub-clause 16.6 [Authority’s Claims], as applicable.
4.7 Cancellation of the Contractor's Insurance Policies
4.7.1 Notwithstanding that the Contractor may have effected the insurances policies described
in Schedule E [Insurances] Part B [Contractor’s Insurance and Responsibilities], the
Authority may, pursuant to Sub-clause 16.2.1 [Instructed Variation], notify the Contractor
that the Authority may effect the insurance policies which the Contractor may otherwise
have been responsible for effecting pursuant to Sub-clause 4.3 [Insurance Obligations
Particular to the Contractor]. If the Authority gives such notice to the Contractor, the
Contractor shall promptly from the date of such notice cancel its insurances policies as
stated in the Authority's notice.
4.7.2 Where an item of cost is identified in Schedule B [Payment Schedules] for the Contractor
to effect and maintain the insurance policies described in Schedule E [Insurances] Part B
[Contractor’s Insurance and Responsibilities] the Authority shall remain responsible to pay
the Contractor for such item of cost but such cost shall be apportioned on a pro-rata basis
up until the date the insurance policies described in Schedule E [Insurances] Part B
[Contractor’s Insurance and Responsibilities] have been cancelled, or should have been
cancelled had the Contractor complied with this Sub-clause 4.7. Any item of cost identified
in Schedule B [Payment Schedules] for the Contractor to effect and maintain the
insurance policies described in Schedule E [Insurances] Part B [Contractor’s Insurance
and Responsibilities] relating to such insurance policies which have been cancelled by the
Contractor or should have been cancelled by the Contractor had the Contractor complied
with this Sub-clause 4.7 shall be deducted from the Work Order Price. The Authority shall
deliver to the Contractor a copy of the broker's certificate as evidence that such insurance
policy has been effected by the Authority.
5 AUTHORITY’S OBLIGATIONS
5.1 Facilities, Information and Services
5.1.1 Where expressly provided in the Project Specification, the Authority shall supply to the
Contractor without charge, for the purposes of the Works, the following Facilities,
Information and Services:
A. available relevant information, including any drawings or instructions by Third Parties
necessary for the execution of the Works and remedying of defects in the Works;
B. equipment and facilities; and
C. provision of services from Third Parties,
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in the manner, if any, stated in the Project Specification and by the later of the date,
where identified, for the supply of such Facilities, Information and Services in the:
(i) Project Specification; and
(ii) Master Programme and / or the Baseline Programme.
5.1.2 If the Contractor suffers delay and / or incurs additional Cost as a result of a failure by the
Authority to supply such Facilities, Information and Services as required by Sub-clause
5.1.1 the Contractor shall be entitled, subject to Sub-clause 16.3 [Contractor’s Claims], to:
A. an extension to the Time for Completion, if completion of the Works or any Section or
any Key Stage, as the case may be, is or will be delayed beyond the then Time for
Completion; and / or
B. payment of any such additional Cost plus Profit, which shall be added to the Work
Order Price.
If the Authority's failure to supply such Facilities, Information and Services as required by
Sub-clause 5.1.1 is caused by any breach, error or delay by the Contractor, including an
error or delay in the submission of any of the Contractor's Documents as required by the
Work Order, the Contractor shall not be entitled to such extension to the Time for
Completion or recover such additional Cost plus Profit.
5.2 Right of Access to the Site
5.2.1 The Authority shall grant to the Contractor the rights of access to:
A. the Site;
B. any foundation, structure, plant or means of access thereto,
by the later of the dates set out in Schedule F [Access to Site] and any dates for such
access in the Master Programme and / or the Baseline Programme.
5.2.2 The rights of access will not be exclusive to the Contractor. The Contractor acknowledges
that certain of the Authorised Persons are entitled to have access to the Site for the
purposes of inspecting and monitoring:
A. the Site, any foundation, structure, plant or means of access;
B. the Works;
C. testing; and
D. for all other purposes contemplated or to be inferred from the Work Order.
5.2.3 If no such dates for access are set out in Schedule F [Access to Site] then the Contractor
shall have the right of access to:
A. the Site; or
B. any such foundation, structure, plant or means of access,
from the later of the Commencement Date and any dates for such access in the Master
Programme and / or the Baseline Programme.
5.2.4 The Authority shall not be obliged to grant such rights of access as required by this Sub-
clause 5.2 [Right of Access to the Site] unless and until the requirements of Sub-clause
2.1.4 have been satisfied by the Contractor.
5.2.5 Subject to Sub-clause 5.2.4, if the Contractor suffers delay and / or incurs additional Cost
as a result of a failure by the Authority to grant any such right of access as required by
Sub-clause 5.2 [Right of Access to the Site], the Contractor shall be entitled, subject to
Sub-clause 16.3 [Contractor’s Claims], to:

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Order Price.
5.2.6 If the Authority's failure to grant the rights of access is caused by any breach, error or
delay by the Contractor, including an error in, or delay in the submission of any of the
Contractor's Documents as required by the Work Order, the Contractor shall not be
entitled to such extension to the Time for Completion or any adjustment to the Work Order
Price.
5.3 The Engineer
5.3.1 The Authority shall appoint the Engineer within seven (7) Days after the Commencement
Date and thereafter shall notify the Contractor of any change to the name and
correspondence details of the Engineer.
Prior to the appointment of the Engineer the Authority shall carry out the Engineer’s
duties.
5.3.2 The Engineer shall carry out the duties assigned to it, and shall have the authority to act
on behalf of the Authority for all the purposes of the Work Order, to issue instructions and
to give and receive all notices except for the following which shall be given by the
Authority:
A. issuing waivers pursuant to Sub-clause 2.6 [Waiver];
B. terminating the Work Order or the Contractor's employment under the Work Order
pursuant to Sub-clause 19.5 [Termination]; and
C. relieving the Contractor of any duties or obligations under the Work Order.
5.3.3 Except for notices issued in relation to Sub-clause 19.5 [Termination] and Clause 20
[Settlement of Disputes], all notices, instructions, information and other communications
given or received by the Engineer shall be deemed as given and received by the
Authority.
5.3.4 In the event that the Authority intends to replace the Engineer it shall give the Contractor
not less than fourteen (14) Days’ notice of the replacement Engineer’s appointment and
delegated authorities.
5.3.5 The Engineer may from time to time delegate any authority vested in it to
representative(s), and may also revoke such delegation. Any delegation or revocation
shall not take effect until the Contractor has received notice of such delegation or
revocation naming the person and specifying the authority being delegated or revoked.
5.3.6 Any action, act, omission or exercise by a representative, in accordance with the notified
delegation and within the limitations of the Work Order, shall be deemed an action, act
and the like by the Engineer.
5.4 Instructions
5.4.1 Subject to Sub-clause 5.3.2, the Engineer may give the Contractor instructions in respect
of the Contractor’s obligations under the Work Order and the Contractor shall give
immediate effect to such instructions.
5.4.2 Should the Contractor consider that the Engineer’s instruction constitutes a Variation the
Contractor shall submit to the Engineer:
A. a notice requesting the issuance of a Variation Order; and

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B. an Impact Assessment satisfying the requirements under Sub-clause 16.5 [Impact

Assessment],
within fourteen (14) Days of receipt of such Engineer’s instruction.
5.4.3 In the event of the Contractor failing to comply with the requirements of Sub-clause 5.4.2
the Contractor shall not be entitled to any adjustment to the Work Order Price or to any
extension to the Time for Completion and the Authority shall be discharged from all liability
in connection with the said instruction and the Contractor shall continue to give effect to
such instruction.
5.4.4 Subject to Sub-clause 5.5.2, in the event the Engineer rejects the Contractor’s request for
a Variation Order in respect to an instruction issued pursuant to Sub-clause 5.4
[Instructions] the Contractor shall be entitled to issue a Notice of Dissatisfaction and refer
such Dispute for resolution pursuant to Clause 20 [Settlement of Disputes] for a decision
on whether such instruction constitutes a Variation and if the instruction is a Variation
whether the Contractor shall be entitled to:
Order Price.
5.4.5 Notwithstanding such notice the Contractor shall continue to give effect to the Engineer’s
instruction issued pursuant to Sub-clause 5.4 [Instructions].
5.4.6 Such Notice of Dissatisfaction shall be submitted not later than twenty eight (28) Days
after receipt of the Engineer’s decision issued pursuant to Sub-clause 5.5 [Engineer’s
Decision] failing which it shall be deemed that no Dispute exists and no additional liability
shall attach to the Engineer or Authority.
5.5 Engineer’s Decision
5.5.1 Except where submitted pursuant to Clause 7 [Contractor’s Documents], the Engineer
shall issue its decision on any matter formally submitted by the Contractor for the
Engineer’s instruction, non-objection or otherwise within twenty one (21) Days, or any
other period mutually agreed between the Parties, of receipt of such formal submission.
5.5.2 If the Engineer fails to deliver notice of such decision to the Contractor within the twenty
one (21) Day review period, or any other period mutually agreed between the Parties, the
Contractor may:
A. in the event of a submission seeking the Engineer’s non-objection, deem the
Engineer’s non-objection to have been given;
B. in the event of a submission seeking the Engineer’s instruction on any matter
impacting the progress of the Works, subject to Sub-clause 16.3 [Contractor’s Claims]
be entitled to:
(i) an extension to the Time for Completion, if completion of the Works or any
Section or any Key Stage, as the case may be, is or will be delayed beyond the
then Time for Completion; and / or
(ii) payment of any such additional Cost plus Profit, which shall be added to the Work
Order Price.
5.5.3 Should the Contractor be dissatisfied with the Engineer’s decision the Contractor shall be
entitled to issue a Notice of Dissatisfaction and refer the Dispute for resolution pursuant to
Clause 20 [Settlement of Disputes]. Notwithstanding such notice the Contractor shall
continue to give effect to the Engineer’s decision.

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after receipt of the Engineer’s decision failing which it shall be deemed that no Dispute
exists and no additional liability shall attach to the Engineer or Authority.
5.6 Engineer's Evaluation
5.6.1 Wherever the Conditions of Contract provide that the Engineer shall issue an Evaluation it
shall review the Contractor’s Impact Assessment and issue an Evaluation. The Evaluation
shall be a determination of contractual entitlement taking due regard of all the relevant
circumstances at the time of the occurrence of the event subject to the Evaluation as
supported by contemporaneous evidence provided by the Contractor. The Evaluation
shall include, subject to the Conditions of Contract, the adjustment (if any) to the Time for
Completion, and / or the additional Cost (if any) to which the Contractor has demonstrated
entitlement under the Work Order.
6 CONTRACTOR’S OBLIGATIONS
6.1 Contractor’s General Obligations
6.1.1 The Contractor shall be responsible for the execution and completion of the Works and
provision of all of the Contractor's Documents as required by the Work Order, and all
personnel, consumables and other things and services, whether of a temporary or
permanent nature, necessary for the execution, and completion of the Works. All costs
thereof are deemed included in the Work Order Price unless expressly stated otherwise in
the Work Order.
6.1.2 The Contractor shall be deemed to have thoroughly considered all factors affecting the
performance of its obligations and the execution and completion of the Works under the
Work Order and shall execute and complete the Works identified and described in the
Work Order Documents. The Contractor shall perform all tasks that are necessary to
complete the Works in accordance with Good Engineering and Construction Practices,
and shall exercise all skill, care and diligence in the execution and completion of the
Works under the Work Order.
6.1.3 The Contractor shall advise the Engineer regarding Good Engineering and Construction
Practices used elsewhere on similar projects to the Works and shall give the Engineer the
benefit of its experiences elsewhere and thereafter throughout the currency of the Work
Order.
6.1.4 Copies of all correspondence relating to the Works between the Contractor and any Third
Parties shall be delivered without delay to the Engineer.
6.2 Authority Provided Facilities, Information and Services
6.2.1 Any and all Facilities, Information and Services provided by the Authority to the Contractor
for its use in or under the Work Order pursuant to Sub-clause 5.1 [Facilities, Information
and Services] shall remain the property of the Authority unless expressly stated otherwise
within the Work Order. Upon the earlier of:
A. the issue of the Completion Certificate; or
B. the termination of the Work Order or the Contractor's employment under the Work
Order,
the Contractor shall deliver to the Engineer an inventory identifying what has been
provided by the Authority and the Facilities, Information and Services that have not been
consumed in the execution of the Works and shall return such to the Authority in
accordance with the Engineer’s Instructions at no cost to the Authority.

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6.2.2 Unless otherwise instructed by the Engineer the Contractor shall insure on terms non-
objected by the Engineer the Facilities, Information and Services provided by the Authority
to the Contractor pursuant to Sub-clause 5.1 [Facilities, Information and Services] against:
A. loss or damage; and
B. liabilities arising out of the use of such property, except where the Authority has
expressly provided an indemnity for such use under the Work Order.
6.3 Facilities, Information and Services Discrepancies
6.3.1 The Contractor shall have no responsibility to remedy defects, errors, discrepancies,
inaccuracies, inconsistencies and the like in the design of any part of the Works by Third
Parties for whom the Authority has provided such design in the Project Specification or
pursuant to Sub-clause 5.1 [Facilities, Information and Services] and if there are any
defects, errors, discrepancies, inaccuracies, inconsistencies and the like in such design,
the Authority shall procure the remedy of such defects, errors, discrepancies,
inaccuracies, inconsistencies by Third Parties and shall issue such re-design to the
Contractor pursuant to Sub-clause 5.4 [Instructions].
6.3.2 Before the Contractor commences with the relevant work (including the ordering or
manufacture of any Plant and Materials) the Contractor shall scrutinize: the Work Order
Documents; and the Facilities, Information and Services supplied by the Authority
pursuant to Sub-clause 5.1.1, for any non-compliance with the Applicable Codes and
Standards or the relevant Laws. The Contractor shall notify the Engineer of such non-
compliance and upon receipt of the said notice the Engineer shall issue instructions
pursuant to Sub-clause 5.4 [Instructions].
6.3.3 Upon the supply of the Facilities, Information and Services by the Authority to the
Contractor pursuant to Sub-clause 5.1.1, the Contractor shall review such Facilities,
Information and Services for any defects, errors, discrepancies, inaccuracies,
inconsistencies and the like and for any discrepancies, inaccuracies, inconsistencies and
the like between such Facilities, Information and Services and the Work Order Documents
before the Contractor commences with the relevant activities. The Contractor shall notify
the Engineer of such defects, errors, discrepancies, inaccuracies, inconsistencies and the
like and upon receipt of the said notice the Engineer shall issue instructions pursuant to
Sub-clause 5.4 [Instructions].
6.3.4 The provisions of Sub-clause 6.3 [Facilities, Information and Services Discrepancies] shall
not apply with respect to Part C [Project Data] of Schedule 1 [Framework Contract
Specification] of the Project Specification.
6.4 Royalties, Fossils and Antiquities
6.4.1 The Contractor shall not have the benefit, directly or indirectly, of any royalty, gratuity, or
commission in respect of any patented or protected material or process used on or for the
purposes of the Work Order.
6.4.2 All fossils, coins, articles of value or antiquity, and structures and other remains or items of
geological or archaeological interest found on the Site shall be placed under the care,
control and authority of the Engineer. The Contractor shall take precautions as instructed
pursuant to Sub-clause 5.4 [Instructions] by the Engineer to prevent theft of or damage to
any of these finds.
6.4.3 The Contractor shall, within twenty four (24) hours of discovery of any such find, give
notice to the Engineer, who shall issue instructions pursuant Sub-clause 5.4 [Instructions]
with regards to protection of the discovery and execution of the Works. If the Contractor
suffers delay and / or incurs additional Cost in complying with the Engineer’s instructions,
then the Contractor shall give a further notice to the Engineer and shall be entitled subject
to Sub-clause 16.3 [Contractor’s Claims] to:

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any Key Stage is or will be delayed beyond the then Time for Completion; and / or
B. payment of any such additional Cost, which shall be added to the Work Order Price.
6.5 Unforeseeable Physical Events
6.5.1 Subject to any express reliefs or entitlements of the Contractor under or referred to in the
Clauses 17.1 [Warranted Project Data], 17.2 [Indemnity in Respect of Project Data] and
17.3 [Authority Risks] and elsewhere in the Work Order:
A. the Contractor shall be deemed to have obtained all necessary information (including
all such information related to the site(s)) as to risks, contingencies, matters and other
circumstances which may influence or affect the completion and execution of the
Works in accordance with the Work Order;
B. by executing the Work Order, the Contractor accepts total responsibility for having
foreseen all physical difficulties and costs of completing and executing the Works in
accordance with the Work Order; and
C. neither the Work Order Price nor the Time for Completion shall be adjusted to take
account of any unforeseeable physical events.
6.6 Local Office
6.6.1 At all times during the currency of the Work Order the Contractor shall maintain a fully
operational office in Qatar manned by suitably qualified and authorised personnel.
6.7 Contractor’s Facilities
6.7.1 Except where expressly stated otherwise in the Work Order, the Contractor shall at its
own risk, provide all the facilities needed to execute and complete the Works in
accordance with the Work Order, including accommodation, transport and all other
resources and shall make its own arrangements for visas, exit permits, residence and
work permits and the like.
6.7.2 Except where expressly identified otherwise in Schedule C [Resource Schedules], if the
Contractor intends any aspect of the Permanent Works to be completed other than on the
Site, then the Contractor shall obtain the Engineer’s prior non-objection.
6.8 Permits, Approvals, Licenses
6.8.1 Except where expressly stated otherwise in the Work Order, the Contractor shall at its
own risk obtain and maintain, and shall ensure where relevant that the Contractor's
Personnel obtain and maintain, all permits, approvals, licenses, passes, and other
documents (including import and export permits and licences) in order for it to perform its
obligations under the Work Order, Applicable Codes and Standards and the Law.
6.9 Contractor's Equipment
6.9.1 The Contractor shall be responsible for all of the Contractor's Equipment. When brought
on to the Site, Contractor's Equipment shall be deemed to be exclusively intended for the
execution of the Works. By notice, the Contractor shall inform the Engineer of its intention
to remove the Contractor's Equipment from the Site. No item of Contractor’s Equipment
shall be so removed without the Engineer’s prior non-objection.
6.10 Electricity, Water and Gas
6.10.1 The Contractor shall be responsible for the provision of all power, water and other
services at its own risk which it may require for the performance of any of its obligations
under the Work Order until issue by the Engineer of the Taking-Over Certificate(s) for the
Works or any Section, as the case may be, in accordance with Sub-clause 14.1 [Taking-
Over of the Works and Sections].

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6.11 Authority's Equipment and Free-Issue Material

6.11.1 The Authority may make Authority’s Equipment, if any identified in the Project
Specification, available for the use by the Contractor in the execution and completion of
the Works in accordance with such details, arrangements and prices stated by the
Authority in the Project Specification or otherwise. The Authority shall not be responsible
for any defect in or inadequacy of the Authority’s Equipment nor does it give any
representation or warranty, either express or implied, in respect of the suitability of the
Authority’s Equipment. The Contractor shall be responsible for each item of Authority’s
Equipment whilst any of the Contractor's Personnel is operating it, driving it, directing it or
in possession or control of it. The Contractor shall use the Authority's Equipment at its
own risk.
6.11.2 The appropriate quantities and the amounts due (at such stated prices) for the use of
Authority’s Equipment shall be determined in accordance with Sub-clause 16.6
[Authority’s Claims]. The Contractor shall pay or allow these amounts to the Authority.
6.11.3 The Authority may supply to the Contractor, free of charge "free-issue material" pursuant
to Schedule A [Project Specification] as well as any other “free-issue material” during the
execution and completion of the Works ("Free-Issue Materials"). The Authority shall, at
its own risk, provide the Free Issue Materials to the Contractor at the place and manner
stated in Schedule A [Project Specification] and by the later of the date stated in Schedule
A [Project Specification] and the date for providing the Free-Issue Materials in the
Baseline Programme at which time the Free Issue Materials shall come under the care,
custody and control of the Contractor.
6.11.4 The Contractor shall inspect the Free-Issue Materials within fourteen (14) Days upon
taking custody of the Free Issue Materials for any shortage, defect or default and for any
non-compliance with the Applicable Codes and Standards and the relevant Laws and
shall notify the Engineer within three (3) Days of discovering such shortage, defect,
default or non-compliance. The Authority shall remedy such shortage, defect, default or
non-compliance in the Free-Issue Materials as soon as reasonably practicable and
provide these to the Contractor at which time such Free Issue Materials shall come under
the care, custody and control of the Contractor.
6.11.5 If the Contractor suffers delay and / or incurs additional Cost as a result of the Authority
failing to provide the Free-Issue Materials by the later of the date stated in Schedule A
[Project Specification] and the date for providing the Free-Issue Materials in the Baseline
Programme or, subject to Sub-clause 6.11.4, as a result of any shortage, defect, default or
non-compliance in the Free-Issue Materials the Contractor shall be entitled, subject to
Sub-clause 16.3 [Contractor’s Claims], to:
Order Price.
6.12 Setting Out
6.12.1 The Contractor shall set out the Works in relation to original points, lines and levels of
reference specified in the Work Order. For that purpose, the Contractor shall be
responsible for the correct positioning of all parts of the Works, and shall rectify any error
in the positions, levels, dimensions or alignment of the Works.
6.12.2 The Authority shall be responsible for any errors in such positions, levels, dimensions or
alignment of the Works, provided to the Contractor if none were a consequence of a
Contractors comment, but the Contractor shall verify their accuracy before they are used
to execute the Works.

ASHGHAL WORK ORDER
6.12.3 If the Contractor suffers delay and / or incurs additional Cost from executing work which
was necessitated by an error in these items of reference, which could not have been
avoided or mitigated the Contractor shall be entitled, subject to Sub-clause 16.3
[Contractor’s Claims], to:
B. payment of any such additional Cost which shall be added to the Work Order Price.
The Engineer shall proceed in accordance with Sub-clause 16.3.3 and provide its
Evaluation and decide whether and (if so) to what extent:
(i) the error could have been avoided or mitigated; and
(ii) Sub-clause 6.12.3 A and 6.12.3 B are applicable.
6.13 Rights of Way and Facilities
6.13.1 Except where expressly stated otherwise in the Work Order, the Contractor shall bear all
costs and charges for special and / or temporary rights-of-way which may be required
outside or inside the Site, including those for access. The Contractor shall also obtain, at
its own risk, any additional facilities outside and inside the Site which may be required for
the purposes of the completion and execution of the Works under the Work Order.
6.14 Transportation of Goods
6.14.1 The Contractor shall comply with the provisions of the Law with respect to the
transportation of Goods by, and other use of, public roads.
6.14.2 Except where expressly stated otherwise in the Work Order, the Contractor shall:
A. give the Authority not less than forty two (42) Days’ notice of the date on which any
Plant or critical Goods will be delivered to the Site. Such notice shall give a description
of such item and shall describe the point and means of dispatch and the estimated
time of arrival at the Site;
B. be responsible for packing, loading, transporting, receiving, unloading, storing and
protecting all Goods required for the Works; and
C. indemnify and hold the Authority harmless against and from all damage, loss and
expenses (including legal fees and expenses) resulting from the transportation of
Goods and shall negotiate and pay all claims arising from such transportation.
6.15 Quality Management
6.15.1 The Contractor shall from the commencement of the Works instigate a ‘Quality
Management System’ that will demonstrate overall compliance with the requirements of
the Work Order.
6.15.2 Unless expressly stated otherwise in the Project Specification the Contractor shall prepare
and submit for the Engineer’s non-objection:
A. within twenty eight (28) Days of the Commencement Date a preliminary ‘Quality
Management System’; and
B. within fifty six (56) Days of the Commencement Date a final ‘Quality Management
System’,
that shall complement and be compliant with the quality management & assurance
requirements of the Project Specification.

ASHGHAL WORK ORDER
Unless expressly stated otherwise in the Project Specification the final ‘Quality
Management System’ shall be implemented and applied in full within ninety (90) Days
from the Commencement Date.
6.15.3 The Engineer may review any aspect of the ‘Quality Management System’ and if it is
considered that the ‘Quality Management System’ does not adequately demonstrate the
level of the Contractor's compliance with the requirements of the Work Order, the
Engineer may instruct the Contractor to make corrections accordingly.
6.15.4 The ‘Quality Management System’ shall include the Risk Register together with a ‘Risk
Management, Control and Mitigation’ process for the Project which highlights any and all
risks the Contractor anticipates may arise during the currency of the Work Order.
6.15.5 Details of all procedures and compliance documents shall be submitted to the Engineer
for information before each execution stage is commenced.
6.15.6 All documents of a technical nature issued to the Engineer shall include a ‘Design
Certification’ by the Contractor as defined in the Project Specification.
6.15.7 Where the quality assurance scheme provides for testing and certification of the quality of
any Works or Goods, the Contractor shall upon the Taking-Over Date for each Section
provide the Engineer with a quality dossier containing the test history and results and
certificates of quality issued in respect of such Works and Goods. The said quality dossier
shall be incorporated into the ‘Project Completion Report’ to be submitted as part of the
Works or Section, as the case may be, taking-over obligations.
6.15.8 Compliance with the ‘Quality Management System’ shall not relieve the Contractor of any
of its duties, obligations, risks, liabilities or responsibilities under the Work Order.
6.16 Health, Safety and Security Management
6.16.1 The Contractor shall from the commencement of the Works instigate a ‘Health, Safety and
Security Management System’ that will demonstrate overall compliance with the
requirements of the Work Order.
A. within twenty eight (28) Days of the Commencement Date a preliminary ‘Health,
Safety and Security Management System’; and
B. within fifty six (56) Days of the Commencement Date a final ‘Health, Safety and
Security Management System’,
that shall complement and be compliant with the health, safety and security management
and assurance requirements of the Project Specification.
6.16.3 Unless expressly stated otherwise in the Project Specification the final ‘Health, Safety and
Security Management System’ shall be implemented and applied in full within ninety (90)
Days from the Commencement Date.
6.16.4 The Engineer may review any aspect of the ‘Health, Safety and Security Management
System’ and if it is considered that the ‘Health, Safety and Security Management System’
does not adequately demonstrate the level of the Contractor's compliance with the
requirements of the Work Order, the Engineer may instruct the Contractor to make
corrections accordingly.

ASHGHAL WORK ORDER
6.16.5 In the event of the Contractor failing to comply with its health, safety and security
management obligations as described in the Project Specification and / or the non-
objected ‘Health, Safety and Security Management System’, a date may be fixed by the
Engineer on or by which such compliance shall be achieved and the Engineer shall be
entitled to levy the ‘Health, Safety and Security Management’ Penalties pursuant to Sub-
clause 18.3.4 [Penalties for Health and Safety Infringement]. If the Contractor fails to
achieve compliance by this modified date the Engineer shall be entitled to carry out by
itself, or by others, at the Contractor’s risk and subject to Sub-clause 16.6 [Authority’s
Claims], any and all remedial tasks necessary to achieve such compliance.
6.16.6 Without limiting the generality of the foregoing, the Contractor shall:
A. comply with all applicable safety regulations;
B. take care of the safety of all persons entitled to be on the Site;
C. keep the Site and Works clear of unnecessary obstruction so as to avoid danger to all
persons;
D. provide levels of fencing, lighting, guarding and / or, as applicable, watching of the Site
and the Works as instructed by the Engineer until the issuance of the relevant Taking-
Over Certificate;
E. provide any Temporary Works (including roadways, footways, guards and fences)
which may be necessary, because of the execution of the Works;
F. provide protection to the public Authorised Persons and occupiers of land adjacent to
the Site.
6.16.7 Compliance with the health, safety and security management system shall not relieve the
Contractor of any of its duties, obligations, risks, liabilities or responsibilities under the
Work Order or Law.
6.16.8 Security of the Site
6.16.8.1 Unless expressly stated otherwise in the Work Order, the Contractor shall allow
Authorised Persons access to and shall be responsible for keeping unauthorised
persons off the Site.
6.16.8.2 Without prejudice to the right of the Authorised Persons to enter the Site, the Engineer
shall from time to time provide the Contractor for information purposes with an
indication of the number of Authorised Persons and their names.
6.16.8.3 The Contractor is entitled to employ security personnel to enforce the rights of access
to the Site granted to it pursuant to Sub-clause 5.2 [Right of Access to the Site] and to
exclude from the Site any person who does not respect and comply with the
Contractor's health and safety or security procedures as contained in the Contractor's
Documents which have been non-objected by the Engineer.
6.17 Environmental Management
6.17.1 The Contractor shall from the commencement of the Works instigate a ‘Construction
Environmental Management System’ that will demonstrate overall compliance with the
requirements of the Work Order in relation to environmental.
A. within twenty eight (28) Days of the Commencement Date a preliminary ‘Construction
Environmental Management System’; and
B. within fifty six (56) Days of the Commencement Date a final ‘Construction
Environmental Management System’,

ASHGHAL WORK ORDER
that shall complement and be compliant with the environmental management and
assurance requirements of the Project Specification.
6.17.3 Unless expressly stated otherwise in the Project Specification the final ‘Construction
Environmental Management System’ shall be implemented and applied in full within ninety
(90) Days from the Commencement Date.
6.17.4 The Engineer may review any aspect of the ‘Construction Environmental Management
System’ and if it is considered that the ‘Construction Environmental Management System’
does not adequately demonstrate the level of the Contractor's compliance with the
requirements of the Work Order, the Engineer may instruct the Contractor to make
corrections accordingly.
6.17.5 In the event of the Contractor failing to comply with its environmental management
obligations as described in the Project Specification and / or the non-objected
‘Construction Environmental Management System’, a date may be fixed by the Engineer
on or by which such compliance shall be achieved. If the Contractor fails to achieve
compliance by this modified date the Engineer shall be entitled to carry out by itself, or by
others, at the Contractor’s cost and subject to Sub-clause 16.6 [Authority’s Claims], any
and all remedial tasks necessary to achieve such compliance, in the event of such action
by the Engineer the Contractor shall retain no responsibility for such activities.
6.17.6 Compliance with the construction environmental management system shall not relieve the
Contractor of any of its duties, obligations, risks, liabilities or responsibilities under the
Work Order.
6.18 Records and Progress Reporting
6.18.1 The Contractor shall prepare, maintain and submit contemporaneous records in respect of
the Works in accordance with the requirements of the Project Specification.
6.18.2 The Contractor shall from the commencement of the Works instigate a ‘Monitoring and
Reporting System’ that will demonstrate overall compliance with the requirements of the
Work Order.
A. within twenty eight (28) Days of the Commencement Date a preliminary ‘Monitoring
and Reporting System’; and
B. within fifty six (56) Days of the Commencement Date a final ‘Monitoring and Reporting
System’,
that shall complement and be compliant with the monitoring and reporting requirements of
the Project Specification.
6.18.4 Unless expressly stated otherwise in the Project Specification the final ‘Monitoring and
Reporting System’ shall be implemented and applied in full within ninety (90) Days from
the Commencement Date.
6.18.5 The Contractor shall prepare and submit progress reports in a format compliant with the
requirements of the Project Specification and continue to submit progress reports until the
issue of the Maintenance Certificate.
7 CONTRACTOR’S DOCUMENTS
7.1 Sufficiency of Contractor’s Documents
7.1.1 The Contractor's Documents shall include any and all works and activities which are
necessary to satisfy the requirements of the Work Order.

ASHGHAL WORK ORDER
7.2 Contractor's Undertaking and Warranties

7.2.1 The Contractor undertakes and warrants that the execution and completion of the Works
shall be in accordance with:
A. the Work Order Documents;
B. Good Engineering and Construction Practices; and
C. other undertakings as specified in the Work Order.
7.3 Personal Favour
7.3.1 The Contractor shall not show any favour to any company in connection with the Works or
the Project or take personal advantage of any opportunity during the currency of the
Works or the Work Order. Should such favour occur then the Authority shall be deemed to
have suffered loss as a consequence and the Engineer may take action pursuant to Sub-
clause 18.2 [Default Events] without prejudice to any other rights or remedies available to
the Authority under the Work Order or at Law.
7.4 Changes to the Applicable Codes and Standards and Laws
7.4.1 In the event of amendments or changes to:
A. the Applicable Codes and Standards; and / or
B. relevant Laws,
occurring after the Base Date, which the Contractor considers to constitute a Variation
under the Work Order the Contractor shall:
(i) give notice, with an Impact Assessment satisfying the requirements under Sub-clause
16.5 [Impact Assessment], of such amendments or changes to the Applicable Codes
and Standards, and relevant Laws as soon as is practicable; and
(ii) request the Engineer’s instruction pursuant to Sub-clause 5.4 [Instructions].
7.4.2 Within twenty eight (28) Days of receipt of the Contractor's notice issued pursuant to Sub-
clause 7.4.1 the Engineer shall carry out an Evaluation of the Contractor’s Impact
Assessment and instruct the Contractor to:
A. for the purposes of the Work Order disregard such amendments and changes to the
Applicable Codes and Standards and / or relevant Laws and continue the Works as if
the amendments or changes have not occurred; or
B. implement such amendments and changes to the Applicable Codes and Standards
and / or relevant Laws at the Contractor’s own expense; or
C. implement such amendments and changes to the Applicable Codes and Standards
and / or relevant Laws and proceed in accordance with Sub-clause 16.2 [Variations].
7.4.3 In the event of the Engineer failing to give an instruction requested pursuant to Sub-clause
7.4.2, the Contractor shall not be obliged to apply such amendments and changes to the
Applicable Codes and Standards, and / or relevant Laws.
7.4.4 Should the Contractor be dissatisfied with the Engineer’s decision, or failure to issue a
decision as the case may be, the Contractor shall be entitled to issue a Notice of
Dissatisfaction and refer the Dispute for resolution pursuant to Clause 20 [Settlement of
Disputes]. Notwithstanding such notice the Contractor shall continue to give effect to the
Engineer’s decision.
after receipt of the Engineer’s decision, or the due date for issuing a decision as the case
may be, failing which it shall be deemed that no Dispute exists and no additional liability
shall attach to the Engineer or Authority.

ASHGHAL WORK ORDER
7.5 Qatari Preference Requirements

7.5.1 In accordance with the relevant Laws the Contractor shall incorporate such available local
materials and services into the Works, as set out in the Project Specification, providing
always that such local materials and services comply with the Applicable Codes and
Standards.
7.6 Government Compliance
7.6.1 Subject to Sub-clause 6.8 [Permits, Approvals and Licenses] the requirements set out in
the Project Specification, the requirements of all relevant Government departments and
ministries and utility companies shall be incorporated into the Works and all necessary
consents and approvals and the like shall be obtained by the Contractor from the
concerned Government departments and ministries and utility companies.
7.6.2 The Contractor shall not be liable to the Authority by reason of any failure on the
Contractor’s part to obtain the necessary consents and approvals from a relevant
Government department and / or ministry and / or utility company where such consent or
approval is withheld for reasons outside the Contractor’s control provided the
requirements in Sub-clause 12.4 [Delays Caused by Third Parties] are satisfied and the
Contractor has complied with Sub-clause 8.3 [Rate of Progress].
7.6.3 Notwithstanding Sub-clause 7.6.2, the Contractor shall mitigate the duration and severity
of any delay.
7.7 Contractor’s Documents
7.7.1 The Contractor shall prepare the Contractor’s Documents and any other documents
necessary to provide the Contractor with sufficient instructions and information to execute
and complete the Works in a safe and efficient manner in accordance with the
requirements of the Work Order.
7.7.2 Where required by the Work Order the Contractor shall obtain in accordance with Sub-
clause 7.8 [Review of Contractor's Documents] the Engineer’s non-objection of the
Contractor's Documents.
7.7.3 For each part of the Works:
A. execution of any part of the Works, including the manufacture of Plant or Materials,
shall not commence prior to the Engineer’s non-objection to proceed, subject to such
objections or the expiry of the review periods for all the Contractor’s Documents
related to such part of the Works which are subject to the non-objection procedure
pursuant to Sub-clause 7.8 [Review of Contractor's Documents];
B. execution of such part of the Works shall be in accordance with those Contractor’s
Documents as non-objected by the Engineer; and
C. in the event the Contractor wishes to modify any design or document which has
previously been submitted for review or non-objected by the Engineer, the Contractor
shall immediately give notice to the Engineer. Thereafter, the Contractor shall submit
revised documents to the Engineer in accordance with the non-objection procedure
pursuant to Sub-clause 7.8 [Review of Contractor's Documents].
7.7.4 The requirements of any part of the Project Specification shall not be varied unless the
Engineer instructs a Variation Order in accordance with Sub-clause 16.2 [Variations].
7.7.5 Any such instruction by the Engineer to vary the requirements of the Project Specification
or any review by the Engineer of the Contractor’s Documents shall not relieve the
Contractor from any obligation, responsibility, risk or liability under the Work Order or
prejudice any of the Authority’s rights and remedies arising out of, under or in connection
with the Work Order.

ASHGHAL WORK ORDER
7.8 Review of Contractor's Documents

7.8.1 The Contractor's Documents shall be submitted to the Engineer for information or non-
objection as set out in the Project Specification.
7.8.2 No review, under this Sub-clause 7.8 [Review of Contractor’s Documents] or otherwise, or
lack of review, nor any comments, objection or non-objection shall relieve the Contractor
from any obligation, responsibility, risk or liability under the Work Order or be deemed to
waive or limit the Engineer’s or Authority’s rights or remedies under the Work Order or
Laws and the Contractor shall remain responsible for all risks accrued or likely to be
accrued in obtaining the Engineer’s non-objection, where required, for any submission.
7.8.3 Review for Non-objection
7.8.3.1 Where the Work Order requires that the Contractor's Documents shall be submitted to
the Engineer for non-objection then such Contractor's Documents shall be submitted in
accordance with the times stipulated in the Work Order together with a notice as
described in Sub-clause 7.8.3.2. In the event that no times for submission are
stipulated in the Work Order the Contractor's Documents shall be submitted in
accordance with the dates in the Baseline Programme for the Engineer to review and
comment and for the Contractor to have the ability to review and respond to the
Engineer’s comments without giving rise to any delay to the Time for Completion.
7.8.3.2 The notice shall state that the Contractor's Documents are submitted for review and
considered ready for use. The notice shall also state that the Contractor's Documents
comply with the requirements of the Project Specification and are otherwise in
accordance with the Work Order, or the extent to which it does not comply with the
requirements of the Project Specification or the other requirements in the Work Order.
Where the Contractor proposes to change any of the Contractor's Documents
previously submitted, the notice shall also set out the nature of the change and the
Contractor's reasons for such change.
7.8.3.3 Unless the Work Order expressly provides otherwise, each review period shall not
exceed twenty eight (28) Days, calculated from the date on which the Engineer
receives the relevant Contractor's Documents attached to the referenced notice
referred to in Sub-clause 7.8.3.2.
7.8.3.4 The Engineer shall, within the review period, give notice to the Contractor that the
Contractor's Documents are non-objected or to the extent such Contractor's
Documents are rejected giving reasons why the Engineer is of the opinion that such
Contractor's Documents fail to comply with the Work Order. If the Contractor's
Documents fail to comply with the Work Order the Contractor shall rectify and resubmit
within fourteen (14) Days of receipt by the Contractor of the Engineer’s notice such
Contractor's Documents for the Engineer's further review in accordance with this Sub-
clause 7.8 [Review of Contractor's Documents] and this procedure shall be repeated as
is necessary unless and until the Contractor's Documents are non-objected by the
Engineer. The reviews shall be solely at the Contractor’s risk and the Contractor shall
not be entitled to any additional payment, or any adjustment to the Work Order Price or
an extension to the Time for Completion, as the case may be, however the Contractor,
subject to Sub-clause 16.6 [Authority’s Claims] will be responsible for any additional
cost incurred by the Authority.
7.8.3.5 If the Engineer fails, within the review period, to give notice of its review decision to the
Contractor within the specified period or any other period mutually agreed between the
Parties, the Engineer’s non-objection to the Contractor’s submission shall be deemed
as issued.

ASHGHAL WORK ORDER
7.8.4 Review for Information

7.8.4.1 Where the Work Order requires that the Contractor's Documents shall be submitted to
the Engineer for information then such Contractor's Documents shall be submitted in
accordance with the times stipulated in the Work Order together with a notice as
described in Sub-clause 7.8.4.2.
7.8.4.2 The notice shall state that the Contractor's Documents are submitted for information
and are considered ready for use. If no times are stipulated in the Work Order the
relevant document shall be provided sufficiently far in advance of being used for the
procurement or manufacture of any Plant or Materials or execution or construction of
the Works to allow the Engineer to review without giving rise to any delay to the Time
for Completion.
7.8.4.3 The Engineer may have comments on the Contractor's Documents submitted for
information. The Contractor may, at its sole discretion, take into account these
comments and resubmit the Contractor's Documents to reflect the Engineer’s
comments.
7.8.5 Defects
7.8.5.1 Other than in respect of inaccurate information for which the Authority is responsible
pursuant to Sub-clause 17.2 [Indemnity in Respect of Project Data] and
notwithstanding any previous non-objection given by the Engineer, if material errors,
omissions, ambiguities, inconsistencies or other defects are discovered in any of the
Contractor's Documents the Contractor’s Documents and the Works shall be corrected
in accordance with the Engineer’s instructions, and the Contractor shall have no
entitlement to:
A. an extension to the Time for Completion or otherwise; or
B. any additional payment.
7.8.5.2 In the event that the Contractor is of the opinion that the Authority is responsible for the
material error, omission, ambiguity, inconsistency or other defect in the Contractor's
Documents or considers the Engineer’s instruction to constitute a Variation the
Contractor shall, subject to Sub-clause 16.3 [Contractor’s Claims], be entitled to raise a
claim for:
A. an extension to the Time for Completion, if completion of the Works or any Section
or any Key Stage, as the case may be, is or will be delayed beyond the then Time
for Completion; and / or
Order Price.
7.8.5.3 In the event the Contractor fails to correct such material error, omission, ambiguity,
inconsistency or other defect, as instructed pursuant to Sub-clause 7.8.5.1, the
Engineer shall be entitled to:
A. call upon any guarantee(s) provided pursuant to Clause 3 [Contractor’s
Guarantees]; and
B. employ another contractor to correct the same and perform such work at the
Contractor's risk,
and the Contractor shall remain liable to the Authority for any subsequent costs that
may be incurred.

ASHGHAL WORK ORDER
7.8.6 Further Modification

In the event the Contractor wishes to modify any previous non-objected Contractor’s
Documents, the Contractor shall immediately give notice of such modification to the
Engineer and re-submit such Contractor’s Documents incorporating the modification for
the Engineer’s further non-objection in accordance with this Sub-clause 7.8 [Review of
Contractor’s Documents].
7.9 Care and Supply of Contractor's Documents
7.9.1 Each of the Contractor's Documents shall be in the custody and care of the Contractor,
unless and until they are submitted to the Engineer or the Authority.
7.9.2 Unless otherwise provided or referred to in the Work Order, the Contractor shall at its own
cost be responsible for supplying the Engineer with the number of copies of each of the
Contractor’s Documents stated to be supplied in the Work Order.
7.9.3 The Contractor shall keep at its main site office a copy of the:
A. executed Work Order;
B. ‘Quality Plan and Procedures’ prepared in accordance with Sub-clause 6.15 [Quality
Management];
C. ‘Health, Safety and Security Plan and Procedures’ prepared in accordance with Sub-
clause 6.16 [Health, Safety and Security Management];
D. ‘Environmental Plan and Procedures’ prepared in accordance with Sub-clause 6.17
[Environmental Management];
E. other relevant Contractor's Documents including those submitted to the Engineer and
those non-objected by the Engineer;
F. all notices and communications in respect of Variations; and
G. all other communications or notices given under the Work Order.
7.10 As-Built Documents
7.10.1 The Contractor shall prepare and submit for the Engineer’s non-objection:
A. provisional (marked-up) As-Built Documents; and
B. final As-Built Documents,
of the Works at the time and in the manner set out in the Project Specification and
thereafter keep those documents at the Contractor's main site office.
7.10.2 In the event of sectional completion no Section shall be considered as complete for the
purposes of taking-over pursuant to Sub-clause 14.1 [Taking-Over of the Works and
Sections] until the Engineer has received the As-Built Documents in accordance with the
Project Specification.
7.10.3 The Works shall not be considered as complete for the purposes of issue of the
Completion Certificate, pursuant to Sub-clause 14.1 [Taking-Over of the Works and
Sections], until the Engineer has received final As-Built Documents as specified in the
Project Specification.
7.11 Training
7.11.1 Where applicable, the Contractor shall train the Authority’s operational personnel or other
operational personnel in the operation and maintenance of the Works in accordance with
the Project Specification.
7.11.2 The Works or a Section shall not be considered as complete for the purposes of taking
over pursuant to Sub-clause 14.1 [Taking-Over of the Works and Sections] until the
related training has been completed in accordance with the Project Specification.
ASHGHAL WORK ORDER
7.12 Operation and Maintenance Manuals

7.12.1 Where applicable the Contractor shall supply to the Engineer operation and maintenance
manuals in accordance with the requirements of the Project Specification.
7.12.2 Where applicable the Contractor shall supply to the Engineer operating instructions and
procedures in accordance with the requirements of the Project Specification.
7.12.3 In the event of sectional completion no Section shall be considered as complete for the
purposes of taking over pursuant to Sub-clause 14.1 [Taking-Over of the Works and
Sections] until the Engineer has received, where applicable, all the operation and
maintenance manuals and operating instructions and procedures in respect of the
relevant Section in such detail as specified in the Project Specification. Such operation
and maintenance manuals and operating instructions and procedures shall provide
information for the Authority to operate, maintain, dismantle, reassemble, adjust and
repair the Section.
7.12.4 The Works shall not be considered as complete for the purposes of issue of the
Completion Certificate pursuant to Sub-clause 14.1 [Taking-Over of the Works and
Sections] until the Engineer has received, where applicable, all final operation and
maintenance manuals and operating instructions and procedures in such detail as
specified in the Project Specification.
7.13 Maintenance of Records, Inspection and Audit
7.13.1 The Contractor shall maintain, and shall ensure that its sub-contractors maintain, a
complete and accurate set of records and Contractor’s Documents pertaining to all
activities relating to the Works and all communications and transactions entered into by
the Contractor for the purposes of the Work Order. The Contractor and its sub-contractors
shall retain all such records for a period of no less than fifteen (15) years following the:
A. issue of the Maintenance Certificate; or
B. termination of the Work Order or the Contractor's employment under the Work Order,
as the case maybe.
7.13.2 Without prejudice to any other provision in this Work Order, Authorised Persons shall
have the right to access and audit any and all such records, communications and
transactions at any time during the currency of the Work Order and during the fifteen (15)
year period following:
A. issue of the Maintenance Certificate; or
B. termination of the Work Order or the Contractor's employment under the Work Order,
as the case maybe.
7.13.3 The Contractor shall allow Authorised Persons during business hours, upon three (3)
Days’ notice, to inspect or audit any aspect of the Contractor’s execution of the Works,
including, but not limited to, inspection of the Contractor’s records, communications and
transactions of any description.
7.13.4 The Contractor shall co-operate in relation to any inspection or audit by:
A. granting the Authority’s representatives access to any premises or systems used in
the Contractor’s execution of the Work Order;
B. ensuring that appropriate security systems are in place to prevent unauthorised
access to, or alteration of data during the audit; and
C. making any information relating to the execution of the Work Order available for
inspection and immediately providing copies of such information if and when
requested.

ASHGHAL WORK ORDER
8 PROGRAMME
8.1 Programme Time
8.1.1 In the programming of the execution and completion of the Works the Contractor
recognises the primacy to the Authority of maintaining the Baseline Programme in
accordance with the Work Order.
8.2 Master Programme and Baseline Programme
8.2.1 The Master Programme is provided in Schedule C [Resource Schedules]. Within twenty
eight (28) Days, or any other period as mutually agreed between the Parties, of the
Commencement Date the Contractor shall submit for the Engineer’s non-objection the
Baseline Programme and associated narrative.
The Contractor shall submit an activity programme and narrative for the purpose of
reporting progress, derived from the Baseline Programme and thereafter each time there
is a progress deviation of ± 5% from the last activity programme.
Unless expressly stated otherwise in the Work Order, each programme shall include inter-
alia:
A. the order in which the Contractor intends to carry out the Works or a Section,
including:
(i) the anticipated timing of each major activity and any change in the original
sequencing:
(ii) the dates when the Contractor will require the Authority to supply to the Contractor
the Facilities, Information and Services pursuant to Sub-clause 5.1 [Facilities,
Information and Services] if later than the dates in the Project Specification;
(iii) the Time for Completion;
(iv) each Key Date;
(v) the dates when the Contractor will require the Authority to grant access to the
Site, any foundation, structure, plant or means of access pursuant to Sub-clause
5.2 [Right of Access to the Site] if later than the dates in Schedule F [Access to
Site];
(vi) the dates when the Contractor will require the Authority to provide the Free-Issue
Materials if later than the dates in Schedule A [Project Information]; and
(vii) any other information which the Project Specification requires the Contractor to
show in each programme,
B. the date for procurement including long lead items, manufacture of Plant, Materials
and equipment, delivery to Site, construction, erection, testing, training and taking-over
of the Works or a Section;
C. works by Nominated Sub-contractors, if any;
D. the dates when the Contractor anticipates submitting the Contractor's Documents for
review by the Engineer and the periods for reviews under Sub-clause 7.8 [Review of
Contractor's Documents];
E. the sequence and timing of inspections and tests specified in the Work Order including
the Tests on Completion;
F. details of interfacing contracts and projects;
G. identification of the critical path and associated activities;

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H. a revised programme narrative to that provided in Schedule C [Resource Schedules]

which shall include:
(i) a general description of the methods which the Contractor intends to adopt for the
execution of each stage of the Works or Section;
(ii) resource allocation statement for the Works or Section and each Key Stage; and
(iii) if the Time for Completion has been extended, a statement of the extended Time
for Completion; and
I. a revised resource allocation schedule to that provided in Schedule C [Resource
Schedules].
8.2.2 The Engineer and other Authority consultants and contractors involved or interfacing with
the Project shall be entitled to rely upon the Baseline Programme when planning their
activities, and the Engineer shall take appropriate account of the same in determining
claims in accordance with Sub-clause 16.6 [Authority’s Claims].
8.2.3 The activity programme and narrative is intended for use as a management and reporting
tool and shall be revised so that it depicts a realistic projection for the future progress of
the Works. Nothing stated in the activity programme and narrative, and subsequent
amendments shall relieve the Contractor of any of its duties or obligations under the Work
Order or extend or revise the Time for Completion.
8.3 Rate of Progress
8.3.1 The Contractor shall continuously monitor the progress of all activities specified in the
Baseline Programme and shall report such, in the activity programme in the monthly
progress report the Contractor is obliged to submit in accordance with the Project
Specification.
8.3.2 If the progress of any activity is, or will be, delayed relative to the prevailing revision of the
Baseline Programme other than by reason of a cause detailed in Sub-clause 12.3 [Delays
to Completion], the Engineer may give notice of such and instruct the Contractor to submit
under Sub-clause 8.2 [Master Programme and Baseline Programme]:
A. a recovery programme; and
B. a statement for corrective action to remedy the delay and complete within the Time for
Completion for any affected Works or Section or Key Date, as the case may be.
Unless the Engineer instructs otherwise the Contractor shall adopt the proposed
measures to remedy the delay at the sole risk of the Contractor. If such measures cause
the Authority to incur additional costs the Contractor shall, subject to Sub-clause 16.6
[Authority’s Claims] pay such costs without prejudice to any other remedies under the
Work Order or at Law.
8.4 Acceleration
8.4.1 In any circumstances where the Contractor considers that it is entitled to an extension to
the Time for Completion, as provided by Sub-clause 12.3 [Delays to Completion] the
Contractor shall, at the time of submission of the Impact Assessment setting out the
Contractor's claim for an extension to the Time for Completion as required by the
Conditions of Contract, submit a written proposal to the Engineer regarding the feasibility
of acceleration of the Works stating:
A. the additional Cost setting out the basis and how the amount of Cost has been
calculated plus the Profit which shall be added to the Work Order Price; and
B. the proposals for the terms of payment; and
C. the alterations to the Baseline Programme showing the Time for Completion; and

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D. the revised programme narrative to that provided in Schedule C [Resource Schedules]

which shall include a description of the proposed methods which the Contractor
intends to adopt and a proposed resource allocation schedule to that provided in
Schedule C [Resource Schedules].
in the event that the Engineer issues to the Contractor an Acceleration Award pursuant to
this Sub-clause 8.4 [Acceleration] in lieu of an extension to the Time for Completion.
8.4.2 Within fourteen (14) Days of receipt of the Contractor's proposal the Engineer shall:
A. inform the Contractor that the Engineer does not wish to proceed with the Contractor's
proposal for acceleration; or
B. accept the Contractor's proposal and issue an Acceleration Award to proceed on the
basis of the Contractor’s proposal; or
C. request clarifications or modifications to the Contractor’s proposal and following
receipt of such revised proposal from the Contractor proceed in accordance with Sub-
clause 8.4.2 A or Sub-clause 8.4.2 B above.
8.4.3 In the event of the Engineer issuing an Acceleration Award the Engineer shall confirm, in
accordance with the Contractor's proposal:
A. the amount of the Acceleration Award, which shall be added to the Work Order Price
and associated payment milestones; and
B. the details of the acceleration and the revised sequencing, if any; and
C. the revised Time for Completion.
8.5 Early Warning
8.5.1 The Contractor shall promptly give notice of an early warning to the Engineer as soon as it
becomes aware of any event, matter or circumstance which may:
A. increase the Work Order Price;
B. delay Time for Completion; or
C. impair the performance of the Works a Section or Key Date.
8.5.2 The Contractor shall enter early warning matters in the Risk Register. Early warning of an
event for which a claim has previously been notified by the Contractor to the Engineer
under Sub-clause 16.3 [Contractor's Claims] shall not be required to be given by the
Contractor under this Sub-clause 8.5 [Early Warning] but nevertheless will be recorded on
the Risk Register.
8.5.3 The Engineer may instruct the Contractor to attend a risk reduction meeting upon
notification of an early warning. The Contractor may request the Engineer to attend a risk
reduction meeting upon notification of an early warning. The Contractor may instruct other
people to attend if the Engineer agrees. The Engineer may invite any of the Third Parties
to attend the risk reduction meeting with the Contractor (with or without the Contractor’s
agreement). At a risk reduction meeting, those who attend shall:
A. make and consider proposals for how the effect of the registered risks can be avoided
or reduced;
B. seek solutions that shall bring advantage to all those who shall be affected by the
registered risks;
C. confirm the actions which shall be taken and by whom, in accordance with the Work
Order and any contract between the Authority and any of the Third Parties involved on
the Project; and

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D. confirm which risks have now been avoided or have passed and can be removed from
the Risk Register.
8.5.4 The Contractor shall revise the Risk Register to record the conclusions reached at each
risk reduction meeting and shall issue the revised Risk Register to the Engineer as soon
as reasonably practicable. If a solution or action requires the Engineer to issue a Variation
in accordance with Sub-clause 16.2 [Variations] or an Instruction in accordance with Sub-
clause 5.4 [Instructions], then such Engineer’s action (due issue of variation or instruction)
shall be noted with the issue of the revised Risk Register.
8.5.5 The risks in the Risk Register shall not affect the risk allocation agreed between the
Authority and the Contractor as set out in the Conditions of Contract. Unless expressly
stated otherwise in the Conditions of Contract, the Contractor shall not be entitled to an
extension to the Time for Completion, or payment of any additional Cost or an adjustment
to the Work Order Price or any other relief under the Work Order for such risks entered
into the Risk Register or such other event, matter or circumstance notified as an early
warning.
8.5.6 Subject to Sub-clause 16.3 [Contractor's Claims], if the Contractor has failed to give an
early warning of an event, matter or circumstance that has given rise to a Contractor's
claim under Sub-clause 16.3 [Contractor's Claims], the Engineer’s Evaluation of the
Contractor's claim shall take account of the extent, if any, to which the failure of Contractor
to provide an early warning has prevented or prejudiced the Engineer’s ability to
investigate and / or mitigate the impact of event, matter or circumstance.
9 EXECUTION OF THE WORKS

9.1 Contractor’s Execution.
9.1.1 The Contractor shall design (to the extent specified in the Work Order), execute and
complete the Works which shall conform in all respects with the Work Order and the
Engineer’s instructions, and remedy any defects in the Works in accordance with the
Work Order.
9.1.2 The Contractor warrants that, prior to the Base Date, it has scrutinised and shall continue
to scrutinise the Project Specification and all other Work Order Documents and all of the
necessary aspects and conditions relating to the Work Order Documents and has satisfied
itself and shall be responsible for and warrants the accuracy of the execution and
completion of the Works in accordance with the requirements in the Project Specification
and the other requirements in the Work Order Documents.
9.1.3 The Contractor shall provide the Plant, Materials and Contractor's Documents specified in
the Work Order, including all Contractor's Personnel, Goods, consumables and other
things and services, whether of a temporary or permanent nature, required in and for the
design (to the extent specified in the Work Order), execution, completion of and
remedying of defects in the Works.
9.1.4 The Works shall include all work which is necessary to satisfy the requirements of the
Work Order and all works which are necessary for the stability or for the completion, or
safe and proper operation, of the Works.
9.1.5 The Contractor shall be responsible for the adequacy, stability and safety of all operations,
and methods of construction for all the Works.
Where the Work Order specifies that the Contractor shall carryout design the Contractor
shall be responsible for that specified element of design which shall be fit for purpose as
specified in the Work Order.

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9.1.6 The Contractor shall, whenever required by the Engineer, submit details of the
arrangements and methods which the Contractor proposes to adopt for the execution of
the Works in accordance with Sub-clause 7.8 [Review of Contractor's Documents]. Except
in cases of emergency, in which event the Contractor shall comply with the notice
provisions of this Clause 9 [Execution of the Works] without delay given the circumstances
of such emergency, no significant alteration to these arrangements and methods shall be
made without prior notification to the Engineer.
9.2 Contractor's Care of the Works
9.2.1 The Contractor shall take full responsibility for the care of the Works and Goods from the
Commencement Date until the issue of the relevant Taking-Over Certificate in respect of a
Section or the issue of the Completion Certificate for the Works, as the case may be, upon
which responsibility for the care of the Works or the Section, as the case may be, shall
pass to the Authority.
9.2.2 After responsibility for the care of the Works and Goods has passed to the Authority, the
Contractor shall take responsibility for the care of any work which is outstanding on the
date stated in the Taking-Over Certificate or the Completion Certificate until such
outstanding work has been completed.
9.2.3 Notwithstanding the foregoing, where a Variation has been instructed by the Engineer
pursuant to Sub-clause 16.2 [Variations] in respect of a part of the Works or a Section, as
the case may be, after the issuance of a Taking-Over Certificate, the Parties shall agree
amongst other items the part of the Works or a Section for which full responsibility for care
shall be resumed by the Contractor from the start of the execution of the Variation by the
Contractor on that part of the Works or Section. The Contractor’s responsibility for care for
such part of the Works or a Section, as the case may be, shall continue up to the date of
non-objection by the Engineer confirming that the Variation has been completed.
9.2.4 If any loss or damage happens to the Works, Goods or Contractor's Documents, during
the period when the Contractor is responsible for their care, from any cause not listed in
Sub-clause 17.3 [Authority’s Risks], the Contractor shall rectify the loss or damage at its
risk and responsibility and shall ensure that the Works, Goods and Contractor's
Documents are otherwise in accordance with the Work Order.
9.2.5 The Contractor shall be liable for any loss or damage to the Works, Goods or Contractor’s
Documents caused by any actions, or omissions as the case may be, performed by the
Contractor after a Taking-Over Certificate or the Completion Certificate has been issued.
9.2.6 Until the end of the Maintenance Period, the Contractor shall also be liable for any loss or
damage to the Works, Goods or the Contractor’s Documents which occurs after a Taking-
Over Certificate or the Completion Certificate has been issued and which arose from a
previous event for which the Contractor was liable.
9.3 Co-ordination with Third Parties
9.3.1 The Contractor shall be responsible for co-ordinating all matters associated with, and
including, the execution of the Works with any:
A. interfacing contracts and projects; and
B. Third Parties.
The Contractor shall make arrangements directly with such other interfacing contracts or
projects and Third Parties carrying out such work as appropriate and report such activities
to the Engineer in accordance with the reporting requirements arising under Sub-clause
6.18 [Records and Progress Reporting] or as otherwise instructed.

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9.3.2 The Contractor shall use its best endeavours, as assisted by the Authority pursuant to
Sub-clause 17.5 [Authority's Assistance] and the Engineer, to resolve actual or potential
difficulties associated with any interfacing contracts or projects and / or Third Parties and
mitigate the effects of the same.
9.4 Contractor's Operations on Site
9.4.1 The Contractor shall confine its operations to those areas of the Site to which it has been
provided access in accordance with Sub-clause 5.2 [Right of Access to the Site], and to
any additional areas which may be obtained by or on behalf of the Engineer which the
Parties otherwise agree as additional areas shall be treated as the Site for the purposes of
the Work Order. The Contractor shall keep the Contractor’s Personnel and Contractor's
Equipment within the Site.
9.4.2 During the execution and completion of the Works, the Contractor shall keep the Site free
from all unnecessary obstruction, and shall store or dispose of any surplus Contractor’s
Equipment or materials. The Contractor shall clear away and remove from the Site any
wreckage, rubbish and Temporary Works which are no longer required.
9.4.3 Upon receipt of the Taking-Over Certificate for the Works or a Section, as the case may
be, the Contractor shall clear away and remove all Contractor’s and sub-contractors'
surplus equipment and material, wreckage, rubbish and Temporary Works from the Site.
The Contractor shall leave the Site and the Works in a clean and safe condition. However,
the Contractor may subject to the non-objection of the Engineer retain on the Site, for the
duration of the Maintenance Period, such Goods as are required for the Contractor to fulfil
its obligations under the Work Order.
9.5 Avoidance of Interference
9.5.1 The Contractor shall not interfere unnecessarily or improperly with:
A. the convenience of the public; or
B. the access to, and use and occupation of, all roads and footpaths, irrespective of
whether they are public or in the possession of the Authority.
9.6 Access Route
9.6.1 The Contractor shall be deemed to be satisfied as to the suitability and availability of
access routes to the Site. The Contractor shall prevent any road or bridge communicating
with or on the routes to the Site from being damaged by any traffic of the Contractor or
any of its sub-contractors or suppliers and shall select routes, choose and use vehicles
and restrict and distribute loads so that any such extraordinary traffic as will inevitably
arise from moving the Materials, Plant and Contractor's Equipment from and to the Site,
shall be limited as far as reasonably possible so that no damage or injury may be
occasioned to such roads and bridges.
9.6.2 Except where expressly stated otherwise in the Work Order:
A. the Contractor shall (as between the Parties) be responsible for any maintenance
which may be required for its use of all public roads used as access routes;
B. the Contractor shall provide all necessary signs or directions along access routes, and
shall obtain any permissions which may be required from the relevant authorities for its
use of routes, signs and directions;
C. the Authority shall not be responsible for any claims from any party which may arise
from the use or otherwise of any access route;
D. the Authority does not guarantee the suitability or availability of particular access
routes; and

ASHGHAL WORK ORDER
E. any costs arising from the failure of access routes to prove suitable or to be available,
for the use required by the Contractor, shall be borne by the Contractor.
10 CONTRACTOR’S PERSONNEL
10.1 Contractor’s Representative
10.1.1 Prior to the Commencement Date the Contractor shall submit for the Engineer's non-
objection the name and correspondence details of the Contractor’s Representative and
shall not, without the prior non-objection of the Engineer, revoke the appointment or
appoint a replacement.
10.1.2 The Contractor’s Representative shall have all authority vested in it as necessary to act on
behalf of the Contractor for all the purposes of the Work Order, to receive and implement
all instructions, to give and receive all notices, other correspondence, and the like and
shall be authorised to make decisions and accept commitments on behalf of the
Contractor.
10.1.3 The Contractor’s Representative may from time to time, by notice to the Engineer,
delegate any authority vested in it to deputy representative(s), and may also revoke such
delegation. Any delegation or revocation shall not take effect without the Engineer’s prior
non-objection of such notice naming the person and specifying the authority being
delegated or revoked.
10.1.4 Any action, act or exercise by a deputy representative, in accordance with delegation,
shall be deemed to have been an action, act or exercise by the Contractor’s
Representative.
10.1.5 Any and all communication, in any form whatsoever, issued to the Contractor’s
Representative, or authorised deputies, shall be deemed to have been issued to the
Contractor.
10.2 Contractor's Superintendence
10.2.1 The Contractor shall provide the personnel identified in Schedule C [Resource Schedules]
who shall be deemed to be non-objected by the Engineer, and such other key personnel
as may be non-objected by the Engineer from time to time to execute and complete the
Works who shall be suitably qualified and experienced for their assigned duties.
10.2.2 Throughout the design (to the extent specified in the Work Order), execution and
completion of the Works and the remedy of any defects in the Works, and as long
thereafter as is necessary to fulfil the Contractor's obligations under the Work Order, the
Contractor shall provide all necessary superintendence to plan, arrange, direct, manage,
inspect and test the Works.
10.2.3 Superintendence shall be given by a sufficient number of persons having adequate
command of the English language and knowledge of the operations to be carried out
(including the methods and techniques required, the hazards likely to be encountered and
methods of preventing accidents), for the satisfactory and safe execution and completion
of the Works and the remedy of defects in the Works under the Work Order.
10.3 Contractor's Personnel
10.3.1 Except where expressly stated otherwise in the Work Order the Authority shall not be
liable in any way to the Contractor’s Personnel.
10.3.2 The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst the
Authority’s or Engineer's personnel.

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10.3.3 The Contractor shall ensure that the Contractor’s Personnel shall familiarise themselves,
and at all times behave properly in accordance, with the norms of Qatari culture and social
behaviour.
10.3.4 The Contractor shall ensure that the Contractor's Personnel shall be appropriately
qualified, skilled and experienced in their respective trades or occupations.
10.3.5 In the event that any of the Contractor’s Personnel are deemed by the Engineer to be:
A. acting in a manner inconsistent with the requirements of Sub-clause 10.3.3; or
B. persistent in any conduct which is prejudicial to the quality, health and safety, security
or the protection of the environment requirements in the Project Specification; or
C. carrying out duties incompetently or which would otherwise likely to cause the
Contractor to be in breach of the Work Order; or
D. failing to conform with any provisions of the Work Order or the Law;
E. detrimental to the collaborative working approach obligated in the Framework
Contract; or
F. guilty of serious misconduct and / or acting in a fraudulent or corrupt manner,
the Engineer shall be entitled to instruct the Contractor to remove such personnel from the
Project, setting forth the reasons for removal of such personnel. The Contractor shall upon
receipt of the Engineer’s written instruction remove such personnel:
(i) within forty two (42) Days, where removal is instructed pursuant to this Sub-clause
10.3.5. A to E; or
(ii) immediately, where removal is instructed pursuant to Sub-clause 10.3.5. F,
and within forty two (42) Days from receipt of the instruction to remove such personnel
provide a suitable replacement with equivalent qualifications and competence non-
objected by the Engineer.
The time and cost implications of such removal and replacement shall be borne entirely by
the Contractor and the Authority shall have no liability whatsoever to the Contractor.
In the event that the Contractor fails to provide a replacement within the specified time,
the Engineer shall have the right to make such replacement or take any necessary action
at the expense of the Contractor until such time as the Engineer has non-objected such
replacement.
10.3.6 The Contractor shall comply with all relevant Law in respect of labour and the employment
of the Contractor’s Personnel, including the laws relating to their employment, health,
safety, welfare, immigration and emigration, and shall allow them all their legal rights.
10.3.7 The Contractor shall procure that the Contractor’s Personnel obey the Law, including
those in respect of health and safety at work.
10.3.8 Whilst engaged in the State of Qatar the Contractor’s Personnel shall be entitled to weekly
rest days and public holidays as recognised by the State of Qatar and shall be entitled to
annual leave and sick leave in accordance with the Law.
10.4 Facilities for Staff and Labour
10.4.1 The Contractor shall provide, maintain and demobilise all necessary accommodation and
welfare facilities for the Contractor's Personnel and shall also provide facilities for the
Authority’s and Engineer's personnel, if any, as specified in the Project Specification.
10.4.2 The Contractor shall not permit any of the Contractor’s Personnel to maintain any
temporary or permanent living quarters within the structures forming part of the Works nor
on the Site.

ASHGHAL WORK ORDER
10.5 Disorderly Conduct

10.5.1 The Contractor shall prevent any unlawful, riotous or disorderly conduct by or amongst
any of the Contractor's Personnel and any of the other personnel for whom the Contractor
retains contractual responsibility on the Site, and preserve the peace and security of all
persons and the protection of all property on the Site.
10.6 Qatari Personnel
10.6.1 The Contractor shall make efforts to employ Qatari nationals in professional positions as
far as practicable.
10.6.2 In addition to the provisions of Sub-clause 10.6.1, the Contractor shall afford training to
nominated Authority personnel if so requested by the Authority and agreed costs will be
reimbursed by the Authority to the Contractor for the provision of this training as a
Variation pursuant to Sub-clause 16.2 [Variations].
10.7 Assignment, Sub-contractors and Suppliers
10.7.1 With the exception of the sub-contractors and suppliers identified in Schedule C
[Resource Schedules], which are deemed as non-objected by the Engineer, the
Contractor shall not:
A. enter into any form of association, assign or transfer any of its rights or obligations
under the Work Order; or otherwise;
B. directly or indirectly sub-contract any element of the Works;
C. permit any sub-contractor to sub-contract any element of the Works;
D. engage any supplier or permit sub-contractors to engage any supplier,
without the Engineer’s prior non-objection of the proposed assignee, sub-contractor or
supplier.
Unless otherwise non-objected by the Engineer sub-contracting and sub-sub-contracting
of any part of the Works shall only be permitted to a second tier sub-contractor or supplier.
This restriction shall not apply to the sub-contracts identified in Sub-clause 10.7.2.
10.7.2 Notwithstanding Sub-clause 10.7.1, the Contractor shall not be required to obtain the
Engineer’s non-objection for:
A. labour only sub-contracts; or
B. sub-contracts (including Goods and Material supply) for non-critical elements of the
Works if the amounts payable under such sub-contracts, or the aggregate of amounts
payable under all such sub-contracts with the same sub-contractor, are less than five
hundred thousand Qatari Riyals (QAR 500,000).
10.7.3 For the purposes of this Sub-clause 10.7 [Assignment, Sub-contractors and Suppliers]
non-critical elements means Goods, part of the goods for which any defect that could
appear would not:
A. jeopardize the nett capacity of the Works;
B. decrease the Works safety factor;
C. increase the cost of operation of the Works;
D. delay the Master Programme or the Baseline Programme.
10.7.4 In respect of sub-contractors or suppliers subject to the Engineer’s non-objection the
Contractor shall give the Engineer not less than forty-five (45) days’ notice of their
intended appointment, with detailed particulars which shall include relevant experience
and, in the case of:

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A. sub-contractors or sub-consultants, the intended commencement of the sub-

contractors’ work or sub-consultants’ activities on the relevant part of the Site;
B. suppliers, the intended Site delivery date of the Goods.
10.7.5 If the Contractor is permitted to sub-contract any part of the Works or engage suppliers
without the Engineer’s non-objection in accordance with Sub-clause 10.7.2, the Contractor
shall notify the Engineer of the details of such sub-contract (including supply contracts) in
the first subsequent monthly progress report made in accordance with the Project
Specification.
10.7.6 Notwithstanding the provisions of Sub-clause 10.7.1, the Contractor shall:
A. sub-contract a minimum of thirty per cent (30%) of the Contract Price at execution of
the Contract to Qatari registered companies;
B. not sub-contract more than sixty per cent (60%) of the Contract Price at execution of
the Contract without the express approval of the Engineer.
10.7.7 In the event of the Engineer’s non-objection, or any deemed non-objection, of the sub-
contracting of any element of the Works or engagement of suppliers, such non-objection
shall not relieve the Contractor from any liability or obligation for the completion of the
Works in accordance with the Work Order and the Contractor shall be responsible for the
acts, defaults or omissions of any sub-contractor, their personnel and agents as if they
were the acts, defaults or omissions of the Contractor.
10.7.8 It is a precondition of the Engineer’s non-objection, or any deemed non-objection, that the
sub-contractor shall provide a collateral warranty in favour of the Authority pursuant to
Sub-clause 3.6 [Collateral Warranties].
10.7.9 The non-objection of any sub-contractor or supplier shall not create any contractual
relationship between the Authority and the sub-contractor other than as specified in the
collateral warranty pursuant to Sub-clause 3.6 [Collateral Warranties].
10.7.10 The Contractor shall not terminate any sub-contractor in relation to the Works without the
Engineer’s prior non- objection.
10.8 Responsibility for Contractor’s Personnel
10.8.1 Except for those works carried out by a third party in accordance with Sub-clause 14.7
[Failure to Remedy Defects] and arising under Sub-clause 16.2 [Variations], the
Contractor shall be solely responsible for the manner in which the Works are executed, for
all claims for payments made to its sub-contractors or suppliers and for the acts, defaults
and omissions of the Contractor’s Personnel. All employees, representatives, agents, sub-
contractors or suppliers engaged by the Contractor in connection with the performance of
the Contractor's obligations under the Work Order shall be deemed under the complete
control of the Contractor and shall not be deemed to be employees of the Authority.
10.9 Nominated Sub-contractors
10.9.1 The Contractor shall employ the Nominated Sub-contractors as identified in the Project
Specification.

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10.9.2 Notwithstanding that any such Nominated Sub-contractors are employed by the
Contractor upon the instruction of the Authority or Engineer, the Contractor shall be
responsible for the acts, defaults or omissions of each Nominated Sub-contractor their
personnel and agents, as if they were the acts, defaults or omissions of the Contractor. In
the event of any default or insolvency leading to termination of the employment of any
Nominated Sub-contractor the Engineer shall not be responsible for re-nominating a
replacement sub-contractor to complete such work. The Contractor shall not be entitled to
any additional Cost, or any adjustment of the Work Order Price or additional payment or
any extension to the Time for Completion or any other relief or remedy under the Work
Order arising out of the default or insolvency leading to termination of the employment of
any Nominated Sub-contractor. The Contractor shall then obtain the Engineer's non-
objection of such replacement sub-contractor pursuant to Sub-clause 10.7 [Assignment,
Sub-contractors and Suppliers].
11 PLANT, MATERIALS AND WORKMANSHIP

11.1 Manner of Execution
11.1.1 The Contractor shall itself or through its sub-contractors and suppliers, carry out the
manufacture of Plant, the production and manufacture of Materials and the execution of all
other elements of the Works:
A. in a manner that complies with and satisfies the requirements of the Work Order;
B. in accordance with the relevant Laws and Applicable Codes and Standards;
C. in a proper, workmanlike and professional manner and in accordance with Good
Engineering and Construction Practices;
D. with properly equipped facilities and, except where expressly specified otherwise in
the Work Order, non-hazardous Materials;
E. in compliance with the provisions of Sub-clause 7.5 [Qatari Preference Requirement];
and
F. in a manner that mitigates or avoids escalation of cost.
11.2 Samples, Mock-Ups and Animations
11.2.1 The Contractor shall, at its own cost, submit any and all samples, mock-ups, animations
and the like to the Engineer, for review in accordance with the procedures for Contractor's
Documents described in Sub-clause 7.7 [Contractor’s Documents] and as specified in the
Project Specification. Each sample, mock-up animation and the like shall be labelled as to
origin and intended use in the Works.
11.3 Inspection
11.3.1 The Authorised Persons shall at all times and as stated in the Work Order:
A. have full access to those parts of the Site to which the Contractor has been provided
access in accordance with Sub-clause 5.2 [Right of Access to the Site], and to all
places from which Materials are being obtained; and
B. during production, manufacture and construction be entitled to examine, inspect,
measure and test the materials and workmanship, and to check the progress of
manufacture of Plant and production and manufacture of Materials.
11.3.2 The Contractor shall give all Authorised Persons full opportunity to carry out these
activities, including providing access, facilities, permissions and safety equipment. No
such activity shall relieve the Contractor from any obligation or responsibility under the
terms of the Work Order.

ASHGHAL WORK ORDER
11.3.3 In respect of the work which the Authorised Persons, are entitled to examine, inspect,
measure and / or test, the Contractor shall give notice to the Engineer whenever any such
work is ready and before it is covered up, put out of sight, or packaged for storage or
transport. The Engineer shall then either arrange for the Authorised Persons to carry out
the examination, inspection, measurement or testing without delay, or promptly give notice
to the Contractor that the Engineer does not require to do so. If the Contractor fails to give
the notice, it shall, if and when required by the Engineer, uncover the work and thereafter
reinstate and make good, all at the Contractor's risk.
11.3.4 Where the Engineer, or an Authorised Person on its behalf, has not carried out the
examination, inspection, measurement or testing (whether or not it has notified the
Contractor that it does not require to do so) and subsequently determines that it wishes to
do so, the Engineer may require the Contractor to uncover a part of the Works and carry
out an inspection or test of the uncovered works.
11.3.5 Subject to the provisions of this Sub-clause 11.3 [Inspection], and unless the inspection or
test reveals that any materials or any parts of the Works are not in accordance with the
Work Order, if the Contractor suffers delay or incurs additional Cost in respect of so
uncovering the Works, the Contractor shall be entitled, subject to Sub-clause 16.3
[Contractor's Claims], to:
11.4 Testing
11.4.1 This Sub-clause 11.4 [Testing] shall apply to all tests specified in the Project Specification
that apply to the Works.
11.4.2 The Contractor shall prepare and submit testing procedures in accordance with the
requirements specified in the Project Specification for the non-objection by the Engineer.
11.4.3 The Contractor shall carry out all tests in accordance with the testing procedures, which
shall have received the Engineer’s prior non-objection, under the operating conditions set
out in the Project Specification, and shall provide all apparatus, assistance, documents
and other information, electricity, equipment, fuel, consumables, instruments, labour,
materials, and suitably qualified and experienced staff, as are necessary to carry out the
specified tests efficiently. The Contractor shall agree, with the Engineer, the time and
place for the specified testing of any Plant, Materials and other parts of the Works in
accordance with the Project Specification.
11.4.4 The Engineer may in accordance with the provisions of Sub-clause 16.2 [Variations], vary
the location or details of specified tests, or instruct the Contractor to carry out additional
tests. If these tests reveal that the Plant, Materials or workmanship are not in accordance
with the Work Order, the cost and time implications of carrying out this Variation shall be
borne by the Contractor, notwithstanding any other provision of the Work Order.
11.4.5 Unless expressly stated otherwise in the Work Order, the Contractor shall give the
Engineer no less than seven (7) Days’ notice before the Contractor proceeds with any
tests under or in connection with the Work Order, the Engineer may attend the tests and
shall give the Contractor not less than twenty four (24) hours' notice of its intention to
attend the tests. If the Engineer fails to attend at the time and place of the notified testing
activities, the Contractor may proceed with the tests unless otherwise instructed by the
Engineer and the tests shall then be deemed to have been made in the Engineer's
presence. Authorised Persons may also attend the tests.

ASHGHAL WORK ORDER
11.4.6 If the Contractor suffers delay or incurs additional Cost in respect of the performance of
the tests for which the Authority or Engineer is responsible, the Contractor shall notify the
Engineer and shall be entitled subject to Sub-clause 16.3 [Contractor's Claims] to:
11.4.7 The Contractor shall promptly forward to the Engineer duly certified reports of the tests.
When the specified tests have been passed, the Engineer shall endorse the Contractor's
test certificate, or issue a certificate to the Contractor, to that effect. If the Engineer has
not attended the tests the Engineer shall be deemed to have accepted the test results as
accurate.
11.4.8 The Contractor shall give the Engineer not less than five (5) Days’ notice of its intention to
commence the Preliminary Tests. The Contractor shall perform the Preliminary Tests in
accordance with the provisions of the Project Specification.
11.4.9 When, in the opinion of the Contractor, the Preliminary Tests for a particular part of the
Works have been successfully completed ("Mechanical Completion") and the part of the
Works is ready to undergo the Tests on Completion, the Contractor shall apply to the
Engineer in writing for a Mechanical Completion Certificate for that part of the Works.
11.4.10 Where demonstrated that the requirements for Mechanical Completion have been met,
the Engineer shall issue a Mechanical Completion Certificate within five (5) Days of
receipt of the Contractor's application. Mechanical Completion shall occur on the date of
execution of the Mechanical Completion Certificate. If the Engineer is not satisfied the
Engineer shall within five (5) Days notify the Contractor in writing of the reasons why and
shall not issue a Mechanical Completion Certificate. If, within five (5) Days, the Engineer
does not issue a Mechanical Completion Certificate for the part of the Works, or notify the
Contractor of the reasons why such certificate will not be issued, the Mechanical
Completion Certificate for that part of the Works named on the certificate shall be deemed
to have been issued.
11.4.11 If the Engineer has declined in writing, with reasons, to issue a Mechanical Completion
Certificate, the Contractor shall take all necessary steps to remedy the reasons stated by
the Engineer for so declining and shall thereafter submit a further application for a
Mechanical Completion Certificate and the provisions of Sub-clause 11.4.10 shall apply.
11.4.12 Should the Contractor be dissatisfied with the Engineer’s decision not to issue a
Mechanical Completion Certificate, the Contractor shall be entitled to issue a Notice of
Dissatisfaction and refer the Dispute for resolution pursuant to Clause 20 [Settlement of
Disputes]. Notwithstanding such notice the Contractor shall give effect to the Engineer’s
decision.
after receipt of the Engineer’s decision, or the due date for issuing a decision as the case
may be, failing which it shall be deemed that no Dispute exists and no additional liability
shall flow to the Engineer or Authority.
11.5 Rejection
11.5.1 If, as a result of an examination, inspection, measurement or test, any Plant, Materials,
design or workmanship is found to be defective or otherwise not in accordance with the
Work Order, the Engineer may reject the Plant, Materials, design or workmanship by
giving notice to the Contractor, setting out its reasons for the rejection. Upon receipt of the
notice, the Contractor shall within the period instructed by the Engineer make good the
defect and ensure that the rejected item complies with the Work Order at its own risk.

ASHGHAL WORK ORDER
11.5.2 If the Engineer requires the Plant, Materials, design or workmanship to be retested, the
tests shall be repeated under the same terms and conditions. If the Authority incurs
additional costs as a result of such rejection and retesting the Contractor shall, subject to
Sub-clause 16.6 [Authority’s Claims] pay these costs to the Authority.
11.6 Remedial Work
11.6.1 Notwithstanding any previous test or certification, comment or failure to comment
pursuant to Sub-clause 7.7 [Contractor’s Documents], or Sub-clause 7.8 [Review of
Contractor’s Documents] the Engineer may in accordance with Sub-clause 5.4
[Instructions] instruct the Contractor to:
A. remove from the Site and replace any Plant or Materials which are not in accordance,
or do not comply, with the Work Order;
B. remove and re-execute any other work which is not in accordance with the Work
Order; and
C. execute any work which is urgently required for the safety of the Works, whether
because of an accident, unforeseeable event or otherwise.
11.6.2 If the Contractor fails to comply with any such instruction, the Authority shall be entitled to
employ and pay other persons to carry out the work. Except to the extent that the
Contractor would have been entitled to payment for the work, the Contractor shall, subject
to Sub-clause 16.6 [Authority’s Claims], pay to the Authority all additional costs arising
from such failure.
11.7 Ownership of Plant and Materials
11.7.1 Each item of Plant and Materials shall, to the extent consistent with the relevant Law,
become the property of the Authority at whichever is the earlier of the following times, free
from liens and other encumbrances:
A. in respect of Plant and Materials to be imported, the earlier of the date of:
(i) the Plant or Materials passing the ship's rail at the port of loading or, where some
other mode of transport is used, when such item is first placed into the hands of
the carrier providing that mode of transport; or
(ii) the date of payment or discharged payment by the Authority;
B. in respect of locally supplied Plant or Materials, the earlier of:
(i) the date the relevant item is delivered to the Site; or
(ii) the date of payment or discharged payment by the Authority.
11.7.2 Ownership of the Contractor's Equipment used by the Contractor and its sub-contractors
in connection with the Works shall remain with the Contractor or its sub-contractors.
11.7.3 Ownership of any item of Plant or Materials in excess of the requirements for the Works
shall revert to the Contractor upon the issue of the Completion Certificate for the whole of
the Works or at such earlier time as the Engineer agrees that the Plant or Materials in
question are no longer required for the Works.
11.7.4 Notwithstanding the transfer of Ownership of the Plant and Materials, the responsibility for
care and custody thereof, together with the risk of loss or damage thereto, shall remain
with the Contractor until such Plant and Materials are included in the Works or a Section,
as the case may be, for which a Taking-Over Certificate has been issued pursuant to Sub-
clause 14.1 [Taking-Over of the Works and Sections], subject to the provisions of Sub-
clause 9.2 [Contractor’s Care of the Works].

ASHGHAL WORK ORDER
11.7.5 The Contractor shall not file, claim or register any lien and shall prevent any lien from
being filed, claimed or registered by any sub-contractor or by any employee, servant or
agent of the Contractor or sub-contractor against the property of the Authority or the
Contractor for any Works done or any services rendered or any Contractor's Equipment or
Plant and Materials supplied under the Work Order or any sub-contract let by the
Contractor.
11.7.6 In the event that any such lien should be filed, claimed or registered by any such person
against any Plant and Materials or Contractor's Equipment or against any monies then
due or to become due to the Contractor from the Authority, the Contractor shall
immediately notify the Engineer and shall promptly discharge, by guarantee or otherwise,
such lien or attachment, and exonerate, indemnify, and protect the Authority against any
loss, damage, or expense in connection therewith, including legal fees.
11.7.7 Until any lien is fully discharged, the Authority shall have the right to withhold the full
amount of any payments to be made to the Contractor in relation to such Plant, Materials
or Contractor's Equipment or monies due, and such withholding of payment shall not
affect the other rights and obligations of the Parties under the Work Order. Alternatively,
the Authority may discharge the lien by paying the appropriate amount directly to the
relevant party and deduct such amount from further payments to be made to the
Contractor pursuant to Sub-clause 16.6 [Authority’s Claims].
11.7.8 If at any time the Contractor shall allow indebtedness to accrue for labour, Contractor’s
Equipment, Plant and Materials supplied under the Work Order for which the Authority
may become liable for payment or which may become a lien on the Works or any part
thereof or supplies therefor or on the Authority’s property or possessions, the Authority
may withhold payment in an amount equal to such indebtedness until the Contractor has
delivered satisfactory evidence that the said indebtedness has been fully discharged.
11.7.9 On its application for a Taking-Over Certificate in respect of any Section and / or a
Completion Certificate in respect of the completion of the Works, as the case may be,
pursuant to Sub-clause 14.1 [Taking-Over of the Works and Sections], the Contractor
shall certify to the Engineer, by way of a certificate (the "Release of Liens and Claims
Certificate") that it has no knowledge of and, in any event, irrevocably waives any
outstanding liens or claims which may result in liens affecting the Works or Section, as the
case may be.
11.7.10 With respect to any lien or claim outstanding at the date of issue of the Maintenance
Certificate or termination of the Work Order or the Contractor’s employment under the
Work Order, the Contractor shall promptly pay or allow to the Authority all costs incurred
or likely to be incurred by the Authority in extinguishing such liens or claims, including any
costs of filing and legal fees.
12 COMMENCEMENT AND COMPLETION

12.1 Effective Date and Commencement
12.1.1 The Work Order shall come into effect in accordance with the provisions of Sub-clause
2.1.4.
12.1.2 Notwithstanding the provisions of Sub-clause 2.1.4 the Commencement Date of the
Works under the Work Order shall be that date notified in the notice to proceed issued by
the Authority and transcribed into Appendix I [Work Order Particulars].
12.1.3 Subject to the Contractor complying with Sub-clause 2.1.4 E, the Contractor shall
commence the execution of the Works from the Commencement Date however nothing
shall prevent the Contractor from commencing activities related to the Works at its own
risk prior to the Commencement Date.

ASHGHAL WORK ORDER
12.2 Time for Completion

12.2.1 The Contractor shall execute and complete the whole of the Works and, each Section and
Key Stage (if applicable), within the Time for Completion including, as the case may be:
A. completion of all Key Stages and interfaces as described in Schedule A [Project
Specification];
B. achieving the passing of the Tests on Completion; and
C. completing all work, including the supply of all of the Contractor’s Documents specified
as being required for the Works or Section, as the case may be, to be considered
complete for the purposes of taking-over under Sub-clause 14.1 [Taking-Over of the
Works and Sections] including:
(i) delivery of each and every Collateral Warranty required to be delivered by the
Contractor to the Authority pursuant to Sub-clause 3.6 [Collateral Warranties];
(ii) the As-Built Documents pursuant to Sub-clause 7.10 [As-Built Documents];
(iii) the appropriate training in accordance with Sub-clause 7.11 [Training];
(iv) the Operation and Maintenance Manuals and Operating Procedures pursuant to
Sub-clause 7.12 [Operation and Maintenance Manuals];
D. completion of the work described in Sub-clause 9.4 [Contractor’s Operations on Site];
and
E. issue of the ‘Release of Liens and Claims’ certificate to the Engineer pursuant to Sub-
clause 11.7.9.
12.2.2 The Contractor shall execute and complete each Key Stage by its associated Key Date
including, as the case may be, completion of associated Key Stage interfaces as
described in Schedule A [Project Specification] by each Key Date.
12.3 Delays to Completion
12.3.1 The Contractor shall be entitled, subject to Sub-clause 16.3 [Contractor’s Claims], to an
extension to the Time for Completion if and to the extent that completion for the purposes
of Sub-clause 14.1 [Taking-Over of the Works and Sections] is or will be delayed by any
of the following causes:
A. a cause of delay giving an express entitlement to an extension to the Time for
Completion in the Conditions of Contract; or
B. any delay occasioned by a non-culpable suspension to which Sub-clause 19.2
[Consequences of Suspension] applies; or
C. any breach of the Work Order, delay, impediment or prevention caused by or
attributable to the Authority, Engineer or other consultants or contractors engaged by
the Authority involved on the Programme interfacing with the Works.
12.3.2 The Contractor shall, in consultation with the Engineer, use all reasonable endeavours to
mitigate the effects of delay.
12.3.3 Except in circumstances provided for in Sub-clauses 12.3.1 the Contractor shall not be
entitled to any extension to the Time for Completion.
12.3.4 If the Contractor considers itself to be entitled to an extension to the Time for Completion,
the Contractor shall give notice to the Engineer in accordance with Sub-clause 16.3
[Contractor’s Claims]. When determining each extension to the Time for Completion under
Sub-clause 16.3 [Contractor’s Claims], the Engineer shall review previous determinations
and may increase, but shall not decrease, the total extension to the Time for Completion.

ASHGHAL WORK ORDER
12.3.5 In addition to any other provisions of this Work Order, the Engineer may at any time,
prospectively or retrospectively, in its sole discretion and without any obligation to do so,
by notice to the Contractor extend the Time for Completion by reason of any breach of the
Work Order, delay, impediment or prevention caused by, or attributable to, the Authority,
Engineer or other consultants or contractors engaged by the Authority involved on the
Programme interfacing with the Works.
12.4 Delays Caused by Third Parties
12.4.1 If all of the following conditions are satisfied:
A. the Contractor has diligently followed the procedures laid down by the relevant Third
Party; and
B. the relevant Third Party delays or disrupts the Contractor’s work;
C. in the event the delay or disruption arises from or in connection with delay to Third
Party approvals, consents and the like and the Contractor identified such approval or
consent in the latest activity programme and has notified the Engineer of such
potential for delay or disruption to the Works in the updated Risk Register issued with
the periodical report submitted in accordance with Sub-clause 6.18 [Records and
Progress Reporting]; and
D. the Contractor has used all reasonable endeavours in consultation with the Engineer
to mitigate the effects of such delay or disruption,
then this delay or disruption will be considered as a cause of delay under Sub-clause
12.3.1 A.
13 TESTS ON COMPLETION
13.1 Procedures
13.1.1 The Contractor shall prepare and submit testing and commissioning procedures in
accordance with the Project Specification.
13.1.2 For the purposes of scheduling and coordinating the Tests on Completion, the Contractor
shall prepare the general and specific commissioning programmes in accordance with the
provisions of Clause 8 [Programme] and the Project Specification.
13.1.3 The Contractor shall carry out the Tests on Completion in accordance with this Clause 13
[Tests on Completion] and Sub-clause 11.4 [Testing]. The Contractor shall be fully
responsible for the proper conduct and results of the Tests on Completion. No Test on
Completion shall be carried out until the Contractor has supplied the documents in
accordance with Sub-clause 7.10 [As-Built Documents] 7.10.1 A, Sub-clause 7.12
[Operation and Maintenance Manuals] and has provided the appropriate training in
accordance with Sub-clause 7.11 [Training] and has received a Mechanical Completion
Certificate in accordance with Sub-clause 11.4 [Testing].
13.1.4 The Contractor acknowledges that the Tests on Completion shall be carried out in the
presence of the Engineer and the Authority and may be carried out in the presence of
other Authorised Persons.
13.2 Evaluation of Results
13.2.1 The results of the Tests on Completion shall be compiled and evaluated jointly by the
Engineer, the Authority and the Contractor. Any necessary adjustments:
 to take account of measuring tolerances and any differences between:
 the operating assumptions detailed in Schedule A [Project Specification]; and
 the conditions under which the Tests on Completion were conducted,
ASHGHAL WORK ORDER
and
 for the effect of any use of the Works by the Authority on the performance
characteristics of the Works
shall be made in accordance with the Project Specification or, in the absence of such
provisions, then in such manner as instructed by the Engineer.
13.2.2 Once each Section has passed the applicable Tests on Completion in accordance with
the Work Order, the Contractor shall submit a certified report of the results of the Tests on
Completion to the Engineer.
13.3 Delayed Tests
13.3.1 If the Contractor is prevented from carrying out or fails to carry out the Tests on
Completion by reason of:
A. any of the events satisfying an event pursuant to Sub-clause 16.4 [Force Majeure];
B. any delay occasioned by a suspension to which Sub-clause 19.2 [Consequences of
Suspension] applies;
C. any Variation pursuant to Sub-clause 16.2 [Variations];
D. any delay, impediment or prevention caused by a Third Party; or
E. any breach of the Work Order or delay, impediment or prevention caused by the
Authority or the Engineer, unless such delay, impediment or prevention comprises the
exercise of a right or power or other act or omission by the Engineer which by the
express terms of the Work Order does not entitle the Contractor to an extension to the
Time for Completion,
and suffers delay as a consequence thereof, if completion of the Works, a Section or Key
Stage, as the case may be, is or will be delayed, the Contractor shall be entitled to an
extension to the Time for Completion for any such delay subject to compliance with Sub-
clause 16.3 [Contractor’s Claims].
13.3.2 If the Contractor incurs additional Cost as a result of any delay arising pursuant to Sub-
clause 13.3.1 E, the Contractor shall give notice to the Engineer and shall be entitled,
subject to Sub-clause 16.3 [Contractor's Claims], to payment of such additional Cost,
which shall be added to the Work Order Price.
13.3.3 If the Contractor is prevented from carrying out or fails to carry out the Tests on
Completion, whether for reasons attributable to the Contractor or to the Contractor's
Personnel, the Engineer may by notice instruct the Contractor to carry out the Tests on
Completion no later than fourteen (14) Days after receiving the notice. The Contractor
shall carry out the Tests on Completion on such day or days within that period as the
Contractor may agree with the Engineer.
13.3.4 If the Contractor fails to carry out the Tests on Completion within the period of fourteen
(14) Days, the Engineer may proceed with the Tests on Completion at the risk of the
Contractor to the extent only that such failure is not attributable to the Engineer. These
Tests on Completion shall then be deemed to have been carried out in the presence of
the Contractor and the results of the Tests shall be accepted as accurate.
13.4 Retesting
13.4.1 If the Works or a Section fail to attain the Performance Levels or fail any other of the Tests
on Completion (or repetition thereof in the event of prior failure) in accordance with the
Project Specification, Sub-clause 11.5 [Rejection] shall apply and the Engineer may
require the Tests on Completion on any related work to be repeated under the same test
conditions. All appropriate adjustments and modifications shall be made by the Contractor
at its own risk before, during or after the repetition of any Test on Completion.

ASHGHAL WORK ORDER
13.5 Failure to Pass Tests on Completion

13.5.1 If the Works or a Section, as the case may be, fail any of the Tests on Completion (or
repetition thereof in the event of prior failure) by the Time for Completion, the Engineer
shall be entitled to:
A. claim any unpaid balance of performance penalties in accordance with Sub-clause
18.3.3 [Penalties for Non Performance]; and
B. do one of the following:
(i) issue a Taking-Over Certificate or Completion Certificate, as the case may be,
subject to such reduction in the Work Order Price as Evaluated by the Engineer
pursuant to Sub-clause 5.6 [Engineer’s Evaluation] and paid before the Taking-
Over Certificate or Completion Certificate, as the case may be, is issued; or
(ii) recommend that the Authority terminate the Contractor’s employment under the
Work Order in respect of the Works or relevant Section in accordance with Sub-
clause 19.5 [Termination].
14 TAKING OVER AND DEFECTS

14.1 Taking-Over of the Works and Sections
14.1.1 Taking-Over of Sections
14.1.1.1 Except as stated in Sub-clause 13.5 [Failure to Pass Tests on Completion], each
Section shall be taken over by the Authority when:
A. the Section has been completed in accordance with the Work Order, including the
matters described in Sub-clause 12.2 [Time of Completion] and except for any
minor outstanding work and the defects referred to in Sub-clause 14.1.1.1. B below;
B. the Section has attained the Performance Levels or the Engineer has certified,
claimed and set off or deducted or received penalties in accordance with Sub-
clause 13.5 [Failure to pass Tests on Completion]; and
C. the Taking-Over Certificate for the respective Section has been issued, or is
deemed to have been issued in accordance with this Sub-clause 14.1.1 [Taking-
Over of Sections].
14.1.1.2 The Contractor may apply by notice to the Engineer for the Taking-Over Certificate for
the Section not earlier than twenty-one (21) Days before the Section will, in the
Contractor's opinion, be complete and eligible for taking over; such application shall not
be made before the Section has passed the Tests on Completion.
The Engineer shall, upon receipt of an application for a Taking-Over Certificate, issue
to the Contractor a notice of receipt of such application and shall within thirty five (35)
Days after receiving the Contractor's application:
A. issue the Taking-Over Certificate to the Contractor, stating the date on which the
Section was completed in accordance with the Work Order, except for any minor
outstanding work and defects which shall not substantially affect the use of the
Section for the intended purpose specified; or
B. reject the application, giving reasons and specifying the work required to be done
by the Contractor to enable the Taking-Over Certificate to be issued. The
Contractor shall then complete this work before issuing a further notice under this
Sub-clause 14.1.1 [Taking-Over of Sections].
14.1.2 Completion of the Works

ASHGHAL WORK ORDER
14.1.2.1 Except as stated in Sub-clause 13.5 [Failure to Pass Tests on Completion], the Works
shall be considered as complete by the Authority when:
A. the Works have been completed in accordance with the Work Order, including the
matters described in Sub-clause 9.4 [Contractor’s Operations on Site], Sub-
clause 7.10 [As-Built Documents], Sub-clause 7.11 [Training], Sub-clause 7.12
[Operation and Maintenance Manuals] and Sub-clause 12.2 [Time for Completion]
and except for defects referred to in Sub-clause 14.1.2.1. B below;
B. the Works have attained the Performance Levels or the Engineer has certified,
claimed and set off or deducted or received penalties in accordance with Sub-
clause 13.5 [Failure to pass Tests on Completion]; and
C. the Completion Certificate in respect of the Works has been issued, or is deemed to
have been issued in accordance with this Sub-clause 14.1.2 [Completion of the
Works].
14.1.2.2 The Contractor may apply by notice to the Engineer for the Completion Certificate for
the Works not earlier than twenty-one (21) Days before the Works will, in the
Contractor's opinion, be complete and eligible for the Completion Certificate.
The Engineer shall, upon receipt of an application for the Completion Certificate, issue
to the Contractor a notice of receipt of such application and shall, within thirty five (35)
Days after receiving the Contractor's application:
A. issue the Completion Certificate to the Contractor, stating the date on which the
Works were completed in accordance with the Work Order, except for any defects
which will not substantially affect the use of the Works for the intended purpose
specified; or
B. reject the application, giving reasons and specifying the work required to be done
by the Contractor to enable the Completion Certificate to be issued. The Contractor
shall then complete this work before issuing a further notice under this Sub-clause
14.1.2 [Completion of the Works].
14.2 Deemed Taking-Over and Deemed Completion
14.2.1 If the Engineer fails either to issue to the Contractor:
A. the Taking-Over Certificate; or
B. the Completion Certificate; or
C. the rejection of the Contractor's application within the period of thirty five (35) Days
referred to in Sub-clauses 14.1.1.2 B or 14.1.2.2 B,
and all of the following conditions are satisfied:
(i) the Contractor has issued the Taking-Over Certificate or Completion Certificate
application notice referred to in Sub-clauses 14.1.1.2 and 14.1.2.2, and
(ii) the Contractor has diligently followed the procedures laid down in the Work Order;
and
(iii) if a Section or the Works, as the case may be, are otherwise completed in
accordance with the Work Order as referred to in Sub-clauses 14.1.1.1. A and
14.1.1.1. B and 14.1.2.1. A and 14.1.2.1. B,
the Taking-Over Certificate or the Completion Certificate, as the case may be, shall be
deemed to have been issued on the last day of that thirty five (35) Day period referred to
in Sub-clause 14.1.1.2 and 14.1.2.2.

ASHGHAL WORK ORDER
14.3 Taking-Over of Parts of the Works

14.3.1 Except as provided by the issue of a Variation pursuant to Sub-clause 16.2 [Variation],
parts of the Works (other than Sections) shall not be taken over or used by the Authority.
14.4 Completion of Outstanding Work and Remedying Defects
14.4.1 In order that the Works, Contractor's Documents and each Section shall be in the
condition required by the Work Order (fair wear and tear excepted) by the expiry date of
the Maintenance Period or as soon as practicable thereafter, the Contractor shall
promptly at its own risk:
A. complete any work which is outstanding on the date stated in the Taking-Over
Certificate for the relevant Section or the Completion Certificate within such time as
instructed by the Engineer; and
B. execute all work required to remedy defects or damage, as may be notified by the
Engineer on or before the expiry date of the Maintenance Period.
Under this Sub-clause 14.4.1. B the Contractor shall have no responsibility to remedy
defects in the design, of any part of the Works, by others where the Authority has
provided such design:
(i) in the Project Specification; and / or
(ii) pursuant to Sub-clause 5.1 [Facilities, Information and Services],
and if there is a defect in such design, the Authority shall procure the remedy of such
design by others and issue such re-design of any part of the Works to the Contractor
as an Instruction pursuant to Clause 5.4 [Instructions].
C. update promptly and in any event by the expiry date of the Maintenance Period the
As-Built Documents and the Operation and Maintenance Manuals previously
submitted by the Contractor to the Engineer under the Work Order for the Works or a
Section, as the case may be, to reflect changes as a result of the work executed and
completed by the Contractor between taking over of the Works or a Section, as the
case may be, and the expiry date of the Maintenance Period.
14.4.2 If a defect appears or damage occurs, the Engineer shall notify the Contractor in writing
accordingly.
14.5 Cost of Remedying Defects
14.5.1 All work referred to in Sub-clause 14.4 [Completion of Outstanding Work and Remedying
Defects] shall be executed at the risk of the Contractor, except and to the extent that the
work is not attributable to a breach by the Contractor of any obligation under the Work
Order, in which case the Contractor shall give notice to the Engineer and shall be entitled
subject to Sub-clause 16.3 [Contractor’s Claims] to the payment of the additional Cost for
such work plus Profit which shall be added to the Work Order Price.
14.6 Extension of Maintenance Period
14.6.1 The Authority shall be entitled, subject to Sub-clause 16.6 [Authority’s Claims], to an
extension of the Maintenance Period for the Works if and to the extent that the Works, a
Section or a major item of Plant, as the case may be, after taking over cannot be used for
the intended purpose specified in the Project Specification by reason of a defect or
damage arising from a breach by the Contractor of its obligations under the Work Order.
Irrespective as to whether only part of the Works or a Section, as the case may be, is
affected by the defect or damage the Maintenance Period shall be extended only for the
whole of the Works.

ASHGHAL WORK ORDER
14.6.2 Subject always to Sub-clause 14.6.3, if the Contractor repairs, replaces or renews the
Works or the whole of any Section, as the case may be, pursuant to Sub-clause 14.4
[Completion of Outstanding Works and Remedying Defects] then the Maintenance Period
for the Works shall be extended for a period of four hundred (400) Days from the date of
completion of such repair, replacement or renewal.
14.6.3 The Maintenance Period in respect of the Works referred to in Sub-clause 14.6.2 shall not
be extended by more than eight hundred (800) Days unless by agreement between the
Parties.
14.7 Failure to Remedy Defects
14.7.1 If in the Engineer’s opinion, the Contractor has failed to remedy any defect or damage as
soon as practicably possible, the Engineer shall instruct a date on or by which the defect
or damage is to be remedied.
14.7.2 If the Contractor fails to remedy the defect or damage by the date instructed by the
Engineer, and this remedial work was to be executed at the cost of the Contractor under
Sub-clause 14.5 [Cost of Remedying Defects], the Authority may at its sole discretion:
A. carry out the work itself or by others at the Contractor's cost, but the Contractor shall
have no responsibility for this work; and the Contractor shall subject to Sub-clause
16.6 [Authority’s Claims] pay to the Authority the costs incurred by the Authority in
remedying the defect or damage; or
B. evaluate a reduction in the Work Order Price in accordance with Sub-clause 5.6
[Engineer’s Evaluations]; or
C. if the defect or damage deprives the Authority of substantially the whole benefit of the
Works or any major part of the Works, terminate the Contractor's employment under
the Work Order as a whole, or in respect of such major part which cannot be put to the
intended use, in accordance with Sub-clause 19.5 [Termination].
14.8 Removal of Defective Work
14.8.1 If the defect or damage cannot be remedied expeditiously on the Site and the Engineer
gives its non-objection, the Contractor may remove from the Site for the purposes of
repair such items of the Works as are defective or damaged. Such non-objection may be
on the condition that the Contractor increases the amount of the Performance Guarantee
by the full replacement cost of these items, or to provide other appropriate security for the
non-objection of the Engineer.
14.9 Further Tests
14.9.1 If the remedying of any defect or damage affects the performance of the Works, the
Engineer may require the repetition of any of the tests described in the Work Order,
including the Tests on Completion. The requirement shall be made by notice within forty-
five (45) Days after the defect or damage is remedied.
14.9.2 These tests shall be carried out in accordance with the terms applicable to the previous
tests, except that they shall be carried out at the risk and cost of the Party liable, under
Sub-clause 14.5 [Cost of Remedying Defects], for the cost of the remedial work.
14.10 Right of Access
14.10.1 Until the Maintenance Certificate has been issued, the Contractor shall, for the purposes
of performing its obligations under the Work Order, have the right of access to all parts of
the Works and to records of the operation and performance of the Works, except as may
be inconsistent with the Authority's security restrictions.

ASHGHAL WORK ORDER
14.11 Contractor to Investigate

14.11.1 If required by the Engineer, the Contractor shall investigate and identify the cause of any
defect, under the direction of the Engineer. Unless the defect is to be remedied at the cost
of the Contractor under Sub-clause 14.5 [Cost of Remedying Defects], the Cost of such
investigation and identification shall be Evaluated by the Engineer in accordance with
Sub-clause 5.6 [Engineer’s Evaluations] and shall be added to the Work Order Price.
14.12 Maintenance Certificate
14.12.1 The Contractor’s obligations under the Work Order shall not be considered as completed
and the Works shall not be considered accepted by the Authority unless and until the
Maintenance Certificate has been issued to the Contractor in accordance with this Sub-
clause 14.12 [Maintenance Certificate] stating the date on which the Contractor completed
its obligations under the Work Order and the Works are accepted.
14.12.2 Not earlier than twenty one (21) days before the date on which the Contractor will, in its
opinion, have completed its obligations under the Work Order the Contractor shall issue to
the Engineer an application for the release of the Maintenance Certificate.
14.12.3 The Engineer shall issue the Maintenance Certificate within forty two (42) Days after the
later of:
A. expiry date of the Maintenance Period; or
B. the Contractor has supplied all the Contractor's Documents, completed and tested all
the Works, including remedying any defects and either set off, deducted or paid all
undisputed amounts due in respect of penalties.
14.12.4 The Maintenance Certificate shall be conclusive evidence that all necessary effect has
been given to those provisions of the Work Order which require an adjustment to the Work
Order Price or any extension to the Time for Completion or the payment by the Authority
to the Contractor of any additional Cost plus, where applicable, any Profit in accordance
with the Conditions of Contract. The aforesaid conclusive effect shall not apply to any
matter which is subject to a Notice of Dissatisfaction and which has been referred for
resolution pursuant to Clause 20 [Settlement of Disputes].
14.13 Clearance of Site
14.13.1 As a precondition to the issue by the Engineer of the Maintenance Certificate, the
Contractor shall remove any remaining Contractor's Equipment, surplus Materials,
wreckage, rubbish and Temporary Works from the Site.
14.13.2 If any items have not been so removed by the expiry of the Maintenance Period the
Authority may sell or otherwise dispose of any remaining items. The Authority shall be
entitled to be paid the costs incurred in connection with, or attributable to, such sale or
disposal and removal of any remaining Contractor’s Equipment and Contractor’s and sub-
contractor’s surplus materials, wreckage, rubbish and Temporary Works from the Site.
14.13.3 Any balance of the monies from the sale shall be paid to the Contractor. If these monies
are less than the Authority's costs, the Contractor shall pay, subject to Sub-clause 16.6
[Authority’s Claims], the outstanding balance to the Authority.
15 PAYMENT
15.1 Payment Amount
15.1.1 The Engineer shall certify, and the Authority shall authorise, the amounts detailed in
Schedule B [Payment Schedules], and such other amounts as determined in accordance
with these Conditions of Contract, which shall be payable at such times and in the manner
described in Schedule B [Payment Schedules].

ASHGHAL WORK ORDER
15.1.2 The Work Order Price shall only be adjusted in accordance with or as provided under the
Conditions of Contract.
15.2 Advance Payment
15.2.1 The Authority shall make an advance payment, as an interest-free loan in accordance with
this Sub-clause 15.2 [Advance Payment]. In respect of the advance payment:
A. the amount shall be the sum stated in Appendix I [Work Order Particulars] for the
Advance Payment Guarantee;
B. if expressed as a percentage of the Contract Price it shall exclude allowances for
Provisional Sums and Prime Cost Sums;
C. the advance payment shall be paid in one instalment.
15.2.2 The Authority shall pay the advance payment after receiving:
A. an application pursuant to Sub-clause 15.3 [Payment];
B. the duly executed Performance Guarantee in accordance with Sub-clause 3.2
[Performance Guarantee]; and
C. the duly executed Advance Payment Guarantee in accordance with Sub-clause 3.3
[Advance Payment Guarantee].
15.2.3 Unless and until the Authority receives the duly executed Advance Payment Guarantee,
this Sub-clause 15.2 [Advance Payment] shall not apply.
15.2.4 The advance payment shall be repaid through proportional deductions from interim
payments and shall in any event automatically expire upon the full repayment of the
advance payment whereupon the Advance Payment Guarantee shall be returned to the
Contractor. Deductions shall be made at an amortization rate, calculated by dividing the
Advance Payment amount by the Work Order Price at execution.
For the avoidance of doubt the amortization shall not be recovered from the Advance
Payment.
15.2.5 The Contractor shall ensure that the Advance Payment Guarantee is valid and
enforceable until the advance payment has been repaid. In the event that the Advance
Payment Guarantee is forecasted to expire before full payment is realised and the
Contractor fails to extend the Advance Payment Guarantee within thirty five (35) Days of
the expiry, the Authority may, at its sole discretion, call upon the Advance Payment
Guarantee for the amount outstanding.
15.2.6 If the event that the advance payment has not been repaid prior to the completion of the
Works or termination of the Contractor's employment under Sub-clause 19.5 [Termination]
or Sub-clause 16.4 [Force Majeure], as the case may be, the balance then outstanding
shall immediately become due and payable by the Contractor to the Authority.
15.3 Payment
15.3.1 The Contractor shall be paid in accordance with the procedure as follows:
A. the Contractor shall make an application for payment with full supporting particulars in
accordance with the payment schedule in Schedule B [Payment Schedules];
B. for each application, the Engineer shall certify such undisputed amounts in
accordance with Sub-clause 15.1.1 and the Authority shall authorise such amounts
certified by the Engineer for payment within twenty eight (28) Days of receipt of such
application; and
C. within forty five (45) Days of receipt of the Authority’s authorisation of the amounts
certified by the Engineer for payment the Department of General Financial Affairs of
the Ministry of Economy and Finance shall release the due payment.
ASHGHAL WORK ORDER
15.3.2 The currency of payment is Qatari Riyals.

15.3.3 Each application for payment shall be subject to retention in the manner described in
Schedule B [Payment Schedules], at the percentage rate stated in Appendix I [Work
Order Particulars] until the amount so retained by the Authority reaches that stated
percentage of the cumulative amount of the Work Order Price.
15.3.4 Payment of the authorised amount shall be made into the bank account, nominated by the
Contractor, in the State of Qatar.
15.3.5 The receipt of a payment in to the nominated bank account shall constitute the complete
discharge of the Authority’s obligations with regards to such payment.
15.3.6 In the event of delay to the period for release of due payment as described in Sub-clause
15.3.1, the Contractor shall:
A. issue notice to the Engineer, copied to the Authority, that payment is delayed, stating
the due date;
B. subject to Sub-clause 15.3.6. A, be entitled to receive an allowance for the cost of
financing on such delayed payment from the date of notice calculated daily on the
unpaid amount during the period of delay in accordance with Sub-clause 15.3.7.
15.3.7 The Contractor's allowance for the cost of financing shall be calculated at the annual rate
of two (2) percentage points above the Qatar Central Bank Per Annum Minimum Lending
Rate calculated on a daily pro-rata basis from the date the payment was due.
Subject to Sub-clause 15.3.6. A the Contractor shall be entitled to such allowance for the
cost of financing from the date of such notice without prejudice to any other rights or
remedies under the Work Order or at Law.
15.4 Payment of Retention
15.4.1 All payments to the Contractor shall be subject to deduction for retention at the rate and
limits stated in Appendix I [Work Order Particulars] except for any and all payments made
after the issue of the last Taking-Over Certificate.
Retention amounts released prior to the issue of the last Taking-Over Certificate shall not
be subject to deduction of retention.
15.4.2 The Contractor may apply for release of retention at the following Key Stages:
A. upon issue, or deemed issue, of a Taking-Over Certificate;
B. upon issue, or deemed issue, of the Completion Certificate;
C. upon issue of the Maintenance Certificate.
The Engineer shall certify and the Authority shall authorise each Contractor’s application
for release of retention and payment shall proceed in accordance with Sub-clause 15.3
[Payment].
15.4.3 The retention amounts applicable for release at the Key Stages identified in Sub-clause
15.4.1 shall be as follows:
A. where the Work Order comprises only one (1) Taking-Over Key Stage:
(i) fifty per cent (50%) of the total retention at the issue, or deemed issue as the case
may be, of the Taking-Over Certificate, or Completion Certificate where no Taking-
Over Certificate is due;
(ii) the outstanding fifty per cent (50%) of the total retention at the issue of the
Maintenance Certificate;
B. where the Work Order comprises more than one Taking-Over Key Stage:

ASHGHAL WORK ORDER
(i) forty per cent (40%) of the the relevant Section’s associated retention amount, as
Evaluated by the Engineer, at the issue, or deemed issue as the case may be, of
the Taking-Over Certificate;
(ii) the outstanding balance of retention required to realise fifty per cent (50%) of the
total retention at the issue of the Completion Certificate;
(iii) the outstanding fifty per cent (50%) of the total retention at the issue of the
Maintenance Certificate.
15.5 Interference by the Engineer or Authority
15.5.1 In the event of the Engineer or Authority interfering with and / or obstructing the
certification or authorisation of a payment application the Contractor shall be entitled,
without prejudice to any other rights or remedies, to issue a Notice of Dissatisfaction and
refer the Dispute for resolution pursuant to Clause 20 [Settlement of Disputes].
after the occurrence of either event referred to in this Sub-clause 15.5 [Interference by the
Engineer or Authority] failing which it shall be deemed that no Dispute exists and that the
Authority has acted in full accordance with the Work Order and Law.
15.5.3 No such Notice of Dissatisfaction shall in any way vitiate or invalidate the Work Order, nor
shall it be grounds for the Contractor to terminate its employment for the whole or part of
the Works.
15.6 Taxes, Penalties and Fines
15.6.1 All payments shall be subject to the Laws and applicable regulations of the Tax
Department of the Ministry of Economy and Finance.
15.6.2 The Contractor shall be solely liable for the payment of all taxes, levies, fees, stamps,
duties and the like, levied by whatsoever authorities in relation to the execution and
performance of the Works, all of which are deemed as included in the Work Order Price.
15.6.3 The Contractor shall likewise bear and discharge at its own expense and under its own
liability any fines and penalties pertaining to any of the above.
The Contractor shall indemnify and hold harmless the Authority against any and all claims
and liabilities in respect of the such fines and penalties.
15.6.4 Where applicable the Authority shall withhold the final payment pending demonstration of
compliance with the applicable regulations of the Tax Department of the Ministry of
Economy and Finance.
15.7 Preliminary Final Account
15.7.1 Within fifty six (56) Days after receiving the Completion Certificate the Contractor shall
submit to the Engineer a preliminary Final Account with full supporting particulars
showing, in the format instructed by the Engineer:
A. the value of all work done in accordance with the Work Order up to the date stated in
the Completion Certificate;
B. any further amounts which the Contractor considers to be due under the Work Order;
and
C. an estimate of any other amounts which the Contractor considers will become due to
it under the Work Order.
The Engineer shall then proceed in accordance with Sub-Clause 15.3 [Payment].

ASHGHAL WORK ORDER
15.8 Application for Final Payment

15.8.1 Within thirty five (35) Days after receiving the Maintenance Certificate, the Contractor shall
submit, to the Engineer, a draft Final Account with full supporting particulars including
supporting documents showing, in the format instructed by the Engineer:
A. the value of all work done in accordance with the Work Order; and
B. any further amounts which the Contractor considers to be due to it under the Work
Order.
15.8.2 Within twenty eight (28) Days from receipt of the draft Final Account the Engineer shall
issue its Evaluation of the Work Order Final Account to the Contractor and the Parties
shall proceed in accordance with Sub-clause 15.3 [Payment] for the payment of any
outstanding amounts.
15.8.3 In the event that the Contractor does not accept the Evaluation of the Work Order Final
Account the Contractor shall be entitled to issue a Notice of Dissatisfaction and submit the
Dispute on the disputed portion of the Final Account amount to amicable settlement
pursuant to Sub-clause 20.2 [Amicable Settlement]. Thereafter the Contractor shall submit
to the Engineer, or its successor, the Final Account upon resolution of the Dispute.
after receipt, or the due date for receipt, of the Final Account Evaluation, pursuant to Sub-
clause 15.8.2 failing which it shall be deemed that no Dispute exists and the Engineer’s
Evaluation of the Final Account is accepted by the Contractor.
15.8.5 In the event of the Contractor failing to submit a draft Final Account in accordance with
Sub-clause 15.8.1 the Engineer shall issue to the Contractor:
A. a notice to correct pursuant to Sub-clause 18.1 [Notice to Correct]; and
B. within twenty eight (28) Days of the due date of the draft Final Account issue to the
Contractor the Engineer’s Evaluation of the Final Account amount.
C. the Engineer shall then proceed in accordance with Sub-clause 15.3 [Payment] for the
payment of any outstanding amounts. Any amounts due to the Contractor shall be
held in an escrow account on behalf of the Contractor and shall revert to the Authority
upon failure of the Contractor to collect within three hundred and sixty five (365) Days
of the issue of the Maintenance Certificate in accordance with Sub-clause 14.12
[Maintenance Certificate].
15.9 Discharge
15.9.1 Upon acceptance of the Final Account Evaluation, issued in accordance with Sub-clause
15.8 [Application for Final Payment] the Contractor shall submit with its application for
release of the final outstanding amount a written discharge which confirms that the Work
Order Final Account amount represents full and final settlement of all amounts due to the
Contractor under or in connection with the Work Order. This discharge shall state that it
becomes effective on the date when the Contractor has received:
A. with the exception of extended warranties issued pursuant to Sub-clause 3.7
[Extended Warranties], the return of all guarantees issued in accordance with Clause
3 [Contractor’s Guarantees]; and
B. the outstanding balance of the Final Account total.
Issue of the written discharge shall be a condition precedent to the certification and
authorisation of the outstanding balance of the Final Account total payment application.

ASHGHAL WORK ORDER
15.10 Cessation of Authority's Liability

15.10.1 With the exception of the provisions under Sub-clause 17.4 [Authority’s Indemnity] the
Authority shall not be liable to the Contractor for any payment under or in connection with
the Work Order or execution of the Works, except to the extent that the Contractor shall
have included an amount expressly for it in the Final Account.
15.10.2 This Sub-clause 15.10 [Cessation of Authority's Liability] shall not limit either Party's
liability under their respective indemnification obligations.
15.10.3 The Work Order shall be deemed discharged upon release of all outstanding guarantees
in accordance with Sub-clause 15.9 [Discharge] and the payment of the balance of the
Final Account amount.
16 VARIATIONS
16.1 General
16.1.1 The Engineer may at any time prior to the issue of the Completion Certificate issue a
formal instruction as a Variation.
16.1.2 Unless expressly stated otherwise in the Work Order all provisions of the Work Order shall
apply to Variation Orders issued pursuant to this Clause 16 [Variations].
16.1.3 The variation by the Contractor of:
A. the Works in order to ensure compliance with the Work Order; or
B. the conditions and methods of working to mitigate potential Contractor default,
shall not constitute Variations and shall be executed at the Contractor’s own risk.
16.1.4 The modification of any Contractor's Documents as a consequence of events pursuant to
Sub-clause 16.1.3 does not constitute Variations and shall be executed at the Contractor’s
own risk.
16.1.5 The Authority may at any time undertake supplementary, additional or otherwise works on
its own account and at its own risk. Such supplementary, additional or otherwise works,
for the purposes of the Work Order, shall not constitute a Variation.
16.1.6 If the Engineer issues a Variation to omit part of the Works included in the Work Order,
the Authority shall be entitled to instruct other contractors or persons to carry out such
omitted work. In which event the Authority shall have no liability to the Contractor for loss
of profit, loss of opportunity or any other liability in law for any losses whatsoever from
such variation to omit work.
16.2 Variations
16.2.1 Instructed Variation
16.2.1.1 The Engineer may, pursuant to this Sub-clause 16.2.1 [Instructed Variation], initiate a
Variation by issuing a Variation Order to the Contractor to which the Contractor shall
give immediate effect to the Variation Order.
16.2.1.2 Within fourteen (14) Days, or any other period mutually agreed between the Parties, of
receipt of the instruction the Contractor shall issue an Impact Assessment satisfying
the requirements under Sub-clause 16.5 [Impact Assessment] to the Engineer detailing
any impact on time, cost and / or quality arising out of the issue of the Variation Order.
16.2.1.3 The Engineer shall within fourteen (14) Days of receipt of the Impact Assessment, or
within fourteen (14) Days from when the Impact Assessment was due, issue its
Evaluation.

ASHGHAL WORK ORDER
16.2.1.4 In the event that the Engineer fails to issue its Evaluation within fourteen (14) Days of
receipt of the Impact Assessment the Contractor shall nevertheless continue to give
immediate effect to the Variation Order and be entitled to issue a Notice of
Dissatisfaction and refer the assessment of the impact on time, cost and / or quality
arising out of the issue of the Variation Order as a Dispute for resolution pursuant to
Clause 20 [Settlement of Disputes].
16.2.1.5 Such Notice of Dissatisfaction shall be submitted not later than twenty eight (28) Days
after the due date for receipt of the Engineer’s Evaluation issued pursuant to Sub-
clause 16.2.1.3 failing which it shall be deemed that no Dispute exists and no additional
liability shall attach to the Engineer or Authority and the Contractor shall nevertheless
continue to give immediate effect to the Variation Order.
16.2.1.6 The Contractor shall not be entitled to an extension to the Time for Completion or make
a claim for additional payment or an adjustment to the Work Order Price arising out of
the Variation Order other than under this Sub-clause 16.2 [Variations].
16.2.1.7 The Evaluation shall be treated as final and conclusive and shall not be opened up,
reviewed or revised, whether by expert determination, arbitration, court proceedings or
otherwise unless within twenty eight (28) Days of receipt of the Evaluation the
Contractor has issued a Notice of Dissatisfaction and referred the Dispute for resolution
pursuant to Clause 20 [Settlement of Disputes] for the purposes of assessing the
impact on time, cost and / or quality arising out of the issue of the Variation Order.
16.2.2 Request for Proposal
16.2.2.1 The Engineer may, pursuant to this Sub-clause 16.2.2 [Request for Proposal], instruct
the Contractor to provide an Impact Assessment satisfying the requirements under
Sub-clause 16.5 [Impact Assessment] in relation to a Variation proposal; and the
Contractor shall submit such Impact Assessment within twenty one (21) Days, or any
other period mutually agreed between the Parties, of receipt of such instruction or any
other period mutually agreed between the Parties.
16.2.2.2 Within fourteen (14) Days of receipt of the Contractor’s Impact Assessment for the
Variation proposal or within fourteen (14) Days from when the Impact Assessment was
due, the Engineer shall respond with an Evaluation and Variation Order, comments or
cancellation and the Contractor shall proceed in accordance with such response, as
the case maybe.
16.2.2.3 Any Variation instruction shall be confirmed in writing by the Engineer in the form of a
Variation Order.
16.2.3 Value Engineering
16.2.3.1 The Contractor may at any time submit to the Engineer a substantiated value
engineering proposal with an Impact Assessment satisfying the requirements under
Sub-clause 16.5 [Impact Assessment] to the Engineer detailing any impact on time,
cost and / or quality of the Works and the future operation and maintenance thereafter.
16.2.3.2 Within fourteen (14) Days of receipt of the Contractor’s value engineering proposal
Impact Assessment the Engineer shall respond with:
 an Evaluation and Variation Order;
 comments and request for further information; or
 rejection,
and the Contractor shall proceed in accordance with such response, as the case may
be.

ASHGHAL WORK ORDER
16.2.3.3 In the event that the value engineering proposal directly results in a reduction to the
Work Order Price the Contractor shall be entitled to forty per cent (40%) of the
reduction amount after consideration of any reduction in quality of the Works.
16.2.3.4 The Contractor shall not give effect to any value engineering proposal without receipt of
an instructed Variation Order from the Engineer. In the absence of the Engineer’s
instruction the Authority shall have no liability to the Contractor.
16.2.3.5 In the event the Contractor is dissatisfied with the Engineer’s Evaluation for the
Variation Order in respect of the Contractor's value engineering proposal the
Contractor shall be entitled to issue a Notice of Dissatisfaction and refer the Dispute for
resolution pursuant to Clause 20 [Settlement of Disputes]. Notwithstanding such notice
the Contractor shall continue to give effect to the Variation Order.
16.2.3.6 Such Notice of Dissatisfaction shall be submitted not later than twenty eight (28) Days
after receipt of the Evaluation failing which it shall be deemed that no Dispute exists
and no additional liability shall attach to the Engineer or Authority.
16.2.4 Any Variation instruction shall be confirmed in writing by the Engineer in the form of a
Variation Order.
16.2.5 Provisional Sums and Prime Cost Sums
16.2.5.1 Each Provisional Sum and Prime Cost Sum shall only be used, in whole or in part, in
accordance with the Engineer's instructions, and the Work Order Price shall be
adjusted accordingly. The total sum paid to the Contractor shall include only such
amounts, for the work, Plant, Materials or services to which the Provisional Sum or
Prime Cost Sum relates, as instructed by the Engineer. For each Provisional Sum and
Prime Cost Sum, the Engineer may instruct:
A. work to be executed (including Plant, Materials or services to be supplied) by the
Contractor and valued under Sub-clause 16.5.4 [Valuation Rules]; or
B. Plant, Materials or services to be purchased by the Contractor, and for which there
shall be included in the Work Order Price:
(i) the invoiced (prime) cost of the instructed Plant, Materials or services; plus
(ii) the Contractor’s ‘administration and profit allowance1’ applicable to that Prime
Cost Sum;
The Contractor is deemed to have made provision in the Baseline Programme for the
execution of all Provisional Sums and Prime Cost Sums identified in Schedule B
[Payment Schedules] and consequently the instruction of works under Provisional
Sums and Prime Cost Sums shall not give rise to an entitlement for an extension to the
Time for Completion.
16.2.5.2 The Contractor shall, when required by the Engineer, produce quotations, invoices,
vouchers and accounts or receipts in substantiation of such Cost on an open-book
basis.
16.2.5.3 Any and all Provisional Sums and Prime Cost Sums not instructed by the Engineer
shall not form part of the Final Account calculation of the Work Order Price.
1
Refer to Schedule B [Payment Schedules]
ASHGHAL WORK ORDER
16.3 Contractor’s Claims

16.3.1 The Contractor shall notify the Authority within twenty eight (28) Days from first becoming
aware, or should have become aware had the Contractor been exercising Good
Engineering and Construction Practices, of an event which may result in a potential
Contractor’s claim. Such notice shall describe both the event and the relevant Clause or
Sub-clause giving rise to the entitlement under the Work Order. Any such notice issued
pursuant to this Sub-clause 16.3 [Contractor's Claims] shall be communicated separately
from other communications issued by the Contractor under the Work Order.
16.3.2 Within twenty eight (28) Days of the issue of the notification pursuant to Sub-clause
16.3.1, or any other period mutually agreed between the Parties, the Contractor shall
quantify and submit the claim entitlement fully describing the event with the Impact
Assessment (together the claim ‘particulars’) satisfying the requirements under Sub-
clause 16.5 [Impact Assessment].
16.3.3 Within twenty eight (28) Days following receipt of the claim particulars pursuant to Sub-
clause 16.3.2, or any other period mutually agreed between the Parties, the Engineer
shall provide its Evaluation of the claim together with the reasoning for its decision, and if
applicable calculations.
16.3.4 Any Evaluation pursuant to Sub-clause 16.3.3 shall be treated as final and conclusive and
shall not be opened up, reviewed or revised, whether by expert determination, arbitration,
court proceedings or otherwise unless within twenty eight (28) Days of receipt of the
Evaluation the Contractor has issued a Notice of Dissatisfaction pursuant to Sub-clause
16.3.8 satisfying the requirements of Sub-clause 16.3.9.
16.3.5 Notwithstanding the above, the Engineer may also request further particulars, in which
case the time for Evaluation shall be a further twenty one (21) Days, or any other period
mutually agreed between the Parties, from the date of receipt of such further requested
particulars.
Any such request for further particulars must be provided by the Contractor within twenty
one (21) Days of the date of receipt of the request for further particulars by the Contractor
or within such any other period mutually agreed between the Parties.
16.3.6 If the event giving rise to the claim has a continuing effect the Contractor shall:
A. state such in the notice issued pursuant to Sub-clause 16.3.1 and the entitlement
issued pursuant to Sub-clause 16.3.2; and
B. confirm that the Impact Assessment submitted pursuant to Sub-clause 16.3.2 shall be
deemed as interim; and
C. submit monthly updates of the Impact Assessment detailing the accumulated impact;
and
D. within fourteen (14) Days of the end of the continuing effect submit the final Impact
Assessment.
16.3.7 In the event the Contractor fails to:
A. give notice of a claim within the twenty eight (28) Day notice period pursuant to Sub-
clause 16.3.1; and / or
B. submit the particulars of the claim within the twenty eight (28) Day entitlement
submission period, or any other period mutually agreed between the Parties, from the
date of the notice pursuant to Sub-clause 16.3.2; and / or
C. submit further particulars within the twenty one (21) Days further particulars period, or
any other period mutually agreed between the Parties, from the date of request receipt
pursuant to Sub-clause 16.3.5,

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the Contractor shall not be entitled to any adjustment of the Work Order Price or an
extension to the Time for Completion and the Authority shall be discharged from all liability
in connection with the claim.
16.3.8 The Engineer shall, in providing its Evaluation, evaluate any such extension to the Time
for Completion or any additional Cost as if the Contractor had given an early warning of an
event, matter or circumstance. The Engineer shall provide as part of its Evaluation details
of the reduction to the Time for Completion and / or additional Cost due to the Contractor
failing to give an early warning in accordance with the Conditions of Contract.
16.3.9 In the event the Engineer fails to provide a response to the Contractor’s submission
issued pursuant to Sub-clause 16.3.2 within the twenty eight (28) Day, or in the case of
review of further particulars within the twenty (21) Day, response periods pursuant to Sub-
clause 16.3.3 the Contractor shall be entitled to issue a Notice of Dissatisfaction and refer
the Dispute for settlement pursuant to Clause 20 [Settlement of Disputes].
Such Notice of Dissatisfaction shall be submitted not later than twenty eight (28) Days
after the occurrence of the event referred to in this Sub-clause 16.3.9 failing which it shall
be deemed that no Dispute exists, the Time for Completion shall not be extended, the
Contractor shall not be entitled to any adjustment of the Work Order Price and the
Engineer and Authority shall be discharged from all liability in connection with the claim.
16.3.10 Notwithstanding Sub-clauses 16.3.1, 16.3.2 and 16.3.3 herein, the Contractor shall
employ its best endeavours to avoid or mitigate any delays and / or any additional costs
that may arise as a result of such event.
16.3.11 Notwithstanding Sub-clauses 16.3.1, 16.3.2 and 16.3.3 herein, any and all claims, without
exception, submitted to and / or received by the Authority or the Engineer after the issue
of the Maintenance Certificate shall not constitute validly submitted claims nor shall the
Authority retain any liability with regards to such claims.
16.4 Force Majeure
16.4.1 Force Majeure means an exceptional event or circumstance which prevents a Party
performing its obligations under the Work Order:
A. which is beyond the control of the affected Party;
B. which the affected Party, despite all efforts could not have provided against before
entering into the Work Order; and
C. which could not have been prevented, overcome or remedied in whole or in part by the
exercise by the affected Party of reasonable skill, care and diligence to a standard as
would be exercised by a party in the same position as the Party affected but excluding
such event that could be prevented but for either Party’s breach of its obligations
under the Work Order.
16.4.2 Force Majeure may include, but is not limited to, exceptional events or circumstances of
the kind listed below, which must satisfy all of the conditions set out in Sub-clause 16.4.1
A to C:
A. war, hostilities (whether war be declared or not), invasion, act of foreign enemies;
B. rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war;
C. riot, commotion, disorder, strike or lockout by persons other than the Contractor's
Personnel;
D. munitions of war, explosive materials, ionising radiation or contamination by radio-
activity, except as may be attributable to the Contractor's use of such munitions,
explosives, radiation or radio-activity;
E. natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity;

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F. loss or damage to plant, equipment, spare parts or materials arising during

transportation provided such loss or damage itself arises from an event of Force
Majeure.
For the avoidance of doubt, unforeseeable physical events do not constitute Force
Majeure.
16.4.3 Notice of Force Majeure
16.4.3.1 If a Party is or will be prevented from performing any of its obligations under the Work
Order by Force Majeure, then it shall give notice to the other Party of the event or
circumstances constituting the Force Majeure and shall specify the obligations, the
performance of which is or will be prevented. The notice shall be given within seven (7)
Days of the affected Party became aware, or should have become aware, of the
relevant event or circumstance constituting Force Majeure.
In the event of delay to the issue of the notice of the Force Majeure event the period of
relief for failure to perform afforded to the affected Party shall commence no more than
seven (7) Days before the notice of the Force Majeure event.
16.4.3.2 The affected Party shall, having given notice, be excused performance of such
obligations for so long as such Force Majeure prevents it from performing them.
16.4.3.3 The affected Party shall provide the other Party with periodical reports, at the direction
of the Engineer, of the status of the Force Majeure and the affected Party’s efforts to
mitigate the impact thereof.
16.4.3.4 The affected Party shall, within three (3) Days of it becoming aware or should have
become aware, give written notice to the other Party of the:
A. cessation of the Force Majeure event;
B. cessation of the effects thereof on the performance of the affected Party;
C. the resumption of the affected Party’s performance.
16.4.3.5 Notwithstanding any other provision of the Work Order, Force Majeure shall not apply
to obligations of either Party to make payments to the other Party under the Work
Order.
16.4.4 Duty to Minimise Delay
Each Party shall at all times use all reasonable endeavours to minimise any disruption or
delay in the performance of its obligations under the Work Order as a result of Force
Majeure and to resume full performance of its obligations as soon as practicable.
16.4.5 Consequences of Force Majeure
As a direct consequence of a Force Majeure event and subject to satisfaction of Sub-
clauses 16.3 [Contractor’s Claims] and 16.4.3 [Notice of Force Majeure], if the Contractor:
A. is prevented from performing any of its obligations under the Work Order the
Contractor shall be entitled to an extension to the Time for Completion, if completion of
the Works or any Section or any Key Stage, as the case may be, is or will be delayed
beyond the then Time for Completion; and
B. incurs additional Cost, including the Cost of delay, by effecting immediate measures to
protect and preserve the Works the Contractor shall be entitled to payment of such
additional Cost. The Contractor’s entitlement to payment of such additional Cost is
subject to the Contractor having notified the Engineer of the measures being
undertaken within twenty four (24) hours of initiation of those measures;

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C. is instructed by the Engineer to undertake remedial measures to remedy any loss or

damage to the Works, the Contractor shall remedy such loss and damage forthwith
and shall be entitled to payment of any such additional Cost, including the Cost of
resumption of full performance.
16.4.6 Force Majeure affecting Sub-contractors
If any sub-contractor is entitled under any agreement or contract relating to the Works to
relief from Force Majeure on terms additional to or broader than those specified in this
Sub-clause 16.4 [Force Majeure], such additional or broader Force Majeure events or
circumstances shall not excuse the Contractor's non-performance or entitle it to relief
under this Sub-clause 16.4 [Force Majeure].
16.4.7 Optional Termination, Payment and Release
16.4.7.1 If the execution of a substantial proportion of the Works in progress is prevented for a
continuous period of eighty four (84) Days by reason of Force Majeure of which notice
has been given under Sub-clause 16.4.3 [Notice of Force Majeure], or for multiple
periods which total more than one hundred and forty (140) Days due to the same
notified Force Majeure, then either Party may give to the other Party a notice of
termination of the Work Order. In this event, the termination shall take effect seven (7)
Days after the notice is given and the Contractor shall promptly commence
demobilisation.
16.4.7.2 Termination of the Work Order due to Force Majeure does not constitute default by the
Contractor.
16.4.7.3 Upon such termination, the Authority shall be liable only to pay to the Contractor:
A. the amounts payable for any work carried out up to the point of termination in
accordance with the Work Order; and
B. the Cost of Plant and Materials delivered on Site or for which the Contractor is
liable to accept delivery, such Plant and Materials shall become the property of the
Authority in accordance with the provisions of Sub-clause 11.7 [Ownership of Plant
and Materials] and shall be delivered by the Contractor to a warehouse as selected
and notified by the Engineer;
C. the Cost of removal of Temporary Works and Contractor's Equipment and sub-
contractor's Equipment from the Site and the return of these items to the place from
where mobilised to the Works (or to any other destination at no greater cost); and
D. the Cost of demobilisation of the Contractor and sub-contractors, including resource
repatriation where employed solely in connection with the Works at the date of
termination,
as submitted with substantiation to, and certified by, the Engineer and no further
payments or compensation shall be due.
16.5 Impact Assessment
16.5.1 Where the Conditions of Contract requires the Contractor to provide an Impact
Assessment the Contractor shall issue, within the prescribed time period stated in the
Conditions of Contract, for the Engineer’s Evaluation a written substantiated fully
particularised evaluation of the related event describing the:
 event giving rise to the entitlement together with identification of the relevant sub-
clause;
 effect on Cost, and where applicable, the Profit on such additional Cost;
 adjustment to the Work Order Price payment milestones in Schedule B [Payment
Schedules];

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 effect on the Time for Completion;

 effect on the latest Baseline Programme; and
 effect on the resource allocation schedule.
Any and all costs incurred by the Contractor in the preparation of Impact Assessments are
deemed to be included within the amounts payable to the Contractor under the Work
Order.
16.5.2 Within the prescribed time period from receipt of the Contractor’s Impact Assessment the
Engineer shall respond with an Evaluation, comments or cancellation as the case may be.
16.5.3 In the event that the Contractor disagrees with the Evaluation the Contractor shall
nevertheless give immediate effect and be entitled to issue a Notice of Dissatisfaction and
refer the Dispute for resolution pursuant to Clause 20 [Settlement of Disputes].
Such Notice of Dissatisfaction shall be submitted not later than twenty eight (28) Days
after the receipt of the Engineer’s Evaluation pursuant to Sub-clause 16.5.3 failing which it
shall be deemed that no Dispute exists and the Engineer and Authority shall be
discharged from all liability in connection with any disputed element of the Impact
Assessment.
16.5.4 Valuation Rules
Where the Conditions of Contract state the Contractor is entitled to additional Cost such
additional Cost shall be quantified and evaluated in the following order of precedence:
A. If the event entitling the Contractor to additional Cost only affects the quantities of
work shown in Schedule B [Payment Schedules] the additional Cost shall be
quantified and evaluated by multiplying the changed quantities of work by the
appropriate rates in Schedule B [Payment Schedule].
B. If the event entitling the Contractor to additional Cost is other than affecting the
quantities of work shown in Schedule B [Payment Schedules] the additional Cost shall
be quantified and evaluated:
(i) using the rates, prices or percentages in the Schedule of Rates for such work or
such rates, prices or percentages (or rates, price or percentages which are
derived from them) which do not exceed those set out in the Schedule of Rates
for such work unless otherwise agreed in advance with the Engineer; or
(ii) where such work is of a similar but not identical nature to that described within the
Schedule of Rates then such rates, prices or percentages, within the Schedule of
Rates, shall be subject to pro-rata adjustment to those items representing that
work of a similar but not identical nature; or
(iii) if there are no applicable or suitable rates, prices, or percentages in the Schedule
of Rates, the Impact Assessment shall be calculated, unless otherwise agreed
between the Engineer and the Contractor, using competitively tendered or
competitive open market rates, prices or percentages.
16.6 Authority’s Claims
16.6.1 If the Engineer considers the Authority to be entitled to any payment under the Conditions
of Contract and / or to any extension of the Maintenance Period, the Engineer shall give
notice to the Contractor, describing the event giving rise to the claim, the Clauses or Sub-
clauses pursuant to which the claim is made under the Work Order and the Evaluation as
an Impact Assessment satisfying the requirements under Sub-clause 16.5 [Impact
Assessment].

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16.6.2 The notice shall be given as soon as practicable after the Engineer became aware of the
event giving rise to the claim. However, failure to give notice shall not be a bar to the
Authority's right under this Sub-clause 16.6 [Authority’s Claims] and shall not prejudice the
Authority's right to subsequently give such notice to the Contractor in which event the
provisions of this Sub-clause 16.6 [Authority’s Claims] shall apply provided that all such
Authority’s Claims shall be notified before the expiry of the Maintenance Period or
extension thereof, with the exception of Authority Claims in relation to events insured in
accordance with the obligations within Schedule E [Insurance] in which case all such
Authority’s Claims shall be notified before the expiry of the appropriate insurance
obligations and their associated Extended Reporting Periods.
16.6.3 The Contractor shall be entitled to comment on the Authority’s Evaluation within fourteen
(14) Days of receipt of such Evaluation.
16.6.4 In the event the Contractor issues comments on the Engineer’s Evaluation the Engineer
shall, within fourteen (14) Days of receipt of the Contractor’s comments, issue a further
Evaluation taking cognizance or otherwise of the Contractor’s comments.
16.6.5 In the event the Contractor fails to issue any comments within the fourteen (14) Day
period it shall be deemed that the Contractor accepts in full the details of the Engineer’s
Evaluation and the Contractor shall not be entitled to raise the matter as a Dispute or
otherwise challenge the Engineer’s Evaluation.
16.6.6 In the event the Contractor disagrees with the Engineer’s Evaluation the Contractor shall
be entitled to issue a Notice of Dissatisfaction and refer the assessment as a Dispute for
resolution pursuant to Clause 20 [Settlement of Disputes].
after the receipt, or due date for receipt, of the Evaluation failing which it shall be deemed
that the Engineer’s most recent Evaluation has been accepted in full and is binding upon
the Contractor who shall have no further right to challenge the Authority’s Claim.
16.6.8 The Engineer may set off or deduct the amount which the Authority is entitled to be paid
by the Contractor pursuant to Sub-clause 16.6 [Authority’s Claims] from any monies due,
or to become due, to the Contractor under any other contract entered into between the
Authority and the Contractor. The Authority shall be entitled to set-off or deduct from any
amounts or monies due to the Contractor under the Work Order any amounts that are due
to the Authority from the Contractor under any other Work Order or any other contract
entered into between the Authority and the Contractor.
17 RISK AND RESPONSIBILITY

17.1 Warranted Project Data
17.1.1 The Authority confirms that it has made available to the Contractor for its information prior
to the Commencement Date Warranted Project Data, the details of which are set out in
Schedule A [Project Specification].
17.1.2 The Authority shall notify the Contractor of any further data of similar nature to the
Warranted Project Data which comes into the Authority's possession after the
Commencement Date and shall, at the Contractor's request, make available one (1) copy
of such data to the Contractor.
17.1.3 The Contractor shall review such Warranted Project Data for completeness, errors and
inconsistencies but shall not be required to verify the accuracy of such Warranted Project
Data for which the Authority shall retain responsibility.
17.1.4 If the Contractor suffers delay and / or incurs additional Cost as a result of inaccuracies in
the Warranted Project Data the Contractor shall be entitled, subject to Sub-clause 16.3
[Contractor’s Claims], to:
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17.2 Indemnity in Respect of Project Data
17.2.1 Except for such Warranted Project Data referred to Sub-clause 17.1 [Warranted Project
Data]:
A. the Authority accepts no responsibility for, and makes no representation or gives any
warranty, either express or implied, with respect to, the adequacy, accuracy,
completeness or sufficiency of the Project Data, nor for any defects, errors,
discrepancies, inaccuracies nor inconsistencies in the Project Data and the Contractor
shall use the Project Data at its own risk; and
B. the Contractor shall indemnify and hold harmless the Authority against and from all
claims by any of the sub-contractors or any other third party to which the Project Data
is disclosed and all damages, losses and expenses (including legal fees and
expenses) arising in respect of the use of Project Data, except to the extent any such
damage, loss or expense arises as a result of gross negligence, deliberate default,
fraud, fraudulent misrepresentation or Wilful Misconduct by the Authority, its personnel
or agents.
17.2.2 The Contractor shall be responsible for:
A. verifying all Project Data other than Warranted Project Data, the accuracy of which the
Authority warrants pursuant to Sub-clause 17.1.3; and
B. interpreting all Project Data.
17.3 Authority’s Risks
17.3.1 If and to the extent that any of the risks listed in Sub-clause 17.3.2 below results in loss or
damage to the Works, Goods or any of the Contractor's Documents, the Contractor shall
rectify such loss or damage to the extent instructed by the Engineer and, subject to Sub-
clause 16.3 [Contractor’s Claims], shall be entitled to:
Completion; and
17.3.2 The Authority shall retain responsibility for the following risks:
A. rebellion, terrorism, revolution, insurrection, military or usurped power, or civil war,
within the State of Qatar;
B. riot, commotion or disorder within the State of Qatar by persons other than the
Contractor's Personnel;
C. use or occupation by the Authority of any part of the Works, except as may be
specified by the Work Order;
D. design of any part of the Works by Third Parties for whom the Authority has provided
such design as set out in the Project Specification or pursuant to Sub-clause 5.1
[Facilities, Information and Services], with the exception of defects that would be
detected by a Contractor exercising Good Engineering and Construction Practices;
E. hydrological and meteorological events with an average recurrence interval of greater
than one hundred (100) years. Any event of a recurrence interval of less than one
hundred (100) years is deemed as foreseeable;

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F. Warranted Project Data.

17.4 Authority’s Indemnity
17.4.1 In so far as the Law permits and subject to the provisions of Sub-clause 18.5.1
[Consequential Loss], the Authority shall indemnify and hold harmless the Contractor
against and from all liabilities, claims, damages, losses, fines, costs (including legal costs)
and expenses which arise out of or in relation to:
A. any of the Contractor's Documents being used by the Authority for a purpose other
than that indicated by, or reasonably to be inferred from, the Work Order; and / or
B. any changes, alterations or modifications to any Contractor’s Documents except for
those changes, alterations or modifications, which have been formally transmitted to
the Contractor and have not subsequently been the subject of a Notice of
Dissatisfaction issued by the Contractor; and / or
C. the Contractor’s use in the Contractor’s Documents of any registered intellectual
property belonging to others where such intellectual property is expressly specified for
incorporation into the Contractor’s Documents in the Project Specification; and / or
D. bodily injury, sickness, disease or death of any person whatsoever attributable to
gross negligence, deliberate default, fraud, fraudulent misrepresentation or Wilful
Misconduct by the Authority, its personnel or agents; and / or
E. compliance with an Engineer’s instruction pursuant to Sub-clause 7.4.2 A.
17.4.2 The indemnity pursuant to Sub-clause 17.4.1 does not apply to claims arising:
A. from negligence, deliberate default, omission, fraud, fraudulent misrepresentation or
Wilful Misconduct by the Contractor or the Contractor's Personnel; or
B. otherwise than in connection with the performance or non-performance of the
Authority’s obligations under the Work Order.
17.5 Authority’s Assistance
17.5.1 The Authority shall assist the Contractor in its co-ordination with Third Parties including
the application and obtaining of all necessary Government, licenses, passes, permits,
approvals and other documents required for the execution of the Works but the Contractor
shall not rely on such assistance.
The Contractor acknowledges and accepts that the Authority gives no guarantees nor
makes any representations nor gives any warranties, either express or implied, that such
assistance shall neither cause nor prevent any delay or disruption to the Time for
Completion. If the Contractor requires such assistance from the Authority pursuant to this
Sub-clause 17.5 [Authority’s Assistance] the Contractor shall give notice to the Engineer
in a timely manner having regard to the Baseline Programme to enable the Authority to
give such assistance to the Contractor.
17.5.2 Any obligation imposed on the Authority or the Engineer pursuant to the Work Order to
assist the Contractor shall not:
A. be deemed an automatic right under the Work Order or Law;
B. be construed as any obligation on the Authority or the Engineer to incur costs in
providing such assistance;
C. relieve the Contractor of any responsibilities or obligations to execute and complete
the Works in accordance with the Master Programme and Baseline Programme.

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17.6 Contractor’s Indemnity

17.6.1 Subject to the provisions of Sub-clause 18.5 [Limits of Liability], the Contractor shall
indemnify and hold harmless the Authority, its personnel and agents, against and from all
liabilities, claims, damages, losses, fines, costs (including legal costs) and expenses
which arise out of or in relation to:
A. the Contractor’s use in its design (where applicable), drawings, specified methods,
procedures or materials of any registered intellectual property, patents and the like
belonging to others, with the sole exception of where the Work Order expressly
requires the Contractor to use in its design, drawings, specified methods, procedures
or materials such specific intellectual property, patents and the like; and / or
B. bodily injury, sickness, disease or death of any person whatsoever arising out of or in
the course of or by reason of the Contractor’s design (to the extent specified in the
Work Order), execution and completion of the Works and the remedying of defects to
the extent that such bodily injury, sickness, disease or death is not attributable to
gross negligence, deliberate default, fraud, fraudulent misrepresentation or Wilful
Misconduct by the Authority, its personnel or agents; and / or
C. subject to Sub-clause 17.4.1. C, damage to or loss of any third party property to the
extent that such damage or loss:
(i) arises in the course of or by reason of the Contractor’s design (to the extent
specified in the Work Order), execution or completion of the Works, or the
remedying of defects, or arises out of the Contractor's breach of the Work Order;
and
(ii) is not attributable to gross negligence, deliberate default, fraud, fraudulent
misrepresentation or Wilful Misconduct by the Authority, its personnel or agents;
and / or
D. damage to, or loss of, any property belonging to the Authority to the extent that such
damage or loss is not attributable to gross negligence, deliberate default, fraud,
fraudulent misrepresentation or Wilful Misconduct by the Authority, its personnel or
agents; and / or
E. the use by the Contractor of any element or the whole of the Project as provided by
the Work Order; and / or
F. any breach by the Contractor of Sub-clauses 2.11 [Intellectual Property Rights], 4.4
[Authority’s Co-Insured Insurance Policies], 6.14 [Transportation of Goods], 9.3 [Co-
ordination with Third Parties], 9.5 [Avoidance of Interference], 9.6 [Access Route], 11.7
[Ownership of Plant and Materials] and 17.2 [Indemnity in Respect of Project Data], to
the extent such liabilities, claims, damages, losses, fines, costs (including legal costs)
are brought or incurred by third parties; and / or
G. subject to Sub-clause 17.4.1 E any breach by the Contractor of Sub-clause 11.1.1.
18 DEFAULT, PENALTIES AND LIMIT OF LIABILITY

18.1 Notice to Correct
18.1.1 Except in the event of termination arising under the instances of Sub-clause 18.2.2, if the
Contractor fails to carry out or complete any obligation or commits any default under the
terms of this Work Order whatsoever then the Engineer shall first issue a ‘notice to
correct’ which shall instruct the Contractor to make good the default and remedy it within a
specified period or demonstrate to the Engineer’s satisfaction that the Contractor is
remedying the default and that such default will not recur.

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18.2 Default Events

18.2.1 For the purposes of the Work Order a default event shall comprise any material breach by
the Contractor of its obligations under the Work Order including, without limitation:
A. failing to comply with the requirements of Sub-clause 1.4 [Corruption and Fraud]; or
B. failing to comply with Sub-clause 2.1.4; or
C. allowing any guarantees provided pursuant to Clause 3 [Contractor’s Guarantees] to
cease to remain in full force and effect or become unenforceable; or
D. failing to provide guarantees pursuant to Sub-clause 3.2 [Performance Guarantee]; or
E. failing to remove personnel pursuant to Sub-clause 10.3.5; or
F. sub-contracting in excess of sixty per cent (60%) of the Works or assigning the Work
Order without the express approval of the Engineer or otherwise failing to comply with
Sub-clause 10.7 [Assignment, Sub-contractors and Suppliers]; or
G. the Contractor or any party comprising the Contractor failing without reasonable
excuse to proceed with the Works in accordance with Clause 12 [Commencement and
Completion]; or
H. failing to attain the Performance Levels pursuant to Sub-clause 13.5 [Failure to Pass
Tests on Completion]; or
I. failing to remedy any defect or damage pursuant to Sub-clause 14.7 [Failure to
Remedy Defects]; or
J. failing to comply with a notice under Sub-clause 18.1 [Notice to Correct] and such
failure continues for a period of twenty eight (28) days after receipt of such notice; or
K. substantially failing to perform any of its obligations under the Work Order (not
otherwise referred to in Sub-clause 18.2 [Default Events]) and such failure continues
for twenty eight (28) days after receipt of a Sub-clause 18.1 [Notice to Correct]; or
L. incurring an amount payable to the Authority equal to or exceeding the Penalties
liability cap under Sub-clause 18.3.1 [Limit of Penalties]; or
M. incurring an amount payable to the Authority equal to or exceeding seventy five per
cent (75%) of the cumulative liability amount under Sub-clause 18.5.2 [Cumulative
Liability]; or
N. the Contractor or its parent company guarantor, or its other member where the
Contractor is a member of a joint venture, becoming bankrupt or insolvent, going into
liquidation, entering into administration, compounding with its creditors or carrying on
business under a receiver, trustee or manager for the benefit of its creditors, or if any
act is done or event occurs which (under Law) has a similar effect to any of these acts
or events in any country; or
O. abandoning the Works, reducing the amount of resources on Site or otherwise
demonstrating the intention not to continue execution of its obligations under the Work
Order in accordance with the Baseline Programme; or
P. failing to achieve completion of a Key Stage, Section or the Works, as the case
maybe, within three (3) months of the Time for Completion or, the Evaluation (at any
time on or after the Time for Completion) predicts that that the Contractor will (or is
likely to) fail to achieve completion within three (3) months of the Time for Completion;
or
Q. altering its composition or legal status without the written authorisation of the Authority;
or

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R. the removal or re-assignment of Key Personnel or sub-contractors from the Project

without the Engineer’s prior non-objection; or
S. failing to comply with quality, health and safety or environmental obligations under the
Work Order; or
T. failing to pay any sum due to the Authority (being a sum which is in excess of the
amount stated in Appendix I [Work Order Particulars] and which is not an amount
subject to a Notice of Dissatisfaction) and such failure continues for twenty-eight (28)
Days following the issue of the notice to correct by the Engineer to the Contractor; or
U. persistently failing to pay sub-contractors undisputed interim payments in accordance
with sub-contract terms and conditions.
18.2.2 Notwithstanding the provisions of Sub-clause 18.1.1 the Authority shall be entitled to
terminate the Contractor’s employment under the Work Order pursuant to Sub-clause
19.5 [Termination] immediately in the event of default pursuant to Sub-clauses 18.2.1. A,
F, J, L, M, N or S and expel the Contractor from the Site.
18.2.3 In the event the Contractor fails to make good and remedy the default within the Sub-
clause 18.1.1 specified periods, the Engineer, where applicable, or the Authority may take
action which may include, but may not be limited to the following:
A. subject to Sub-clause 16.6 [Authority’s Claims] deduction of any resulting loss and / or
expense from any payments due;
B. termination of the Contractor's employment pursuant to Sub-clause 19.5 [Termination];
C. banning the Contractor and / or the Contractor’s Personnel from any present or future
Authority projects;
D. calling upon any guarantee(s) provided pursuant to Clause 3 [Contractor’s
Guarantees].
18.2.4 The imposition of any remedy pursuant to Sub-clause 18.2 [Default Events] shall not:
A. relieve the Contractor of any liabilities or obligations; or
B. prejudice the Authority’s rights and remedies,
arising under the Work Order or at Law.
18.2.5 In the event the Contractor is required to carry out works or to repeat works as a result of
any error, omission, delay, or misjudgement or any other relevant action / inaction by the
Contractor, then the Contractor shall carry out such works or repeated works promptly and
shall not be entitled to any additional sums or an extension to the Time for Completion.
18.2.6 At any time, any non-objection of the Works will not relieve the Contractor of the
responsibility for subsequent correction of any errors and from the clarification of any
ambiguity therein.
18.3 Penalties
18.3.1 Limit of Penalties
18.3.1.1 The Contractor's aggregate liability to the Authority for Penalties under the Work Order
shall not exceed ten per cent (10%) of the Work Order Price. The Contractor's liability
to the Authority for penalties shall be payable without the need for recourse to court or
arbitration proceedings and without the need for the Authority to prove the existence of
any damages or losses arising which will be considered as existing in all cases,
provided always that the Contractor shall not be liable where the cause (giving rise to
such penalties) occurs through no fault or breach by the Contractor or Contractor’s
Personnel under the Work Order which in any event will not infer liability upon the
Authority.

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18.3.1.2 Subject to Sub-clause 16.6 [Authority’s Claims] the Authority shall have the right,
without prejudice to any other right or remedy, to set-off the amount of penalties from
any monies due or which may become due to the Contractor.
18.3.1.3 The payment or deduction of such penalties shall not relieve the Contractor from any
obligations to execute and complete the Works under the Work Order or from any of its
other obligations or liabilities under the Work Order or Law.
18.3.2 Penalties for Delay to Performance
18.3.2.1 In the event that the Contractor fails to complete the Works, a Section or Key Stage, as
the case may be, by the Time for Completion the Contractor shall pay to the Authority
such penalties as stated in Appendix I [Work Order Particulars] as penalties for delay
for each day or part day which shall elapse between the Time for Completion and the
Taking-Over Date for the Works or a Section; or the completion date for a Key Stage,
as the case may be.
18.3.3 Penalties for Non-Performance
18.3.3.1 In the event the Works or any Section, as the case may be, fails to attain any of the
Performance Levels before the Time for Completion, the Contractor shall pay to the
Authority such penalties as stated in Appendix I [Work Order Particulars].
18.3.4 Penalty for Health and Safety Infringement
18.3.4.1 The Contractor shall procure and ensure that the Contractor’s Personnel maintain full
compliance with the Contractor’s health, safety and security management system as
non-objected by the Engineer pursuant to Sub-clause 6.16 [Health, Safety and Security
Management] for the currency of the Work Order.
18.3.4.2 In addition to the general remedies available to the Engineer pursuant to Sub-clause
6.16 [Health, Safety and Security Management], in the event of specific health and
safety infringements, the Contractor shall pay to the Authority such penalties as
identified in Appendix I [Work Order Particulars].
18.4 Key Performance Indicators
18.4.1 For the currency of the Work Order the performance of the Contractor shall be monitored
by the Engineer against the Key Performance Indicators as identified in Schedule B
[Payment Schedules].
18.4.2 Subject to the Contractor’s performance as monitored against the Key Performance
Indicators set out in Schedule B [Payment Schedules] adjustment to the Work Order Price
shall be in accordance with the procedure set out in Schedule B [Payment Schedules] and
shall be implemented without the need for any notification or warning or recourse to legal
or arbitral proceedings.
18.4.3 The adjustment to the Work Order Price for the Contractor’s performance, as measured
by the Schedule B [Payment Schedules] Key Performance Indicators, shall not relieve the
Contractor from any obligations or liabilities arising under the Work Order nor prejudice
any rights or remedies available to the Authority.
18.4.4 In the event that the Contractor's performance fails to achieve the key performance
targets identified in the Work Order the Contractor shall submit proposals for remedying
and improving its performance to achieve at a minimum and exceed such key
performance targets.

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18.5 Limits of Liability

18.5.1 Consequential Loss
With the exception of loss of use of the Works neither Party shall be liable to the other for
any loss of profit, loss of business, loss of production, loss of contracts or for any indirect
or other consequential loss or damage whatsoever that may be suffered by the other
Party, except to the extent that such consequential loss or damage is attributable to gross
negligence, deliberate default, fraud, fraudulent misrepresentation or Wilful Misconduct by
the defaulting party, it’s personnel or agents.
This exclusion is without prejudice to the Contractor’s obligation to make good or remedy
the Works during such time while the Works are under the care and control of the
Contractor.
18.5.2 Cumulative Liability
The Contractor’s cumulative liabilities to the Authority shall not exceed the amount
identified in Appendix I [Work Order Particulars] provided that this cap on liability shall not
apply in respect of any claims arising out of:
A. death, personal injury or damage to third party property; or
B. gross negligence, deliberate default, fraud, fraudulent misrepresentation or Wilful
Misconduct by the Contractor or Contractor’s Personnel.
18.6 Conflict of Interest
As a condition precedent to payment for the Works the Contractor shall sign, and deliver a
Conflict of Interest Statement in the specimen form provided in Schedule G [Other
Documents].
19 SUSPENSION AND TERMINATION

19.1 Suspension
19.1.1 Pursuant to Sub-clause 5.4 [Instructions] the Engineer may at any time instruct the
Contractor to suspend part or all of the Works, citing the reason of the suspension and the
Contractor shall immediately comply with such instruction.
19.1.2 During such suspension, the Contractor shall protect, store and secure such part of the
Works against any deterioration, loss or damage.
19.1.3 Except in the circumstance of Force Majeure pursuant to Sub-clause 16.4 [Force
Majeure], if the Engineer suspends the whole or part of the Works for more than sixty
three (63) Days then the Contractor may request the Authority to issue an instruction
either to resume or to terminate the whole or part of the Works and the Authority shall
issue its instruction within twenty one (21) Days of receipt of the Contractor’s request.
19.1.4 In the event of the Authority failing to issue an instruction pursuant to Sub-clause 19.1.3
the Contractor may:
A. within seven (7) Days of the due date of the Authority’s instruction give a warning
notice to the Authority of deemed termination; and
B. by a further notice to the Authority, issued seven (7) Days after the date of the warning
notice, give further notice that after fourteen (14) Days the whole or part of the Works,
subject to the Engineer's suspension notice, shall be deemed to be terminated by the
Authority.

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19.1.5 In no event shall the Contractor be entitled to consider the whole or part of the Works,
subject to the Engineer's suspension notice, as deemed terminated without first giving the
due notices and serving the due seven (7) plus fourteen (14) Day notice periods pursuant
to Sub-clause 19.1.4.
19.1.6 In the event of deemed termination a termination payment pursuant to Sub-clause 19.7
[Termination Payment] shall be payable to the Contractor if the suspension related to the
whole of the Works.
19.1.7 In the event that the Authority elects to continue the Engineer’s suspension of the whole
or part of the Works the Authority shall instruct the Engineer to issue an instruction
pursuant to Sub-clause 16.2.2 [Request for Proposal] to extend the suspension period
beyond sixty three (63) Days.
19.1.8 In the event that a prolonged suspension is instructed pursuant to Sub-clause 16.2.2
[Request for Proposal] and the suspension continues for a further three hundred and sixty
four (364) Days, the Contractor shall request the Authority to issue, an instruction either to
resume or to terminate the whole or part of the Works in a repetition of the process
provided in Sub-clause 19.1.3.
19.1.9 In the event that the suspension exceeds a combined period of five hundred and forty six
(546) Days the Contractor may, by giving notice in the same format as Sub-clause 19.1.4
to the Authority, treat:
A. in the event of part of the Works suspended, the suspended part of the Works as
omitted and require an instruction pursuant to Sub-clause 16.2.1 [Instructed Variation]
to be issued by the Engineer; or
B. in the event of the whole of the Works suspended, the Works as terminated by the
Authority and the termination payment pursuant to Sub-clause 19.7 [Termination
Payment] shall be payable to the Contractor.
19.2 Consequences of Suspension
19.2.1 In the event that the Contractor considers that it has been delayed or has incurred
additional Cost in:
A. complying with the Engineer’s instruction to suspend under Sub-clause 19.1
[Suspension]; and / or
B. resuming the Works under Sub-clause 19.4 [Resumption of Work],
for a reason other than as a result of any breach, default or other fault on the part of the
Contractor under the Work Order or for any of the reasons set out in Sub-clause 19.2.2
the Contractor shall subject, to Sub-clause 16.3 [Contractor's Claims] be entitled to:
(i) an extension to the Time for Completion, if completion of the Works or any Section or
Completion under Sub-clause 12.3 [Delays to Completion]; and / or
(ii) payment of any such additional Cost, which shall be added to the Work Order Price;
and
(iii) the payment of Profit on the additional Cost where the suspension is for the
convenience of the Authority.
19.2.2 The Contractor shall not be entitled to an extension to the Time for Completion or to
payment of any additional Cost or the payment of Profit on the additional Cost incurred in,
making good the consequences of the Contractor's faulty design, workmanship or
materials, or of the Contractor's failure to protect, store or secure in accordance with Sub-
clause 19.1 [Suspension], or where such suspension relates to the safety of the Works or
Site or of the Contractor's failure to otherwise comply with its obligations under the Work
Order.
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19.2.3 If and to the extent that the cause of suspension notified is either the responsibility of the
Contractor or arises from a breach by the Contractor under the Work Order, the
Contractor shall not be entitled to the relief pursuant to this Sub-clause 19.2
[Consequences of Suspension] or 19.3 [Payment for Plant and Materials in Event of
Suspension].
19.3 Payment for Plant and Materials in Event of Suspension
19.3.1 The Contractor shall be entitled to payment of the value (as at the date of suspension) of
Plant and Materials which have not been delivered to the Site, if:
A. the work on the Plant or delivery of Plant and / or Materials has been suspended for
more than sixty three (63) Days; and
B. documents evidencing that title has passed to the Authority have been delivered to the
Engineer; and
C. the Contractor has marked such items as the Authority’s property in accordance with
the Engineer's instructions and placed in a safe and secure warehouse readily
accessible by the Engineer; and
D. such suspension has not arisen from a reason which is as a result of any breach,
default or other fault on the part of the Contractor under the Work Order or for any of
the reasons set out in Sub-clause 19.2.2.
19.4 Resumption of Work
19.4.1 After the instruction to proceed is given or the Contractor has resumed the Works or such
part of the Works suspended pursuant to Sub-clause 19.1 [Suspension], the Parties shall
jointly examine the Works and the Plant and Materials affected by the suspension. The
Contractor shall provide an Impact Assessment satisfying the requirements under Sub-
clause 16.5 [Impact Assessment] for making good any deterioration or defect in or loss of
the Works or Plant or Materials which has occurred during the suspension and the
Engineer shall issue a corresponding instruction to make good or otherwise.
19.5 Termination
19.5.1 The Authority shall be entitled to terminate:
A. the Contractor’s employment under the Work Order pursuant to Sub-clause 18.2
[Default Events]; or
B. the Work Order at any time for reason of the Authority's convenience,
by giving notice of such termination to the Contractor.
19.5.2 Except in the event of default pursuant to Sub-clause 18.2 [Default Events], should the
Authority terminate the Work Order, such termination shall be deemed ‘termination at the
Authority’s convenience’ and the termination payment pursuant to Sub-clause 19.7
[Termination Payment] shall be payable to the Contractor.
19.5.3 Neither the Engineer’s instruction to suspend, nor the Authority's decision to terminate, the
Work Order or the Contractor’s employment under the Work Order shall prejudice any
other rights of the Authority under the Work Order or at Law.
19.6 Action Upon Termination
19.6.1 Upon receipt of the Authority’s termination notice pursuant to Sub-clause 19.5.1 A or
19.5.1 B, or upon deemed termination, the Contractor shall proceed as follows:
A. immediately cease all further work, except for such work as may have been instructed
by the Engineer for the protection of life or property or for the safety of the Works;
B. within twenty one (21) Days of the instruction, and subject to Sub-clause 11.7
[Ownership of Plant and Materials]:
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(i) deliver to such location as instructed by the Engineer all Plant, Materials and other
work for which the Contractor has received payment;
(ii) assign to the Authority, to the extent instructed by the Engineer:
a. any and all transferable rights and title held by the Contractor relating to the
Works, including the Plant and Materials together with the obligations
connected therewith; and
b. all rights and benefits under any sub-contract and all sub-contractors'
guarantees and warranties;
C. within twenty one (21) Days of the instruction and subject to Sub-clause 19.6.1 A,
vacate the Site and return to the Authority all Facilities, Information and Services that
have been made available to the Contractor;
D. within twenty eight (28) Days of the instruction submit to the Engineer either the
original or a reproducible copy of every Contractor’s Documents associated with the
Works; and
E. within thirty five (35) Days of the instruction submit for the Engineer’s review the draft
Final Account pursuant to Sub-clause 15.8 [Application for Final Payment] which shall
consider:
(i) any entitlement to termination payment pursuant to Sub-clause 19.7 [Termination
Payment], if terminated in the event of ‘termination at the Authority’s
convenience’;
(ii) the value of all work completed in accordance with the Work Order at the date of
the termination notice for which a price is stated in the Work Order;
(iii) the Cost of Plant and Materials ordered for the Works which have been delivered
to the Contractor, or of which the Contractor is liable to accept delivery: such Plant
and Materials shall become the property of (and be at the risk of) the Authority in
accordance with the provisions of Sub-clause 11.7 [Ownership of Plant and
Materials], and the Contractor shall place the same at the Engineer's disposal;
(iv) any other Cost or liability which in the circumstances was reasonably incurred by
the Contractor in the expectation of completing the Works;
(v) where instructed, the Cost of removal of Goods from the Site and the return of
these items to the Contractor's works in its country (or to any other destination at
no greater cost);
(vi) the Cost of repatriation of the Contractor's and sub-contractor's Personnel (in the
event the Authority does not elect to retain) employed wholly in connection with
the Works at the date of termination;
(vii) deductions for any Advance Payment outstanding amounts; and
(viii) deductions for any and all amounts which may be due to the Authority in
connection with Authority’s claims.
19.6.2 Upon receipt of the Authority’s notice to terminate the Work Order or the Contractor’s
employment under the Work Order the Engineer shall proceed in accordance with Sub-
Clause 16.6 [Authority’s Claims].
19.6.3 Termination Evaluation
19.6.3.1 Upon the Authority issuing a notice of termination pursuant to Sub-clause 19.5.1 the
Engineer shall:
A. In the event of Termination of the Work Order:

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(i) within twenty eight (28) Days of receipt of the Contractor’s statement of the
draft Final Account issue the Evaluation of the Final Account; and
(ii) except in the event of the Final Account Evaluation being a negative amount,
return the Performance Guarantee and where applicable, Advance Payment
Guarantee, Materials Guarantee(s) and the Retention Guarantee(s) to the
Contractor; and
(iii) if any sub-contractors are also terminated, subject to the requirements of Sub-
clause 3.7 [Extended Warranties] return the Collateral Warranties; and
(iv) upon agreement of the Final Account and payment of all outstanding sums
return all remaining guarantees.
B. In the event of Termination of the Contractor’s employment under the Work Order:
(i) within twenty eight (28) Days of receipt of the Contractor’s statement of the
draft Final Account issue the Evaluation of the value of work executed, and any
other amounts in relation thereto, in accordance with the Work Order; and
(ii) withhold payments to the Contractor until the costs of the design (to the extent
specified in the Work Order), execution, completion and remedying of defects
in the Works, penalties for delay to completion and non / under performance (if
any) and all other costs incurred by the Authority, have been established; and
(iii) identify any direct losses incurred by the Authority and any extra cost of
completing the Works; and
(iv) within sixty three (63) Days of the completion of 19.6.3.1 B (iii), and after
allowing the sums due Evaluated pursuant to 19.6.3.1 B (i), (ii) and (iii), issue
the Evaluation of the Final Account; and
(v) if any sub-contractor’s scope is also terminated, subject to the requirements of
Sub-clause 3.7 [Extended Warranties] return the Collateral Warranties; and
(vi) upon agreement of the Final Account and payment of all outstanding sums
return all remaining guarantees.
19.6.3.2 Upon receipt of the Engineer’s Evaluation of the Final Account the Contractor shall
apply for payment in accordance with Clause 15 [Payment].
19.6.4 Should the Evaluation of the Final Account be a negative amount the Contractor shall be
entitled to give notice of its intent to, and provide, payment of any outstanding sums due in
lieu of the Authority calling upon the guarantees provided pursuant to Clause 3
[Contractor’s Guarantees].
19.6.5 In the event that the called guarantee amount is insufficient for recovery of sums due in
the Final Account, calling the guarantee shall not relieve the Contractor of any obligation
to pay the Authority any outstanding amount or the rights of the Authority under the Work
Order.
19.6.6 Upon termination of the Contractor’s employment the Authority may complete the Works
and / or arrange for any other entities to do so at the Contractor’s expense. The Authority
and these entities may then use any Goods, Contractor’s Documents and other design
documents made by or on behalf of the Contractor.

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Upon completion of the Works by the Authority or by others, or any other time duly
considered by the Engineer, the Engineer shall give notice that the Contractor's
Equipment and Temporary Works will be released to the Contractor at or near the Site.
The Contractor shall promptly arrange for their removal, at the risk of the Contractor.
However, if by this time the Contractor has failed to make a payment due to the Authority,
pursuant to Sub-clause 19.6.3 [Termination Evaluation] these items may be sold by the
Authority in order to recover this payment. Any balance of the proceeds shall then be paid
to the Contractor.
19.7 Termination Payment
19.7.1 Unless expressly provided otherwise in the Work Order, in the event of ‘termination at the
Authority’s convenience’ for the whole of the Works then the Contractor shall be entitled to
the termination payment as set out in Appendix I [Work Order Particulars].
19.7.2 In the event the Authority terminates a part or Section of the Works then the right of the
Contractor to receive a termination payment shall not apply and no reimbursement in any
form or manner whatsoever shall be payable.
19.7.3 In the event the Authority terminates the Contractor’s employment the right to a
termination payment shall not apply and the Contractor shall waive any and all rights
under Law or the Work Order to compensation in any form or manner whatsoever.
19.7.4 The Parties acknowledge the difficulty in determining the exact extent of any loss and
expense that may be incurred as a result of termination by the Authority, but agree that
the termination payment shall be deemed to cover all losses and expenses incurred or
which may be incurred by the Contractor as a result of the termination and the Contractor
shall have no further right for payments of any kind whatsoever except as expressly stated
in the Work Order.
20 SETTLEMENT OF DISPUTES
20.1 Dispute
20.1.1 In the event of a Notice of Dissatisfaction being raised under the Work Order such notice
shall bring into existence a ‘Dispute’ which shall initially be referred to and settled by the
Engineer who shall, within a period of thirty five (35) Days of receipt of the Notice of
Dissatisfaction, give notice of its Determination with supporting particulars to the Parties.
Such Determination shall forthwith be given effect to by the Parties who shall proceed with
their respective obligations under the Work Order with all due diligence irrespective as to
whether or not any Party elects to refer the Dispute to amicable settlement, Expert’s
decision or the courts or arbitration as hereafter provided in this Clause 20 [Settlement of
Disputes].
20.1.2 In the event that:
A. the Engineer fails to give notice of its Determination in accordance with Sub-clause
20.1.1 within thirty five (35) Days of receipt of the Notice of Dissatisfaction; or
B. the Engineer fails to provide supporting particulars to justify and substantiate its
Determination; or
C. the Engineer’s Determination is rejected by either Party,
then either Party may, on or before the fourteenth (14th) Day after receipt, or the due date
of receipt, of the Engineer’s Determination, give notice to the other party of its rejection of
the Determination. Such notice of rejection shall state that it is given under this Sub-
clause 20.1.2 and set out the details of the Dispute and the reason(s) for rejection and no
amicable settlement, expert’s decision, litigation or arbitration in respect of such Dispute
may be commenced unless such notice is given.

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20.1.3 In the event that neither Party refers the Engineer’s Determination to amicable settlement
pursuant to Sub-clause 20.2 [Amicable Settlement] within the fourteen (14) Day period
referred in Sub-clause 20.1.2 then:
A. the Dispute shall be deemed irrevocably abandoned and closed, in the case of the
Engineer’s failure to issue a Determination; or
B. the Engineer’s Determination shall be considered as accepted, final and binding, in the
case of the issue of the Engineer’s Determination or failure to provide supporting
particulars with the Determination.
20.2 Amicable Settlement
20.2.1 Within twenty one (21) Days, or some other period mutually agreed between the Parties,
from the date of referral of the Dispute to amicable settlement, pursuant to Sub-clause
20.1 [Dispute] or 15.8 [Application for Final Payment], the Representatives of the Parties
for Amicable Settlement, as identified in Schedule D [Representatives of the Parties for
the Purposes of Amicable Settlement] shall convene and endeavour to settle the Dispute
amicably and in good faith, however should:
A. the Dispute not be resolved within twenty one (21) Days of convening for the purposes
of amicable settlement; or
B. one of the Parties refuses or fails to attend the amicable settlement meeting within
twenty one (21) Days receipt of the written request of the other Party to convene,
either Party may then give notice and refer the Dispute for the Expert’s decision pursuant
to Sub-clause 20.3 [Expert’s Decision] within seven (7) Days of the:
(i) failure to reach amicable settlement as described in Sub-clause 20.2.1. A above; or
(ii) refusal to convene as described in Sub-clause 20.2.1. B above.
20.2.2 In the event that neither Party refers the Dispute for the Expert’s decision within the seven
(7) Day period referred in Sub-clause 20.2.1 the amicable settlement shall be deemed as
abandoned and the Dispute irrevocably closed and:
A. abandoned in the case of referral to amicable settlement due to the Engineer’s failure
to issue a Determination; or
B. the Engineer’s Determination accepted, final and binding, in the case of the issue of
the Engineer’s Determination or failure to provide supporting particulars with the
Determination.
20.3 Expert’s Decision
20.3.1 Subject to the provisions of Sub-clause 20.2 [Amicable Settlement], either Party may
decide to refer the Dispute to an Expert for its decision, by written notice to the other
Party.
20.3.2 The Parties shall, within twenty-eight (28) Days of the date of such written notice, jointly
agree upon and appoint a suitably qualified person as Expert who shall be (and the terms
of its appointment shall so provide) independent of the Parties and shall act impartially in
accordance with the terms and conditions of its appointment. The terms and conditions of
the remuneration of the Expert, including the remuneration of any specialist from whom
the Expert may require to seek advice, shall be mutually agreed upon by the Parties, and
the Expert.
20.3.3 The Parties shall each pay one-half of the remuneration of the Expert in accordance with
such terms and conditions.

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20.3.4 In the event of the Parties failing to agree on the appointment of the Expert within the
twenty eight (28) Day period described in Sub-clause 20.3.2, either Party shall be entitled
to request the Qatar Chamber of Commerce and Industry to appoint the Expert, after due
consultation with the Parties and such appointment shall be final and conclusive.
20.3.5 After the appointment of the Expert, either Party may refer the Dispute in writing to the
Expert. Such reference shall state that it is made under this Sub-clause 20.3 [Expert’s
Decision]. The Parties shall promptly make available to the Expert all such information,
access, and appropriate facilities as the Expert may require for the purposes of reaching a
decision. Within twenty eight (28) Days of receipt of the referral, or such other period
mutually agreed between the Parties, the Expert (acting as an Expert and not as an
arbitrator) shall give notice of its decision to the Parties. Such notice shall include the
Expert’s reasons for its decision.
20.3.6 Such decision shall forthwith be given effect to by the Parties, who shall proceed with their
respective obligations under the Work Order with all due diligence irrespective as to
whether or not any Party elects to refer the Dispute to courts or arbitration as hereinafter
provided.
20.3.7 Unless the Work Order, or the Contractor’s employment under the Work Order, has
already been terminated, the Contractor shall, in every case, continue to perform its
obligations under the Work Order with all due diligence.
20.3.8 If either Party rejects the Expert's decision, then such Party may, within fourteen (14)
Days of receipt of the Expert’s decision, give notice to the other Party of its rejection of the
decision. Such notice of rejection shall state that it is given under this Sub-clause 20.3.8
and set out the details of the Dispute and the reason(s) for rejection, and subject to Sub-
clause 20.4 [Reference to Courts], no litigation or arbitration in respect of such Dispute
may be commenced unless such notice is given.
20.3.9 In the event that neither Party issues a notice of rejection within fourteen (14) Days of
receipt of the Expert's decision, then the Expert's decision shall become final and binding
upon the Parties.
20.4 Reference to Courts
20.4.1 In the event of:
A. the Expert failing to give notice of its decision within the period referred to in Sub-
clause 20.3.5; or
B. the rejection of the Expert’s decision in accordance with Sub-clause 20.3.8; or
C. failure of either Party to comply with the final and binding decision of the Expert,
then the Dispute may be referred, by either Party, to the Qatari court of competent
jurisdiction.
20.4.2 Without prejudice to Sub-clause 20.4.1, nothing in the Work Order shall prevent the
Parties from referring the Dispute to arbitration by subsequent mutual written agreement.
20.4.3 Reference of Disputes to courts or arbitration shall not in any way vitiate or invalidate the
Work Order neither shall it be grounds for the Contractor to cease performance of any of
its obligations under the Work Order nor for the Authority to terminate the employment of
the Contractor under the Work Order and the Contractor shall continue to perform its
obligations under the Work Order with all due diligence.
20.4.4 All such reference as aforesaid shall be governed by the Laws and all judicial proceedings
shall take place in the State of Qatar.

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20.5 Arbitration
20.5.1 Arbitration, if agreed pursuant to the provisions of Sub-clause 20.4.2, shall be carried out
in accordance with the following clauses of this Sub-clause 20.5 [Arbitration].
20.5.2 The fact of the Dispute and its reference to arbitration under this Sub-clause 20.5
[Arbitration] and the place and time of that arbitration shall be subject to the confidentiality
restrictions appearing in Sub-clause 2.10 [Confidentiality].
20.5.3 Rules and Management of the Arbitration
The rules and management of the arbitration shall be as follows:
A. arbitration shall be carried out under the procedures, rules and regulations of the
Qatar International Centre for Conciliation and Arbitration, Qatar Chamber of
Commerce and Industry (QICCA), and its successors, and such procedures, rules and
regulations shall be deemed to be incorporated into this Sub-clause 20.5 [Arbitration]
by reference;
B. the seat of the arbitration shall be Doha;
C. arbitration shall be subject to the Laws;
D. unless otherwise required by the Authority the arbitration shall be conducted in the
English language and the award of any arbitrator or arbitral panel, together with the
reasons for the determination, shall be in writing in both Arabic and English languages;
E. unless otherwise required by the Authority all evidence, submissions or documents
presented at the arbitration in a language other than in the English language shall be
accompanied by an immediate English language translation thereof, if oral, or if
written, a certified English language translation;
F. the arbitrator or arbitral panel shall have full power to open up, review and revise any
decision or findings of the Expert;
G. arbitration may be commenced prior to or after completion of the Works. The
obligations of the Parties and the Expert shall not be altered by reason of the
arbitration being conducted during the progress of the Works;
H. any monetary award in any arbitration shall be denominated and payable in Qatari
Riyals; and
I. Arabic translation services both oral and written must be available throughout the
course of the Arbitration.
20.5.4 Determinations of the Arbitrator
The Parties agree that all determinations of the arbitrator or arbitral panel shall:
A. be final and binding on the Parties and will be given effect and implemented forthwith
by them;
B. not be subject to judicial appeal or review (all rights to which the parties hereby waive)
other than by a Qatari court of competent jurisdiction on grounds permitted under Law;
and
C. be subject to the confidentiality restrictions in Sub-clause 2.10 [Confidentiality] and
except as provided in that clause or by agreement between the parties, may not be
publicised or otherwise disclosed.

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SCHEDULES TO THE WORK ORDER
Appendix I: Work Order Particulars
Schedule A: Project Specification
Schedule B: Payment Schedules
Schedule C: Resource Schedules
Schedule D: Representatives of the Parties for the Purposes of Amicable Settlement
Schedule E: Insurances
Schedule F: Access to Site
Schedule G: Other Documents


04A. Work Order Tender Docs - Volume 2 - General Conditions

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04A. Work Order Tender Docs - Volume 2 - General Conditions

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‫دولة قطر‬

‫أعمال الهندســـة والبناء‬

PROJECT ID: IA 12/13 C 056 ST

2 THE WORK ORDER 9

2.1 WORK ORDER DOCUMENTS 9

4.1 GENERAL REQUIREMENTS FOR INSURANCES 16

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5.1 FACILITIES, INFORMATION AND SERVICES 20

6.1 CONTRACTOR’S GENERAL OBLIGATIONS 24

7.1 SUFFICIENCY OF CONTRACTOR’S DOCUMENTS 31

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8.1 PROGRAMME TIME 38

9 EXECUTION OF THE WORKS 41

9.1 CONTRACTOR’S EXECUTION. 41

10.1 CONTRACTOR’S REPRESENTATIVE 44

11 PLANT, MATERIALS AND WORKMANSHIP 48

11.1 MANNER OF EXECUTION 48

12 COMMENCEMENT AND COMPLETION 52

12.1 EFFECTIVE DATE AND COMMENCEMENT 52

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14 TAKING OVER AND DEFECTS 56

14.1 TAKING-OVER OF THE WORKS AND SECTIONS 56

15.1 PAYMENT AMOUNT 60

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17 RISK AND RESPONSIBILITY 73

17.1 WARRANTED PROJECT DATA 73

18 DEFAULT, PENALTIES AND LIMIT OF LIABILITY 76

18.1 NOTICE TO CORRECT 76

19 SUSPENSION AND TERMINATION 80

SCHEDULES TO THE WORK ORDER 89

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C. using appropriate internationally accepted standards for materials and workmanship

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1.3 Joint and Several Liability

2 THE WORK ORDER

F. Schedule B: Payment Schedules;

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2.2 Entire Agreement

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4.3 Insurance Obligations Particular to the Contractor

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4.6 Liability and Limits of Coverage

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B. an Impact Assessment satisfying the requirements under Sub-clause 16.5 [Impact

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6.11 Authority's Equipment and Free-Issue Material

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