Volume-1-Tender & Conditions of Contract

THE CREST
Luxury Residential Project

in DLF City, Phase - V, Gurgaon
Package No. 3000
MAIN CONSTRUCTION CONTRACT
TENDER DOCUMENT
Volume 1
TENDER AND CONDITIONS OF CONTRACT
December 2012
THE OWNER: PROJECT MANAGER:

DLF City Developers Pvt. Limited Mace Project & Cost Management Pvt. Ltd.
DLF Gateway Tower, 4th Floor, T-36, Manish Global Mall,
DLF City, Phase – III, Sector-22, Dwarka,
Gurgaon – 122 002 New Delhi – 110 075
THE CREST
Package No. 3000
TENDER DOCUMENT
LIST OF TENDER DOCUMENT
Volume 1 – Employer Requirements from part of a set of Tender

Documents comprising of the following:
VOLUME 1 - TENDER AND CONDITION OF CONTRACT
VOLUME II - SPECIFICATION
VOLUME III - BILL OF QUANTITIES
VOLUME IV - DRAWINGS
VOLUME V - OWNER'S REQUIREMENTS
VOLUME VI - PROJECT PROCEDURES MANUAL
VOLUME VII - OTHER DOCUMENTS

THE CREST
Package No. 3000
TENDER DOCUMENT
VOLUME – 1 : TENDER AND CONDITION OF CONTRACT
Contents:
Section 1 - Brief Description of Works and Strategic Programme
Section 2 - Instruction to Tenderers and Appendices
2.1 : Instruction to Tenderers

2.2 : Appendices requiring the Contractor to provide the
following information (as per the attachment)
Section 3 - Form of Tender
Section 4 - Conditions of Contract
Part I : General Conditions with its Annexure

Part II : Conditions of Particular Application
Section 1 - Brief Description of Works and Strategic Programme
Tender Document - Volume-I

Brief Description of Works

The Crest, Luxury Residential Project in DLF City
Phase V, Gurgaon
Package 3000 – Main Construction Contract
PROJECT DESCRIPTION AND SCOPE OF WORKS
1.0 INTRODUCTION
1.1 The Crest
The Owner’s vision is to develop The Crest as a High Rise Luxury Residential Complex with aim to
achieve higher standards for delivery to upscale Customers. The Project is being launched after
successful completion of Park Place and Belaire projects. The Development is also in continual
progressive development of the land parcels of Phase V. The Project is located in Zone 11 & 12 of
the Phase V, DLF City.
This Residential Development is primarily directed towards upper middle to upper class with higher
standards and deliverables adopted than current Developments. The overall Quality standards
adopted will match International standards. DLF has appointed Architect Hafeez Contractor as the
Principal Architect along with WSP as Integrated MEPF and Structural Peer Review Consultant while
Manish Consultants are the Structural Consultants for the Project. GCH, USA are appointed as
Landscaping Consultants.
There are a number of developments springing in vicinity and it is therefore essential that the stock
provided is unique, specifically aligned with the end user requirements and aspirations in the present
day context to secure reasonable market share.
The Development will provide recreational areas, with a pool and gymnasium and some sports
facilities. The rest of the areas within the plot will be tastefully landscaped by GCH, USA.
2.0 Site Context
2.1 Location:
The project is located in DLF City, Phase V, Sector 54, Gurgaon, Haryana State, India. It is within the
premium DLF Phase V community on the Golf Course Road being an upscale and well developed
location. The neighbourhood is cosmopolitan in outlook with a good mix of expats, young
professionals and businessmen. It is close to Horizon Business Centre, which is under construction,
having a super luxury mall on the lines of DLF’s Emporio. The project is adjacent to Park Place, a
developed and occupied residential complex.
2.2 Accessibility:
The project is in close proximity to proposed 16 lane signal free expressway being HUDA Sector
Road. It is also close to Gurgaon – Faridabad Road. The recently commissioned Indira Gandhi
International (IGI) Airport, T3, is approximately 35 minutes from the proposed site and 20 minutes
from DLF Cyber City. It is approximately 10 minutes from HUDA City Centre Metro Station providing
connectivity further on to Delhi and NCR Region.
2.3 Connectivity to Key facilities:

The project is in close proximity to multi speciality hospitals – 10 minutes from Paras Hospital, 20
Minutes from Medanta Medicity, 15 minutes from Max and Fortis Hospital.
Volume-I, Section 1 Page 1 of 5

Phase V, Gurgaon
With respect to quality educational facilities it is 10 minutes from Lancer International School, 15
minutes from the Sri Ram School and 10 minutes from Shalom International School.
It is in close proximity to a number of shopping centres and malls. It is approximately 10 minutes

from DLF Mega Mall, 15 minutes from The Mall Road – MG Road, 15 minutes from The Galleria
among others.
2.4 Connectivity to Delhi:

The project is 15-20 minutes from the Delhi-Gurgaon Expressway, 35 minutes from South Delhi and
45 minutes from Connaught Place. It is approximately 15 minutes from HUDA City Centre Metro
Station that connects to all the locations in Delhi as well as NOIDA further on.
2.5 Existing Site Services
A site plan is enclosed in the logistics documentation and is indicative only. It is anticipated that the
development is on a “green field” site and there are no major services within the boundary of the site
except services adjoining Park Place where the Crest are likely to be connected. It is likely that all
services, such as sewerage, storm water etc. will be connected to existing network close to the
boundary of the Crest in adjacent development of Park Place.
3 SITE PLANNING, BUILDING PROGRAMME, THEME AND CONSTRUCTION
3.1 Site Planning
The Owner has prepared a concept design as well as a concept Master Plan for the development of
the Site. This Master Plan has been developed by the Master Planning Architect to define the
building locations upon the plot and develop the theme to various components of the building fabric
to ensure continuity across the development. This has in turn been developed by the Lead
Consultants to develop the construction documentation.
3.2 Building Programme
The Project is designed as a totally residential development. It consists of 6 towers, 3 towers being
G+27 while the remaining 3 towers being G+38 story high with 4 levels of Basement along with an
exclusive Clubhouse Complex within the complex.
The Main features of the Development are as follows:
 High Rise Residential Towers

 3 – Towers G+38 story high

Phase V, Gurgaon
 3 – Towers G+27 story high

 4 – Levels of Basement
 765 Apartments 3-4 Bedrooms
 Clubhouse with community swimming pool, gymnasium etc. among others
 External Works
 Ancillary areas – Guard Room, Meter Room, Garbage Room (Solid Waste Converter), Gas
Banks, U/G HSD tanks, Entrance Gates, Pathways, External lighting,
 Show Apartment and Marketing Suite
 All interface elements and service connections outside the plot boundary
 Extensive Landscaping with water features, swimming pools, ground signage, street furniture,
 Plot Area = 8.822 acres, 35,702 .83 m2
 Overall built up area (approximately) = 316,000 m2
 Overall saleable area (approximately) = 239,500 m2
 Floor to floor height = 3.2 m
 Ground Coverage = 6,902.65 m2
 Estimated Population = 3,981 persons
 Covered Car Parks = 2,187
 Car Parks per apartment = 2 & 3
 Basement Area = 93,972.98 m2
 Organized Green Area = 19,129.6 m2
 Overall electrical demand = 9,377 KW
 Overall Potable Water demand = 513 KLD
 Overall Flushing Water demand =210 KLD
 Treated Waste Water use = 376 KLD
 Overall Back up Power= 6 x 2,000KVA
The apartments will be provided with air conditioning and some hard furnishing. Fully fitted kitchen
and wardrobes could be provided as option to the prospective buyers.
In brief the building programme consists of the following:-
The 4 levels of basement car parking encompass all of the 6 buildings to the limit of the plot on the
northern side and house the major MEP services within these basements.
The podium at ground level serves the entrance roads to the buildings, landscaping and swimming
pool, clubhouse facilities and access around the perimeter for a fire services vehicle.
4.0 Owner’s Objectives
The main objectives of the Owner are as follows:

Phase V, Gurgaon
 To deliver a high quality residential development that is above what has been achieved so far
in recent developments.
 The project approach has also been modified with a fundamental change in philosophy of
delivering the project from in house resources to outsourcing it completely using Project
Management Consultants as primary Owner Representatives and further on it will be first time
when a major part of design has been awarded to International firms.
 It has also been decided that the majority of the Contractors on the Bid slate will be foreign
companies / Indian companies of repute who have delivered similar projects successfully as
per Owner’s vision.
 Time – Meeting the programme is crucial to the Owner in view of commitment further to the
Customers.
 Raise the standards of HSE and QA&QC to meet International acceptable standards as per
Owner / assigned representative directives.
 Use of only proven methods, systems across the project.
 Ease of installation must be considered.
 Observation and abiding by all Statutory directives and regulations such as non-use of ground
water, obtaining of all permissions etc.
 Adaptable to developing technology without complicating it.
 The Owner is aiming for minimum risk for all processes and the Project as a whole
5.0 Scope of Works
In brief the overall Scope of Works comprise of the following including all temporary and
permanent works:
 Site Access including maintenance thereof
 Site Hoarding / Barricading and fencing
 Site Safety and Security
 General Excavation
 Shoring / soil retention / slope protection
 Construction of all 6 towers, as described earlier, including 4 levels of Basements. The
foundation system proposed is raft slabs with RCC construction for the entire structure.
 Complete Internal and external finishes
 All services
 All MEP works
 Recreational facilities
 External Works
 Landscaping
 Ancillary works
 Connection of service outside plot boundary to adjacent services
 Mock ups / Bench Marks as required
 Site offices

Phase V, Gurgaon
 Management of all sub contractors

 Management of QA & QC for all works including sub contractors
 Management of all Survey works – providing line and levels for all trades and services
including any sub-contractors
 Management of all HSE for all works including sub-contractors as per the directives of the
Owner or his assigned Representatives
 Preparation and coordination of all shop drawings and submittals for all works and trades
including sub-contractors
 Co-ordination of all works, trades, services including sub-contractors
 Providing Daily, Weekly and Monthly Reports as per the formats provided by the Owner /
his assigned Representatives
 Safekeeping and protection of all works
 Testing and Commissioning
 Snagging and Cleaning of all works as per the directives of the Owner or his assigned
Representatives
 Connection to Permanent Services
 Providing requisite information as required by the Owner
 Providing assistance to Owner or his assigned Representative during the execution of the
works
 Providing water, power, sanitation, labour welfare facilities on site for all trades, works
and sub-contractors
 Ensuring the labour housing and welfare facilities meet the standards specified by the
Owner / assigned representative
 Maintenance of all works and services during defects liability period (Maintenance
Period)
 Assisting Owner or his assigned representatives in handing over the facilities to Owner’s
Customers and rectification of any defects required.
 Final Clearing and making good of all surrounding areas
 Payment of all dues / fees etc. to all employees, sub-contractors whether employed
directly or indirectly including proof to safe guard the Owner.
 Abiding by all National / State / Local regulations and providing the Compliance proof and
certificates to Owner at periods requested
 Providing Owner access to all facilities / offices / work places / manufacturing units during
the execution of the Works and providing requisite assistance as may be required.
 Providing all bonds and guarantees as required by the Owner

Strategic Programme

The Crest Project
Activ Activity OD RD Start Finish 2013 2014 2015 2016

ID
A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J Jul A S O N D J F M A M J
1148 1096 08-Aug-12 A 31-May-16 31
The Crest
Overall 1148 1096 08-Aug-12 A 31-May-16 31
Design - Main Contract 75 37 08-Aug-12 A 11-Jan-13
Enabling Works & General Excavation 104 104 16-Feb-13 17-Jun-13
Main Contract - Overall 1018 1018 01-Mar-13 31-May-16
Main Contract - Basements 174 174 11-May-13 29-Nov-13
Main Contract - Structure 575 575 12-Oct-13 13-Aug-15
Main Contract - Finishes 741 741 01-Jan-14 13-May-16
Main Contract - T&C 80 80 29-Feb-16 31-May-16
Key Milestones 106 78 14-Aug-12 A 28-Feb-13 28-Feb-13, Key Milestones
DTCP Submission 0 0 14-Aug-12 A DTCP Submission,
MoEF Approval 0 0 15-Feb-13 MoEF Approval,
Complete MEPF Schematic Design 0 0 18-Dec-12 Complete MEPF Schematic Design,
Main Contract Out to Bid 0 0 28-Dec-12 Main Contract Out to Bid,
Show Apartment & Marketing Office Completed 0 0 30-Nov-12 Show Apartment & Marketing Office Completed,
Start Enabling Works & Gen Excavation 0 0 16-Feb-13 Start Enabling Works & Gen Excavation,
Main Contractor Appointed 0 0 28-Feb-13 Main Contractor Appointed,
Statutory Approvals 90 67 11-Sep-12 A 15-Feb-13 15-Feb-13, Statutory Approvals
BP Submission to DTCP 0 0 14-Sep-12 A BP Submission to DTCP, 14-Sep-12 A
Revised DTCP Submission 0 0 31-Oct-12 A Revised DTCP Submission,
BPAC Meeting 0 0 05-Nov-12 A BPAC Meeting, 05-Nov-12 A
BP Approval 0 0 30-Nov-12 BP Approval,
MoEF Data Preparation 12 0 11-Sep-12 A 27-Sep-12 A
MoEF Submission 0 0 27-Sep-12 A MoEF Submission, 27-Sep-12 A
MoEF Review & Approval 90 67 28-Sep-12 A 15-Feb-13
AAI Approval 0 0 18-Oct-12 A AAI Approval, 18-Oct-12 A
Utilities Connection 130 130 22-Aug-15 21-Jan-16 21-Jan-16, Utilitie
Water Connection 0 0 21-Nov-15 Water Connection,
Power Connection 0 0 21-Nov-15 Power Connection,
Sewage Connection 0 0 22-Aug-15 Sewage Connection,
TSE Connection 0 0 21-Nov-15 TSE Connection,
Telecomm Connection 0 0 21-Jan-16 Telecomm Conne
Design 106 54 31-Aug-12 A 31-Jan-13 31-Jan-13, Design
Architectural/ Structural 70 24 10-Sep-12 A 27-Dec-12 27-Dec-12, Architectural/ Structural
Detailed Design 70 24 10-Sep-12 A 27-Dec-12
MEP + Structural Proof 89 37 31-Aug-12 A 11-Jan-13 11-Jan-13, MEP + Structural Proof
MEP Design Start 0 0 31-Aug-12 A MEP Design Start, 31-Aug-12 A
Data Collection 5 0 31-Aug-12 A 05-Sep-12 A
Concept Design 12 0 10-Sep-12 A 16-Oct-12 A
Workshop 1 - CD 1 0 16-Oct-12 A 16-Oct-12 A
Concept Design Review 3 0 16-Oct-12 A 17-Oct-12 A
Concept Design Approval 0 0 30-Nov-12 Concept Design Approval,
Date Revision Checked Approved

Remaining Level of Effort
Actual Level of Effort
Milestone
summary
Main Contract - Tender Stage Prog
Actual Work Page 1 of 4
Remaining Work
Critical Remaining Work
The Crest Project

ID
Schematic Design 24 12 10-Oct-12 A 13-Dec-12
Workshop 2 - SD 1 1 14-Dec-12 14-Dec-12
Schematic Design Review 3 3 15-Dec-12 18-Dec-12
Schematic Design Approval 0 0 18-Dec-12 Schematic Design Approval,
Detailed Design 21 21 19-Dec-12 11-Jan-13
Landscaping 73 54 18-Oct-12 A 31-Jan-13 31-Jan-13, Landscaping
Main Site 73 54 18-Oct-12 A 31-Jan-13 31-Jan-13, Main Site
Concept Design 18 6 18-Oct-12 A 06-Dec-12
Concept Design Presentation 2 0 08-Nov-12 A 08-Nov-12 A
Concept Design Approval 0 0 08-Nov-12 A Concept Design Approval,
Schematic Design 24 12 09-Nov-12 A 13-Dec-12
Schematic Design Approval 3 3 14-Dec-12 17-Dec-12
Detailed Design 24 24 18-Dec-12 14-Jan-13
Detailed Design Approval 3 3 15-Jan-13 17-Jan-13
Tender Documents 18 18 11-Jan-13 31-Jan-13
Tender Documents - Main Contract 26 33 22-Oct-12 A 07-Jan-13 07-Jan-13, Tender Documents - Main Contract
Final Information Release 0 0 18-Dec-12 Final Information Release,
Prepare Tender Documents 15 18 22-Oct-12 A 20-Dec-12
Issue of Final Drawings & Documents 0 0 27-Dec-12 Issue of Final Drawings & Documents,
Completion of Tender Documents 0 0 27-Dec-12 Completion of Tender Documents,
Sets Preparation 3 3 25-Dec-12 27-Dec-12
Addendum 1 0 0 07-Jan-13 Addendum 1,
Procurement 116 99 01-Oct-12 A 25-Mar-13 25-Mar-13, Procurement
General Excavation + Enabling Works 67 67 30-Nov-12 15-Feb-13 15-Feb-13, General Excavation + Enabling Works
Prepare RFP 18 18 30-Nov-12 20-Dec-12
Float RFP 18 18 21-Dec-12 10-Jan-13
Bid Review 6 6 11-Jan-13 17-Jan-13
Award - General Excavation 0 0 15-Feb-13 Award - General Excavation,
Landscaping 45 45 01-Feb-13 25-Mar-13 25-Mar-13, Landscaping
Prepare RFP 12 12 01-Feb-13 14-Feb-13
Float RFP 18 18 15-Feb-13 07-Mar-13
Bid Review 12 12 08-Mar-13 21-Mar-13
Landscaping Bid Approval 3 3 22-Mar-13 25-Mar-13
Award - Landscaping Contract 0 0 25-Mar-13 Award - Landscaping Contract,
Main Contractor 95 78 01-Oct-12 A 28-Feb-13 28-Feb-13, Main Contractor
EOI & Prequalification 32 0 01-Oct-12 A 30-Nov-12 30-Nov-12, EOI & Prequalification
Tender 54 54 28-Dec-12 28-Feb-13 28-Feb-13, Tender
Out to Bid - Final Documents 0 0 28-Dec-12 Out to Bid - Final Documents, 28-Dec-12
Mid Bid Meeting 1 1 15-Jan-13 15-Jan-13
Tender Return 0 0 22-Jan-13 Tender Return,
Bid Review, Clarifications & Negotiations 15 15 23-Jan-13 08-Feb-13
Bid Placing Report 6 6 06-Feb-13 12-Feb-13
Final Negotiations 10 10 13-Feb-13 23-Feb-13
Milestone
summary
Remaining Work
The Crest Project

ID
Letter of Intent /Award 4 4 25-Feb-13 28-Feb-13
Contractor Appointed 0 0 28-Feb-13 Contractor Appointed,
Construction Phase 1096 1096 30-Nov-12 31-May-16 31
Site Offices 100 100 30-Nov-12 26-Mar-13 26-Mar-13, Site Offices
Construction Works 90 90 30-Nov-12 14-Mar-13
Move to Site Office 10 10 15-Mar-13 26-Mar-13
General Excavation+Enabling Works 104 104 16-Feb-13 17-Jun-13 17-Jun-13, General Excavation+Enabling Works
General Excavation & Enabling Works 104 104 16-Feb-13 17-Jun-13
Main Contract 1018 1018 01-Mar-13 31-May-16 31
Main Contract 1018 1018 01-Mar-13 31-May-16
Mobilization 104 104 01-Mar-13 29-Jun-13 29-Jun-13, Mobilization
Mobilization 104 104 01-Mar-13 29-Jun-13
Basement Structure 174 174 11-May-13 29-Nov-13 29-Nov-13, Basement Structure
Tower A - 38 floors - 150 apts 817 817 12-Oct-13 21-May-16 21-
Super Structure - A 525 525 12-Oct-13 16-Jun-15 16-Jun-15, Super Structure - A
Finishes - A 748 748 01-Jan-14 21-May-16 21-
MEP - A 642 642 01-Jan-14 19-Jan-16 19-Jan-16, MEP
Handing Over - A 72 72 29-Feb-16 21-May-16 21-
Tower B - 38 floors - 150 apts 774 774 30-Nov-13 20-May-16 20-
Tower B - Super Structure 515 515 30-Nov-13 23-Jul-15
Tower B - Finishes 690 690 08-Feb-14 22-Apr-16
Tower B - MEP 690 690 08-Feb-14 22-Apr-16
Tower B - Handing Over 72 72 27-Feb-16 20-May-16
Tower C - 38 floors- 149 apts 765 765 21-Dec-13 31-May-16 31
Tower C - Super Structure 515 515 21-Dec-13 13-Aug-15
Tower C - Finishes 690 690 01-Mar-14 13-May-16
Tower C - MEP 690 690 01-Mar-14 13-May-16
Tower C - Handing Over 60 60 23-Mar-16 31-May-16
Tower D - 27 floors - 104 apts 708 708 11-Jan-14 15-Apr-16 15-Apr-
Tower D - Super Structure 416 416 11-Jan-14 11-May-15
Tower D - Finishes 624 624 22-Mar-14 18-Mar-16
Tower D - MEP 624 624 22-Mar-14 18-Mar-16
Tower D - Handing Over 72 72 23-Jan-16 15-Apr-16
Tower E - 27 floors - 106 apts 696 696 01-Feb-14 22-Apr-16 22-Apr
Tower E - Super Structure 416 416 01-Feb-14 01-Jun-15
Tower E - Finishes 612 612 12-Apr-14 25-Mar-16
Tower E - MEP 612 612 12-Apr-14 25-Mar-16
Tower E - Handing Over 72 72 30-Jan-16 22-Apr-16
Tower F - 27 floors - 106 apts 684 684 22-Feb-14 29-Apr-16 29-Ap
Tower F - Super Structure 416 416 22-Feb-14 22-Jun-15
Tower F - Finishes 600 600 03-May-14 01-Apr-16
Tower F - MEP 600 600 03-May-14 01-Apr-16

Milestone
summary
Remaining Work
The Crest Project

ID
Tower F - Handing Over 72 72 06-Feb-16 29-Apr-16
Club House 624 624 03-May-14 29-Apr-16 29-Ap
Club House Structure 312 312 03-May-14 01-May-15
Club House Finishes 390 390 31-Jan-15 29-Apr-16
External Works 234 234 22-May-15 18-Feb-16 18-Feb-16, Ex
External Works 234 234 22-May-15 18-Feb-16
Landscaping 234 234 03-Jul-15 31-Mar-16 31-Mar-1
Landscaping 234 234 03-Jul-15 31-Mar-16
Project Close Out 183 183 31-Oct-15 31-May-16 31
Final T&C 156 156 31-Oct-15 29-Apr-16
Project Completion 0 0 31-May-16 Pr

Milestone
summary
Remaining Work
The Crest Project

ID
1148 1096 08-Aug-12 A 31-May-16 31
The Crest
Overall 1148 1096 08-Aug-12 A 31-May-16 31
Design - Main Contract 75 37 08-Aug-12 A 11-Jan-13
Enabling Works & General Excavation 104 104 16-Feb-13 17-Jun-13
Main Contract - Overall 1018 1018 01-Mar-13 31-May-16
Main Contract - Basements 174 174 11-May-13 29-Nov-13
Main Contract - Structure 575 575 12-Oct-13 13-Aug-15
Main Contract - Finishes 741 741 01-Jan-14 13-May-16
Main Contract - T&C 80 80 29-Feb-16 31-May-16
Key Milestones 106 78 14-Aug-12 A 28-Feb-13 28-Feb-13, Key Milestones
Statutory Approvals 90 67 11-Sep-12 A 15-Feb-13 15-Feb-13, Statutory Approvals
Utilities Connection 130 130 22-Aug-15 21-Jan-16 21-Jan-16, Utilitie
Design 106 54 31-Aug-12 A 31-Jan-13 31-Jan-13, Design
Procurement 116 99 01-Oct-12 A 25-Mar-13 25-Mar-13, Procurement
Construction Phase 1096 1096 30-Nov-12 31-May-16 31
Site Offices 100 100 30-Nov-12 26-Mar-13 26-Mar-13, Site Offices
General Excavation+Enabling Works 104 104 16-Feb-13 17-Jun-13 17-Jun-13, General Excavation+Enabling Works
Main Contract 1018 1018 01-Mar-13 31-May-16 31
Main Contract 1018 1018 01-Mar-13 31-May-16
Mobilization 104 104 01-Mar-13 29-Jun-13 29-Jun-13, Mobilization
Mobilization 104 104 01-Mar-13 29-Jun-13
Basement Structure 174 174 11-May-13 29-Nov-13 29-Nov-13, Basement Structure
Tower A - 38 floors - 150 apts 817 817 12-Oct-13 21-May-16 21-
Super Structure - A 525 525 12-Oct-13 16-Jun-15 16-Jun-15, Super Structure - A
Finishes - A 748 748 01-Jan-14 21-May-16 21-
MEP - A 642 642 01-Jan-14 19-Jan-16 19-Jan-16, MEP
Handing Over - A 72 72 29-Feb-16 21-May-16 21-
Tower B - 38 floors - 150 apts 774 774 30-Nov-13 20-May-16 20-
Tower C - 38 floors- 149 apts 765 765 21-Dec-13 31-May-16 31
Tower D - 27 floors - 104 apts 708 708 11-Jan-14 15-Apr-16 15-Apr-
Tower E - 27 floors - 106 apts 696 696 01-Feb-14 22-Apr-16 22-Apr
Tower F - 27 floors - 106 apts 684 684 22-Feb-14 29-Apr-16 29-Ap
Club House 624 624 03-May-14 29-Apr-16 29-Ap
External Works 234 234 22-May-15 18-Feb-16 18-Feb-16, Ex
Landscaping 234 234 03-Jul-15 31-Mar-16 31-Mar-1
Project Close Out 183 183 31-Oct-15 31-May-16 31

Milestone
summary
Main Contract - Tender Stage Prog L0
Remaining Work
The Crest Project

Main Contract – Contract Programme Work Breakdown Structure
 Overall Summary Activities

o Select Hammock Summary Activities
 Key Milestones
o Select Key Milestones
 Statutory Approvals
o Local
o State
o Central
 Utilities Connections
o Power
o Water
o Sewage
o Telecomm
o Road
o TSE
 Requirements from Owner
o List of Owner actions with dates – derived
o Information Release Dates for PC Sums / Provisional Sums
 Mobilization
o Key Staff
o Site Offices
o On Site Facilities
o Off Site Facilities
o Craneage
o RMC
o Labour Housing & Welfare facilities
o Water & Power
 Design / Engg / Submittals
o By discipline and trades – covering submittal, review and approvals
o Include Method Statements
o Include all material submittals
 Procurement
o Detailed including all materials / systems / equipment with detailed WBS by
discipline / trade
o Include
o Include all stages –
 Prepare RFP
 Float RFP
 Tender / quotation period
 Receive quotes
 Review quotes
 Negotiation period
 Place Order
 Manufacturing / Fabrication Period

The Crest Project

 Shipping / Transportation period
 Clearing / Customs
 Delivery at Site
 Construction
o Basements
 Structure
 Finishes
 MEP
 Specific Areas – Such as DG Rooms / Plant Rooms/ Tanks
 Other Areas with subdivisions
o Towers
 Separate for each tower
 Floor
 Ability to monitor room by room using EV System. Detailed breakdown
& monitoring in XL acceptable
 EV by trade across the project
o External Works
o Club House
o Misc Structures
o Landscaping
 Testing & Commissioning
o By system
o Stage wise
o Final T&C
 Snagging & Cleaning
o By Tower
o By Floor
 Handing Over
o By Tower
o By Floor
o By Areas
o Final Handing Over
 Demobilization

Section 2 - Instruction to Tenderers and Appendices

Section 2
2.1 - Instructions to Tenderers

Phase V, Gurgaon
INSTRUCTIONS TO TENDERERS
1. General
1.1. DLF City Developers Pvt. Ltd., hereinafter referred to as “The Owner” wish to enter into
a contact for the execution and completion of the works and remedying of all defects
therein, in accordance with the provisions of the contract of that portion of the project
identified as Package No. 3000 – Main Construction Contract for ‘The Crest’ Luxury
residential project at Zone 11 & 12, DLF Ph-V, Gurgaon.
1.2. Words and expression defined in the Conditions of Contract shall have the same
meanings where used in these Instructions.
1.3. The tenderer shall bear all costs incurred in the preparation and submission of the
Tender, including visits to the Site and other actions mentioned or implied in these
Instructions. The Owner shall be at liberty to request such additional information from
any or all of the tenderers after the Tenders have been submitted.
1.4. The Owner will not be responsible or liable for such costs, regardless of the conduct or
outcome of the tendering process. The Owner reserves the right to accept or reject any
tender, or to annul the tendering and reject all Tenders, without incurring liability to any
tenderer and without being obliged to inform any tenderer of the reasons for the
Owner’s action. The Owner shall also not be obliged to accept the lowest tender. The
Owner shall further have the right to negotiate with the tenderers or any of them on all
aspects of their respective Tenders including the pricing.
1.5. The tenderers are to treat this Tender and all Tender documents and any information
provided by the Owner as strictly confidential and not communicate their prices to a
third party, including their personnel except on a “need to know” basis or reveal
anything about it to the public or the press. For the purpose of negotiation the Owner
shall be at liberty to disclose the details of competing Tenders to any of the tenderers.
1.6. The pricing of the Tender including all rates and prices therein shall be in Indian
Rupees (INR.) and all payments to be made under the Contract shall be in Indian
Rupees.
2. Tender Documents
The Tender documents shall comprise of the following:
2.1.1. Volume I – Tender and Conditions Of Contract
2.1.2. Volume II – Technical Specification
2.1.3. Volume III – Bill of quantities.
2.1.4. Volume IV – Drawings
2.1.5. Volume V – Owner’s Requirements
Volume-I, Section 2, 2.1 Page 1 of 7

Phase V, Gurgaon
2.1.6. Volume VI – Project Procedures Manual
2.1.7. Volume VII – Other Documents
2.2. Tender documentation fee is not applicable.
3. The Tender Documents - Response
3.1. The tenderer shall be responsive to the complete set of Tender documents and any
addenda to the Tender documents issued to the tenderers. The tenderer shall
scrutinize each document immediately upon receiving it and shall promptly give notice
in writing, to the party who issued the document, of any pages which appear to be
missing.
3.2. The tenderer must carefully examine all Tender documents. Failure to comply with
these Instructions or with any other tendering requirements will be at the tenderer’s
risk.
3.3. If the tenderer requires any clarification of the Tender documents, he may give notice
to the Engineer as soon as practicable. The notice shall be written (which includes by
facsimile / electronic transmission) in the language for communication as stated in
Conditions of Contract, and addressed to:
Richard Day
Project Director
Mace Project and Cost Management Pvt. Limited, India
Mobile No. Richard: +91 8527462393, Sam Raman: +91 8588019189
E-mail: Richard.day@macegroup.com, Sampath.raman@macegroup.com
4. Site Visit
4.1. The tenderer is advised to visit and examine the Site, its surrounding and other parts of
the Country, and must obtain for himself on his own responsibility all information which
may be necessary for preparing the Tender and entering into a Contract.
4.2. The Owner shall not be bound by any oral representations which may be made during
a joint site visit, whether by the Engineer personnel or by others; and whether during a
formal meeting or otherwise. In order to minimise the possibility of misunderstanding,
tenderers should present any request for clarification in writing in accordance with
conditions of contract.
5. Preparation Of Tender
5.1. The Tender and all communications between the tenderer and the Owner or the
Engineer shall be typed or written in indelible ink in the language for communication as
stated in Conditions of Contract.
5.2. The Tender documents issued to the tenderer, including any amendments instructed in
an Addendum to Tender documents, shall be used without further amendment.

Phase V, Gurgaon
5.3. Any unauthorised alteration or amendment made to the Tender documents shall be
deemed to have no effect (unless authorised in writing by the Engineer) and the
original text shall be adhered to. For the avoidance of doubt, any alteration or
amendment made to the Tender documents and included in the acceptance of the
Tender shall be deemed not to be part thereof nor to be taken into consideration in the
interpretation or construction thereof (unless the alteration or amendment has been
authorised in writing and/or expressly stated in the Letter of Acceptance).
5.4. The tenderer shall price the whole of the Works, and submit a Tender, in accordance
with the Tender documents. A Tender which excludes part of the Works may be
rejected as unresponsive.
5.5. Each of the Appendices ( Schedule of Appendices ) shall be completed as appropriate.
5.6. The tender shall be accompanied by the following submittal documents which are
deemed to be part of the Tender. It is strongly emphasised that any tender not
accompanied by these documents, completed in a sufficiently comprehensive and
meaningful manner, may be rejected
5.6.1. Tender Addenda :
A copy of each Tender Addendum issued by the Engineer appropriately

endorsed by the Tenderer.
5.6.2. Site Visit :
The certificate stating that the Tenderer has visited the Site and accept the site
conditions and risk associated therewith and has no queries on any matter
concerning the Site.
5.6.3. Method Of Construction :
A detailed method statement reflecting the method of construction to clearly

identify the sequence of construction, the co-ordination of the works between
that of the Tenderer and other Nominated Sub Contractors and other factors to
provide the Owner and Engineer with sufficient detail to properly evaluate the
Tender proposal.
5.6.4. Tender Programme :
A tentative programme and time schedule covering all principal construction

activities to meet the relevant time for completion of the whole of the works or
any Sections of the Works prescribed in the Conditions of Contract.
5.6.5. Plant and Equipment :

Phase V, Gurgaon
A schedule reflecting all construction Plant and Contractor’s Equipment to be

used on the works, indicating the make, model, year of manufacture and
capacity of all major items of Plant and Contractor’s Equipment he proposes to
utilise.
5.6.6. Key Personnel :
The names, qualifications and experience of key personnel proposed for the
management of the Contract and the execution of the Works, both on and off
site, including curriculum vitae of the senior personnel;
5.6.7. Organisation Chart :
An Organisation chart detailing both the proposed “On Site” and “Off Site”
Organisation.
5.6.8. Man Power Schedule / Histogram :
A schedule of proposed man power for the entire duration of the Contract,
identifying that which it has currently available within his existing resource.
5.6.9. Design and Engineering Capabilities :
A detailed description of the design and engineering capabilities of the

Contractor.
5.6.10. Cash Flow Chart :
A cash flow chart forecasting the value of anticipated monthly payments the
Tenderer considers shall become due in terms of the contract.
5.6.11. Financial Status :
Details of the financial status with copies of audited balance sheet for the last
5 years.
5.6.12. Supply chain management ( Inclusive of procurement procedures, capabilities,

tracking etc. ) :
Details of the supply chain management capabilities which includes details of

procurement procedures, capabilities and tracking system followed by the
organisation.
5.6.13. Domestic Sub Contractors & Suppliers :
A schedule of all proposed Sub Contractors and Suppliers intended to be used

by the Contractor for the main contract works.
5.6.14. Nominated Sub Contractors & Suppliers :

Phase V, Gurgaon
A schedule of all proposed Sub Contractors and Suppliers intended to be used

by the Contractor for the Provisional and Prime Cost Sums Section of the Bill
Of Quantities, indication the element of work to be performed by each,
together with a copy of the Conditions of subcontract or purchase order, which
the Tenderer would propose for placing of the Contracts with such Nominated
Sub Contractors and Suppliers.
5.6.15. Schedule of Material Sources – Proposed Sources of local naturally occurring

materials :
Details of proposed source of local naturally occurring materials for the project.
5.6.16. Details Of Overhead & Profit :
Separate statements identifying the levels of overheads and profit that have
been incorporated within the compilation of the Tender price. The statements
shall be supported with sufficient evidence and calculation to verify that the
statements are correct.
5.6.17. Details Of Variations :
Separate break down of the proposed Overheads and the Profit, which if
applicable would be added to contract variations issued in terms of Conditions
of Contract.
5.6.18. Mark Up and Co-Ordination Fee For Nominated Sub Contractor Package :
Separate break down of the proposed Attendance & Coordination fee and
Overheads and the Profit for the Nominated Subcontractor’s Work.
5.6.19. Rate Break Down :
The Tenderer shall submit separate detailed rate breakdowns for items
contained within the Bill of Quantities, which have been specifically identified
separately in the Tender documents.
5.6.20. Statutory Compliances, Registration Details & Authorised Signatory :
Copies of all statutory compliance, Registration with various departments as

per requirement of the Laws of the Country. A statement giving the name(s) of
the Person(s) duly authorised to sign agreement on behalf of the Tenderer
Company, together with a notarised copy of the Power Of Attorney t sign on
behalf of the Company.
5.6.21. QA / QC Procedures :

Phase V, Gurgaon
Details of the proposed “Quality Assurance” and “Quality Control” procedures,

covering all aspects of the works to comply with recognised International
Standard.
5.6.22. HSE Policy :
Details of “Health & Safety” policy which shall remain in force for the duration
of the Contract and shall comply and take full account of the Owner’s
requirement” forming part of the Tender documents.
5.6.23. Alternative Proposal.
Any proposed alteration or amendment made to the Tender documents (where

no written authorisation by the Engineer has been given) shall be submitted as
an alternative offer(s) for the consideration of the Owner. The tenderer shall
submit the alternative offer(s) separately with the main offer, on a copy(ies) of
the Letter of Tender together with all information necessary for its complete
evaluation by the Owner, including any relevant drawings, calculations,
specifications, construction methods, timing implications, breakdown of prices,
and other details. The alternative offer(s) shall highlight all deviations or
divergence from the Tender documents. The Owner reserves the right to reject
alternative offer(s).
The acceptance of the Alternative Proposal proposed by the Tenderer shall be

at the sole discretion of the Owner and no claim for additional expenses
arising from the submission of such Alternatives
6. Submission Of Tender:
The Tender shall be submitted in Two separate Envelopes containing
1. Technical Proposal
2. Financial Proposal: Shall contain the BOQ and all the relevant commercial sections of the
Tender Document
6.1. The tenderer shall submit four sets of Hard copies marked ‘Original’ and Copy 1, 2
and 3 respectively, and four soft copies of the Tender comprising:-
6.1.1. The set of loose bound tender documents stamped and signed.
6.1.2. The set of tender drawings stamped and signed.
6.1.3. Bill of Quantities
6.1.4. All other volumes of the Tender Document shall be signed and stamped

Phase V, Gurgaon
6.1.5. Any additional information which they feel is relevant to and should be
submitted with their Tender,
in sealed envelopes marked:-
PRIVATE AND CONFIDENTIAL

TENDER FOR
PACKAGE NO. 3000 – THE CREST
AT ZONE 11 & 12, DLF PH-V, GURGAON, INDIA
To:-
Mr. Ravi S Kachru, Managing Director Projects

4th Floor, Gateway Tower
DLF City Phase 3
Gurgaon, Haryana 122002
6.2. The tender must be delivered to the address specified above no later than the time, on
the Tender submission date, stated in the Invitation.
6.3. The Tender shall be signed by a person or persons duly authorised to bind the
tenderer. Proof of authorisation, in the form of a written power of attorney, shall be
annexed to the Letter of Tender. All pages of the Annexure to Tender and Schedules
where entries or amendments have been made shall be initialled by the person(s)
signing the Letter of Tender.
7. Validity Of Tender
7.1. The Tender shall remain valid and open for acceptance for the period of 90 (Ninety)
days from the Last Tender submission date. The owner at his sole discretion may
extend the validity for a further period of 30 days. Prior to this expiry date the Owner
may by written notice request the tenderer to extend the validity period. The tenderer
may refuse the request, but shall not modify his Tender other than by extending its
validity.

Section 2
2.2 - Appendices to Instructions to Tenderers

Phase V, Gurgaon
Section – 2.2
Contents
List of Appendices
Appendix A - Tender Addenda
Appendix B – Site Visit
Appendix C - Method of Construction
Appendix D – Tender Programme
Appendix E – Plant and Equipment
Appendix F-1 – Key Personnel
Appendix F-2 – Organisation Chart
Appendix F-3 – Manpower Schedule
Appendix G – Cash Flow Chart
Appendix J1 – Proposed Domestic Sub-contract and Suppliers
Appendix J2 – Nominated Sub-contract and Suppliers
Appendix K – Details of Overhead and Profit
Appendix L – Details of Variations
Appendix M – Mark up & Coordination Fee for Nominated Subcontract Packages
Appendix N – Rate Breakdowns
Appendix O – Statutory Compliances Registration Details Authorised Signatory
Appendix P – Quality Assurance/Quality Control Procedures
Appendix Q – Health and Safety Policy
Appendix R – alternative Tenders Offers

Phase V, Gurgaon
APPENDIX A – Tender Addenda
The Tenderer confirms that the Tender Addenda listed below have been incorporated in the Tender
Price.
1) ..................................................................................................
2) ..................................................................................................
3) ..................................................................................................
4) ..................................................................................................
5) ..................................................................................................
6) ..................................................................................................
Signed: __________________________
Duly authorised to sign

For and on behalf of : __________________________
Date: __________________________
____________________________________________________________________________

Phase V, Gurgaon
Appendix B – Site Visit
We hereby confirm that we have inspected the site and accept the Site condition and the risks
associated therewith and have no outstanding queries on any matters concerning the Site.
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix C- Method of Construction
The Tenderer shall detail his proposed method of construction which shall clearly define the sequence
of construction events, the co-ordination of the works and all other factor of provide the Owner’s
Representative and engineer with the opportunity to properly evaluate the Tender’s proposal.
___________________________________________________________________
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix D- Tender Programme
The Tenderer shall submit with his Tender an overall programme and time schedule covering all
principal construction events, and where appropriate commissioning, acceptance tests, and handing
over the work to meet the times as set out in the Project Master Programme.
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix E – Plant and Equipment.
The Tenderer shall detail below the make, model and year of manufacture of the major key items of
plant and equipment he proposes to utilise during the carrying out of the Works, identifying separately
those, which he has currently available within his existing resources.
Model and year of

Description Make Manufacture Present Location No. of units
1) ..................................................................................................
2) ..................................................................................................
3) ..................................................................................................
4) ..................................................................................................
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix F-1 Key Personnel
The Tenderer shall detail the names and qualifications of the key personnel who shall be responsible
for the Works, These details shall include qualification, relevant experience and current position held
within the Tender’s organisation
1) Project Director
2) Project Manager
3) Cost Management Resource
4) Senior Quantity Surveyor
5) Procurement Manager
6) Planning Engineer(Primavera P3 Proficient)
7) Construction Manager
8) Senior MEP Service Coordination Manager
9) Logistics Manager
10) Section Engineer
11) Quality Manager
12) Health and Safety Manager
13) others
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix F-2 Organisation Chart
The Tenderer shall detail and submit his “Organisation Chart” which shall identify both his proposed on
site organisation.
(Note: Additional pages may be added by the Tenderer, if required).
___________________________________________________________________
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix F-3 Manpower Schedule
The Tenderer shall detail and submit his proposed manpower for the entire duration of the project.
(Note : Additional pages may be added by the Tenderer,If required).
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix G – Cash Flow chart
The Tenderer shall submit with his Tender a cash flow chart forecasting the value of anticipated
monthly payments the Tenderer considers shall become due in terms of the Contract.
___________________________________________________________________
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix J1- Proposed Domestic Sub-contractor and Suppliers
The Tenderer shall submit a schedule of all proposed Domestic Subcontractor and Suppliers, intended
to be used for elements of work, indicating the element of work to be performed by each.
( Note: Additional pages may be added by the Tenderer, If required).
___________________________________________________________________
Name of proposed Sub-Contractor Elements of work Approximate Value
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix J2 - Nominated Sub- Contractors and Suppliers
The Tenderer shall submit for the approval of the Owner’s Representative and engineer the names of
all specialist contractors and supplier covered by the provisional or Prime Cost Sums section of the Bill
of Quantities, the proposes to use during the execution of the Works, together with a statement of the
work to be executed by each of these specialist contractors.

___________________________________________________________________
Name of proposed Sub-Contractor Elements of work Approximate Value
___________________________________________________________________
Signed : __________________________

Date : __________________________

Phase V, Gurgaon
___________________________________________________________________
Appendix K - Details of Overheads and Profit
The Tenderer shall submit separate statements identifying the level of overheads and of profit that have
been incorporated within the compilation of the Tender Price.
The statements shall be supported with sufficient evidence and calculation to verify that the statements
are correct.
___________________________________________________________________
Overhead -
Profit -
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix L- Details of Variations
The Tenderer shall submit with his Tender separate details of the Overheads and the Profit, which if
applicable would be added to contract variations issued in terms of Clause 51 of the General Conditions
of Contract.
___________________________________________________________________
Overhead -
Profit -
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix M – Mark up & Coordination fee for Nominated Sub Contract Packges.
Refer details Attendance & Co-ordination in the Volume II – Bill Section and provide % charges for the
same.
__________________________________________________________________
Attendance & Coordination Fee
Overhead & Profit.
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix N- Rate Breakdowns
The Tenderer shall submit separate detailed rate breakdowns for items contained within the Bill of
Quantities, which have been specifically identified separately in the Tender documents.
(Note: Additional pages may be added by the Tenderer, If required).
___________________________________________________________________
___________________________________________________________________
Signed: __________________________

Date: __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix O- Statutory Compliances Registration details Authorised Signatory
The Tenderer shall submit a copy of his current valid Statutory compliance certificate, Registration,
Power of Attorney for the designated Authorised Signatory
___________________________________________________________________
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix P – Quality Assurance/Quality Control Procedures
The Tenderer shall comply with the Contractors Quality Assurance and quality Control Procedures,
covering all aspects of the construction of the works, which shall comply with recognised international
standards.
___________________________________________________________________
___________________________________________________________________
Signed: __________________________

For and on behalf of: __________________________
Date: __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix Q – Health and Safety Policy
The Tenderer shall submit the details of his Health and Safety Policies to be a adopted for the duration
of the works and shall comply with and take account of the Owner’s Requirements forming part of these
Tender Documents.
___________________________________________________________________
___________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________

Phase V, Gurgaon
Appendix R- Alternative Tenders Offers
Pursuant to the Instruction to Tenderers, the Tenderer shall submit details of any alternative Tender
Offers. Such alternatives must be detailed in accordance with the noted clause.
___________________________________________________________________
___________________________________________________________________________
Signed : __________________________

Date : __________________________
___________________________________________________________________________

Section 3 - Form of Tender

Phase V, Gurgaon
FORM OF TENDER
To
DLF City Developers Pvt. Limited
4th Floor, Gateway Tower
DLF City Phase 3
Gurgaon, Haryana 122002
Project:
The Crest – Luxury Residential Project in DLF City
Phase V, Gurgaon
Package No. 3000 – Main Construction Contract
Sir/s,
1. We have examined the Conditions of Contract, Specification, Drawings, Sections, the other
Schedules, the attached Annexure to Tender and other Appendices for the execution of the
above-named Works. We offer to execute and complete the Works and remedy any defects
therein in conformity with this Tender which includes all these documents as follows:
For completion of the whole of the Works within your set Time for Completion __________
Months only from the Commencement Date in accordance with the Conditions of Contract.
2. We agree that should any discrepancy occur between the amounts written in words and in
figures entered upon the Letter of Tender, the amount written in words will be used.
3. We undertake if our Tender is accepted to commence the Works on the date or dates specified
in the Owner’s Letter of Acceptance and if there is no such date or dates then as soon as is
reasonably possible after the receipt of an order to that effect from the Engineer and to
complete the whole of the Works in accordance with the above-named documents within the
Time for Completion.
4. We agree to abide by this Tender for the period of 90 days the date fixed for the submission and
at the Employer's discretion a further 30 days and it shall remain binding upon us and may be accepted
at any time before the expiration of that period.
5. We acknowledge that the Appendices to Tender forms part of this Letter of Tender.
6. If this offer is accepted, we will, within 7 days after receiving the Letter of Acceptance or such
other period as may be otherwise specified in the Contract, provide you a Performance
Security in the form specified in the Contract, for an amount equal to 5 % of the Accepted
Contract Amount valid until expiry of three months after the maintenance period or until the
issuance of the maintenance certificate , whichever is later.
7. We agree to derive the optimal Contract Structure to maximise cost benefit jointly with the
Owner.

Phase V, Gurgaon
8. We agree that should any arithmetical or obvious pricing errors be discovered before
acceptance of this offer in the priced Tender documents submitted by us, then these errors be
corrected in order that the corrected total of the final summary equates with the amount entered
upon the Letter of Tender in accordance with the following procedure:
The nett total of such errors, whether a nett addition or nett omission, will be calculated as a
percentage of the corrected total of the final summary after deducting provisional sums and all
unit rates and prices throughout the Sections shall be considered as reduced or increased, as
the case may be, by such percentage.
9. Unless and until a formal Agreement is prepared and executed this Letter of Tender, together
with your written acceptance thereof, shall constitute a binding contract between us.
10. We understand that you are not bound to accept the lowest or any tender you may receive. We
understand that you shall have the right to negotiate with us or any of the other tenderers on all
aspects of our respective Tenders. We also understand that for the purpose of negotiation you
shall be at liberty to disclose the details of our Tender to any of the other tenderers.
Dated this ......................................... day of .....................................................
Signature: ............................................................... in the capacity of
............................................................. duly authorised to
sign tenders for and on behalf of ......................................
Address: ...........................................................................................
...........................................................................................
Witness: ...........................................................................................
Address: ...........................................................................................
...........................................................................................
Occupation: ...........................................................................................

Section 4 - Conditions of Contract

Section 4
Part I - General Conditions of Contract

Phase V, Gurgaon
GENERAL CONDITIONS OF CONTRACT
FOR
LUMP SUM CONTRACTS
C O N T E N T S
DEFINITIONS AND INTERPRETATIONS
1.0 DEFINITIONS
2.0 INTERPRETATION
3.0 COMMUNICATIONS
4.0 LAW AND LANGUAGE
5.0 DUTIES OF ENGINEER, ARCHITECT AND CONSULTANT
ASSIGNMENT AND SUB-LETTING
6.0 ASSIGNMENT
7.0 SUB-LETTING/ SUB-CONTRACTING
8.0 SPECIALIST AGENCIES
GENERAL OBLIGATIONS
9.0 CONTRACTOR’S GENERAL RESPONSIBILITES
Volume-I, Section 4, Part I Page 1 of 219

Phase V, Gurgaon
DOCUMENTS
10.0 DOCUMENTS
11.0 DRAWINGS
12.0 CONTRACT AGREEMENT
13.0 CONTRACTOR’S DESIGNS & MANUFACTURERS
CATALOGUES
14.0 CONTRACTOR TO PREPARE “AS-BUILT” DRAWINGS
15.0 PERFORMANCE BOND
16.0 RETENTION MONEY
17.0 INTEREST
18.0 INSPECTION OF SITE
19.0 SUFFICIENCY OF TENDER
20.0 WORK TO THE SATISFACTION OF ENGINEER
21.0 PROGRAMME EVALUATION AND REVIEW
22.0 CONTRACTOR'S SUPERVISION
23.0 SITE LAYOUT
24.0 SITE OFFICES
25.0 PHOTOGRAPHS
26.0 SITE DRAINAGE
27.0 SITE ORDER BOOK
28.0 SETTING OUT
29.0 SECURITY AND LIGHTING
30.0 CARE OF WORKS
31.0 NOTICES AND FEES
32.0 FOSSILS
33.0 INTERFERENCE WITH TRAFFIC AND ADJOINING
PROPERTIES

Phase V, Gurgaon
34.0 COOPERATION WITH OTHER CONTRACTORS

35.0 CONTRACTOR TO KEEP SITE CLEAR
36.0 CLEARANCE OF SITE ON COMPLETION
37.0 PATENT RIGHTS
38.0 LABOUR HUTS
39.0 BOOKS AND RECORDS
40.0 RELEASE OF INFORMATION
INSURANCES
41.0 INSURANCE OF WORKS AND CONTRACTOR’S EQUIPMENT

42.0 THIRD PARTY INSURANCE
43.0 INSURANCE AGAINST ACCIDENT OF INJURY TO
WORKERS
44.0 REMEDY ON CONTRACTOR’S FAILURE TO INSURE;
WAIVER OF SUBROGATION.
LABOUR
45.0 ENGAGEMENT OF LABOUR

46.0 RETURNS OF LABOUR
MATERIALS AND WORKMANSHIP
47.0 QUALITY OF MATERIALS AND WORKMANSHIP

48.0 TESTING OF MATERIALS
49.0 QUALITY CONTROL
50.0 INSPECTION OF OPERATIONS

Phase V, Gurgaon
51.0 SAMPLES FOR COMPARISON AND COMPLIANCE PURPOSES

52.0 EXAMINATION OF WORK BEFORE COVERING UP
53.0 REMOVAL OF IMPROPER WORK AND MATERIALS
COMMENCEMENT, DELAYS AND COMPLETION
54.0 COMMENCEMENT OF WORKS

55.0 POSSESSION OF SITE
56.0 TIME FOR COMPLETION
57.0 EXTENSION OF TIME
58.0 NO NIGHT OR SUNDAY WORK
59.0 RATE OF PROGRESS
60.0 SUSPENSION OF WORK
61.0 COMPLETION CERTIFICATE
62.0 LIQUIDATED DAMAGES/COMPENSATION FOR DELAY
PLANT, TEMPORARY WORKS AND MATERIALS
63.0 CONTRACTOR TO SUPPLY ALL PLANT, LADDERS,

SCAFFOLDING ETC.
64.0 MATERIALS, PLANT,ETC. EXCLSUIVE USE FOR THE
WORKS
ALTERATIONS, ADDITIONS AND DELETIONS
65.0 VARIATION
66.0 MAXIMUM VARIATIONS
67.0 CLAIMS

Phase V, Gurgaon
CERTIFICATE AND PAYMENTS
68.0 VALUATION
69.0 WORKS TO BE MEASURED
70.0 METHOD OF MEASUREMENT
71.0 MOBILISATION ADVANCE
72.0 CERTFICATE NOT TO AFFECT CONTRACTOR’S
LIABILITY
73.0 INTERIM BILLS
74.0 FINAL BILLS
75.0 PRICE ESCALATION
MAINTENANCE AND DEFECTS

76.0 MAINTENANCE PERIOD
77.0 RECTIFICATION OF DEFECTS/REPAIRS
78.0 MAINTENANCE CERTIFICATE
79.0 SAFETY PROCEDURE
FORECLOSURE AND DETERMINATION OF CONTRACT

80.0 FORECLOSURE OF CONTRACT
81.0 DEFAULT OF CONTRACTOR
82.0 CHANGE IN CONSTITUTION
TAXES, DUTIES, INDEMNITIES AND GUARANTEES
83.0 TAXES AND DUTIES

84.0 INDEMNITIES
85.0 BONDS AND GUARANTEES

Phase V, Gurgaon
86.0 MISSING MINOR DETAILS OF CONSTRUCTION

87.0 ELECTRICITY
88.0 WATER SUPPLY
89.0 URGENT REPAIRS
90.0 USE OF COMPLETED PORTIONS
91.0 FORCE MAJEURE

92.0 PERSONAL LIABILITY
93.0 NON WAIVER OF DEFAULTS
94.0 TECHNICAL EXAMINATION /AUDIT
95.0 ENVIRONMENT PROTECTION
96.0 INDUCEMENT AND COLLUSION

97.0 SERVICE OF NOTICES ON CONTRACTOR
98.0 CONFIDENTIAL INFORMATION OR CONFIDENTIALITY
99.0 FULL EFFECT TO THE CONTRACT PROVISIONS
100.0 LAWS GOVERNING THE CONTRACT
ARBITRATION
101.0 ARBITRATION
102.0 PROVISIONAL SUMS

103.0 PRE-COMMISSIONING TESTS AND TRIAL OPERATIONS
104.0 PERFORMANCE TESTS
105.0 APPROVAL FROM AUTHORITIES

Phase V, Gurgaon
106.0 FINAL ACCEPTANCE

107.0 NOMINATED SUB-CONTRACTORS
108.0 SEVERABILITY
109.0 SURVIVAL
APPENDICES
APPENDIX ‘A” - Appendix to General Conditions of Contract

APPENDIX ‘B’ – Contract Agreement Format
APPENDIX ‘C’ – Bank Guarantee for Contract Performance
Appendix ‘D’- Bank Guarantee for Mobilization Advance
Appendix ‘E – Bank Guarantee for Release of Retention
Money
Appendix ‘F’- Certificate of Compliance for Labour Laws
Appendix ‘G’- Deed of Indemnity for Labour Law
Compliances
Appendix ‘H’ – Waterproofing Performance Guarantee
Certificate by Contractor
Appendix ‘J’ – Waterproofing Performance Guarantee by
Product Manufacturer
Appendix ‘K’ - Structural Quality Certificate
Appendix ‘L’ - No Claims Certificate
Appendix ‘M’ - Certificate of Compliance for Health,
Safety and Environment
Appendix ‘N’ - Structural Stability Certificate

Phase V, Gurgaon
DEFINITIONS LISTED ALPHABETICALLY
1.27 Applicable Law 1.22 Maintenance Period

1.19 Approved 1.21 Month
1.5 Architect 1.1 Owner
1.9 Architect’s Representative 1.7 Owner’s Representative
1.25 Bill of Quantities 1.33 Party
1.31 Commencement Date 1.30 Performance Bond
1.28 Completion Certificate 1.14 Permanent Works
1.24 Confidential Information 1.26 Project
1.12 Constructional Plant 1.32 Retention Money
1.6 Consultant 1.29 Section
1.10 Contract 1.18 Site
1.34 Contract Agreement 1.16 Specifications
1.11 Contract Price 1.3 Sub - Contractor
1.2 Contractor 1.15 Temporary Works
1.17 Drawings 1.37 Time for Completion
1.4 Engineer 1.35 Variation
1.8 Engineer’s Representative 1.13 Works
1.36 Letter of Intent 1.20 Writing
1.23 Maintenance Certificate

Phase V, Gurgaon
GENERAL CONDITIONS OF CONTRACT
DEFINITIONS AND INTERPRETATIONS
1.0 DEFINITIONS
In the Contract the following words and
expressions shall have the meanings hereby
assigned to them, except where the context
otherwise requires or permits:
1.1 "Owner" means, DLF LIMITED, a Company

registered under the Companies Act 1956 having
its registered office at Shopping Mall, Arjun
Marg, DLF City, Phase-I, Gurgaon-122002,
Haryana and Head Office at DLF Centre, Sansad
Marg, New Delhi-110 001 and includes its
successors, permitted assigns and its
authorised representatives.
1.2 "Contractor" means the person or persons, firm

or Company whether incorporated or not,
employed as Contractor by the Owner for
undertaking the Works as described in
Appendix-A and shall include the Contractor’s
legal and authorized representatives,
successors and legal heirs but not any
assignee.

Phase V, Gurgaon
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1.3 "Sub-Contractor" means the person or persons,

firm or Company to whom any part of the Works
has been sub-contracted by the Contractor
after obtaining the written consent of the
Owner’s Representative and includes the Sub-
Contractor’s legal and authorized
representatives, successors and legal heirs
but not any assignee.
1.4 "Engineer" means the Project Manager or such

person(s) or firm appointed from time to time
by the Owner and notified in writing to the
Contractor by the Owner’s Representative in
this regard, to act as the Engineer for the
purposes of the Contract.
1.5 "Architect” means such person(s) or firm as

the Owner shall nominate and notify for that
purpose, from time to time, in writing to the
Contractor.
1.6 “Consultant” means such person(s)/specialist

or firm as the Owner’s Representative shall
nominate and notify in writing, from time to
time, to the Contractor for the purpose of
obtaining
Drawings/Designs/Specifications/Technical

Phase V, Gurgaon
11
Advice.
1.7 "Owner's Representative" means a person,

officer or specialist nominated and notified
in writing to the Contractor by the Owner to
act on his behalf, for the purpose of this
Contract.
1.8 "Engineer's Representative" means a person,

officer or specialist nominated and authorised
by the Engineer to act on his behalf, for the
purpose of this Contract.
1.9 "Architect’s Representative" means the person

or firm as notified by the Owner’s
Representative from time to time, for the
purpose of this Contract. There may be a
number of Architect’s Representatives for
varying purposes. The Architect’s
Representative shall be responsible to the
Architect.
1.10 "Contract" means the documents forming the

tender and acceptance thereof and the Contract
Agreement between the Owner and the Contractor
if executed together with the documents
referred to therein including the Terms and

Phase V, Gurgaon
12
Conditions, General and Special,

Specifications, Designs, Drawings, Bill of
Quantities, joint site inspection report and
possession receipt and all these documents
taken together shall be deemed to form one
Contract and shall be complementary and
cumulative, and what is called for by one
shall be as binding as if called for by all.
1.11 "Contract Price" means the fixed lump sum

price stated in the Contract Agreement for
execution and completion of Works and
remedying of any defects, including
Provisional Sums and adjustments (if any) in
accordance with the provisions of the
Contract.
1.12 “Constructional Plant" means all plant, tools,

tackles, appliances or equipment, implements,
scaffolding of whatever nature required for
the execution of the Works but does not
include materials, equipment’s, or other
things intended to form part of the Permanent
Works.
1.13 “Works" means the Permanent Works and the

Temporary Works, or either of them as
appropriate.

Phase V, Gurgaon
13
1.14 “Permanent Works” means the permanent works to

be executed by the Contractor under the
Contract
1.15 "Temporary Works" means all temporary works of

every kind (other than Constructional Plant)
required on Site for the execution and
completion of the Permanent Works and
remedying of any defects.
1.16 "Specifications" means the specifications and

standards relating to the quality, capacity
and other requirements for the Project as set
forth in this Contract and any modifications
thereof, or addition thereto as may from time
to time be furnished or approved in writing by
the Engineer/Owner’s Representative.
1.17 "Drawings" means the drawings of the Works as

included in the Contract, and any additional
and modified drawings issued by the Engineer
in accordance with the Contract.
1.18 "Site" means the land(s) and other places on,

under, in or through which the Works are to be
executed or carried out, any other lands or
places provided by the Owner or used for the
purposes of the Contract.

Phase V, Gurgaon
14
1.19 ”Approved" means approved in writing by the

Engineer/Owner’s Representative including
subsequent written confirmation of previous
verbal approval and "approval" means approval
in writing including as aforesaid.
1.20 "Writing" means any manuscript, typewritten or

printed statement, under or over signature
and/or seal as the case may be and it excludes
any electronic communication.
1.21 "Month" means English Calendar month. "Day"

shall mean a calendar day of 24 hours each.
1.22 “Maintenance Period” means the period for

notifying defects in the Works or a Section (as
the case may be) by the Engineer and/or the
Owner’s Representative under Clause 76.0.
1.23 “Maintenance Certificate” means the certificate

issued under Clause 78.0
1.24 “Confidential Information” or “Confidentiality”

means as described in Clause 98.

Phase V, Gurgaon
15
1.25 “Bill of Quantities” means the itemized

breakdown of the Contract Price forming part of
the Contract and including any modifications
thereto made under the Contract. The quantities
specified in the Bill of Quantities are
indicative and are not intended to represent an
accurate quantification of the Works whether
for ordering materials, actual execution on
Site or otherwise, for which the primary
reference shall be the Drawings and
Specifications. Nevertheless the Bill of
Quantities shall be used for valuation of
Variations.
1.26 “Project” means the scope of work as covered by

the Contract or to which this Contract applies
and any amendment thereof.
1.27 “Applicable Law” means all laws in force and

effect as of the date hereof and which may be
promulgated or brought into force and effect
hereinafter in India, state law or any other
district, municipal byelaws, including
judgments, decrees, injunctions, writs, orders
of any court or notifications issued by
appropriate authorities, as may be in force and
effect during the term of this Contract.

Phase V, Gurgaon
16
1.28 “Completion Certificate” means a certificate

issued under Clause 61.0
1.29 “Section” means a part of the Works specified

in Appendix ‘A’ as a Section (if any)
1.30 “Performance Bond” means the security (or

securities, if any) under Clause 15.0
1.31 “Commencement Date” means the date of

commencement of Works as defined under Clause
54.0
1.32 “Retention Money” means the accumulated

retention moneys which the Owner retains under
Clause 16.0.
1.33 “Party” means the Owner or the Contractor, as

the context requires and permits and “Parties”
mean both of them.
1.34 “Contract Agreement” means the contract

agreement referred to in Clause 12.0.
1.35 “Variation” means any change to the Works,

which is instructed or approved as a variation

Phase V, Gurgaon
17
under Clause 65.0
1.36 “Letter of Intent” means the indicative terms

relating to the value of Contract and other
terms and conditions.
1.37 “Time for Completion” means the time for

completing the Works or a Section (as the case
may be) under Clause 56.0, as stated in
Appendix A, with any extension under Clause
57.0, calculated from the Commencement Date.
2.0 INTERPRETATION
2.1 Interpretation In this Contract, unless the
context otherwise requires;
2.1.1 Any reference to a statutory provision shall

include such provision as is from time to time
modified or re-enacted or consolidated so far
as such modification or re-enactment or
consolidation applies or is capable of applying
to any transactions entered into hereunder.
2.1.2 References to Applicable Law shall include the

laws, acts, ordinances, rules, regulations,
notifications, guidelines, or byelaws which
have the force of law in any State or Union
Territory forming part of the Union of India

Phase V, Gurgaon
18
which are in force at the date of signing this

Contract or are reasonably foreseeable as
likely to have the force of law during the
currency of the Contract.
2.1.3 The words importing singular shall include

plural and vice versa, words importing
masculine gender shall include feminine gender
and vice versa and words denoting natural
persons (any gender) shall include
partnerships, firms, companies, corporations,
joint ventures, trusts, associations,
organisations or other entities (whether or not
having a separate legal entity).
2.1.4 The headings are for convenience of reference

only and shall not be used in, and shall not
affect, the construction or interpretation of
this Contract.
2.1.5 The terms and words beginning with capital

letters and defined in this Contract shall have
the meaning ascribed thereto herein and the
terms and words defined in the Schedules and
used therein shall have the meaning ascribed
thereto in the Schedules;

Phase V, Gurgaon
19
2.1.6 The words “include” and “including” are to be

construed without limitation.
2.1.7 Reference to “construction” include, unless the

context otherwise requires, procurement,
delivery, transportation, installation,
processing, fabrication, testing,
commissioning, and other activities incidental
to the construction.
2.1.8 Any reference to any period of time shall mean

a reference to that according to Indian
Standard Time.
2.1.9 Any reference to day shall mean a reference to

an English calendar day.
2.1.10 Any reference to month shall mean a reference

to an English calendar month.
2.1.11 The Schedules, Annexure and Appendices to this

Contract form an integral part of this Contract
and will be in full force and effect as though
they were expressly set out in the body of this
Contract. Terms defined in the Schedules,
Annexure and Appendices shall have the same
meaning throughout the Contract.

Phase V, Gurgaon
20
2.1.12 Any reference at any time to any agreement,

deed, instrument, license or document of any
description shall be construed as reference to
that agreement, deed, instrument, license or
other document as amended, varied,
supplemented, modified or suspended at the time
of such reference.
2.1.13 References to Recitals, Clauses, Sub-Clauses,

Paragraphs, Appendices, Annexures or Schedules
in this Contract shall, except where the
context otherwise requires, be deemed to be
references to Recitals, Clauses, Sub-Clauses,
Paragraphs, Appendices, Annexures and Schedules
of this Contract.
2.1.14 Any agreement, consent, approval,

authorisation, notice, communication,
information or report required under or
pursuant to this Contract from or by any Party
or Engineer shall be valid and effectual only
if it is in writing under the hands of duly
authorised representative of such Party or
Engineer, as the case may be, in this behalf
and not otherwise. No e-mails shall form a part
of authorised communication.

Phase V, Gurgaon
21
2.1.15 Unless otherwise stated, any reference to any

period commencing “from” a specified day or
date and “till” or “until” a specified day or
date shall include either such days or dates.
2.1.16 Each and every clause in this Contract should

be read harmoniously with the entire Contract
and not separately and in isolation.
2.2 Measurements and Arithmetic Conventions
All measurements and calculations shall be in

metric system and calculations done to 2
decimal places, with the third digit of 5 or
above being rounded up and that below 5 being
rounded down and shall be in accordance to
Legal Metrology Act, 2009.
3.0 COMMUNICATIONS
Wherever these Conditions provide for the giving

or issuing of approvals, certificates, consents,
determinations, notices and requests, these
communications shall be:
(a) In writing and delivered by hand (against

receipt), sent by registered post or courier.;
Communications through electronic transmission

Phase V, Gurgaon
22
shall not be considered valid. However, for the

avoidance of doubt, the PDF transmittal via the
electronic communication of the above documents
shall be accepted, subject to transmission of
the original document within a reasonable
period. Direct e mail communication shall not
be accepted; and
(b) Delivered, sent or transmitted to the address

for the recipient's communications as stated in
the Contract. However:
(i) if the recipient gives notice of another
address, communications shall thereafter be
delivered accordingly; and
(ii) If the recipient has not stated otherwise

when requesting an approval or consent, it may
be sent to the address from which the request
was issued.
Approvals, certificates, consents and

determinations shall not be unreasonably
withheld or delayed.
4.0 LAW AND LANGUAGE

The Contract shall be governed by the Applicable
Law.

Phase V, Gurgaon
23
If there are versions of any part of the

Contract which are written in more than one
language, the version which is in the English
language shall prevail.
5.0 DUTIES OF ENGINEER, ARCHITECT AND CONSULTANT
5.1 DUTIES OF ENGINEER

The Engineer shall carry out such duties in
issuing, decisions, certificates and orders as
are specified in or are implied from the
Contract and such additional functions as may
be assigned to him by the Owner from time to
time. The Engineer shall co-ordinate, observe
and supervise the Works and examine the
quality, quantity and Specifications of the
materials to be used and the workmanship
employed in connection with the Works.
Provided always that:
5.1.1 Failure of the Engineer to disapprove any work

or materials which are not as per
Specifications and/or Drawings shall not
prejudice the power of the Owner’s
Representative thereafter to disapprove such
work or materials.

Phase V, Gurgaon
24
5.1.2 Any approval, check, certificate, consent,

examination, inspection, notice, proposal,
request, test or similar act by Engineer
(including absence of approval) shall not
relieve the Contractor from any
responsibility, including responsibility for
errors, omissions, discrepancies and non-
compliances.
5.1.3 The Engineer shall have no authority to amend

the Contract.
5.2 DUTIES OF ENGINEER’S REPRESENTATIVE
5.2.1 The Engineer may from time to time nominate

assistants to carry out duties assigned by
him, subject to the right of Engineer to
revoke/ cancel such nomination in writing at
any time. Nomination of such representatives
shall not prejudice the powers of the Engineer
and in no way shall be construed as a
delegation of his authority and /or
accountability.
5.3 DUTIES OF ARCHITECT AND CONSULTANT
5.3.1 The Architect and/or Consultant shall carry out

duties such as preparation of Drawings and
Specifications including approval of

Phase V, Gurgaon
25
Contractor’s shop Drawings and builders works

Drawings, selection and approvals of
materials, quality of workmanship etc. The
complete responsibility for adequacy of
Drawings and decisions thereof shall be that
of the Architect and/or Consultant alone.
5.3.2 The Architect shall provide a dedicated core

team, which shall be available to provide
clarifications in Drawings and Specifications
and convey their approval of materials and
Workmanship to the Engineer for the purposes
of this Contract.
5.3.3 The Architect and/or Consultant will assist the

Engineer in the administration of the
Contract. The Architect and/or Consultant will
advise and consult with the Engineer but shall
not have any authority to issue instructions
to the Contractor or act on behalf of the
Owner for the purposes of the Contract.
5.3.4 The Architect and/or Consultant in

consultation with Owner and the Engineer shall
visit the Site at intervals appropriate to the
stage of construction to become generally
familiar with the progress and quality of the
completed work and to determine in general if
the work is being performed in a manner

Phase V, Gurgaon
26
indicating that the work, when completed, will

be in accordance with the Contract and
Drawings. The Architect and/or Consultant will
keep the Owner and the Engineer informed of
any issues relating to compliance of
specifications and quality of work, progress
of the Work and will endeavour to protect the
interest of the Owner against defects and
deficiencies in the Work. The Contractor shall
always provide access and assistance to the
Architect and/or Consultant to perform their
duties.
ASSIGNMENT AND SUB-LETTING
6.0 ASSIGNMENT
6.1 The Contractor shall not assign the Contract

or any part thereof, or any benefit or
interest therein or there under without the
prior written consent of the Owner, other than
by a charge in favour of Contractor’s Bankers
of any monies due or to become due under this
Contract.
6.2 The Owner shall have the right to assign the

Contract or any or all of its rights under the
Contract, including but not limited to, the
Performance Bond, bank guarantee for
mobilization advance and any other

Phase V, Gurgaon
27
security/guarantee under the Contract to any

third parties, including lenders to the Owner,
without requiring the Contractor’s approval.
Any assignee of the Owner may enforce the
obligations of the Contractor hereunder with
the same force and effect as if enforced by
the Owner. The Contractor shall execute any
agreements or documents presented to the
Contractor by the Owner or its assignee(s) to
effectuate such assignment.
7.0 SUB-LETTING/ SUB-CONTRACTING

The Contractor shall not be permitted to sub-
let/sub-contract the whole of the Works.
Further the Contractor shall not sub-let any
part of the Works without the prior written
consent of the Owner’s Representative except
as provided for in these conditions, and such
consent shall not be unreasonably withheld.
Such consent, if given, shall not relieve the
Contractor from any liability or obligation
under the Contract and he shall be responsible
for the acts, defaults and neglects of any
Sub-Contractor(s), his/their agents, servants
or workmen as fully as if they were acts,
defaults or neglects of the Contractor
himself. The Contractor shall give Owner’s

Phase V, Gurgaon
28
Representative not less than 28 days' notice

of:
(a) the intended appointment of the
Subcontractor, with detailed particulars
which shall include his relevant
experience, and
(b) the intended commencement of the

Subcontractor's work on the Site.
Provision of labour on a piecework basis,

purchase of materials and transportation of
materials shall not be deemed to be a
subcontracting under the Clause.
8.0 SPECIALIST AGENCIES

The Contractor shall be required to entrust
the specialised building work to agencies
which specialise in the specific trade like
Anti-Termite Treatment, Waterproofing
Treatment etc. The Contractor shall give the
names and details of such agencies whom he is
going to engage for this work along with the
tender. These details shall include the
specialist agencies, expertise, financial
status, technical manpower, equipment
resources and list of works executed and those
pending to be executed. The Contractor shall

Phase V, Gurgaon
29
be required to provide necessary guarantee

through these Sub-Contractors for due
performance of the work executed by them for a
period of 10 (Ten) years unless specified
otherwise. The conditions of the guarantees
shall be strictly as per the format provided
by the Owner.
GENERAL OBLIGATIONS
9.0 CONTRACTOR’S GENERAL RESPONSIBILITIES

9.1 This Contract is on “Principal to Principal”
basis and this Contract shall in no way be
construed otherwise or give an impression of
any sorts of an agency, partnership, joint
venture, collaborations and the like. As a
Principal, the Contractor shall carry all
legal liabilities for his Works and the Owner
shall in no way be liable or answerable for
any actions of the Contractor or his Sub-
Contractors or his/their agents,
representatives or personnel or those
connected with him/them.
9.2 The Contractor shall execute and maintain the

Works with due care and diligence and shall
provide all materials, engage his own
personnel including supervision thereof,

Phase V, Gurgaon
30
Constructional Plant, Temporary Works,

transport and all other things, whether of
temporary or permanent nature, required for
the proper execution and maintenance of the
Works.
9.3 The Contractor shall execute the whole and

every part of the Works in the most
professional and workmanlike manner, both as
regards materials and labour, and other-wise,
in every respect in strict accordance with the
Specifications, Drawings, instructions etc.
The Contractor shall conform exactly, fully
and faithfully to the designs, Drawings and
instructions relating to the work in Writing.
9.4 Before commencing any item of work, the

Contractor shall take care of the requirements
of building work and services not included in
the scope of Contract which will be furnished
to him by the Engineer in the form of
Drawings, sketches, notes etc. to the extent
it affects his work. This does not envisage
preparation of any shop drawings by the
Contractor on behalf of other contractors. The
Contractor shall be responsible for any error
in the execution of the work and/or damage
caused due to any variation from the

Phase V, Gurgaon
31
information furnished to him which was

overlooked by the Contractor and/or his Sub-
Contractors.
9.5 Levels, dimensions, and other information

concerning the Site, as shown in the Drawings
are believed to be correct. The Contractor
shall, however, verify them him self and no
claim or allowance whatsoever shall be
entertained on account of any errors or
omissions in the levels, dimensions, etc. from
those shown on the Drawings. The Contractor
shall be deemed to have read and understood
the engineering nature and behavior of all
Drawings and other design documents provided
by the Architect or otherwise by or on behalf
of the Owner from time to time, including any
interim Drawings/designs issued in respect of
variations and any other
corrections/clarifications issued to the
Contractor.
9.6 Contractor shall submit with the tender their

proposed organisation chart for the execution
of the Project. Throughout the Project
duration, the Contractor will provide
adequate, qualified staff and workers required
for completion of the Project within the Time

Phase V, Gurgaon
32
for Completion.
9.7 The Contractor has represented to the Owner

that he has first class infrastructure,
expertise, manpower and equipments to carry
out the Works in a safe, time bound and
legally compliant manner. Believing such
representations to be true, the Owner has
entrusted the Contractor to carry out the
Works independently and on his own liability
and supervision as a reputed Company.
DOCUMENTS
10.0 DOCUMENTS
10.1 The Contractor confirms that he has thoroughly

examined the documents comprising the Contract
and is satisfied that there are no ambiguities,
discrepancies, inconsistencies, divergence, or
construction impracticalities within and
between such documents. The Contractor is
satisfied that the documents comprising the
Contract are accurate and sufficient in all
respects for the purposes of the execution of
the Works. If, notwithstanding the Contractor’s

Phase V, Gurgaon
33
examination, any ambiguities, discrepancies,

inconsistencies, divergence, or construction
impracticalities within this Contract come to
the attention of either Party, that Party shall
forthwith notify the other Party and the
Engineer and the notification shall be
accompanied by its proposals for overcoming the
ambiguity, discrepancy, inconsistency,
divergence, or construction impracticality (as
the case may be) based upon the following:
a) If between two Clauses of this Contract, the

provisions of specific Clauses relevant to
the issue under consideration shall prevail
over those in other Clauses.
b) Between the dimension scaled from the

Drawing and its specific written dimension
given later and agreed between the Parties
in writing, then the latter shall prevail.
c) Between any value written in numerals and

that in words, the latter shall prevail.
d) Any obligation imposed upon the Contractor

in one document but omitted from others
shall be performed by the Contractor as if

Phase V, Gurgaon
34
the obligation was present in all documents

forming part of the Contract.
10.2 In the event that the Engineer disagrees with

the proposals made by the relevant Party under
Clause 10.1, he shall so intimate the said
Party and shall issue instructions as to how
the ambiguity, discrepancy, inconsistency,
divergence, or construction impracticality is
to be overcome. The implementation of the
proposal/s of the relevant party as
anticipated in Clause 10.1 or the instruction
of the Engineer (as the case may be) shall be
undertaken by the Contractor at his own cost
without any right to a Variation unless the
Contractor proves to the Engineer that the
implementation of his instructions amounts to
a Variation in accordance with this Contract,
subject always to Clause 101.
10.3 The rule of construction or interpretation, if

any, that a Contract should be interpreted
against the Party/Parties responsible for
drafting and preparing the same shall not
apply.
10.4 Any word or expression used in this Contract

Phase V, Gurgaon
35
shall, unless otherwise defined or construed in

this Contract, bear its ordinary English
meaning and for this purposes the General
Clauses Act 1897 shall not apply
10.5 All documents that form part of the Contract

shall complement and supplement each other
and be cumulative and not alternative and shall
be mutually read together to gather the meaning
and what is required by any one document shall
be considered to be required by all other
documents. In the event of ambiguities,
discrepancies, and contradictions between the
various documents forming a part of the
Contract, the Engineer shall clarify any such
ambiguity or discrepancy in writing and the
Contractor shall comply with such determination
and shall not be entitled to any extension of
time or any compensation due to such
determination. Such clarification shall be
issued within a reasonable time not exceeding
one month after such ambiguity or discrepancy
is formally notified by the Contractor within a
reasonable time not exceeding one month after
the receipt of Contract and/or Drawings. Unless
otherwise provided in the Contract, the
priority of documents forming the Contract

Phase V, Gurgaon
36
shall be as follows:
a) Contract Agreement(if completed)
b) Special Conditions of Contract
c) General Conditions of Contract for Lump Sum
Contracts
d) Drawings, scope of Works and Specifications
e) Bill of Quantities
f) The Letter of Intent
g) Owner’s Field Quality Manual
h) Owner’s Safety Manual
i) Any other documents forming part of the
Contract.
It is however clarified that the Specifications

and Drawings shall be equal in authority and
priority, provided, however, that in the event
of conflict, (i) the Drawings shall govern as
to the required scope, quantity and location,
and (ii) the Specifications shall govern as to
quality, aesthetics, performance, warranties
and submittal/approval requirements.
Notwithstanding the foregoing, if duplications
or conflicts are discovered either in

Phase V, Gurgaon
37
themselves, or with each other, prices shall be

based on the most expensive combination of
quality and quantity of the Works indicated
with a credit for all costs saved accruing to
Owner if the least expensive method of work is
directed. A duplication of Works is not
intended by the Contract Documents, and any
duplication specified shall not become a basis
for extra cost to Owner. The appropriate
method of performing the Works, in the event of
the above-mentioned discrepancies, shall be
recommended by the Engineer or the Architect
and approved by Owner.
11.0 DRAWINGS
11.1 Tender Drawings accompanying the tender
documents are “Good for Construction
Drawings”. The Engineer shall have full power
and authority to supply to the Contractor from
time to time, during progress of the Works
such further Drawings and instructions as
shall be necessary in their opinion for proper
and adequate execution of the Works and in
conformity with the overall construction
schedule. In the event of ambiguities,
discrepancies and/or contradictions between
the Contract and the further Drawings and
instructions issued by the Engineer, the

Phase V, Gurgaon
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Contractor shall notify the Engineer of these

ambiguities, discrepancies and contradictions
within a period not exceeding one month from
receipt of these Drawings and instructions.
Subject to Contractor failing to formally
notify the Engineer of these ambiguities,
discrepancies and contradictions within the
specified one month period and subject to the
Engineer making its determination within one
month from receipt of the Contractor’s
notification, the Contractor shall not be
entitled to any extension of time and any
associated compensation due to such
determination.
11.2 The Good for Construction Drawings shall

remain in the sole custody of the Engineer,
but 3 copies thereof shall be furnished to the
Contractor free of charge. Upon the
completion of the Contract, the Contractor
shall return to the Engineer, all Drawings
provided under the Contract. It is expressly
understood that the Drawings issued shall
continue to be the exclusive property of the
Owner at all times and the Contractor shall
utilize the same for execution of Works alone.
11.3 One copy of the Contract documents including

Phase V, Gurgaon
39
Drawings furnished to the Contractor shall be

kept at the Site and the same shall, at all
reasonable times, be available for inspection.
11.4 The Contractor shall establish the controls

needed for the identification, storage,
protection, retrieval, retention and
disposition of all the records including
Drawings. Records shall remain legible,
readily identifiable and retrievable at any
time by the Owner.
11.5 The Contractor shall give written notice to the

Engineer and inform the Owner’s Representative
whenever the planning or progress of the Works
is likely to be delayed or disrupted, unless
any further drawing or order, including a
direction, instruction or approval is issued
within a reasonable time.
12.0 CONTRACT AGREEMENT

The Contractor shall enter into and execute
the Contract Agreement (as per the format
given in Appendix “B”) to be prepared and
completed, at the cost of the Owner, when
called upon to do so by the Owner.

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40
13.0 CONTRACTOR’S DESIGNS & MANUFACTURERS

CATALOGUES
13.1 The Contractor shall allow in his tender for
providing the Engineer with 4 (Four) copies of
all designs, Drawings and Specifications of
the designs made by him and also of shop
drawings which he may be called upon to
submit.
13.2 The Contractor shall also supply 4 (Four)

copies of all manufacturers catalogues of all
proprietary materials/ articles specified or
which Contractor proposes to use, for approval
by the Engineer, two months prior to the
planned commencement of work, or as soon as is
reasonably practicable. Any such approval so
granted will not relieve the Contractor of his
obligations, responsibilities and liabilities
under this Contract.
14.0 CONTRACTOR TO PREPARE “AS-BUILT” DRAWINGS

14.1 The Contractor shall during the course of
execution, mark and keep updated a complete
set of "as-built" drawings, recording all
Works on the blue prints, which shall be
corrected daily, if necessary, to show each
and every change from the Contract
Drawings/as-approved working drawings, shop

Phase V, Gurgaon
41
drawings and the exact 'as built' locations,

sizes and kinds of work etc. This set of
drawings shall be kept on the Site and shall
be used for record purposes. Changes recorded
shall be countersigned by the Engineer and the
Contractor. Copies of “as-built” drawings
shall be supplied to the Architect and the
Engineer on request.
14.2 The Contractor shall submit three sets of

complete "as-built" drawings as directed by
the Engineer within 30 days of the completion
of entire Works.
15.0 PERFORMANCE BOND

15.1 The Contractor shall furnish a Performance
Bond, within 15 days of the issue of the
Letter of Intent, in the format provided by
the Owner in Appendix “C” of the General
Conditions of Contract, for the due execution
and proper performance of the Contract for a
value as specified in Appendix “A” of the
General Conditions of Contract, to be accepted
in the form of an un-conditional and
irrevocable bank guarantee from a scheduled
bank or a bank approved by the Owner. The
Performance Bond shall be valid until the
expiry of 3 (three) months after the

Phase V, Gurgaon
42
Maintenance Period, or until the issuance of

the Maintenance Certificate, whichever is
later. The Performance Bond shall be renewed,
reinstated or extended, as the case may be, at
least [30 (thirty)] days prior to the expiry
of the period of validity thereof so that it
remains in full force and effect throughout
the term stipulated above. If the Contractor
fails to extend the period of validity of or
renew the Performance Bond as aforesaid, the
Owner shall be entitled to drawdown on the
Performance Bond and retain the proceeds as
security for the performance of the
Contractor’s outstanding obligations and
liabilities under the Contract. The Contractor
acknowledges that the validity of the
Performance Bond throughout the term
stipulated herein shall be a necessary pre-
condition for any payments to be released to
the Contractor under the Contract.
15.2 The Owner shall be the judge as regards the

performance of the Contract and may at any
time redeem the Performance Bondfrom the
guarantor bank without being bound to give any
evidence or notice whatsoever and without
resorting to the necessity of any legal or
other formality or without taking recourse to

Phase V, Gurgaon
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judicial proceedings. The demand of the Owner

under the Performance Bond shall not be
objected, affected or suspended by reason of
any dispute or disputes pending before any
forum, tribunal, arbitrators, courts or any
other statutory authority with regard thereto
or in connection therewith.
15.3 The Contractor shall always maintain the

Performance Bond at value as specified in
Appendix “A” until it is discharged. Should
the Contractor refuse or fail to maintain the
Performance Bond at value as specified in
Appendix “A”, the Owner reserves the right to
deduct the deficit from any sums payable to
the Contractor or to terminate the Contract on
account of the Contractor’s default.
15.4 The Contractor agrees that he shall increase

the value of the Performance Bond
proportionately as and when the value of the
Contract is increased beyond 15%.
16.0 RETENTION MONEY

16.1 In addition to the Contractor furnishing the
Performance Bond, the Owner shall deduct an
amount as specified in Appendix “A” from of
the gross amount of each on account bill

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44
towards Retention Money.
16.2 The Retention Money held shall be released to

the Contractor on expiry of Maintenance Period
and after the Engineer has issued a
Maintenance Certificate, certifying that all
defects notified up to the date of expiry of
Maintenance Period, to the Contractor, have
been rectified to his satisfaction and there
are no further defects to be rectified by the
Contractor.
16.3 After the release of the payment against the

Final Bill, on the Contractor’s request, the
Engineer may at his sole discretion allow for
the release of a part or full amount of the
Retention Money, against an unconditional and
irrevocable Bank Guarantee for a sum
equivalent to the amount to be released to the
Contractor, as per the format given in
Appendix “E” of the General Conditions of
Contract.
17.0 INTEREST
No interest shall be payable on earnest money,
Retention Money or any other money due against
interim or final bills.

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18.0 INSPECTION OF SITE

The Contractor shall be deemed to have
inspected and examined the Site and its
surroundings and collected all relevant
information available in connection therewith
and have satisfied himself, so far as is
practicable, before submitting his tender, as
to the form and nature thereof, including the
sub-surface conditions, the hydrological and
climatic conditions, the extent and nature of
work and materials necessary for the
completion of the Works, the means of access
to the Site and the accommodation he may
require and, in general, shall be deemed to
have obtained all necessary information, as to
risks, contingencies and all other
circumstances which may influence or affect
his tender.
19.0 SUFFICIENCY OF TENDER

19.1 The Contractor shall be deemed to have visited
the Site, thoroughly examined the tender
documents and by his own independent
observation and enquiry, acquainted himself
fully with local conditions, the accessibility
of the Site and the full extent and nature of
all operations necessary for the full and
proper execution of the Contract, including

Phase V, Gurgaon
46
availability of water, electricity, space for

the construction of Temporary Works and for
storage of materials, plant and equipment as
the space on the Site is extremely limited;
supply and use of labour, materials, plant,
equipment; and laws, rules and regulations
relevant thereto and restrictions if any
imposed by the local authorities.
19.2 The Contractor shall be deemed to have

satisfied himself before tendering, as to the
correctness and sufficiency of his tender and
that his tendered rates and prices shall cover
all his obligations under the Contract and all
matters and things necessary for the proper
execution and maintenance of the Works. No
claim whatsoever on the grounds of want of
knowledge or any misunderstanding or otherwise
shall be entertained afterwards by the Owner’s
Representative.
19.3 DELETED
20.0 WORK TO THE SATISFACTION OF ENGINEER

The Contractor shall execute and maintain the
Works strictly in accordance with the Contract
which will be to the entire satisfaction of

Phase V, Gurgaon
47
the Engineer and shall comply with and adhere

strictly to the Engineer's written
instructions and directions on any matter
whether mentioned in the Contract or not,
touching or concerning the Works. The
Engineer's decision relating to the use and
quality of materials and visual and aesthetic
effect shall be final.
21.0 PROGRAMME EVALUATION AND REVIEW

21.1 Network based integrated time schedule, using
suitable software approved by the Engineer,
shall be submitted by the Contractor with his
offer and shall include details of
mobilisation of resources, materials,
equipment and labour. After award of Contract,
the Engineer may require the Contractor to
expand the information given in the programme
until it is suitable for the efficient review
of progress during the execution of the Works.
The critical path shall be determined. It
shall be the Contractor’s obligation to submit
the construction programme within 15 days of
the award of Work. The Contractor shall
proceed with such a programme, unless the
Engineer notifies the Contractor within 10
days of the receipt of the programme, to the
extent to which the programme does not comply

Phase V, Gurgaon
48
with the Contract.
21.2 The Contractor shall, on a monthly basis, or

additionally whenever required by the
Engineer, review and update this programme and
submit the same to the Engineer. The
Contractor shall also submit a supporting
report which shall include details of the
Contractor's arrangement for executing the
Works and of the Constructional Plant and
Temporary Works which the Contractor intends
to supply, use or construct, as the case may
be.
21.3 WEEKLY REPORT

The Contractor shall submit every week to The
Engineer, a detailed report of the following:
a) Materials procured, consumed and balance at
Site and expected deliveries during next
fortnight.
b) List of plant and equipment working at Site,
standby and those under repair and equipment
scheduled to arrive during next fortnight.
c) Skilled/unskilled personnel, foremen,
supervisors and engineers working at Site and
expected increase in the next fortnight.
d) Steps proposed for speeding up progress of
work.

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49
21.4 PROGRESS REVIEW:

If at any time it appears to the Engineer that
the actual progress of the Works does not
conform to the existing programme, the
Contractor shall produce a revised programme
showing the modifications to the earlier
programme, necessary to ensure completion of
the Works within the Time for Completion.
21.5 Approval by the Engineer of the revised

programme will not relieve the Contractor of
any of his duties, liabilities or
responsibilities under the Contract.
21.6 MONTHLY REVIEW MEETINGS

In addition to the Site co-ordination
meetings, review meetings shall be convened by
the Engineer on a monthly basis to be attended
by the Engineer, the Owner’s Representative
and the senior management of the Contractor.
22.0 CONTRACTOR'S SUPERVISION

22.1 The Contractor shall provide all necessary
supervision during the execution and
maintenance of the Works for the proper
fulfilling of the Contractor's obligations
under the Contract. The Contractor or his
competent and authorised representative
approved in Writing by the Engineer, which

Phase V, Gurgaon
50
approval may at any time be withdrawn, is to

constantly remain at the Site and shall give
his entire time to supervise the Works. Such
an authorised representative shall be
authorised to receive, on behalf of the
Contractor, directions and instructions issued
by the Engineer.
22.2 The Contractor shall employ for the execution

of the Works:
a) Such technical persons who are qualified and
experienced and such representatives, foremen
and supervisory staff as are competent to
supervise the Works, and
b) Such skilled, semi-skilled and unskilled
personnel as is necessary for the proper and
timely execution of the Works and maintenance
of the Works.
22.3 The Engineer shall be at liberty to object and

require the Contractor to immediately withdraw
from the Works any person who, in the opinion
of the Engineer misconducts himself or is
incompetent or negligent in the proper
performance of his duties or whose employment
is otherwise considered by the Engineer to be
undesirable.

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51
22.4 The Contractor shall at all times remain

responsible for the acts of its team members
and the Contractor shall always be solely
responsible to ensure that the Works are
performed to the satisfaction of the Engineer
and at no point of time:
i) Any personnel deployed by Contractor may claim

employment with the Owner or directly or
indirectly either expressly or impliedly
create any presumptive impression to any third
party that he/she/ they is/are the
employee(s)/personnel and/or agents of the
Owner.
ii) Contractor shall not do any act or deed which

may mislead any third party(ies) to presume
that its personnel are the employee(s)
/representative(s)/agent(s)/ personnel of the
Owner.
In the event of violation or breach of this

clause, Contractor shall be held liable and
responsible for all consequences under law.
23.0 SITE LAYOUT

Within 10 days of the commencement of the
Works, the Contractor shall prepare and submit
to the Engineer, for his approval, a Site

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52
layout showing the Contractor's proposed layout

of facilities on the Site. This layout shall
give in detail the position and size of all
offices and storage accommodation, workshops,
batching plant, tower crane/hoist, working
areas, etc. The Engineer must give his
approval, which shall not be unreasonably
withheld, of the proposed layout prior to the
Contractor commencing erection of accommodation
or placement of items of plant.
24.0 SITE OFFICES

24.1 The Contractor shall, within one month of the
commencement of work, provide a conference
room and office space measuring about 1000 sq.
ft. with water, electrical fittings, air-
conditioning, toilet facilities, furniture,
filing cupboards, water-cooler/ refrigerator,
internet connection for the use by the
Engineer and his site staff. The layout of the
office shall be got approved from the
Engineer. The Contractor shall maintain and
keep these in a clean and sanitary condition.
24.2 On completion of his work, the Contractor

shall allow use of the site office at the
discretion of Owner. The site office shall be
dismantled and cleared by the Contractor and

Phase V, Gurgaon
53
materials be taken away only after the

completion of the Works, including services or
when directed by the Engineer.
25.0 PHOTOGRAPHS
The Contractor shall supply the Engineer,
every month, with requisite number of
photographs or as directed, size 20 x 25 CM,
requisite number of copies of each photograph,
showing clearly the progress of the Works. The
Engineer will indicate the locations and
angles at which the photos are to be taken.
All photographs shall be signed and dated by
the Contractor.
26.0 SITE DRAINAGE

26.1 All water which may accumulate on the Site
during the progress of work and in excavations
from any cause shall be removed from the Site
to the satisfaction of the Engineer and local
authority, at the Contractor's expense.
26.2 The Owner may, at its sole discretion and

without in any manner relieving or absolving
the Contractor of its obligation under Clause
26.1, provide necessary assistance to the
Contractor in obtaining authorisation from the
local authority for disposal of water into the

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54
municipal storm water drains.
27.0 SITE ORDER BOOK

The Engineer shall communicate or confirm
their instructions to the Contractor in
respect of the execution of Works during site
inspections in a "Works Site Order Book"
maintained at the Site Office of the Engineer
or in any other form issued by the
Owner/Engineer. The Contractor or his
authorised representative shall confirm
receipt of such instructions by signing
against the relevant orders in the book. If
desired, the Contractor shall be furnished a
copy of such instructions.
28.0 SETTING OUT

The Contractor shall be responsible for the
true and proper setting out of the Works in
relation to reference points, lines and
levels, given by the Engineer in Writing and
for the correctness of the positions, levels,
dimensions and alignment of all parts of the
Works. The Contractor shall provide all
necessary instruments, appliances and engage
his own personnel in connection with setting
out. If any error in the setting out is
noticed at any stage, the Contractor shall, at

Phase V, Gurgaon
55
his own cost, rectify such errors to the

satisfaction of the Engineer, irrespective of
whether such setting out was verified/
approved by the Engineer at an earlier date or
not.
29.0 SECURITY AND LIGHTING

The Contractor shall provide and maintain, at
his cost, all lights, guards, fencing and
security when and where necessary or required
by the Engineer or by any duly constituted
authority for the protection of the Works,
materials, plant and equipment, including the
property of the Owner.
30.0 CARE OF WORKS

From the commencement of the Works, until
completion, the Contractor shall be fully
responsible for the care of Works, materials,
Temporary Works and Constructional Plant. In
case of any damage, loss to the Works, or to
any part thereof whatsoever, the Contractor
shall, at his own cost, repair and make good
the same, so that on completion of the Works,
the Works shall be found in good order and
condition and in conformity with the Contract,
in every respect. The Contractor shall also be
liable for any damage to the Works caused by

Phase V, Gurgaon
56
him in the course of any operations carried

out by him for the purpose of completing any
outstanding work or rectification of defects
during the maintenance period.
31.0 NOTICES AND FEES

31.1 The Contractor shall give all notices and pay
all fees required to be given or paid under
any National or State Statute, Ordinance, or
other Applicable Law(s), or any regulation, or
bye-law of any local or other duly constituted
authority in relation to the execution of the
Works and by the rules and regulations of all
public bodies and companies whose property or
rights are affected or may be affected in any
way by the Works.
31.2 The Contractor shall comply with all the

provisions of applicable Statutes, Ordinances
or laws, rules, regulations, bye-laws,
notifications of any local or other duly
constituted authority(ies) which may be
applicable to the Works and shall keep the
Owner, Engineer, their nominees and anyone
connected with them indemnified, safe and
harmless against all penalties and liability
of every kind for breach of any such statute,
ordinance or law, regulation or bye-law.

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57
32.0 FOSSILS
All fossils, coins, articles of value or
antiquity and structures and other remains or
things of geological or archaeological
interest/ nature discovered on the Site shall,
as agreed between the Owner and the
Contractor, be deemed to be the absolute
property of the Owner in compliance to the
applicable provision of the law..
33.0 INTERFERENCE WITH TRAFFIC AND ADJOINING

PROPERTIES
The Contractor shall ensure that all
operations necessary for the execution of the
Works shall be carried on so as not interfere
unnecessarily or improperly with the
convenience of the public, or the access to,
use and occupation of public or private roads
and footpaths, or any other place in the
possession of the Owner or of others; provided
that in circumstances where such interference
is unavoidable the Contractor shall make such
special arrangements and obtain such
permissions from the relevant governmental
instrumentalities as may be required to
minimize the effect of any such interference.

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58
34.0 CO-OPERATION WITH OTHER CONTRACTORS

34.1 The Contractor shall, in accordance with the
requirements of the Engineer, afford all
reasonable opportunities for carrying out
their work to other contractors hired by the
Owner and their workmen and to the workmen of
the Owner, who may be engaged in the execution
of any work, on or near the Site area but not
included in the Contract.
34.2 The Contractor shall co-ordinate with the

other contractors to the extent his part of
the work gets affected by the work to be done
by them, and as directed by the Engineer. If
any part of the Works being executed by the
Contractor depends for proper execution or
results upon the work of any other contractor,
the Contractor shall inspect and promptly
report in writing to the Engineer/Owner’s
Representative, any defects or deficiencies in
such work that render it unsuitable for such
proper execution and results of the Works. The
Contractor’s failure to so inspect and/or
report any such defects or deficiencies shall
constitute an acceptance of the other
contractor's work as fit and proper for
receiving the Works of the Contractor and any
measures that the Contractor shall thereafter

Phase V, Gurgaon
59
be required to undertake to ensure compliance

of the Works with the Contract shall be at the
Contractor’s own risk and cost.
35.0 CONTRACTOR TO KEEP SITE CLEAR

During the execution/progress of the Works the
Contractor shall keep the Site reasonably free
from all unnecessary obstruction and shall
store or dispose of any Constructional Plant
and surplus materials and clear the Site of
any rejected materials, wreckage, rubbish or
Temporary Works no longer required.
36.0 CLEARANCE OF SITE ON COMPLETION

Before the Engineer issues the Completion
Certificate , the Contractor shall clear away
and remove from the Site, all Constructional
Plant, surplus materials, rubbish and
Temporary Works of every kind and leave the
whole of the Site and Works clean and in
workmanlike condition to the satisfaction of
the Engineer and the local authority.
37.0 PATENT RIGHTS

The Contractor shall fully indemnify the Owner
against any action, claim or proceeding
relating to any infringement of the use of any
copyright or trademark or patent or design or

Phase V, Gurgaon
60
know-how or trade secret or any other

intellectual property rights or any alleged
patent or design or any other intellectual
property rights and shall pay any royalties
which may be payable in respect of any article
or part thereof included in the Contract. The
rates and prices quoted by the Contractor
include and the Contractor grants to the Owner
an irrevocable, royalty-free, non-exclusive
license (including the right to grant sub-
licenses) to use, reproduce, modify and adapt
any intellectual property rights subsisting in
or in relation to any drawings or other
documentation provided by or on behalf of the
Contractor, any materials, fittings, fixtures
or equipment forming part of the Works, for
the purposes of the Contract only, such
license to survive expiry or termination of
the Contract without limitation as to
duration.
38.0 LABOUR HUTS

The Contractor shall not be allowed to put up
huts for personnel at the Site as the space at
the Site is very limited.

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61
39.0 BOOKS AND RECORDS

The Contractor shall allow for keeping books,
accounts and other documents, and records
showing the number of men employed each day,
in all trades, delivery note, priced invoices,
and letters of credit for all materials
ordered or delivered, visitors to the Site,
weather conditions, temperature and other
events influencing the progress and quality of
Works concerned. The Contractor shall furnish
such books, accounts, documents and records to
the Engineer or a person authorised to receive
them, at fortnightly intervals or as required,
throughout the duration of the Contract.
40.0 RELEASE OF INFORMATION

All information gathered under this Contract
by the Contractor and all reports and
recommendations relating to this Contract in
terms of Clause 98 shall be treated as
Confidential by the Contractor and shall not,
without the prior written approval of the
Owner be made available to any person or
party, other than the Engineer, the Architect
or any concerned Government Authority.

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62
INSURANCES
41.0 INSURANCE OF WORKS AND CONTRACTOR’S EQUIPMENT

41.1 Without in any way limiting the other
obligations and liabilities of the Contractor
under the Contract, the Contractor shall
effect and maintain in force, the insurances
specified in this Clause and elsewhere in the
Contract. The cost of procuring such
insurances shall be deemed to have been
included in the rates and prices quoted by the
Contractor and the Contractor shall not be
entitled to claim any additional payments or
compensation on account of procuring the same.
The Contractor is required to take at his
cost, a Contractor’s all risk insurance
policy, on a replacement cost basis, from an
insurer approved by the Owner’s
Representative, in the joint names of the
Owner, the Contractor and such other parties
as the Owner may elect, mentioning the Owner
as the beneficiary/loss payee, against all
risks of loss or damage to the Works from
whatever cause arising for which he is
responsible under the terms of the Contract
for any cause such as but not limited to loss
or damage arising from floods, riots, improper
workmanship, earthquake, land slide, rock

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63
slide and the like, in such manner that the

Owner and the Contractor are covered for the
period up to 3 months after the expiry of the
Maintenance Period viz:
a) the reinstatement value of the Works (as per
estimated current Contract Price) plus 10%.
b) Constructional Plants and other things brought
onto the site by the Contractor to the
replacement value of such Constructional Plant
and other things.
41.2 Such insurance shall be effected with an

insurer and in terms approved by the Owner,
which approval shall not be unreasonably with
held and the Contractor shall produce to the
Engineer the policies of the insurance and the
receipts for payment of the current premium.
42.0 THIRD PARTY INSURANCE

42.1 Before commencing the execution of the Works,
the Contractor shall insure against his
liability for any material or physical damage,
loss or injury which may occur to any
property, including that of the Owner and
other adjoining properties and to any person
including any personnel of the Owner,
Consultant, Architect, by or arising out of
the execution of the Works or in the carrying

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64
out of the Contract and shall fully indemnify

and hold harmless the Owner, the Engineer and
all persons who may be associated with or
connected with the Owner or the Engineer
against all claims, proceedings, damages,
costs, charges and expenses whatsoever arising
out of any damage caused to them.
42.2 Such insurance shall be affected with an

insurer and in terms approved by the Owner and
for amounts as stated in Appendix “A”. The
Contractor shall, whenever required, produce
to the Engineer the policy or policies of
insurance and the receipts for payment of the
current premiums.
42.3 The terms shall include a provision whereby,

in the event of any claim in respect of which
the Contractor would be entitled to receive
indemnity under the policy, being brought or
made against the Owner, the insurer will
indemnify and hold harmless the Owner, the
Engineer, and all persons who may be
associated with or connected with the Owner or
the Engineer against such claims and any
costs, charges and expenses in respect
thereof.

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65
43.0 INSURANCE AGAINST ACCIDENT OR INJURY TO

WORKERS.
43.1 The Owner shall not be liable for, or in
respect of any damages or compensation payable
at law in respect or in consequence of any
accident or injury or loss of life or limb to
any workman or other personnel engaged by the
Contractor or any Sub-Contractor. The
Contractor shall indemnify and keep
indemnified and hold harmless the Owner, the
the Engineer against all such damages and
compensation, and against all claims,
proceedings, costs, charges and expenses
whatsoever in respect thereof or in relation
thereto.
43.2 The Contractor shall insure against such

liability with an insurer approved by the
Owner and shall continue such insurance during
the whole of the time that any personnel are
engaged by him or the Sub-Contractor on the
Works and shall, when required, produce to the
Engineer such policy of insurance and the
receipt for payment of the current premium.
Provided always that, in respect of any
persons employed by any Sub-Contractor, the

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66
Contractor's obligation to insure as aforesaid

under this sub-clause, shall be satisfied, if
the Sub-Contractor, shall have insured against
the liability in respect of such persons, in
such manner that the Owner is indemnified
under the policy, but the Contractor shall
require such Sub-Contractor to produce to the
Engineer, when required, such policy of
insurance and the receipt for the payment of
the current premium.
44.0 REMEDY ON CONTRACTOR'S FAILURE TO INSURE;

WAIVER OF SUBROGATION.
44.1 If the Contractor shall fail to effect and

keep in force insurance, as per the terms of
Contract, the Owner may effect and keep in
force any such insurance and pay such premium
or premiums as may be necessary for that
purpose and from time to time deduct the
amount so paid by the Owner as aforesaid from
any monies due or which may become due to the
Contractor, or recover the same from the
Contractor.
44.2 It shall be the responsibility of the

Contractor to lodge and settle all insurance
claims, which may arise. The responsibility

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and liability of making good losses shall rest

with the Contractor irrespective of the status
of settlement of claims and the Owner shall
not be liable for any additional cost on this
account.
44.3 Insurance policies procured and maintained by

the Contractor or any Sub-Contractor shall
include a waiver of any right of subrogation
of the insurers there under against the Owner,
the lenders to the Owner, and their respective
assigns, subsidiaries, affiliates, parent
companies, employees, and of any right of such
insurers under such policies to any set-off or
counterclaim or any other deduction, whether
by attachment or otherwise, in respect of any
liability of any such person insured under any
such policy. The Contractor further releases,
assigns and waives any and all rights of
recovery against the Owner, the lenders to the
Owner, and their respective assigns,
subsidiaries, affiliates, parent companies,
employees, insurers and underwriters, which
the Contractor may otherwise have or acquire
in or from or in any way connected with any
loss covered by the policies of insurance
maintained or required to be maintained by the
Contractor pursuant to the Contract or because

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of deductible clauses in, or inadequacy of

limits of, any such policies of insurance.
44.4 Each insurance policy required to be

maintained by the Contractor shall provide
that the insurance will not, as against one
named Party to the insurance, be invalidated
by any act, breach, omission, neglect or
failure of another Party.
LABOUR
45.0 ENGAGEMENT OF LABOUR

45.1 The Contractor shall make his own arrangements
for the engagement of labour, local or
otherwise, and for their transport, housing and
payment. All personnel engaged by the
Contractor on the Works shall remain the sole
responsibility of the Contractor and no claim
shall lie against the Owner by them or
Contractor or the Sub-Contractor or any person
claiming on their behalf against the Owner in
respect of any right or benefit due to the
personnel in their employment.
45.2 The Contractor shall obtain a valid licence

under the Contract Labour (Regulation and
Abolition) Act, 1970 and registration under

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Building and Other Construction Workers

(Regulation of Employment and Conditions of
Service) Act, 1996 before the commencement of
the Works and continue to have a valid licence
and registration until the completion of Works
or expiry of Maintenance Period, if applicable.
The submission of Form V by the Owner shall not
absolve the Contractor in any manner whatsoever
of its liabilities and responsibility regarding
Contract Labour Regulation and Abolition Act
and the rules and regulations there under.
45.3 The Contractor shall pay the personnel employed

by him directly or through Sub-Contractors,
wages not less than the minimum wages notified
under the Minimum Wages Act.
45.4 The Contractor shall in respect of personnel

employed by him either directly or through Sub-
Contractor comply or cause to be complied with
the provisions of all prevailing labour laws
such as but not limited to the Payment of Wages
Act, 1936; Minimum Wages Act, 1948; Owners
Liability Act, 1938; Employees’ Compensation
Act, 1923; Maternity Benefit Act, 1961;
Contract Labour (Regulation and Abolition) Act,
1970; Employees Provident Fund Act, 1952; Child
Labour (Prohibition and Regulation) Act, 1986;

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Employees’ State Insurance Act, 1948; Payment

of Bonus Act, 1952; Payment of Gratuity Act,
1972; Employees’ Compensation Act, 1923; Inter-
State Migrant Workman (RECS), 1979; The
Employees Deposit Linked Insurance Scheme,
1976; The Building and Other Construction
Workers (Regulation of Employment and
Conditions of Services)Act, 1996 and any other
Act, rules or regulations for labour as may be
enacted by the Government or any modification
thereof or any other law relating thereto and
rules made there under from time to time.
45.5 The Owner shall, on a report from Inspecting

Officer, defined under Contract Labour
(Regulation and Abolition) Act, 1970, have the
power to deduct from the monies due to the
Contractor any sum notified under the
provisions of the relevant Act.
45.6 The Contractor shall indemnify the Owner

against all or any payments to be made under
and for observance of any Act, rules and
regulations aforesaid without prejudice to his
right to claim indemnity from his Sub-
Contractors. The Contractor shall submit to the
Owner an indemnity bond as per format at
Appendix “G” of the General Conditions of

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Contract in this regard.
45.7 The Contractor shall not give, barter or

otherwise dispose off to any persons any arms
or ammunition of any kind, or permit such
actions at Site by his agents, personnel or
Sub-Contractors or personnel of the Sub-
Contractors.
45.8 In the event of any outbreak of illness of an

epidemic nature, the Contractor shall comply
with and carryout such instructions, orders and
requirements of medical or sanitary authorities
or other governmental instrumentalities for the
purpose of dealing with and overcoming the
same. The Contractor shall also, at his
expense, conform to all anti-malarial
instruction given to him by the Engineer or by
any local authority including filling up of
borrow pits.
45.9 That the Contractor shall be liable to comply

with all the statutory enactments which shall
be applicable to it as a result of this
Contract undertaken by it. The Contractor in
compliance with the provisions of law
undertakes to submit all the statutory returns
wherever required. In case of breach of any

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statutory enactment or rules framed there under

the Contractor alone shall be liable for the
consequences while no proceeding or penal
action for such breach shall be maintainable
against the Owner, its directors, its
personnel, agents, representatives and all
those connected with the Owner. The Contractor
shall accordingly submit on a monthly basis a
“Certificate of Compliance” as given in
Appendix “F”.
45.10 That the Contractor undertakes to pay wages to

its workers/personnel not less than the minimum
wages as prescribed by the Government and
revised from time to time. The Contractor shall
also ensure full compliance with regard to the
provisions of Employees Provident Fund and
Miscellaneous Provisions Act, 1952 and the
scheme framed there under and shall deposit the
requisite contributions (both employer’s and
employee’s share) with the concerned
authorities within the stipulated dates as laid
down under law and also submit the statutory
returns as required. If the Contractor is
already a covered unit under the Employees
Provident Fund and Miscellaneous Provisions
Act, 1952 it would cover the personnel under
the code number already allotted by the

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concerned RPFC and in case no such code number

has been allotted, the Contractor shall ensure
that he obtains the coverage before the
commencement of the Project and the provident
fund contributions in respect of the personnel
engaged in or in connection with the Works are
enrolled as member of the fund including those
employed through a Sub-Contractor.
45.11 In the event of the applicability of the

Employees’ State Insurance Act, 1948 (ESI Act),
the Contractor shall comply with the provisions
of the said act and deposit ESI contributions.
If for any reason, the Owner is required to pay
any ESI contribution in respect of the
personnel engaged by the Contractor/Sub-
Contractor, by operation of the law or
otherwise, the same shall be immediately
reimbursed by the Contractor to the Owner,
failing which the amount so paid shall be
recovered from the bills payable to the
Contractor.
45.12 That the Contractor shall obtain an insurance

policy against the accident(s) or loss of life
in respect of all the personnel including those
engaged through a Sub-Contractor providing
adequate coverage against any disability or

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infirmity or death which may be caused to the

personnel as a result of the accidents on the
site.
45.13 That the Contractor having been covered under

the provisions of Contract Labour (Regulation
and Abolition) Act, 1970 shall obtain the
requisite licences from the concerned
authorities clearly setting out the number of
persons to be engaged by it for the
construction of the Works assigned under this
Contract. The Contractor shall maintain the
requisites registration of muster roll and
issue wages slips to each of its personnel
including those engaged through a Sub-
Contractor.
45.14 In case of an accident whether resulting in any

injury or disability or death of the personnel
including those engaged through a Sub-
Contractor, the Contractor shall be liable to
pay to such personnel compensation in
accordance with the provisions of Employees’
Compensation Act, 1923. Such compensation shall
be paid to the concerned personnel or the legal
heirs within one month of the date of the
accident.

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45.15 In the event the Contractor fails to pay the

requisite compensation to its personnel
including the one engaged through a Sub-
Contractor, the Owner shall be entitled to pay
to such personnel of the Contractor the
requisite compensation and the payment so made
shall be adjusted against the bills payable to
the Contractor by the Owner.
45.16 It is clearly understood and agreed to by the

Contractor that it is the statutory obligation
on the part of the Contractor as a Principal
Employer to faithfully comply with the
provisions of all the statutory enactments that
are applicable to it including the Employees
Provident Fund and Miscellaneous Provisions Act
and the scheme framed there-under. The
Contractor shall with effect from the date of
the appointment of each personnel including
those engaged through a Sub-Contractor shall be
covered by the provisions of the EPF and MP Act
and their PF contribution both employer and
employee, shall be deposited with the Regional
Provident Fund Commissioner. In the event if it
is found either by the Office of the RPFC or
otherwise that the Provident Fund contributions
are not being paid or deposited in respect of
all the personnel including those engaged

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through a Sub-Contractor and a liability on

this account is created and is required to be
paid to the RPFC by the Owner, such amount
shall be recovered from the bills that would be
payable to the Contractor by the Owner and the
Contractor shall not be entitled to raise any
dispute in this regard.
45.17 The Contractor alone shall be the employer in

relation to the personnel employed by it
including those through the Sub-Contractor for
fulfillment of its obligations under this
Contract. It is therefore, the Contractor who
alone shall be responsible and liable to pay
wages to its personnel including those engaged
through a Sub-Contractor and as such, the Owner
shall in no case be liable for any such claim
or claims. Neither the Contractor nor the
personnel engaged by it including those engaged
through a Sub-Contractor shall be entitled to
raise any dispute, demand or claim
in this regard against the Owner. All claims in
this regard would only be directed against the
Contractor and the Contractor alone shall be
liable to pay the same.
45.18 That the Contractor shall strictly adhere to

his safety plan/ Owner’s safety manual and

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shall ensure that all safety provisions as

provided therein are strictly adhered to and
implemented; provided that nothing contained in
the Contract shall in any manner whatsoever
limit or absolve the Contractor of its
obligations to ensure that all applicable
safety and health related laws and regulations
are complied with. The safety precautions and
requirements expressly stipulated in the
Contract shall not in any manner preclude the
Contractor or relieve the Contractor of its
responsibility for taking all additional safety
measures as may be warranted for the particular
type of work or situations. The Contractor
shall ensure the safety of the persons working
at the site as well as the property of the
Owner. The Contractor shall ensure that all
personnel including those engaged through a
Sub-Contractor also adhere to the safety norms
and use helmets, safety belts, safety boots,
safety gloves, goggles etc. while performing
their work. It shall be the responsibility of
the Contractor and he shall ensure that all
safety equipments are also available at the
site of the construction and no personnel shall
be permitted to work on the site without using
of the requisite protective covers forming part
of his safety plan/Owner’s safety manual.

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45.19 In the event of any accident of any nature

whatsoever at the Site or otherwise related to
the Works awarded to the Contractor including
Temporary Works, then the Contractor alone
shall be liable for all the consequences
arising out of such accident(s) and provide
explanation to the police/ authorities, if
required. Since the Owner is not involved in
the construction of the Works, it shall not be
responsible in any manner whatsoever in respect
of such accident(s) and any legal proceedings,
if instituted, would lie against the Contractor
only and not against the Owner. The Contractor
shall be solely responsible for any loss or
damage to property or injury to any person
(including but not limited to any injury to or
death of any personnel engaged by the
Contractor, any Sub-Contractor, the Owner, the
Owner’s Representative, the Engineer, the
Architect or any other contractor or consultant
engaged by or behalf of the Owner in relation
to the Works or injury to or death of any
member of the public) and the Contractor hereby
expressly absolves the Owner from any such
liabilities.
45.20 It is clearly understood and agreed to by the

Contractor that if by virtue of the Works

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undertaken by him and personnel deployed by the

Contractor at the said project, the Owner is
saddled with any liability, financial or
otherwise under any statutory enactment or
otherwise, the amounts which may be payable
shall be recovered from the Contractor upon any
such liability coming to the notice of the
Owner.
45.21 That the Contractor shall be fully responsible

in respect of all matters including the payment
of wages etc. in respect of the Sub-Contractor
and the personnel engaged through them. For the
purposes of this Contract Agreement, the
Contractor shall be the deemed employer in
respect of the personnel employed by or through
Sub-Contractors and as such it shall be the
exclusive responsibility of the Contractor to
ensure that all statutory provisions of law
which are applicable to the direct workers/
employees/ personnel of the Contractor are duly
applied to the employees/personnel employed by
or through Sub-Contractors, and they shall not
be discriminated in any manner whatsoever, and
the Contractor shall not be entitled to absolve
his responsibility and/or liability on the plea
that they are not his direct
employees/personnel.

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45.22 The Contractor shall at all times take all

reasonable precautions to prevent any un-lawful
riotous or disorderly conduct by or amongst his
personnel and for the preservation of peace and
protection of person(s) and property in the
Works, neighbourhood of the Works, against the
same. The Contractor shall in all dealings with
the personnel in his employment have due regard
to all recognised festivals, days of rest,
religious or other customs.
45.23 That the Contractor shall ensure that no

personnel stays in the Site premises. The
Contractor will therefore ensure that the
personnel on the close of their shift timings
or duties leave the Site. Any personnel if
found staying at the Site after his duty hours
would be treated as an unauthorized person
and shall not have the approval of the Owner
nor the Owner shall be liable for any claim(s),
if on account of the unauthorized conduct of
such personnel, any injury is caused to him.
45.24 That the Contractor shall provide the welfare

facilities at the Site such as drinking water,
washing facilities, rest room, canteen, toilets
and urinals etc. and shall also ensure that the

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first-aid equipment is always available in

adequate quantity at the Site.
45.25 The Contractor shall comply with the Child

Labour (Prohibition and Regulation) Act, 1986
and no child shall be employed at Site in any
capacity and no women shall be deployed at work
during night after 7 pm.
45.26 The Contractor on the completion/ foreclosure/

determination of this Contract shall forthwith
settle all the accounts and/or claims of all
the personnel including those engaged by or
through Sub-Contractors and shall produce the
relevant record showing such payments having
been made to the personnel and shall also make
affidavit certifying that the legal dues of all
the personnel including those engaged through
Sub-Contractors have been settled. It is only
on the receipt of such an affidavit and upon
satisfying after checking, the relevant records
that such payments have been made, that the
bills of the Contractor shall be passed for
payment. In case the Contractor fails to
furnish the requisite record or give an
affidavit in the manner mentioned above, the
Owner shall be within its competence to with-
hold the payment of the pending bill of the

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Contractor.
45.27 The Contractor alone shall be responsible for

observance of the foregoing provisions by his
Sub-Contractors.
45.28 The Owner shall be entitled to carry out audits

either through his representatives or through a
third party to ensure that the Contractor has
complied with all the provisions of labour and
other Applicable Laws as may be applicable to
him from time to time. The Contractor shall
resolve all audit observations as intimated to
him expeditiously.
46.0 RETURNS OF LABOUR

The Contractor shall furnish to the Engineer,
a return every fortnight, in such detail and
form as the Engineer may prescribe, showing
the supervisory staff and number of several
classes of personnel from time to time
employed by the Contractor and Sub-Contractors
on the Site, indicating their working hours
and wages paid to them and any other
information as directed by the Engineer.

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MATERIALS AND WORKMANSHIP
47.0 QUALITY OF MATERIALS AND WORKMANSHIP

47.1 All materials and workmanship shall be the
best of the respective kinds described in the
Contract and in accordance with instructions
and directions of the Engineer and shall be
subjected, from time to time, to such tests as
the Engineer may direct at the place of
manufacture or fabrication or on the Site or
at such other places as may be directed by the
Engineer. The Contractor shall ensure that all
materials, fittings, fixtures etc. will be new,
unused, not reconditioned and of utility-grade
quality and in full conformity with the
Specifications for which they are intended and
be free from defects and defective workmanship
and that the Contractor shall not use any
materials for incorporation into the Works
which are generally recognised as being
deleterious or to be avoided in any case for
the purpose for which they are to be applied.
47.2 The Contractor shall execute the whole and

every part of the Works in the most
substantial and workmanlike manner, both as
regards to materials and workmanship and in

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every respect in strict accordance with the

Specifications etc. such that the Works can
used for its intended purposes as described in
the Contract in accordance with applicable
laws and permits and the Project can be
utilized legally, safely and reliably. The
Contractor shall also conform exactly and
faithfully to the designs, Drawings and
instructions issued in writing by the Engineer
and on the completion of the Works provide a
structural quality certificate as per the
format provided by the Owner in Appendix “K”
of the General Conditions of the Contract.
47.3 In addition to the structural quality

certificate, the Contractor shall also issue a
structural stability certificate in the format
given in ‘Appendix N’ of the General
Conditions of the Contract.
47.4 Based on the above certificates as per Appendix

‘K’ and ‘N’, the Contractor undertakes to be
liable to attend any defect within 10 (Ten)
days of the Engineer notifying the same and the
Owner shall have the full right to get the work
executed/ rectified at the Contractor’s risk
and cost. In case the Contractor fails to pay

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the Owner or tenants or third party or their

representatives, the amount of the claim within
10 (Ten) days as referred above , then the
Owner shall have the undisputed right to claim
this amount so claimed along with an interest @
25% per annum till the date the full amount is
realized.
47.5 Samples of all materials shall be supplied by

the Contractor at his own cost, for approval
of the Engineer. The Engineer will approve the
samples in writing before the Contractor
arranges bulk supply. The cost of making any
tests shall be borne by the Contractor.
48.0 TESTING OF MATERIALS

When required by the Engineer, the Contractor
shall supply for the purpose of testing,
samples of any materials to be used in the
work as per Specifications. The number of
samples to be given will be governed by the
Specifications. The Contractor shall provide
all such samples at his own cost including
suitable packaging for transportation, free of
cost to the Engineer. All the expenditure
required to be incurred for these samples,
packing them, conveyance, handling and

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delivery to the testing laboratory, as

approved by the Engineer, including the
testing charges and fees to be paid in this
respect, shall be borne by the Contractor
including cost of all materials and samples.
49.0 QUALITY CONTROL

49.1 The Contractor shall, at his own cost, set up
a quality control laboratory at the Site, and
shall employ a qualified engineer to conduct
various tests as specified or as directed by
the Engineer. The qualification of the quality
control engineer shall be subject to the
approval of the Engineer.
49.2 Within one week of the Commencement Date, the

Contractor shall submit to the Engineer for
his consent, his proposed site quality plan
based on the Owner’s quality manual. The
quality plan should address the quality system
as required by ISO 9001-2008 and such
amendments as may be in force from time to
time and shall cover all activities as per the
scope of work. Any supplement to the site
quality plan shall be submitted to the
Engineer at least 14 days before commencement
of the relevant work.

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49.3 Upon the Engineer notifying his consent to the

site quality plan, or any supplement thereto,
the Contractor shall adhere to the principles
and procedures contained in such document,
except where the Engineer gives his consent to
any amended or varied version thereof. The
Contractor shall cause all Sub-Contractors to
adhere to this plan.
49.4 The Contractor shall appoint a suitably

qualified and experienced person, not
otherwise engaged in the performance of the
Contract, to act as manager of the quality
assurance system and shall provide such other
personnel and resources as required to ensure
effective operation of the quality control and
assurance system. The said manager shall carry
out audits of the application of the quality
system and ensure effective quality control
and delivery of quality assurance.
49.5 The Contractor shall provide all necessary

access, assistance and facilities to enable the
Engineer, or any third party engaged by the
Owner to carry out surveillance visits/audit,
both on and off the Site, to verify that the
quality assurance system is being properly
adopted and fully implemented. No extra payment

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shall be made in this regard and the cost of

the work under this element shall be deemed to
be included in the Contact Price.
49.6 Compliance with the quality assurance system

shall not relieve the Contractor of any of his
duties, obligations or responsibilities under
this Contract.
50.0 INSPECTION OF OPERATIONS

50.1 The Engineer and any person authorised by him
shall at all times have access to the Works
and to all workshops and places where work is
being prepared or from where materials,
manufactured articles or machinery are being
obtained for the Works and the Contractor
shall afford every facility for, and every
assistance in, or in obtaining the right to
such access.
50.2 All work embracing more than one process shall

be subject to examination and approval at each
stage thereof and the Contractor shall give
due notice to the Engineer when each stage is
ready.
51.0 SAMPLES FOR COMPARISON AND COMPLIANCE PURPOSES

The Engineer may at any time call upon the

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Contractor to submit samples of any material

used or to be used in the Works including
alternative materials and those specified in
the Contract by "Brand Name" for comparison
with the Specification and/or approved sample.
Should any such sample fail to meet the
requirements of the Specification and/or the
standard of the accepted sample, then all
materials from which the sample has been taken
shall be removed from the Site immediately and
all work executed incorporating such material
shall be cut out and made good to the
satisfaction of the Engineer all at the
expense of the Contractor.
52.0 EXAMINATION OF WORK BEFORE COVERING UP

52.1 No work shall be covered up or put out of view
without the approval of the Engineer and the
Contractor shall afford full opportunity to
examine and measure any work which is about to
be covered up or put out of view and to
examine foundations before further work is
executed. The Contractor shall give a minimum
of 24 hours notice to the Engineer whenever
any such work or foundation is/are ready or
about to be ready for examination and he
shall, unless he considers it unnecessary and
advises the Contractor accordingly, attend for

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the purpose of examining and measuring such

work or of examining such foundations.
52.2 The Contractor shall open any part or parts of

the Works as the Engineer may from time to
time direct and where the Engineer reasonably
believes that such part or parts of the Works
are defective. The Contractor shall reinstate
and make good such part or parts to the
satisfaction of the Engineer. However, upon
opening up it’s found that such part or parts
of the works are not defective; the Contractor
shall be entitled for the cost of such opening
up and reinstatement.
53.0 REMOVAL OF IMPROPER WORK AND MATERIALS

53.1 The Engineer shall have full powers to order
in writing:
a) the removal from the Site, within such time as
may be specified in the order, of any
materials which, in the opinion of the
Engineer are not in accordance with the
Contract.
b) the substitution of proper and suitable
materials, and
c) the removal and proper re-execution,
notwithstanding any previous test thereof or
interim payment thereof or of any work which

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in respect of materials or workmanship is not;

in the opinion of the Engineer in accordance
with the Contract.
53.2 In case the Contractor defaults in carrying

out such order, the Owner shall be entitled to
employ and pay other agency/contractor/persons
to carry out the same and all expenses
consequent thereon or incidental thereto shall
be recoverable from the Contractor by the
Owner or may be deducted by the Owner from any
monies due or which may become due to the
Contractor.
COMMENCEMENT, DELAYS AND COMPLETION
54.0 COMMENCEMENT OF WORKS

The Commencement Date shall be as mentioned in
Appendix “A”. The Contractor shall proceed with
the work with due expedition and without delay.
55.0 POSSESSION OF SITE

55.1 On award of Works, the Contractor shall
jointly inspect the Site with the Engineer and
take possession of the same by executing a
joint inspection report and possession

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receipt, stating satisfactory possession of

the Site including its boundaries, free of
encroachments, existing structures etc.
Thereafter the Owner shall grant the right of
access to and possession of the Site to the
Contractor. It is hereby made clear that right
of access to and possession of the Site may
not be exclusive to the Contractor alone.
55.2 If there is delay in handing over the Site, in

full or in part, the Owner shall grant
reasonable extension of time for the delay in
the completion of Works but the Contractor
shall not be entitled to claim any
compensation, whatsoever in this regard. If
any underground obstructions are met with,
these shall be removed at no extra cost.
56.0 TIME FOR COMPLETION

The Contractor shall complete the whole of the
Works, and each Section (if any), within the
Time for Completion for the Works or Section
(as the case may be) stipulated in Appendix
“A”.
57.0 EXTENSION OF TIME

57.1 If the Works are delayed by Force Majeure,
suspension of work by the Owner, serious loss
or damage by fire, ordering of extra or

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additional work, over and above that specified

in this Contract or other circumstances of any
kind whatsoever, other than due to the
default of the Contractor and the delay be
such, as would fairly entitle the Contractor
to an extension of time and which in the
absolute discretion of the Engineer, is beyond
the control of the Contractor, then upon the
happening of any such event causing delay, the
Contractor shall immediately give notice
thereof to the Engineer, stating the cause and
the anticipated period of delay and in any
such case, the Engineer may give a fair and
reasonable extension of Time for Completion of
the Works. In case of a continuing delay or
disruption, the Contractor shall submit
interim details at intervals of not more than
28 days (from the first day of such delay or
disruption) and full and final supporting
details together with full supporting
documentation in support of its claim for time
extension within 28 days of the date of
cessation of such delay or disruption. The
Engineer shall give his decision within 30
days of receipt of a written notice and such
further details as may be requested from the
Contractor.

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57.2 Such extension shall be communicated to the

Contractor by the Engineer in writing. The
Contractor shall not be entitled to claim any
compensation or over-run charges whatsoever
for any extension granted.
58.0 NO NIGHT OR SUNDAY WORK

58.1 No work shall be carried out during the night
or on Sunday, unless the Engineer may on
Contractor’s request permit the Contractor to
carry out execution of works during nights and
holidays (except National Holidays); provided
that any additional costs incurred by the
Contractor on account of wages and any other
costs that may result from overtime or any
shift work or any work on days other than
normal working days shall be borne solely by
the Contractor. Further, if any work is
required to be carried out at night (on
account of safety reasons or otherwise) or any
work is required to be carried out in multiple
shift, such work shall be carried out in
compliance with applicable laws with any costs
on account of overtime etc. would be borne
wholly by the Contractor. It will be the
Contractor’s responsibility to ensure that
there is no in-convenience caused to the
neighbours and no violation of law and order

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in general.
58.2 The Contractor may work without permission in

writing of the Engineer, when the work is
unavoidable or absolutely necessary for the
safety of Works, in which case the Contractor
shall immediately advise the Engineer.
59.0 RATE OF PROGRESS

If for any reason, the rate of progress of the
Works, in the opinion of the Engineer is too
slow to ensure completion in the prescribed
Time for Completion, the Contractor shall take
such steps as are necessary in the opinion of
the Engineer, to expedite progress to complete
the Works within the Time for Completion. The
Contractor shall not be entitled to any
additional payment for taking such steps.
60.0 SUSPENSION OF WORK

The Contractor shall, on the written order of
the Engineer, suspend the progress of the
Works or any part thereof for such time and in
such manner as the Engineer may consider
necessary and shall during such suspension
properly protect and secure the work without
any extra cost. Further, in the event the
Contractor fails to immediately rectify any

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non-compliance with safety regulations,

applicable laws and permits or any breach of
the Contract, the Owner/Owner’s Representative
may, without prejudice to its other rights and
remedies under the Contract or under law,
suspend all or any part of the Works until
such time that satisfactory corrective action
has been taken by the Contractor. The
Contractor shall not be entitled to any
extension of time or any additional costs on
account of such suspension.
61.0 COMPLETION CERTIFICATE

When the whole of the Works have been
completed and have satisfactorily passed any
final tests specified in the Contract, the
Contractor may give a notice to that effect to
the Owner in writing. If the Works are divided
into Sections, the Contractor may similarly
give a notice for a Completion Certificate for
each Section. The Engineer shall within 15
days of the date of receipt of such notice,
inspect the Works or Sections as the case may
be and issue to the Contractor a Completion
Certificate for the Works or Section, stating
the date on which in his opinion the Works or
Section as the case may be were completed in
accordance with the Contract or give

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instructions in writing to the Contractor

specifying the balance items of work which are
required to be done by the Contractor before
issuance of such Completion Certificate. The
Engineer shall also notify the Contractor of
any defects in the Works or Section affecting
completion. The Contractor shall be entitled
to receive Completion Certificate within 21
days of the completion of the Works or Section
as the case may be and making good any defects
so notified, to the satisfaction of the
Engineer.
62.0 LIQUIDATED DAMAGES/COMPENSATION FOR DELAY

62.1 The Time for Completion as entered in the
Contract shall be strictly observed by the
Contractor and shall be deemed to be the
essence of the Contract. The Works shall
throughout the stipulated period of the
Contract be processed with due diligence and
as per work schedule reckoned from the
Commencement Date.
62.2 If the completion of the Works or a Section

(as the case may be) is delayed for reasons
attributable to the Contractor, the Contractor
shall be liable to pay as liquidated damages
for delay, and not as penalty, the sums

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computed as per the rates mentioned in

Appendix “A” to the Owner. Decision of the
Owner as to the reason of delay shall be
binding on the Contractor.
62.3 The liquidated damages payable as set forth in

the Contract, whether on per day basis or
otherwise, are a genuine pre-estimate, as of
the date hereof, of the losses and damage
likely to be suffered and incurred. Such
amounts stipulated as liquidated damages are
not by way of penalty and the Owner shall be
entitled to receive the same regardless of the
amount of such reduction in value or costs
actually incurred by it.
PLANT, TEMPORARY WORKS AND MATERIALS
63.0 CONTRACTOR TO SUPPLY ALL PLANT, LADDERS,

SCAFFOLDING, ETC.
No plant and machinery will be arranged or
issued by the Owner and the Contractor shall
mobilise and deploy at his own cost all plant,
machines, shuttering and scaffolding, tools
and tackles necessary/incidental to due
performance of the Contract.

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64.0 MATERIALS, PLANT, ETC., EXCLUSIVE USE FOR THE

WORKS
64.1 All Constructional Plant, Temporary Works and
materials when brought on to the Site shall be
deemed to be exclusively intended for the
execution of the Works and the Contractor
shall not remove the same or any part thereof,
without the consent, in writing, of the
Engineer, which shall not be unreasonably
with-held.
64.2 Upon completion of the Works, the Contractor

shall remove from the Site all the said
Constructional Plant and Temporary Works
remaining thereon and any unused materials
provided by the Contractor.
64.3 The Owner shall not at any time be liable for

the loss of or damage to any of the said
Constructional Plant, Temporary Works or
materials.
64.4 The rates and prices quoted by the Contractor

include and the Contractor shall be liable to
bear and pay all costs attributable to
materials for the Works (including but not
limited to royalties payable for minor
minerals such as sand or gravel or royalties

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payable otherwise in connection with any

excavations for the Works).
ALTERATIONS, ADDITIONS AND DELETIONS
65.0 VARIATIONS
65.1 The Engineer shall have the power to make and
order any Variation of the form, quality or
quantity of any item of work that may appear
to him to be necessary during the progress of
the Works and the Contractor shall carry out
as directed any of the following:
a) Increase or decrease the quantity of any
work included in the Contract;
b) Omit any such work, partly or entirely,
c) Change the character or quality or kind
of any such work,
d) Change the levels, lines, position and
dimension of any part of the work, and
e) Execute additional work of any kind
necessary for completion of the Works.
No such Variation shall in any way vitiate or

invalidate the Contract, but the value of all
such Variations shall be taken into account in
ascertaining the amount of the revised Contract
Price. Variations do not envisage supply of
labour.

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65.2 No such Variations shall be made by the

Contractor without an order in writing of the
Engineer. Such variation order shall clearly
specify the nature of changes.
65.3 No verbal orders by the Engineer/Owner or

their representatives shall constitute an
authority for the Contractor to undertake any
variation from the Specifications or “Brand
Names” or quantities. If the Contractor for
any reason, has been given verbal orders, it
shall be his responsibility to ask
confirmation of the orders in writing and
shall proceed only after the orders are
confirmed in writing by way of issuance of a
variation order/ amendment to the Contract.
65.4 All altered, additional or substituted work

done or work omitted shall be valued at the
rates and prices set out in the Contract, if,
in the opinion of the Engineer, the same are
applicable. If the Contract does not contain
any rates or prices applicable to the altered,
additional or substituted work, their value
shall be worked out in accordance with the
following procedure:

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a) If the altered, additional or

substituted work is similar in character
to the items specified in the Contract,
the rates will be derived from the rates
for a similar class of work as are
specified in the Contract.
b) If the rates for the altered, additional
or substituted work cannot be determined
in the manner specified above, the rate
shall be determined by the Engineer on
the basis of the cost to the Contractor
at Site plus a percentage on the said
cost as stated in Appendix ‘A” to cover
his overheads and profits. Provided that
if the Contractor is not satisfied with
the rate fixed by the Engineer, he shall
be entitled to represent the matter to
the Owner's Representative within
fourteen days of the receipt of the rate
fixed by the Engineer and the decision
of the Owner's Representative thereon,
shall be final and binding.
Time being of the essence in the performance

of the Contract, any Variation directed by or
on behalf of the Owner shall be proceeded
with promptly by the Contractor. If the
Parties cannot agree upon the cost or time

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implications of a Variation, under no

circumstances shall the Contractor suspend or
delay the work on the plea of non-settlement
of the rate.
66.0 MAXIMUM VARIATION

As a result of the alterations, additions or
substitutions, quantities of any individual
items could vary to any extent, but overall
Contract Price shall not be varied by more
than plus/minus 25%, which will be treated as
the deviation limit. In case, the total amount
of Variations ordered exceeds 25%/ is short of
25% of the initial Contract sum, then the
amount of the Contract Price in respect of
Variations exceeding 25% /short of 25% shall
be adjusted by such sum as may be agreed
between the Contractor and the Owner having
regard to all material and relevant factors
including the Contractor's Site and general
over head costs of the Contract. Variations
that are within +/- 25% of the Contract Price
shall be valued in accordance with Clause
65.0.
67.0 CLAIMS
67.1 The Contractor shall send to the Engineer once
every month, an account of claims that he

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intends to make relating to the preceding

month giving detailed particulars for any
additional payment to which the Contractor may
consider himself entitled to other than
Variations initiated by the Engineer as
defined in Clause 65.
67.2 The Contractor shall then in due course, at

the earliest practicable opportunity, submit
his documentary evidence for the above said
claims to the Engineer for his consideration.
The Engineer shall then accept or reject the
same. In case the Engineer rejects the claim,
and the Contractor does not wish to pursue it
any further with Owner’s Representative then
the Contractor shall be assumed to have
accepted the Engineer’s decision as final and
the said claim shall be considered as
extinguished. In case the Engineer accepts the
claim, a formal variation order shall be
issued by him clearly specifying the nature of
claims and related cost implications on the
Contract Price.
67.3 Failure on the part of the Contractor to put

forward any such claim(s) up to the date of
the Interim Bill shall be considered as an
absolute waiver thereof and the Owner shall

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not in any way be liable in respect of the

same.
67.4 The Contractor shall confirm to the Owner by

way of Certificate given in Appendix ‘L’ that
he has no further claims on any account
whatsoever as on the date of interim bill.
67.5 INDIRECT AND CONSEQUENTIAL LOSSES

The Owner shall not be liable to the
Contractor for and the Contractor hereby
releases the Owner from any liability in
respect of indirect, special, punitive,
exemplary or consequential damages or losses
whether foreseeable or not at the date of the
Contract, including, without limitation, lost
profits or anticipated profits, lost
production, lost revenue, lost business or
business interruptions arising out of, or
related to, the performance of this Contract,
regardless of the cause (including but not
limited to the sole, joint or concurrent
negligence, strict liability, breach or
warranty, breach of duty (statutory or
otherwise), breach of Contract or any other
cause of action, whether under the Contract or
at law, or legal fault or responsibility of
Engineer, Owner, its personnel or

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representatives, nominees or any other person

connected to the Owner).
CERTIFICATES AND PAYMENTS
68.0 VALUATION
The valuation of interim bills shall be done
on the basis of a agreed ‘milestone based
payment schedule’, forming part of the
Contract. The Contractor shall be entitled to
submit to the Engineer requests for interim
payments on achievement of milestones
described in the said payment schedule. In
addition, the Contractor shall also be
entitled for payment against partial
achievement of milestone(s), provided that
such partial achievement, in the Engineer’s
opinion, exceeds 50%, as on the date of
interim bill. The Contractor has to ensure
that milestone(s) against which part payment
is released are fully achieved by the end of
subsequent billing cycle. However, in case
the Contractor fails to achieve such
milestone(s), the Engineer shall recover the
part payment released against such
milestone(s). Subsequently, payment against
these milestone(s) shall be released only
after they are fully achieved. However, the

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valuation of Variations shall be done by

measurements in accordance with Clause 69.0
and 70.0
69.0 WORKS TO BE MEASURED

69.1 The Engineer shall, when he requires any part
of the Works to be measured, give a reasonable
notice to the Contractor's authorised agent or
representative, who shall attend or send a
qualified representative to assist the
Engineer or his representative in making such
measurements, and shall furnish all
particulars required by them.
69.2 Measurements shall be signed and dated by both

the Parties, on the completion of each set of
measurements. If the Contractor objects to any
of the measurements recorded by the Engineer,
the Contractor or their authorised
representative shall record a note to this
effect in the measurement book against the
items objected to and such a note shall be
signed and dated by both the Contractor and
the Engineer or their representatives.
69.3 If the Contractor fails to attend or neglects

or omits to send his authorised
representative, then the measurements made by

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the Engineer or approved by him shall be taken

to be correct measurement of the Works. If
after examination of such record of
measurements, the Contractor does not agree
with the same or does not sign the same as
agreed, these shall nevertheless be taken to
be correct, unless the Contractor shall have
within fourteen days of such examination,
notified the Engineer in writing in which
respect the measurements recorded are claimed
by him to be incorrect. The Engineer after
considering the objections raised in the
notice given by the Contractor, shall either
confirm or vary the measurements, and such
measurements determined by the Engineer shall
be final.
70.0 METHOD OF MEASUREMENT

The Works shall be measured net,
notwithstanding any general or local custom,
as per the method of measurement set out in
the Bills of Quantities and Specifications. In
case no method of measurement has been
specified in the Bill of Quantities and
Specifications, then the Works including
additional items of work, shall be measured as
per the method of measurement specified in the
C.P.W.D. Specifications 2009 including

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amendments as may be in force from time to

time and for items not covered by the C.P.W.D.
Specifications, as per IS:1200-Method of
Measurement for Building Works (respective
part), in that order of precedence.
71.0 MOBILISATION ADVANCE

71.1 The Owner agrees to pay an interest free
mobilization advance to the Contractor,
against submission of an unconditional and
irrevocable Bank Guarantee, in a format given
by the Owner in Appendix “D”, from a Scheduled
Bank or a Bank approved by the Owner. The
amount of mobilisation advance shall be as
mentioned in Appendix “A” of the General
Conditions of Contract. The Owner shall
release the mobilisation aAdvance only after
the Contractor furnishes the bank guarantee
for mobilization advance and Performance Bond
and the same is accepted by the Owner.
71.2 The mobilisation advance shall be recovered

from the running account bills on pro-rata
basis of the balance value of work to be done,
in such a way that the entire advance is
adjusted by the time 80% of the gross value of
work is executed and paid. The bank guarantee
for mobilisation advance shall remain valid

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110
until the mobilisation advance has been

repaid. If the mobilisation advance has not
been repaid by the date 28 days prior to the
expiry of the bank guarantee, the Contractor
shall extend the validity of the bank
guarantee until the mobilisation advance has
been repaid.
72.0 CERTIFICATE NOT TO AFFECT CONTRACTOR’S

LIABILITY
No certificate, neither any interim payment,
nor any sum paid on account by the Owner, nor
any extension of time for execution of the
Works granted by the Owner shall affect or
prejudice the right of the Owner against the
Contractor or relieve the Contractor of his
obligations for due performance of the
Contract, or be treated as waiver of the
Owner’s rights or approval of the Works done
or of the equipment supplied till the expiry
of the Maintenance Period. Further, no
certificate shall create liability for the
Owner to pay for alterations, amendments,
variations or additional works not ordered, in
writing, by the Owner or discharge of the
liability of the Contractor for the payment of
damages whether due, ascertained or certified

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or not, or any sum, against the payment of

which he is bound to indemnify the Owner under
the Contract or otherwise affect or prejudice
the rights of the Owner against the
Contractor.
73.0 INTERIM BILLS

73.1 During the execution of the Works, the
Contractor shall at intervals of 30 (Thirty)
days on the dates agreed between the Engineer
and the Contractor, submit interim bills in
the proper form and manner as required in this
Contract, in four copies, showing the value of
the Works executed based on measurement of
Works and/or achievement of milestones in
accordance with clause 68.0, subject to the
condition that the Contractor has already
submitted the Performance Bond of appropriate
value as specified in Appendix “A”. Each bill
shall be accompanied by a compliance
certificate in the form prescribed by the
Owner as given in Appendices “F” and “M” and
also a “No Claims Certificate” as given in
Appendix “L”. In the absence of the above said
certificates, the bill shall be treated as
incomplete and invalid for payment.
73.2 The Engineer shall approve the quality and

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quantity (wherever required) of materials,

equipment and workmanship and adherence to the
details as per Drawings, Specifications and
the Engineer’s instructions and render
certificates accordingly, before he certifies
to the Owner the interim bill for payment to
the Contractor.
73.3 The Engineer shall check interim bills along

with material reconciliation calculations of
“Free Issue Materials”, if any. The Contractor
shall also be required to provide details of
all dimensions, measurements, calculations,
vouchers, site store record, receipts, bills
etc. which the Engineer may request for proper
verification of the same. In the event of any
discrepancy, the Engineer shall adjust the
value shown in the Interim Bills. For all free
issue materials, wastage / scrap shall be the
sole property of the Owner.
73.4 All interim payments shall be treated as

payments by way of advances against final
payment and not as payments for the work done
or be considered in any way, as an admission
of the due performance of the Contract.
Interim payments by the Owner shall not
operate to release or absolve the Contractor

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in any manner whatsoever from any obligations

or liabilities under the Contract.
73.5 Inclusion of any Works executed in any interim

bill and payment of such interim bills shall
not be deemed to constitute approval by the
Engineer of any such Works or materials, nor
shall it in any way affect the rights of the
Owner under this Contract.
73.6 The interim bill shall be paid within 30

(Thirty) days of its presentation after
deduction of advances, Retention Money and all
other dues.
73.7 From the amount of the interim bill certified

by the Engineer, the Owner shall deduct an
amount towards Retention Money, as specified
in Appendix “A”.
73.8 The Engineer may by a fresh certificate

correct or modify any previous certificate and
shall have power to withhold any certificate,
if the Works or any part thereof are not being
carried out to his or the Owner's
satisfaction, due notice of such withholding
being given to the Contractor.
73.9 Property and ownership in all materials,

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equipment and Works shall vest in the Owner,

in whole or in parts, upon the earlier of
when:
(a) payment of the interim bills or payments

are made against work done;
(b) incorporation of such materials,
equipment, fittings, fixtures into the
Works; or
(c) a high seas purchase contract is
executed by the Owner pursuant to the
Contract; or
(d) termination (either foreclosure or
determination) of the Contract.
Transfer of title to the Owner pursuant to

this Clause 73.9 shall in no way affect the
Owner’s rights or remedies as set forth in
other provisions of the Contract and the
passage of title shall not release or absolve
the Contractor in any manner whatsoever from
its responsibility to perform fully its
obligations hereunder. Risk of any loss or
damage to any materials or the Works or any
part thereof shall lie on the Contractor until
the care and custody of the Works passes on to
the Owner; provided that notwithstanding the

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care and custody being passed on to the Owner,

the Contractor shall remain liable till expiry
of the Maintenance Period, to make good any
loss, rectify any defect or damages to the
Works executed by the Contractor or the
materials brought by him, due to any reason
whatsoever. In case the Contractor fails to
make good any loss or damage to the Works or
the materials, the Owner will be entitled to
recover the loss, rectify the defect or make
good the damage and procure the materials, at
the risk and cost of the Contractor. Further,
in the event of termination of the Contract,
the Contractor shall be responsible for the
care of the Works until the date of
foreclosure/determination. Subject to the
foregoing, the Owner shall take over the care,
custody and control of the Works or the
relevant Section(s) of the Works, as
applicable, on the date specified in the
Completion Certificate.
74.0 FINAL BILLS

74.1 Not later than 45 days after the Engineer
issues the Completion Certificate, the
Contractor shall submit to the Engineer
4(Four) copies of the final bill with

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supporting documents including the labour

compliance certificate, structural quality and
structural stability certificates,
waterproofing performance guarantee
certificates (in the form prescribed by the
Owner in Appendix “F”, “K”, “N”, “H” and “J”
respectively), including showing in detail the
measurements (wherever required) and value of
the work done in accordance with the Contract,
the payments received by him and all other
recoveries and deductions to be effected from
the Contractor. Within 90 days of the receipt
of the final bill and of all information
reasonably required for the verification of
the final bill, the Owner’s Representative
shall approve and render a certificate to the
Owner, that he has satisfied himself that the
work executed is as per the Specifications
and to his satisfaction. In case the Owner’s
Representative does not approve any part of
the work, he shall indicate whether to order
the Contractor to rectify the defects or
alternatively to reappraise the quality of the
work done for price adjustments.
74.2 On receipt of the said certificate from the

Owner’s Representative, the Engineer shall
verify that all contractual requirements have

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been met, get the dimensions, calculations

etc. verified (wherever required) and certify
to the Owner the balance payment due to the
Contractor after making adjustments for all
the payments made to the Contractor and
recoveries, if any, due from the Contractor,
within 60 days of the receipt of the
certificate from the Owner’s Representative
under Clause 74.1. The Owner shall pay the
final bill amount to the Contractor within 30
days of the Engineer rendering his certificate
to the Owner for payment of the final bill to
the Contractor.
PRICE ESCALATION
75.0 ESCALATION
The Contract Price shall be deemed to cover any
escalation in prices of materials, labour,
consumable and any other inputs to the Works
during the contract period including any
extensions, and any claim by the Contractor for
any escalation/additional costs shall not be
admissible.
75.1 DELETED

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MAINTENANCE & DEFECTS
76.0 MAINTENANCE PERIOD

The period of maintenance shall mean a period
of 12 months reckoned from the certified date
of completion of the Works or in the event of
more than one Completion Certificate (in case
the Works are to be completed and taken over
in Sections), 12 months from the respective
dates so certified by the Engineer for
Section, during which the Engineer shall
notify the Contractor of the defects or damage
to the Works. The Contractor would then be
required to rectify the defect or carry out
repairs as specified by the Engineer.
77.0 RECTIFICATION OF DEFECTS/REPAIRS

Should the Engineer consider, at any time
during the construction or reconstruction or
prior to the expiration of Maintenance Period,
that any work has been executed with sub-
standard or imperfect materials or by un-
skilful workmanship or of a quality inferior
to that contracted for or not otherwise in
accordance with the Contract, then in that
event, the decision of the Engineer shall be
final and binding. The Contractor shall, on
demand in writing from the Engineer,

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specifying the fault, notwithstanding that the

same may have been inadvertently passed,
certified and paid for, rectify forthwith or
remove and reconstruct the defective work so
specified, in whole or in part, as the case
may require, at his own cost and risk; and in
the event of his failing to do so within the
period specified by the Engineer in his
demand/ direction, the Owner, may carry out
the work by other means at the risk and
expense, in all respects, of the Contractor.
78.0 MAINTENANCE CERTIFICATE

78.1 The Contract shall not be considered as
completed until a Maintenance Certificate
shall have been issued by the Engineer,
stating that the Works have been completed and
maintained to his satisfaction and that all
the defects notified had been rectified. The
Maintenance Certificate shall be given by the
Engineer within three months after the expiry
of the Maintenance Period, subject to the
Contractor having completed the
repair/rectification of all defects notified
during the Maintenance Period. If different
periods of maintenance shall become applicable
to different Sections , then the expiry of the
latest such period or as soon thereafter as

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any Works ordered to be rectified during such

period and completed to the satisfaction of
the Engineer will be considered not
withstanding any previous entry on the Works
or the taking possession or using thereof by
the Owner.
78.2 Provided that in the case of fraud,

concealment of fraudulent concealment relating
to the Works or materials or to any matter
dealt with in any certificate the Maintenance
Certificate shall not be conclusive evidence
as to the sufficiency of the Works done.
SAFETY
79.0 SAFETY PROCEDURE

79.1 The Contractor shall incorporate in his
operations the requirements of all the 'Safety
Codes' issued by the Bureau of Indian
Standards and provisions of the National
Building Code of India 2005 including any
amendments thereof, The Building and Other
Construction Workers (Regulation of Employment
and Conditions of Services)Act, 1996 and any
other applicable statutory rules and
regulations. These requirements shall apply in

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all cases except where the regulations of the

local authority require more stringent
measures to be taken. Where the requirements
of BIS Codes and/or National Building Code,
the Building and Other Construction Workers
(Regulation of Employment and Conditions of
Services) Act, 1996 are duplicated by the
local regulations or the “Safety Manual”
provided by the Owner, the more stringent of
these regulations shall be deemed to apply.
The Safety Manual provided by the Owner is
only suggestive and shall not cast any
liability on the Owner.
79.2 The Contractor shall provide safe means of

access to all working places.
79.3 The Contractor shall be solely responsible for

proper design of the scaffolding, temporary
accesses, ladders and ramps, formwork and
hoisting arrangements, cranes etc. to ensure
safety of workmen as well as the Works. All
scaffolds, ladders and other safety devices
shall be maintained in safe conditions. Only
tubular scaffolding shall be used.
79.4 All necessary personal safety/protective

equipment, first aid kit, medically trained

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personal, fully equipped ambulance and any

other facilities as per the statutory
requirements should be always available on the
Site for use. The Contractor shall take
adequate steps to ensure proper maintenance
and use of equipment by his
employees/staff/personnel and workers.
79.5 Adequate precautions shall be taken to prevent

danger from electrical equipment.
79.6 No materials on the Site of work shall be so

stacked or placed as to cause danger or
inconvenience to any person or the public.
79.7 The Contractor shall provide and maintain all

necessary temporary fire protection and fire
fighting facilities at the Site during the
execution of the Works in accordance with the
National Building Code of India 2005 and the
statutory regulations. The Contractor shall
ensure that all gases, fuel and other
dangerous and explosive materials and goods
are stored and handled in a safe manner and in
accordance with the statutory regulations.
79.8 The Contractor shall notify the Engineer

immediately of any occurrence of mishaps or

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accidents that results in death or injury

(including grievous injury) as defined in the
Indian penal code. Such initial notification
may be verbal and confirmed in writing
thereafter and shall be followed by a
comprehensive written report within 24 hrs of
the occurrence/incident. The Contractor shall
duly complete standard forms as required by
the Engineer and statutory authorities.
79.9 It is made clear that the Contractor alone as

the Principal Employer, is answerable and
liable to all investigating and legal
authorities including court of Law and the
Owner shall not have any part or liability in
this regard. The Contractor alone shall be
responsible and liable to compensate the
victims immediately on the occurrence of the
mishaps or accidents and also protect and
indemnify and hold harmless the Owner, the
Engineer and all persons who may be associated
with or connected with the Owner or the
Engineer and to reimburse all legal and
financial costs, if incurred, by them in this
regard.
79.10 All consequences, damages or losses arising by

reason of any violation of the safety

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requirements resulting in any injury or loss

of life to the Contractor’s or any Sub-
Contractor’s employees/staff/personnel and
workers/third party (non-fatal/fatal) shall be
met by the Contractor who alone will be
responsible for handling and disposal of the
accidental cases with Government/non-
Government authorities. The Contractor shall
be bound to pay compensation to the persons
for the injuries sustained or death owing to
neglect of the safety precautions should any
claim proceedings be filed against the
Owner/Engineer. The Contractor hereby agrees
to indemnify the Owner and the Engineer
against all liabilities and keep the Owner,
his employees, personnel, agents,
representatives and anyone connected with the
Owner, protected from civil and criminal
prosecution in such cases and be answerable
for the same before all authorities.
79.11 Within one week of Commencement Date, the

Contractor shall submit to the Engineer, a
detailed and comprehensive Contract specific
“Site Safety Plan”, based on the requirements
stated in clause 79.1 above. The Site Safety
Plan shall include detailed policies,
procedures and regulations which, when

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implemented will ensure safety of all the

persons, including third parties on or in the
vicinity of the Site (including without
limitation persons to whom access to the Site
has been allowed by the Contractor). The
Contractor shall, from time to time as
necessary, produce supplements to the Site
Safety Plan such that it is at all times a
detailed, comprehensive and contemporaneous
statement by the Contractor of his Site safety
and industrial health, obligations,
responsibilities, policies and procedures
(under the laws of India) or as stated in the
Contract or elsewhere relating to work on
Site.
79.12 Any omission, inconsistency or error in the

Site Safety Plan or the Engineer’s concurrence
or rejection of the Site Safety Plan and/or
supplements thereto shall be without prejudice
to the Contractor’s obligations with respect
to Site safety and industrial health and shall
not excuse any failure by the Contractor to
adopt proper and recognized safety practices
throughout the execution of Works.
79.13 The Contractor shall adhere to the Site Safety

Plan and shall ensure that all Sub-Contractors

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of all tiers have copy of the Site Safety Plan

and comply with its provisions. The Contractor
shall appoint a qualified and experienced
person as Site safety officer to act as
manager of the Site Safety Plan and who will
be responsible for all safety matters related
to the Works. The Contractor shall, from time
to time, provide such other personnel and
resources as may be required to ensure
effective operation of the Site Safety Plan.
The said Site safety officer shall submit
regular safety reports to the Engineer in
accordance with the requirements of the
Engineer and all relevant statutory
authorities, as required by applicable laws
and regulations. The Contractor shall submit
on a monthly basis a certificate of compliance
for Health, Safety and Environment as given in
Appendix “M”.
FORECLOSURE AND DETERMINATION OF CONTRACT
80.0 FORECLOSURE OF CONTRACT

80.1 If at any time after the commencement of
Works, the Owner shall, for any reason
whatever, not require the whole or part of the
Works specified in the tnder, the Owner shall
give notice in writing to the Contractor for

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termination of the Contract in respect of the

remaining Works or any part thereof and
thereupon the Contract Price shall be deemed
to have been reduced by the amount
attributable to the Works not required. The
Owner shall not be required to assign any
reasons whatsoever for such
termination/foreclosure and the Contractor
shall have no claim to any payment of
compensation whatsoever on account of any
profit or advantage which he might have
derived from the execution of Works in full
but which he did not derive in consequence of
the full amount of work not having been
carried out. The Contract shall stand
terminated, in whole or in part (as the case
may be), after the expiry of a period of
twenty-one (21) days from the date of the
notice from the Owner.
80.2 The Contractor shall be paid for the Works

executed at Site and in addition, a reasonable
amount as certified by the Engineer for the
following which could not be utilized on the
Works to the full extent because of the
foreclosure:
a) The amounts payable in respect of any

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preliminary items so far as the work or

service comprised therein has been
carried out and a proper proportion as
certified by the Engineer of any such
items, the work or service comprised in
which has been partially carried out or
performed.
b) Cost of materials reasonably ordered for

the Works which shall have been
delivered to the Contractor or which the
Contractor is legally liable to accept
delivery, such materials becoming the
property of the Owner upon such payments
being made by him.
A sum to be certified by the Engineer being

the amount of any expenditure reasonably
incurred by the Contractor, in the
expectation of completing the whole of the
Works, in so far as such expenditure shall
not have been covered by the payments made to
the Contractor.
Payment of the amounts under in terms hereof

to the Contractor shall be the sole and
exclusive liability of the Owner and the sole
and exclusive remedy of the Contractor, with

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respect to foreclosure of the Contract.
80.3 Provided that, against any payments due from

the Owner under this clause, the Owner shall
be entitled to be credited with any
outstanding balances due from the Contractor
for any advances including mobilization
advance in respect of materials and otherwise
and any other sum which on the date of
foreclosing was recoverable by the Owner from
the Contractor under the terms of Contract.
Upon receipt of notice to terminate (in whole
or in part) from the Owner, the Contractor
shall discontinue the work from that date
specified in the notice and to the extent
specified in the notice, commence
demobilization to the extent that they are
related to the Works terminated or reduced in
scope, on terms satisfactory to the Owner. The
Contractor shall also stop all further sub-
contracting or purchasing activity related to
the Works terminated or reduced in scope, and
assist the Owner in maintenance and protection
of the completed Works.
81.0 DEFAULT OF CONTRACTOR

81.1 The Owner may, without prejudice to its other
rights and remedies under the Contract or at

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law, terminate the Contract with fourteen (14)

days notice in writing to the Contractor, in
case of a default by the Contractor. The
events of default of the Contractor shall
include:
(i) if the Contractor becomes bankrupt, or

being a corporation goes into
liquidation or winding-up or the
Contractor itself commences bankruptcy,
insolvency, reorganization, stay,
moratorium or similar debtor-relief
proceedings or insolvency, receivership,
reorganization or bankruptcy proceedings
are brought against it and the
proceedings are not discharged or stayed
by the appropriate Court of Law within
90 days of such proceedings being
initiated, or the Contractor becomes
insolvent or unable to pay its debts as
they become due, or admits in writing
its inability to pay its debts or makes
an assignment for the benefit of its
creditors. However a voluntary
liquidation for the purposes of
amalgamation or reconstruction or
reorganisation may not constitute a
default of the Contractor provided that:

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(a) as part of such amalgamation or

reconstruction or reorganisation,
the entire property, assets and
undertaking of the Contractor are
transferred to the amalgamated or
reconstructed or reorganised entity
and the amalgamated or reconstructed
or reorganized entity has
unconditionally assumed the
obligations of the Contractor under
the Contract; and
(b) the amalgamated or reconstructed or

reorganized entity has the
capability and experience required
for the performance of its
obligations under the Contract; and
(c) the amalgamated or reconstructed or

reorganized entity has the financial
standing to perform its obligations
under the Contract;
(ii) if the Contractor assigns the Contract

or any right, interest or benefit
thereof without the prior consent in
writing of the Owner;
(iii) if the Contractor has an execution

levied on his goods or other assets;

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(iv) if there is any misrepresentation by the

Contractor in any representation or
warranty of the Contractor set forth in
the Contract, or the omission by the
Contractor of any fact which renders any
such representation or warranty
materially misleading, untrue or
incorrect;
(v) if the Contractor fails to pay the Owner

any amount under the Contract (including
but not limited to liquidated damages)
within [fourteen (14) days] of the due
date;
(vi) If the Engineer certifies in writing to

the Owner that in his opinion the
Contractor:
a) has, repudiated or abandoned or

manifested an intention to
repudiate or abandon the Contract,
or
b) has, failed to commence the Works

or has suspended the progress of
the Works for twenty eight days
after receiving from the Engineer
written notice to proceed, or

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c) has, failed to remove materials

from the Site or to pull down and
replace any work for twenty eight
days after receiving from the
Engineer, a written notice that the
said materials or work has been
rejected under these conditions, or
d) has, despite previous warnings by

the Engineer, in writing, is not
executing the Works in accordance
with the Contract, or is
persistently or flagrantly
neglecting to carry out his
obligations under the Contract, or
e) has, to the detriment of good

workmanship, or in defiance of the
Owner's instructions to the
contrary, sublet any part of the
Contract, or
f) has failed to ensure that the

Works are in compliance with all
laws and permits to the extent
applicable to the Works, or
g) has, breached any of the terms and

conditions of the Contract.

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Upon termination of the Contract by the Owner

on account of the Contractor’s default, the
Owner or any person designated by the Owner may
enter upon the Site and Works without releasing
the Contractor from any of his obligation or
liabilities under the Contract, or affecting
the rights and powers conferred on the Owner by
the Contract and the Owner may either himself
complete the Works or may employ any other
contractor to complete the Works. The Owner or
such other contractor may use, for such
completion, so much of the Constructional
Plant, Temporary Works and materials, which
have been deemed to be reserved exclusively for
the execution of the Works, under the
provisions of the Contract, as the Owner may
think proper; and the Owner may, at any time,
sell any of the said Constructional Plant,
Temporary Works and unused materials and apply
the proceeds of sale in or towards the
satisfaction of any sums due or which may
become due to him from the Contractor under the
Contract.
81.2 The Engineer shall, as soon as may be

practicable after any such determination by
the Owner, fix and determine ex-parte, or by
or after reference to the Contractor and shall

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certify what amount, if any, had at the time

of such determination been reasonably accrued
to the Contractor in respect of the Works then
actually done by him under the Contract and
the value of any of the said unused or
partially used materials, and Temporary Works,
if any.
81.3 If the Owner determines the Contract under

this Clause, he shall not be liable to pay to
the Contractor any money on account of
termination of the Contract until the
expiration of the Maintenance Period and
there-after until the costs of execution and
maintenance, damages for delay in completion,
if any, and all other expenses incurred by the
Owner for completion of the works have been
ascertained and the amount thereof certified
by the Engineer. The Contractor shall then be
entitled to receive only such sum or sums, if
any, as the Engineer may certify would have
been payable to him upon due completion by him
after deducting the said amount and the
Contractor shall then be paid accordingly, or
if the costs incurred by the Owner (as
certified by the Engineer) exceeds the sums
payable to the Contractor, the Contractor
shall pay the difference to the Owner

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forthwith. Payment of the amounts under in

terms hereof to the Contractor shall be the
sole and exclusive liability of the Owner and
the sole and exclusive remedy of the
Contractor, with respect to termination of the
Contract.
81.4 The Retention Money and the Performance Bond

kept towards Contract performance, valid till
the end of the Maintenance Period, will be
released only after the expiry of the
Maintenance Period.
81.5 The Contractor shall not be entitled to any

compensation for the loss or any advantages
that it might have derived from the execution
of Works in full if his Contract is determined
due to the reasons stated in the above clause
81.
81.6 The warranty obligations of the Contractor
during the Maintenance Period with respect to
all the Works performed prior to the
termination of the Contract under Clause 80 or
Clause 81 shall survive termination of the
Contract.
82.0 CHANGE IN CONSTITUTION

If the Contractor is a firm and if there is a

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change in the constitution of the firm after

or prior to the award of Contract, and if
prior approval is not obtained, the Contract
shall have been deemed to have been assigned
and the Owner reserves the right to determine
the Contract and the same consequences shall
follow, as if the Contract was determined due
to the Contractor's default.
TAXES, DUTIES, INDEMNITIES AND GURARANTEES
83.0 TAXES AND DUTIES

83.1 The Contract Price shall be deemed to include
all taxes, duties, levies, cess, charges,
octroi/entry tax including sales tax, service
tax, Value Added Tax (VAT) and taxes, duties,
levies, cesses, charges of any nature and by
whatever name called. The Contractor shall not
be entitled to make any claim on this account.
However the Contract Price shall be deemed to
exclude labour cess as may be applicable. The
Owner shall be entitled to deduct taxes at
source (in accordance with applicable laws)
from all payments made to the Contractor and
the necessary TDS certificates shall be issued
to the Contractor for such tax deductions. Any
such withholding of tax by the Owner shall
have no effect on the rates and prices for the

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Works and such rates and prices shall not be

liable to increase because of any withholding
of tax. The Contractor undertakes to mention
service tax and VAT separately in all invoices
submitted for payment to the Owner/Engineer.
83.2 In the event of any increase or decrease of

aforesaid from the date of issue of Letter Of
Intent / Award of Works, except income tax
payable by the Contractor, imposition of fresh
taxes or levies or cesses by the state or the
central government during the execution of the
Works shall be paid extra/ adjusted based on
acceptable documentary evidence(s) produced by
the Contractor. Any fines, interest, penalty
imposed because of delay in payment of taxes
shall be borne by the Contractor.
84.0 INDEMNITIES
84.1 If any action is brought before a court,
tribunal or any other authority against the
Owner or an officer or agent of the Owner for
the failure, omission or neglect on the part
of the Contractor to perform any acts,
matters, covenants or things under the
Contract, or failure to pay taxes in
accordance with applicable laws or damage or
injury (including any damage or injury to

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property) caused by alleged omission or

negligence on the part of the Contractor, by
his agents, representatives or his Sub -
Contractors or in connection with any claim
based on demands of Sub-Contractors workers,
suppliers or employers, the Contractor, shall
in such cases indemnify and keep indemnified
and hold harmless the Owner, the Engineer, and
all persons who may be associated with or
connected with the Owner or the Engineer from
all losses, damages, expenses or decrees
arising out of such action and reimburse all
legal costs incurred by the Owner, the
the Engineer to defend themselves.
84.2 If the Owner is entitled to be indemnified

under the Contract in respect of any claim
made against it, it shall notify the
Contractor. The Contractor may, at its own
expense, conduct all negotiations for the
settlement of the same and any litigation that
may arise in relation thereto, subject to the
Contractor indemnifying the Owner in respect
of any losses, costs, damages that the Owner
may have already incurred or may incur in
respect of such claim. Notwithstanding the

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foregoing, if the defendants in any litigation

include both the Owner and the Contractor, and
the Owner is of the opinion that there may be
legal defences available to it which are
different from or additional to those
available to the Contractor, the Owner shall
have the right to select separate counsel to
assert such legal defences and to otherwise
participate in any proceedings.
85.0 BONDS AND GUARANTEES

The Contractor shall execute bonds, guarantees
etc. in the format to be provided by the
Owner, through a Scheduled Bank or a Bank
approved by the Owner for sum(s) stated in the
General Conditions of Contract hereof or as
agreed upon from time to time. These bonds,
guarantees etc. shall be executed and
submitted by the Contractor only after
obtaining acceptance, in writing, from the
Owner.
86.0 MISSING MINOR DETAILS OF CONSTRUCTION

Contract Price shall be deemed to allow for
all minor construction details which may not
have been specifically shown on Drawings or
given in the Specifications but are essential

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for the execution of Works and services in an

acceptable manner, quality construction and
established engineering practices. Such minor
details of construction though may not be
specifically shown on Drawings/specified,
shall be furnished during the currency of the
Works. In case of difference of opinion
between the Contractor and the Engineer, the
Owner’s Representative shall determine as to
whether or not a certain item of work
constitutes minor construction detail, and his
decision shall be final and binding. Further,
it is understood and agreed that the Works may
be subject to further detailing by the Owner
in consultation with the Engineer/the
Architect, from time to time, and that the
Contractor shall receive no additional
compensation for such detailing to the extent
such detailing does not give rise to a
Variation and the Contractor shall be bound by
and strictly adhere to any such detailing of
the Works provided by or on behalf of the
Owner.
87.0 ELECTRICITY
87.1 The Owner may assist the Contractor to arrange
electric power from concerned local authority
at one point within the Site of Works. Further

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distribution lines, including step down

transformer if any, shall be installed by the
Contractor at his own cost. The electric
installation shall be maintained by the
Contractor with due regard to the safety and
laws applicable. The power consumed shall be
metered and shall be payable to the concerned
local authority by the Contractor at the rate
applicable from time to time. The Contractor
shall install diesel generating sets of
adequate capacity for stand-by electric power.
87.2 No claim for failure of electricity or its

intermittent/ inadequate supply due to
breakdown or other causes shall be admissible
and the Contract Price shall be deemed to be
inclusive of such a contingency and nothing
extra whatsoever shall be entertained on this
account.
88.0 WATER SUPPLY

The Contractor shall make his own arrangement
for water supply for construction, pumping,
storage, distribution both horizontal and
vertical including installation of booster
pumps and electrical connection for the same.
If permissible under law and feasible and
practicable, the Owner shall provide a tube-

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well, at one location within/near the site. No

claim of water shortage shall be accepted as a
reason for any stoppage of work or delay or
damage to any part of the construction due to
non-availability/erratic supply of electricity
and or water. The running cost of the tube
well shall be borne by the Contractor.
89.0 URGENT REPAIRS

If, by reason or any accident, or failure, or
other event occurring, either during the
execution of the Works, or during the
Maintenance Period, any remedial or other work
or repair shall, in the opinion of the
Engineer, be urgently necessary for the safety
of the Works and the Contractor is unable or
unwilling at once to do such work or repair,
the Owner may employ and pay other persons to
carry out such work or repair as the Engineer
may consider necessary. If the work or repair
so done by the Owner is the work which, in the
opinion of the Engineer, the Contractor was
liable to do at his own expense under the
Contract, all expenses properly incurred by
the Owner in so doing shall be recoverable
from the Contractor by the Owner or may be
deducted by the Owner from any monies due or
which may become due to the Contractor,

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provided always that the Engineer shall, as

soon after the occurrence of any such
emergency as may be reasonably practicable,
notify the Contractor thereof in-writing.
90.0 USE OF COMPLETED PORTIONS

The Owner shall have the right to take
possession of and use any completed or
partially completed portion of the Works, not-
withstanding the time for completing the
entire Works may not have expired but taking
such possession and use shall not be deemed
acceptance of any Works completed in
accordance with the terms of this Contract.
However during the use of such completed /
partially completed Works by the Owner, the
Contractor shall be suitably compensated in
case of any wear and tear / damage.
91.0 FORCE MAJEURE

91.1 “Force Majeure” is defined as events or
circumstance or combination of events and
circumstances including but not limited to
those stated below that materially and
adversely, wholly or partly prevents or
unavoidably delays the Party claiming such
Force Majeure (“Affected Party”) in the
performance of its obligations under Contract

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but only if and to the extent that such events

or circumstances are not within the reasonable
control, directly or indirectly, of the
Affected Party, are not the fault of the
Affected Party and could not have been avoided
or remedied by the Affected Party through the
exercise of reasonable skill or care.
Events of Force Majeure shall include the

following acts, events and circumstances to the
extent that such or their consequences satisfy
the above requirements:
(a) war, hostilities (whether declared or

not), invasion, act of foreign enemies;
(b) rebellion, terrorism, revolution,

insurrection, military or usurped power,
or civil war, riot, industry wide strikes
and labour disturbances having a
nationwide impact or industry wide
strikes and labour disturbances caused in
whole or part by another event of Force
Majeure (excluding any strikes or
lockouts which are attributable to the
Contractor or any Sub-Contractors or any
person for whom the foregoing are
responsible);

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(c) munitions of war, explosive materials,

ionising radiation or contamination by
radio-activity, except as may be
attributable to the use of any explosives
by the Contractor or any Sub-Contractor
or any person for whom the Contractor is
responsible;
(d) acts of God, including lightning,

drought, fire and explosion (to the
extent originating from a source external
to the Site), earthquake, volcanic
eruption, landslide, floods, cyclone,
typhoon, tornado or exceptionally adverse
weather conditions which are in excess of
the statistical measures for the last
hundred (100) years; or
(f) expropriation or compulsory acquisition

by any governmental instrumentality of
any material assets or rights of the
Owner;
(g) any other unlawful, unreasonable or

discriminatory action on the part of a
government instrumentality which is
directed against the Affected Party,
(excluding actions that constitute
remedies or sanctions lawfully exercised
as a result of breach by the Affected

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Party of any applicable Law which is

neither expropriatory nor discriminatory
in nature).
The Contractor acknowledges that Force Majeure

shall not include any unavailability or any
late delivery (except and to the extent caused
by any event of Force Majeure) of materials,
equipments or tools, or changes in cost of the
plant, machinery, equipment or materials for
the Works or any insufficiency or lack of funds
or any economic hardships or any change in
applicable laws. Further, the Contractor shall
not be relieved from its obligations under the
Contract to the extent that any negligence or
willful misconduct of the Contractor, any Sub-
Contractor or any other person for whom the
Contractor is responsible contributes to or
aggravates the impact of the event of Force
Majeure. An event of Force Majeure shall not
excuse either Party from its payment
obligations under the Contract.
91.2 The Affected Party shall give a notice within a

period of 15 days from the date of occurrence
of Force Majeure indicating its cause which it
is likely to last or affect execution and the
period for which it is likely to last or affect

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execution. The Contractor, in case it is the

Affected Party, shall use its reasonable
efforts to mitigate or limit any damage to or
delay in the performance of the Works on
account of the occurrence of the event of Force
Majeure and to mitigate and overcome the
effects of the same as soon as practicable and
shall cooperate with the Owner to develop and
implement a plan of remedial and reasonable
alternative measures to mitigate the effects of
the Force Majeure event.
91.3 The sole remedy available to the Contractor, in

the event of Force Majeure, shall be to
extension of Time for Completion of the Works
by a period to be determined by the Owner in
his sole discretion. No other remedy shall be
available to the Contractor against the Owner.
Further, where any performance of the
Contractor’s obligations under the Contract is
affected in part by an event of Force Majeure,
then after the application of insurance
proceeds to remedy the effect of such event,
the Contractor shall not be relieved of the
performance of that part of its obligations
hereunder which is not adversely affected.

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92.0 PERSONAL LIABILITY

Neither the Owner nor the Engineer nor the
Architect or their representatives nor any
representative or officer of the Owner shall
be personally bound or liable for the acts
inadvertently done or non performance of the
obligations due to inadvertence on his part or
any default or omission in the observance or
performance of any of the acts, matters or
things which are herein contained and which
are diligently carried out.
93.0 NON WAIVER OF DEFAULTS

Failure of the Owner or the Engineer to demand
strict performance of any terms and conditions
of the Contract or condonation by the Owner or
the Engineer of any breach by the Contractor
or any Sub-Contractor of any of the
stipulations and conditions of the Contract
shall in no way prejudice or affect or be
construed as a waiver of any rights and
remedies that the Owner/ Engineer may have and
will not be deemed a waiver of any subsequent
default under the terms and conditions of this
Contract.

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94.0 TECHNICAL EXAMINATION /AUDIT

94.1 The Owner reserves the right to have the work
inspected at any time by any person,
specialist, engineer, quantity surveyor,
officer or auditor, nominated by the Owner/
Engineer who shall be empowered to check the
records, estimates, structural designs
(prepared by the Contractor), Variations,
rates, measurements, interim and final bills
and the quality of work and materials. Such
inspections and observations by the nominated
person or persons or firm shall not absolve
the Contractor and his Sub-Contractors of
their own responsibility of supervisions,
quality and specifications of materials and
workmanship, structural soundness, safety and
other provisions, under the Contract. The
Contractor shall give all facilities to the
nominated person(s) to carry out their work.
94.2 The Contractor agrees to be subjected to a

third party audit at Site. The third party
auditor will be auditing the quality, quantity
wherever required), safety and statutory
compliances at Site. If the third party auditor
comes across any non-compliance, then on his
recommendation the Engineer shall have the
authority to suspend partly or fully the

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execution of Works till such non- compliances

are remedied by the Contractor. Any such
suspension of Works, shall not cast any
liability or costs on the Owner in any manner
whatsoever. The Contractor shall also not be
entitled to any compensation for the suspension
of Works for this purpose.
95.0 ENVIRONMENT PROTECTION:

95.1 The Contractor shall take all reasonable steps
to protect the environment (both on and off
the Site) and to limit damage and nuisance to
people and property resulting from pollution,
noise and other results of his operations. The
Contractor and his Sub-Contractors shall abide
at all times, with all existing enactments on
environmental protection and rules made there
under, regulations, notifications, and bye-
laws of the state or central government or
local authorities and any other law, bye-laws,
regulations that may be made applicable in
this regard in future. The Contractor shall
ensure that air emissions, surface discharges
and effluents from the Contractor’s activities
do not exceed the values prescribed by the
applicable laws. The Contractor shall submit
on a monthly basis a certificate of compliance
for health, safety and environment as given in

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Appendix “M”.
95.2 Within one week of the Commencement Date, the

Contractor shall submit to the Engineer, a
detailed and comprehensive “Site Environment
Plan”, complying with his obligations in
relation to environment including but not
limited to all statutory and regulatory
requirements.
96.0 INDUCEMENT AND COLLUSION
The Owner shall be entitled to terminate the

Contract and recover from the Contractor, the
amount of any loss resulting in such
termination in the event of any of the
following:
a) If the Contractor shall have offered or given

to any person or any personnel of the Owner,
directly or indirectly involved with the
Contract or any other contract of the Owner,
any gift or consideration of any kind as an
inducement or reward for doing, or for
forbearing from doing any action in relation
to obtaining, or in the execution of this
Contract or any other contract with the Owner.

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b) If any of the acts stated in para (a) above,

shall have been done by any person employed by
the Contractor or acting on his behalf whether
with or without the knowledge of the
Contractor.
c) If the Contractor shall have entered into any
agreement with another Contractor(s) whereby an
agreed quotation or estimate shall be offered
as a tender to the Owner by such Contractor(s).
97.0 SERVICE OF NOTICES ON CONTRACTOR

97.1 All certificates, notices or written orders to
be given by the Owner or the Engineer to the
Contractor under the terms of the Contract
shall be served by sending by registered post,
courier or delivering the same with stamped
acknowledgement to the Contractor's principal
place of business, or such other address as
the Contractor shall nominate for this purpose
97.2 All notices to be given to the Owner or to the

Engineer under the terms of the Contract shall
be served by sending by registered post, or
courier or delivering the same with stamped
acknowledgement to the respective addresses
nominated by the Owner for that purposes.

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98.0 CONFIDENTIAL INFORMATION OR CONFIDENTIALITY

Confidential Information or Confidentiality
means and includes the terms and conditions of
this Contract and other documents & data
received in relation thereto and/ or the
Works, all information, particulars of the
Works, business policies or practices,
customers, potential customers or suppliers of
information, trade secrets, technology,
technical or commercial information, whether
oral, written, visual, tangible, intangible,
whether in electronic or printed form or
otherwise, made by (or on behalf of) the Owner
or obtained directly or indirectly by the
Contractor from the Owner or Owner’s
affiliates/ representatives, or that which is
generated, supplied, accessed or otherwise
received by the Contractor under this
Contract. Confidential Information shall
exclude:
a) already known to Contractor at the time it is

disclosed, or that
b) has become publicly known through no wrongful
act of Contractor;
c) has been rightfully received from a third
party without restriction on disclosure and
without breach of this Contract;

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d) has been independently developed by

Contractor;
e) has been approved in writing for release by
Owner prior to disclosure;
f) required to be disclosed pursuant to
requirements of a governmental agency or
disclosure required by operation of law,
provided that Contractor shall give the Owner
reasonable advance notice prior to such
disclosure and undertakes to contest such
requirement of disclosure.
99.0 FULL EFFECT TO THE CONTRACT PROVISIONS:

In order to give full effect to the provisions
of this Contract, the Contractor hereby agrees
to waive all his rights, in the interest of
smooth execution of Works, in so far as they
are inconsistent with, or contradictory to the
provisions of the Contract, which the
Contractor, but this provision, would
otherwise be entitled to, under any
regulation(s), legislation(s)/ statute(s).
100.0 LAWS GOVERNING THE CONTRACT:

The Contract shall be governed by the Indian
laws for the time being in force.

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ARBITRATION
101.0 ARBITRATION
101.1 All or any disputes arising out of, connected
with, touching upon, concerning or in relation
to the terms of this Contract, including the
interpretation and validity of the Contract,
in relation to Works or any term(s) hereof and
the respective rights and obligations of the
Parties shall be settled amicably by mutual
discussions co-operation and consultation in
the first place.
101.2 Failing the amicable settlement of disputes, as

aforesaid, by mutual discussions, the same
shall be resolved through arbitration. The
arbitration shall be governed by the
Arbitration and Conciliation Act, 1996 or any
statutory amendments/ modifications thereof for
the time being in force. The Parties have
agreed that the arbitration proceedings shall
be held at an appropriate location as may be
decided by the Owner. The arbitration
proceedings shall be conducted by a sole
arbitrator who shall be appointed by the Owner
and whose decision shall be final and binding
upon the Parties. The Contractor hereby
confirm(s) that he shall have no objection to

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such appointment even if the person so

appointed as the sole arbitrator by the Owner
is an advocate or employee/personnel of the
Owner not connected with the Contract/ Works or
is otherwise connected with the Owner and the
Contractor agrees and confirms that
notwithstanding such relationship or connection
he shall not raise any dispute at the time of
the arbitration proceedings as to the
independence or impartiality of the arbitrator
appointed by the Owner. The arbitration
proceedings shall be conducted in english
language only and the place of arbitration
shall be New Delhi. Costs of arbitration shall
be shared equally between the Parties.
101.3 Subject to Clauses 101.1 and 101.2, the cCourts

in Delhi alone and the High Court of Delhi at
New Delhi alone shall have jurisdiction
concerning all matters in terms of the Contract
including the arbitration proceedings.
101.4 Performance under the Contract Agreement shall

continue unabated during arbitration
proceedings and no payment due or payable by
one Party to the other shall be withheld unless
any such payment is or forms as part of the
subject matter of the arbitration proceedings.

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101.5 The Party invoking arbitration shall specify

the disputes to be referred to arbitration
under this clause together with the amounts
claimed or any other remedy demanded in respect
of each such dispute.
101.6 The arbitral proceedings in respect of

particular dispute shall commence on the date
on which a request for reference of that
dispute for arbitration is received by the
other side.
101.7 The arbitrator shall give his award separately

on each individual item in dispute. The
arbitrator shall also give reasons for arriving
at the conclusion separately for each item in
dispute.
101.8 The award of the arbitrator shall be final,

conclusive and binding on both the Parties to
this Contract.
102.0 PROVISIONAL SUMS

“Provisional Sums” means estimated amounts for
those elements of the Contract Price as
specifically identified in the Contract. Each
Provisional Sum shall only be used, in whole or

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in part, in accordance with the Engineer's

instructions, and the Contract Price shall be
adjusted accordingly. The total sum paid to the
Contractor shall include only such actual
amounts, for the work, supplies or services to
which the Provisional Sum relates, as the
Engineer shall have instructed. For each
Provisional Sum, the Engineer may instruct;
(a) work to be executed directly by the

Contractor and valued under Clause 65.4; and/or
(b) work to be executed by the Sub-Contractor

or a Nominated Sub-Contractor. In such an
event, the Contractor shall be entitled to the
actual amounts paid (or due to be paid) by the
Contractor, and a sum for coordination
responsibilities, overhead charges and profit,
calculated as a percentage of these actual
amounts by applying the relevant percentage
rate stated in Appendix ‘A’.
The Contractor shall, when required by the

Engineer, produce quotations (minimum three),
invoices, vouchers and accounts or receipts in
substantiation.
103.0 PRE-COMISSIONING TESTS AND TRIAL OPERATIONS

On completion of erection of the equipment and

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before start up, each item of the equipment

shall be inspected by the Contractor and the
Engineer jointly for the correctness and
completeness of the installation. Thereafter,
the Contractor shall carry out all pre-
commissioning tests. The Contractor and the
Engineer shall sign the results of such pre-
commissioning tests jointly. On conclusion of
satisfactory pre-commissioning tests, the
installation shall be put on trial operation
during which period all necessary adjustments
shall be made while operating over the full
load-range. The trial operation shall be
considered successful if the installation is in
operation continuously on full load for a
period specified by the Engineer with all vital
safety operations maintained. Should the
continuous operation of the installation during
the trial operation be interrupted due to
either difficulty with the installation, or
otherwise, then the trial operation shall run
again for the period specified. The readiness
of the installation shall be notified in
writing, to the relevant local/statutory
authority for their inspection and
certification that the installation meets all
the statutory requirements and authorisation
for their commissioning and commercial use.

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104.0 PERFORMANCE TESTS

Performance tests shall be conducted at Site, by
the Engineer to determine compliance of each
equipment with the specified performance. The
Contractor shall make the unit ready for such
tests and assist the Engineer in conducting such
tests. The tests shall be commenced after
successful completion of trial operations.
Performance tests shall be binding on both the
Parties to the Contract. All equipment, tools
and tackles including special instruments
required for conducting performance tests shall
be provided by the Contractor at his cost.
The guaranteed performance figures of the

equipment(s) shall be proved by the Contractor
during performance tests. Should the results of
these tests show any decrease/increase from the
guaranteed values, the Contractor shall
modify/replace the equipment(s) as required to
enable it to meet the guarantees. In such cases,
performance test shall be repeated within one
month, from the date the equipment is ready for
re-test; and all cost for replacement
/modifications including labour, materials and
the cost of additional testing to prove that the
equipment meets the guarantees, shall be borne
by the Contractor.

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Minor defects, which do not affect the safe

operation of the equipment at the rated
capacity, if accepted by the Engineer, shall not
be considered as the reason for the installation
being not ready for handing over. These defects
will be notified to the Contractor and will be
rectified by the Contractor in mutually agreed
time schedule.
After the relevant local/statutory authority has

inspected the installation and they authorize
the commissioning and commercial use, the
Contractor shall handover the installation to
the Owner in Writing. The Contractor shall
however ensure that all technical requirements
of installation are complied with for completion
and handover.
The Owner reserves the right not to take over

the installation unless the Contractor furnishes
all the essential drawings and documents
prescribed in the Contract.
105.0 APPROVAL FROM AUTHORITIES

The Contractor shall obtain
approvals/certificates from the concerned
local/statutory authorities, at his own cost,
for the operation of lifts & escalators, HSD

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bulk storage tanks before the Works can be put

to commercial use by the Owner. The Contractor
shall assist the Owner by providing necessary
documentation and site support for approval of
electrical substation, fire detection and
suppression systems and any other components or
systems that require statutory approvals
including the requirements of “Occupancy
Certificate”.
106.0 FINAL ACCEPTANCE

After demonstration of the integrated
operation, performance tests and approval by
the relevant local/statutory authority,
necessary documentation and information
required as per the Contract (including but not
limited to As Built Drawings and Operation &
Maintenance Manuals), the Engineer shall
communicate his final acceptance to the
Contractor.
107.0 NOMINATED SUB-CONTRACTORS

107.1 In this Contract, “Nominated Sub-Contractor”
means a Sub-Contractor:
a) who is stated in the Contract as being a

Nominated Sub-Contractor, or

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b) whom the Owner/Owner’s Representative,

instructs the Contractor to employ as a Sub-
Contractor for executing “Selected
Subcontract Works” against which a
Provisional Sum is mentioned in the Contract.
107.2 Notwithstanding the nomination and appointment

thereof, Contractor shall be responsible for
all obligations under the Contract and shall be
responsible for the acts, defaults and neglects
of any such nominated Sub-Contractor(s),
his/their agents, servants or workmen as fully
as if they were acts, defaults or neglects of
the Contractor himself.
108.0 SEVERABILITY
If for any reason whatsoever any provision of
this Contract is or becomes invalid, illegal,
or unenforceable, or is declared by any court
of competent jurisdiction or any other
instrumentality to be invalid, illegal, or
unenforceable, then the validity, legality, or
enforceability of the remaining provisions
shall not be affected in any manner, and the
Parties shall negotiate in good faith with a
view to agreeing upon one or more provisions
which may be substituted for such invalid,
unenforceable, or illegal provisions, as nearly

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as is practicable.
109.0 SURVIVAL
Termination of this Contract (a) shall not
relieve DLF or the Contractor of any
obligations already incurred hereunder which
survives Termination hereof, and (b) except as
otherwise provided in any provision of this
Contract expressly limiting the liability of
either Party, shall not relieve either Party of
any obligations or liabilities for loss or
damage to the other Party arising out of or
caused by acts or omissions of such Party prior
to Termination.

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APPENDIX ‘A’
APPENDIX TO THE GENERAL CONDITIONS OF CONTRACT
Name of Work
Commencement Date (Ref. 10 Days from Date of Issue of Letter

Clause 1.31) of Intent.
TIME FOR Completion (Ref. ____ Months

Clause 1.37)
Amount of Performance 5% of the Contract Price.

Bond. (Ref. Clause 15.0)
Mobilisation advance. In Two Installments.

(Ref. Clause 71.0) First Installment of 5% of the
Contract Price on Award of Work.
Second Installment of 5% of the
Contract Price after full
mobilisation at Site, based on
Engineer’s Certificate.
Retention Money.(Ref. 5% of the value of Work Done.

Clause 16.0)
Amount of Third Party INR 10 Lacs for any Incident subject

Insurance.(Ref. Clause 42.0 to a maximum of 1% (One Percent) of
) the Contract Value or INR 100
Lacs,whichever is higher, for the
Contract Duration.

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Liquidated damages/ 0.5% of the Contract Price per week of

Compensation for delay subject to a maximum of 5% of
delays.(Ref. Clause 62.0) the Contract Price.
Time for Liquidated

If there are Sections
Completion damages
Description (Ref.
of Section (Ref. Clause 62)
Clause
(Ref.clause 1.37)
1.29)
----------- ----------
----------
----------- -----------
-----------
Percentage for adjustment 5%

of Provisional Sums (Ref.
clause 102)
Percentage on ‘Cost to 10%

Contractor’ to cover
Contractor’s overhead &
profit for valuation of
Variations (Ref clause
65.4(b))

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APPENDIX ‘B’
(To The General Conditions of Contract)
(NOTE: ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
CONTRACT AGREEMENT
This Contract Agreement is made on the ____ day of ___________
201___ at __________________________
BETWEEN
DLF Ltd, a Company registered under Companies Act, 1956,
having its registered office at Shopping Mall, 3rd Floor, Arjun
Marg, DLF City Phase I, Gurgaon, Haryana 122002 (hereinafter
called the ‘OWNER’ which includes its successors and assigns)
through its authorised signatory Mr.___________________,
authorised vide board resolution dated ___________ .
AND
____________(Name of the Contractor)________, a Company registered
under Companies Act 1956/ Partnership firm duly registered
under the Indian Partnership Act 1932/ Unregistered

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Partnership Firm/Sole Proprietorship Concern, having its
office at…………………………
(Address)…………………………………………………………………………………………………………………………………………………
……(hereinafter called the ‘Contractor’) through its authorised
signatory/ Partner/Sole Proprietor Mr.________________
authorised vide resolution dated __________ .
AND WHEREAS, the OWNER intends to develop _________ (project
name) ______________at _______________________ (location/address)
___________, on the basis of various approvals as available
with him, hereinafter called as ‘Project’.
AND WHEREAS, the OWNER desires that ______________(Description
and Name of Work)
_______________________at________________________, hereinafter
called as ‘Works’ for the purposes of this Contract Agreement
wherever the context permits, to be performed by the
Contractor for this Project.
AND WHEREAS the Contractor represents and warrants to the
OWNER that it lawfully owns and controls up-to-date
infrastructure, expertise, safety equipment and various other
technical skills with manpower having necessary
qualifications, expertise, benchmarking to the international
standards of safety & quality, legal compliances with a
reputation for satisfactory performance and completion of

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Works in accordance law and terms and conditions as set out in
this Contract Agreement.
And Whereas the Contractor has assured the OWNER that it shall
execute the Works taking care of all materials, labour, legal
requirements and would be in a position to complete the Works
in a manner as desired by the OWNER within the time schedule
agreed between the parties.
And Whereas the Contractor has further assured the OWNER, it
shall, for the purposes of these Works, act as a Principal
Employer taking on itself all legal, construction, monetary
liabilities and would be answerable at all times to any
Competent Authority, Courts, investigative agencies for all
acts of omission and commission attributable to its employees,
agents, Sub-Contractors, third parties and all persons
connected with it.
AND WHEREAS the OWNER, based on mutually concluded
negotiations, has trusted the Contractor’s representations in
good faith and also assurances that the Contractor will
execute the Works with top class international standards to
the full satisfaction of the OWNER and has, at the behest of
the Contractor, agreed to enter into this Contract Agreement
and the Contractor, hereby agrees to accept and execute the

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Works on the representations made above and the terms and
conditions set out herein.
NOW THIS CONTRACT AGREEMENT WITNESSETH AS FOLLOWS:
1) In this Contract Agreement, words and expressions shall

have the same meaning as are respectively assigned to
them in the Contract Documents referred in para 2 below.
2) The following Contract Documents shall be deemed to form
and read as integral part of this Contract Agreement viz.
a) Letter of Intent dated _______ - Annexure I

b) Special Conditions of Contract – Annexure II
c) General Conditions of Contract – Annexure III
d) Specification for Building Works – Annexure IV
e) Bill of Quantities – Annexure V
f) Manual No. 800 (Safety & Accident Preventive Measures) of
the OWNER – Annexure VI
3) In consideration of the payments to be made by the OWNER

to the Contractor, as hereinafter mentioned, the
Contractor hereby covenants with the OWNER, to construct,
complete and maintain the Works in conformity in all
respects with the provisions of this Contract Agreement
and the Contract documents.
4) The OWNER hereby covenants to pay to the Contractor in

consideration of the construction, execution, completion
and maintenance of the Works, a Contract Price of
Rs.__________/-(Rupees __________________ only), subject
to adjustments in accordance with the provisions of
General Conditions of Contract & Special Conditions of
Contract.

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5) This Contract Agreement constitutes the entire Contract

between the parties and it revokes and supersedes all
previous correspondence, discussions, representations,
arrangements or agreements, pertaining to the Works,
between the parties, concerning the matters covered
herein whether written, oral or implied. In case of any
inconsistency between this Contract Agreement and
Contract Documents, this Agreement, in order of
preference and the Special Conditions of Contract shall
take precedence over the remaining Contract Documents
mentioned in Para 2 above.
IN WITNESS whereof the parties here to have here unto set

their respective hands and seals, the day and the year first
above written.
SIGNED BY: SIGNED BY:
________________ ___________________
(Signature) (Signature)
Name: Name:
For & on Behalf of For & on Behalf of
DLF LIMITED ……………………….
IN THE PRESENCE OF IN THE PRESENCE OF

___________________ _______________________
NAME ______________ NAME __________________
ADDRESS ___________ ADDRESS _______________
__________________ _______________________

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APPENDIX ‘C’
(NOTE: ON NON-JUDICIAL STAMP PAPER OF RS.100/-)
BANK GUARANTEE FOR CONTRACT PERFORMANCE
Guarantee No......... Dated . . . . . . . .

..
This Guarantee executed on this.... day of .... . . . 201__

by ......... . . having its office at
.....................and Registered Office
at........................ (hereinafter referred to as ‘BANK’
which expression shall unless repugnant to the context or
meaning thereof shall include its successors, administrators
and permitted assigns) in favour of M/s. DLF LIMITED, a
Company registered under the Companies Act, 1956, having its
Registered Office at Shopping Mall Complex, Arjun Marg, DLF
City, Phase-I, GURGAON. - 122 002 (hereinafter called the
“OWNER” which expression shall unless repugnant to the context
or meaning thereof shall include its successors,
administrators or assigns).

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Whereas the “OWNER” has issued a Letter of Intent/ Contract

No. ___________ dated _________ 201__ for an estimated
Contract Value of Rs. __________________/= (Rupees
_______________Only) (hereinafter called the ‘CONTRACT’ or
‘LOI’) on M/s. _________________________ having its
Registered Office
at__________________________________________________
(hereinafter called the “CONTRACTOR”)for execution of
the____________ (Description of Works) _________________ at the
OWNER’s Site known as
____________(Project)_______________located at ______________
________________________________________ in accordance with
the terms and conditions in the said Contract/LOI, which has
been accepted by the Contractor, resulting into a Contract.
AND WHEREAS in terms of Clause No.___ of the said Contract,

the Contractor is required to submit a Guarantee for the
faithful performance of the Contract (hereinafter referred to
as the “Guarantee”) for Rs._______________/= (Rupees
_____________Only).
AND WHEREAS to secure the successful performance of

Contract/LOI, the Bank has, at the request of the Contractor,
agreed to give the Guarantee as hereinafter contained.
NOW THEREFORE THIS DEED WITNESSTH AS FOLLOWS:
1) In consideration of award of the aforesaid Contract/LOI the

Bank hereby undertakes to unconditionally and irrevocably
pay to OWNER immediately on demand, without any protest,
contest or demur, and without any recourse to the
Contractor, a sum not exceeding Rs._______________/= (Rupees
________________ only.) as the OWNER may demand at any time
upto_________________ 200___. Any such demand made by the
OWNER on the Bank shall be conclusive and binding.
2) The OWNER shall be the sole judge as regards the performance

of the Contract and the Bank shall neither question the

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judgement or declaration of the OWNER nor ask for any

evidence on any account whatsoever. The Bank agrees that
any demand made in such demand notice by the OWNER shall be
final, conclusive and binding on the Bank as to the amount
payable by the Bank under this Guarantee. The demand of the
OWNER under this Guarantee shall not be objected, affected
or suspended by reasons of any dispute or disputes pending
before any forum, Tribunal, Arbitrators, Court or any other
statutory authority with regard thereto or in connection
therewith.
3) This Guarantee shall be independent, distinct and in

addition to and not in substitution or derogation of any
guarantee executed by the Bank in favour of the OWNER or any
other security of the Contractor in favour of the OWNER.
4) The OWNER will be at liberty to vary and modify any of the

term(s) and condition(s) of the said Contract without
affecting this Guarantee, notice of such variations or
modifications to the Bank is hereby waived.
5) This Guarantee shall not be affected by any change in the

constitution of the Bank or of the Contractor nor shall the
benefit of this Guarantee be affected by any change in the
constitution of the OWNER or by any amalgamation or merger
of the OWNER with any other body corporate and this
Guarantee will be fully enforceable during its currency.
6) The Bank shall not be relieved of its obligations under

these presents by any exercise by the OWNER of its powers

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with reference to the performance of the Contract or

extension of time for performance or any other acts of
omission or commission on the part of the OWNER or any other
indulgence shown by the OWNER or vary any terms of the
warranty or any other matters or thing whatsoever, which
under law would but for this provision, have the effect of
relieving the Bank.
7) The Bank also agrees that the OWNER at its option shall be
entitled to enforce this Guarantee against the Bank as a
principal debtor, in the first instance, without proceeding
against the Contractor and notwithstanding any security or
other guarantees that the OWNER may have in relation to
Contractor’s liabilities.
8) This Guarantee is a continuing guarantee during its currency

and the Bank undertakes not to revoke this Guarantee during
its currency without previous written consent of the OWNER
and the Bank agrees that the Guarantee contained herein
shall continue to be enforceable till the OWNER discharges
the same.
9) NOTWITHSTANDING anything contained herein :

i. Our liability under this Bank Guarantee shall not exceed
Rs.______________(Rupees) ______________ only).
ii. This Bank Guarantee shall be valid upto
__________________.
iii. We are liable to pay the guaranteed amount or any part
thereof under this Bank Guarantee only if you serve upon
us a written claim or demand on or before ______________

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IN WITNESS WHEREOF Mr..............and Mr. ............, the

Bank’s duly constituted Attorney bearing No......... and No.
....... vide Resolution No..........and No. ...........have
signed for and on behalf of the Bank this deed on the day and
year first written above.
(AUTHORISED SIGNATORY)
Name: ____________________ Name: ____________________
Designation: _____________ Designation: _____________
WITNESSESS Bank Seal / Stamp
Name ___________________ Name ______________________
Address_________________ Address: __________________

________________________ ______________________
________________________ ______________________

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APPENDIX ‘D’
BANK GUARANTEE FOR MOBILISATION ADVANCE
Guarantee No.... Dated:

..................
This Guarantee executed on this......day of.......... 201__,

M/s....................................having its office at
..............................and Registered Office
at.................................................
(hereinafter referred to as ‘BANK’ which expression shall
unless repugnant to the context or meaning thereof shall
include its successors, administrators and permitted assigns)
in favour of M/s. DLF LIMITED, a Company registered under the
Companies Act, 1956, having its Registered Office at Shopping
Mall Complex, Arjun Marg, DLF City, Phase-I, GURGAON-122 002.
(hereinafter called the “OWNER” which expression shall unless
repugnant to the context or meaning thereof shall include its
successors, administrators or assigns).
Whereas the “OWNER” has issued a Letter of Intent/Contract No.

__________________ dated ____________, 201___ for an estimated

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Contract Value of Rs. _____________/= (Rupees

_____________________________Only) (hereinafter called the
‘CONTRACT’ or ‘LOI’) on M/s ________________________ having
its Registered Office at
___________________________________________ (hereinafter
called the “CONTRACTOR”) for execution of the
_______________(Description of works) ____________________ at the
OWNER’s Site known as _______(Name of Project)_______ located
at _____________________________________________in accordance
with the terms and conditions in the said Contract/LOI, which
has been accepted by the Contractor, resulting into a
Contract.
AND WHEREAS to secure the successful performance of the

Contract, the OWNER has agreed to give a Mobilisation Advance
and the Bank has at the request of the Contractor agreed to
give the Guarantee as hereinafter contained.
1. In consideration of award of the aforesaid Contract /LOI,

the Bank hereby undertakes to unconditionally and
irrevocably pay to the OWNER immediately on demand, without
any protest or demur, and without any contest or recourse to
the Contractor, a sum not exceeding Rs. __________/= (Rupees
_________________ only) as the OWNER may demand at any time
upto __________, 201__. Any such demand made by the OWNER on
the Bank shall be conclusive and binding.
2. The Guarantee shall come into force from the date of receipt
of advance payment by the Contractor and shall remain valid
till satisfactory completion of the Contract on the terms
and conditions of the said Contract/LOI.

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3. The OWNER shall be the sole judge as regards the performance

of the Contract in all respects and the Bank shall neither
question the judgement or declaration of the OWNER nor ask
for any evidence on any account whatsoever. The Bank agrees
that any demand made in such a demand notice by the OWNER
shall be final, conclusive and binding on the Bank and Bank
shall not question as to the factum of unsatisfactory
performance of the Contract and amount payable by the Bank
under this Guarantee. The demand of the OWNER shall not be
affected or suspended by reasons of any dispute or disputes
pending before any forum, Tribunal, Arbitrators, Court or
any other statutory authority with regard thereto or in
connection therewith.
4. This Guarantee shall be independent, distinct and in

Guarantee executed by the Bank in favour of the OWNER or any
5. The OWNER will be at liberty to vary and modify any of the

affecting this Guarantee, notice of any such variations or
6. This Guarantee shall not be affected by any change in the


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7. The Bank shall not be relieved of its obligations under

indulgence shown by the OWNER or by any other matter or
thing whatsoever, which under law would but for this
provision, have the effect of relieving the Bank.
8. The Bank also agrees that the OWNER at its option shall be
9. This Guarantee is a continuing guarantee during its currency

its currency without the previous written consent of the
OWNER and the Bank agrees that the Guarantee contained
herein shall continue to be enforceable till the OWNER
discharges the same.
10. NOTWITHSTANDING anything contained herein:

i. Our liability under this Bank Guarantee shall not exceed
Rs.______________ (Rupees) _____________ only).
ii. This Bank Guarantee shall be valid upto
__________________.
iii. We are liable to pay the guaranteed amount or any part
us a written claim or demand on or before _____________.

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IN WITNESS WHEREOF Mr................and Mr.

................., the Bank’s duly constituted Attorney
bearing No..........and No. ......... vide Resolution
No........ and No .................... have signed for and on
behalf of the Bank this deed on the day and year first written
above.
Name: ____________________ Name: _________________
Designation: ___________________ Designation:

___________________
Bank Seal / Stamp
Witnesses:
1. _____________________ 2. ___________________________
Name ____________________ Name ________________________
Address___________________ Address ______________________
___________________ _______________________

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APPENDIX ‘E’
BANK GUARANTEE FOR RELEASE OF RETENTION MONEY

BEFORE CONTRACT COMPLETION
Guarantee No: ......... Dated: ... . . . . .

. .
This Guarantee executed on this.... day of .... . . . 201__

by .................. having its office at
.....................and Registered Office at
...................... (hereinafter referred to as ‘BANK’
which expression shall unless repugnant to the context or
meaning thereof shall include its successors, administrators
and permitted assigns) in favour of M/s. DLF LIMITED, a
Company registered under the Companies Act, 1956, having its
Registered Office at Shopping Mall Complex, Arjun Marg, DLF
City, Phase-I, GURGAON. - 122 002 (hereinafter called the
“OWNER” which expression shall unless repugnant to the context
or meaning thereof shall include its successors,
administrators or assigns).
Whereas, the “OWNER” has issued a Letter of Intent/Contract

No. ___________ dated _________ 201__ for an estimated
Contract Value of Rs. __________________/= (Rupees
_______________Only) (hereinafter called the ‘CONTRACT’ or

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‘LOI’) on M/s. _________________________ having its

Registered Office
at____________________________________________________
(hereinafter called the “CONTRACTOR”)for execution of
the___________________________________________________________
_________________ at the OWNER’s Site known as
___________________ located at
_________________________________ in accordance with the terms
and conditions in the said Contract/LOI, which has been
accepted by the Contractor, resulting into a Contract.
AND WHEREAS, in terms of Clause No.___ of the General

Conditions of Contract, the OWNER has deducted Rs. /-
(Rupees . . . . . ............ only) @ __ % of the Gross
amount from on account bills towards Retention Money for the
faithful performance of the Contract.
AND WHEREAS the OWNWER has agreed for release of the above
amount, on the request of the CONTRACTOR, in the interest of
the work, on submission of an irrevocable and an unconditional
Bank Performance Guarantee in favour of the OWNER against the
amount of the said Security Deposit, without altering any
other Conditions of the Contract.
AND WHEREAS, to secure the successful performance of

Contract/LOI, the Bank has, at the request of the Contractor,
agreed to give the Guarantee as hereinafter contained.
1. In consideration of award of the aforesaid Contract/LOI the

Bank hereby undertakes to unconditionally and irrevocably
pay to OWNER immediately on demand, without any protest,

Phase V, Gurgaon
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contest or demur, and without any recourse to the

Contractor, a sum not exceeding Rs._______________/= (Rupees
________________ only.) as the OWNER may demand at any time
upto_________________ 200___. Any such demand made by the
OWNER on the Bank shall be conclusive and binding.
2. The OWNER shall be the sole judge as regards the performance

of the Contract and the Bank shall neither question the
judgement or declaration of the OWNER nor ask for any
evidence on any account whatsoever. The Bank agrees that
any demand made in such demand notice by the OWNER shall be
final, conclusive and binding on the Bank as to the amount
payable by the Bank under this Guarantee. The demand of the
OWNER under this Guarantee shall not be objected, affected
or suspended by reasons of any dispute or disputes pending
before any forum, Tribunal, Arbitrators, Court or any other
statutory authority with regard thereto or in connection
therewith.
3. This Guarantee shall be independent, distinct and in

guarantee executed by the Bank in favour of the OWNER or any
4. The OWNER will be at liberty to vary and modify any of the

affecting this Guarantee, notice of such variations or

Phase V, Gurgaon
186
5. This Guarantee shall not be affected by any change in the

6. The Bank shall not be relieved of its obligations under

indulgence shown by the OWNER or vary any terms of the
warranty or any other matters or thing whatsoever, which
under law would but for this provision, have the effect of
relieving the Bank.
7. The Bank also agrees that the OWNER at its option shall be
8. This Guarantee is a continuing guarantee during its currency

its currency without previous written consent of the OWNER
and the Bank agrees that the Guarantee contained herein
shall continue to be enforceable till the OWNER discharges
the same.

Phase V, Gurgaon
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9. NOTWITHSTANDING anything contained herein :

iv. Our liability under this Bank Guarantee shall not exceed
Rs.______________ (Rupees) ________________________
only).
v. This Bank Guarantee shall be valid upto
__________________.
vi. We are liable to pay the guaranteed amount or any part
us a written claim or demand on or before ______________
IN WITNESS WHEREOF Mr..............and Mr. ............, the

Bank’s duly constituted Attorney bearing No......... and No.
..... vide Resolution No..........and No. ...........have
signed for and on behalf of the Bank this deed on the day and
year first written above.
Name: __________________ Name: ____________________
Designation: _________________ Designation:_______________
Bank Seal / Stamp
Witnesses:
1. ______________________ 2. __________________________
Name: _____________________ Name: ________________________
Address:___________________ Address: _____________________

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APPENDIX ‘F’
CERTIFICATE OF COMPLIANCE FOR LABOUR LAWS

FOR THE PERIOD ENDING _____________
We ________________________ presently executing

________________________ Works at __________________vide
Contract no ____________ dated __________in pursuance of our
responsibility of compliance of all laws, rules, regulations,
guidelines, schemes, policies, notifications, circulars etc.
in relation to Labour Laws as stated in the Contract, any
other such Laws (including but not limited to statutes, rules,
directions, schemes, policies, guidelines, regulations and
notifications made thereunder and judgments, decrees,
injunctions and orders of any court or tribunal of competent
jurisdiction) that may be applicable from time to time
including but not limited to those mentioned below do hereby
confirm and certify that these is no default/ contraventions/
non-compliance in respect of the above which may result in the
imposition of civil or criminal liabilities on the
Owner/Contractor or which may potentially lead to any claims,
proceedings etc. In that event any violation or non-compliance
is discovered at a later date, we shall solely be answerable
and liable to the governmental Authorities, Courts and other
Forums constituted under the relevant laws. We fully agree to
compensate and indemnify the Owner, its Directors, Employees,
agents, representatives and all those connected with the Owner
from all losses, costs and risks (including any legal costs)
that may be suffered by it due to such defaults/violations on
our part.

Phase V, Gurgaon
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Date : Signature
Place : Name
Designation
(To be signed and stamped by the Authorised Representative of

the Contractor)
S.No. NAME OF ACT Yes No Remarks (if

non-compliance)
1) Employees’ Provident Funds & Miscellaneous

Provisions Act, 1952
a) We have been allotted PF code number from PF

authorities
b) Deposit of deductions paid by 15th of each

month for all workers/employees engaged.
c) Returns, forms, records to be maintained &

submitted to the Authorities
Form 2: Nomination & Declaration Form to be

submitted for new joinees
Form 3A: Contribution Card-Return to be

submitted
Form 5: Return of Employees qualifying for

Membership
Form 6 & 6A: Annual Statement of Contribution
Form 10: Return of members leaving Service
Form 11: Declaration by person taking up

employment in an Establishment
Form 12 A: Statement of Contributions

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d) Inspection Book maintained for observations

of the Inspector
e) Any other provisions not mentioned above.
2) Payment of Wages Act, 1936
a) Payment of wages by 7th of each month
b) Certification by representative of the

Contractor Company on the original wage
register of the payments made to the labour.
c) Payment of overtime as per Act
d) Abstract of the Act and Rules in English &

Hindi displayed
e) Returns, forms, records to be maintained &

Form I: Register of Fines
Form II: Register of Deductions for Damage &

Loss
Form III: Register of Advance
f) Wage Slip issued
g) Any other provisions not mentioned above.
3) Minimum Wages Act, 1948
a) Payment of minimum wages by the Contractor as

per notification issued by Govt. Authorities
b) Display an abstract of the Act
c) Any other provisions not mentioned above.

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4) Contract Labour (Regulation & Abolition) Act,

1970
a) We are holding a valid license and complying

with the conditions contained therein.
b) Display an abstract of the Act in English &

Hindi
c) Display notices showing in English & Hindi
Rates of Wages
Hours of Work
Wages Period
Date of Payment of Wages
Names & Address of the Inspector
Date of Payment of Unpaid Wages
d) Returns, forms, records to be maintained &

Form -9: Register of Workmen Employed by us.
Form -10: Employment Card being given by us.
Form -11: Service Certificate being given by

us.
Form- 12: Muster Roll being maintained by us.
Form- 13: Wage Register being maintained by

us.
Form- 14: Register of wage Cum wage Muster

Roll being maintained by us in case of 15
days wage period
Wage Slip is being given by us.
Form- 16: Register of Deductions being

maintained by us.

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Form- 17: Register of Fines being maintained

by us.
Form- 18: Register of Advances being

maintained by us.
Form- 19: Register of Overtime being

maintained by us.
Form- 20: Half Yearly Return of details of

workman & compliances of provisions laid down
is being filed by us.
e) Welfare facilities
Arrangements of hygienic & clean drinking

water at sites
Provision of urinals/toilets at each site and

to keep them clean
No workers less than the age of 18 years is

engaged at site
No female workers is employed after 7.00 PM

at site
First-Aid Box with necessary medicines kept

at the Site
Canteen provided where more than 100 workers

are ordinarily employed
Rest Room provided
f) Employment of Sub-Contractor
Whether any Sub-Contractor has been engaged

during this period
If yes, whether Principal Employer has been

informed and all requisite formalities for
licensing

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Registration etc have been completed.
g) Any other provisions not mentioned above.
5) Inter-State Migrant Workmen (Regulation of

Employment and Condition of Service) Act,
1979
Modus operandi of recruitment of contract

labour determines the status of worker as
Inter state Migrant
a) Whether any migrant labour has been engaged
b) If yes, whether the facilities are being

provided.
Workmen issued a passbook with photograph
Inter-State migrant workman paid displacement

allowance equivalent to 50% of monthly wages
Journey allowance/return fare paid to workman

by the contractor
Medical facilities
Protective clothing
Residential accommodation
6) Employees’ State Insurance Act, 1948 (To be

filled only if applicable)
a) Contributions payable to be deposited with

ESI Authorities latest by 21st of every month
b) Returns, forms, records to be maintained &

Form 01: Registration of Factories or

Establishment was sent in time (for code

Phase V, Gurgaon
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number)
Code number allotted and being entered all

documents prepared & completed under the Act
Form I: Declaration Form on joining is being

sent to authorities within time
Form 3: Return of Declaration Form are being

sent within time
Identity card being received by authority and

distributed to employees
Form 6: Register of Employees is being

maintained
Form 11: Accident Book is being maintained
Form 12: Accident Report is being sent to ESI

local office and Dispensary
Form 5: Return of Contribution are being

submitted within time
Inspection Book is being maintained
7) Workmen’s Compensation Act, 1923
a) Whether Workman Compensation Insurance& Third

Party Risk Policies has been taken in
respect of labour employed and is valid as
per requirement and norms prescribed
b) Benefit under the Act to be extended by the

Contractor in case of employment injury
c) Returns, forms, records to be maintained &

Form EE: Report of Fatal Accident is being

submitted to Commissioner

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Form R: Register of Agreement is being

maintained
Annual Return is being submitted for details

of accidents
Benefit under the Act to be extended by the

Contractor in case of employment injury
d) Any other provisions not mentioned above.
8 Punjab Labour Welfare Fund (Haryana

Amendment) Act 2001*
Notification dated 04.04.2007 made applicable

to all employees doing clerical manual &
skilled work where contribution @ Rs.10/- per
month from Employers & Rs.5/- per month from
Employee's end is to be deposited to the Fund
by 31st December of each calendar year.
*Applicable in Punjab and Haryana. To be

changed as per applicability in particular
State.
a) Whether contribution has been submitted

within prescribed time.
b) Whether un-accumulated wages are paid to the

authority within the prescribed time
We hereby certify that the above information provided is

correct.
Date :
(Signature & Stamp of the Contractor)

Phase V, Gurgaon
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APPENDIX ‘G’
DEED OF INDEMNITY
For Labour Compliances
THIS DEED OF INDEMNITY is made and executed at …………………, on

this ___________Day of ______2011,
IN FAVOUR OF
___________________, a Company registered under the Companies

Act, 1956 having its Registered Office at
_______________________________________, hereinafter called
the “Owner” which expression shall, unless repugnant to the
context or meaning thereof, shall, include its successors and
permitted assigns).
BY
______________________, a Company registered under the

Companies Act, 1956, having its Registered Office
at______________________
__________________________________________, (hereinafter
called the “Contractor” which expression shall, unless
repugnant to the context or meaning thereof, shall unless
repugnant to the context or meaning thereof, shall include its
successors and permitted assigns) through Mr.
Authorised Signatory, duly authorised by the Board of
Directors vide resolution dated __________.

Phase V, Gurgaon
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WHEREAS the OWNER intends to execute its _________ (name of the

project) _____________ at ______________________ (herein after
referred to as “The Project” or “Works”, as per the plans duly
approved by the concerned authorities.
AND WHEREAS the OWNER has engaged the CONTRACTOR to provide

its service to the Company in respect of The Project.
AND WHEREAS in pursuance of the terms of service, the

CONTRACTOR has agreed to comply with all the applicable Laws,
Regulations, Orders, Notifications, Departmental Instructions
and all other legal prescribed requirements of the Central,
State and other Government and Local Authorities concerning
The Project and its business affairs.
AND WHEREAS the CONTRACTOR has also agreed to comply with the
provisions of various Acts, Rules, Guide lines relating to
labour related laws engaged by it in execution of The Project,
as listed in Annexure – ‘A’ to this Deed.
AND WHEREAS the OWNER, believing the aforesaid representation

and assurance given to it, has agreed to engage the CONTRACTOR
to provide its services to the OWNER in respect of The
Project, provided that the CONTRACTOR executes a proper Deed
of Indemnity in favour of the OWNER.
NOW THEREFORE, THIS DEED OF INDEMNITY WITNESSES as follows:
1. That in consideration of the OWNER acceptance of the

representations made and assurances given to it as above
and the OWNER has engage the CONTRACTOR to provide its
service to the OWNER in The Project and the CONTRACTOR
hereby agrees and undertakes to indemnity the OWNER
against any and every loss and damages, fines which the

Phase V, Gurgaon
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OWNER may at any time suffer consequent to non-compliance

of any Laws, Enactment, Regulations, Orders,
Notifications and all other legal requirements (including
but not limited to statutes, rules, directions, schemes,
policies, guidelines, regulations and notifications made
thereunder and judgments, decrees, injunctions and
orders of any court or tribunal of competent
jurisdiction) of the Central, State and Other Government
and Local Authorities and/or provisions of any Acts,
Rules, Guidelines including but not limited to the Acts
and Rules as listed in Annexure-A to this Deed relating
to labour/workmen engaged by it in The Project by the
CONTRACTOR/its contractors/Sub-
Contractors/labour/workmen/ Contractor labour / agents /
employees etc.
2. The CONTRACTOR will indemnify the OWNER for any fine or

penalty to be suffered /paid by the OWNER due to non-
compliance of the provisions of any of the labour related
laws as applicable. Be it also clarified, understood and
agreed that this indemnification is not restricted only
during the subsistence of the Contract but shall survive
the cessation/termination/expiry of the Contract.
3. That it is one of the conditions of the Contract that the

CONTRACTOR shall comply with all the provisions of the
labour related laws, as may be applicable from time to
time for the discharge and completion of the said
contract by the CONTRACTOR including but not limited to
the observance and compliance of the Contract Labour
(Regulation & Abolition) Act, 1970; Child Labour
(Prohibition and Regulation) Act, 1986; the Employees

Phase V, Gurgaon
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Provident Fund & Miscellaneous Provisions Act, 1952;

Industrial Disputes Act, 1947; Minimum Wages Act, 1948;
Employees’ State Insurance Act, 1948; Payment of Bonus
Act, 1952; Payment of Gratuity Act, 1972; Payment of
Wages Act, 1936; Employees’ Compensation Act, 1923; the
Maternity Benefit Act, 1961; Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service)Act,
1979 and the Employees Deposit Linked Insurance Scheme,
1976, Building and Other Construction Workers’s
(Regulation of Employment and Conditions of Service) Act,
1996 and/or any other Labour Laws or any other Laws/
rule/ notifications / guidelines / norms / policies
issued / directed by the concerned authorities from time
to time in this regard. The CONTRACTOR has assured the
OWNER to be answerable and liable for all actions taken
by any Governmental Authority for violations committed by
the CONTRACTOR.
4. That in further consideration of the OWNER having agreed

to engage the CONTRACTOR to provide its services to the
OWNER in The Project I, ____________, S/o
___________________, R/o,________________________, in the
capacity of a Director of
________________________________, do hereby irrevocably
and unconditionally guarantee the payment of entire
liability that may be fastened upon the OWNER and which
shall become due and payable by the CONTRACTOR from time
to time pursuant to these presents and to keep the said
OWNER and its employees safe, harmless and indemnified
against all losses, damages or liability, which the OWNER
Company may be burdened with as a result of non-
compliance of any Laws, Regulations, Orders,

Phase V, Gurgaon
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Notifications etc., and / or all other legal requirements

of the Central, State and other Government / Local
Authorities and / or provisions of any Acts, Rules,
Guidelines including but not limited to the Acts and
Rules as listed in Annexure – A to this Deed relating to
labour / workmen / contractors / sub-contractors engaged
by it in execution of The Project, by the CONTRACTOR in
respect of its contractors / sub-contractors / labour /
workmen / contractor labour / agents / employees etc.,
without any protest or demur and forthwith on demand in
writing made by the said OWNER to pay all sums of money
as shall be required to be paid both by the Guarantor as
well as the CONTRACTOR and the CONTRACTOR hereby agree
and declare that:
i. This Undertaking-cum-Indemnity shall be a continuing
document and shall remain in full force, so long as
any sum or sums of monies remain unpaid to the said
OWNER under the terms of these presents and this
Undertaking shall not, either wholly or partially,
be discharged by any partial payments by the
CONTRACTOR to the said OWNER.
ii. This Undertaking-cum-Indemnity shall be in addition
to and not in lieu of any other indemnity, guarantee
and/or security or securities which the said OWNER
may now or at any time have from the CONTRACTOR in
any other respect of the execution of The Project,
(the intention being that notwithstanding any other
indemnity, guarantee and / or securities that the
said OWNER may have, the liabilities of the
CONTRACTOR hereunder shall stand independently.

Phase V, Gurgaon
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iii. The OWNER shall have full authority to take recourse

to and/or enforce this Undertaking-cum-Indemnity or
any other remedy that the OWNER may have as
aforesaid at its sole discretion.
iv. The OWNER shall be at liberty, without making any
reference to the CONTRACTOR to take other security
or securities for the liability of the CONTRACTOR
and to vary the terms and grant time and indulgence
to the CONTRACTOR in respect of this Undertaking-
Cum-Indemnity and also to realize or forbear from
enforcing all or any of the obligations of the
CONTRACTOR upon any securities now or hereafter held
by the OWNER. Further, no such dealings, variation
or granting of time and/or other indulgence to
and/or arrangements and/or forbearance whatsoever
shall have the effect of releasing and/or absolving
the CONTRACTOR from his liabilities to the OWNER
and/or Prejudicing and/or impairing its rights
against the CONTRACTOR under this Undertaking-cum-
indemnity.
IN WITNESS WHEREOF, the parties to this deed have set and

scribed their hands on the day, month and year first noted
above, in presence of the following witnesses.
For ……………………………………………,
Dated:
Witnesses:
1. ________________________ 2.____________________________
________________________ _____________________________
________________________ _____________________________

Phase V, Gurgaon
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ANNEXURE – A
S.NO NAME OF ACTS
1 Employees Provident Funds & Miscellaneous Provisions

Act, 1952.
a) I have been allotted PF Code number form PF

authorities.
b) Deposit of deductions paid by 15th of each month
c) Returns, forms, records to be maintained & submitted

to the Authorities
Form2– Nomination & Declaration form to be

submitted for new joinees
Form3A– Contribution Card – Return to be submitted
Form5– Return of Employees qualifying for

Membership
Form6– Annual Statement of Contribution
Form10– Return of members leaving service
Form11– Declaration by person taking up employment

in an Establishment
Form12A – Statement of contributions
d) Inspection book maintained for observations of the

inspector
e) Any other provisions not mentioned above.
2 Payment of Wages Act, 1936
a) Payment of Wages by 7th of each month
b) Certification by representative of the company on

the original wage register of the payments made to
the labour.
c) Payment of overtime as per Act

Phase V, Gurgaon
203
d) Abstract of the Act and Rules in English & Hindi

displayed
e) Returns, forms, records to be maintained & submitted

to the Authorities
Form I Register of Fines
Form II Register of deductions for damage &

loss
Form III Register of Advance
f) Wage slip issued
g) Any other provisions not mentioned above
3 Minimum Wages Act, 1948
a) Payment of minimum wages by the contractor as per

notification issued by Govt. Authorities
b) Display an abstract of the Act
c) Any other provisions not mentioned above
4 Contract Labour (regulations & Abolition) Act, 1970
a) I am holding a valid license and complying with the

conditions contained therein
b) Display an abstract of the Act in English & Hindi
c) Display notices showing in English & Hindi Rates of

Wages
Hours of Work
Wages period
Date of payment of Wages
Names & address of the inspector
Date of Payment of unpaid wages

Phase V, Gurgaon
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d) Returns, forms. Records to be maintained & submitted

to the Authorities
Form 9 – Register of workmen employed by me
Form 10 – (Employment Card) being given by me
Form 11 – (Service Certificate) being given by me
Form 12 – (Muster roll) maintained by me
Form 13 - Wage Register being maintained by me
Form 14 – (Register of Wage cum wage Muster Roll)

being
maintained by me in case of 15 days wage
period
Form 15 - Wage Slip is being given by me
Form 16 – (Register of deductions) being maintained

by me.
Form 17 – (Register of fines) being maintained by me
Form 18 – (Register of Advances) being maintained by

me
Form 19 – (Register of Overtime) being maintained by

me
Form 20 – Half yearly return is being sent by me –

details of workman & compliances of provisions laid
down.
f) Welfare Facilities
Arrangements of hygienic & clean drinking water at

sites
Provisions of urinals/toilets at each site and to

keep them clean
No workers less than the age of 18 years is engaged

at site
No female workers is employed after 7.00 PM at site

Phase V, Gurgaon
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First-aid box with necessary medicines kept at the

site
Canteen provided where more than 100 workers are

ordinarily employed
Rest Room Provided
g) Employment of Sub-Contractor
Whether any sub-contractor has been engaged during

this period
If yes, whether Principal employees has been

informed and all requisite formalities for licensing
registration etc have been completed
h) Any other provision not mentioned above
5 Inter-State Migrant Workmen (regulation of Employment and

Condition of service) Act, 1979
Modus operandi of recruitment of contract labour

determines the status of worker as inter-state
Migrant
a) Whether any migrant labour has been engaged
b) If yes, whether the facilities are being provided
Workmen issued a passbook with photograph
Inter-state migrant workman paid displacement

allowance equivalent to 50% of monthly wages
Journey Allowance / Return fare paid to workman by

the Contractor
Medical facilities
Protective clothing
Residential accommodation

Phase V, Gurgaon
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6 Employees state insurance Act, 1948 (To fill only if

applicable)
a) Contributions payable to be deposited with ESI

Authorities latest by 21st of every month
b) Returns, forms, records to be maintained & submitted to

the Authorities
Form 01 registration of factories or Establishment was

sent in time (for code number)
Code number allotted and being entered all documents

prepared & completed under the Act
Form1 (declaration form on joining) is being sent to

authorities within time
Form3 (return of declaration form) are being sent

within time
Identity cards being received by authority and

distributed to employees.
Form 7 (register of employees) is being maintained
An accident book is maintained is form 15
Accident report on form 16 is being sent to ESI local

office and dispensary
Form 5 (return of contribution) are being submitted

within time
Inspection book is maintained
7 Employee Compensation Act, 1923
a) Whether Workman Compensation Insurance & third Party

Risk Policies has been taken in respect of labour
employed is valid as per requirement and norms
prescribed

Phase V, Gurgaon
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b) Benefit under the Act to be extended by in case of

employment injury
c) Returns, forms, records to be maintained & submitted to

the Authorities
Form EE (report of fatal accident) is being submitted

to commissioner
Register of Agreement is being maintained on form R
Annual return is being submitted – details of accidents
Benefit under the Act to be extended by in case of

employment injury
d) Any other provisions not mentioned above
8 All provisions of The Building and Other Construction

Workers (Regulation of Employment and Conditions of
Service) Act, 1996 and it’s local applicable rules.
9 Any Local Labour Enactment (Locally applicable)

Phase V, Gurgaon
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APPENDIX ‘H’
(TO THE GENERAL CONDITIONS OF THE CONTRACT)
WATERPROOFING PERFORMANCE GUARANTEE CERTIFICATE

(BY CONTRACTOR)
We, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ , an existing Company registered
under the Companies Act, 1956, having its Registered Office at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereunder called
the “ Contractor” which expression unless it be repugnant to
the subject or context or meaning thereof shall include its
successors-in-interest and assigns) as per the terms &
conditions of the Contract Agreement No. _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ dated _ _ _ _ _ _ _ _ _ , entered with M/s
DLF Limited, a Company registered under the Companies Act,
1956, having its Registered Office at Shopping Mall Complex,
Arjun Marg, DLF City, Phase – I, Gurgaon – 122 002 (hereunder
called the “Owner”, which expression unless it be repugnant
to the subject or context or meaning thereof shall include its
successors-in-interest and assigns) hereby execute the
Waterproofing Guarantee Certificate for the Project known as
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ at _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
That we have carried out the Waterproofing works for the

Project known as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _.

Phase V, Gurgaon
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THAT the waterproofing works have been carried out as per

specifications and method mentioned in the Contract Agreement.
THAT we stand Guarantee for the water tightness of the works

for a period upto and including _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
THAT we shall rectify all leakages which may arise at any

point of time during the period of this Guarantee for any
reason and shall be unconditionally responsible for the water
tightness and the works carried out by us, to the exclusion of
Consultants/ Architects/ Owners/ or their representatives.
THAT the scope of work under said circumstances will be

restricted to the scope of work mentioned in the Contract.
However, in case any damage due to any mechanical means or
damages caused to the waterproofing treatment by any of the
Contractor/agency and if it is proved and mutually agreed by
the Owner then the cost of such rectification will be borne by
us.
That in case at any time during the currency of the Guarantee

is observed that there is nay defect in the waterproofing
treatment or leakages/dampness occur in the building or
otherwise or it results in any damage to property, we shall
duly indemnify the Owner and their representatives, the third
party or anyone claiming for rectification of the said
defects.
THAT in case we fail to attend to any defect within 10 ( Ten)

days, of the Owner notifying the same , then the Owner shall
have the full right to get the work executed/ rectified at our
risk and costs.

Phase V, Gurgaon
210
THAT in case we fail to pay the Owner or tenants or third

party or owner or their representatives, the amount of the
claim within 10 ( Ten) days as referred above , then the Owner
shall have the undisputed right to claim this amount so
claimed alongwith an interest @ 25% per annum till the date
the full amount is realised.
I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S/o_ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ at present working as _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ with the Contractor as duly
empowered by the Contractors to execute and issue this
Waterproofing Guarantee Certificate on behalf of the
Contractor.
EXECUTANT FOR AND ON BEHALF OF
______________________________
NAME: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
DESIGNATION: _ _ _ _ _ _ _ _ _ _ _ _ _ _
WITNESSES:
1. _ _ _ _ _ _ _ _ _ _ _ _ 2. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Phase V, Gurgaon
211
APPENDIX ‘J’
WATERPROOFING PERFORMANCE GUARANTEE CERTIFICATE

(BY PRODUCT MANUFACTURER)
We, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereunder called
the “ Guarantor “,which expression unless it be repugnant to
the subject or context or meaning thereof shall include its
successors-in-interest and assigns) as per the terms &
conditions of the Contract Agreement dated _ _ _ _ _ _ _ _ _ ,
entered between M/s DLF Limited, a Company registered under
the Companies Act, 1956, having its Registered Office at
Shopping Mall Complex, Arjun Marg, DLF City, Phase – I,
Gurgaon – 122 002 (hereunder called the “ OWNER “,which
expression unless it be repugnant to the subject or context or
meaning thereof shall include its successors-in-interest and
assigns) & M/s _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _, a Company registered under the
Companies Act, 1956, having its Registered Office at _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _,(hereunder called the “ CONTRACTOR” ,which expression
unless it be repugnant to the subject or context or meaning
thereof shall include its successors-in-interest and assigns)
hereby execute the Waterproofing Guarantee for the Project

Phase V, Gurgaon
212
known as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, for
which the Work is being executed by the Contractor.
THAT M/s _ _ _ _ _ _ _ _ _ _ _(Contractor)_ _ _ _ _ _ _ _ _ _

_ is our Authorised Applicator, who has used the Waterproofing
Material manufactured and marketed by us has furnished the
Waterproofing Performance Guarantee Certificate ( and
Performance Bank Guarantee) as per the terms of the Contract
mentioned above, will stand guarantee for the Contract and
application as per the specifications and methods as per our
advice.
THAT we the Guarantor under this guarantee, for good and

valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, unconditionally and irrevocably
undertake that in case any time during the currency of the
guarantee period, if M/s _ _ _ _ _ _ _ _ _ _ (Contractor)_ _ _
_ _ _ _ _ _ _ _ _ _ does not carry out the rectification of
the defect in the Waterproofing treatment or leakages/dampness
which may occur in the building mentioned in this Contract, we
( the Guarantor) will attend the complaint and do the
rectification free of cost including supply of material &
including application through authorised Applicator/ Agency
nominated by us.
THAT the scope of work under said circumstances will be

restricted to the scope of work mentioned in the Contract.
However, in case any damage due to any mechanical means or
damage caused to the waterproofing treatment by any other
contractor/agency and if it is proved and mutually agreed by
the Owner then the cost of such rectification will not be
borne by us.
THAT in case we(The Guarantor) fail to attend to any defect

within 10 ( Ten) days, of the Owner notifying the same , then

Phase V, Gurgaon
213
the Owner shall have the full right to get the work executed/
rectified at our risk and cost.
THAT in case we fail to pay the Owner or third party or their

representatives, the amount of the claim within 10 ( Ten) days
as referred above , then the Owner shall have the undisputed
right to claim this amount so claimed alongwith an interest @
25% per annum till the date the full amount is realised.
I,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S/o_ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ at present working as _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ with the Guarantor as duly
empowered by the Guarantor to execute and issue this
Waterproofing Guarantee on behalf of the Guarantor.
EXECUTANT FOR AND ON BEHALF

OF
_ _ _ _ _ _ _ _ _ _ _ _ _
NAME: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
DESIGNATION: _ _ _ _ _ _ _ _ _ _ _ _ _ _
WITNESSES:
1. _ _ _ _ _ _ _ _ _ _ _ _ _ 2. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Phase V, Gurgaon
214
APPENDIX ‘K’
STRUCTURAL QUALITY CERTIFICATE
We, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereunder
called the “ Contractor “,which expression unless it be
repugnant to the subject or context or meaning thereof shall
include its successors-in-interest and assigns) as per the
terms & conditions of the Contract Agreement No. _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ dated _ _ _ _ _ _ _ _ _ , entered
with M/s DLF Limited, a Company registered under the Companies
Act, 1956, having its Registered Office at Shopping Mall
Complex, Arjun Marg, DLF City, Phase – I, Gurgaon – 122 002
(hereunder called the “Owner”, which expression unless it be
include its successors-in-interest and assigns) hereby
execute the Structural Quality Certificate for the Project
known as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
That we have carried out the Structural and Finishing Works

for the Project known as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
THAT the Structural and the Finishing Works have been carried
out as per specifications and method mentioned in the
Agreement.

Phase V, Gurgaon
215
THAT we hereby certify that we have:
1. Used good quality material in the Works and that all

such material satisfy the relevant specifications as
laid down in the Contract/CPWD Specifications/IS Codes
of Practice.
2. Provided workmanship of requisite quality standards for

the execution of the works as per the criteria laid
down in the Contract/CPWD Specifications/IS Codes of
Practice.
THAT we therefore, stand Guarantee for the Structural Quality

of the Works.
I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S/o_ _ _ _ _ _ _ _
Structural Quality Certificate on behalf of the Contractor.
______________________________
NAME: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
DESIGNATION: _ _ _ _ _ _ _ _ _ _ _ _ _ _
WITNESSES:
1. _ _ _ _ _ _ _ _ _ _ _ _ 2. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Phase V, Gurgaon
216
APPENDIX ‘L’
NO CLAIMS CERTIFICATE
FOR THE PERIOD ENDING _____________

________________________ Works at __________________vide
Contract no ____________ dated __________ do hereby certify and
confirm that our Interim Bill No.________ dated_________ for
the period from _________ to _________ includes all claims
during the aforesaid period.
We further certify that we have no claim towards any issue

other than the amount claimed in the aforesaid Interim Bill.
We further certify that we have no claims whatsoever arising

from any action of the Owner/Owner’s Representative/Engineer
during the aforesaid period which may have resulted in any
delay in the execution of the Works.
Date: Signature
Place : Name
Designation

the Contractor)

Phase V, Gurgaon
217
APPENDIX ‘M’
CERTIFICATE OF COMPLIANCE FOR HEALTH, SAFETY AND

ENVIRONMENT FOR THE PERIOD ENDING _____________

________________________ Works at __________________vide
Contract no ____________ dated __________in pursuance of our
responsibility of compliance of all laws, rules, regulations,
notifications, circulars etc. in relation to Health, Safety and
Environment in respect of the Acts as specifically mentioned in
Clause 79 and 95 of the General Conditions of Contract and any
other such Laws that may be applicable from time to time, do
hereby confirm and certify that these is no default/
contraventions/ non-compliance in respect of the above which
may impose civil and criminal liabilities on the Owner. In
that event any violation or non-compliance is discovered at a
later date, we shall solely be answerable and liable to the
Authorities, Courts and other Forums constituted under the
relevant Acts. We fully agree to compensate and indemnify the
Owner, its Directors, Employees, agents, representatives and
all those connected with the Owner from all losses, costs and
risks suffered by it due to such defaults/violations on our
part.
Date: Signature
Place : Name
Designation

the Contractor)

Phase V, Gurgaon
218
APPENDIX ‘N’
STRUCTURAL STABILITY CERTIFICATE
We, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereunder
called the “ Contractor “,which expression unless it be
include its successors-in-interest and assigns) as per the
terms & conditions of the Contract Agreement No. _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ dated _ _ _ _ _ _ _ _ _ , entered
with M/s DLF Limited, a Company registered under the Companies
Act, 1956, having its Registered Office at Shopping Mall
Complex, Arjun Marg, DLF City, Phase – I, Gurgaon – 122 002
(hereunder called the “Owner”, which expression unless it be
include its successors-in-interest and assigns) hereby
execute the Structural Stability Certificate for the Project
known as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
That we have carried out the Structural Works for the Project
known as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ at _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
THAT we hereby certify that we have checked the Structural

Design and found that:

Phase V, Gurgaon
219
1. The Structural Design is in conformity with the provision

of NBC, building by-laws and specifications, as
stipulated by the Bureau of Indian Standards.
2. The building superstructure and the foundations have been

designed for the appropriate seismic loads, all dead
loads and live loads, wind pressures etc. In all cases,
normal strengthening to resist distress during
earthquake, has been provided in the designs.
3. The roof slab of extended basement (at ground level)

external to the building has been designed to take fire
tender load up to 60 MT.
4. The structural Analysis and Designs have been carried out

for Earthquake Zone III/IV/ V as per IS 1893-2002, IS
13920-1993 and as per IS 456-2000.
THAT we therefore, stand responsible for the Structural

Stability of the Works.
I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ S/o_ _ _ _ _ _ _ _
Structural Stability Certificate on behalf of the Contractor.
______________________________
NAME: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
DESIGNATION: _ _ _ _ _ _ _ _ _ _ _ _ _ _
WITNESSES:
1. _ _ _ _ _ _ _ _ _ _ _ _ 2. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Section 4
Part II - Conditions of Particular Application

The Crest, Luxury Residential Project in DLF City,
Phase V, Gurgaon
Conditions of Particular Application

Sub Clause 1.25 shall be replaced as follows:
“Bill of Quantities (BOQ)” means the breakdown of the Contract Price forming part of the
Contract. The quantities, and/or items and/or descriptions in the Bill of Quantities are indicative only
and therefore no omission from, or error in the description of item(s) and in the quantities
shall warrant an adjustment of the Contract Price nor entitle the Contractor to seek an extension of time
under the Contract. Under no circumstances the division and description of BOQ item(s) shall be
interpreted as the limitation of Contractor’s scope of Works.
The Bill of Quantities shall be used for valuation of Variations, if any. Contractor hereby agrees to
provide the further break down of the BOQ items, as reasonably required by Owner for the purpose
of variation payment.
Sub Clause 5.1.3 shall be replaced as follows:
The Engineer shall have no authority to amend the Contract.
However, the Engineer shall obtain the approval of the Owner before carrying out the following: (a)
Determining any addition to or deduction from the Contract Price on account of
Variation.
(b) Issuing instructions for the expenditure of "Provisional Sums, for the selection of
materials or Plant under Prime Cost Rate items, and for the provision of optional items of work
(c) Determining any extension of the Time for Completion
(d) Settlement or certification of payment of any claim by Contractor
The Engineer’s Instruction to the Contractor for the items (a) to (d) above shall be jointly signed by
both the Engineer and the Owner.
Notwithstanding the obligation on the Engineer, as set out above, to obtain approval, if, in the
opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or
of adjoining property, he may, without relieving the Contractor of any of his duties and
responsibilities under the Contract, instruct the Contractor to execute all such work or to do all
such things as may, in the opinion of the Engineer, be necessary to abate or reduce the risk. The
Contractor shall forthwith comply, despite the absence of approval of the Owner, with
any such instruction of the Engineer. The Engineer shall determine an addition to the Contract Price,
in respect of such instruction, in accordance with Clause 65 and shall notify the Contractor
accordingly, with a copy to the Owner.
Volume-I, Section 4, Part II Page 1 of 8

Phase V, Gurgaon
Delete the first sentence of Sub Clause 11.1 and replace with the following:
Tender Drawings accompanying the tender documents are Good for Construction Drawings. However
upon award of the contract, such drawings are subject to confirmation by the Engineer prior to
construction.
Contractor’s design (to the extent provided for by the Contract), including specification and selection of
materials and testing, shall be undertaken in accordance with relevant Indian / International Standards
and comply with the Laws / regulations current as at the date of completion of the Works,
Milestone or Section (if any) certified by the Project Manager in accordance with the Contract.
The Contractor’s designs, processes, methods of production and technology incorporated into the
Works shall have due regard to the achievement of the standards of efficiency, reliability and health and
safety set out or contained in the Contract and the relevant Indian / International Standards, so as to
allow the Owner to operate the Works with a minimum of interruption for maintenance and/or repair.
The drawings including shop drawings, specifications, calculations and other information are to be
prepared and submitted in accordance with the Contract requirements.
The Contractor shall submit to the Engineer, for approval, whose decision shall be final.
(a) Two copies of such drawings, specifications, calculations and other information (all
provided in an orderly manner) as shall be necessary to satisfy the Engineer as to the
suitability and adequacy of that design, and
(b) Operation and maintenance manuals together with drawings of the Permanent Works as
completed in sufficient detail to enable the Owner to operate, maintain, dismantle, reassemble
and adjust the Permanent Works incorporating that design.
Construction to such design shall not commence until the Engineer has approved the designs. The
Contractor shall notify the Design Consultant, if he wishes to modify any design to which approval
has already been given and shall submit the modified drawings, specifications, calculations and other
information for further approval. Approval by the Engineer in accordance with this Clause, shall not
relieve the Contractor of any of its responsibilities under the Contract.

Phase V, Gurgaon
The Contractor shall submit a detailed time programme showing how the Contractor will
complete the Works within the Time for Completion to the Engineer within 28 days after
receiving the Letter of Award or within such other period(s) as stipulated by the Project Manager and
agreed with the Contractor. The programme shall be submitted in Primavera P6 of suitable version or
any suitable software as approved by the Engineer.
Each programme shall include:
(a) The order in which the Contractor intends to carry out the Works, including the
anticipated timing of Contractor’s documents, procurement, manufacture, inspection, delivery to
Site, construction, erection, testing and commissioning
(b) the periods for any submissions, reviews, approvals and consents specified in the
Contract,
(c) the sequence and timing of inspections and tests specified in the Contract, (d)
all activities logic linked; and
(e) a supporting report which includes:
i. a general description of the methods which the Contractor intends to adopt, and of
the major stages, in the execution of the Works, and
ii. details showing the Contractor’s number of each class of Contractor’s Employees
and of each type of Constructional Plant required on the Site for each major
stage.
Unless the Engineer, within 28 days after receiving a programme, gives notice to the Contractor stating
the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance
with the programme, subject to its other obligations under the Contract.
In preparing the programme pursuant to this Clause and executing the Works, the Contractor shall:
(a) have regard to any special circumstances applicable to and affecting the Site, and
(b) liaise with the Engineer and/or such others to whom the Contractor may from time to time
be referred for planning and programming purposes, and
(c) ensure, as far as is reasonably practicable, that the Works are fully coordinated and
integrated with the activities of the Owner and other contractor(s), including any activities that
are not related to the Works but which are known or ought reasonably to be known to the
Contractor when submitting the Tender, and having regard to the fact that the Works form
part of a cohesive project being undertaken by the Owner.
Phase V, Gurgaon
Sub Clause 56 shall be replaced as follows:
The Contractor shall complete the whole of the Works, and each Section (if any), within the Time
for Completion for the Works or Section (as the case may be) stipulated in Appendix “A” including:
a. passing of all the tests prescribed under the Contract

b. completing all the work stated in the Contract as being required for the Works or Section to be
considered to be completed for the purposes of issue of Completion Certificate under
clause 61.0
Sub Clause 57.1 : Extension of Time
Sub Clause 57.1 shall be replaced as follows
Should the amount of extra or additional work of any kind or any cause of delay referred to in the
conditions of contract or other special circumstances of any kind whatsoever, which may occur (other
than through a default of or breach of contract by the Contractor or for which it is responsible)
be such as fairly to entitle the Contractor to an extension of Time for Completion of the Works, or any
Section, the Engineer shall, after due consultation with the Owner and the Contractor, determine the
amount of such extension and shall notify the Contractor accordingly, with a copy to the Owner.
Notwithstanding the occurrence of any events or circumstances referred to above, the Contractor shall
not be entitled to any such extension unless he has satisfied the Engineer that he could not have
anticipated, avoided or mitigated such delay or disruption, and satisfied the Engineer that he has used,
and shall continue to use all reasonable means to mitigate the consequences of any such delay or
disruption.
Contractor to Provide Notification and Detailed Particulars
The Contractor shall:
(a) within 14 days after the Contractor became aware or should have become aware of such event
or circumstance, give notice to the Engineer with a copy to the Owner describing the event or
circumstance giving rise to the claim, and
(a) within 28 days after such notification submit to the Engineer detailed particulars of any extension
of time to which he may consider himself entitled in order that such submission may be
investigated at the time.
Such detailed particulars shall include reference to the programme submitted to the Engineer

Phase V, Gurgaon
pursuant to Clause 21 and shall clearly set out the basis and justification for extension of time to which
the Contractor is of the opinion that he is entitled to receive. Engineer shall thereafter make final
determination.
Failure to Comply
If the Contractor fails to give notice of a claim within such period of 14 days or fails to provide
detailed particulars within 28 days, this shall constitute a waiver of the Contractor’s rights to
extension of time and all such rights are forfeited, the Time for Completion shall not be extended and
the Owner shall be discharged from all liability in connection with the claim.
Interim Determination of Extension
Provided also that where an event has a continuing effect such that it is not practicable for the Contractor
to submit detailed particulars within the period of 28 days referred to in this Clause, he shall submit
interim particulars at intervals of not more than 28 days and final particulars within 28 days of the end of
the effects resulting from the event.
On receipt of such interim particulars, the Engineer shall, after due consultation with the Owner and the
Contractor, make an interim determination of extension of time. On receipt of the final particulars,
the Engineer shall review all the circumstances and shall, after due consultation with the Owner and the
Contractor, determine an overall extension of time in regard to the event. In both such cases the Engineer
shall notify the Contractor accordingly, with a copy to the Owner.
Mitigation of Consequences of Delay
In all cases where the Contractor suffers delay (actual / anticipated) which is not attributable to him, the
Contractor shall consult with the Engineer in order to determine the steps (if any) which can be taken to
overcome or minimise the actual or anticipated delay. The Contractor shall thereafter comply with all
reasonable instructions which the Engineer shall give in order to overcome or minimise such delay and
shall take all reasonable steps which do not involve additional cost to overcome or minimise such
delay. If an instruction given by the Engineer to overcome or minimise delay shall cause the Contractor
to incur extra costs and the Contractor is entitled to an extension of the Time for Completion, the amount of
any such extra cost attributable to minimizing or overcoming such delays shall be added to the Contract
Price. Any prolongation cost shall be dealt in accordance with Clause
67.
Sub Clause 57.2
Delete Sub Clause 57.2 in its entirety

Phase V, Gurgaon
Add item (f) to Sub Clause 65.1 as follows
65.1 (f) - change any specified sequence or timing of construction of any part of the Works, solely
arising out of Owner’s requirement.
Add the following after the first sentence of Clause 65.4 (b):
The Contractor shall, when required by the Engineer, produce further information which may not be
limited to quotations (minimum three), invoices, vouchers and accounts or receipts in substantiation of
the cost to the contractor. However the Engineer is not bound to accept such documentation in
determining the value of the Variation.
67.0 CLAIMS
67.1 Notice of Claims
Notwithstanding any other provision of the Contract, the Contractor shall give notice to the Engineer,
with a copy to the Owner, of any event or circumstance that gives the Contractor an entitlement to
any additional payment pursuant to the Contract other than due to Variations initiated by the
Engineer as defined in Clause 65. The notice shall be given as soon as practicable but not
later than 14 days after the Contractor became aware, or should have become aware, of the
event or circumstance and shall include details describing the event or circumstance giving rise to
the claim.
67.2 (a) Contemporary Records
Upon the happening of the event or circumstance referred to in Clause 67.1, the Contractor shall
keep such contemporary records such as but not limited to unrestricted access to related original
invoices, staff & labour payroll records, accounts, as may reasonably be necessary to support any
claim he may wish to make. Without admitting the Owner’s liability, the Engineer may, on receipt of
a notice under Clause 67.1, inspect such contemporary records and may instruct the Contractor to
keep any further contemporary records as are reasonable and may be material to the entitlement of
which notice has been given. The Contractor shall permit the Engineer to inspect all records kept
Phase V, Gurgaon
pursuant to this Clause and shall supply him with copies thereof as and when the Engineer so
instructs.
67.2 (b) Substantiation of Claims
Within 28 days of giving notice under Clause 67.1, the Contractor shall send to the Engineer, copied
to the Owner, detailed particulars of the amount claimed and the grounds upon which the claim is
based. The Contractor shall include in such detailed particulars, an outline of the intended
mitigation measures and proposed future actions to limit the effect of the event referred to in
Sub-Clause 67.1 Where the event giving rise to the claim has a continuing effect, the Contractor shall,
at 28 day intervals from the date on which detailed particulars are provided (or should have been
provided) or at such intervals as the Engineer may reasonably require, send further details of the
accumulated amount of the claim and any further grounds upon which it is based. The Contractor
shall send a final account within 28 days of the end of the effects resulting from the event.
The Contractor’s entitlement to payment in respect of any claim shall not exceed such amount as the
Engineer after due consultation with the Owner and the Contractor or any arbitrator or arbitrators
appointed pursuant to Clause 101 assessing the claim considers to be verified by contemporary
records (whether or not such records were brought to the Engineer’s notice as required under
Clause 67.2).
67.3 (a) Assessment of Claims
Without altering in any way the consequence of a failure to comply with the provisions of Clause
67.2, the Engineer shall when agreeing or determining the existence and/or extent of the Contractor’s
entitlement in accordance with this Clause and/or any other provisions of the Contract have
regard to:
(a) the adequacy and results of measures taken by the Contractor to mitigate or counteract the
consequences of the event or circumstances giving rise to the claim,
(b) any contributory action or inaction attributable to the Contractor, and
(c) the extent, if any, to which the Contractor has, whether by any action or inaction, prevented or
prejudiced the proper investigation of the claim.

Phase V, Gurgaon
Notwithstanding the provisions stated in this Clause 67, the prolongation cost incurred at Site
(excluding profit) due to extension of time if any granted under Clause 57, shall be reimbursed only if
the Extension of Time determined by the Engineer resulting from a single delay event exceeds ninety
(90) consecutive calendar days. In addition, the prolongation costs would be reimbursed only for the
period in excess of ninety (90) calendar days provided the delay during this period is solely
attributable to the Owner and not to concurrent delay events by the Contractor. It is further
clarified that no prolongation costs would be payable for reasons specified in clause 91.1 (d) of
General Conditions of Contract.
67.3 (b) Failure to Comply
If the Contractor fails to comply with any of the provisions of Clauses 67, this shall constitute a waiver
of the Contractor’s rights to additional payment and all such rights are forfeited. The Contractor shall
not be entitled to additional payment and the Owner shall be discharged from all liability in connection
with any such event, circumstance or claim to which Clause 67 applies.
The Engineer shall within 15 days upon presentation of the interim bill by the Contractor in the proper
form and manner as required in the Contract, deliver to the Owner the certified Interim Payment
Certificate stating the amount of payment to the Contractor which the Engineer considers due
and payable in respect of such statement, subject to the provisions of this Clause 73. The
Owner shall pay the Contractor within 15 days of receipt of such Interim Payment certificate from
the Engineer.
Upon presentation, the interim bills shall be broadly checked and recommended for release of
80% of the assessed value of the interim bill, as an adhoc payment, and the same shall be paid after
deduction of advances, Retention Money and all other dues within ten working days. The balance
amount shall be paid after certification by the Engineer within the timeline stated above.

Volume-1-Tender &amp; Conditions of Contract

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Volume-1-Tender &amp; Conditions of Contract

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THE CREST

Luxury Residential Project

MAIN CONSTRUCTION CONTRACT

THE OWNER: PROJECT MANAGER:

MAIN CONSTRUCTION CONTRACT

LIST OF TENDER DOCUMENT

Volume 1 – Employer Requirements from part of a set of Tender

VOLUME 1 - TENDER AND CONDITION OF CONTRACT

VOLUME III - BILL OF QUANTITIES

VOLUME V - OWNER'S REQUIREMENTS

VOLUME VI - PROJECT PROCEDURES MANUAL

VOLUME VII - OTHER DOCUMENTS

MAIN CONSTRUCTION CONTRACT

VOLUME – 1 : TENDER AND CONDITION OF CONTRACT

Section 1 - Brief Description of Works and Strategic Programme

Section 2 - Instruction to Tenderers and Appendices

2.1 : Instruction to Tenderers

Section 3 - Form of Tender

Section 4 - Conditions of Contract

Part I : General Conditions with its Annexure

Tender Document - Volume-I

Tender Document - Volume-I

PROJECT DESCRIPTION AND SCOPE OF WORKS

1.1 The Crest

2.0 Site Context

2.3 Connectivity to Key facilities:

Volume-I, Section 1 Page 1 of 5

It is in close proximity to a number of shopping centres and malls. It is approximately 10 minutes

2.4 Connectivity to Delhi:

2.5 Existing Site Services

3 SITE PLANNING, BUILDING PROGRAMME, THEME AND CONSTRUCTION

3.1 Site Planning

3.2 Building Programme

The Main features of the Development are as follows:

 High Rise Residential Towers

Volume-I, Section 1 Page 2 of 5

 3 – Towers G+27 story high

In brief the building programme consists of the following:-

4.0 Owner’s Objectives

The main objectives of the Owner are as follows:

Volume-I, Section 1 Page 3 of 5

5.0 Scope of Works

Volume-I, Section 1 Page 4 of 5

 Management of all sub contractors

Volume-I, Section 1 Page 5 of 5

Tender Document - Volume-I

Activ Activity OD RD Start Finish 2013 2014 2015 2016

Date Revision Checked Approved

Activ Activity OD RD Start Finish 2013 2014 2015 2016

Activ Activity OD RD Start Finish 2013 2014 2015 2016

Date Revision Checked Approved

Activ Activity OD RD Start Finish 2013 2014 2015 2016

Date Revision Checked Approved

Activ Activity OD RD Start Finish 2013 2014 2015 2016

Date Revision Checked Approved

 Overall Summary Activities

Tender Document - Volume-I

2.1 - Instructions to Tenderers

Tender Document - Volume-I

The Tender documents shall comprise of the following:

2.1.1. Volume I – Tender and Conditions Of Contract

2.1.2. Volume II – Technical Specification

2.1.3. Volume III – Bill of quantities.

2.1.4. Volume IV – Drawings

Volume-1-Tender & Conditions of Contract

Volume-1-Tender & Conditions of Contract