SCHEDULE OF SUBCONTRACT WORKS – SUBCONTRACT AGREEMENT
SCHEDULE OF SUBCONTRACT WORKS – SUBCONTRACT AGREEMENT
The SUBCONTRACTOR shall submit to the CONTRACTOR detailed plans before executing each part of the Subcontract Works.
When requested by the CONTRACTOR during the execution of the Subcontract Works, the SUBCONTRACTOR shall forthwith furnish the CONTRACTOR with such documents as may be required by the CONTRACTOR for verifying progress of the Subcontract Works.
If at any time during the execution of the Subcontract Works the SUBCONTRACTOR’s actual progress in the CONTRACTOR’s opinion is inadequate to meet the Schedule, the CONTRACTOR may notify the SUBCONTRACTOR in writing of such imminent or actual noncompliance therewith. The SUBCONTRACTOR shall revise the Schedule as acceptable to the CONTRACTOR, showing the necessary modifications to the Schedule to ensure the completion of the Subcontract Works within the Time for Completion together with its written proposal on the measures it intends to implement to recover any imminent or actual delay to the progress of the
Subcontract Works (together, Revised Schedule). Such Revised Schedule and proposal shall be formally submitted by the SUBCONTRACTOR within seven (7) Days from the date of receipt by the SUBCONTRACTOR of such written notice. (See Particular Terms and Conditions Appendix P)
Within five (5) Days of the date of receipt of Revised Schedule, the CONTRACTOR shall review and either accept or reject the Revised Schedule. If the CONTRACTOR accepts and approves the Revised Schedule, the SUBCONTRACTOR shall immediately proceed with the implementation of Revised Schedule. If the CONTRACTOR rejects the Revised Schedule, the CONTRACTOR shall instruct the SUBCONTRACTOR in writing to re-submit the revised Schedule and proposal or to implement the measures that the CONTRACTOR considers necessary for the SUBCONTRACTOR to accelerate its progress. Without prejudice to the foregoing, the CONTRACTOR shall be entitled to require the SUBCONTRACTOR to adopt necessary acceleration measures such as, including but not limited to, increasing labor, number of shifts, overtime operations, and/or the amount of the construction equipment being used in the Subcontract Works at the SUBCONTRACTOR’s sole cost and expense. Upon receipt of the CONTRACTOR’s instruction, the SUBCONTRACTOR shall immediately proceed with the implementation of the CONTRACTOR’s instructed requirements.
If the SUBCONTRACTOR fails to proceed with the implementation of such measures to the CONTRACTOR’s complete satisfaction within three (3) Days from the date of receipt of the CONTRACTOR’s written instruction, the CONTRACTOR may have other subcontractors perform the Subcontract Works and/or increase the number of the CONTRACTOR’s supervisors and other staff to expedite the progress of the Subcontract Works at the SUBCONTRACTOR’s cost and expense. Failure of the SUBCONTRACTOR to comply with the CONTRACTOR’s instructions under these provisions shall be grounds for determination by the CONTRACTOR that the SUBCONTRACTOR is not executing the Subcontract Works to abide by the Schedule and complete the Subcontract Works within the Time for Completion. Upon such determination, the CONTRACTOR may terminate the Subcontract, or any portion thereof, in accordance with Clause 16. (See Particular Terms and Conditions Appendix P)
The SUBCONTRACTOR acknowledges that the CONTRACTOR, the COMPANY, and their contractors may be working on or around the Subcontract Works Site during the execution of the Subcontract Works. The CONTRACTOR shall be entitled to direct the SUBCONTRACTOR to render reasonable assistance to and/or cooperate with such
contractors and/or schedule the order of performance of the Subcontract Works in such a manner as not to unreasonably interfere with the execution of the work by the CONTRACTOR, the COMPANY, and their contractors. The SUBCONTRACTOR shall take all necessary steps to avoid causing any unnecessary constraints to other contractors and shall accept all consequences of any constraints to the Subcontract Works caused by other contractors. For the avoidance of doubt, the SUBCONTRACTOR shall not be entitled to request for an extension of Time for Completion and/or additional payment as a result of the SUBCONTRACTOR’s failure or unwillingness to cooperate with other contractors on the Subcontract Works Site. (See Particular Terms and Conditions Appendix P)