specimen-epc-contract.txt
Texte extraitConditions générales. 63 clauses
Liste des clauses
| Référence | Intitulé et début du texte | Pages | Mots |
|---|---|---|---|
| – | Avant la première clauseSPECIMEN EPC CONTRACT A synthetic contract written for demonstration. It follows the general order of an inter… | 33 | |
| 1 | General matters | 0 | |
| 1.1 | Language and communicationsEvery notice under this Contract shall be in writing and in English. A notice takes effect on the day it is re… | 30 | |
| 1.2 | Change of addressA Party that changes its address for notices shall tell the other Party of the new address within 7 days of th… | 23 | |
| 2 | The Employer | 0 | |
| 2.1 | Access to the SiteThe Employer shall give the Contractor access to the whole of the Site within 30 days after the Commencement D… | 40 | |
| 2.2 | Evidence of fundingWithin 21 days after a written request from the Contractor, the Employer shall provide reasonable evidence tha… | 25 | |
| 3 | The Employer's Representative | 0 | |
| 3.1 | AppointmentThe Employer shall name the Employer's Representative within 10 days after the date of this Contract. | 16 | |
| 3.2 | Replacing the RepresentativeThe Employer shall give the Contractor at least 14 days' notice before replacing the Employer's Representative… | 16 | |
| 3.3 | Replies to submissionsThe Employer's Representative shall answer any request for a decision within 14 days of receiving it. A submis… | 29 | |
| 4 | The Contractor | 0 | |
| 4.1 | Performance SecurityThe Contractor shall deliver the Performance Security to the Employer within 28 days after the Commencement Da… | 17 | |
| 4.2 | Keeping the security validWhere the Performance Security would expire before the Works are complete, the Contractor shall extend it not … | 25 | |
| 4.3 | Key PersonnelThe Contractor shall submit the names and curricula of its Key Personnel within 15 days after the Commencement… | 19 | |
| 4.4 | SubcontractorsThe Contractor shall notify the Employer's Representative of each proposed Subcontractor at least 21 days befo… | 23 | |
| 5 | Design | 0 | |
| 5.1 | Design programmeThe Contractor shall submit a design delivery schedule within 20 days after the Commencement Date. | 15 | |
| 5.2 | Errors in the Employer's RequirementsIf the Contractor finds an error in the Employer's Requirements, it shall notify the Employer's Representative… | 45 | |
| 5.3 | As-built documentsThe Contractor shall hand over the as-built drawings and operating manuals no later than 45 days before the da… | 23 | |
| 6 | Staff and Labour | 0 | |
| 6.1 | Site safety reportsThe Contractor shall send a site safety report to the Employer's Representative every 30 days. | 15 | |
| 6.2 | AccidentsThe Contractor shall report any serious accident to the Employer's Representative within 2 working days after … | 18 | |
| 7 | Plant, Materials and Workmanship | 0 | |
| 7.1 | Inspection noticeThe Contractor shall give the Employer's Representative at least 5 working days' notice before covering any wo… | 22 | |
| 7.2 | Rejected PlantThe Contractor shall replace or repair rejected Plant within 30 days of being told of the rejection. | 17 | |
| 8 | Commencement, Delays and Suspension | 0 | |
| 8.1 | Commencement of WorksThe Contractor shall begin the Works within 14 days after the Commencement Date. | 13 | |
| 8.2 | ProgrammeThe Contractor shall submit a detailed programme within 28 days after the Commencement Date. | 14 | |
| 8.3 | Progress reportsThe Contractor shall deliver a progress report to the Employer's Representative every 30 days until the Works … | 20 | |
| 8.4 | Time for CompletionThe Contractor shall complete the Works within the Time for Completion stated in the Contract Data. | 16 | |
| 8.5 | Early warning of delayThe Contractor shall warn the Employer's Representative within 7 days of learning of any event likely to delay… | 20 | |
| 8.6 | Notice of suspensionThe Contractor shall give the Employer at least 21 days' notice before suspending work for non-payment. | 16 | |
| 9 | Tests on Completion | 0 | |
| 9.1 | Notice of readinessThe Contractor shall give the Employer's Representative at least 21 days' notice of the date on which it will … | 26 | |
| 9.2 | Repeat testsIf a test fails, the Employer's Representative may require it to be repeated, and the Contractor shall repeat … | 26 | |
| 10 | Employer's Taking Over | 0 | |
| 10.1 | Taking-Over CertificateThe Employer's Representative shall issue the Taking-Over Certificate or give reasons for refusing it within 2… | 22 | |
| 11 | Defects Liability | 0 | |
| 11.1 | Defects Notification PeriodThe Contractor shall remedy any defect notified during the Defects Notification Period within 14 days of the n… | 18 | |
| 11.2 | Performance CertificateThe Employer's Representative shall issue the Performance Certificate within 28 days after the end of the Defe… | 19 | |
| 12 | Variations | 0 | |
| 12.1 | Variation proposalsWithin 14 days of receiving a Variation request, the Contractor shall submit a proposal stating its effect on … | 24 | |
| 12.2 | Objection to an instructionA Contractor that considers an instruction to be a Variation shall say so in writing within 10 days of receivi… | 33 | |
| 13 | Contract Price and Payment | 0 | |
| 13.1 | Advance paymentThe Employer shall pay the advance payment within 30 days after receiving the Performance Security and the adv… | 20 | |
| 13.2 | Payment applicationsThe Contractor shall submit a payment application at the end of every 30 days. | 14 | |
| 13.3 | Interim certificatesThe Employer's Representative shall certify each payment application within 21 days of receiving it. | 14 | |
| 13.4 | Interim paymentsThe Employer shall pay each certified amount within 45 days of the date of the certificate. | 16 | |
| 13.5 | Final statementThe Contractor shall submit a draft final statement within 56 days after receiving the Performance Certificate… | 16 | |
| 14 | Termination | 0 | |
| 14.1 | Notice to correctWhere the Contractor is in material breach, the Employer may require it to correct the breach within 30 days o… | 24 | |
| 14.2 | Termination by the ContractorThe Contractor may terminate this Contract by giving 28 days' notice if an amount certified remains unpaid 60 … | 23 | |
| 15 | Risk and Insurance | 0 | |
| 15.1 | Evidence of insuranceThe Contractor shall deliver evidence of the required insurances within 21 days after the Commencement Date. | 16 | |
| 15.2 | Insurance renewalsThe Contractor shall deliver evidence of each renewal at least 7 days before the current policy ends. | 17 | |
| 16 | Force Majeure | 0 | |
| 16.1 | Notice of Force MajeureA Party prevented from performing by Force Majeure shall notify the other Party within 14 days of becoming awa… | 37 | |
| 17 | Claims and Disputes | 0 | |
| 17.1 | Contractor's claimsIf the Contractor considers itself entitled to additional time or money, it shall notify the Employer's Repres… | 49 | |
| 17.2 | Particulars of a claimWithin 42 days of becoming aware of the event, the Contractor shall send the Employer's Representative full pa… | 21 | |
| 17.3 | Response to a claimThe Employer's Representative shall respond to the particulars within 42 days of receiving them. | 14 | |
| 17.4 | Notice of dissatisfactionA Party dissatisfied with a decision shall give notice of dissatisfaction within 28 days of receiving it. If n… | 31 | |
| 17.5 | Amicable settlementThe Parties shall attempt to settle a dispute amicably for 30 days after a notice of dissatisfaction before st… | 20 |