2.00 BUILDER'S OBLIGATIONS The builder shall: - Before starting work on site, arrange for a contract guarantee to be provided on the form in this document from a person or organisation acceptable to the employer
- When notified of the acceptance of tender, commence to build the works on the date for possession of the site and carry out the works in accordance with the contract documents, to the reasonable satisfaction and in accordance with the written instructions of the principal agent
- Provide all of the necessary materials, labour, plant and equipment to build the works, including water and electricity, etc for the works and build the works as set out in these contract documents
- Comply with all applicable statutory provisions and local authority requirements
- Insure his workmen and employees against death or injury arising out of the execution of the works
- In the event of a loss leading to a claim against the insurance policies stated in clause 4.0.1I, pay the first amount (excess) as stated in the schedule of each such claim to the employer. Such amounts may be deducted from any payment due by the employer to the builder
- Comply with all written instructions of the principal agent to make variations to the works
- Complete and hand over the works by the date for practical completion stated in the schedule, or any extensions thereof in terms of 6.01
- Make good at his own expense all incomplete and defective work within the period of liability for defects
- To Pay to the employer any penalty for delay as due to the employer on demand by the principal agent. Such amounts may be deducted from any payment due by the employer to the builder
3.00 IMPROPER CONDUCT BY THE BUILDER - The builder hereby warrants that he has not made, nor shall he make any promises to any person of the employer, nor to any relative or business associate or political associate of the employer to do or not to do anything as an inducement to award this contract to the builder nor to allow any other such wrongful inducement to gain an advantage in the carrying out of the contract. Such conduct is hereby deemed to be improper conduct
- The establishment by the employer or principal agent of proof of improper conduct by the builder shall be grounds for immediate cancellation of the contract by the employer and of payment by the builder to the employer of any loss suffered by the employer due to such cancellation
4.00 EMPLOYER'S OBLIGATIONS The employer shall: - Insure the works and materials on Site with a Builder's All Risks Policy insuring against loss by fire, explosion, earthquake and for public liability and riot with a registered insurer subject to the provisions of Clause 2.06 hereof
- Hand over the site to the builder and point out boundary pegs on the date of possession of the site
- Make payment to the builder for the work as certified by the principal agent and as set out herein
- Take possession of the works when the works have been completed by the builder
5.00 PRINCIPAL AGENT'S DUTIES The principal agents shall: - Regularly inspect the works to satisfy himself that it is being built as shown in the contract documents
- Give any instructions and/or explanations and/or variations to the builder including any relevant advice to assist the builder to understand the contract documents
- Certify payment to the builder for work done and , in the discretion of the principal agent, for materials delivered to the site
- Grant or refuse any extension of time requested by the builder to the date of practical completion
- Inspect the works to decide when it is at the stage of practical completion and, when satisfied, certify that practical completion has occurred
- Inspect the works to decide when it is at the stage of final completion and, when satisfied, certify that final completion has occurred
- Decide on the settlement of any disputes that may arise between the builder and the employer, subject to the conditions of clause 17.00
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