Conditions 1

CONDITIONS OF CONTRACT
ALI ABUBAKAR AUDU
13/32138/U/4
LECTURER DR. ABDULLAHI WAZIRI
Proposed 3 bedroom residential For QS 514 At Plot No. 42, ATBU Abuja
The Conditions here-in-before referred to:
1. Contractor's obligations
Contractor to 1.1 The Contractor shall upon and subject to these Conditions carry
carry out works out and complete the Works shown upon the Contract Drawings
and described by or referred to in the Contract Bills and in these
conditions in every respect to the reasonable satisfaction of the
Architects.
Discrepancy in or 1.2 If the Contractor shall find any discrepancy in or divergence

divergence between the Contract Drawings and/or the Contract Bills he
between shall immediately give to the Architects written notice specifying
documents the discrepancy or divergence, and the Architects shall issue
instructions in regard thereto.
Programme and 1.3 So soon as is possible after the execution of this Contract, the
progress charts Contractor shall provide without charge to the Employer (unless
he shall have been previously furnished) 6 copies of the master
programme for the execution of the Works and within 14
working days of any decision by the Architects under clause 23
or 33 with 6 copies of any amendments and revision to take into
account of that decision.
2. Architect’s instructions
Compliance with 2.1 The Contractor shall (subject to clause 2.2, 2.3 and 11.4)
Architect’s forthwith comply with all instructions issued to him by the
instruction Architects in regard to any matter in respect of which the
Architects is expressly empowered by these conditions to issue
instructions. If within 5 working days after receipt of written
notice from the Architects requiring compliance with an
instruction the Contractor does not comply therewith, then the
Employer may employ and pay other persons to execute any
work which may be necessary to give effect to such instruction
and all costs incurred in connection with such employment shall
be recoverable from the Contractor by the Employer as a debt or
may be deducted by him from any monies due or to become due
to the Contractor under this Contract.
Upon receipt of what purports to be an instruction issued to him

by the Architects, the Contractor may request the Architects to
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2.2 specify in writing the provision of these conditions which

Provisions empowers the issue of the said instruction. The Architects shall
empowering forthwith comply with any such request and if the Contractor
instruction shall thereafter comply with the said instruction (neither party
before such compliance having given to the other a written
request to concur in the appointment of an Arbitrator under
clause 35 in order that it may be decided whether the provision
specified by the Architects empowers the issue of the said
instruction) then the issue of the same shall be deemed for all the
purposes of this Contract to have been empowered by the
provision of these conditions specified by the Architects in
answer to the Contractor's request.
Instruction to be 2.3 All instructions issued by the Architects shall be in writing. Any
in writing instruction issued orally shall be of no immediate effect, but
shall be confirmed in writing by the Architects within 5 working
days. Provided always:
Statements in the 2.3.1 that any statement purported to be an instruction contained in

minutes of a site the minutes of site meetings shall be deemed to be an oral
meeting instruction and shall be subject to confirmation as provided
purporting to be by clause 2.3
an instruction
Channeling of 2.3.2 That any instruction(s) purported to be issued to the

instructions Contractor by any other agent of the Employer shall be of no
effect unless issued through the Architects.
3. Contract Documents (Amended)
Custody of 3.1 The Contract Drawings and the Contract Bills shall remain in
Contract Bills the custody of the Employer. Certified true copies of the
and Contract Contract Bills shall be given to the Contractor, the Architects
Drawings and the Quantity Surveyor.
3.2 Immediately after the execution of this Contract, the Employer

without charge to the Contractor, shall furnish him (unless he
shall have been previously furnished) with:
one copy certified on behalf of the Employer of the Articles

3.2.1 of Agreement and these Conditions,
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3.2.2 two copies of the Contract Drawings, and
3.2.3 Two copies of the unpriced Bills of Quantities and (if

requested by the Contractor) one copy of the Contract Bills.
Specifications, 3.3 So soon as is possible after the execution of this Contract the
descriptive, Architects without charge to the Contractor shall furnish him
schedules etc (unless he shall have been previously furnished) with two copies
of the specifications, descriptive schedules or other like
documents necessary for use in carrying out the works.
Provided that nothing contained in the said Specifications,

descriptive schedules or other documents shall impose any
obligation beyond those imposed by the Contract Documents,
namely: the Contract Drawings, the Contract Bills, the Articles
of Agreement and these Conditions.
Drawings or 3.4 As and when from time to time may be necessary the Architects
details without charge to the Contractor shall furnish him with two
copies of such drawings or details as are reasonably necessary
either to explain and amplify the Contract Drawings or to enable
the Contractor to carry out and complete the Works in
3.4.1 accordance with these Conditions.
The contract drawings and the contract Bills shall remain in the
custody of the Architect or of the Quantity surveyor so as to be
available at all reasonable times for the inspection of the
Employer or of the Contractor.
Availability of 3.5 The Contractor shall keep one copy of the Contract Drawings,
Contract one copy of the unpriced Bills of Quantities, one copy of the
documents specifications, descriptive schedules or other documents referred
to in clause 3.3 and one copy of the drawings and details
referred to in clause 3.4 upon the Works so as to be available to
the Architects and the Quantity Surveyor or their representatives
at all reasonable times.
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Upon final payment under clause 30.6 the Contractor shall if so

Return of 3.6 requested by the Architects forthwith return to the Architects all
drawings etc drawings, details, specifications, descriptive schedules and other
documents of like nature which bear his name.
Limits to use of 3.7 None of the documents hereinbefore mentioned shall be used by
documents the Contractor for any purpose other than this Contract and
neither the Employer, the Architects nor the Quantity Surveyor
shall divulge or use except for the purpose of this Contract any
of the prices in the Contract Bills.
Issue of 3.8 Any certificate to be issued by the Architect under these

certificate conditions shall be issued to the contractor
4. Statutory obligations, notices, fees and charges
Statutory 4.1 The Contractor shall comply with and give all notices required
requirements by any legislation, or any regulation or bye-law of any local
authority or of any statutory undertaker which has any
jurisdiction with regard to the Works or with whose systems the
same are or will be connected. The Contractor before making
any variation from the Contract Drawings or Contract Bills
necessitated by such compliance shall give to the Architects a
written notice specifying and giving the reason for such variation
and the Architects may issue instructions in regard thereto. If
within 5 working days of receipt by the Architects of the said
written notice the Contractor does not receive an instruction in
regard to the matters therein specified he shall proceed with the
work conforming to the legislation, instrument, rule, order,
regulation or bye-law in questions and any variation thereby
necessitated shall be deemed to be a variation required by the
Architects.
Fees or charges 4.2 The Contractor shall pay and indemnify the Employer against
liability in respect of any fees charges (including any rate or
taxes) legally demandable under any legislation, or instrument,
rule or order made under any legislation, or any regulation bye-
law of any local authority or of any statutory undertaker in
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respect of the Works. Provided that the amount of any such fees
or charges (including any rates or taxes) shall be added to the
Contract Sum unless they:
4.2.1 Arise in respect of work executed or materials or goods

supplied by a local authority or statutory undertaker for
which a prime cost sum has arisen as a result of Architect’s
instructions given under clause 2, or
4.2.2 Are priced or stated by way of a provisional sum in the

Contract bills.
5. 6. LevelsQuality
and setting out of thegoods
of materials, Works and workmanship to conform to
Description, testing and inspection (Amended).
The Architects shall determine any levels which may be required
Kinds and 6.1for theAllexecution
materials, of the and
goods Works, and shall
workmanship furnish
shall to procurable
so far as the
standards Contractor
be of by
the way of accurately
respective kinds anddimensioned drawings
standards in the Contractsuch
Bills.
information as shall enable the Contractor to set out the Works
Vouchers 6.2at ground
Thelevel. Unlessshall
Contractor the Architects shall otherwise
upon the request instruct,furnish
of the Architects in
materials and which him
casewith
the Contract
vouchers Sum shallthat
to prove be the
adjusted accordingly,
materials and goodsthecomply
goods Contractor shall be responsible
with clause 6.1. for and shall entirely at his own
cost amend any errors arising from his own inaccurate setting
Inspection - tests 6.3out. The Architects may issue instructions requiring the Contractor to
open up for inspection any work covered up or to arrange for or
carry out any test of any materials or goods (whether or not
already incorporated in the Works) or of any executed works
and the cost of such opening up or testing (together with the cost
of making good in consequence thereof) shall be added to the
Contract Sum unless provided for in the Contract Bills or unless
the inspection or test shows that the work, materials or goods
are not in accordance with this Contract.
Powers of 6.4 The Architects may but not unreasonably or vexatiously issue
Architects - instructions in regard to the removal from the Site of any work,
work not in materials or goods which are not in accordance with this
accordance with Contract.
the Contract
Exclusion from 6.5 The Architects may but not unreasonably or vexatiously issue
the Works of instructions to the Contractor requiring the exclusion from the
persons Works of any person(s) employed thereon. The reasons for such
employed thereon instructions (such as negligence, poor workmanship, failure to
adhere to reasonable instructions or any other) shall be clearly
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stated in writing. In the event of such anCONDITIONS
instructionOF
being given,
CONTRACT
the Contractor shall replace the person(s) so removed forthwith
and with immediate effect.
7. Royalties and patent rights
Treatment of 7.1 All royalties or other sums payable in respect of the supply and
royalties, etc use in carrying out the Works as described by or referred to in
indemnity to the Contract Bills of any patented articles, processes or
Employer inventions shall be deemed to have been included in the
Contract Sum and the Contractor shall indemnify the Employer
from and against all claims, proceedings, damages, cost and
expenses which may be brought or made against the Employer
or to which he may be put by reason of the Contractor infringing
or being held to have infringed any patent rights in relation to
any such articles, processes or inventions.
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Architect’s 7.2 Provided that where in compliance with the Architect’s

instruction instructions the Contractor shall supply and use in carrying out
treatments of the Works any patent articles, processes or inventions, which but
royalties, etc for the Architect’s instruction he would not have supplied and
used or would not have had to supply and use to carry out the
original Works, the Contractor shall not be liable in respect of
any infringement or alleged infringement of any patent rights in
relation to any such articles, processes or inventions and all
royalties, damages or other monies which the Contractor may be
liable to pay the persons entitled to such patent right shall be
added to the Contract Sum.
8. Person-in-charge (Amended)
8.1 The Contractor shall constantly keep upon the Works a

competent and English-speaking person-in-charge and any
instructions given to him by the Architects shall be deemed to
have been issued to the Contractor.
8.2 Where in the opinion of the Architects the person-in-charge does

not satisfy any of the provisions of clause 8.1 the Architects
shall issue an instruction for his replacement which instruction
shall be complied forthwith and with immediate effect.
9. Access for Architects to the works
The Architects and his representative(s) shall at all times have

access to the works and to the workshops or other places of the
Contractor where work is being prepared for this Contract and
when work is to be prepared in workshops or other places of a
Sub-Contractor (whether or not a Named Sub-Contractor as
defined in clause 27) the Contractor shall by a term in the Sub-
Contract so far as possible, secure a similar right of access to
those workshop or places for the Architects and his
representative(s) and shall do all things reasonably necessary to
make such rights effective.
10. Clerk of works
The Employer shall be entitled to appoint a clerk of works

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whose duty shall be to act solely as inspector on behalf of the

Employer under the directions of the Architects
The Contractor shall afford every reasonable facility for the

performance of that duty. If any direction is given to the
Contractor or to his Site Agent upon the Works by the Clerk of
Works, the same shall be of no effect unless given in regard to a
matter in respect of which the Architects is expressly
empowered by these Conditions to issue instructions and unless
confirmed in writing by the Architects within 5 working days of
it being given. If any such direction is so given and confirmed or
is put into writing and sent by the Contractor to the Architects so
as to reach the Architects within 2 working days of such
direction having been given by the Clerk of Works and if not
dissented from by the Architects within 5 working days of its
receipt by him, then as from the date of the direction having
been given by the Clerk of Works it shall be deemed to be an
Architect’s instruction.
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11. Variations, provisional and prime cost sums (Amended)
Definition of 11.1 The term `Variation' as used in these Conditions means the
variation alteration or modification of the design, quality and quantity of
the Works as shown upon the Contract Drawings and described
by or referred to in the Contract Bills. It includes the addition,
omission, substitution or postponement of any work, the
alteration of the kind or standard of any material or goods used
or to be used in the Works and the removal from the Site of any
work, materials or goods used or to be used in or brought to the
Site by the Contractor for the purpose of the Works, other than
work, materials or goods which are not in accordance with this
Contract. It also includes the corrections of errors and omissions
in the Contract Drawings.
Reasons for 11.2 Variations may arise due to the following reasons:
variations
11.2. 1 circumstances that could not have been reasonably foreseen
before preparation of the Contract Bills
11.2. 2 additional requirements of the Employer
11.2. 3 compliance with new government orders or legislation
11.2. 4 corrections of errors or omissions in the Contract Drawings
5 substitution of materials, goods and workmanship specified

11.2. in the Contract.
Instructions 11.3 The Architects may issue instructions requiring a variation and
requiring a he may sanction in writing any variation made by the Contractor
variation otherwise than pursuant to the instructions of the Architects. No
variation required by the Architects or subsequently sanctioned
by him shall vitiate this Contract.
Limit to 11.4 Notwithstanding the provision of clause 11.3, any variation

variations required by the Architects resulting in either a net addition to the
Contract Sum in excess of the amount stated in the Appendix, or
a cumulative adjustment to the Contract Sum in excess of the
provisional sum (if any) allowed in the Contract Bills as
contingency, shall be of no effect unless approved by the
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Employer in writing to the Architects and the Contractor within

14 working days of a written request by the Architects.
Instructions on The Architects shall issue instructions in regard to the

provisional sums 11.5 expenditure of prime cost and provisional sums included in the
Contract Bills.
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Valuation of work 11.5. 1 All variations required by the Architects or subsequently

on variations and sanctioned by him in writing and all work executed in
provisional sums accordance with instructions by the Architects as to the
expenditure of prime cost and provisional sums which are
included in the Contract Bills shall be measured and valued
by the Quantity Surveyor and such valuation (in these
Conditions called `the Valuation') shall, unless otherwise
agreed by the Employer and the Contractor be made in
accordance with the following rules:
11.5. 1.1where the work is of similar character to or is executed under
similar conditions as and does not significantly change the
quantity of work set out in the Contract Bills, the rates
and prices for the work so set out shall determine the
valuation;
11.5. 1.2where the work is of similar character to work set out in the
Contract Bills but is not executed under similar conditions
thereto and/or significantly changes the quantity thereof
the rate and prices for the work so set out shall be the
basis for determining the valuation and the valuation shall
include a fair allowance for such difference in condition
and/or quantity;
11.5. 1.3where the work is not of similar character to work set out in
the Contract Bills the work shall be valued at fair rate and
prices;
11.5 1.4Where work cannot properly be measured and valued, the

Contractor shall be allowed day-work rates on the basis
of the prime cost of materials, labour and plant used
thereon together with percentage additions to each section
of the prime cost at the rate set out by the Contractor in
the Contract Bills and recorded in the Appendix. Provided
that in any case vouchers specifying the time daily spent
upon the work and if required by the Quantity Surveyor
the workmen's names materials and plant employed shall
be delivered for verification to the Quantity Surveyor or
his authorized representative not later than the end of the
week following that in which the work has been executed;
11.5. 1.5the prices in the Contract Bills shall determine the valuation
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of items omitted, provided that if omissions substantially

vary the conditions under which any remaining items of
work are carried out the prices for such remaining items
shall be valued under clause 11.5.1.2.
Contractors right 11.6 Where it is necessary to measure work for the purpose of the
to be present at valuation, the Quantity Surveyor shall give to the Contractor an
the measurement opportunity of being present at the time of such measurement
and of taking such notes and measurements as the Contractor
may require.
Valuations - 11.7 Effect shall be given to the measurement and valuation of

addition to or variations under clause 11.5 in interim certificates and by
deduction from adjustment of the Contract Sum; and effect shall be given to the
Contract Sum measurement and valuation of work for which a provisional sum
is included in the Contract Bills under the said clause in interim
certificates and by adjustment of the Contract Sum in
accordance with clause 30.5.3.
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12. Contract Bills (Amended)
The quality and quantity of the work included in the Contract

Sum shall be deemed to be that which is set out in the Contract
Bills referred to in clause 3. The Contract Bills have been
prepared in general accordance with the principles of the
Standard Methods of Measurement of Building Works (Seventh
Edition) last issued by the Royal Institution of Chartered
Surveyors and the Building Employers Confederation, severally
amended for use in Nigeria by Design Cost Associates.
Any error in description or in quantity or any omission of items

from the Contract Bills shall not vitiate this Contract but shall be
rectified and treated as a variation.
13. Contract Sum
The Contract Sum shall not be adjusted or altered in any way

whatsoever otherwise than in accordance with the express
provisions of these Conditions, and subject to clause 12 any
error whether of arithmetic or not in the computation of the
Contract Sum shall be deemed to have been accepted by the
parties hereto.
14. Unfixed materials and goods
Unfixed material and goods intended for delivery to and placed

on the Works or any other location approved by the Architects in
consultation with the Employer shall not be removed except for
use upon the Works unless the Architects has consented in
writing to such removal which consent shall not be unreasonably
withheld. Where the value of any such materials or goods has in
accordance with clause 30.2 been included in any interim
certificate under which the Contractor has received payment,
such materials and goods shall become the property of the
Employer, but subject to clause 20.2 or clause 20.3 (if
applicable), the Contractor shall remain responsible for loss or
damage therefor and for the cost of storage, handling and
insurance of same.
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15. Practical completion and defects liability
Certificate of 15.1 When in the opinion of the Architects the Works are practically
Practical completed, he shall forthwith issue a certificate to that effect and
Completion practical completion of the Works shall be deemed for all the
purposes of this Contract to have taken place on the day named
in such certificate.
15.2 If however, in the opinion of the Contractor practical completion

of the Works has been achieved, he shall notify the Architects in
writing and if within 14 days there is no letter to the contrary
from the Architects then it shall be presumed that practical
completion has been achieved.
Defects, 15.3 Any defects, shrinkages or other faults which shall appear within
shrinkages and the defects liability period stated in the Appendix and which are
other faults due to materials or workmanship not in accordance with this
Contract or to exposure to sun or weather occurring before
practical completion of the Works shall be specified by the
Architects in a schedule of defects which he shall deliver to the
Contractor not later than 14 days after the expiration of the said
defects liability period, and within a reasonable time after
receipt of such schedule, the defects, shrinkages and other faults
therein specified shall be made good by the Contractor and
(unless the Architects shall otherwise instruct in which case the
Contract Sum shall be adjusted accordingly) entirely at his own
cost.
Defects etc, 15.4 Notwithstanding clause 15.3 the Architects may whenever he
Architect’s considers it necessary so to do, issue instructions requiring any
instructions defects, shrinkages or other faults which shall appear within the
Defects Liability Period named in Appendix which are due to
materials or workmanship not in accordance with this Contract
or to exposure to sun or weather occurring before practical
completion of the Works to be made good, and the Contractor
shall within a reasonable time after receipt of such instructions
comply with the same and (unless the Architects shall otherwise
instruct, in which case the Contract Sum shall be adjusted
accordingly) entirely at his own cost. Provided no such
instructions shall be issued after delivery of a schedule of
defects or after 14 days from the expiration of the Defects
Liability Period.
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Certificate of 15.5 When in the opinion of the Architects any defects, shrinkages or
completion of other faults which he may have required to be made good under
making good clauses 15.3 and 15.4 shall have been made good, he shall issue
defects a certificate to that effect and completion of making good
defects shall be deemed for all purposes of this Contract to have
taken place on the date named in such certificate.
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In no case shall the Contractor be required to make good at his

own cost any damage by sun or weather which may appear after
15.6 practical completion of the Works, unless the Architects shall
Damage by certify that such damage is due to injury which took place before
weather practical completion of the works.
16. Sectional completion
Possession by 16.1 If at anytime or times before practical completion of the Works

Employer the Employer with the consent of the Contractor shall take
relevant part possession of any part or parts of the same (any such part being
hereinafter in this clause referred to as the `relevant part') then
notwithstanding anything expressed or implied elsewhere in this
Contract:
Valuation - 16.1. 1 within 7 days from the date on which the Employer shall
relevant part have taken possession of the relevant part, the Architects
shall issue a certificate stating his estimate of the
approximate total value of the relevant part and for all the
purposes of clause 16 (but no other) the value so stated shall
be deemed to be the total value of the relevant part,
Practical 16.1. 2 for the purposes of clause 15.3, 15.4 and 15.6 and clause
completion 16.1.6.2 practical completion of the relevant part shall be
relevant part deemed to have occurred and the Defect Liability Period in
respect of the relevant part shall be deemed to have
commenced on the date on which the Employer shall have
taken possession thereof,
Defects, etc - 16.1. 3 when in the opinion of the Architects any defects, shrinkages
relevant part or other faults in the relevant part which he may have
required to be made good under clause 15.3 or 15.4 shall
have been made good, he shall issue a certificate to that
effect,
Insurance - 16.1.4 the Contractor shall reduce the value insured under clause 20.1
relevant part (if applicable) by the full value of the relevant part and the said
relevant part shall as from the date on which the Employer shall
have taken possession thereof be at the sole risk of the Employer
as regards any of the contingencies referred to in the said clause,
Sectional Completion
In lieu of any sum to be paid or allowed by the Contract under
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Liquidated 16.1.5 clause 22 in respect of any period during which the Works may
damages relevant remain incomplete occurring after the date on which the
part Employer shall have taken possession of the relevant part there
shall be paid or allowed such sum as bears the same ratio to the
sum which would be paid or allowed apart from the provisions
of clause 16 as does the Contract Sum less the total value of the
said relevant part to the Contract Sum,
Retention fund - 16.1. 6. 1 within 14 days of the date on which the Employer shall
relevant part have taken possession of the relevant part there shall be
paid to the Contractor from the sum(s) then retained under
clause 30.3 (if any) one moiety of such amount as bears
the same ratio to the unreduced amount named in the
Appendix as Limit of Retention Fund as does the total
value of the relevant part of the Contract Sum and the
amount named in the Appendix as limit of retention shall
be reduced by the amount of such moiety.
16.1. 6. 2 on the expiration of the Defects Liability Period named in

the Appendix in respect of the relevant part or on the issue
of the certificate of completion or making good defects in
respect of the relevant part, whichever is the later, there
shall be paid to the Contractor from the sum(s) then
retained under clause 10.3 (if any) the other moiety of the
amount referred to in clause 16.1.6.1 and the amount
named in the Appendix as Limit Retention Fund shall be
reduced by the amount of such moiety.
17. Assignment or sub-letting
Assignment by 17.1 The Employer shall not without the written consent of the
Employer Contractor assign this Contract.
Assignment by 17.2 The Contractor shall not without the written consent of the
Contractor Employer assign this Contract.
Sub-letting 17.3 The Contractor shall not without the written consent of the
Employer or the Architects (which consent shall not be
unreasonably withheld) sublet any portion of the Works which
subletting shall not relieve the Contractor of his obligation(s) to
the Employer under this Contract.
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Determination of 17.4 Provide that it shall be a condition in any sub-letting which may
employment of occur that the employment of the Sub-Contractor under the Sub-
Sub-Contractor Contract shall determine immediately upon the determination for
any reason of the Contractor's employment under this Contract.
Nothing within this clause shall be deemed to affect the
Contractor's employment of task workers.
Liability of 18. Injury to persons and property and indemnity to Employer

Contractor for
injury or damage 18.1 The Contractor shall be liable for, and shall indemnify the
to property Employer against any expense, liability, loss, claim or
indemnity to proceedings whatsoever arising under any statute or at common
Employer law in respect of personal injury to or death of any person
whomsoever arising out of or in the course of or caused by the
carrying out of the Works, except to the extent that the same is
due to any act or neglect of the Employer or of any person for
whom the Employer is responsible including the persons
employed or otherwise engaged by the Employer to whom
clause 29 refers.
Liability of 18.2 The Contractor shall subject to clause 18.3 and, where
Contractor for applicable clause 20.3, be liable for, and shall indemnify the
injury or damage Employer against any expense, liability, loss, claim or
to property proceedings in respect of any injury or damage whatsoever to
indemnity any property real or personal in so far as such injury or damage
Employer arises out of or by reason of or carrying out of the Works, and to
the extent that the same is due to any negligence, breach of
statutory duty, omission or default of the Contractor, his staff or
agent(s) or of any person employed or engaged upon or in
connection with the Works or any part thereof, his staff or
agent(s) or of any other person who may properly be on the site
upon or in connection with the Works or any part thereof, his
staff or agent(s).
Injury or damage 18.3 The reference to real or personal property in clause 18.2 does
to property not include the Works being executed, materials on site or any
exclusion of the other location approved by the Architects or the Employer.
Works and site
materials
18.4 Upon the issue of the certificate of sectional completion of any

portion of the Works, the relevant part shall become real or
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personal property.
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19. Insurance against injury to persons or property
Contractor's 19.1. 1. Without prejudice to his obligation to indemnify the

insurance for Employer under clause 18, the Contractor shall take out and
personal injury or maintain and cause any Sub-Contractor to take out and
death injury or maintain such insurances necessary to cover the liability of
damage to the Contractor, or as the case may be, of such Sub-
property Contractor in respect of personal injury or death arising out
of or in the course of or caused by carrying out of the Works
not due to any act or neglect of the Employer or of any
person for whom the Employer is responsible including the
persons employed or otherwise engaged by the Employer to
whom clause 29 refers and in respect of injury or damage to
property (real or personal), arising out of or in the course of
or by reason of the carrying out of the Works and caused by
negligence, omission or default of the Contractor, his staff or
agent(s) or as the case may be of
such Sub-Contractor, his staff or agent(s) and also such
insurances as are necessary against claims by third parties
under public liability risks in respect of injury and/or damage
to property (real or personal) including third party fire risk
arising out of or in the course of or by reason of the carrying
out of the Works and caused by any negligence, omission or
default of the Contractor, his staff or agent(s) or, as the case
may be, of such Sub-Contractor, his staff or agent(s).
19.1. 2 The insurance in respect of claim(s) for personal injury to, or

death of any person under a Contract of service or
apprenticeship with the Contractor or the Sub-Contractor as
the case may be, and arising out of and in the course of such
person's employment, shall comply with the appropriate law
and statutory orders made thereunder or any amendment or
re-enactment thereof. For all other claim(s) to which clause
19 applies, the insurance cover shall be the sum stated in the
Appendix (or such greater sum as the Contractor may
choose) for any one occurrence or series of occurrences
arising out of one event.
19.1. 3 As and when he is reasonably required so to do by the

Employer, the Contractor shall send and shall cause any Sub-
Contractor to send to the Architects for inspection
documentary evidence that the insurance(s) required by
Page 20
clause 19 have been taken out and are being maintained but
at any time the Employer or the Architects may (but not
unreasonably or vexatiously) require to have produced for his
inspection the policy or policies and premium receipts in
question.
Page 21
Insurance against injury to persons or property
19.1. 4 If the Contractor defaults in taking out or in maintaining, or

causing any Sub-Contractor to take out and maintain,
insurance as provided in clause 19, the Employer may
himself insure against any liability or expenses which he may
incur arising out of such default and the sum(s) equivalent to
the amount paid or payable by him in respect of premium(s)
therefore may be deducted by him from any money or monies
due or to become due to the Contractor under this Contract
or such amount may be recoverable by the Employer from
the Contractor as a debt.
Provisional sum 19.2 Where a provisional sum is included in the Contract Bills in
for insurance respect of the insurance to which this clause refers the
Contractor shall maintain in the joint names of the Employer
and the Contractor insurance(s) for such amount(s) of
indemnity as may be specified in the Contract Bills in respect
of any expense, liability, loss, claim or proceedings which the
Employer may incur or sustain by reason of damage to any
property other than the Works caused by collapse,
subsidence, vibration, weakening or removal of support or
lowering of ground water arising out of or in the course of or
by reason of the carrying out of the Works excepting damage
as specified in clause 19.3.
19.2. 2 Any such insurance as is referred to in clause 19.2.1 shall be

placed with insurers to be approved by the Employer and the
Contractor shall send to the Architects for deposit with the
Employer the policy or policies and the receipts in respect of
premiums paid.
19.2. 3 The amount(s) expended by the Contractor to maintain the

insurance(s) referred to in clause 19.2.1 shall be an
adjustment to the Contract Sum.
Excepted risks 19.3. 1 Notwithstanding the provisions of clause 18.2 or clauses 19.1
and 19.2, the Contractor shall not be liable to indemnify the
Employer or to insure against any damage, loss or injury
caused to the Works, the site or any property by the effect of
ionizing radiation or contamination by radioactivity from any
Page 22
nuclear fuel or from any nuclear waste from the combustion

of nuclear fuel, radioactive toxic explosive or other
hazardous properties or any explosive nuclear assembly or
nuclear component thereof, pressure waves caused by
aircraft or other aerial devices travelling at sonic or
supersonic speeds. And also excepting damage:
Page 23
19.3. 1.1 caused by the negligence, omission or default of the

Contractor, his staff or agent(s),
1.2attributable to errors or omissions in the designing of the

19.3. Works,
19.3. 1.3which can reasonably be foreseen to be inevitable having

regard to the nature of the work to be executed or the
manner of its execution,
19.3 1.4Which is the responsibility of the Employer to insure under

clause 20.2 or 20.3 (if applicable).
20. Insurance of the Works - Erection of new buildings-All Risks

Insurance of the Works by the Contractor
Contractor to 20.1 The Contractor shall take out and maintain in the joint names of
take out and the Employer and Contractor a policy for All Risks insurance to
maintain a joint cover for full reinstatement value of the Works (plus the
names policy percentage, if any, to cover professional fees stated in the
Appendix) and shall (subject to clause 16)
Maintain such policy up to and including the date of issue of the
Certificate of Practical Completion or up to and including the
date of determination of the employment of the Contractor under
clause 25 or clause 26 (whether or not the validity of that
determination is contested) whichever is the earlier.
Single policy of 20.2 The insurance referred to in clause 20.1 shall be taken out with
insurance insurers approved by the Employer and the Contractor shall send
approved by to the Architects for deposit with the Employer that policy and
Employer and the premium receipt(s) thereof and also any relevant
failure by endorsement or endorsements thereof as may be required to
Contractor to comply with the obligation to maintain that policy set out in
insure clause 20.1 and the premium receipt(s) thereof. If the Contractor
defaults in taking out or in maintaining such policy the Employer
may himself take out and maintain such policy any risk in
respect of which the default shall have occurred and a sum or
sums equivalent to the amount paid or payable by him in respect
of premiums therefor may be deducted by him from any money
or monies due or to become due to the Contractor under this
Contract or such amount may be recoverable by the Employer
Page 24
from the Contractor as a debt.
Page 25
Insurance of the Works - Erection of new buildings-All Risks

Use of annual 20.3. 1 If the Contractor independently of his obligation under this
policy maintained Contract maintains a policy of insurance which provides
by Contractor (inter alia) All Risks Insurance to cover for the full
reinstatement value of the Works (plus the percentage, if any,
to cover professional fees stated in the Appendix) then the
maintenance by the Contractor of such policy shall, if the
Employer's interest in that policy of insurance is endorsed
thereon be a discharge of the Contractor's obligation to take
out and maintain a policy under clause 20.1 in the joint
names of the Employer and the Contractor, if and so long as
the Contractor is able to send for inspection by the Architects
or the Employer as and when he is reasonably required to do
so by the Employer documentary evidence that such a policy
is being maintained, then the Contractor shall be discharged
from his obligation under clause 20.2 to deposit the policy
and the premium receipt(s) with the Employer but on any
occasion the Employer may (but not unreasonably or
vexatiously) require to have sent for inspection by the
Architects or the Employer the policy to which this clause
refers and the premium receipt(s) therefor. The annual
renewal date as supplied by the Contractor of the insurance
referred to in this clause is to be stated in the Appendix.
20.3. 2 The provisions of clause 20 shall apply in regard to any

default in taking out or in maintaining insurance under clause
20.3.1.
Loss or damage 20.4. 1 If any loss or damage affecting work executed or any part
to the Works thereof or any materials on site is occasioned by any one or
insurance claims more of the risks covered by such policy referred to in
Contractor's clauses 20.1, 20.2, and 20.3, then upon discovering the said
obligations use of loss or damage, the Contractor shall forthwith give notice in
insurance monies writing both to the Architects and to the Employer of the
extent, nature and location thereof.
20.4. 2 The occurrence of such loss or damage shall be dis-regarded

in computing any amount(s) payable to the Contractor under
or by virtue of this Contract.
Page 26
20.4. 3 After any inspection required by the insurers in respect of a

claim under the policy referred to in clauses 20(A).1, 20.2,
and 20.3 has been completed, the Contractor with due
diligence shall restore such work damaged, replace or repair
any such materials on site which have been lost or damaged,
remove and dispose of any debris and proceed with the
carrying out and completion of the Works.
Insurance of the Works - Erection of new buildings-All Risks

20.4.
4 The Contractor, for himself and for all Named Sub-
Contractors who are recognized as insured under the policy
referred to in clause 20.1, 20.2, and 20.3, shall authorize the
insurers to pay all money or monies from such insurance in
respect of the loss or damage referred to in clause 20.1 to the
Employer. The Employer shall pay such money or monies
(less only the percentage, if any, to cover professional fees
stated in the Appendix) to the Contractor by installments
under certificates of the Architects issued at the period of
interim certificates.
20.4. 5 The Contractor shall not be entitled to any payment in
respect of the restoration, replacement or repair of such loss
or damage and (when required) the removal and disposal of
debris other than the money or monies received under the
aforesaid insurance.
21. Possession, commencement, completion and postponement

(Amended)
Upon the appointment of the Contractor a date shall be fixed by
Date of 21.1 which the Contractor should be fully mobilized.
Possession
progress to
completion date
The date so fixed shall be the date for commencement and the
Contractor shall thereupon begin the Works and proceed
regularly and diligently with the same and shall complete the
same on or before the date for completion stated in the Appendix
subject nevertheless to the provision for extension of time
contained in clauses 23 and 33.1.3.
Page 27
architect’s 21.2 Upon the application of either party to this Contract and without
instructions prejudice to any other rights and obligations under this
postponement Contract, the Architects may issue instructions in regard to the
postponement of any work to be executed under the provisions
of this Contract.
22. Liquidated and ascertained damages for non-completion

(Amended)
22.1 If the Contractor fails to complete the Works by the date for
completion stated in the Appendix or within any extended time
fixed under clause 23 or clause 33.1.3 and the Architects
certifies in writing that in his opinion the same ought reasonably
so to have been completed, then the Contractor shall pay or
allow to the Employer a sum calculated at the rate stated in the
Appendix as liquidated and ascertained damages for the period
during which the Works shall so remain or have remained
incomplete, and the Employer may deduct such sum from any
money or monies due to or to become due to the Contractor
under this Contract.
Bonus for early 22.2 If the Contractor achieves completion of the Works prior to the
completion Date for Completion stated in the Appendix, the Employer shall
pay or allow to the Contractor a sum calculated at the rate stated
in the Appendix as bonus for early completion for every week or
part thereof which shall elapse between the date stated in the
Certificate of Practical Completion issued in accordance with
clause 15.1 and the Date for completion in accordance with
clause 21.
23. Extension of time (Amended)
Notice by 23.1 Upon it becoming reasonably apparent that the progress of the
Contractor of Works is or will be delayed, the Contractor shall forthwith give
delay to progress written notice of the cause of the delay to the Architects and if in
the opinion of the Architects completion of the Works has been
delayed.
Relevant events 23.1. 1 by force majeure, or

Page 28
23.1. 2 by reason of any exceptionally inclement weather, or
23.1. 3 by reason of loss or damage occasioned by any one or more

of the contingencies referred to in clause 20, or
23.1. 4 by reason of civil commotion, local combination of workmen,

strike or lockout affecting any of the trades engaged in the
preparation, manufacture or transportation of any of the
goods or materials required for the Works, or
23.1. 5 by reason of Architect’s instructions issued under clauses 1.2,

11.1, 11.3, 21.2 and 34.2, or
23.1. 6 by reason of the Contractor not having received in due time

necessary instructions, drawings, details, levels or approvals
from statutory or other similar authorities and/or the
Architects for which he specifically applied in writing on a
date which having regard to the date for completion stated in
the Appendix or to any extension of time then fixed under
this clause or clause 33.1.3 was neither unreasonably distant
from nor unreasonably close to the date on which it was
necessary for him to receive the same, or
23.1. 7 by the delayed completion of work by any Named Sub-

Contractor provided that such delayed completion has been
the subject of an extension of time granted to the Named
Sub-Contractor in accordance with these conditions and
provided also that such extension of time was not granted on
the grounds of delay to the Named Sub-Contractor by the
Contractor, or by the delayed delivery of materials supplied
by a Named Supplier, provided that such delayed delivery
has been the subject of an extension of delivery time granted
by the Architects to the Named Supplier, or
23.1. 8 by delay on the part of artists, tradesmen or others engaged

by the Employer in executing work not forming part of this
Contract, or
Extension of time (Amended)
23.1. 9 by reason of the opening up for inspection of any work

Page 29
covered up or of the testing of any of the materials or goods

in accordance with clause 6.3 (including making good in
consequence of such opening up or testing), unless the
inspection or test showed that the materials or goods were
not in accordance with this Contract,
then the Architects shall so soon as he is able to estimate the
length of the delay beyond the date or time aforesaid grant in
writing a fair and reasonable extension of time for completion
of Works. Provided always that the Contractor shall use
constantly his best endeavours to prevent delay and shall do
all that may reasonably be required to the satisfaction of the
Architects to proceed with the Works.
Page 30
Contractor not 23.2 The granting of an extension of time by virtue of this clause shall
entitled to not entitle the Contractor to any additional payment unless he is
additional thus entitled under any of the specific provisions of clause 24.
payment
24. Loss and expense caused by disturbance of regular progress

of the Works (Amended)
24.1 If an extension of time is granted pursuant to clause 23 and if

such extension of time is due to any of the reasons specified in
clauses 24.1.1 to 24.1.5 inclusive:
Matters 24.1. 1 the Contractor not having received in due time necessary
materially instructions, drawings, details, levels or approvals from
affecting regular statutory or similar authorities and/or the Architects for which
progress of the he specifically applied in writing on a date which having
Works direct loss regard to the date for completion stated in the Appendix or to
and/or expense any extension of time then fixed under clause 23 or clause
33.1.3 was neither unreasonably distant from nor
unreasonably close to the date on which it was necessary for
him to receive the same, or
24.1. 2 the opening up for inspection of any work covered up or the

testing of any of the materials or goods in accordance with
clause 6.3 (including making good in consequence of such
opening up or testing), unless the inspection or test showed
that the materials or goods were not in accordance with this
Contract, or
24.1. 3 any discrepancy in or divergence between the Contract

Drawings, or
24.1. 4 delay on the part of artists, tradesmen or others engaged by

the Employer in executing work not forming part of this
Contract, or
24.1. 5 Architect’s instructions issued in regards to the postponement

or suspension of any work to be executed under the
provisions of the Contract, or
Then subject to the Contractor having given to the Architects the

written notice required by clause 23 of these Conditions
Page 31
immediately upon it becoming apparent that the progress of the

Works is or will be delayed, a sum calculated by the Quantity
Surveyor at the rate stated by the Contractor in the Contract
Bills as Liquidated and Ascertained Loss and Expense for the
period of the said extension of time shall be added to the
Contract Sum.
Page 32
Amount 24.2 Any amount from time to time so ascertained in clause 24.1 shall
ascertained added be added to the Contract Sum, and if an interim certificate is
to Contract Sum issued after the date of ascertainment, such amount shall be
added to the amount which would otherwise be stated as due in
such certificate.
Loss and expense caused by disturbance of regular progress

of the Works (Amended)
Limitation of 24.3 The Contractor shall have no other rights and remedies for
rights and losses and expenses caused by disturbance of regular progress
remedies of of the Works being delayed.
Contractor
25. Determination by Employer
Default by 25.1 Without prejudice to any other rights or remedies which the
Contractor Employer may possess, if the Contractor shall default in any one
or more of the following respects, that is to say:
25.1. 1 if he without reasonable cause wholly suspends the carrying

out of the Works before completion thereof, or
25.1. 2 if he fails to proceed regularly and diligently with the works,

or
25.1. 3 if he refuses or persistently neglects to comply with a written

notice from the Architects requiring him to remove defective
work or improper materials or goods and by such refusal or
neglect the Works are materially affected, or
25.1. 4 if he fails to comply with the provisions of clause 17,
Then the Architects may give to him a notice by registered post

or recorded delivery specifying the default and signed by the
Employer. If the Contractor either shall continue such default for
7 days after receipt of such notice or shall at any time thereafter
repeat such default (whether previously repeated or not), then
the Employer without prejudice to any other rights or remedies,
may within 7 days after such continuance or repetition give to
him notice by registered post or recorded delivery and signed by
Page 33
the Employer to forthwith determine the employment of the

Contractor under this Contract provided that such notice shall
not be given unreasonably or vexatiously.
Page 34
Contractor 25.2 In the event of the Contractor becoming bankrupt or making a

becoming composition or arrangement with his creditors or having a
bankrupt etc winding up order or (except for purposes of reconstruction) a
resolution for voluntary winding up passed or a receiver or
manager of his business or undertaking duly appointed, or
possession taken, by or on behalf of the holders of any
debentures secured by a floating charge, of any property
comprised in or subject to the floating charge, the employment
of the Contractor under this Contract shall be automatically
determined but the said employment may be reinstated and
continued if the Employer and the Contractor, his trustee in
bankruptcy, liquidator, receiver or manager as the case may be
shall so agree.
Determination by Employer
Corruption 25.3 The Employer shall be entitled to automatically determine the

employment of the Contractor under this Contract. If the
Contractor shall have offered or given or agreed to give to any
person, agent or servant of the Employer any gift or
consideration of any kind as an inducement or reward for doing
or forbearing to do or for having done of forborne to do any
action in relation to the obtaining or execution of this Contract
with the Employer, or for showing or forbearing to show favour
or disfavour to any person in relation to this Contract or any
other Contract with the Employer, or if the like acts 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), or if in relation to this Contract or any other
Contract with the Employer, the Contractor or any person
employed by him or acting on his behalf shall have committed
an act liable for prosecution under section 494 of the Criminal
Code and/or sections 115 through to 117 of the Penal Code of
the Laws of the Federal Republic of Nigeria. Any dispute or
difference of opinion arising in respect of this cause shall be
decided by the Architects, whose decision shall be final,
conclusive and binding on all the parties.
Page 35
Rights and duties 25.4 In the event of the employment of the Contractor being
of Employer and determined as aforesaid and so long as it has not been reinstated
Contractor and continued, the following shall be the respective rights and
duties of the Employer and Contractor:
25.4. 1 the Employer may employ and pay other persons to carry out
and complete the Works and he or they may enter upon the
Works and use all temporary buildings, plants, tools,
equipment, materials and goods intended for, delivered to
and placed on or adjacent to the Works and may purchase all
materials and goods necessary for carrying out and
completion of the Works,
25.4. 2 the Contractor shall, if so required by the Employer or

Architects within 14 days of the date of determination, assign
to the Employer without payment, the benefit of any
agreement for the supply of materials or goods and/or for the
execution of any work for the purposes of this Contract but
on the terms that a supplier or a Sub-Contractor shall be
entitled to make any reasonable objection to any further
assignment thereof by the Employer. In any case, the
Employer may pay any supplier or Sub-Contractor for any
materials or goods delivered or works executed for the
purposes of this Contract (whether before or after the date of
determination) in so far as the cost price thereof has not
already been paid by the Contractor. The Employer's rights
under this clause are in addition to his rights to pay Named
Sub-Contractors as provided in clause 27.3 and payments
made under this clause may be deducted from any sum(s) due
or to become due to the Contractor,
25.4. 3 the Contractor shall, as and when required in writing by the

Architects so to do (but not before), remove from the Works
any temporary buildings, plants, tools, and equipment,
materials and goods belonging to or hired by him. If within a
reasonable time after any such requirement has been made
the Contractor has not complied therewith, then the
Employer may (but without being responsible for any loss or
damage), remove and sell any such property of the
Page 36
Contractor, holding the proceeds less all costs incurred to the

credit of the Contractor,
Page 37
25.4 4 without prejudice to any other rights or remedies which the

Employer may possess under clause 25.4.5, the Architects
shall instruct the Quantity Surveyor to prepare the Final
Account for settlement in accordance with clause 30,
25.4. 5 the Contractor shall allow or pay to the Employer in the

manner hereinafter appearing the amount of any direct loss
and/or damage caused to the Employer by the determination.
Until after completion of the Works under clause 25.4.1 the
Employer shall not be bound by any provision of this
Contract to make further payment to the Contractor, but upon
such completion and the verification within a reasonable time
of the accounts by the Quantity Surveyor thereof, the
Architects shall certify the amount of expenses properly
incurred by the Employer and the amount of any direct loss
and/or damage caused to the Employer by the determination
and if such amounts when added to the money or monies
paid to the Contractor before the date of determination
exceed the total amount which would have been payable on
due completion in accordance with this Contract, the
difference shall be a debt payable to the Employer by the
Contractor; and if the said amount when added to the money
or monies be less than the said total amount, the difference
shall be a debt payable by the Employer to the Contractor.
26. Determination by Contractor
26.1 Without prejudice to any other rights and remedies which the
Contractor may possess, if:
Acts etc. giving 26.1. 1 the Employer does not pay to the Contractor the amount due
grounds for on any certificate within the Period for Honouring
determination Certificates named in the Appendix and continues such
default for 7 days after receipt by registered post or recorded
delivery of a notice from the Contractor stating that notice of
determination under this Condition will be serve if payment
is not made within 7 days from receipt thereof, or
26.1. 2 the Employer interferes with or obstructs the issue of any

certificate due under this Contract, or
Page 38
26.1. 3 the carrying out of the whole or substantially of the

uncompleted Works (other than the execution of work
required under clause 15) is suspended for a continuous
period of time named in the Appendix by reason of:
26.1. 3.1force majeure, or
26.1. 3.2loss or damage occasioned by any one or more of the

contingencies referred to in clause 20.1 or clause 20.2 (as
applicable), or
26.1. 3.3civil commotion, or
26.1. 3.4Architect’s instructions issued under clauses 1.2, 11.1, 11.3,

21.2 or 34.2, or
26.1. 3.5the Contractor not having received in due time necessary

instructions, drawings, details or levels from the
Architects for which he specifically applied in writing on
a date which having regard to the date for completion
stated in Appendix or to any extension of time then fixed
under clause 23 or clause 33.1.3 was neither unreasonably
distant from nor unreasonably close to the date on which
it was necessary for him to receive the same, or
26.1. 3.6Delay on the part of artists, tradesmen or others engaged by

the Employer in executing work not forming part of this
Works Contract, or
26.1. 3.7the opening up for inspection of any work covered up or the

testing of any of the work, materials or goods in
accordance with clause 6.3 (including making good in
consequence of such opening up or testing), unless the
inspection or test showed that the work, materials or
goods were not in accordance with this Contract,
Then the Contractor may thereupon by registered post or

recorded delivery to the Employer and copied to the Architects
give 14 days notice of his intention to determine his employment
under this Contract provided that such notice shall not be given
unreasonably or vexatiously. Upon the expiration of the said
Page 39
notice the Contractor shall proceed to determine the Contract.
Page 40
Rights and duties 26.2 Upon such determination, then without prejudice to the accrued
of Employer and rights or remedies of either party to any liability of the classes
Contractor mentioned in clause 18 which may accrue either before the
Contractor or any Named Sub-Contractors shall have removed
his or their temporary buildings, plants, tools, equipment,
materials or goods or by reason of his or their so removing the
same, the respective rights and liabilities of the Contractor and
the Employer shall be as follows:
Determination by Contractor
26.2. 1 the Contractor shall with all reasonable dispatch and in such
manner and with such precautions as will prevent injury,
death or damage of the classes in respect of which before the
date of determination he was liable to indemnify the
Employer under clause 18 remove from the Site all his
temporary buildings, plants, tools, equipment, materials, and
goods and shall give facilities for his Sub-Contractors to do
the same, but subject always to the provisions of clause
26.2.2.4,
26.2. 2 after taking into account amounts previously paid under this
Contract the Contractor shall be paid by the Employer:
2.1the total value of work completed at the date of

26.2. determination,
2.2the total value of work begun and executed but not

26.2. completed at the date of determination, the value being
ascertained in accordance with clause 11.5 as if such
work were a variation required by the Architects,
26.2. 2.3any sum ascertained in respect of direct loss and/or expense

under clauses 11.7, 24 and 34.3 (whether ascertained
before or after the date of determination),
26.2. 2.4the cost of materials or goods properly ordered for the Works
for which the Contractor shall have paid or for which the
Contractor is legally bound to pay, and on such payment
by the Employer any materials or goods so paid for shall
become the property of the Employer,
Page 41
2.5the reasonable cost of removal under clause 26.2.1,

26.2.
2.6Any direct loss and/or damage caused to the Contractor by
26.2. the determination.
Provided that in addition to all other remedies the Contractor

upon such determination may take possession of and shall have
a lien upon all unfixed materials and goods which may have
become the property of the Employer under clause 14 until
payment of all money/monies due to the Contractor from the
Employer.
Page 42
27. Named Sub-Contractors
Definition of a 27.1 The following provisions of this condition shall apply where
Named Sub- prime cost sums are included in the Contract Bills, or arise as a
Contractor result of Architect’s instruction(s) given in regard to the
expenditure of provisional sums, in respect of persons to be
Named by the Architects to supply and fix materials or goods or
to execute works;
Procedures for 27.1. 1 such sums shall not include any cash discount and shall be
nomination of a expended in favour of such persons as the Architects shall
subcontractor instruct, and all specialists or others who are Named by the
Architect’s/Architect are hereby declared to be Sub-
Contractors employed by the Contractor and are referred to
in these Conditions as `Named sub-Contractors' Provided
that the Architects shall not nominate any person as a Sub-
Contractor against whom the Contractor shall make
reasonable objection, or (save where the Architects and
Contractor shall otherwise agree) who will not enter into a
Sub-Contract with him which provides (inter alia):
27.1. 1.1that the Named Sub-Contractor shall carry out and complete
the Sub-Contract works in every respect to the reasonable
satisfaction of the Contractor and of the Architects,
27.1. 1.2that the Named Sub-Contractor shall observe, perform and

comply with all the provisions of this Contract on the part
of the Contractor to be observed, performed and complied
with (other than clause 20(A) if applicable) so far as they
relate and apply to the Sub-Contract works or to any
portion of the same,
27.1. 1.3that the Named Sub-Contractor shall indemnify the

Contractor against the same liabilities in respect of the
Sub-Contract works as those for which the Contractor is
liable to indemnify the Employer under this Contract,
27.1. 1.4that the Named Sub-Contractor shall indemnify the

Contractor against claims in respect of any negligence,
omissions or default of such Sub-Contractor, his staff or
agent(s) or any misuse by him or them of any scaffolding
or other plant and shall insure himself against any such
Page 43
claims and produce the policy or policies and receipt(s) in

respect of premium(s) paid as and when required by either
the Employer or the Contractor,
Page 44
Named Sub-Contractors
27.1. 1.5that the Sub-Contract works shall be completed within the

period or (where they are to be completed in sections)
periods therein specified, that the Contractor shall not
without the written consent of the Architects grant any
extension of time for the completion of the Sub-Contract
works or any section of thereof, and that the Contractor
shall inform the Architects of any representation made by
the Named Sub-Contractor as to the cause of any delay in
the progress or completion of the Sub-Contract works or
of any section thereof,
27.1. 1.6that if the Named Sub-Contractor shall fail to complete the

Sub-Contract works or (where the Sub-Contract works
are to be completed in sections) any section thereof within
the period therein specified or within any extended time
granted by the Contractor with the written consent of the
Architects and the Architects certifies in writing to the
Contractor that the same ought reasonably so to have
been completed, the Named Sub-Contractor shall pay or
allow to the Contractor either a sum calculated at the rate
therein agreed as liquidated and ascertained damages for
the period during which the said works or any section
thereof as the case may be, shall so remain or have
remained incomplete or (where no such rate is therein
agreed) a sum equivalent to any loss or damage suffered
or incurred by the Contractor and caused by the failure of
the Named Sub-Contractor as aforesaid,
27.1. 1.7 that payment in respect of any work, materials or goods

comprised in the Sub-Contract shall be made within 7 days
after receipt of payment by the Contractor of money or
monies due in any Architects’s certificate under clause 30
which states as due an amount calculated by including the
total value of such work, materials or goods, and shall when
due be subject to the retention by the Contractor of the sums
mentioned in clause 27.1.1.8,
27.1. 1.8that the Contractor shall retain from the sum directed by the
Page 45
Architects as having been included in the calculation of

the amount stated as due in any certificate issued under
clause 30 in respect of the total value of work, materials
or goods executed or supplied by the Named Sub-
Contractor, the percentage of such value named in the
Appendix as percentage of certified value retained up to a
total amount not exceeding a sum which bears the same
ratio to the Sub-Contract price as the unreduced sum
named in the Appendix as Limit of Retention Fund bears
to the Contract Sum; and that the Contractor's interest in
any sums so retained (by whomsoever held) shall be
fiduciary as trustee for the Named Sub-Contractor and
that the Named Sub-Contractor's beneficial interest in
such sums shall be subject only to the right of the
Contractor to have recourse thereto from time to time for
payment of any amount which he is entitled under the
Sub-Contract to deduct from any sum(s) due or to become
due or any part thereof are released to the Named Sub-
Contractor they shall be paid in full,
Page 46
27.1. 1.9that the Architects and his representative(s) shall have a right
of access to the workshops and other places of the Named
Sub-Contractor referred to in clause 9.
Payment of 27.2 The Architects shall direct the Contractor as to the total value of
Named Sub- the work, materials or goods executed or supplied by a Named
Contractor Sub-Contractor included in the calculation of the amount stated
as due in any certificate issued under clause 30 and shall
forthwith inform the Named Sub-Contractor in writing of the
amount of the said total value. The sum representing such total
value shall be paid by the Contractor to the Named Sub-
Contractor within 7 days of receipt of payment by the
Contractor on the said Architect’s certificate less only any
retention money which the Contractor may be entitled to deduct
under the terms of the Sub-Contract and any sum to which the
Contractor may be entitled in respect of delay in the completion
of the Sub-Contract works or any section thereof.
Direct payment Before issuing any certificate under clause 30 the Architects may
of Named Sub- 27.3 request the Contractor to furnish him with reasonable proof that
Contractor due to all amounts included in the calculation of the amount stated as
Contractors due in previous certificate(s) in respect of the total value of the
default work, materials or goods executed or supplied by any Named
Sub-Contractor have been duly paid and if the Contractor fails
to comply with any such requests the Architects shall issue a
certificate to that effect and thereupon the Employer may himself
pay such amounts to any Named Sub-Contractor concerned and
deduct the same from any sums due or to become due to the
Contractor.
Extension, of 27.4. 1 The Contractor shall not grant to any Named Sub-Contractor
period for any extension of the period within which the Sub-Contract
completion of works or (where the Sub-Contract works are to be completed
Named Sub- in sections) any section thereof is to be completed without
Contract works written consent of the Architects provided always that the
Contractor shall inform the Architects of any representation
made by the Named Sub-Contractor as to the cause of any
delay in the progress or completion of the Sub-Contract
works or of any section thereof, and that the consent of the
Page 47
Architects shall not be unreasonably withheld.
Page 48
Failure to 27.4 2 If any Named Sub-Contractor fails to complete works or

complete Sub- (where the Sub-Contract works are to completed in sections)
Contract works any section thereof within the period specified in the Sub-
Contract or within any extended time granted by the
Contractor with the written consent of the Architect’s then if
the same ought reasonably so to have been completed, the
Architects shall certify in writing accordingly; any such
certificate shall be issued to the Contractor and immediately
upon issue, the Architects shall send a duplicate copy thereof
to the Named Sub-Contractor.
Early final If the Architects desires to secure final payment to any Named
payment of 27.5 Sub-Contractor before final payment is due to the Contractor,
Named Sub- and if such Sub-Contractor has satisfactorily indemnified the
Contractor after Contractor against any latent defects, then the Architects may, in
practical an interim certificate, include an amount to cover the said final
completion of payment, and thereupon the Contractor shall pay to such Named
Named Sub- Sub-Contractor the amount so certified. Upon such final
Contract works payment, the amount named in the Appendix as Limit of
Retention Fund shall be reduced by the sum which bears the
same ratio to the said amount as does such Named Sub-
Contractor's Contract price to the Contract Sum, and save for
latent defects the Contractor shall be discharge from all liability
for work executed or materials or goods supplied by such
Named Sub-Contractor under the Sub-Contract to which the
payment relates.
Position of 27.6 Neither the existence nor the exercise of the foregoing powers
Employer in nor anything else contained in these Conditions shall render the
relation to Named Employer in any way liable to any Named Sub-Contractor.
Sub-Contractor
Contractor's 27.7 Where the Contractor in the ordinary course of his business
tender for works directly carries out works for which prime cost sums are
otherwise included in the Contract Bills and where items of such works are
reserved for set out in the Appendix and the Architects is prepared to receive
Named Sub- tenders from the Contractor for such items, then the Contractor
Contractor shall be permitted to tender for the same or any of these but
without prejudice to the Employer's right to reject the lowest or
Page 49
any tender. If the Contractor's tender is accepted, he shall not

sublet the work without the written consent of the Architects.
Provided that where a prime cost sum arises under Architect's/

Coordinator's instructions issued in clause 11.5 it shall be
deemed for the purpose of this clause to have been included in
the Contract Bills and the items of work to which it relates shall
likewise be deemed to have been set out in the Appendix.
It shall be a condition of any tender accepted under clause 27

that clause 11 shall apply in respect of the items of work
included in the tender as if the reference therein to the Contract
Drawings and the Contract Bills there were references to the
equivalent documents included in or referred to in the tender.
Page 50
28. Named Suppliers
Architect’s 28.1 The following provisions of this condition shall apply where
instruction prime cost sums are included in the Contract Bills or arise as a
result of the Architect’s instructions given in regard to the
expenditure of provisional sums, in respect of any materials or
goods to be fixed by the Contractor,
Sums deemed to 28.1. 1 such sums shall be deemed to include 5 percent cash
include 5 percent discount and the term `prime cost' when included or arising
cash discount as aforesaid shall be understood to mean the net cost to be
defrayed as a prime cost after deducting any trade or other
discount (except the said discount of 5 percent), and shall
include customs duty (where applicable), and the cost of
packing, carriage and delivery. Provided that, where in the
opinion of the Architects, the Contractor has incurred
expense for special packing or special carriage, such special
expense shall be allowed as part of the sum actually paid by
the Contractor:
Definition of a 28.1. 2 such sums shall be expended in favour of such persons as the
Named Supplier Architects shall instruct and all specialists, merchants,
workmen or others who are Named by the Architects to
supply materials or goods are hereby declared to be suppliers
to the Contractor and are referred to in the Conditions as
`Named Suppliers'. Provided that the Architects shall not
(save where the Architects and Contractor shall otherwise
agree) nominate as a supplier a person who will not enter
into a Contract of sale which provide (inter alia):
28.1. 2.1that the materials or goods to be supplied shall be to the

reasonable satisfaction of the Architects,
Treatment of 28.1. 2.2that the Named supplier shall make good by replacement or
defects in otherwise any defects in the materials or goods supplied
materials or which appear within such period as is therein mentioned
goods supplied and shall bear any expenses reasonably incurred by the
Contractor as a direct consequence of such defects,
provided that:
Named Suppliers
2. 2. 1where the materials or goods have been used or fixed
Page 51
28.1. such defects are not such that examination by the

Contractor ought to have revealed them before using
or fixing,
2. 2. 2such defects are due solely to defective workmanship or

materials in the goods supplied and shall not have been
caused by improper storage by the Contractor, or by
misuse or by any act or neglect of either the
Contractor, the Architects or the Employer or by any
persons for whom they may be responsible,
Materials and 28.1. 2.3that delivery of the materials or goods supplied shall be
goods to be commenced and completed as such times as the
supplied as Contractor may reasonably direct.
directed by
Contractor
Materials and 28.1. 2.4that the Named Supplier shall not be obliged to make any
goods not to be delivery of materials or goods (except any which may
supplied after have been paid for in full) after the determination (for any
determination of reason) of the Contractor's employment under this
the Contract Contract,
All payments to 28.1. 3 All payment by the Contractor for materials or goods
be in full supplied by a Named Supplier shall be in full and shall be
paid within 30 days of the end of the month during which
delivery is made.
29. Artists and tradesmen

The Contractor shall permit the execution of work not forming
part of this Contract by artists, tradesmen or others engaged by
the Employer. Every such person shall for the purposes of clause
18 be deemed to be a person for whom the Employer is
responsible and not to be a Named Sub-Contractor.
Page 52
30. Certificates and payments
Interim certificate 30.1 1 At the period of interim certificates named in the Appendix, the
and valuations Quantity Surveyor shall prepare as Interim Valuation based on
which the Architects shall issue a certificate stating the amount
due to the Contractor from the Employer and the Contractor
shall be entitled to payment therefor within the Period for
Honouring Certificates named in the Appendix.
Interim 2 If the employer fails to honour an Architect’s certificate within

certificates and 30.1. the period stated in the Appendix, the Contractor
valuations notwithstanding his other rights and remedies under this
additional Contract, shall be entitled to receive additional payment as
payments stated in the Appendix for the period during which the certified
amount remains unpaid. The amount so due shall be
ascertained by the Quantity Surveyor and included in the next
valuation.
Ascertainment of 30.2 The amount stated as due in an interim certificate shall, subject to
amount due in any agreement between the parties as to stage payments, be the
interim total value of the work properly executed and of the materials and
certificates goods delivered to or adjacent to the Works or stored in any other
location approved by the Architects in consultation with the
Employer for the use thereon less any amount which may be
retained by the employer (as provided in clause 30.3) and less any
installment(s) previously paid under these conditions. Provided
that such certificate shall only include the value of the said
materials and goods as and from such time as they are reasonably,
properly and not prematurely brought to the Works or any other
approved location, and then only if adequately protected against
weather or other casualties.
Retention - Rules 30.3 The Employer may retain the percentage of the total value of the
for work, materials and goods referred to in clause 30.2 which is
ascertainment named in the Appendix as percentage of certified value retained.
Provided always that when the sum of the amount so retained
equals the amount named in the said Appendix as Limit of
Retention Fund or that amount as reduced in pursuance of clause
16.1.6.1 and/or clause 16.1.6.2 as the case may be, no further
amount(s) shall be retained by virtue of this clause.
Rules on 30.4 The amount(s) retained by virtue of clause 30.3 shall be subject to
Page 53
treatment of the following rules:

retention
1 The Employer's interest in any amount(s) so retained shall be
30.4. fiduciary as trustee for the Contractor, and the Contractor's
beneficial interest therein shall be subject only to the right of the
Employer to have recourse thereto from time to time for payment
of any amount(s) which he is entitled under the provisions of this
Contract to deduct from any sum(s) due or to become due to the
Contractor.
2 on the issue of the Certificate of Practical Completion, the

Architects shall issue a certificate for one moiety of the total
30.4. amount(s) then so retained and the Contractor shall be entitled to
payment of the said moiety within the Period for Honouring
Certificates named in the Appendix,
3 on the expiration of the Defects Liability Period named in

30.4. the Appendix, or on the issue of the certificate of completion of
making good defects, whichever is the later, the Architects shall
issue a certificate for the residue of the amounts so retained and
the Contractor shall be entitled to payment of the said residue
within the Period for Honouring Certificate named in the
Appendix.
Priced bills of 1 The measurement and valuation of the Works shall be

variations to 30.5. completed within the Period of Final Measurement and
Contractor Valuation stated in the Appendix and the Contractor shall be
supplied with a copy of the priced bills of variations not later
than the end of the said period and before the issue of the Final
Certificate under clause 30.6
Final adjustment 2 Either before or within a reasonable time after Practical

of Contract Sum - 30.5. Completion of the Works the Contractor shall send to the
documents from 1 Quantity Surveyor all documents necessary for the purposes of
Contractor the final adjustment of all Contract Sum required by these
Conditions including all documents relating to the accounts of
Named Sub-Contractors and Named Suppliers.
3 In the settlement of accounts, the amount(s) paid or

Items included in 30.5. payable under the appropriate Contracts by the Contractor
adjustment of to Named Sub-Contractors or Named Suppliers, the
Page 54
Contract Sum amount(s) paid or payable by virtue of clause 4.2 in respect

of fees or charges for which a provisional sum is included in
the Contract Bills, the amount(s) paid or payable in respect
of any insurances maintained in compliance with clause 19.2,
the tender sum (or such other sum as is appropriate in
accordance with the terms of the tender) for any work for
which a tender made under clause 27.7 is accepted and the
value of any work executed by the Contractor for which a
provisional sum is included in the Contract Bills shall be set
against the relevant prime cost of provisional sum mentioned
in the Contract Bills or arising under Architect’s
instruction(s) issued under clause 11.5 as the case may be,
and the balance after allowing in all cases pro-rata for the
Contractor's profit at the rates shown in the Contract Bills,
shall be added to or deducted from the Contract Sum.
Provided that no deduction shall be made in respect of all

damage(s) paid or allowed to the Contractor by any Named Sub-
Contractor or Named Supplier.
Issue of Final 30.6 So soon as is practicable but before the expiration of the period
Certificate the length of which is stated in the Appendix from the end of the
Defects Liability Period (also stated in the said Appendix) or
from completion of making good defects under clause 15 or
from receipt by the Quantity Surveyor of the documents referred
to in clause 30.5.2 which is the latest, the Architects shall issue
the Final Certificate. The Final Certificate shall state:
30.6. 1 the sum of the amounts paid to the Contractor under

interim certificates and the amount named in the said
Appendix as Limit of Retention Fund and
30.6. 2 the Contract sum adjusted as necessary in accordance

with the terms of these conditions,
and the difference (if any) between the two sums shall be
expressed in the said certificate as balance due to the Contractor
from the Employer or to the Employer from the Contractor as
the case may be, and subject to any deductions authorized by
these Conditions, the said balance shall as from 28 days after the
issue of the said certificate be a debt payable as the case may be
by the Employer to the Contractor or by the Contractor to the
Page 55
Employer.
Unless a written request to concur in the appointment of an

Effect of Final 30.7 Arbitrator shall have been given under clause 35 by either party
Certificate before the Final certificate has been issued or by the Contractor
within 28 days after such, the said certificate shall be conclusive
evidence in any proceedings arising out of this Contract
(whether by arbitration under clause 35 or otherwise) that the
Works have been properly carried out and completed in
accordance with the terms of this Contract and that any
necessary effect has been given to all the terms of this Contract
which require an adjustment to be made to the Contract Sum,
except and in so far as any Sum mentioned in the said
certificates is erroneous by reason of:
1 fraud, dishonesty or fraudulent concealment relating to the

30.7. Works, or any part thereof, or to any matter dealt with in the
said certificate, or
2 any defect (including any omission) in the Works, or any

30.7. part thereof which reasonable inspection or examination at
any reasonable time during the carrying out of the Works or
before the issue of the said certificate would not have
disclosed, or
3 any accidental inclusion or exclusion of any work,

30.7. materials, goods, or figure in any computation or any
arithmetical error in any computation.
Effect of 30.8 Save as aforesaid, no certificate of the Architects shall of itself

certificates other be conclusive that any works, materials or goods to which it
than Final relates are in accordance with this Contract
Certificate
Certificate to be 30.9 Any certificate to be issued by the Architects under these

issued to the Conditions shall, subject to clause 27.4 be issued to the
Employer Employer and immediately upon the issue of any certificate the
Architects shall send a duplicate copy thereof to the Contractor.
Page 56
31 Fluctuations (Amended)
Approved terms 31.1 The Employer shall entertain fluctuations only in respect of
increases or decreases in basic wages and emoluments and
certain materials (forming part of the permanent works) or
certain sections of the Works listed in the Appendix to the
Contract.
Items included in 31.2 The Contract Sum shall be deemed to have been calculated in
adjustment of the manner set out below and shall be subject to variation in the
Contract Sums events specified hereunder:
31.2. 1 the prices contained in the Contract Bills are based upon
the rates of wages and other emoluments and expenses
(including the cost of employer's liability insurance and third
party insurance) payable by the Contractor to workers
engaged upon or in connection with the Works in accordance
with the rates of wages fixed by the National Joint Industrial
Council and the Federal Ministry of Labour, Employment and
Productivity, current at the date of tender and applicable to
the area concerned,
31.2. 2 if the said rates of wages and other emoluments and

expenses (including the cost of employer's liability insurance
and third party insurance) shall be increased or decreased
after 'the date of tender' as a result of Government legislation
and/or collective bargaining, the net increase or decrease of
such wages and other emoluments and expenses shall be paid
to or allowed by the Contractor,
31.2. 3 the prices contained in the Contract Bills are based on the
market price of materials including purchase tax(es), import
and/or excise duty or any other levy (if any) applicable at the
date of tender' (hereinafter referred to as 'the basic prices').
Provided always the basic prices shall truly reflect market
prices to the reasonable satisfaction of the Quantity Surveyor.
31.2. 4 if during the progress of the Works the market prices of

materials used in the Works and listed in the Appendix to the
Contract varies from 'the basic prices' thereof then the net
difference in price thus arising shall be paid to or allowed by
the Contractor.
Page 57
Definition on 31.3. The expression 'Date of Tender' as used in these Conditions

date of tender means 10 days before the date fixed for the receipt of tenders by
the Employer.
Contractor to 31.4 The Contractor shall within 7 days give written notice to the
give written Quantity Surveyor of the happening of any of the events referred
notice to in clause 31.2.
Fluctuations (Amended)
Adjustment not to 31.5 No addition to or deduction from the Contract Sum made by
alter profit to virtue of this clause shall alter in any way the amount of profit or
Contractor overheads, to the Contractor included in the Contract Sum.
32. Outbreak of hostilities
Notice of 32.1 If during the currency of this Contract there shall be an outbreak
determination of of hostilities (whether war is declared or not) in which Nigeria
the Contractor's shall be involved on a scale involving the general mobilization of
employment the armed forces, then either the Employer or the Contractor
may at any time by notice, by registered post or recorded
delivery to the other, forthwith determine the employment of the
Contractor under this Contract, provided that such a notice
shall not be given:
32.1. 1 before the expiration of 28 days from the date on which

the order is given for general mobilization as aforesaid, or
32.1. 2 after practical completion of the Works unless the Works

or any part thereof shall have sustained war damage as
defined in clause 33.4.
Parties may make 32.2 The parties hereto, in the event of an outbreak of hostilities, may
further at any time by agreement between them make such further
arrangements arrangements as they think fit to meet the circumstances.
Protective work, 32.3 The Architects may within 14 days after a notice under clause
etc 32.1 shall have been given or received by the Employer issue
instructions to the Contractor requiring the execution of such
Page 58
protective work as; shall be specified therein and/or continuation

of the Works up to point of stoppage to be specified therein and
the Contractor shall comply with such instructions as if the
notice of determination had not been given.
Provided that if the Contractor shall for reasons beyond his

control before completing the work to which the said instruction
relate within 3 months from the date the instructions were
issued, he may abandon such work.
Page 59
Outbreak of hostilities
Payment 32.4 Upon the expiration of 14 days from the date on which a notice
of determination shall have been given or received by the
Employer under clause 32.1, or where works are required by the
Architects under clause 32.3, or upon completion or
abandonment as the case may be of any such works, the
provisions of clause 26.2 (except clause 26.2.2.6) shall apply
and the Contractor shall also be paid by the Employer the value
of work executed pursuant to instructions given under clause
32.3 the value being ascertained in accordance with clause 11.5
as if such work were a variation required by the Architects.
33. War damage
Effect of war 33.1 In the event of the Works or any part thereof or any unfixed
damage materials or goods intended for/or delivered to and placed on or
adjacent to the Works sustaining war damage then
notwithstanding anything expressed or implied elsewhere in the
Contract:
33.1 1 the occurrence of such war damage shall be disregarded
in computing any amount payable to the Contractor under or
by virtue of this Contract.
33.1 2 the Architects may issue instructions requiring the

Contractor to remove and/or dispose on any debris and/or to
execute such protective works as shall be specified.
33.1 3 the Contractor shall reinstate or make good such war

damage and shall proceed with the carrying out and
completion of the works, and the Architects shall grant to the
Contractor a fair and reasonable extension of time for
completion of the Works.
33.1 4 the removal and disposal of debris or damaged work, the

execution of protective works and reinstatement and making
good of such war damage shall be deemed to be a variation
required by the Architects.
War damage
Page 60
Protective work, 33.2 If at any time after the occurrence of war damage as aforesaid
etc either party serves notice of determination under clause 32, the
expression `protective work' as used in the said clause shall in
such case be deemed to include any matters in respect of which
the Architects can issue instructions under clause 33.1.2 and any
instructions issued under the said clause prior to the date on
which notice of determination is given or received by the
Employer and which shall not by then have been completely
complied with shall be deemed to have been given under this
clause.
Use of 33.3 The Employer shall be entitled to any compensation which may
compensation for at any time become payable out of the monies provided by
war damage Government in respect of war damage sustained by the Works or
any part thereof or any fixed materials or goods intended for the
Works which shall at any time have become the property of the
Employer.
Definition of war 33.4 The expression `war damage' as used in these Conditions means
damage damage occurring as the result or action taken by the enemy of
action in combating the enemy.:
Page 61
34. Antiquities
Effect of find of 34.1 All fossils, antiquities and other objects of interest or value
Antiquities which may be found on the site or in excavating the same during
the progress of Works shall become the property of the
Employer and upon discovery of such an object the Contractor
shall forthwith:
34.1. 1 use his best endeavours not to disturb the object and shall
cease work if and in so far as the continuance of work would
endanger the object or impede it's excavation or it's removal,
34.1. 2 take all steps which may be necessary to preserve the

object in the exact position and condition in which it was
found and
34.1. 3 inform the Architects or the Clerk of Works of the

discovery and precise location of the object.
Architect’s 34.2 The Architects shall issue instructions in regard to what is to be

instructions on done concerning an object report by the Contractor under clause
antiquities found 34.1 and without prejudice to the generality of this power) such
instructions may require the Contractor to permit the
examination, excavation or removal of the object by a third
party. Any such third party shall for the purpose of clause 18 be
deemed to be a person for whom the Employer is responsible
and not to be Named Sub-Contractor.
Direct loss and/or 34.3 If in the opinion of the Architects compliance with the provisions
expense on of clause 34.1 or with an instruction issued under clause 34.2
antiquities found has involved the Contractor in direct loss and/or expense for
which he would not be reimbursed by a payment made under
any other provision in this Contract, then the Architects shall
request the Quantity Surveyor to ascertain the amount of such
loss and/or expense. Any amount from time to time so
ascertained shall be added to the Contract Sum, and if an interim
certificate is issued after the date of ascertainment, any such
amount shall be added to the amount which would otherwise be
stated as due in such a certificate.
Page 62
35. Arbitration
Settlements of 35.1 Provided always that in case any dispute or difference shall
disputes notice to arise between the Employer or the Architects on his behalf and
be in writing Contractor, either during the progress or after completion or
appointment of abandonment of the Works as to the construction of this
Arbitrator Contract or as to any matter or thing of whatsoever nature
arising thereunder or in connection therewith (including any
matter or thing left by this Contract to the discretion of the
Architects) or the withholding by the Architects of any
certificate to which the Contractor may claim to be entitled or
the measurement and valuation mentioned in clause 30.5.1 or the
rights and liabilities of the parties under clauses 25, 26, 32 and
33, the same shall not be allowed to interfere with or delay the
execution of the Works but either party shall forthwith give to
the other notice in writing of such dispute or difference and such
dispute or difference shall be and is hereby referred to the
arbitration and final decision of a person to be agreed between
the parties to act as Arbitrator. Such a person shall be an
experienced professional in the building industry or failing
agreement, a person appointed (at the request of either party) by
the president of any of the under mentioned professional bodies:
The Nigerian Institute of Architects (NIA), The Nigerian
Institute of Quantity Surveyors (NIQS), The Nigerian Society of
Engineers (NSE) and The Nigerian Institute of Building (NIOB).
Award to be final 35.2 The award of such Arbitrator shall be final and binding on the
parties.
Law to apply 35.3 Whatever the nationality, residence or domicile of the

Employer, the Contractor any Sub-Contractor or supplier or the
Arbitrator, and wherever the Works or any part thereof are
situated, the Law of the Federal Republic of Nigeria shall be the
proper law of this Contract and shall apply to any arbitration
under this Contract wherever the same or any part of it shall be
conducted.
Page 63
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CONDITIONS OF CONTRACT

ALI ABUBAKAR AUDU

LECTURER DR. ABDULLAHI WAZIRI

The Conditions here-in-before referred to:

Discrepancy in or 1.2 If the Contractor shall find any discrepancy in or divergence

Upon receipt of what purports to be an instruction issued to him

2.2 specify in writing the provision of these conditions which

Statements in the 2.3.1 that any statement purported to be an instruction contained in

Channeling of 2.3.2 That any instruction(s) purported to be issued to the

3. Contract Documents (Amended)

3.2 Immediately after the execution of this Contract, the Employer

one copy certified on behalf of the Employer of the Articles

3.2.2 two copies of the Contract Drawings, and

3.2.3 Two copies of the unpriced Bills of Quantities and (if

Provided that nothing contained in the said Specifications,

Upon final payment under clause 30.6 the Contractor shall if so

Issue of 3.8 Any certificate to be issued by the Architect under these

4. Statutory obligations, notices, fees and charges

4.2.1 Arise in respect of work executed or materials or goods

4.2.2 Are priced or stated by way of a provisional sum in the

7. Royalties and patent rights

Architect’s 7.2 Provided that where in compliance with the Architect’s

8.1 The Contractor shall constantly keep upon the Works a

8.2 Where in the opinion of the Architects the person-in-charge does

The Architects and his representative(s) shall at all times have

10. Clerk of works

The Employer shall be entitled to appoint a clerk of works

whose duty shall be to act solely as inspector on behalf of the

The Contractor shall afford every reasonable facility for the

11. Variations, provisional and prime cost sums (Amended)

11.2. 2 additional requirements of the Employer

11.2. 3 compliance with new government orders or legislation

11.2. 4 corrections of errors or omissions in the Contract Drawings

5 substitution of materials, goods and workmanship specified

Limit to 11.4 Notwithstanding the provision of clause 11.3, any variation

Employer in writing to the Architects and the Contractor within

Instructions on The Architects shall issue instructions in regard to the

Valuation of work 11.5. 1 All variations required by the Architects or subsequently

11.5 1.4Where work cannot properly be measured and valued, the

of items omitted, provided that if omissions substantially

Valuations - 11.7 Effect shall be given to the measurement and valuation of

12. Contract Bills (Amended)

The quality and quantity of the work included in the Contract

Any error in description or in quantity or any omission of items

13. Contract Sum

The Contract Sum shall not be adjusted or altered in any way

14. Unfixed materials and goods

Unfixed material and goods intended for delivery to and placed

15. Practical completion and defects liability

15.2 If however, in the opinion of the Contractor practical completion

In no case shall the Contractor be required to make good at his

16. Sectional completion

Possession by 16.1 If at anytime or times before practical completion of the Works

16.1. 6. 2 on the expiration of the Defects Liability Period named in

17. Assignment or sub-letting

Liability of 18. Injury to persons and property and indemnity to Employer

18.4 Upon the issue of the certificate of sectional completion of any

19. Insurance against injury to persons or property

Contractor's 19.1. 1. Without prejudice to his obligation to indemnify the