Contract Management

7.
CHAPTER 7
CONTRACT MANAGEMENT
2006 Edition
7.2 2006 Edition
SYNOPSIS
This chapter provides reference and general guidelines on management of civil engineering
contracts. It is basically written for capital works contracts and reference is made to the
General Conditions of Contract for Civil Engineering Works (1999 Edition).
Owing to the complicated and complex nature of contract management, the guidelines
provided in this chapter shall in no way be construed as directives overriding the powers and
responsibilities of the Engineer/Engineer’s Representative who shall always make their own
decisions under their contracts’ provision.
7.3 2006 Edition
CONTENTS
Page No.
1. ACTION CHECKLIST AT COMMENCEMENT OF 7.14

CONTRACT
2. ACTION CHECKLIST ON COMPLETION OF 7.17

CONTRACT
3. THE SITE 7.18
3.1 HANDING OVER TO CONTRACTOR 7.18
3.2 JOINT SURVEY AND SETTING OUT 7.18
3.3 MANAGEMENT 7.19
3.4 SECURITY 7.20
3.5 PROJECT SIGNBOARD 7.20

3.5.1 Size and Location 7.20
3.5.2 Details of Project Signboard 7.21
3.5.3 Erection, Maintenance and Removal 7.21
3.6 TEMPORARY UTILITY SUPPLIES 7.21
3.7 RE-POSSESSION ON COMPLETION 7.22
4. SUPERVISING PERSONNEL 7.23
4.1 ENGINEER’S STAFF 7.23
4.2 CONTRACTOR’S STAFF 7.23

4.2.1 Technical Resources and Site Supervision 7.23
Structure
4.2.2 Site Agent 7.23
4.2.3 Surveyor 7.23
4.2.4 Safety Officer 7.24
4.2.5 Technician Apprentices and Building and Civil 7.24
Engineering Graduates
4.2.6 Qualified Tradesmen and Intermediate Tradesmen 7.24
4.3 SUPERVISION FOR GEOTECHNICAL WORKS 7.24
4.4 SUPERVISION FOR PILING WORKS 7.25

7.4 2006 Edition
Page No.
5. RECORDS 7.26
5.1 GENERAL 7.26
5.2 CONTRACT DOCUMENTS 7.26
5.3 RECORD DRAWINGS 7.27
5.4 SITE DIARY 7.27
5.5 SITE MEASUREMENT BOOK 7.28
5.6 PROGRESS CHART 7.28
5.7 INCLEMENT WEATHER 7.29
5.8 SITE INSTRUCTIONS 7.29
5.9 DAYWORKS 7.29
5.10 INVENTORY OF FURNITURE AND EQUIPMENT 7.29
5.11 MINUTES OF MEETINGS AND CORRESPONDENCE 7.30
5.12 RECORD PHOTOGRAPHS 7.30
5.13 REQUEST FOR INSPECTION AND SURVEY CHECK 7.31
5.14 RECORD OF MATERIALS AND EQUIPMENT PROVIDED 7.31

BY GOVERNMENT
5.15 MATERIALS TESTING 7.31
5.16 LABOUR RETURNS AND WAGES 7.32
5.17 USE OF CONTRACT TRANSPORT 7.32
5.18 MISCELLANEOUS RECORDS 7.33
5.19 CUSTODY AND DISPOSAL 7.36
6. PROGRAMME, PROGRESS AND EXPENDITURE 7.37
6.1 CONTRACTOR’S PROGRAMME AT COMMENCEMENT 7.37
6.2 PROGRAMME UPDATING AND REVISION 7.38

7.5 2006 Edition
Page No.
6.3 MONITORING AND REPORTING PROGRESS 7.38
6.4 ACTION IN CASE OF SLOW VARIABLE PROGRESS 7.39
6.5 MONITORING AND ESTIMATING EXPENDITURE 7.39
6.6 AUTHORITY TO INCREASE CONTRACT SUM 7.41
7. CONTRACT PAYMENTS 7.42
7.1 ARRANGEMENT FOR PAYMENTS TO CONTRACTOR 7.42
7.2 INTERIM PAYMENTS 7.42

7.2.1 General Principles 7.42
7.2.2 Procedure 7.43
7.2.3 Minimum Amount 7.45
7.2.4 Contract Price Fluctuation 7.46
7.2.5 Deductions 7.46
7.3 FINAL PAYMENTS 7.46
7.4 MISTAKES IN PAYMENTS 7.47
7.5 OVERDUE PAYMENTS 7.47
7.6 RE-ENTERED CONTRACTS 7.48
8. EXTENSION OF TIME FOR COMPLETION AND 7.49

LIQUIDATED DAMAGES
8.1 EXTENSION OF TIME FOR COMPLETION 7.49

8.1.2 Reasons for Extension 7.50
8.2 LIQUIDATED DAMAGES 7.51

8.2.1 Authority 7.51
9. SITE MEETINGS 7.53
9.1 OBJECTIVE 7.53
9.2 FREQUENCY 7.53

7.6 2006 Edition
Page No.
9.3 TYPICAL TOPICS 7.53
9.4 RECORDS 7.53
10. LIAISON WITH OTHERS 7.54
10.1 LIAISON WITH UTILITY COMPANIES, GOVERNMENT 7.54

DEPARTMENTS AND OTHERS
10.2 FACILITIES FOR THE BLIND 7.54
11. SITE SAFETY 7.55
11.1 RESPONSIBILITY 7.55
11.2 CONTRACTOR’S SAFETY ORGANISATION 7.55
11.3 MONITORING AND LIAISON WITH LABOUR 7.55

DEPARTMENT AND MARINE DEPARTMENT
11.4 CHECKING AND AUDITING OF TEMPORARY WORKS 7.56
11.5 REPORTING OF SITE INCIDENTS AND ACCIDENTS 7.57
11.6 SPECIAL PRECAUTIONS WITHIN RAILWAY RESERVES 7.59
11.7 REGULATING ACTIONS ON CONTRACTORS 7.59

CONVICTED OF SITE SAFETY OFFENCES OR
INCURRING SERIOUS INCIDENTS ON SITE
11.8 DEPARTMENTAL SAFETY AND ENVIRONMENTAL 7.60

ADVISER
11.9 CONSTRUCTION SITE SAFETY MANUAL 7.60
11.10 PAY FOR SAFETY AND ENVIRONMENT SCHEME 7.60
11.11 SCORE CARD FOR ASSESSMENT OF SITE SAFETY 7.61

PERFORMANCE
11.12 SITE SAFETY CYCLE 7.61
11.13 SAFETY TRAINING 7.62

7.7 2006 Edition
Page No.
12. ENVIRONMENTAL PROTECTION 7.63
12.1 NOISE CONTROL 7.63

12.1.1 Working Within Restricted Hours 7.63
12.1.2 Processing of Construction Noise Permit 7.63
12.1.3 Monitoring Noise Control Measures 7.63
12.1.4 Sanctions Against Offences 7.64
12.2 PREVENTION OF WATER POLLUTION 7.64

12.2.1 Water Pollution Control Ordinance (Cap. 358) 7.64
12.2.2 Dumping at Sea Ordinance (Cap. 466) 7.64
12.3 PREVENTION OF AIR POLLUTION 7.64

12.3.1 Classification of Works 7.65
12.3.2 Notification 7.66
12.3.3 Control of Works 7.67
12.4 ENVIRONMENTAL PERMIT 7.67
12.5 CONSTRUCTION AND DEMOLITION (C&D) 7.67

MATERIAL
12.5.1 Dumping Licences 7.67
12.5.2 Trip-ticket System 7.68
12.5.3 Waste Management Plan 7.68
12.5.4 Construction Waste Disposal Charging Scheme 7.69
12.6 REGULATING ACTIONS ON CONTRACTORS 7.69

CONVICTED OF ENVIRONMENTAL OFFENCES
12.7 SITE CLEANLINESS, TIDENESS AND CONTROL ON 7.70

MOSQUITO BREEDING
12.8 USE OF PFA AS GENERAL FILL IN RECLAMATION 7.70
12.9 ENVIRONMENTAL MANAGEMENT 7.71
13. VARIATIONS 7.73
13.1 AUTHORITY FOR VARIATIONS 7.73
13.2 VARIATION ORDERS 7.73
13.3 VALUATION OF VARIATIONS 7.73
13.4 EXECUTION OF WORK OUTSIDE THE ORIGINAL 7.74

SCOPE OF THE CONTRACT
7.8 2006 Edition
Page No.
13.5 VARIATIONS AFFECTING ENVIRONMENTAL PERMIT 7.75
14. CONTRACTUAL CLAIMS 7.76
14.1 GENERAL 7.76
14.2 HANDLING OF CLAIMS 7.76
14.3 AUTHORITY TO SETTLE CLAIMS 7.78
15. REPORT ON CONTRACTORS’ PERFORMANCE 7.79
15.1 OBJECTIVE 7.79
15.2 PROCEDURE AND GUIDANCE 7.79
16. DETERMINATION OF CONTRACTOR’S EMPLOYMENT 7.80
16.1 GENERAL 7.80
16.2 WARNINGS PRIOR TO DETERMINATION OF 7.80

CONTRACTOR’S EMPLOYMENT
16.3 ACTION TO EFFECT DETERMINATION OF 7.81

16.3.1 General 7.81
16.3.2 Actions upon the Serving of a Notice of 7.81
Determination of Contractor’s Employment
16.3.3 Actions upon Determination of Contractor’s 7.82
Employment
16.3.4 Actions after Determination of Contractor’s 7.83
Employment
16.4 CHECK-LIST FOR ACTIONS REGARDING 7.85

DETERMINATION OF CONTRACTOR’S
EMPLOYMENT
17. DAMAGE REPAIRS AND EMERGENCY WORK 7.88
17.1 DAMAGE REPAIRS GENERALLY 7.88
17.2 DAMAGE TO CROPS AND PROPERTY ON 7.88

AGRICULTURAL LANDS
7.9 2006 Edition
Page No.
17.3 EMERGENCY WORK 7.88
17.4 REPORTING OF MAJOR EMERGENCY INCIDENTS 7.89
18. PROCEDURE ON COMPLETION OF WORKS 7.90
18.1 PRIOR TO ISSUE OF CERTIFICATE OF COMPLETION 7.90

18.1.1 Criteria for Assessing Completion 7.90
18.1.2 Handing Over Completed Works 7.90
18.1.3 Liaison with DLO 7.91
18.1.4 Outstanding Works 7.92
18.2 CERTIFICATE OF COMPLETION 7.92

18.2.2 Standard Forms 7.93
18.2.3 Partial Completion 7.93
18.2.4 Release of Surety Bond and Security Deposit 7.93
18.3 MATTERS DURING MAINTENANCE PERIOD 7.93

18.3.1 Working During the Maintenance Period 7.93
18.3.2 Inspection Before the End of the Maintenance 7.94
Period
18.3.3 Maintenance Certificate 7.94
18.3.4 Release of Retention Money 7.95
18.3.5 Report on Completion of the Contract 7.95
18.3.6 As-constructed Survey 7.95
18.3.7 Information for Maintenance Authority 7.96
18.3.8 Electronic Drawings 7.96
18.4 POST-COMPLETION REVIEW ON MAJOR WORKS 7.96

CONTRACTS
19. DEDUCTION OF MONIES FROM GOVERNMENT 7.98

CONTRACTS
19.1 GENERAL 7.98
19.2 ADMINISTRATIVE PROCEDURE 7.98
20. CONTRACTS INVOLVING DESIGNS BY CONTRACTOR 7.100

7.10 2006 Edition
Page No.
21. MISCELLANEOUS 7.101
21.1 STATUTORY NOTIFICATIONS 7.101
21.2 TECHNICAL AUDIT 7.102

21.2.1 Technical Audits on Works Contracts 7.102
21.2.2 Independent Auditing for Prevention of Sub-standard 7.103
Works in Public Works Construction
21.2.3 Technical Audits on Consultancy Agreements 7.103
21.2.4 Audits on Tunnel Works 7.103
21.3 ASSIGNMENT OF CONTRACTORS’ FINANCIAL 7.103

BENEFIT
21.4 MEDIATION/ARBITRATION IN CONSTRUCTION 7.103

DISPUTES
21.5 DISCOVERY OF ANTIQUES OR UNUSUAL/ 7.104

SUSPICIOUS OBJECTS
21.6 USE OF EXPLOSIVES 7.104

21.6.1 General 7.104
21.6.2 Instructions for Explosives Supervisors 7.105
21.7 WAGE DISPUTES INVOLVING CONTRACTORS 7.107
21.8 OPENING CEREMONIES FOR PUBLIC WORKS 7.107

PROJECTS
21.9 QUALITY ASSURANCE FOR STRUCTURAL 7.109

CONCRETE
21.10 NOVATION 7.109
21.11 TREE PRESERVATION 7.109
21.12 IMPORTATION OF SAND FROM MAINLAND CHINA BY 7.110

BARGES
21.13 ELECTRONIC DRAWINGS 7.110
21.14 MANAGEMENT OF SUB-CONTRACTORS BY 7.110

CONTRACTORS
21.15 TRANSPORTATION OF ABNORMAL LOAD 7.113
21.16 MAINTENANCE OF EXISTING HIGHWAY 7.114

7.11 2006 Edition
Page No.
21.17 THE CASE ON ENTRUSTMENT OF WORKS 7.114
21.18 CONTROL OF CONTRACT PRELIMINARIES FOR 7.114

ONGOING CONTRACTS
21.19 MEASURES TO PREVENT ILLEGAL EXTRACTION OR 7.115

IMPORTATION OF OULDERS/COBBLES/PEBBLES
21.20 DESIGN AND BUILD CONTRACT 7.115
22. REFERENCES 7.116
APPENDICES
APPENDIX 7.1 CONSENT TO ERECT TEMPORARY 7.122

STRUCTURE ON CONTRACT WORKS
SITE
APPENDIX 7.2 DRINAGE TESTING FORM 7.123
APPENDIX 7.3 SAMPLE PROGRESS CHART 7.124
APPENDIX 7.4 INCLEMENT WEATHER REPORT FORM 7.125
APPENDIX 7.5 SITE INSTRUCTION FORM 7.126
APPENDIX 7.6 DAYWORKS DAILY RECORD FORM 7.127
APPENDIX 7.7 DAYWORKS MONTHLY SUMMARY FORM 7.128
APPENDIX 7.8 INVENTORY RECORD FORM FOR 7.129

FURNITURE AND EQUIPMENT WHICH
SHALL BE RETURNED TO THE
CONTRACTOR
APPENDIX 7.9 INSPECTION/SURVEY CHECK REQUEST 7.130

FORM
APPENDIX 7.10 CONCRETE TEST CUBE REGISTER 7.131
APPENDIX 7.11 FIELD DENSITY DETERMINATION FORM 7.132
APPENDIX 7.12 SOIL COMPACTION TEST SUMMARY FORM 7.133
APPENDIX 7.13 BAR BENDING SCHEDULE 7.134

7.12 2006 Edition
Page No.
APPENDIX 7.14 TENSIONING RECORD FORM FOR 7.135

PRESTRESSED STRUCTURE
APPENDIX 7.15 RECORD FORM FOR BITUMINOUS 7.136

MATERIALS DELIVERED TO SITE
APPENDIX 7.16 DRAINAGE PIPELINE WATER TEST 7.137

RECORD FORM
APPENDIX 7.17 BEARING AND EXPANSION JOINT 7.138

PERFORMANCE RECORD FORM
APPENDIX 7.18 NOT USED 7.140
APPENDIX 7.19 ENGINEER’S INTERIM PAYMENT 7.141

CERTIFICATE
APPENDIX 7.20 ENGINEER’S FINAL PAYMENT 7.143

CERTIFICATE
APPENDIX 7.21 VARIATION ORDER FORM 7.145
APPENDIX 7.22 STANDARD LETTER FOR VARIATION 7.146

ORDER
APPENDIX 7.23 CURRENT FINANCIAL STATEMENT 7.147
APPENDIX 7.24 STANDARD LETTERS REGARDING 7.148

NOTICE OF CLAIM
APPENDIX 7.25 STANDARD LETTER FOR CERTIFYING 7.153

CLAIMS
APPENDIX 7.26 WARNING LETTER PRIOR TO 7.154

DETERMINATION OF CONTRACTOR’S
EMPLOYMENT
APPENDIX 7.27 RECOMMENDATION FOR DETERMINATION 7.156

OF CONTRACTOR’S EMPLOYMENT
APPENDIX 7.28 NOTICE OF DETERMINATION OF 7.157

APPENDIX 7.29 NOTICE TO BONDSMAN 7.159
APPENDIX 7.30 REQUEST FOR EMPLOYING ANOTHER / 7.160

TERM CONTRACTOR TO CARRY OUT
URGENT REPAIR/REMEDIAL WORKS
7.13 2006 Edition
Page No.
APPENDIX 7.31 LETTER INFORMING THE CONTRACTOR OF 7.161

EMPLOYING OTHERS TO CARRY OUT
URGENT REMEDIAL/REPAIR WORKS
APPENDIX 7.32 CERTIFICATE OF COMPLETION IN 7.162

RESPECT OF A PART OF THE WORKS
APPENDIX 7.33 CERTIFICATE OF COMPLETION IN 7.163

RESPECT OF A SECTION OF THE WORKS
APPENDIX 7.34 CERTIFICATE OF COMPLETION OF THE 7.164

WORKS
APPENDIX 7.35 CERTIFICATE OF RELEASE OF SURETY 7.165

BOND
APPENDIX 7.36 MAINTENANCE CERTIFICATE 7.166
APPENDIX 7.37 ENGINEER’S CERTIFICATES FOR 7.167

PAYMENT OF RETENTION MONEY
APPENDIX 7.38 REPORT ON COMPLETION OF CONTRACT 7.170
APPENDIX 7.41 MANDATORY PROVIDENT FUND 7.174

NOTIFICATION FORM
APPENDIX 7.42 SHOTFIRER’S CHARGING DETAILS 7.175
APPENDIX 7.43 PROFORMA FOR REPORTING CASE OF 7.177

SUSPECTED NON-PAYMENT OF WAGES
TO WORKERS
APPENDIX 7.44 SAMPLE PLAQUES 7.172
APPENDIX 7.45 SAMPLE INVITATION CARD FOR 7.179

OPENING CEREMONY
APPENDIX 7.47 GUIDANCE ON GEOTECHNICAL 7.181

SUPERVISION REQUIREMENTS
7.14 2006 Edition
1. ACTION CHECKLIST AT COMMENCEMENT OF CONTRACT

The checklist in this Section 1 (for commencement of contract) and Section 2 (for
completion of contract) provide a fairly comprehensive list of actions to be taken but it may
not cover all situations. Individual offices/divisions should extract this list, expand it if
necessary to include internal procedures of the office/division concerned, and make it a
standard requirement for a copy of the check-list to be kept in the relevant project file and
project handbook. The Engineer’s Representative (ER) should record in the “Remarks”
column of the checklist the file reference and other relevant information when action on any
item is completed.
Item No. Procedure Clause Remarks
1 ACTIONS BY THE ENGINEER
1.1 Notify Contractor of the date for commencement of the -

Works
1.2 Notify CTA(F) of ETWB of contract number, name of

contractor, contract title, name of department, contract -
approval date and awarded contract sum
1.3 Inform Contractor of the name and delegated authorities 4.1

of the ER
1.4 Confirm and arrange method of payment 7.1
1.5 Issue Forms to CITA & PCFB 4.2.6 &

21.1
1.6 Send notification to VTC, CITA and/or EMSD 4.2.6 &

21.1
1.7 Send MPF form to MPFSA 21.1
1.8 Notify Labour Department/Marine Department of the 11.3

commencement date and other details of the Contract
1.9 Inform SCART of contact channel 10.2
1.10 Provide Contractor with information for preparation of 12.5.3/

Waste Management Plan/ Environmental Management 12.9
Plan
1.11 Send master programme and CV of nominated 4.3

geotechnical supervision personnel to GEO
1.12 Hand over the Site to Contractor 3.1

7.15 2006 Edition
1.13 Provide survey control points and beacon marks 3.2
1.14 Determine the types and format of site records to be kept 5.1
1.15 Issue “Registration Form for Testing of Construction -

Materials” to Public Works Laboratories
1.16 Submit “Summary Details of Contract” to the 11.5

Departmental Safety and Environmental Adviser
1.17 Central acceptance and distribution of contract 21.18

preliminary items
2 ACTIONS BY THE CONTRACTOR
2.1 Submit details of managerial and technical staff and site 4.2.1
supervision structure
2.2 Nominate Site Agent 4.2.2
2.3 Nominate surveyor(s) 4.2.3
2.4 Nominate Safety Officer/Supervisor 4.2.4 &

11.2
2.5 Nominate Construction Engineer and Construction 4.4

Supervisor for piling works
2.6 Submit details and particulars of the technician 4.2.5

apprentices, and building and civil engineering graduates
employed (if any)
2.7 Submit Programme of Works 6.1
2.8 Submit details of project signboard 3.5
2.9 Obtain approval for the Engineer’s site accommodation -
2.10 Obtain approval for the Contractor’s site accommodation 3.3
2.11 Submit details of Safety Plan (where required) 11.9 &

11.10
2.12 Submit Waste Management Plan/ Environmental 12.5.3/

Management Plan (where required) 12.9
7.16 2006 Edition
2.13 Submit first detailed version of Sub-contractor 21.14

Management Plan (SMP) (where required)
2.14 Circulate to obtain latest utility information 10.1
3 JOINT ACTIONS BY BOTH PARTIES
3.1 Carry out joint initial survey and agree survey results 3.2
3.2 Arrange site security to be set up 3.4
3.3 Take photos of the Site and surroundings before 3.1 &
commencement of the Works 5.12
3.4 Decide locations where settlement/movement of the Site 5.18(c)

or structures should be monitored
7.17 2006 Edition
2. ACTION CHECKLIST ON COMPLETION OF CONTRACT
1 Hand back land/Works Area formed under the Contract 3.7 &
to DLO 18.1.3
2 Hand over completed Works to operation/maintenance 3.7 &

departments/divisions 18.1.2
3 Prepare list of outstanding works 18.1.4
4 Issue completion certificate(s) 18.2.1,

18.2.2 &
18.2.3
5 Release of security deposit/surety bond, if any 18.2.4
6 Prepare as-constructed drawings and survey plans, and 5.3 &

forward to appropriate authorities 18.3.6
7 Forward as-constructed drawings to operation/ 18.3.7

maintenance departments/divisions
8 Issue maintenance certificate 18.3.3
9 Release of retention money 18.3.4
10 Prepare report on completion of the Contract 18.3.5
11 Finalise valuation of variations and settle claims 13.3 &

14.2
12 Finalise and agree site measurements and record of 5.5 &

materials and equipment provided by Government 5.14
13 Prepare final payment certificate 7.3
14 Issue Forms to CITA & PCFB 21.1
15 Check return for electronic drawings from Contractor (if 18.3.8

any)
16 Arrange custody of site records and documents 5.19

7.18 2006 Edition
3. THE SITE
3.1 HANDING OVER TO CONTRACTOR
According to the General Conditions of Contract, on the date for commencement of

the Works notified by the Engineer, the Contractor should be given possession of so much of
the Site as may be required to enable the Contractor to commence and proceed with the
construction of the Works in accordance with his programme, unless the Contract makes
specific provision for phased possession of Portions of the Site. If phased possession is not
stated in the Contract, the general policy is to hand over the whole of the Site to the
Contractor on the date for commencement of the Works.
Whenever possible, the Project Office should arrange to take over the Site from the
appropriate District Lands Office (DLO) of the Lands Department or the existing occupier on
the same date as that of handing over the Site to the Contractor so that continuous control
may be exercised to prevent illegal occupation or dumping.
Relevant details of the handing over of the Site or any Portions, which should include
a plan clearly showing the areas handed over, should be confirmed in writing to the
Contractor. A copy of the same plan should be sent to the appropriate DLO together with
written confirmation that the Site has been handed over and stating the period for which the
areas will be occupied by the Contractor. A further copy of the plan should be sent to the
Lands Administration Office, Lands Department, if applicable. Details concerning the
preparation of the plan are given in Chapter 3 (Land Matters).
When the Contractor takes possession of the Site or any part, the existing features of
the Site and the area adjacent to the Site are to be extensively photographed with particular
emphasis on the condition of adjoining properties or amenities. See also Clause 5.12.
Should it occur that possession of the whole of the Site on the date notified for
commencement or the possession of a portion of the Site on the specified date is not possible,
then the extent of any delay to the progress of the Works caused by the non-possession is to
be established and recorded at the time.
3.2 JOINT SURVEY AND SETTING OUT
Survey work associated with a construction contract and required by the project
engineer is normally carried out by the Survey Section of the Project Office (or Survey
Division of the project department), except that where consultants are employed to supervise
the Contract such survey work will usually be carried out by surveyors of the consultant’s site
establishment.
Setting out of the limits of the Contract or the Site should be carried out in
conjunction with the Contractor and Estate Surveyor of the appropriate DLO, and if
appropriate, the Lands Administration Office, Lands Department. If it is necessary to
readjust private lot boundaries, this should be done by the appropriate District Survey Office
of the Lands Department.
7.19 2006 Edition
The project engineer should arrange to establish a sufficient number of control points
and benchmarks to enable the Contractor to set out the Works. These points should be well
constructed and, as far as is practical, located so that they will not be disturbed as the Works
proceed. Regular checking should be done during the Contract to ensure that such points are
correct. The control points and benchmarks should be provided to the Contractor in
appropriate forms and diagrams, or plotted on the Dimensioned Plan with their co-ordinates
and levels listed. The Dimensioned Plan shall be issued as a contract drawing to the
Contractor. In order to enable speedy map revision work, a copy of the Dimensioned Plan or
setting-out plan should be sent to DD/SM (Attn: Map Intelligence Section) of the Lands
Department.
Before the commencement of any work, the original ground levels and details of
existing features on the Site should be established by a survey carried out jointly with the
Contractor. The results of the survey should be agreed with the Contractor and recorded in
the form of drawings.
The Project Office shall seek the prior agreement of DD/SM if, during the progress of
work, it is found necessary to deviate from the agreed Dimensioned Plan.
3.3 MANAGEMENT
When formal notice is given by the Engineer to the Contractor to commence work,
the Contractor must be required to take charge of the Site, and immediately he takes
possession of the Site, be responsible for its care and control, including keeping it clean and
clear of illegal occupation. If any illegal occupation is found on the Site, the Contractor
should initiate eviction action, provided it is specified under the Contract, such as in the
Particular Specification (PS). If unsuccessful, the case should be reported to the appropriate
DLO and the Police for assistance to clear the illegal occupation.
The Contractor must be fully aware of and comply with any restrictions on the use of
the Site as specified in the Contract, especially the clauses in the Engineering Conditions with
respect to Temporary Government Land Allocations for land such as works areas. Close
liaison should be maintained with the Lands Department and, where necessary, the District
Office to avoid unnecessary friction with private individuals.
All site offices and other temporary structures required for the Works should,
wherever possible, be sited together in one or two defined areas to assist recognition by the
staff of the Lands Department.
If any site offices or temporary accommodations are to be erected on Site which may
conflict with the permanent works or in areas which may have to be handed back to the
Lands Department before the whole of the Works are completed, the implications should be
carefully considered and appropriate conditions should be added to avoid claims from the
Contractor regarding any necessary vacation and re-erection of the site offices or temporary
accommodations.
If a temporary structure is required on a Works Site that cannot be defined in the

contract documents, such as in term contracts, the form, “Consent to Erect Temporary
Structure on Contract Works Site” (Appendix 7.1), should be issued. Sites for such structures
7.20 2006 Edition
should be jointly selected by representatives from the District Lands Office and Project
Office/Department before the form is issued.
3.4 SECURITY
(a) In general, works areas, site formation areas, public filling areas and borrow
areas in urban districts and in rural recreational areas should preferably be
shielded from view by means of hoardings. However, a hoarding should not
be provided under the following circumstances:
(i) If it will have to be removed within 6 months, or
(ii) If it will unduly obstruct traffic.
Reference should be made on any mandatory requirements for the provision of

hoarding under the Air Pollution Control (Construction Dust) Regulation.
These requirements should prevail over any other requirements that may be
specified in the Contract.
(b) If the provision of hoarding is impracticable, then a chain link fence or

portable barrier should be provided.
(c) The works area where the Engineer’s offices are situated should be properly
fenced off, locked and, if necessary, manned with a watchman at night.
(d) Appropriate signs should be put up at prominent locations, declaring this is a

construction site and trespassing will not be permitted.
(e) Close liaison should be maintained with local Police Station who are requested
to pay special attention to the works area during the daily patrolling especially
at night.
(f) Equipment, especially that of a portable type, should be kept under lock and
key.
(g) Reference should be made to the booklet called “Construction Site Security”
prepared by the Crime Prevention Branch of the Hong Kong Police Force (See
WB TC 11/93).
3.5 PROJECT SIGNBOARD
3.5.1 Size and Location
The project signboard must always be of appropriate size (see Clause 3.5.2 below)
and in the appropriate location to achieve the desired result. On occasions, more than one
project signboard may be required for a particular project or it may be desirable for a project
signboard to be illuminated at night.
7.21 2006 Edition
3.5.2 Details of Project Signboard
(a) The design, size and construction and other relevant details of the project
signboard shall be as per the relevant departmental standard drawings.
(b) Major project signboards are to carry, in both Chinese and English, a brief
project title, a simple description of the project or the benefit to the community
to be derived from the project, and a large, simple artist’s impression of the
completed project or the construction in progress as viewed from the location
of the project signboard. The estimated completion date is to be stated and it
is preferable to express this date by saying, for example, “mid-2004” or “early
2005” to allow for possible extensions of time. Subject to the approval of the
relevant Director, the estimated cost may be given. The attached side of
project signboard is to carry the department logo and the name, in Chinese and
English, of the department under the control of which the project is being
executed. With the approval of the Chief Engineer, the names of Consultants,
Contractors and Sub-Contractors engaged on the project may be displayed on
the Consultants/Contractors names board. Consultants’ names may be
displayed on this subsidiary project signboard in the format approved or
recommended by the professional institution to which they belong. In no case
should a consultants’/contractors’ project signboard be permitted to compete
with, detract from or in any way overshadow the Government project
signboard.
(c) Minor project signboards are to carry all the information included on major
signboards with the exception of the artist’s impression.
(d) The colours of the lettering, characters, dividing lines and background shall be
as shown on the relevant departmental standard drawings. Chinese characters
are to have the same prominence as English letters.
3.5.3 Erection, Maintenance and Removal
The erection, maintenance and removal of project signboards stated in the Contract
shall be in accordance with GS Clause 1.48.
3.6 TEMPORARY UTILITY SUPPLIES
On behalf of the Contractor, when deemed appropriate and subject to funds being
available, and having taken regard of available options, the project engineer should make an
advance application for temporary supplies of electricity, water and telephone services before
the award of the Contract in order to expedite the availability of such services shortly after
the commencement of the Works. See LWB TC 13/84 for detailed guidance.
Expenses for the temporary utility supplies are to be met by the Contractor. However,
as the Contract will not have been signed and sealed at the time of making an advance
application for temporary supplies, it should be noted that any fees paid by the Project Office
are unlikely to be recoverable from the Contractor unless a S.C.C. clause and specific
contractual provisions including P.S. clause is written in to this effect. The Contractor shall
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be responsible for the maintenance and subsequent removal of the temporary supplies, and all
fees in connection with the supplies.
3.7 RE-POSSESSION ON COMPLETION
(a) On completion of the whole or any Section of the Works, the Site or part of
the Site should be re-possessed in the following manner, to ensure continuous
control:
(i) The area permanently occupied by the Works should be handed over to
the authority responsible for management and/or maintenance of the
Works or to the authority responsible for further work in the area.
(ii) Remaining areas should be handed back in the agreed condition to the
appropriate District Lands Office.
(b) Re-possession and handing over should normally be by a joint inspection

followed by an exchange of memoranda and drawings, if necessary. If the
Site is handed over to another Division/Office for further work, the
appropriate District Lands Office must be advised. See Chapter 3 for further
information on handing over the Site or part of the Site.
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4. SUPERVISING PERSONNEL
4.1 ENGINEER’S STAFF
Immediately on signing the Contract, the Engineer should advise the Contractor of the
names of the Engineer’s Representative(s) (ER) who will represent him in supervising the
Works. The duties and powers, which the Engineer will delegate to the Engineer’s
Representative(s), should be identified and communicated in writing to the Contractor.
4.2 CONTRACTOR’S STAFF
GCC Clause 18 requires the Contractor to employ skilled, experienced and competent
staff in carrying out the Works. It is therefore necessary that the contract documents stipulate
the minimum requirements and qualifications of the staff stated in Clauses 4.2.1 to 4.2.6 who
are employed on the Contract. The Engineer has to be satisfied that these staff members meet
the contract requirements and that the Contractor has fulfilled his obligations under the
Contract.
4.2.1 Technical Resources and Site Supervision Structure
For contracts tendered with marking scheme approach in accordance with ETWB
TCW 8/2004, the Contractor shall submit a site organization chart on a monthly basis
showing the details of the managerial and technical staff and the site supervision structure for
the Engineer’s checking/agreement. If there is a change in the site key staff, it shall be
reported to the Engineer. The technical resources on managerial and technical staff and the
technical proposal on site supervision should be checked against the Contractor’s “Technical
Submission” made at the tendering stage to ensure that adequate site supervision will be
provided by the Contractor. In the event the Contractor is unlikely to provide or maintain any
staff of the management team submitted by the Contractor in his Tender submissions on
technical resources or necessarily inferred therefrom, he shall report to the Engineer as soon
as practicable.
4.2.2 Site Agent
The Contractor should submit for approval within 7 days after the date for
commencement of the Works the name and particulars of the site agent who will represent
the Contractor on the Site. The qualification and experience of the Contractor’s site agent
should comply with the requirements of the Contract.
4.2.3 Surveyor
The Contractor should submit for the Engineer’s information the name and particulars
of the person employed to set out the Works within 7 days of his appointment. The person
should be competent and experienced and possess the academic and professional
qualifications acceptable to the Engineer and appropriate to the nature of the survey work
required for the Contract.
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4.2.4 Safety Officer
Where the Contract requires the employment of a Safety Officer(s), the Engineer
should check whether the Safety Officer(s) proposed by the Contractor has the relevant
training, knowledge and experience as required in the Contract. Refer to Clause 11.2 for
further details regarding the employment of a safety officer(s)/supervisor.
4.2.5 Technician Apprentices and Building and Civil Engineering Graduates
In accordance with ETWB TCW 12/2003, Approved Contractors for Public Works on
the List are required to employ technician apprentices, or building and civil engineering
graduates. The ER should keep records and report the number of technician apprentices,
building and civil engineering graduates in the Contractor’s Performance Report. The Project
Office should report to ETWB of any deficiencies according to the circular.
4.2.6 Qualified Tradesmen and Intermediate Tradesmen
In addition to the requirements in Clause 4.2.5, the Approved Contractors for Public
Works on the List are also required to employ qualified tradesmen and intermediate
tradesmen. The ER should observe and take appropriate actions in accordance with the
monitoring cycle for compliance as stipulated in WB TC 13/2002. In the event that the
contractual requirements have not been met, the Engineer shall issue a warning letter to the
Contractor requesting for immediate remedial actions. The warning letter may be in the form
shown in Appendix D of WB TC 13/2002 and shall be copied to the ETWB, CITA, VTC,
and/or EMSD as appropriate.
WB TC 13/2002 stipulates that within two weeks from the commencement date of the
Contract, the Engineer shall send a notification to the CITA, VTC and EMSD as appropriate,
informing them of the commencement of the Contract and the name of the successful
tenderer. For contracts that do not require employment of workers in those E&M trades, it is
not necessary to send the notification to EMSD. Similarly, if the contracts do not require
employment of workers in those Civil and Building Engineering trades, it is not necessary to
send the notification to CITA.
The Engineer’s site supervisory staff should also carry out random checks on the
Contractor’s workers. The Contractor shall produce documentary proof of the qualification
and identity of its Qualified Tradesmen and Intermediate Tradesmen for inspection upon
request by the Engineer’s site supervisory staff.
4.3 SUPERVISION FOR GEOTECHNICAL WORKS
In accordance with ETWB TCWs 29/2002 and 15/2005, the Project Office shall
ensure that suitably qualified and experienced geotechnical supervision personnel are
appointed to supervise the geotechnical works (including associated temporary works and
blasting activities, the construction of which could pose significant risk to public life and
property) and the ground investigations under the Contract. The geotechnical supervision
personnel shall ensure that the works carried out on site comply with the design, any
specified working procedures and contract acceptance limits. They shall inspect and check
the actual site conditions encountered and the critical items of works/working procedures and
validate the design assumptions and the buildability of the works. The supervision personnel
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shall have the authority and responsibility to carry out any necessary design review, design
modifications and specification of preventive/mitigation/remedial measures to ensure that the
works meet the design objectives. They shall make a design amendment submission to the
GEO prior to commencement of the works through the Project Office or its consultants,
should there be any significant changes in the design after the design review.
Guidance on the recommended minimum requirements for geotechnical supervision is

given in Appendix 7.47. The Project Office shall provide the GEO with a copy of the master
programme for their works contract and the curriculum vitae of the nominated geotechnical
supervision personnel on commencement of the contract for comment.
For projects involving tunnel works, the Project Office shall consult the GEO on the
minimum requirements for the site supervision personnel that the Engineer/Architect/
Supervising Officer (E/A/SO) and the Contractor should employ for supervising the different
types of tunnel works under the Contract (see ETWB TCW 15/2005). The Project Office
shall submit to GEO details of the E/A/SO’s and the Contractor’s site supervision
arrangements and management structure, including the curriculum vitae of the key site
supervision personnel, and their duties, responsibilities, authority and lines of reporting, prior
to the commencement of construction of the tunnel works. GEO may audit the documents
submitted and carry out site audits.
ETWB TCW 29/2002A specifies additional requirements on special geotechnical

control for public developments including slope upgrading/improvement works located in the
Mid-levels Scheduled Area.
Guidelines on the requirements for site supervision relating to ground investigation

works and foundation works in Scheduled Areas No. 2 and No. 4 and in the Designated Area
of Northshore Lantau are given in ETWB TCW 4/2004.
4.4 SUPERVISION FOR PILING WORKS
Supervision for piling works should be carried out by personnel with suitable
qualification and experience. Basically, the Contractor should employ a Construction
Engineer and a Construction Supervisor in connection with the execution of piling works as
stated in the Contract. The Contractor shall develop a monitoring system before piling
commences, to ensure the integrity and accuracy of the piling record. This system shall be
agreed by the Engineer. To meet the requirements for enhancement of built quality for piles
in public works projects, project departments are required to ensure that the site supervision
by their resident site staff or by their in-house staff is, in substance, equivalent to that
stipulated in Buildings Department’s Code of Practice for Site Supervision 2005 and/or its
latest edition (ref. http://www.bd.gov.hk/english/documents/code/ss2005_e.pdf). Where
necessary, project departments could arrange for the employment of temporary staff for the
required site supervision, under individual project votes where appropriate. Such
employment is subject to the availability of funds and inclusion in the project scope in the
relevant funding papers (i.e. FC/PWSC/Cat. D papers) of provisions for employment of
temporary staff, in accordance with Civil Service Bureau Circular No. 2/99 on Employment
of Non-Civil Service Contract Staff.
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5. RECORDS
5.1 GENERAL
The keeping of good comprehensive records is very important. Records serve three
basic purposes:
(a) They provide information for the administration of the Contract, and in
particular, for the evaluation of work done for payment.
(b) They provide the management with necessary information on progress, the
level of resources and the condition of the Works, on which engineering and
management decisions may be based.
(c) They provide information on the history of the Works, so that facts are
available for the evaluation of claims or resolution of disputes should these
arise.
The Engineer’s Representative (ER), in consultation with the Engineer where

necessary, should establish a set procedure for record keeping at the commencement of the
Works such that adequate records will be produced efficiently. During the progress of work,
should events occur or be about to occur, which may lead to claims or disputes, the ER
should consider and implement as soon as possible a system for keeping additional records.
It is important that such a system will provide detailed and comprehensive information.
Where possible, the Contractor’s agreement to the records should be obtained.
Records submitted by the Contractor must be carefully checked and verified as soon
as they are received. Discrepancies should be resolved early while memories and evidence
are still fresh; but where agreement cannot be reached, the differences must be recorded
either in the site diary (Clause 5.4) or in a letter to the Contractor.
The standard practice for filing of works contract site-documents as stipulated in WB

TC 19/93 should be followed. A computer aided document management system may be
employed having regard to the requirements of particular contracts. However, the provision
of such system should be considered as part of the Contract Computer Facilities subject to the
conditions and requirements as laid down in ETWB TCW 12/2004.
The type of records considered being necessary for good contract administration and
the more common types of engineering records required under most contracts are described
in the following paragraphs and are also contained in other clauses of this chapter. The list is
by no means exhaustive and the keeping of other records must be considered according to the
needs of a particular contract.
5.2 CONTRACT DOCUMENTS
A certified true copy of the signed contract documents, including a set of the original
contract drawings should always be kept in the site office. Any standard document which
forms part of the Contract, but is not bound in the signed documents, should also be kept in
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the site office. Such documents include the General Conditions of Contract (GCC), General
Specification (GS) and Standard Method of Measurement (SMM).
5.3 RECORD DRAWINGS
One set of drawings should be kept separate from the set of original contract drawings
mentioned in Clause 5.2, the latter being kept intact for reference only.
To ensure the building up of a comprehensive set of record drawings as the Works

proceed, the following should be observed:
(a) A set of drawings comprising the contract drawings and one copy of all
revised drawings and additional drawings issued to the Contractor shall be
designated for record purposes.
(b) Where the as-constructed work deviates from the drawings, the as-constructed
details should be recorded as soon as possible and marked in red ink on the
relevant drawings in the set to record exact dimensions and positions of the
finished work.
(c) Where details of the finished work are the subject of a record survey, either a
copy of the survey plan produced should be kept in the set or the results of the
survey should be abstracted and incorporated into the relevant drawings.
Attention is drawn to GCC Clause 44 that concerns the examination of works before
they are covered up. All details, especially those that deviate from the drawings, should be
adequately recorded for the preparation of the as-constructed drawings.
On completion of the work, the set of record drawings should be checked and
endorsed by the Engineer’s Representative and then passed to the drawing office for the
preparation of faired copies of the as-constructed drawings. The as-constructed drawings
shall be completed within the time scale appropriate to the size and complexity of the
Contract and according to operational needs, as determined by the project engineer during the
preparation of the Contract, or for consultant-managed projects, within the time scale
stipulated in the brief to the consultancy agreement.
For projects involving tunnel works, the Project Office shall submit to GEO prior to
completion of any consultancy/contract under the project, as appropriate, as-built survey
plans showing the boundaries of the tunnels/shafts/caverns and the extent of any temporary
works, which may affect future construction (see ETWB TCW 15/2005).
5.4 SITE DIARY
The standard form to use for the site diary is GF 536 that is bound in a book. Subject
to the agreement of the Engineer, the ER may choose to keep site diaries in electronic format,
preferably on database management software. In this event, the ER shall outline the proposed
format, including the details and capabilities of the management software, to the Engineer for
endorsement.
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The site diary is one of the most important records for a contract, its primary aim
being to record facts. It should therefore contain an accurate and concise record of the
progress of work, plant and labour employed, weather and site conditions, and any
occurrences which affect the progress and/or quality of the work, including the extent to
which they are affected. In addition, comments on causes of delays and disruptions to normal
progress should be noted where appropriate. The post and name of site supervisory staff who
carries out the inspection and the works inspected shall be recorded.
The Inspector of Works is normally responsible for keeping the site diary. The
Inspector of Works and the Contractor’s authorised agent or representative should sign the
diary daily and the ER should check and initial the diary at least once a week. For site diaries
kept in electronic format, hard copies should also be signed as outlined above and kept in file
for reference and record.
For contracts occupying a large site area and comprising several well-defined
Sections, the use of several diary books, one for each Section, should be considered. Where a
contract is exceptionally large or complex in nature, the standard form of diary may be
inadequate. In that event, a special diary format may be devised for use subject to the
Engineer’s endorsement.
5.5 SITE MEASUREMENT BOOK
The standard site measurement book to be used is GF 534.
Measurements should be entered with reference to the SMM or the method of

measurement stated in the Contract. Entries should be made by the site supervisory staff or
SO(Q) regularly and signed by authorised representatives of both the Contractor and the
Engineer. The ER is normally the person responsible for agreeing measurements.
Further guidance on using the site measurement book is contained in Chapter 9.
5.6 PROGRESS CHART
A progress chart should be maintained in the site office and brought up-to-date at least
once a month.
The chart should be drawn up so as to show clearly the actual progress in relation to
the programme submitted by the Contractor.
A sample progress chart for a simple contract is shown at Appendix 7.3.
For complex contracts, a master chart showing overall progress and several charts
showing progress on different Sections of the Contract may be necessary. No standard form
will suit all contracts and a different chart should be devised for each contract.
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5.7 INCLEMENT WEATHER
General weather conditions are recorded in the site diary (Clause 5.4). On days of
inclement weather, an additional daily report should be completed by a member of the site
staff of rank AIOW or above, and countersigned by the ER, using the standard form shown at
Appendix 7.4.
Apart from recording the actual weather conditions, the inclement weather report
should also denote the extent to which Works were affected by weather. Observations on the
Contractor’s failure to mitigate the effects of inclement weather, such as inadequate
protection of Works, should also be included in the report.
5.8 SITE INSTRUCTIONS
Instructions given to the Contractor on Site should be issued on the standard form
shown at Appendix 7.5. The form may also be used by the ER, with delegated authority,
under GCC Clauses 60 & 62 for ordering work paid for on a daywork basis. However, it
should not be used for ordering variations where the standard form at Appendix 7.21 should
be employed for such circumstances. Where the works in site instruction or variation are
paid by dayworks, the works should be charged under the Daywork Bill.
One copy of instructions should be handed to the Contractor’s representative, one

copy should remain in the instruction book kept in the site office and one copy should be sent
to the Project Office for the contract file. If dayworks are ordered on the form, an additional
copy should be made for filing with Dayworks Daily Record (Clause 5.9).
5.9 DAYWORKS
The General Conditions of Contract requires the Contractor to submit, and the
Engineer’s Representative to agree (or reject with reasons), daily records of labour, plant and
materials employed on any work executed on a daywork basis. Such daily records should be
made on the standard form shown at Appendix 7.6.
To facilitate the calculation of the amount to be paid under daywork items each
month, a summary of daily records for each daywork order should be made at the end of each
month using the standard form shown at Appendix 7.7.
All daily records and monthly summaries relating to one daywork order should be
filed together for easy checking.
5.10 INVENTORY OF FURNITURE AND EQUIPMENT
The standard form shown at Appendix 7.8 should be used for recording the receipt by
the ER of equipment and furniture provided under the Contract. A copy of this record must
be kept in the site office. On completion of Works, the Contractor should be asked to sign
this form to acknowledge receipt of furniture and equipment returned to him. Please also see
Clause 21.18 for control of preliminaries.
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5.11 MINUTES OF MEETINGS AND CORRESPONDENCE
Minutes of meetings with the Contractor, including monthly meetings, meetings with
utilities, rate fixing meetings etc., and all correspondence with the Contractor will form part
of the records of the Contract and must therefore be kept in the site office and, where
necessary, in the Project Office files.
5.12 RECORD PHOTOGRAPHS
The main purposes of taking photographs are:
(a) to provide a visual record of the conditions of the Site and surroundings before
and during the course of the Contract,
(b) to record particular features of the work, especially which will later be
covered, and
(c) to provide material for publicity or training.
To fulfil the purpose of (a) above, one set of photographs of the Site and surroundings
should be taken before commencement of the Works. Particular attention should be paid to
existing structures, installations or properties which may be damaged by the Works.
Attention should also be paid to any area of potential disputes e.g. adjoining land used by
local farmers.
For purpose (b) above, photographs should be taken regularly during the course of the
Contract from the same vantage points on various Sections of the Works. The location of the
vantage points should be indicated on a key plan in the photograph album.
All photographs should include something to give a scale effect where this is not
readily apparent. On the back of each record photograph, the following information should
be written:
(i) Date on which the photograph was taken,
(ii) Exact location and description of the subject photographed, and
(iii) Purpose of the photograph.
Selected prints shall be authenticated by the Contractor and the ER by signing and
dating on the back of the prints. The photographs taken to record the conditions of the Site
and surroundings before the Works commence should be sent to the DLO/maintenance
authorities for record and acceptance of the as-photo conditions of the Site.
Ordinary record photographs should normally be taken by the site supervisory staff.
Where aerial photographs are required and no provisions were made in the Contract for such
photographs to be taken by the Contractor, requests for assistance can be made to the
appropriate Survey Office of the Lands Department through the respective Chief/Senior Land
Surveyor.
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5.13 REQUEST FOR INSPECTION AND SURVEY CHECK
The standard form shown at Appendix 7.9 should be used for recording the
Contractor’s request for inspection and/or survey of work performed and the ER’s permission
to proceed with proposed work after inspection/survey of the preceding stage. The purpose
of using this standard form is to improve communications on Site and provide a record of the
sequence of events. Countersigning by the resident engineer may be required for critical
items. The ER should respond to the contractor's request for inspection expeditiously.
5.14 RECORD OF MATERIALS AND EQUIPMENT PROVIDED BY

GOVERNMENT
The standard record book to use is GF 537.
This book should be maintained in the site office when stores are issued to the
Contractor free of charge and should record all receipts and issues. Materials issued to the
Contractor for incorporation into the Works should be signed for by the Contractor’s site
agent or authorised representative.
On completion of the Works, the book should be returned to the Project Office and
the quantities issued should be checked against the site measurements.
The pages referring to the Contract should be detached, stapled together, certified by
the ER and filed in the measurement file. A record of the sheets removed giving the
reference of the relevant measurement file should be maintained on the inside front cover of
GF 537 and endorsed by the ER for audit inspection.
5.15 MATERIALS TESTING
Records of tests on materials used in the Contract should be kept. The following
standard forms should be used whenever applicable:
(a) Compression Test of Concrete Cubes Test Request Form & Compression Test
on Concrete Cubes Test Certificate.
These forms should normally be signed by the IOW and then delivered to the
Public Works Laboratory (PWL) with the concrete cubes to be tested by a site
supervisory staff. Results of testing will be shown on the forms and returned
to the respective Project Office.
(b) Concrete Test Cube Register – sample at Appendix 7.10. One register should
be kept for each grade of concrete with the same mix design used in the
Contract.
(c) Tensile Test of Steel Reinforcement Request Form & Certificate.
(d) Soil Compaction Test Record & Summary – sample at Appendices 7.11 &
7.12.
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For standard forms mentioned in (a) and (c), details can be obtained by contacting
Public Works Central Laboratory (PWCL).
It should be noted that the ER’s supervisory staff must supervise the sampling,
transport and delivery of samples to the PWL. The test results must be supplied directly to
the ER in sealed envelope, not via the Contractor, and the ER’s supervisory staff must
exercise caution to examine the validity and integrity of the test results. See WB TC 14/2000
for further details on usage of the PWL.
5.16 LABOUR RETURNS AND WAGES
The General Conditions of Contract requires the Contractor to provide a daily return
of labour employed on the Works. The Contractor should be asked to fulfil this requirement
by filling the standard form GF 527 (Rev. 1/2003). The inspector should check the accuracy
of the information entered on the form by the Contractor, as far as practicable.
The Contractor should complete the standard form and submit to the site supervisory
staff within the first 4 working days of the succeeding month. In completing the form, the
Contractor should be reminded to include wage rates for normal working hours only and to
ignore overtime pay and employers’ contribution to MPF. If the accuracy of wage rates
entered on the form is doubtful, the Contractor should be asked to produce evidence such as
wage books to support his return. The site supervisory staff should check and sign the returns
and deliver directly to, or through the Project Office to, the Census and Statistics Department
(C&SD) within the first two weeks of the succeeding month. The information will provide
bases for compiling the “Index Numbers of Costs of Labour and Selected Materials Used in
Government Contracts” which are used in the calculation of contract price fluctuations under
GCC Clause 89. Further guidelines on the monthly return of site labour deployment and
wage rates for construction works are given in ETWB TCW 3/2003.
Four copies of the GF 527 (Rev. 1/2003) shall be prepared. The original should be
sent to C&SD, the duplicate to be retained by the Project Office, the triplicate to be filed as
site record and the quadruplicate to be kept by the Contractor.
In addition, the Contractor should also complete another standard form GF 527A on
“Return on Construction Site Employment” for delivery to C&SD within the first two weeks
of the succeeding month, following a similar procedure as for form GF 527. The information
will be used for computing the accident rate for construction sites and for compiling the
statistics on construction site employment. Guidelines in completing and submitting the form
are given in ETWB TCW 4/2005.
The Special Conditions of Contract also requires the Contractor to employ minimum
numbers of Qualified Tradesmen and Intermediate Tradesmen. See WB TC 13/2002 for
monitoring procedures for compliance. In case of non-compliance, action shall be taken in
accordance with Clause 4.2.6.
5.17 USE OF CONTRACT TRANSPORT
The guidelines for the use of contract transport, both land and marine, are given in
LWB TC 11/84. Section 5.1 of LWB TC 11/84 emphasizes that contract transport must not
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be used by any officer for non-official business or for any un-authorised journeys between
home and office, whether or not the Contractor is prepared to carry out the journeys free of
charge.
A record must be kept for the use of vehicles and launches provided under the
Contract, using the standard log-book GF 100. One log-book should be kept for each vehicle
or launch and all journeys must be recorded and signed by the user of the transport. The
ER/Engineer should ensure that the necessary log-books are correctly maintained and should
check them at least once a fortnight, endorsing each page wherever necessary.
In addition to routine checking of the log-books, the ER/Engineer shall carry out
periodical reviews of the actual utilization level of contract transport and make
recommendations to the Project Office for maintaining or terminating the contract transport
provision. The Project Office shall carry out global reviews of the returns from the
ER/Engineer and make further adjustments if necessary.
Staff should not avail themselves of the Contractor’s transport service if that service is
not specified in the Contract except where this is necessary and expedient for both parties to
jointly examine or record on-site any matter connected with the Works. Such transport
service that is called for by the Contract is to be used only in the manner and at the times
specified.
If, in an emergency, the vehicle is driven by a member of the site supervisory staff,
the log-book shall be similarly completed by that person but in addition, the nature of the
emergency must be stated in the ‘Purpose’ column and the entries in the log-book is to be
initialled by the ER/engineer/senior engineer or, where appropriate, the Engineer.
5.18 MISCELLANEOUS RECORDS
(a) Piling records
Examples of forms for pile driving records and pile loading test records are
given in the GS.
Particular records of piling works may also be required by the GS/PS of a

contract, e.g. PS clauses under WB TC 22/2000 and/or later amendments.
(b) Record for soil and rock conditions
Full records should be kept of the soil and rock conditions as the Works
progress. Apart from their importance during construction in respect of the
method of working, confirmation of original design, safety, progress
evaluation etc., these records will be of great value for future maintenance of
the Works and also for planning future works in the vicinity. If necessary, the
project engineer should be contacted to advise on the records to be kept.
(c) Settlement and movement records
These should be carefully planned at an early stage, particularly for works

where settlement/movement is expected. The respective Land Surveyor
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should be consulted to devise a method for monitoring and recording the

movements efficiently. If necessary, Geotechnical Projects Division, GEO,
can be requested to give advice on the type of instruments and techniques
most suitable for the measurement of soil and rock movements.
(d) Concrete casting records
A record should be kept of the location, date, time, grade, approximate

quantity, test cube reference numbers, and supplier (if more than one source)
of each concrete pour. Where a structure is cast in more than one operation,
the sequence of casting should also be recorded, preferably on a drawing of
the structure. This type of record will be particularly useful in the subsequent
identification of materials in a structure should it be necessary to investigate
the extent of non-complying materials.
(e) Bar bending schedules
These are required for all works with reinforced concrete construction.
Schedules should be prepared on the standard form shown at Appendix 7.13.
All bar bending schedules, whether prepared by the ER or the Contractor,

should be kept in the site office with the R.C. drawings. They should be
updated in the same manner as record drawings. It should be noted that GS
Clause 15.16 requires that bending schedules shall be prepared by the
Contractor and submitted to the Engineer before bending of reinforcement

starts.
(f) Tensioning record for prestressed concrete
This is an important record for works involving prestressed concrete

construction. A sample of a suitable form is shown at Appendix 7.14.
(g) Record of bituminous materials delivered to Site
When bituminous materials are used, a record should be kept of the

temperature of the material at various stages, the time lapse between
production and placing, and location of placing. The record will provide part
of the information for determining acceptability of the material and the
necessity for further investigation into the quality of materials already placed.
A sample of a suitable form is shown at Appendix 7.15.
(h) Drainage pipeline test records
A record should be kept of acceptance tests on drainage pipelines carried out

in accordance with the GS.
A sample of suitable form for recording results of air test, water test,
infiltration test on gravity pipelines is shown at Appendix 7.2. A sample of
form for recording water tests on gravity pipelines between 150mm and
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450mm diameter and for recording hydraulic test results on pressure pipelines
is shown at Appendix 7.16.
(i) Water pipeline test records
A record for pressure testing of water pipelines should be kept in accordance

with GS Clause 22.1.5 of Appendix 22.1.
Standard forms and standard pressure testing procedures stipulated in

Appendices 13 and 14 of the “Manual of Mainlaying Practice” should be
followed. For water pipelines to be handed over to WSD for maintenance,
charts for registering the test results from a continuous pressure recorder
should be presented as records after testing.
(j) Bearing and expansion joint records
When bearings and expansion joints are used in the Works, a clear record of
their performance should be kept using the form shown at Appendix 7.17.
(k) Record of materials on Site
A record of materials delivered to Site should be kept to enable the ER to

certify interim payment regarding the materials on Site. This record may be a
loose leaf file or a hard backed book with separate sections for each type of
material, listing the quantity delivered, date of delivery, (and time of delivery
when appropriate), together with such information as delivery tickets, truck
numbers and any other useful data. If the Contractor co-operates by making
copies of delivery tickets available, these should be retained on file but
summaries should still be produced as outlined above.
(l) Labour strength chart
The total number of the Contractor’s workforce on the Site is to be recorded

daily in a graphical form from the date of commencement until no appreciable
amount of work remains to be carried out.
(m) Tree survey record
The Contractor shall carry out an initial tree survey for existing trees, and Old
and Valuable Trees where applicable, and submit the survey record to the
Engineer within a specified duration at the commencement of the Works, in
accordance with the methods and requirements as stipulated in the Particular
Specification for "Preservation and Protection of Existing Trees Including Old
and Valuable Trees".
Other records, such as earthwork quantity record, marine work quantity record,
caisson record, soil compaction test record, soil nail record, safety report, accident record,
interim payment record, Works programme, progress report, expenditure chart, Contract
Price Fluctuation record, Nominated Sub-contractor record, and record on permits and
licences required in the Contract, are also commonly kept on site.
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5.19 CUSTODY AND DISPOSAL
When the final payment certificate for a Contract has been issued, the ER is to arrange
for all documents, files, records, programmes, measurement books and the like to be gathered
together and catalogued. The catalogue is to give the date when, subject to no outstanding
litigation or audit queries, the various documents can be destroyed. The following dates,
measured from the release of the retention money or the issue of the final payment certificate,
whichever is the later, may be used as a reference:
Signed contract documents 13 years
Site records, measurement books and the like:
• For contracts awarded to Group A or B Contractors - 7 years
• For contracts awarded to Group C Contractors- 13 years
The above retention times are not applicable to the contract documents which have
been scheduled for disposal. All the records and documents shall be properly stored. Where
boxes are used, labels shall be fixed to each box (not the lid) showing:
The Contract number and title;.
The number of the box;
The number of boxes used for the Contract; and
The documents enclosed together with the date for disposal.
Normally, the original signed contract documents shall be kept under safe custody in
the department for a period of time according to department’s internal procedures. After that
period, the department should arrange for the original signed contract documents to be
transferred to the Records Centre of the Records Management Office for storage. A registry
record shall be kept giving details of the Contract number and title, the scheduled date for
disposal of the original signed contract documents, and the locations of storage for ease of
future retrieval. Three months before the scheduled date for disposal of any contract
documents, the person responsible for arranging disposal shall notify the respective
Division/Branch Head to destroy the documents concerned. Upon receipt of confirmation
from the respective Division/Branch Head, the responsible person shall arrange with the
Government Records Service Director for the disposal of the original signed contract
documents.
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6. PROGRAMME, PROGRESS & EXPENDITURE
6.1 CONTRACTOR’S PROGRAMME AT COMMENCEMENT
GCC Clause 16 requires the Contractor to submit a programme of the Works at the
commencement of the Contract. The programme should show clearly the sequence, method
and timing of all major activities under the Contract, including allowance for carrying out
specialist work by other contractors to be employed by Government and work by utility
undertakers.
The programme should normally be in the form of a bar chart. For complex contracts
involving a large number of inter-related activities, the programme may need to be in the
form of a network diagram. Critical activities and the critical path should be identified on the
programme. For contracts with different completion dates for different Sections of the
Works, the critical path for each Section of the Works should be identified and shown on the
programme.
In addition to the programme to be submitted to the Engineer in accordance with GCC

Clause 16, the Contractor shall, in accordance with the GS, submit within a further 14 days a
programme showing a detailed breakdown of the work to be carried out in the first 3 months,
and an outline for the remainder of the work. A programme showing the work completed to
date, a detailed breakdown of the work to be carried out in the next 3 months and an updated
outline for the remainder of the work shall be submitted to the Engineer not later than 4
weeks before the commencement of each subsequent 3-monthly period. Programmes
submitted in accordance with this paragraph shall be in the form of a bar chart showing the
earliest and latest start and finish dates for each activity, and the critical path.
When a programme is submitted by the Contractor, it should be acknowledged, but

approval of the programme (or wording conveying approval) should not be given in the letter
of acknowledgement as this may be construed as relieving the Contractor of some of his
responsibilities or duties under the Contract. However, the programme should be analysed
and examined to determine:
(a) Whether details shown on the programme, in respect of sequence, method and
timing, conform with the requirements of the Contract,
(b) Whether the programme is over-optimistic in respect of any critical activity or

the Works as a whole, and
(c) Whether information provided in the programme is sufficient for the

management of the Contract, this being particularly important where activities
under the Contract will have major effects on other related contracts.
If the programme does not satisfy (a) above, the Contractor must be asked to re-
submit a programme that conforms with the requirements of the Contract.
If the programme does not satisfy (b) above, the Contractor should be asked to
explain in writing the basis of his programming, which should include information on the
methods of construction and resources he intends to employ on the critical activities. If the
Engineer is not convinced of the Contractor’s justification, he should inform the Contractor
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of his dissatisfaction with the programme submitted and request the Contractor to re-consider
and revise the programme. However the Engineer should not advise or instruct the
Contractor on how the programme should be revised.
6.2 PROGRAMME UPDATING AND REVISION
The Contractor should be required to revise the programme described in Clause 6.1
during the course of the Contract whenever:
(a) An extension of time for completion of the Works or any Section of the Works
has been granted by the Engineer;
(b) Progress is too slow to ensure completion by the due date and the Contractor
has been so informed;
(c) Progress on critical activities is falling behind the original programme or the
latest revised programme, particularly where the Contractor had been
informed that his programme was in the opinion of the Engineer over-
optimistic, or;
(d) The latest programme is rendered unsuitable by unanticipated events which

have occurred since preparation of the programme.
6.3 MONITORING AND REPORTING PROGRESS
A fair copy of the Contractor’s programme should be posted up in the site office and
actual progress marked on the programme to monitor progress of work.
If necessary, a monthly progress report should be made. The report should be tailor-
made according to the individual situation of the Contract. As a general guideline, the report
may include:
(a) Commencement date, original completion date, EOT granted, revised

completion date, time elapsed in days and in percentage of the contract period,
a realistic estimated completion date based on the actual progress made and
the expected time to complete outstanding works;
(b) Original contract sum, predicted final contract sum, estimated percentage of
work physically completed, amount and percentage of certified value of
works, expenditure to date, yearly forecast expenditure and a predicted/actual
cash flow chart;
(c) Dayworks, variations and drawings issued;
(d) Description of progress with a progress table and progress chart;
(e) Claim record;
(f) Safety matters and accident matters;

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(g) Record of significant meetings;
(h) Record of hand over of works; and
(i) Environmental issues.
6.4 ACTION IN CASE OF SLOW OR VARIABLE PROGRESS
As soon as it is apparent that the progress of the Works or any Section of the Works is
too slow or variable to ensure completion by the due date, the Engineer for the Contract
should inform the Contractor in writing of the unsatisfactory progress. The Contractor should
also be reminded of his obligation under the GCC to inform the Engineer of actions he will
take to expedite completion and to submit a revised programme. Care should be taken not to
give instructions that may be construed as an order to accelerate the work.
Close monitoring of the rate of progress should continue and further warning letters to
the Contractor should be issued if progress has not improved. The Contractor’s response and
performance subsequent to the issue of warning letters should be noted in the Quarterly
Report on Contractor’s Performance (see Section 15).
If slow progress continues despite repeated warnings from the Engineer, the situation
should be reported to the relevant Reporting Review Committee for further appropriate
actions, which will include management actions as stipulated in Para. 4.6 of the Contractor
Management Handbook. Reference should also be made to Appendix 4B (Part D) of the
Handbook for guidelines on assessing the progress of the Contractor.
For a joint venture of several contractors, regulating action will be applied to every
constituent party. The lead party’s managing department will co-ordinate and keeps the
managing departments of other constituent parties informed.
6.5 MONITORING AND ESTIMATING EXPENDITURE
The ER plays an important role in the financial control of the Contract at site level.
The project engineer (PE) controlling the project vote also plays an important role in the
review from time to time of the approved project estimate (APE) and expenditure in the light
of progress of the project. Particular attention should be paid to the financial control in
contract expenditure and the APE, where the performance of the Contractor is slow or
variable and/or where the contractor is in financial difficulties (e.g. where re-entry and/or
novation of contract are being considered.) Once the Contractor’s programme is known, it is
possible for the ER to produce a detailed curve of expected expenditure. As the Works
progress, he should compare actual against expected expenditure, making amendments as
required, and drawing the attention of the Engineer and the Employer to any significant
changes so that necessary adjustments to the annual expenditure allocation can be made. Any
major revision of the Contractor’s programme would require a new expenditure curve.
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When producing the curve of expected expenditure the following should be noted:
(a) The rate of expenditure may not be uniform.
(b) It may be possible to assess the rate of expenditure from the Contractor’s
programme thus allowing for any “front end loading” in the rates.
(c) The Contractor’s programme and the due date for completion may have to be
extended if the work continues through a wet season.
(d) The whole of the contract sum may not be expended and, for the purpose of
producing the expected rate of expenditure, the quantities in the Bills of
Quantities are to be taken as being correct without further checking. The
amount included as the contingency sum is to be shown separately.
It is necessary to recognise that this record will show the value of work done on the
date to which the interim statement refers as opposed to the date of actual payment by
Treasury. The payment by Treasury will be some time after the date of measurement
depending on the period of time taken to receive and process an interim statement, prepare a
draft certificate and to effect the payment.
When monitoring expenditure, the ER should give an early warning in liaison with the
PE controlling the project vote if it appears that the contract sum will be exceeded and, if so,
by how much, to enable action to be taken for the provision of funds. The estimation of the
Final Contract Sum can be affected by various circumstances, such as:
(a) Changes in Quantities
During construction, the ER should note any significant changes in quantities

that have been identified and should record the additional expenditure or
savings accruing as a result. This may be revealed by one or more of the
following:
(i) Measurement of completed work being sufficiently advanced to show

inaccuracies in original estimates;
(ii) Ground conditions becoming more adverse or more favourable than

expected; and
(iii) Errors or omissions in the Bills of Quantities becoming apparent.
(b) Contractual Claims
There are provisions in the GCC for the Contractor to claim additional
payment in various circumstances. Should such circumstances occur or
appear to be unavoidable, an estimate of the possible additional payment is to
be made.
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(c) Variation Orders
The effect of all issued and proposed variation orders including all the
consequential costs shall be assessed carefully using the best information
available. The contract sum and the approved project estimate should be
checked before ordering variation. Where the varied work is to be carried out
at new rates, estimation will be necessary if the new rates are yet to be agreed.
If the total effect of a variation order is small in the context of the contingency
sum then it is acceptable to ignore detailed calculations.
(d) Contract Price Fluctuations (CPF)
An estimate of the likely expenditure/saving due to any CPF can be made by

projecting the average rate of increase calculated to date. Should there be
insufficient data available to obtain an average rate of increase then the current
average factor of a similar contract may be used.
6.6 AUTHORITY TO INCREASE CONTRACT SUM
When any event occurs that will probably cause the original contract value to be
exceeded, then approval has to be given by officers designated in Item AI of Appendix V(B)
of the SPR. This shows a schedule of authorities and lists the officers who can authorise
increases in contract sums for payments in accordance with the terms of the contract subject
to the Approved Project Estimate (APE) not being exceeded. This authority is also
applicable to variations essential for the completion of the works as defined in the original
contract. Item AIII of Appendix V(B) of the SPR also stipulates that prior approval of the
appropriate authority is required for an increase in the contract sum for additional or extra
works outside the terms of the Contract (“outside works”, requiring supplementary
agreement) but within the approved scope of the project, subject to the APE not being
exceeded. According to SPR 520(f), departments should copy correspondence on approved
variations and any supplementary agreements consequentially signed to the Director of Audit.
In no circumstances may a contract sum be increased if such an increase would result

in the APE being exceeded, or if the works which necessitate such an increase are outside the
approved scope of the project, unless prior approval from the SFST has been obtained for an
increase in the project estimate, or for a change in the scope of the project, in accordance with
FC 23/82.
If the increase in contract sum will exceed the departmental cap of the project,
internal procedures as set out in FC 23/82 for securing approval for increase in additional
allocations in excess of the departmental cap should apply. However, there is no need for
submission to PWSC or Finance Committee if the APE is not exceeded. See SFST’s memo
ref. FIN CR1/6/581/87(02) Pt.65 dated 12 September 2002 for details.
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7. CONTRACT PAYMENTS
7.1 ARRANGEMENT FOR PAYMENTS TO CONTRACTOR
Payments to Contractors are normally made by direct bank credit unless specially
requested by Contractors for payment in cheque. After signing the Contract, the Accounts
Division/Section of the Works Department/Office shall request the Contractor to duly
complete GF 179A on “Authority for payment to a Bank” for receiving payment by direct
bank credit.
7.2 INTERIM PAYMENTS
7.2.1 General Principles
The Contractor is required to submit to the Engineer at the end of each monthly
period (the first of such monthly periods to commence on the date for commencement of the
Works) a statement showing:
(a) The estimated contract value of the work done in accordance with the Contract
up to the end of such monthly period with sums payable in respect of
Nominated Sub-contractors listed separately;
(b) A list of materials delivered to the Site for use in the permanent work and their
estimated contract value; and
(c) All further estimated sums, which the Contractor considers to be due to him
under the Contract.
The statement shall be prepared on a form supplied by and at the expense of the
Contractor, and the style and number of copies shall be as determined by the Engineer. The
Contractor shall complete the required number of copies of the statement and deliver them to
the Engineer for checking and, if necessary, correction in accordance with GCC Clause 79.
To facilitate checking and correction, the Contractor shall also submit an electronic copy of
his statement, in a format agreed by the Engineer. One corrected hard copy shall be returned
to the Contractor.
According to GCC Clause 79(1), the Engineer shall value and certify Contractors’
interim payment within 21 days of receiving Contractor’s statement, and the Government
shall effect payment to the Contractor within a further 21 days. Notwithstanding this
contractual provision, SETW (then S for W) gave directive in April 2000 and re-confirmed in
January 2001 to achieve a 90% administrative target to effect payment of Contractors’
interim accounts within 25 calendar days, for helping Contractors’ cash flow in the “Helping
Business Programme”.
The payment to the Contractor should be the sum, which in the opinion of the
Engineer is due, based on the rates in the Contract where appropriate, in respect of the
following:
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(a) The estimated value of the permanent work executed,
(b) The estimated value of any Temporary Works or preliminary items for which
a separate sum is provided in the Bills of Quantities,
(c) The estimated value of materials with proof of ownership from the Contractor
for inclusion in the permanent work and not being prematurely delivered to
and being properly stored on the Site,
(d) The estimated sums payable in respect of Nominated Sub-contractors, and
(e) Any other estimated sum, which the Contractor is entitled in accordance with
the Contract.
Provided that the total certified sum should be adjusted by the Engineer to take into
account the retention of the percentage stated in the Contract until the sum retained reaches
the limit of Retention Money and any adjustment to be made for fluctuations in the cost of
labour and materials.
The quantities ascertained and determined by the Engineer for valuing an interim
payment may be given in fractions of a unit.
The assessment of quantities for interim payments should be based on the Interim
Payment Abstract Sheets which record quantities abstracted from site measurements and
surveys on as-constructed drawings. The Interim Payment Abstract Sheet should be prepared
on a form as shown at Appendix 9.10 of Chapter 9 (Measurement Procedure). See Chapter 9,
Clause 3.3.2, for more details.
The method of assessing quantities may vary according to the nature of the work but
every effort should be made to ensure neat and clear records, which are agreed, by both the
ER and the Contractor.
Note: 1. When assessing quantities of earthworks by lorry loads or barge loads, check
surveys should be carried out every three months and the quantity per
lorry/barge load should be adjusted if necessary.
2. Any measurements or survey computations taken solely for interim payment

purposes should be filed but should be clearly marked INTERIM ONLY.
7.2.2 Procedure
In order to meet the administrative target of effecting Contractor’s payment within 25

calendar days as described in Clause 7.2.1, the following progress record sheet or similar
workflow procedure should be adopted by departments. However, the procedure as shown is
for illustrative purpose only and each department may have their internal procedure for
processing interim payment to suit departmental situation and the relevant departmental
instructions should be referred to.
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Interim Payment Certification - Progress Record
To Action Action Deadline 1 Date Signature
In Out
GR Account received and Progress D minus 16 WD 2

Record Sheet passed to ER
ER Account received and passed to D minus 15 WD

Inspector
Inspector Quantities checked and passed D minus 12 WD

to ER
ER Account checked and passed to D minus 10 WD

SSO(Q)
SSO(Q) Bill casting checked and passed D minus 6 WD

to Accounts Section
Accounts Interim Payment Certificate D minus 4 WD

Section and Payment Voucher prepared
and passed to ER & SE for
signature
ER Interim Payment Certificate D minus 3 WD

signed
SE Employer’s Statement for D minus 2 WD

Payment and Payment Voucher
signed and passed to Accounts
Section
Accounts Payment Voucher online D3

Section authorised in the ‘Web-enabled
Payment of Creditors System’
(WPOCS)
GR Accounts copied to Site Office -

and filed
Notes:
1. The exact calendar date of action deadline should be entered in the column, taking into
account any intervening public holidays. The required action deadlines are for guidance
only. Departments should work out their particular dates on its own merits.
2. WD = Working Days (including Saturday). The numbers of working days shown are
for a typical cycle and indicative only. Action period of certain activities may have to
be reduced due to extra public holidays in some circumstances e.g. Easter Holidays.
3. D = Deadline for WPOCS online authorisation which should be within 20 calendar days
on receipt of IP from the Contractor.
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Contractor’s accounts, including the electronic copy, must be submitted in their final
form with an accompanying dated letter, so that the date of receipt of the account is recorded.
The General Registry should stamp the account and prepare the Interim Payment Certificate
Progress Record Sheet with the action dates filled in the appropriate columns. These,
including the electronic copy, should then be passed in a loose jacket by hand to the ER. The
Contractor’s covering letter should be inserted into the main file and should be passed to the
appropriate Senior Engineer for information.
The ER should check and sign the account, making such alterations as he considers
necessary on the electronic copy and print out a hard copy of the corrected account. The ER
should at least retain a copy of the uncorrected account in electronic form. His check should
comprise checking the correctness of all quantities, that the work is being paid for under the
appropriate items, the extension of quantities and rates, and the summation of the amounts
shown against each item. He may request assistance from his Quantity Surveyors, Assistant
Engineers, Inspectors of Works, SSO(Q) and SO(Q) as appropriate, but should be responsible
for ensuring that all such checks have been carried out within the stipulated periods.
If, for any reason, the ER finds that the account is invalid or cannot be certified, he
should advise the Contractor accordingly in writing explaining the reasons and should return
the account.
The ER should pass the corrected account both in hard and electronic copies to the
Accounts Section, dating and signing the appropriate columns of the Interim Certificate
Progress Record. The corrected account should not be returned to the Contractor for re-
typing before passing to the Accounts Section.
The standard form at Appendix 7.19, which is based on Form EDD 27 or other
relevant forms used in each individual department, on Engineer’s Certificate shall be used. If
the Engineer has not delegated authority to certify interim payment under GCC Clause 79(1)
to the ER, the Certificate shall be signed by the Engineer.
The Employer’s statement for Payment should be signed by an officer appointed by

the Project Controller and such person should not be the Engineer nor the Engineer's
Representative. After the account is authorised online by the Accounts Section, the Treasury
will arrange for payment to the Contractor by direct bank credit and will also notify the
Contractor accordingly. The Treasury normally takes three working days (excluding
Saturday) to effect payment with an aim to achieve the administrative target of payment
within 25 calendar days of receipt of accounts from the Contractor. A copy of the Payment
Voucher and Engineer’s Certificate shall be sent simultaneously to the Contractor and
ETWB.
7.2.3 Minimum Amount
The minimum payment to be made in an interim certificate is given in the Appendix

to the Form of Tender. Minimum payments are specified to avoid the unproductive
administrative effort necessary to prepare an interim certificate and may give an incentive to
the Contractor to proceed with due diligence. It is recognised that in some circumstances a
low value of completed work may be the result of the type and timing of the work being
undertaken, extensive adverse weather or delays in making part of the Site available for work
to proceed etc, and, is not due to any failure by the Contractor to make diligent progress.
When there are circumstances of this nature, consideration should be given to exercising the
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discretionary powers under the Contract in favour of certifying payment for an amount less
than that shown in the Appendix to the Form of Tender. See also LWB TC 7/87.
Should the ER consider that there are grounds for issuing a certificate in a sum less
than the specified minimum amount then before any detailed checking is carried out these
grounds are to be stated in the payment file for consideration by the Engineer who will decide
if a certificate is to be issued or not.
7.2.4 Contract Price Fluctuation
The operation of Contract Price Fluctuation (CPF) procedure is contained in ETWB

TCW 21/2003. Index numbers for civil engineering contracts, entitled “Index Numbers of
the Costs of Labour and Materials used in Public Sector Construction Projects (April
2003=100)” compiled by the Census and Statistics Department shall be used for calculating
the CPF.
7.2.5 Deductions
In preparing the “Employer’s Statement for Payment” on the standard form at

Appendix 7.19, deductions shall be made in respect of the following, where appropriate:
(a) Previous payments - Since the Engineer’s Certificate is based on the total
and hence cumulative value to which the Contractor is
entitled (adjusted for Retention Money and price
fluctuations), deductions will have to be made on all
except the first certificate, in respect of previous
payments.
(b) Liquidated damages - refer to Clause 8.2.
(c) Value of materials supplied by the Employer.
(d) Other deductions - the contractual grounds for such deductions shall be
stated.
7.3 FINAL PAYMENTS
Basically, the guidelines as contained in Clause 7.2 on interim payments shall be

followed for final payments where appropriate. However, the following major differences
shall be noted:
(a) The Contractor shall submit the final account and supporting documentation
showing the value of work done with all further sums he considers to be due to
him not later than 90 days after the date of issue of the maintenance certificate.
(b) Under GCC Clause 79(6), within 90 days after receipt of the final account and
of all information reasonably required for its verification, the Engineer shall
issue a final payment certificate stating the sum which is finally due under the
Contract up to the date of the maintenance certificate with deductions of all
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sums previously paid by the Employer and the amounts to which the Employer
is entitled under the Contract.
(c) Any balance to be paid to or by the Contractor shall be made within 28 days of
the date of the certificate.
Having regard to the above differences, the ER should ensure that the necessary
checking has been carried out within 90 days after receipt of the final account and of all
information reasonably required for its verification.
As a good practice, the preparation of the final account should proceed throughout the
contract period and not be left until submission of the final account.
The Final Payment Certificate at Appendix 7.20 shall be used. The due date for
payment shall be entered as 28 days from the actual date of the Engineer’s Certificate.
If a balance is due from the Contractor, a demand note shall be sent stating 28 days
from the actual date of the Engineer’s Certificate as the due date.
Where the Contractor fails to submit a statement of the final account within 90 days
of the date of the maintenance certificate, the case should be reported to the Engineer who
will consider issuing a final account without reference to the Contractor under GCC Clause
79(7).
7.4 MISTAKES IN PAYMENTS
GCC Clause 79(5) allows the Engineer to delete, correct or modify any sum
previously certified by him by means of certificates.
Should it be discovered that there has been a mistake in the Final Payments, the
matter shall be reported to the Engineer who will give directions as to the appropriate action
to be taken.
Where difficulty is experienced in obtaining a refund of previous overpayments, or

where it is not possible to make a claim due to the statutory period of 12 years having elapsed
or for other reasons, legal advice and assistance should be sought and, if necessary, an
application for write-off or waiver made in the usual way. See FC 6/2000 for more guidance.
7.5 OVERDUE PAYMENTS
In the event of failure by Government to make payment to the Contractor in

compliance with GCC Clause 79, Government shall pay to the Contractor interest at one
percent below the judgement debt rate prescribed from time to time by the Rules of the High
Court (Chapter 4 of the Laws of Hong Kong).
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7.6 RE-ENTERED CONTRACTS
The format of certificates for final payment and certificates for re-entered contracts is
described in WB TC 36/93.
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8. EXTENSION OF TIME FOR COMPLETION

AND LIQUIDATED DAMAGES
8.1 EXTENSION OF TIME FOR COMPLETION
(a) An extension of time for completion in effect deprives Government of the

right to liquidated damages for delay in completion of the Works for the
period of the extension and therefore has a financial implication.
(b) GCC Clause 50(1)(a) expressly requires the Contractor to give notice in
writing to the Engineer of their claim for an extension of time for completion
within certain stipulated time limits, as follows:
(i) As soon as practicable but in any event within 28 days after the cause
of any delay to the progress of the Works or any Section has arisen, the
Contractor shall give notice to the Engineer of the cause and probable
extent of the delay.
(ii) As soon as the Contractor can reasonably foresee that any order or
instruction issued by the Engineer is likely to cause a delay to the
progress of the Works or any Section, the Contractor shall give notice
to the Engineer and specify the probable effect and extent of such
delay. Such notice shall not in any event be given later than 28 days
after the Engineer has issued the relevant order or instruction.
(c) If the Contractor has failed to comply with GCC Clause 50(1), the Engineer is
not bound under the Contract to consider whether the Contractor is fairly
entitled to an extension of time for completion. However, the Engineer is not
explicitly deprived of such power and the Engineer may consider the
Contractor’s claim for an extension of time for completion if it is not
unreasonable for him to do so. The Engineer should consider how the
Contractor’s non-compliance affected the rights of the Government, e.g.
would the Government consider curtailing the extent of VOs etc.
(d) In order to ensure that the Contractor knows as soon as possible whether or not
he is entitled to an extension and to enable him to plan his progress
accordingly, the Engineer should take action in accordance with the following
provisions in the Contract:
(i) Under GCC Clause 50(1)(b): if in the opinion of the Engineer, the
cause of the delay is any of those stipulated in this sub-clause, then the
Engineer shall within a reasonable time consider the Contractor’s
claim.
(ii) Under GCC Clause 50(2): if the Engineer considers that the Contractor
is fairly entitled to an extension of time for completion, the Engineer
shall within a reasonable time determine, grant and notify the
Contractor in writing accordingly.
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(e) The Engineer is also required under GCC Clause 50(2) to notify the
Contractor in writing if he decides that the Contractor is not entitled to an
extension in response to a claim made by the Contractor.
(f) It should be noted that the Contractor has no duty to submit full and detailed
particulars of the claim unless the Engineer has expressly required him to do
so. Again, the submission if required shall be made by the Contractor to the
Engineer as soon as practicable. If the Contractor fails to comply with a
request for such a submission, the Engineer shall consider such extension only
to the extent that he is able on the information available.
(g) When examining a claim for an extension of time, the two crucial questions
are whether the Contractor has in fact been held up by delay within the
provisions of GCC Clause 50, and whether he is “fairly” entitled to an
extension. It is thus necessary to take into account the facts on Site including
the state of readiness of the Contractor to act had the matter that is the subject
of the claim not arisen, and the effect on the critical path for the Works. For
this purpose, it may be reasonable to consider the critical path as being the
actual critical path at the time the matter took effect recognising that this may
or may not be the same as the critical path in the notified programme. In all
respects, the Engineer in determining an extension of time, is required under
GCC Clause 50(2) to take into account all the circumstances which are known
to him at that time, including the effect of any omission of work or substantial
decrease in the quantity of any item of work.
(h) It should also be noted that the Engineer, if so requested by the Contractor in
writing under GCC Clause 50(2), shall make a subsequent review of the
circumstances causing the delay and determine whether any further extension
of time for completion should be granted. However, the Engineer may not, at
such subsequent review, decrease any extension already granted to the
Contractor.
(i) For contracts that are managed by consultants, the provision of Clause 19(D)
of Appendix A to WB TC 13/92 should be noted concerning delays to the
progress of the contract works and assessment of grant of an extension of time
for completion. The same spirit also applies to in-house contracts.
(j) An extension of time for completion may be granted in units of half a day.
8.1.2 Reasons for Extension
(a) The main causes of delay, which may justify an extension of time, are given in
GCC Clause 50(1)(b)(i) to (xi), and (ixa) if included in accordance with
ETWB TCW 17/2004. WB TC 8/92 and WB TC 10/93 (or LWB TC 27/85 as
appropriate) have to be referred to when examining a claim for an extension of
time in relation to inclement weather. Where the provision for extension of
time due to inclement weather is deleted in the Contract according to WB TC
26/98, it should be noted that the Contractor’s entitlement to extension of time
in respect of inclement weather which occurs after the expiry of the
completion time originally prescribed in the Contract, but before the period of
culpable delay, is not deleted.
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(b) The Contractor shall not be entitled to an extension of time for completion if
the cause of the delay is any of the causes which are stipulated in GCC Clause
50(1)(c) (i) or (ii).
8.1.3 Procedure
Extensions of time should be notified to the Contractor in the form of a letter,

generally as shown in LWB TC 14/85. If there are any Sections identified in the Contract
then the situation with regard to these Sections is to be stated, notwithstanding that they may
be unaffected by the extension. In some cases, it may be only a Section that is affected and
the whole of the Works may remain unaffected.
8.2 LIQUIDATED DAMAGES
8.2.1 Authority
Under GCC Clause 52, if the Contractor fails to complete the Works or any Section
(where the Works are divided into Sections) within the time of completion or any extension
thereof, then the Contractor shall pay liquidated damages to the Employer or the Employer
may deduct liquidated damages from money due to the Contractor. It should be noted that
the contractual authority to deduct liquidated damages is the officer nominated as the
Employer on behalf of the Government.
(a) When the date for completion of an identified Section or the Works becomes
due and the certificate of completion in respect of the Section or the Works is
not to be issued in accordance with GCC Clause 53, the Engineer shall review
the situation and make recommendations to the officer nominated as the
Employer prior to the imposition of any liquidated damages. The review is to
show the current due date for completion with notes and an assessment of any
claims for extensions of time received or expected, together with an indication
of the monies payable or likely to become payable to the Contractor.
Retention Money and projected payments for price fluctuations, if any, are to
be shown separately. If there appears to be good reason to suppose that the
deduction of liquidated damages may produce such financial hardship that it
might prevent the Contractor from completing the Works or any Section
(where the Works are divided into Sections), this shall be specifically
indicated in the recommendation.
(b) If there appears to be reasonable grounds for an extension of time that might
put back the due date for completion beyond the actual completion date, then
deductions should not be made until the extension has been fully evaluated
and the certificate of completion issued. Should there be an extension of time
under consideration but preliminary assessments show that there are
insufficient grounds to grant such an extension that would come near or go
beyond the anticipated or actual completion date, then deductions after the
most optimistic estimate of the extended date may be appropriate.
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(c) GCC Clause 52 on liquidated damages also provides for the reduction of
liquidated damages should any part of the Works or any part of the Sections be
certified as being complete before the completion of the Works or the
Sections.
(d) The period for which liquidated damages shall be calculated shall be the
number of days from the prescribed date for completion or any extension
thereof of the Works or the relevant Section until and including the certified
date of completion (apart from the interim deductions in sub-clause (b)).
(e) If upon a subsequent review of the circumstances causing delay, the Engineer
has granted an extension of time, any sum in respect of such period, which
may have been paid by or deducted from the Contractor, must be reimbursed
to him together with interest at one percent below the judgement debt rate in
accordance with GCC Clause 79(4).
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9. SITE MEETINGS
9.1 OBJECTIVE
The main objectives of site meetings with the Contractor are to review works progress
and programme, to discuss problems encountered with regard to the execution of the Works
and to propose remedies.
9.2 FREQUENCY
Site meetings should normally be called and chaired by the ER once a month or at
more frequent intervals if necessary. The meetings shall be attended by the inspectorate staff,
the Contractor’s site agent and his representatives. When required, the Employer, the
Engineer and the Contractor’s senior personnel may attend meetings to address particular
issues such as adverse progress or serious site problems. For certain contracts, such as
operation and maintenance term contracts, site meetings may be at intervals greater than one
month.
9.3 TYPICAL TOPICS
Typical topics discussed should include works progress and programme, site
supervision, site resources including labour and plant, workmanship, materials, testing and
site safety.
9.4 RECORDS
Matters discussed at site meetings shall be recorded in the minutes. The number of
the meeting, date, time, venue and whoever attends should be stated. The minutes of
meetings should be sent to the Contractor for his confirmation and retention. Copies of the
same should be separately sent to the site agent, site office and other relevant officers for
information and necessary action.
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10. LIAISON WITH OTHERS
10.1 LIAISON WITH UTILITY COMPANIES, GOVERNMENT DEPARTMENTS

AND OTHERS
Close liaison between the Contractor and others is very important. The Contractor
should make all the necessary arrangements with and obtain all necessary approvals/
agreements from Government departments, utility undertakers and other duly constituted
authorities for carrying out the Works, including those required for traffic arrangement and
control.
For excavation in existing public roads maintained by the Highways Department, the
Project Office should apply for the necessary Excavation Permit or Works Permit from the
Regional Offices or the Tsing Ma Control Area Division of Highways Department as
appropriate. Detailed procedures for the application of Excavation Permits from the
Highways Department can be found in the Excavation Permit (XP) Processing Manual,
which is available at the web site: http://www.hyd.gov.hk. For excavation in unleased
Government lands other than streets maintained by the Highways Department, permission in
the form of Simplified Temporary Land Allocation (STLA) should be obtained from the
Lands Department by the Project Office. Where STLA is not applicable and such excavation
is not within the category of exemption under Section 10B of the Land (Miscellaneous
Provisions) Ordinance, the Contractor shall apply to the Lands Department for an Excavation
Permit and shall be the Permittee.
The Contractor should maintain close liaison with all the necessary authorities
throughout the Contract and in this respect Section 1 of the GS gives guidelines, and also
details of traffic arrangements and control, works in roads and adjacent to utilities. Also,
Chapter 3 gives further information concerning the appropriate Ordinances to follow and
approvals to obtain.
10.2 FACILITIES FOR THE BLIND
For capital works projects affecting existing pedestrian way, the Project Office shall
inform the Sub-committee on Access under the Rehabilitation Advisory Committee (SCA)
the site telephone numbers through which people with disabilities could contact site
personnel for assistance when necessary. The address of SCA is 20/F, Murray Building,
Garden Road, Central, Hong Kong. The SCA is the principal advisory body to the Secretary
for Health, Welfare and Food on the development and implementation of rehabilitation
policies.
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11. SITE SAFETY
11.1 RESPONSIBILITY
It is the Contractor’s responsibility to ensure the safety of all persons on Site and the
general public during execution of the Works. Government site supervisory staff should
encourage the Contractor and his workers to use safe methods of working and remind them of
the provisions of the Construction Sites (Safety) Regulations and other relevant regulations,
but they should avoid giving specific advice or instructions on working methods which could
construe the site staff having assumed the Contractor’s responsibility. Any breach of the
regulations or safe working practices observed on Site should be brought to the attention of
the Contractor and recorded in the site diary. Where it is considered that the outcome of any
unsafe working practice could result in injury or be detrimental to the permanent works, the
matter should be reported to the Engineer, who should then consider whether to exercise his
power to suspend the progress of the Works and/or to notify the Labour Department (LD)
and/or Marine Department (MD) as appropriate.
11.2 CONTRACTOR’S SAFETY ORGANISATION
The Contractor shall submit to the ER at monthly intervals an updated safety

organisation chart. The ER shall ensure that the Contractor shall establish a Site Safety and
Environmental Committee (SSEC). The statutory requirements are listed in the Factories and
Industrial Undertakings (Safety Management) Regulation, which vary according to the
contract sum and the number of employees on Site. Under the Factories and Industrial
(Safety Officers and Safety Supervisors) Regulations, the Contractor has to employ a full-
time Safety Officer and Safety Supervisor on Site when the number of workers reaches 100
and 20 respectively. The contractual requirements require the Contractor to employ part-time
or full-time Safety Officer(s), Safety Supervisor(s) and Safety Representative(s) according to
the number of workers on Site.
11.3 MONITORING AND LIAISON WITH LABOUR DEPARTMENT AND

MARINE DEPARTMENT
To ensure closer co-operation between the site staff and LD/MD and to improve
efficiency in monitoring site safety matters, the following procedures shall be followed.
However, works department may adjust the procedures to suit their own modes of operation.
(a) At the commencement of the Contract, the Engineer shall inform the relevant
Divisional Occupational Safety Officer (DOSO) of LD of the location and the
nature of the works, the name and the telephone number of the ER responsible
for supervising the Contract, the name of the Contractor, the contract sum, the
commencement date and the estimated completion date of the Contract. For
contracts which may involve any use of vessel and/or barge, the Senior
Shipping Safety Officer (SSSO) of MD shall similarly be informed. The
Engineer shall inform DOSO or SSSO immediately whenever there is any
change of information.
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(b) The ER shall closely liaise with LD/MD throughout the whole construction
period regarding the construction site safety matters. The ER shall invite
LD/MD to attend the first Site Safety and Environmental Management
Committee (SSEMC) meeting, and subsequent SSEMC meetings and other
ad-hoc safety meetings where appropriate.
(c) When the site staff have identified that an unsafe situation or believed that the
Contractor or his workers are using unsafe working methods, the matter shall
be drawn to the attention of the Contractor’s Site Agent or Safety Officer as
soon as possible. The matter should then be duly recorded in the site diary
which must be countersigned by the Contractor’s Site Agent. If the unsafe
situation or the unsafe working methods still persist after repeated
notifications by the site staff, they shall be reported by the most senior site
staff to the relevant DOSO for their immediate action. Where the unsafe
situation is considered as one with a definite risk to life, the Engineer may in
parallel instruct the Contractor to suspend relevant portions of the Works. For
similar cases involving persistent unsafe situations or unsafe working methods
on a floating barge/vessel, the matter shall be reported by the most senior site
staff to the SSSO in the Marine Industrial Safety Section of MD for their
immediate action. See WB TC 13/98 for contact points of the relevant DOSO
and SSSO.
(d) When an Occupational Safety Officer (OSO), or a Shipping Safety Officer

(SSO) visits the Site, the site staff shall brief the OSO or SSO the condition on
the Site, accompany them during inspection, and ask them to sign on the site
diary upon completion of the inspection. The ER shall ask the Contractor to
follow up the items in the Construction Site Inspection Report issued by the
Commissioner for Labour.
(e) Where it is necessary for the Commissioner for Labour or the Director of
Marine to issue statutory notices, viz. Improvement Notice, Suspension
Notice, Marine Direction or Warning Letter, to the Contractor, the notices
shall be copied to the concerned Departmental Safety and Environmental
Adviser (DSEA) and the site staff. Upon the receipt of such reports and
notices, the DSEA shall then copy them to the appropriate Project Office and
other parties as he sees fit. The issue of any statutory notices shall be noted on
the Report on Contractor’s Performance.
11.4 CHECKING AND AUDITING OF TEMPORARY WORKS
Unless specifically provided in the Contract to the contrary, the Contractor is

responsible for the design and stability of all temporary works. Attention is also drawn to
WB TC 3/97 concerning the independent checking of the design, erection, use and removal of
temporary works. The ER is required to examine the Contractor’s design details concerning
the design, erection, use and removal of the temporary works and shall satisfy himself that it
contains no obvious deficiency. In particular, the ER is to carry out all necessary checks to
ensure that the proposed methods do not have a detrimental effect on the permanent works,
and if necessary in consultation with the project engineer. For temporary works which will
be extremely complex or innovative, or the case where potential consequence of any failure is
likely to be severe, the requirement of independent checking of temporary works should be
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considered. Where the requirements for checking, testing or inspecting temporary works
have been given in the Contract then these requirements are to be implemented and
monitored accordingly. In the majority of cases, no such specific requirements will be stated,
and the ER should make all checks as appear to be reasonable as to the adequacy of the
design and implementation, pointing out any errors or areas of uncertainty that become
apparent. In some circumstances, a trial run or test load may be a practical way to prove
suitability. The responsibility for the temporary works remains with the Contractor but no
work should commence until the ER has issued his consent in writing upon making such
verification. The ER should also satisfy himself that the Independent Checking Engineer has
carried out his duties with reasonable skill and care in certifying that the temporary works
have been properly and safely designed. See also WB TC 3/97.
In respect to temporary works, the following publications may generally be of use:
(a) Technical Report TRSC 4, issued by the Concrete Society and the Institution
of Structural Engineers, provides useful guidance where temporary works are
classified as falsework;
(b) BS 5975:1996 (Code of Practice for Falsework); and
(c) Appendix B in the Structures Design Manual for Highways and Railways for
the design of protective measures for Temporary Works.
Temporary geotechnical works should be designed and constructed in a safe manner.

Proper supervision by technically and professionally qualified personnel is essential,
particularly when public safety may be affected. Guidance on the requirements for
geotechnical supervision is given in Appendix 7.47.
For projects involving tunnel works, the Project Office shall submit to the GEO for
audit the geotechnical design documentation for all tunnel works, including associated
temporary works, where such works could pose a significant risk to public life or property.
Details of the information to be included in the geotechnical design submission are given in
Appendix A of ETWB TCW 15/2005.
11.5 REPORTING OF SITE INCIDENTS AND ACCIDENTS
All accidents causing personal injury, affecting the Works or adjacent property, and
incidents on or adjacent to the Site are to be recorded in the site diary. An accident is
classified as a notifiable accident if:
(a) it has led to fatality, or
(b) the victim is in critical condition, or
(c) the media have arrived on site or have telephoned to ask information
concerning the accident, or
(d) it will arouse public interest/concern in view of the damage/inconvenience that

has been caused or its potential harm to workers and/or the public, or
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(e) it has created a drawn-out situation which may lead to fatality or multiple
injuries.
Then, where practicable, the situation should be extensively photographed. The ER shall
follow the procedures laid down in Sections 9.1.2, 9.1.3 and Appendix C9-AX of the
Construction Site Safety Manual. For other reportable accidents, the procedures in Appendix
C9-AIV should be followed.
The ER should ensure that all evidence and facts are recorded. This must be done as
soon after the occurrence of the event as practically possible. When ascertaining and
recording the evidence and facts it is necessary to ensure that nothing is said or done which
will:
(a) Suggest that the Contractor has been relieved of any responsibilities or
liabilities,
(b) Interfere with the relationship between the Contractor and any insurance
company, or
(c) Admit any liability on behalf of Government or Government employees.
On the occurrence of accidents or incidents on Site, the ER shall ensure that the
Contractor report to Labour Department or Marine Department using the appropriate
statutory forms as required under the Factories and Industrial Undertakings Regulations,
Occupational Safety and Health Ordinance or Shipping and Port Control Ordinance.
Dangerous Occurrences shall be reported under Occupational Safety and Health Ordinance
Section 13 or Factories and Industrial Undertakings Regulations Section 18. Should a
Contractor’s (including sub-contractors’) employee be injured, the Contractor shall, without
delay, notify the Commissioner of Labour in such form and manner as required by the
Employees’ Compensation Ordinance (Chapter 282). The matter should also be reported to
the Engineer in the form prescribed in the Contract in accordance with GCC Clause 27 for
Works Contracts or GCC Clause 29 for Term Contracts. For further details of contractor’s
responsibility to report accidents, reference should be made to Section 9.1. of the
Construction Site Safety Manual.
Should any accident or claim be either unclear as to responsibility or give rise to or be

likely to give rise to legal proceeding by the Contractor or others against Government, then
Secretary for Justice are to be advised accordingly.
The “PWP Construction Site Safety & Environmental Statistics” (PCSES) system is a
database maintained by ETWB, among others, for compiling and analyzing accident statistics
of public works contracts. The accident statistics covered in the PCSES system include
dangerous occurrences and reportable accidents resulting in death, serious bodily injury and
injury with incapacity for more than 3 days. The ER shall collect information according to
the procedures and using standard forms as stipulated in Appendices C9-AIV to C9-VII of
the Construction Site Safety Manual, for public works contracts including term contracts
under his control and send to the Departmental Safety Advisory Unit for entry into the
PCSES system.
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11.6 SPECIAL PRECAUTIONS WITHIN RAILWAY RESERVES
To promulgate the safety precautions to be taken by the site staff who are required to
work in the vicinity of railway tracks, the ER shall:
(a) Liaise with KCRC and refer to the guidelines stipulated in ETWB TCW
2/2005 for works within or adjacent to the Kowloon-Canton Railway (Hong
Kong) Section, Tsim Sha Tsui Extension and Ma On Shan Rail;
(b) Liaise with KCRC as set out in ETWB TCW 33/2003 for works to be carried
out within the Railway Protection Area of the West Rail;
(c) Liaise with the Light Rail Director of KCRC for works affecting the LRT; or
(d) Liaise with MTRCL and refer to the guidelines stipulated in WB TC 19/2002
for works affecting the MTR protection boundary.
The requirements laid down in Chapter 3 should also be noted.
11.7 REGULATING ACTIONS ON CONTRACTORS CONVICTED OF SITE

SAFETY OFFENCES OR INCURRING SERIOUS INCIDENTS ON SITE
Regulating actions will be taken against contractors who have been convicted of site
safety offences or who have incurred serious incidents on sites including any other sites not
under the control of the works group of departments. This applies to all listed contractors and
sub-contractors that are either nominated Sub-contractors or specialist Sub-contractors
employed under domestic sub-contracts.
Contractors incurring a serious incident on site or who have been convicted of a total
of five or more offences in a rolling six-month period based on the dates of offences for site
safety offences under the Factories and Industrial Undertakings Ordinance, Cap. 59, the
Occupational Safety and Health Ordinance, Cap. 509 and Shipping and Port Control
Ordinance Cap. 313, in respect of separate incidents on the same contract, will be required to
make a written representation. A Panel of Enquiry chaired by DS(W2) of ETWB will make
recommendations on regulating action after considering the written representation and
hearing the case from the contractors. SETW will then decide on the regulating action to be
taken which may include issue of warning letter, independent safety audit, requesting for
improvement proposal, voluntary suspension from tendering, mandatory suspension from
tendering or removal from the Approved List.
For the purpose of regulating actions, a serious incident means an incident involving
either one or a combination of the followings:
(i) Loss of life at a construction site;
(ii) Serious bodily injury at a construction site:

- resulting in a loss or an amputation of a limb; or
- which has caused or is likely to cause permanent total disablement to
the injured;
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(iii) dangerous occurrence or incident leading to or resulting in an injury that are

considered serious (but not up to the extent as described in sub-paragraph (ii)
above), or damage to works or property on or adjacent to the construction site
as identified/notified by ETWB, Labour Department (LD) or Marine
Department (MD).
Further details are given in ETWB TCWs 2/2003, 2/2003A, 2/2003B & 2/2003C.
11.8 DEPARTMENTAL SAFETY AND ENVIRONMENTAL ADVISER
In each Works Department, a Safety and Environmental Adviser is appointed at

senior professional level to head a Safety and Environmental Advisory Unit. The roles and
duties of the Safety and Environmental Adviser are set out in ETWB TCW 14/2003.
The Safety and Environmental Adviser shall submit monthly and quarterly reports to
CAS(W)5 of ETWB with a copy to the respective Head, Deputy Head or Assistant Head of
the department. Such reports shall include the relevant statistics and analyses on the health,
safety and environmental performance of contractors for contracts undertaken by the
department during the reporting period.
11.9 CONSTRUCTION SITE SAFETY MANUAL
A copy of the Public Works Programme Construction Site Safety Manual, issued by
ETWB, is to be kept in the ER’s Office. The Manual gives guidelines in policy, legislation,
contractual provisions and site safety set-up and actions during construction. It also contains
guidelines of a comprehensive safety plan, which help the Contractor to ensure the provision
of a safe and healthy working environment for all personnel in public works construction
sites and others who may be affected by the works. It is imperative that every professional
and supervisory staff are familiar with and adhere to the contents of the Manual, particularly
those involved in the administration and supervision of public works contracts.
The Manual will be reviewed in light of experience and revisions will be issued from
time to time. It has been completely revised in two parts via WB TCs 14/98 and 21/99. The
second updating of Chapters 3 and 12 was subsequently made under WB TC 30/2000.
11.10 PAY FOR SAFETY AND ENVIRONMENT SCHEME
The “Pay for Safety and Environment Scheme” (PFSES) includes pre-priced safety
and environmental items in the BQ or Schedule of Rates. These items would be certified and
paid to the Contractor, provided that the specified activities are satisfactorily performed
whilst failure to perform would result in no payment for the relevant items. As a general
guide, capital works contracts including E&M and Design and Build contracts, for which
tenders are invited on or after 1 July 2003, having an estimated contract sum of $20M and
above with duration longer than 12 months shall be included under the PFSES. Following
the issue of ETWB TCW 19/2005, the Scheme has been extended to cover works contracts
with duration longer than 6 months and term contracts having a total estimated expenditure of
$50M and above, for which tenders are invited on or after 16 January 2006. See WBTCs
14/98 & 30/2000 and ETWB TCWs 30/2002, 15/2003 & 19/2005 for details of the PFSES.
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11.11 SCORE CARD FOR ASSESSMENT OF SITE SAFETY PERFORMANCE
The Score Card system for assessing contractors’ site safety performance applies to
all works and term contracts except for minor contracts for supply of materials/equipment or
laboratory testing etc. It provides a quantitative approach to assess the safety aspects of
performance of contractors, which will be reflected in the Report on Contractors’
Performance. A checklist for marking the sub-items of the Score Card has been compiled by
ETWB for most of the construction activities under normal situations. The ER may consider
incorporating the checklist items into the weekly safety walk checklists for use by his/her site
staff so that a more consistent and objective assessment can be made on the contractor’s
safety performance during the reporting period.
Any items of major weaknesses identified in the Score Card shall be promptly
communicated in writing by the Engineer or the ER to the Contractor who shall be requested
to take prompt and appropriate action to rectify the situation. The major weaknesses
identified and follow up actions required shall be discussed in the following Site Safety
Management Committee meetings or progress meeting where appropriate, until satisfactory
completion of the remedial actions.
WB TC 26/2000 stipulates the detailed administration of the Score Card System.
11.12 SITE SAFETY CYCLE
The Site Safety Cycle (SSC) aims to enhance the communication between site
management and working levels on safety and health matters, promote workers’ safety
awareness and improve housekeeping and site tidiness. All these contribute towards the
improvements of safety performance and prevention of accidents on construction sites. The
second stage of SSC was promulgated via ETWB TCW 30/2002, which applies to all capital
works contracts including Design, and Build contracts that are included in the PFSS or
PFSES, and tenders of which are invited on or after 15 August 2002.
Basically, the activities of SSC are classified into three categories, namely Daily
Cycle, Weekly Cycle and Monthly Cycle. Each of these cycles comprise activities as
follows:
(a) Daily Cycle

(i) Pre-work Exercise and Safety meeting;
(ii) Hazard Identification Activity meeting;
(iii) Pre-work Safety Checks;
(iv) Safety inspection by Site Agent or his/her representatives;
(v) Guidance and supervision during work;
(vi) Safety co-ordination meeting;
(vii) Daily cleaning and tidying up of the Site; and
(viii) Checking of the Site after each day’s work.
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(b) Weekly Cycle

(i) Weekly Safety Walk by Site Agent and Safety Officer in company
with the ER;
(ii) Weekly co-ordination meeting with Site Agent and the ER; and
(iii) Weekly overall cleaning and tidying up of the Site.
(c) Monthly Cycle

(i) Site Safety and Environmental Management Committee meeting
(including pre-meeting inspection); and
(ii) Site Safety and Environmental Committee meeting.
Reference should be made to ETWB TCW 30/2002 for the administration and
payment details of the SSC. The ER shall closely monitor the Contractor’s performance on
practising SSC on the Site. Any irregularity observed for the Pre-work Activities shall be put
up to the Contractor for improvement in the weekly co-ordination meetings and/or Site Safety
and Environmental Management Committee meetings as appropriate. The Contractor shall be
warned if his performance on practising SSC is not satisfactory resulting in non-payment for
“arrange and hold Pre-work Activities” for more than two consecutive weeks. If the non-
payment continues, this should be duly reflected in the Contractor’s quarterly performance
report.
11.13 SAFETY TRAINING
Works departments should ensure that adequate site safety training is provided to
departmental staff, particularly those working on construction sites and those responsible for
the administration and/or supervision of contracts on sites and resident site staff employed by
consultants on public works projects in accordance with the basic principles set out in
Chapter 5 of the Construction Site Safety Manual.
Contractual provisions on safety training for resident site staff employed by

consultants shall be incorporated in consultancy agreements. Reference should be made to
WB TC 12/2001 for the details of implementation.
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12. ENVIRONMENTAL PROTECTION
12.1 NOISE CONTROL
12.1.1 Working Within Restricted Hours
The Noise Control Ordinance (Cap. 400) provides for controls to restrict and reduce
the nuisance caused by environmental noise. Of particular relevance to construction sites are
the restrictions on:
(a) Noise from certain construction activities, and
(b) Noise from certain individual items of plant.
The Ordinance enables regulations and technical memoranda to be made which

introduce detailed control criteria, measurement procedures and other technical matters.
In general, construction work using powered mechanical equipment between the

hours of 7 p.m. and 7 a.m., or at any time on a general holiday, is prohibited under the
Ordinance unless a valid Construction Noise Permit (CNP) is in force. On the other hand,
carrying out percussive piling between the hours of 7 p.m. and 7 a.m., or at any time on a
general holiday, is definitely prohibited. See Clause 6.2 of Chapter 3 for more details of the
Noise Control Ordinance. Reference should be made to technical memoranda issued from
time to time pursuant to Section 9 of the Noise Control Ordinance.
12.1.2 Processing of Construction Noise Permit (CNP)
Applications for such permits are to be made by the Contractor on the prescribed
forms to the Director of Environmental Protection. Note that percussive piling is subject to
special conditions and may only be carried out in accordance with a CNP. For details with
regard to the issue of CNP for a specific site, reference should be made to the relevant
technical memoranda and the associated amendments issued by EPD.
When work is to be carried out during the restricted hours in an emergency, the
Contractor should notify the officer-in-charge of the nearest police station before work
commences, or as soon thereafter as is practicable. EPD should be notified the next day of
the incident either by facsimile or a letter signed by the Chief Engineer.
12.1.3 Monitoring Noise Control Measures
The issue of CNP may include conditions such as details of the special noise control
measures to be employed, acoustic performance specifications for such measures, or for
particular quiet items of powered mechanical equipment/quiet percussive piling methods to
be used, maximum noise levels at the nearest sensitive receiver or other position, or other
conditions as imposed by EPD.
To ensure satisfactory control of construction noise, regular surveillance on noises

emitted from the Site is encouraged. The site supervisory staff shall ensure that the
conditions specified in the CNP are followed. In cases where a maximum noise level has
been specified as a condition of a CNP, any measurements which are taken to determine if
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this condition is being complied with should follow the procedure and guidelines as given in
the relevant technical memoranda issued by EPD.
12.1.4 Sanctions Against Offences
Should the Contractor carry out his construction work using powered mechanical
equipment within restricted hours without a valid CNP or fail to comply with any conditions
of a permit, the case shall be reported to EPD who will carry out necessary prosecutions
against the same.
12.2 PREVENTION OF WATER POLLUTION
12.2.1 Water Pollution Control Ordinance (Cap. 358)
The Water Pollution Control Ordinance provides the main control of water pollution
in Hong Kong. The Contractor shall carry out work in such a manner, as far as is reasonable
and practicable, to prevent water pollution. He shall comply with the requirements of the GS
and in particular Clauses 1.22, 1.23 and 1.34.
12.2.2 Dumping at Sea Ordinance (Cap. 466)
The Dumping at Sea Ordinance controls the dumping or incineration of substances

and articles at sea so as to prevent damage to the marine environment. It is an offence under
the Ordinance to dump or incinerate substances or articles at sea without a valid permit or to
do so not in accordance with the terms and conditions set out in the permit.
Projects or portions of projects, which involve the marine disposal of

dredged/excavated sediment, shall be governed by the Ordinance. The Contractor shall make
a formal application to the Director of Environmental Protection (DEP) for a dumping permit.
The permit is valid for specific periods of time, for specific quantities and types of material
carried by specific vessels, for a specific/designated place of disposal, and are subject to
certain conditions. It is the responsibility of the Contractor to ensure that the permit
conditions are met to DEP’s satisfaction. Failure to comply with permit conditions will
render the permit holder and/or responsible parties liable to legal action, and for repeated
offences to refusal of future permits. Reference should be made to ETWB TCW 34/2002 for
details.
12.3 PREVENTION OF AIR POLLUTION
The Air Pollution Control Ordinance (Cap. 311) is the principal ordinance for the
management of air quality. The Air Pollution Control (Construction Dust) Regulation came
into operation on 16.6.97. The Regulation gives definitions and sets out control standards that
must be met when construction works are carried out to prevent and to minimise dust
emissions from the works.
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12.3.1 Classification of Works
Under the Regulation, construction works are classified into the following categories:
(a) “Emergency work” which means
(i) Work that is required under emergency situations where human life or
building safety is immediately threatened or is being threatened; or
(ii) Repair work that is immediately required as a result of failure of utility

services, road collapse or road blockade due to natural uncontrollable
forces or accidents.
(b) “Excluded work” which means
(i) Renovation, maintenance and alteration work carried out entirely

within the external walls and under the roof of a building;
(ii) Work carried out exclusively for asbestos investigation, abatement and
removal;
(iii) Any specified process;
(iv) work carried out entirely within a tunnel (except work carried out in
any part of the tunnel that is within 100 m of any exit to the open air);
(v) work carried out entirely under water;
(vi) Repair work (including cleansing and inspection) to an underground

sewer, drain, culvert or other pipeline that is carried out entirely within
the confines of such sewer, drain, culvert or pipeline;
(vii) Paint brushing and patch repairs carried out on the outer surface of the
external wall or the upper surface of the roof of a building;
(viii) Work carried out in a quarry including any associated rehabilitation of

the excavated surface; or
(ix) Farming or archaeological activities.
(c) “Notifiable work” which means
(i) Site formation;
(ii) Reclamation;
(iii) Demolition of a building;
(iv) Work carried out in any part of a tunnel that is within 100 m of any
exit to the open air;
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(v) Construction of the foundation of a building;
(vi) Construction of the superstructure of a building; or
(vii) Road construction work,
but does not include any emergency work, excluded work or regulatory work.
(d) “Regulatory work” which means
(i) Renovation carried out on the outer surface of the external wall or the
upper surface of the roof of a building;
(ii) Road opening or resurfacing work;
(iii) Slope stabilisation work; or
(iv) Any work involving any of the following activities:

(1) Stockpiling of dusty materials;
(2) Loading, unloading or transfer of dusty materials;
(3) Transfer of dusty materials using a belt conveyor system;
(4) Use of vehicles;
(5) Pneumatic or power-driven drilling, cutting and polishing;
(6) Debris handling;
(7) Excavation or earth moving;
(8) Concrete production;
(9) Site clearance; or
(10) Blasting,
but does not include any emergency work, excluded work or notifiable work.
12.3.2 Notification
The Contractor responsible for the construction site shall give notice to EPD before
the proposed notifiable work commences to be carried out and shall be in the prescribed form
and include the specified particulars.
Where any change relating to any of the particulars given in an earlier notice is
proposed, the Contractor shall give notice to the EPD of the proposed change before the
proposed change shall take effect.
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12.3.3 Control of Works
The Contractor responsible for a construction site where notifiable or/and regulatory
works are being carried out shall ensure that the works are carried out in accordance with the
Schedules of Dust Control Requirements stated in the Regulation.
Where an excluded work is being carried out the Contractor shall ensure that any
dusty materials, which are stored outside the site, are stored and handled in accordance with
any relevant provisions of the Schedules of Dust Control Requirements stated in the
Regulation.
Any person who contravenes commits an offence and is liable to a fine under the
Regulation.
12.4 ENVIRONMENTAL PERMIT
The Environmental Impact Assessment Ordinance (Cap. 499) (EIAO) came into
operation on 1.4.98. The purpose of the Ordinance is to avoid, minimise and control the
adverse impacts of certain designated projects on the environment through the use of the
environmental impact assessment process and the issue of environmental permit. In
accordance with Section 10 of the Ordinance, a person who wishes to have constructed,
construct or operate a designated project listed in Part I of Schedule 2 or to decommission a
designated project listed in Part II of the Schedule is required to have an Environmental
Permit issued by the Director of Environmental Protection.
A Technical Memorandum on Environmental Impact Assessment Process was issued

under the EIAO and in addition “A Guide to the Environmental Impact Assessment
Ordinance” was published containing detailed information on the practices and procedures
involved. Further reference should be made to ETWB TCW 13/2003.
It should also be noted that project profiles to be submitted under Section 5 of the
EIAO (application for permission to apply directly for an environmental permit) shall be in
both English and Chinese to facilitate public inspection.
See also Clause 13.5 for variations affecting environmental permit.
12.5 CONSTRUCTION AND DEMOLITION (C&D) MATERIAL
12.5.1 Dumping Licences
Application for Dumping Licences needs to be submitted to Chief Engineer/Fill

Management of CEDD for delivering inert C&D material to public filling facilities. Public
filling facilities include public filling areas, public filling barging points and public fill
stockpiling areas. Licences are issued by the CEDD under the Land (Miscellaneous
Provisions) Ordinance, under the delegated authority of Director of Lands. Dumping
Licences for public filling facilities require that material to be disposed of at public filling
facilities must comprise only earth, building debris, broken rock and concrete. Such
materials shall be free from marine mud, household refuse, plastic, metal, industrial and
chemical waste, animal and vegetable matter and other matter considered unsuitable by the
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Filling Supervisor. Small quantities of timber mixed with otherwise suitable material may be
permitted. The materials considered unsuitable for disposal at public filling facilities have to
go to a landfill.
Reference should also be made to WB TCs 2/93, 2/93B, 16/96, 4/98 & 4/98A and
ETWB TCWs 15/2003 (for contracts for which tenders are invited before 16 January 2006) &
19/2005 (for contracts for which tenders are invited on or after 16 January 2006) concerning
the handling and disposal of C&D material to public filling facilities.
12.5.2 Trip-ticket System
In order to deal with the problem of illegal dumping, a trip-ticket system has been
applied, subject to certain exemptions, to all PWP contracts invited on or after 1 July 1999.
All inert C&D materials and C&D wastes shall be disposed of at designated public filling
facilities and designated landfills respectively. The operation procedures of the trip-ticket
system should be in accordance with the details stipulated in the PS, WB TC 21/2002 (for
public works contracts for which tenders are invited before 1 February 2005) and ETWB
TCW 31/2004 (for public works contracts for which tenders are invited on or after 1 February
2005).
The Contractor’s compliance with the system shall be a consideration in the

assessment of the Contractor’s performance. If the Engineer considers that there is major or
frequent non-compliance without any acceptable reason, the Engineer shall consider giving
the Contractor an overall rating of “Poor” in the “Environmental Pollution Control” section
of the Contractors’ Performance Report.
Implementation of the trip-ticket system should be included as a standard item in the

technical audit carried out by Works Departments in accordance with WB TC 15/2002. The
audit should include the aspects on the implementation of the trip-ticket system and the
implementation of follow-up actions for any non-compliance with the requirements of the
system.
12.5.3 Waste Management Plan
All capital works contracts including E&M contracts and D&B contracts having an
estimated contract sum of $20 million or more, invited for tenders on or after 1 July 2003,
should require the contractor to prepare and implement an enhanced Waste Management Plan
(WMP) as stipulated in ETWB TCW 15/2003 with the aim to ensure that solid steps would
be taken to avoid and/or minimize C&D material generation, to reuse and recycle C&D
material generated and to maintain the Site in a clean and tidy condition. Contractors are
required to carry out on-site sorting of C&D materials to recover the inert portion, and those
reusable and/or recyclable materials. The WMP should include a proposal of how the
contractor would maintain the Site in a clean and tidy condition and checklists, including a
daily checklist for site cleanliness and tidiness (see also Clause 12.6) to ensure the WMP is
properly implemented. The WMP shall be submitted for the Engineer's approval.
The Project Office should provide the Contractor with information on the estimated
quantities and types of C&D material, which are expected to be generated or reused in the
course of the works, in order to facilitate him in drawing up the WMP. The Contractor
should be provided with such information preferably within 14 days after the award of the
contract. See also ETWB TCW 33/2002.
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The Contractor’s performance in implementing the WMP shall be considered in

assessing the Contractor’s performance. If the Engineer considers that the Contractor has
exhibited consistently poor performance in implementing the WMP, he should consider
giving the Contractor an overall rating of “Poor” in the Environment Pollution Control
section of the Contractor’s Performance Report.
Following the issue of ETWB TCW 19/2005, the WMP has been incorporated as part
of the Environmental Management Plan (EMP) for contracts for which tenders are invited on
or after 16 January 2006. See Clause 12.9 for further details of the EMP.
12.5.4 Construction Waste Disposal Charging Scheme
The Construction Waste Disposal Charging Scheme came into operation on 1

December 2005. See EPD’s website for details.
12.6 REGULATING ACTIONS ON CONTRACTORS CONVICTED OF

ENVIRONMENTAL OFFENCES
Regulating actions will be taken against contractors who have been convicted of
environmental offences on sites including any other sites not under the control of the works
group of departments. This will apply to all listed contractors and sub-contractors that are
either nominated Sub-contractors or specialist Sub-contractors employed under domestic sub-
contracts. An environmental offence means a conviction for any offence set out in the
following Ordinance:
(i) The Air Pollution Control Ordinance Cap. 311;
(ii) The Noise Control Ordinance Cap. 400;
(iii) The Waste Disposal Ordinance Cap. 354;
(iv) The Water Pollution Control Ordinance Cap. 358;
(v) The Dumping at Sea Ordinance Cap. 466;
(vi) The Ozone Layer Protection Ordinance Cap. 403; or
(vii) The Environmental Impact Assessment Ordinance Cap. 499.
Contractors who have been convicted of a total of five or more offences in a rolling
six-month period based on the dates of offences for environmental offences in respect of
separate incidents on the same contract will be required to make a written representation. A
Panel of Enquiry chaired by DS(W2) of ETWB will make recommendations on regulating
action after considering the written representation and hearing the case from the contractors.
SETW will then decide on the regulating action to be taken which may include issue of
warning letter, requesting for improvement proposal, voluntary suspension from tendering,
mandatory suspension from tendering or removal from the Approved List.
Further details are given in ETWB TCWs 2/2003, 2/2003A, 2/2003B & 2/2003C.
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12.7 SITE CLEANLINESS, TIDINESS AND CONTROL ON MOSQUITO

BREEDING
GCC Clause 38 and Clause 1.32 of the GS requires the Contractor to keep the Site
clean and hygienic and to maintain site cleanliness. An enhanced specification on cleanliness
and tidiness of public works sites was introduced in all PWP contracts, including Design and
Build contracts, invited on or after 15 April 2002. Separate items for payment on site
cleanliness are stipulated in the BQ to prevent the Contractor from evading their general
obligation. The Contractor shall be required to maintain records on site cleanliness including,
but not limited to, daily and weekly inspection checklists and photos taken at various work
locations to be agreed by the Engineer for monitoring of site cleanliness condition. Payment
can be made upon the satisfactory performance of the Contractor on site cleanliness in
accordance with the PS based on the inspection checklists and photos taken. The ER may
conduct regular inspections and surprise checks to verify the Contractor’s performance on
site cleanliness in certifying payment.
The ER shall maintain a record of payment and non-payment to the Contractor on site
cleanliness. A verbal warning shall be given to the Contractor whose performance on site
cleanliness is not satisfactory, resulting in non-payment for two consecutive Cleaning Days
or Cleaning Week Days, or more than two Cleaning Days in any rolling five-Cleaning Day
period. If the performance is not improved, a written warning shall be issued. If the situation
is still not improved, the Contractor’s unsatisfactory performance should be duly reflected in
the quarterly performance report. Further details for the administration and payment on the
enhanced specification for site cleanliness and tidiness are given in WB TC 6/2002 and
ETWB TCW 6/2002A.
The Engineer shall direct the Contractor to implement the measures in ETWB TCW
22/2003 for improvement of site cleanliness and to control mosquito breeding on construction
sites. The Engineer may revise the measures and/or supplement additional measures to suit
specific nature of individual contracts and shall monitor the effectiveness of such basic
measures or any additional measures through the Pay for Safety and Environment Scheme (or
the Pay for Safety Scheme as appropriate).
The Engineer shall report the Contractor’s performance in site cleanliness and control
of mosquito breeding in the Report on Contractor’s Performance. See ETWB TCWs 22/2003
& 22/2003A for details. In accordance with the Contractor Management Handbook,
inadequate attention to “anti-mosquito breeding” by the Contractor with a “Poor” rating in
sub-item 7.7 of the Report on Contractor’s Performance will result in an overall “Poor” rating
in this section.
12.8 USE OF PFA AS GENERAL FILL IN RECLAMATION
Procedures and guidelines for using Pulverised Fuel Ash (PFA) as general fill in
reclamation, both below and above water, are given in WB TC 14/94.
With the reorganisation of the Fill Management Committee (FMC) into the Marine
Fill Committee (MFC) and the Public Fill Committee (PFC), the previous role of the FMC in
co-ordinating the use of the PFA as outlined in the above circular is taken up by the PFC. In
general, the PFC, as authority for the allocation of fill sources to reclamation projects, may
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require Government Departments to include PFA as reclamation fill where this is considered
by the PFC to be feasible. See WB TC 12/2000 for reference.
When lagooned or fresh PFA is transported by road or used as fill above water, dust
suppression measures given in Appendix A of WB TC 14/94 shall be implemented.
12.9 ENVIROMENTAL MANAGEMENT
The concept of waste management has been further extended to environmental

management by ETWB TCW 19/2005, targeted at those nuisances relating to air (smoke and
dust), noise and wastewater pollution. The requirements of environmental management
covering both nuisance abatement and waste management shall be applied to all public works
contracts including capital works contracts and term contracts. Capital works contracts
including E&M contracts and D&B contracts having an estimated contract sum of $20M or
more, and term contracts having a total estimated expenditure of $50M or more, for which
tenders are invited on or after 16 January 2006 with duration longer than 6 months shall be
included under the “Pay for Safety and Environment Scheme” (PFSES).
The “Pay for Safety and Environment Scheme” (PFSES) was first introduced, by
extending the then “Pay for Safety Scheme”, to cover waste management. The purpose is to
enhance waste management on construction sites and to facilitate monitoring and control of
the contractor’s performance on waste management. Following the issue of ETWB TCW
19/2005, the PFSES has been expanded to environmental management absorbing waste
management into it. The contractor shall be required to prepare and implement an
Environmental Management Plan (EMP) with the aim to abate environmental nuisances on
construction sites and to reduce C&D materials to be disposed of during the course of
construction.
To facilitate the contractor in drawing up his EMP on the part about waste
management, the project office should provide him with relevant information such as the
estimated quantities and types of C&D materials, which are expected to be generated or
reused in the course of the works and to be disposed off site. This information should be
provided to the contractor preferably within 14 days after the award of the contract. See also
ETWB TCW 33/2002.
As part of the EMP on waste management, the Contractor shall establish a mechanism
to record the quantities of C&D materials generated each month (using the “Monthly
Summary Waste Flow Table”). The Contractor shall also provide in his EMP the estimated
quantities of C&D materials that will be generated each year from the site during the whole
construction period (using the “Yearly Summary Waste Flow Table”), and such information
shall be updated on a half-yearly basis. In addition, the Contractor shall set up a disposal
recording system as part of the EMP by adopting the trip-ticket system as stipulated in
WBTC 31/2004, for ensuring the proper disposal of C&D materials to designated outlets.
Information returned by the Contractor in the Summary Waste Flow Tables shall be
collected and collated by each works department. The project offices shall then uploaded the
data to the “PWP Construction Site Safety & Environmental Statistics” (PCSES) System of
ETWB. ETWB will coordinate with the DSEAs to monitor the returns from the contractors.
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The Contractor’s environmental performance shall be monitored and controlled

through the weekly environmental walks, SSEMC meetings and SSEC meetings under the
PFSES. If the Engineer considers that the Contractor has exhibited consistently poor
environmental performance, he should consider giving the Contractor a “Poor” rating in
Section 4 (Environmental Pollution Control) of the Report on Contractor’s Performance,
which will automatically result in an adverse report in the overall.
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13. VARIATIONS
13.1 AUTHORITY FOR VARIATIONS
The Engineer may order certain variations to any part of the Works in accordance
with GCC Clause 60. It should be noted that such variations have to be made in writing.
Under GCC Clause 62, the Engineer may also order in writing that work to be carried out as a
result of variations shall be executed on a daywork basis.
The ER may have delegated authority to order certain variations himself. When any
variation exceeds the limit of delegation to the ER or when delegation is not made, orders for
variations shall be made by the Engineer.
It is necessary to check whether the additional works are within the terms of the
original Contract. If not, the work may need to be carried out in the form of supplementary
agreement (see Clause 13.4). Prior to any variation being ordered by the Engineer or the ER,
it is necessary to check whether an increase in the contract sum would be involved. If a
variation would involve an increase in the original contract sum, the approval for such an
increase should be in accordance with SPR Appendix V(B). If such an increase would result
in the approved project estimate being exceeded, prior approval from SFST must first be
obtained for an increase in the project estimate.
In addition, prior approval from the appropriate officer in accordance with the formal
delegation of authority by the Head of the Department, or from the Director’s Representative
for consultant-managed contracts shall be sought by the Engineer for variations estimated to
exceed $300,000 in value, as stated in WB TC 13/92. For values less than this, no prior
approval is required provided that no increase in contract sum is necessary. Should increase
in contract sums be required, the authorisation laid down in SPR 520 and Appendix V(B) of
the SPR shall be followed. In seeking approval for variations under SPR, the direct cost of
the variation and the financial consequences it may generate (including the estimated amount
of prolongation cost) should all be lumped under Appendix V(B) Item AI(a) for approval in
terms of authority.
13.2 VARIATION ORDERS
There is no provision in the GCC for issuing variations verbally for later confirmation
in writing. All variation orders are to be made in writing and signed by the Engineer or ER
with delegated authority.
The standard form for variation orders is at Appendix 7.21.
13.3 VALUATION OF VARIATIONS
Whenever practicable, the rates for variations are to be agreed prior to the issue of the
variation orders. It is recognised that this is not always possible and that rates are sometimes
determined after the variation order has been issued and often after the work has been carried
out.
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The principles for valuing variations are set out in GCC Clause 61. In the event that
the Engineer and the Contractor fail to reach agreement on any rate for variations, the
Engineer shall fix such a rate as shall in his opinion be reasonable and shall notify the
Contractor accordingly. It is to be noted that in valuing variations, subject to provisions of
GCC Clause 61(1), the Contract rates are either to be used (GCC Clause 61(1)(a) and (b)) or
at least to be used as a basis (GCC Clause 61(1)(c)).
It should be noted that there is a difference in nature between the valuation of

variations under GCC Clause 61 pertaining to an issue of a variation order under GCC Clause
60 and the ascertaining of costs under GCC Clauses 46, 48, 54, 56, 59 and 63. If in doubt,
the Departmental Contract Adviser should be consulted.
When the Engineer values variations in accordance with the GCC, he shall notify the
Contractor of such valuations in the form of a letter. A standard form of such a letter is
shown at Appendix 7.22. It shall also be stated in the letter whether or not any rates are
subject to Contract Price Fluctuation. The power to value variations is usually not delegated
to the ER. As such, the letter valuing variations is to be signed by the Engineer.
For internal financial control, when letters concerning valuing variations are issued, a
current financial statement as shown at Appendix 7.23 should be prepared and copied to
relevant parties together with the letters of valuing variations.
13.4 EXECUTION OF WORK OUTSIDE THE ORIGINAL SCOPE OF THE

CONTRACT
Where the execution of work outside the terms of the original Contract is proposed,
prior approval from the appropriate authorities in accordance with SPR 520 and Appendix
V(B) must be obtained for such changes.
For works contracts covered by the WTO GPA, the total value of additional works to
be awarded to the same contractor, other than variations ordered under Items A.I(a) and (b)
set out in SPR Appendix V(B), must not exceed 50% of the original value of the Contract.
Any additional works exceeding the stipulated 50% limit will need to be tendered separately.
Should it be necessary to execute any work outside the scope of those allowed under
the Contract or to change the terms and conditions originally specified in the Contract, the
execution of such work, or such change of contract terms and conditions, shall be subject to a
Supplementary Agreement, between the Government and the Contractor. Prior agreement
must be obtained from the Contractor as to the execution of the Works, the change in the
terms and conditions, the rates for the relevant work and all cost, time and other implications.
In addition, approval from the appropriate authorities as stipulated in SPR Appendix V(B)
must be sought before executing the Supplementary Agreement. Where a Supplementary
Agreement involves acceleration of works the progress of which is susceptible to delays by
unforeseen circumstances, consideration should be given to linking payment in the
Supplementary Agreement with the implementation of the agreed acceleration measures.
Supplementary Agreement may be in various formats, such as by an exchange of

correspondence or by an agreement on deed, depending on the importance and complexity of
the content of the Agreement. The Government should be represented by the officer who
signed the Contract for Government or any other officer of at least D2 level, provided that
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such officer is not also the Engineer for the Contract. For an agreement on deed, the draft
Supplementary Agreement has to be submitted through the Departmental Contract Adviser to
LA(W), ETWB for legal vetting. After the execution of the Supplementary Agreement, a
copy shall be passed to the Departmental Contract Adviser. The Department should also
copy any signed Supplementary Agreement to the Director of Audit.
It is also necessary to revisit the provision of liquidated damages in respect of post-

contract variation by ways of Supplemental Agreements. Consideration has to be given to
whether or not the rate originally fixed for liquidated damages would remain appropriate for
the Works or Section(s) where the scope of work under the original Works or Section(s) is
altered. See ETWB TCW 4/2003 for details.
13.5 VARIATIONS AFFECTING ENVIRONMENTAL PERMIT
If the Engineer considers that the issuing of a particular variation may cause a
material change to the designated project or to an environmental impact of the project as
defined in the “Technical Memorandum on Environmental Impact Assessment Process”, he
shall consult the Director of Environmental Protection (DEP). If the DEP considers that the
environmental permit should be so varied, the Engineer shall advise the proponent
department who shall apply for a variation of the environmental permit under Section 13 of
the EIA Ordinance. After obtaining the variation of the environmental permit, the Engineer
shall then order the variation under the Contract.
Should the Contractor submit an alternative proposal during the course of the Contract
which may give rise to a material change to the designated project or to an environmental
impact of the project, the proponent department shall consider whether it is more appropriate
for him or the Contractor to apply for variation of the environmental permit. No agreement
shall be entered into until it has been clarified whether a variation to the environmental
permit is required and which party shall be responsible for making the application.
Reference should be made to the WB TC 27/99.

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14. CONTRACTUAL CLAIMS
14.1 GENERAL
The General Conditions of Contract makes provision for the Contractor to claim
additional payment. In all cases the Contractor should, in accordance with GCC Clause 64,
notify his intention to claim within the period of time stated in the Contract, citing the clause
and sub-clause under which it is being brought. Should any claim not cite the clause(s) then
the Contractor is to be asked to provide this information before further action is taken. A
standard reply letter to the Contractor in respect of this case is given in Appendix 7.24.1.
Should the Contractor refuse or be unable to cite the clause(s), then this is to be
brought to the attention of the Engineer who should give instructions on the matter.
Should the Contractor fail to give notification within the period stated in the Contract,
then the claim should not be considered. Standard reply letters in respect of this case as
shown in Appendices 7.24.2 & 7.24.3 shall be issued by the Engineer accordingly.
After receiving notification, the Engineer may wish to exercise powers under the
Contract to call for detailed and contemporary records to be maintained, and the ER should
recommend this course of action if it appears that any special record is necessary. Standard
letters concerning the discussed subject are at Appendices 7.24.4 & 7.24.5.
It is not uncommon that the Contractor submits notification to claim for time
extensions and additional costs under different clauses of the GCC. To facilitate future claim
assessment, it is advisable to assign separate claim numbers for time extension and cost
claims and use the appropriate standard letters described above, with modifications where
necessary.
14.2 HANDLING OF CLAIMS
The analysis and evaluation is to be carried out by the ER for the approval of the
Engineer. Full details of the analysis and evaluation are to be presented on a separate file
with copies of all supporting information such that any officer called upon to examine the
claim at a later date will have all the necessary information and reasoning to hand.
The method of analysis and evaluation of a claim is a matter for professional

judgement but some aspects will be common to many claims such as:
(a) Evaluation must be based on the provisions of the Contract, which are either
expressed or reasonably implied. If there are no provisions, then no claim
under the Contract can be considered. The Engineer may not evaluate a claim
for breach of Contract that is not dealt with by the contract terms. Such claim
shall be referred to LA(W), ETWB.
(b) Notification of the claim should be made within the period of time stated in
the General Conditions of Contract.
(c) The Contractor must be able to support the details submitted.

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(d) The Contractor should have taken all reasonable steps to mitigate the effects of
the situation that gave rise to the claim.
After giving notice of a claim, the Contractor is to provide full and detailed particulars
as soon as is reasonable. Should any detail not be supported by site diaries or other records
maintained by the site supervisory staff, the ER shall request the Contractor to supply
supporting information. If the Contractor fails to provide the full details required, the
Engineer should consider writing to the Contractor setting out what in his opinion is a
reasonable period of time for such submissions. If the Contractor fails to respond or provide
sufficient reason, then the evaluation of the claim is to proceed as provided for in Clause
64(6) with all reasonable speed.
The ER shall contest any ill founded parts of the claim, indicating that clarification is
being sought on behalf of the Engineer for the Contract and that no outright rejection is being
given. Any doubts as to the validity of a claim or any part thereof may be referred to the
Departmental Contract Adviser for an opinion, who may refer the matter further to LAD,
ETWB if considered necessary. Requests for further details from the Contractor, if required,
are not to be used as a means of delaying the evaluation.
The reasons behind every claim are to be considered by the works division and should
it appear that the circumstances giving rise to the claim could be repeated then the matter is to
be reported in brief to the design division for necessary action.
The correspondences of sensitive nature related to claims should be filed in a

confidential manner. The following correspondences/documents should be classified as
confidential:
(i) Documents/correspondences related to the Engineer’s assessment of the

claims (including claim analysis and evaluation) that are not going to be
disclosed to the Contractor;
(ii) Legal advice on claims, the disclosure of which will put Government in an
unfavourable position in claims negotiation;
(iii) Documents/correspondences related to extra-contractual settlement of claims,

such as Controlling Officer’s recommendations to FSTB, the ceiling figure of
any monetary offer and waiving of any rights etc., the disclosure of which will
put Government in an unfavourable position in extra-contractual settlement of
claims; and
(iv) Any other documents/correspondences the disclosure of which will put

Government in an unfavourable position in claims processing.
For detailed guidance of the processing of claims, reference should be made to

“Guidelines for Claims Management and Conduct of Negotiations in Works Contracts under
the Public Works Programme” prepared by ETWB (then WB) and promulgated under S for
W’s memo ref. WB(W) 206/32/5(97) dated 30.12.97. Such Guidelines should be available
from the Departmental Contract Advisor. The Guidelines provide guidance for claims
management with the objective of resolving contractual claims efficiently without delay. It is
imperative to note that all claim notifications received from the Contractor should be duly
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logged chronologically in a claims register maintained on site and in the head office in
accordance with Paragraph 5.2.1.3 of the Guidelines.
14.3 AUTHORITY TO SETTLE CLAIMS
It should be noted that the settlement of claims should be made under the relevant
clauses in the GCC and should not be confused with valuing variations. The standard letter at
Appendix 7.25 may be issued for certifying claims made under the Contract.
It should be noted that, pursuant to SPR Appendix V(B), the officer who is delegated
the authority by the Controlling Officer may authorise increases in contract sums within
certain limits to meet the certified claims or arbitration awards. No such limit is imposed on
the Controlling Officer himself, subject to the limit of approved project estimate not being
exceeded. However, where a claim to be settled is not certified by the Engineer and is not the
subject of an arbitration award or an award of the court, the limit of delegated authority of the
Controlling Officer to approve such payments is an accumulated value up to $3 million and
must be based on the advice of D of J or LAD, ETWB. If the limit has been exceeded, a
recommendation has to be made to SFST to approve such a payment. As a related issue,
reference should also be made to WB TC 13/92 regarding constraints on duties and powers of
the Engineer, and the requirement of reports and response time limits, both for consultant-
managed contracts and in-house contracts.
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15. REPORTS ON CONTRACTORS’ PERFORMANCE
15.1 OBJECTIVE
The basic objective of the reports on contractors’ performance is to monitor the

contractors’ performance and assess their suitability for future work. These reports also form
the major basis on which action will be taken as to upgrading, suspension, downgrading or
deletion from the Lists of Approved Contractors for Public Works.
15.2 PROCEDURE AND GUIDANCE
Section 4 and Appendices 4A, 4B and 4C of the Contractor Management Handbook

(updated in ETWB TCW 9/2005) give detailed procedures and guidance notes for the
completion of report on contractors’ performance. In particular, the reporting timetable as
stipulated in Para. 4.6.4 and Appendix 4D of the Handbook shall be strictly followed. When
recommending an adverse report, the responsible officers should entirely satisfy that there is
adequate documented evidence to prove such reports are warranted before
endorsement/amendment. Also refer to Para. 5.4 of the Contractor Management Handbook
for regulating actions to be taken against contractors with adverse reports.
For contracts carried out by a joint venture, a single performance report should be
made on the joint venture with comments on the input and information on the value of the
share of the Works of the participants or shareholders. The report shall be copied to all
management departments of the categories of works undertaken and also to the individual
files of the joint venture participants or shareholders.
A performance score is to be assigned to each report on contractor’s performance and

a weighted average of the performance scores in all categories in the immediate three years
will be taken as the contractor’s current performance rating. The method of evaluation is
given in WB TC 24/2002. Contractors’ performance reports are normally due on the last day
of February, May, August and November covering the three-month reporting periods up to
those dates. Departments shall take the responsibility of uploading all contractors’
performance reports to the Contractor Management Information System (CMIS) within 22
working days after the date due for the report. ETWB will then generate the new
performance rating on the first working day of May, August, November and February and
contractors on the Approved List will be advised of their respective new performance ratings
by post. Departments may obtain a report on a contractor’s recent performance ratings over
the past two years from the CMIS terminals.
On the aspect of site safety, under the Score Card System, one Score Card is to be
completed by the ER and endorsed by the Engineer for completion of each contractors’
performance report, irrespective of whether the reporting period is 6-weekly or quarterly.
The assessment should reflect the observation during routine site inspections and day-to-day
administration and site supervision of the contract during the reporting period. Score Cards
are required to be completed throughout the whole contract period unless otherwise instructed
by the Engineer. However, Score Card is not required during the maintenance period, defects
liability period or establishment period. Completed Score Cards are to be kept by the Project
Office for record purpose. See WB TC 26/2000 and Clause 11.11 for detailed procedures for
completing the Score Cards in relation to the report on contractors’ performance.
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16. DETERMINATION OF CONTRACTOR’S EMPLOYMENT
16.1 GENERAL
Determination of Contractor’s employment may only take place for the reasons given
in GCC Clause 81 or the SCC Clause as promulgated in ETWB TCW 23/2004 - "Right of the
Employer to Terminate for Convenience and Risk Allocation with respect to Changes in
Law'. No action towards determination of Contractor’s employment under the Contract can
be taken for reasons that are not given in the Clauses. Should a situation develop that is
considered likely to give rise to the need for determination of Contractor’s employment, then
the Engineer is to liaise with LAD, ETWB who are to be kept informed of all future
developments.
Reference should be made to WB TCs 16/99, 16/99A & 16/99B and ETWB TCW
16/99C for detailed contractual and financial procedures to be followed in case of
determination of Contractor’s employment.
16.2 WARNINGS PRIOR TO DETERMINATION OF CONTRACTOR’S

EMPLOYMENT
Whenever it is apparent that the Contractor is having difficulty in carrying out the
Contract and before the invocation of the determination of Contractor’s employment
provision, the Engineer shall notify the Contractor of the complaint leading to the possibility
of determination of Contractor’s employment. He shall also request explanations and
proposals for a course of action to remedy the situation. This notice must be served in ample
time to allow the Contractor to improve his efforts before a final decision is made. In the
case of the Contractor failing to proceed with due diligence, action under Clause 6.4 is
necessary.
Should the early written warning of dissatisfaction or action under Clause 6.4 fails to
produce the required improvement, and after conferring with the Government officer
authorised to sign the Contract on behalf of the Government, the Engineer shall issue to the
Contractor a letter as given in Appendix 7.26.
Upon being advised by copy of the letter at Appendix 7.26, all relevant departments
are to provide the department concerned, as soon as possible by fax and copied to CTA(F),
ETWB, with details of all contracts that the departments have with the defaulting Contractor
for which further payment has yet to be made by the Government under these contracts. Nil
returns are required.
If the letter at Appendix 7.26 produces the desired results and no further action is to
be taken, then the recipients of the copies of the letter are to be notified accordingly.
Otherwise, the ER shall arrange for the following:
(a) All gates and doors giving access to any part of the Site to be secured by new
padlocks.
(b) A 24-hour security guard to be posted to ensure that no plant or materials

leave the Site without the expressed permission of the Engineer.
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16.3 ACTION TO EFFECT DETERMINATION OF CONTRACTOR’S

EMPLOYMENT
16.3.1 General
If the letter at Appendix 7.26 fails to produce the desired result and determination of
Contractor’s employment is to be initiated, then the Engineer shall inform the Head of
Department (via the Government officer authorised to sign contract on behalf of the
Government) of such recommendation. To effect the determination of Contractor’s
employment, a sample recommendation by the Engineer to the Employer is given in
Appendix 7.27. This certification is to be made on the expiry of the time period stated in the
warning letter at Appendix 7.26. A draft notice of determination of Contractor’s employment
as shown in Appendix 7.28 should also be attached with the Engineer’s certification. In each
case, the notice must be cleared with LA(W), ETWB. Upon agreement, the Head of
Department shall sign and despatch the notice of determination of employment to the
Contractor.
16.3.2 Actions upon the Serving of a Notice of Determination of Contractor’s

Employment
When the formal notice of determination of Contractor’s employment at Appendix

7.28 is issued, the ER shall arrange for the following:
(a) A copy of the notice of determination of Contractor’s employment, suitably

protected from the weather, should be posted in a prominent place on the Site.
(b) The nearest police station should be informed of the event.
(c) The Site including any works and borrow areas, storage yards and the like and
their immediate areas to be extensively photographed to show, amongst other
things:
(i) The extent and standard of temporary works and permanent work;
(ii) The condition and location of any plant;
(iii) The condition and quantity of any unused materials; and
(iv) Details of any poor workmanship or temporary works that may have
influenced the decision of the Engineer to recommend determination of
Contractor’s employment.
(d) The Engineer shall give written notice to the Contractor, under the provisions
of the relevant GCC Clauses on vesting of constructional plant and temporary
buildings and of materials, prohibit the removal from the Site of any such
properties owned by the Contractor. Refer also to Item 2.3 of Appendix A of
WB TC 16/99.
(e) Hired plant essential for the completion of the remainder of the work shall be
retained on Site. Refer also to Item 2.4 of Appendix A of WB TC 16/99.
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16.3.3 Actions upon Determination of Contractor’s Employment
On the notified day of determination of Contractor’s employment, an officer,

specifically authorised in writing by the Director to do so, shall enter upon the Site on behalf
of the Government. The ER shall then arrange for the following:
(a) The officer being authorised to enter the Site should record in the site diary
that he has entered upon the Site and that the Site has been re-entered. He
should certify to the Director that he has entered upon the Site on the behalf of
the Government and expelled the Contractor therefrom.
(b) A copy of notice of re-entry, suitably protected from the weather, should be
posted in a prominent place on the Site.
(c) Enhance site security and additional security guard should be hired if
necessary since all plants, temporary buildings and materials on the Site have
become the properties of the Government upon re-entry. Close liaison with
the Police should be made.
(d) Despite the record taken after the serving of the notice of determination of
employment, a complete photographic record of the Site, the Works and all
items on the Site shall be made as soon as possible upon re-entry.
(e) If applicable, a letter together a copy of the notice of re-entry posted on the
Site shall be sent to the Bondsman by registered post advising him that the Site
and the Works have been re-entered. The Bondsman must be advised that a
formal claim on the Bond may be lodged once the financial position is known.
A sample letter is shown in Appendix 7.29.
(f) Other parties which should also be informed of the re-entry includes:
(i) the insurer(s) who provide(s) insurance required by the Contract,
(ii) any Nominated Sub-contractor, and
(iii) any Specialist Contractor.
(g) Every effort should be made to keep the Specialist Contractors working. If not
possible, the Engineer shall be obliged to order a suspension of the Works in
accordance with the relevant GCC Clause. Refer also to Item 3.3 of Appendix
A of WB TC 16/99.
(h) The remaining plant on the Site should be valued by EMSD if necessary.
(i) Continued provision of utility services for the necessary maintenance of the
Site should be ensured.
(j) Under some circumstances, the need for emergency work should be assessed
and the required works should be carried out.
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Notwithstanding the above, no action is to be taken that can be construed as meaning

that the Contract has been brought to an end. When determination of Contractor’s
employment takes place under GCC Clause 81, the Contract is still in force and confers
certain rights and obligations on both the Contractor and the Government.
When bankruptcy of the Contractor occurs, the procedure is similar except that no
certification from the Engineer to the Head of Department or letters prior to this certification
is necessary. Whenever possible, determination of Contractor’s employment should take
place before bankruptcy occurs although it is recognised that it is not always possible to
accurately assess the developing situation.
16.3.4 Actions after Determination of Contractor’s Employment
The ER shall arrange for all the records and measurements of the works carried out by
the defaulting Contractor to be brought up-to-date.
From the date of the determination of Contractor’s employment until another

contractor commences the remainder of the Works, all staff (including consultants’ staff)
engaged in the determination of Contractor’s employment and re-entry process should make
detailed record of the time and cost spent. This should include the additional resources
related to the preparation of new tender documents and analysis of tenders, if applicable. It
should however be noted that work on the preparation and processing of new tender
documents should be carried out with all reasonable speed so as not to jeopardise
Government’s right of recovery of the related cost. It would be beneficial to record the time
and cost for any work associated with the re-entry process which extends beyond the start
date of a new contract. Calculation of the staff cost should be based on the actual salary of
the officers and not the mid-point of their salary scale. The departmental STA should be
consulted for assistance in this respect.
Following re-entry upon the Site, the Engineer shall prepare a full report to the Head
of Department including:
(a) Name of Contractor;
(b) Contract sum;
(c) Due date for completion;
(d) Amount already certified;
(e) Value of completed work not yet certified;
(f) Retention money withheld;
(g) Amount of Bond and name of Bondsman (if any);
(h) Liquidated damages to be deducted (if any);
(i) The estimated cost of completing the work using Term Contractor(s) or
carrying out the works under any other existing contract(s);
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(j) The estimated cost of completing the Works by calling new tenders;
(k) The likelihood of calling in and exceeding the Bond (if any);
(l) The effect on current financial provisions for contract sum and project vote;
and
(m) A recommendation as to how to complete the Works and an outline

programme for the preparation of documents, calling for tenders and
completion of the Works.
There is a general duty under common law to mitigate any loss. After re-entry, it is
important that the Works are completed as quickly and economically as possible, otherwise
the defaulting Contractor may have grounds for contesting some of the expenses incurred or
damages sustained by the Employer. Preparation work for completing the Works, either by
tendering new contracts or utilising existing term contracts or other means, should start as
early as possible. Prompt decisions should be made as to arrangements for:
(a) Any hired and hire-purchase Constructional Plant and its assignment;
(b) Any Nominated Sub-contract; and
(c) Any other contract related to the Works.
It is necessary to formulate a disposal strategy in respect of the forfeited Plant and to

retain those that are suitable for re-use on Site for the completion of the Works left undone by
the defaulted Contractor. Department shall conduct a risk-benefit analysis to assist in
reaching a decision on the treatment of the forfeited Plant. The considerations should take
into account conditions of the plant if reused, the required cost and time for plant replacement
if they are removed in advance and the possible programme gain associated with advanced
removal, etc. The risk-benefit analysis should at least cover the items of the forfeited Plant
which are critical to the completion of the Works. Where forfeited Plant are used to complete
the Works, departments shall consider to include a disclaimer clause, where appropriate, to
disclaim liability on the part of the Employer resulting from the use of the forfeited
Construction Plant. LAD(W) of ETWB should be consulted on the drafting of such a
disclaimer clause.
The employment of any Nominated Sub-contractor is terminated upon re-entry of the

Site. The contractual status of the original or any new Nominated Sub-contractor should be
clarified and ascertained as soon as possible. See Item 4.2 of Appendix A of WB TC 16/99.
The Engineer with the assistance of the ER/Surveyor shall ascertain the financial
position of the Contract and settle the final account with the defaulting Contractor at the
earliest possible. The financial procedures as stipulated in Appendix B of WB TC 16/99 &
WB TC 16/99B should be followed. This may include determination of the expenses and
damages incurred by the Government, assessment of any sources from which money may be
recovered, establishment of debt or recovery of money by set-off from other contracts etc.
On expiry of the Maintenance Period and after the financial position of the Contract
have been ascertained, a Final Statement shall be issued to the defaulting Contractor and
copied to CTA(F), ETWB and the Bondsman. A checklist for the preparation and a sample
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format of a Final Statement is given in Appendix C of WB TC 16/99. Appropriate written

enquiry and/or legal procedures shall be initiated if the Contractor fails to pay the money due
in time and in full. See Item 5 of Appendix B of WB TC 16/99.
Once it is established that the defaulting Contractor has caused the Government to
sustain expenses and/or damages which cannot be recovered by set-off and the defaulting
Contractor has not honoured the Final Statement, the Department should inform CTA(F),
ETWB to call in the Bond. LA(W), ETWB must be kept informed of the calling in of the
Bond and their advice should be sought before any action is taken. Where the debt to the
Government is less than the value of the bond, a sum equal to the debt shall be called in.
Refer also to Items 6.2 & 6.3 of Appendix B of WB TC 16/99.
The SCC Clauses promulgated under WB TC 11/2001 empowers the Engineer to

issue an interim certificate to the defaulting Contractor if he is satisfied at any time prior to
the completion of the Works that there is any net sum due to the Government. The interim
certificate shall then be considered as a debt due from the defaulting Contractor to the
Government and shall be paid by the Contractor within 21 days of the date of interim
certification by the Engineer. This would protect the Government’s right to recovery of sums
from being delayed unnecessarily. See WB TC 11/2001 for reference.
16.4 CHECK-LIST FOR ACTIONS REGARDING DETERMINATION OF

The following is a checklist for actions regarding determination of Contractor’s

employment. This is not meant to be exhaustive and is for guidance only. Departments
should produce their action checklists to suit their departmental situation in order that
appropriate and timely action is taken by their staff to effect the necessary procedures for the
determination of Contractor’s employment.
Action Action Taken

Activity Ref.
Initiated by (with date)
Prior to Determination of Contractor’s

employment
1. Issue letter(s) to the Contractor Cl. 6.4
pointing out the observed Cl. 16.2
deficiencies and request for
explanations and remedy proposal
2. Issue warning letter to the Cl. 16.2

Contractor advising likelihood of App. 7.26
determination of employment
3. Control Site access:

(a) use new padlocks for all Cl. 16.2(a)
doors/gates access to any part
of the Site
(b) engage 24 hour security Cl. 16.2(b)
guard(s) on Site
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Action Action Taken

Activity Ref.
Notice of Determination of Contractor’s

employment
In case of NO improvement after issuing
the warning letter in item 2 above:
4. Consult LA(W), ETWB and clear
Cl. 16.3.1
the draft notice of determination of
App. 7.28
Contractor’s employment
5. Recommend determination of Cl. 16.3.1

Contractor’s employment to Head of App. 7.27
Department by the Engineer
6. Issue Notice of Determination of Cl. 16.3.1

Contractor’s employment to the App. 7.28
Contractor (on expiry of the
deadline stated in the warning letter
in item 2 above)
After Serving Notice of Determination

of Contractor’s employment
7. Post Notice of Determination of Cl. 16.3.2(a)
Contractor’s employment on the
Site
8. Inform the nearest police station Cl. 16.3.2(b)
9. Take photographs for record Cl. 16.3.2(c)
10. Give written notice to the Contractor Cl. 16.3.2(d)

to prohibit removal of properties
from Site
11. Retain hired plant Cl. 16.3.2(e)
Upon Determination of Contractor’s

employment (after re-entry of the Site)
12. Effect re-entry of the Site Cl. 16.3.3(a)
13. Post notice of re-entry on the Site Cl. 16.3.3(b)
14. Enhance site security and maintain Cl. 16.3.3(c)

liaison with the Police
15. Make complete photographic record Cl. 16.3.3(d)

of the Site
16. Issue letter to Bondsman Cl. 16.3.3(e)

App. 7.29
7.87 2006 Edition
Action Action Taken

Activity Ref.
17. Inform insurers, Nominated Sub- Cl. 16.3.3(f)

contractor and/or Specialist
Contractor
18. Order suspension of Works to the Cl. 16.3.3(g)

Specialist Contractors if necessary
19. Valuation of plant by EMSD if Cl. 16.3.3(h)

necessary
20. Maintain essential utility services Cl. 16.3.3(i)
21. Assess the need for and carry out Cl. 16.3.3(j)
emergency works if necessary
After Determination of Contractor’s

employment
22. Update all records and Cl. 16.3.4
measurements of the Contractor and
the Work
23. Keep detailed records of time and Cl. 16.3.4

cost of all staff involved
24. Prepare full report to the Head of Cl. 16.3.4

Department
25. Resolve assignment of hired plant Cl. 16.3.4
26. Settle Nominated Sub-contract(s) Cl. 16.3.4
27. Ascertain financial position of the Cl. 16.3.4

Contract in consultation with
LA(W), ETWB and departmental
STA
28. Prepare new tender document and Cl. 16.3.4

call for new tender if necessary
29. Prepare and issue Final Statement Cl. 16.3.4

on expiry of the Maintenance Period
30. Call in the Bond if necessary Cl. 16.3.4

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17. DAMAGE REPAIRS AND EMERGENCY WORK
17.1 DAMAGE REPAIRS GENERALLY
Damage to the permanent or temporary works caused by weather or other factors

except those ‘expected risks’ as defined in GCC Clause 21(4) is the responsibility of the
Contractor up to 28 days after the issue of the certificate of completion, or until the date the
Government takes over the Works, whichever is earlier. GCC Clause 21 should be referred
to for the requirements on the care of the Works.
If in doubt as to the allocation of responsibility and expenses for the damage and
repair of the Works, the departmental contract adviser and/or STA should be consulted.
17.2 DAMAGE TO CROPS AND PROPERTY ON AGRICULTURAL LANDS
In the wet season, especially during typhoon and heavy rainstorm conditions, flooding
may occur and silt may wash down from the Site or borrow areas onto agricultural lands
causing damage to crops and/or property. Damage may also result from other aspects of
construction work. The ER should ensure that the Work proceeds in such a way as to
obviate the risk of this as far as possible. After damage has been suffered, additional
improvement work should be considered to eliminate the likelihood of recurrence.
Whenever there is any damage to crops and/or property on agricultural lands which is
believed to be arising from the concerned construction works, the procedures set out at the
Appendix A of WB TC 28/92 should be followed. The procedures are intended primarily to
avoid delay in payment of small claims for compensation where crops or property on
agricultural land are damaged as a direct consequence of execution of the Works under the
Contract.
In order to ensure that any claimant will only be offered a level of ex-gratia payment,
which is acceptable to the Government, the SFST should be consulted in all cases of
complaint, irrespective of the size of the monetary claims, before any formal approach is
made to the claimant.
17.3 EMERGENCY WORK
Where any remedial or other work of repair becomes urgently necessary for security
or the safety of the Works, the following steps should be taken:
(a) At the time of the inspection that identified the need for urgent repairs, a site
instruction listing the required remedial or repair works should be issued by
the ER to the Contractor. This should be followed up by written confirmation
from the Engineer (sent by registered post or by hand) not later than one
working day after the issue of the site instruction.
(b) If after 7 days (or earlier if the circumstances require) the Contractor has made
no reasonable effort to carry out the required works, the Engineer should made
a request to the Head of Department for authority to use either another
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contractor or the Term Contractor to undertake the works. The request should
be sent urgently by hand to the Head of Department for approval. A standard
form of request is given in Appendix 7.30.
(c) Upon receipt of the authority from the Head of Department, the Engineer shall
inform the Contractor of the actions being taken and a sample letter is shown
in Appendix 7.31. On the other hand, a Works Order to the Term Contractor,
or an instruction to another contractor, whichever the case may be, should be
issued. The instruction shall include a specified time for completion and shall
be endorsed by the concerned contractor regarding acceptance of the required
completion date.
(d) Any excess cost incurred in completing the remedial or repair works shall be
deducted from monies due to the Contractor who failed to comply with the
original request from the ER or the Engineer.
17.4 REPORTING OF MAJOR EMERGENCY INCIDENTS
ETWB TCW 20/2005 sets out the procedures for upward reporting of major
emergency incidents from Works Department to the ETWB. Basically, major emergency
incidents, which may occur during or outside office hours, are classified into two categories
based on the following fundamental criteria:
(i) Whether or not the incident is a crisis, and
(ii) Whether or not the incident will likely develop into a crisis.
A Category 1 emergency incident is one, which is itself a crisis when it occurs. A

Category 2 emergency incident refers to one which is not a crisis itself but will likely develop
into a crisis. Works Department should exercise their judgement sensibly as to which major
incidents should be classified as Category 1 or Category 2. Some characteristics and
consequential implications of a crisis are provided in ETWB TCW 20/2005.
Departments should follow the reporting procedures stipulated in ETWB TCW

20/2005 whenever any of the above two categories of major emergency incidents occurs.
When an incident involves more than one Works Department, the lead department shall, with
the assistance from other supporting departments, coordinate the information and be
responsible for upward reporting to ETWB. The responsibilities for emergency works among
Works Departments should follow the established practice under various technical circulars
in force. In the interest of time, the Works Department that first arrives at the scene shall take
up the co-ordinating role in the first instance until the lead department is identified and takes
over control. Unless agreed otherwise, the lead department shall, in default, be determined
with the broad guidelines set out in Appendix D of ETWB TCW 20/2005.
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18. PROCEDURE ON COMPLETION OF WORKS
18.1 PRIOR TO ISSUE OF CERTIFICATE OF COMPLETION
18.1.1 Criteria for Assessing Completion
Any Section of the Works or the whole of the Works can be assessed as complete
after its substantial completion and that it has satisfactorily passed all prescribed final tests.
Should the completed works form only part of the Works, the assessing criteria for
completion may also include its capability of permanent occupation and/or permanent use by
the Government. GCC Clause 53(5) is applicable in such circumstances.
18.1.2 Handing Over Completed Works
The following guidelines should be followed for handing over completed works to
relevant division/department responsible for future operation or maintenance:
(a) When the works are approaching substantial completion, the ER should
arrange a joint inspection with the Office/Division responsible for the future
operation or maintenance of the completed works. The results of the
inspection shall be recorded to show, among other things, all incomplete items
distinguishing between those items for which the Contractor is responsible
under the Contract and those which are not.
(b) When all works are completed, a further/final joint inspection shall be made.
(c) In case of any disagreement on the standard of completed works or the extent
of works that should be carried out before handing over, a report on the points
of disagreement should be referred to the Engineer for a decision.
(d) Handing-over notes covering at least the following headings should be

prepared and jointly signed by the ER and the officer responsible for taking
over the works:
(i) Date of joint inspection(s);
(ii) A list of outstanding works/defects (see Clause 18.1.4);
(iii) Schedule of as-constructed drawings;
(iv) References of relevant files; and
(v) Any relevant remarks.
(e) The ER/Project Office shall also ensure that all design calculations, spare
parts, operation and maintenance manuals, maintenance equipment, warranty
certificates and manufacturer’s catalogues, where applicable, should be
handed over to the maintenance authority.
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(f) If it has been decided that any temporary works (e.g. access roads, bridges,
drainage etc.) are to be retained, the maintenance responsibility of such items
must be clarified by the ER in collaboration with the relevant
departments/division as appropriate. All agreements made shall be recorded
in the handing-over notes and in the relevant files.
(g) If slopes or retaining walls are involved in the Works, the procedures
stipulated in WB TC 9/2000 for the registration of catalogue of slopes should
be followed. The GEO Checking Certificate for Slopes and Retaining Walls
should also have been obtained in accordance with ETWB TCW 20/2004 prior
to handing over the geotechnical features.
(h) For all tunnel works (see ETWB TCW 15/2005), the Project Office or its
consultants shall submit to GEO for record:
(i) The geotechnical performance review and the monitoring/survey data

obtained for the tunnel works (prepared by the designer and certified
by the design checker);
(ii) The geological and hydrogeological data collected including field data
obtained from the excavation faces; and
(iii) Maintenance manuals, where appropriate, for the maintenance and the
long-term monitoring of special measures such as prestressed ground
anchors (prepared by the designer and certified by the design checker).
(i) For tunnel works, the Project Office or its consultants shall submit factual
geological and hydrogeological data obtained during the construction of the
tunnel works to the Public Section of the Geotechnical Information Unit,
CEDD in accordance with WB TC 20/2001. (The Hong Kong Geological
Survey will refer to such data when preparing new or revised geological
maps).
(j) Where drainage works are involved, the guidelines given in DSD TC 3/2005,
Stormwater Drainage Manual and Sewerage Manual should also be followed.
Particular attention should be made on the need to conduct additional
inspections of works in dry conditions where such works have to be
commissioned in parts or in stages prior to formal handing-over and the works
will be under submerged condition during the final handing-over. Unless prior
agreement has been made with the office responsible for future operation or
maintenance of the works, such partially commissioned works shall continue
to be looked after by the main contractor until the completeness of the
remaining works and formal handing-over of all the works.
18.1.3 Liaison with DLO
No works project is considered complete until all reasonable steps have been taken to
reinstate and, if possible, improve the appearance of the area affected by the Works. All
rubbish and surplus materials must be removed and any temporary concrete floors etc. should
be broken up and removed.
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When the Works are approaching substantial completion, the ER should arrange a joint
inspection with DLO regarding the land to be handed back. The results of the inspection should
be recorded to show the items that require rectification and noting any illegal occupation if
necessary. See also Chapter 3 for handing over of completed works to DLO.
When all structures and machinery have been cleared from the Site, including the
Works Area, a joint meeting should be arranged with DLO to agree responsibility for taking
over and maintaining the Site. This must be recorded in the contract file prior to the release
of retention money.
18.1.4 Outstanding Works
A list of outstanding works requiring attention or action shall be prepared at the

effective date of the certificate of completion. A certificate of completion shall not be issued
until the Contractor undertakes to carry out all these outstanding works or otherwise agreed.
18.2 CERTIFICATE OF COMPLETION
18.2.1 Procedure
A certificate of completion for the Works, or any Section, should be issued to the
Contractor as soon as the relevant work is completed in accordance with the terms of the
Contract.
When a certificate of completion is requested in writing by the Contractor,

accompanied by an undertaking to complete any outstanding work during the Maintenance
Period, the Engineer shall, within 21 days of the receipt date of such notice either:
(a) Issue a certificate of completion to the Contractor pursuant to GCC Clause

53(1)(a); or
(b) Give written instruction to the Contractor listing all the works that are required
to be done before a certificate of completion can be issued, pursuant to GCC
Clause 53(1)(b).
The ER should recommend to the Engineer on whether a certificate of completion

should be issued and the justification recorded in the contract file:
(i) If the issue of a certificate of completion is recommended, the minute should

include a statement or similar statement as “I certify that the
Works/Section(s) ........ was/were substantially completed on ........ in
accordance with the Contract and a certificate of completion should be issued
taking into account of the undertaking by the Contractor to carry out the
outstanding work as listed below during the Maintenance Period.” (If there is
no outstanding work to be completed during the Maintenance Period, the last
part of the sentence should be omitted.)
(ii) If the issue of a certificate of completion is not recommended, the minute

should include a statement or similar statement as “The
Works/Section(s) ........ was/were not substantially completed on ........ as
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required by the Contract. The outstanding works that must be completed by

the Contractor before a certificate of completion should be issued are detailed
in the attached draft letter to the Contractor. I recommend that this letter
instructing the Contractor to complete the outstanding work be sent
immediately.”
18.2.2 Standard Forms
Standard forms for certificates of completion are given in:
(a) Appendix 7.32: Certificate of completion in respect of a part of the Works.
(b) Appendix 7.33: Certificate of completion in respect of a Section of the Works.
(c) Appendix 7.34: Certificate of completion of the Works.
18.2.3 Partial Completion
Pursuant to GCC Clause 53(5) and where permitted by the Contract, the Engineer can
exercise his discretionary powers in favour of issuing a completion certificate for any
substantial part of the Works not being a defined Section under the Contract. However, the
prevailing site conditions should be fully considered as to the suitability and implication of
granting such partial completion.
18.2.4 Release of Surety Bond and Security Deposit
When a completion certificate for the whole of the Works has been issued, the Surety
Bond or Security Deposit, where appropriate shall be released to the Contractor.
A sample certificate of release of surety bond is shown in Appendix 7.35. The

Engineer shall complete Part A of the certificate in triplicate. Two copies shall be issued to
the Contractor together with the certificate of completion of the Works and the third sent
direct to the Accounts Division of the departmental headquarters. On presentation by the
Contractor of the certificate of release of surety bond, the Accounts Division shall release the
surety bond in return for the Contractor’s receipt on Part B of the certificate.
Where a Cash Deposit has been held, the Accounts Division shall invite the
Contractor to present the receipt to STA who shall endorse the receipt and notify the Treasury
so that the Contractor may present the receipt to the Treasury for reimbursement.
18.3 MATTERS DURING MAINTENANCE PERIOD
18.3.1 Working During the Maintenance Period
The exact date on which the Contractor’s responsibility for care of the Works ceases
should be determined with reference to GCC Clause 21, 53 and 80.
During the Maintenance Period, any defects arising, which the maintenance office
considers may be the Contractor’s liability, should be referred to the ER or the Engineer for
action.
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If the Contractor is instructed to carry out repairs to damage occurring during the
Maintenance Period, which is not due to the Contractor’s fault or not due to materials or
workmanship not being in accordance with the Contract, the work shall be paid for under the
terms of the Contract. When the Contractor is required to carry out any investigation of
defects, an instruction under the relevant GCC Clause should be issued.
It is important to make suitable arrangements for taking care of completed works if

they are not handed over to the office responsible for their maintenance/operation
immediately after completion is certified. This type of situation often arises when separate
parts of a project are completed at different times but the office responsible for
maintenance/operation will only take over the works when they are fully completed and
functional. Arrangements for the care of such completed works should be made in
consultation with the maintenance/operation office, who should render all possible assistance.
Depending on the nature of the completed works, the services of a Term Contractor or the
Contractor employed to construct the works or some other arrangement may be needed.
Completed works must not be left unattended for a prolonged period of time.
18.3.2 Inspections Before the End of the Maintenance Period
Prior to any joint inspection with other relevant parties, the ER should be responsible
to carry out thorough inspections towards the end of the Maintenance Period to ensure that all
identified repair and outstanding works have been or will be completed on time and
satisfactorily. Two to four weeks before the end of the Maintenance Period, the ER should
arrange an inspection with the Contractor, the maintenance office and other parties if
necessary, to check whether all outstanding works have been completed and any further
works are required. If the condition is found to be in order, the Contractor may be relieved
of all further obligations under the Contract. Should any defects or deficiencies of any kind
be identified, then the Contractor shall be notified, preferably before the expiry of the
Maintenance Period but in no case later than 14 days after its expiry. Failure to notify any
defect that should have been revealed by a diligent inspection may jeopardise Government’s
right to having these defects repaired by the Contractor.
18.3.3 Maintenance Certificate
When all outstanding work, repair work and clearance of the Site has been completed,
or when the Maintenance Period has expired, whichever is the later, a maintenance certificate
shall be issued irrespective of there being any outstanding payments, unsettled valuations or
unresolved claims. A sample maintenance certificate is shown in Appendix 7.36.
The ER should recommend to the Engineer for the issue of maintenance certificate to
the Contractor. In the recommendation, the ER should provide details of the joint inspection
with the maintenance office and other relevant parties such as the inspection date(s), persons
involved and agreements made. The ER should also make a statement or similar statements
covering the following subjects (but is not meant to be exhaustive):
(a) All outstanding works have been carried out.
(b) All repair works have been completed.
(c) All areas including carriageways, footpaths, grassed and paved areas disturbed
by the Contractor have been satisfactorily reinstated.
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(d) Temporary buildings/structures have been removed.
(e) All constructional plant and temporary works have been removed.
(f) All separate works area provided have been cleared of all plant, buildings,
rubbish and surplus materials and that they have been or are capable of being
handed back to the appropriate authorities.
18.3.4 Release of Retention Money
Within 14 days of the date of issue of the maintenance certificate for the Works, the
Engineer shall issue a certificate for the release of Retention Money, using the form at
Appendix 7.37.1 or Appendix 7.37.2 depending on whether Nominated Sub-contractors are
engaged. The Government is then required to pay the Retention Money to the Contractor
within 21 days of the date of such certificate.
18.3.5 Report on Completion of the Contract
Within one month of the issue of the final payment certificate, a report on completion
of the Contract should be prepared and signed by the Engineer. A standard report form is
shown in Appendix 7.38.
18.3.6 As-constructed Survey
All as-constructed plans in graphical or in digital form should be sent to the Survey
and Mapping Office (SMO) of the Lands Department for updating the relevant maps and
records. See WB TC 16/2000 for reference. In addition, the following should also be noted:
(a) Civil engineering works
When construction of a project is completed, a copy of the as-constructed

survey should also be sent to the District Lands Office for record and
preparation of Government Land Allocation Plan if the construction of a
Government installation is involved. Another copy should also be sent to
DD/SM (Attn: Map Intelligence Section) of the Lands Department.
(b) Building works
When construction of a project is completed, the responsible division should

advise GLA who will request the District Survey Office to prepare a
Government Land Allocation Plan incorporating any adjustment or confirming
the boundary.
(c) Geotechnical works
When construction of a project with prescribed geotechnical features meeting

certain criteria is involved, the responsible department should complete a
standard form with appropriate plans and send to CGE/SS of GEO requesting
for the registration and updating of the Catalogue of Slopes maintained by
GEO. The information being required should be provided to GEO when the
feature formation is substantially completed. The detailed registration
procedures are given in WB TC 9/2000.
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(d) Tunnel Works
The Project Office or its consultants shall submit to GEO for record as-built
survey plans (accepted by the E/A/SO under the Contract) showing the
boundaries of the tunnels/shafts/caverns and the extent of any temporary
works, which may affect future construction (see ETWB TCW 15/2005).
18.3.7 Information for Maintenance Authority
On completion of the Works, the record drawings should be returned to the

responsible drawing office for preparation of the as-constructed drawings. Upon completion
of the preparation of such drawings, hard and/or soft copies together with corresponding
microfilms of relevant drawings should be sent to the maintenance office(s) for record
purposes as soon as possible, preferably within three months. The maintenance authority
may also require additional information for specific works, e.g. site investigation reports
during the construction stage, bearing and expansion joint details and performance details for
highways structures, construction cost, and design calculations etc. Copies of all relevant
drawings should always be forwarded to the appropriate District Lands Office, together with
microfilms, if so requested.
For all highways structures to be handed over to the Highways Department, a set of
microfilms and digital copy of the as-constructed drawings, and both hard copy and digital
copy of the design calculation shall be forwarded to the Structures Division of Highways
Department. Details of the requirements are stipulated in HyD TC 2/2003.
For drainage works to be handed over to Drainage Services Department, the

documents to be submitted by the Project Office are given in DSD TC 3/2005, Stormwater
Drainage Manual and Sewerage Manual. In particular, an Operation and Maintenance
Manual is required. Guidelines on the contents, submission timeframe and control
mechanism of such Manual are given in DSD TC 3/2005.
18.3.8 Electronic Drawings
If the Contractor has been provided with electronic drawings containing digital map
data supplied by the Lands Department and the Contractor has provided an undertaking on
such use, the ER or the Engineer shall check that the Contractor has executed and returned
the “Confirmation by contractor on cessation of the use of Government digital map data”
upon completion of the relevant work. See WB TC 7/2000 for reference.
18.4 POST-COMPLETION REVIEW ON MAJOR WORKS CONTRACTS
WBTC TCW 26/2003 introduces post-completion review on major consultancy

agreements and major works contract under the Public Works Programme as a means of
recording experience, both success and failure, so as to improve the delivery of future
projects by avoiding past mistakes and allowing good practices to be better understood by
project staff. On consideration of cost-effectiveness, post-completion reviews are generally
not warranted for consultancy agreements and works contracts of a project which has a total
cost less than $500 million or of a project which does not involve complicated technical and
management issues. More guidelines on the selection of projects and the manner in which
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the review shall be conducted can be found in the Guidance Notes attached to WBTC TCW
26/2003.
A post-completion review shall be carried out within a reasonable period, say 6

months, after the substantial completion of a consultancy agreement or a works contract. The
review should be led by the officer in charge of the project (normally at senior professional
level or above) and he or she should solicit input from the client and other project
participants. Upon the completion of a post-completion review, the department shall prepare
a report documenting all concerned issues, findings, conclusions and recommendations for
future reference by the department. If the findings of a review are considered useful to other
departments/bureaux, the department may circulate the findings to other departments/bureaux
for experience sharing purpose. See ETWB TCW 26/2003 for details.
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19. DEDUCTION OF MONIES FROM GOVERNMENT CONTRACTS
19.1 GENERAL
GCC Clause 83 stipulates the contractual provisions where monies recoverable from
one contract may be set-off against monies due to the same Contractor under other contracts.
19.2 ADMINISTRATIVE PROCEDURE
When the amount of a debt owed by the Contractor has been ascertained and it has
been established that recovery is not possible under the Contract for which the debt was
incurred, the Engineer shall report to the Head of Department (via the Government officer
authorised to sign contract on behalf of the Government) on the situation, giving but not
limited to the following:
(a) Particulars of the Contract, e.g. Contractor’s name, contract number and title;
(b) The ascertained amount of and details giving rise to the debt;
(c) Details of other contracts currently being undertaken by the same Contractor
within the jurisdiction of the same Division/Office;
(d) His assessment of the implication and desirability of setting off the debt from
any or all the contracts under control; and
(e) His recommended ways forward.
The report should be copied to other Division/Office Heads who should advise the
Head of Department regarding the details of current contracts being undertaken by the same
Contractor in their Division/Office. They should also give their assessment of the implication
and desirability of setting off the debt from any or all the contracts under control.
The Head of Department should consider the recommendation from the Engineer as
well as all the views from the Divisions/Offices and decide the actions to be taken. The
matter shall then be reported to ETWB enclosing the necessary details and copied to all other
Works Departments. Upon receiving the report, all relevant departments shall provide
ETWB with details of all contracts that the departments have with the concerned Contractor
for which further payment has yet to be made by the Government under these Contracts,
together with their views on possible set-off. Nil returns are required.
If considered necessary, a liaison group similar to the one required under WB TC

16/99 for the dealing of determination of Contractor’s employment should be formed.
LA(W), ETWB and/or S for J should be consulted before a decision is made. The liaison
group should identify which contract(s) the debt should be recovered considering factors such
as the effect on works progress of the affected contract(s), possible liabilities for payment of
interest etc. CTA(F), ETWB should also be invited to advise on any accounting or financial
implications. Once a decision is made, any special accounting arrangements as required by
CTA(F), ETWB shall be followed by the concerned departments. Any payments and/or
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release of retention money shall be subject to the approval of CTA(F), ETWB who will
consult as necessary with the concerned departments before giving such approval.
After all the necessary set-off/deductions have been completed, the concerned
departments shall report to ETWB on the latest situation and any follow-up actions that are
needed.
Whenever the Engineer anticipated that a debt is likely to be incurred and not
recoverable under the Contract but the debt is yet to be established, he should also report the
case to the Head of Department (via the Government officer authorised to sign contract on
behalf of the Government). This may happen in the determination of Contractor’s
employment when liquidated damages and additional cost for completion are likely to exceed
any retention money or bond being held under the Contract. In his report, the Engineer
should provide with the Head of Department, in additional to other particulars pertaining to
the matter, his estimated amount of the debt. See also Section 16 for reference.
All administrative procedures relating to the set-off of debt owed by the Contractor
should be dealt with under confidential cover.
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20. CONTRACTS INVOLVING DESIGNS BY CONTRACTOR
ETWB TCW 25/2004 introduces a set of SCC allowing the Employer to accept
alternative designs from Contractors after contract awards under works contract other than
design-and-build contracts.
In the event that the proposal of an alternative design by the Contractor is accepted, it
is important to ensure that the necessary independent checking of the Contractor’s design
against the contractual requirements by an Independent Checking Engineer (ICE) is complied
with. The ICE must certify the concerned works by means of check certificates in the
following standard forms:
(a) Form I, Interim Check Certificate, for use by the ICE for stage certification of
the Contractor’s design.
(b) Form II, Final Check Certificate, for use by the ICE where Interim Check
Certificate(s) have been issued.
(c) Form III, Check Certificate, for use by the ICE where stage certification is
neither required nor proposed.
The standard forms of the above check certificates are given in ETWB TCW 25/2004.
If an alternative design proposed by the Contractor during the course of Works

involves additional cost implications or additional works outside the terms of the original
contract (provided that the additional works are within the approved scope of the project
subject to funds being available), the alternative design has to be approved by the appropriate
authorities as stipulated in Appendix V(B) of the SPR. Otherwise, if no additional cost
implications or no additional work outside the terms of the original contract is involved,
officers of D2 rank or above can authorise acceptance of such alternative design.
If an alternative design proposed by the Contractor involves overall cost saving to the
Contract, approval in accepting the Contractor’s alternative design should be obtained from
the appropriate authorities as stipulated in ETWB TCW 25/2004.
For tunnel works, submission and audit requirements relating to the geotechnical
design of permanent works and associated temporary works undertaken by the Contractor are
given in ETWB TCW 15/2005.
For all foundation works in the Scheduled Areas of Northwest New Territories and
Ma On Shan, and in the Designated Area of Northshore Lantau, submission and checking
requirements relating to the design of the works undertaken by the Contractor are given in
ETWB TCW 4/2004.
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21. MISCELLANEOUS
21.1 STATUTORY NOTIFICATIONS
The Industrial Training (Construction Industry) Ordinance and the Pneumoconiosis

(Compensation) Ordinance provide for the collection of levies from contractors on building
and civil engineering contracts of a value exceeding $1.0M. These Ordinances require the
“authorised person” for construction work to notify the Construction Industry Training
Authority (CITA) and the Pneumoconiosis Compensation Fund Board (PCFB) within 14
days of commencement and within 14 days of the completion of such construction work
together with the values of the work.
Notices are to be sent separately in respect of every contract exceeding $1.0M

although works carried out under a nominated sub-contract need not be reported.
The Chief Engineer of the Division responsible for the Contract is the designated
“authorised person” for the statutory notifications to the CITA and PCFB.
Notices are to be given on CITA Forms 1 and 3. PCFB Forms 1 and 3 have been
prescribed for giving notices to the Board but the regulations shall be complied with if the
notices given to CITA (on Forms 1 and 3) are copied to the Board. This latter procedure
should therefore be adopted when applicable. These forms can be downloaded from the web
sites of CITA (www.cita.edu.hk) and PCFB (www.pcfb.org.hk).
Under Section 1(3) of the Construction Industry Levy (Miscellaneous Amendments)

Ordinance 2004, Parts 1, 2 and 4 of the Ordinance has come into operation on 1 June 2004.
For tender closed after 1 June 2004, the new requirements on works contracts are:
(i) The levy is extended to cover electrical and mechanical works in the
construction industry;
(ii) For a term contract, levy is to be imposed on the aggregate value of all
construction operations carried out as required by works orders issued under
the term contract.
For term contracts and capital works contracts using the GCC for term contract, one
notification of commencement to CITA and PCFB should be made for the whole contract
instead of on works orders basis.
Under Section 24 of the Construction Workers Registration Ordinance, ‘authorised

person’ is required to give notice to the Construction Workers Registration Authority within
14 days of commencement and within 14 days of completion of construction operations of
value $1.0M or above, undertaken (or the tender submitted) on or after 24 February 2005.
Pursuant to Section 24(4) of the Construction Workers Registration Ordinance, the
‘authorised person’ would comply with the requirement for the notifications if he has given
notifications of commencement and completion to CITA under the Industrial Training
(Construction Industry) Ordinance.
When a Contractor is permitted to operate a crusher on Site to produce aggregate (for

site use or otherwise), this fact should be reported to the PCFB.
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Upon the issue of the certificate of (substantial) completion, the ER shall submit Form
3 (with a copy for PCFB) as with Form 1 for preparation and signature by the Chief Engineer.
The date of completion to be reported is to be the date when the Works are handed
over to Government. If the final value is not yet known, the approximate value should be
stated and attention drawn to this.
In the event that a contract with an originally estimated contract sum in excess of
$1.0M does not, on completion, reach this value then the ER shall draft a suitable letter of
explanation in lieu of Form 3 for the signature of the Chief Engineer.
With the implementation of the Mandatory Provident Fund (MPF) on 1 December

2000, the Engineer shall at the commencement of the Contract arrange for the completion of
the MPF Notification Form at Appendix 7.41 and fax it direct to the Senior Manager,
(Industry Schemes), Mandatory Provident Fund Schemes Authority (MPFSA).
21.2 TECHNICAL AUDITS
21.2.1 Technical Audits on Works Contracts
In each department there is a Contract Advisory Unit headed by a Contract Adviser.

The Contract Advisory Unit will carry out, among other duties, technical audits on all works,
including works supervised by consultants, for which the department is responsible. The
technical audits should be carried out at various stages of the Contract for compliance with
written policies, procedures and instructions; including administration of the Contract, site
records, measurements, payments, claims and the valuation of variations. The technical audit
procedures should follow guidelines set out in the Technical Audit Manual issued by ETWB
which are based on sound audit practice.
The technical audit reports should be submitted to the Head, Deputy Head of
Department or Head of Office and copied to the relevant Division/Unit heads and ETWB.
The Head, Deputy Head of Department or Head of Office should determine the follow-up
actions required, if any, and ensure their proper implementation.
For cases where defaulting parties are clearly identified, the Department should
seriously consider establishing sanction against the defaulting parties, e.g. reflecting the cases
in the contractors’ or the consultants’ performance reports, or taking appropriate disciplinary
actions against the personnel involved, as the case may be. Appropriate sanctions can serve
as deterrence to future foul play.
When audit findings identify areas for improvement necessitating changes of existing
policies, an officer at D2 level or above should bring such findings to the attention of ETWB.
If the areas for improvement are of common interest to other departments, the initiating
department should keep other departments informed of the proposed improvements.
See WB TC 15/2002 and ETWB TCW 53/2002 for further details.

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21.2.2 Independent Auditing for Prevention of Sub-standard Works in Public Works

Construction
Each department should have their own departmental mechanism for carrying out
independent auditing for prevention of sub-standard works. The staffing, frequency and
procedures of the audits should be in line with the principles as laid down in the WB TC
4/2002. The required testing should normally be funded by the project votes.
The reporting, review, and implementation of follow-up actions for the audits are
similar to those for technical audits on works contracts as mentioned in Clause 21.2.1.
See WB TC 4/2002 for further details.
21.2.3 Technical Audits on Consultancy Agreements
The technical audits on consultancy agreement should be carried out in accordance

with the guidelines in the “Technical Audit Manual for Consultancy Agreements” issued by
ETWB.
The reporting, review, and implementation of follow-up actions for the audits are
similar to those for technical audits on works contracts as mentioned in Clause 21.2.1. The
reports may also be copied to the Chairman of the Architectural and Associated Consultants
Selection Board (AACSB) or the Engineering and Associated Consultants Selection Board
(EACSB), if considered necessary.
See WB TC 9/2002 for further details.
21.2.4 Audits on Tunnel Works
The GEO may audit the geotechnical design, risk assessment, site supervision plan
and related documents and undertake site audits. The E/A/SO for the works Contract shall
make suitable arrangements to make available to the GEO during the site audits all records
and other information related to the Contract, and provide all assistance required by the GEO
to facilitate these audits. See ETWB TCW 15/2005 for further details.
21.3 ASSIGNMENT OF CONTRACTORS’ FINANCIAL BENEFIT
Guidance in dealing with requests from Contractors for approval under GCC Clause 3
to assign financial benefit is given in WB TC 13/2000.
21.4 MEDIATION/ARBITRATION IN CONSTRUCTION DISPUTES
In accordance with GCC Clause 86, any contractual dispute arising between the
Employer and the Contractor shall be referred to and settled by the Engineer who shall state
his decision in writing and notify both the Employer and the Contractor. Such decision shall
be final and binding upon the Contractor and the Employer unless either of them requires the
matter to be referred to mediation or arbitration as provided in GCC Clause 86.
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Mediation shall be conducted in accordance with “The Government of the Hong Kong
Special Administrative Region Construction Mediation Rules” (1999 Edition) (the Rules)
given in Appendix A of WB TC 4/99 and ETWB TCW 4/99A. For existing contracts which
specify the use of mediation rules other than the Rules, the Department should attempt to
agree with the Contractor to adopt the Rules by means of a supplemental agreement to the
Contract. In existing contracts where there is no provision for mediation, the Department is
nevertheless encouraged to consider mediation as a means for resolving disputes. If the
Department and the Contractor agree, mediation using the Rules should be adopted by means
of a supplemental agreement to the Contract. The LA(W), ETWB should be consulted in all
cases on the procedures. The prevailing Administrative Guidelines given in Appendix B of
WB TC 4/99 shall be followed as far as practicable. Reference should also be made to the
ETWB publication “Guidelines for Claims Management and Conduct of Negotiations”
(December 1997) for guidance on the preparation for and conduct of negotiation within the
mediation process.
If the matter cannot be resolved by mediation, or if either the Employer or the

Contractor do not wish the matter to be referred to mediation, then either party may, within
the time specified in GCC Clause 86, require that the matter be referred to arbitration in
accordance with and subject to the provisions of the Arbitration Ordinance (Cap. 341). The
Hong Kong International Arbitration Centre Domestic Arbitration Rules shall apply to any
such arbitration unless the parties agree to the contrary.
ETWB TCW 29/2003 allows Government to disclose confidential information, under

certain conditions, to the Public Accounts Committee of the Legislative Council concerning
matters relating to mediation settlements, arbitration awards and settlement agreements.
21.5 DISCOVERY OF ANTIQUES OR UNUSUAL/SUSPICIOUS OBJECTS
When any antique or articles of value is discovered, the matter should be reported
according to the procedures stipulated in PWD TC 14/73. The Contractor should also be
instructed to carry out all necessary measures for protection or removal, if any, as requested
by the appropriate authorities.
In the event that unusual or suspicious objects are found on Site, it is important the
supervisory staff and the Contractor should pay particular attention and take care of these
objects and, if in doubt, report immediately to the Police and ER for direction.
21.6 USE OF EXPLOSIVES
21.6.1 General
Where blasting is permitted by the Contract, the details of reporting system required
of the Contractor is normally stated in the specifications and such system should be
implemented and monitored accordingly. The following data, additional to that required by
the specifications, should be recorded:
(a) Name(s) and Mine Blasting Certificate number(s) of shotfirer(s);
(b) Name of representative(s) from Mines Division, CEDD;

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(c) Quantity and type of each explosive delivered;
(d) Quantity and type of detonators delivered;
(e) Blasting details including numbers and pattern of holes drilled, depth and
inclination of the holes, initiating sequence, actual charges per hole, rock face
orientation and throw direction;
(f) Approximate volume of rock blasted or length of tunnel; and
(g) Reference to any vibrograph readings taken.
All possible assistance should be given to the staff of the Mines Division, CEDD, at
all times to ensure that the necessary procedures and protective measures stipulated by the
authority are carried out.
The general guidelines and restrictions on blasting are given in Section 6 of the
General Specification for Civil Engineering Works. The Mines Division of CEDD should be
consulted on any other specific requirements on blasting. In the event that additional
requirements are necessary due to any specific site conditions, public concerns or any other
matter brought to attention during the course of the construction, advice may also be sought
from the Mines Division.
Where particularly rock blasting are to be carried out under the nominal fight path and
flying rock may cause a hazard to aircraft (including helicopters), the Director of Civil
Aviation should be informed accordingly.
For any adjacent structure (e.g. slope, building, utility, etc.) that may prone to damage
by vibration from blasting under the Contract, consideration should be given to taking
appropriate vibrograph readings if similar monitoring measure is not stated in the
specifications. The Contractor should be instructed to take the necessary readings together
with readings from other normally occurring vibrations for comparison purpose, e.g.
vibration due to heavy road vehicles.
21.6.2 Instructions for Explosives Supervisors
The following are the duties of Government project supervisory staff acting as
explosives supervisors:
(a) Supervisory staff acting as explosives supervisors should register with the
Mines Division of CEDD.
(b) Supervisory staff are responsible for attending the Site at the correct time
using their own or departmental transport.
(c) There must be an explosives supervisor for each shotfirer. In this respect,
project staff must not rely on assistance from other organisations.
Occasionally, project staff may have to be taken from other works in order to
provide sufficient supervisors on the Site. This is acceptable provided that the
concerned staff can be spared from their original duties, to which they should
be returned as soon as the blasting has been fully completed.
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(d) The senior supervisor for the Site should check the amount of explosives
delivered and should certify such on the Removal Permit or the Explosives
Register for the site magazine of a tunnel project (which will be kept by the
Explosives Officer of the Mines Division).
(e) Immediately after delivery of the explosives to the Site, the shotfirer(s) should
commence loading the pre-drilled holes with explosives. An explosives
supervisor is responsible for ensuring that all explosives drawn by the shotfirer
he is supervising are loaded into the drillholes, and that no pilfering of
explosives, and initiating explosives products takes place. See (h) below for
unused explosives.
(f) When all holes have been loaded, the explosives supervisors and site staff
concerned shall retire to a safe place; which, if possible, should be a place
from where the blast can be observed.
(g) After the charges are fired, the shotfirers, accompanied by the explosives
supervisors, should inspect the area to ascertain as far as possible, that all
charges loaded have been fired. If the explosive supervisor is not present and
the shotfirer discovers a misfired shot(s), he should report the details
immediately to the Mines Division. If a misfire occurs, the explosives
supervisor should be present all the time while the shotfirer carries out a
thorough check of the electrical circuit (if electrical detonation is being used)
as electrical faults are the commonest cause of misfires. Any defects found in
the circuit should be rectified by the shotfirer and the charge fired. If the
cause of the misfire cannot be found, or if it is impossible for any reason to
rectify a defect, the misfire should be reported to the Mines Division or
Explosives Officer on his return journey. The necessary instructions for
dealing with the misfired charge shall be given by the Mines & Quarries
Division.
(h) The explosives supervisors shall check the shotfirers Charging Details as
shown in Appendix 7.42, which should account for all explosives loaded into
the drillholes. He should countersign the form to indicate that the explosives,
as listed on the Charging Details, had been loaded into the holes and
subsequently detonated. Details of any misfired charges should also be noted.
(i) All explosives delivered to the Site should be loaded and fired. If for any
reason there are explosives not being used, they should be moved to a safe
place within the Site under close supervision by the explosives supervisors
before the charges that have been loaded are fired. When the delivery convoy
returns to the Site, the Explosives Officer of the Mines & Quarries Division
must be notified of any unused explosives. If the quantity is small and the site
condition is favourable, the unused explosives may be destroyed on Site by the
shotfirer at the discretion of the Explosives Officer. If a large quantity is
involved, it shall be removed in the explosives carrying vehicle and return to
Government Explosives Depot or to a Site Magazine for temporary storage.
Such quantities should be recorded in the same way as the rest of the
explosives, in which case a special report need not be made to the Explosives
Officer of the Mines Division.
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(j) Supervisory staff are also required to take note of Mines Division’s circular
letter to contractors on the danger from lightning storms.
21.7 WAGE DISPUTES INVOLVING CONTRACTORS
Should it come to the attention of any staff on the Site that a group of workers may
not have been paid or not paid correctly, then the matter should be relayed to the
ER/Engineer. It is recognised that this information may only be rumour or hearsay but the
ER/Engineer should consider the matter and, if deemed necessary, make prompt referrals to
the Labour Relations Division of Labour Department in respect of suspected non-payment of
wages to workers. A standard proforma for reporting of incidents is shown in Appendix 7.43.
Under any circumstances, the supervisory staff should not become involved in the
investigation or settlement of such disputes.
21.8 OPENING CEREMONIES FOR PUBLIC WORKS PROJECTS
The procedures to be followed for opening ceremonies for projects under the Works
group of departments are given in WB TC 3/89.
In addition, all new structures (e.g. buildings, bridges, flyovers, roads, piers, treatment
works, workshops, etc.), which are to be officially opened by guests, should incorporate a
plaque commemorating the name of the person opening the structure and the office
responsible for its construction. The works department should be responsible for preparing
the commemorative plaque and sufficient time should be allowed for its manufacturing and
installation. When ordering, details to be incorporated on the plaque should be given together
with a plan showing the location and an elevated view of the structure. A similar plaque
should also be prepared for buildings and other structures not officially opened by guests and
for those designed and constructed by consultants. Sample commemorative plaques are
shown in Appendix 7.44.
The following is a sample checklist for preparing and arranging the opening ceremony
but is not meant to be exhaustive. The department or the concerned project office should
compile its own checklist to suit the particulars of the project:
(a) Submit details of the opening ceremony to and seek approval from SETW,
including but not limited to:
(i) Date, time and location of the event;
(ii) Person(s) officiating at the opening ceremony; and
(iii) Tentative invitation/guest list.
(b) Seek approval of funds from the Head of Department, via the Office Head or
Branch Head as appropriate. This should be in the form of a memo itemising
the various costs for the opening ceremony, such as ceremony stage, photo
display panels, commemorative plaques, refreshments and brochures etc.
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(c) Finalise and confirm date, time and person(s) officiating at the opening
ceremony. It may be necessary to check with the Director of Protocol as to
whether the proposed schedule and guests would clash with any other
celebration events.
(d) Prepare guest list in collaboration with SETW, District Office(s) and other
appropriate departments.
(e) Prepare and send invitation cards, normally in the name of the Head of
Department. A directional map should be shown on the reverse of the
invitation card and a sample invitation card is shown in Appendix 7.45.
(f) Arrange publicity such as:

(i) Brochure including order of proceedings; and
(ii) Press release, radio and television broadcasts, pamphlet, announcing
the event which should include any special traffic arrangement.
(g) Prepare draft speeches for the host and person(s) officiating at the ceremony.
(h) Ordering commemorative plaque and arrange its installation.
(i) Arrange refreshments.
(j) Arrange transport, particularly for V.I.P. and regarding office cars (an officer
should be designated to control movement of cars).
(k) Organise any other transport and traffic matters that deemed necessary, e.g.
car parking arrangement, car parking labels, temporary traffic signs or
temporary road markings.
(l) Prepare banners if required.
(m) Arrange dais, chairs and other furniture that may be required. Assistance from
Government Logistics Department may be necessary.
(n) Organise appropriate floral arrangements if required.
(o) Prepare run-down and full details of the ceremony, preferably with appropriate
drawings for reference. A contingency plan to account for bad weather should
also be prepared.
(p) Arrange public addressing devices which should include a back-up system for
contingency.
(q) Prepare seating plan for guests. The Director of Protocol should be consulted
if necessary.
(r) Prepare ribbons, scissors and/or curtain for the commemorative plaque if
necessary.
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(s) Appoint a Master of Ceremonies for the event.
(t) Arrange ushers for the guests if necessary.
(u) Conduct rehearsal(s) for the event if necessary.
21.9 QUALITY ASSURANCE FOR STRUCTURAL CONCRETE
Guidelines prepared by the Standing Committee on Concrete Technology (SCCT) to

assist the Engineer in vetting quality systems for production and supply of structural concrete
are given in Appendix B of ETWB TCW 57/2002.
21.10 NOVATION
According to ETWB TCW 18/2003, no application of substitution by a contractor is

considered/allowed after 18 September 2003. A proposal to transfer the benefits and
obligations of a contractor under a contract with the Government to a third party, including a
sister company, holding company or a subsidiary company having a separate legal status, will
not be permitted except under some special circumstances.
Novation of a contract is only allowed under the special circumstances in accordance

with ETWB TCW 18/2003. The actions required to effect novation are stipulated in Section
6 of the Contractor Management Handbook. A novation agreement is required for all public
works contracts which is basically a tripartite agreement entered into by the Government, the
Contractor and a third party, whereby the Contractor is released from and the third party
assumes all the Contractor’s obligations and rights under the Contract. In case novation is
permitted, additional provisions shall be put in the novation agreement. The new indemnity
clause in ETWB TCW 18/2003 shall be added to the two standard forms of novation
agreement at Appendices 6C & 6D of the Contractor Management Handbook and any
proposed change to the standard format must be consulted with LA(W), ETWB.
21.11 TREE PRESERVATION
The need for tree preservation and tree felling/transplanting to be included in the
Contract should have been identified during the planning and design stage and necessary
approvals obtained. However, new tree felling/transplanting may be required during the
execution of the Contract to facilitate the progress of Works or to suit conditions on the Site.
In such case, the necessary approval shall be obtained from the Lands Department in
accordance with WB TC 14/2002. It should nonetheless be borne in mind that all trees
should be preserved as far as possible and no trees should be lopped or felled unnecessarily.
Permission to remove trees will not be granted unless good cause is shown and fully justified.
Sufficient time should be allowed for preparing the root system of any tree suitable for
transplanting if required.
If the construction works encroach upon the protection zone of a registered tree, the
Project Office shall obtain the approval from the Lands Department in accordance with
ETWB TCW 29/2004. In the event that a registered tree dies within the construction site, the
Project Office shall report promptly to LCSD/AFCD and provide the necessary details for
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investigation by LCSD/AFCD. Only when the agreement of LCSD/AFCD has been sought
on the matter, should the Project Office dispose of the dead tree unless the presence of which
poses an imminent danger to the public.
The Contractor is required to identify any existing trees, including Old and Valuable
Trees, on the Site. For preservation and protection of existing trees and, where required, the
registered Old and Valuable trees and shrubs, reference should be made to the detailed
methods, procedures and requirements as stated in ETWB TCW 29/2004 and the Cyber
Manual for Greening promulgated by ETWB TCW 11/2004.
Where there are provisions under the Contract, the Contractor may also be required to
employ a suitably qualified and experienced independent tree specialist to carry out the duties
as stipulated in the relevant Special Conditions of Contract.
21.12 IMPORTATION OF SAND FROM MAINLAND CHINA BY BARGES
For contracts where importation of sand from Mainland China by barges is required,
the procedures as laid down in WB TCs 10/95 & 10/95A shall be followed, particularly on
the need to carry on board the original versions of a list of permits that are required by the
appropriate authorities. The list of permit may change from time to time and the Engineer
should remind the Contractor that the latest list is kept.
21.13 ELECTRONIC DRAWINGS
If contract drawings are available in electronic form, the Contractor may ask the
Engineer for additional copies of such electronic drawings for use under the Contract.
Charges and further details regarding the supply of electronic drawings are given in WB TC
7/2000 and ETWB TCW 7/2000A.
21.14 MANAGEMENT OF SUB-CONTRACTORS BY CONTRACTORS
For contract that requires the submission of Sub-contractor Management Plans

(SMP), the Contractor shall, within 30 days of the acceptance of the tender, submit a detailed
version of the SMP in the form and contents as prescribed in the Contract. Thereafter, the
Contractor shall update and submit the SMP on a quarterly basis. Should there be any major
changes in the Contractor’s sub-contracting arrangement during the period before the next
quarterly reporting, the Contractor should also notify the Engineer/ER in writing
immediately. Upon receipt of the SMP, the Engineer/ER may offer his comments and notify
the Contractor accordingly. No approval of the SMP is required from the Engineer/ER. If
the Contractor fails to update and submit the SMP as required by the Contract, warning (and
regulating if necessary) actions should be taken in accordance with paragraphs 13 to 15 of
ETWB TCW 47/2002.
Apart from the SMP, the Contractor is also required, normally in the form of a SCC,
to ensure that his sub-contractor would not further sub-contract the whole of the works sub-
contracted to them and that his own staff would be employed to manage and supervise his
sub-contractors.
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In 2005, ETWB conducted a review on the status and effectiveness of the

implementation of SMPs for contracts reported to have wages arrears problems. It is found
that the measures taken in response to the SMP requirements on payments and control of
wages arrears differ substantially from one contractor to another. The standard of vetting the
SMP adopted by individual departments also varies to great extent. To facilitate project
officers in vetting the SMP proposals submitted by the contractor, ETWB has drawn up the
following list of examples of good practice in the SMP consolidated from the review exercise
(Ref: SETW’s memo ref. (00VB3-01-10) in ETWB(PS)109/11/1 dated 15.11.2005):
(1) General
(a) The Contractor shall include all sub-contractors KNOWN to him in the SMP.
(SMP requirement)
(b) The Contractor shall ensure that their sub-contractors report on the further
subletting of their works (to other contractors) for including those details in
the SMP. (SMP requirement)
(c) The Contractor will require its subcontractors to submit monthly updates for
(b) above for his updating of the SMP.
(d) Changes to the subcontracting arrangement will be discussed at monthly

progress meetings with the Architects/Engineers to ensure that both the RSS
staff and the Contractor's own site supervision team are well informed.
(2) Measures for monitoring early industrial dispute problems (SMP Requirements)
(a) Publicity
(i) The Contractor will put up posters issued by LD and distribute LD's
leaflets on the site to ensure all workers of subcontractors understand
their rights and responsibilities.
(ii) The Contractor will request and encourage all workers of
subcontractors to report on any wages in arrears for over 7 days.
(b) Site surveillance

(i) The Contractor will set up an industrial dispute hotline so that workers
of subcontractors can report to a designated management staff on such
disputes.
(ii) The Contractor will set up a lockable suggestion box for workers to
report their wages arrears problems privately and confidentially.
(iii) The Contractor will remind workers at least once a week during the
pre-work exercise to report on any wages arrears problems.
(iv) The Contractor will remind workers of the requirements of submitting
declarations of no "unsettled salary" through their employers and carry
out random check on workers to verify the declarations received.
(v) The Contractor will designate site foremen to collect intelligence from
workers for advance warnings over potential wages arrears problems.
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(c) Evidence of wages received by workers

(i) The Contractor will require his sub-contractors to submit evidence of
wages received by their workers together with the workers'
declarations of no "unsettled salary" for the previous month when
making their payment applications.
(ii) The declaration forms in (i) above should also be submitted for any
months the sub-contractors concerned do not apply for any payment.
(iii) Declaration forms should be in the language known to the workers.
The form should also be designed to take into account of the possibility
of workers receiving dated cheque so that monitoring and if necessary,
follow-up action can be made.
(d) Follow-up action

(i) Once a suspected case of wages arrears is established, the Contractor
will appoint a senior management staff to investigate the incident and
alert the Engineer/Architect without delay.
(3) Measures for handling complaints from workers (SMP Requirements)
(a) Upon the receipt of a complaint, the Contractor's designated investigating staff
will first make an attempt to resolve it as appropriate with the relevant
subcontractor and workers. Payment records, declaration of receipt of wages
and site attendance records should be retrieved for investigation.
(b) Where appropriate, the investigating staff will attempt to mediate the
complaint for an agreement between the subcontractor concerned and his
workers. If necessary, he should witness and record any payments made to
settle the case.
(c) If agreement cannot be made, the investigating staff will seek assistance from
the LD to take over the mediation of the complaint.
(d) The investigation staff will at all times co-operate with LD for earlier actions
in handling the complaint.
(e) The investigating staff will keep the Architect/Engineer informed of the
development of the complaint.
(f) The Contractor will also report on the monthly progress report whether wages
arrears dispute is identified on site.
(4) Measures for maintaining daily attendance records of all workers on the site. (SMP
Requirements)
(a) System in place

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(i) A smart card, site pass or logbook system should be implemented

under the supervision of a designated staff. Workers should be
required to log in at the normal place of assembly or a site entrance.
(ii) Names and details of all workers, their employers and the trades in
which they are employed will be recorded and kept on the site.
(iii) Security guards stationed at the entrance will be responsible for
managing workers' in and out discipline.
(b) Counter-check mechanism

(i) Sub-contractors will be required to submit daily attendance records
(with names) of their workers for checking against the site access
system's records by a designated staff.
(ii) A designated senior staff will review the attendance record periodically
to identify if there is any unreported further subcontracting or changes
in subcontracting arrangement.
(5) Ensuring timely payment to lower-tier subcontractors (SMP Requirements)
(a) The Contractor will require subcontractors to submit declarations stating that
they have duly paid their subcontractors at a lower tier, together with copies of
the relevant evidence of payment, such as receipts.
(b) The Contractor will require their subcontractors to impose the same obligation
as (a) on their subcontractors at a lower tier so that it is filtered down to
subcontractors at all levels.
(c) The Contractor will appoint a designated staff to encourage subcontractors at

all levels to report on any overdue payments.
While the specific measures under each category cited in the above list are mere
examples and might not be applicable to all contracts, project staff should exercise their
judgement in making reference to them. On the other hand, the measures proposed by the
contractors as part of their SMP for monitoring individual disputes problems should fall
broadly within the four categories of heading identified in the good practices, i.e. publicity,
site surveillance, evidence of wages received by workers and follow-up actions. Engineer/ER
should ensure that all these elements are present when checking/ reviewing SMPs.
For contracts with provisions for engagement of sub-contractors registered from the
Voluntary Sub-contractor Registration Scheme as promulgated under ETWB TCW 13/2004,
the procurement department shall monitor the contractor’s compliance of the relevant
contractual requirements and take regulatory action in accordance with the technical circular.
21.15 TRANSPORTATION OF ABNORMAL LOAD
For transporting construction plants and/or materials with abnormal weight and
dimensions, submission to Transport Department for the approval of the abnormal load
routing is required.
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21.16 MAINTENANCE OF EXISTING HIGHWAY
The arrangement on the maintenance of existing highway network within the project
sites is given in Chapter 15 of the Maintenance Administration Handbook published by
Highways Department.
21.17 THE CASE ON ENTRUSTMENT OF WORKS

(Ref: SETW’s memo ref. (008BT-01) in ETWB (W) 830/31/01 dated 12.7.2004,
Audit Recommendation on Public Works Contracts)
(1) There has been an experience that department A planned to entrust some works to
department B, but owing to delay in funding approval, the entrustment was not
effected. After the funding approval, the two departments agreed to coordinate the
works of their separate contractors by sequential possession of site.
(2) Finally, there were some delayed possession of sites resulting in delay to works,
extension of time (EOT) and payment of prolongation costs.
(3) The departments concerned should take remedial actions to deal with delay in
completing works in situations where possession of sites cannot be given to
contractors on time owing to delays caused by other parties. The remedial actions
may include:
Entrusting the outstanding works to the other parties; or
Deleting the outstanding works from the contracts and employing term
contractors to carry out the works upon possession of the sites.
21.18 CONTROL OF CONTRACT PRELIMINARIES FOR ONGOING

CONTRACTS
(Ref: SETW’s memo ref. (00NKG-01-2) in ETWB(W) 925/50/01 dated 27.5.2005,
Assignment No. 27/2004 - Assignment Report on Control of Contract Preliminaries)
(1) Central acceptance and distribution of contract preliminary items
All contract preliminary items shall be provided to the office of the Engineer's
Representative for central acceptance and distribution. The Engineer's Representative
shall designate different officers to be responsible for the acceptance and distribution
of the items. The Engineer for the Contract shall request the Contractor not to provide
the items directly to an individual member of the site supervisory staff.
(2) Avoid buying preliminary items from the contractor
Works departments/Engineer's Representatives should issue a notice to all staff

that they should not purchase contract preliminary items from the Contractor during or
after the contract period in order to avoid any perceived or actual conflict of interest.
Contract preliminary items refer to non-works items such as computers, mobile phones,
personal protective equipment and contract transport, etc. provided for the use of the
“Architect/Engineer” and his staff to facilitate implementation of the project.
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Works departments/Engineer's Representatives should issues a notice to all

staff and it should be displaced on the notice board of every site office and re-
circulated annually.
21.19 MEASURES TO PREVENT ILLEGAL EXTRACTION OR IMPORTATION

OF BOULDERS/COBBLES/PEBBLES
All works departments, government consultants and contractors should pay more
attention to ensure legality of natural boulders/cobbles/pebbles. In case of doubt, they should
take prompt actions to clarify whether the materials are legal, and to report immediately to
the relevant authorities if any illegal acts are suspected
21.20 DESIGN AND BUILD CONTRACT
For administration of design and build contracts, reference should also be made to the
“Administrative Procedures for Use with General Conditions of Contract for Design & Build
Contracts” which can be found in ETWB’s web site.
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22. REFERENCES
PWD TC 14/73 Discovery of Antiquities etc. by the Public Works Department
LWB TC 11/84 Contract Transport
LWB TC 13/84 Application for Temporary Utility Supplies in Advance of the

Commencement of the Contract
LWB TC 14/85 Extension of Time for Completion of Contracts
LWB TC 27/85 Note to Engineers and Architects on the Assessment of Contract

Completion Times and Grant of Extensions of Time in Relation to
Inclement Weather in the 1985 Conditions of Contract
LWB TC 7/87 Minimum Amount of an Interim Payment
WB TC 3/89 Opening Ceremonies for Public Works Projects
WB TC 8/92 Note to Engineers and Architects on the Assessment of Contract

Inclement Weather in the General Conditions of Contract (1990
Edition)
WB TC 13/92 Independence of the Engineer and Referral of Variations and Other

Commitments
WB TC 28/92 Damage to Crops and Property on Agricultural Lands
WB TC 2/93 Public Dumps
WB TC 2/93B Public Filling Facilities
WB TC 10/93 Note to Engineers and Architects on the Assessment of Contract

Inclement Weather in the General Conditions of Contract (1990
Edition) The Effect of Rainstorm, Landslip and Flood Warnings
WB TC 11/93 Construction Site Security
WB TC 19/93 Filing Practice for Works-Contracts
WB TC 36/93 Final Account Certificates for Final Payment and Certificates for
Re-entered Contracts
WB TC 14/94 Use of PFA as General Fill in Reclamations
WB TC 10/95 Importation of Sand from the People’s Republic of China by Barges
WB TC 10/95A Additional Requirements Concerning Barge Routes and Third

Party Insurance
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WB TC 11/95 Construction Site Safety Manual
WB TC 16/96 Wet Soils in Public Dumps
WB TC 3/97 Independent Checking of the Design, Erection, Use and Removal

of Temporary Works
WB TCs 4/98 & 4/98A Use of Public Fill in Reclamation and Earth Filling Projects
WB TC 13/98 Liaison with Labour Department and Marine Department on

Construction Site Safety Matters
WB TC 14/98 Construction Site Safety Manual - Updating of Chapter 3 and

Introduction of Chapter 12
WB TC 26/98 Deletion of extensions of time for inclement weather
WB TC 4/99 & Construction Mediation Rules (1999 Edition) and Administrative

ETWB TCW 4/99A Guidelines
WB TCs 16/99, Contractual and Financial Procedures for Determination of the

16/99A, 16/99B & Contractor’s Employment
ETWB TCW 16/99C
WB TC 21/99 Construction Site Safety Manual - Updating of Chapters other than

Chapters 3 and 12
WB TC 27/99 Environmental Impact Assessment Ordinance - Particular

Specification Clause
WB TC 32/99 Second Stage of the Independent Safety Audit Scheme (ISAS)
WB TC 7/2000 & Electronic Drawings

ETWB TCW 7/2000A
WB TC 9/2000 Registration and Updating of the Catalogue of Slopes
WB TC 12/2000 Fill Management
WB TC 13/2000 Deed of Assignment of Contractor’s Financial Benefits
WB TC 14/2000 Usage of Public Works Laboratories in Public Works Projects
WB TC 16/2000 Provision and Collation of Land Survey and Mapping Data
WB TC 22/2000 Enhanced Quality Supervision and Assurance for Pile Foundation

Works
WB TC 26/2000 Score Card for Assessment of Site Safety Performance
WB TC 30/2000 Construction Site Safety Manual - Second Updating of Chapters 3

and 12
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WB TC 11/2001 Interim Certification after Determination of the Contractor’s

Employment
WB TC 12/2001 Safety Training for Departmental Staff and Resident Site Staff
WB TC 20/2001 Geotechnical Information Unit
WB TC 4/2002 Independent Auditing for Prevention of Sub-standard Works in

Public Works
WB TC 6/2002 & Enhanced Specification for Site Cleanliness and Tidiness

ETWB TCW 6/2002A
WB TC 9/2002 Technical Audits on Consultancy Agreements
WB TC 13/2002 Employment of Qualified Tradesmen and Intermediate Tradesmen

by Contractors of Public Works Contracts
WB TC 14/2002 Management and Maintenance of Natural Vegetation and

Landscape Works, and Tree Preservation
WB TC 15/2002 Contract Advisers and Technical Audits on Works Contracts
WB TC 19/2002 Mass Transit Railway Protection
WB TC 21/2002 Trip-ticket System for Disposal of Construction and Demolition

Material (for contracts for which tenders are invited before 1
February 2005)
WB TC 24/2002 Contractors’ Performance Index System
ETWB TCWs Geotechnical Control for Slopes and Retaining Walls

29/2002 & 29/2002A
ETWB TCW 30/2002 Implementation of Site Safety Cycle and Provision of Welfare
Facilities for Workers at Construction Sites
ETWB TCW 33/2002 Management of Construction and Demolition Material Including

Rock
ETWB TCW 34/2002 Management of Dredged/Excavated Sediment
ETWB TCW 47/2002 Management of Sub-contractors by Contractor
ETWB TCW 50/2002 Contractors’ Joint Ventures
ETWB TCW 53/2002 Manual for Technical Audits on Works Contracts
ETWB TCW 57/2002 Quality Assurance for Structural Concrete

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ETWB TCWs 2/2003, Regulating Action where a Serious Incident has or Site Safety or
2/2003A, 2/2003B & Environmental Offences have occurred on a Construction Site
2/2003C
ETWB TCW 3/2003 Monthly Return of Site Labour Deployment and Wage Rates for
Construction Works
ETWB TCW 4/2003 Assessment of Liquidated Damages
ETWB TCW 12/2003 Employment of Technician Apprentices and Building and Civil
Engineering Graduates by Contractors of Public Works Contracts
ETWB TCW 13/2003 Guidelines and Procedures for Environmental Impact Assessment
of Government Projects and Proposals
ETWB TCW 14/2003 Role of Departmental Safety and Environmental Advisor on

Health, Safety and Environmental Protection on Construction Sites
ETWB TCW 15/2003 Waste Management on Construction Sites
ETWB TCW 18/2003 Substitution of Listing Status and Transfer of Benefits and
Obligations of Contracts
ETWB TCW 21/2003 Contract Price Fluctuation System for Civil Engineering and
Building Contracts
ETWB TCWs Additional Measures to Improve Site Cleanliness and Control

22/2003 & 22/2003A Mosquito Breeding on Construction Sites
ETWB TCW 24/2003 Permanent Reinforced Fill Structures and Slopes
ETWB TCW 26/2003 Post-Completion Review on Major Consultancy Agreements and

Major Works Contracts under Public Works Programme
ETWB TCW 29/2003 Confidentiality Clauses in Works Contracts and Consultancy

Agreements
ETWB TCW 30/2003 Control of Client-Initiated Changes for Capital Works Projects
ETWB TCW 33/2003 West Rail Protection
ETWB TCW 4/2004 Checking of Foundation Works in the Scheduled Areas of

Northwest New Territories and Ma On Shan and the Designated
Area of Northshore Lantau
ETWB TCW 8/2004 Tender Evaluation of Works Contracts
ETWB TCW 11/2004 Cyber Manual for Greening
ETWB TCW 12/2004 Computer Facilities for Works Contracts

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ETWB TCW 13/2004 Engagement of Sub-contractors registered from Voluntary Sub-

contractor Registration Scheme
ETWB TCW 17/2004 Impossibility/Unforeseen Ground Conditions/Utility Interference
ETWB TCW 20/2004 GEO Checking Certificate for Slopes and Retaining Walls
ETWB TCW 23/2004 Right of the Employer to terminate for convenience and Risk
allocation with respect to changes in law
ETWB TCW 25/2004 Contractors’ Designs and Alternative Designs
ETWB TCW 29/2004 Registration of Old and Valuable Trees, and Guidelines for their
Preservation
ETWB TCW 31/2004 Trip Ticket System for Disposal of Construction and Demolition
Materials (for contracts for which tenders are invited on or after 1
February 2005)
ETWB TCW 2/2005 Capital Works or Maintenance Works (including Tree Planting)
Within or Adjacent to the Kowloon-Canton Railway (Hong Kong)
Section, Tsim Sha Tsui Extension and Ma On Shan Rail
ETWB TCW 4/2005 Monthly Return on Construction Site Employment Statistics
ETWB TCW 9/2005 Contractor Management Handbook - Revision B
ETWB TCW 15/2005 Geotechnical Control for Tunnel Works
ETWB TCW 19/2005 Environmental Management on Construction Sites
ETWB TCW 20/2005 Upward Reporting of Major Emergency Incidents from Works
Departments
AC 9/2005 Proper Maintenance and Retention of Accounting Books and

Records
FC 23/82 Procedures for the Financial Control of the Capital Works Reserve
Fund
FC 11/89 Procedures for Making Changes to the Approved Estimates of

Expenditure
FC 1/2004 Responsibility of Controlling Officers
FC 10/97 WTO Agreement on Government Procurement
FC 6/2000 Powers of Write-off, Public Finance Ordinance: Section 38
GC 4/99 Application of Environmental Legislation to the Government

7.121 2006 Edition
HyD TC 2/2003 As-constructed Drawings and Design Calculations for Highway

Structures
DSD TC 3/2005 Guidelines for Hand-over of Completed Works to Operation and

Maintenance Parties
Lands Administration Office Technical Circular No. 737 -

Excavation in Unleased Land other than Streets under Land (Miscellaneous Provisions)
(Amendment) Ordinance 2003 (LMPAO)
S for Tsy’s memo ref. (28) in FIN 65/43/5/127 III dated 30.12.92
S for W’s memo ref. WB(W) 206/32/5(97) dated 30.12.97
S for W’s memo ref. WB(W) 224/32/07 dated 6.3.99
DEP’s memo ref. Annex (1) to EP1/P/03 dated 29.11.99
S for W’s memo ref. WB(G) 117/118 III dated 25.4.2000
CHE/R&D’s memo ref. HRD 10/2/1 dated 31.5.2000
S for W’s memo ref. (92) in WB(G) 117/118 III dated 29.1.2001
S for W’s memo ref. (24) in WB(W) 250/32/76 Pt. 1 dated 14.6.2001
SETW’s memo ref. ETWB(W) 272/31/19 dated 23.8.2002
SFST’s memo ref. (21) in FT 51/88 Pt. 3 dated 5.9.2002
SFST’s memo ref. FIN CR1/6/581/87(02) Pt.65 dated 12.9.2002
SETW’s memo ref. (6) in ETWB(W) 545/83/02 dated 7.3.2003
SETW’s memo ref. (008BT-01) in ETWB (W) 830/31/01 dated 12.7.2004
SETW's memo ref. (00NKG-01-2) in ETWB(W) 925/50/01 dated 27.5.2005
SETW’s memo ref. (00VB3-01-10) in ETWB(PS)109/11/1 dated 15.11.2005
(* The Departmental Contract Adviser or the officer concerned should be approached if copies of
the above memos are required.)
7.122 2006 Edition
APPENDIX 7.1 CONSENT TO ERECT TEMPORARY STRUCTURE ON

CONTRACT WORKS SITE
(One consent to be issued for each temporary structure)
(This form is only to be used for cases where works sites
cannot be defined in the contract documents)
File Ref. .....................
HIGHWAYS/CIVIL ENGINEERING/TERRITORY DEVELOPMENT/

DRAINAGE SERVICES/WATER SUPPLIES DEPARTMENT
................... Region/Division ....................... Department/Office

Contractor ...........................................................
Contract No. .........................................................
Approval is hereby given to erect the following temporary structure for the purpose of
carrying out the above Contract:
Location:
Size and Description:
This consent expires on ..............................
#Signature ......................................................
Name (in Block Letters) .................................
Title ................…............................................
Telephone No. ...............................................
Date ................................................................
Distribution
Contractor (original + copy) - The original to be affixed to the temporary structure in most
convenient position and the copy to be retained as office
record
Issuing office of *HyD/CEDD/DSD/WSD
*Clearance Division, Housing Department
*Relevant District Office
Filed in Site record book
# by Engineer or by ER with delegated authority

* Delete where inapplicable
7.123 2006 Edition
APPENDIX 7.2 DRAINAGE TESTING FORM

Testing of Gravity Pipelines for Drainage Works (GS Clause 5.101)
Location : Date :
Internal Diameter of Pipe : D (m)
Length of Pipeline : L (m)
1. AIR TEST (Test for Pipeline of all Diameter)
Initial water head in glass U tube : 100mm
Final water head in glass U tube : mm ( not less than 75mm is a pass)
Test duration : 5 mins. ( to )
2. WATER TEST (Test for Pipeline of all Diameter)
Pipeline filled up with water at :
Pressure Head above the soffit of the pipe at the high / low end :
Test started at : Time Time Elapsed Amount of water added

(min) (litre)
Test completed at : T :______ (mins.) 0
5
Permitted Leakage = D x L x T/60 litres 10
15
: litres 20
25
Amount of water added : litres 30
Testing pressure : 1.2m head of water above soffit of pipe at high end
(and less than 6m head of water at the invert of the low end of pipe.)
3. VISUAL INSPECTION (for Pipeline exceeding 900mm diameter)
4. INFILTRATION TEST (for Sewage Pipelines of all diameter BS 8005 : Part 1 Clause 13.6)
5. Remarks
Test Result : PASSED / FAILED Recorded By :
For ( ) Contractor For Engineer's Representative

APPENDIX 7.3 SAMPLE PROGRESS CHART
Percentage
Critic Path
al
( TITLE OF CONTRACT ) 0 10 20 30 40 50 60 70 80 90 100
Programme
Progress
CONTRACT NO.
Time Line 40 Percentage of work done to time shown
PROGRESS CHART FOR 20
2003 2004 2005
DESCRIPTION
MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR
1 7 16 24 39 54 66 75 83 91 100
Excavation
6 10 27
15 24 34 44 54 64 74 82 91 100
Retaining Walls
12 33 43
9 18 27 35 44 53 62 71 80 89 100
Filling
6 32
Completion Date 23rd October

5 43 80 100
Piling
9 55 100
Pile Caps
7.124
13 46 80 100
Columns
34 67 100
Capping Beams
29 57 86 100
Precast Beams -
Cast
39 78 100
Precast Beams -
Placed
2004
25 75 100
Concrete Decks
6 15 24 34 42 51 62 72 81 91 100
2006 Edition
Concrete Subways
8 16 24 32 40 48 56 64 72 80 88 95 100
Drainage
3 6 9 15 21 28 35 42 48 55 62 69 75 82 89 95 99 100
Road Works &
Finishes
7.125 2006 Edition
APPENDIX 7.4 INCLEMENT WEATHER REPORT FORM

Contract No. Date :
1. Rainfall recorded by the nearest rain gauge maintained by the Hong Kong Observatory
within 24 hours ending 12:00 midnight : mm
2. Records of weather conditions and Works affected (see below for legends):
a.m. noon p.m.

Time
7 8 9 10 11 12 1 2 3 4 5 6 7
Weather
condition
Works affected
3. Number of workers : (a.m.) / (p.m.)
4. Proposed activities :
5. Actual activities :
6. Was the work on the critical path of the works programme? YES / NO
7. Was the Contractor ready to work had weather conditions been favourable? YES / NO
8. Were delays caused by any other reasons? YES / NO

(If YES, state the reasons in "Remarks")
9. Did the Contractor take any measures to minimize the effects of the inclement weather?YES / NO
10. How long did it take to tidy up afterwards? hours / days
11. Remarks :
No. of day(s) Initial
Contractor's claim
Recommendation
Prepared by : Countersigned by :
Designation : Designation :
Legend : Weather conditions Works affected

L - Light rain A - Slightly affected
H - Heavy rain B - Seriously affected
S - Strong wind C - All works stopped
O - Others to be specified
7.126 2006 Edition
APPENDIX 7.5 SITE INSTRUCTION FORM
SITE INSTRUCTION
CONTRACT NO.
FROM TO
SITE INSTRUCTION NO. DATE

FILE REF. COPIES
Drawing/sketch attached : _____________________________________________
______________________
Engineer’s Representative
Received by :
______________________
Contractor’s Representative
Date : _________ Time : _________

NB : Top copy - White - File Record
Duplicate - Yellow - Contractor
Triplicate - Green - Remain in book
7.127 2006 Edition
APPENDIX 7.6 DAYWORKS DAILY RECORD FORM
Contract No. ______________ Site Instruction No. __________________________

Date ____________________ Sheet No. __________________________________
Description and location of work _______________________________________________________

__________________________________________________________________________________
LABOUR
Normal Working Time Overtime
B.O. Trade of Total
Item Labour No. Working Hours per Total Working Hours per Total
time man hours time man hours
PLANT
B.Q. Working Hours per Additional Hours (for plant Total
Item Description of Plant Total No. time plant specially brought on Site) hours
MATERIAL
B.Q. Item Description of Material Unit Quantity
Record agreed by : __________________ Submitted by : ___________________

Designation : __________________ Designation : ___________________
N.B. Top copy – White – Daily Record

Duplicate – Yellow – Contractor’s copy
Triplicate – Green – I.P. File copy
APPENDIX 7.7 DAYWORKS MONTHLY SUMMARY FORM
Contract No. _________________ Month ____________ Dayworks Order No. ____________ Amount included in
Payment Certificate No. __________________
Description and location of work __________________________________________________________
_____________________________________________________________________________________ Certified by _______________
Approved by ______________
Designation: ______________Designation: ______________
LABOUR Daily Hours Total Rate Amount

Item No. Class Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Hours $ $ C
TOTAL
LABOUR COST
7.128
PLANT Daily Hours Amount
Total Rate
Item No. Class Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Hours $ $ C
TOTAL
PLANT COST
MATERIAL Amount
Item No. Date Description $ C
2006 Edition
TOTAL
MATERIAL
COST
APPENDIX 7.8 INVENTORY RECORD FORM FOR FURNITURE AND EQUIPMENT WHICH SHALL BE
RETURNED TO THE CONTRACTOR
CONTRACT NO : ________________ CONTRACTOR : __________________________________________________________

CONTRACT TITLE : _____________________________________________________________________________________________
Reference Acknowledge receipt in Good Order by Government Staff Acknowledge Return by Contractor
Detail Description of Items
Clause No. Name Designation Signature Date Name Signature Date
7.129
2006 Edition
Original Engineer's Copy Note : Both copies of the inventory shall be updated and signed immediately
Duplicate Contractor's Copy after an item is delivered to site or returned to the Contractor
7.130 2006 Edition
APPENDIX 7.9 INSPECTION/SURVEY CHECK REQUEST FORM
Contract No. ______________________ Request No. ________________________
To Engineer’s Representative
This is a new submission/re-submission (previous request no. )*
(1) Location of work Date & Time

(2) Work to be Inspected/ Surveyed
(3) Work Proposed after Approval of (2)
(4) Remarks (if this is a re-submission
state work carried out since last
inspection/survey)
REQUESTED BY : _______________ TIME : ______________

DESIGNATION : _______________ DATE : ______________
Received by ER/IOW* TIME : __________ DATE : _______________

NAME : __________ SIGNED : __________
Filled in by ER/IOW* Mr. : __________ Please arrange inspection/check setting out*
SIGNED : __________ DATE : _______________
Filled in by Inspector/Surveyor*
Work outlined in (2) above has been inspected/surveyed*. Permission to carry out proposed work
outlined in (3) above is given/not given* for the following reason(s):
_____________________________________________________________________________
_____________________________________________________________________________
This in no way limits or alters the Contractor's obligations under the Contract.
Form is returned to the Contractor at time stated below.
SIGNED : __________________________ TIME : ______________

DESIGNATION : ____________________ DATE : ______________
# COUNTERSIGNED : ______________ TIME : ______________
DESIGNATION : _________________ DATE : ______________
Received on behalf of Contractor by
NAME : _______________________ TIME : ______________

SIGNED : _______________________ DATE : ______________
N.B. Top copy – E.R.

Duplicate – Contractor
* Delete where inappropriate
# Countersigned by Resident Engineer may be required for critical items
APPENDIX 7.10 CONCRETE TEST CUBE REGISTER
(to be kept in a book)
Contract No. _____ Concrete Grade _____ Batching _____ Cement Brand _____ Additives _______ Coarse Agg. Source ________ Fines Source ________
28-day Results Average

Request Date Standard Remarks
Compliance four Compliance Compliance
Form of Location Deviation (Follow-up
Slump (Y/N) Test Compressive consecutive Criteria (Y/N)
No. Cast Cube Date of Age Density Test (N/mm2) action)
(mm) Certificate Strength results
Mark Test (days) (kg/m3) Result
No. (N/mm2)
7.131
2006 Edition
Note : Please refer GS Clause 16.61 for compliance criteria for compressive strength of designed mix concrete.
7.132 2006 Edition
APPENDIX 7.11 FIELD DENSITY DETERMINATION FORM

Test Request No. :
Date test commenced : Date test completed :
Scope of test : a) Determination of the insitu bulk density and insitu dry density of soil by the sand
replacement method suitable for fine-and medium-grained / fine-, medium-and coarse
grained* soil (with small / large* pouring cylinder in accordance with Test No. 9.2.1/9.2.2*
of GEO Report No. 36 (PWLTM SOL 8.1(a)/8.1(b)*)
b) Determination of relative compaction of fill material in accordance with PWLTM SOL 8.6
is / is not* required.
Weather and environment conditions at time of test:
Pouring No. Mass of In cylinder before pouring, m1 (g) Bulk density
(Mg/m3)
cylinder Dia. sand In cone & tray opening, m2 (g) of sand
I.D. no. of sand storage container:
Laboratory compaction test ref. No.(2)
Lab test position no.
Client test position no.
Container no.
Mass of container (g)
Mass of soil excavated + container (g)
Mass of remaining sand (g)
Nature Assumed density Mass of particles retained on 37.5 mm sieve
Rock (g) (Mg/m3)
Concrete (g) (Mg/m3)
Brick (g) (Mg/m3)
Nature Assumed density Cumulative Mass of particles retained on 20 mm sieve
Rock (g) (Mg/m3)
Concrete (g) (Mg/m3)
Brick (g) (Mg/m3)
Moisture content determination:
Oven I.D. no. Drying temperature Balance I.D. no.
Lab specimen no.
Container no.
Date/Time
Initial
Mass of container m1 (g)

Mass of soil + Container m2 (g)
0.1% of soil mass (m2-m1)/1000 (g)
Cycle of drying
Date/Time
1
Mass of soil + Container (g)
Date/Time
2 Mass of soil + Container (g)
Difference in successive weighing (g)
Date/Time
3 Mass of soil + Container (g)
Difference in successive weighing (g)
Final(3) Mass of soil + Container m3 (g)
□ Record Sheet of Drying Activities attached.
Notes:
(1) *Delete as appropriate.
(2) Control sample for Laboratory compaction test was checked in accordance with PWLTM SOL 8.6 by:
(3) Final reading as transferred from the last records of drying activities if Record Sheet of Drying Activities, where appropriate.
Remarks:
1. Calculation of test results should refer to the attached computer printout, where appropriate.
Tested by Checked by
Name Name
Post Post
Date Date
PWL SOL 8.1(A)W AUG 2003
7.133 May 2006 Edition
APPENDIX 7.12 SOIL COMPACTION TEST SUMMARY FORM
Contract No. ________________________

Period : _____________ to _____________
Fill Slope/Road Formation/_____________
Test Results
+ #
Location Depth below
Date of Test In-situ dry Max. dry Relative Remarks
in the Works surface
density density Compaction
(m)
(Mg/m3) (Mg/m3) (%)
Note : + All in-situ densities are measured using the sand replacement method
(Test 15(A) or (B), BS 1377) unless otherwise stated
# Test 12 Standard Method, BS 1377 unless otherwise stated
* Delete or describe as necessary
APPENDIX 7.13 BAR BENDING SCHEDULE
OFFICE / DIVISION DEPARTMENT

CONTRACT NO. BAR SCHEDULE AMD
NO.
TITLE
DRAWING NO.
Location and Type No. of No. in

* * * * * Length of Total Mass/metr Total
A B C D E/R
Bar Total Shape code each bar length
member and members each mm mm mm mm mm # e mass
mark No. mm M % %
Size kg kg
7.134
Prepared Designati Date Checked Designati Date Amendments
Legends by on by on
2006 Edition
* specified to nearest 5 mm
# specified to nearest 10 mm
% specified to two decimal places Note: This Schedule is prepared for the Contractors’ guidance only. The Contractor shall be responsible for
checking all dimensions of reinforcement on the Site and/or from the drawings and no claim will be
allowed in respect of any inaccuracies in this Schedule.
7.135 2006 Edition
APPENDIX 7.14 TENSIONING RECORD FORM FOR PRESTRESSED

STRUCTURE
Contract No. ________________________ Member No. _____________________________

Location ________________________________________________________________________
Date Cast _____________________ Date of tensioning/transfer _______________________
Test Cube Record Sketch
At transfer
Date tested
Cube strength (i)
(ii)
(iii)
Average strength
Specified strength
Tensioning Record
Load (Kg) Extension (mm) Anchorage pull-in (mm)

Strand or
Tendon Specified Measured Calculated Discrepancy % Assumed Measured
Wire
Remark:
_____________________________________________________________________________
_____________________________________________________________________________
Recorded by: ________________________ Designation: ___________________________

APPENDIX 7.15 RECORD FORM FOR BITUMINOUS MATERIALS DELIVERED TO SITE
Type of Bituminous Material ___________________________________ Quarry Order No. _______________________________________

Contract No. ______________________ Date ___________________ Weather _______________ Temperature ______________°C
Time Temperature °C
Source of Delivery
Location Lorry No. Remarks
Supply Chit No. Left Quarry Arrived Site Departed Site At Mixing Plant On Arrival When Placing
7.136
2006 Edition
Recorded by Designation:
APPENDIX 7.16 DRAINAGE PIPELINE WATER TEST RECORD FORM
Contract No. _________________________ NOTE : Diameter (mm) 150 225 300 375 450
Date ________________ Test No. ________________ Drop permitted per 30 m (mm) 100 625 48 60 72
(a) (b) (c) Actual drop

Location Drop Remarks
per 30 m
(refer to attached permitted Result (including
Date Reading at Reading after (c)-(b) x 30 date of re-test
sketch) Diameter Length (a) per 30 m
commencement 20 minutes (mm) if any)
From To (mm) (m)
(mm) (mm) (mm)
7.137
2006 Edition
Received by: Designation:
7.138 2006 Edition
APPENDIX 7.17 BEARING AND EXPANSION JOINT PERFORMANCE

RECORD FORM
Performance Report on Completion of Works by

Approved Specialist Contractors for Bearings and
Expansion Joints for Highways Structures
1. Contract No. :
2. Project Title :
3. Name of Consultant/A.P./Engineer :
4. Name of Main Contractor :
5. Approx. Value of Bearings (including installation cost) : HK$
6. Approx. Value of Expansion Joints (including installation cost) : HK$
7. Details of Bearings :
Name of No. of
Name of Type# & Location Standard of Standard of
Specialist Bearings
Manufacturer Model No. (See Note 1) Material Installation
Contractor Installed
Objective Comments : (See Notes 2-4 for Requirement)
(PLEASE_USE_ADDITIONAL_SHEET_IF_NECESSARY)
8. Details of Expansion Joints :

Name of No. (Length)
Name of Type## & Location Standard of Standard of
Specialist of Expansion
Manufacturer Model No. (See Note 1) Material Installation
Contractor Joints Installed
Objective Comments : (See Notes 2-4 for Requirement)
(PLEASE_USE_ADDITIONAL_SHEET_IF_NECESSARY)
7.139 2006 Edition
Prepared By :
Signed :
Name :
Post : PROJECT ENGINEER/ RESIDENT ENGINEER*

(* Delete where appropriate)
Date :
Notes : 1. The location of bearings / expansion joints should be specific ( e.g. by using chainage system,
movement joint no. or column/pier no. ) and cross reference to the as-built record. If possible,
separate location plans should be enclosed.
2. Description of movement for expansion joints and bearings performed during defects liability
period.
3. The comments should included records of movements over one cycle of seasonal change (quarterly)
and permissible movement range.
4. To comment on the performance whether the installed components have been performing as
designed.
5. Submission of catalogues for bearings and expansion joints is required.
# ##
Bearing Type Joint Type
Rocker Bearing ACME Trojan TR-300 Glacier-VSL

Roller Bearing ACME Trojan TR-400 Honel-132 FB
Knuckle Bearing ACME MSB 600 Honel-132 FS
Leaf Bearing ASPHAPOL BURIED Joint Honel-161 NFS
Sliding Bearing Britflex BEJ Joint Honel-162 NFS
Elastomeric ( Rubber ) Bearing BEJ Expansion Joint MAGEBA Expansion Joint
Pot ( Disc )Bearing CIPEC Wd80 MAURER-Modular Expression
Strip Bearing CIPEC Wd110 Joint
Laminated Bearing CIPEC Wd160 Onflex 25 with Aluminium
Panel
Plain Pad Bearing CIPEC Wd230
Onflex 25 with Elaston Panel
Mechanical Bearing : Reston CIPEC WP180
Onflex 35 with Aluminium
Mechanical Bearing : Maurer- CIPEC W50
Panel
Spherical CIPEC W110
Onflex 45 with Aluminium
Mechanical Bearing : Maurer- CIPEC W160 Panel
Pot
CIPEC W200 SHO-BOND A-1
Mechanical Bearing : PSC Disc
CIPEC W250 SHO-BOND A-2
( Pot )
CIPEC WOSd SHO-BOND A-3
Elastomeric Bearing :
Compression Sealant SHO-BOND New Cut-off Joint
Reinforced Elastomeric
Compressive Rubber WABO Modular Joint
Elastomeric Sliding
Felspan Expansion Joint WABO Stripseal System
Laminated and Pain Rubber
FREYSSI P30 Joint WSF Series of Expansion Joint
Lasto Elastomeric Bearing
FREYSSI P50 Joint WSL-VSL
Rubber-Metal-Technik (M)
SDN BHD FREYSSI P80 Joint ZEBRAFLEX Bridge Joint
Other (please specify) Glacier GBM Series Expansion Other (please specify)
Joint
(Please contact CHE/B&S, HyD for further information if necessary)
7.140 2006 Edition
APPENDIX 7.18 NOT USED

7.141 2006 Edition
APPENDIX 7.19 ENGINEER’S INTERIM PAYMENT CERTIFICATE

DEPARTMENT CONTRACT NO. / /
Title of
Contract.…………………………………………………………………………….………………….
Contractor ....................……...................................................................................................................
Address ...........................................................……................................................................................
Date of commencement .............................. Date/Extended date for completion ..........….............
________________________________________________________________________________
ENGINEER'S CERTIFICATION NO.
Payment to be made by ...........................

(1) Estimated value at ........................... of :
(a) Work done by Contractor $
(b) Nominated Sub-contractors’ work (see attached statement) $
(c) Materials on Site $
(d) Other sums due to Contractor $ ___________
Total Estimated Value $
(2) Deduct Retention Money ( percent/maximum) $
(3) Adjustment for Price Fluctuations (see back) Add/Deduct $ ___________
(4) Total $
=========
I certify that the total sum of the certificate is in accordance with the terms of Contract No. / / .
.............................................. ................................
( ) Date
Engineer's Representative
EMPLOYER’S STATEMENT FOR PAYMENT
(5) Engineer’s Certificate at (4) $

(6) Deductions
(a) Previous payments $
(b) Liquidated damages (see attached statement) $
(c) Value of materials supplied by Employer $
(d) Other deductions*
..............................................................…………………........ $________ $ __________
Net Sum Due for Payment : $
=========
Passed for payment ......................................... ............................
for Vote Controller : Name ............................ Date
Post ..............................
* State the contractual grounds for any such deduction
_________________________________________________________________________________
FINANCE DETAILS
Debit Expenditure Contract Sum $

User Code : Amount Authorised Change $ ___________
.......................$ Revised Sum $
.......................$ =========
Credit Deposits - Retention Money Authority ......................

User Code :
.......................$ Total gross payment to date $
(debit expenditure + retention money)
7.142 2006 Edition
CONTRACT PRICE FLUCTUATIONS
EFFECTIVE VALUE OF WORK
Total Estimated Value (see front) $
DEDUCT value of Nominated Sub-contractors’ work

(see front - item (1)(b)) $
DEDUCT value of work based on actual cost or

current price $
DEDUCT Effective Value of work completed to previous

Certificate No. ........... $ _________
Effective Value of work completed on this Certificate $

========
ADJUSTMENTS FOR PRICE FLUCTUATIONS
Price ** Contract Price

Certificate Effective Actual/
Fluctuation Fluctuation
No. Value (EV) On-account
Factor (PFF) (EV X PFF)
$ $
Current
Previous
1 to - - Actual
Total Adjustment for Price Fluctuations
** Calculation for any PFF not previously calculated is attached.

7.143 2006 Edition
APPENDIX 7.20 ENGINEER’S FINAL PAYMENT CERTIFICATE

Title of Contract ………………………………………………………………………………………
Contractor ........................................................……..............................................................................
Address ………………………………………………………………………………………………..
Date of commencement ……………………………………………………………………………….
Due Date/extended date for completion .................... Actual date of completion .................................
Payment to be made by ..................................

(1) Sum due under the Contract up to the date of the maintenance certificate:
(a) Work done by Contractor $
(b) Nominated Sub-contractors’ work (see attached statement) $
(c) Other sums due to Contractor* (see attached statement) $
(d) Adjustment for Price Fluctuations (see attached statement) $ ____________
Total $
===========
(2) Credit to the Employer up to the date of the maintenance certificate:
(a) Previous payments $
(b) Liquidated damages (see attached statement) $
(c) Value of materials supplied by Employer $
(d) Other sums to which the Employer is entitled*
(see attached statement) $____________ $ ____________
(3) Balance due from **Employer to Contractor/

**Contractor to Employer $
===========
I certify that the sum due under the Contract up to the date of the maintenance certificate and
the balance due from **Employer to Contractor/**Contractor to Employer are as stated in items (1)
and (3) respectively.
................................................. ........................................
( ) Date of Certification
Engineer
* State the contractual grounds for any such sums due and/or credits
** Delete where inappropriate

** The above balance due from Employer to Contractor is passed for Payment
** Demand Note No. ................ dated ................ in respect of the above balance due from Contractor
to Employer is issued.
for Vote Controller : Signature ..................... ................................

Name .......................... Date
Post ...........................
** Delete where inappropriate
FINANCE DETAILS
Debit Expenditure Contract Sum $
User Code: Amount Authorised Change $ _____________
………………$ Revised Sum $
===========
………………$
………………$ Authority ......................
Total gross payment to date $
(debit expenditure + retention money)
7.144 2006 Edition
CONTRACT PRICE FLUCTUATIONS
FINAL PAYMENT CERTIFICATE
EFFECTIVE VALUE OF WORK
Total value of work (see front – sum of items 1(a) and 1(c)) $
DEDUCT value of work based on actual cost or

current price $
DEDUCT Effective Value of work completed to previous

Certificate No. ………. $ __________
Effective Value of work completed on this Certificate $

========
ADJUSTMENTS FOR PRICE FLUCTUATIONS
Price ** Contract Price

Certificate Effective Actual/
Fluctuation Fluctuation
No. Value (EV) On-account
Factor (PFF) (EV X PFF)
$ $
Final
Previous
1 to - - Actual
Total Adjustment for Price Fluctuations
** Calculation for any PFF not previously calculated is attached.

7.145 2006 Edition
APPENDIX 7.21 VARIATION ORDER FORM
VARIATION ORDER NO. _______
Dear Sir,
Contract No. ___________

(Title)
In accordance with Clause 60 of the General Conditions of Contract, please carry out
the following:
(For example:
X/1. Additional reinforcement to walls as per enclosed Sketch No. ................
X/2. Extend surface water channel by approximately 3 m as indicated on Site.
X/3. Surface finish to all external walls of the Pumping Station to be mosaic tile.
X/4. Clean out the existing manhole adjacent to Gate No. 2.)
* In accordance with Clause 62(1) of the General Conditions of Contract, Items

Nos. ............. are to be executed on daywork basis.
Yours faithfully,
........................................................
Name/Designation of the Engineer
or Engineer’s Representative
c.c. *Engineer/Engineer’s Representative
* delete where inapplicable

7.146 2006 Edition
APPENDIX 7.22 STANDARD LETTER FOR VARIATION ORDER
VALUATION OF VARIATION ORDER NO. __________
Dear Sir,

(Title)
I refer to Variation Order No. ...................... dated ...................
In accordance with Clause 61 of the General Conditions of Contract, the rate(s) for
the following items of work in the said variation order shall be as follows:
Item No. Description Quantity/Unit Rate Amount

$ $
The above quantities are subject to re-measurement in accordance with the Contract.
* This valuation is/Items nos. .............. are based on prices current at the time of
tender and are subject to Contract Price Fluctuations.
* This valuation is/Items nos. .............. are based on prices current on the dates on
which the work was carried out and are not subject to Contract Price Fluctuations.
Yours faithfully,
.........................................................
The Engineer for the Contract
b.c.c. D of A )
Relevant Consultants’ Management Office ) with current
(for consultant-managed contracts) ) financial
Engineer’s Representative ) statement
STA (or responsible Accounts Officer), departmental headquarters )
SE/CA (or responsible Contract Adviser), departmental headquarters )
* delete where inapplicable

7.147 2006 Edition
APPENDIX 7.23 CURRENT FINANCIAL STATEMENT
Appendix to Valuation of Variation Order No. ..........
..................................... DEPARTMENT
.......................................... OFFICE/REGION/DIVISION
CURRENT FINANCIAL STATEMENT
(For internal use only, not to be issued to Contractor)
Current approved contract sum (C) _______________________

(Approval ref. ..................... dated ….............)
Anticipated final value of billed items ..............................................

Value of VOs issued ..............................................
Value of other sums certified to date (e.g. claims) ..............................................
CPF certified to date ..............................................
Sub-total (X) _______________________
Contingency available before issue of this valuation (P) = (C - X) ..............................................

Value of this valuation (V) ..............................................
* Contingency available after issue of this valuation (Q) = (P - V) ..............................................
Estimated value of other work not yet covered by

valuation of variation orders ..............................................
Anticipated value of outstanding claims ..............................................
Anticipated further sum against CPF ..............................................
Any other items (give details) ..............................................
Sub-total (Z) _______________________
# Anticipated further increase in contract sum (I) = (Z - Q) ……………………………..

Anticipated Final Contract Sum (F) = (C + I)
Note: The original contract sum was ..............................................

The original contingency was ..............................................
* if Q < 0, an increase in contract sum is required

# if Q > Z, I = 0
7.148 2006 Edition
APPENDIX 7.24.1
(Standard letter to be sent to the Contractor when the notice of claim under GCC
Clause 64(2) does not refer to the clause(s) upon which the claim is based)
Dear Sir,

(Title)
Notice of Claim
I acknowledge receipt of your letter ref. ………. dated …….. notifying me under
GCC Clause 64(2) of your intention to claim. However, as your letter does not state the
contractual provision upon which your claim is based and is not therefore considered as a
valid notice under GCC Clause 64(2), I am unable to consider your claim pursuant to GCC
Clause 64(5) unless the aforementioned contractual provision is given.
Yours faithfully,
.........................................................
c.c. SE/CA (or responsible Contract Adviser)

7.149 2006 Edition
APPENDIX 7.24.2
Clause 64(1) has not been served within the stipulated 28-day period)
Dear Sir,

(Title)
Notice of Claim
GCC Clause 64(1) of your intention to claim a higher rate than one notified by me to you in
my letter ref. ………. dated …….. pursuant to *GCC Clause 59(4)(b)/61(2)/84(4)(b).
As your notice has not been served on me within the 28-day period stipulated under
GCC Clause 64(1) and in accordance with GCC Clause 64(5), I am unable to consider your
claim.
Yours faithfully,
.........................................................

7.150 2006 Edition
APPENDIX 7.24.3
Clause 64(2) has not been served within the stipulated 28-day period)
Dear Sir,

(Title)
Notice of Claim
GCC Clause 64(2) of your intention to claim an additional payment.
According to my records, the event to which you refer occurred on ……….. In my

opinion, your notice has not been served on me within the 28-day period stipulated under
GCC Clause 64(2) and, in accordance with GCC Clause 64(5), I am unable to consider your
claim.
Yours faithfully,
.........................................................

7.151 2006 Edition
APPENDIX 7.24.4
(Standard letter to be sent to the Contractor when the notice of claim

has been served under GCC Clause 64(1).)
Dear Sir,

(Title)
Notice of Claim
GCC Clause 64(1) of your intention to claim a higher rate than one notified by me to you in
my letter ref. ………. dated …….. pursuant to *GCC Clause 59(4)(b)/61(2)/84(4)(b).
I acknowledge that your notice has been served within the 28-day period stipulated
under GCC Clause 64(1). The number ……. has been assigned to this claim and should be
referred to in all our future correspondence.
In accordance with GCC Clause 64(3), you are required to give me details of the
records you are keeping as may reasonably be necessary to support your claim. I would then
advise you of any additional records I wish you to keep and agree with the Engineer’s
Representative.
I have studied your claim and consider that a period of ….. days from the date of this
letter would be reasonable time within the meaning of GCC Clause 64(4) for the submission
of your first interim account. Further submissions should then be made at *monthly/(or other
as specified by the Engineer) intervals thereafter.
You are reminded that if you fail to comply with any of the above, I may consider
your claim only to the extent that I am able on the information made available to me as
stipulated under GCC Clause 64(6).
Yours faithfully,
.........................................................

7.152 2006 Edition
APPENDIX 7.24.5
(Standard letter to be sent to the Contractor when the notice of claim

has been served under GCC Clause 64(2).)
Dear Sir,

(Title)
Notice of Claim
GCC Clause 64(2) of your intention to claim an additional payment under GCC
Clause(s) …...
I acknowledge that your notice has been served within the 28-day period stipulated
under GCC Clause 64(2). The number ……. has been assigned to this claim and should be
referred to in all our future correspondence.
In accordance with GCC Clause 64(3), you are required to give me details of the
records you are keeping as may reasonably be necessary to support your claim. I would then
advise you of any additional records I wish you to keep and agree with the Engineer’s
Representative.
I have studied your claim and consider that a period of ….. days from the date of this
letter would be reasonable time within the meaning of GCC Clause 64(4) for the submission
of your first interim account. Further submissions should then be made at *monthly/(or other
as specified by the Engineer) intervals thereafter.
You are reminded that if you fail to comply with any of the above, I may consider
your claim only to the extent that I am able on the information made available to me as
stipulated under GCC Clause 64(6).
Yours faithfully,
.........................................................

7.153 2006 Edition
APPENDIX 7.25 STANDARD LETTER FOR CERTIFYING CLAIMS
Dear Sir,

(Title)
I refer your letter ref. ………. dated …….. and subsequent correspondence detailing
your claim for additional payment under Clause ……. of the General Conditions of Contract.
From the information made available to me, I have ascertained that payment in the
sum of ………….... is due to you in accordance with the above Condition of Contract.
This sum *is/is not subject to Contract Price Fluctuations.
Yours faithfully,
.........................................................
b.c.c. D of A
Relevant Consultants’ Management Office
(for consultant-managed contracts)
STA (or responsible Accounts Officer), departmental headquarters
SE/CA (or responsible Contract Adviser), departmental headquarters

7.154 2006 Edition
APPENDIX 7.26 WARNING LETTER PRIOR TO DETERMINATION OF

REGISTERED POST
CONFIDENTAL & URGENT
Dear Sir,

(Title)
I refer my letter(s) ref. ………. dated …….. (quote relevant correspondence).
I consider that insufficient corrective action has been taken and I hereby now require
you to (describe corrective action(s), e.g. remove unsatisfactory work, proceed with due
diligence, remove sub-contractors).
If after receiving this Notice you fail to so proceed, I shall after the expiration of 14
days (or more should any other time appear to be appropriate) from the date of this Notice
certify to the Employer that in my opinion you have failed to (correct the matter as set out
above) and shall advise the Employer to exercise the power of Clause 81 of the General
Conditions of Contract that of entering upon the Site and expelling you therefrom.
Yours faithfully,
.........................................................
7.155 2006 Edition
c.c. SFST
SETW (Attn: DS(W)2, PAS(W)3 & CTA(F))
LA(W), ETWB
D of A
D of DS }
DWS } Please provide, BY FAX and copied to
DEMS } CTA(F), ETWB, with details of all contracts
D Arch S } that your Department have with the above-
D of Hy } addressed Contractor for which further
DCED } payment has yet to be made by the
D of H } Employer under these contracts. Nil
DAFC } returns are required.
DHA }
DEP }
SE/CA (or responsible Contract Adviser)
STA (or responsible Accounts Officer)
Bondsman, Messrs. (Name) } By registered post
(Address)
7.156 2006 Edition
APPENDIX 7.27 RECOMMENDATION FOR DETERMINATION OF

CONFIDENTIAL
To *DCE/DHy/DTD/DDS/DWS
thro’ Government officer authorised to sign the Contract on behalf of the Government

(Title)
I hereby certify that on (quote relevant date) by letter ref. …………, I served upon
(insert Contractor’s name), the Contractor for the above works a written notice requiring him
to (detail what corrective action(s) was/were required) and that in my opinion he has failed to
do so.
Accordingly, I hereby recommend that pursuant to Clause 81 of the General

Conditions of Contract, 7 days notice in writing should now be given to the Contractor of
your intention to enter upon the Site and expel the Contractor therefrom.
I enclose herewith a notice of determination of Contractor’s employment for your

perusal and signature please. The notice of determination of Contractor’s employment has
been cleared with LA(W), ETWB.
.........................................................

7.157 2006 Edition
APPENDIX 7.28 NOTICE OF DETERMINATION OF CONTRACTOR’S

EMPLOYMENT
REGISTERED POST (OR BY HAND)

(Title)
To: (Contractor’s Name)
WHEREAS:
(1) By Articles of Agreement dated the …….. day of (month), (year) and
made between you as the Contractor and the Government of the Hong Kong
Special Administrative Region it was agreed that you would construct the
above Works for the consideration therein stated.
(2) By Clause 81 of the General Conditions of Contract annexed to and

incorporated with the said Articles of Agreement I am empowered to enter
upon the Site and the Works and expel you therefrom upon the Engineer
certifying in writing to me that in his opinion you have (detail the fault e.g.
failed to proceed with the Works with due diligence) and provided that I give
you 7 days notice in writing of my intention to enter upon the Site and the
Works and expel you therefrom.
(3) The Engineer has certified in writing to me that in his opinion you
have failed to (detail what was required in (2)).
NOW THEREFORE TAKE NOTICE that acting under the power reserved by Clause 81 of
the said General Conditions of Contract I will on the …….. day of (month), (year) at ….…
o’clock enter upon the Site and the Works and take the same entirely out of your hands and I
have authorised the Engineer to take possession of the Constructional Plant, Temporary
Works and materials on the Site and the Works on behalf of the Government of the Hong
Kong Administrative Region and the same shall be determined.
Dated the …….. day of (month) of (year).
___________________________________________
Director of *Civil Engineering & Development /
Highways / Drainage Services / Water Supplies
On behalf of the Government of the
Hong Kong Administrative Region

7.158 2006 Edition
c.c. (Urgent)
SFST }
SETW (Attn: DS(W)2, PAS(W)3 & CTA(F)) }
LA(W), ETWB }
D of A }
D of DS }
DWS } Please be advised that the above
DEMS } Contract contains set-off provisions
D Arch S } for recovery of monies due to the
D of Hy } Employer
DCED }
D of H }
DAFC }
DHA }
DEP }
C of IR }
(Relevant) CE(s)
(Relevant) SE(s)
(Relevant) E(s)
Bondsman, Messrs. (Name) } By registered post
(Address)
7.159 2006 Edition
APPENDIX 7.29 NOTICE TO BONDSMAN
REGISTERED POST
Dear Sir,

(Title)
I refer to the Bond dated ………. into which you entered as Surety for the above
Company in the sum of ……….. for the execution of the above Contract.
I wish to advise you that, pursuant to a notice served upon the above Company
advising them that (describe the reason), the Government of the Hong Kong Special
Administrative Region entered upon the Site and possessed the above Contract on (insert
time, day, month and year).
I am now in the process of re-letting the above Contract to ensure that the Works are
completed and upon such completion, I will finalise the account between the Government of
the Hong Kong Special Administrative Region and the above Company.
It is anticipated that the final account will show a balance due from the above
Company to the Government of the Hong Kong Special Administrative Region and in that
connection it may be necessary for the Government of the Hong Kong Special Administrative
Region to call upon your Company for payment under the terms of the Bond. I would
emphasis that this letter is not a demand for payment but serves only to put you on notice that
a claim under the Bond may be made on you in due course.
Yours faithfully,
____________________________________
(Designation of the Government Officer
authorised to sign contract on behalf of the
Government of the Hong Kong Special
Administrative Region)
.............................................Department
c.c. Contractor - (By registered post)

LA(W), ETWB
D of A
Relevant CE
7.160 2006 Edition
APPENDIX 7.30 REQUEST FOR EMPLOYING ANOTHER / TERM

CONTRACTOR TO CARRY OUT URGENT REMEDIAL
/ REPAIR WORKS
URGENT BY HAND
To *DCE/DHy/DTD/DDS/DWS
thro’ Government officer authorised to sign the Contract on behalf of the Government

(Title)
I instructed the Contractor, Messrs. ………. under my letter ref. …… dated ……..
(copy attached), to carry out *remedial/repair works which in my opinion were urgently
necessary for (give reason for the work, e.g. security, safety). The Contractor has failed to
take *any/appropriate action in this matter within the stipulated time and your authority is
hereby requested to take action under Clause 82(2) of the General Conditions of Contract to
remedy the situation.
After due consideration of all the pertaining factors, I am of the opinion that the most
expedient way of resolving the matter in hand will be to employ the *Term Contractor/the
Contractor Messrs. ………. to carry out the required remedial/repair work.
Upon receipt of your authority to the above, I will advise the Contractor,
Messrs. ………. of the action being taken and issue the necessary *order/instruction to the
Contractor, Messrs. ………. to complete the required *remedial/repair work.
.........................................................


7.161 2006 Edition
APPENDIX 7.31 LETTER INFORMING THE CONTRACTOR OF

EMPLOYING OTHERS TO CARRY OUT URGENT
REMEDIAL / REPAIR WORKS
BY REGISTERED POST (OR BY HAND)
Dear Sir,

(Title)
Notwithstanding my letter ref. ………. dated …….. requesting you to carry out
*remedial/repair works which in my opinion were urgently necessary for (give reason for the
work, e.g. security, safety), you have failed within the stipulated period to comply with such
request. Pursuant to Clause 82(2) of the General Conditions of Contract, I am obliged to take
immediate action in this regard by authorising the carrying out of the above works by others.
The works comprise ……………………………. and will be carried out by

Messrs. ………..
You are hereby reminded of your liability under Clause 82(2) of the General
Conditions of Contract that all additional expenses properly incurred arising therefrom shall
be recoverable under the Contract. All concerned works undertaken will be measured and
recorded separately. I will inform you on the actual expenses incurred as soon as it is
ascertained.
Yours faithfully,
.........................................................
c.c. * DCED/DHy/DDS/DWS (thro’ Government officer authorised to sign the Contract on

behalf of the Government)

7.162 2006 Edition
APPENDIX 7.32 CERTIFICATE OF COMPLETION IN RESPECT OF A

PART OF THE WORKS
Dear Sir,

(Title)
Certificate of Completion No. ….

in respect of a part of the Works
In accordance with Clause 53 of the General Conditions of Contract, I hereby certify

that the part of the Works as detailed in the attached Appendix and/or Drawing No. ……. was
completed on (date).
Yours faithfully,
.........................................................
c.c. D of A
Head of Office/Branch/Region
7.163 2006 Edition
APPENDIX 7.33 CERTIFICATE OF COMPLETION IN RESPECT OF A

SECTION OF THE WORKS
Dear Sir,

(Title)
Certificate of Completion No. ….

in respect of a Section of the Works

that Section ………..…. was substantially completed on (date).
Yours faithfully,
.........................................................
c.c. D of A
CTA(F), ETWB
7.164 2006 Edition
APPENDIX 7.34 CERTIFICATE OF COMPLETION OF THE WORKS
Dear Sir,

(Title)
Certificate of Completion of the Works

that the Works were substantially completed on (date).
* Two copies of the completed form “Release of Surety Bond” are attached herewith.
* Please return your Treasury Receipt for the security deposit amounting to ……….
so that arrangement can be made for its release.
Yours faithfully,
.........................................................
c.c. D of A
CTA(F), ETWB

7.165 2006 Edition
APPENDIX 7.35 CERTIFICATE OF RELEASE OF SURETY BOND

(Title)
RELEASE OF SURETY BOND
PART A Instruction to Contractor
To obtain the release of the surety bond for this Contract, please arrange to have one
copy of this form presented by your authorised representative to the Accounts
Division/Section, *CEDD/DSD/HyD/WSD HQ at
(Address of Accounts Division/Section, Departmental Headquarters)
Your representative should bring with him the certificate of completion issued for this
Contract, his HK Identity Card and your company chop.
In exchange for the surety bond your representative will be required to complete Part
B of this form which will be retained by *CEDD/DSD/HyD/WSD.
Instruction to Accounts Division/Section,*CEDD/DSD/HyD/WSD HQ
The certificate of completion in respect of this Contract was issued on (date) and the
surety bond in the sum of ……….… may now be released to the Contractor.
______________ __________________________
Date ( )
PART B Certification of Receipt by Contractor
I hereby certify that the surety bond for the above Contract was received by me today.
______________ _________________________________
Date Signature of Authorised Representative
(Name )
__________________________________
Name and chop of Contractor
Original – for Contractor’s presentation to departmental headquarters

Duplicate – for Contractor’s retention
Triplicate – for departmental headquarters
7.166 2006 Edition
APPENDIX 7.36 MAINTENANCE CERTIFICATE
Dear Sir,

(Title)
Maintenance Certificate of the Works

that you, as the Contractor for the above Contract, have completed your obligation to execute
the Works on (date).
Yours faithfully,
.........................................................
c.c. D of A
CTA(F), ETWB
7.167 2006 Edition
APPENDIX 7.37.1 ENGINEER’S CERTIFICATE FOR PAYMENT OF

RETENTION MONEY
(To be used where Nominated Sub-contractors are not engaged)
FORM A
Contract No. _________
Title of Contract: __________________________________________________________________
Contractor: _______________________________________________________________________
Address: _________________________________________________________________________
Date of issue of Maintenance Certificate: _______________________________________________
ENGINEER’S CERTIFICATE FOR PAYMENT OF RETENTION MONEY
I hereby certify the payment of Retention Money in the amount of $____________________.
__________________________. ___________________
(1) Retention Money due $

(2) *Deductions:
(i) $
(ii) $ $ _________________
Net sum due for payment: $

===============
Payment to be made by ________________ (state deadline date for payment to Contractor)
Passed for payment Signature: _________________ Date: ______________

for Vote Controller: Name: ____________________
Post: _____________________
* List new deductions after the last interim payment certificate and state the contractual ground for
such deductions.
FINANCE DETAILS
Credit Expenditure/Revenue
User Code : Amount
.................................................... $ Total gross payment to date
.................................................... $
.................................................... $ $
Debit Deposits - Retention
Money User Code :
.................................................... $
7.168 2006 Edition
APPENDIX 7.37.2 ENGINEER’S CERTIFICATE FOR PAYMENT OF

RETENTION MONEY
(To be used where Nominated Sub-contractors are engaged)
FORM B
Contract No. _________
Title of Contract: __________________________________________________________________
Contractor: _______________________________________________________________________
Address: _________________________________________________________________________
Date of issue of Maintenance Certificate: _______________________________________________
ENGINEER’S CERTIFICATE FOR PAYMENT OF RETENTION MONEY
I hereby certify the payment of Retention Money in the amount of $___________ which sum
includes Retention Money due to Nominated Sub-contractors as detailed in the attached schedule.
__________________________. ___________________
(1) Retention Money due $

(2) *Deductions:
(i) $
(ii) $ $ _________________
Net sum due for payment: $

===============
Payment to be made by ________________ (state deadline date for payment to Contractor)
Passed for payment Signature: _________________ Date: ______________

for Vote Controller: Name: ____________________
Post: _____________________
* List new deductions after the last interim payment certificate and state the contractual ground for
such deductions.
FINANCE DETAILS
Credit Expenditure/Revenue
User Code : Amount
.................................................... $ Total gross payment to date
.................................................... $
.................................................... $ $
Debit Deposits - Retention
Money User Code :
.................................................... $
7.169 2006 Edition
CONTRACT NO. ______________
Schedule of Retention Money due to Nominated Sub-contractors
The Retention Money due to Nominated Sub-contractors is as follows:
Name of Nominated Sub-contractor Amount of Retention Money due
________________________
( )
7.170 2006 Edition
APPENDIX 7.38 REPORT ON COMPLETION OF CONTRACT
__________ DEPARTMENT
(Title)
REPORT ON COMPLETION OF CONTRACT
1. Brief description of Works ______________________________________________________

____________________________________________________________________________
2. Original Contract Sum $ ___________
3. Final Contract Sum + $ ___________
4. Excess/saving on Contract Sum $ ___________
5. Excess due to (a) Variations $ ___________

(b) Price fluctuation $ ___________
(c) Claims $ ___________
(d) Others $ ___________
6. Original estimated time for completion of the Works ________ days
7. Date of commencement of the Works ____________
8. Date of substantial completion of the Works ____________
9. Actual time taken to complete the Works ________ days
10. Extension of time granted for completion ________ days
11. Deduction of liquidated damages for:

(a) Section _____, _____ days (@ $ _____ /day) $ ___________
(b) Section _____, _____ days (@ $ _____ /day) $ ___________
(c) Whole of the Works, _____ days (@ $ _____ /day) $ ___________
12. Maintenance Period was from _________ to __________.
13. Retention Money $ __________ has been released to the Contractor on _____________.
_________________________
( )
Designation ______________
Date _____________
7.171 2006 Edition
c.c. D of A CTA(F), ETWB

SEO(PS), ETWB Head of Office/Branch/Region
STA (or responsible Accounts Officer) Engineer’s Representative
Legend:
+ For the avoidance of doubt, this is the sum after deductions such as liquidated damages made under the
Contract.
7.172 2006 Edition

7.173 2006 Edition

7.174 2006 Edition
APPENDIX 7.41 MANDATORY PROVIDENT FUND NOTIFICATION FORM
To: Senior Manager, Industry Schemes

Mandatory Provident Fund Schemes Authority
(Fax No. 2259 8821)
Notification of Commencement of Contract
Contract No.:
Contract Title:
Contract Sum:
Date for the commencement of Contract:
Construction Period:
Location of Site:
Type of Works: *
Name of Contractor:
Company address of Contractor:
Telephone Number:
Facsimile Number:
Name of contact person:
Estimated number of workers: under direct employment ______________
employed by sub-contractors ______________
estimated total number ______________
Name of Nominated Sub-contractor(s)
(if any):
Name of Domestic Sub-contractor(s) (if
any):
Remarks:
Information provided by the Contractor to:

Name: _________________
Post: _________________
Office/Department/Consultant _________________
Telephone No. _________________
Date _________________
* Types of work:
A Foundation works F Fire services, mechanical and electrical works
B Civil engineering works G Gas, plumbing and drainage works
C Demolition and structural alternation works H Interior fitting out works
D Refurbishment and maintenance works I Others
E General building construction works
7.175 2006 Edition
APPENDIX 7.42 SHOTFIRER’S CHARGING DETAILS

[REGULATION 56(1) OF DANGEROUS GOODS
(GENERAL) REGULATIONS, CAP 295]
Date: _____________
Name of Contractor: ___________________________ Site Code: _____________
Name of Shotfirers:
1. ___________ MBC NO.: _________ 2. _____________ MBC NO.: _________
3. ___________ MBC NO.: _________ 4. _____________ MBC NO.: _________
Time of Blasting: (1) _______________ (2) _____________ (3) _______________
Type Qty Received Qty Consumed Qty Destroyed

Cartridged
Explosives
Bulk
Explosives
Detonators
Accessories
Shotfirer i/c: ______________________ _____________________

(Name) Signature
Countersigned by Explosives Supervisor No.: _______ _____________________

Signature
***************************************************************************
The following details of the above blast(s) are shown on the attached plans:
(1) the site code and date;
(2) the location of the blast(s);
(3) the layout of the blast holes, including the burden and spacing;
(4) the diameter, depth, inclination and subgrade drilling of the blast holes;
(5) the amount and type of explosives loaded into each hole;
(6) the initiation system, including full details of the delay sequence; and
(7) the charge weight/delay period.
These plans should be certified correct by the shotfirer i/c.

7.176 2006 Edition
香港法例第 295 章危險品（一般）規例第 56(1) 條
燃爆人員安裝炸藥詳報表
日期：__________________
承建商姓名：______________________________ 地盤密碼：__________________
燃爆員姓名：
１. ________ 　場燃爆證書編號：________ ２. _________ 　場燃爆證書編號：_______
３. ________ 　場燃爆證書編號：________ ４. _________ 　場燃爆證書編號：_______
爆石時間：　 _______________ 　 _______________ 　 ______________
種類接收數量耗用數量銷毀數量
炸藥條
散裝爆炸品
雷管
炸藥配件
負責燃爆人員：__________________ ______________________
（姓名）（簽署）
負責加簽的爆炸品督導員編號：_____________ ______________________
（簽署）
*********************************************************************************
關於上述爆石的下列詳情在附圖中顯示：
　地盤密碼及日期；
　爆石地點；
　炮孔的排位，包括負荷及間距；
　炮孔的直徑、深度、斜度及加深；
　裝進每個炮孔的爆炸品數量及種類；
　起爆系統，包括延時次序的詳情；及
　炸藥份量 / 延時段數。
這些圖則須由負責的燃爆人員證實正確無誤。
7.177 2006 Edition
APPENDIX 7.43 PROFORMA FOR REPORTING CASE OF SUSPECTED

NON-PAYMENT OF WAGES TO WORKERS
MEMO
From To Commissioner for Labour
Ref. in (Attn.: Labour Relations Division )
Tel. No. Your in
Fax. No. dated Fax. No. 2545 2959
Date. Total Pages
Case of Suspected Non-payment of Wages to

Employees in the Construction Industry
The following case of suspected non-payment of wages to employees in the

construction industry is referred to your attention:
(a) Address of construction site:
(b) Particulars of employee(s) being owed wages:

Name:
Address:
Tel. No.:
Work involved at the Site:
Amount and duration of wages being owed:
(c) Particulars of direct employer who is suspected of failing to pay wages to his
employees:
Name:
Address:
Tel. No.:
Work involved at the Site:
Contact Person (if known):
(d) Particulars of principal contractor of the Site:

Name:
Address:
Tel. No.:
Contact Person:
(e) Other relevant information:
______________________________________________
(Designation of Chief Engineer/Engineer Representative)
7.178 2006 Edition
APPENDIX 7.44 SAMPLE PLAQUES
Type A (for structures formally opened)
This *_________ was opened by [Chinese version of the

The Honourable [Name & Title] inscription to be shown here.
[Post]
on [Date] Chinese characters should read
vertically from top to bottom
___________ and the columns right to left.
Designed by [Name of Office and Department] If it is necessary to arrange the

(or Designed by Messrs. [Name of Consultant] in Chinese characters
association with [Name of Office and Department]) horizontally, they should read
from left to right and the row
Constructed by [Name of Contractor] from top to bottom.]
Type B (for structures not formally opened)
This *_________ was designed by

[Name of Office and Department]
Constructed by [Name of Contractor]
Completed on [Date]
This *_________ was handed over by

[Name of Consultant]
to
[Name of Office and Department]
on [Date]
____________________
Designed by Messrs. [Name of Consultant]

in association with [Name of Office and Department]
Constructed by [Name of Contractor]
* Insert identity of the structure

7.179 2006 Edition
APPENDIX 7.45 SAMPLE INVITATION CARD FOR OPENING CEREMONY
THE DIRECTOR OF _________________
REQUESTS THE PLEASURE OF THE COMPANY OF
_______________________________________________
AT THE OPENING OF
[ The name of the project ]
BY
THE HONOURABLE [ Name of the guest ], [ The guest’s title ]
ON [ Date ] AT [ Time ]
R.S.V.P.
CHIEF ENGINEER,
[ Division ],
[ Department ],
[ Address ].
[ Tel. No. ]
REFRESHMENTS WILL BE SERVED
( GUESTS SHOULD BE SEATED BY [ Time ] )
PLEASE BRING ALONG THIS CARD WITH YOU

P.T.O.
Note: A map showing the location of the ceremony, traffic routing, car park etc. should be
printed at the back of the invitation card
7.180 2006 Edition

7.181 2006 Edition
APPENDIX 7.47 GUIDANCE ON GEOTECHNICAL

SUPERVISIONREQUIREMENTS
1 CATEGORIES OF GEOTECHNICAL SUPERVISION
1.1 Category I - periodic inspections by a geotechnical engineer from the

Project Office/Consultant which prepared the geotechnical design
This category of qualified supervision applies to sites where the buildability or

the design (e.g. results of stability analyses or ground movement calculations,
etc.) is sensitive to variations in the geotechnical design assumptions.
Personnel acceptable for Category I supervision are RPE (Geotechnical) or
equivalent.
1.2 Category II - periodic inspections by a senior geotechnical engineer from

the Project Office/Consultant which prepared the geotechnical design
This category of geotechnical supervision applies to sites of high sensitivity

(e.g. steep slopes adjoining buildings, busy roads or tunnel works construction
that could pose significant risk to life or property). Personnel acceptable for
Category II supervision are senior engineers of RPE (Geotechnical) or
equivalent.
1.3 Category III - full time supervision by a suitably experienced person
This category of qualified supervision applies to sites where day-to-day

inspections and checks on compliance with drawings, specifications or
working procedures are necessary. It is used for works which depend for their
success and safety on a high standard of workmanship and materials. The
personnel acceptable for Category III supervision depend on the sensitivity
and complexity of the project.
2 SUPERVISION PACKAGE
A geotechnical supervision package consisting of a combination of Categories I, II

and III may be adopted. Typical examples of the minimum recommended requirements are
given in Table 7.2.1.
The recommended typical contents of the regular site inspection/design review report
by the Category I/II supervisor are given in Table 7.2.2. The regular reports should be kept
on site and made available for audit by GEO staff. The Category I/II supervisor should make
a design amendment submission to the GEO prior to commencement of the works through
the Project Office or its consultants, should there be any significant changes in the
geotechnical design and/or working procedures.
7.182 2006 Edition
Table 7.2.1 - Recommended Geotechnical Supervision Requirements for Public

Works Projects
CATEGORIES GEOTECHNICAL WORKS REMARKS
Foundations :
I + II + III or deep foundations for buildings depending on extent and
I + III on marble nature of solution
I + III caisson foundations features (see Note 4)
Deep Excavation :
I + II + III depth > 7.5m, sensitive sites “sensitive sites” includes
I + III depth > 4.5m sites adjoining old
buildings with shallow
foundations, major road,
Site Formation : or water mains or sites
I + II + III or blasting with history of instability
I + III
I + II + III prestressed ground anchors, sensitive sites
I + III prestressed ground anchors
I + III soil nails
I cut slopes (in rock or soil) (height > 3m)
I + III stabilisation works on rock slopes
III fill slope
I + III fill slope (height > 5m)
Retaining Structures :
I + III caisson wall
I + III reinforced fill structure
III cantilever/gravity retaining wall (height > 5m)
III sheet pile wall/soldier pile wall/diaphragm wall etc
I + III sheet pile wall/soldier pile wall/diaphragm wall etc, for
sensitive sites
I + II + III or Tunnel Works See requirements under

I + III ETWB TCW 15/2005
Ground Treatment :
I + III vertical drains, horizontal drains
I + III grouting and dewatering for deep excavations
Ground Investigation in Scheduled Areas and the

I + III Designated Area of Northshore Lantau : See Note 4
ground investigation works in Scheduled Areas Nos. 1, 2 & 4
and the Designated Area of Northshore Lantau
Notes:
1. Additional requirements on the independent checking of temporary works designed by the Contractor are
given in WB TC 3/97 entitled “Independent Checking of the Design, Erection, Use and Removal of
Temporary Works”.
2. This is not an exhaustive list of geotechnical works, but only the common geotechnical works encountered
are given.
3. For sensitive sites, the category III personnel should at least have three years of geotechnical experience
with at least one year in site supervision of similar works, alternatively, a full time Category I personnel
should be specified.
4. See also requirements under ETWB TCW 4/2004 for foundation works in the Scheduled Areas of
Northwest New Territories and Ma On Shan and the Designated Area of Northshore Lantau.
7.183 2006 Edition
Table 7.2.2 Typical Contents of the Regular Site Inspection/Review Reports
Typical contents of the regular reports to be prepared by the Category I and/or

Category II personnel on site supervision should include the following as appropriate. The
Category I/II supervisor should make a design amendment submission to the GEO prior to
commencement of the works through the Project Office or its consultants, should there be
any significant changes in the design after the design review.
1. Progress of the Works
(a) Records (e.g. drawings, photographs and geological plans and sections,
monitoring data and field data from excavation faces) on progress of
the works, including retaining structures, grouting, foundations,
shoring, anchors, sol nails, excavation, basement structures and tunnel
works. Among others, the depths and extent of excavation and
temporary support measures, including the levels of struts installed and
the location of rock bolts, dowels, ground anchors and areas of sprayed
concrete, should be given.
2. Results of Monitoring During Construction
(a) Description of the monitoring system, including frequency of

monitoring and the “designed alert levels” and “ceased works levels”
for settlements, lateral movements, heave, deflections, distortions,
vibrations, crack widths, water inflow limits, groundwater
levels/pressure changes, etc., and details of all surrounding sensitive
geotechnical features, structures and utilities.
(b) Plans and photographs showing the locations of all monitoring points
(e.g. including settlement points, movement markers, seismographs,
flow measurement devices, piezometers, inclinometers, load cells and
strain gauges).
(c) Results of all monitoring points with graphs and tables showing the
alert levels, the cease works levels and the variation of the results with
time.
(d) Discussions and interpretations of the results of all monitoring work,

including proposals for any changes of measuring devices and for
investigation of observed anomalies.
3. Site Observations
(a) Reports of initial defect survey (including photographs) of all

surrounding structures and utilities (only required in the first report).
(b) Reports of any significant movements or sign of distress observed

including signs of movement of geotechnical features, differential
settlements, cracks on pavements, cracks on adjacent buildings and
structures, damages to watermains or other utilities.
7.184 2006 Edition
(c) Reports of any excessive displacements and collapses (including

photographs), survey plans/sections of affected areas, time & date of
the incident, probable reasons and any proposed remedial actions.
(d) Reports of any significant deviations from approved plans, method

statements and particular specifications, such as missing members or
deficiencies in the shoring system, over-excavation prior to installation
of the struts or laggings, and violation of contract acceptance criteria.
(e) Records of geological/hydrogeology mapping and reports of any

significant deviations of geology and groundwater conditions, relative
to the data and assumptions made in formulating the ground model, for
the geotechnical design and geotechnical risk assessment, (e.g.
unexpected ground conditions, geological features, seepage, water
inflow, etc.).
(f) Reports of any critical activities in the vicinity of the site which may
adversely affect its stability.
(g) Photographs, drawings and figures accompanying the reports as

appropriate.
(h) Major construction problems encountered and any remedial action

carried out.
4. Inspection Records
(a) Dates and times of site visits by Category I/II personnel.
(b) Remarks and comments made by Category I/II personnel during the
inspections.
(c) Actions taken by Category III personnel in response to comments

made by Category I/II personnel.
5. Review
(a) A critical review based on all information collected in the preceding

items to check whether the design assumptions are still valid.
(b) Anticipated geotechnical problems and contingency measures,

including actions to be taken by specific parties when the monitoring
results approach the “designed alert levels”.

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7.

1. ACTION CHECKLIST AT COMMENCEMENT OF 7.14

2. ACTION CHECKLIST ON COMPLETION OF 7.17

3. THE SITE 7.18

3.1 HANDING OVER TO CONTRACTOR 7.18

3.2 JOINT SURVEY AND SETTING OUT 7.18

3.3 MANAGEMENT 7.19

3.4 SECURITY 7.20

3.5 PROJECT SIGNBOARD 7.20

3.6 TEMPORARY UTILITY SUPPLIES 7.21

3.7 RE-POSSESSION ON COMPLETION 7.22

4. SUPERVISING PERSONNEL 7.23

4.1 ENGINEER’S STAFF 7.23

4.2 CONTRACTOR’S STAFF 7.23

4.3 SUPERVISION FOR GEOTECHNICAL WORKS 7.24

4.4 SUPERVISION FOR PILING WORKS 7.25

5.1 GENERAL 7.26

5.2 CONTRACT DOCUMENTS 7.26

5.3 RECORD DRAWINGS 7.27

5.4 SITE DIARY 7.27

5.5 SITE MEASUREMENT BOOK 7.28

5.6 PROGRESS CHART 7.28

5.7 INCLEMENT WEATHER 7.29

5.8 SITE INSTRUCTIONS 7.29

5.9 DAYWORKS 7.29

5.10 INVENTORY OF FURNITURE AND EQUIPMENT 7.29

5.11 MINUTES OF MEETINGS AND CORRESPONDENCE 7.30

5.12 RECORD PHOTOGRAPHS 7.30

5.13 REQUEST FOR INSPECTION AND SURVEY CHECK 7.31

5.14 RECORD OF MATERIALS AND EQUIPMENT PROVIDED 7.31

5.15 MATERIALS TESTING 7.31

5.16 LABOUR RETURNS AND WAGES 7.32

5.17 USE OF CONTRACT TRANSPORT 7.32

5.18 MISCELLANEOUS RECORDS 7.33

5.19 CUSTODY AND DISPOSAL 7.36

6. PROGRAMME, PROGRESS AND EXPENDITURE 7.37

6.1 CONTRACTOR’S PROGRAMME AT COMMENCEMENT 7.37

6.2 PROGRAMME UPDATING AND REVISION 7.38

6.3 MONITORING AND REPORTING PROGRESS 7.38

6.4 ACTION IN CASE OF SLOW VARIABLE PROGRESS 7.39

6.5 MONITORING AND ESTIMATING EXPENDITURE 7.39

6.6 AUTHORITY TO INCREASE CONTRACT SUM 7.41

7. CONTRACT PAYMENTS 7.42

7.1 ARRANGEMENT FOR PAYMENTS TO CONTRACTOR 7.42

7.2 INTERIM PAYMENTS 7.42

7.3 FINAL PAYMENTS 7.46

7.4 MISTAKES IN PAYMENTS 7.47

7.5 OVERDUE PAYMENTS 7.47

7.6 RE-ENTERED CONTRACTS 7.48

8. EXTENSION OF TIME FOR COMPLETION AND 7.49

8.1 EXTENSION OF TIME FOR COMPLETION 7.49

8.2 LIQUIDATED DAMAGES 7.51

9. SITE MEETINGS 7.53

9.1 OBJECTIVE 7.53

9.2 FREQUENCY 7.53

9.3 TYPICAL TOPICS 7.53

9.4 RECORDS 7.53

10. LIAISON WITH OTHERS 7.54

10.1 LIAISON WITH UTILITY COMPANIES, GOVERNMENT 7.54

10.2 FACILITIES FOR THE BLIND 7.54