Construction-Contract-for-Minor-Works
Construction-Contract-for-Minor-Works
Construction-Contract-for-Minor-Works
CONTRACT
FOR MINOR WORKS
Version 1.0 | 2022
CONTENTS
1. INSTRUMENT OF AGREEMENT
4. SCHEDULES
© 2022 UNOPS - All rights reserved
This contract has been produced by UNOPS using elements of contracts published by the Federation
Internationale Des Ingenieurs – Conseils (FIDIC). This contract is produced under license from and with permission
of FIDIC and is exclusive for use as provided under the licence agreement. Consequently, no part of this contract
may be copied, reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by
any means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise except in accordance
with the terms of that license without prior permission in writing.
This publication is not endorsed by FIDIC. FIDIC is not responsible for the accuracy, completeness, adequacy or
otherwise of this publication or for its translations.
On use: The General Conditions of Contract should not be amended. If any of the General Conditions require
amendment, this must be done separately under the Particular Conditions of Contract with the approval of the
UNOPS IPAS Legal team.
To ensure that this is the most recent version of the contract, refer to the version available online at www.unops.org
and on the UNOPS internal intranet.
1
CONSTRUCTION
CONTRACT
FOR MINOR WORKS
INSTRUMENT OF AGREEMENT
Instrument of Agreement
INSTRUMENT OF AGREEMENT
This Contract is made BETWEEN
AND
[insert name], a [insert type of company, e.g., limited liability] company incorporated under the laws of [insert
name of the country] and having its registered address at [insert address], [insert name of city and country]
(hereinafter called the “Contractor”).
The Employer and the Contractor shall also be referred to as a Party, or together as the Parties (hereinafter
called the “Party” or “Parties”).
WHEREAS the Employer intends to implement the project [insert Project Title] and the Works known as [insert
Works Title/Contract Title/Contract Number] as defined within this Contract are an integral part of the project. The
Works shall be executed by the Contractor, and the Employer has accepted a tender by the Contractor for the
execution and completion of these Works and the remedying of any defects therein.
A. In the Contract, words and expressions shall have the same meanings as are respectively assigned to them
in the General Conditions of the Construction Contract for Minor Works hereinafter referred to.
B. The following documents shall be deemed to form and be read and construed as part of this Contract
(hereinafter called the “Contract”):
D. The Employer hereby covenants to pay the Contractor in consideration of the execution and completion of
the Works and remedy any defects therein, such amounts as may become payable under the provisions of
the Contract at the times and in the manner prescribed by the Contract.
This Contract shall come into full force and effect on the date of the latest signature by the Parties (hereinafter
called the “Contract Effective Date”).
SIGNED by SIGNED by
Name: Name:
Signature: Signature:
for and on behalf of the Employer in the presence of for and on behalf of the Contractor in the presence of
Witness: Witness:
Name: Name:
Address: Address:
Date: Date:
CONSTRUCTION
CONTRACT
FOR MINOR WORKS
GENERAL CONDITIONS OF CONTRACT
General Conditions of Contract
This contract has been produced by UNOPS using elements of contracts published by the Federation
Internationale Des Ingenieurs – Conseils (FIDIC). This contract is produced under license from and with permission
of FIDIC and is exclusive for use as provided under the licence agreement. Consequently, no part of this contract
may be copied, reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by
any means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise except in accordance
with the terms of that license without prior permission in writing.
This publication is not endorsed by FIDIC. FIDIC is not responsible for the accuracy, completeness, adequacy or
otherwise of this publication or for its translations.
On use: The General Conditions of Contract should not be amended. If any of the General Conditions require
amendment, this must be done separately under the Particular Conditions of Contract with the approval of the
UNOPS IPAS Legal team.
To ensure that this is the most recent version of the contract, refer to the version available online at www.unops.org
and on the UNOPS internal intranet.
TABLE OF CONTENTS
1 Works 2
3 Communications 3
4 Access to Site 3
5 Contract Price 3
8 Variations 4
9 Payments 4
10 Extension of Time 5
13 Final Completion 6
15 Delay Damages 6
16 Insurances 6
17 Contractor’s Obligations 7
20 Claims 8
21 Dispute Resolution 9
24 Confidentiality 9
1 Works
The Contractor shall execute the works, as defined in Schedule 3 [Requirements
of Employer] (hereinafter called the “Works”), in accordance with the Contract
and applicable laws.
3 Communications
The Employer's Representative, or any Employer’s personnel authorized in writing
by the Employer's Representative, may issue instructions to the Contractor as
may be necessary for the execution of the Works in accordance with the Contract.
The Contractor shall comply with such instructions without delay.
While such instruction may be done orally, any oral instructions materially
affecting the execution of the Works shall be confirmed in writing by the
Employer's Representative within twenty-four (24) hours.
All communications between the Contractor and the Employer shall be in writing
and issued to the address identified in Schedule 1 [Contract Details].
4 Access to Site
The Employer shall give non-exclusive access to the places where the Works
are to be executed and any other places where activities associated with the
Works are carried out (hereinafter called the “Site”) as identified in Schedule 2.2
[Site Plan].
5 Contract Price
The contract price shall be the amount agreed upon between the Employer and
the Contractor to execute the Works on the Contract Effective Date (hereinafter
called the “Contract Price”) and indicated in Schedule 1 [Contract Details].
The Contract Price may vary in accordance with the Contract, including subject to
measurement and/or Variations of the Works.
If the Works are to be paid for on a “measure and pay” payment option, the
appropriate rate for the items shall be the rate specified for such item in Schedule
4.1 [Quantities and Rates] and shall be applied to the relevant quantity of Works
measured as completed. The quantities in Schedule 4.1 [Quantities and Rates]
are not the actual quantities for each item of work.
If the Works are to be paid for on a “lump sum”’ basis, the prices and quantities
as set out in Schedule 4.1.A [Bill of Quantities] are fixed regardless of the actual
quantities of the Works, but the Contract Price may vary if the measured
quantities per item included in Schedule 4.1.A [Bill of Quantities] have varied by
twenty (20) per cent or more. Payments shall be made in accordance with the
milestones included in Schedule 1 [Contract Details].
8 Variations
The Employer's Representative may instruct the Contractor in writing to vary the
Works (hereinafter called the “Variation”) at any time before the taking over as in
Clause 11 [Employer’s Taking Over].
The Contractor shall submit to the Employer's Representative, within the time
stated in the Employer's Representative’s instruction, a proposal regarding the
impact of the Variation on the execution of the Works, including on the Contract
Price and the Time for Completion.
9 Payments
The Contractor shall submit a statement at timings stated in the Schedule 1
[Contract Details] (hereinafter called the “Statement”) with supporting particulars
and documents, including any relevant progress reports to the Employer’s
Representative in accordance with the requirements.
Within seven (7) days after the taking over as in Clause 11 [Employer’s Taking
Over], the Contractor shall submit to the Employer’s Representative a Statement
with supporting documents and details on the value of work completed in
accordance with the Contract.
Within twenty-eight (28) days after the issue of the Final Completion Certificate as
in Clause 13 [Final Completion], the Contractor shall submit to the Employer’s
Representative a Statement that is final with supporting documents and particulars
showing in detail the value of all work done in accordance with the Contract and
any further sums which the Contractor considers to be due under the Contract.
Within twenty-eight (28) days after receiving the Contractor’s Statements and
supporting documents submitted in accordance with the Contract, the Employer
shall pay to the Contractor the amount which the Employer Representative fairly
considers to be due to the Contractor.
The Contractor shall pay all taxes, duties and fees required to be paid by the
Contractor under the Contract and as required by law, and the Contract Price
shall not be adjusted. This obligation shall include valued added tax unless the
Employer has obtained an exemption for such value added tax from the relevant
authorities on behalf of the Contractor.
10 Extension of Time
The Contractor is entitled to an extension to the Time for Completion if the
execution of the Works is delayed or disrupted by an unforeseeable and
exceptional event or circumstance occurring beyond the Parties control
(hereinafter called “Force Majeure”), by an act, omission or breach by the
Employer or its agents, or by any Variation except where that Variation is caused
by the Contractor’s failure, act, omission or breach.
The Employer shall take over the Works when the Works have been inspected by
the Employer’s Representative and certified as completed (except for any minor
omissions, outstanding work and defects which will not affect the safe use of the
Works for the intended purpose) in accordance with the Contract.
During the Defects Notification Period, the Contractor shall rectify any defects
that the Employer has notified within the stipulated period and at its own cost.
13 Final Completion
With the completion of the Contractor’s obligations under the Contract, the
Employer shall issue the certificate for final completion within twenty-eight (28)
days after the expiry of the Defects Notification Period and after all the defects
notified to the Contractor during the Defects Notification Period have been
rectified by the Contractor to comply with the Contract (hereinafter called the
“Final Completion Certificate”).
15 Delay Damages
The Employer may charge delay damages in the amount defined in Schedule 1
[Contract Details] for each day of delay beyond the Time for Completion, as may
be revised by extension of time as in Clause 10 [Extension of Time]. The total
amount of delay damages shall not exceed the aggregate maximum amount of
delay damages stated in Schedule 1 [Contract Details].
16 Insurances
The Contractor shall obtain and maintain relevant insurance to execute the Works
as may be required by law, including construction all risks insurance, public
liability insurance and workers’ compensation insurance as listed in Schedule 3.5
[Insurance Requirements].
17 Contractor’s Obligations
The Contractor shall comply with applicable labour laws and make available all
required facilities for workers of all genders.
In any event, the Contractor shall not engage children in any practice inconsistent
with the rights set forth in the Convention on the Rights of the Child, including
Article 32 thereof.
The Contractor shall not discriminate, including between men and women, religious
groups or any other groups, in recruiting its workers or for wage purposes.
The Contractor shall take measures, including any other requirements (if any) set
out in the Specification, to prevent sexual harassment, exploitation and abuse by
or towards its workers, which includes any sexual activities with any person less
than eighteen (18) years of age, regardless of any laws relating to consent unless
such sexual activity is consensual between two (2) persons who are married and
such marriage is recognized as valid under the laws of the country of citizenship
of such Contractor’s personnel.
The Contractor shall not bring onto or store on the Site, import, sell, give, barter
or otherwise dispose of any alcoholic liquor or drugs on the Site, or permit or
suffer any such importation, sale, gift, barter or disposal thereto by Contractor’s
personnel.
The Contractor warrants and represents that it is not engaged in the sale or
manufacture of anti-personnel mines or components utilized in the manufacture
of anti-personnel mines.
If at any time during the carrying out of the Works, an unexploded ordnance or
land mine is discovered at the Site, the Contractor shall immediately stop all Work
at the Site, notify the Employer’s Representative, and take all necessary steps to
ensure the safety of all persons and property and secure the Site. The Contractor
shall immediately resume Work at the Site when instructed by the Employer or
Employer’s Representative.
The Contractor warrants that it has not engaged or attempted to engage, in any
way whatsoever, in any proscribed practices in connection with the selection
process or the execution of this Contract or any other activities of the Employer or
any other entity of the United Nations, involving, in any way whatsoever, any
Employer’s personnel or Employer’s Representative, officials, or other agent of
the Employer or any other entity of the United Nations. Proscribed practices
include corrupt, fraudulent, coercive, unethical practices and obstruction.
Any breach of this Clause shall entitle the Employer to terminate the Contract
immediately upon the provision of a written notice to the Contractor without any
liability to the Employer for termination charges or any other liability of any kind.
The Contractor shall provide fencing, lighting, guarding and watching of the
Works until the issue of the Taking-Over Certificate and when any outstanding
works and/or remedying defects are ongoing.
The Contractor shall take all necessary measures to protect the environment
(both on and off the Site) and the general public in and around the Site to the
extent affected by the Contractor’s activities and consistently adhere to the social
and environmental requirements for the Works as identified in Schedule 3
[Requirements of Employer].
Either Party may terminate this Contract with a fourteen (14) day written notice to
the other Party, except in the case of a material breach of this Contract by the
Contractor, as in Clause 17 [Contractor’s Obligations].
Upon termination of the Contract, the Contractor shall cease the execution of the
Works and shall proceed to demobilization and handing over of the Works and
related information, documents and materials to the Employer for which it has
received payment.
Within seven (7) days of the Contract termination, the Contractor shall submit its
final Statement to the Employer's Representative for review and payment in
accordance with Clause 9 [Payments].
20 Claims
If the Contractor has a request or assertion for an entitlement or relief under the
Contract or otherwise in connection with the execution of the Works, it shall notify
the Employer's Representative in writing within seven (7) days of the
circumstances giving rise to its claim, providing an explanation for the claim.
The Employer's Representative shall have seven (7) days to review and respond
to the claim in writing, providing an explanation for its decision.
21 Dispute Resolution
In case of a dispute or disagreements relating to the claims or Contract,
either Party shall notify the other Party in writing, providing an explanation
for the dispute.
The Parties shall attempt to resolve their dispute amicably through negotiations.
If the Parties are unable to resolve their dispute amicably, either Party may refer
the dispute to arbitration in accordance with the United Nations Commission on
International Trade Law (UNCITRAL) Arbitration Rules.
The place or seat of arbitration shall be determined at the time of the dispute
among the Parties, or ultimately, by the Arbitrator(s).
The Parties shall be bound by the arbitration award as the final adjudication of
any such dispute, claim or controversy.
The arbitration and any information or documents relating to the arbitration shall
remain confidential.
The Contractor acknowledges and agrees that the Employer shall be entitled to a
refund for any payments found by the auditors to have been made to the
Contractor other than in accordance with the Contract.
24 Confidentiality
The Parties shall keep confidential and shall not, without the prior written consent
of the other Party, disclose to any third party the terms and conditions of the
Contract or any documents or other information furnished directly or indirectly by
either Party in connection with the Contract or the Works, irrespective of when
such information has been furnished.
CONSTRUCTION
CONTRACT
FOR MINOR WORKS
PARTICULAR CONDITIONS OF CONTRACT
Particular Conditions of Contract
CONSTRUCTION
CONTRACT
FOR MINOR WORKS
SCHEDULES
Schedules
RFQ Ref. No.: [RFQ/202#/#####]
TABLE OF CONTENTS
SCHEDULE 1: CONTRACT DETAILS 2
1.1 Details Provided by the Employer 2
1.2 Details Provided by the Contractor 3
SCHEDULE 5: FORMS 17
5.1 Form for Performance Security 17
Amount in words:
______________________________________________
5 Contract Price
Amount in figures:
______________________________________________
2. General description of the parts of the Site that will be provided access to and the
times of access:
5. Description of approved location for the Contractor’s Site facilities including storage,
accommodation, work areas and likewise and where plant and materials should be
delivered and stored:
2. New construction:
3. Renovation:
3.2 Specifications
3.2.A List of the technical specifications
(General and particular Specifications including testing/sampling details/performance based
standards)
Facilities 1
Equipment 1
Materials 1
Utilities 1
3.3 Drawings
(List of Drawings and the link to the Drawings)
10
Construction all
risk insurance
for Works, plant
and materials
Public liability
insurance
Workers’
compensation
insurance
Insurances
required by laws
and by local
practice
Any other
insurances
10
Name of Insurer:
Policy No.:
Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:
Name of Insurer:
Policy No.:
Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:
Name of Insurer:
Policy No.:
Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:
Name of Insurer:
Policy No:
Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:
Name of Insurer:
Policy No:
Insured Amount:
Renewal Date:
Name of Broker:
Contact details of Broker:
SCHEDULE 5: FORMS
5.1 Form for Performance Security
PERFORMANCE SECURITY
[On the letterhead of the institution issuing the security]
Date: ___/___/___
Performance Security Number: [#######]
To: UNOPS
[insert address of the Employer]
We have been informed that you have entered into a Contract dated [insert date] with [insert company name]
(hereinafter called the “Contractor”) titled [insert contract title] with Contract No. [insert number] for the [insert
name of the project] for certain works and services (hereinafter called the “Works”) to be undertaken by the
Contractor (hereinafter called the “Contract”).
We, irrevocably and unconditionally undertake with you that whenever you give written notice to us stating that in
your sole and absolute judgment the Contractor has failed to observe or perform any of the terms, conditions or
provisions of the Contract on its part to be observed or performed, we will, notwithstanding any objection which
may be made by the Contractor and without any right of set-off or counterclaim, immediately pay to you or as you
may direct such an amount as you may in such notice require not exceeding the sum of [insert amount equivalent
to 5 or 10 per cent of the Contract Price in words (and figures) with the relevant currency] (hereinafter called the
“Guaranteed Sum”).
This Performance Security (hereinafter called the “Guarantee”) is valid and will continue to be valid and
enforceable from the date of this letter for the Guaranteed Sum until the issue of the Final Completion Certificate.
The Guaranteed Sum may reduce to [2.5 or 5: select one] percent of the Contract Price upon the issue of the
Taking-Over Certificate for the whole of the Works. This Guarantee will automatically expire on the issue of the
Final Completion Certificate or, if a dispute arises under the Contract, after the final determination of that dispute,
whichever occurs later. Promptly after expiration of the Guarantee, UNOPS shall return the Guarantee to the
Contractor.
Any payment by us in accordance with this Guarantee must be in immediately available and freely transferable
[insert currency] free and clear of and without any deduction for or on account of any present or future taxes,
levies, imposts, duties, charges, fees, set off, counterclaims, deductions or withholdings of any nature
whatsoever and by whomever imposed.
Our obligations under this Guarantee constitute direct primary, irrevocable and unconditional obligations, do not
require any previous notice to or claim against the Contractor and will not be discharged or otherwise prejudiced
or adversely affected by any:
Any notice required by this Guarantee is deemed to be given when delivered (in the case of personal delivery) or
forty-eight (48) hours after being dispatched by prepaid registered post or recorded delivery (in the case of letter)
or as otherwise advised by and between the parties.
We agree that part of the Contract may be amended, renewed, extended, modified, compromised, released or
discharged by mutual agreement between you and the Contractor, and this Guarantee may be exchanged or
surrendered without in any way impairing or affecting our liabilities under this Guarantee without notice to us and
without the necessity of any additional endorsement, consent or guarantee by us, provided, however, that the
Guaranteed Sum does not increase or decrease.
No action, event or condition which by any applicable law may operate to free us from liability under this Guarantee
will have any effect. We waive any right we may have to apply such law so that in all respects our liability under this
Guarantee will be irrevocable and, except as stated in this Guarantee, unconditional in all respects.
Capitalized words and phrases used within this Guarantee have the same meanings as are given to them in the
Contract.
This Guarantee is governed by the Uniform Rules for Demand Guarantees, (2010 Revision), International
Chamber of Commerce Publication No. 758, provided that the supporting statement under Article 15 (a), and
Articles 34 and 35 are excluded. Any disputes arising out or in connection with this Guarantee, or the breach,
termination, or invalidity thereof will be referred to and finally resolved by arbitration in accordance with the United
Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules then in effect, with the language
of the proceedings being English.
Nothing in or relating to this Guarantee shall be deemed a waiver, express or implied, of any of the privileges and
immunities of the United Nations, including its subsidiary organs, of which UNOPS is an integral part, which are
hereby expressly reserved.
IN WITNESS of which then [insert name if the institution issuing the Guarantee] has duly executed this
Guarantee on the date stated above.
SIGNED by
Name:
Title:
Institution:
Date:
Signature:
Occupation of witness:
Address of witness:
Signature of witness:
www.unops.org
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