Special conditions clause samples

The Employer may appoint the Employer’s Representative whose name shall be specified in the Special Conditions. The matters to be confirmed, approved, agreed, and approved by the Employer as agreed in the Contract shall be subject to the seal of the Employer or the signature of the Employer’s Representative. If the Employer needs to change the Employer’s Representative, the Engineer and the Contractor shall be notified in writing at least 7 days in advance.

The Employer may delegate the Contractor to handle part of the work in the preceding paragraph at the Employer’s expense. The specific delegated content is agreed by the Parties in the Special Conditions. If the Employer fails to complete all the work stipulated in the preceding paragraph and has not entrusted the Contractor to handle the work, which causes losses to the Contractor and/or the delay in the construction period, the Employer shall compensate the Contractor for the losses and/or extend the delayed construction period.

The Contractor shall ensure that the Project Manager appointed by it is consistent with the commitments in the bid documents and that the Project Manager is in place in time, so as to ensure the stability of the project management team in the construction process. If the appointed Project Manager is inconsistent with the commitments in the bid documents or fails to be in place in time, the Employer may impose corresponding penalties on the Contractor in accordance with the Special Conditions. If the Project Manager needs to be replaced, the Engineer shall be notified in writing and the replacement shall be reported to the Employer for consent at least 7 days in advance. Without the consent of the Employer, the Contractor shall not replace the Project Manager.

The Contractor’s project to be subcontracted and the Subcontractor shall be approved by the Employer and stipulated in Special Conditions. The subcontracting part of the Project by the Contractor within its scope of contracting does not discharge the Contractor from any responsibilities and obligations.

The Employer who contracts specialized works by itself shall follow relevant laws and regulations and define the specialized contractor in the Special Conditions. The specialized works construction contract shall be signed by and between the Employer and the specialized contractor, and the Contractor and the specialized contractor have the relationship of general contracting and subcontracting.

If the price fluctuation of labor, main materials and machinery used for the Project caused by reasons other than the Contractor exceeds 5% plus or minus, the Contract Price shall be adjusted, unless the Employer and the Contractor agree not to adjust in the Special Conditions. If adjustment is made, the price difference adjustment excludes the enterprise management fees and profits.

The Engineer shall issue the interim payment certificates within 14 days after the receipt of the interim settlement statement, indicating the price it considers should be settled on the due date and the price that needs to be withheld and deducted and reporting to the Employer for approval. If the price payable in the period is less than the minimum amount paid in the period stipulated in the Special Conditions after being withheld and deducted, the Engineer may not issue a payment certificate, and the project price in the period shall be carried forward on schedule until the accumulated amount payable reaches the minimum amount paid in the period stipulated in the Special Conditions. When the accumulated payment amount in the interim reaches 90% of the total Contract Price and the additional (reduced) Contract Price, the payment shall be suspended.

(a)The Lessor owns the Leased Premises such as those defined below under iii. special conditions. These Leased Premises are currently leased to a tenant (hereafter the “Outgoing Tenant”) but the latter wished to return the said premises to the Lessor in advance who has accepted under certain conditions.