1. VOLUME - I
TENDER AND CONTRACT CONDITIONS
OCTOBER 2008

2. VOLUME I
TENDER AND CONTRACT CONDITIONS
PAGE NOS.
PART A - FORM OF TENDER A/1 - A/3
PART B - INSTRUCTIONS TO TENDERERS B/1 - B/11
PART C - FORM OF AGREEMENT C/1 - C/2
PART D - CONDITIONS OF CONTRACT
GENERAL CONDITIONS CC/1 – CC/37
CONDITIONS OF PARTICULAR APPLICATIONS D/1 – D/38
PART E - DRAWINGS E/1 - E/3
ANNEXURE - LETTER OF ACCEPTANCE
MIZIN AUTHORITY REQUIREMENTS FOR
DESIGN ERECTION OF HOARDING WALLS

3. PART A
FORM OF TENDER

4. FORM OF TENDER
(The Appendix forms part of the Tender)
To: ……………………………..
P.O. Box ……………...…..
………………………….….
………………………….….
Dear Sir,
1. Having examined the Instructions to Tenderers, Conditions of Contract, Drawings, Form of
Agreement, Specifications and Bills of Quantities for the proposed Works, and having visited
and examined the Site of the Works or caused it to be visited on our behalf by a competent and
reliable person and having acquired all requisite information relating thereto as affecting this
Tender, we the undersigned, hereby offer to construct, complete and maintain the whole of the
said Works in conformity with the said Instructions to Tenderers, Conditions of Contract,
Drawings, Form of Agreement, Specifications and Bills of Quantities for the Contract Price of
or such other sums as may be ascertained in accordance with the said conditions.
2. We acknowledge that the Appendix forms part of our Tender.
3. We have priced the Bills of Quantities in detail and return them with this tender together with all
the information requested in the Instructions to Tenderers and other Contract Documents.
4. We confirm that we have fully taken into account the Tender Circulars and Bulletins listed below,
copies of which are returned with our Tender.
.......…………...........................................................................................................................
....................…………..............................................................................................................
....................…………..............................................................................................................
5. We undertake if our Tender is accepted to commence the Works including erecting all site
facilities required and to complete and deliver the whole of the Works comprised in the Contract
within the time stated in the Appendix hereto. These periods include all Fridays, Public
Holidays, etc., and other non-working days caused by inclement weather, etc., and shortened
working hours during the Holy Month of Ramadan.

5. 6. If our Tender is accepted we will, when required, obtain the guarantee of a Bank (to be
approved by you and the Employer’s Representative) to be jointly and severally bound with us in
a sum equal to the percentage of the Contract value as defined in Clause C.10 of the Conditions
of Contract for the due performance of the Contract. We further agree to provide this bond upon
receipt of the Employer’s Representative order to commence the Works.
7. In consideration of the trouble and expense incurred by you in preparing the contract and in
examining and considering this Tender, we agree to abide by this tender for a period of 90 days
from the date fixed for receiving the same and it shall remain binding upon us and may be
accepted at any time before the expiration of that period.
8. We undertake in the event of this Tender being accepted to enter into an Agreement with you in
the form annexed hereto which may be altered and added to in such manner as you may
require for the purpose of adapting it to the circumstances of this Tender.
9. We understand that you are not bound to accept the lowest or any tender you may receive.
10. We herewith provide a Tender Bond Guarantee in the sum of five percent (5%) of the Tender
Amount.
Dated this.…........... day of .……..................................... Two Thousand and Eight
Name …………………………………… (Signature.)....……...............…...............................
Acting in the capacity of ....……..........……………………………………………...................................
Duly authorized to sign Tenders for and on behalf of
Full Name of Company ...............................................................……………………………
Address .......................................................................................………….
............................................................................................……….
..................................................................................………………
Witness .........................................................................................…………
Address ............................................................................………………….
Occupation ............................…................................................………………..

6. Appendix to the Form of Tender
Clause
Amount of Performance Security 10.1 5% of the Accepted Contract Amount
Minimum Amount of Third 23.2 Dhs. 5,000,000.00
Party Insurance for any one occurrence, number of
Occurrences unlimited
Commencement of Works 41.1 Date of receipt of Letter of Acceptance and
Date of the building permit
Time for Completion 43.1 16 months with final hand over of the project
including final testing and including Mobilization
commissioning
Liquidated Damages for Delay 47.1 Dhs. 50,000.00 per day
limited to a total of 10% of the Contract price
Period of Maintenance 49.1 365 days
Percentage for adjustment of
Provisional Sums 59.4 (c) ……… percentage to be inserted by the
Contractor
Percentage of Invoice value
of listed materials 60.1 (c) 75%
Percentage of Retention 60.2 10%
Limit of Retention Money 60.2 10% of the Contract Price
Time within which payment to 60.10 30 days
be made after Certificate
Advance Payment 60.11 5% of the Contract Price against Bank
Guarantee

7. PART B
INSTRUCTIONS TO TENDERERS

8. INSTRUCTIONS TO TENDERERS
One set of the following tender document is issued for tendering:
Letter of Invitation
Volume 1 - Tender and Contract Conditions
Volume 2 - Bills of Quantities
Volume 3 - Civil General Specifications
Volume 4 - MEP Specifications
Volume 5 - Drawings
Volume 6 - Soil Investigation Reports
The following instructions should be carefully noted by intending tenderers as failure to comply with them
may lead to invalidation of the tender.
B.1 Scope of Works
B.1.1 The Works forming part of this Tender comprises the construction, completion and
drawings, specifications and bills of quantities contained in these tender documents.
B.1.2 The Contractor shall allow for coordinating his work with the Enabling Works Contractor
and any other separately employed contractors on site.
B.2 Location of Site
B.2.1 The site is located at Liwan, Dubai, U.A.E. as shown on the site plan.
B.3 Title of the Works
B.3.1 The title of the Works is: -
“CONSTRUCTION OF BUILDING AT LIWAN, DUBAI, U.A.E.”

9. B.4 Submission of Tenders
B.4.1 The tenderer shall submit three (3) copies of tender documents, the copies to be
marked quot;Originalquot;, 1st Copyquot; and quot;2nd Copyquot;, and one copy of tender drawings. The
Form of Tender shall be signed by a duly authorised representative of the Company
tendering and shall be stamped with the Company's stamp.
B.4.2 Each page of the tender document and tender drawings is to be stamped with the
Company's stamp and initialed by the duly authorised representative of the Company.
B.4.3 Tenders shall be sealed in an envelope marked only:
addressed and submitted at the office at the location specified in the invitation not later
than the time and date specified in the Letter of Invitation.
B.4.4 No alterations (other than filling the blanks intended to be filled in) shall be made in the
Form of Tender and other sections of the tender Document. The tender Document
shall be submitted intact with items in the Bills of Quantities fully priced and totaled, and
in United Arab Emirates Dirhams, having a unit rate or price (as applicable) affixed to
every item therein.
B.4.5 If any alteration is made, except as aforesaid, and if these Instructions to Tenderers are
not otherwise fully complied with, the tender will not be considered.
B.4.6 There shall be no overwriting and any mistakes which are corrected shall be initialed by
the duly authorized representative.
B.4.7 The following supporting documents must be submitted in triplicate with the tender
Documents.
(a) A statement, signed by the Authorized Representative, stating that the tenderer
has visited the site and that he has no queries on any matter concerning the
contract.
(b) A tender Bond in accordance with Clause B 18 of these Instructions to
Tenderers (the original plus two photocopies).
B.4.8 The tenderer shall submit with his tender proof of the Authorized Representatives
authority, which shall be duly certified by an authorized officer of the Government of
Dubai, United Arab Emirates.
NEB – Tender and Contract Conditions B/2 October 2008

10. B.5 Opening of Tenders
B.5.1 The tenders will be opened in private at the convenience of the Employer.
B.5.2 The Employer reserves the exclusive rights to accept or reject all or any part of the
tender without stating any reasons. The Employer will not be responsible or pay far
expenses or losses which may be incurred by any Tenderer for the preparation of the
Tender.
B.6 Visiting Site
B.6.1 The Tenderer will be deemed to have visited the Site or caused it to be visited on his
behalf by a competent and reliable person to obtain for himself on his own responsibility
all information that may be necessary for the purpose of preparing a tender and
entering into a contract. All costs and charges in connection with the above mentioned
visits shall be borne by the Tenderer.
B.7 Buildings, Work yards, etc.
B.7.1 The Tenderer must examine and consider the Site and its surroundings, he must satisfy
himself as to the nature of the existing works and buildings in the vicinity of the
proposed Works, the nature of the existing roads or other means of communication, the
access to and egress from the Site and Works, the available accommodation as
regards land for temporary purposes (inside or outside the Site), the buildings that may
be required for temporary purposes, and must make his own enquiries as to work yard
sites and such other additional areas as he may require for temporary occupation all for
the construction, completion and maintenance of the Works described in the Contract
Documents.
B.8 Physical Conditions
B.8.1 The Tenderer must make local and independent examination and enquiries as to the
physical conditions prevailing at the Site and obtain his own information on all matters
and things that may in any way influence him in making a tender. He must also satisfy
himself as to the risks, obligations and responsibilities to be undertaken in the Contract
to be entered into by him should his tender be accepted.
B.9 Materials, Labour, etc.
B.9.1 The Tenderer must enquire and satisfy himself as to the source of supply, the
sufficiency and the means of obtaining and transporting all materials, labour, fuel, water,
electrical current for light and power and other things required for or in connection with
the Works and he must consider all other matters and possible contingencies affecting
the construction, completion and maintenance of the Works.
B.10 Neglect to Obtain Reliable Information
B.10.1 Any neglect or failure on the part of the Tenderer to obtain reliable information on the
spot or elsewhere upon the foregoing or any other matters affecting the construction,
completion and maintenance of the Works and the Contract shall not relieve the
accepted Tenderer from any risks or liabilities or from the responsibility completing and
handing over the Works all as defined in the Contract.

11. B.11 Interpretation
B.11.1 The Tenderer may request clarification or interpretation from the Employer’s
Representative / Engineer of any aspect of the Tender Documents by facsimile or letter.
The Employer’s Representative / Engineer's response will be made by facsimile or
letter addressed to all Tenderers. Where such clarification or interpretation requires a
change in the Tender Documents, the Employer’s Representative / Engineer will
prepare and issue an addendum to the Tender Documents.
B.11.2 The Employer’s Representative / Engineer will not be bound by, and the Tenderer shall
not rely upon, any oral interpretation or clarification of the Tender Documents.
B.11.3 Any request for clarification or interpretation should be received by the Employer’s
Representative / Engineer not later than five days before the tender submission date.
B.11.4 If the Tenderer requires clarification or interpretation in the final five days before tender
submission date then he shall when submitting his tender set out in a covering letter the
interpretation on which his tender has been based.
B.12 Information Supplied Not Binding
B.12.1 Neither the Employer nor the Employer’s Representative / Engineer nor any of their
employees has any authority to make any representation or to give any explanation to
Tenderers as to the meaning of the tender documents, or as to anything to be done or
not to be done by the Contractor whose tender is accepted, or as to these Instructions,
or as to any other matter or thing so as to bind the Employer or bind and fetter the
judgment or discretion of the Employer’s Representative / Engineer in the exercise of
their powers and duties under the contract, except in so far as the Employer’s
Representative / Engineer may issue a formal Circular letter to all Tenderers, amending
or explaining the tender documents, to be incorporated in to the Formal Agreement
when the Contract is signed.
B.12.2 No claim for an increase in any of the rates or prices shown in the Bills of Quantities or
in any other rate or price to be determined in accordance with the Conditions of
Contract shall be entertained nor shall the Contractor whose tender is accepted be
entitled to pursue any claim on the grounds of any representation or on the grounds that
they were supplied with information or given any promise or guarantee by the Employer
or to the Employer’s Representative / Engineer or their employees or by any other
person.

12. B.13 No Alteration to Documents
B.13.1 No unauthorized addition, omission or alteration is to be made by the Tenderer to the
Tender Documents. If any such alteration is made or if these instructions are not fully
complied with or if any incomplete tender is submitted, the tender may be rejected.
Unpriced items shall be deemed to be included in the final tender price.
B.13.2 It is a condition of tender that an offer must be submitted solely on the basis of the
tender documents issued to Tenderers and must be free of all qualifications. Should
Tenderers wish to submit an alternative offer to the Employer for consideration, such
offer must be additional to and completely separate from the unqualified tender.
B.13.3 Alternative designs will be considered if the Contractor can guarantee an earlier or more
timely completion than that stated in the Contract. Fully detailed calculations shall be
submitted in a covering letter with the tender to substantiate the alternative in a covering
letter with the Tender.
B.13.4 The tenderer should state on which of the alternative designs he has based his tender.
He should insert quantities accordingly.
B.14 Currency and Prices
B.14.1 All prices quoted must be in U.A.E. Dirhams. Fractions of Dirhams shall be in Fils.
B.14.2 The quoted tender price shall be valid during the whole period of the execution of the
works. No compensation shall be made due to currency fluctuations.
B.15 Acceptance or Rejection of Tenders
B.15.1 The Employer does not bind himself to accept the lowest or any tender and will not
assign any reason for the rejection of any tender. The Employer will not be responsible
for or pay for any expenses or losses which may be incurred by any Tenderer in the
preparation of his tender.
B.16 Tender Prices
B.16.1 Each and every page of the priced tender document is to be stamped and initialled by
the Tenderer. All tender prices to be extended in ink.
B.16.2 Any genuine arithmetical errors made by the Tenderer in extensions or totals in the Bills
of Quantities and carried through to the Form of Tender will be corrected. The Tenderer
must stand by his corrected Tender Price.
B.16.3 In cases where unit rates included in the priced Bills of Quantities are found to be
unacceptable to the Employer’s Representative / Engineer, the Tenderer shall amend
his rate by such amount as agreed with the Employer’s Representative / Engineer. The
price difference in the extended total for the item of work shall be carried through to the
General Summary page and clearly described and referenced, and added to or
deducted from the tender amount.

13. B.16 Tender Prices [cont’d]
B.16.4 The Tenderer will be required to provide the Employer’s Representative / Engineer with
a full and detailed Tender Breakdown within 24 hours of being so requested. The
breakdown will be required amongst other things to detail the calculations and build up
of all rates into labour, material and plant with detailed quantity take-offs, on-costs,
overheads and any other additions together with the calculation of preliminaries.
B.16.5 The Contractor may be required, at his own expense, to visit the Employer's offices
after submission of his tender in order to answer any queries raised by the Employer’s
Representative / Engineer upon his tender.
B.17 Tender Bond
B.17.1 Tenderers shall provide an unconditional Tender Bond in favour of the party referred to
as the Employer in these Tender and Contract Documents in an amount equal to 5%
(five percent) of the Tender Amount stated in the Form of Tender. Such bond shall
provide a surety or sureties satisfactory to the Employer to be jointly and severally
bound with the Tenderer in a form approved by the Employer and the Employer’s
Representative / Engineer.
B.17.2 A bond in respect of another Tender is not acceptable as the Bond in respect of this
Tender and a declaration to this effect, signed by the Tenderer and the bond surety or
sureties shall be submitted with the Tender Documents.
B.17.3 The security provided by unsuccessful Tenderers will be discharged three calendar
months after the date fixed for delivery of Tenders to the Employer, or until such earlier
date as a Tender shall have been accepted by the Employer and a Performance Bond
shall have been duly provided by the Tenderer whose Tender is accepted.
B.17.4 Notwithstanding the above mentioned period of three calendar months, the security
provided by the Tenderer whose Tender is accepted shall be discharged only upon the
receipt by the Employer of the Performance Bond referred to and defined elsewhere in
these Contract Documents.
B.17.5 If the Tenderer whose tender is accepted fails to provide the above mentioned
Performance Bond at the time of receipt of the Employer’s Representative / Engineer's
order to commence the full amount of the Tender Bond shall become payable to the
Employer as compensation for such default.
B.18 Validity of Tender
B.18.1 Tenders shall remain valid and binding upon the Tenderers for a period of 90 days, with
a provision for extension upon mutual agreement, commencing from the date fixed for
delivery of tenders to the Employer and it may be accepted at any time before the
expiry of this period.

14. B.19 Tender Evaluation
B.19.1 The Tenderer must be prepared to visit the Employer’s Representative / Engineer's
offices in the period of tender evaluation to clarify and/or amplify any part of his tender
in order to satisfy the Employer’s Representative / Engineer that he has carefully
considered all matters affecting the execution of the work.
B.19.2 All costs in relation to these visits shall be borne by the Tenderer.
B.20 Tendering to be Confidential
B.20.1 All Tenderers shall consider and treat all details in these Tender and Contract
Documents as private and confidential.
B.21 Language
B.21.1 All correspondence in connection with this contract shall be in English.
B.22 References
B.22.1 The Tenderer shall submit with his tender, references of all key personnel to be
involved with the contract.
B.23 Manpower
B.23.1 The Tenderer shall submit with the tender a schedule of proposed manpower for the
entire duration of the project.
B.24 Equipment and Plant
B.24.1 The Tenderer shall submit with the tender a schedule of proposed equipment and
construction plant for the entire duration of the project.
B.25 Type of Contract
B.25.1 This is a lump sum fixed price contract. Unless specifically described as being
provisional or estimated, the quantities will not be re-measured. Notwithstanding the
lump sum nature of the contract, the contract price upon completion of the works will be
amended to include only the approved expenditure of provisional sums and dayworks.
This is in addition to the other amendments that are necessary to be carried out as
provided for in the conditions of contract.
B.25.2 The Bills of Quantities have been prepared as estimated quantities and the Tenderer is
responsible for the accuracy of the Quantities. No adjustments will be made in the event
of any error in the Quantities being discovered after acceptance of the tender. The Bills
of Quantities will be used to prepare interim Valuations and to value any Variations
which may occur.

15. B.25 Type of Contract [cont’d]
B.25.3 The descriptions contained in the Bills of Quantities for each item are not necessarily
complete. The Contractor is referred to the Conditions of Contract and other
documents, Specifications and Drawings as well as relevant Standards and Codes of
Practices for further information as no claim or variation will be considered on account
of the Contractor's failure so to do.
B.25.4 The Contractor is to execute the Works in accordance with the intent and meaning of
the Drawings and Specifications and is to supply all items/accessories necessary for
the proper execution of the Work and is to execute all Work which may be inferred
whether or not specifically shown or described.
B.26 Conditions of Contract
B.26.1 The General Conditions of Contract comprise the “General Conditions”, which form part
of the “Conditions of Contract for Works of Civil Engineering Construction” Fourth
Edition 1987, with 1992 amendments published by the Federation Internationale des
Ingenieurs-Conseils (FIDIC), and the following Part II “Conditions of Particular
Application”, which include amendments and additions to such General Conditions.
B.27 Time of the Essence
B.27.1 The tenderers shall note that the completion period of the project is most important.
B.27.2 To this end, the Employer will be very receptive to proposals for shortening the contract
period by whatever possible means.
B.28 Local Agent
B.28.1 No tender will be accepted unless accompanied by a copy of a current and valid Trade
License issued by Dubai Municipality in the name of the tenderer. In the event that the
firm has not established an office in the Emirate of Dubai, then it must submit a letter
stating the name and address of their local agent, countersigned by him and
authenticated by the court concerned.
B.29 Project Programme
B.29.1 The Tenderer shall submit a proposed overall construction programme. The time
scales shall be indicative of the periods in which the works have been planned to be
carried out.
B.29.2 The Employer reserves the right to impose a financial penalty, pro-rata to the
percentage of the value of each package in relation to the Contract Price and Liquidated
damages. In the event the Contractor achieves the final completion date or the next
agreed milestone, financial penalties incurred would be reimbursed. Any penalties
imposed shall be limited to 10% of the package value.

16. B.30 Completion in accordance with Programme
B.30.1 The Tenderer is to allow for all necessary overtime or additional shifts in his tender to
ensure compliance with the programme for the Works. Under no circumstances shall
any claims for additional costs due to overtime or additional shift working required to
complete the Works on time be entertained.
B.31 Bona Fide Tender
B.31.1 The Tenderer must not discuss this tender or any aspect of it with any third party. Any
evidence of collusion or collaboration will result in rejection of the Tender.
B.32 Manufacturers / Suppliers of Materials
B.32.1 The tenderer shall consider using locally available materials provided those materials
comply with the specification.
B.33 Particulars to be submitted with Tender
B.33.1 Tenderers shall submit with their tenders the following particulars:-
(a) a copy of each Circular Letter to Tenderers issued by the Employer’s
Representative / Engineer, if any, which must be endorsed by the Tenderer.
(b) a Method Statement giving in outline and detail their general scheme and
programme of the execution of each section of the Works in the form of a bar
chart; the programme shall be separated into sections to show how the various
elements of the works are to be integrated and shall incorporate in detail the
work of all sub-contractors ;
(c) particulars of their proposed site organization including CVs of senior staff and
the labour force they propose to use, giving details of the number of workmen
to be employed during the contract;
(d) particulars of the plant they propose to use ;
(e) a list of the Sub-Contractors, including local firms they propose to use with
particulars of the extent of the work which will be undertaken by them :
(f) the sources from which they propose to obtain their local materials and
aggregates ; and details of all other sources and types of materials where
these vary from the specification,
(g) their forecast of certificate payments in the form of a cash flow chart.
(h) a proposed Site layout which should clearly show the position of all temporary
works, offices, stores, sheds, work areas, etc. in relation to the permanent
works, access to the Site, temporary roads within the Site, etc.
(i) particulars of their proposed piling method as required by the Specification.
(j) A Site Access Plan including estimated traffic movements for the duration of the
Contract.
All approved proposals will be binding on the Contractor and can only be altered at the

17. Employer's or Employer’s Representative / Engineer’s discretion.
B.34 Alternative Tenders:
B.34.1 In the event that the Tenderer wishes to submit and alternative tender based on
specifications other than those in the Tender Documents, this alternative will only be
considered provided that a Tender fully complying with the conditions laid in the
Tender Documents is also submitted. The Tenderer shall give full details of such
alternative specifications together with the effect, if any, on the Tender Sum. The
Employer shall be free to accept whichever Tender he may choose. Alternative
Tender must be submitted along with the main Tender and shall be endorsed
“Alternative No. 1”
B.35 Value Engineering
B.35.1 In the event the proposed Contract Price is over and above the Employers Budget,
the Contractor may be requested to participate in Value Engineering exercise. The
Employer also reserves the right to transfer the any parts of work to Provisional Sums
and nominating a Specialist Subcontractor.

18. SPECIMEN FORM OF TENDER BOND
To :
……………………
P.O. Box …………
Dubai
U.A.E.
We have the honour to inform you that we guarantee
Messrs ...................................................................……..................…...............................................
for the amount of ..................................................................………...….............................................
...............................................................................................(Dhs……..............................................)
as guarantee for their good intention in the presentation of their Tender for construction, completion,
maintenance and delivering up of the above-named works mentioned in conformity with the provision of
the Contract Documents.
This guarantee shall remain valid and irrevocable for a period of ninety (90) days starting at twelve (12)
o'clock on the date indicated in your letter of invitation to tender.
In the event of Messrs ..................................................................................………..........................
..................................................................................................................................………................
................................................................. withdrawing their tender before the expiration of the period of
validity of this letter of guarantee we definitely undertake to deposit with you upon demand and not
withstanding any objection on the part of the
said Messrs .....................................................................................................................……….........
.....................................................................................................................................................……
the aforesaid sum of ........................................................................................................................…
.......................................................................................................................................…. in cash.
Yours faithfully
Signature

19. PART C
FORM OF AGREEMENT

20. FORM OF AGREEMENT
THIS AGREEMENT made the .................. day of ................................. 2008 BETWEEN
WHEREAS the Employer is desirous that certain Works should be executed, namely construction,
completion and remedying of any defects of Residential Building at Liwan, Dubai, U.A.E. and has
accepted a tender by the Contractor for undertaking such works.
NOW THIS AGREEMENT WITNESSES as follows:-
1. The Employer will pay to the Contractor the sum
of…………………………………………………....
...................................................................................................................... (hereinafter referred to as the
quot;Contract Pricequot;) or such other sum as shall become payable under the Contract.
2. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
3. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz:-
(a) The Conditions of Contract
(b) The Drawings
(c) The General Specification
(d) The Priced Bills of Quantities
(e) The Form of Tender
(f) Appendices
(g) The Letter of Acceptance
(h) The Instructions to Tenderers
(j) Any other documents mutually agreed to be signed and dated at this time and listed
hereunder:
..…......……….............................................................................................................
..…......……….............................................................................................................
4. In consideration of the payments to be made by the Employer to the Contractor as herein
mentioned the Contractor hereby covenants with the Employer to undertake the Works in
conformity in all respects with the provisions of this Agreement.
5. The Employer hereby covenants to pay the Contractor in consideration of the completion of the
Works the Contract Price within 30 days of acceptance of the Contractor’s final report.

21. Form of Agreement
IN WITNESS whereof the authorized representative of the parties have hereunto set their respective
hands the day and year first above written.
SIGNED BY................................…………....................
SIGNED BY...................................................………….
for and on behalf of THE EMPLOYER
In the presence of :-
Signature.....................................................
Address.......................................................
Occupation..................................................
SIGNED BY................................................……………
for and on behalf of THE CONTRACTOR
In the presence of :-
Signature.....................................................
Address.......................................................
Occupation..................................................

22. PART D
CONDITIONS OF CONTRACT

23. GENERAL CONDITIONS

62. CONDITIONS OF PARTICULAR APPLICATIONS

63. Part D
_____________________________________________________________
PART 1
GENERAL CONDITIONS
The General Conditions of Contract shall be the Conditions of Contract for Works of Civil
Engineering Construction, (Fourth Edition 1987 – reprinted 1988 with editorial amendments and
reprinted 1992 with further amendments) published by the Federation Internationale des Ingenieurs –
Conseils (FIDIC) and shall be amended and added to in accordance with the following Part II entitled
“Conditions of Particular Application”.
Tenderers are deemed to be in possession of their own copy of this document.
The Clauses in Part II Conditions of Particular Application shall take precedence over the Clauses of
the General Conditions of Contract.

64. Part D
_____________________________________________________________
PART II
CONDITIONS OF PARTICULAR APPLICATION
Note: Clause reference numbers refer to Clause numbers in the General Conditions of Contract
where applicable.
Definitions
Dubai, U.A.E
(x) The quot;Quantity Surveyorquot; is
Dubai, U.A.E
Engineer’s Duties
and Authority 2.1(b) Before exercising his authority under the following Clauses of the
Contract, the Engineer is required to obtain the specific approval of
the Employer.
Clause 2.3 Authority to Delegate
Clause 2.4 Appointment of Assistants
Clause 4.1 Subcontracting
Clause 14.1 Programme
Clause 15.1 Contractor's Superintendence
Clause 44.1 Extension of Time
Clause 48 Taking-Over Certificate
Clause 51.1 Variations
Clause 52.1 Valuation of Variations
Clause 52.2 Power to Fix Rates
Clause 58.2 Use of Provisional Sums
Clause 60.8 Final Certificate
Clause 62.1 Defects Liability Certificate

65. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Language 5.1(a) The Contract Documents shall be drawn up in the English
and Law language.
(b) The Contract shall be governed by and construed according to the
Laws in force in Dubai, U.A.E.
(c) The Contractor shall conduct all correspondence with the Employer
and the Engineer in English language.
Priority of 5.2 Add the following:
Contract Documents
If any discrepancies occur between the contracts documents, the
Engineer has the right to choose any of the specified materials
and the Contractor to price the items considering such errors or
mistakes.
Supplementary 7.1 Add the following:
Drawings
and Instructions The Contractor shall give the Engineer reasonable notice of any
additional design drawings, specifications or instructions required
to define the Works in greater detail or to permit the proper
progress of the Works. Failure to give notice under sub-clauses
6.3 and 7.1 will remove the Contractor’s right to claim for
extensions of time under sub-clause 6.4. The Contractor shall
not be entitled to additional payment if such drawings do not incur
the contractor in additional work.
Contractor’s 8.4 The contractor shall perform all his obligations under the Contract
Obligations strictly in accordance with the standards of skill, care and
diligence adhered to by experienced and competent contractors
specialising in work of the particular type, nature and magnitude,
and shall not unreasonably object to any measures adopted by
the Engineer in the general interest of works and quality control.
Delete Sub-clause 11.1 of the General Conditions and insert the following:
Inspection 11.1 The Contract shall be deemed to be based on
of Site the understanding that the Contractor is completely familiar with
the physical conditions prevailing at the Site. No additional
payment in respect of the above will be considered.

66. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Sub-clause 14.1 and 14.2 of the General Conditions are deleted and the
following substituted:
Programme to 14.1 The Contractor shall submit to the Engineer/ the Employer, within
be Submitted 28 days after the date of Letter of Acceptance, for their consent, a
programme (three paper copies and one electronic copy in
Primavera Version) in a form prescribed hereunder, for the
execution of the Works. The Contractor’s first monthly payment
will be dependent upon the consent, by the Engineer, of the said
programme.
The Contractor shall also submit:
a) a general description of the arrangements and methods which
the Contractor proposes to adopt for the execution of the
Works.
b) a schedule of submission of shop drawings indicating the
approved required-by date.
c) fabrication schedules.
d) material procurement schedules.
e) a cash flow forecast by loading each activity in the Base Line
by the equivalent Budgeted cost.
f) a subcontractors’ procurement schedule.
g) a list of key project indicators e.g. concrete, formwork,
blockwork etc.
h) the Contractor shall coordinate with the Engineer/ the
Employer for the required dates for appointment of all PC &
PS items taking into consideration that none of the PC & PS
items shall commence prior to 5 months of project
commencement dates. Items (a), (b), ( c), (d), (e), (f) and (g)
are to be in line with the programme.
The programme shall include the following:
1. A critical path analysis.
2. Total and free floats.
3. Duration of each activity.
4. Early start, early finish, latest start and latest finish of each
activity.
5. Critical activities.
6. Predecessors and successors.
7. The programme shall be resourced and the manpower and
plant requirements and cost of each items are to be indicated
time unit wise.
8. The footer shall include a revision box, programme number
and the issue date.
9. The header shall include the project title and programme title.
10. The package numbers together with the subcontractors’
names.
11. The activities shall also show relationship between
procurement, construction and installation.

67. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Recovery 14.2 If at any time it should appear to the Engineer that the
Programme actual progress of the Works does not conform to the approved
programme referred to in Sub Clause 14.1, the Contractor shall
produce within 7 days of being so requested by the Engineer a
recovery programme showing the modifications to the approved
programme necessary to ensure completion of the Works within
the time for completion as defined in Clause 43 of the Conditions
of Contract.
Cash Flow 14.3 Submit the cash flow estimate within 28 days after the date of the
Estimate Letter of Acceptance.
Contractor not 14.4 The submission to and consent by the Engineer of such
Relieved of programmes or the provision of such general descriptions or cash
Duties or flow estimates shall not relieve the Contractor of any of his duties
Responsibilities or responsibilities under the Contract.
Contractor 14.5 The Contractor is requested to submit daily, weekly and
Reports monthly reports in accordance with the common standards and
practice. All the above reports format to be in compliance with the
Engineer / the Employer’s planning and scheduling requirements.
Contractor's 15.2 The Contractor's authorised representative shall be fluent
Superintendence in English.
Setting Out 17.1 In line 10 after quot;Employerquot;, the following sentence is to be added.
quot;Provided that the expense of rectifying any errors shall be borne
by the Contractor if such error results from incorrect data on the
Drawings or in the Specifications which were used for Tender
purposes which Drawings and Specifications are deemed to have
been carefully studied by the Contractor and accepted by him as
being correct unless he has notified the Engineer in writing of such
errors at the time of tenderingquot;.
Employer's 20.4 Delete sub-clause 20.4(h).
Risks
Accident or 24.1 After each reference to Employer, insert 'and Engineer'.
Injury to Workmen
Transport of 30.2 This clause is deleted and the following substituted:
Contractor’s
Equipment or
Temporary Works “Should it be found necessary for the Contractor to move
One or more loads of constructional plant, machinery or pre-
constructed units or parts of units of work over part of a highway
or bridge, the moving whereof is likely to damage any highway or
bridge unless special protection or strengthening is carried out,
the Contractor shall before moving the load on to such highway or
bridge, give notice to the concerned owner or Government

68. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Department. All costs, expenses, delays and the like arising
therefrom shall be the entire responsibility of the Contractor. No
claim will be allowed by the Engineer for any such costs,
expenses, delays and the like.
After Sub-clause 34.1 insert the following:
Accident 34.2 The Contractor shall have on his staff at the Site an officer
Prevention dealing only with questions regarding the safety and protection
Officer, against accidents of all staff and labour. This officer shall be
Accidents qualified for this work and shall have the authority to issue
instructions and shall take protective measures to prevent
accidents.
Health and 34.3 Due precautions shall be taken by the Contractor, and at his own
Safety cost, to ensure the safety of his staff and labour and, in
collaboration with and to the requirements of the local health
authorities, to ensure that medical staff, first aid equipment and
stores, sick bay and suitable ambulance service are available at
the camps, housing and on the Site at all times throughout the
period of the Contract and that suitable arrangements are made
for the prevention of epidemics and for all necessary welfare and
hygiene requirement.
Supply of 34.4 The Contractor shall, so far as is reasonably practicable, having
Water regard to local conditions, provide on the Site an adequate supply
of drinking and other water for the use of his staff and labour.
Alcoholic 34.5 The Contractor shall not, otherwise than in accordance with the
Liquor or Statutes, Ordinances and Government Regulations or Orders for
Drugs the time being in force, import, sell, give, barter or otherwise
dispose of any alcoholic liquor or drugs, or permit or suffer any
such importation, sale, gift, barter, or disposal by his sub-
contractors, agents, staff or labour.
Arms and 34.6 The Contractor shall not give, barter or otherwise dispose of to
Ammunition any person or persons, any arms or ammunition of any kind or
permit or suffer the same as aforesaid.
Festival 34.7 The Contractor shall in all dealings with his staff and labour have
and Religious due regard to all recognised festivals, days of rest and religious or
Customs other customs.
Disorderly 34.8 The Contractor shall at all times take all reasonable precautions
Conduct to prevent any unlawful, riotous or disorderly conduct by or
amongst his staff and labour and for the preservation of peace
and protection of persons and property in the neighborhood of the
Works against the same.

69. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
After Sub-clause 35.1 insert the following:
Reporting 35.2 The Contractor shall report to the Engineer details of any
to Accidents accidents as soon as possible after its occurrence. In the case of
any fatality or serious accident, the Contractor shall, in addition,
notify the Engineer immediately by the quickest available means.
Cost of test not 36.4 Sub – clause 36.4 is deleted entirely & Substitute: -
provided for
36.4.1 The Contractor shall allow in his pricing for all tests as necessary
to be carried out on the materials due for incorporation into the
works. The Contractor shall note that it may be required that the
Engineer will have to visit the factories of various manufacturers
in order to establish and monitor testing procedures and the
Contractor’s price is deemed to have included for providing such
provisions.
36.4.2 The Contractor is to submit samples of all materials and / or
catalogues requested by the Engineer, and the cost for the same
is deemed to be included in the Contract. Samples of
workmanship requested by the Engineer shall be provided by the
Contractor and the cost for the same is deemed to be included in
the Contract.
36.4.3 The Contractor is to carry out tests of materials as required by the
Engineer and the cost for the same is deemed to be included in
the contract.
Time for Completion 43 Delete quot;calculated from the last day of the period named in the
appendix to the Tender as that within which the Works which are
to be commencedquot; and Substitute quot;calculated from the date of the
Engineer's written order to commence the Works on Site”.
Cost of Overtime 45.2 After Sub-clause 45.1 insert the following:
The rates wherever applicable to be used for calculating overtime
for the Engineer and the Design Consultant will be as follows:
Overtime Dhs/hr
Resident Engineer / Project Manager 350
Structural Engineer / Architect 250
MEP Engineer 250
Site Engineer 200
Quantity Surveyor 250

70. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Penalty for Delays 47.1 After Sub-clause 47.1 insert the following:
If the amount of penalty for delays payable to the employer should
reach 10%, The Employer has the right to take over the project
and complete it and charge any extra cost over the contract
amount to the contractor. This is in addition to the 10% penalty
and excluding consultant supervision fees for additional time of
construction.
Reduction of penalty 47.2 This clause has been entirely deleted.
for delay.
Concurrent Delays 48.5 Add the following:
In the event of concurrent delays, client will not pay any
prolongation costs and Contractor to consider that this clause will
supersedes any clauses that may contradict with the content of this
clause.”
Quantities 55.1 The Contractor shall be deemed to have satisfied himself as to the
accuracy of the quantities (except for any provisional items and/or
provisional quantities) and to have included in the Contract Price for
all variances in measurements and inserting appropriate prices in
the Bills of Quantities where provision is made for the Contractor to
price such variances.
Any error in the description in or any omission from the Bill of
Quantities shall not vitiate the Contract nor release the Contractor
from the execution of the whole or any part of the works according
the drawings and specifications or from any of his obligations or
liabilities under the contract.
Quantities not to 55.2 The quantities shall not be subject to re measurement. Any errors
Be remeasured shall not be adjusted in accordance with Clause 51 here in.
Works to be 56.1 This clause has been deleted and substitute:
remeasured
“This is a Lump Sum Contract and therefore the works shall not be
subject to re-measurement except where specifically ascertain and
determine by reference to the Contract Price. The value of the
works in accordance with the Contract and the Contractor shall be
paid that value in accordance with clause 60. The Engineer shall,
when he requires any variations or provisional items to be
measured, give reasonable notice to the Contractor’s authorised
agent, who shall:
a) forthwith attend or send a qualified representative to assist the
Engineer in making such measurements and
b) supply all particulars required by the Engineer.

71. _____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Definition of 59.1 Add the following:
“Nominated
Subcontractors” The contractor has to prove within 28 days from the receipt of the
nomination letter from the Engineer that he entered in a Sub contractor
agreement with the nominated Subcontractor.
Nominated 59.2 Insert after sub clause 59.2(b) the following:
Sub-Contractors
Objection to
Nomination c) that the sub-contract works shall be completed within the period or
(where they are to be completed in sections) periods therein
specified. The Contractor shall not without the written consent of
the Engineer grant any extensions of time for completion of the
sub-contract works or any sections thereof, and the Contractor shall
inform the Engineer of any representations made by the nominated
sub-contractor as to the cause of any delay in the progress or
completion of the sub-contract works or any section thereof.
d) that if the nominated sub-contractor shall fail to complete the
sub-contract works or (where the sub-contract works are to be
completed in sections) any section thereof within the period
therein specified or within any extended time granted by the
Contractor with the written consent of the Engineer and the
Engineer certifies in writing to the Contractor that the same ought
reasonably so to have been completed, the nominated
sub-contractor shall pay or allow to the Contractor either a sum
calculated at the rate therein agreed as liquidated and ascertained
damages for the period during which the said Works or any section
thereof, as the case may be, shall so remain or have remained
incomplete or (where no such rate is therein agreed) a sum
equivalent to any loss or damage suffered or incurred by the
Contractor and caused by the failure of the nominated
sub-contractor as aforesaid.
f) that the Contractor shall retain from the sum directed by the
Engineer as having been included in any certificate issued a
percentage (which percentage shall be equal to the percentage
currently being retained by the Employer) or such value; and that if
and when such sums or any part thereof are released to the
nominated sub-contractor they shall be paid in full within three (3)
days of receipt by the Contractor of payment from the Employer.
g) that the Engineer shall have the right of access to the
workshops and other places of the nominated sub-contractor.
h) that the employment of the nominated sub-contractor under the
sub-contract shall determine immediately upon the determination
(for any reason) of the Contractor's employment under this
Contract unless at the time of such determination the Employer
requires the Contractor to assign to him the benefit of the
sub-contract.

72. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
j) that in the event of the last paragraph of Clause 59.5 hereof being
operated by the Engineer the nominated sub-contractor shall
indemnify the Contractor against any claim which the Employer
might make in respect of latent defects in the Sub-contract Works.
k) that the Contractor shall obtain the approval of the Engineer
of all forms of Sub-Contract Agreement he proposes to enter
into with each nominated Sub-Contractor.
m) the time for the contractor to raise reasonable objection against
the nomination to be defined as seven (7) days. Therefore the
contractor has to proof within seven (7) days from the receipt of
the nomination letter from the engineer that he entered in a sub
contractor agreement with the nominated sub contractor unless
otherwise reasonable objection raised.
Payments to 59.4 Add the following:
Nominated
Subcontractors: The contractor before raising the next payment certificate to
enclose a proof that all the nominated Subcontractors payments
have been released, paid and received by the nominated
Subcontractor within three (3) days after receipt by the Contractor,
without proofing the same the Engineer may suspend the
Contractors payments waiting for him to pay the payments due to
the nominated Subcontractors or to recover the same payments
from the contractor payment and pay it to the nominated
Subcontractors.
Penalty clause to be generated on the delay of the As built and
guarantee delay.
Monthly Statements 60.1 Add the following at the end of Clause 60.1 (c):
Materials on site shall only be paid at the percentage stated in the
Appendix to tender only when the Engineer and Employer
Representative is satisfied that the materials have been delivered
to site for timely incorporation into the works. (i.e. not prematurely).
Advance payment 60.11 An Advance payment in percentage as stated in the Appendix to
the Tender shall, following the presentation by the Contractor to the
Employer of an approved performance security in accordance with
Sub-Clause 10.1, insurances required to be effected by the
Contractor and a guarantee in terms approved by the Employer, for
the full advance payment, be certified by the Engineer for payment
to the Contractor. The Advance payment security shall be in the
form as annexed to these Conditions of Contract. Such guarantee
shall be progressively reduced by the amount recovered by the
Contractor as indicated in interim certificates of the Engineer issued
in accordance with this Clause.

73. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Advance payment 60.11 The advance payment shall not be subject to retention. The
[cont,d] advance payment shall be recovered by way of reduction in interim
certificates commencing with the first certificate. The amount of
reduction in each interim certificate shall be at the same % as
stated in the Appendix to the Tender, for the purpose of this
Clause, of the gross certified value in such interim certificates until
the advance payment has been recovered in full, subject to the
provision that the full value of the advance payment shall be
recovered within a period of 30 days prior of completion date.
Upon the happening of any of the events specified in Sub-Clause
63.1 or termination under Clause 65, 66, or 69, the whole of the
balance then outstanding shall immediately become due and
payable by the Contractor to the Employer.
Arbitration 67.3 Following paragraph (b), delete the words quot;shall be finally settled
unless otherwise specified in the contract, under the Rules of
Conciliation and Arbitration of the International Chamber of
Commercequot; and substitute quot;shall be finally settled under the Rules
of Arbitration and Conciliation of the Dubai Chamber Commerce
and Industryquot;.
Notice to 68.2 All notices to be given to the Employer or to the Employer’s
Employer or Representative / Engineer under the terms of Contract shall be
Employer’s served by delivering the same to:-
Representative
Employer -
Dubai U.A.E
Employer’s -
Increase or 70.1 No adjustments to the Contract Price shall be made in
Decrease of Cost respect of rise or fall in the costs of labour and/or plant and/or
materials or any other matters affecting the costs of the execution
of the Works except as provided elsewhere in the Contract.
Subsequent 70.2 Delete quot;after the date 28 days priorquot; and replace with
Legislation quot;subsequentquot;.

74. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Currency 71.1 Delete Sub-clause 71.1 and replace with:
Restrictions
The Contractor shall allow in his contract price for all effects of
currency restrictions and/or transfer of currency restrictions which
may be imposed by the Government or authorised agency of the
Government of the country in which the Works are being or are to
be executed before or during the period of the Contract. The
Employer shall not have any liability or responsibility to reimburse
the Contractor for any loss or damage to the Contractor arising
from such restriction.
Rates of 72.1 Sub-clause 72.1 is deleted.
Exchange
Currency 72.2 Sub-clause 72.2 is deleted.
Proportions
Currencies 72.3 Sub-clause 72.3 is deleted.
of Payment for
Provisional Sums
Law to Apply 73. The Contract shall in all respects be construed in accordance with
the Law of Dubai and U.A.E. and any difference that may arise
between the Employer and the Contractor in regard thereof shall be
settled in accordance therewith.
Compliance with 74. The Contractor's operations and proceedings in connection
Local Laws and the Works shall at all times during the continuance of the contract
Regulations be conducted in accordance with Local Laws and Regulations for
the time being in force in Dubai. The Contractor shall also comply
with the bye-laws and regulations of all authorities (if any) having
jurisdiction over or in connection with the Works on Site or other
operations such as those carried out by the Contractor and shall
give all notices required by such bye-laws and regulations.
Hospital and medical regulations in force for the time being shall
also be complied with by the Contractor, his sub-contractors,
employees and workmen.
Taxation 75. The Contractor shall pay all Government and Municipal taxes
including road taxes and vehicle registration fees, building permit
and inspection charges and any taxes which may in the future be
levied on the Contractor or his expatriate employees whilst
employed on this project.
Details 76. The Contractor shall treat the Contract and everything
Confidential contained therein as private and confidential. In particular, the
Contractor shall not publish any information, drawing or
photographs concerning the Works and shall not use the site for the
purpose of advertising except with the written consent of the
Employer and subject to such conditions as he may prescribe.

75. 1
Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Bribery 77. Any commission, advantage, gift, gratuity, reward or bribe given,
promised or offered by or on behalf of the Contractor or his agent or
servant or any other person on his or their behalf to any officer,
servant, representative or agent of the Employer or the Engineer or
to any person on their behalf or on behalf or on of any of them in
relation to the obtaining or to the execution of this or of any other
contract with the Employer shall, in addition, to any criminal liability
which may be thereby incurred, subject the Contractor to the
cancellation of this and of all other contracts with the Employer and
also the payment of any loss or damage resulting from such
cancellations.
Service Authorities 78. The Contractor shall comply in all respects with the regulations of
all Service Authorities whether for temporary or permanent work in
connection with those Authorities in carrying out his obligations
under the Contract.
Work on Adjoining 79.1 The Contractor shall neither be entitled to claim indemnity or
Site extension of time for the works nor to be excused from any of the
obligations of the Contract by reason of or to submit any claim in
respect of disturbances or delay due to the simultaneous
execution of work adjoining the Site.
Indemnity to the 80.1 The Contractor shall indemnify the Employer and the
Employer’s Officials Employer's Representative and every member, officer and
and Engineer employee thereof and the Engineer and the Engineer's
Representative and every member of their staff from any claim or
demand for accident, injury, damage, loss and/or compensation of
any kind whatsoever arising out of or in connection with all claims
and demands which may be made against the Employer for or in
respect of or arising out of any failure by the Contractor in the
performance of his obligations under any of the provisions of the
Contract.
80.2 If the Employer has to pay any money in respect of any claims or
demands as aforesaid, the amount so paid and the cost incurred by
the Employer shall be charged to and paid by the Contractor,
provided always that the Employer, shall, if circumstances permit,
give to the Contractor reasonable opportunity of examining such
claims or demands before payment. In the event of the Contractor
disputing the amount of any payment (except payments made in
accordance with legal obligations or after approval by the
Contractor) then the Contractor shall have the right to dispute the
matter, and refer it to Arbitration in accordance with the provisions
herein contained.

76. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Decennial 81.1 The Contractor shall be liable for the consequence or errors,
Liability omissions or negligence on his part and in particular he shall be
liable for any defects in the construction of any part of the Works
where such defects are due to any error, omission or negligence
of the Contractor or his staff provided that such defects become
apparent during the period of ten years from the issue of the
Taking-Over Certificate for the part of the Works in question. The
liability of the Contractor shall in any event be limited to the cost of
rectification of the Works. The approval of the Engineer shall not
in any way absolve or relieve the Contractor from any such
obligations, responsibility or liability.
Contractor 82.1 The Contractor shall be responsible for the collection of the
to collect permit documentation from Dubai Municipality and pay all
Permit necessary fees for this collection within two working days from
receiving written instructions from the Engineer.
Contractor 82.2 The Contractor shall be responsible for completing the Works in
to obtain accordance with the Building Permit and to the satisfaction of the
Municipality Dubai Municipality. He shall be responsible for arranging
Completion inspection by the Municipality and for obtaining the Municipality’s
Certificate Certificate of Completion and other approvals necessary for the
connection of services, in order to ensure completion of the
Contract.
Contractor 82.3 On receipt of the Municipality building permit the Contractor shall
to Advise of examine all the documentation handed over by Dubai
Dubai Municipality as part of the building permit and advise the
Municipality’s Engineer in writing within 14 days from the date of receipt of any
Comments comment or special requirement stated by Dubai Municipality on
any of the documents which make up the Municipality building
permit. Failure of the Contractor to submit such advice within the
prescribed period of 14 days shall be deemed to be confirmation
to the Engineer and the Employer that the Works required in this
Contract have received the mandatory Municipality building
permit, relieving the Employer thereafter from any responsibility to
liaise with Dubai Municipality for obtaining any permit in
connection with the Works required in the Contract and from
considering any claim by the Contractor for any extension of time
or additional payments due to extra work resulting from comments
made in writing by the Municipality on any of the documents of the
Municipality building permit.

77. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Inspection 83.1 Upon the written request of the Contractor to the Engineer,
for the Engineer will issue a letter stating that the Works are
Municipality complete to allow the inspection of the Municipality for the
Certificate Municipality Completion Certificate to take place, provided always
of Completion that the Engineer shall be satisfied that the Works are complete to
this extent. If the Works are not complete to the satisfaction of the
Engineer, the Contractor will be required to complete the
necessary works and issue further request. The issuance of the
letter referred to in this Clause by the Engineer shall not constitute
completion within the meaning of Clause 48 or shall have any
meaning other than that the Works are complete for the purpose
of initiating the inspection for the Municipality Completion
Certificate.
Contractor 83.2 In addition to the requirements of Clause 48, the Contractor is
solely required to complete the Works necessary for obtaining the
responsible Municipality Certificate of Completion defined in Clause 85 and
for obtaining 86 by the Milestone Date shown in the programme referred to in
Municipality Clause 14. The Contractor’s failure to obtain this certificate for
Certificate of any reason other than reasons which entitle the Contractor within
Completion the provision of the Contract to an Extension of Time, shall be the
sole responsibility of the Contractor and shall not constitute any
ground for an Extension of Time or additional costs
Permanent 84.1 The Contractor shall be responsible under this Contract to liaise
Electricity, with all Statutory Authorities to ensure that the work is carried out
Water, to their latest regulations and rules regardless of the fact that the
Telephone and Engineer has already liaised with such Authorities prior to the
Drainage award of this Contract.
Contractor 84.2 Notwithstanding his responsibility under sub-clause 87.1, the
to Advise of Contractor shall within 28 days of the notice to commence the
Statutory Works contact all Statutory Authorities and discuss in detail with
Authorities’ them the requirements of the Works. He shall be responsible to
Changes ensure that no rules, regulations or requirements of the Statutory
Authorities have changed, or that the Authorities require any details
for the Works which are different from those included or inferred in the
Contract, which may cause a variation to the Contract. If any changes
are required by the Statutory Authorities, the Contractor shall inform
the Engineer within a further 14 days (i.e. within 42 days of the notice
to commence) giving full details of the consequence of these changes
including details of costs and programme. If no notification has been
received by the Engineer within the time stipulated, it will be deemed
that no variation will be necessary and the Contractor will forfeit his
rights to any additional time or costs due to any subsequent Statutory
Authorities requirements.
Contractor to 84.3 The Contractor shall liaise with all Statutory Authorities
Obtain full throughout the Contract and shall be responsible for obtaining full
Approval of approval of the Authorities and connections as required by the
Statutory Authorities Contract.

78. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Employer 84.4 The Employer shall be responsible to pay directly to the relevant
Responsible to authority all charges and fees which are necessary for the
Pay Fees completion of the Works. The Contractor shall be responsible for
giving the Employer two (2) weeks notice that the payment is due.
Delay to 84.5 In the event that the supplies of permanent services to the site are
Permanent delayed for reasons for which the Contractor is not responsible
Services and under the contract, the final commissioning of the building may be
Commissioning delayed but the Contractor shall complete all testing required
under the Contract using temporary supplies for which he shall be
responsible. In this event the Contractor shall be awarded an
extension of time in accordance with Clause 44.2 for the
commissioning only. The commissioning shall be completed within
4 weeks from the connection of the permanent services, or such
other time as may be specified by the Engineer. If the
commissioning is not completed within this period, the Contractor
shall pay liquidated damages as defined in Clause 47.1 and 47.2.
If an extension of time is given for this reason the Contractor shall
be entitled to any expense which he demonstrates that he has
incurred as a result of the delay provided such claims are
submitted in accordance with Clause 52.2.
Contractor’s 85.1 All Contractor design items are to be carried out by an Engineer
Design Items who is approved by the Employers Engineer for each particular
discipline. The Contractor shall maintain a design indemnity
insurance policy covering for a period of ten (10) years all designs
carried out by the Contractor and incorporated in the Works.
Separate to 86.0 The Employer reserves the right to omit any part of the works or
Contracts with let separate contracts in connection with the undertaking of the
other Contractors works and may form part of the works in order to substantially
complete the works. The Contractor shall carryout properly and
coordinates his work with that of the other Contractors. If any part
of the Contractors work depends for its proper execution or results
upon the work of any other Contractor, the Contractor shall in
writing report promptly to the Engineer any defects in the work of
such other Contractors as may interfere with the proper execution
of the Contractors works.
The Employer can, with 7 calendar days written notice of intention
to do so, adjust the Contractors scope of works by removing
sections of works and having them completed by other
Contractors appointed by him. The cost of the works will be
deducted at their contracted cost plus overhead, profit and
preliminaries, this deduction is not related to and is in addition to
any Liquidated Damages costs recovered under the contract.
Where preliminaries items have to be completed by others these
will be deducted from the Contractors account at full cost
including supervision. The Contractors duties will remain in line
with his contractual obligations to Employers direct contractors.
Should it be necessary to transfer the Building Permit to another
Contractors name the Contractor shall do so within 7 calendar
days of a written request by the Employer.

79. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site
Contractor’s Site offices, facilities, site management team, parking, etc all as
Requirements specified and herewith.
a) SITE MANAGEMENT
The Contractor shall allow for all site management. He shall
maintain adequate site organization under the control of
qualified and experienced staff that is capable of assuming
complete responsibility for a contract of this nature:
1. Project Manager – 1 No ( Full time )
2. Project Engineer – 1 No ( Full Time )
3. Quantity Surveyor – 1 No ( Full Time )
4. Planning Engineer – 1 No ( Full Time )
5. Supervision Team
5.1 Civil Engineers – Minimum 2 Nos.
5.2 Materials Engineer – 1 No – as and when
required.
5.3 Services Engineers for Elec., -2 No–
Mechanical Engineer 2 Nos.
5.4 MEP Coordinator – 1 No.
5.5 Land Surveyor – 1 No.
6. QA/QC Team for
6.1 Site Quality Control – 1 No
6.2 Material & Shop Drawing schedule
7. Safety Officer – 1 No
8. Shop drawing preparation Team consisting of:
8.1 Engineers - Min 1 No
8.6 Draftsman along with necessary computer
equipment/plotters at site. – 2 Nos
And other necessary staff required for satisfactory
completion of the project – to be assessed by the
Contractor.
The Contractor to submit the CV(s) of the above mentioned
personnel to the Project Manager for approval. All the above
personnel should have minimum seven years experience in
similar size project in the U.A.E.
The Contractor shall be responsible for his own setting out
levels and lines to the satisfaction of the Engineer.

80. Part D
_____________________________________________________________
PART II [cont’d.]
CONDITIONS OF PARTICULAR APPLICATION [cont’d.]
Engineer’s and 87.0 The Contractor shall provide Engineer’s and Contractor’s site
Contractor’s Site offices, facilities, site management team, parking, etc all as
Requirements specified and herewith. [cont’d]
b) OFFICE REQUIREMENTS - GENERAL
1.01 DESCRIPTION OF WORK
The Contractor is required to make necessary provision
for temporary utilities (electricity, lighting, heating,
ventilation, telephone service, water and sanitary),
temporary controls (barriers, fencing, protection of
work, security, and traffic), and construction facilities
(25 parking slots and staging areas, progress cleaning,
and offices) to fulfill the requirements of the Contract,
support the Contractor’s work force and support the
Owner’s representatives. All facilities and equipment
will become the property of the Owner. The Contractor
shall bear the responsibility to maintain and pay for all
services and bills until the final handover to the main
contractor.
1.02 TEMPORARY POWER
A. Contractor shall provide necessary power
service.
B. Contractor shall arrange with the electrical utility,
as needed, for additional power requirements,
including power takeoff points, voltage and
phasing, transformers, and metering, and shall
pay resulting costs and fees.
1.03 TELEPHONE SERVICE
Contractor shall provide telephone service at the
Engineer’s site office for the PMs own use. Additional
requirements are defined in section 1.13.
1.04 TEMPORARY WATER SERVICE
Contractor shall provide necessary water service and
any necessary special connections to a water supply,
as well as chilled bottled drinking water for the
Engineer’s site office.
1.05 TEMPORARY SANITARY FACILITIES
Contractor shall provide on-site toilet and wash-up
facilities for its work force that comply with applicable
laws, ordinances, and regulations pertaining to the
public health and sanitation of dwellings and camps.
Additional requirements for the Engineer’s Site Office
are contained in Section 1.13