Article 13 The main Contractor’s obligations

13.1 This Subcontract is a reciprocal contract with each Party owing obligations to the other Party.

13.2 The Main Contractor’s responsibilities include the obligation to pay the Subcontract Price and to co-operate, in good faith, with the Subcontractor in order to enable it to perform its duties, as set out in this Subcontract, and not to hinder or delay the Subcontractor in the Subcontractor’s performance of the Subcontract Works.

Providing the Site

13.3 The Main Contractor shall be responsible, to the extent necessary for the purposes of the Subcontract Works, for acquiring and providing legal and physical possession of the Site (or Sections of it) and access thereto, and providing possession and use of and access to all areas reasonably required for the proper execution of the Subcontract Works by the Subcontractor, including all requisite rights of way and access routes in accordance, if applicable, with the Appendices and other terms of the Subcontract and shall give all rights of access thereto on or before the Date or Dates set out in this Subcontract, or, if there are no such Dates, the reasonable Dates upon which the Subcontractor reasonably gives Notice to the Main Contractor they are required.

13.4 Unless otherwise agreed, the possession is not to be hindered by the Main Contractor or other contractors associated with the Main Contractor and/or the Project. If the Subcontractor suffers delay and/or incurs Cost from failure on the part of the Main Contractor to acquire and provide such legal and physical possession of, and/or right of access to, the Site or Sections of it and all other areas reasonably required, the Subcontractor shall give Notice to the Main Contractor. The Main Contractor shall proceed to consult with the Subcontractor to agree an appropriate extension or extensions of the Time to Taking-Over and/or a fair addition to the Subcontract Price and shall give Notice to the Subcontractor accordingly.

Article 14 The subcontractor’s obligations

14.1 The Subcontractor shall, with due diligence, perform and complete the Subcontract Works, and shall remedy any Defects in the Subcontract Works in accordance with the Subcontract. When completed, the Subcontract Works shall be fit for the purposes for which the Subcontract Works are intended as specifically defined in the Subcontract.

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14.2 The Subcontractor shall in accordance with the Subcontract provide all superintendence, labour, services, Plant, materials, Subcontractor's Equipment, Temporary Subcontract Works and all other things, whether of a temporary or permanent nature, required in and for the design, procurement, supply, execution, commissioning, testing and Completion of the Subcontract Works and dealing with any Defects therein.

Access to the Subcontract Works

14.3 The Subcontractor shall permit the Main Contractor’s Personnel to have access at all reasonable times to examine, inspect, measure and test the materials and workmanship, and to check the progress of the Subcontract Works at the Site or elsewhere. The Main Contractor shall also have access to the places where the materials or Equipment for the Subcontract Works are located. This access shall not disturb the progress of the Subcontract Works. Each party shall bear its own costs.

Article 15 Co-operation with other contractors and co-ordination of activities

15.1 The Subcontractor shall be responsible for its own construction activities on the Site, and the adequacy and stability of its Site operations, including Temporary Subcontract Works it constructs. It shall co-ordinate at its own expense its activities with those of other contractors to the extent (if any) specified in the Employer’s Requirements.

15.2 The Subcontractor shall, as specified elsewhere in the Subcontract or as reasonably requested or instructed by the Main Contractor and where it does not disrupt the Subcontractor’s own work, allow appropriate opportunities for carrying out work to:

  1. the Main Contractor’s or Employer’s Personnel;
  2. any others contractors employed by the Main Contractor or by the Employer; and
  3. the personnel of any public authorities

who may be employed in the execution on or near the Site of any work not included in the Subcontract.

15.3 Any further request or instruction from the Main Contractor for co-operation shall give an entitlement to an extension of the Time to Taking-Over and, if additional expense is involved, a Variation.

To the extent that the Subcontractor obstructs or hinders the activities of other parties on the Site and such obstruction or hindrance is not in accordance with the Subcontract and causes the Main Contractor to incur additional Costs, then the Subcontractor shall indemnify the Main Contractor for such Costs.

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Article 16 Quality assurance

16.1 The Subcontractor shall comply with the quality assurance systems implemented by the Main Contract and Subcontract. If there are no such systems, the Subcontractor shall implement a system that is appropriate for the Works and in the Country

Article 17 Staff and Labour

Employment of Subcontractor’s staff and labour

17.1 Unless otherwise agreed, the Subcontractor shall be responsible for the employment of all its staff and labour whether local or otherwise, for the purpose of executing the Subcontract Works and the performance of the Subcontract and shall be responsible where relevant for their payment, accommodation, supply of food and transport and any other matters specified in this Subcontract.

17.2 The Subcontractor shall observe the conditions of labour, comply with all relevant labour laws, including those relating to employment, working hours, health, safety, social welfare, immigration and emigration that are relevant and applicable in the Country and shall pay its staff and labour wages consistent with those established or, if not established, practised for the trades and industries of the Country.

Facilities for staff and labour

17.3 The Subcontractor shall provide and maintain the facilities for its own staff and labour.

Health, welfare of staff and labour

17.4 The Subcontractor shall provide access to and maintain the health facilities specified in the Subcontract (if any). Where there are no such facilities specified and no alternative facilities available, the Subcontractor shall provide suitable facilities. The Parties shall collaborate with local health authorities and shall take the necessary measures to ensure the welfare, hygiene and prevention and control of epidemics of and amongst the Subcontractor’s staff and labour.

Customs of the Country

17.5 Each Party shall have due regard and respect for religious practices, days of rest and other recognized customs of the Country.

Disruptive conduct

17.6 Each Party shall be responsible for taking all reasonable measures to prevent unlawful, riotous or disruptive conduct amongst its staff and labour.

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17.7 All of the main sub-subcontracts involving work on the Site shall contain the provisions of this Article 17, and each Party shall in any event ensure and be responsible for observance of the provisions of this Article by its subcontractors.

Article 18 representative of the parties

18.1 Each Party shall appoint a Representative within seven Days of the Subcontract Date by notice to the other Party. Neither Party shall change its Representative without giving reasonable Notice.

18.2 The Parties’ Representatives shall each have the appropriate professional qualifications or experience necessary for each of them to carry out their duties and exercise the authority specified in or required of them under the Subcontract in a competent and professional manner.

18.3 The Parties’ Representatives shall, unless parts of their authority are specifically reserved in advance in writing by the Party concerned, be deemed to have been given full authority for all of their actions under the Subcontract and any such actions shall be binding on the Party that employs them.

18.4 The Parties’ Representatives may from time to time assign duties and delegate authority vested in them under the Subcontract to assistants (including if necessary Site Representatives) employed by the Party for the purpose of the Subcontract and may at any time revoke such assignment or delegation. Such assignment, delegation and revocation shall be confirmed, if requested, by Notice to the other Party with a copy to the other Party’s Representative. Unless otherwise stated in advance and in writing, such duties and authorities carried out and/or exercised by such assistants shall be deemed to have been carried out and/or exercised by the Party’s Representative.

Article 19 each party’s duty to notify

19.1 Without prejudice to the scope of Article 3, each Party shall take reasonable care in the circumstances to review the scope of its work, the other Party’s documents and the Main Contractor’s Requirements and the Employer’s Requirements prior to the Start Date and thereafter as circumstances require until Taking-Over. Each Party shall give prompt notice to the other Party of any error, fault or other Defect found in the other Party's documents or any other items of reference supplied by the other Party. In the event that such error, fault or other Defect involves a change or modification to the Subcontractor’s Documents or the Subcontract Works, the provisions of Article 35 shall be applied as necessary.

19.2 Save for the duty to give Notice, the Subcontractor shall not be liable for any errors, faults or Defects in the Main Contractor’s Requirements and the Employer’s Requirements or any other Design or documents supplied or specified by the Main Contractor. Similarly, the Main Contractor shall not be liable for any errors, faults or Defects in the Subcontractor’s Documents or work.