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CONTENTS - Central Public Works Department

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204 SECTION 33<br />

(3) In granting extension of time, a balanced view should be taken of the delays on the part of the<br />

contractor, vis-a-vis the delays of the <strong>Department</strong>. The mention of the delays on the part of the<br />

contractor along with those of the <strong>Department</strong> would ultimately help the <strong>Department</strong> in properly<br />

defending its position before the Arbitrator against the claims of the contractor for damages.<br />

[There is no corresponding clause in Forms no. CPWD 10, 11 and 11A. Clause 18 of Form no.<br />

CPWD 12 is similar to clause 5 of Forms no. CPWD 7 and 8 with minor change.]<br />

33.6 Clause 7 of Forms no. CPWD 7 and 8<br />

The circumstances under which intermediate payments can be made to the contractor have been<br />

explained in para 30.1 of this Manual. The Engineer-in-charge should fix a date by which the contractor<br />

should submit the bill each month. The amount admissible shall be paid by 10 th or 15 th working day after<br />

submission of the bill by the contractor to the Engineer-in-charge or his Assistant Engineer, with all the<br />

required details, depending upon whether the work is in the headquarters of the Engineer-in-charge or<br />

outside his headquarters. The payment to the contractor shall be made only on submission of the bill by<br />

him. If the contractor fails to submit the bill as aforesaid, he forfeits all claims whatsoever due to delays on<br />

payment including that of interest. [Para 7.12 of this Manual may be seen on submission of the computerized<br />

bills by the contractor.]<br />

33.7 Clause 8 of Forms No. CPWD 7 and 8<br />

(1) According to this clause a completion certificate is to be given by the Engineer-in-charge to a<br />

contractor on completion of the work. No final bill will be accepted from a contractor unless such a<br />

bill is supported by a completion certificate. Further, the date of the completion certificate will<br />

determine the date upto which a contractor can be held responsible for making good damages<br />

under relevant clauses of the agreement.<br />

(2) It has been observed that generally no certificate is given and only the date of completion is noted<br />

in the Measurement Book. Since this practice is not in conformity with the provision of this clause,<br />

a completion certificate must be recorded in the manner detailed under para 30.4 of this Manual.<br />

(3) If, on inspection of the work by the Engineer-in-charge on receiving intimation from contractor, the<br />

work is not found satisfactorily complete, the contractor should be intimated of the defects etc. in<br />

writing, but no provisional completion certificate should be issued.<br />

(4) The date of completion of work is the date on which it is finished, and not the date on which the final<br />

measurements are recorded by the Engineer-in-charge or his subordinate. It will therefore, be<br />

necessary to enable the Audit/Accounts to satisfy itself that the work was completed within the<br />

time prescribed in the contract, to note the date of its actual completion both in the bill of the<br />

contractor as well as in the Measurement Book in which the last measurements are recorded.<br />

33.7.1 Recording of completion certificate after site clearance and measurements<br />

(1) If the contractor fails to remove the scaffolding, surplus material and rubbish, and does not clean<br />

up the dirt from the wood work, doors, windows, walls, floors and other parts of the building, etc. it<br />

should be got removed at the cost of the contractor as laid down in this clause. The completion<br />

certificate should not be given till the site is cleared of all malba, rubbish, etc.<br />

(2) The clause further states that, the certificate of completion shall not be issued until the work is<br />

measured by the Engineer-in-charge. The intention behind the provision is that all the measurements<br />

for works shall be recorded in time. The measurements for works are the most vital details, which

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