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CIVIL WORK - Government of Himachal Pradesh

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(5) Conditions <strong>of</strong> Contract including Special Conditions <strong>of</strong> Contract(6) Specifications(7) Drawings(8) Bill <strong>of</strong> Quantities and(9) any other document listed in the Contract Data as forming part <strong>of</strong> the Contract.3. Language and Law3.1 The language <strong>of</strong> the Contract and the law governing the Contract are stated in the Contract Data.4. Engineer's Decisions4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters betweenthe Employer and the Contractor in the role representing the Employer.5. Delegation5.1 The Engineer may delegate any <strong>of</strong> his duties and responsibilities to other people except to theAdjudicator after notifying the Contractor and may cancel any delegation after notifying theContractor.6. Communications6.1 Communications between parties which are referred to in the conditions are effective only when inwriting. A notice shall be effective only when it is delivered (in terms <strong>of</strong> Indian Contract Act).7. Subcontracting7.1 The Contractor may subcontract with the approval <strong>of</strong> the Engineer but may not assign the Contractwithout the approval <strong>of</strong> the Employer in writing. Subcontracting does not alter the Contractor'sobligations.8. Other Contractors8.1 The Contractor shall cooperate and share the Site with other contractors, public authorities,utilities, and the Employer between the dates given in the Schedule <strong>of</strong> Other Contractors. TheContractor shall as referred to in the Contract Data, also provide facilities and services for them asdescribed in the Schedule. The employer may modify the schedule <strong>of</strong> other contractors and shallnotify the contractor <strong>of</strong> any such modification.9. Personnel9.1 The Contractor shall employ the key personnel named in the Schedule <strong>of</strong> Key Personnel asreferred to in the Contract Data to carry out the functions stated in the Schedule or other personnelapproved by the Engineer. The Engineer will approve any proposed replacement <strong>of</strong> key personnelonly if their qualifications, abilities, and relevant experience are substantially equal to or betterthan those <strong>of</strong> the personnel listed in the Schedule.9.2 If the Engineer asks the Contractor to remove a person who is a member <strong>of</strong> the Contractor’s staffor his work force stating the reasons the Contractor shall ensure that the person leaves the Sitewithin seven days and has no further connection with the work in the Contract.Contractor EE 42

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