CIVIL WORK - Government of Himachal Pradesh

42.4 The value of work executed shall comprise the value of the quantities of the items in the Bill ofQuantities completed.42.5 The value of work executed shall include the valuation of Variations and Compensation Events.42.6 The Engineer may exclude any item certified in a previous certificate or reduce the proportion ofany item previously certified in any certificate in the light of later information.43. Payments43.1 Payments shall be adjusted for deductions for advance payments, retention, other recoveries interms of the contract and taxes, at source, as applicable under the law. The Employer shall pay theContractor the amounts certified by the Engineer within 28 days of the date of each certificate. Ifthe Employer makes a late payment, the Contractor shall be paid interest on the late payment inthe next payment. Interest shall be calculated from the date by which the payment should havebeen made upto the date when the late payment is made at 8% per annum.43.2 If an amount certified is increased in a later certificate or as a result of an award by theAdjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment as setout in this clause. Interest shall be calculated from the date upon which the increased amountwould have been certified in the absence of dispute.43.3 Items of the Works for which no rate or price has been entered in will not be paid for by theEmployer and shall be deemed covered by other rates and prices in the Contract.44. Compensation Events44.1 The following are Compensation Events unless they are caused by the Contractor:(a)(b)(c)(d)(e)(f)(g)(h)(i)The Employer does not give access to a part of the Site by the Site Possession Date statedin the Contract Data.The Employer modifies the schedule of other contractors in a way which affects the workof the contractor under the contract.The Engineer orders a delay or does not issue drawings, specifications or instructionsrequired for execution of works on time.The Engineer instructs the Contractor to uncover or to carry out additional tests uponwork which is then found to have no Defects.The Engineer unreasonably does not approve for a subcontract to be let.Ground conditions are substantially more adverse than could reasonably have beenassumed before issuance of Letter of Acceptance from the information issued to Bidders(including the Site Investigation Reports), from information available publicly and from avisual inspection of the Site.The Engineer gives an instruction for dealing with an unforeseen condition, caused by theEmployer, or additional work required for safety or other reasons.Other contractors, public authorities, utilities or the Employer does not work within thedates and other constraints stated in the Contract, and they cause delay or extra cost to theContractor.The advance payment is delayed.Contractor EE 49