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Site of Possession

This document outlines procedures for delays in providing site possession beyond 90 days as specified in the contract. If full site possession is delayed, the contractor can either agree to proceed when the site is available or terminate the contract without compensation. If a section of the site is delayed, the contractor can agree to proceed when that section is available or request to omit that work, which would be treated as a contract variation without nullifying the contract. Alternatively, the contractor is entitled to claim losses caused by delays over 90 days to a partial site possession.

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Naimie Nadjwa
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628 views1 page

Site of Possession

This document outlines procedures for delays in providing site possession beyond 90 days as specified in the contract. If full site possession is delayed, the contractor can either agree to proceed when the site is available or terminate the contract without compensation. If a section of the site is delayed, the contractor can agree to proceed when that section is available or request to omit that work, which would be treated as a contract variation without nullifying the contract. Alternatively, the contractor is entitled to claim losses caused by delays over 90 days to a partial site possession.

Uploaded by

Naimie Nadjwa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Possession of Site

DELAY IN GIVING SITE POSSESSION (PWD203A REV.1/2010)

 If the giving of site possession of the whole site is delayed beyond 90 days
(Clause 38.5) in the event that the giving of the possession of the whole site is delayed
beyond 90 days of the ‘date for possession’ stated in the letter of acceptance, the S.O shall
give written notice to the contractor of the cause of the delay. Upon the receipt of the said
written notice issued by the S.O the contractor may inform the S.O in writing of its decision
within 14 days of receipt of the said notice either to: -

1. Agreed to proceed the work when the site is available to be in. in clause 38.4 state that
contractor cannot claim for any loss or damage from the client.

2. Contractor terminate the contract and did not get anything

• If the giving of site possession of any section or part of the site is delayed beyond 90 days

(clause 38.6) in the event that the giving of possession of any section or part of the site
(whether provided for in clause 38.3 or otherwise) is delayed beyond 90 days from the date
of possession stated in the contract, then the S.O shall give written notice, the contractor
may inform S.O in writing, within 14 days of receipt of the said notice of its decision either
to:

1. Agree to proceed when the part of the site is available and cannot claim anything to the
client in clause 38.5(a)

2. Request for S.O’s instruction to omit the relevant section or part of the works from the
contract. If S.O agreed to such request, then the relevant part of the works shall be dully
omitted the deemed to be a variation to the contract. Such variation shall not vitiate this
contract. If the S.O does not agree to such request as aforesaid, then the contractor shall be
entitled to claim for any loss/expenses caused by and in respect of such delay beyond 90
days as foresaid.

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