Contract Amendment No.1

8.2 Time for Completion

The Sub-Contractor shall submit Complete the whole of the Works, and each Section ( if any ), within the Time for Completion for the Works or Section ( as the case may be ).

8.3 Programme

The Sub-Contractor shall submit a detailed time programme to the Main Contractor within 28 days after receiving the notice under Sub-Clause 8.1 ( Commencement of Works). The Sub-Contractor shall also submit a revised programme whenever the previous programme is inconsistent with actual progress or with the Sub-Contactor's obligations. Each Programme shall include:

a) The order in which the Sub-Contractor intends to carry out the Works, including the anticipated timing of Sub-Contractor's Documents and erection.

b) Not used,

c) Not used, and

d) A supporting report which includes:

i) a general description of the methods which the Sub-Contractor intends to adopt, and of the major stages, in the execution of the Works, and

ii) details showing the Sub-Contractor's reasonable estimate of the number of each class of Sub-Contractor's Personnel and of each type of Sub-Contractor's Equipment, required on the Site for each major stage.
Unless the Main Contractor, within 28 days after receiving a programme, gives notice to the Sub-Contractor stating the extent to which it does not comply with the Sub-Contract, the Sub-Contractor shall proceed in accordance with the programme, subject to his other obligations under the Sub-Contract. The main Contractor shall be entitled to rely upon the programme when planning their activities.
If, at any time, the Main Contractor gives notice to the Sub-Contractor that a programme fails ( to the extent stated ) to comply with the Sub-Contract or to be consistent with actual progress and the Sub-Contractor's stated intentions, the Sub-Contractor shall submit a revised programme to the Main Contractor in accordance with this Sub-Clause.

8.4 Extension of Time for Completion

The Sub-Contractor shall be entitled subject to Sub-Clause 20.1 ( Sub-Contractor's Claims ) to an extension of the Time for Completion if and to the extent that completion for the purposes of Sub-Clause

10.1 ( Completion Certificates of the Works and Sections ) is or will be delayed by any of the following causes:

a) a Variation ( unless and adjustment to the Time for Completion has been agreed under Sub-Clause 13.3 ( Variation Procedure ) or other substantial change in the quantity of an item of work included in the Sub-Contract,

8.8 Suspension of the Work

The Main Contractor may at any time instruct the Sub-Contractor to suspend progress part or all of the Works. During such suspension, the Sub-Contractor shall protect, store and secure such part or the Works against any deterioration, loss or damage.

The Main Contractor may also notify the cause for the suspension. If and to the extent that the cause is notified and is the responsibility of the Sub-Contractor, Sub-Clauses 8.9, and 8.11 shall not apply.

8.9 Consequences of Suspension

If the Sub-Contractor suffers delay and/or incurs Cost from complying with the Main Contractor's instructions under Sub-Clause 8.8 ( Suspension of the Works ) and/or from resuming the work, the Sub-Contractor shall give notice to the main Contractor and shall be entitled subject to Sub-Clause 20.1 ( Sub-Contractor's Claims ) to :

a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 ( Extension of Time for Completion ), and
b) payment of any such Cost, which shall be included in the Sub-Contract Price.
After receiving this notice, the Main Contractor shall proceed to determine these matters.

The Sub-Contractor shall not be entitled to an extension of time for, or to payment of the Cost incurred in, making good the consequences of the Sub-Contractor's faulty design, workmanship or materials, or of the Sub-Contractor's failure to protect, store or secure in accordance with Sub-Clause 8.8 ( Suspension of the Works)

12 Payment

12.1 Works to be Measured

The Works shall be measured, and valued for payment, in accordance with this Clause.

12.2 Payment Applications

Each application for payment made by the Sub-Contractor pursuant to Clause 14.3 ( Application for Interim Payment Certificates ) shall state the amount claimed together with any further amounts claimed pursuant to Clause 13 ( Variations and Adjustments ). The Main Contractor shall review, and subject to the provisions of Clause 14.3 ( Application for Interim Payment Certificates ) certify for payment the amount due to the Sub-Contractor.

The amount due under each interim payment shall be made in accordance with the provisions of Appendix 2 Cost Breakdown.

12.3 Valuation of Variations

Where the valuation relates to the carrying out of additional or substituted work which can be properly valued by measurement the work shall be measured and shall be valued in accordance with the following rules

a) where the work is the same as or similar in character to and is carried out under the same or similar conditions to work priced in Appendix2, and the Variation does not substantially change the quantity of work, the rates in Appendix 2 for that work shall determine the valuation;

b) where the work is the same as or similar in character to work priced in Appendix 2 but is not carried out under the same or similar conditions, or the Variation substantially changes the quantity of that work, the rates in Appendix 2 for that work shall determine the valuation but with a fair adjustment for the difference in conditions or quantity;

c) where the work is not the same as or similar in character to any work priced in Appendix 2 the work shall be valued at fair rates; and

d) the word 'conditions' in Sub-clause 12.3 ( Valuation of Variations ) shall mean physical conditions and not financial conditions.

Where the valuation does not relate to additional or substituted work but relates only to other matters not involving measured work such as the imposition of or change to an obligation or restriction and the rules in Sub-Clauses 12.3a) 12.3b) or 12.3c) cannot reasonably be applied, a fair valuation shall be made.

13.3 Variation Procedure

If the Main Contractor requests a proposal for a Variation, the Sub-Contractor shall respond in writing as soon as practicable, either by giving reasons why h cannot comply ( if this is the case ) or by submitting:

a) a description of the proposed work to be performed and a programme for its execution,

b) the Sub-Contractor's proposal for any necessary modifications to the programme according to Sub-Clause 8.3 ( Programme ) and to the Time for Completion, and

c) the Sub-Contractor's proposal for evaluation of the Variation.

The Main Contractor shall, as soon as practicable after receiving such proposal, respond with approval, disapproval or comments. The Sub-Contractor shall not delay any work whilst awaiting a response.

Each Variation, with any requirements for the recording of Costs, shall be issued by the Main Contractor to the Sub-Contractor, who shall acknowledge receipt.

Each Variation shall be evaluated in accordance with Clause 12 ( Payment), unless the Main Contractor instructs or approves otherwise in accordance with this Clause.

13.7 Adjustments for Changes in Legislation

The Sub-Contract Price shall be adjusted to take account of any increase or decrease in Cost resulting from a change in the Laws of Thailand ( including the introduction of new Laws and the repeal or modification of existing Laws ) or in the judicial or official governmental interpretation of such Laws, made after the signing of the Sub-Contract. Which affect the Sub-Contractor in the performance of obligations under the Sub-Contract.

If the Sub-Contractor suffers ( or will suffer ) delay and/or incurs ( or will incur ) additional Cost as a result of these changes in the Laws or in such interpretations, made after the signing of the Sub-Contract, the Sub-Contractor shall give notice to the Main Contractor and may be entitles subject to Sub-Clause 20.1 ( Sub-Contractor's Claims ) to:

a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.4 ( Extension of Time for Completion) and

b) payment of any such Cost, which shall be included in the Sub-Contract Price.
After receiving this notice, the Main Contractor shall proceed to determine these matters.

14.1 The Sub-Contract Price

Unless otherwise stated in the Appendix 1 :

a) the Sub-Contract Price shall be the sum of the values in the price schedules and shall be subject to adjustments in accordance with the Sub-Contract;

b) the Sub-Contractor shall pay all taxes, duties and fees required to be paid by him under the Sub-Contract, and the Sub-Contract Price shall not be adjusted for any of these costs except as stated in Sub-Clause 13.7 ( Adjustments for Changes in Legislation);

c) any quantities which may be set out in the Schedule of Prices or other Schedule are estimated quantities and are not to be taken as the actual and correct quantities of the Works which the Sub-Contractor is required to execute.

14.3 Application for Interim Payment Certificates

The Sub-Contractor shall submit a Statement to the Main Contractor after the end of each month, in a form approved by the Main Contractor, showing in detail the amounts to which the Sub-Contractor considers himself to be entitled, together with supporting documents which shall include the report on the progress during this month in accordance with Sub-Clause 4.21 ( Progress Reports )

The Statement shall include the following items, as applicable, in the sequence listed:

a) the estimated Sub-Contract value of the Works executed and the Sub-Contractor's Document produced up to the end of the month ( including Variations)

b) any amounts to be added and deducted for changes in legislation and changes in cost, in accordance with Sub-Clause 13.7 ( Adjustments for Changes in legislation ) and;

c) any amount to be deducted for retention, calculated by applying the percentage of retention stated in the Appendix 1 to the total of the above amounts, until the amount so retained by the Main Contractor reaches the limit of Retention Money ( it any ) stated in the Appendix 1;

d) any amounts to be added and deducted for the advance payment and repayments in accordance with Sub-Clause 14.2 ( Advance Payment);

e) Not Used;

f) Any other additions or deductions which may have become due under the Sub-Contract or otherwise, including those under Clause 20 ( Claims Disputes And Arbitration); and

g) The deduction of amounts certified in all previous Payment Certificates.

20.1 Sub-Contractor's Claims

If the Sub-Contractor considers himself to be entitled to any extension of the Time for Completion and/or any additional payment, under any Clause of these Conditions or otherwise in connection with the Sub-Contract, the Sub-Contractor shall give notice to the Main contractor, describing. The event or circumstance giving rise to the claim. The notice shall be give as soon as practicable, and not later than 42 days after the Sub-Contractor became aware, or should have become aware, of the event or circumstance.

If the Sub-Contractor fails to give notice of a claim within such period of 42 days, the Time for Completion shall not be extended, the Sub-Contractor shall not be entitled to additional payment, and the Main Contractor shall be discharged from all liability in connection with the claim. Otherwise, the following provisions of this Sub-Clause shall apply.

The Sub-Contractor shall also submit any other notices which are required by the Sub-Contract, and supporting particulars for the claim, all as relevant to such event or circumstance.

The Sub-Contractor shall keep such contemporary records as may be necessary to substantiate any claim, either on the Site or at another location acceptable to the Main Contractor. Without admitting the Main Contractor's liability, the Main Contractor may, after receiving any notice under this Sub-Clause, monitor the record - keeping and/or instruct the Sub-Contractor to keep further contemporary records, The Sub-Contractor shall permit the Main contractor to inspect all these records.

The Main Contractor shall proceed in a timely manner to determine (i) the extension (if any ) of the Time for Completion (before or after its expiry ) in accordance with Sub-Clause 8.4 ( Extension of Time for Completion), and/ or (ii) the additional payment (if any ) to which the Sub-Contractor is entitled under the Sub-Contract.

The requirements of this Sub-Clause are in addition to those of any other Sub-Clause which may apply to a claim. If the Sub-Contractor fails to comply with this or another Sub-Clause in relation to any claim, any extension of time and/or additional payment shall take account of the extent ( it any ) to which the failure has prevented or prejudiced proper investigation of the claim, unless the claim is excluded under the second paragraph of this Sub-Clause.

20.5 Amicable Settlement

Where notice of dispute has been given, both Parties shall attempt to settle the dispute amicably before the commencement of arbitration. However, unless both Parties agree otherwise, arbitration may be commenced on or after the fifty-sixth day after the day on which notice of dispute was given, even if no attempt at amicable settlement has been made

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