R 99 - 2

The Employer has the authority to modify the Contract.

The Employer can deduct from or set off amounts certified in Payment Certificates against the Contractor.

The Engineer is responsible for carrying out the duties assigned in the Contract.

The Engineer's staff has the competence to perform duties assigned to the Engineer.

The Engineer can exercise the authority specified in the Contract regarding the project.

The Contractor is obligated to pay the Employer the amount of money due.

The Engineer has the authority to include deductions in the Contract Price and Payment Certificates.

The Contractor is responsible for providing all necessary documents, personnel, goods, and services for the project.

The Contractor is required to obtain a Performance Security to ensure proper project execution.

The Employer can claim the full amount of the Performance Security if the Contractor fails to extend its validity or pay due amounts.

The Contractor must appoint a representative to act on their behalf under the Contract.

If the appointed Contractor's Representative fails to act, the Contractor must submit another suitable person.

The Contractor must submit the Performance Security to the Employer within 28 days after receiving the Letter of Acceptance.

The Employer is obligated to indemnify and hold the Contractor harmless to the extent the claim under the Performance Security was not entitled.

The Engineer can delegate duties and authority to qualified and competent assistants, as stated in the Particular Conditions.

If the Engineer's assistants fail to disapprove work, it is considered approved.

The Contractor must comply with instructions and modified drawings issued by the Engineer only if they constitute a Variation.

Oral instructions from the Engineer must be confirmed in writing by the Contractor.

The Contractor is obligated to design, execute, and complete the Works according to the Contract and Engineer's instructions at all times.

The Contractor can object to the replacement of the Engineer by the Employer if there are valid reasons.

If the Contractor fails to reject oral instructions from the Engineer, the confirmation becomes the written instruction.

For the Engineer to exercise certain authority, approval from the Employer is required, as stated in the Particular Conditions.

The Employer can impose additional constraints on the Engineer's authority with the Contractor's agreement.

When the Engineer exercises approved authority, it is considered that the Employer has given approval.

The Engineer must delegate duties and authority to assistants in writing and communicate it to both parties for it to be effective.

Instructions and acts by assistants have the same effect as if done by the Engineer.

The Contractor needs to confirm oral instructions from the Engineer in writing.

The Contractor can object to the replacement of the Engineer if they have valid reasons.

The Contractor must obtain the Engineer's prior consent for appointing a replacement person if the Contractor's Representative is temporarily absent.

The Contractor is responsible for the acts or defaults of any Subcontractor, their agents, or employees.

A subcontract must include provisions that would entitle the Employer to require its assignment if the Subcontractor's obligations extend beyond the Defects Notification Period.

If the Engineer instructs the Contractor to assign the benefit of a Subcontractor's obligations to the Employer, the Contractor must do so before the expiry date of the relevant Defects Notification Period.

An instruction to allow appropriate opportunities for carrying out work to the Employer's Personnel constitutes a Variation if it causes the Contractor to incur Unforeseeable Cost.

The Contractor is responsible for submitting Contractor's Documents to the Engineer in the time and manner stated in the Specification.

The Engineer may exercise the authority to amend the Contract.

The Contractor must obtain the Engineer's prior consent for other proposed Subcontractors if the Subcontractor's obligations extend beyond the expiry date of the relevant Defects Notification Period.

The Contractor's Representative and all competent persons must be fluent in the language for communications defined in the Contract.

The Contractor is responsible for appointing a suitable replacement person when the Contractor's Representative is temporarily absent from the Site.

The Contractor can delegate any powers, functions, and authority to any competent person after receiving approval from the Engineer.

The Contractor may be required to obtain consent for proposed Subcontractors if the Subcontractor is not named in the Contract.

If the Contractor fails to assign the benefit of a Subcontractor's obligations to the Employer when instructed by the Engineer, the Contractor becomes liable for the Subcontractor's obligations.

An instruction to allow appropriate opportunities for carrying out work to the Employer's Personnel constitutes a Variation if it causes the Contractor to incur Unforeseeable Cost.

The Contractor's Representative is responsible for submitting Contractor's Documents to the Engineer in the time and manner stated in the Specification.

The Contractor is in breach of Contract if they fail to comply with instructions and modified drawings issued by the Engineer.

The Contractor is required to obtain consent for suppliers of Materials if otherwise stated in the Particular Conditions.

The Contractor is in breach of Contract if they fail to obtain consent for other proposed Subcontractors.