Employer's Taking Over

Employer's Taking Over

1. Taking Over of the Works and Sections

   • the Works shall be taken over by the Employer when
     • he Works have been completed in accordance with the Contract
     • Taking-Over Certificate for the Works has been issued
     • The Contractor may apply by notice to the Engineer for a Taking-Over Certificate not earlier than 14 days before the Works will, in the Contractor’s opinion, be complete and ready for taking over
       • The Engineer shall, within 28 days after receiving the Contractor’s application
         • issue the Taking-Over Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with the Contract
         • reject the application, giving reasons and specifying the work required to be done by the Contractor to enable the Taking-Over Certificate to be issued
       • If the Engineer fails either to issue the Taking-Over Certificate or to reject the Contractor’s application within the period of 28 days, and if the Works or Section are substantially in accordance with the Contract, the Taking- Over Certificate shall be deemed to have been issued on the last day of that period.

2. Taking Over of Parts of the Works

   • The Engineer may, at the sole discretion of the Employer, issue a Taking-Over Certificate for any part of the Permanent Works
   • if the Employer does use any part of the Works before the Taking-Over Certificate is issued:
     • the Contractor shall cease to be liable for the care of such part as from this date, when responsibility shall pass to the Employer,
     • the part which is used shall be deemed to have been taken over as from the date on which it is used,
     • the Engineer shall issue a Taking-Over Certificate for this part

3. Interference with Tests on Completion

   • If the Contractor is prevented, for more than 14 days, from carrying out the Tests on Completion by a cause for which the Employer is responsible, the Employer shall be deemed to have taken over the Works or Section (as the case may be) on the date when the Tests on Completion would otherwise have been completed.
     • The Engineer shall then issue a Taking-Over Certificate accordingly
   • If the Contractor suffers delay and/or incurs Cost as a result of this delay in carrying out the Tests on Completion, the Contractor shall give notice to the Engineer and shall be entitled for Contractor’s Claims to:
     • an extension of time for any such delay
     • payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.