THE EMPLOYER

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					THE EMPLOYER
          Right, of access to the site.
          Permits, licences or approvals.
          Employer's personnel.
          Employer's financial arrangements.
          Employer's claims.




                                  Rasmia Khader
INTRODUCTION
 Meaning:
 The Employer is the person named as employer in
 the appendix tender and the legal successors in
 the title to this person.
    To easy the study we will divide it in two parts as following:
 A- Special works for the contractor have been offered by the
    employer which including :
 • Right, of access to the site.
 • Permits, licences or approvals.
 B- Another arrangements have been made it by the employer to
    serve him self and the tender's performance which including:
 • Employer's personnel.
 • Employer's financial arrangements.
 • Employer's claims.
                                                    A- Special works

A-1- Right, of access to the site:
 Meaning:
 It means that the employer used to give the contractor the right of
 access to all the site or part of it within the determined time in the
 tender.
 General condition:
    A. This right may not be exclusive to the contractor only.
    B. The employer is required to allow the contractor to
       possession any means of access.
    C. The employer have to comply to give the right or any
       requirement to the contractor in the time and manner
       that is stated in the specification.
    D. The employer can withhold the right to access to the site
       until he has been received the performance security.
                                             A-1- Right, of access to the site
E. If there is no determined time in the tender, already the time will be
   related to the time of performance of tender works accordance with
   time program which the contractor has been offered.

Notice: The program means (time schedule) which it include the
  expecting time for every working stage (planning – site works… etc).
F. In the other hand, if the contractor late in work's performance or
   have more cost as a result of failure by the employer to give the
   contractor the right or possession within the time, so the contractor
   have sent a notice to the engineer to knew that within (contractor
   claims) by:
    1. An Extension time of performance to face the late.
    2. Payment of any addition cost plus profit fit to the late and that
        effect on the contract price.
G. If the cause of late is the contractor as late offering the planning or
   documents …etc. in this case, the contractor shall not be entitled
   any thing.
                                                     A- Special works

A-2- Permits, licences or approvals:
In this item, the Employer used to provide the
    contractor with all reasonable assistance such
    as:

    1. provide him a copy of the country's laws
       which it have a relevant to the contract.

    2. Any permits, licences or approvals required
       by the country's laws for the contractor's
       works, or for the delivery of goods including
       clearance through customs or for the export
       of contractor's equipment when it is
       removed from the site.
                                         B- Another arrangements

B-1- EMPLOYER'S PERSONNEL:


  The employer shall be responsible on his
                personnel to:

 1. Cooperate with the contractor's efforts in
     the range of the contract without any
        variation in the cost requested.

  2. Take safety procedures in the site by
   comply with safety regulations, take care
   for all persons entitled the site and keep
     the site clean of obstructions to avoid
                     danger.
                                    B- Another arrangements

B-2- EMPLOYER'S FINANCIAL ARRANGEMENTS:

 General case:
 In this item the employer used to submit his evidence to
 the contractor within 28 days after receiving any request
 from the contractor. This evidence tell that the financial
 arrangements have been made and are being maintained
 that enable the employer to pay the contract price.


 Special case:
 In this case, any material change, the employer used to
 give notice to the contractor with detailed particulars.
                                 B- Another arrangements

B-3- EMPLOYER'S CLAIMS:

To talk about the employer's claims, it's
  necessary to divide this item to the
  following:

1. What is the claims?
2. How aware about it?
3. The answer of it.
4. Implementation the claims.

By detail these points the employer's claims
  will be clear.
                                                   B-3- EMPLOYER'S CLAIMS:


a- What is the claims?                     b- How aware about it:

this part will be classified the types
of employer's claims to the                •the employer must be gave notice
following:                                 to the engineer as soon as to the
claims have required because of           event's time which cause the claim.
defect's notification in tender or late
in performance of project works.           •The notice which is for extension of
General claims are required for           period it must be done before expiry
any project such as {electricity- gas,     of required work period.
and water}.
Special claims which needed for
some project like rent of employer's
equipment,        and    free    issue's
material,      or     other    services
requested by the contractor.
                                              B-3- EMPLOYER'S CLAIMS:

                                       d- Implementation of the
c- The answer of it:                   claims:

Independent on the contract firstly,   The implementation of         the
and the offered notice secondly, the
                                       employer's claims may be as
engineer has been understood
doing the following:
                                       following:
•Determine the amount which the        •Deduction in the contract price.
employer is entitled to pay by the     •Deduction amount from the
contractor.                            payment certificates before
•Determine the period of extension     make it.
of the defect's notification for the   But its necessary to knew, that
works which they cannot be used for    the employer cannot make any
its purposes, but this period must     deduction from amount in a
not be more than two years.
                                       payment's     certificate   after
All of these determination must be a
fair in accordance with contract and
                                       certified it, also he cannot
take care of all contract parties.     required about it.

				
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posted:10/5/2012
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