General Clauses of Construction Contracts Progress and Duration

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7 Progress and Construction Period

7.1 Contract Progress Plan

Unless otherwise agreed in the special terms, the contractor shall within 28 days after receiving the notice issued in accordance with Clause 6.1 [Notice of Commencement] , prepare a detailed construction progress plan and submit it to the supervisor. The supervisor shall approve or propose modifications within 21 days after receiving the progress plan, otherwise the progress plan shall be deemed to have been approved.

The construction schedule approved by the supervisor is the basis for controlling the progress of the contract project. The supervisor shall have the right to arrange the activities of other contractors in accordance with the schedule.

7.2 Revision of the Contract Schedule

When the actual progress of the project is inconsistent with the schedule approved by the supervisor, the contractor may submit a revised contract schedule to the supervisor within 14 days The application report, together with relevant measures and relevant information, shall be submitted to the supervisor for review and approval; the supervisor may also directly give instructions to the contractor to amend the contract schedule, and the contractor shall revise the contract schedule according to such instructions and submit it to the supervisor for review and approval. The supervisor shall approve the revised schedule within 7 days after receiving it. The supervisor's modifications to the schedule shall be approved by the contractor before approval.

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7.3 Construction delay caused by the contractor

During the performance of the contract, the construction delay and/or cost increase are caused by the contractor , the contractor has the right to request in accordance with Clause 18.1 [Contractor’s Claim Procedure]:

(1) The employer extends the construction period;

(2) The employer increases costs and pays reasonable profit.

If it is necessary to revise the contract schedule, it shall be done in accordance with Section 7.2 [Revision of the Contract Schedule].

7.4 Unforeseen events

During the performance of the contract, if an event occurs that an experienced contractor cannot reasonably foresee before the date of submission of the bid, the contractor shall Report to the supervisor within 7 days from the date of occurrence and require the contractor to extend the construction period and/or increase costs and pay reasonable profits.

7.5 Construction period delays caused by the contractor

If the construction is suspended or the construction period is delayed due to the contractor's reasons, the contractor shall take measures to speed up the progress and bear the costs that may be incurred due to the accelerated progress. The cost and construction period will not be extended.

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7.6 Liquidated damages for overdue completion

If the construction period is delayed due to the contractor's fault, the contractor shall pay liquidated damages for overdue completion. The calculation method and limit of liquidated damages for late completion are stipulated in the special clauses. The contractor's payment of liquidated damages for overdue completion does not exempt the contractor from its obligation to complete the project and repair defects.

7.7 Suspension of construction

7.7.1 The supervisor instructs the suspension of construction

When the supervisor deems it necessary, he may give instructions to the contractor to suspend the construction. People should suspend construction according to the instructions of the supervisor. Regardless of the reason for the suspension of construction, the contractor shall be responsible for properly protecting the project and providing safety during the suspension period. Expenses incurred shall be borne by the responsible party.

After suspending construction, the supervisor shall negotiate with the employer and contractor and take effective measures to actively eliminate the impact of the suspended construction. When the project meets the conditions for resumption of work, the supervisor shall immediately issue a resumption notice to the contractor. After receiving the notice of resumption of work, the contractor shall resume work within the period specified by the supervisor.

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7.7.2 Construction suspension caused by reasons other than the contractor

If construction is suspended due to reasons other than the contractor, the supervisor shall issue a construction suspension instruction If no resumption notice is issued to the contractor within 28 days, the contractor may submit a written notice to the supervisor, requesting the supervisor to allow the continuation of some or all of the projects that have been suspended but currently meet the conditions for resumption within 14 days after receiving the written notice. . If the supervisor fails to grant approval within the time limit, the contractor may notify the supervisor and treat the affected portion of the project as work that can be cancelled. If the suspension of construction affects the entire project, it can be regarded as a serious breach of contract by the contractor, and it should be handled in accordance with the provisions of Section 16.2 [Liability of the contractor for breach of contract].

7.7.3 Suspension of construction due to the contractor’s reasons

Suspension of construction due to the contractor’s reasons, if the contractor fails to take serious measures within 56 days after receiving the supervisor’s instruction to suspend the construction. Effective resumption measures that cause delays in the construction period may be regarded as a breach of contract by the contractor and shall be handled in accordance with the provisions of Clause 16.4 [Contractor’s liability for breach of contract].

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7.8 Advance completion

If the employer requires the contractor to complete the project in advance, the request shall not compress the reasonable construction period of the contract, and shall not affect the quality of the project. If it adversely affects production safety, the cost incurred shall be borne by the contractor.

If the contractor completes the project ahead of schedule through reasonable construction organization, the contractor shall pay the contractor an early completion reward in accordance with the amount or method agreed in the special terms.

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