FIDIC Green Book Standard Template PDF

TURKS & CAICOS ISLANDS NATIONAL INSURANCE BOARD
SHORT FORM OF CONTRACT FOR CONSTRUCTION
DATE:
2013
CONTRACTOR:
WORKS:
RENOVATION AND REFURBISHMENT OF THE HON. L.

HEADLEY DURHAM BUILDING, GRAND TURK.
CONTRACT No.
TENDER REFERENCE No.:
NATIONAL INSURANCE BOARD

WATERLOO PLAZA, WATERLOO ROAD
GRAND TURK
TURKS AND CAICOS ISLANDS
BRITISH WEST INDIES
AP/asb 07.07.2005 FIDIC Green Book Std. (3)
CONTENTS
Page
Agreement
Offer
Acceptance
Appendix
Particular Conditions
Performance Security
14
Advance Payment Guarantee
20
Attestation Clauses of Short Form of Contract for Construction
22
Certificate of Non-Collusion
23
TURKS AND CAICOS ISLANDS NATIONAL INSURANCE BOARD

SHORT FORM OF CONTRACT FOR CONSTRUCTION
AGREEMENT
The Employer is THE TURKS AND CAICOS ISLANDS NATIONAL
INSURANCE BOARD of Waterloo Plaza, Waterloo Road, Grand Turk, Turks and
Caicos Islands, British West Indies.
The Contractor is
Caicos Islands, British West Indies.
of
, Turks and
The Employer desires the execution of certain Works known as RENOVATION AND
REFURBISHMENT OF THE HON L. HEADLEY DURHAM BUILDING,
GRAND TURK
OFFER
The Contractor has examined the documents listed in the Appendix which forms part of
this Agreement, and offers to execute the Works in conformity with the Contract for the
sum of
(US$
), or such
other sum as may be ascertained under the Contract.
This offer, of which the Contractor has submitted 3 (three) signed originals, may be
accepted by the Employer by signing and returning one original of this document to the
Contractor before
2013.
The Contractor understands that the Employer is not bound to accept the lowest or any
offer received for the Works.
That the Contractor understands and agrees that their name, the Island on which the work
is to be carried out, the project details, the start and completion date of the project and the
contract amount will appear in the Gazette in accordance with the Tendering process for
this project.
The Contractor warrants that it has paid up to date all National Insurance Board
Contributions. The Contractor understands and agrees that failure to pay the
aforementioned will result in the payments for works done being withheld until
proof of payment is supplied to the Director of National Insurance Board or the
outstanding amount being deducted by the Board from any sum due to the
Contractor or can alternatively result in the termination of the Agreement.
Signature:
Authorised to sign on behalf of:
Name:
Date: ____________
Capacity:
ACCEPTANCE
The Employer has, by signing below, accepted the Contractors offer and agrees that in
consideration of the execution of the Works by the Contractor, the Employer shall pay
the Contractor in accordance with the Contract. This Agreement comes into effect on the
date when the Contractor receives one original of this document signed by the Employer.
Signature:
Date:
Name:
Lillian Misick
Capacity: NIB Chairman
Authorised to sign on behalf of:

THE TURKS AND CAICOS ISLANDS
2013
APPENDIX
This Appendix forms part of the Agreement.
[NOTE: with the exception of the items for which the Employers requirements have
been inserted, the Contractor shall complete the following information before submitting
his offer.]
Item
Sub-Clause
Documents forming
the Contract listed in
the order of priority
(all of which are either
annexed or have been
signed in triplicate for
identification purposes
on behalf of the parties):
1.1.1
Data
Document (delete if not applicable)
Document Identification
(a) The Agreement
Annexed.
(b) Particular Conditions
Annexed.
(c) General Conditions
The General Conditions of

the Fdration
Internationale des
Ingnieurs- Conseils
(FIDIC) Short Form of
Contract, First Edition 1999
ISBN 2-88432-024-5.
(d) Specifications
Schedule 1
(e) The Bill of Quantities
Schedule 2
(f) Drawings
Schedule 3
Time for Completion
1.1.9
To be agreed
Law of the Contract
1.4
Law of the Country.
Language
1.5
English.
Provision of Site
2.1
On the Commencement
Date.
Authorised person
3.1
Colin Heartwell
Name and address of

Employers representative
3.2
BCQS Limited
Amount
4.4
10% (Ten per cent.) of

the Accepted Contract
Amount, in the currencies
and proportions in which
the Contract Price is
payable.
Form
4.4
Annexed.*
Contractors ultimate parent

company (if any)
4.4
N/A
Requirements for Contractors

design (if any)
5.1
Specification Clause
Nos:
Time for submission
7.2
Within 2 (two) days* of

the Commencement Date.
Form of programme
7.2
MS Project
Amount payable due to failure to

complete the works within the
specified contract period.
7.4
US $500.00 (five hundred

United States dollars) per
day up to a maximum of
10% (ten per cent.)* of
the sum stated in the
Agreement.
Period for notifying defects
9.1 & 11.5
365 (Three Hundred and

Sixty Five) days *
calculated from the date
Performance security (if any):
Programme:
stated in the notice under

Sub-Clause 8.2.
Variation procedure:
Daywork rates
10.2
Valuation of the Works:

Lump sum Price
11.1
Lump sum price with

schedules of rates
11.1
Lump sum price with bill of

quantitities
11.1
Re-measurement with tender bill

of quantities
11.1
Cost reimbursable
11.1
Total advance payment
11.1A
Advance Payment guarantee
11.1A
Applicable
20% (Twenty per cent.)

of the Accepted Contract
Amount.
Required
Number and timing of installments 11.1A
1 (One)
Repayment amortization of
Advance payment
11.1A
On a pro-rata basis as the

works proceed, with full
repayment being no later
than the date of Notice of
Taking Over
Percentage of value
of Materials and Plant
11.2
Materials: 80%
Plant: NA
Percentage of retention
11.3
5% (five Per cent)
Currency of payment
11.7
United States dollars.
Rate of interest
11.8
3% (Three per cent.) per

annum
Insurances:
14.1
To be supplied by
Contractor
(a) evidence of insurance
14.1
(b) relevant policies
14.1
Type of cover*
Amount of cover*
The Works, Materials, Plant

and fees
The sum stated in the

Agreement plus 15%
(fifteen per cent.).
Contractors Equipment
N/A.
Third Party injury to persons

and damage to property
US $1,000,000.00
(One Million United States dollars).
Workers
US $1,000,000.00
(One Million United States dollars).
7 (Seven)
receiving
contract.
7 (Seven)
receiving
contract.
days after
the signed
days after
the signed
Exclusions*
Other cover*
Arbitration:
Rules
15.3
UNCITRAL
Arbitration Rules as in
force on the
Commencement Date.
Appointing authority
15.3
President of FIDIC or his

nominee.
Place of Arbitration
15.3
Grand Turk.
* Employer to amend as appropriate.
PARTICULAR CONDITIONS
Sub Clause 1.1 Definitions
Sub Clause 1.1.4 shall be deleted, and the following substituted:
1.1.4
Employer means the person named in the Agreement and the legal
successors in title to this person, and his permitted assignees.
Sub Clause 1.7 Confidentiality

Add the following Sub Clause 1.7 after Sub Clause 1.6:
The Contractor shall treat the details of the Contract as private and confidential, except
to the extent necessary to carry out obligations under it or to comply with applicable
laws. The Contractor shall not publish, permit to be published, or disclose any particulars
of the Works in any trade or technical paper or elsewhere without the previous agreement
of the Employer.
Sub Clause 2.5 Assignment
The Employer may, without the consent of the Contractor, assign the benefit of the
Contract after either the expiry of the period stated in the Appendix, or the remedying of
notified defects, or the completion of outstanding work, all as referred to in Sub Clause
9.1, whichever is the later, or the termination of the Contract.
Sub Clause 4.4 Performance Security

Sub Clause 4.4 shall be deleted, and the following substituted:
If stated in the Appendix, the Contractor shall deliver to the Employer within 14
(fourteen) days of the Commencement Date a performance security in a form and from a
third party approved by the Employer, and a parent company guarantee from the
Contractors ultimate parent company (if any) identified in the Appendix. In return for a
suitable abatement in price, the Employer may in his sole discretion accept a parent
company guarantee alone. The forms of performance security and parent company
guarantee annexed shall be used, with such modifications as may be necessary properly
to bind the guarantors and benefit the Employer.
Sub Clause 7.4 Late Completion
Sub Clause 7.4 shall be deleted, and the following substituted:
If the Contractor fails to complete the Works within the Time for Completion, the
Contractors only liability to the Employer for such failure shall be to pay the amount
stated in the Appendix for each day for which he fails to complete the Works, but if the
maximum of such amount (if any) stated in the Appendix is reached, the Employer may
by notice terminate the Contract immediately. The Contractor shall then demobilize from
the Site, leaving behind Materials and Plant and any Contractors Equipment which the
Employer instructs in the notice is to be used until the completion of the Works.
10
Sub Clause 11.1A Advance Payment

Add the following Sub Clause 11.1A after Sub Clause 11.1:
The Employer shall make an advance payment, as an interest-free loan for mobilization.
If the Appendix states that an advance payment guarantee is required, the Employer shall
not be required to make any advance payment until the Contractor submits such a
guarantee in accordance with this Sub-Clause. The total advance payment, the number
and timing of instalments (if more than one), and the applicable currencies and
proportions, shall be as stated in the Appendix.
Unless and until the Employer receives the advance payment guarantee (if required), or if
the total advance payment is not stated in the Appendix, this Sub-Clause shall not apply.
The Employer shall pay the Contractor the first instalment of the advance payment within
21 (twenty-one) days after receiving a statement in respect thereof (which the Contractor
shall be entitled to submit under Sub-Clause 11.2) and after the Employer receives (i) the
performance security and parent company guarantee in accordance with Sub-Clause 4.4
and (ii) a guarantee (if required) in amounts and currencies equal to the advance payment.
This guarantee shall be issued by an entity and from within a country (or other
jurisdiction) approved by the Employer, and shall be in the form annexed, with such
modifications as may be necessary properly to bind the guarantor and benefit the
Employer, or in another form approved by the Employer.
The Contractor shall ensure that the guarantee is valid and enforceable until the advance
payment has been repaid, but its amount may be progressively reduced by the amount
repaid by the Contractor. If the terms of the guarantee specify its expiry date, and the
advance payment has not been repaid by the date 28 (twenty-eight) days prior to the
expiry date, the Contractor shall extend the validity of the guarantee until the advance
payment has been repaid.
11
The advance payment shall be repaid through percentage deductions from all gross
payments due to the Contractor, at the percentage stated in the Appendix. If the advance
payment has not been repaid prior to the issue by the Employer of a notice under SubClause 8.2 or prior to termination under Sub-Clause 12.1 and 12.2 or 12.3 or 13.2 (as the
case may be), the whole of the balance then outstanding shall immediately become due
and payable by the Contractor to the Employer.
Payments to the Contractor under Sub-Clauses 11.3, 11.4, 11.5, 11.6 and 11.7 shall be
subject to this Sub Clause.
Sub Clause 11.3 Interim Payments
The second paragraph of Sub-Clause 11.3 shall be deleted, and the following substituted:
The Employer may withhold interim payments until he receives the performance
security and parent company guarantee under Sub-Clause 4.4 (if any).
Sub - Clause 11.9 Taxes and Duties
No Turks and Caicos Islands Government taxes or duties (except Turks and Caicos
Islands Government National Insurance contributions properly payable) are payable on
works undertaken on behalf of the Turks and Caicos Islands Government.
12
Sub Clause 12.1 Default by Contractor

Add the following new first paragraph to Sub-Clause 12.1:
If the Contractor has given (before or after the award of the Contract), or gives, or offers
to give (directly or indirectly) to any person any bribe, gift, gratuity, commission or other
thing of value, as an inducement or reward:
(i)
for doing or forbearing to do any action in relation to the Contract and/or its
award, or
(ii)
for showing or forbearing to show favour or disfavour to any person in relation to

the Contract and/or its award,
or if any of the Contractors employees, agents or subcontractors has given (before or

after the award of the Contract), or gives, or offers to give (directly or indirectly) to any
person any such inducement or reward (however, lawful inducements and rewards to
Contractors employees shall not entitle termination); or has misrepresented facts, or has
used collusive practices, in order to influence the award of the Contract; then the
Employer may by notice terminate the Contract immediately: and shall be entitled (in
addition to any other rights of the Employer under the Contract or otherwise) to recover
from the Contractor the amount or value of any such inducement or reward (if any).
Upon the service of such notice, the Contractor shall demobilise from the Site, leaving
behind Materials and Plant and any Contractors Equipment which the Employer
instructs in the notice is to be used until the completion of the Works.
At the beginning of the second (formerly first) paragraph of Sub-Clause 12.1, the word
If shall be deleted, and the words Further, if substituted:
13
Sub Clause 12.4 Payment upon Termination

Sub Clause 12.4 (c) shall be deleted, and the following substituted:
(c)
if the Employer has terminated under Sub Clause 7.4 or 12.1 or 12.3, the
Employer shall be entitled to a sum equivalent to 20% (twenty per cent.) of the
value of those parts of the Works not executed at the date of the termination,
Sub Clause 15.1 Adjudication

Add at the end of Sub Clause 15.1:
Any Adjudicators Agreement shall provide:
(a)
that the Agreement shall be governed by the law of the Turks and Caicos Islands,
and that all disputes which may arise under, out of, or in connection with, or in
relation to, the Agreement shall be submitted to the jurisdiction of the courts of
the Turks and Caicos Islands; and
(b)
that the language of the Agreement shall be English.
Sub Clause 15.3 Arbitration

Add at the end of Sub Clause 15.3:
Subject to this Clause 15, all disputes shall be submitted to the jurisdiction of the courts
of the Turks and Caicos Islands.
14
PERFORMANCE SECURITY
THIS GUARANTEE is made on the
day of
Two thousand and
BETWEEN:
(1)
whose registered office is at
(the Guarantor); and
(2)
THE TURKS & CAICOS NATIONAL INSURANCE BOARD of Waterloo Road,

Grand Turk, Turks and Caicos Islands, British West Indies
(the Employer, which term shall include its successors and assignees).
WHEREAS by an Agreement (the Contract) dated
20
and made between the Employer of the one part and

(the Contractor) of the other part, the Contractor undertook the execution of certain works
(the Works) in accordance with the terms and conditions of the Contract.
IT IS AGREED as follows:-
The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the

Employer the due and punctual performance by the Contractor of all the obligations
on the part of the Contractor under or pursuant to the Contract (the Terms) and (as
a separate stipulation and as primary obligor) agrees that if the Contractor shall in any
respect commit any breach of or fail to fulfil any of the Terms, then the Guarantor
will forthwith perform and fulfil in place of the Contractor each and every Term in
respect of which the Contractor has defaulted or which is unfulfilled by the
Contractor. The Guarantor shall be liable to the Employer for all losses, damages,
expenses, liabilities, claims, costs or proceedings which the Employer may suffer or
incur by reason of the said failure or breach. Provided:
15
1.1
that the total liability of the Guarantor shall not exceed US$
(
1.2
United States dollars);
that upon the taking - over of the Works by the Employer in accordance with
Sub Clause 8.2 of the Contract, the total liability of the Guarantor stated
above shall reduce by 50% (fifty per cent.)*; and
1.3
that any claim hereunder must be received by the Guarantor on or before the
payment by the Employer to the Contractor of the second half of the retention
in accordance with Sub Clause 11.5 of the Contract, when this Agreement
shall expire.*
The Guarantor shall be, and continue to be, liable under this Agreement even if the
Contract is or becomes not binding on, or unenforceable against, the Contractor, for
any reason whatever.
No alterations in the Contract, or in the Works, and no
extension of time, forbearance or forgiveness, nor any act, matter or thing whatsoever
except an express release by the Employer, shall in any way release or reduce any
liability of the Guarantor hereunder. References to the Contract in this Agreement
shall include all amendments, variations and additions to it, whether made before or
after the date hereof.
This guarantee shall remain in full force and effect until performance in full of the
Terms, notwithstanding:
3.1
the insolvency or liquidation of the Contractor, the Guarantor or any other

person;
3.2
any disclaimer of the Contract by a liquidator of the Contractor; and/or any

feature of the Contract, the negotiations prior to the Contractor and the
Employer entering into the Contract, or the performance of the Contract,
making it ineffective or unenforceable.
16
Until the Terms have been unconditionally and irrevocably performed in full the
Guarantor shall not by virtue of any performance or payment made by it or otherwise:
4.1
be subrogated to any rights, security or moneys held or received or receivable

by the Employer; or
4.2
be entitled to exercise any right of contribution from any co-surety in respect

of such performance and liabilities under any other guarantee, security or
agreement; or
4.3
exercise any right of set-off or counterclaim against the Contractor or any

such co-surety; or
4.4
receive, claim or have the benefit of any payment, distribution, security or

indemnity from the Contractor or any such co-surety; or
4.5
unless so directed by the Employer (when the Guarantor will prove, and turn
over any realisations to the Employer, in accordance with such directions)
claim as a creditor of the Contractor or any such co-surety in competition
with the Employer.
No delay or omission of the Employer in exercising any right, power or privilege

hereunder shall impair such right, power or privilege or be construed as a waiver of
such right, power or privilege nor shall any single or partial exercise of any such
right, power or privilege preclude any further exercise thereof or the exercise of any
other right, power or privilege. The rights and remedies of the Employer herein
provided are cumulative and not exclusive of any rights or remedies provided by law.
A waiver given or consent granted by the Employer under this guarantee will be
effective only if given in writing and then only in the instance and for the purpose for
which it is given.
17
7.1
If at any time any one or more of the provisions of this guarantee is or becomes
invalid, illegal or unenforceable in any respect under any law, the validity, legality
and enforceability of the remaining provisions hereof shall not be in any way affected
or impaired thereby.
7.2
As a separate and alternative stipulation the Guarantor unconditionally and

irrevocably agrees that any sum expressed to be payable by it or obligation to be
performed by it under this guarantee but which is for any reason (whether or not now
existing and whether or not now known or becoming known to the Guarantor) not
recoverable from or enforceable against the Guarantor on the basis of a guarantee
shall nevertheless be recoverable from or enforceable against the Guarantor as if the
Guarantor were the sole principal debtor or obligor (where relevant).
8.1
Any notice, demand or other communication to be served under this guarantee may
be served upon the Guarantor only by posting or delivering the same or sending the
same by telex or facsimile transmission to the Guarantor at its address, or telex or
facsimile number shown below:
Address:
Telex:
Fax:
or at such other address or number as the Guarantor may from time to time notify in
writing to the Employer.
8.2
be served upon the Employer only by posting or delivering the same or sending the
same by telex or facsimile transmission to the Employer at its address, or telex or
18
Address:
Telex:
Fax:
or at such other address or number as the Employer may from time to time notify in
writing to the Guarantor.
A notice or demand served by post shall be deemed duly served on the tenth business
day after the date of posting and a notice or demand sent by telex or facsimile
transmission shall be deemed to have been served at the time of transmission unless
served after 5.00 p.m. in the place of intended receipt in which case it will be deemed
served at 9.00 a.m. on the following business day. For the purposes of this clause
business day means a day on which commercial banks are open for business in
London, England.
10
In proving service of any notice it will be sufficient to prove, in the case of a letter,
that such letter was properly stamped or franked, addressed and placed in the post
and, in the case of telex or facsimile transmission, that such telex or facsimile was
duly transmitted on a business day to a current telex or facsimile number of the
addressee at the address referred to above.
11
The Employer shall be entitled to assign or transfer all or any of the Employers
rights under this guarantee without the consent of the Guarantor.
12
The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and
all disputes which may arise under, out of, or in connection with, or in relation to,
this guarantee shall be submitted to the jurisdiction of the courts of the Turks and
Caicos Islands.
19
IN WITNESS whereof the Guarantor has caused this guarantee to be executed as a Deed the
day and year first before written in accordance with the law governing the constitution of the
Guarantor.
EXECUTED under Seal for

and on behalf of
in the presence of:
______________________________
DIRECTOR
___________________________
WITNESS
______________________________
DIRECTOR/SECRETARY
* Employer to amend or delete as appropriate.
20
PARENT COMPANY GUARANTEE

THIS GUARANTEE is made on the
day of
Two thousand and
BETWEEN:
(1)
whose registered office is at
(the Guarantor); and
(2)
THE TURKS & CAICOS NATIONAL INSURANCE BOARD of Waterloo Road,

Grand Turk, Turks and Caicos Islands, British West Indies
(the Employer, which term shall include its successors and assignees).
WHEREAS by an Agreement (the Contract) dated
20
and made between the Employer of the one part and

(the Contractor) of the other part, the Contractor undertook the execution of certain works
(the Works) in accordance with the terms and conditions of the Contract.
IT IS AGREED as follows:-
The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the

Employer the due and punctual performance by the Contractor of all the obligations
on the part of the Contractor under or pursuant to the Contract (the Terms) and (as
a separate stipulation and as primary obligor) agrees that if the Contractor shall in any
respect commit any breach of or fail to fulfil any of the Terms, then the Guarantor
will forthwith perform and fulfil in place of the Contractor each and every Term in
respect of which the Contractor has defaulted or which is unfulfilled by the
Contractor. The Guarantor shall be liable to the Employer for all losses, damages,
expenses, liabilities, claims, costs or proceedings which the Employer may suffer or
incur by reason of the said failure or breach.
21
The Guarantor shall be, and continue to be, liable under this Agreement even if the
Contract is or becomes not binding on, or unenforceable against, the Contractor, for
any reason whatever.
No alterations in the Contract, or in the Works, and no
except an express release by the Employer, shall in any way release or reduce any
liability of the Guarantor hereunder. References to the Contract in this Agreement
shall include all amendments, variations and additions to it, whether made before or
after the date hereof.
This guarantee shall remain in full force and effect until performance in full of the
Terms, notwithstanding:
3.1
the insolvency or liquidation of the Contractor, the Guarantor or any other

person;
3.2
any disclaimer of the Contract by a liquidator of the Contractor; and/or any

feature of the Contract, the negotiations prior to the Contractor and the
Employer entering into the Contract, or the performance of the Contract,
making it ineffective or unenforceable.
Until the Terms have been unconditionally and irrevocably performed in full the
Guarantor shall not by virtue of any performance or payment made by it or otherwise:
4.1
be subrogated to any rights, security or moneys held or received or receivable

by the Employer; or
4.2
be entitled to exercise any right of contribution from any co-surety in respect

of such performance and liabilities under any other guarantee, security or
agreement; or
4.3
exercise any right of set-off or counterclaim against the Contractor or any

such co-surety; or
22
4.4
receive, claim or have the benefit of any payment, distribution, security or

indemnity from the Contractor or any such co-surety; or
4.5
unless so directed by the Employer (when the Guarantor will prove, and turn
over any realisations to the Employer, in accordance with such directions)
claim as a creditor of the Contractor or any such co-surety in competition
with the Employer.
No delay or omission of the Employer in exercising any right, power or privilege

hereunder shall impair such right, power or privilege or be construed as a waiver of
such right, power or privilege nor shall any single or partial exercise of any such
right, power or privilege preclude any further exercise thereof or the exercise of any
other right, power or privilege. The rights and remedies of the Employer herein
provided are cumulative and not exclusive of any rights or remedies provided by law.
A waiver given or consent granted by the Employer under this guarantee will be
effective only if given in writing and then only in the instance and for the purpose for
which it is given.
7.1
If at any time any one or more of the provisions of this guarantee is or becomes
invalid, illegal or unenforceable in any respect under any law, the validity, legality
and enforceability of the remaining provisions hereof shall not be in any way affected
or impaired thereby.
7.2
As a separate and alternative stipulation the Guarantor unconditionally and

irrevocably agrees that any sum expressed to be payable by it or obligation to be
performed by it under this guarantee but which is for any reason (whether or not now
existing and whether or not now known or becoming known to the Guarantor) not
recoverable from or enforceable against the Guarantor on the basis of a guarantee
shall nevertheless be recoverable from or enforceable against the Guarantor as if the
Guarantor were the sole principal debtor or obligor (where relevant).
23
8.1
be served upon the Guarantor only by posting or delivering the same or sending the
same by telex or facsimile transmission to the Guarantor at its address, or telex or
Address:
Telex:
Fax:
or at such other address or number as the Guarantor may from time to time notify in
writing to the Employer.
8.2
be served upon the Employer only by posting or delivering the same or sending the
same by telex or facsimile transmission to the Employer at its address, or telex or
Address:
Telex:
Fax:
or at such other address or number as the Employer may from time to time notify in
writing to the Guarantor.
A notice or demand served by post shall be deemed duly served on the tenth business
day after the date of posting and a notice or demand sent by telex or facsimile
transmission shall be deemed to have been served at the time of transmission unless
served after 5.00 p.m. in the place of intended receipt in which case it will be deemed
served at 9.00 a.m. on the following business day. For the purposes of this clause
business day means a day on which commercial banks are open for business in
London, England.
24
10
In proving service of any notice it will be sufficient to prove, in the case of a letter,
that such letter was properly stamped or franked, addressed and placed in the post
and, in the case of telex or facsimile transmission, that such telex or facsimile was
duly transmitted on a business day to a current telex or facsimile number of the
addressee at the address referred to above.
11
The Employer shall be entitled to assign or transfer all or any of the Employers
rights under this guarantee without the consent of the Guarantor.
12
The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and
all disputes which may arise under, out of, or in connection with, or in relation to,
this guarantee shall be submitted to the jurisdiction of the courts of the Turks and
Caicos Islands.
IN WITNESS whereof the Guarantor has caused this guarantee to be executed as a Deed the
day and year first before written in accordance with the law governing the constitution of the
Guarantor.
EXECUTED under Seal for

and on behalf of
in the presence of:
_____________________________________
DIRECTOR
__________________________________
WITNESS
_____________________________________
DIRECTOR/SECRETARY
25
ADVANCE PAYMENT GUARANTEE

To: THE TURKS & CAICOS NATIONAL INSURANCE BOARD of Waterloo
Road, Grand Turk, Turks and Caicos Islands, British West Indies (hereinafter called
the Employer).
Re: Contract No:

(the Contract).
In accordance with the Conditions of Contract (Sub-Clause 11.1A (Advance Payment))

of the Contract,
of
(the Contractor) is required to provide the Employer with a guarantee in amounts and
currencies equal to the advance payment, namely:
US$
We,
of
unconditionally and irrevocably guarantee to pay (as primary obligor and not as surety
merely) to the Employer on his first demand without any right of objection whatsoever on
our part and without any Employers first claim to the Contractor, amounts from time to
time so demanded not exceeding the amount[s] stated above.
We shall be, and continue to be, liable under this guarantee even if the Contract is or
becomes not binding on, or unenforceable against, the Contractor, for any reason
whatever. No alterations in the Contract, or in the Works described therein, and no
26
except expiry in accordance with its terms or an express release by the Employer, shall in
any way release or reduce our liability under this guarantee. References to the Contract
in this guarantee shall include all amendments, variations and additions to it, whether
made before or after the date hereof. We hereby waive notice of any such amendment,
variation or addition.
The amount of this guarantee shall be progressively reduced by the amount of the
advance payment repaid by the Contractor in accordance with the Contract.
This guarantee (as so progressively reduced) shall remain valid and in full effect until the
Employer receives full repayment of the amount[s] stated above from the Contractor.
The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and all
matters relating hereto shall be determined by the courts of the Turks and Caicos Islands.
IN WITNESS whereof we have caused this guarantee to be executed as a Deed this

day of
20
27
THE COMMON SEAL of
was hereunto affixed in the presence of:
Director
Secretary
28
ATTESTATION CLAUSES OF SHORT FORM OF CONTRACT FOR

CONSTRUCTION
EXECUTED under Seal for and on

behalf of THE TURKS & CAICOS
by
_______________________________
LILLIAN MISICK
CHAIRMAN TCI NATIONAL INSURANCE BOARD
in the presence of:
___________________________________
WITNESS
Name_____________________
EXECUTED under Seal for and

on behalf of
___________________________________
DIRECTOR
Name: __________________________
In the presence of:
_____________________________
WITNESS
Name________________________
____________________________________
DIRECTOR/SECRETARY
Name______________________________
29

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TURKS & CAICOS ISLANDS NATIONAL INSURANCE BOARD

SHORT FORM OF CONTRACT FOR CONSTRUCTION

RENOVATION AND REFURBISHMENT OF THE HON. L.

NATIONAL INSURANCE BOARD

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

Advance Payment Guarantee

Attestation Clauses of Short Form of Contract for Construction

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

TURKS AND CAICOS ISLANDS NATIONAL INSURANCE BOARD

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

Authorised to sign on behalf of:

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

Document (delete if not applicable)

(a) The Agreement

(b) Particular Conditions

(c) General Conditions

The General Conditions of

(e) The Bill of Quantities

Time for Completion

Law of the Contract

Law of the Country.

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

Name and address of

10% (Ten per cent.) of

Contractors ultimate parent

Requirements for Contractors

Time for submission

Within 2 (two) days* of

Amount payable due to failure to

US $500.00 (five hundred

Period for notifying defects

9.1 & 11.5

365 (Three Hundred and

Performance security (if any):

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

stated in the notice under

Valuation of the Works:

Lump sum price with

Lump sum price with bill of

Re-measurement with tender bill

Total advance payment

Advance Payment guarantee

20% (Twenty per cent.)

Number and timing of installments 11.1A

On a pro-rata basis as the

5% (five Per cent)

United States dollars.

3% (Three per cent.) per

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

(a) evidence of insurance

(b) relevant policies

The Works, Materials, Plant

The sum stated in the

Third Party injury to persons

President of FIDIC or his

* Employer to amend as appropriate.

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

Sub Clause 1.7 Confidentiality

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

Sub Clause 4.4 Performance Security

AP/asb 07.07.2005 FIDIC Green Book Std. (3)

Sub Clause 11.1A Advance Payment

AP/asb 07.07.2005 FIDIC Green Book Std. (3)