ATURCARA KONTRAK DAN BAHAN BINAAN 2 | OSMAN ESA |

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CONTRACTOR EMPLYEMENT
DETERMINATION OF
CLAUSE 51:
INTRODUCTION


 In general, a job should run smoothly and not be stopped without

any reason even if there is an extension of time.

ATURCARA KONTRAK DAN BAHAN BINAAN 2



 Proved significantly when the contractor could not complete the

work or have expressed their refusal to complete the work the

contractor work to be terminated.

 Before the certificate of termination of contractor work, a notice

of intent should be issued to the contractor in advance.

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
Sub-clause (a)


For that Officer Authority to take action.


- Failure Cases.

ATURCARA KONTRAK DAN BAHAN BINAAN 2


If the contractor commits breach of any one or more of the

following:

 If without reasonable cause it is suspending the whole or any part

of the work before the completion of the work.

 If it fails to continue to work with in sequences.

 If it fails to perform according to contract and negligent

discharge of its obligations. 3

Continued ....


 If it fails, and repeatedly neglected to comply with a written

notice of the Superintending Officer to replace or change any

ATURCARA KONTRAK DAN BAHAN BINAAN 2

defective work or materials that are not suitable items.

 If it does not comply with the provisions of Clause 27 (a), (c), and

(d) of sub-lease and Assignment


Notice of intent shall be issued in advance where the contractor is

given 14 days to meremedikan. If you are going then the

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termination notice sent by registered post or recorded delivery

specifying delivery possible.

Sub clause (b)


Bankruptcy Cases.


If the bankruptcy of a contractor to do:

ATURCARA KONTRAK DAN BAHAN BINAAN 2

 Commits an act bankruptcy.

 Become insolvent or make a settlement with creditors, creditors

and make arrangements with them.

 As a company facing a court order (an order winding up).

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Continued ....


 Has a liquidator, receiver or temporary manager of the business or

operators properly appointed or surrender possession to be

taken by or on behalf of creditors, creditors with a floating

ATURCARA KONTRAK DAN BAHAN BINAAN 2

charge of any property comprised in or subject to a floating

charge on it. The government does not need to send the notice

of intention, but continue to only send a notice of termination.

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 
Consideration should be taken into account to decide the

termination of the employment contractor.

 Where the contractor resulted in her continuing inability to

ATURCARA KONTRAK DAN BAHAN BINAAN 2

continue and complete the work, simple things should be done

by the contractor is a contractor completed the work.

 Where the contractor defaults or fails to continue its

obligations, especially the contractor fails to continue to work

diligently, taking the results of the contractor should be

terminated.
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Continued ....


 In deciding whether to consider taking the contractor to be

terminated based on the interests of employers, the

ATURCARA KONTRAK DAN BAHAN BINAAN 2

administration and its implications in terms of social and

political. However, the main purpose is to ensure that the

completed in time.

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
Prosuder before the contractors removed.


Government warned prior to the expiration of contractor the

default within 14 days to take steps to contractor approprite..

ATURCARA KONTRAK DAN BAHAN BINAAN 2

14 days


If no action or positive measures from the contractor, the

Superintending Officer to send a notice of intention to end the

contract by registered mail.


14 days
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
If still no action from contractor, notice of termination sent by

registered post and the contract will be abolished.


Next action.

 The new contractor will be appointed by the government.

ATURCARA KONTRAK DAN BAHAN BINAAN 2

 Assessment of the cost of fiber loss claimed from the old

contractor not later than three months.

 Government issued a Final Certificate of termination of the

employment contract the contractor.

 If the contractor fails to comply with such claims even warned the
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government would take legal actions against the Ministry of

Public Works.

Sub clause (c)


- Effect of Termination of Employment Contractors


Sub clause (c) (i) Emergency Authority Officer.

ATURCARA KONTRAK DAN BAHAN BINAAN 2

 Employers will take over the site immediately.

 Contractor shall stop the activity immediately.

 Contractor shall leave the building while including material not install

on site unless instructed in writing Authority of Officer to

transfer a given time.

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

Sub clause (c) (ii), (iii) & (iv) further action by the government.

 The Government can complete the work completed by himself or

others.

ATURCARA KONTRAK DAN BAHAN BINAAN 2



 The Contractor shall deliver the right or power to the government

or employers on all matters of agreement the supply goods,

materials, performing work implementation of the project work

as specified in the project.

 Lists and direct the contractor to be transferred to any matter

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specified in sub clause (c) (iv).
Continued ....


 Contractor shall pay any damages or loss to the government or

employer, if the officer had authority to issue a Final

Certificate of the amount to be paid after the new contractor is

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appointed.

 Provide cost estimates will be required to complete the job has

been terminated. For example, the cost of the bid call.

 Impose disciplinary action to the contractor. For example, black

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listed contractor.

Sub clause (c) (v) & (vi)

When the government appointed a new contractor will make an

assessment of costs and / or damage and a claim will be made to

the original contractor under which the claim is made not later

ATURCARA KONTRAK DAN BAHAN BINAAN 2

than nine months from the date of termination of its acquisition of

the government will issue a certificate referred to in the Final

Declaration of contract the termination of the employment of

contractors.

If the contractor fails to meet such demands even if copyright has

been given a reminder, the government will take legal action with
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respect to the legal adviser Ministry of Works.

Things are in the Final Declaration


(a) Cost of Completion.

(A)

ATURCARA KONTRAK DAN BAHAN BINAAN 2

 Total interim payments paid to the original contractor.

 Total fees paid to kene Nominated Sub Contractors and Nominated

Suppliers and others.

 Total Contract Price a new fee to be paid to another contractor to

complete the work.

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Continued ....


 The total cost of losses to the government as a result of the

project can not be completed, including the cost was calculated

from the date of termination of employment of the contractor

ATURCARA KONTRAK DAN BAHAN BINAAN 2

until the Completion Date by the new contractor.

 Charges "On Cost" will be imposed on the original contractor for

the purpose of paying back the cost of administration incurred

by the employer for the tender call. The value of this charge is

usually already agreed (10% of the new contract or the total

costs paid to the new contractor or other person who abandoned 16

the job done).


(b) Adjusted Original Contract Price

(b)

 The original Contract Sum.

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 Net value adjustments in the original Contract Sum.

 Deduction for certain compensation and set the subject of the

original contract.

 Other deductions that may be imposed by the government under the

contract. For example, the payment insurance renewal premium.

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ATURCARA KONTRAK DAN BAHAN BINAAN 2
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THE END