Common use of Taking Over of Parts of the Clause in Contracts

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. The Employer shall not use any Part of the Works unless and until the Engineer has issued a Taking-Over Certificate for this Part. If the Employer does use any other Part of the Works before the Taking-Over Certificate is issued: the Part shall be deemed to have been taken over as from the date on which it is used, the Contractor shall cease to be liable for the care of such Part as from this date, when responsibility shall pass to the Employer, and if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this Part. After the Engineer has issued a Taking-Over Certificate for a Part of the Works, the Contractor shall be given the earliest opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Defects Notification Period. If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to payment of any such Cost, which shall be added to the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine this Cost. If a Taking-Over Certificate has been issued for a Part of the Works (other than a Section), the liquidated delay damages thereafter for completion of the remainder of the Works shall be reduced. Similarly, the liquidated delay damages for the remainder of the Section (if any) in which this Part is included shall also be reduced. For any period of delay after the date stated in this Taking-Over Certificate, the proportional reduction in these liquidated delay damages shall be calculated as the proportion which the value of the Part so certified bears to the value of the Works or Section (as the case may be) as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the daily rate of liquidated delay damages under Sub-Clause 8.7 [Delay Damages], and shall not affect the maximum amount of these damages.

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 part of the Permanent Works. The Employer shall not use any Part part of the Works (other than as a temporary measure which is either specified in the Contract or agreed by both Parties) unless and until the Engineer has issued a Taking-A Taking –Over Certificate for this Partpart. If However, if the Employer does use any other Part part of the Works before the Taking-Over Certificate is issued: the Part part which is used shall be deemed to have been taken over as from the date on which it is used, the Contractor shall cease to be liable for the care of such Part part as from this date, when responsibility shall pass to the Employer, and if requested by the Contractor, the Engineer shall issue a Taking-Over Certificate for this Partpart. After the Engineer has issued a Taking-Over Certificate for a Part part of the Works, the Contractor shall be given the earliest earlier opportunity to take such steps as may be necessary to carry out any outstanding Tests on Completion. The Contractor shall carry out these Tests on Completion as soon as practicable before the expiry date of the relevant Defects Notification Period. Period If the Contractor incurs Cost as a result of the Employer taking over and/or using a part of the Works, other than such use as is specified in the Contract or agreed by the Contractor, the Contractor shall (i) give notice to the Engineer and (ii) be entitled subject to Sub-Clause 20.1 [Contractor’s Claims] to payment of any such CostCost plus reasonable profit, which shall be added to included in the Contract Price. After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine this CostCost and profit. If a Taking-Over Certificate has been issued for a Part part of the Works (other than a Section), the liquidated delay damages thereafter for completion of the remainder of the Works shall be reduced. Similarly, the liquidated delay damages for the remainder of the Section (if any) in which this Part part is included shall also be reduced. For any period of delay after the date stated in this Taking-Over Certificate, the proportional reduction in these liquidated delay damages shall be calculated as the proportion which the value of the Part part so certified bears to the value of the Works or Section (as the case may be) as a whole. The Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these proportions. The provisions of this paragraph shall only apply to the daily rate of liquidated delay damages under Sub-Clause 8.7 [Delay DamagesDamaged], and shall not affect the maximum amount of these damages.