The Contractor is to apply for a Taking-Over Certificate not more than 14 days before the Works are completed by giving a Notice to the Engineer.
Within 28 days after receiving the Notice of the Contractor, the Engineer responds to the Notice in two ways;
Issues the Taking-Over Certificate
| States the completion date of the works except minor outstanding works and defects. |
Rejects the Application for the Taking-Over Certificate
| The Engineer gives a Notice to the Contractor including information about the rejection, the works to be done, the defects required to be remedied and the documents to be submitted. |
| The Contractor is to give a Notice to the Engineer if the Employer uses any part of the work before the issuance of the Taking-Over Certificate. |
| “The Used Part” is to be deemed to have been taken over by the Employer. |
| The responsibility regarding “the used part” passes to the Employer from the Contractor. |
| The Engineer is to promptly issue a Taking-Over Certificate. |
The Contractor is to carry out the minor outstanding works and defects which are listed in the Taking-Over Certificate before the expiry date of the DNP.
If the Contractor incurs any cost due to the Employer’s taking over process or using any part of the Work, the Contractor is to be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment of such Cost Plus Profit.
The Delay Damages for the completion of the remainder of the Works shall be reduced. This reduction is to be calculated as the proportion which the value of the Part (except the value of any outstanding works and/or defects to be remedied) bears to the value of the Works or Section (as the case may be) as a whole 1 .
The Engineer is to act under Sub-Clause 3.7 [Agreement or Determination] to agree or determine this reduction.
FOOTNOTES
1. The same Sub-Paragraph letters are used as in Sub-Clause 10.2 [Taking Over Parts] of the 207 FIDIC Red and Yellow Books.
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