CONTRACT FOR WORKS

The agreement is made between ........................................ (Herein called ‘the Client')of the one part and Sky High Group Construction (Herein called ‘the Contractor) of the other part.

WHEREAS The Client and the Contractor are desirous of entering into a contract regarding which the following agreement is hereinafter entered into.

NOW THIS AGREEMENT IS AS FOLLOWS:
             
CHAPTER 1 - GENERAL PROVISIONS
    
Article 1: Description of the contract
this contract is for the construction of a ............................................  
            
Article 2: Location of Works
The works are located in ..............................................
            
Article 3: Type of Contact
This contract is for a fixed, non-adjustable price of Dalasis ............................
            
Article 4: Contract Documents
The following are the contract documents, in order of priority:
- The overall price breakdown,with reference to the schedule of unit prices and the bill of quantities;
- The special technical specifications;
- Drawings and designs.
- Timetable.

CHAPTER 11 - EXECUTION OF WORKS

Article 5: Commencement of works
The handing over of the site to the contractor shall constitute an implicit order to commence the works. The work shall commence on the ...... of .......................................
 
Article 6: Timetable and completion date
No later than 7 calendar days following signature of the contract, the contractor shall furnish to the Client a proposed timetable and a detailed works organization chart. The completion date shall be............ months (….........................................) following the commencement of works.

Article 7: (Extra) Documents
Any extra documents deemed relevant shall be made available to the contractor. All documents that are needed will be arranged by the contractor.

Article 8: Drawings
A full set of working drawings shall be provided by the contractor.

Article 9: Quality of Works
The works shall be of excellent quality, conforming in all aspects to acceptable standards, free from any defects, and in conformity with the plans and specifications. Guarantee for 6 months for floor, walls, ceiling and roof and all windows doors and sanitary fittings.

Article 10: Orders
The Client or his representative ‘..........................................' shall alone be authorized to issue orders to the contractor.

Article 11: Labour
In its labour relations, the contractor shall be subject to the regulations in force in The Gambia at the time the works are performed, in particular the Labour Laws.

Article 12: Provisional Acceptance
The contractor shall notify the client at least 15 working days prior to the date on which the works are to be completed. The client shall then invite the contractor or his nominee to the acceptance proceedings, which should take place as soon as possible. The verifications performed shall determine whether the works are fully or only partially completed, and shall identify any defects or faults. The client shall prepare a certificate that he shall sign together with the contractor

Article 13: Defects Liability Period and Final Acceptance
The defects liability period shall run for 1 year or through the first rainy season from the date of provisional acceptance or till the end of one rainy season whichever is longer. During that period, the contractor shall be formally placed on notice by the client to execute the works required under guarantee. In the event of refusal or non-compliance, The client shall be automatically entitled to execute the work still to be done and to withhold from the contractor's guarantee all sums necessary for reimbursement of the expenses incurred. Final acceptance shall be declared at the end of the defects liability period in the form of an official report sent to the contractor.

CHAPTER 111 - FINANCIAL PROVISIONS

Article 14: Payment plan
The total amount of this contract is ..................................................
•  50 % on signing of the contract. 
•  30% Completion of roof level.
• 18% Completion of building.
•  2% After 6 months retention period.

CHAPTER IV - MISCELLANEOUS PROVISIONS

Article 16: Delays
In the event that, through the contractor's fault, items of work specified in the contract are not completed on schedule, the contractor shall be subject to a penalty of 0.001 % of the price of the works ordered per day of delay.

Article 17: Liability
The contractor shall be liable during execution of the works for all damage, harm or accidents of whatever nature to third parties caused by its personnel or equipment or resulting from the works.

Article 18: Disputes and Litigation
If, over the course of the works, problems should arise between the Client and the contractor to which no amicable solution can be found, the issue shall be brought before the competent courts in The Gambia.

Article 19: The contractor shall take responsibility of the property from the handing over of the contract to the completion of the works.

SPECIAL CONDITIONS OF CONTRACT

Article 20: Maximum Penalty for Delays
The Client shall be entitled to liquidated damages of 0.1% of the contract price for every day work up to a maximum amount of 5% of the contract price.

Article 21: To give over all the rights, when the contractor seriously fails to another contractor.

DONE IN BANJUL this .................day of ...............................20…

signature:
both parties
both parties withness