thereof has been or is likely to be materially affected by any circumstances that are, in

the Engineer's opinion, within the control of the Employer, the Engineer shall, after
due consultation with the Employer determine the amount of such additional
unavoidable work and expenditure, which shall be added by variation order under
clause 4.6 to the Contract Price provided always that:

a the Contractor's application shall be made as soon as it has become or, should
reasonably have become, apparent to it that the regular progress of the Works
or any part thereof has been or was likely to be affected as aforesaid, and

b the Contractor shall in support of its application and in respect of the amount of
the additional unavoidable work or expenditure provide upon request by the
Engineer such information and details as the Engineer may reasonably require.

Provided always that the Contractor shall not be entitled to any such reimbursement for
any unavoidable additional work or expenditure incurred during the period stated in the
Appendix to Contract. For the avoidance of doubt, the Contractor shall be entitled to
make a claim under Clause 3.2 during such period.

PAYMENT
5.1 Progress payments and retention

The Engineer shall, if requested by the Contractor, at not less than monthly intervals
certify progress payments to the Contractor in respect of the value of the Works
properly executed which shall include:

5.1.1 any amounts ascertained or agreed under Clauses 4.6 and 4.7,

5.1.2 at the Engineer's discretion, the value of any materials and goods which have been
reasonably and properly brought upon the site for the purpose of the Works and which
are adequately stored and protected against the weather and other casualties,

5.1.3 deduction of a retention of an amount as stated in the Appendix to Contract, and

5.1.4 deduction of amounts already included in any previous certificates issued by the
Engineer.

5.2 Penultimate certificate

The Engineer shall after certifying Completion, certify payment to the Contractor of
ninety-five percent (95%) of the total amount to be paid to the Contractor under this
Contract so far as that amount is ascertainable at that time. Such amounts shall include
any amounts ascertained or agreed under Clauses 4.6 and 4.7 and shall be less all
amounts already included in any previous certificates issued by the Engineer.

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Within the period stated in the Appendix to Contract from the date of Completion the
Contractor shall supply all documentation reasonably required by the Engineer to
calculate the final account for the Works. After the date when the Engineer has
certified that the Contractor has discharged its obligations under Clause 3.5 the
Engineer shall calculate and certify the final amount adjustments (if any) to the
Contract Price and the balance.

5.4 Payment by the Employer or Contractor

Any amounts properly certified shall be paid by the Employer to the Contractor or
Contractor to the Employer (as the case may be) within forty-two (42) days from the
date of the relevant certificate.

5.5 Interest on overdue payments (if applicable)

If this Clause 5.5 is stated to be applicable in the Appendix to Contract then in the
event of failure by the party obliged to make payment in accordance with Clause 5.4
that party shall pay to the other party interest upon any overdue payment at the rate
stated in the Appendix to Contract from the latest date when the payment should have
been made.

5.6 Fixed price

The Contract Price is a fixed lump sum and the Contractor shall not be entitled to any
payment under the Contract for any change in the cost of the labour, materials, plant or
any other resources employed in carrying out the Works.

5.7 Payment to Contractor's Bank

If the Contractor wishes payment of any monies due to it under the Contract to be
made to its bank then it shall arrange for its bank to complete and shall then itself
complete and deliver to the Employer a Form of Request for Payment by Bank
Transfer in the form of the document set out in Appendix 2. Any such payment by the
Employer to the Contractor's bank shall be subject to and on the basis of the conditions
and provisions set out in such Form of Request for Payment by Bank Transfer.

5.8 Payment due from Contractor

All costs, penalties, damages or expenses for which under the Contract the Contractor
is liable to the Employer may be deducted by the Employer from any monies due or
becoming due to the Contractor under the Contract or may be recovered as a debt due
from the Contractor.

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