Write a 12 pages paper on contracts administration and disputes resolution in hong kong. The arbitrator is competent to decide matters relating to Article 5 objection. Besides, the Arbitrator can decide on the question of whether the Architect’s instruction is in order, whether or not a certificate has been unreasonably withheld or not issued as per the Conditions among others. The Venue of Arbitration shall be Hong Kong. The documents forming part of the Contract shall be in the following sequence as stated in clause 1.5. (a) the agreement under the contract if any, (b) the letter of acceptance, (c) the Letter of Tender, (d) the special conditions, (e) general conditions, (f) specifications, (g) drawings, and (h) schedules and other documents if any to be construed as part of the Contract. In case of any ambiguity or discrepancy in the documents, the Engineer must suitably clarify or give instruction. The contractor shall execute the contract agreement within 28 days of receiving the letter of acceptance (clause 1.6) unless otherwise agreed to and the contract shall be in the prescribed form in the appendix attached to the Particular Conditions.
Article 5 lists certain documents as forming part of the Contract. They are (a) the Articles of Agreement and the Appendix, (b) Form of Tender submitted by the contractor, Letter of Acceptance of the Employer, (c) Special conditions if any, (d) General conditions, and (e) the contract drawings. The order of precedence is as above from a toe. Besides, for adjusting contract sum, contract bill shall precede the contract drawings and specification and for all other purposes including the execution of the work, Contract drawings shall precede Contract Bills (Hkia.net, 2005)
As a right, the Engineer can issue instructions for variations in the works any time prior to the issue of the Taking-Over Certificate for the Works or ask the Contractor to send a proposal. The contractor shall comply with each modification unless the Contractor notifies the Engineer promptly that he will not be able to effect a variation giving reasons with particulars. The Employer then cancels, confirms, or varies the instructions. Every variation can include changes in the quantities of any item of work ordered, changes in quality or other characteristics of an item of work, changes in the dimensions, levels or positions of any part of work, the omission of any work except when being carried out by others, any additional work, plant, material or services essential for the Permanent Works which should also include any related tests on completion, etc.
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