Subcontractors بسم الله الرحمن الرحيم Islamic university in Gaza Collage of Engineering Postgraduate program Construction Management Prepared by: Eng. Ali El -Sersawi Supervisor: Dr. Kamalen Shaat APRIL, 2006.

Subcontractors Definition of nominated subcontractor Definition of nominated subcontractor who is stated in the contract as being a nominated subcontractor whom the engineer under clause 13 instructs the contractor to employ as a subcontractor.

Objection to nomination the contractor shall not be under any obligation to employ a nominated subcontractor against whom the contractor raises reasonable objection by notice to the engineer as soon as practicable with supporting particulars. the contractor shall not be under any obligation to employ a nominated subcontractor against whom the contractor raises reasonable objection by notice to the engineer as soon as practicable with supporting particulars.

Objection to nomination an objection shall be deemed reasonable if it arises from ( among other things ) any of the following matter, unless the employer agrees to indemnify the contractor against and from the consequences of the matter. an objection shall be deemed reasonable if it arises from ( among other things ) any of the following matter, unless the employer agrees to indemnify the contractor against and from the consequences of the matter. a) there are reasons to believe that the subcontractor dose not have sufficient competence recourses or financial strength.

b) the subcontract dose not specify that the nominated subcontractor shall indemnify the contractor against and from any negligence or misuse of good by the nominated subcontractor his agents and employees or b) the subcontract dose not specify that the nominated subcontractor shall indemnify the contractor against and from any negligence or misuse of good by the nominated subcontractor his agents and employees or

c) the subcontract dose not specify that for the subcontracted work ( including design if any ) the nominated subcontractor shall : i ) undertake to the contractor such obligations and liabilities as will enable the contractor to discharge his obligations and liabilities under the contract. ii) indemnify the contractor against and from all obligations and liabilities arising under or in connection with the contract and from the consequences of any failure by the subcontractor to perform these obligations or to fulfill these liabilities.

Payment to nominated subcontractor the contractor shall pay to the nominated subcontractor the amounts which the engineer certifies to be due in accordance with the subcontract. these amount plus other charges shall be included in the contract price in accordance with sub- paragraph (b) of sub-clause 13. {provisional sums }except as stated in sub-clause 5.4 {evidence of payment }. the contractor shall pay to the nominated subcontractor the amounts which the engineer certifies to be due in accordance with the subcontract. these amount plus other charges shall be included in the contract price in accordance with sub- paragraph (b) of sub-clause 13. {provisional sums }except as stated in sub-clause 5.4 {evidence of payment }.

Evidence of payment before issuing a payment certificate which includes an amount payable to a nominated subcontractor the engineer may request the contractor to supply reasonable evidence that the nominated subcontractor has received all amount due in accordance with previous payment certificates less applicable deductions for retention or otherwise before issuing a payment certificate which includes an amount payable to a nominated subcontractor the engineer may request the contractor to supply reasonable evidence that the nominated subcontractor has received all amount due in accordance with previous payment certificates less applicable deductions for retention or otherwise

Unless the contractor a) submits this reasonable evidence to the engineer. b) (i) satisfies the engineer in writing that the n contractor is reasonable entitled to withhold or refuse to pay these amounts and (ii) submits to the engineer reasonable evidence that the nominated subcontractor has been notified of the contractors entitlement. (ii) submits to the engineer reasonable evidence that the nominated subcontractor has been notified of the contractors entitlement.

Evidence of payment Then the employer may ( at his sole discretion ) pay direct to the nominated subcontractor part or all of such as amounts previously certified ( less applicable deductions ) as are due to the nominated subcontractor and for which the contractor has failed to submit the evidence described in sub-paragraphs (a) or (b) above. The contract shall then repay to the employer the amount which the nominated subcontractor was directly paid by the employer. Then the employer may ( at his sole discretion ) pay direct to the nominated subcontractor part or all of such as amounts previously certified ( less applicable deductions ) as are due to the nominated subcontractor and for which the contractor has failed to submit the evidence described in sub-paragraphs (a) or (b) above. The contract shall then repay to the employer the amount which the nominated subcontractor was directly paid by the employer.

Thank you for all