✨ Conditions of Wharf Construction Contract
238
with his foreman, or upon the site of the works, the Provincial Government, in case the Contractor shall not, within the space of forty-eight hours after such notice being given or left, as aforesaid, proceed with the completion of the said works to the satisfaction of the Provincial Engineer of the Province, shall be at liberty to enter upon and take possession of the works and all materials on the site and on adjoining land and complete the erection of the said wharf and works, or contract with any other person or persons so to do, and may retain to themselves all such sums of money belonging to the said Contractor as may be in their hands towards the expense of completing such wharf and works, and sue him for any difference of expense in completion of the works and all costs occasioned by such neglect, delay or default.
The Contractor to state a separate sum for labor, only in sheathing the standard piles with copper or Muntz metal. All the material for such sheathing will be provided by the Government.
The whole work to be completed within one year from the signing of the agreement to erect the wharf and works, subject to penalties hereafter stated.
The Contractor will be paid at the end of each month at the rate of 75 per cent, on the value of work executed and examined and passed, and material deposited on the ground and also examined and passed, such value to be determined by the person appointed to inspect the work; the balance will be paid within seven (7) days after the works shall be taken over by the Government.
Should the work not be completed within the time agreed upon, the contractor to pay a penalty of £5 per day as liquidated damages for every day or part of a day from the day on which the works ought to have been completed until the same shall be completed and taken over by the Government.
If any dispute or difference shall arise between the Contractor and Government touching the works or any alteration therein or addition thereto or any other matter or thing whatsoever relating to the works, it shall be left to the determination and award of three indifferent persons. One to be named by the Government, another by the Contractor and the third by the said two persons so to be named, the decision of any two of them to be binding.
The Contractor to find two sureties who must enter into a Bond in the penalty of £1000 each for the due performance of the works by him. The names of such sureties to accompany the tender.
Wellington Provincial Gazette 1861, No 34
✨ LLM interpretation of page content
🏗️
Conditions and Heads of Agreement for Deep Water Wharf construction
(continued from previous page)
🏗️ Infrastructure & Public WorksWharf construction, Contract conditions, Tender, Provincial Engineer, Labour, Materials, Schedule of prices, Sureties, Penalties