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41.         Non-working hours and special non-working days

42. (1)   Suspension of work
      (2)   Suspension lasting more than 84 days

43. (1)   Rate of progress

      (2)   Work at night

44.         Delays attributable to the Employer

45. (1)   Time for completion

      (2)   Extension of time for completion
      (3)   Some reasons for extension of time
      (4)   Relevant adjustments to P&G allowances

46. (1)   Penalty for delay
      (2)   Reduction of penalty  

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41. Non-working hours and special non-working days

      None of the Works shall be executed except between sunrise and sunset on Monday to Saturday, inclusive,
      of any week or on any special non-working days stated in the Appendix unless

(a) the Engineers permission in writing is obtained, subject to such conditions as may be laid down by
      the Engineer, or

(b) provision is specifically made for it in the Contract, or

(c) it is customary to carry out the work concerned by rotary or double shifts, or

(d) work is unavoidable or necessary for the saving of life or property or for the safety of the Works.

      Adequate notice shall be given to the Engineer or the Engineers Representative whenever the Contractor
      proposes to carry out work outside normal working hours in accordance with this Clause,
      due regard being had to the circumstances.

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      The Contractor shall, on the written order of the Engineer, suspend the progress of the Works or
      any part thereof for such time or times and in such manner as the Engineer shall order and shall, during such
      suspension, properly protect the Works so far as is necessary.

      Unless such suspension or alteration is otherwise provided for in the Contract or
      necessary

(a) for the proper execution of the Works,

(b) by reason of weather conditions on the Site,

(c) by reason of some default or breach of the Contract on the part of the Contractor, or

(d) for the safety of the Works or any part thereof, the Contractor shall in respect of any delay or
      additional Cost of giving effect to the Engineers order, be entitled to make a claim in
      accordance with Clause 51.

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(2) Suspension lasting more than 84 days

      If the progress of the Works or any part thereof is so suspended for more than 84 days in aggregate,
      the Contractor may deliver a written notice to the Engineer requiring permission to proceed with the Works
      or that part thereof in respect of which progress is suspended.


      If such permission is not granted within 28 days after the Engineers receipt of the written notice,
      the Contractor may, by a further written notice to the Engineer, elect to treat the suspension, where it
      affects only part of the Works, as an omission of such part under Clause 39 or, where it affects the whole
      Works, as a repudiation of the Contract by the Employer, in which case Clause 59 shall apply.

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      Should the Engineer at any time be of the opinion that the rate of progress of the Works or any part thereof
      is too slow to ensure the completion of the Works or any part thereof by the Due Completion Date,
      he shall so notify the Contractor in writing, with specific reference to this Clause, and the Contractor shall
      thereupon, subject to the approval of the Engineer which approval shall not be unreasonably withheld,
      take such steps as are necessary to expedite progress so as to complete the Works or the said part thereof
      by the Due Completion Date.

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(2) Work at night

      In respect of any action arising from Sub-Clause (1), if the work is not being carried out by day and by night
      and the Contractor requests permission to work by night as well as by day then, if the Engineer grants
      permission, the Contractor shall not be entitled to any additional payment for night work and all such work shall
      be carried out without unreasonable noise and disturbance.

      In such an event the Contractor shall pay the additional attendance costs incurred by the Engineer or
      the Employer in acceding to the Contractors request.

      The Contractor hereby indemnifies the Employer against any liability resulting from
      noise or other disturbance created as a result of carrying out the work at night.

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44. Delays attributable to the Employer

      If, after receipt by the Engineer of a written demand from the Contractor requiring compliance with the terms
      of the Contract, which demand shall specify the terms concerned and a reasonable time for such compliance,
      the Contractor suffers delay or additional Cost from failure or delay on the part of the Employer, his agents,
      employees or other contractors (not being employed by the Contractor) in the due performance of
      any obligations which are necessary in order to enable the Works to proceed in accordance with the Contract,
      the Contractor shall be entitled to make a claim in accordance with Clause 51, for which purpose the
      time limit of 28 days provided in Clause 51(1)(a) shall commence to run only from the time when the said
      performance has actually taken place and may be extended by the Engineer at his discretion.

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45.(1) Time for completion

      Subject to any requirement in the Specifications as to the completion of any portion of the Permanent Works
      before completion of the whole, the whole of the Works shall be completed within the time stated in
      the Appendix calculated from the Commencement Date.

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    (2) Extension of time for completion

      If circumstances of any kind whatsoever which may occur be such as fairly to entitle the Contractor to
      an extension of time for the completion of the Works or any portion thereof, the Engineer shall grant
      the Contractor, on a claim in accordance with Clause 51, such extension of time as is appropriate.
      Such extension of time shall take into account any special non-working days and all relevant circumstances,
      including concurrent delays or savings of time which might apply in respect of such claim;

      Provided that, in respect of such claim, the period of 56 days referred to in Clauses 51(5) and 51(6)
      shall be reduced to 28 days.

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    (3) Some reasons for extensions of time

      Without limiting the generality of Sub-Clause (2), the circumstances referred to in that Sub-Clause include

(a) the amount and nature of additional work,

(b) abnormal climatic conditions,

(c) any failure or delay on the part of the Employer or his agents, employees or other contractors
      (not being employed by the Contractor) in the due performance of any obligations as are reasonably
      necessary to enable the Works to proceed,

(d) any provision of these Conditions which allows for an extension of time,

(e) any delay occasioned by the replacement of a Nominated Subcontractor in terms of Clause 9(7), and

(f) any disruption of labour which is entirely beyond the Contractors control.

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      If an extension of time is granted, the Contractor shall be paid such additional time- zelated Preliminary
      and General allowances as are appropriate having regard to any other compensation which may already
      have been granted in respect of the circumstances concerned.

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46.(1) Penalty for delay

      If the Contractor shall, by the Due Completion Date, fail to complete the Works to the extent which entitles
      him to receive a Certificate of Practical Completion in terms of Clause 54(2), the Contractor shall be liable
      to the Employer for the sum stated in the Appendix as a penalty for every day which shall elapse between the
      Due Completion Date and the actual date of Practical Completion.

      The imposition of such penalty shall not relieve the Contractor from his obligation
      to complete the Works or from any of his obligations and liabilities under the Contract.

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    (2) Reduction of penalty

      If before the issue of the Certificate of Practical Completion of the whole of the Works any part of the
      Works has been

(a) certified by the Engineer as complete in terms of a Certificate of Practical Completion, or

(b) occupied or used by the Employer, his agents, employees or other contractors
      (not being employed by the Contractor), the penalty for delay shall be reduced by an amount which
      is determined by the Engineer to be appropriate in the circumstances.

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