Engineer’s Duties and Authority 2.1 (b) The Engineer shall obtain specific approval of the Employer before taking any of the following actions specified in Part I: Consenting to the sub-letting of any part of the Works under clause 4. Certifying additional cost determined under Clause 12 (iii) Determining an extension of time under Clause 44 Issuing a variation under Clause 51 except in an emergency situation as reasonably determined by the Engineer. Fixing rates or prices under clause 52 4 Assignment and Subcontracting 4.1 Delete the second and sentence and substitute: No single subcontract may be for more than 10 percent of the Contract Price nor shall the sum of all subcontracts exceed 25 percent of the Contract price. No one subcontractor may be awarded subcontracts to a total value greater than 10 percent of the Contract Price. All subcontracts greater than 2 percent of the Contract Price are to have the prior consent of the Engineer. The Contractor shall however, not required such consent for purchases of materials or to place contracts for minor details or for any part of the Works of which the manufacturer of supplier is named in the Contract. Any such consent shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen. 5 Contract Documents 5.1 (a) The language governing this Contract shall be English. The Language” which shall be used to interpret this Contract shall be “Ruling English. Communication between the Contractor and Engineer or Engineer’s representative shall be in English. (b) The law applicable to this Contract shall be the laws of the Republic of Kenya. Except to the extent otherwise provided by the Contract, the Kenyan courts shall have exclusive jurisdiction to hear and to determine all actions and proceedings in connection
Engineer’s Duties and Authority 2.1 (b) The Engineer shall obtain specific approval of the Employer before taking any of the following actions specified in Part I: Consenting to the sub-letting of any part of the Works under clause 4. Certifying additional cost determined under Clause 12 (iii) Determining an extension of time under Clause 44 Issuing a variation under Clause 51 except in an emergency situation as reasonably determined by the Engineer. Fixing rates or prices under clause 52 4 Assignment and Subcontracting 4.1 Delete the second and sentence and substitute: No single subcontract may be for more than 10 percent of the Contract Price nor shall the sum of all subcontracts exceed 25 percent of the Contract price. No one subcontractor may be awarded subcontracts to a total value greater than 10 percent of the Contract Price. All subcontracts greater than 2 percent of the Contract Price are to have the prior consent of the Engineer. The Contractor shall however, not required such consent for purchases of materials or to place contracts for minor details or for any part of the Works of which the manufacturer of supplier is named in the Contract. Any such consent shall not relieve the Contractor from any liability or obligation under the Contract and he shall be responsible for the acts, defaults and neglects of any subcontractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or workmen. 5 Contract Documents 5.1 (a) The language governing this Contract shall be English. The “Ruling Language” which shall be used to interpret this Contract shall be English. Communication between the Contractor and Engineer or Engineer’s representative shall be in English. (b) The law applicable to this Contract shall be the laws of the Republic of Kenya. Except to the extent otherwise provided by the Contract, the Kenyan courts shall have exclusive jurisdiction to hear and to determine all actions and proceedings in connection
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