WORK TO BE TO SATISFACTION OF ENGINEER
13. (1) Save in so far as it is legally or physically impossible1 the Contractor shall construct complete and maintain the Works in strict accordance with the Contract to the satisfaction of the Engineer2 and shall comply with and adhere strictly to the Engineer’s instructions and directions on any matter connected therewith (whether mentioned in the Contract or not).3,4 The Contractor shall take instructions and directions only from the Engineer or (subject to the limitations referred to in Clause 2) from the Engineer’s Representative.
MODE AND MANNER OF CONSTRUCTION
(2) The whole of the materials plant and labour to be provided by the Contractor under Clause 8 and the mode manner and speed of construction and maintenance of the Works are to be of a kind and conducted in a manner approved of by the Engineer.5
DELAY AND EXTRA COST
(3) If in pursuance of Clause 5 or sub-clause (1) of this Clause the Engineer shall issue instructions or directions which involve the Contractor in delay or disrupt his arrangements or methods of construction so as to cause him to incur cost beyond that reasonably to have been foreseen by an experienced contractor6 at the time of tender7,8 then the Engineer shall take such delay into account in determining any extension of time to which the Contractor is entitled under Clause 44 and the Contractor shall subject to Clause 52 (4) be paid in accordance with Clause 609 the amount of such cost as may be reasonable.10
If such instructions or directions require any variation to any part of the Works the same shall be deemed to have been given pursuant to Clause 51.
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