Standard Terms of Delivery

Standard Reservations of Diamond Contractors' Section, March 2001

1.
The tender shall be subject to the "General Conditions for Works and Supplies for Building and Civil Engineering Works " dated 10 December, 1992 (AB 92). Deviations from the conditions set out in the tender documents will only apply when it is clearly and explicitly specified in which respects such deviations are made, and if these areas do not conflict with § 6 of the National Building and Housing Agency Circular on price and time. Any reservations made by the tenderer shall form an integral part of the tender.

2.
It is assumed that necessary service power lines for drainage and electricity, gas, heat, water, etc. are available on the building site, unless the drawings or work program indicate that the establishment of such installations forms part of the contract work.

3.
It is assumed that the employer will provide the security referred to in AB 92, § 7 no later than eight working days after signing the contract.

4.
It is assumed that the contractor and his subcontractors shall be included as beneficiaries on the fire and storm damage insurance policies taken out by the employer cf. AB 92, § 8. This shall also apply to the self-insurance maintained by public employers.

5.
Expenditures related to the implementation of the contractual winter measures other than snow removal are included in the tender.
Snow removal and non-contractual winter measures are paid for separately as additional work.
If the employer refuses to pay for such additional work, the contractor will be entitled to claim extension of time and in connection with work covered by the Executive Order on Winter Measures and all work relating to the construction of buildings, bridges, etc. to claim payment of standstill costs.

If the winter measures are described in a special winter measure schedule stating unit prices and tentative quantities referred to in § 3 of the Executive Order, they will be paid on the basis of the unit prices stated in the schedule and the quantities consumed or according to account rendered.

6.
The tender sum shall be index-linked. If no index is specified in the tender documents, the index (or sub index/trade index) to be applied shall be that published by Danmarks Statistik whose structure best corresponds to the contract work.

If the tender documents call for fixed price tenders, the price shall be adjusted for any part of work carried out more than 12 months from the tender date. For both building and civil engineering, the regulatory is made in accordance with Appendix 1 of the National Building and Housing Agency Circular on price and time dated 10 October, 1991. The index applying to civil engineering works shall be that prevailing on the first day of the relevant month, if so specified in the tender documents.

In addition to the fixed price the contractor is entitled to reimbursement of any increase in expenditure caused by a governmental order and extraordinary price increases cf. National Building and Housing Agency Circular on price and time dated 10 October, 1991, § 8 and §
9. If the tender documents do not require the submission of fixed price tenders, the contract price shall be  adjusted using the index prevailing on the tender day as the base index.

7.
Where the engineering work consists of several building sections, these are assumed to be delivered separately.

8.
If the tender documents require that the contractor provides a warranty for material properties, the contractor will be bound by such requirement to the extent to which it is possible for the contractor to supply the materials specified by the employer with the material properties required, and provided that the supplier grants the same warranty towards the contractor and is capable to satisfying the obligations.

9.
Delay of work due to notification made to the public authorities under the Act on Soil Pollution is not covered by the tender, except where the time frame within such a notification must take place is specifically stated in the time schedule. If the notification causes the authorities to require excavation and soil removal, services rendered to comply with such requirements are not included in the tender, unless the services can unambiguously be inferred from the general regulations applying at the tender date, and there are given adequate information on the pollution in the tender documents for this purpose, or the authorities are identical with those set out in the tender documents.

Professional Reservations

10.
By use of the Diamond Contractors' right to extension cf. AB 92, § 24, compensation and/or damages are covered cf. AB 92, § 27 if engineering work cannot be carried out continuously without delay, obstruction, disruption, or if the work cannot be initiated on the specified time according to tender schedule.

11.
It is assumed that the developer carries out unloading and markup cf. AB 92, § 9, section 2.

12.
Unless otherwise stated in the tender document, casting and masonry work are not included in the tender.

13.
The tenderer is not liable for:
a. Water damage due to shrinkage cracks, etc.
b. Discoloration of building parts, etc. due to drilling/cutting sludge.
c. Cutting of cables, pipe works, outflow of loose insulation, unless the tender documents contain complete information on the conditions in question and the relevant necessary measures.

14.
The tender does not include removal and disposal of bricks.

15.
Unless otherwise stated in the tender documents reservations for additional costs include:
a. Unusually heavy armor, which means 1,5% of the interface - if not specified in the tender documents.
b. Hedging against dust nuisances.
c. Repair of holes, etc. after securing equipment.

AB 92. General Conditions for the provision of works and supplies within building and engineering