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AP/asb 07.07.2005 FIDIC Green Book Std. (3) 1

TURKS & CAICOS ISLANDS NATIONAL INSURANCE BOARD

SHORT FORM OF CONTRACT FOR CONSTRUCTION

DATE: 2013

CONTRACTOR:

WORKS: RENOVATION AND REFURBISHMENT OF THE HON. L.

HEADLEY DURHAM BUILDING, GRAND TURK.

CONTRACT No.

TENDER REFERENCE No.:

NATIONAL INSURANCE BOARD

WATERLOO PLAZA, WATERLOO ROAD

GRAND TURK

TURKS AND CAICOS ISLANDS

BRITISH WEST INDIES


CONTENTS

Page

Agreement 3

Offer 3

Acceptance 4

Appendix 5

Particular Conditions 9

Performance Security 14

Advance Payment Guarantee 20

Attestation Clauses of Short Form of Contract for Construction 22

Certificate of Non-Collusion 23


TURKS AND CAICOS ISLANDS NATIONAL INSURANCE BOARD

SHORT FORM OF CONTRACT FOR CONSTRUCTION

AGREEMENT

The Employer is THE TURKS AND CAICOS ISLANDS NATIONAL

INSURANCE BOARD of Waterloo Plaza, Waterloo Road, Grand Turk, Turks and

Caicos Islands, British West Indies.

The Contractor is of , Turks and

Caicos Islands, British West Indies.

The Employer desires the execution of certain Works known as RENOVATION AND

REFURBISHMENT OF THE HON L. HEADLEY DURHAM BUILDING,

GRAND TURK

OFFER

The Contractor has examined the documents listed in the Appendix which forms part of

this Agreement, and offers to execute the Works in conformity with the Contract for the

sum of (US$ ), or such

other sum as may be ascertained under the Contract.

This offer, of which the Contractor has submitted 3 (three) signed originals, may be

accepted by the Employer by signing and returning one original of this document to the

Contractor before 2013.

The Contractor understands that the Employer is not bound to accept the lowest or any

offer received for the Works.

That the Contractor understands and agrees that their name, the Island on which the work

is to be carried out, the project details, the start and completion date of the project and the

contract amount will appear in the Gazette in accordance with the Tendering process for

this project.

The Contractor warrants that it has paid up to date all National Insurance Board

Contributions. The Contractor understands and agrees that failure to pay the

aforementioned will result in the payments for works done being withheld until

proof of payment is supplied to the Director of National Insurance Board or the

outstanding amount being deducted by the Board from any sum due to the

Contractor or can alternatively result in the termination of the Agreement.

Signature: Name: Date: ____________

Authorised to sign on behalf of: Capacity:


ACCEPTANCE

The Employer has, by signing below, accepted the Contractors offer and agrees that in consideration of the execution of the Works by the Contractor, the Employer shall pay

the Contractor in accordance with the Contract. This Agreement comes into effect on the

date when the Contractor receives one original of this document signed by the Employer.

Signature: Date: 2013

Name: Lillian Misick Authorised to sign on behalf of:

Capacity: NIB Chairman THE TURKS AND CAICOS ISLANDS



APPENDIX

This Appendix forms part of the Agreement.

[NOTE: with the exception of the items for which the Employers requirements have been inserted, the Contractor shall complete the following information before submitting

his offer.]

Item Sub-Clause Data

Documents forming

the Contract listed in

the order of priority

(all of which are either

annexed or have been

signed in triplicate for

identification purposes

on behalf of the parties): 1.1.1

Document (delete if not applicable) Document Identification

(a) The Agreement Annexed.

(b) Particular Conditions Annexed.

(c) General Conditions The General Conditions of

the Fdration

Internationale des

Ingnieurs- Conseils

(FIDIC) Short Form of Contract, First Edition 1999

ISBN 2-88432-024-5.

(d) Specifications Schedule 1

(e) The Bill of Quantities Schedule 2

(f) Drawings Schedule 3

Time for Completion 1.1.9 To be agreed

Law of the Contract 1.4 Law of the Country.

Language 1.5 English.


Provision of Site 2.1 On the Commencement

Date.

Authorised person 3.1 Colin Heartwell

Name and address of 3.2 BCQS Limited

Employers representative

Performance security (if any):

Amount 4.4 10% (Ten per cent.) of

the Accepted Contract

Amount, in the currencies

and proportions in which

the Contract Price is

payable.

Form 4.4 Annexed.*

Contractors ultimate parent 4.4 N/A company (if any)

Requirements for Contractors 5.1 Specification Clause design (if any) Nos:

Programme:

Time for submission 7.2 Within 2 (two) days* of

the Commencement Date.

Form of programme 7.2 MS Project

Amount payable due to failure to 7.4 US $500.00 (five hundred

complete the works within the United States dollars) per

specified contract period. day up to a maximum of

10% (ten per cent.)* of

the sum stated in the

Agreement.

Period for notifying defects 9.1 & 11.5 365 (Three Hundred and

Sixty Five) days *

calculated from the date


stated in the notice under

Sub-Clause 8.2.

Variation procedure:

Daywork rates 10.2

Valuation of the Works:

Lump sum Price 11.1

Lump sum price with 11.1

schedules of rates

Lump sum price with bill of

quantitities 11.1

Re-measurement with tender bill

of quantities 11.1 Applicable

Cost reimbursable 11.1

Total advance payment 11.1A 20% (Twenty per cent.)

of the Accepted Contract

Amount.

Advance Payment guarantee 11.1A Required

Number and timing of installments 11.1A 1 (One)

Repayment amortization of 11.1A On a pro-rata basis as the

Advance payment works proceed, with full

repayment being no later

than the date of Notice of

Taking Over

Percentage of value 11.2 Materials: 80%

of Materials and Plant Plant: NA

Percentage of retention 11.3 5% (five Per cent)

Currency of payment 11.7 United States dollars.

Rate of interest 11.8 3% (Three per cent.) per

annum


Insurances: 14.1 To be supplied by

Contractor

(a) evidence of insurance

14.1

7 (Seven) days after

receiving the signed

contract.

(b) relevant policies 14.1 7 (Seven) days after

receiving the signed

contract.

Type of cover* Amount of cover* Exclusions*

The Works, Materials, Plant The sum stated in the

and fees Agreement plus 15%

(fifteen per cent.).

Contractors Equipment N/A.

Third Party injury to persons US $1,000,000.00

and damage to property (One Million United States dollars).

Workers US $1,000,000.00

(One Million United States dollars).

Other cover*

Arbitration:

Rules 15.3 UNCITRAL

Arbitration Rules as in

force on the

Commencement Date.

Appointing authority 15.3 President of FIDIC or his

nominee.

Place of Arbitration 15.3 Grand Turk.

* Employer to amend as appropriate.


PARTICULAR CONDITIONS

Sub Clause 1.1 Definitions

Sub Clause 1.1.4 shall be deleted, and the following substituted:

1.1.4 Employer means the person named in the Agreement and the legal

successors in title to this person, and his permitted assignees.

Sub Clause 1.7 Confidentiality

Add the following Sub Clause 1.7 after Sub Clause 1.6:

The Contractor shall treat the details of the Contract as private and confidential, except

to the extent necessary to carry out obligations under it or to comply with applicable

laws. The Contractor shall not publish, permit to be published, or disclose any particulars

of the Works in any trade or technical paper or elsewhere without the previous agreement

of the Employer.

Sub Clause 2.5 Assignment


The Employer may, without the consent of the Contractor, assign the benefit of the

Contract after either the expiry of the period stated in the Appendix, or the remedying of

notified defects, or the completion of outstanding work, all as referred to in Sub Clause

9.1, whichever is the later, or the termination of the Contract.


Sub Clause 4.4 Performance Security

Sub Clause 4.4 shall be deleted, and the following substituted:

If stated in the Appendix, the Contractor shall deliver to the Employer within 14

(fourteen) days of the Commencement Date a performance security in a form and from a

third party approved by the Employer, and a parent company guarantee from the

Contractors ultimate parent company (if any) identified in the Appendix. In return for a

suitable abatement in price, the Employer may in his sole discretion accept a parent

company guarantee alone. The forms of performance security and parent company

guarantee annexed shall be used, with such modifications as may be necessary properly

to bind the guarantors and benefit the Employer.

Sub Clause 7.4 Late Completion

Sub Clause 7.4 shall be deleted, and the following substituted:

If the Contractor fails to complete the Works within the Time for Completion, the

Contractors only liability to the Employer for such failure shall be to pay the amount

stated in the Appendix for each day for which he fails to complete the Works, but if the

maximum of such amount (if any) stated in the Appendix is reached, the Employer may

by notice terminate the Contract immediately. The Contractor shall then demobilize from

the Site, leaving behind Materials and Plant and any Contractors Equipment which the

Employer instructs in the notice is to be used until the completion of the Works.


Sub Clause 11.1A Advance Payment

Add the following Sub Clause 11.1A after Sub Clause 11.1:

The Employer shall make an advance payment, as an interest-free loan for mobilization.

If the Appendix states that an advance payment guarantee is required, the Employer shall

not be required to make any advance payment until the Contractor submits such a

guarantee in accordance with this Sub-Clause. The total advance payment, the number

and timing of instalments (if more than one), and the applicable currencies and

proportions, shall be as stated in the Appendix.

Unless and until the Employer receives the advance payment guarantee (if required), or if

the total advance payment is not stated in the Appendix, this Sub-Clause shall not apply.

The Employer shall pay the Contractor the first instalment of the advance payment within

21 (twenty-one) days after receiving a statement in respect thereof (which the Contractor

shall be entitled to submit under Sub-Clause 11.2) and after the Employer receives (i) the

performance security and parent company guarantee in accordance with Sub-Clause 4.4

and (ii) a guarantee (if required) in amounts and currencies equal to the advance payment.

This guarantee shall be issued by an entity and from within a country (or other

jurisdiction) approved by the Employer, and shall be in the form annexed, with such

modifications as may be necessary properly to bind the guarantor and benefit the

Employer, or in another form approved by the Employer.

The Contractor shall ensure that the guarantee is valid and enforceable until the advance

payment has been repaid, but its amount may be progressively reduced by the amount

repaid by the Contractor. If the terms of the guarantee specify its expiry date, and the

advance payment has not been repaid by the date 28 (twenty-eight) days prior to the

expiry date, the Contractor shall extend the validity of the guarantee until the advance

payment has been repaid.


The advance payment shall be repaid through percentage deductions from all gross

payments due to the Contractor, at the percentage stated in the Appendix. If the advance

payment has not been repaid prior to the issue by the Employer of a notice under Sub-

Clause 8.2 or prior to termination under Sub-Clause 12.1 and 12.2 or 12.3 or 13.2 (as the

case may be), the whole of the balance then outstanding shall immediately become due

and payable by the Contractor to the Employer.

Payments to the Contractor under Sub-Clauses 11.3, 11.4, 11.5, 11.6 and 11.7 shall be

subject to this Sub Clause.

Sub Clause 11.3 Interim Payments

The second paragraph of Sub-Clause 11.3 shall be deleted, and the following substituted:

The Employer may withhold interim payments until he receives the performance

security and parent company guarantee under Sub-Clause 4.4 (if any).

Sub - Clause 11.9 Taxes and Duties


No Turks and Caicos Islands Government taxes or duties (except Turks and Caicos

Islands Government National Insurance contributions properly payable) are payable on

works undertaken on behalf of the Turks and Caicos Islands Government.


Sub Clause 12.1 Default by Contractor

Add the following new first paragraph to Sub-Clause 12.1:

If the Contractor has given (before or after the award of the Contract), or gives, or offers

to give (directly or indirectly) to any person any bribe, gift, gratuity, commission or other

thing of value, as an inducement or reward:

(i) for doing or forbearing to do any action in relation to the Contract and/or its award, or

(ii) for showing or forbearing to show favour or disfavour to any person in relation to the Contract and/or its award,

or if any of the Contractors employees, agents or subcontractors has given (before or

after the award of the Contract), or gives, or offers to give (directly or indirectly) to any

person any such inducement or reward (however, lawful inducements and rewards to

Contractors employees shall not entitle termination); or has misrepresented facts, or has

used collusive practices, in order to influence the award of the Contract; then the

Employer may by notice terminate the Contract immediately: and shall be entitled (in

addition to any other rights of the Employer under the Contract or otherwise) to recover

from the Contractor the amount or value of any such inducement or reward (if any).

Upon the service of such notice, the Contractor shall demobilise from the Site, leaving

behind Materials and Plant and any Contractors Equipment which the Employer

instructs in the notice is to be used until the completion of the Works.

At the beginning of the second (formerly first) paragraph of Sub-Clause 12.1, the word

If shall be deleted, and the words Further, if substituted:


Sub Clause 12.4 Payment upon Termination

Sub Clause 12.4 (c) shall be deleted, and the following substituted:

(c) if the Employer has terminated under Sub Clause 7.4 or 12.1 or 12.3, the

Employer shall be entitled to a sum equivalent to 20% (twenty per cent.) of the

value of those parts of the Works not executed at the date of the termination,

Sub Clause 15.1 Adjudication

Add at the end of Sub Clause 15.1:

Any Adjudicators Agreement shall provide:

(a) that the Agreement shall be governed by the law of the Turks and Caicos Islands,

and that all disputes which may arise under, out of, or in connection with, or in

relation to, the Agreement shall be submitted to the jurisdiction of the courts of

the Turks and Caicos Islands; and

(b) that the language of the Agreement shall be English.

Sub Clause 15.3 Arbitration

Add at the end of Sub Clause 15.3:

Subject to this Clause 15, all disputes shall be submitted to the jurisdiction of the courts

of the Turks and Caicos Islands.


PERFORMANCE SECURITY

THIS GUARANTEE is made on the day of

Two thousand and

BETWEEN:

(1)

whose registered office is at

(the Guarantor); and

(2) THE TURKS & CAICOS NATIONAL INSURANCE BOARD of Waterloo Road,

Grand Turk, Turks and Caicos Islands, British West Indies

(the Employer, which term shall include its successors and assignees).

WHEREAS by an Agreement (the Contract) dated 20

and made between the Employer of the one part and

(the Contractor) of the other part, the Contractor undertook the execution of certain works

(the Works) in accordance with the terms and conditions of the Contract.

IT IS AGREED as follows:-

1 The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the

Employer the due and punctual performance by the Contractor of all the obligations

on the part of the Contractor under or pursuant to the Contract (the Terms) and (as

a separate stipulation and as primary obligor) agrees that if the Contractor shall in any

respect commit any breach of or fail to fulfil any of the Terms, then the Guarantor

will forthwith perform and fulfil in place of the Contractor each and every Term in

respect of which the Contractor has defaulted or which is unfulfilled by the

Contractor. The Guarantor shall be liable to the Employer for all losses, damages,

expenses, liabilities, claims, costs or proceedings which the Employer may suffer or

incur by reason of the said failure or breach. Provided:


1.1 that the total liability of the Guarantor shall not exceed US$

( United States dollars);

1.2 that upon the taking - over of the Works by the Employer in accordance with

Sub Clause 8.2 of the Contract, the total liability of the Guarantor stated

above shall reduce by 50% (fifty per cent.)*; and

1.3 that any claim hereunder must be received by the Guarantor on or before the

payment by the Employer to the Contractor of the second half of the retention

in accordance with Sub Clause 11.5 of the Contract, when this Agreement

shall expire.*

2 The Guarantor shall be, and continue to be, liable under this Agreement even if the

Contract is or becomes not binding on, or unenforceable against, the Contractor, for

any reason whatever. No alterations in the Contract, or in the Works, and no

extension of time, forbearance or forgiveness, nor any act, matter or thing whatsoever

except an express release by the Employer, shall in any way release or reduce any

liability of the Guarantor hereunder. References to the Contract in this Agreement

shall include all amendments, variations and additions to it, whether made before or

after the date hereof.

3 This guarantee shall remain in full force and effect until performance in full of the

Terms, notwithstanding:

3.1 the insolvency or liquidation of the Contractor, the Guarantor or any other

person;

3.2 any disclaimer of the Contract by a liquidator of the Contractor; and/or any

feature of the Contract, the negotiations prior to the Contractor and the

Employer entering into the Contract, or the performance of the Contract,

making it ineffective or unenforceable.


4 Until the Terms have been unconditionally and irrevocably performed in full the

Guarantor shall not by virtue of any performance or payment made by it or otherwise:

4.1 be subrogated to any rights, security or moneys held or received or receivable

by the Employer; or

4.2 be entitled to exercise any right of contribution from any co-surety in respect

of such performance and liabilities under any other guarantee, security or

agreement; or

4.3 exercise any right of set-off or counterclaim against the Contractor or any

such co-surety; or

4.4 receive, claim or have the benefit of any payment, distribution, security or

indemnity from the Contractor or any such co-surety; or

4.5 unless so directed by the Employer (when the Guarantor will prove, and turn

over any realisations to the Employer, in accordance with such directions)

claim as a creditor of the Contractor or any such co-surety in competition

with the Employer.

5 No delay or omission of the Employer in exercising any right, power or privilege

hereunder shall impair such right, power or privilege or be construed as a waiver of

such right, power or privilege nor shall any single or partial exercise of any such

right, power or privilege preclude any further exercise thereof or the exercise of any

other right, power or privilege. The rights and remedies of the Employer herein

provided are cumulative and not exclusive of any rights or remedies provided by law.

6 A waiver given or consent granted by the Employer under this guarantee will be

effective only if given in writing and then only in the instance and for the purpose for

which it is given.


7.1 If at any time any one or more of the provisions of this guarantee is or becomes

invalid, illegal or unenforceable in any respect under any law, the validity, legality

and enforceability of the remaining provisions hereof shall not be in any way affected

or impaired thereby.

7.2 As a separate and alternative stipulation the Guarantor unconditionally and

irrevocably agrees that any sum expressed to be payable by it or obligation to be

performed by it under this guarantee but which is for any reason (whether or not now

existing and whether or not now known or becoming known to the Guarantor) not

recoverable from or enforceable against the Guarantor on the basis of a guarantee

shall nevertheless be recoverable from or enforceable against the Guarantor as if the

Guarantor were the sole principal debtor or obligor (where relevant).

8.1 Any notice, demand or other communication to be served under this guarantee may

be served upon the Guarantor only by posting or delivering the same or sending the

same by telex or facsimile transmission to the Guarantor at its address, or telex or

facsimile number shown below:

Address:

Telex:

Fax:

or at such other address or number as the Guarantor may from time to time notify in

writing to the Employer.


be served upon the Employer only by posting or delivering the same or sending the

same by telex or facsimile transmission to the Employer at its address, or telex or



Address:

Telex:

Fax:

or at such other address or number as the Employer may from time to time notify in

writing to the Guarantor.

9 A notice or demand served by post shall be deemed duly served on the tenth business

day after the date of posting and a notice or demand sent by telex or facsimile

transmission shall be deemed to have been served at the time of transmission unless

served after 5.00 p.m. in the place of intended receipt in which case it will be deemed

served at 9.00 a.m. on the following business day. For the purposes of this clause

business day means a day on which commercial banks are open for business in

London, England.

10 In proving service of any notice it will be sufficient to prove, in the case of a letter,

that such letter was properly stamped or franked, addressed and placed in the post

and, in the case of telex or facsimile transmission, that such telex or facsimile was

duly transmitted on a business day to a current telex or facsimile number of the

addressee at the address referred to above.

11 The Employer shall be entitled to assign or transfer all or any of the Employers

rights under this guarantee without the consent of the Guarantor.

12 The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and

all disputes which may arise under, out of, or in connection with, or in relation to,

this guarantee shall be submitted to the jurisdiction of the courts of the Turks and

Caicos Islands.


IN WITNESS whereof the Guarantor has caused this guarantee to be executed as a Deed the

day and year first before written in accordance with the law governing the constitution of the

Guarantor.

EXECUTED under Seal for

and on behalf of

in the presence of:

______________________________

DIRECTOR

___________________________ ______________________________

WITNESS DIRECTOR/SECRETARY

* Employer to amend or delete as appropriate.


PARENT COMPANY GUARANTEE

THIS GUARANTEE is made on the day of

Two thousand and

BETWEEN:

(1)

whose registered office is at

(the Guarantor); and

(2) THE TURKS & CAICOS NATIONAL INSURANCE BOARD of Waterloo Road,

Grand Turk, Turks and Caicos Islands, British West Indies

(the Employer, which term shall include its successors and assignees).

WHEREAS by an Agreement (the Contract) dated 20

and made between the Employer of the one part and

(the Contractor) of the other part, the Contractor undertook the execution of certain works

(the Works) in accordance with the terms and conditions of the Contract.

IT IS AGREED as follows:-

1 The Guarantor hereby absolutely irrevocably and unconditionally guarantees to the

Employer the due and punctual performance by the Contractor of all the obligations

on the part of the Contractor under or pursuant to the Contract (the Terms) and (as

a separate stipulation and as primary obligor) agrees that if the Contractor shall in any

respect commit any breach of or fail to fulfil any of the Terms, then the Guarantor

will forthwith perform and fulfil in place of the Contractor each and every Term in

respect of which the Contractor has defaulted or which is unfulfilled by the

Contractor. The Guarantor shall be liable to the Employer for all losses, damages,

expenses, liabilities, claims, costs or proceedings which the Employer may suffer or

incur by reason of the said failure or breach.


2 The Guarantor shall be, and continue to be, liable under this Agreement even if the

Contract is or becomes not binding on, or unenforceable against, the Contractor, for

any reason whatever. No alterations in the Contract, or in the Works, and no


except an express release by the Employer, shall in any way release or reduce any

liability of the Guarantor hereunder. References to the Contract in this Agreement

shall include all amendments, variations and additions to it, whether made before or

after the date hereof.

3 This guarantee shall remain in full force and effect until performance in full of the

Terms, notwithstanding:

3.1 the insolvency or liquidation of the Contractor, the Guarantor or any other

person;

3.2 any disclaimer of the Contract by a liquidator of the Contractor; and/or any

feature of the Contract, the negotiations prior to the Contractor and the

Employer entering into the Contract, or the performance of the Contract,

making it ineffective or unenforceable.

4 Until the Terms have been unconditionally and irrevocably performed in full the

Guarantor shall not by virtue of any performance or payment made by it or otherwise:

4.1 be subrogated to any rights, security or moneys held or received or receivable

by the Employer; or

4.2 be entitled to exercise any right of contribution from any co-surety in respect

of such performance and liabilities under any other guarantee, security or

agreement; or

4.3 exercise any right of set-off or counterclaim against the Contractor or any

such co-surety; or


4.4 receive, claim or have the benefit of any payment, distribution, security or

indemnity from the Contractor or any such co-surety; or

4.5 unless so directed by the Employer (when the Guarantor will prove, and turn

over any realisations to the Employer, in accordance with such directions)

claim as a creditor of the Contractor or any such co-surety in competition

with the Employer.

5 No delay or omission of the Employer in exercising any right, power or privilege

hereunder shall impair such right, power or privilege or be construed as a waiver of

such right, power or privilege nor shall any single or partial exercise of any such

right, power or privilege preclude any further exercise thereof or the exercise of any

other right, power or privilege. The rights and remedies of the Employer herein

provided are cumulative and not exclusive of any rights or remedies provided by law.

6 A waiver given or consent granted by the Employer under this guarantee will be

effective only if given in writing and then only in the instance and for the purpose for

which it is given.

7.1 If at any time any one or more of the provisions of this guarantee is or becomes

invalid, illegal or unenforceable in any respect under any law, the validity, legality

and enforceability of the remaining provisions hereof shall not be in any way affected

or impaired thereby.

7.2 As a separate and alternative stipulation the Guarantor unconditionally and

irrevocably agrees that any sum expressed to be payable by it or obligation to be

performed by it under this guarantee but which is for any reason (whether or not now

existing and whether or not now known or becoming known to the Guarantor) not

recoverable from or enforceable against the Guarantor on the basis of a guarantee

shall nevertheless be recoverable from or enforceable against the Guarantor as if the

Guarantor were the sole principal debtor or obligor (where relevant).



be served upon the Guarantor only by posting or delivering the same or sending the

same by telex or facsimile transmission to the Guarantor at its address, or telex or


Address:

Telex:

Fax:

or at such other address or number as the Guarantor may from time to time notify in

writing to the Employer.


be served upon the Employer only by posting or delivering the same or sending the

same by telex or facsimile transmission to the Employer at its address, or telex or


Address:

Telex:

Fax:

or at such other address or number as the Employer may from time to time notify in

writing to the Guarantor.

9 A notice or demand served by post shall be deemed duly served on the tenth business

day after the date of posting and a notice or demand sent by telex or facsimile

transmission shall be deemed to have been served at the time of transmission unless

served after 5.00 p.m. in the place of intended receipt in which case it will be deemed

served at 9.00 a.m. on the following business day. For the purposes of this clause

business day means a day on which commercial banks are open for business in

London, England.


10 In proving service of any notice it will be sufficient to prove, in the case of a letter,

that such letter was properly stamped or franked, addressed and placed in the post

and, in the case of telex or facsimile transmission, that such telex or facsimile was

duly transmitted on a business day to a current telex or facsimile number of the

addressee at the address referred to above.

11 The Employer shall be entitled to assign or transfer all or any of the Employers

rights under this guarantee without the consent of the Guarantor.

12 The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and

all disputes which may arise under, out of, or in connection with, or in relation to,

this guarantee shall be submitted to the jurisdiction of the courts of the Turks and

Caicos Islands.

IN WITNESS whereof the Guarantor has caused this guarantee to be executed as a Deed the

day and year first before written in accordance with the law governing the constitution of the

Guarantor.

EXECUTED under Seal for

and on behalf of

in the presence of:

_____________________________________

DIRECTOR

__________________________________ _____________________________________



ADVANCE PAYMENT GUARANTEE

To: THE TURKS & CAICOS NATIONAL INSURANCE BOARD of Waterloo

Road, Grand Turk, Turks and Caicos Islands, British West Indies (hereinafter called

the Employer).

Re: Contract No:

(the Contract).

In accordance with the Conditions of Contract (Sub-Clause 11.1A (Advance Payment))

of the Contract, of

(the Contractor) is required to provide the Employer with a guarantee in amounts and

currencies equal to the advance payment, namely:

US$

We, of ,

unconditionally and irrevocably guarantee to pay (as primary obligor and not as surety

merely) to the Employer on his first demand without any right of objection whatsoever on

our part and without any Employers first claim to the Contractor, amounts from time to

time so demanded not exceeding the amount[s] stated above.

We shall be, and continue to be, liable under this guarantee even if the Contract is or

becomes not binding on, or unenforceable against, the Contractor, for any reason

whatever. No alterations in the Contract, or in the Works described therein, and no



except expiry in accordance with its terms or an express release by the Employer, shall in

any way release or reduce our liability under this guarantee. References to the Contract

in this guarantee shall include all amendments, variations and additions to it, whether

made before or after the date hereof. We hereby waive notice of any such amendment,

variation or addition.

The amount of this guarantee shall be progressively reduced by the amount of the

advance payment repaid by the Contractor in accordance with the Contract.

This guarantee (as so progressively reduced) shall remain valid and in full effect until the

Employer receives full repayment of the amount[s] stated above from the Contractor.

The proper law of this guarantee shall be the law of the Turks and Caicos Islands, and all

matters relating hereto shall be determined by the courts of the Turks and Caicos Islands.

IN WITNESS whereof we have caused this guarantee to be executed as a Deed this

day of 20


THE COMMON SEAL of

was hereunto affixed in the presence of:

Director

Secretary


ATTESTATION CLAUSES OF SHORT FORM OF CONTRACT FOR

CONSTRUCTION

EXECUTED under Seal for and on

behalf of THE TURKS & CAICOS


by

_______________________________

LILLIAN MISICK

CHAIRMAN TCI NATIONAL INSURANCE BOARD

in the presence of:

___________________________________

WITNESS

Name_____________________

EXECUTED under Seal for and

on behalf of

___________________________________

DIRECTOR

Name: __________________________

In the presence of:

_____________________________ ____________________________________


Name________________________ Name______________________________

fidic green book standard template.pdf doc

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fidic green book

construction date

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construction agreement

employer desires

completion date

execution of certain