1. THE EMPLOYER Right, of access to the site.
Permits, licences or approvals.
Employer's personnel.
Employer's financial arrangements.
Employer's claims.
Rasmia Khader

2. INTRODUCTION Meaning:
The Employer is the person named as employer in the appendix tender and the legal successors in the title to this person.
To easy the study we will divide it in two parts as following:
A- Special works for the contractor have been offered by the employer which including :
Right, of access to the site.
Permits, licences or approvals.
B- Another arrangements have been made it by the employer to serve him self and the tender's performance which including:
Employer's personnel.
Employer's financial arrangements.
Employer's claims.

3. A-1- Right, of access to the site:
A- Special works
A-1- Right, of access to the site:
Meaning:
It means that the employer used to give the contractor the right of access to all the site or part of it within the determined time in the tender.
General condition:
This right may not be exclusive to the contractor only.
The employer is required to allow the contractor to possession any means of access.
The employer have to comply to give the right or any requirement to the contractor in the time and manner that is stated in the specification.
The employer can withhold the right to access to the site until he has been received the performance security.

4. A-1- Right, of access to the site
If there is no determined time in the tender, already the time will be related to the time of performance of tender works accordance with time program which the contractor has been offered.
Notice: The program means (time schedule) which it include the expecting time for every working stage (planning – site works… etc).
In the other hand, if the contractor late in work's performance or have more cost as a result of failure by the employer to give the contractor the right or possession within the time, so the contractor have sent a notice to the engineer to knew that within (contractor claims) by:
An Extension time of performance to face the late.
Payment of any addition cost plus profit fit to the late and that effect on the contract price.
If the cause of late is the contractor as late offering the planning or documents …etc. in this case, the contractor shall not be entitled any thing.

5. A-2- Permits, licences or approvals:
A- Special works
A-2- Permits, licences or approvals:
In this item, the Employer used to provide the contractor with all reasonable assistance such as:
provide him a copy of the country's laws which it have a relevant to the contract.
Any permits, licences or approvals required by the country's laws for the contractor's works, or for the delivery of goods including clearance through customs or for the export of contractor's equipment when it is removed from the site.

6. The employer shall be responsible on his personnel to:
B- Another arrangements
B-1- EMPLOYER'S PERSONNEL:
The employer shall be responsible on his personnel to:
Cooperate with the contractor's efforts in the range of the contract without any variation in the cost requested.
Take safety procedures in the site by comply with safety regulations, take care for all persons entitled the site and keep the site clean of obstructions to avoid danger.

7. B-2- EMPLOYER'S FINANCIAL ARRANGEMENTS:
B- Another arrangements
B-2- EMPLOYER'S FINANCIAL ARRANGEMENTS:
General case:
In this item the employer used to submit his evidence to the contractor within 28 days after receiving any request from the contractor. This evidence tell that the financial arrangements have been made and are being maintained that enable the employer to pay the contract price.
Special case:
In this case, any material change, the employer used to give notice to the contractor with detailed particulars.

8. B-3- EMPLOYER'S CLAIMS: B- Another arrangements
To talk about the employer's claims, it's necessary to divide this item to the following:
What is the claims?
How aware about it?
The answer of it.
Implementation the claims.
By detail these points the employer's claims will be clear.

9. b- How aware about it: a- What is the claims?
B-3- EMPLOYER'S CLAIMS:
b- How aware about it:
the employer must be gave notice to the engineer as soon as to the event's time which cause the claim.
The notice which is for extension of period it must be done before expiry of required work period.
a- What is the claims?
this part will be classified the types of employer's claims to the following:
claims have required because of defect's notification in tender or late in performance of project works.
General claims are required for any project such as {electricity- gas, and water}.
Special claims which needed for some project like rent of employer's equipment, and free issue's material, or other services requested by the contractor.

10. c- The answer of it: d- Implementation of the claims:
B-3- EMPLOYER'S CLAIMS:
d- Implementation of the claims:
c- The answer of it:
Independent on the contract firstly, and the offered notice secondly, the engineer has been understood doing the following:
Determine the amount which the employer is entitled to pay by the contractor.
Determine the period of extension of the defect's notification for the works which they cannot be used for its purposes, but this period must not be more than two years.
All of these determination must be a fair in accordance with contract and take care of all contract parties.
The implementation of the employer's claims may be as following:
Deduction in the contract price.
Deduction amount from the payment certificates before make it.
But its necessary to knew, that the employer cannot make any deduction from amount in a payment's certificate after certified it, also he cannot required about it.