Climate Contract Playbook Edition 3
186
EPC Obligation 3.1
Add new clause: “For the purpose of assessing whether practical completion of the Section or the Works has been achieved, the [Employer/Employer’s Agent/Architect/Contract Administrator] shall not issue any certificate to that effect until such time as the EPC Obligation for such Section or the Works as the case may be has been met or alternatively specific agreement has been reached between the Employer and the Contractor for the urgent achievement of the EPC Obligation during the course of the Rectification Period (which may include the Employer requiring the Contractor to undertake remedial works (such remedial works to include, but not limited to, retrofitting as necessary) to achieve the EPC Obligation or (if not possible) improve the energy performance of the Works, provided that the total aggregate costs (excluding VAT) of such remedial works (which shall be borne by the Contractor) do not exceed [10]% of the Contract Sum.” Add to the end of clauses 2.32 and 2.36, before the full stop: “, provided that the [Employer/Employer’s Agent/Architect/Contract Administrator] shall not be required to issue any Certificate of Making Good earlier than the expiry of the Rectification Period and/or prior to the EPC Obligation for such Section or the Works as the case may be having been met.” Add a new clause after clause 2.36: “Snagging list and defects, shrinkages or other faults remaining at practical completion Clauses 2.35 and 2.36 shall apply, all other things being equal, to: 3.3.1 any items identified on any snagging list issued by the Architect/Contract Administrator at or around practical completion or attached to a Practical Completion Certificate or Section Completion Certificate;
3.2
3.3
3.3.2 3.3.3
any defects, shrinkages or other faults in the Works at practical completion; and any incomplete work, forming part of the Works, remaining at practical completion including but not limited to any work required for the purpose of achieving the EPC Obligation.”
Annex A Environmental Requirements Objectives: • To use sustainable materials and avoid the use of environmentally harmful materials; • To re-use and recycle materials on site; • To employ a site waste management plan which includes zero-to-landfill and a process to minimise waste as far as possible; • To adopt environmentally friendly working methods, including minimising energy use through plant and site services;
• To protect and enhance existing ecological features on site; • To minimise air (dust and fumes) and noise pollution; • To minimise water use and guard against water pollution; • To utilise local suppliers; and • To promote green travel to and from the site.
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