ZGCC4

General information
ZGCC4 – Zim General Condition Contracts 4 th
edition
 The document was recommended for use

in Zim by ZIE, Federation of Civil Eng

Contractors and ZACE
 The significant change which is in the 4 th
edition is the inclusion of clause 70A-
variation of Price(alternative clause)
which has been done to bring Zim in line
with other countries in dealing with the
 The document recommends that Bills of
Quantities be supplied in duplicate to the
contractor when inviting for tenders
 Only one copy of the bill should be

returned by the tender

 The contractor will purchase the other

tender documents
 Clause 1: Definition and Interpretation

 Definition of words and expressions as

they are used in the contract
 Marginal headings or notes in the
conditions are not deemed to be part of
or be taken into consideration in
interpreting or construction of the
contract
 Clause 2: Engineer’s
representatives
The clause outlines the duties and powers of
the Engineer’s representatives
• Watch and supervise the works
• Test and examine any materials to be used
• Examine workmanship employed in
connection with the works
 He can not relief the contractor of his
duties, or obligation under the contract
 He is not allowed to order any works which

requires extra payment or which cause

delays
 Clause Ctnd
 He is not allowed to make variations
 The Engineer can employ any number of

persons to assist the Engineer’s

representatives in performing their duties
The names and functions of such persons
should be notified to the contractor
 The assistance should not have power to

issue instructions to the contractor except

where the instructions are necessary to
enable the contractor to discharge his
 Clause ctnd
 Also where the contractor seeks to
secure acceptance of materials or
workmanship as being in accordance
with the specifications and drawings
 Any instructions given for the said
purposes is as good as it have been given
by the Eng’s Rep
The Eng from time to time may delegate
any powers and authority vested in him
to the Eng rep and should furnish to the
contractor a copy of such written
delegation of powers and authority
Any written instruction or written approval
given by the Eng Rep to the contractor in
terms of delegation shall bind the
contractor and the employer as though
the instructions had been issued by the
 Clause Ctnd
However, if the Eng Rep fails to disapprove
any work or workmanship or materials
not in accordance with the contract.
The power of the Eng is not prejudiced
thereafter to disapprove such works,
materials, workmanship or to order
pulling down of such works, breaking up
or removal
If the contractor is dissatisfied by any
decision or actions of the Eng Rep or his
assistance he is entitled to refer the
matter to the Eng
Clause 3: Assignment
Neither the contractor nor the Employer
should assign any part or any benefit or
interest without the written consent of
the other
The contractor not allowed to sublet the
 Clause 4: Sub-letting
 Contractor not allowed to sublet any
work without the written consent of the
Eng
 Even if the contractor is given such
consent it can not relief him from his
liability or obligations under the contract
 The contractor remains liable for the

negligence and defaults of the

subcontractors or anyone under him
Clause 5: Extent of contract
 The obligations of the contractor include
 Construction and provision of labour,

materials, plant etc that will enable him

to construct and complete the works
 Clause 6: Contracts
documents
 All the documents forming the contract
are taken to be mutually explanatory(to
be complementary)
 Any ambiguity and discrepancy is
explained and adjusted by the Eng
 If such adjustment will result in an
expense to the contractor, which he was
not anticipating
 The additional sums shall be certified and

paid by the employer

 A duplicate copy of the contract to be
furnished to the contractor by the
employer or engineer after signing of the
Agreement and deed of suretyship (if
any)
and the contactor is entitled to receive a
duplicate of any order in writing
 Clause 7 Custody of
drawings
 The drawings will remain in custody of the
Engineer
 3 copies of drawings to be furnished to
the contractor free of charge
 Contractor allowed to make as many

copies of drawings as he want at his own

cost
 At the end of contract the contractor
required to return all the drawings
provided under the contract
 The contractor is required to give
reasonable notice in writing to the Eng if
he requires any drawings and
specifications for the execution of the
works
 One copy of the drawings furnished to the

contractor should be kept on site for the

purpose of inspections by the Eng, Eng
Rep or other persons authorised by the
Eng
 Clause 8: Further drawings and instruct

 The Eng have full power and authority to

supply the contractor during the progress
of works further drawings and instructions
necessary for the execution and
maintenance of the works
If the contract requires the contractor to
design and detail any works
 The contractor should seek approval from

the Eng of such drawings and details

 He is required to get written approval
 The contractor is held liable for any
discrepancies, errors or omissions in
drawings and information supplied by him
whether they have been approved by the
Eng or not
 Provided such discrepancies, errors or

omissions are not due to inaccurate

drawings or information furnished to the
contractor by the Eng
LABOUR

34.(1) Rates of wages & hours& conditions of

labour
Contractor is required to comply with all
statutory requirements relating to wages and
conditions of employment which are applicable
in the area in which work is being carried out
(2)Accommodation & care of employees
Contractor required to provide sanitary and
first aid services and portable water where
necessary
Also required to provide and maintain
(3) Health and safety
The contractor required to provide healthy
and safety facilities for the workers and to
comply with health and safety codes which
are issued by Zimbabwe occupational
safety council @ the time of tender
The contractor if required shall enable the
Eng to be satisfied that he is complying
with the provisions of the clause
(35) Returns of labour
Contractor to deliver to the Eng at
required intervals all returns on labour
showing in detail number of several
classes of labour employed by the
contractor on site
Also all the information pertaining to plant
etc as the Eng may require
Materials and workmanship
36) Quality of materials workmanship and
tests
All materials to be in accordance with the
contract and to be in accordance with the
Eng instructions
Materials are subject to test from time to
time as the Eng may instruct
Contractor to facilitate and assist with
instruments, machines, labour etc as may
be required for examining, measuring and
Contractor to supply samples of materials
before incorporation in the works for
testing as per Eng requirements
All samples of materials which are
provided for in the Bills and
specifications are supplied by the
contractor @ his own cost
If not @ the cost of the employer
 Cost of tests
The cost of making any test shall be borne
by the contractor if their provisions is in
the bills or Spec as the contractor will
allow for the same in the tender
 Costs of tests which are not allowed for

Any test which is ordered and not provided

for in the BOQ or Spec or is not
particularised
OR
Though intended and provided for is ordered
by the Eng to be carried out by an
independent person @ any other place
than the site or place of manufacture
The cost of such is borne by the contractor,
if the workmanship and materials is not in
accordance with the provisions of the
contract or Eng’s instructions
If all is in order then such cost is borne by
the employer
37)Access to site
The contractor is required to facilitate access
to the site and other places where work is
being prep, or materials is being
manufactured
such facilities to be given to the Eng or any
other person authorised by him
38(1)Examination of work before covering up
All works need to be approved by the Eng
before covering up or put out of view
The contractor to allow the Eng to examine
and measure the works before they are
covered up
The Eng to check all foundations before
permanent work is placed thereon
The contractor is required to give notice to
the Eng whenever such work or
foundations is or are ready for
examination
The Eng is expected to attend without delay
unless the Eng considers it unnecessary and
advice the contractor accordingly
(2)Uncovering and making openings
The contractor is required to uncover and
make good any part of the works or make
openings as may be directed by the Eng
If any part of the works covered up or put out
of view are found to be in accordance with
the contract, then such costs are borne by
the employer
If the works are not in accordance with the
contract then the costs are born by the
contractor
39)Removal of improper work and
materials
The Eng has power during progress of work
to order removal of materials which are
not in accordance with the contract
He also has the power to make
substitutions of proper and suitable
(2)Default of contractor in compliance
If the contractor defaulted in complying
with such orders
The employer is entitled to employ and pay
other persons to carry out the same
All the expenses shall be borne by the
contractor and shall be recoverable from
the contractor from monies which are due
or to become due
(40)Suspension of works
The contractor shall on written order suspend
progress of works or any part of the works
as the Eng may consider necessary
The contractor required to protect and secure
the works during such suspension
Any extra cost incurred as a result of giving
effect to the Eng’s instruction under this
clause are paid in accordance with clause
52(daywks) and 62(int cert)
Exceptions are given where suspension
a) provided for in the contract
b) necessary by reasons of weather
conditions or by default on the part of the
contractor
c) necessary for proper execution of the
works or for the safety of the works or any
part thereof
Such necessity should be the default of the
Eng or the employer or any of the expected
risk defined in clause 20 (war, civil war etc)
The Eng is required to include any delay
occasioned by suspension into account in
determining extent of time to which the
contractor is entitled under clause 44
Extension of time not granted if suspension
is provided for in the contract
Or if suspension was necessitated by
reason of some default on part of the
contractor
 Suspension lasting more than 3 months
If progress of work or any part of the works
is suspended on written order of the Eng
for 3 month without any written order to
resume such works
The contractor may serve a written notice
to the Eng requiring permission within 28
days from receipt of such notice to
proceed with the works or part of the
works which are suspended
If the contractor is not granted permission
within the 28 days
The contractor can write another notice
(but not bound to) to treat the
suspension as omission of such part
under clause 51
Where it affects the whole works the
contractor may consider it as an
abandonment of contract by the
employer