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1️⃣ Purpose of Clause 6.5 [Working Hours]
Clause 6.5 aims to regulate when the Contractor may carry out work on the Site. It provides boundaries to prevent disruptions during locally recognized rest times and ensures that any deviation is either pre-approved or based on emergencies.
✅ Key Purpose:
- Control over work schedules.
- Maintain social and legal norms around working times.
- Provide flexibility for urgent or exceptional work needs.
📌 Implication for Stakeholders:
- Employer/Engineer: Can plan supervision resources accordingly.
- Contractor: Must seek permission for overtime, unless safety or property is at risk.
- Third parties (e.g., local authorities or community): Protected from unapproved disturbances.
2️⃣ Breakdown of Clause 6.5
🔹 1999 Edition Text Summary:
No work shall be carried out on the Site on locally recognised days of rest, or outside the normal working hours stated in the Appendix to Tender, unless:
- Otherwise stated in the Contract,
- The Engineer consents, or
- The work is unavoidable or necessary for the protection of life, property, or the Works’ safety – in which case, the Contractor shall immediately advise the Engineer.
🔹 2017 Edition Text Summary:
Similar structure, but more refined:
- Refers to Contract Data instead of Appendix to Tender.
- Explicitly requires the Contractor to give a Notice to the Engineer immediately, including reasons and a description of the urgent work.
📌 Key Wording Differences:
- “Advise the Engineer” (1999) → “Give a Notice… with reasons and describing the work” (2017).
- More emphasis in 2017 on formal Notice and content of the explanation.
3️⃣ Key Interpretations and Implications
🚨 Restrictions:
- Default restriction on non-standard working times unless allowed or unavoidable.
📌 Flexibility Provided:
- Allows emergency or critical work with post-event reporting.
✅ Practical Control:
- Helps the Employer and Engineer manage staffing and oversight.
- Supports community and labor law compliance.
🛠️ Enhanced Compliance in 2017:
- Clearer emphasis on formal Notice helps in tracking and auditing.
4️⃣ Cross-Referencing with Other Clauses
Understanding Clause 6.5 [Working Hours] in isolation is helpful, but the magic really happens when you look at how it interacts with the rest of the contract. Here’s how a few other clauses tie in and why they matter 👇
🔗 Clause 4.8 [Health and Safety]
This one’s a biggie. If the Contractor needs to work outside regular hours due to safety concerns — like stabilizing a trench or repairing hazardous scaffolding — the justification must align with Clause 4.8. It’s not just about protecting the timeline, it’s about protecting lives.
📌 Connection: If you’re invoking “necessary for the protection of life or property” as a reason to work overtime, the rationale better hold up under health and safety obligations.
🔗 Clause 1.4 [Law and Language]
Let’s not forget local context. This clause reminds us that terms like “normal working hours” and “rest days” can mean different things depending on the jurisdiction.
🕒 For example, in a Gulf country, the weekend might be Friday-Saturday, while in the West it’s Saturday-Sunday. So, what counts as a “day of rest”? Look to Clause 1.4 to figure out how local labor laws influence the interpretation of Clause 6.5.
🔗 Clause 8.3 [Programme]
Now here’s where the scheduling nerds will get excited! 📅 If the Contractor plans regular out-of-hours work — not emergencies — then the programme must reflect this. And guess what? The Engineer will likely ask questions if it doesn’t.
📌 Practical Tip: Working overtime consistently without updating the programme could lead to a clash with the Engineer and possible non-approval of such hours.
🔗 Clause 8.4/8.5 [Extension of Time for Completion]
Here’s a cheeky angle — what if the Contractor can’t work during normal hours due to unforeseen restrictions (like a sudden curfew)? If this restriction causes delay, it might entitle them to claim an Extension of Time under Clause 8.5.
🧠 But beware: The Contractor must still notify and substantiate the claim, per Sub-Clause 20.2 in the 2017 Edition.
🔗 Clause 3.5 [Determinations]
Sometimes, the Engineer needs to determine whether that 2 a.m. concrete pour really was necessary. That’s where this clause comes in. If there’s a dispute about whether an unscheduled work period qualifies under Clause 6.5, the Engineer may step in to make a call.
💬 This determination might impact payment, delay claims, or even trigger a dispute — so documenting the reasons is crucial.
🔗 Clause 20/21 [Claims & Disputes]
Let’s say the Contractor works overtime due to denied access or urgent repairs, and later wants to claim time or cost. These situations quickly move into the territory of Claims (Clause 20) and potentially Disputes (Clause 21) if not resolved amicably.
⚠️ The procedural correctness — like giving Notice and backing up with evidence — ties directly back to how Clause 6.5 was managed.
🎯 In Short:
Clause 6.5 is like the tip of the iceberg — what seems like a simple “when can we work?” question actually touches legal, safety, programming, and even dispute-resolution dimensions. So, always ask:
Are we covered, compliant, and coordinated with the rest of the contract?
🕑 Clause 6.5 – Working Hours Quiz
5️⃣ What If Scenarios?
🔍 Scenario A: Contractor works on a Sunday without prior notice but claims it was for safety.
- ✅ 1999: Must justify the necessity and inform the Engineer as soon as possible.
- ✅ 2017: Must send a formal Notice with explanation immediately.
🔍 Scenario B: Engineer refuses extended hours for schedule acceleration.
- ✔️ Valid. Clause doesn’t grant unilateral rights for extended hours unless urgent.
6️⃣ Suggestions for Clarity and Improvement
While Clause 6.5 [Working Hours] is relatively concise, it leaves room for interpretation — and that’s where problems can creep in. Here’s how the clause could be enhanced or clarified to prevent disputes, improve compliance, and support practical contract administration.
📌 1. Define “Normal Working Hours” Clearly
In both the 1999 and 2017 editions, normal working hours are stated to be defined in the Appendix to Tender or Contract Data. But too often, these are left vague or even blank!
🔍 Why it’s an issue: If not defined, you may face disputes over what constitutes “normal” vs. “overtime.”
✅ Suggestion: Include a specific range such as:
“Normal working hours shall be from 7:00 AM to 5:00 PM, Sunday to Thursday, excluding public holidays.”
📘 Real-World Example: On a project in the Middle East, the Contractor assumed Friday was a workday. However, the Employer considered it a rest day. The ambiguity led to delays, withheld payment, and an eventual claim. That could’ve been avoided with a few lines in the Contract Data.
📌 2. Include Examples of Acceptable Emergency Work
The clause allows exceptions for work that is “unavoidable or necessary for the protection of life or property.” That’s a wide gate — what exactly qualifies?
🚨 Suggestion: Provide a list of examples in the Particular Conditions or tender clarifications, such as:
- Immediate repair of a burst pipe that risks flooding.
- Urgent shore-up of collapsing formwork.
- Night-time concrete pour due to extreme daytime heat (common in tropical climates).
This reduces the scope for subjective interpretation and future disputes.
📌 3. Clarify Process for Obtaining Consent
Both editions say the Engineer’s consent is needed to work outside normal hours — but what’s the process? Is it verbal? Written? How soon should they reply?
🛠️ Practical Add-on: State something like:
“Requests for out-of-hours work shall be submitted to the Engineer at least 48 hours in advance, with details of location, duration, justification, and safety measures. Engineer shall respond within 24 hours of receipt.”
📘 Example Use Case: On a city-center project with strict noise curfews, the Contractor submitted a last-minute request for night work due to delayed material delivery. The Engineer ignored it, and local police shut down the work. With clearer timelines, both parties would’ve been better positioned.
📌 4. Use “Advance Notice” and “Post-Event Notice” Terminology
The 2017 Edition improves things slightly by requiring the Contractor to give Notice for emergency works — but it could go further.
✅ Enhancement:
- Advance Notice: For planned out-of-hours work.
- Post-Event Notice: For unplanned/emergency situations, submitted within 12 hours of starting the work.
This categorization brings clarity, structure, and documentation that’s useful during claims or audits.
📌 5. Link the Clause to Local Labor Laws
In practice, working hour restrictions often come from labor laws or environmental regulations (e.g., noise, lighting, safety).
🔍 Risk: If the clause is silent on legal constraints, a Contractor might assume consent from the Engineer is enough — and run afoul of the law.
✅ Suggestion: Add a reminder such as:
“Notwithstanding the Engineer’s consent, the Contractor shall comply with all local labor laws, environmental restrictions, and community guidelines regarding working hours.”
📘 Example: In urban projects, authorities may impose noise bans after 8:00 PM. If the Contractor pours concrete at 9:00 PM with Engineer approval but without legal clearance — guess who’s liable? Yep, the Contractor.
📌 6. Include Escalation Procedure for Denied Requests
Sometimes the Engineer may unreasonably withhold consent. The Contract should offer an escalation route.
🛠️ Example Add-on Clause:
“If the Engineer does not provide consent within the response timeframe, or denies the request without justification, the Contractor may escalate the matter under Clause 3.5 [Determinations].”
This protects the Contractor from silent refusals that could impact the schedule and avoids bottlenecks.
📌 7. Encourage Use of Technology for Compliance
Modern projects often use digital scheduling and shift tracking tools. The contract can encourage these tools to monitor working hours transparently.
✅ Clause Enhancement:
“Contractor shall maintain a digital log of actual working hours, available for review by the Engineer upon request.”
📘 Why it matters: These logs can become evidence during claims related to acceleration, overtime costs, or disputes under Clause 20 [Claims].
Sub-Clause 6.5 – Working Hours (Amended for India)
(a) Unless otherwise stated in the Contract Data or agreed in writing with the Engineer, the normal working hours shall be from 09:00 to 18:00, Monday to Saturday, excluding gazetted holidays and any other public holidays officially declared by the State or Central Government.
(b) Work shall not be carried out outside these hours or on rest days/holidays without the prior written consent of the Engineer, except in emergencies where:
- The work is necessary to protect life, health, or safety;
- Property or the Works may suffer damage if immediate action is not taken; or
- There is a requirement from a statutory authority or emergency service.
(c) In such emergency cases, the Contractor shall:
- Immediately notify the Engineer (within 12 hours) via written Notice, stating:
- Description of the work performed,
- Time and location,
- Reason for urgency,
- Safety or risk mitigation measures undertaken.
- Maintain a log of the activity for inspection.
(d) For planned out-of-hours work, the Contractor shall:
- Submit a written request to the Engineer at least 48 hours in advance, detailing:
- Scope, location, and duration of work,
- Reason for deviation from regular hours,
- Any noise, lighting, or safety control measures.
- The Engineer shall provide a decision within 24 hours. If no response is received within that period, the request shall be considered not approved.
(e) The Contractor shall comply with all applicable:
- Central and State labour laws, including Factories Act, Shops and Establishment Acts, and Contract Labour Regulations;
- Local environmental and municipal guidelines related to night work, lighting, noise, and public safety;
- Requirements from statutory bodies like Pollution Control Boards, Municipal Corporations, or Labour Commissioners.
(f) In cases where the Engineer’s refusal or delayed response to a justified request causes impact to the programme, the Contractor may refer the issue to the Engineer for a determination under Sub-Clause 3.5 [Determinations].
7️⃣ Final Takeaways
🧠 Clause 6.5 [Working Hours] balances operational flexibility with structured control.
📈 The 2017 Edition improves clarity and accountability via a defined Notice process.
💡 Best practice is to define expectations clearly in the Contract Data to avoid disputes and delays.