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11. Clause 45 in Section V – Payments and Recovery in Ex.C3 Main Contract between the TWAD Board and the petitioner dated 15.09.2003 reads as under:-

“45. Release of Performance Security & Retention Amount. :-
45.1 In addition to the withheld amount, 40% of the amount of each bill of the contract shall be https://www.mhc.tn.gov.in/judis deducted and will be retained till the date of receipt of certificate of water tightness from the Executive Engineer, TWAD Board. The whole of the above sum of together with any recovery from the payments already made to the contractor as may be assessed by the Executive Engineer shall be forfeited to the TWAD Board if the liquid retaining develop structural defects or leaks. The above recovery shall be exclusive of the amount deposited towards security deposit. The fact of carrying out water tightness test should be recorded in the M.Book. The last part bill should be passed only after above certificate is issued.

However, the contractor shall be permitted to execute an indemnity bond in lieu of the recovery of 40% in each bill in prescribed form in non judicial stamp paper for a value of Rs.100.00 towards water tightness and structural stability of the liquid retaining structure. The period of guarantee required by the contract shall be two years from the date of completion and commissioning (with filling of liquid upto maximum level in the case of liquid retaining structure). If defects are noticed within the stipulated period of 24 months of satisfactory performance, the defects should be rectified by the contractor at his own cost and the performance period again shall be reckoned from the date of completion of the rectification of defects by the contractor. In the case of liquid retaining structures during this period, structure under full working head of liquid should show no sign of leakage. The test for water tightness should be arranged to be carried out and https://www.mhc.tn.gov.in/judis completed within 30 days from the date of intimation by the Engineer in charge. The testing of the liquid retaining structures should be done by the contractor at his own cost inclusive of all necessary equipment, water etc., complete. The test for water tightness of the structure as well as materials of construction used shall be conducted in conformity with the standard specifications as per 3370 (Part-I) – 1965 as amended from time to time and the other specifications as mentioned in the Bid Document.