Fidic Letters by Consultant
Fidic Letters by Consultant
Fidic Letters by Consultant
2‐ Engineer’s Authority to Delegate
3‐ Notice of Dissatisfaction with an instruction
4‐ Consent to Sub‐let
5‐ Clarification of Ambiguity
6‐ Notice of delay in the issue of information
7‐ Notice of not Foreseeable Physical Obstructions or Conditions
8‐ Notice of Not Foreseeable Physical Obstruction or Conditions
9‐ Program to be submitted
10‐ Setting out
11‐ Fossils
12‐ Notification of damage arising from the transport of materials or plant
13‐ Facilities for other contractors
14‐ Returns of labors and Contractor’s Equipment
15‐ Cost of Tests not provided for
16‐ Dates for Inspection and Testing
17‐ Independent Inspection
18‐ Uncovering and making openings
19‐ Default of Contractor in compliance
20‐ Engineer’s Determination following suspension
21‐ Commencement of Works
22‐ Failure to give Possession
23‐ Extension of time for completion
24‐ Rate of Progress
25‐ Rate of Progress
26‐ Taking‐Over Certificate
27‐Taking‐Over Certificate
28‐ Substantial Completion of Parts
29‐ Cost of Remedying Defects
30‐ Contractor’s failure to Carry out Instructions
31‐ Contractor to Search
32‐ Variations
33‐ Payment of Claims
34‐ Works to be measured
35‐ Definition of “provisional Sum”
36‐ Certification of Payments to Nominated Subcontractor
37‐ Final Payment Certificate
38‐ Defects Liability Certificate
39‐ Default of Contractor
40‐ Valuation at date of termination
41‐ Payment after Termination
42‐ Urgent Remedial Work
43‐ Damage to works by special risks
44‐ Increased Costs arising from Special Risks
45‐ Outbreak of War
46‐ Payment for Terminated Contract
1- Engineer’s Authority to Delegate
To
Dear Sir
Further to your appointment as my representative for the works, I hereby delegate to you
pursuant to Clause 2.3 of the Conditions the duties and authorities vested in me under the
following clauses: ………………………….
This delegation shall take effect once a copy has been delivered to the Employer and the
contractor.
Yours faithfully
……………………………………
Engineer
The clause to be delegated might be some or all of the fifty clause where the Engineer is
referred to. Delegation should not normally be considered in respect of clause
41,44,48,62,63,65,67, and 69.
2‐ Engineer’s Authority to Delegate
Date………………..
To
The Engineer’s Representative
(Copy to Employer and Contractor)
Dear Sir
Engineer’s Authority to Delegate
With reference to my letter dated ………… I hereby revoke the delegation to you of the duties and
authorities made pursuant to clause 2.3 of the conditions in respect of the following clauses
………………….
This revocation shall become effective when copies of this letter have been delivered to the Employer
and to the Contractor.
Yours faithfully
……………………………………
Engineer
The clause to be revoked may be some or all of the clauses previously delegated.
3- Notice of Dissatisfaction with an instruction
Date………………..
To
The Contractor
Dear Sir
Notice of Dissatisfaction with an instruction issued by the Engineer’s Representative
We write to acknowledge receipt of your letter dated ……………………… concerning an instruction No
………………. Given by my Representative and concerning ………………
Whilst your expression of dissatisfaction has been noted I confirm the instruction as issued and give this
response pursuant to Clause 2.3(b) of the conditions.
Yours faithfully
……………………………………
Engineer
The engineer’s response may also be to withdraw the instruction or to vary it by issuing further
instructions.
4‐ Consent to Sub‐let Date………………..
To
The Contractor
Dear Sir
Consent to Sub‐let
Further to your letter dated ……………… seeking permission to subcontract certain elements of the work
we are writing to give our consent pursuant to Clause 4.1 of the Conditions for the following items of
works to be subcontracted.
Item of work Company
………………… ……………
Yours faithfully
……………………………………
Engineer
Regardless of the above consents the Contractor will be fully responsible for any defaults of the
Subcontractor as if they were caused by the contractor himself and it would be prudent for the
Engineer to draw attention to this fact.
5‐ Clarification of Ambiguity
Date………………..
To
The Contractor
Dear Sir
Clarification of Ambiguity
We thank you for your letter dated …………… drawing our attention to the difference between the
description in the Bill of Quantities item ……….. and specification item ………… page number ……………..
This is agreed and pursuant to Clause 5.2 of the Conditions we hereby instruct you to ……….
Yours faithfully
……………………………………
Engineer
The Engineer may of course not accept that there is any ambiguity and will then write to give a
clarification if necessary and to instruct the Contractor to proceed with the works as specified.
6‐ Notice of delay in the issue of information
Date………………..
To
The Contractor
Dear Sir
Notice of delay in the issue of information
We thank you for your letter dated …………… and issued pursuant to Clause 6.3 of the conditions in
which you have claimed that non receipt of information is causing you delay and additional cost to the
works.
We have examined your program for the works which illustrates that the information referred to is not
yet required and your actual progress on site is not such as to reasonably require such information to
be available.
Under these circumstances we are unable to accept that your notice is a valid one.
Yours faithfully
……………………………………
Engineer
Should the contractor’s notice be regarded as valid the Engineer is required to confirm this and
determine the extension of time which should be granted and the amount of extra cost if any which
should be added to the Contract Price.
7‐ Notice of not Foreseeable Physical Obstructions or Conditions
Date………………..
To
The Contractor
Dear Sir
Notice of not Foreseeable Physical Obstructions or Conditions
We acknowledge receipt of your letter dated ………….. giving notice pursuant to clause 12.2 of the
Conditions of the encountering of physical obstructions in the form of …………..which in your opinion
were not foreseeable by an experienced Contractor.
We have carefully examined the information which was made available to you at the tender stage
namely ……………..and have to advice you that we consider the matter to be one which was wholly
foreseeable pursuant to Clause 12 of the conditions and have therefore to reject your notice and claim
for an extension of time and additional cost.
Yours faithfully
……………………………………
Engineer
8‐ Notice of Not Foreseeable Physical Obstruction or Conditions
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Notice of Not Foreseeable Physical Obstruction or Conditions
I acknowledge receipt of your letter dated …………. Giving notice pursuant to Clause 12.2 of the
conditions of the encountering of physical obstructions in the form of ………..which in your opinion were
not foreseeable by an experienced contractor.
I have examined the facts put forward by you and after my consultations with you and the Employer I
have determined pursuant to Clause 12.2 that the extension of time to which you are entitled under
Clause 44 shall be ………… and the amount of the costs to be added to the contract price shall be
……………..
Yours faithfully
……………………………………
Engineer
9‐ Program to be submitted
Date………………..
To
The Contractor
Dear Sir
Program to be submitted
We are writing to draw you attention to the requirement pursuant to Clause 14.1 of the Conditions to
submit within the time stated in part II of the conditions a program for the works together with a
method statement setting out a general description of the arrangements and methods which you are
proposing for the execution of the works.
The form and method of program presentation required is that set out in the tender documentation
but should you require any further clarification please do not hesitate to contact me.
Yours faithfully
……………………………………
Engineer
10‐ Setting out
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Setting out
We refer to your letter dated …………… in which you advice us of an error in setting out and construction
as a result of incorrect data on our drawing No ………..
We therefore require you to rectify this error and pursuant to Clause 17.11 have determined that the
amount of ………… shall be added to the Contract price in accordance with Clause 52 of the Conditions.
Yours faithfully
……………………………………
Engineer
The Contractor is required to rectify any error, if required to do so by the Engineer, at his own cost
unless the error is based on incorrect information or data supplied in writing by the Engineer.
11‐ Fossils
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Fossils
Thank you for your letter dated …………….. advising of the discovery on site of …………
Following my consultation with you and the Employer, I have determined pursuant to Clause 27.1 that
the extension of time to which you shall be entitled under Clause 44 of the conditions will be
……………………. And the amount of the costs to be added to the Contract Price will be ………………
Yours faithfully
……………………………………
Engineer
12‐ Notification of damage arising from the transport of materials or plant
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Notification of damage arising from the transport of materials or plant
Thank you for your letter dated …………….. enclosing details of a claim received from the roads (or
bridges) Authority.
As provided for in Clause 30.3 it is my opinion that the claim received from the Authority is due to your
failure to comply with the obligations under Clause 30.1
Following my discussions with you and the Employer I have determined that the sum recoverable from
you as a result of your failure will be …………. And the amount will be deducted by the Employer from
sums which may become due to you.
Yours faithfully
……………………………………
Engineer
13‐ Facilities for other contractors
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Facilities for other contractors
We acknowledge receipt of your letter dated ………… confirming that the following facilities ………….
Have been made available to ……………….
Following an examination of the detailed records that you have provided I have determined that
pursuant to Clause 31.2 the amount of …………….. should be added to the Contract price in accordance
with Clause 52.
Yours faithfully
……………………………………
Engineer
14‐ Returns of labors and Contractor’s Equipment
Date………………..
To
The Contractor
Dear Sir
Returns of labor and Contractor’s Equipment
As previously advised, I require you to provide weekly returns of staff, labor and plant employed on the
Works and in the format discussed with you.
These returns are to cover the whole of your own resources and also those of approved subcontractors
and are requested pursuant to Clause 35.1 of the Conditions.
Yours faithfully
……………………………………
Engineer
15‐ Cost of Tests not provided for
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Cost of Tests not provided for
I refer to your letter dated ………….. confirming that testing has been carried out in accordance with my
instruction No …………….
As these tests were not provided for in the Contract I have, after examination of records and
consultations with you and the Employer determined pursuant to Clause 44 will be ……. And the
amount of the costs which shall be added to the Contract price will be ……………..
Yours faithfully
……………………………………
Engineer
16‐ Dates for Inspection and Testing
Date………………..
To
The Contractor
Dear Sir
Dates for Inspection and Testing
Following our agreement on the time and place for the inspection and/or testing of the ………….. I am
now writing pursuant to Clause 37.3 to give you the required notice (not less than 24 hrs) of my
intention to carry out the inspection/or attend the tests.
Yours faithfully
……………………………………
Engineer
17‐ Independent Inspection
Date………………..
To
The Contractor
Dear Sir
Independent Inspection
I am unable to provide the specialized equipment for the inspection and testing of ………….
I am therefore in accordance with Clause 37.5 writing to give you notice that I have delegated this
responsibility to ………… an independent inspector whose duties and scope of authority will be.
This appointment will become effective on the …………………………
Yours faithfully
……………………………………
Engineer
Not less than 14 days notice is to be given
18‐ Uncovering and making openings
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Uncovering and making openings.
I refer to my instruction to you to uncover …………….. (Or make an opening through) pursuant to Clause
38.2 of the Conditions.
As the work has been found to have been executed in accordance with the Contract I have after due
consultation with you and the Employer determined that ……………..representing your costs in respect of
such uncovering (or making openings) reinstating and making good the same shall be added to the
contract price.
Yours faithfully
……………………………………
Engineer
19‐ Default of Contractor in compliance
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Default of Contractor in compliance
I refer to my instruction ……………… and adted ……………………
We have agreed that the materials referred to were not in accordance with the Contract and that you
are in default by not removing these within the time specified.
I have therefore after consultationn with you and the Employer determined pursuant to Clause 39.2
that the costs which the Employer shall be entitled to recover from you and which may be deducted by
the employer from any monies due or to become due to you shall be …………..
Yours faithfully
……………………………………
Engineer
20‐ Engineer’s Determination following suspension
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Engineer’s Determination following suspension
Further to my instruction …………….. to you and your subsequent letter giving notice of delay and extra
cost arising from my instruction I have after due consultation with you and the Employer determined
pursuant to Clause 40.2 of the Conditions that the extension of time to which you shall be entitled
under Clause 44 will be …………. And that the amount of cost which shall be added to the Contract Price
by reason of this suspension shall be …………….
Yours faithfully
……………………………………
Engineer
21‐ Commencement of Works
Date………………..
To
The Contractor
Dear Sir
Commencement of Works
In accordance with Clause 41.1 of the Conditions I hereby give you notice to commence the works as
soon, as is reasonably possible.
You are required to proceed with the works with due expedition and without delay.
For the purposes of the Contract the Commencement Date will be the receipt by you of this notice.
Kindly acknowledge receipt.
Yours faithfully
……………………………………
Engineer
22‐ Failure to give Possession
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Failure to give Possession
Thank you for your letter dated …………… advising that you have suffered delay and incurred costs from
the failure on the part of the Employer to give possession of Site Area ………………
This has arisen due to factors beyond the Employer’s control and the matter has now been resolved.
Following my consultations with you and the Employer I have determined pursuant to Clause 42.2 that
the extension of time to which you are entitled under Clause 44 shall be ………….. And that the amount
of cost to be added to the Contract Price is ………………………………
Yours faithfully
……………………………………
Engineer
23‐ Extension of time for completion
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Extension of time for completion
I refer to your letter dated ………………. And issued pursuant to Clause 44.2 (a) of the Conditions advising
of the following event ……………….. which was such as to fairly entitle you to an extension of time for
completion of the works.
After my consultation with you and the employer, I have determined pursuant to Clause 44.1 that the
extension of time to which you shall be entitled will be ………….. in respect of the following event
……………………
Yours faithfully
……………………………………
Engineer
A similar letter pursuant to Clause 44.3 of the conditions would be issued in respect of an
interim/final determination for an extension of time.
24‐ Rate of Progress
Date………………..
To
The Contractor
Dear Sir
Rate of Progress
Reference is made to Site Meeting Minutes No ……….. Which sets out in detail current progress of the
works.
Having considered these I give you notice that for reasons, which do not entitle you to an extension of
time, the rate of progress of the works (or any Section) is in my opinion too slow to comply with the
time for completion.
You are therefore required to take such steps as are necessary, subject to my consent to expedite
progress so as to comply with the time for completion.
This notice is given as required by Clause 46.1 of the conditions and it should be noted that you shall
not be entitled to any additional payment for taking such steps.
Yours faithfully
……………………………………
Engineer
25‐ Rate of Progress
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Rate of Progress
Further to my letter to you dated …………….. Requiring you to take such steps as are necessary to
expedite progress I must advice you that the measures consented to will involve additional supervision
costs.
Following my consultation with you and the Employer regarding these I have determined pursuant to
Clause 46.1 that the additional supervision costs which shall be recoverable from you by the Employer
and may be deducted by the Employer from monies due or to become due to you amount to
………………………..
Yours faithfully
……………………………………
Engineer
26‐ Taking‐Over Certificate
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Taking‐Over Certificate
We refer to your letter dated ……………….. and issued pursuant to Clause 48.1 of the conditions advising
that the whole of the works have been substantially completed and have satisfactory passed the tests
on completion specified in the Contract.
We are in agreement with the above and hereby certify that in our opinion the works were
substantially completed in accordance with the contract on ……………………
Yours faithfully
……………………………………
Engineer
The engineer may issue instructions in writing to the contractor specifying all the work which, in the
Engineer’s opinion, id required to be done by the contractor before the issue of such certificate.
The engineer shall also notify the contractor of any defects in the works affecting substantial
completion that may appear after such instructions and before completion of the works specified
therein.
27‐ Taking‐Over Certificate
Date………………..
To
The Contractor
Dear Sir
Taking‐Over Certificate
We write pursuant to Clause 48.1 of the conditions to give you notice that the following items of defect
have appeared in the works:
Item 1 ………………………………..
Item 2 ………………………………..
These have appeared since instructions were issued to you specifying all the work which in our opinion
was required to be done before the issue of a Taking‐Over Certificate.
These defects will affect substantial completion.
Yours faithfully
……………………………………
Engineer
28‐ Substantial Completion of Parts
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Substantial Completion of Parts
Further to your letter dated …………….. we are now able to certify pursuant to Clause 48.3 of the
conditions that the following parts of the works:
1. ………………………………….
2. ………………………………….
3. ………………………………….
Have been substantially completed and have satisfactory passed any tests on completion prescribed by
the contract on …………………..
By the issue of this certificate you are now deemed to have undertaken to complete with due
expedition any outstanding work in the parts of the permanent works listed above during the defects
liability period.
Yours faithfully
……………………………………
Engineer
29‐ Cost of Remedying Defects
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Cost of Remedying Defects
It has been agreed that the following items of work ……………………. Carried out after the expiration of
the defects liability period are attributable to fair wear and tear.
Accordingly we have pursuant to Clause 49.3 of the conditions determined that ……………. Should be
added to the contract price in accordance with Clause 52.
Yours faithfully
……………………………………
Engineer
30‐ Contractor’s failure to Carry out Instructions
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Contractor’s failure to Carry out Instructions
Following your failure to carry out our instructions to remedy defects, we have after consultation with
you and the Employer, determined pursuant to Clause 49.4 of the Conditions that the costs which the
Employer shall be entitled to recover from you and which may be deducted by the Employer from any
monies that are or will become due to you are ……………………………..
Yours faithfully
……………………………………
Engineer
31‐ Contractor to Search
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Contractor to Search
We refer to the issue of an Instruction No …………………..
It is now apparent that the defect in question is one for which you are not liable under the contract.
We have therefore after consultation with you and the Employer determined pursuant to Clause 50.1
of the Conditions that the amount in respect of the costs of the search carried out by you to be added
to the contract price is ………………………
Yours faithfully
……………………………………
Engineer
32‐ Variations
Date………………..
To
The Contractor
Dear Sir
Variations
You are hereby instructed to carry out the works listed in the attached variation Order which is issued
pursuant to Clause 51.1 of the Conditions.
The effect, if any, of these variations shall be valued in accordance with Clause 52.
Yours faithfully
……………………………………
Engineer
Clause 52.1, 52.2 and 52.3 require that the Engineer gives notice to the Contractor that after consultation with both the Contractor and the
Employer suitable rates or prices have been agreed and in the event of non agreement the Engineer will determine the rates or price or such
sums are to be added to the Contract Price.
These notices will be copied to the Employer.
33‐ Payment of Claims
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Payment of Claims
Having received from you detailed particulars of the amounts claimed and the grounds upon which
your claim is based we have pursuant to Clause 53.5 of the Conditions determined that the amount in
respect of your Claim No. …………… to which you are entitled to have included in interim payment
Certificate No…………. will be ………………….
Yours faithfully
……………………………………
Engineer
34‐ Works to be measured
Date………………..
To
The Contractor’s Authorized Agent
Dear Sir
Works to be measured
In accordance with Clause 56.1 of the Conditions we give notice of our requirement for the following
parts of the work to be measured:
………………………………………
you are required to attend forthwith or send a qualified representative to assist in making such
measurements and to supply the following particulars …………………………………
Yours faithfully
……………………………………
Engineer
Should the contractor or his representative fail to attend, then the measurement taken shall be
regarded as the correct measurement of the work.
Where for the purpose of measurement the Engineer has prepared records and drawings as the work
proceeds he is required to give notice to the Contractor pursuant to Clause 56.1 to attend and agree
these.
35‐ Definition of “provisional Sum”
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Definition of “provisional Sum”
In accordance with Clause 58.1 of the conditions we have determined that the amounts to which you
are entitled in respect of the work, supply or contingencies to which the following provisional sums
relate are as follows:
Provision Sum Ref …………………………….
Work involved: ……………………………..
Amount determined: …………………………….
Yours faithfully
……………………………………
Engineer
36‐ Certification of Payments to Nominated Subcontractor
Date………………..
To
(Copy to Contract and Employer)
Dear Sir
Certification of Payments to Nominated Subcontractor
We certify that pursuant to Clause 59.5 of the Conditions the contract has failed to provide reasonable
proof that payment, less retention, included in previous certificates due to ……………………….. a
nominated subcontractor has been paid or discharged, and has failed to satisfy us in writing that he has
reasonable cause for withholding or refusing to make such payments or to produce to us reasonable
proof that he has so informed the above named nominated Subcontractor in writing.
Accordingly the Employer shall be entitled to pay to the above named subcontractor directly the sum of
………………. which the contractor has failed to pay, and to deduct the amount stated from any sums due
or to become due from the Employer to the Contractor.
Yours faithfully
……………………………………
Engineer
The Conditions do not indicate to whom this notice should be addressed.
37‐ Final Payment Certificate
Date………………..
To
The Employer
(Copy to Contractor)
Dear Sir
Final Payment Certificate
In accordance with Clause 60.8 of the Conditions we hereby certify that the amount finally due under
the Contract is as follows:
Final value of the works ………………………………….
Less amount previously paid by Employer ………………………………….
___________________________
…………………………………..
Less sums to which the employer is entitled
Under the contract (excluding liquidated
Damages under Clause 47) …………………………………….
_____________________________
Balance due from the Employer to the Contractor
(Or from the Contractor to the Employer)
Yours faithfully
……………………………………
Engineer
38‐ Defects Liability Certificate
Date………………..
To
The Employer
(Copy to Contractor)
Dear Sir
Defects Liability Certificate
We have pleasure in certifying pursuant to Clause 62.1 of the Conditions that the date on which the
Contractor has completed his obligations to execute and complete the works and remedy any defects
therein to our satisfaction was ……………………….
Yours faithfully
……………………………………
Engineer
39‐ Default of Contractor
Date………………..
To
The Employer
(Copy to Contractor)
Dear Sir
Default of Contractor
We hereby certify in accordance with Clause 63.1 of the Conditions that in our opinion the Contractor
has
(a) Repudiated his contract
Or list other defaults under Clause 63.1 (b) – (e).
Yours faithfully
……………………………………
Engineer
The Employer shall then be required pursuant to Clause 63.1 to give notice to the contractor that he
will after fourteen days enter upon the site and the works and terminate the Contractor’s
employment.
40‐ Valuation at date of termination
Date………………..
To
(Copy to Employer and Contractor)
Dear Sir
Valuation at date of termination
We hereby certify in accordance with Clause 63.3 of the Conditions that at the time of the Employer’s
entry upon the site and termination of your employment the amount which had been reasonably
earned by you or which reasonably accrue to you in respect of work than actually done by you under
the contract was ……………………. And that the value of any unused or partially used materials, any
contractor’s Equipment and Temporary works is …………………….
Yours faithfully
……………………………………
Engineer
The Conditions do not indicate to whom this certificate should be addressed.
41‐ Payment after Termination
Date………………..
To
(Copy to Employer and Contractor)
Dear Sir
Payment after Termination
We hereby certify in accordance with Clause 63.3 of the Conditions that the Employer’s costs of
execution, completion and remedying of any defects, damages for delay in completion and all other
expenses have amounted to ………………………………..
We hereby certify that the sum due to the Contractor upon the due completion of the contract
amounts to ……………………… after the deduction of the Employer’s costs stated above.
Yours faithfully
……………………………………
Engineer
The Conditions do not indicate to whom this certificate should be issued.
Should there be a balance of monies due to the Employer then this is payable on demand.
The Employer shall not be liable to pay the Contractor any further monies until the expiration of the defects liability period when this
certificate should be issued.
42‐ Urgent Remedial Work
Date………………..
To
Copy to Contractor
Dear Sir
Urgent Remedial Work
We write to give you notice pursuant to Clause 64.1 of the Conditions that an event of emergency has
occurred in connection with the works and in the nature of ……………
This will in our opinion necessitate urgent remedial action by you for the safety of the works.
Yours faithfully
……………………………………
Engineer
Should the contractor be unable or unwilling at once to do such work the Employer shall be entitled to employ others.
If such work was, in the opinion of the Engineer, work for which the Contractor was liable then the Engineer shall after due consultation with
the Employer and the Contractor determine the amount which shall be recoverable from the Contractor.
43‐ Damage to works by special risks
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Damage to works by special risks
We refer to your letter dated ………………….. giving notice of damage caused by a special risk as defined
in clause 20.4 of the conditions namely …………………….
Now that the damage to the works has been rectified we have pursuant to Clause 65.3 of the
Conditions determined that …………………….. Should be added to the contract price in accordance with
Clause 52
Yours faithfully
……………………………………
Engineer
44‐ Increased Costs arising from Special Risks
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Increased Costs arising from Special Risks
We refer to your letter dated ………………… giving notice pursuant to Clause 65.6 of the Conditions that
you have and are continuing to incur increased costs as a consequence of the occurrence of a special
risk namely …………………………
After our consultation with you and the Employer, we have determined pursuant to Clause 65.5 that
the amount of your costs which shall be added to the contract price will be …………………………
Yours faithfully
……………………………………
Engineer
45‐ Outbreak of War
Date………………..
To
The Contractor
Dear Sir
Outbreak of War
I am writing to give notice pursuant to Clause 65.5 that due to the outbreak of war which has materially
affected the execution of the works I am with immediate effect terminating your contract.
Yours faithfully
……………………………………
Employer
46‐ Payment for Terminated Contract
Date………………..
To
The Contractor
(Copy to Employer)
Dear Sir
Payment for Terminated Contract
Further to the notice of termination issued by the Employer we have pursuant to Clause 65.8 of the
Conditions determined that you shall be entitled to payment by the Employer for all work executed
prior to the date of termination and in additional for all items as applicable set out in sub paragraphs (a)
– (f) of this Clause insofar as such amounts or items have not already been covered by payments on
account to you.
The provisions of the Clause shall apply and once we have all the appropriate information we shall after
due consultation with you and the Employer determine any sums which are payable.
Yours faithfully
……………………………………
Engineer