Fidic 1999 and 2017 - Presentation - Clause 11, 12, 13
Fidic 1999 and 2017 - Presentation - Clause 11, 12, 13
Fidic 1999 and 2017 - Presentation - Clause 11, 12, 13
60
11.0 Defects after Taking Over
11.2 Cost of Remedying Defects
New provisions
If the Contractor considers that the work is attributable to
any other cause,
i. the Contractor shall promptly give a Notice to the
Engineer
ii. the Engineer shall proceed under Sub-Clause 3.7
[Agreement or Determination] to agree or determine the
cause,
iii. If it is agreed or determined that the work is attributable
to a cause others it is considered as Variation to be
been instructed by the Engineer.
61
11.0 Defects after Taking Over
2017
Until the date 28 days after issue of the Performance Certificate, the
Contractor shall have the right of access to the
If the Contractor fails to carry out the search, the search may
64
11.0 Defects after Taking Over
11.9 Performance Certificate
(New provisions)
The Engineer shall issue the Performance Certificate to the
Contractor (with a copy to the Employer and to the DAAB)
within 28 days after the latest of the expiry dates of the
Defects Notification Periods
65
12.0 Measurement and Valuation
66
12.0 Measurement and Valuation
12.1 Works to be Measured
(New provision)
68
13.0 Variation and Adjustments
69
13.0 Variation and Adjustment
13.1 Right to Vary
1999
The Contractor shall execute the Variation unless he cannot readily obtain the Goods.
2017
The Contractor shall be bound by each Variation instructed and shall execute the
Variation unless the Contractor promptly gives a Notice stating that:
(a) the varied work was Unforeseeable with regard to the scope and
nature of the original Works;
(b) the Contractor cannot readily obtain the Goods required for the
Variation (1999); or
(c) it with
Health and Safety Obligations and/or Protection of the
Environment.
.
70
13.0 Variation and Adjustment
13.3 Variation Procedure
New provision
13.3.1 Variation by Instruction
71
13.0 Variation and Adjustment
13.3 Variation Procedure (Cont.)
If the Engineer does not give consent to the proposal, and the
Contractor has incurred Cost as a result of submitting a
proposal, the Contractor shall be entitled to payment of such
Cost subject to Sub-Clause 20.2 [Claims For Payment and/or
EOT].
72
13.0 Variation and Adjustment
13.5 Daywork
(New provision)
Before ordering Goods for such work (other than any Goods priced
in the Daywork Schedule), the Contractor shall submit one or more
quotations to the Engineer.
74
13.0 Variation and Adjustment
13.6 Adjustment for Changes in
Legislation (New provision)
If the Contractor suffers delay and/or incurs Cost as a result of any change
in Laws, the Contractor shall be entitled EOT and/or payment of such Cost
under to Sub-Clause 20.2 [Claims For Payment and/or EOT] (1999)
Until such time as each current cost index is available, the Engineer shall
use a provisional index for the issue of Interim Payment Certificates.
If the Contractor fails to complete the Works within the Time for
Completion, adjustment of prices thereafter shall be made using either:
(a) each index or price applicable on the date 49 days before the
expiry of the Time for Completion of the Works; or