Fidic 1999 and 2017 - Presentation - Clause 11, 12, 13

11.
0 Defects after Taking Over
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
11.4 Failure to Remedy Defects

1999 2017
11.4.(b) 11.4.(b)
require the Engineer to agree The Employer accept the
or determine a reasonable damaged or defective work,
reduction in the Contract
Price under Sub-Clause 3.5 in which case the Employer shall
(Determination) be entitled subject to Sub-Clause
20.2 [Claims For Payment
and/or EOT] to a reduction in
the Contract Price.
The reduction shall be in full

satisfaction of this failure only
and shall be in the amount as
shall be appropriate to cover the
reduced value to the Employer as
a result of this failure;
62
11.7 Right of Access after
Taking Over (More descriptive)
1999
Until the Performance Certificate issued the Contractor
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 incurs additional Cost as a result of unreasonable

delay by the Employer in permitting access, the Contractor shall be
entitled to payment of any such Cost Plus Profit subject to Sub-
Clause 20.2 [Claims For Payment and/or EOT].
63
11.8 Contractor to Search

(More descriptive)
If the Contractor fails to carry out the search, the search may
The Employer shall be entitled to payment by the Contractor

of the costs of the search reasonably incurred by the Employer
Subject to Sub-Clause 20.2 [Claims For Payment and/or
EOT]
64
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
If the Engineer fails to issue the Performance Certificate

within 28 days, the Performance Certificate shall be deemed to
have been issued on the date 28 days after the date on which it
should have been issued.
65
12.0 Measurement and Valuation
66
12.1 Works to be Measured
(New provision)
When Engineer and the Contractor unable to agree the

measurement, the Contractor shall give a Notice to the
Engineer setting out the reasons and the Engineer shall:
agree or determine the measurement the same under

Sub-Clause 3.7 [Agreement or Determination].
Until such time as the measurement is agreed or

determined, the Engineer shall assess a provisional
measurement for the purposes of Interim Payment
Certificates.
67
12.3 Valuation of Works

(New provision)
When Engineer and the Contractor are unable to agree the

measurement/are unable to agree the appropriate rate or price,
then the Contractor shall give a Notice to the Engineer setting out the
reasons and the Engineer shall:
agree or determine the measurement the same under Sub-

Clause 3.7 [Agreement or Determination].
Until such time as the measurement/appropriate rate or

price, is agreed or determined, the Engineer shall assess a
provisional measurement for the purposes of Interim Payment
Certificates.
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
13.3 Variation Procedure
New provision
13.3.1 Variation by Instruction
If the Parties have agreed to the omission of any work

which is to be carried out by others, the
proposal may also include the amount of any loss of profit
and other losses and damages suffered as a result of the
omission.
The Engineer shall then proceed under Sub-Clause 3.7

[Agreement or Determination] to agree or determine:
(i) EOT, if any; and/or
(ii) the adjustment to the Contract Price
71
13.3 Variation Procedure (Cont.)
13.3.2 - Variation by Request for Proposal
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
13.5 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.
Thereafter, the Engineer may instruct the Contractor to accept one

of these quotations,
If the Engineer does not so instruct the Contractor within 7 days of

receiving the quotations, the Contractor shall be entitled to accept
If not correct or agreed with the Daywork statement, the Engineer

shall proceed under Sub-Clause 3.7 [Agreement or Determination]
to agree or determine the resources utilized for the Daywork.
73
13.6 Adjustment for Changes in Legislation
(New provision)
2107
Change in
1999
(a) the Laws of the Country (including the
introduction of new Laws and the repeal - Changing law in country
or modification of existing Laws); (1999) (including the introduction of
new Laws and the repeal or
(b) the judicial or official governmental
interpretation or implementation of the modification of existing Laws)
Laws referred (1999)
(c) any permit, permission, license or approval - Judicial or governmental

obtained by the Employer or the interpretation of such law
Contractor under sub-paragraph (a) or
(b), respectively, of Sub-Clause 1.13
[Compliance with Laws]; or
(d) the requirements for any permit,

permission, licence and/or approval to be
obtained by the Contractor under sub-
paragraph (b) of Sub-Clause 1.13
[Compliance with Laws],
74
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)
If there is a decrease in Cost, the Employer shall be entitled to a

reduction in the Contract Price under Sub-Clause 20.2 [Claims For
Payment and/or EOT].
If any adjustment to the execution of the Works becomes necessary as a

result of any change in Laws:
(i) the Contractor shall promptly give a Notice to the Engineer, or
(ii) the Engineer shall promptly give a Notice to the Contractor
Thereafter, the Engineer shall instruct a Variation.

75
13.7 Adjustment for Changes in
Cost (New provision)
If Schedule(s) of are not included in the Contract, this
Sub-Clause shall not apply.
Until such time as each current cost index is available, the Engineer shall
use a provisional index for the issue of Interim Payment Certificates.
When a current cost index is available, the adjustment shall be recalculated

accordingly.
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
(b) the current index or price
whichever is more favourable to the Employer. 76

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11.

0 Defects after Taking Over

11.4 Failure to Remedy Defects

The reduction shall be in full

If the Contractor incurs additional Cost as a result of unreasonable

11.8 Contractor to Search

The Employer shall be entitled to payment by the Contractor

If the Engineer fails to issue the Performance Certificate

When Engineer and the Contractor unable to agree the

agree or determine the measurement the same under

Until such time as the measurement is agreed or

12.3 Valuation of Works

When Engineer and the Contractor are unable to agree the

agree or determine the measurement the same under Sub-

Until such time as the measurement/appropriate rate or

If the Parties have agreed to the omission of any work

The Engineer shall then proceed under Sub-Clause 3.7

13.3.2 - Variation by Request for Proposal

Thereafter, the Engineer may instruct the Contractor to accept one

If the Engineer does not so instruct the Contractor within 7 days of

If not correct or agreed with the Daywork statement, the Engineer

(c) any permit, permission, license or approval - Judicial or governmental

(d) the requirements for any permit,

If there is a decrease in Cost, the Employer shall be entitled to a

If any adjustment to the execution of the Works becomes necessary as a

Thereafter, the Engineer shall instruct a Variation.

When a current cost index is available, the adjustment shall be recalculated

(b) the current index or price

whichever is more favourable to the Employer. 76

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