Claims Entitled To Contractor According To Fidic Red Book 2017

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Claims entitled to contractor according to Fidic Red Book 2017

# # Clause/sub Name of Clause Wording # page


1 1.9 Delayed Drawings If the Contractor suffers delay and/or incurs Cost as a result of a failure 11
or Instructions of the Engineer to issue the notified drawing or instruction within a time
which is reasonable and is specified in the Notice with supporting details, the
Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment
and/or EOT] to EOT and/or payment of such Cost Plus Profit.
2 1.13/d Compliance with Laws If, having complied with sub-paragraph (c) above, the Contractor suffers 13
delay and/or incurs Cost as a result of the Employer’s delay or failure to
obtain any permit, permission, licence or approval under sub-paragraph (a)
above, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims
For Payment and/or EOT] to EOT and/or payment of such Cost Plus Profit.
3 2.1 Right of Access to the Site If the Contractor suffers delay and/or incurs Cost as a result of a failure by 14
the Employer to give any such right or possession within such time, the
Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment
and/or EOT] to EOT and/or payment of such Cost Plus Profit.
4 4.6 Co-operation If the Contractor suffers delay and/or incurs Cost as a result of an instruction 28
under this Sub-Clause, to the extent (if any) that co-operation, allowance
of opportunities and coordination was Unforeseeable having regard to
that stated in the Specification, the Contractor shall be entitled subject to
Sub-Clause 20.2 [Claims For Payment and/or EOT] to EOT and/or payment
of such Cost Plus Profit.
5 4.7.3/c Setting Out if the Contractor suffers delay and/or incurs Cost as a result of the 29
error, the Contractor shall be entitled subject to Sub-Clause 20.2
[Claims For Payment and/or EOT] to EOT and/or payment of such
Cost Plus Profit.
6 4.12.4 Unforeseeable Physical If and to the extent that the Contractor suffers delay and/or incurs Cost due 33
Conditions to these physical conditions, having complied with Sub-Clauses 4.12.1 to
4.12.3 above, the Contractor shall be entitled subject to Sub-Clause 20.2
[Claims For Payment and/or EOT] to EOT and/or payment of such Cost.
7 4.15 Access Route To the extent that non-suitability or non-availability of an access route arises 34
as a result of changes to that access route by the Employer or a third party
after the Base Date and as a result the Contractor suffers delay and/or incurs
Cost, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims
For Payment and/or EOT] to EOT and/or payment of such Cost.
8 4.23 Archaeological and If the Contractor suffers delay and/or incurs Cost from complying with the 37
Geological Findings Engineer’s instructions, the Contractor shall be entitled subject to Sub-Clause
20.2 [Claims For Payment and/or EOT] to EOT and/or payment of such
Cost.
9 7.4 Testing by the Contractor If the Contractor suffers delay and/or incurs Cost 44
from complying with any such instruction or as a result of a delay for which
the Employer is responsible, the Contractor shall be entitled subject to
Sub-Clause 20.2 [Claims For Payment and/or EOT] to EOT and/or payment
of Cost Plus Profit.
10 7.6 Remedial Work any act by the Employer or the Employer’s Personnel. If the 45
Contractor suffers delay and/or incurs Cost in carrying out such work,
the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims
For Payment and/or EOT] to EOT and/or payment of such Cost Plus
Profit; or
11 8.5 Extension of Time The Contractor shall be entitled subject to Sub-Clause 20.2 [Claims 48
for Completion For Payment and/or EOT] to Extension of Time if and to the extent that
completion for the purposes of Sub-Clause 10.1 [Taking Over the Works and
Sections] is or will be delayed by any of the following causes:
12 8.5 Extension of Time The Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment 48
for Completion and/or EOT] to EOT if the measured quantity of any item of work in accordance
with Clause 12 [Measurement and Valuation] is greater than the estimated
quantity of this item in the Bill of Quantities or other Schedule by more than ten
per cent (10%) and such increase in quantities causes a delay to completion
for the purposes of Sub-Clause 10.1
13 8.1 Consequences of If the Contractor suffers delay and/or incurs Cost from complying with an 50
Employer’s Suspension Engineer’s instruction under Sub-Clause 8.9 [Employer’s Suspension] and/
or from resuming the work under Sub-Clause 8.13 [Resumption of Work],
the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For
Payment and/or EOT] to EOT and/or payment of such Cost Plus Profit.
14 10.2 Taking Over Parts If the Contractor incurs Cost as a result of the Employer taking over and/ 55
or using a Part, the Contractor shall be entitled subject to Sub-Clause 20.2
[Claims For Payment and/or EOT] to payment of such Cost Plus Profit.
15 10.3 Interference with If the Contractor suffers delay and/or incurs Cost as a result of being 56
Tests on Completion prevented from carrying out the Tests on Completion, the Contractor shall
be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to
EOT and/or payment of such Cost Plus Profit.
16 11.7 Right of Access If the Contractor incurs additional Cost as a result of any unreasonable delay 59
after Taking Over by the Employer in permitting access to the Works by the Contractor, the
Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment
and/or EOT] to payment of any such Cost Plus Profit.
17 11.8 Contractor to Search Unless the defect is to be remedied at the cost of the Contractor under 60
Sub-Clause 11.2 [Cost of Remedying Defects], the Contractor shall be
entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to
payment of the Cost Plus Profit of the search.
18 13.3 Variation Procedure If the Engineer does not give consent to the proposal, with or without 66
comments, and if the Contractor has incurred Cost as a result of submitting
it, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For
Payment and/or EOT] to payment of such Cost.
19 13.6 Adjustments for If the Contractor suffers delay and/or incurs an increase in Cost as a result of 68
Changes in Laws any change in Laws, the Contractor shall be entitled subject to Sub-Clause
20.2 [Claims For Payment and/or EOT] to EOT and/or payment of such
Cost.
20 16.1 Suspension by Contractor If the Contractor suffers delay and/or incurs Cost as a result of suspending 85
work (or reducing the rate of work) in accordance with this Sub-Clause, the
Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment
and/or EOT] to EOT and/or payment of such Cost Plus Profit.
21 16.2 Termination by Contractor If the Contractor suffers delay and/or incurs Cost during the above period of 86
14 days, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims
For Payment and/or EOT] to EOT and/or payment of such Cost Plus Profit.
22 16.3 Contractor’s Obligations If the Contractor incurs Cost as a result of 86
After Termination carrying out such instructed work the Contractor shall be entitled
subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to be
paid such Cost Plus Profit;
23 17.2 Liability for and the Contractor suffers a delay and/or incurs Cost from rectifying the loss 88
Care of the Works and/or damage, the Contractor shall subject to Sub-Clause 20.2 [Claims for
Payment and/or EOT] be entitled to a proportion of EOT and/or Cost Plus
Profit to the extent that any of the above events have contributed to such
delays and/or Cost.
24 18.4 Consequences of If the Contractor is the affected Party and suffers delay and/or incurs Cost 91
an Exceptional Event by reason of the Exceptional Event of which he/she gave a Notice under
Sub-Clause 18.2 [Notice of an Exceptional Event], the Contractor shall be
entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to:

Engineer /PM
Employer
External

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