Fidic 1987 4th Edition
Fidic 1987 4th Edition
Fidic 1987 4th Edition
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CONDITIONS OF CONTRACT
FOR WORKS OF CIVIL
ENGINEERING CONSTRUCTION
PART I GENERAL CONDITIONS
WITH FORMS OF TENDER AND AGREEMENT
First published by
Federation Internationale des
Ingenieurs-Conseils (FIOIC)
PO Box 86
CH 1000 Lausanne
12-Chailly
Switzerland
Telex 24698 FIDI CH
The terms of the Fourth Edition of the Conditions of Contract for Works of Civil
Engineering Construction have been prepared by the Federation Internationale
des Ingenieurs Conseils (FIDIC) and are recommended for general use for the
purpose of construction of such works where tenders are invited on an
international basis. The Conditions are equally suitable for use on domestic
contracts.
In the preparation of the Conditions it was recognised that while there are
numerous Clauses which will be generally applicable there are some Clauses
which must necessarily vary to take account of the circumstances and locality of
the Works. The Clauses of general application have been grouped together in this
document and are referred to as Part I - General Conditions. They have been
printed in a form which will facilitate their inclusion as printed in the contract
documents normally prepared.
When dredging and certain types of reclamation work are involved special
consideration must be given to Part II.
It may also be helpful for users to refer to other FIDIC publications, such as:
ii iii
Contractor's Equipment, Temporary Works 65.3 Damage to Works by Special Risks 33
and Materials 65.4 Projectile, Missile 33
54.1 Contractor's Equipment, Temporary Works and Materials; Exclusive 65.5 Increased Costs arising from Special Risks 34
25
Use for the Works 65.6 Outbreak of War 34
54.2 Employer not Liable for Damage 25 65.7 Removal of Contractor's Equipment on Termination 34
54.3 Customs Clearance 25 65.8 Payment if Contract Terminated 34
54.4 Re-export of Contractor's Equipment 25 Release from Performance
54.5 Conditions of Hire of Contractor's Equipment 26 66.1 Payment in Event of Release from Performance 35
54.6 Costs for the Purpose of Clause 63 26
54.7 Incorporation of Clause in Subcontracts 26 Settlement of Disputes
54.8 Approval of Materials not Implied 26 67.1 Engineer's Decision 35
67.2 Amicable Settlement 36
Measurement 67.3 Arbitration 36
55.1 Quantities 26 67.4 Failure to Comply with Engineer's Decision 36
56.1 Works to be Measured 26
57.1 Method of Measurement 27 Notices
57.2 Breakdown of Lump Sum Items 27 68.1 Notice to Contractor 36
68.2 Notice to Employer and Engineer 36
Provisional Sums 68.3 Change of Address 36
58.1 Definition of "Provisional Sum" 27
58.2 Use of Provisional Sums 27 Default of Employer
58.3 Production of Vouchers 27 69.1 Default of Employer 37
69.2 Removal of Contractor's Equipment 37
Nominated Subcontractors 69.3 Payment on Termination 37
59.1 Definition of "Nominated Subcontractors" 27 69.4 Contractor's Entitlement to Suspend Work 37
59.2 Nominated Subcontractors; Objection to Nomination 27 69.5 Resumption of Work 37
59.3 Design Requirements to be Exp~essly Stated 28
59.4 Payments to Nominated Subcontractors 28 Changes in Cost and Legislation
59.5 Certification of Payments to Nominated Subcontractors 28 70.1 Increase or Decrease of Cost 37
70.2 Subsequent Legislation 38
Certificates and Payment
60.1 Monthly Statements 29 Currency and Rates of Exchange
60.2 Monthly Payments 29 71.1 Currency Restrictions 38
60.3 Payment of Retention Money 29 72.1 Rates 0 f Exchange 38
60.4 Correction of Certificates 30 72.2 Currency Proportions 38
60.5 Statement at Completion 30 72.3 Currencies of Payment for Provisional Sums 38
60.6 Final Statement 30
60.7 Discharge 30 REFERENCE TO PART II
60.8 Final Certificate 30 INDEX
60.9 Cessation of Employer's Liability 30
60.10 Time for Payment 31 TENDER
61.1
62.1
Approval only by Defects Liability Certificate
Defects Liability Certificate
31 CONTRACT AGREEMENT
31
62.2 Unfulfilled Obligations 31
Remedies
63.1 Default of Contractor 31
63.2 Valuation at Date of Termination 32
63.3 Payment after Termination 32
63.4 Assignment of Benefit of Agreement 32
64.1 Urgent Remedial Work 33
Special Risks
65.1 No Liability for Special Risks 33
65.2 Special Risks 33
iv v
PART I - GENERAL CONDITIONS
Definitions and Interpretation
Definitions 1.1 In the Contract (as hereinafter defined) the following words and expressions shall
have the meanings hereby assigned to them, except where the context otherwise
requires:
(a) (i) "Employer" means the person named as such in Part II of these Conditions
and the legal successors in title to such person, but not (except with the consent
of the Contractor) any assignee of such person.
(ii) "Contractor" means the person whose tender has been accepted by the
Employer and the legal successors in title to such person, but not (except with
the consent of the Employer) any assignee of such person.
(iii) "Subcontractor" means any person named in the Contract as a
Subcontractor for a part of the Works or any person to whom a part of the
Works has been subcontracted with the consent of the Engineer and the legal
successors in title to such person, but not any assignee of any such person.
(iv) "Engineer" means the person appointed by the Employer to act as
Engineer for the purposes of the Contract and named as such in Part II of
these Conditions.
(v) "Engineer's Representative" means a person appointed from time to time
by the Engineer under Sub-Clause 2.2.
(b) (i) "Contract" means these Conditions (Parts I and II), the Specification, the
Drawings, the Bill of Quantities, the Tender, the Letter of Acceptance, the
Contract Agreement (if completed) and such further documents as may be
expressly incorporated in the Letter of Acceptance or Contract Agreement (if
completed).
(ii) "Specification" means the specification of the Works included in the
Contract and any modification thereof or addition thereto made under Clause
51 or submitted by the Contractor and approved by the Engineer.
(iii) "Drawings" means all drawings, calculations and technical information
of a like nature provided by the Engineer to the Contractor under the Contract
and all drawings, calculations, samples, patterns, models, operation and
maintenance manuals and other technical information of alike nature
submitted by the Contractor and approved by the Engineer.
(iv) "Bill of Quantities" means the priced and completed bill of quantities
forming part of the Tender.
(v) "Tender" means the Contractor's priced offer to the Employer for the
execution and completion of the Works and the remedying of any defects
therein in accordance with the provisions of the Contract, as accepted by the
Letter of Acceptance.
(vi) "Letter of Acceptance" means the formal acceptance by the Employer of
the Tender.
(vii) "Contract Agreement" means the contract agreement (if any) referred to
in Sub-Clause 9.1.
(viii) "Appendix to Tender" means the appendix comprised in the form of
Tender annexed to these Conditions.
(c) (i) "Commencement Date" means the date upon which the Contractor
receives the notice to commence issued by the Engineer pursuant to Clause 41.
© FIDIC 1987
(ii) "Time for Completion" means the time for completing the execution of Notices, 1.5 Wherever in the Contract provision is made for the giving or issue of any notice,
and passing the Tests on Completion of the Works or any Section or part Consents, consent, approval, certificate or determination by any person, unless otherwise
thereof as stated in the Contract (or as extended under Clause 44) calculated Approvals, specified such notice, consent, approval, certificate or determination shall be in
from the Commencement Date. Certificates and writing and the words "notify", "certify" or "determine" shall be construed
Determinations accordingly. Any such consent, approval, certificate or determination shall not
(d)(i) "Tests on Completion" means the tests specified in the Contract or unreasonably be withheld or delayed.
otherwise agreed by the Engineer and the Contractor which are to be made by
the Contractor before the Works or any Section or part thereof are taken over
by the Employer. Engineer and Engineer's Representative
(ii) "Taking-Over Certificate" means a certificate issued pursuant to Clause
Engineer's 2.1 (a) The Engineer shall carry out the duties specified in the Contract.
48.
Duties and
(b) The Engineer may exercise the authority specified in or necessarily to be
(e) (i) "Contract Price" means the sum stated in the Letter of Acceptance as Authority
implied from the Contract, provided, however, that if the Engineer is required,
payable to the Contractor for the execution and completion of the Works and under the terms of his appointment by the Employer, to obtain the specific
the remedying of any defects therein in accordance with the provisions of the approval of the Employer before exercising any such authority, particulars of
Contract. such requirements shall be set out in Part II of these Conditions. Provided further
(ii) "Retention Money" means the aggregate of all monies retained by the that any requisite approval shall be deemed to have been given by the Employer
Employer pursuant to Sub-Clause 60.2(a). for any such authority exercised by the Engineer.
(f) (i) "Works" means the Permanent Works and the Temporary Works or either (c) Except as expressly stated in the Contract, the Engineer shall have no
of them as appropriate. authority to relieve the Contractor of any of his obligations under the Contract.
(ii) "Permanent Works" means the permanent works to be executed Engineer's 2.2 The Engineer's Representative shall be appointed by and be responsible to the
(including Plant) in accordance with the Contract. Representative Engineer and shall carry out such duties and exercise such authority as may be
delegated to him by the Engineer under Sub-Clause 2.3.
(iii) "Temporary Works" means all temporary works of every kind (other
than Contractor's Equipment) required in or about the execution and Engineer's 2.3 The Engineer may from time to time delegate to the Engineer's Representative
completion of the Works and the remedying of any defects therein. Authority to any of the duties and authorities vested in the Engineer and he may at any time
Delegate revoke such delegation. Any such delegation or revocation shall be in writing and
(iv) "Plant" means machinery, apparatus and the like intended to form or
shall not take effect until a copy thereof has been delivered to the Employer and
forming part of the Permanent Works. the Contractor.
(v) "Contractor's Equipment" means all appliances and things of whatsoever Any communication given by the Engineer's Representative to the Contractor in
nature (other. than Temporary Works) required for the execution and
accordance with such delegation shall have the same effect as though it had been
completion of the Works and the remedying of any defects therein, but does given by the Engineer. Provided that:
not include Plant, materials or other things intended to form or forming part
of the Permanent Works. (a) any failure of the Engineer's Representative to disapprove any work,
materials or Plant shall not prejudice the authority of the Engineer to disapprove
(vi) "Section" means a part of the Works specifically identified in the such work, materials or Plant and to give instructions for the rectification
Contract as a Section. thereof;
(vii) "Site" means the places provided by the Employer where the Works are (b) if the Contractor questions any communication of the Engineer's
to be executed and any other places as may be specifically designated in the Representative he may refer the matter to the Engineer who shall confirm, reverse
Contract as forming part of the Site. or vary the contents of such communication.
(g) (i) "cost" means all expenditure properly incurred or to be incurred, whether Appointment 2.4 The Engineer or the' Engineer's Representative may appoint any number of
on or off the Site, including overhead and other charges properly allocable of Assistants persons to assist the Engineer's Representative in the carrying out of his duties
thereto but does not include any allowance for profit. under Sub-Clause 2.2. He shall notify to the Contractor the names, duties and
(ii) "day" means calendar day. scope of authority of such persons. Such assistants shall have no authority to
issue any instructions to the Contractor save in so far as such instructions may be
(iii) "foreign currency" means a currency of a country other than that in
necessary to enable them to carry out their duties and to secure their acceptance of
which the Works are to be located. materials, Plant or workmanship as being in accordance with the Contract, and
(iv) "writing" means any hand-written, type-written, or printed any instructions given by any of them for those purposes shall be deemed to have
communication, including telex, cable and facsimile transmission. been given by the Engineer's Representative.
Instructions 2.5 Instructions given by the Engineer shall be in writing, provided that if for any
Headings and 1.2 The headings and marginal notes in these Conditions shall not be deemed part in Writing reason the Engineer considers it necessary to give any such instruction orally, the
Marginal Notes thereof or be taken into consideration in the interpretation or construction Contractor shall comply with such instruction. Confirmation in writing of such
thereof or of the Contract. oral instruction given by the Engineer, whether before or after the carrying out of
Interpretation
the instruction, shall be deemed to be an instruction within the meaning of this
1.3 Words importing persons or parties shall include firms and corporations and any Sub-Clause. Provided further that if the Contractor, within 7 days, confirms in
organisation having legal capacity.
writing to the Engineer. any oral instruction of the Engineer and such
Singular and 1.4 Words importing the singular only also include the plural and vice versa where the confirmation is not contradicted in writing within 7 days by the Engineer, it shall
Plural context requires. be deemed to be an instruction of the Engineer.
2 © FIDIC 1987 © FIDIC 1987 3
The provisions of this Sub-Clause shall equally apply to instructions given by the (b) the country or state the law of which shall apply to the Contract and according
Engineer's Representative and any assistants of the Engineer or the Engineer's to which the Contract shall be construed.
Representative appointed pursuant to Sub-Clause 2.4.
If the said documents are written in more than one language, the language
Engineer to Act 2.6 Wherever, under the Contract, the Engineer is required to exercise his discretion according to which the Contract shall be construed and interpreted is also stated
Impartially by: in Part II of these Conditions, being therein designated the "Ruling Language".
(a) giving his decision, opinion or consent, or Priority of 5.2 The several documents forming the Contract are to be taken as mutually
(b) expressing his satisfaction or approval, or Contract explanatory of one another, but in case of ambiguities or discrepancies the same
Documents shall be explained and adjusted by the Engineer who shall thereupon issue to the
(c) determining value, or Contractor instructions thereon and in such event, unless otherwise provided in
(d) otherwise taking action which may affect the rights and obligations of the the Contract, the priority of the documents forming the Contract shall be as
Employer or the Contractor follows:
(I) The Contract Agreement (if completed);
he shall exercise such discretion impartially within the terms of the Contract and
having regard to all the circumstances. Any such decision, opinion, consent, (2) The Letter of Acceptance;
expression of satisfaction, or approval, determination of value or action may be
opened up, reviewed or revised as provided in Clause 67. (3) The Tender;
(4) Part II of these Conditions;
Assignment and Subcontracting (5) Part I of these Conditions; and
(6) Any other document forming part of the Contract.
Assignment 3.1 The Contractor shall not, without the prior consent of the Employer (which
of Contract consent, notwithstanding the provisions of Sub-Clause 1.5, shall be at the sole Custody and 6.1 The Drawings shall remain in the sole custody of the Engineer, but two copies
discretion of the Employer), assign the Contract or any part thereof, or any Supply of thereof shall be provided to the Contractor free of charge. The Contractor shall
benefit or interest therein or thereunder, otherwise than by: Drawings and make at his own cost any further copies required by him. Unless it is strictly
Documents necessary for the purposes of the Contract, the Drawings, Specification and other
(a) a charge in favour of the Contractor's bankers of any monies due or to
documents provided by the Employer or the Engineer shall not, without the
become due under the Contract, or consent of the Engineer, be used or communicated to a third party by the
(b) assignment to the Contractor's insurers (in cases where the insurers have Contractor. Upon issue of the Defects Liability Certificate, the Contractor shall
discharged the Contractor's loss or liability) of the Contractor's right to obtain return to the Engineer all Drawings, Specification and other documents provided
relief against any other party liable. under the Contract.
Subcontracting 4.1 The Contractor shall not subcontract the whole of the Works. Except where The Contractor shall supply to the Engineer four copies of all Drawings,
otherwise provided by the Contract, the Contractor shall not subcontract any Specification and other documents submitted by the Contractor and approved by
part of the Works without the prior consent of the Engineer. Any such consent the Engineer in accordance with Clause· 7, together with a reproducible copy of
shall not (elieve the Contractor from any liability or obligation under the any material which cannot be reproduced to an equal standard by photocopying.
Contract and he shall be responsible for the acts, defaults and neglects of any In addition the Contractor shall supply such further copies of such Drawings,
Subcontractor, his agents, servants or workmen as fully as if they were the acts, Specification and other documents as the Engineer may request in writing for the
defaults or neglects of the Contractor, his agents, servants or workmen. use of the Employer, who shall pay the cost thereof.
Provided that the Contractor shall not be required to obtain such consent for: One Copy of 6.2 One copy of the Drawings, provided to or supplied by the Contractor as
(a) the provision of labour, or Drawings to be aforesaid, shall be kept by the Contractor on the Site and the same shall at all
Kept on Site reasonable times be available for inspection and use by the Engineer and by any
(b) the purchase of materials which are in accordance with the standards specified other person authorised by the Engineer in writing.
in the Contract, or
Disruption of 6.3 The Contractor shall give notice to the Engineer, with a copy to the Employer,
(c) the subcontracting of any part of the Works for which the Subcontractor is Progress whenever planning or execution of the Works is likely to be delayed or disrupted
named in the Contract. unless any further drawing or instruction is issued by the Engineer within a
Assignment of 4.2 In the event of a Subcontractor having undertaken towards the Contractor in reasonable time. The notice shall include details of the drawing or instruction
Subcontractors' respect of the work executed, or the goods, materials, Plant or services supplied required and of why and by when it is required and of any delay or disruption
Obligations by such Subcontractor, any continuing obligation extending for a period likely to be suffered if it is late.
exceeding that of the Defects Liability Period under the Contract, the Contractor Delays and 6.4 If, by reason of any failure or inability of the Engineer to issue, within a time
shall at any time, after the expiration of such Period, assign to the Employer, at Cost of Delay reasonable in all the circumstances, any drawing or instruction for which notice
the Employer's request and cost, the benefit of such obligation for the unexpired of Drawings has been given by the Contractor in accordance with Sub-Clause 6.3, the
duration thereof. Contractor suffers delay andlor incurs costs then the Engineer shall, after due
consultation with the Employer and the Contractor, determine:
Contract Documents (a) any extension of time to which the Contractor is entitled under Clause 44, and
(b) the amount of such costs, which shall be added to the Contract Price,
Language/s 5.1 There is stated in Part II of these Conditions:
and Law and shall notify the Contractor accordingly, with a copy to the Employer.
(a) the language or languages in which the Contract documents shall be drawn up,
and
4 © FIDIC 1987 © FIDIC 1987 5
Failure by 6.5 If the failure or inability of the Engineer to issue any drawings or instructions is Period of 10.2 The performance security shall be valid until the Contractor has executed and
Contractor to caused in whole or in part by the failure of the Contractor to submit Drawings, Validity of completed the Works and remedied any defects therein in accordance with the
Submit Drawings Specification or other documents which he is required to submit under the Performance Contract. No claim shall be made against such security after the issue of the
Contract, the Engineer shall take such failure by the Contractor into account Security Defects Liability Certificate in accordance with Sub-Clause 62.1 and such
when making his determination pursuant to Sub-Clause 6.4. security shall be returned to the Contractor within 14 days of the issue of the said
Supplementary 7.1 The Engineer shall have authority to issue to the Contractor, from time to time, Defects Liability Certificate.
Drawings and such supplementary Drawings and instructions as shall be necessary for the Claims under 10.3 Prior to making a claim under the performance security the Employer shall, in
Instructions purpose of the proper and adequate execution and completion of the Works and Performance every case, notify the Contractor stating the nature of the default in respect of
the remedying of any defects therein. The Contractor shall carry out and be Security which the claim is to be made.
bound by the same.
Inspection 11.1 The Employer shall have made available to the Contractor, before the submission
Permanent Works 7.2 Where the Contract expressly provides that part of the Permanent Works shall be of Site by the Contractor of the Tender, such data on hydrological and sub-surface
Designed by designed by the Contractor, he shall submit to the Engineer, for approval: conditions as have been obtained by or on behalf of the Employer from
Contractor investigations undertaken relevant to the Works but the Contractor shall be
(a) such drawings, specifications, calculations and other information as shall be
necessary to satisfy the Engineer as to the suitability and adequacy of that design, responsible for his own interpretation thereof.
and The Contractor shall be deemed to have inspected and examined the Site and its
(b) operation and maintenance manuals together with drawings of the Permanent surroundings and information available in connection therewith and to have
Works as completed, in sufficient detail to enable the Employer to operate, satisfied himself (so far as is practicable, having regard to considerations of cost
maintain, dismantle, reassemble and adjust the Permanent Works incorporating and time) before submitting his Tender, as to:
that design. The Works shall not be considered to be completed for the purposes (a) the form and nature thereof, including the sub-surface conditions,
of taking over in accordance with Clause 48 until such operation and
maintenance manuals, together with drawings on completion, have been (b) the hydrological and climatic conditions,
submitted to and approved by the Engineer. (c) the extent and nature of work and materials necessary for the execution and
Responsibility 7.3 Approval by the Engineer, in accordance with Sub-Clause 7.2, shall not relieve completion of the Works and the remedying of any defects therein,
Unaffected by the Contractor of any of his responsibilities under the Contract. and
Approval (d) the means of access to the Site and the accommodation he may require
and, in general, shall be deemed to have obtained all necessary information,
General Obligations subject as above mentioned, as to risks, contingencies and all other circumstances
which may influence or affect his Tender.
Contractor's 8.1 The Contractor shall, with due care and diligence, design (to the extent provided
for by the Contract), execute and complete the Works and remedy any defects The Contractor shall be deemed to have based his Tender on the data made
General
available by the Employer and on his own inspection and examination, all as
Responsibilities therein in accordance with the provisions of the Contract. The Contractor shall
provide all superintendence, labour, materials, Plant, Contractor's Equipment aforementioned.
and all other things, whether of a 'temporary or permanent nature, required in Sufficiency 12.1 The Contractor shall be deemed to have satisfied himself as to the correctness and
and for such design, execution, completion and remedying of any defects, so far of Tender sufficiency of the Tender and of the rates and prices stated in the Bill of
as the necessity for providing the same is specified in or is reasonably to be Quantities, all of which shall, except insofar as it is otherwise provided in the
inferred from the Contract. Contract, cover all his obligations under the Contract (including those in respect
of the supply of goods, materials, Plant or services or of contingencies for which
Site Operations 8.2 The Contractor shall take full responsibility forthe adequacy, stability and safety there is a Provisional Sum) and all matters and things necessary for the proper
and Methods of of all Site operations and methods of construction. Provided that the Contractor execution and completion of the Works and the remedying of any defects therein.
Construction shall not be responsible (except as stated hereunder or as may be otherwise
agreed) for the design or specification of Permanent Works, or· for the design or Adverse Physical 12.2 If, however, during the execution of the Works the Contractor encounters
specification of any Temporary Works not prepared by the Contractor. Where Obstructions or physical obstructions or physical conditions, other than climatic conditions on
the Contract expressly provides that part of the Permanent Works shall be Conditions the Site, which obstructions or conditions were, in his opinion, not foreseeable by
designed by the Contractor, he shall be fully responsible for that part of such an experienced contractor, the Contractor shall forthwith give notice thereof to
Works, notwithstanding any approval by the Engineer. the Engineer, with a copy to the Employer. On receipt of such notice, the
Engineer shall, if in his opinion such obstructions or conditions could not have
Contract 9.1 The Contractor shall, if called upon so to do, enter into and execute the Contract been reasonably foreseen by an experienced contractor, after due consultation
Agreement Agreement, to be prepared and completed at the cost of the Employer, in the with the Employer and the Contractor, determine:
;: form annexed to these Conditions with such modification as may be necessary.
(a) any extension of time to which the Contractor is entitled under Clause 44, and
Performance 10.1 If the Contract requires the Contractor to obtain security for his proper
Security performance of the Contract he shall obtain and provide to the Employer such (b) the amount of any costs which may have been incurred by the Contractor by
security within 28 days after the receipt of the Letter of Acceptance, in the sum reason of such obstructions or conditions having been encountered, which shall
stated in the Appendix to Tender. When providing such security to the Employer, be added to the Contract Price,
the Contractor shaU..notifythe Engineer of so doing. Such security shall-be in such and shall notify the Contractor accordingly, with a copy to the Employer. Such
form as may be agreed between the Employer and the Contractor. The institution determination shall take account of any instruction which the Engineer may issue
providing such security shall be subject to the approval of the Employer. The cost to the Contractor in connection therewith, and any proper and reasonable
of complying with the requirements of this Clause shall be borne by the measures acceptable to the Engineer which the Contractor may take in the
Contractor, unless the Contract otherwise provides. absence of specific instructions from the Engineer.
6 © FlDlC 1981 © FlDIC 1981 7
Work to be in 13.1 Unless it is legally or physically impossible, the Contractor shall execute and Setting-out 17.1 The Contractor shall be responsible for:
Accordance with complete the Works and remedy any defects therein in strict accordance with the (a) the accurate setting-out of the Works in relation to original points, lines and
Contract Contract to the satisfaction of the Engineer. The Contractor shall comply with levels of reference given by the Engineer in writing,
and adhere strictly to the Engineer's instructions on any matter, whether (b) the correctness, subject as above mentioned, of the position, levels,
mentioned in the Contract or not, touching or concerning the Works. The dimensions and alignment of all parts of the Works, and
Contractor shall take instructions only from the Engineer or, subject to the
provisions of Clause 2, from the Engineer's Representative. (c) the provision of all necessary instruments, appliances and labour in
connection with the foregoing responsibilities.
Programme to 14.1 The Contractor shall, within the time stated in Part II of these Conditions after
be Submitted the date of the Letter of Acceptance, submit to the Engineer for his consent a If, at any time during the execution of the Works, any error appears in the
programme, in such form and detail as the Engineer shall reasonably prescribe, position, levels, dimensions or alignment of any part of the Works, the
for the execution of the Works. The Contractor shall, whenever required by the Contractor, on being required so to do by the Engineer, shall, at his own cost,
Engineer, also provide in writing for his information a general description of the rectify such error to the satisfaction of the Engineer, unless such error is based on
arrangements and methods which the Contractor proposes to adopt for the incorrect data supplied in writing by the Engineer, in which case the Engineer
execution of the Works. shall determine an addition to the Contract Price in accordance with Clause 52
Revised 14.2 If at any time it should appear to the Engineer that the actual progress of the and shall notify the Contractor accordingly, with a copy to the Employer.
Programme Works does not conform to the programme to which consent has been given The checking of any setting-out or of any line or level by the Engineer shall not in
under Sub-Clause 14.1, the Contractor shall produce, at the request of the any way relieve the Contractor of his responsibility for the accuracy thereof and
Engineer, a revised programme showing the modifications to such programme the Contractor shall carefully protect and preserve all bench-marks, sight-rails,
necessary to ensure completion of the Works within the Time for Completion. pegs and other things used in setting-out the Works.
Cash Flow 14.3 The Contractor shall, within the time stated in Part II of these Conditions after Boreholes and 18.1 If, at any time during the execution of the Works, the Engineer requires the
Estimate to be the date of the Letter of Acceptance, provide to the Engineer for his information Exploratory Contractor to make boreholes or to carry out exploratory excavation, such
Submitted a detailed cash flow estimate, in quarterly periods, of all payments to which the Excavation requirement shall be the subject of an instruction in accordance with Clause 51,
Contractor will be entitled under the Contract and the Contractor shall unless an item or a Provisional Sum in respect of such wOrk is included in the Bill
subsequently supply revised cash flow estimates at quarterly intervals, if required of Quantities.
to do so by the Engineer.
Safety, Security 19.1 The Contractor shall, throughout the execution and completion of the Works
Contractor not 14.4 The submission to and consent by the Engineer of such programmes or the and Protection of and the remedying of any defects therein:
Relieved of Duties provision of such general descriptions or cash flow estimates shall not relieve the the Environment (a) have full regard for the safety of all persons entitled to be upon the Site and
or Responsibilities Contractor of any of his duties or responsibilities under the Contract.
keep the Site (so far as the same is under his control) and the Works (so far as the
Contractor's 15.1 The Contractor shall provide an necessary superintendence during the execution same are not completed or occupied by the Employer) in an orderly state
Superintendence of the Works and as long thereafter as the Engineer may consider necessary for appropriate to the avoidance of danger to such persons, and
the proper fUlfilling of the Contractor's obligations under the Contract. The
Contractor, or a competent and authorised representative approved of by the (b) provide and maintain at his own cost all lights, guards, fencing, warning signs
Engineer, which approval may at any time be withdrawn, shall give his whole and watching, when and where necessary or required by the Engineer or by any
time to the superintendence of the Works. Such authorised representative shall duly constituted authority, for the protection of the Works or for the safety and
receive, on behalf of the Contractor, instructions from the Engineer or, subject to convenience of the public or others, and
the provisions of Clause 2, the Engineer's Representative. (c) take all reasonable steps to protect the environment On and off the Site and to
If approval of the representative is withdrawn by the Engineer, the Contractor avoid damage or nuisance to persons or to property of the public or others
shall, as soon as is practicable, having regard to the requirement of replacing him resulting from pollution, noise or other causes arising as a consequence of his
as hereinafter mentioned, after receiving notice of such withdrawal, remove the methods of operation.
representative from the Works and shall not thereafter employ him again on the Employer's 19.2 If under Clause 31 the Employer shall carry out work On the Site with his own
Works in any capacity and shall replace him by another representative approved Responsibilities workmen he shall, in respect of such work:
by the Engineer.
(a) have full regard to the safety of all persons entitled to be upon the Site, and
Contractor's 16.1 The Contractor shall provide on the Site in connection with the execution and
Employees completion of the Works and the remedying of any defects therein (b) keep the Site in an orderly state appropriate to the avoidance of danger to such
persons.
(a) only such technical assistants as are skilled and experienced in their respective
callings and such foremen and leading hands as are competent to give proper If under Clause 31 the Employer shall employ other contractors on the Site he
superintendence of the Works, and shall require them to have the same regard for safety and avoidance of danger.
{b) such skilled, semi·skilled and unskilled labour as is necessary for the proper Care of Works 20.1 The Contractor shall take full responsibility for the care of the Works and
and timely fulfilling of the Contractor's obligations under the Contract. materials and Plant for incorporation therein from the Commencement Date
until the date of issue of the Taking-Over Certificate for the whole of the Works,
Engineer at 16.2 The Engineer shall be at liberty to object to and require the Contractor to remove when the responsibility for the said care shall pass to the Employer. Provided
Liberty to Object forthwith from the Works any person provided by the Contractor who, in the that:
opinion of the Engineer, misconducts himself, or is incompetent or negligent in
the proper performance of his duties, or whose presence on Site is otherwise (a) if the Engineer issues a Taking-Over Certificate for any Section or part of the
considered by the Engineer to be undesirable, and such person shall not be again Permanent Works the Contractor shall cease to be liable for the care of that
allowed upon the Works without the consent of the Engineer. Any person so Section or part from the date of issue of the Taking-Over Certificate, when the
removed from the Works shall be replaced as soon as possible. responsibility for the care of that Section or part shall pass to the Employer, and
I, where it affects part only of the Works, as an omission of such part under Clause
51 by giving a further notice to the Engineer to that effect, or, where it affects the
be), calculated from the Commencement Date, or such extended time as may be
allowed under Clause 44.
V! whole of the Works, treat the suspension as an event of default by the Employer
Extension of Time 44.1 In the event of
and terminate his employment under the Contract in accordance with the
1:1 for Completion
provisions of Sub-Clause 69.1, whereupon the provisions of Sub-Clauses 69.2 (a) the amount or nature of extra or additional work, or
f!
-I and 69.3 shall apply.
1':1 (b) any cause of delay referred to in these Conditions, or
H
{1 (c) exceptionally adverse climatic conditions, or
j"j Commencement and Delays
(d) any delay, impediment or prevention by the Employer, or
I,i Commencement 41.1 The Contractor shall commence the Works as soon as is reasonably possible after (e) other special circumstances which may occur, other than through a default of
d
\'1 of Works the receipt by him of a notice to this effect from the Engineer, which notice shall or breach of contract by the Contractor or for which he is responsible,
j~
be issued within the time stated in the Appendix to Tender after the date of the
il Letter of Acceptance. Thereafter, the Contractor shall proceed with the Works being such as fairly to entitle the Contractor to an extension of the Time for
P:
j:i with due expedition and without delay. Completion of the Works, or any Section or part thereof, the Engineer shall,
11 after due consultation with the Employer and the Contractor, determine the
Possession of 42.1 Save insofar as the Contract may prescribe: amount of such extension and shall notify the Contractor accordingly, with a
Ii Site and Access
(a) the extent of portions of the Site of which the Contractor is to be given copy to the Employer.
il Thereto
possession from time to time, and Contractor
to Provide
44.2 Provided that the Engineer is not bound to make any determination unless the
Contractor has
Ii (b) the order in which such portions shall be made available to the Contractor
and subject to any requirement in the Contract as to the order in which the Works
Notification and
(a) within 28 days after such event has first arisen notified the Engineer with a
Ii;1 shall be executed, the Employer will, with the Engineer's notice to commence the
Detailed
Particulars
copy to the Employer, and
H Works, give to the Contractor possession of (b) within 28 days, or such other reasonable time as may be agreed by the
:!: Engineer, after such notification submitted to the Engineer detailed particulars of
(c) so much of the Site, and
any extension of time to which he may consider himself entitled in order that such
(d) such access as, in accordance with the Contract, is to be provided by the submission may be investigated at the time.
I,
, Employer
i;
,j
~
1,1
!
i~ 18 © FIDIC 1!}87 © FIDIC I!}S7 19
Interim 44.3 Provided also that where an event has a continuing effect such that it is not Taking-Over 48.1 When the whole of the Works have been substantially completed and have
Determination practicable for the Contractor to submit detailed particulars within the period of Certificate satisfactorily passed any Tests on Completion prescribed by the Contract, the
of Extension 28 days referred to in Sub~Clause 44.2(b), he shall nevertheless be entitled to an Contractor may give a notice to that effect to the Engineer, with a copy to the
extension of time provided that he has submitted to the Engineer interim Employer, accompanied by a written undertaking to finish with due expedition
particulars at intervals of not more than 28 days and final particulars within 28 any outstanding work during the Defects Liability Period. Such' notice and
days of the end of the effects resulting from the event. On receipt of such interim undertaking shall be deemed to be a request by the Contractor for the Engineer to
particulars, the Engineer shall, without undue delay, make an interim issue a Taking-Over Certificate in respect of the Works. The Engineer shall,
determination of extension of time and, on receipt of the final particulars, the within 21 days of the date of delivery of such notice, either issue to the
Engineer shall review all the circumstances and shall determine an overall Contractor, with a copy to the Employer, a Taking-Over Certificate, stating the
extension of time in regard to the event. In both such cases the Engineer shall date on which, in his opinion, the Works were substantially completed in
notify the Contractor accordingly, with a copy to the Employer. No final review accordance with the Contract, or give instructions in writing to the Contractor
shall result in a decrease of any extension of time already determined by the specifying all the work which, in the Engineer's opinion, is required to be done by
Engineer. the Contractor before the issue of such Certificate. The Engineer shall also notify
Restriction on 45.1 Subject to any provision to the contrary contained in the Contract, none of the the Contractor of any defects in the Works affecting substantial completion that
Working Hours Works shall, save as hereinafter provided, be carried on during the night or on may appear after such instructions and before completion of the Works specified
locally recognised days of rest without the consent of the Engineer, except when therein. The Contractor shall be entitled to receive such Taking-Over Certificate
work is unavoidable or absolutely necessary for the saving of life or property or within 21 days of completion, to the satisfaction of the Engineer, of the Works so
for the safety of the Works, in which case the Contractor shall immediately advise specified and remedying any defects so notified.
the Engineer. Provided that the provisions of this Clause shall not be applicable Taking Over of 48.2 Similarly, in accordance with the procedure set out in Sub-Clause 48.1, the
in the case of any work which it is customary to carry out by multiple shifts. Sections or Parts Contractor may request and the Engineer shall issue a Taking~Over Certificate in
Rate of Progress 46.1 If for any reason, which does not entitle the Contractor to an extension of time, respect of:
the rate of progress of the Works or any Section is at any time, in the opinion of
the Engineer, too slow to comply with the Time for Completion, the Engineer (a) any Section in respect of which a separate Time for Completion is provided in
the Appendix to Tender, or.
shall so notify the Contractor who shall thereupon take such steps as are
necessary, subject to the consent of the Engineer, to expedite progress so as to (b) any substantial part of the Permanent Works which has been both completed
comply with the Time for Completion. The Contractor shall not be entitled to any to the satisfaction of the Engineer and, otherwise than as provided for in the
additional payment for taking such steps. If, as a result of any notice given by the Contract, occupied or used by the Employer, or
Engineer under this Clause, the Contractor considers that it is necessary to do any
work at night or on locally recognised days of rest, he shall be entitled to seek the (c) any part of the Permanent Works which the Employer has elected to occupy or
consent of the Engineer so to do. Provided that if any steps, taken by the use prior to completion (where such prior occupation or useis not provided for in
Contractor in meeting his obligations under this Clause, involve the Employer in the Contract or has not been agreed by the Contractor as a temporary measure).
additional supervision costs, such costs shall, after due consultation with the Substantial 48.3 If any part of the Permanent Works has been substantially completed and has
Employer and the Contractor, be determined by the Engineer and shall be Completion satisfactorily passed any Tests on Completion prescribed by the Contract, the
recoverable from the Contractor by the Employer, and may be deducted by the of Parts Engineer may issue a Taking-Over Certificate in respect of that part of the
Employer from any monies due or to become due to the Contractor and the Permanent Works before completion of the whole of the Works and, upon the
Engineer shall notify the Contractor accordingly, with a copy to the Employer. issue of such Certificate, the Contractor shall be deemed to have undertaken to
Liquidated 47.1 If the Contractor fails to comply with the Time for Completion in accordance complete with due expedition any outstanding work in that part of the Permanent
Damages with Clause 48, for the whole of the Works or, if applicable, any Section within Works during the Defects Liability Period.
for Delay the relevant time prescribed by Clause 43, then the Contractor shall pay to the Surfaces 48.4 Provided that a Taking-Over Certificate given in respect of any Section or part of
Employer the relevant sum stated in the Appendix to Tender as liquidated Requiring the Permanent Works before completion ofthe whole of the Works shall not be
damages for such default and not as a penalty (which sum shall be the only 1 Reinstatement deemed to certify completion of any ground or surfaces requiring reinstatement,
monies due from the Contractor for such default) for every day or part of a day unless such Taking~Over Certificate shall expressly so state.
which shall elapse between the relevant Time for Completion and the date stated I
in a Taking-Over Certificate of the whole of the Works or the relevant Section, Defects Liability
subject to the applicable limit stated in the Appendix to Tender. The Employer
may, without prejudice to any other method of recovery, deduct the amount of
such damages from any monies due or to become due to the Contractor. The Defects Liability 49.1 In these Conditions the expression "Defects Liability Period" shall mean the
payment or deduction of such damages shall not relieve the Contractor from his Period defects liability period named in the Appendix to Tender, calculated from:
obligation to complete the Works, or from any other of his obligations and (a) the date of substantial completion of the Works certified by the Engineer in
liabilities under the Contract. accordance with Clause 48, or
Reduction of 47.2 If, before the Time for Completion of the whole of the Works or, if applicable, (b) in the event of more than one certificate having been issued by the Engineer
Liquidated any Section, a Taking~Over Certificate has been issued for any part of the Works under Clause 48. the respective dates so certified
Damages or of a Section, the liquidated damages for delay in completion of the remainder
of the Works or of that Section shall, for any period of delay after the date stated and in relation to the Defects Liability Period the expression "the Works" shall
in such Taking~Over Certificate, and in the absence of alternative provisions in be construed accordingly.
the Contract, be reduced in the proportion which the value of the part so certified Completion of 49.2 To the intent that the Works shall, at or as soon as practicable after the expiration
bears to the value of the whole of the Works or Section, as applicable. The Outstanding Work of the Defects Liability Period, be delivered to the Employer in the condition
provisions of this Sub-Clause shall only apply to the rate of liquidated damages and Remedying required by the Contract, fair wear and tear excepted, to the satisfaction of the
and shall not affect the limit thereof. Defects Engineer, the Contractor shall:
• 20 © FlDlC 1987 © FIDIC 1987 21
(a) complete the work, if any, outstanding on the date stated in the Taking-Over (e) execute additional work of any kind necessary for the completion of the
Certificate as soon as practicable after such date and Works,
(b) execute all such work of amendment, reconstruction, and remedying defects, (0 change any specified sequence or timing of construction of any part of the
shrinkages or other faults as the Engineer may, during the Defects Liability Works.
Period or within 14 days after its expiration, as a result of an inspection made by No such variation shall in any way vitiate or invalidate the Contract, but the
or on behalf of the Engineer prior to its expiration, instruct the Contractor to effect, if any, of all such variations shall be valued in accordance with Clause 52.
execute. Provided that where the issue of an instruction to vary the Works is necessitated
Cost of 49.3 All work referred to in Sub-Clause 49.2 (b) shall be executed by the Contractor at by some default of or breach of contract by the Contractor or for which he is
Remedying his own cost if the necessity thereof is, in the opinion of the Engineer, due to: responsible, any additional cost attributable to such default shall be borne by the
Defects Contractor.
(a) the use of materials, Plant or workmanship not in accordance with the
Contract, or Instructions for 51.2 The Contractor shall not make any such variation without an instruction of the
Variations Engineer. Provided that no instruction shall be required for increase or decrease
(b) where the Contractor is responsible for the design of part of the Permanent in the quantity of any work where such increase or decrease is not the result of an
Works, any fault in such design, or instruction given under this Clause, but is the result of the quantities exceeding or
(c) the neglect or failure on the part of the Contractor to comply with any being less than those stated in the Bill of Quantities.
obligation, expressed or implied, on the Contractor's part under the Contract. Valuation of 52.1 All variations referred to in Clause 51 and any additions to the Contract Price
If, in the opinion of the Engineer, such necessity is due to any other cause, he shall Variations which are required to be determined in accordance with Clause 52 (for the
determine an addition to the Contract Price in accordance with Clause 52 and purposes of this Clause referred to as "varied work"), shall be valued at the rates
shall notify the Contractor accordingly, with a copy to the Employer. and prices set out in the Contract if, in the opinion of the Engineer, the same shall
be applicable. If the Contract does not contain any rates or prices applicable to
Contractor's 49.4 In case of default on the part of the Contractor in carrying out such instruction the varied work, the rates and prices in the Contract shall be used as the basis for
Failure to Carry within a reasonable time, the Employer shall be entitled to employ and pay other valuation so far as may be reasonable, failing which, after due consultation by the
Out Instructions persons to carry out the same and if such work is work which, in the opinion of Engineer with the Employer and the Contractor, suitable rates or prices shall be
the Engineer, the Contractor was liable to do at his own cost under the Contract, agreed upon between the Engineer and the Contractor. In the event of
then all costs consequent thereon or incidental thereto shall, after due disagreement the Engineer shall fix such rates or prices as are, in his opinion,
consultation with the Employer and the Contractor, be determined by the appropriate and shall notify the Contractor accordingly, with a COpy to the
Engineer and shall be recoverable from the Contractor by the Employer, and may Employer. Until such time as rates or prices are agreed or fixed, the Engineer shall
be deducted by the Employer from any monies due or to become due to the determine provisional rates or prices to enable on-account payments to be
Contractor and the Engineer shall notify the Contractor accordingly, with a copy included in certificates issued in accordance with Clause 60.
to the Employer.
Power of 52.2 Provided that if the nature or amount of any varied work relative to the nature or
Contractor 50.1 If any defect, shrinkage or other fault in the Works appears at any time prior to Engineer amount of the whole of the Works or to any part thereof, is such that, in the
to Search the end ofthe Defects Liability Period, the Engineer may instruct the Contractor, to Fix Rates opinion of the Engineer, the rate or price contained in the Contract for any item
with copy to the Employer, to search under the directions of the Engineer for the of the Works is, by reason of such varied work, rendered inappropriate or
cause thereof. Unless such defect, shrinkage or other fault is one for which the inapplicable, then, after due consultation by the Engineer with the Employer and
Contractor is liable under the Contract, the Engineer shall, after due consultation the Contractor, a suitable rate or price shall be agreed upon between the Engineer
with the -Employer and the Contractor, determine the amount in respect of the and the Contractor. In the event of disagreement the Engineer shall fix: such other
costs of such search incurred by the Contractor, which shall be added to the rate or price as is, in his opinion, appropriate and shall notify the Contractor
Contract Price and shall notify the Contractor accordingly, with a copy to the accordingly, with a copy to the Employer. Until such time as rates or prices are
Employer. If such defect, shrinkage or other fault is one for which the Contractor agreed or fixed, the Engineer shall determine provisional rates or prices to enable
is liable, the cost of the work carried out in searching as aforesaid shall be borne on-account payments to be included in certificates issued in accordance with
by the Contractor and he shall in such case remedy such defect, shrinkage or other Clause 60.
fault at his own cost in accordance with the provisions of Clause 49.
Provided also that no varied work instructed to be done by the Engineer pursuant
to Clause 51 shall be valued under Sub~Clause 52.1 or under this Sub-Clause
Alterations, Additions and Omissions unless, within 14 days of the date of such instruction and, other than in the case of
omitted work, before the commencement of the varied work, notice shall have
Variations 51.1 The Engineer shall make any variation of the form, quality or quantity of the been given either:
Works or any part thereof that may, in his opinion, be necessary and for,that (a) by the Contractor to the Engineer of his intention to claim extra payment or a
purpose, or if for any other reason it shall, in his opinion, be appropriate, he shall varied rate or price, or
have the authority to instruct the Contractor to do and the Contractor shall do
any of the following: (b) by the Engineer to the Contractor of his intention to vary a rate or price.
(a) increase or decrease the quantity of any work included in the Contract, Variations 52.3 If, on the issue of the Taking-Over Certificate for the whole of the Works, it is
Exceeding 15 found that as a result of:
(b) omit any such work (but not if the omitted work is to be carried out by the per cent
Employer or by another contractor), (a) all varied work valued under Sub~Clauses 52.1 and 52.2, and
(c) change the character or quality or kind of any such work, (b) all adjustments upon measurement of the estimated quantities set out in the
Bill of Quantities, excluding Provisional Sums, dayworks and adjustments of
(d) change the levels, lines, position and dimensions of any part of the Works, price made under Clause 70,
'I shall, during the continuance of such work, deliver each day to the Engineer an
exact list in duplicate of the names, occupation and time of all workmen
particulars are insufficient to substantiate the whole of the claim, the Contractor
shall be entitled to payment in respect of such part of the claim as such particulars
II employed on such work and a statement, also in duplicate, showing the
description and quantity of all materials and Contractor's Equipment used
may substantiate to the satisfaction of the Engineer. The Engineer shall notify the
Contractor of any determination made under this Sub~Clause, with a copy to the
thereon or therefor other than Contractor's Equipment which is included in the Employer.
percentage addition in accordance with such daywork schedule. One copy of each
list and statement will, if correct, or when agreed, be signed by the Engineer and Contractor's Equipment, Temporary Works
returned to the Contractor.
and Materials
At the end of each month the Contractor shall deliver to the Engineer a priced
statement of the labour, materials and Contractor's Equipment, except as
aforesaid, used and the Contractor shall not be entitled to any payment unless Contractor's 54.1 All Contractor's Equipment, Temporary Works and materials provided by the
such lists and statements have been fully and punctually rendered. Provided Equipment, Contractor shall, when brought on to the Site, be deemed to be exclusively
always that if the Engineer considers that for any reason the sending of such lists Temporary Works intended for the execution of the Works and the Contractor shall not remove the
or statements by the Contractor, in accordance with the foregoing provision, was and Materials; same or any part thereof, except for the purpose of moving it from one part of the
impracticable he shall nevertheless be entitled to authorise payment for such Exclusive Use Site to another, without the consent of the Engineer. Provided that consent shall
work, either as daywork, on being satisfied as to the time employed and the for the Works not be required for vehicles engaged in transporting any staff, labour,
labour, materials and Contractor's Equipment used on such work, or at such Contractor's Equipment, Temporary Works, Plant or materials to or from the
value therefor as shall, in his opinion, be fair and reasonable. Site.
Employer not 54.2 The Employer shall not at any time be liable, save as mentioned in Clauses 20 and
Procedure for Claims Liable for Damage 65, for the loss of or damage to any of the said Contractor's Equipment,
Temporary Works or materials. .
Notice of Claims 53.1 Notwithstanding any other provision of the Contract, if the Contractor intends to Customs 54.3 The Employer will use his best endeavours in assisting the Contractor, where
claim any additional payment pursuant to any Clause of these Conditions or Clearance required, in obtaining clearance through the Customs of Contractor's
otherwise, he shall give notice of his intention to the Engineer, with a copy to the Equipment, materials and other things required for the Works.
Employer, within 28 days after the event giving rise to the claim has first arisen. Re-export of 54.4 In respect of any Contractor's Equipment which the Contractor has imported for
Contemporary 53.2 Upon the happening of the event referred to in Sub-Clause 53.1, the Contractor Contractor's the purposes of the Works, the Employer will use his best endeavours to assist the
Records shall keep such contemporary records as may reasonably be necessary to support Equipment Contractor, where required, in procuring any necessary Government consent to
any claim he may subsequently wish to make. Without necessarily admitting the the re-export of such Contractor's Equipment by the Contractor upon the
Employer's liability, the Engineer shall, on receipt of a notice under Sub-Clause removal thereof pUfsuan't to the terms of the Contract.
53.1, inspect such contemporary records and may instruct the Contractor to keep
any further contemporary records as are reasonable and may be material to the
claim of which notice has been given. The Contractor shall permit the Engineer to
inspect all records kept pursuant to this Sub-Clause and shall supply him with
copies thereof as and when the Engineer so instructs.
24 © FlDiC 1987
© F1D1C 1987 25
Conditions of Hire 54.5 With a view to securing, in the event of termination under Clause 63, the Method of 57.1 The Works shall be measured net, notwithstanding any general or local custom,
of Contractor's continued availability, for the purpose of executing the Works, of any hired Measurement except where otherwise provided for in the Contract.
Equipment Contractor's Equipment, the Contractor shall not bring on to the Site any hired Breakdown of 57.2 For the purposes of statements submitted in accordance with Sub-Clause 60.1,
Contractor's Equipment unless there is an agreement for the hire thereof (which Lump Sum Items the ContraCtor shall submit to the Engineer, within 28 days after the receipt of the
agreement shall be deemed not to include an agreement for hire purchase) which Letter of Acceptance, a breakdown for each of the lump sum items contained in
contains a provision that the owner thereof will, on request in writing made by the the Tender. Such breakdowns shall be subject to the approval of the Engineer.
Employer within 7 days after the date on which any termination has become
effective, and on the Employer undertaking to pay all hire charges in respect
thereof from such date, hire such Contractor's Equipment to the Employer on Provisional Sums
the same terms in all respects as the same was hired to the Contractor save that the
Employer shall be entitled to permit the use thereof by any other contractor Definition of 58.1 "Provisional Sum" means a sum included in the Contract and so designated in
employed by him for the purpose of executing and completing the Works and " Provisional the Bill of Quantities for the execution of any part of the Works or for the supply
remedying any defects therein, under the terms of the said Clause 63. Sum" of goo'ds, materials, Plant or services, or for contingencies, which sum may be
54.6 In the event of the Employer entering into any agreement for the hire of used, in whole or in part, or not at all, on the instructions of the Engineer. The
Costs for the Contractor shall be entitled to only such amounts in respect of the work, supply
Purpose of Contractor's Equipment pursuant to Sub-Clause 54.5, all sums properly paid by
the Employer under the provisions of any such agreement and all costs incurred or contingencies to which such Provisional Sums relate as the Engineer shall
Clause 63 determine in accordance with this Clause. The Engineer shall notify the
by him (including stamp duties) in entering into such agreement shall be deemed,
for the purpose of Clause 63, to be part of the cost of executing and completing Contractor of any determination made under this Sub-Clause, with a copy to the
the Works and the remedying of any defects therein. Employer.
Use of 58.2 In respect of every Provisional Sum the Engineer shall have authority to issue
Incorporation of 54.7 The Contractor shall, where entering into any subcontract for the execution of
any part of the Works, incorporate in such subcontract (by reference or Provisional instructions for the execution of work or for the supply of goods, materials, Plant
Clause in or services by:
otherwise) the provisions of this Clause in relation to Contractor's Equipment, Sums
Subcontracts
Temporary Works or materials brought on to the Site by the Subcontractor. (a) the Contractor, in which case the Contractor shall be entitled to an amount
54.8 The operation of this Clause shall not be deemed to imply any approval by the equal to the value thereof determined in accordance with Clause 52,
Approval of
Materials Engineer of the materials or other matters referred to therein nor shall it prevent (b) a nominated Subcontractor, as hereinafter defined, in which case the sum to
not Implied the rejection of any such materials at any time by the Engineer. be paid to the Contractor therefor shall be determined and paid in accordance
with Sub-Clause 59.4.
Measurement Production of 58.3 The Contractor shall produce to the Engineer all quotations, invoices, vouchers
Vouchers and accounts or receipts in connection with expenditure in respect of Provisional
auantities 55.1 The quantities set out in the Bill of Quantities are the estimated quantities for the Sums, except where work is valued in accordance with rates or prices set out in the
Works, and they are not to be taken as the actual and correct quantities of the Tender.
Works to be executed by the Contractor in fulfilment of his obligations under the
Contract. Nominated Subcontractors
Works to be 56.1 The Engineer shall, except as otherwise stated, ascertain and determine by
Measured measurement the value of the Works in accordance with the Contract and the Definition of 59.1 All specialists, merchants, tradesmen and others executing any work or supplying
Contractor shall be paid that value in accordance with Clause 60. The Engineer " Nominated any goods, materials, Plant or services for which Provisional Sums are included
shall, when he requires any part of the Works to be measured, give reasonable Subcontractors" in the Contract, who may have been or be nominated or selected or approved by
notice to the Contractor's authorised agent, who shall: the Employer or the Engineer, and all persons to whom by virtue of the
(a) forthwith attend or send a qualified representative to assist the Engineer in provisions of the Contract the Contractor is required to subcontract shall, in the
execution of such work or the supply of such goods, materials, Plant or services,
making such measurement, and
be deemed to be subcontractors to the Contractor and are referred to in this
(b) supply all particulars required by the Engineer. Contract as "nominated Subcontractors".
Should the Contractor not attend, or neglect or omit to send such representative, Nominated 59.2 The Contractor shall not be required by the Employer or the Engineer, or be
then the measurement made by the Engineer or approved by him shall be taken to Subcontractors; deemed to be under any obligation, to employ any nominated Subcontractor
be the correct measurement of such part of the Works. For the purpose of Objection to against whom the Contractor may raise reasonable objection, or who declines to
measuring such Permanent Works as are to be measured by records and Nomination enter into a subcontract with the Contractor containing provisions:
drawings, the Engineer shall prepare records and drawings as the work proceeds
and the Contractor, as and when called upon to do so in writing, shall, within 14 (a) that in respect of the work, goods, materials, Plant or services the subject of
days, attend to examine and agree such records and drawings with the Engineer the subcontract, the nominated Subcontractor will undertake towards the
and shall sign the same when so agreed. If the Contractor does not attend to Contractor such obligations and liabilities as will enable the Contractor to
examine and agree such records and drawings, they shall be taken to be correct. discharge his own obligations and liabilities towards the Employer under the
If, after examination of such records and drawings, the Contractor does not terms of the Contract and will save harmless and indemnify the Contractor from
agree the same or does not sign the same as agreed, they shall nevertheless be and against the same and from all claims, proceedings, damages, costs, charges
taken to be correct, unless the Contractor, within 14 days of such examination, and expenses whatsoever arising out of or in connection therewith, or arising out
lodges with the Engineer notice of the respects in which such records and of or in connection with any failure to perform such obligations or to fulfil such
drawings are claimed by him to be incorrect. On receipt of such notice, the liabilities, and
Engineer shall review the records and drawings and either confirm or vary them.
38 © FIDlC 1987
Index Index Clause Page
ii iii
Index Clause Page Index Clause Page
Insurance, Remedy on Failure to Insure 25.3 12 Physical Obstructions or Conditions - Adverse 12.2 7
Insurance, Responsibility for Amounts not Recovered 21.3 II Physical Obstructions or Conditions - Engineer's Determination 12.3 7
Insurance, Scope of Cover 21.2 II Plant and Materials, Transport of 30.3 14
Insurance, Third Party 23.1 12 Plant, Conditions of Hire 54.5 26
Insurance, Workmen 24.2 12 Plant, Customs Clearance 54.3 25
Interference with Traffice and Adjoining Properties 29.1 13 Plant, Employer not Liable for damage to 54.2 25
Interim Determination of Extension 44.3 20 Plant, etc. - Exclusive Use for the Works 54.1 25
Interpretations 1.3 2 Plant, Quality of 36.1 15
Plan:. :~c-export of 54.4 25
Labour, Engagement of 34.1 15
Plant, Remo·val of 39.1 17
Language/s and Law 5.1 4
Policy of Insurance - Compliance with Conditions 25.4 12
Law to which Contract Subject 5.1 4
Possession of Site 42.1 18
Legislation, Subsequent 70.2 38
Possession of Site, Failure to Give 42.2 19
Lighting, Fencing, Watching, etc. 19.1 9
Power of Engineer to Fix Rates 52.2 23
Liquidated Damages for Delay 47.1 20
Priority of Contract Documents 5.' 5
Liquidated Damages, Reduction of 47.2 20
Programme to be Submitted 14.1 8
Loss or Damage due to Employer's Risks 20.3 10
Progress - Disruption of 6.3 5
Loss or Damage - Responsibility to Rectify 20.2 10
Progress - Rate of 46.1 20
Lump Sum Items - Breakdown of 57.2 27
Protection of Environment 19.1 9
Materials and Plant, Transport of 30.3 14 Provision to Indemnify Contractor 22.3 12
Materials - Approval of, etc, not Implied 54.8 26 Provision to Indemnify Employer 22.2 II
Materials, Improper - Removal of 39.1 17 Provisional Sums, Currencies of Payment 72.3 38
Materials, Quality of 36.1 15 Provisional Sums, Definition 58.1 27
Materials, Supply of '.1 6 Provisional Sums, Production of Vouchers 58.3 27
Measurement by Engineer 56.1 26 Provisional Sums, Use of 58.2 27
Measurement, Method of 57.1 27
36.1
Measurement, Quantities Estimated Only
Methods of Construction ,.,
55.1 26
6
Quality of Materials and Workmanship
Quantities 55.1
15
26
Minimum Amount of Insurance 23.2 12
Monthly Payments 60.2 31 Rate of Progress 46.1 20
Rates of Exchange 72.1 38
Nominated Subcontractors, Certification of Payments to 59.5 28 Rates, Power of Engineer to Fix 52.2 23
Nominated Subcontractors, Definition 59.1 27 Rectification of Loss or Damage 20.2 10
Nominated Subcontractors, Design by 59.3 28 Reduction of Liquidated Damages 47.2 20
Nominated Subcontractors, Objection to Nomination 59.2 27 Re-export of Plant 54.4 25
Nominated Subcontractors, Payment to 59.4 28 Regulations, Statutes, etc., Compliance with 26.1 13
Notice of Claims 53.1 27 Rejection 37.4 16
Notices and Fees, Payment of 26.1 13 Release from Performance 66.1 35
Notices, Consents and Approvals 1.5 3 Remedies for Default of Contractor 63.1 31
Notice to Contractor 68.1 36 Remedying of Defects 49.2 21
Notice to Employer and Engineer 68.2 36 Remedying of Defects, Cost of 49.3 22
Order of Work, Contractor to Furnish Programme 14.1 8 Removal of Plant, etc. 65.7 34
Other Contractors, Opportunities for 31.1 14 Responsibility to Rectify Loss or Damage 20.2 10
Responsibility Unaffected by Approval 7.3 6
Patent Rights 28.1 13 Restriction on Working Hours 45.1 20
Payment if Contract Terminated for Contractor's Default 63.3 32 Resumption of Work 69.5 37
Payment if Contract Terminated for Employer's Default 69.3 37 Retention Money, Payment of 60.3 29
Payment of ClaimS 53.5 25 Returns of Labour and Contractor's Equipment 35.1 15
Payment, Time for 60.10 31 Revised Programme 14.2 8
Performance Security 10.1 6 Risks, Employer's 20.4 10
Performance Security - Claims Under 10.3 7 Risks, Special 65. 33
Performance Security - Period of Validity 10.2 7 Roads, etc., - Damage by Extraordinary Traffic 30.1 I'
Period of Defects Liability 49.1 21 Roads, Interference with Access to 29.1 13
Permanent Works Designed by Contractor 7.' 6 Royalties 28.2 13
iv v
Index Clause Page
Index Clause Page
Safety, Security and Protection of the Environment 19.1 9 War, Outbreak of 20.4 10
Samples, Cost of 36.2 15 Watching and Lighting, etc. 19.1 9
Security, Safety and Protection of the Environment 19.1 9 Waterborne Traffic 30.4 14
Setting-Out 17.1 9 Wayleaves and Facilities 42.3 19
Singular and Plural 1.4 2 Work, Examination of Before Covering Up 38.1 17
Site, Clearance on Completion 33.1 15 Work, Improper, Removal of 39.1 17
Site, Contractor to Keep Clear 32.1 15 Working Hours, Restriction of 45.1 20
Site, Inspection of by Contractor 11.1 7 Workmanship, Quality of 36.1 15
Site Operations and Methods of Construction 8.2 6 Workmen, Accident or Injury to 24.1 12
Site, Possession of 42.1 I' Works, Care of 20.1 9
Special Risks 85. 33 Works, Completion of (Defects Liability Certificate) 62.1 31
Staff, Engagement of 34.1 15 Works, Commencement of 41.1 18
Statement at Completion 60.5 30 Works, Insurance of 21.1 10
Statement, Final 60.6 30 Works, Remedying of Defects 49.2 21
Statutes, Regulations, etc. - Compliance with 26.1 13 Works, Time for Completion of 43.1 19
Subcontracting 4.1 4 Works to be Measured 56.1 26
Subcontractors, Nominated 59. 27 Work, Suspension of 40.1 17
Subcontractors, Responsibility of the Contractor for Acts and Default of 4.1 4 Work to be in Accordance with the Contract 13.1 8
Subsequent Legislation 70.2 38
Substantial Completion of Sections or Parts 48.3 21
Sufficiency of Tender 12.1 7
Supply of Plant, Materials and Labour 8.1 6
Surfaces Requiring Reinstatement 48.4 21
Suspension, Engineer's Determination 40.2 18
Suspension lasting more than 84 days 40.3 18
Suspension of Work 40.1 17
vii
TENDER
NAME OF CONTRACT: •. ~ _
TO: * _
Gentlemen,
1. Having examined the Conditions of Contract, Specification, Drawings, and Bill of
Quantities and Addenda Nos for the execution of the above-named Works,
we the undersigned, offer to execute and complete such Works and remedy any defects
therein in conformity with the Conditions of Contract, Specification, Drawings, Bill of
Quantities and Addenda for the sum of
( )
or such other sums as may be ascertained in accordance with the said Conditions.
4. We agree to abide by this Tender for the period of*__ days from the date fixed for
receiving the same and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.
5. Unless and until a formal Agreement is prepared and executed this Tender, together with
your written acceptance thereof, shall constitute a binding contract between us.
6. We understand that you are not bound to accept the lowest or any tender you may
receive.
Witness _
Address _
Occupation _
(Note: All details marked * shall be inserted before issue of Tender documents.)
Appendix Agreement
Sub-Clause
ThisAgreement made the dayof _ 19 _ _
Arnountofsecurity(ifany) _ 10.1 -,-,----,,--_ _-::-:- percent
of the Contract Price Between _
of _
Minimum amouot of third party insurance 23.2 _ _ _ _ _--,-,--,--__ per
occurrence, with the number (hereinafter called "the Employer) of the one part and
of occurrences unlimited of_~ _
41.1 _ _ _ _ _ _ _ _ days
Time for issue of notice to commence (hereinafter called the "Contractor") of the other part