[fidic users' guide] a practical guide to the 1999 red & yellow books

7/29/2019 [FIDIC Users' Guide] a Practical Guide to the 1999 Red & Yellow Books

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FIDIC users guideA practical guide to the

1999 Red and Yellow Books

Brian W. Totterdill


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Published by Thomas Telford Publishing, Thomas Telford Ltd,

1 Heron Quay, London E14 4JD.

URL: www.thomastelford.com

Distributors for Thomas Telford books are

USA: ASCE Press, 1801 Alexander Bell Drive, Reston, VA 20191-4400, USAJapan: Maruzen Co. Ltd, Book Department, 310 Nihonbashi 2-chome,

Chuo-ku, Tokyo 103

Australia: DA Books and Journals, 648 Whitehorse Road, Mitcham 3132,

Victoria

First published 2006

Also available from Thomas Telford BooksFIDIC users guide: A practical guide to the 1999 Red Book. B. W. Totterdill.

ISBN: 0 7277 2885 7

FIDIC Conditions of Contract for Construction. ISBN: 2 8843 2022 9

A catalogue record for this book is available from the British Library

ISBN: 0 7277 3441 5

# Brian W. Totterdill and Thomas Telford Limited 2006

All rights, including translation, reserved. Except as permitted by the

Copyright, Designs and Patents Act 1988, no part of this publication may be

reproduced, stored in a retrieval system or transmitted in any form or by any

means, electronic, mechanical, photocopying or otherwise, without the priorwritten permission of the Publishing Director, Thomas Telford Publishing,

Thomas Telford Ltd, 1 Heron Quay, London E14 4JD.

This book is published on the understanding that the author is solely

responsible for the statements made and opinions expressed in it and that its

publication does not necessarily imply that such statements and/or opinions

are or reflect the views or opinions of the publishers. While every effort has

been made to ensure that the statements made and the opinions expressed in

this publication provide a safe and accurate guide, no liability or responsibility

can be accepted in this respect by the author or publishers.

Typeset by Academic Technical, Bristol

Printed and bound in Great Britain by MPG Books, Bodmin, Cornwall


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of certain clauses. Further details of these Guides can be obtained fromEIC at www.eicontractors.de.

I am also most grateful to FIDIC for allowing the Clauses in the Con-

ditions of Contract to be reproduced and for assistance from The FIDICContracts Guide. Copies of the Conditions of Contract and other FIDICpublications can be obtained from the FIDIC Bookshop, Box 311 CH-1215Geneva 15, Switzerland (tel: 41 22 799 49 00; fax: 41 22 799 49 01;[email protected]; http://www.fidic.org/bookshop).

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FIDIC users guide: A practical guide to the 1999 Red and Yellow Books


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Preface to the first edition

In recent years the role of the Conditions of Contract in a constructionproject has undergone a radical change. The Conditions of Contractwere originally a legal document, giving the rights and obligations ofthe Parties, and were only consulted when a claim or dispute became aserious problem. Resident Engineers and Contractors Project Managerswere probably aware that such documents existed, but most of themhad never even seen the Conditions of Contract, much less used it as areference to guide their actions on the site.

In more recent years, the increase in the size and complexity of projects

and the increasing demand from Clients and Employers that projectsshould finish on time and within budget have increased the pressuresfor improved management techniques on construction sites. The currentemphasis on improved procedures for the avoidance or resolution ofclaims and disputes has added to these pressures on the staff on site.

One of the consequences of the movement towards improving effi-ciency and reducing costs has been the increasing use of the Conditionsof Contract as a manual of good project management procedures. Thisdevelopment has been evident in the successive revisions to theFederation Internationale des Ingenieurs-Conseils (FIDIC) Conditions ofContract for Works of Civil Engineering Construction, the traditionalFIDIC Red Book, and experienced a major leap forward with thepublication of the New Engineering Contract by The Institution of CivilEngineers in London. The New Engineering Contract not only incor-porated procedures which virtually formed a manual of good projectmanagement techniques and encouraged a less adversarial approach tothe relationship between Contractor and Employer but also was writtenin good English, in a style and format that could be readily understoodby construction professionals.

The Conditions of Contract, which were published by FIDIC in 1999,mark a further step forward in the process of the incorporation ofmanagement procedures expressed in a practical style and format.Hence, it is now inconceivable that Resident Engineers, Contractors

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Managers and the other construction professionals who prepare docu-ments and administer projects on site should not have the Conditionsof Contract on their desks and refer to its requirements and procedures

on almost a daily basis.This book is a practical guide for the people who actually use FIDIC

Conditions of Contract, based on the authors practical experience ofconstruction projects, conducting training courses and the resolution ofdisputes. It is intended to assist the people who are preparing Contractdocuments as well as those who are administering the project on theSite or dealing with claims and disputes. The book includes a detailedreview of the Conditions of Contract for Construction and comparisonswith the other FIDIC Conditions which were published in 1999. The

review must be read together with the wording of the actual Sub-Clause. The interrelation of the actions and notices by the Employer,Contractor and Engineer with the milestone events during the construc-tion of the project are shown in a series of flow charts. There is also acomparison with previous FIDIC Conditions and a comparison ofClause numbers to assist those who are familiar with the traditionalFIDIC Red Book. The book is not intended to be a legal analysis of thenew FIDIC Conditions or a comparison of the correct interpretation ofthe conditions of contract in different jurisdictions. That task can be left

for those who are better qualified to analyse and speculate on thecorrect legal interpretation of controversial Clauses.

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Contents

Part 1 The Traditional and the 1999 FIDIC Conditions ofContract 1

1 Introduction to the FIDIC Conditions of Contract 3

1.1 Construction Contracts 31.2 The FIDIC Conditions of Contract 41.3 The Traditional FIDIC Conditions of Contract 51.4 The 1999 FIDIC Conditions of Contract 6

1.5 The MDB Harmonised Construction Contract 71.6 Social clauses 81.7 Contents of this book 8

2 Comparisons between the different FIDIC Conditions ofContract 10

2.1 The Traditional and the 1999 Conditions of Contract 102.2 The Traditional Red Book and the Conditions of Contract

for Construction 102.3 Comparison between the different 1999 Conditions of

Contract 13The Conditions of Contract for Construction(The Red Book) 14The Conditions of Contract for Plant and Design-Build(The Yellow Book) 14The Conditions of Contract for EPC/Turnkey Projects(The Silver Book) 16The Short Form of Contract (The Green Book) 18

The Contract for Dredging and Reclamation Works(The Blue Book) 20The MDB Harmonised Conditions of Contract forConstruction (The MDB Edition) 20

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3 The 1999 FIDIC Red and Yellow Books 22

3.1 Contents of the FIDIC Publication 22

3.2 Preparation of the Contract documents 243.3 The layout of the General Conditions 303.4 The sequence of construction operations 323.5 Preparation of the Particular Conditions 32

4 Claims and dispute procedures 35

4.1 Introduction 354.2 Claims and the Conditions of Contract 364.3 Claims by the Contractor 36

4.4 Claims by the Employer 414.5 The Dispute Adjudication Board (DAB) 424.6 Amicable settlement 444.7 Arbitration 444.8 The Courts 45

5 Flow charts 46

Fig. 1 Time periods in the Conditions of Contract 47

Fig. 2 Progress requirements 49Fig. 3 Errors in Employers requirements (YB only) 51Fig. 4 Design procedures (YB only) 52Fig. 5 Workmanship procedures 53Fig. 6 Procedures at Completion of Works 54Fig. 7 Procedures during Defects Notification Period 55Fig. 8 Procedures for advance payment 56Fig. 9 Payment procedures 57Fig. 10 Procedures for payment at Completion of Works 58Fig. 11 Procedures for final payment 59Fig. 12 Claims by the Contractor 60Fig. 13 Claims by the Employer 62Fig. 14 Procedures for disputes 63

Part 2 The FIDIC Conditions of Contract for Constructionand for Plant and Design-Build 65

6 Introduction to Part 2 67

7 Contents: General Conditions 69

8 Definitions listed alphabetically 75

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9 Clause 1: General Provisions 77

10 Clause 2: The Employer 103

11 Clause 3: The Engineer 111

12 Clause 4: The Contractor 120

13 Clause 5 (RB): Nominated Subcontractors 147

14 Clause 5 (YB): Design 151

15 Clause 6: Staff and Labour 159

16 Clause 7: Plant, Materials and Workmanship 166

17 Clause 8: Commencement, Delays and Suspension 174

18 Clause 9: Tests on Completion 189

19 Clause 10: Employers Taking Over 195

20 Clause 11: Defects Liability 201

21 Clause 12 (RB): Measurement and Evaluation 210

22 Clause 12 (YB): Tests after Completion 215

23 Clause 13: Variations and Adjustments 220

24 Clause 14: Contract Price and Payment 233

25 Clause 15: Termination by Employer 256

26 Clause 16: Suspension and Termination by Contractor 262

27 Clause 17: Risk and Responsibility 266

28 Clause 18: Insurance 273

29 Clause 19: Force Majeure 282

30 Clause 20: Claims, Disputes and Arbitration 288

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Part 3 Appendices 309

A1 General Conditions of Dispute Adjudication

Agreement 311A2 Annex: Procedural Rules 318A3.1 Index of Sub-Clauses in the Conditions of Contract for

Construction 321A3.2 Index of Sub-Clauses in the Conditions of Contract for

Plant and Design-Build 329A4 Annexes and Forms 337

Part 4 MDB Harmonised Edition of the FIDIC Conditions ofContract for Construction 355

31 The MDB Edition 35731.1 Introduction 35731.2 General changes 35831.3 Bank changes 35931.4 Other changes 36331.5 Changes in the Appendix 37731.6 Changes to Annex: Procedural Rules 37931.7 Changes to standard forms 379

Part 5 Sub-Clause comparison 381A comparison of Sub-Clause numbers between the fourthedition of The Red Book and the 1999 Conditions ofContract for Construction 383

Index 389

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Chapter 21

Clause 12 (RB): Measurement andEvaluation

Clause 12 in the Red Book is written for a remeasurement contract inwhich the Accepted Contract Amount is based on estimated quantitiesbut the Contractor is obliged to carry out all the work which is requiredby the Specification and Drawings and is paid for the actual quantitiesof work which he has executed. The Clause covers the procedures forthe measurement and evaluation of the Works that have been executed,or have been omitted by a Variation.

The Red Book is clear that the quantities in the Bill of Quantities areonly estimates. Hence any changes due to remeasurement are not

Variations, but are part of the original obligations of both Parties. If theEmployer, for his own internal accounting purposes, requires the addi-tional Cost due to changes in quantities to be confirmed by a Variationorder then this is just an administrative procedure and does not indicatethat the change is a Variation.

If the Contract is based on a lump sum, or is on a cost-plus or otherbasis, then Clause 12 must be omitted from the General Conditions andalternative arrangements included in the Particular Conditions. Sub-Clause 14.1 of the FIDIC Guidance for the Preparation of ParticularConditions includes recommendations for Contracts on a cost-plus orlump sum basis. If a Red Book Contract includes some lump sumitems then these must be paid from a Schedule of Payments as Sub-Clause 14.4.

Definitions at Sub-Clause 1.1 relevant to this Clause include:

1.1.1.7 (RB) Schedules1.1.1.10 (RB) Bill of Quantities1.1.4.2 Contract Price1.1.5.2 Goods

1.1.5.3 Materials1.1.5.4 Permanent Works1.1.5.8 Works1.1.6.9 Variation.

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12.1 (RB) Works to be MeasuredThe Works shall be measured, and valued for payment, in accordancewith this Clause.

Whenever the Engineer requires any part of the Works to be measured,reasonable notice shall be given to the Contractors Representative, whoshall:

(a) promptly either attend or send another qualified representative toassist the Engineer in making the measurement; and

(b) supply any particulars requested by the Engineer.

If the Contractor fails to attend or send a representative, the measurementmade by (or on behalf of) the Engineer shall be accepted as accurate.

Except as otherwise stated in the Contract, wherever any PermanentWorks are to be measured from records, these shall be prepared by theEngineer. The Contractor shall, as and when requested, attend toexamine and agree the records with the Engineer, and shall sign thesame when agreed. If the Contractor does not attend, the records shallbe accepted as accurate.

If the Contractor examines and disagrees the records, and/or does notsign them as agreed, then the Contractor shall give notice to the Engineerof the respects in which the records are asserted to be inaccurate. After

receiving this notice, the Engineer shall review the records and eitherconfirm or vary them. If the Contractor does not so give notice to theEngineer within 14 days after being requested to examine the records,they shall be accepted as accurate.

The procedures for measurement of the Works are given at Sub-Clause12.1 as follows.

. The Engineer decides that he requires a part of the Works to bemeasured and notifies the Contractor.

. The Contractor attends and assists the Engineer in making themeasurement.

. Alternatively, the Contractor fails to attend and the Engineers mea-surements are accepted as accurate.

If a part of the Works is to be measured from records of its constructionthen the details should be specified in the Tender documents. A similarprocedure applies in that the Engineer prepares the records and theContractor examines and agrees or disagrees with the records.

If the Engineer requires the Contractor to carry out the work for either

measurement or the preparation of records then this should be stated inthe Specification. In practice the Contractor often does play a greater partin this work than is required by the Contract. The Contractor is morelikely to have the staff and equipment available and some Contractors

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Clause 12 (RB): Measurement and Evaluation


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prefer to make the measurements themselves, rather than assist theEngineer. The Engineer will then check and confirm the Contractorsmeasurement.

The Contract does not stipulate any fixed periods or timing for themeasurement and this is a matter for the Engineer. The timing ofmeasurement notifications will depend on the progress of the Worksand the completion of convenient parts or items in the Bill of Quantities,although any work which is to be buried or covered up must be measuredbefore it is buried or covered. The Contractor will have notified theEngineer under Sub-Clause 7.3 before the Work is buried or covered up.

The measurement must be completed in time for the Contractor toprepare and submit his Statement at Completion, as Sub-Clause 14.10,

but does not have to be related to interim payments. The provision forinterim payments, at Sub-Clause 14.3, is based on the estimated valueof the Works executed and not on a final valuation. The estimatedvalue may be based on an interim or approximate measurement andwill be adjusted when the final measurement figures have been agreed.

12.2 (RB) Method of MeasurementExcept as otherwise stated in the Contract and notwithstanding local

practice:

(a) measurement shall be made of the net actual quantity of each item ofthe Permanent Works; and

(b) the method of measurement shall be in accordance with the Bill ofQuantities or other applicable Schedules.

The procedure for the actual measurement of the different work items canbe standardised for different projects and for consistency within a projectby the use of a published standard method of measurement. The FIDICConditions of Contract do not require the use of a standard method ofmeasurement but Sub-Clause 12.2 states that the method of measurementwill be in accordance with the Bill of Quantities or other applicableSchedules. If a standard method of measurement, such as the CivilEngineering Standard Method of Measurement published by The Insti-tution of Civil Engineers, is to be used then this requirement should bestated in the Particular Conditions.

Alternatively, the Bill of Quantities should include a detailed explana-tion of the method of measurement which will be used. For example, the

phrase net actual quantity needs to be explained. It will not mean theactual quantity which has been executed by the Contractor. Particularlyfor work below ground level, the Contractor may have providedadditional concrete, or carried out additional excavation, to suit his

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Index

Index by page numbers. Flow charts and Tables are indicated by italic page numbers,Definitions by initial capitals (except day and year) emboldened page numbers;RB means 1999 Red Book [Construction], YB is 1999 Yellow Book [Plant andDesignBuild], and MDB is Multilateral Development Banks Harmonised Conditions ofContract for Construction

acceleration of work 184Accepted Contract Amount 11, 80, 85,

233calculations 4sufficiency of 1334

access for inspection 167, 168

access route(s) 138access to Site, right of 1045

after Taking-Over 146, 207during Defects Notification Period

146, 207accident prevention officer 162, 163additional facilities 137additional work, decision on who pays 5addresses for communications 89adjoining area, problems originating

from 1323Adjudication Board 293303

see also Dispute Adjudication BoardAdjudicator, in Short Form of Contract

18, 20adjustments for changes in Cost 2302

deduction from interim Statement 240MDB changes 371

adjustments for changes in legislation22930

deduction from interim Statement 240MDB changes 371

advance payment 23740

deduction from interim Statement 240MDB changes 3712procedures for 56, 2389

Sub-Clauses associated with 69,2389

repayment of 23940advance payment guarantee 238, 239,

342advance working 17980Agreement

Contract 3, 78, 93, 945

in Short Form of Contract 19see also Contract Agreement

AIDS/HIV prevention (MDB) 3678alcoholic liquor Sub-Clause (MDB)

369amicable settlement 44, 3035

MDB changes 376payment after resolution by 251

Annexes for Forms of Securities andGuarantees 23, 30, 124

examples 33744Appendix to Tender 24, 78

changes for YB 349currency provisions 254example form 3468information required 5, 25, 84

adjustment data 230, 231communications 88, 89date(s) for access to Site 104, 105delay damages 185duration of Defects Notification

Period 201, 204insurance provision 276, 278

law and language 92payment provisions 238, 244percentage for overheads and profit

227working hours 161

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Appendix to Tender (continued)standard form 3469Sub-Clauses that refer to 25see also Contract Data (MDB)

application for Interim PaymentCertificates 2402

approvals, licences and permits,obtaining 101, 102, 1056

arbitration 5, 445, 3056MDB changes 377payment after resolution by 251

archaeological investigations 146arms and ammunition Sub-Clause

(MDB) 369as-built documents (YB) 1578, 191

assignment 95

6of benefit of subcontract 126MDB changes 377

assistance by Employer with Laws,permits, licences or approvals 105,106

assistants, Engineers 86, 11415Authorised Person, in Short Form of

Contract 19authorities, delays caused by 183avoidance of interference 1378

Bank (MDB Edition) 21, 359changes to sub-clauses related to 21,

35963inspections and audit by 359

bank guarantee 244Base Date 11, 79, 84Bid (MDB) 358Bill of Quantities 4, 78

estimates in 210method of measurement used (RB)

212Blue Book see FIDIC Form of Contract

for Dredging and ReclamationWorks

bonus/incentive for early completion185

Borrower (MDB Edition) 21, 359bribery, termination of Contract caused

by 2589by-laws, statutes, ordinances,

regulations and legislation,compliance with 1012

care and supply of documents 967MDB changes 363care of Works by Contractor 268cash flow benefits 249cash flow estimates 243, 246

CertificateFinal Payment 80

application for 2501issue of 252, 372(MDB)

Interim Payment 13, 81application for 2402issue of 238, 2445

Payment 81Performance 80, 208Taking-Over 80

issuing of 1959see also Final Payment Certificate;

Interim Payment Certificate;Payment Certificate; PerformanceCertificate; Taking-Over

Certificatecertificates, copies to be sent 8990cessation of work by Contractor 265child labour Sub-Clause (MDB) 370circumstance, meaning of term 291claims by Contractor 3641, 601, 28993

Sub-Clauses referring to 3941, 68,28990

claims by Employer 12, 412, 62, 10810MDB changes 364notice of 108, 109Sub-Clauses referring to 412, 68,

1089claims procedures 3542

sequence of procedures 37Clauses

grouping of 302listed 6974see also Sub-Clauses

clearance of Siteafter Performance Certificate 209after Taking-Over Certificate 145, 146

Client/Consultant Model ServicesAgreement (The White Book, 3rdedn, 1998) 6

climatic conditions, delay caused by 182coercive practice (MDB Edition) 362collusive practice (MDB Edition) 361Commencement Date 79, 85, 175Commencement of Works 1746commissioning tests (YB) 1789, 189, 190,

191communications 8891

addresses for 89electronic transmission of 88

language for 92completion of outstanding work 196,2023

completion of Works 1746clearing Site after 146

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definitions relevant to 174payment procedures at 58

Sub-Clauses referring to 68procedures at 54

Sub-Clauses referring to 68Statement at 24950Tests after 14, 80, 85, 86, 170, 21519Tests on 14, 80, 85, 86, 170, 18994Time for 79, 176

extension of 12, 1803, 370 (MDB)compliance with Laws 1012conciliation 44, 304conditions

of labour 160Unforeseeable physical 1347

Conditions of Contract 4need for revision 6preparation of Contract documents

2430see also FIDIC Conditions of Contract;

General Conditions; ParticularConditions

confidential details 100MDB changes 3634

construction contracts, typicalcomposition 34

contemporary records 164, 292

contingency sum, Provisional Sum as228

Contract 77definitions that depend on 85documents that form 34, 84, 85frustration of 287Sub-Clauses that refer to 27, 29

Contract Agreement 3, 78, 93, 945changes for YB 351definitions that depend on 85documents referred to in 84example form 350need for 30payment terms 233standard form 95, 103, 3501

Contract Data (MDB) 21, 358information required 363, 375

Contract documents 34, 84, 85preparation of 2430

Contract Price 80, 233, 2347adjustments for changes in Cost

2302adjustments for changes in legislation

22930definitions relevant to 234evaluation of (RB) 21314, 2356MDB changes 360payment in instalments 242

Contractor 79, 12046access route(s) used by 138access to Site, during Defects

Notification Period 207

care of Works by 268co-ordination by (YB) 128, 129defects notified by Employer to 2023definitions relevant to 1201direct instruction from Employer 220discharge submitted by 2512disclosure of confidential information

100electricity, water and gas used by 140Employers documents used by 100entitlement to reduce or suspend

work 245, 246, 262

3MDB changes 362entitlement to time extension or

additional payment 40environment protected by 140equipment and free-issue materials

provided to 12, 1402evidence of payments to nominated

Subcontractor (RB) 150failure to remedy defects 2056general obligations 1213

MDB changes 360

health and safety responsibilities1623

insurance cover 276measurement of Works by (RB) 21113non-recruitment of Employers

Personnel by 1601notice of event that may cause delay

or additional cost 3940, 180notice for inspection 168notice of intention to deliver 139objection to nomination of

Subcontractor (RB) 1489objection to Variation 221, 222, 223operation and maintenance manuals

(YB) supplied by 158Performance Certificate issued to 208prevented from carrying out Tests on

Completion 200profit claimed as well as cost 401programme submitted to Engineer 178progress reports 12, 98, 1424, 179provision of rights-of-way and

facilities 137

removal of defective work from Siteby 206responsibility unaffected by

Engineers approval 112responsibility for Works 1213, 268

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Contractor (continued )right of access to Site 1045

during Defects Notification Period207

risk allocation, in EPC/TurnkeyContract 16, 17

safety responsibilities 130samples submitted by 167setting out by 129Site data to be made available to 1313Site security responsibilities 1445superintendence by 163taxes, duties and fees paid by 101, 236termination by 107, 245, 246, 2635

MDB changes 362

payment on 265Tests on Completion to be carried outby 18992

to search (for cause of defects) 2078,218

transport of Goods or Plant by 1389value engineering proposal 224wage rates and conditions of labour

provided by 160Contractors claims 3641, 601, 28993

notice of 289, 290, 291Sub-Clauses referring to 3941, 68

Contractors design (RB) 14, 16, 121, 122,273

Contractors design (YB) 14, 1518definitions relevant to 152general design obligations 1523professional indemnity insurance for

273Contractors Documents 82, 1546 (YB)

care and supply of 96Employers use of 99100errors in 158insurance for 277

Contractors Equipment 81, 83, 139insurance for 2779records 164removal from Site 145, 209, 265

Contractors liabilitycessation of 208, 253limitation of 2712

Contractors obligationsgeneral obligations 1213Tests on Completion 18992

Contractors operations on Site 1456

Contractors Personnel 79, 164, 267facilities for 162health and safety provisions 1623insurance for 2801Laws applicable to 161

records 164working hours 1612

Contractors Proposal (YB) 4, 83, 351on Plant, Materials and workmanship

166requirements for tests 216

Contractors quality assurance system1301

Contractors Representative 79, 85, 1246attendance at Management Meeting

required by Engineer 118MDB changes 366replacement of 126requirements 125, 126

Contractors Statement 1434, 240, 241,

242deductions to be listed 246, 248Contractors Tender 3Contractors undertaking 156co-operation 1279co-ordination by Contractor (YB) 128,

129copyright

claims for infringement of 2701in Contractors Documents 99in Employers documents 100

corrupt practice (MDB Edition) 361

Cost 80adjustments for changes in 2302

MDB changes 371cost-plus contracts 210costs of remedying defects 2034Country 82, 85, 86Courts, dispute referred to 45covering up of work

inspection before 168measurement before 212

currencies of payment 2267, 2535MDB changes 373

DABdefinition 79see also Dispute Adjudication Board

damage to property, insurance against27980

damages, meaning of term 185data on conditions at Site 1313day, definition 80, 175days-of-rest Sub-Clause (MDB) 370daywork 2289

Daywork Schedule 78, 228DB see Dispute Boarddefault of Contractor

notice of 2567termination caused by 206, 258

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default of Employersuspension of work caused by 245,

246, 2623termination caused by 107, 245, 246,

264defective work, removal of 206defect(s)

Contractor to search for cause of2078, 218

costs of remedying 2034failure to remedy 2056meaning of term under YB 202notified by Employer to Contractor

2023remedying 2023

defects liability 201

9definitions relevant to 202Defects Liability Period see Defects

Notification PeriodDefects Notification Period 11, 80

delay of Tests on Completion 200duration stated in Appendix to Tender

201, 204extension of 2045, 206procedures during 55, 2023

Sub-Clauses referring to 69right of access to Site during 146, 207

defined terms/words 834further information required 84

definitions 7782additional 867and date for submission of Tender 84listed alphabetically 756MDB Edition 358, 359, 363Red Book only 148Yellow Book only 823

delay, duty to minimise effect of ForceMajeure 2845

delay damages 1845, 198delayed Drawings or instructions (RB)

97, 989delayed payment 2467delayed Tests after Completion (YB)

21617delayed Tests on Completion 192delays caused by authorities 12, 183delegation by Engineer 11415Demand Guarantee (Performance

Security) 340design by Contractor (RB) 14, 16, 121,

122design by Contractor (YB) 14, 1518definitions relevant to 152general design obligations 1523

design by Employer (RB) 14, 16

design error (YB) 158design procedures (YB) 52, 155

Sub-Clauses referring to 68determinations by Engineer 37, 11718

on Contractors claim 2923situations suitable for immediate 378timing 118

development banks, as ParticipatingBanks in MDB Edition 357

direct negotiation (to settle dispute) 44,304

discharge by Contractor 2512disorderly conduct provisions 1645disposal of material, royalties for 173dispute, definition 389, 301

Dispute Adjudication Agreement 43,298, 311default of DAB Member(s) 316

MDB changes 3789definitions 311disputes arising 316

MDB changes 379duties of DAB Member(s) 31617General Conditions 31117

amendments 30general obligations of DAB Member(s)

31213

general obligations of Employer andContractor 31314

MDB changes 3778general provisions 31112

MDB changes 377MDB changes 3779payment of DAB Member(s) 31415

MDB changes 378procedural rules 31820

changes in MDB Edition 320, 379standard forms

one-person DAB 352three-person DAB 353

termination of 316warranties 312

Dispute Adjudication Board (DAB) 5, 12,13, 79, 293303

ad hoc DAB 295appointment of 2939

MDB changes 3756comparison of 1999 Red and Yellow

Books 15, 2935default of Member(s) 316

duties of Member(s) 31617Engineer as one-person DAB 3023expiry of appointment 298, 307failure to agree 299300

MDB changes 376

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Dispute Adjudication Board (DAB)(continued )

failure to comply with DABs decision307

MDB changes 377full term DAB 295

Site visits by 320general obligations of Member(s)

31213implementation of DABs decision

2956, 302MDB changes 3757obtaining DABs decision 3003

MDB changes 376one-person DAB 30, 42, 293, 294,

296

7operation during Defects NotificationPeriod 202

payment after resolution by 251procedural rules 302, 31820

changes for MDB Edition 320, 379changes for YB 320

remuneration of Member(s) andexperts 293, 294, 298, 300, 31415

for ad hoc DAB 301replacement of Member(s) 293, 294selection of Member(s) 43, 85, 293, 294,

2967MDB changes 375

termination of appointment ofMember(s) 294, 295

and termination disputes 260three-person DAB 30, 42, 293, 294, 296timing of appointment 296training courses for Members 297

Dispute Board (DBMDB Edition) 21, 358,3759

appointment of 3756default of Member(s) 3789failure to agree on composition of 376failure to comply with DBs decision

377obtaining DBs decision 376remuneration of Member(s) 378

Dispute Board Agreementdefault of DB Member(s) 3789disputes arising 379general obligations of Employer and

Contractor 3778general provisions 377

payment of DB Member(s) 378dispute procedures 425, 63definitions relevant to 289Sub-Clauses referring to 68, 297303

Dispute Review Board (DRB) 42

documentsas-built (YB) 1578care and supply of 967

MDB changes 363

Contractors use of Employers 100Contractors (YB) 82, 1546

Employers use of 99100copying to other Party 8991date of receipt 88Employers use of Contractors 99100priority of 934

MDB Edition version 359see also Contractors Documents;

Employers documentsDrawings 4, 78

additional or modified 115, 116care and supply of 96delayed (RB) 97, 989mistakes to be reported 96

dredging, FIDIC Form of Contract for 7,20

drinking water supply (MDB) 369drugs Sub-Clause (MDB) 369

early warning notice 180electrical and mechanical plant,

Contractors design (YB) 14

electrical and mechanical works,Employers design (RB) 14

electricity, water and gas 140electronic transmission of

communications 88Employer 78, 10319

actions after Contractors failure toremedy defects 2056

approval to Performance Security 241,244

assistance to Contractor in obtainingpermits, licences and approvals1056

Contractors Documents used by99100

defects or damages notified by 2023definitions relevant to 1034delay caused by 1823direct instruction to Contractor 220entitlement to termination for

convenience 2601MDB changes 373

equipment and free-issue materials

provided by 12extension of Defects NotificationPeriod 2045

failure to issue Interim PaymentCertificate 245

394



20/30

financial arrangements 1078MDB changes 35960

insurance cover 276interim payments by 244, 246

involvement in EPC/TurnkeyContract 1617

obligation(s) 46payment by 246

MDB changes 3601right of access to Site given to

Contractor 1045setting-out information from 129Site data to be made available to

Contractor 1313taking over by 195200

definitions relevant to 195temporary use of part of Works by 198termination by 25661

MDB changes 373Employers claims 12, 412, 62, 10810,

260MDB changes 364notice of 108, 109Sub-Clauses referring to 412, 68,

10910, 260Employers design 14, 16Employers documents, Contractors use

of 100Employers Equipment 82, 86

use by Contractor 1402Employers Letter of Acceptance 34Employers liability

cessation of 2523limitation of 2712in Short Form of Contract 1920

Employers payment guarantee 108example form 344

Employers Personnel 79, 83, 1067, 267Engineer and staff designated as

1213, 106, 115, 288facilities for 162inspection by 1679non-recruitment by Contractor 1601programme used by 17980training by Contractor (YB) 157

Employers Representative, in ShortForm of Contract 19

Employers Requirements (EPC/Turnkey Contract) 17

Employers Requirements (YB) 4, 82,

215, 352on as-built documents 158compliance checked during Tests after

Completion 191designers criteria stated in 153

errors in 15, 51, 67, 978, 99, 153Sub-Clauses referring to 67

on operation and maintenancemanuals 158

on Plant, Materials and workmanship166

priority over Contractors Documentsand Proposal 94, 155

programme requirements 178requirements for tests 216on staff and labour provision 160Sub-Clauses that may be amplified in

28Sub-Clauses that refer to 27on training 157

Employers risks 268

9consequences 26970MDB changes 373

employment records of workers (MDB)370

engagement of staff and labour 15960MDB changes 367

Engineer 79, 11119to act for Employer 12, 112, 113, 201,

288attendance at Management Meeting

required by Contractor 118

checking on payments to nominatedSubcontractor (RB) 150

Contractors equivalent to 1246definitions relevant to 112delegation by 11415determinations 37, 11718

on Contractors claim 2923situations suitable for immediate

378timing 118

dispute settled by 3023, 304duties and authority 1213, 11214

MDB changes 3645Employers approval required to be

obtained by 113inspection by 1689as one-person Dispute Adjudication

Board 3023as part of Employers Personnel 1213,

106, 11214, 115, 288Performance Certificate issued by 208programme submitted by Contractor

178

replaced by Employersadministration, in EPC/TurnkeyContract 17

replacement of 11617MDB changes 365

395

Index


21/30

Engineer (continued )role of 12, 111, 112samples submitted to 167Taking-Over Certificate issued by

195200Engineers assistants 86, 11415

as part of Employers Personnel 106Engineers instruction 94, 11516

on acceleration of work 184for Contractor to search for cause of

defects 2078on error in Employers Requirements

(YB) 153on purchase of Plant, Materials or

services 148, 227

as Variation 220, 227Engineers Representative 86environment

protection of 140MDB changes 367

EPC (Engineering, Procurement andConstruction) or Turnkey Projects,Conditions of Contract for 7, 1618

evaluation (RB) 21314MDB changes 3701

event, meaning of term 291evidence of payments to nominated

Subcontractor (RB) 150execute and complete, meaning of

phrase 122extension of Defects Notification Period

2045, 206extension of Time for Completion 12,

1803

facilities, additional 137facilities outside the Site 137facilities for staff and labour 162failure to pass Tests after Completion

(YB) 21819failure to pass Tests on Completion

1934failure to remedy defects 2056festivals Sub-Clause (MDB) 370FIDIC 79FIDIC Conditions of Contract 45

1999 set 67comparison between various 1999

Conditions of Contract 1321comparison with traditional FIDIC

Conditions of Contract 1013,111, 203, 222, 224, 3838see also FIDIC Conditions of

Contract for Construction;FIDIC Conditions of Contract

for EPC/Turnkey Projects;FIDIC Conditions of Contractfor Plant and DesignBuild

contents 224

General Conditions 45layout 302

Particular Conditions 4Guidance for preparation of 23preparation of 26, 324Sub-Clauses that refer to 26

preparation of Contract documents2430

see also traditional FIDIC Conditions ofContract

FIDIC Conditions of Contract for

Construction (1999 Red Book) 4, 7,14, 77126, 12750, 159214, 220307comparison with Short Form of

Contract 1920comparison with traditional Red

Book 1013clause-by-clause comparison 111,

183, 3838comparison with 1999 Yellow Book

1415, 195index of Sub-Clauses 3218Multilateral Development Banks

Harmonised Edition (MDBEdition, 2005) 78, 201, 35780

see also main entry: MDB EditionFIDIC Conditions of Contract for EPC

(Engineering, Procurement andConstruction) or Turnkey Projects(1999 Silver Book) 7, 1618

comparison with Plant andDesignBuild Contract 1718

risk allocation in 16, 17FIDIC Conditions of Contract for Plant

and DesignBuild (1999 YellowBook) 4, 7, 1416, 77126, 12746,151209, 215307

comparison with EPC/TurnkeyContract 1718

comparison with 1999 Red Book1415, 195

comparison with traditional OrangeBook 14, 383

index of Sub-Clauses 32936FIDIC Conditions of Subcontract for

Works of Civil Engineering

Construction (1st edn, 1994) 127FIDIC Contracts Guide (2000) 7on Dispute Adjudication Board 295on insurance 273on Tender procedures 18, 30

396



22/30

FIDIC Form of Contract for Dredgingand Reclamation Works (BlueBook) 7, 20

FIDIC Guidance for the Preparation of

Particular Conditions 23, 33on advance payment 240Annexes 23, 124, 33744on Base Date 84on confidential details 100on Contract Agreement 95on Contractors Equipment 139on cost-plus contracts 210on currency 86, 255on Dispute Adjudication Board 296,

297, 3023

on early-completion incentive/bonus185on insurance requirements 276on lump-sum contracts 210, 236payment provisions 233, 236, 237on Plant, Materials and workmanship

166on reasonable profit 878on Retention Money 249on selection of DAB Members 43, 297on site security 144

FIDIC publications 6

FIDIC Short Form of Contract (1999Green Book) 7, 1820

comparison with 1999 Red Book1920

FIDIC Subcontract see FIDIC Conditionsof Subcontract

FIDIC Tender procedures 30final payment

procedures for 59Sub-Clauses referring to 68

Final Payment Certificate 80application for 2501issue of 252

MDB changes 372Final Statement 80, 250, 251financial arrangements

Employers 1078MDB changes 35960

financing charges 239, 247first aid facilities 162flow charts 4663foodstuffs supply (MDB) 369Force Majeure 12, 2827

consequences 2856MDB changes 374definition 82, 2823

MDB changes 374examples 283

minimising delay due to 2845notice of 284

MDB changes 374optional termination caused by 2867

MDB changes 375other definitions relevant to 282Subcontractor affected by 286

forced or compulsory labour,prohibition of (MDB) 370

Foreign Currency 81, 253foreign personnel (MDB) 3689Foreword to 1999 Conditions of Contract

23Forms 234

examples 34553

MDB changes 380fossils 146fraudulent practice (MDB Edition) 362free-issue materials supplied by

Employer to Contractor 12, 1402frustration of Contract 287funeral arrangements (MDB) 370further tests 206

gas, electricity and water 140General Conditions 45, 6974

changes from Traditional to 1999

Contract 11of Dispute Adjudication Agreement

31117general design obligations, Contractors

design (YB) 1523general obligations, Contractors 1213General Provisions 69, 77102Goods 11, 81

retention on Site during DefectsNotification Period 145, 146

shortage of, delay caused by 182transport of 1389

governing law 92governmental action, shortages caused

by 182Green Book see FIDIC Short Form of

Contractground requiring reinstatement 200Guidance for the Preparation of

Particular Conditions see FIDICGuidance...

health and safety 1623

MDB changes 3678HIV/AIDS prevention (MDB) 3678hours of work 1612

import licences, obtaining 102

397

Index


23/30

incentive/bonus for early completion 185indemnities 36, 1378, 2667

MDB changes 373Sub-Clauses covering 2668

industrial property rights, claims forinfringement of 2701

inflation provisions 2302injury to persons, insurance against

27980insect nuisance measures (MDB) 369insolvency, termination of Contract

caused by 2589inspection 1679Institution of Civil Engineers,

Conciliation Procedure 304

instructions or Drawings, delayed (RB)97, 98instructions of Engineer 94, 11516

on acceleration of work 184for Contractor to search for cause of

defects 2078on error in Employers Requirements

(YB) 153oral instructions not permitted (YB)

1556on purchase of Plant, Materials or

services 148, 227

as Variation 220, 227insurance 27381

against injury to persons and damageto property 27980

for Contractors Personnel 2801definitions relevant to 2734during suspension of work 188general requirements 2747

MDB changes 3623for Works and Contractors

Equipment 2779intellectual property rights

claims for infringement of 2701in Contractors Documents 99in Employers documents 100

interferenceavoidance of 1378with Tests on Completion 199200

Interim Payment Certificate(s) 13, 81application for 2402during disputes procedure 251failure of Employer to issue 245issue of 238, 2445

interim payments 244, 246interim Statement 240, 241, 242International Chamber of Commerce

(ICC)Arbitration Rules 44, 306

guides on forms of security 124, 337Uniform Rules 337

International Federation of ConsultingEngineers see FIDIC

interpretationof Conditions of Contract 879MDB Edition version 358of Site data 132

interpreters (MDB) 366Invitation to Tender 84

joint and several liability 102

labour laws 161labour and staff 15965

additional Sub-Clauses in MDBEdition 36870definitions relevant to 159engagement of 15960

MDB changes 367facilities for 162Laws applicable 161wage rates and conditions 160

MDB changes 367working hours 1612

language 912, 923MDB changes 363

language for communications 92MDB changes 363

latent defects 209law 91, 92

governing 92MDB changes 363

Laws 82compliance with 1012labour 161

Laws of the Countryadjustments for changes in 22930co-ordination of standard Contract

with 334and ownership of Plant and Materials

172legislation

adjustments for changes in 22930MDB changes 371

Letter of Acceptance 34, 78, 84, 175currencies of payment 254definitions that depend on 85documents referred to in 84, 934insurance agreed before issue of 274,

275, 280Sub-Clauses referring to 93, 94, 95,174

Letter of Tender 78, 845currency provisions 254

398



24/30

reference to 84standard form 30, 945, 254, 297, 345

Letter to Bid (MDB) 358liability

cessation of Contractors 208, 253cessation of Employers 2523

joint and several 102limitation of 2712

MDB changes 374unaffected by insurance 275, 2767

licences, permits and approvals,obtaining 101, 102, 1056

Local Currency 81, 253, 254, 255lump sum contracts 14, 210, 233, 236lump sum price, breakdown of 236

maintenance, Employers responsibility202, 204

maintenance manuals (YB) 158Maintenance Period see Defects

Notification PeriodManagement Meeting(s) 87, 11819manner of execution 1667Materials 81

extension of Defects NotificationPeriod for 2045

increase in price of single material 232

insurance for 277manner of production and

manufacture of 1667ownership of 172payment for 2434

on suspension of work 1867purchase from nominated

Subcontractor 148, 227royalties for 172, 173samples 167

materials supplied by Employer 141MDB Edition (of FIDIC Conditions of

Contract for Construction) 78, 201,35780

bank changes 35963dispute procedures 39, 288on evaluation 214general changes 3589insurance requirements 273, 3623other changes 36377Participating Banks 357social clauses 8, 360, 3612, 36770

measurement and evaluation (RB) 21014

definitions relevant to 210measurement of Works (RB)method 21213procedure 21112

mediation 44, 304

medical facilities 162, 163minor or incidental work, daywork rates

for 229minor outstanding work and defects

196, 200mobilisation, advance payment for 239Multilateral Development Banks

Harmonised Conditions of Contractfor Construction 78, 201, 35780

see also MDB Edition

negotiation, direct 44, 304net actual quantity, meaning of term

21213nominated Subcontractor (RB) 31,

147

50definition 148definitions relevant to 148Engineers instruction to use 148, 227evidence of payments to 150objection to nomination 1489payments to 14950

nominated Subcontractor (YB) 15, 31,127

non-Performance damages 21819notice of Commencement Date 175, 178notice of Contractors claim 289, 290, 291

notice of dissatisfaction with DABdecision 302

notice of Employers claim 108, 109notice of event(s) that may cause delay

or additional cost 3940, 97, 98, 180notice of Force Majeure 284

MDB changes 374notice for inspection/testing 168, 170notice of intention to deliver 139notice for Taking-Over Certificate 195,

197notice of termination 258, 259, 264notice for Tests on Completion 191notice to correct 2567notices

addresses for 89copies to be sent 901

objection to nomination of Subcontractor(RB) 1489

obligationsafter Performance Certificate 2089general

Contractors 1213Contractors design (YB) 1523MDB changes 360

unaffected by insurance 275, 2767unfulfilled 2089

399

Index


25/30

omissions of work 214valuation of 214, 226

operation and maintenance manuals(YB) 158, 191

optional terminationdue to Force Majeure 261, 2867

MDB changes 375by Employer for convenience 2601

MDB changes 373Orange Book see traditional FIDIC

Conditions of Contract forDesignBuild and Turnkey

ordinances, regulations, by-laws,statutes and legislation, compliancewith 1012

other Contractors, co-operation with128outstanding work, completion of 196,

2023overheads and profit percentage, in

Appendix to Tender 227Owner see Employerownership of Plant and Materials 172

parent company guarantee 102example form 338

Particular Conditions 4

on access to Site 105, 145on advance payments 239on arbitration procedure (MDB) 377guidance for preparation of see FIDIC

Guidance for the Preparation ofParticular Conditions

matters to be addressed in 33MDB changes 358, 379on method of measurement (RB) 212none in Short Form of Contract 19preparation of 26, 324programme requirements 178on progress reports 143on Provisional Sum 228provisions for measurement and

evaluation (YB) 237on requirements for Engineer to

obtain Employers approval 113on Site safety 130on Site security 144Sub-Clauses that refer to 26sub-surface conditions risk allocation

137

on wage rates and conditions oflabour provided by 160on work to be completed 176

parts of the Works, taking-over of 1979Party 78

patent rights, claims for infringement of2701

payment(s)advance 23740

MDB changes 3712after termination by Contractor 265after termination by Employer 25960currencies of 2267, 2535

MDB changes 373daywork basis 2289definitions relevant to 234delayed 2467by Employer 246

MDB changes 3601to nominated Subcontractor (RB)

149

50evidence of 150for Plant and Materials 2434

in event of suspension of work1867

Retention Money 217, 2479MDB changes 372

Schedule of Payments (YB) 83, 2423on termination by Contractor 265

MDB changes 373on termination by Employer 25960

Payment Certificate 81

payment guarantee by Employer 108standard form 344

payment procedures 57advance payment 2389at Completion of Works 58Sub-Clauses referring to 68

Performance Certificate 80, 208clearance of Site after 209Final Statement submitted after 251obligations after issue of 2089

performance of the Contract, releasefrom 287

Performance Security 82, 1234approval by Employer 241, 244claims by Employer under 124example forms 124, 238, 3401Interim Payment Certificate issued

after receipt of 124, 239, 244MDB changes 3656returned to Contractor 124, 265time allowance for delivery 124, 238see also Demand Guarantee; Surety

Bond

performance tests (YB) 190, 191as Tests after Completion 201Permanent Works 81

Plant and Materials intended for 2434permissions, obtaining 101

400



26/30

permits, licences and approvals,obtaining 101, 102, 1056

PersonnelContractors 79, 164, 267

disorderly conduct by 1645Employers 79, 83, 1067, 267, 288foreign (MDB) 3689shortage of, delay caused by 182see also main entries: Contractors

Personnel; Employers Personnelpersons in service of Employer,

non-recruitment by Contractor1601

pest nuisance measures (MDB) 369physical conditions

meaning of term 135unforeseeable 1347planning permission, obtaining 101Plant 81

extension of Defects NotificationPeriod for 2045

manner of manufacture of 1667purchase from nominated

Subcontractor 148, 227removal from Site for repair 206transport of 1389

Plant and Materials

insurance for 277ownership of 172payment for 2434

on suspension of work 1867Plant and Materials intended for the

Works 2434MDB changes 372

Plant, Materials and workmanship16673

definitions relevant to 166possession of Site 1045pre-commissioning tests (YB) 190, 191price

used in evaluation 213see also Contract Price

price certainty, in EPC/TurnkeyContract 16, 18

priority of documents 934MDB Edition version 359

professional indemnity insurance 273profit

in Contractors claim 401, 88FIDIC guidance on 878

see also overheads and profitpercentageprogramme 15, 17680

revised 179progress, rate of 1834

progress reports 12, 98, 1424and Contractors Statement for interim

payments 1434, 240, 242format 143

progress requirements 4950Sub-Clauses referring to 67

prolonged suspension of work 187protection of environment 140

MDB changes 367Provisional Sum(s) 81, 85, 86, 2278public authorities, delays caused by

183

quality assurance provisions 12, 1301

rate, used in evaluation 213reasonable profit, FIDIC guidance on878

reclamation works, FIDIC Form ofContract for 7, 20

recordscontemporary 164, 292Contractors Personnel and Equipment

164employment (MDB) 370

Red Book1999 version see FIDIC Conditions of

Contract for Constructiontraditional version see traditional

FIDIC Conditions of Contract forWorks of Civil EngineeringConstruction (4th edn, 1987)

reduction of rate of work, Contractorsentitlement to 245, 246, 2623

registered design, claims forinfringement of 2701

regulations, by-laws, statutes,ordinances and legislation,compliance with 1012

reinstatement, ground or surfacesrequiring 200

rejection 1701religious customs Sub-Clause (MDB)

370remeasurement contract 14, 210remedial work 1712remedying defects 2023

costs 2034removal of defective work from Site

206

repairsCost as Variation 203further tests after 206

replacement of Engineer 11617MDB changes 365

401

Index


27/30

reports of progress by Contractor 12, 98,1424, 179

and Contractors Statement for interimpayments 1434, 240, 242

format 143Representative

Contractors 79, 85, 1246MDB changes 366

Engineers 86Resident Engineer 86, 114responsibility unaffected by Engineers

approval 112responsibility unaffected by insurance

275, 2767responsibility for Works 1213

resumption of work after suspension1878Retention Money 81

deduction from interim Statement240

payment of 217, 2479MDB changes 372

Retention Money guarantee, exampleform 249, 343

retestingTests after Completion (YB)

21718

Tests on Completion 1923revised programme 179right of access to Site 1045

during Defects Notification Period146, 207

right to vary 15right to vary (RB) 221, 222right to vary (YB) 2223rights

intellectual propertyin Contractors Documents 99in Employers documents 100

rights-of-way and facilities, provision byContractor 137

risk allocation, in EPC/TurnkeyContract 16, 17

risksEmployers 2689

consequences 26970MDB changes 373

risks and responsibilities 26672definitions relevant to 266

routes, access 138

routine maintenance, Employersresponsibility 202, 204royalties 1723rubbish, removal from Site 145, 209ruling language 92

safety and health 1623MDB changes 3678

safety implications of Variations 223safety procedures 130

safety statistics 142, 163samples 167Schedule of Guarantees (YB) 83, 2423

compliance checked during Tests afterCompletion 191

and Variation 222, 223Schedule of Payments (YB) 83, 2423Schedules

breakdown of lump sum prices in(YB) 236

definition (RB) 11, 78

definition (YB) 83other definitions that depend on 856Sub-Clauses that refer to 28

search (for cause of defects), Contractorto 2078, 218

Section(s) 81Completion of 176failure to pass Tests on Completion

after retesting 1934taking-over of 1957

Security, Performance 82, 1234security of Site 1445

sequence of construction operations 32flow charts covering 4663

setting out 129sexually transmitted diseases/infections

prevention (MDB) 368shared possession of Site 105Short Form of Contract (1999 Green

Book) 7, 1820shortage of personnel or Goods, delay

caused by 182Silver Book see FIDIC 1999 Conditions

of Contract for EPC/TurnkeyProjects

Site 82, 86, 105clearance of

after Performance Certificate 209after Taking-Over Certificate 145,

146Contractors Equipment removed

from 145, 209, 265Contractors operations on 1456right of access to and possession of

1045

security of 1445Site data 1313and Yellow Book Contract 132

Site investigation, usefulness 137social clauses 8

402



28/30

Specification (MDB) 363Specification (RB) 4, 78

care and supply of 96definitions that depend on 856

programme requirements 178on staff and labour provision 160Sub-Clauses that may be amplified in

28Sub-Clauses that refer to 27

staff and labour 15965additional Sub-Clauses in MDB

Edition 36870definitions relevant to 159engagement of 15960

MDB changes 367

facilities for 162Laws applicable 161wage rates and conditions 160working hours 1612

standard Conditions of Contract,advantages of using 4

standard formsAppendix to Tender 3469Contract Agreement 95, 103, 3501Dispute Adjudication Agreement

3523Forms of Security 33744

Letter of Tender 945, 345MDB changes 37980

standard method of measurement 212Statement 81

Contractors 1434, 240, 241, 242, 248Final 80, 250, 251interim 240, 241, 242

Statement at completion 24950statutes, ordinances, regulations,

by-laws and legislation, compliancewith 1012

Sub-Clausesindex of 30, 87

for RB 3218for YB 32936

listed 6974subcontract, assignment of benefit of 126Subcontractor(s) 79, 85, 86, 1267

Force Majeure affecting 286MDB changes 3667nominated (RB) 31, 14750nominated (YB) 15, 31, 127termination of Contract caused by

258substantial completion, meaning of term196, 197

sub-surface conditions risk allocation137

sufficiency of Accepted ContractAmount 1334

superintendence by Contractor 163Surety Bond (Performance Security)

341surfaces requiring reinstatement 200surplus material, removal from Site 145,

209suspension of work 1856

consequences 186Contractors entitlement to 245, 246,

2623MDB changes 362

definitions relevant to 262effect on Defects Notification Period

dates 204payment for Plant and/or Materials inevent of 1867

prolonged 187resumption of work after 1878

Taking-Over Certificate 80, 1959clearance of Site after 145, 146Contractor to supply as-built

drawings prior to 158issuing of

for parts of the Works 1979

for Works or Sections 1957reinstatement not covered by 200Retention Money paid after issue of

248, 249Statement at completion issued after

250Tests on Completion prior to 191

taking-over of parts of the Works1979

taking-over of Works and Sections1957

Defects Notification Period after 201taxes, duties and fees, payment by

Contractor 101, 236technical documents 4technical standards and regulations (YB)

1567Temporary Works 82

removal from Site 145, 209for safety provisions 130, 145

Tender 3, 78basis of 132, 134date of submission, definitions that

depend on 84invitation to 84see also Appendix to Tender; Bid

(MDB); Letter of TenderTender security, example form 339

403

Index


29/30

termination by Contractor 2635definitions relevant to 262due to default of Employer 107, 245,

246, 264

MDB changes 362payment on 265

termination by Employer 25661for convenience of Employer 2601

MDB changes 373definitions relevant to 256due to default of Contractor 206,

258entitlement to 2601notice required 258optional

after Force Majeure 261, 286

7at convenience of Employer 2601payment after 25960reasons for 2589valuation at date of 259

testing 16970tests, further 206Tests after Completion (YB) 14, 80, 85,

86, 170, 21519comparison with Tests on Completion

215definitions relevant to 215

delayed 21617failure to pass 21819performance tests specified as 201procedure for 21516repeating after failure 21718Retention Money paid after 249

Tests on Completion 14, 80, 85, 86, 170,18994

after taking over part of Works 199comparison with Tests after

Completion 215Contractors obligations 18992definitions relevant to 189delayed 192failure to pass 1934interference with 199200repeating 1923timing of 190, 191, 200

third-party insurance 27980time certainty, in EPC/Turnkey Contract

16, 18Time for Completion 79, 176

extension of 12, 1803

climatic conditions causing 182Employer causes 1823MDB changes 370shortages of personnel or Goods

causing 182

Sub-Clauses relevant to 1812start of 175

time for payment 246time periods in Conditions of Contract

478Sub-Clauses referring to 67

trade mark, claims for infringement of2701

traditional FIDIC Conditions of Contract56

Client/Consultant Model ServicesAgreement (The White Book, 3rdedn, 1998) 6

comparison with 1999 Contracts1013, 111, 203, 222, 224, 288, 3838

Conditions of Contract forDesignBuild and Turnkey (TheOrange Book, 1st edn, 1995) 6

comparison with 1999 YB 14, 383Conditions of Contract for Electrical

and Mechanical Works (TheYellow Book, 3rd edn, 1987) 5

Conditions of Contract for Works ofCivil Engineering Construction(The Red Book, 4th edn, 1987) 4,5

comparison with 1999 RB 1013, 111,

183, 3838Subcontract for use with 127

training of Employers Personnel byContractor (YB) 157

transport of Goods 1389trial operation (YB) 178, 179, 189, 190,

191turnkey projects, Conditions of Contract

for 7, 1618

Unforeseeable, definition 82, 84Unforeseeable Cost, Variation caused by

128Unforeseeable physical conditions 1347unfulfilled obligations 2089UNICITRAL Arbitration Rules 306

valuationat date of termination 259Sub-Clauses involving 40

value engineering provisions 12, 15,2234

Variation(s) 82, 2213

Contractors proposal prior to 225Cost of repair as 203delay caused by 1812Engineers Drawing or instruction

(YB) as 116

404



30/30

Variation(s) (continued )Engineers instruction as 220evaluation of

Contractors proposal 2256

currency provisions 2267procedure 2256safety implications 223value engineering proposal as 224YB definition 83

variations and adjustments 22032definitions relevant to 221

wage rates and conditions of labour160

MDB changes 367

water, gas and electricity 140water supply (MDB) 369White Book see traditional FIDIC

Client/Consultant Model ServicesAgreement

workers employment records (MDB)370

working hours 1612

workmanship procedures 53Sub-Clauses referring to 69

Works 82Commencement of 1746

Contractors care of 268extension of Defects Notification

Period for 204failure to pass Tests on Completion

after retesting 1934insurance for 2779manner of execution of 1667measurement of (RB) 21113taking-over of 1957taking-over of parts 1979see also Completion of Works

wreckage, removal from Site 145, 209

year, definition 80Yellow Book see FIDIC 1999 Conditions

of Contract for Plant andDesignBuild; traditional FIDICConditions of Contract for Electricaland Mechanical Works

405

Index