T h e Contractor shall obtain the consent of the Engineer as to their size, the referencing system, and other relevant details. Pri or to the issue of any Taking-Over Cert ifi cate, the Contractor shall supply to the. The Wor k s shall not be considered The Works s hal l not be considered to be com pleted for the pu rposes of tak i ng-over under Sub-Clause 1 0.
If errors , om issions, am big u ities, inconsisten cies, inadequacies or other defects are found in the Contractor's Docu ments, they and the Wo rks shall be co rrected at the Contractor' s cost, notwithstand ing a n y consent or ap proval u nder this Clause. Except as otherwise stated in the Employer's Req uirements , the Contractor shal l make ar r angements for the en gagement of all staf f and labour, local or otherwise , and for their payment , housing , feed ing and transport.
The Contracto r shall pay rates of wages , n a d observe conditio ns of labour, which are not lower than those establish ed for the trade or i nd ustry where th e work is carri ed out. If no established rates or conditions are applicable , the Contractor shal l pay rates of wages and obser ve cond itions which are not lower than the gen eral level of wages and cond itions obser ved locally by employers whose trade or industr y is similar to. The Contractor shall not recruit, or attempt to recruit, staf f and labour from amongst.
The Contractor shall com ply with all the relevant labour Laws applicable to the Contractor ' s Personnel, including Laws relating to their em ployment, health , safety, welfare, imm ig ration and em ig ration , and shal l allow th em all their legal rig hts.
The Contractor shall require his employees to obey all applicable Laws, including th ose concerning safet y at wor k. Except as otherwise stated in the Employer's Requirements, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the. Contractor's Personnel. The Contractor shall also provide facilities for the Employer's Personnel as stated in the Employer' s Requirements. Contractor's and Employer's Personnel, and that suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics.
The Contractor shall appoint an accident prevention officer at the Site, responsible for. T h is person shall be qualifi ed for this responsibilit y, and shall have the authority to issue instructiops and take protective measures to prevent accidents. T h roughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibi lit y and authorit y. T h e Contractor shall maintain records and make reports concerning health, safet y and welfare of persons, and damage to property, as.
Superintendence shall be given by a sufficient number of persons having adequate knowledge of the language for communications defi ned in Sub-Clause 1. T h e Engineer may require the Contractor to remove or cause to be removed any person employed on the Site or Works, including the Contractor' s Representative if applicable, who: a b. The Contractor shall submit, to the Engi neer, de ails showing the nu m ber of each class of Contractor' s Personnel and of each type of Contractor ' s Eq uipment on the Site.
Deta i ls shall be submitted each calendar month , in a form approved by the Eng ineer, until the Contractor has completed all work which is known to be outstanding at the com pletion date stated in the Taking- Over Certifi cate for the Works. The Contractor shall at al! The Contractor shal l su bmit the following samples of Materials , and releva nt information , to the Engineer for review in accordance with the procedures for Contractor's Docu ments described in Sub - Clause 5. Each sample shall be labelled as to origin a n d intended use in the Works.
Materials are being obtained , and during production, ma n ufactu re and constr u ctio n at th e S ite and elsewhere , be entitled to exam in e , i ns pect , measure and test the materials and workmanship , a n d to check the progress of man ufacture of Plant and production and manufacture of Materi a ls.
The Contractor shall g ive the Employer ' s Personn el full oppor t unity to carry ou t the se activities, incl uding providing access , facilit ie s , permissions an d safety equipment. No such activit y shall rel ieve the Contractor from any obligation or responsibility. T he G enera; Condi'dons. Engineer shall , then either carry out the examination, inspection, measurement or testing without unreasonable delay, or promptly give notice to the Contractor that the Engineer does not require to do so.
If the Contractor fails to give the notice, he shall, if and when required by the Engineer, uncover the work and thereafter reinstate and make good , all at the Contractor 's cost. This Sub-Clause shall apply to all tests specifi ed in the Contract, other than the Tests after Completion if any.
The Contractor shall provide all apparatus, assistance, documents and other information , electricity, equipment, fuel ,, consumab les , instru ments, labou r, materials, and suitably qualifi ed and experienced staff , as are necessary to carry out the. The Contractor shall agree, with the Engineer, the time and place for the specified testing of any Plant, Materials and other parts of the Works.
T e Engineer may, under Clause 1 3 [Variations and Adjustments], var h y the location or details of specifi ed tests, or instruct the Contractor to carr y ou t additional tests.
T e Engineer sha h l l give the Contractor not less than 24 hours' notice of the Engineer's intention to attend the tests. If the Engine e r doe s not attend at the time n a d place agreed, the Contractor may proceed with the te s ts , unless otherwise instructed by the Engineer, and the te s ts shall then be deemed to have been made in the Engineer' s pre s ence.
Contractor shall give notice to the Engineer and shall be entitled subject to Sub Clause After receiving thi s notice, the Engineer shall proceed in accordance wit h Sub-Clause 3. T e Contractor shall promptly forward to the Eng ineer du ly cert ified report s of the h tests. When the specified tests have been passed, the Engineer shall endorse the. Contractor' s test cer t ifi cate , or issue a cerLifi cate to him , to that ef fect. If the Eng ineer has not attended the tests, he sha l l be deemed to have accepted the read ings as acc u rate.
If, as a result of an examination , inspection, measurement or testing, any Plant, Materials, design or workmanship is found to be defective or otherwise not in. The Contractor shall. If the Engineer requires this Plant, Ma' edals, design or workmanship to be rete s ted, the tests shall be repeated under the same ter m s and conditions.
If the rejection and Except to the extent that the Contractor would have been entitled to payment for the work , the Contractor shall. Each item of Plant and Materials shall , to the ex t ent consistent with the Laws of the.
Cou ntry, become the property of the Em ployer at whichever is the earlier of the following tim es , f ree from liens an d other en cu mbrances : a b]. Materials under Sub -Clause 8. Unless otherwise stated in the Employer' s Requirements, the Contractor shall pay all royalties, rents and oth er payments for:. Unless oth er w ise stated in the Par t icu lar Co nditions, the. Commencement Date shal l be with i n 42 days after the Contractor receives the Letter of Acceptance.
The Contractor shall commence the design and execution of the Wo rks as soon as is reasonably practicable af t er the Commen cem ent Date, and shall then proceed with the Works with due expedition and without delay. G eneral Condition s. The Contractor sha l t complete the whole of the Works, and each Section if any , within the Time for Completion for the Works or Section as the case may be , including : a b.
Contractor shall also submit a revised programme whenever the previous programme is inconsistent : with actual progress or with the Contractor's obligation s. Each prog ramme shal l incl ude:. Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the prog ramme, subject to his other obligations under the Contract.
T h e Employer's Personnel shall be entitled to rely upon the programme when planning their activities. T e Contractor shall promptl y give notice to the Engineer of specifi c probable future h events or circumstances which may adversely af fect the work, i ncrease the Contract Price or delay the execu t ion of the Works.
T h e Engineer may require the Contractor to submit an estimate of the anticipated effect of the future event or circumstances ,. T e Contractor shall be entitled subject to Su b- Clause Sub-Clause If these revised methods cause the Employer to incur add itional costs, th e Contractor shal l. Contractor shall su bject to Su b-Clause 2. Th ese delay d amages shall be the sum stated i n the Appen d ix to Tender, which shall be paid for ever y day whic h shall elapse between the FIDI.
However, th e total amount due u nder th is Su b-Clause shall not exceed the maximum amount of delay damag es if any stated in the Appendix to Tender. These delay damages shall be the only damages due from the Contractor for such default, other than in the event of termination under Sub-Clause 1 5.
These damages shall not relieve the Contractor from his obligation to complete the Wo rks, or from any other dut ies, obligations or responsibilities which he may have udder the Contract. The Engineer may at any time instruct the Contractor to suspend progress of part or al l of the Works. During such suspension , the Contractor shall protect , store and secure such par t o r th e Works ag ainst any deterioration , los s o r d am ag e.
Cost incu rred in, making good the consequences of the Contractor's faulty desig n, workmanship or materials, or of the Contractor's failure to protect, store or secure in accordance with S ub -Clause 8, 8 [Suspension of Work].
If the suspension under Sub-Clause 8. If the Engineer does not give permission within 28 days after being requested to do so, the Contractor may, by giving notice to the Engineer, treat the suspension as an omission under Clause 1 3 [Variations and Adjustments] of the affected part of the Works. If the suspension affects the whole of the Works, the Cont ractor m ay give notice of term ination under S ub- Clause 1 6. After the permission or instruction to proceed is. The Contractor shall make good any deterioration or defect in or loss of the Works or Plant or Materials , which has occurred duri ng th e suspension.
The Contractor shall give to the Eng ineer not less than 2 1 days ' notice of th e date after which the Contractor wi ll be ready to carry out each of the Tests on Completion. Un less otherwise ag reed, Tests on Com pletion shall b e carri ed out wit h in 1 4 days after this date , on such d ay or days as the Eng ineer shall instruct. Unless otherwise stated in the Particular Condit ions, the Te sts on Completion shall be.
Du ring trial operation, when th e Wor ks are operating under stable conditio ns , the Contractor shall give notice to the Engi neer that th e Works are ready for any other Tests on CompIetion , incl uding per formance tests to demonstrate whether the Works conform with criteri a specifi ed in the Emp loyer' s Requirements an d with the Schedule of G uarantees. Tri al operation shall not constitu t e a taki ng-over under Clause 1 0 [Employer's Taking Over]. U n less other w ise stated i n the Par t icula r Conditions , a n y product produced by the Works during tri al operation shall be the pro perty of the Employer.
As soon as the Works , or a Sectio n , have passed each of the Tests on Com pletion descri bed i n sub -paragraph a , b or c , the Contractor shall su bm it a cer t ifi ed report of the results of these Te s ts to the Engin eer. If the Tests on Compl etion are being unduly delayed by th e Contractor, the Eng ineer may by notice req uire the Contractor to c a rry out the Te sts within 2 1 days af t er receiving the notice.
The Tests on Completion shall then be deemed to have been carried out. In the event of sub-paragraph c , the Contractor shall then proceed in accordance with all other obligations under the Contract, and the Contract Price shall be reduced.
U nless th e relevant red uction for this failure is stated or its method of calcu lation is defi n ed in the Contract, the Em ployer may requ ire the. Except as stated in Sub-Clause 9. The Contractor may apply by notice to the Engineer for a Taking-Over Cert ifi cate not eariia r than 1 4 days before the Works will, in the Contractor' s opinion, be complete and ready for taking over. If the Engineer fai ls either to is sue th e Taking - Over Certifi cate o r to reject the Contractor 's appl icatio n with the p eriod of 2 8 days , and if th e Works or Sectio t as the case may b e are su bstantially in acco rdance with the Contract , th e Taki ng Over Cer t ificate sh all be deem ed to have been iss u ed o n the last day of that pe rio d.
The Emp loye r shall not use any part of the Works other than as a tem p orary measure wh ich is either specifi ed i n the Contract or agreed by both Par t ies u nless and u nt il th e En g inee r has iss ued a Taking -Over Cer t ifi cate for t h is part.
However, if the Em p l oyer does use any part of th e Works before the Taki ng -Over Cer t ifi cate is issued :. The Contractor shall carry out these Tests on Completion as soon as practicabl e before the expiry date of the relevant Defects Notifi c ation Period.
Af t er receiving this n otice , t h e Eng i nee r s ha l l proceed in accordan ce with S u b- Clau se 3. If a Taking -Over Cer t ifi cate has been issued for a par t of the Works other than a Section , the delay damages thereafter for completion of the remain der of the Wor ks shall be red uced. Simi larly, the delay damages for the remainder of th e Section if any in which this par t is included shall a l so be reduced.
For any period of delay af t er the. Engineer shall proceed in accordance" with Sub-Clause 3. The provis ions of this parag raph sh all only apply to the daily rate of da l ay damages un der Sub-Clause 8. G eneraJ Condition s. The Engineer shall then issue a Taking-Over Certifi cate accordingly, and the Contractor shall carry ou t the Tests on Completion as soon as practicable, before the. The Engineer shall require the Tests on Completion to be carried ou t by giving 1 4 days' notice and in accordance with the relevant provisions of th e Contract.
If a defect appears or damage occurs, the Contractor shall be notifi ed accordingly, by or on behalf of the Employer. Outstanding Work and Remedying Defects] shall be execu t ed at the risk and cost of the Contractor, if and to the extent that the work is attribu table to: a.
If and to th e extent that such work is at t ributab le to any other cause , the Cont ractor shal l be notifi ed promptly by or on b ehalf of the Em ployer, and Su b -Cl ause 1 3. The Employer shall be entitled subject to Sub- Clause 2. However, a Defects Notifi cation Period shall not be ex t ended by more than two years. If the Contractor fails to remedy a n y defect or dam age within a reasonab le time, a date.
The Contractor shall be g iven reasonable notice of this date. If the Contractor fai ls to remedy the defect or damage by th is notifi ed date and th is remedial work was to be executed at the cost of the Contracto r under Sub- Clause. With out prejudice to n a y other rights, under the Contract or otherwise , the Employer shal l then be entit led to recover all sums paid for the Works or for such par t as the case may be , plu s fi nancing costs an d the cost of dismantling the same, clearing the Site and returning Plant and Materia l s to the Contractor.
If the defect or damage can not be remedied expeditiously on the Site and the Employer gives consent, the Contractor may remove from the Sit e for the purposes of repair such items of Plant as are defective or damaged.
This consent may require the Contractor to increase the am ount of the Performance Securit y by the full. If the wor k of remedying of any defect or damage may affect the performance of the Works, the Eng ineer may require the repetition of any of the tests descri bed in the nDrC e.
Until the Per formance Certifi cate has been issued, the Contractor shall have the right. The Contractor shall, if required by the Engineer, search for the cause of any defect, under the direction of the Engineer. Unless the defect is to be remedied at the cost of the Contractor under Sub-Clause 1 1. The Engineer shall i ssue the Performance Cert i ficate wit hin 28 days after the l atest of the expiry dates of the Defects Notification Periods, or as soon thereafter as the.
Contractor has supplied a l l the Contractor's Documents and completed and tested all the Works, including remedying any defects. A copy of the Performance Certifi cate shall be iss ued to the Em ployer. After th e Per fo rmance Cert ifi cate has been issued, each Party shall remai n liab le for. Upon receiving the Performance Certifi cate, the Contractor shall remove any remaining Contractor' s Equipment, surplus material, wreckage, rubbish and.
The Employer shall be entitled to be paid the costs incurred in connection with, or attribu t able to, such sale or disposal and restoring the Site. Any balance of the moneys from the sale shall be paid to the Contractor. If these moneys are less than the Employer's costs, the Contractor shall pay the outstanding bala n ce to the Employer.
If Tests after Completion are specifi ed in th e Contract, this Clause shal l apply. U nless otherwise stated in the Particular Conditions, the Em ployer shall : a. The Tests after Completion shal l be carried out as soo n as is reason ably practicable aft er the Works o r Section have been taken over by the Employer.
T h e Emp loyer shall. U n less other w ise agreed , these Tests shal l be carried ou t within 1 4 days after th is date, on the day or days determined by the Emp loyer.
If the Contractor does not attend at the time and place agreed , the Employer may proceed with the Tests after Completion , which shal l b e deemed to have been made.
T e results of the Tests after Com pletio n shall be com pi led and evaluated by both h Parties. Appropriate acco unt shall be taken of the ef fect of the Employer's prior use of the Works. If the Contractor incurs Cost as a result of any unreasonable delay by the Em ployer to the Tests after Completio n , th e Contractor shall i give notice to the Eng i neer and ii be entitled su bject to S ub-Clause 2 0.
After receiving th is notice, the Eng ineer shall proceed in accordance with Su b-Clause 3. If, for reasons not attributable to the Contractor, a Test after Completion on the Works. If an d to the extent that th is failure and retesting are attributable to n a y of the mat t ers. Em ployer to incur additional costs, the Contractor shall subject to Sub Clause 2.
Contractor does not receive this notice du ri ng the rel evant Defects Notifi cation Period , th e Contractor shall be relieved of th is obl igation and th e Works or Section as the. Employer in permitting access to the Works or Plant by the Contractor, either to investigate the causes of a failure to pass a Test after Completion or to carry out any adjustments or modifications, the Contractor shall i give notice to the Engineer and ii be entitled subject to Sub-Clause After receiv ing this notice, the Engineer shall proceed in accorda n ce with Sub-Clause 3.
Contractor cannot readily obtai n the Goods required for the Variation, ii it will reduce the safety or suitability of the Works, or iiD it will have an adverse impact on the. Upon receiving this notice, the Engineer sh all c a ncel , confi r m or var y the instr u ction. The proposal shall be prepared at th e cost of the Contractor and shall include th e items l isted in Sub- Clause 1 3.
If the En gineer requests a p roposal , prio r to instructing a Variation, the Contractor shal l respond in writing as soon as practicable , either by giving reasons why he cannot comply if this is the case] or by submitting : a b c. T e Engineer shal l , as soon as practicab le after receiving su ch proposal under Su b h Clause 1 3.
T h e Contractor shall not delay any work whilst awaiting a response. Each instruction to execu te a Variation, with any requirements for the record ing of Costs, shall be issued by the Engineer to th e Contractor, who shall acknowledge receipt.
Upon instructing or approving a Variation , the Engineer shall proceed i n accordance with S ub-Clause 3. T h ese adjustm ents shall include reasonable profi t, and shall take accou nt of the Contractor's submissions under Sub Clause 1 3. If the Contract provides for payment of the C o ntract Price i n more than one currency,. For this.
Eng ineer' s instr u ctions , and the Contract Price shall be adjusted accordingly. T h e total sum paid to the Contractor shall include only such amounts , for the wor k , su p plies or services to which th e Provisional Sum relates, as t he Eng in eer shall have instructed.
For each Provisional Sum , th e Engineer may instr u ct:. If there is no such rate , the percentage rate stated in the Appendix to Ten der shal l be app lied. G eneral CondftJons. Th e Contractor shall , wh en required by the Eng ineer, produce quotations, invoices ,.
For work of a minor or incidental nature, the Engi neer may instruct that a Variation shal l be executed on a daywork bas is. The work shall then be valued in accordance with the. If a daywork schedu le is not included in the Co ntract , this Sub- Clause shall not apply. Before o rdering G ood s for th e work , the Contractor shall submit quotations to the Eng ineer. When applying for payment, the Contractor shal l su bmit invoices, vouchers an d accounts or receipts for any Goods.
Except for any items fo r which the daywork schedule specif ies that payment is not due, the Contractor shal l deliver each day to the Eng ineer accurate statements in. The Contractor shall then subm it priced statements of th ese resou rces to the Eng in eer, prior to their incl usio n in th e next Statem ent under Su b- Clause 1 4.
Cost resulting from a chan ge in the Laws of the Country including the introd uction of new Laws and the repeal or mod ifi cation of existi ng Laws or in the judicial or official governmental interpretation of such Laws, made after the Base Date, wh ich affect the Cont,'actor i n the performance of obligations un der the Contract.
If there is no such table of adjustment data , this Sub-Clause s hall not apply. If this S ub -Clause appl ies , t he ainounts payable to the Co ntractor shall be adjusted for rises or falls i n the cost of labou r, Goods and other inputs to the Works, by the addition or deduction of the amounts determ ined by the formu lae prescribed i n this.
The adjustment to be applied to the amount otherwise payable to the Contractor, as valued in accordance with the app ropriate Schedu le and certifi ed in Payment. Cer t ifi cates, shal l be determined from formu lae for each of th e cu rrencies in which the. Contract Price is payab l e. N o adjustm ent is to be app lied to work valued on the basis of Cost or cu rent pri ces. The form u lae shall be of the fol lowing general type:. T e cost indices or reference p rices stated in the table of adjustment d ata shal l be h used.
If their source is in dou bt, it shal l be determ ined by the En g ineer. For th is purpose, reference shal l be made to the values of the indices at stated dates quoted in the four t h and fi fth colu mns respectively of the table for the purposes of clarifi cation of the so urce; although these dates and thus these values may not cor re s pond to the base cost indices.
In cases where the " currency of index" stated in the table is not th e relevant cur rency of pay m ent, each index shal l be converted into the relevant currency of payment at th e selling rate, established by the central bank of the Countr y, of this relevant currency on the above date for which the index is req uired to be appl icab le.
U ntil such time as each current cost index is available , the Engineer shall determine a. When a cur rent cost index is available, the adjustment shEil l be recalculated accordingly. If the Contractor fails to complete th e Works with in the Time for Completion , adjustment of prices thereafter shall be made using eit her i each index or price applicable on the date 49 days prior to the expiry of the Time for Completion of the Wor ks, or ii the Cur rent index or price: whichever is more favourable to the Employer.
The weightings coeffi cients for each of the factors of cost stated in th e table s of adjustment data shal l only be adjusted if they have been rendered un reasonable, unbalanced or inapplicabl e , as a result of Variations.
However, if any part of the Works is to be paid according to quantity supplied or work done, the provisions for measurement and evaluation shall be as stated in the Par t icular Condit ions. The Contract Price shall be determined accordingly, subject to. T h e total advance payment, the number and timing of insta l ments if more than one , and the applicable currencies and proport ions, shall be as stated in the Ap pendix to Tender.
Unless and until the Employer receives this guara n tee, or if the total advance payment is not stated in the Appendix to Tender, this Sub-Clause shall not apply. This guarantee shall be issued by an entit y.
If the terms of the guarantee specify its expir y date, and the advance payment has not been repaid by the date 28 days prior to the expir y date, the Contractor shall extend the validit y of the guarantee until the advance payment has been repaid.
Unless other percentages are stated in the Appendix to Tender:. If th e advance payment has n ot been re paid prior to the issue of the Taking -Over Cer t ifi cate for the Works or prior to termination under Clause 1 5 [Termination by Employer] , Clause 1 6 [Suspension and Termination by Contractor] or Clause 1 9 [Force Majeure] as the case may b e , th e whole of th e bal ance then outstanding shall immediately become due and payable by the Contractor to the Employer.
Th e Statement shall include the following items, as applicable, which shall be expressed in th e various cu rrencies in which the Contract Price is payab le, in the sequence listed :.
If the Contract i ncludes a Schedule of Payments specifying the i nsta l ments in which. The fi rst estimate shall be submitted within 42 days after the Commencement Date. Revised estimates shall be submit t ed at quart erly intervals, until the Taking-Over Certifi cate has been issued for the Works. The Engineer shall determine and certify each addition if the following conditions are satisf i ed :. The additional amo unt to be certifi ed shall be the eq u iv alent of eig hty percent of the Engineer' s determination of the cost of the Plant and Materials including delivery to Site , taking account of the documents mentioned in this Sub-Clause an d of the contract value of the Plant and Materials.
The currencies for this ad ditional amount shall be the sam e as those in wh ich payment will become due when th e contract val ue is included under su b- paragraph a of Su b Clause 1 4. At that time, th e Payment Cer t ifi cate shall i ncl ude the appl icable reductio n which sh all b e eq uivalent to , and in the same currencies and propor t io ns as, th is additional amount for the relevant Plant and Materials.
N o amount will be cer t ifi ed or paid until the Emp loyer has received and approved the Performance Secu rit y. Thereafter, the Eng ineer shall , within 28 days after receiving a Stateme nt and su pporting documents , issue to the Employer an I nteri m Payment Cer t ifi cate which shall state the a m ount which the Eng in eer fairly deter m ines to be.
Certifi cates if any stated in the Appendix to Tender. I n this event , the Engineer s hall give notice to the Contractor accordingly. An I nteri m P ayme nt Ce rtificate sh all n ot be with held for any oth e r reason , alth o ug h :. A Paym ent Cer t ificate. Payment of the amount due in each currency shall be made into th e bank account, nominated by the Contractor, in the payment cou ntry for this currency specifi ed in.
This period shall be deemed. Unless otherwise stated in the Par t icular Conditions, these fi nancing charges sha l l be ca l cu late d at the annual rate of three percentage points above the discount rate of the.
The Contractor shall be entitled to this pay m ent witho ut formal notice or certi i cation , f and without prejudice to any other right or rem edy. Retention Money shall be certifi ed by the Engineer for payment to the Contractor.
If a Taking-Over Cert if c ate is issue d for a Section, the relevant percentage of the fi rst half of the Retention Money shall be. Promptly aft er the latest of the expiry dates of the Defects Notifi cation Periods, the outstanding balance of the Retention Money shall be certifi ed by the Engineer for payment to the Contractor. However, if any work remains to be executed under Clause 1 1 [Defects Liability] or Clause 1 2 [Tests after Completion] , the Engineer shall be entit led to withhold certifi cation of th e estimated cost of th is work u ntil it has been executed.
Wit hin 84 days aft er receiv ing the Taking-Over Certifi cate for the Works, the Contractor shall subm it to the Engineer six copies of a Statement at completion with. Estimated amounts shal l be shown separately in this Statement at completion. The Engineer shall then certify in accordance with Sub-Clause 1 4.
Within 56 days aft er receiving the Performance Cert ifi cate, the Contractor shall submit, to the Engineer, six copies of a draft fi nal statement with suppor t ing documents showi ng in detail in a form ap proved by the Engifi eer:.
If the Eng ineer disagrees with or cannot verify any part of the draf t fi nal statement, the Contractor shal l su bmit such fur t her information as the Engineer may reasonably require and shal l make such changes in the draft as may be agreed between them. The Contractor shall then prepare and subm it to the Eng ineer the fi nal statement as agreed.
T h is agreed statement is referred to in these Conditions as the " Final. T h ereaf t er, if the d ispute is fi nally resolved under Sub-Clause Settlement] , the Contractor shal l then prepare and su bmit to th e Em ployer with a copy to the En ginee r a Final Statem ent. When submitting the Final Statement , the Contractor shall submit a written discharge which confirms that the total of the Final Statem ent represents full and fi nal settlement of al l mo neys due to the Contractor under or in connection with the Contract.
T h is discharge m ay state that it becomes ef fective when th e Contractor has received the Performance Security and the o ut-standin g balance of th is total in which event the discharge will b e ef fective on such date. Within 2 8 days after receiving the Final Statement and written discharge in accordance with Sub-Clause 1 4.
If th e Co ntractor fails to s ubmit an app l ication withi n a p e rio d of 28 days , the Eng ineer s hal l issue th e Final Paym ent Certificate for such amount as he fai rly determin es to be du e.
However, this. Sub-Clause shall not limit the Employer's liability under his indemn ifi cation obligations, or the Employer's liability in any case of fraud, deliberate default o r reckless misconduct by the Employer. The Contract Price shall be paid in the currency or currencies named in the Appendix to Ten der.
Unless otherwise stated in th e Particu lar Conditions, if more than one currency is so named , payments shall be made as follows:.
Clause 1 4. If the Contractor fails to carry out any obligation under ihe Contract, the Engineer may by notice require the Contractor to make good the failure and to remedy it within a specifi ed reasonab le time. Termination by Employer The Employer shall be entitled to terminate the Contract if the Contractor: a b c. However, lawful indu cements an d rewards to Contractor' s Personnel shall not entitle terminati o n.
In any of the s e events or circumstances, the Employer may, upon gMng 1 4 days ' notice to th e Contractor, ter m inate the Contract and expel the Co ntractor fro m the Site. However, in the case of su b- parag raph e or f , the Em ployer may by notice term inate the Contract im med iately. The Employer' s election to term inate the Contract sha l l not p rejud ice any other rights of the Employer, un der the Contract or otherwise.
T e Contractor shal l then leave the Site an d deliver a h n y requ ired Goods, all Contractor' s Docu ments , an d other d esig n docu ments made by or for him , to the Eng ineer. However, the Contractor shall use h is best ef forts to com ply imm ediately with any reaso nable instructions included in the notice i fo r the assignment of a ny subcontract, and i i for the protection of l ife or property or for the safety d the Works.
T h e Employer and these entities may then use any Goods , Contractor' s Docu ments an d oth er desig n documents made by or on behalf of the Contractor. T h e Contractor shall. However, if by this time the Contractor has failed to make a payment due to the Employer, these it ems may be sold by the Employer in order to recover this payment. Any balance of the proceeds shall then be paid to the Contractor. As soon as practicab le after a notice of termination under Sub-Clause 1 5. Goods and Contractor's Docu ments , an d a n y other sums due to the Contractor for.
Af t er recovering any such losses, damages and extra costs , the Employer shall pay any balance to the Contractor. The Employer shall be entitled to terminate the Contract, at any time for the Em ployer's convenience, by givi ng notice of such termination to the Contractor.
T he terminati on shall take ef fect 28 d ays after the later of th e dates o n which the Contractor receives this notice or th e Em p loyer returns the Performance Secu rity.
If the En gin eer fails to cert ify in accordance with Su b -Clause 1 4. T e Contractor' s action shal l not prejudice his entitlements to fi nancing charges under h Sub-Clause 1 4. If the Contractor subseq uently receives such Payment Cer t ifi cate, evidence or. Aft er receiving this notice, the Engin eer shall proceed in accordance with Su b-Clause 3. In any of the s e events o r circumstances, the Contractor may, upon gMng 1 4 days ' notice to the Em ployer, term i nate the Contract.
However, in the case of sub. The Contractor' s election to terminate the Contract shall not prejud ice any other rights of the Contractor, under the Contract or otherwise. After a notice of term i nation un der Sub- Clause 1 5.
After a notice of termination under Sub-Clause 1 6. The Contractor shal l indem n ify and hold harmless the Employer, the Empl oyer' s Personnel , a n d their resp ective agents , agai nst and from al l clai ms, damages, losses. Works, when responsibility for the care of th e Works shall pass to the Employer. If a Taking-Over Certifi cate is issued or is so deemed to be is sued for any Section or part of the Works , responsibilit y for the care of the Section or part shall th en pass to the Employer.
Before incorporating any example wording, it must be checked to ensure that it is wholly suitable for the particular circumstances. Unless it is considered suitable, example wording should not be used without amendment. In the preparation of the Conditions of Contract to be included in the tender documents for a contract, the following text can be used:.
The reprint now also includes the Supplement 1st. The preamble has been grouped with the Forms of Tender and Contract Agreement in a third section. Users wishing to incorporate the part 1-General Conditions are invited either to include a printed version of the entire reprint or to purchase an electronic version, where Part1-General Conditions can be printed as a separate document.
Jump to navigation. Basket 0. Select Options. Group Extras Related products. Read more. Product code:. FIDIC wishes to record its appreciation of the time and effort devoted by all the above. Under the usual arrangements for this type of contract, th Contractor constructs the works in accordance with a design provided by the Employer.
Conditions of Contract for EPC Turnkey Projects, which are recommended where one entity takes total responsibility for the design and execution of an engineering project.
Under the usual arrangements for this type of contract, the entity carries out all the Engineering, Procurement and Construction: providing a fully-equipped facility, ready for operation at the "turn of the key".
This type of contract is usually negotiated between the parties. Short Form of Contract, which is recommended for building or engineering works of relatively small capital value. This type of contract is usually negotiated between the parties. These Conditions of Contract are recommended for engineering and building work of relatively small capital value.
However, depending on the type of work and the circumstances, the Conditions may be suitable for contracts of considerably greater value.Drafts were reviewed by many persons and fidic yellow book 1999 free download, including those listed below. Their comm ents were du ly stud ied by the Update Task G rou p andwhere. Chairman of FID! Development Bank; a fidic yellow book 1999 free download d the World Bank. Acknowledgement of rev i ewers does not mean that such persons or orga n izations approve the wording of all clauses. FID IC wishes to record its appreciation of th e time and ef for t devoted by al l the above. Employer or by his representative, the Engineer. Under the usual arrangements for this type of contract, the Contractor constr u cts fudic works in accordance with a design provided by the Fidic yellow book 1999 free download. Under the usual arrangements for this t y pe of contract, the Fidic yellow book 1999 free download designs a nd. Shor t Form of Contract. Depending on how to download prezi presentation for free type of work a nd the circumstances, ylelow form may also 199 suitable for contracts of greater value, particularly for relatively simple or repetitive work or work of short duration. Under the usual arrangements for this t y pe of contract, the Contractor constructs doanload works in. The forms are recommended for general use where tenders are invit ed on an international basis. Modifi cations may be required in some jurisdictions, 199 icularly if the Conditions are to be used on domestic contracts. Fidic yellow book 1999 free download the preparation of these Conditions of Contract for Plant and Design-Build, it was recognised that, while there are many sub-clauses which will be generally applicable. The G en eral Conditio ns and the Par t icular Cond itions will together comprise the. FIDIC yellow book - Plant and design-build-1st ED pdf - Free download as PDF File .pdf), Text File .txt) or read online for free. fidic – red book. Pages·· MB·7, Downloads. Federation Internationale. fidic yellow book. Report. Post on Nov Views. Category: Documents. Downloads. Download. prev. next. out of Download Fidic FIDIC Gold book - DBO Conditions of Contract for Design Build and Operate FIDIC MDB Harmonised - construction contract mdb harmonised, Download Fidic Book book - Conditions of Contract for EPC Turnkey Projects First Edition FIDIC yellow book - Conditions of Contract for Plant and (DB) Design – Build. Plant Contract - Conditions of Contract for Plant and Design-Build Projects ADDED APRIL FIDIC Guidance Memorandum to Users of the Conditions. Along with the FIDIC Red Book (the Conditions of Contract for Construction) and the FIDIC Silver Book (the Conditions of Contract for EPC/Turnkey. DOWNLOAD FULL BOOK. Export Citation(s). Free Access. free The Employer and the FIDIC Conditions of Contract for Construction (CONS) Plant and Design‐Build () (P & DB) 'The Yellow Book' (Pages: ). AND DESIGN-BUILD. FIRST EDITION "FIDIC" means the Fédération Internationale des Ingénieurs-Conseils, the international Sub-Clause [Employers Equipment and Free-Issue Material], or for other services requested by the. FIRST EDITION Fédération Internationale des Ingénieurs-Conseils (FIDIC) extends special Employer's Equipment and Free-Issue Material. In the event that any inspection or test identifies a non-compliance with the. Assistants shall be suitably qualifi ed persons , who are competent to carry out the se duties and exercise this authority, and who are fluent in th e lang uage fo r communications defi ned in Sub-Clause 1. The Employer shall return the Performance Securit y to the Contractor within 21 days after receiving a copy of the Performance Certificate. This amount may be included as a deduction in the Contract Price and Payment Certifi cates. This type of contract is usually negotiated between the parties. If the En gineer requests a p roposal , prio r to instructing a Variation, the Contractor shal l respond in writing as soon as practicable , either by giving reasons why he cannot comply if this is the case] or by submitting : a b c. The Employer shall be entitled to terminate the Contract, at any time for the Em ployer's convenience, by givi ng notice of such termination to the Contractor. Recent Post. Unless the Engineer, within 21 days after receiving a programme, gives notice to the Contractor stating the extent to which it does not comply with the Contract, the Contractor shall proceed in accordance with the prog ramme, subject to his other obligations under the Contract. If the Employer intends to replace the Engineer, the Em ployer shall , not less than 42 days before the inten ded date of replacement, g ive notice to the Contractor of the name , add ress and re levant experience of the intended replacement Eng ineer.