FIDIC Conditions Of Contract For Construction FIDIC 1999

FIDIC 1999FIDIC Conditions of Contract forConstruction1 – General Provisions FIDIC 1999121

Contract means the Contract Agreement, the Letter ofAcceptance, the Letter of Tender, theseConditions, the Specifications, the Drawings,the Schedules, and the further documents (ifany) which are listed in the ContractAgreement or in the Letter of Acceptance FIDIC 19991.1 Definitions1.1.1 The Contract3 FIDIC 1999 Contract Agreement means the contract agreement (if any)referred to in Sub-Clause 1.6 [ContractAgreement]42

FIDIC 1999563 FIDIC 1999

– means the letter of formal acceptance,signed by the Employer, of the Letter ofTender, including any annexedmemoranda comprising agreementsbetween and signed by both Parties– If there is no such letter of acceptance, theexpression “Letter of Acceptance” meansthe Contract Agreement and the dateissuing or receiving the Letter ofAcceptance means the date of signing theContract Agreement FIDIC 1999 Letter of Acceptance7 FIDIC 1999 Letter of Tender means the document entitled letter oftender, which was completed by theContractor and includes the signed offerto the Employer for the Works84

FIDIC 1999 Specifications means the document entitledspecifications, as included in theContract, and any additions andmodifications to the specification inaccordance with the Contract FIDIC 19999 such document specifies the Works105

FIDIC 1999 Drawings means the drawings of the Works, asincluded in the Contract, and anyadditional and modified drawings issuedby the Employer11 FIDIC 1999 Schedules means the document(s) entitledschedules, completed by the Contractorand submitted with the Letter of Tender,as included in the Contract126

FIDIC 1999 Appendix to Tender means the completed pages entitledappendix to tender which are appended toand form part of the Letter of Tender FIDIC 199913147

FIDIC 199915 FIDIC 1999 “Bill of Quantities” and “DayworkSchedule” means the documents so named (if any)which are comprised in the schedules168

Definitions of Employer, Contractor,Engineer, Contractor’s representative,Employer’s Personnel, Contractor’sPersonnel, Subcontractor, DAB, FIDIC FIDIC 19991.1 Definitions1.1.2 Parties and Persons Contractor’s Representative means the person named by theContractor or appointed from time totime by the Contractor under SubClause 4.3 [Contractor’sRepresentative], who acts on behalf ofthe Contractor FIDIC 199917189

FIDIC 1999 Employer’s Personnel means the Engineer, the assistantsreferred to in Sub-Clause 3.2[Delegation by the Engineer] and allother staff, labour and other employeesof the Engineer and of the Employer;and any other personnel notified to theContractor, by the Employer or theEngineer, as Employer’s Personnel Contractor’s Personnel means the Contractor’s Representativeand all personnel whom the Contractorutilises on Site, who may include thestaff, labour and other Employees of theContractor and of each Subcontractor;and any other personnel assisting theContractor in the execution of the Works FIDIC 1999192010

FIDIC 1999 Dispute Adjudication Board – DAB means the person or three persons sonamed in the Contract, or otherperson(s) appointed under sub-clause20.2 [Appointment of the DisputeAdjudication Board] or Sub-Clause 20.3[Failure to Agree Dispute AdjudicationBoard]21 FIDIC 1999 FIDIC means the Federation International desIngenieurs-Conseils, the internationalfederation of consulting engineers2211

Base Date means the date 28 days prior to thelatest date for submission of the Tender FIDIC 19991.1 Definitions1.1.3 Dates, Tests, Periods andCompletion23 FIDIC 1999 Commencement Date means the date notified under SubClause 8.1 [Commencement of Works]2412

FIDIC 1999 Time of Completion means the time for completing theWorks or a Section (as the case maybe) under Sub-Clause 8.2 [Time forCompletion], as stated in the Appendixto Tender (with any extension underSub-Clause 8.4 [Extension of time forCompletion]), calculated from theCommencement Date25– means the tests which are specified in theContract or agreed by both Parties orinstructed as a Variation, and which arecarried out under Clause 9 [Tests onCompletion] before the Works or a Section(as the case may be) are taken over by theEmployer FIDIC 1999 Tests on Completion Taking Over Certificate– means a certificate issued under Clause 10[Employer’s Taking Over]2613

– means the tests (if any) which are specifiedin the Contract and which are carried out inaccordance with the provisions of theParticular Conditions after the Works orSection is completed as certified underSub-Clause 10.1 [Taking Over of theWorks and Sections] FIDIC 1999 Tests after Completion Defects Notification Period means the period for notifying defects in theWorks or Section (as the case may be) underSub-Clause 11.1 [Completion of OutstandingWork and Remedying Defects], as stated inthe Appendix to Tender (with any extensionunder Sub-Clause 11.3 [Extensions ofDefects Notification Period]), calculated fromthe date on which the Works or Section iscompleted as certified under Sub-Clause 10.1[Taking Over of the Works and Sections] FIDIC 1999272814

FIDIC 1999 Performance Certificate means the certificate issued under SubClause 11.9 [Performance Certificate]29 Accepted Contract Amount means the amount accepted in theLetter of Acceptance for the executionand completion of the Works and theremedying of any defects FIDIC 19991.1 Definitions1.1.4 Money and Payments3015

FIDIC 1999 Contract Price means the price defined in Sub-Clause14.1 [The Contract Price], and includesadjustments in accordance with theContract Cost means all expenditure reasonablyincurred (or to be incurred) by theContractor, whether on or off the Site,including overhead and similar charges,but does not include profit Retention Money means the accumulated retentionmoneys which the Employer retainsunder Sub-Clause 14.3 [Payment ofRetention Money] FIDIC 1999313216

Permanent Works means the permanent works to beexecuted by the Contractor under theContract FIDIC 19991.1 Definitions1.1.5 Works and Goods33 Temporary Works means all temporary works of everykind (other than Contractor’sEquipment) required on Site for theexecution and completion of thePermanent Works and the remedying ofany defects FIDIC 1999 Plant means the apparatus, machinery, andvehicles intended to form or formingpart of the Permanent Works3417

Unforeseeable means not reasonably foreseeable byan experienced contractor by the datefor submission of the Tender FIDIC 19991.1 Definitions1.1.6 Other Definitions35 The documents forming the Contractare to be taken as mutuallyexplanatory of one another FIDIC 19991.5 Priority of Documents3618

For the purposes of interpretation, thepriority of the documents shall be inaccordance with the followingsequence(a) The Contract Agreement (if any)(b) The Letter of Acceptance(c) The Letter of Tender(d) The Particular Conditions(e) The General Conditions FIDIC 1999 (f) The Specifications(g) The Drawings, and(h) The Schedules and any otherdocuments forming Part of theContract If an ambiguity or discrepancy is foundin the documents, the Engineer shallissue any necessary clarification orinstruction FIDIC 1999373819

39 FIDIC 1999 The Parties shall enter into a ContractAgreement within 28 days after theContractor receives the Letter ofAcceptance, unless they agreeotherwise The Agreement shall be based upon theform annexed to the ParticularConditions FIDIC 19991.6 Contract Agreement4020

FIDIC 1999411.8 Care and Supply ofDocuments Unless otherwise stated in the Contract, twocopies of the Contract and of eachsubsequent Drawing shall be supplied to theContractor, who may make or request furthercopies at the cost of the Contractor FIDIC 1999 The Specifications and Drawings shall be inthe custody and care of the Employer4221

The Contractor shall keep on the Site, acopy of the Contract, publicationsnamed in the Specifications, theContractor’s Documents (if any), theDrawings and variations and othercommunications given under theContract FIDIC 1999 Each of the Contractor’s Documentsshall be in the custody and care of theContractor, unless and until taken overby the Employer43 If a Party becomes aware of an error ordefect of a technical nature in adocument which was prepared for usein executing the Works, the Party shallpromptly give notice to the other Partyof such error or defect FIDIC 1999 The Employer’s Personnel shall havethe right of access to all thesedocuments at all reasonable times4422

The Contractor shall give notice to theEngineer whenever the Works are likelyto be delayed if any necessary drawingor instruction is not issued to theContractor within a particular time,which shall be reasonable FIDIC 19991.9 Delayed Drawings orInstructions The notice shall include details of thenecessary drawing or instruction,details of why and by when it shouldbe issued, and details of the natureand amount of the delay or disruptionlikely to be suffered if it is late FIDIC 1999454623

If the Contractor suffers delay and/orincurs Cost as a result of a failure ofthe Engineer to issue the notifieddrawing or instruction within a timewhich is reasonable and is specified inthe notice with supporting details, theContractor shall give a further notice tothe Engineer and shall be entitledsubject to Sub-Clause 20.1[Contractor’s Claims] to: FIDIC 1999 47(b) payment of any such Cost plus reasonableprofit, which shall be included in theContract Price FIDIC 1999(a) an extension of time for any such delay, ifcompletion is or will be delayed, under SubClause 8.4 [Extension of Time forCompletion], andAfter receiving this further notice, theEngineer shall proceed in accordance withSub-Clause 3.5 [Determinations] to agree ordetermine these matters4824

2 3 FIDIC 1999 1.1 Definitions 1.1.1 The Contract Contract means the Contract Agreeme