Fidic-1999-& Sultanate - Clause List
Fidic-1999-& Sultanate - Clause List
Construction for Building and Engineering works designed by the Employer, First Edition,
1999, Prepared by FIDIC” (The federation Internationale des Ingenieurs-Conseils, P. O. Box 86, CH -1000, Lausanne 12, Switzerland).
The Correlation with the “Standard Documents for Building and Civil Engineering Works, 3rd Edition, July 1981” prepared by the Ministry of Finance and Economy, Financial Affairs, Muscat, Sultanate of Oman, as referred
below:
MAIN ELEMENTS
General Conditions
CONTENTS
GENERAL PROVISIONS .. . . ... .. ... .. ... . ........ . .... . .... . 1
1.1 Definitions
1.2 Interpretation
1.3 Communications
1.4 Law and Language
1.5 Priority of Documents
1.6 Contract Agreement
1.7 Assignment
1.8 Care and Supply of Documents
1.9 Delayed Drawings or Instructions
1.10 Employer's Use of Contractor's Documents
1.11 Contractor's Use of Employer's Documents
1.12 Confidential Details
1.13 Compliance with Laws
1.14 Joint and Several Liability
2 THE EMPLOYER .. . . . .. . ... . ...... . ...... . ....... ....... ... 8
2.1 Right of Access to the Site
2.2 Permits, Licences or Approvals
2.3 Employer's Personnel
2.4 Employer's Financial Arrangements
2.5 Employer's Claims
3 THE ENGINEER . . . . . . .. ... .. . . . .. .. ... . . ... .. .. .. . .. .. ... 10
3.1 Engineer's Duties and Authority
3.2 Delegation by the Engineer
3.3 Instructions of the Engineer
3.4 Replacement of the Engineer
3.5 Determinations
4 THE CONTRACTOR . . . ... . ...... .... . .. . .. . ..... . .. .. .. . . . 12
4.1 Contractor's General Obligations
4.2 Performance Security
4.3 Contractor's Representative
4.4 Subcontractors
4.5 Assignment of Benefit of Subcontract
4.6 Co-operation
4.7 Setting Out
4.8 Safety Procedures
4.9 Quality Assurance
4.10 Site Data
4.11 Sufficiency of the Accepted Contract Amount
4.12 Unforeseeable Physical Conditions
4.13 Rights of Way and Fac1lities
4.14 Avoidance of Interference
4.15 Access Route
4.16 Transport of Goods
4.17 Contractor's Equipment
4.18 Protection of the Environment
4.19 Electricity. Water and Gas
4.20 Employer's Equipment and Free-Issue Matenal
4.21 Progress Reports
4.22 Security of the Site
4.23 Contractor's Operat1ons on Site
4.24 Fossils
5 NOMINATED SUBCONTRACTORS .. . . . .......... .. . ........ .. 21
5.1 Definition of "nominated Subcontractor"
5.2 Objection to Nomination
5.3 Payments to nominated Subcontractors
5.4 Ev1dence of Payments
6 STAFF AND LABOUR ........... . ............ . . ...... . ..... 22
6.1 Engagement of Staff and Labour
6.2 Rates of Wages and Conditions of Labour
6.3 Persons in the Service of Employer
6.4 Labour Laws
6.5 Working Hours
6.6 Facilities for Staff and Labour
6.7 Health and Safety
6.8 Contractor's Superintendence
6.9 Contractor's Personnel
6.10 Records of Contractor's Personnel and Equipment
6.11 Disorderly Conduct
7 PLANT, MATERIALS AND WORKMANSHIP . . .... .... . ...... .... 24
7.1 Manner of Execution
7.2 Samples
7.3 Inspection
7.4 Testing
7.5 Rejection
7.6 Remedial Work
7.7 Ownership of Plant and Materials
7.8 Royalt1es
8 COMMENCEMENT. DELAYS,AND SUSPENSION . . ............... 26
8.1 Commencement of Works
8.2 Time for Completion
ii
8.3 Programme
8.4 Extension of Time for Completion
8.5 Delays Caused by Authorities
8.6 Rate of Progress
8.7 Delay Damages
8.8 Suspension of Work
8.9 Consequences of Suspension
8.10 Payment for Plant and Materials in Event of Suspension
8.11 Prolonged Suspension
8.12 Resumption of Work
9 TESTS ON COMPLETION . ....................... .... ....... 29
9.1 Contractor's Obligations
9.2 Delayed Tests
9.3 Retesting
9.4 Failure to Pass Tests on Completion
10 EMPLOYER'S TAKING OVER .. . .............. .. .... . .... . ... 30
10.1 Taking Over of the Works and Sections
10.2 Taking Over of Parts of the Works
10.3 Interference with Tests on Completion
10.4 Surfaces Requiring Reinstatement
11 DEFECTS LIABILITY ........... .. ... ....... • .. ........... . . 32
11.1 Completion of Outstanding Work and Remedying Defects
11.2 Cost of Remedying Defects
11.3 Extension of Defects Notification Period
11.4 Failure to Remedy Defects
11.5 Removal of Defective Work
11.6 Further Tests
11.7 Right of Access
11.8 Contractor to Search
11.9 Performance Certificate
1 1.10 Unfulfilled Obligations
1 1.11 Clearance of Site
12 MEASUREMENT AND EVALUATION ........... . ............... 35
12.1 Works to be Measured
12.2 Method of Measurement
12.3 Evaluation
12.4 Omissions
13 VARIATIONS AND ADJUSTMENTS .. . ........... . .... • ........ 36
13.1 Right to Vary
13.2 Value Engineering
13.3 Variation Procedure
13.4 Payment in Applicable Currencies
13.5 Provisional Sums
13.6 Daywork
13.7 Adjustments tor Changes in Legislation
13.8 Adjustments for Changes in Cost
iii
14 CONTRACT PRICE AND PAYMENT . ..... . . . . ... . . . . ... . . . . . . . 40
14.1 The Contract Price
14 2 Advance Payment
14.3 Application for Interim Payment Certificates
14.4 Schedule of Payments
14.5 Plant and Materials intended for the Works
14.6 Issue of Interim Payment Certificates
14.7 Payment
14.8 Delayed Payment
14.9 Payment of Retention Money
14.10 Statement at Completion
14.11 Application for Final Payment Certificate
14.12 Discharge
14.13 Issue of Final Payment Certificate
14.14 Cessation of Employer's Liability
14.15 Currencies of Payment
15 TERMINATION BY EMPLOYER ... ...... . ....... .. . . . .... . . . . . 47
15.1 Notice to Correct
15.2 Termination by Employer
15.3 Valuation at Date of Termination
1 5.4 Payment after Termination
15.5 Employer's Entitlement to Termination
16 SUSPENSION AND TERMINATION BY CONTRACTOR . . . .... ..... 49
16.1 Contractor's Entitlement to Suspend Work
16.2 Termination by Contractor
16.3 Cessation of Work and Removal of Contractor's Equipment
16.4 Payment on Termination
17 RISK AND RESPONSIBILITY . . . . . .... .................... . .. 50
17.1 Indemnities
17.2 Contractor's Care of the Works
17.3 Employer's Risks
1 7.4 Consequences of Employer's Risks
17.5 Intellectual and Industrial Property Rights
17.6 Limitation of Liability
18 INSURANCE .. .. ....... ... . ... . . . .... . .. . ..... .. . ... . .. .. 53
18.1 General Requirements for Insurances
18.2 Insurance for Works and Contractor's Equipment
18.3 Insurance against Injury to Persons and Damage to Property
18.4 Insurance for Contractor's Personnel
19 FORCE MAJEURE ... . . . .. . . . ......... .......... ..... . .... 56
19.1 Definition of Force Majeure
19.2 Notice of Force Majeure
19.3 Duty to Minimise Delay
19.4 Consequences of Force Majeure
19.5 Force Majeure Affecting Subcontractor
iv
- -- -_j
19.6 Optional Termination. Payment and Release
19.7 Release from Performance under the Law
20 CLAIMS. DISPUTES AND ARBITR ATION ....... . ............... . . 58
20.1 Contractor's Claims
20.2 Appointment of the Dispute Adjudication Board
20.3 Failure to Agree Dispute Adjudication Board
20.4 Obtaining Dispute Adjudication Board's Decision
20.5 Amicable Settlement
20.6 Arbitration
20.7 Failure to Comply with Dispute Adjudication Board's Decision
20.8 Expiry of Dispute Adjudication Board's Appointment
APPENDIX
GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT . .. . . 63
INDEX OF SUB-CLAUSES . . . .. . .. . . . . . .... . .... ...... ....... . .. . . .. i
v
Definitions listed alphabetically
1.1.4.1 Accepted Contract Amount 1.1.4.7 Interim Payment Certificate
1.1.1.9 Appendix to Tender 1.1.6.5 Laws
1.1.3.1 Base Date 1.1.1.3 Letter of Acceptance
1.1.1.10 Bill of Quantities 1.1.1.4 Letter of Tender
1.1.3.2 Commencement Date 1.1.4.8 Local Currency
1.1.1.1 Contract 1.1.5.3 Matenals
1.1.1.2 Contract Agreement 1.1.2.1 Party
1.1.4.2 Contract Price 1.1.4.9 Payment Certificate
1.1.2.3 Contractor 1.1.3.8 Performance Certificate
1.1.6.1 Contractor's Documents 1.1.6.6 Performance Security
1.1.5.1 Contractor's Equipment 1.1.5.4 Permanent Works
1.1.2.7 Contractor's Personnel 1.1.5.5 Plant
1.1.2.5 Contractor's Representative 1.1.4.10 Provisional Sum
1.1.4.3 Cost 1.1.4.11 Retention Money
1.1.6.2 Country 1.1.1.7 Schedules
1.1.2.9 DAB 1.1.5.6 Section
1.1.3.9 day 1.1.6.7 Site
1.1.1.10 Daywork Schedule 1.1.1.5 Specification
1.1.3.7 Defects Notification Period 1.1.4.12 Statement
1.1.1.6 Drawings 1.1.2.8 Subcontractor
1.1 .2.2 Employer 1.1.3.5 Taking-Over Certificate
1.1.6.3 Employer's Equipment 1.1.5.7 Temporary Works
1 .1.2.6 Employer's Personnel 1.1.1.8 Tender
1.1.2.4 Engineer 1.1.3.6 Tests after Completion
1.1.2.10 FIDIC 1.1.3.4 Tests on Completion
1.1.4.4 Final Payment Certificate 1.1.3.3 Time for Completion
1.1.4.5 Final Statement 1.1.6.8 Unforeseeable
1.1.6.4 Force Majeure 1.1.6.9 Variation
1.1 .4.6 Foreign Currency 1.1.5.8 Works
1.1.5.2 Goods 1.1.3.9 year
vi
STANDARD CONDITIONS OF CONTRACT
Table of Contents
Definitions and Interpretation
Clause One
1. Definitions
2. Singular and Plural
3. Captions and Notes
4. Cost
Contract Documents
Clause Five
1. Language and Law
2. Mutually Explanatory Documents
Clause Six
1. Possession of Drawings and Specification
2. Preservation of Copy of Drawings and Specification on Site
3. Disruption of Progress
4. Delays and Cost of Delay of Drawings
Clause Seven
Other Drawings and Instructions
General Liabilities
Clause Eight
General Liabilities of Contractor
Clause Nine
Form of Agreement
Clause Ten
Performance Bond
Clause Eleven
Site Inspection
Clause Twelve
1. Sufficiency of Tender
2. Errors in Computing Tender
3. Adverse Physical Conditions and Artificial Obstructions
Clause Thirteen
Imperativeness of Executing Works to Engineer's Satisfaction
Clause Fourteen
Submission of Comprehensive Program
Clause Fifteen
Contractor's Supervision
Clause Sixteen
Contractor's Employees
Clause Seventeen
1. Setting Out
2. Notice
Clause Eighteen
Boreholes and Exploratory Excavation
Clause Nineteen
Safety and Security
Clause Twenty
1. Carefulness in Works
2. Liability for Reinstatement
3. Excepted Risks
4. Reinstatement Compensation for Damage to Life and Property
Clause Twenty-one
Insurance of Works Etc.
Clause Twenty-two
1. Damage to Life and Property
2. Indemnity by Employer
3. Personal Non-Liability of Employer's Staff
Clause Twenty-three
1. Third Party Insurance
2. Minimum Limit of Third Party Insurance
3. Condition for Employer's Indemnity
Clause Twenty-four
1. Industrial Accidents or Injuries
2. Insurance Against Industrial Accidents or Injuries
Clause Twenty-five
1. Notification by Contractor
2. Remedy on Contractor's Failure to Insure
Clause Twenty-six
Compliance with Laws, Provisions and Regulations
Clause Twenty-seven
Fossils Etc.
Clause Twenty-eight
Patents and Royalties
Clause Twenty-nine
Interference with Traffic and Other Properties
Clause Thirty
1. Extraordinary Traffic
2. Special Loads
3. Settlement of Extraordinary Traffic Claims
4. Waterborne Traffic
Clause Thirty-one
Opportunities for Other Contractors
Clause Thirty-two
Maintenance of Cleanliness on Site by Contractor
Clause Thirty-three
Post-completion Site Cleaning
Manpower
Clause Thirty-four
1. Recruitment
2. Water Supply
3. Alcoholic Beverages and Drugs
4. Arms and Ammunition
5. Festivities and Religious Traditions
6. Epidemics
7. Disorderly Conduct Etc.
8. Compliance by Subcontractors
Clause Thirty-five
Reports on Labour Etc.
Quantities
Clause Fifty-five
1. Estimated Quantities
2. Works to be Measured
Clause Fifty-six
Actual and Correct Quantities
Clause Fifty-seven
Method of Measurement
Provisional Sums
Clause Fifty-eight
1. Definition of 'Provisional Sum'
2. Use of 'Provisional Sums'
3. Production of Documents
Nominated Subcontractors
Clause Fifty-nine
1. Definition of Nominated Subcontractor
2. Objection to Nomination By Nominated Subcontractors
3. Express Provision of Design Requirements
4. Payments to Nominated Subcontractors
5. Certification of Payments to Nominated Subcontractors
6. Specification of Liabilities of Nominated Subcontractor
Clause Sixty-four
Urgent Repairs
Special Risks
Clause Sixty-five
1. Absence of Liability for War Risks Etc.
2. Damage to Works Etc. by Special Risks
3. Projectiles and Missiles
4. Increased Costs Arising from Special Risks
5. Special Risks
6. Outbreak of War
7. Removal of Plant on Termination
8. Payment on Termination of Contract
Frustration
Clause Sixty-six
Payment in Event of Frustration
Settlement of Disputes
Clause Sixty-seven
Settlement of Disputes and Arbitration
Notices
Clause Sixty-eight
1. Service of Notice Upon Contractor
2. Service of Notice Upon Employer
3. Service of Notice Upon Engineer
4. Change of Address
Default of Employer
Clause Sixty-nine
Default of Employer
Miscellaneous
Clause Seventy-one
Bribery and Corruption
Clause Seventy-two
Precautions Against Fire
Clause Seventy-three
Confidentiality of Details
Clause Seventy-four
Photographs and Advertising
Clause Seventy-five
Wireless Communications
Clause Seventy-six
Land Acquisition for Quarries, Borrow Pits and Contractor's Use
Clause Seventy-seven
Maintenance of Other Services and Structures
Clause Seventy-eight
Spoil Dumps
Clause Seventy-nine
Operating and Maintenance Instructions