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Fidic-1999-& Sultanate - Clause List

The document discusses the conditions of contract for a construction project using FIDIC guidelines. It outlines the main elements that are covered in the FIDIC contract including items like performance bonds, time for completion, penalties for delay, maintenance periods, payment terms, and termination of contract.

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Vasim Shaikh
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0% found this document useful (0 votes)
12 views16 pages

Fidic-1999-& Sultanate - Clause List

The document discusses the conditions of contract for a construction project using FIDIC guidelines. It outlines the main elements that are covered in the FIDIC contract including items like performance bonds, time for completion, penalties for delay, maintenance periods, payment terms, and termination of contract.

Uploaded by

Vasim Shaikh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as XLSX, PDF, TXT or read online on Scribd
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The Conditions of Contract shall be those contained within the “general conditions of contract shall be Conditions of Contract for

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

S.No. Item FIDIC Clause Sultanate Clause


1 Ruling Language 1.4 5(1)(a)
2 Amount of Performance Bond 1.1.6.6 & 4.2 10
3 Period of Commencement 1.1.3.2 & 8.1 41
4 Time for Completion 1.1.3.3 & 8.2 43
5 Amount of Penalties for delay 8.7 47(1)
6 Period of Maintenance 1.1.3.7 & 11.1 49(1)
7 Advance payment 14.2 60(2)
10 Recovery of Advance 14.2 (b) 60(4)
11 Payment for materials at site 14.5 (c) 60(4)(b)
12 Minimum amount of Interim Certificate 14.6 60(4)
13 Time for honouring Certificates 14.6 & 14.13 60(5)(a)
14 Percentage of Retention money 14.3 60(7)
15 Limit of Retention money 14.3 60(7)
16 Payment of Retention money 14.9 60(8)
17 Interest for delay of payment 14.8 60(9)
18 Termination of Contract 15 63 (1)
19 Interim Payment Certificate 1.1.4.7 & 14.3 60 (4)
20 Tests on Completion 1.1.3.4 & 9.1 36
21 Taking Over Certificate 1.1.3.5 & 10.1 48 (1)
22 Performance Certificate 1.1.3.8 & 11.9 62 (1)
23 Final Payment Certificate 1.1.4.4 & 14.13 60 (6)
OVERALL CLAUSES
Fidic Clause Description Sultanate Clause Description
1.1 Definitions listed alphabetically 1 1. Definitions
1.1.4.1 Accepted Contract Amount 2. Singular and Plural
1.1.1.9 Appendix to Tender 3. Captions and Notes
1.1.3.1 Base Date 4. Cost
1.1.1.10 Bill of Quantities 2 Engineer and Engineer's Representative
1.1.3.2 Commencement Date 1. Duties and Powers of Engineer
1.1.1.1 Contract 2. Duties and Powers of Engineer's Representative
1.1.1.2 Contract Agreement 3 Assignment
1.1.4.2 Contract Price 4 Sub-contracting
1.1.2.3 Contractor 5 Contract Documents
1.1.6.1 Contractor's Documents 1. Language and Law
1.1.5.1 Contractor's Equipment 2. Mutually Explanatory Documents
1.1.2.7 Contractor's Personnel 6 1. Possession of Drawings and Specification
1.1.2.5 Contractor's Representative 2. Preservation of Copy of Drawings and Specification on Site
1.1.4.3 Cost 3. Disruption of Progress
1.1.6.2 Country 4. Delays and Cost of Delay of Drawings
1.1.2.9 DAB (Disputes Adjudication Board) 7 Other Drawings and Instructions
1.1.3.9 day 8 General Liabilities of Contractor
1.1.1.10 Daywork Schedule 9 Form of Agreement
1.1.3.7 Defects Notification Period 10 Performance Bond
1.1.1.6 Drawings 11 Site Inspection
1.1 .2.2 Employer 12 1. Sufficiency of Tender
1.1.6.3 Employer's Equipment 2. Errors in Computing Tender
1 .1.2.6 Employer's Personnel 3. Adverse Physical Conditions and Artificial Obstructions
1.1.2.4 Engineer 13 Imperativeness of Executing Works to Engineer's Satisfaction
1.1.2.10 FIDIC 14 Submission of Comprehensive Program
1.1.4.4 Final Payment Certificate 15 Contractor's Supervision
1.1.4.5 Final Statement 16 Contractor's Employees
1.1.6.4 Force Majeure 17 1. Setting Out
1.1 .4.6 Foreign Currency 2. Notice
1.1.5.2 Goods 18 Boreholes and Exploratory Excavation
1.1.4.7 Interim Payment Certificate 19 Safety and Security
1.1.6.5 Laws 20 1. Carefulness in Works
1.1.1.3 Letter of Acceptance 2. Liability for Reinstatement
1.1.1.4 Letter of Tender 3. Excepted Risks
1.1.4.8 Local Currency 4. Reinstatement Compensation for Damage to Life and Property
1.1.5.3 Materials 21 Insurance of Works Etc.
1.1.2.1 Party 22 1. Damage to Life and Property
1.1.4.9 Payment Certificate 2. Indemnity by Employer
1.1.3.8 Performance Certificate 3. Personal Non-Liability of Employer's Staff
1.1.6.6 Performance Security 23 1. Third Party Insurance
1.1.5.4 Permanent Works 2. Minimum Limit of Third Party Insurance
1.1.5.5 Plant 3. Condition for Employer's Indemnity
1.1.4.10 Provisional Sum 24 1. Industrial Accidents or Injuries
1.1.4.11 Retention Money 2. Insurance Against Industrial Accidents or Injuries
1.1.1.7 Schedules 25 1. Notification by Contractor
1.1.5.6 Section 2. Remedy on Contractor's Failure to Insure
1.1.6.7 Site 26 Compliance with Laws, Provisions and Regulations
1.1.1.5 Specification 27 Fossils Etc.
1.1.4.12 Statement 28 Patents and Royalties
1.1.2.8 Subcontractor 29 Interference with Traffic and Other Properties
1.1.3.5 Taking-Over Certificate 30 1. Extraordinary Traffic
1.1.5.7 Temporary Works 2. Special Loads
1.1.1.8 Tender 3. Settlement of Extraordinary Traffic Claims
1.1.3.6 Tests after Completion 4. Waterborne Traffic
1.1.3.4 Tests on Completion 31 Opportunities for Other Contractors
1.1.3.3 Time for Completion 32 Maintenance of Cleanliness on Site by Contractor
1.1.6.8 Unforeseeable 33 Post-completion Site Cleaning
1.1.6.9 Variation 34 Manpower
1.1.5.8 Works 1. Recruitment
1.1.3.9 year 2. Water Supply
1.2 Interpretation 3. Alcoholic Beverages and Drugs
1.3 Communications 4. Arms and Ammunition
1.4 Law and Language 5. Festivities and Religious Traditions
1.5 Priority of Documents 6. Epidemics
1.6 Contract Agreement 7. Disorderly Conduct Etc.
1.7 Assignment 8. Compliance by Subcontractors
1.8 1.8 Care and Supply of Documents 35 Reports on Labour Etc.
1.9 1.9 Delayed Drawings or Instructions 36 Materials and Workmanship
1.1 1.10 Employer's Use of Contractor's Documents 1. Quality of Materials, Workmanship and Tests
1.11 1.11 Contractor's Use of Employer's Documents A & B.: Conditions of Purchase of Machinery, Materials and Equipment
1.12 1.12 Confidential Details 2. Tests of Quality
1.13 1.13 Compliance with Laws 3. Cost of Samples
1.14 1.14 Joint and Several Liability 4. Cost of Tests
2 EMPLOYER 5. Cost of Unspecified Tests
2.1 Right of Access to the Site 37 Inspection of Operations
2.2 Permits, Licences or Approvals 38 1. Inspection of Work Before Covering Up
2.3 Employer's Personnel 2. Uncovering and Making Openings
2.4 Employer's Financial Arrangements 39 1. Removal of Unwanted Works and Material
2.5 Employer's Claims 2. Contractor's Failure to Obey Orders
3 ENGINEER 40 1. Suspension of Work
3.1 Engineer's Duties and Authority 2. Suspension of Work for More Than Ninety Days
3.2 Delegation by the Engineer 41 Time of Commencement of Works, Procedure and Delay
3.3 Instructions of the Engineer 42 1. Possession of Site by Contractor
3.4 Replacement of the Engineer 2. Wayleaves
3.5 Determinations 3. Use of Site
4 THE CONTRACTOR 43 Period of Completion of Works
4.1 Contractor's General Obligations 44 Extension of Period of Completion of Works
4.2 Performance Security 45 Suspension of Work at Night and on Fridays
4.3 Contractor's Representative 46 Rate of Progress
4.4 Subcontractors 47 1. Penalties for Delay
4.5 Assignment of Benefit of Subcontract 2. Curtailment of Penalties
4.6 Co-operation 48 1. Certificate of Completion of Works
4.7 Setting Out 2. Certificate of Stage-wise Completion of Works
4.8 Safety Procedures 49 Maintenance and Defects
4.9 Quality Assurance 1. Definition of Period of Maintenance
4.10 Site Data 2. Execution of Repair Works
4.11 Sufficiency of the Accepted Contract Amount 3. Cost of Repair Works
4.12 Unforeseeable Physical Conditions 4. Remedy on Contractor's Failure to Carry Out Required Repair Works
4.13 Rights of Way and Fac1lities 50 Investigation of Faults by Contractor
4.14 Avoidance of Interference 51 Alterations, Additions and Omissions
4.15 Access Route 1. Variations
4.16 Transport of Goods 2. Necessity of Written Variation Orders
4.17 Contractor's Equipment 52 1. Valuation of Variations
4.18 Protection of the Environment 2. Engineer's Power to Fix Rates
4.19 Electricity. Water and Gas 3. Variations Above 10%
4.20 Employer's Equipment and Free-Issue Matenal 4. Dayworks
4.21 Progress Reports 5. Claims
4.22 Security of the Site 53 Plant, Temporary Works and Material
4.23 Contractor's Operat1ons on Site 1. Plant Etc.: Definitions
4.24 Fossils 2. Vesting of Plant
5 NOMINATED SUBCONTRACTORS 3. Conditions and Hire of Plant
5.1 Definition of "nominated Subcontractor" 4. Costs for Purpose of Clause 63
5.2 Objection to Nomination 5. Notification of Plant Ownership
5.3 Payments to nominated Subcontractors 6. Hire and Hire-Purchase Payments by Employer
5.4 Ev1dence of Payments 7. Inadmissibility of Removal of Plant Etc.
6 STAFF AND LABOUR 8. Re-vesting and Removal of Plant Etc.
6.1 Engagement of Staff and Labour 9. Disposal of Plant
6.2 Rates of Wages and Conditions of Labour 10. Liability for Loss or Injury to Plant
6.3 Persons in the Service of Employer 11. Insertion of Clause in Subcontracts
6.4 Labour Laws 12. Port Dues
6.5 Working Hours 13. Re-export of Plant
6.6 Facilities for Staff and Labour 14. Customs Clearance
6.7 Health and Safety 54 Absence of Implicit Approval of Materials
6.8 Contractor's Superintendence 55 Quantities
6.9 Contractor's Personnel 1. Estimated Quantities
6.10 Records of Contractor's Personnel and Equipment 2. Works to be Measured
6.11 Disorderly Conduct 56 Actual and Correct Quantities
7 PLANT, MATERIALS AND WORKMANSHIP 57 Method of Measurement
7.1 Manner of Execution 58 Provisional Sums
7.2 Samples 1. Definition of 'Provisional Sum'
7.3 Inspection 2. Use of 'Provisional Sums'
7.4 Testing 3. Production of Documents
7.5 Rejection 59 Nominated Subcontractors
7.6 Remedial Work 1. Definition of Nominated Subcontractor
7.7 Ownership of Plant and Materials 2. Objection to Nomination By Nominated Subcontractors
7.8 Royalt1es 3. Express Provision of Design Requirements
8 COMMENCEMENT. DELAYS,AND SUSPENSION 4. Payments to Nominated Subcontractors
8.1 Commencement of Works 5. Certification of Payments to Nominated Subcontractors
8.2 Time for Completion 6. Specification of Liabilities of Nominated Subcontractor
8.3 Programme 60 Certificates and Payments
8.4 Extension of Time for Completion 1. Certificates and Payment
8.5 Delays Caused by Authorities 2. Advance Payment Certificate
8.6 Rate of Progress 3. Monthly Statements
8.7 Delay Damages 4. Monthly Certificates
8.8 Suspension of Work 5. Monthly Payments
8.9 Consequences of Suspension 6. Final Account
8.10 Payment for Plant and Materials in Event of Suspension 7. Retention
8.11 Prolonged Suspension 8. Payment of Retention Money
8.12 Resumption of Work 9. Outstanding Payments
9 TESTS ON COMPLETION 10. Correction and Withholding of Certificates
9.1 Contractor's Obligations 11. Retention on Subcontractors' Account
9.2 Delayed Tests 12. Currency of Payment
9.3 Retesting 13. Cash Flow
9.4 Failure to Pass Tests on Completion 61 Only Approval by Maintenance Certificate
10 EMPLOYER'S TAKING OVER 62 1. Maintenance Certificate
10.1 Taking Over of the Works and Sections 2. Cessation of Employer's Liability
10.2 Taking Over of Parts of the Works 3. Unfulfilled Obligations
10.3 Interference with Tests on Completion 63 Remedies and Powers
10.4 Surfaces Requiring Reinstatement 1. Default of Contractor
11 DEFECTS LIABILITY 2. Valuation Upon Forfeiture
11.1 Completion of Outstanding Work and Remedying Defects 3. Payment After Forfeiture
11.2 Cost of Remedying Defects 64 Urgent Repairs
11.3 Extension of Defects Notification Period 65 Special Risks
11.4 Failure to Remedy Defects 1. Absence of Liability for War Risks Etc.
11.5 Removal of Defective Work 2. Damage to Works Etc. by Special Risks
11.6 Further Tests 3. Projectiles and Missiles
11.7 Right of Access 4. Increased Costs Arising from Special Risks
11.8 Contractor to Search 5. Special Risks
11.9 Performance Certificate 6. Outbreak of War
1 1.10 Unfulfilled Obligations 7. Removal of Plant on Termination
1 1.11 Clearance of Site 8. Payment on Termination of Contract
12 MEASUREMENT AND EVALUATION 66 Frustration
12.1 Works to be Measured Payment in Event of Frustration
12.2 Method of Measurement 67 Settlement of Disputes and Arbitration
12.3 Evaluation 68 Notices
12.4 Omissions 1. Service of Notice Upon Contractor
13 VARIATIONS AND ADJUSTMENTS 2. Service of Notice Upon Employer
13.1 Right to Vary 3. Service of Notice Upon Engineer
13.2 Value Engineering 4. Change of Address
13.3 Variation Procedure 69 Default of Employer
13.4 Payment in Applicable Currencies 70 Changes in Cost and Legislations
13.5 Provisional Sums Variation of Price of Labour and Materials
13.6 Daywork Miscellaneous
13.7 Adjustments tor Changes in Legislation 71 Bribery and Corruption
13.8 Adjustments for Changes in Cost 72 Precautions Against Fire
14 CONTRACT PRICE AND PAYMENT 73 Confidentiality of Details
14.1 The Contract Price 74 Photographs and Advertising
14 2 Advance Payment 75 Wireless Communications
14.3 Application for Interim Payment Certificates 76 Land Acquisition for Quarries, Borrow Pits and Contractor's Use
14.4 Schedule of Payments 77 Maintenance of Other Services and Structures
14.5 Plant and Materials intended for the Works 78 Spoil Dumps
14.6 Issue of Interim Payment Certificates 79 Operating and Maintenance Instructions
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
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
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
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
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
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
19.6 Optional Termination. Payment and Release
19.7 Release from Performance under the Law
20 CLAIMS. DISPUTES AND ARBITR ATION
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

GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT


ERRATA to the First Edttion 1999 .... . ... . . . ........ inside bac k cover

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

Engineer and Engineer's Representative


Clause Two
1. Duties and Powers of Engineer
2. Duties and Powers of Engineer's Representative

Assignment and Sub-contracting


Clause Three
Assignment
Clause Four
Sub-contracting

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.

Materials and Workmanship


Clause Thirty-six
1. Quality of Materials, Workmanship and Tests
A & B.: Conditions of Purchase of Machinery, Materials and Equipment
2. Tests of Quality
3. Cost of Samples
4. Cost of Tests
5. Cost of Unspecified Tests
Clause Thirty-seven
Inspection of Operations
Clause Thirty-eight
1. Inspection of Work Before Covering Up
2. Uncovering and Making Openings
Clause Thirty-nine
1. Removal of Unwanted Works and Material
2. Contractor's Failure to Obey Orders
Clause Forty
1. Suspension of Work
2. Suspension of Work for More Than Ninety Days

Time of Commencement of Works, Procedure and Delay


Clause Forty-one
Commencement of Works
Clause Forty-two
1. Possession of Site by Contractor
2. Wayleaves
3. Use of Site
Clause Forty-three
Period of Completion of Works
Clause Forty-four
Extension of Period of Completion of Works
Clause Forty-five
Suspension of Work at Night and on Fridays
Clause Forty-six
Rate of Progress
Clause Forty-seven
1. Penalties for Delay
2. Curtailment of Penalties
Clause Forty-eight
1. Certificate of Completion of Works
2. Certificate of Stage-wise Completion of Works

Maintenance and Defects


Clause Forty-nine
1. Definition of Period of Maintenance
2. Execution of Repair Works
3. Cost of Repair Works
4. Remedy on Contractor's Failure to Carry Out Required Repair Works
Clause Fifty
Investigation of Faults by Contractor

Alterations, Additions and Omissions


Clause Fifty-one
1. Variations
2. Necessity of Written Variation Orders
Clause Fifty-two
1. Valuation of Variations
2. Engineer's Power to Fix Rates
3. Variations Above 10%
4. Dayworks
5. Claims

Plant, Temporary Works and Material


Clause Fifty-three
1. Plant Etc.: Definitions
2. Vesting of Plant
3. Conditions and Hire of Plant
4. Costs for Purpose of Clause 63
5. Notification of Plant Ownership
6. Hire and Hire-Purchase Payments by Employer
7. Inadmissibility of Removal of Plant Etc.
8. Re-vesting and Removal of Plant Etc.
9. Disposal of Plant
10. Liability for Loss or Injury to Plant
11. Insertion of Clause in Subcontracts
12. Port Dues
13. Re-export of Plant
14. Customs Clearance
Clause Fifty-four
Absence of Implicit Approval of Materials

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

Certificates and Payments


Clause Sixty
1. Certificates and Payment
2. Advance Payment Certificate
3. Monthly Statements
4. Monthly Certificates
5. Monthly Payments
6. Final Account
7. Retention
8. Payment of Retention Money
9. Outstanding Payments
10. Correction and Withholding of Certificates
11. Retention on Subcontractors' Account
12. Currency of Payment
13. Cash Flow
Clause Sixty-one
Only Approval by Maintenance Certificate
Clause Sixty-two
1. Maintenance Certificate
2. Cessation of Employer's Liability
3. Unfulfilled Obligations

Remedies and Powers


Clause Sixty-three
1. Default of Contractor
2. Valuation Upon Forfeiture
3. Payment After Forfeiture

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

Changes in Cost and Legislations


Clause Seventy
Variation of Price of Labour and Materials

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

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