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Engineer'sDetermination

followingSuspension

40.2

(c) necessary by reason of climatic conditions on the Site, or

(d) necessary for the proper execution of the Works or for the safety of the 'Works

or any part thereof (save to the extent that such necessity arises from any act or

defauit by the Engineer or the Employer or from any of the risks defined inSub-Clause 20.4),

Sub-Clause 40.2 shall apply.

Where, pursuant to Sub-Clause 40.1, this Sub-Clause applies the Engineer shall,

after due consultation with the Employer and the Contractor, determine:

(a) any extension of time to which the Contractor is entitled under Clause 44, and

(b) the amount, which shall be added to the Contract Price, in respect of the cost

incurred by the Contractor by reason of such suspension,

and shall notify the Contractor accordingly, with a copy to the Employer.

If the progress of the Works or any part thereof is suspended on the

instructiòns of the Engineer and if permission to lesume work is not given by the

Engineer within a period of 84 days from the date of suspension then, unless such

suspension is within paragraph (a), (b), (c) or (d) of Sub-Clause 40.1, the

Coñúactor may give notice to the Engineer requiring permission, within 28 days

from the receipt thereof, to proceed with the Works or that part thereof in regard

to which progress is suspended. If, within the said time, such permission is notgranted, the Contractol may, but is not bound to, elect to treat the suspension,

where it affects part only of the Works, as an omission of such part under Clause

51 by giving a fufher notice to the Engineer to that effect, or, where it affects the

whole of the Works, treat the suspension as an event of default by the Employerand terminate his employment under the Contract in accordance with the

provisions of Sub-Clause 69.1, whereupon the provisions of Sub-Clauses 69.2

and 69.3 shall apply.

Gommencement and DelaYs

The Contractor shall commence the Works as soon as is reasonably possible after

the receipt by him of a notice to this effect from the Engineer, which notice shall

be issued within the time stated in the Appendix to Tender after the date of the

Letter of Acceptance. Thereafter, the Contracto¡ shall proceed \4/ith the Workswith due expedition and without delay.

Save insofar as the Contract may prescribe:

(a) the extent of portions of the Site of which the Contractor is to be given possession

from time to time,

(b) the order in which such portions shall be made available to the Contractor,

and, subject to any requirement in the Contract as to the order in whích the Works

shall be executed, the Employe¡ will, with the Engineer's notice to commence the

Works, give to the Contractor possession of

(c) so much of the Site, and

(d) such access as, in accordance with the Contract, is to be provided by the

Employer as may be required to enable the Contractor to commence and proceed withthe execution of the Works in accordance with the programme refer¡ed to in Clause

14, if any, and otherwise in accordance with such reasonable proposals as the

Contractor shall, by notice to the Engineer with a copy to the Employer, make.

The Eniployer wiil, from time to time as the Works proceed, give to the

Contractor possession of such further portions of the Site as may be required to

enable the Contractor to proceed wilh the execution of the Works with due

dispatch in accordance with such programme or proposals, as the case may be.

Suspension 40.3lasting morethan 84 Days

Commencement 4'1.1of Works

Possession of 42.1Site and Access

Thereto

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Failure to Give 42.2Possession

Rights of Way 42.3and Facilities

Time for 43.'lCompletion

Extension of Time 44.1for Completion

Contractorto Provide

Notification andDetailed

Padiculars

44.2

lnterim 44.3Determination

of Extension

If the Contractor suffers delay and/or incurs costs from failure on the part of the

Employer to give possession in accordance with the terms of Sub-Clause 42- 7, the

Engineer shall, after due consultation with the Employer and the Contractor,

determine:

(a) any extension of time to which the Contractor is entitled under Clause 44, and

(b) the amount of such costs, which shall be added to the Contract Price,

and shall notify the Contractor accordingly, with a copy to the Employer.

The Contractor shall bear all costs and charges for special or temporaryrights of way required by him in connection with access to the Site. The Contractor

shall also providã at his own cost any additional facilities outside the Site required

by him for the purposes of the Works.

The whole of the 'Works and, if applicable, any Section required to be completed

within a particular time as stated in the Appendix to Tender, shall be completed,

in accordance with the provisions of Clause 48, within the time stated in the

Appendix to Tender for the whole of the Works or the Section (as the case may

be), calcutated frorn the Commencement Date, o¡ such extended time as may be

allowed under Clause 44.

In the event of:

(a) the amount or nature of extra or additional work,

(b) any cause ofdelay referred to in these Conditions,

(c) exceptionally adverse climatic conditions,

(d) any delay, impediment or prevention by the Employer, or

(e) other special circumstances which may occur, other than through a default ofor breach of contract by the Contractor or for which he is responsible,

being such as fairly to entitle the Contractor to an extension of the Time forCompletion of the Works, oI any Section or part thereof, the Engineer shall,

after due consultation with the Employer and the Contractor, determine the

amount of such extension and shall notify the Contractor accordingly, with a

copy to the Employer.

Provided that the Engineer is not bound to make any determination unless the

Contractor has

(a) within 28 days after such event has frst arisen notified the Engineer with acopy to the Employer, and

(b) within 28 days, or such other reasonable time as may be agreed by the_

Engineer, after such notification submitted to the Engineer detailed particulars ofany extension of time to which he may consider himself entitled in order that such

submission may be investigated at the time.

Provided also that where an event has a continuing effect such that it is notpracticable for the Contractor to submit detailed particulars within the period of28 duys referred to in Sub-Clause 44.2(b), he shall nevertheless be entitled to an

extension of time provided that he has submitted to the Engineer interimparticulars at intervals of not more than 28 days and final paficulars within 28

àays of the end of the effects resulting from the event. On receipt of such interimparticulars, the Engineer shall, without undue delay, make an interimãetermination of extension of time and, on receipt of the final particulars, the

Engineer shall review all the circumstances and shall determine an overallextènsion of time in regard to the event. in both such cases the Engineer shallmake his determination after due consultation with the Employer and theContractor and shall notify the Contractol of the determination, with a copy tothe Employer. No final review shall result in a decrease of any extension of timealready determined by the Engineer.

{

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Restriction on 45'1

Working Hours

(

' R"t" of Progress 46'1

Liquidated 47.1

Damagesfor DelaY

ontained in the Contract' none of the

be carried on during the night or- on

.onr"nt of the Engineer, excePt when

Contractor to an extension of time'

tiãn is at an1 time, in the oPinion of

iime fot CômPletion, the Engineer

Reduction of 47 '2LiquidatedDamages

affect the limit thereof

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Taking-OverCertificate

Taking Over ofSections or Pafts

SubstantialCompletion

of Pafts

48.1

48.2

48.3

48.4

when the whole of the works have been substantially completed and havesatisfactorily passed any Tests on Completion prescribed by the Contract, theContractor may give a notice to that effect to the Engineer, with a copy to theEmployer, accompanied by a rvritten undertaking to finish with due expeditionany outstanding work during the Defects Liability Period. Such notice andundertaking shall be deemed to be a request by the Contractor for the Engineer toissue a Taking-over Certificate in respecr of the works. The Enginee¡ shall,within 27 days of the date of delivery of such notice, either issue to rheContractor, with a copy to the Employer, a Taking-over certificate, stating thedate on which, in his opinion, the Works were substantially complered inaccordance with the Contract, or give instructions in writing to the Contractorspecifying all the work which, in the Engineer's opinion, is required to be done bythe Contractor before the issue of such Certificate. The Engineer shall also notifythe Contractor of any defects in the Works affecting substantial completion thatmay appear after such instructions and before completion of the Works specitiedtherein. The Contractor shall be entitled to receive such Taking-Over Certificatewithin 2r days of completion, to the satisfaction of the Engineer, of the 'works

sospecifred and remedying any defects so notified.

similarly, in accordance with the procedure set out in sub-clause 48.1, theContractor may request and the Engineer shall issue a Taking-Over Certificate inrespect of:

(a) any Section in respect of which a separate Time for Completion is provided inthe Appendix to Tender,

(b) any substantial part of the Permanent Works which has been both completedto the satisfaction of the Engineer and, otherwise than as provided for in theContract, occupied or used by the Employer, or

(c) any part of the Permanent works which the Employer has elected to occupy oruse prior to completion (where such prior occupation or use is not provided for inthe Contract or has not been agreed by the Contractor as a temporary measure).

If any part of the Permanent works has been substantially completed and hassatisfactorily passed any Tests on completion prescribed by the Contract, theEngineer may issue a Taking-over certificate in respect of that part of thePermanent works before completion of the whole of the works and, upon theissue of such Certificate, the Contractor shall be deemed to have undertaken tocomplete with due expedition any outstanding work in that part of the Pe¡manentWorks during the Defects Liability Period.

P¡ovided that a Taking-over Certificate given in respect of any Section or part ofthe Permanent Works before completion of the whole of the Works shall not bedeemed to certify completion of any ground or surfaces requiring reinstatement,unless such Taking-Over Certificate shall expressly so state.

Defects LiabilityIn these conditions the expression "Defects Liability period" shall mean thedefects liability period named in the Appendix to Tender, calculated from:

(a) the date of completion of the Works certified by the Engineer in accordancewith Clause 48, or

(b) in the event of more than one certificate having been issued by the Engineerunder Clause 48, the respective dates so certified,

and in relation to the Defects Liability Period the expression "the Works" shall beconstrued accordingly.

SurfacesRequiring

Reinstatement

Defects Liability 49.1Period

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Completion ofOutstanding Work

and RemedyingDefects

49.2 To the intent that the Works shall, at o- as soon as practicable after the expirationof the Defects Liability Period, be delivered to the Employer in rhe conditionlequired by the Contract, fair wear and tear excepted, to tne satisfaction of theEngineer, the Contractor shall:

(a) complete the work, if any, outstanding on the date stated in the Taking-overCertificate as soon as practicable after such date, and

(b) execute all such work of amendment, reconstruction, and remedying defects,shrinkages or other-faults as.the Engineer may, during the Defelts"t_iuuitityPeriod o¡ within 14 days after its expirãtion, as a result of an inspection made byor on behalf of the Engineer prior to its expiration, instruct the Contractor tåexecute.

All work referred to in Sub-clause 49.2 (b) shall be executed by the Contractor athis own cost if the necessity thereof is, in the opinion of the Enjineer, due to:(a) the use of materials, plant or wo¡kmanship not in accordance with theContract,

(b) where the Contractor is responsible for the design of part of the permanentWorks, any fault in such design, or

(c) the neglect or failure on the part of the contractor to comply with anyobligation, expressed or implied, on the contractor's part under the contract.Il in the opinion of the Engineer, such necessity is due to any other cause, he shalldetermine an addition to the Contract Price in accordance with Clause 52 andshall notify the contractor accordingly, with a copy to the Emproyer.In case of default on the pa't of the contractor in carrying out such instrrction

loyer shall beif such wo¡k

iable to do at

consultation with the E.nproy"."ono or incid

be determined by theEngineer and shall be recoverable f¡om t the Employer, unã.nuybe deducted by the Employer from to become due to theContractor and the Engineer shall not ccordingly, with a copyto the Employer.

If any defect, shrinkage or other fault in the v/orks appears at any time prior tothe end of the Defects Liability Period, the Engineet -äy instruct the contractor,with copy to the Employer, to search unde¡ thJ directions of the Enginee¡ for thecause thereof. unless such defect, shrinkage or other fault is one for which theCont¡actor is liable under the Contract, the Engineer shall, after due consultationwith the Employer and the contractor, deteniine the amount in respect or it

"costs of such sea¡ch incurred by the contractor, which shall be added to theContract Price and shall notify ihe ContrEmployer. If such defecr, shrinkage or o ' äJË#:J,::is liable, the cost of the work carried ou shall be borneby the cont¡actor and he shall in such case remedy such defect, shrinkage or otherfault at his own cost in accordance with the provisi-ons of clause 49.

Alterations, Additions and OmissionsThe Engineer shall make any variation of the form, quarity or quantity of theworks or any part thereof that may, in his opinion, úe n"L"rrury and for thatpurpose, o¡ if for any other reason it shall, in his opinion, be appropriate, he shallhave the authority to instruct the Conrractor to dò and the ôånt.u.to, shall doany of the following:

(a) increase or decrease the quantity of any work included in the contract,(b) omit any such work (but nor if the omitted work is to be carried out by rheEmployer or by another contractor),

Cost of 49.9Remedying

Defects

Contractor's 49.4Failure to Carry

Out lnstructions

Contractor 50.1to Search

22

Variations 51.1

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(c) change the character or quality or kind of any such work,(d) change the levels, lines, position and dimensions of any partof the works,(e) execute additional work of any kind necessary for the completion of theWorks, or

(_fl change any specified sequence or timing of construction of any part of theWorks.

No such variation shall in any way vitiate or invalidate the Contract, but theeffect, if any, of all such variations shall be valued in accordance with Clause 52.Provided that where the issue of an instruction to vary the Works is necessitatedby some default of or breach of contract by the Contracto¡ or for which he isresponsible, any additional cost attributable to such default shall be borne by theContractor.

The Contractor shall not make any such variation without an instruction of theEngineer. Provided that no inst¡uction shall be required for increase or dec¡easein the quantity of any work where such increase or decrease is not the result of aninstruction given under this Clause, but is the ¡esult of the quantities exceeding orbeing less than those stated in rhe Bill of euantities.

All variations referred to i¡r Clause 51 and any additions to the Contract pricewhich are required to be determined in accordance with clause 52 (for thepurposes of this Clause referred to as "varied work"), shall be valued at the ratesand prices set out in the Cont¡act if, in the opinion of the Engineer, the same shallbe applicable' If the Contract does not contain any rates oi prices applicable tothe va¡ied work, the rates and prices in the Contract shall be úsed as thè basis forvaluation so far as may be reasonable, faiting which, after due consultation by theEngineer with the Employer and the Contractor, suitable rates or prices shail beagreed upon between the Engineer and the contractor. In the event ofdisagreement the Engineer shall fix such rates or prices as are, in his opinion,appropriate and shall notify the Contrac with a copy ìo theEmployer. Until such time as rates or prices ed, the Engineer shalldetermine provisional. rates or prices to unt payments to beincluded in certificates issued in accordance

Provided that if the nature or amount of any varied work relative to the nature oramount of the whole of the wo¡ks or to any part thereof, is such that, in theopinion of the Engineer, the rate or price contained in the Contract for any itemof the works is, by reason of such varied work, rendered inappropriáte orinapplicable, then, afte¡ due consultation by the Engineer with the Èmptoyer anathe contractor, a suitable rate or price shall be agreed upon between thè Engineerand the Contractor. In the event of disagreement the Engineer shall f,rx such othe¡rate or price as is, in his opinion, appropriate and shall notify the contractoraccordingly, with a c_opy to the Emptoyer. until such time us rãt"s or prices areagreed or fixed, the Engineer shall determine provisional rates or prices to enableon-account payments to be included in certificates issued in accordance withClause 60.

Provided also that no varied work instructed to be done by the Engineer pursuantto clause 51 shall be valued under sub-clause 52.1 or under this sub-clauseunless, within 14 days of the date of such instruction and, other than in the case ofomitted work, before the commencement of the varied work, notice shall havebeen given either:

(a) by the contracto¡ to the Engìneer of his intention to claim extra payment or avaried rate or price, or

(b) by the Engineer to the contractor of his intention to vary a rate or price.

lnstructions for 51.2Variations

Valuation of 52.1Variations

Power 52.2of Engineerto Fix Rates

VariationsExceeding 15

per cent

52-3 If, on the issue of the Taking-Over Certificate for the whole of the Works, ir isfound that as a result of:

(a) all varied work valued unde¡ Sub-Clauses 52.1 and.52.2, and

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(b) all adjustments upon measurement of the estimated quantities set out in the

Bill of Quantities, excluding Provisional Sums, dayworks and adjustments ofprice made under Clause 70,

but not from any other cause, there have been additions to or deductions from the

Contract Price which taken together are in excess of 15 per cent of the "EffectiveContract Price" (which for the purposes of this Sub-Clause shall mean the

Contract Price, excluding Provisional Sums and allowance for dayworks, if any)

then and in such event (subject to any action already taken under any otherSub-Clause of this Clause), after due consultation by the Engineer with the

Employer and the Contractor, there shall be added to or deducted from the

Contract Price such further sum as may be agreed between the Contractor and the

Engineer or, failing agreement, determined by the Engineer having regard to the

Contractor's Site and general overhead costs of the Contract. The Engineer shallnotify the Contractor of any determination made under this Sub-Clause, with a

copy to the Employer. Such sum shall be based only on the amount by which such

additions or deductions shall be in excess of 15 per cent of the Effective ContractPrice.

The Engineer may, if in his opinion it is necessary or desirable, issue an instruction thatany varied work shall be executed on a daywork basis. The Contractor shall then be

paid for such varied work under the terms set out in the daywork schedule included inthe Contract and at the rates and prices affixed thereto by him in the Tender.

The Contractor shall furnish to the Engineer such receipts or other vouchers as

may be necessary to prove the amounts paid and, before ordering materials, shall

submit to the Engineer quotations for the same for his approval.

In respect of such of the Works executed on a daywork basis, the Contractorshall, during the continuance of such work, deliver each day to the Engineer an

exact list in duplicate of the names, occupation and time of all workmenemployed on such work and a statement, also in duplicate, showing thedescription and quantity of all materials and Contractor's Equipment usedthereon or therefor other than Contractor's Equipment which is included in the

percentage addition in accordance with such daywork schedule. One copy of each

list and statement will, if correct, or when agreed, be signed by the Engineer and

retumed to the Contractor.

At the end of each month the Contractor shall deliver to the Engineer a pricedstatement of the labour, materials and Contractor's Equipment, except as

aforesaid, used and the Contracto¡ shall not be entitled to any payment unless

such lists and statements have been fully and punctually rendered. Providedalways that if the Engineer considers that for any reason the sending of such listsor statements by the Contractor, in accordance with the foregoing provision, was

impracticable he shall nevertheless be entitled to authorise payment for suchwork, either as daywork, on being satisfied as to the time employed and the

labour, materials and Contractor's Equipment used on such work, or at suchvalue the¡efor as shall, in his opinion, be fair and reasonable.

Daywork 52.4

Notice of Claims 53.1

ContemporaryRecords

Procedure for ClaimsNotwithstanding any other provision of the Contract, if the Contractor intends to

claim any additional payment pursuant to any Clause of these Conditions orotherwise, he shall give notice of his intention to the Engineer, with a copy to the

Employer, within 28 days after the event giving rise to the claim has fi¡st arisen.

53.2 Upon the happening of the event referred to in Sub-Clause 53.1, the Contractorshall keep such contemporary records as may reasonably be necessary to supportany claim he may subsequently wish to make.

'Without necessarily admitting the

Employer's liability, the Engineer shall, on receipt of a notice under Sub-Clause53.1, inspect such contemporary records and may instruct the Contractor to keep

24 O FIDIC 1987

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Substantiationof Claims

Failure to Comply

Payment of Claims

Contractor'sEquipment,

Temporary Worksand Materials;Exclusive Usefor the Works

Employer notLiable for Damage

any fufher contemporary records as are reasonable and may be material to theclaim of which notice has been given. The Contractor shall permit ,rrc En!ìn"". ,oinspect all re,cords kept pursuant to this Sub-Clause an¿ shall supply hÏÀ withcopies thereof as and when the Engineer so instructs.53.3 e_tim_e as may be agreed by the Engineer,

the Contractor shall send to the Engineerof the amount claimed and the grounds

continuing effecr, such accounr shar o"'åir",r#oti;tî"" iijår:lî ;::i.lXïåthe Contractor shall, at such inte.vals- as the Engineer may reasonably require,send furthe¡ interim accounts giving the accumuiut"d u-ornt of the claim andany further grounds upon which it ii based. In cases where interim accounts aresent to the Engineer, the Contractor shall send a final account within 2g days ofthe end of

.the effects resulting from the event. The Contractor shail, frequ'eaby the Engineer^so to-do, copy to the Employer all accounts sent to the Engineerpursuant to this Sub_Clause.

53.4 If the ith any of the provisions of this Clause inrespec , his entitlement to payment in respect

thereoarbitra the Engineer or any arbitrator or

e 67.3 assessing the claim considersto be verified ty .contemporary reco¡ds (whether or not such ¡ecords werebrought to the Engineer's notice as required unde¡ Sub-Clauses 53.2 and 53.3).53.5 The Contractor shall be entitled to ha

by the Engineer pursuant to Clause 6Engineer, after due consultation wiconsider due to the Contractor prsufficient particulars to enable the Enparticulars are insufficient to substaniiate the whole of the claim, the Contractorshall be entitled to payment in respect of such part of the claim as such particularsmay substantiate to the satisfaction of the Engineer. The Engineer rr,urrïãiiiy tt

"Contractor of any determination made under-this Sub-Clausã, with a "op/

iá ,n"Employer.

Contractof'q Equipment, Temporary Worksand Materials

54.1 All contractor's Equipment, Temporary works and materials provided by theContractor shall, when brought on to-the Site, be deemed to be exclusivetyintended for the execution of ttle works and the'contractor shall not remove thesame or any part thereof, except for the purpose of moving it from on" fu,t oi tt

"site to another, without the cõnsent of ihe^Engineer. pilvi¿ed that consent shallnot be required for vehicres engaged in -transporting any sturr, tauã,r.,Contractor's Equipment, Temporary úorks, ptant år Àaterials to or f¡om the

Site.

54'2 The Employer shall not at any time be liable, save as mentioned in Clauses 20 and65, for the los.s of or damage to any of the said contractor,s Equipment,Temporary Works or materials.

Customs 54.0Clearance

Re-export of 54.4Contractor's

Equipment

The Employe¡ will use his best endeavours in assisting the Contractor, whererequired, in obtaining clearance through the cuioms Lf contractor,sEquipment, materials and orher things requireá for the Works.

t which the Contractor has imported for

:.ifi: å':,:ff ' äi:î Hï,'",ff ::ï,'T:removar thereof pursuanr to rhe rerms

"t rfl:t¿å:l;,bY

the contractor upon the

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of Contractor,sEquipment

Costs for thePurpose ofClause 63

Works to beMeasured

lncorporation of 54.7Clause in

Subcontracts

Approval of S4.gMaterials

not lmplied

Quantities SS.1

54.5

54.6

with a view to securing, in the event of termination under Clause 63, thecontinued availability,.ñ ,n: ;;õ; of.ex".uÇ-ir,, ril"rrr, of any hiredconr¡acro¡'s Equipmenr, tne contraitor sha, "", u.iie"å" ä ,n" site any hireduontractor's Equipment unress the¡e is- an agreement ior rhe h'e thereof (whichagreement shail be deemed not to in.ir¿" an agreement for hire purchase) which

qöiåi:: '#il'ï äîï'."#ï: ;H',:"'*iil:;;;;;;1,, i" î.iú" s ^;d;uyii"erreitiíe, .;J';; in" É,"proy.;;äilir-,ürË;ï, ïH,iilï.1 t o;:;l:thereof from such ¿ate, hïl'su"rr'öãiär"¿.,, p.gíip,n"niio tr," Employer onthe same terms in alr respects as the same was hi¡edioìlr. ð""or.tor save that theEmptover sha, be entiire¿ ,;-;;ffiïr_

ï:" t¡,.."of by any orher conrracro¡employed by him for the prrpJJ';i'riä.uting and compreting the works andremedying anv defe*s rhereìn, ;;;;r;l.";;s of the said cìause 63.In rhe event of 'nr^iT{_"ter enrering_lnto ajry agreemenr for rhe hi¡e ofconrra*or's Equiomenr pursuanr to srurcrurr" sí.s, ?ìi-rï,ìrï'o.oo"rry paid bvthe Employtt ,n¿., rt" iroui.ìä;"";ö such agreemenr and a, cosrs incurreåbv him (includinø tt,tpãil"r) t" *r*it into sí.t ågrà.-"i, .¡rlr be deemed,ffJ#:,'-:T;iili"'*hff lÉ*;¿t"ll,'#""'"ïïi1i:i:ii:andcomprering

56.1

The contractor shat, whe¡e ente¡ing into any subcontract for the execution ofanv part or rhe y-:il:' i¡i."p"1-'i" in 'uá¡-ìurî;;îä (bv rererence orotherwise) rhe orovisions of thió clause in ,"rutiãn"io"'öäî.u.ro.,s Equipmenr,Temporary woris or mareriars u."rgi-,ìä ro the site by rhe subconr¡acror.The operarion of this

.Clause shall not ,: 9^r"1T:q 1o flrl iny approvat by rheEngineer of the mareriars

". ";il;;;ir"^ ."r"o"d to rhe;ein nor sha, ir prevenrthe rejecrion of anv ru.tr ,nui.¡äirìiäii"rin'e bv rhe Engineer.

MeasurementThe quantities set oyt in.tr.re Bilr of euantities are the esûmated quantities for the'works,

and rhev arr.nor ro be taken ui-tt. "*rl-;"d ä;lîì quantitres of theå';'fiJ:

be exécuted uv tr'" c";,'*;#in rurfilrneniãinJ"îìrgarions unde¡ rhe

The Enginee¡ shar, except as otherwi;e stated, asce¡tain and determine bvmeasurement the value of the works in'u""o.d"n"" *itt, -it

J contract and thåconrracror shat be oaid that vair;'i" uäord-"" *r,n ði.".ã 60. The Engineershall, when he requires any parr of the works ," u.'-ãåîî.ãa, giu" reasonabrenotrce to the Contractor,s uutt o.iseJugåì"rr,'*fro rf,U,

f#:iiî:fJff.ît*ff ild ; w"riried represen rarive ro assis*he Engineer in(b) supply all parriculars required by the Engineer.shourd the contractor not attend, or negrect or omit to send such representative,;:"ili'"ffi::ï'"#ï:.ïio" i;,¡; ü;Í.", o, approved by him sharr be raken romeasuring,,"nr.'.riï.'#;i"il:r,iï:""r"T"iî*ï.*.#lïåTr",'"*Tdrawings, rhe Ensineer sha' preplr. ,".o.¿, ,r¿ á.r*i"ärï, in" work proceedsand the contractoi. as and *i,.n'"uììJi"on to do so in-writìng, shar, within 14davs' arrend to exámine r"J;;;J'rr.h"r".ord,

"il;;#;ï'ï,,n the Engineerand sha, sign the same when" ro ,;;;. rf ìir" b"""ii*,äi'0"., nor arrend r.oexamine and asree such^records u',aî.uri,ngs, they sha, be rJt"n,o be cor¡ect.If' afrer exami"nation or ,r"t, ,*àr¿îî¿ ¿i"*iígr, th"--cänr.u.ror does notagree the same or d ¡ sign the *Ã" u, agr""ã, they shaìt nevertheress betaken to be correcr. u tnJcon,r".ã., *i,;i;'i;,i;;í ;ii,r.h examinarion,lodges with the Eni notice of the respects in which such records anddrawings a¡e craimJd. oy rri.n

^io uî iäyr. on

.receipr of such norice, rheEngineer sha'review t'. t..oiàr-ã"il;;;g, and either cån¡irm or vary rhem.

26O FIDIC 1987

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Method ofMeasurement

Breakdown ofLump Sum ltems

Definition of 58.1"Provisional

Sum"

Use of 58.2Provisional

Sums

Production of 58.3Vouchers

Definition of 59.1"Nominated

Subcontractors"

57.1 The Works shall be measured net, notwithstanding any general or local custom,except where otherwise provided for in the Contract.

57.2 For the purposes of statements submitted in accordance with Sub-Clause 60.1,the Contractor shall submit to the Engineer, within 28 days after the receipt of theLetter of Acceptance, a breakdown for each of the lump sum items contained inthe Tender. Such breakdowns shall be subject to the approval of the Engineer.

Provisional Sums"Provisional Sum" means a sum included in the Cont¡act and so designated inthe Bill of Quantities for the execution of any part of the v/orks or for the supplyof goods, materials, Plant or services, or for contingencies, which srm -uy-bêused, in whole or in part, or nof at all, on the instructions of the Engineer. TheContractor shall be entitled to only such amounts in respect of the wórk, supplyor contingencies to which such Provisional Sums ¡elate as the Engineer itlaitdetermine in accordance with this clause. The Engineer shall notify theContractor of any determination made under this Sub-clause, with a copy io theEmployer.

In respect of every Provisional Sum the Engineer shall have authority to issueinstructions for the execution of work or for the supply of goods, materials, plantor sewices by:

(a) the Contractor, in which case the Contractor shall be entitled to an amountequal to the value thereof determined in accordance with clause 52, and

(b) a nominated subcontractor, as hereinafter defined, in which case the sum tobe paid to the Contractor the¡efor shall be determined and paid in accordancewith Sub-Clause 59.4.

The Contractor shall produce to the Engineer all quotations, invoices, vouchersand accounts or receipts in connection with expenditure in respect of ProvisionalSums, except where work is valued in accordanôe with rates or prices set out in theTender.

59.2

Nom inated Su bcontractorsAll specialists, merchants, tradesmen and othe¡s executing any work or supplyingany goods, materials, Plant or services for which Provisional Sums are includedin the Contract, who may have been or be nominated or selected or approved bythe Employer o¡ the Engineer, and all persons to whom by virtùe of thêprovisions of the Contract the Contractor is required to subcontract shall, in theexecution of such work or the supply of such goods, materials, plant or services,be deemed to be subcontractors to the Contractor and are referred to in thisContract as "nominated Subcontractors".

The contractor shall not be required by the Employer o¡ the Engineer, or bedeemed to be under any obligation, to employ any nominated Subcontractoragainst whom the Contractor may ¡aise reasonable objection, or who declines toenter into a subcontract with the Contractor containing provisions:

(a) that in respect of the work, goods, materials, plant or services the subject ofthe subcontract, the nominated Subcontractor will undertake towarãs theContractor such obligations and liabilities as will enable the Contractor todischarge his own obligations and liabilities towards the Employer under rheterms of the Contract and will save harmless and indemnify the Contractor fromand against the same and from all claims, proceedings, damages, costs, chargesand expenses whatsoever arising out of or in connection therewith, or arising óutof o¡ in connection with any failure to perform such obligations or to fultil suchliabilities, and

NominatedSubcontractors;

Objection toNomination

O FIDIC I98? 27

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Design 59.gBequirements

to be ExpresstyStated

(b) that the nominated Subcontractor will saveContracror from and,aguinr, u.ry n!;;;""." by the fheagents, wo¡kmen and

-servants ãn¿ tioå- and against hisgf any Temporary !9rks p.""i¿.j'li' rhe Conrra" ..conrracr and from ail .rui.n.'* uiJ;;"tå

rrru \'urrtrac rhe

ovisional Sum the servicesation of any part of rhe pin, such requirement sha

l:g:::o,:t, shar,l_..iiv ,nIÎ ¡r'îiJ'îï:å"S,3.on,,-u.,o, providi n g suchservrces w'r save harmress and indemnify the contrac;";-fi; and against thesame and from alr :].1tT:,proceeaings,"àurug.r, ;r;;;-.;;;", and expenses

J'l il:?'::ï":li îj rî : il';l;ffi;;i*' ì'" *"i i¡' ö'ä'ì, * È

ro p",ro,m s u.hPayments to

NominatedSubcontractors

5e'4 ffi'îT,"îîir:äff.î.",'".:;5""î'"ï,ä:'::,fjìi#:iî,,i;ì:: rces supp,ie d bv anv

(a) the actual pnce paid or due to be paid by the contractor, on the instructions ofthe Engineer, and in acco¡dance *irn r¡"rrd.;;;.ö,""(b) in respect,?,liubo'fjyppried by.the conr¡acror, rhe sum, if any, enrered in rheBi, of euanrities or, if ins'tru"i.a uy.qr," E"gì""ïr'iîrruun, ro paragraph (a) ofSub-crause 58.2, as may be ¿ei".-in"¿ i" ,".å?äå"î"ïun crause 52: and(c) in respecl^1lr]r other charges and ?rofir, a sum being a percenrage ¡ate of rheacrual price paid or due ro be"naid¡r"rrui.¿, *ïlr"îr""rsion has been made inthe Bill of Quantities fo¡ a tutJio u" set againsr the rãievant p¡ovisional sum, arthe ¡ate inserted by the conrru.t* againstïat-i,".n år,'*tere no such provisionhas been made, ar the rare i"r".rãà uy tn" conrrã.i*"in ,r,. App"ndix ¡o Tender

åTfi å?tóf :ï';.1'å t:""î ;Ë ::* "i i' -ãá.

-i" î'0"" r ¿,,*i p, J i" ¿

^iî' tn

"59'5 Before issuing,,under crause 60, any certificate, which includes any payment inrespect of work done or goods, marerials, plá", oi-r"rvices suppried by anynominared Subconrracror, ih" pn*in"r. ,úi;;'*rirrå¿ ,o demand f¡om theconrracro¡ reasonabre p;";¡ ,rrui uil puy,n"ni., järï'i"r"nrions, included inprevious certiltcates in respect oi ,tr" *ó.k o, goo¿r, -ur"rials, plant or servicesof such nominared suuconrracìå, ¡uu" uåïîäii'or Jischarged by rhe

E;å:rå::îl rf rhe contru"ià, ruis to supply such proof rhen, untesi rhe

fi',:ii:"ffìJi,i:iffi;;îJålîr. that he has reasonabre cause ror withhording

(b) produces to the Engineer reasonabre proof that he has so informed suchnominated Subcontractor in writinj,the Employer shat be entitred ,o oal to such nominated subcontractor di¡ectupon the cerrificare of the Engin""r,'àl puyÀ"nrii.iï'iåi"r,i""s, provided for inrhe nominared subconr.u"r, irrr.î'n"^cóntru"iå.-rräräred ro make ro suchnominared Subcont¡acro¡ and to de¿uct by way

"ir"i_å¡iì¡e amounr so paid byå;iäi:ler from anv sums due o¡ to become ar. r."- the Emprover to rhê

P¡ovided that, whe¡e the Enginee¡ has certified and the Emproye¡ has paid directas aforesaid, the Enginee¡ sh"all, in iszuing ""y

rr"rr", .l-îr.ur" in favour of theconrracror' dedu-ct f¡om ,nt ä-*r, tt"."är ,rr" à-ãr", so paid, direct asafo¡esaid, bur shall- nor wirhh;I;'å. î"ruy ,r," irr* oì'ìîJ'""n,ocare itself whendue ro be issued under rhe "rf",

ãf ,iJðont a"t.

Certification ofPayments to

NominatedSubcontractors

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Monthly 60.1Statements

Monthly Payments 60.2

Payment of 60.3Retention Money

Correction of 60.4Certificates

Gertificates and PaymentThe Contractor shall submit to the Engineer after the end of each month sixcopies, each signed by the Cont¡actor's representative approved by the Engineerin accordance with Sub-Clause 15.1, of a statement, in such form as the Engineermay from time to time prescribe, showing the amounts to which the Contractorconsiders himself to be entitled up to the end of the month in respect of :

(a) the value of the Permanent Works executed,

(b) any other items in the Bill of Quantities including those for Contractor'sEquipment, Temporary Works, dayworks and the like,

(c) the percentage of the invoice value of listed materials, all as stated in theAppendix to Tender, and Plant delivered by the Contractor on the Site forincorporation in the Permanent Works but not incorporated in such Works,

(d) adjustments under Clause 70, and

(e) any other sum to which the Contractor may be entitled under the Contract orotherwise.

The Engineer shall, within 28 days of receiving such statement, deliver to the Em-ployer an Interim Payment Certificate stating the amount of payment to the Contractorwhich the Engineer considers due and payable in respect of such statement, subject:

(a) firstly, to the retention of the amount calculated by applying the Percentage ofRetention stated in the Appendix to Tender, to the amount to which theContractor is entitled under paragraphs (a), (b), (c) and (e) of Sub-Clause 60.1until the amount so retained reaches the Limit of Retention Money stated in theAppendix to Tender, and

(b) secondly, to the deduction, other than pursuant to Clause 47, of any sumswhich may have become due and payable by the Contractor to the Employer.

Provided that the Engineer shall not be bound to certify any payment under thisSub-Clause if the net amount thereof, after all ¡etentions and deductions, wouldbe less than the Minimum Amount of Interim Payment Ce¡tificates stated in theAppendix to Tender.

Notwithstanding the terms of this Clause or any other Clause of theContract no amount will be certified by the Engineer for payment untilthe performance security, if required under the Contract, has been provided by theContractor and approved by the Employer.

(a) Upon the issue of the Taking-Over Certificate with respect to the whole of theWorks, one half of the Retention Money, or upon the issue of a Taking-OverCertificate with respect to a Section or part of the Permanent Works only suchproportion thereof as the Engineer determines having regard to the relative valueof such Section or part of the Permanent Works, shall be certified by the Engineerfor payment to the Contractor.

(b) Upon the expiration of the Defects Liability Period for the Works the otherhalf ofthe Retention Money shall be certified by the Engineer for payment to the Contractor-Provided that, in the event of different Defects Liability Periods having becomeapplicable to different Sections orparts of the Permanent Works pursuantto Clause 48,the expression "expiration of the Defects Liability Period" shall, for the purposes ofthis Sub-Clause, be deemed to mean the expiration of the latest of such periods-Provided also that if at such time there shall remain to be executed by the Contractorany work instructed, pursuant to Clauses 49 and 50, in respect of the Works, theEngineer shall be entitled to withhold certification until completion of such workof so much of the balance of the Retention Money as shall, in the opinion of theEngineer, represent the cost of the work rernaining to be executed.

The Engineer may by any Interim Payment certificate make any correction ormodification in any previous Interim Payment Certificate which shall have been issuedby him and shall have authority, if any work is not being carried out to his satisfaction,to omit o¡ reduce the value of such work in any Interim Payment Certificate.

OFIDIC 1987 29

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Statement at 60.5ComPletion

Finalstatement 60.6

Discharge 60'7

Final PaYment 60.8Certificate

Cessation of 60'9EmploYer's

LiabilitY

Notlaterthan34daysaftertheissueoftheTaking-overCertificateinrespectofthe whole of the Wort<r, üt" ðonouctor shall submiito the Engineer six copies of a

statement at completiã;";trh ,oppo.ti.,g documenrs showing in detail, in the form

approved bY the Engineer:

(a)thefinalvalueofallworkdoneinaccordancewiththeContractuptothedateìiát"¿ in such Taking-Over Certificate'

(b) any further sums which the Contractor considers to be due' and

(c)anesûmateofamountswhichtheContractorconsiderswillbecomeduetohim under the Contract'

TheestimatedamountsshallbeshownseparatelyinsuchStatementatCompletion. fn" nngîn"ãt rt uff certify puy-"ni in acðordance with Sub-Clause

60.2.LiabilitY Certificate PursuantEngineer for consideration six

meñts showing in detail, in the

(a) the value of all work done in accordance with the Contract' and

(b)anyfurthersumswhichtheContractorconsiderstobeduetohimundertheòontract or otherwise'

"Final Statement")'

::"îì*'åîïlå:ii:::å::'";ffJf,"'i';to the EmPloyer an Interim PaYment

tement, if any, which are not in dispute'

nce with Clause 67'

the Contractor'

Within23daysafterreceiptoftheFinalStatement,andthewrittendischarge,theEngineer sndl issue to irr.Ërnprov"r (with a copy to the contractor) a Final Payment

CeÍificate statmg:

(a)theamountwhich,intheopinionoftheEngineer,isfinallydueundertheòánuact or otherwise, and

unts PreviouslY Paid bY the

titled other than under Clause

to the Contractor o¡ from

e maY be'

ntractor for any matter or thing arising

or execution of the Works, unless the

n respect thereof in his Final Statement

thinls arising after the issue of the

wholã of the Works) in the Statement at

.5.

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Time for Payment 60.10 The amount due to the Contractor under any Interim Payment Certificate issued by theEngineer pursuant to this Clause, or to any other term of the Contract, shall,subject to Clause 4J, be paid by the Employer ro rhe Conrractor within 2g daysafter such Interim Payment Certificate has been delivered to the Employer, or, in thecase of the Final Payment Certificate referred to in Sub-Clause 60.8, within 56 days,after such Final Payment Certificate has been delivered to the Employer. In the evèntof the failure of the Employer to make payment within the times stated, the Employershall pay to the Contractor interest at the ¡ate stated in the Appendix to Tendei uponall sums unpaid from the date by which the same should have been paid. The provisionsof this Sub-Clause are without prejudice to the Contractor's entitlemènt underClause 69 or otherwise.

Only the Defects Liability Certificate, refer¡ed to in Clause 62, shall be deemed toconstitute approval of the Works.

The Contract shall not be considered as completed until a Defects Liabilitycertificate shall have been signed by the Engineer and delivered to the Employei,with a copy to the Contractor, stating the date on which the Contractor shail havecompleted his obligations to execute and complete the works and remedy anydefects therein to the Engineer's satisfaction. The Defecrs Liability Certificatêshall be given by the Engineer within 28 days after the expiration of the DefectsLiability Period, or, if different defects liability periods shall become applicableto different Sections or parts of the Permanent Works, the expiration of ihe tatestsuch period, or as soon thereafter as any works instructed, pursuant to Clauses 49and 50, have been completed to the satisfaction of the Engineer. P¡ovided thatthe issue of the Defects Liability Certificate shall not be a condition precedenr topayment to the Contractor of the second portion of the Retention Money inaccordance with the conditions set out in Sub-Clause 60.3.

Notwithstanding the issue of the Defects Liability Certihcate the Cont¡actor andthe Employer shall remain liable for the fulfilment of any obligation incurredunder the provisions of the Contract prior to the issue of the Defects LiabilityCertificate which remains unperformed at the time such Defects LiabilityCertificate is issued and, for the purposes of determining the nature and extent ofany such obligation, the Contract shall be deemed to remain in force between theparties to the Contract.

RemediesIf the contractor is deemed by law unable to pay his debts as they fall due, orenters into voluntary or involuntary bankruptcy, liquidation or dissolution (otherthan a voluntary liquidation for the pu{poses of amalgamation or reconstruction), orbecomes insolvent, or makes an arangement with, or assignment in favour of, hiscreditors, or agrees to carry out the Contract under a committee of inspection of hiscreditors, o¡ if a receiver, administrator, trustee or liquidator is appoiñted over anysubstantial part of his assets, or if, under any law or regulâtion relating toreorganization, arangement or readjustment of debts, proceedings are commencedagainstthe Contractororresolutionspassed in connection with dissolution orliquidationor if any steps are taken to enforce any security interest over a substantial part of theassets of the Contractor, or if any act is done or event occurs with respèct to theContractor or his assets which, under any applicable law has a substantiâlly similareffect to any of the foregoing acts or events, or if the Contractor has contravened Sub-Clause 3.1, or has an execution levied on his goods, or if the Engineer certifies to theEmployer, with a copy to the contractor, that, in his opinion, the contractor:

(a) has repudiated the Contract,

(b) without reasonable excuse has failed

(i) to commence the Works in accordance with Sub-Clause 4l.7, or

(ii) to proceed with the works, or any section thereof, within 2g days afterreceiving notice pursuant to Sub-Clause 46.1

Approval only byDefects Liability

Certificate

Defects LiabilityGeftificate

61.1

62.1

Unfulfilled 62.2Obligations

Default of 63.1Contractor

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Valuation at Date 69.2of Termination

Payment after 69.3Termination

Assignment of 69.4Benefit of

Agreement

Urgent Remedial 64.1Work

(c) has failed to comply with a notice issued pursuant to Sub_clau se 37.4 or aninstruction issued pursuant to Sub-clause 39.1 rvithin 2g days urt", t*ingreceived it,

(d) despite previous warning from the Engineer, in writing, is otherwisepersistently or flagrantly neglecting to complyïith any of hìs obligations underthe Contract, or

(e) has contravened Sub-Clause 4.1,

then the Employer may, after giving 14 days'notice to the Contractor, enter uponthe Site and the works and terminate the employment of the contractor withoutthereby releasing the Contractor from uny of his obligations or liabilities underthe contract, or affecting the rights and authorities coriened on the Employer orthe Engineer by the contract, and may. himserf comprete the works ;; ;temploy any other contracfor to complete the works. Thå Employer or such othercontractor may use for such completion so much of the contracìor's Equipment,Temporary Works and materials as he or they may think proper.The Engineer shall, as soon as may be practicabre after any such entry andtermination by the Employer, fix and determine ex parte, or by o. after ¡eferenceto the parties or after such investigation or enquiries ur Á" rnuy think fit to makeor institute, and shall certify:

a) what amount (if any) had, at the time of such entry and termination, beenreasonably eamed by or- would reasonably accrue to the Contractor in respect ofwork then actually done by him under the Òonract, and

(b) the value of any of the said unused_or partiaily used materiars, anyContractor's Equipment and any Temporary V/orks.

If the Employer terminates the Contractor's employment under this Clause, he shaller amount (including damages) inDefecrs Liability period aná theremedying of any defects, damageses incurred by the Employer hãveby the Engineer. The Contracto¡

to the Contractor on due completion by him,pay to the Employer fhe amount of such excthe Contracto¡ to the Employer and shall be

unless prohibited by raw, the cont¡actor shail, if so instructed by the Engineerwithin 14 days of such entry and termination ¡eferred to inìu¡_clause 63.1,assign to the ^ any agreement for ttre suppty of any gooaior materials "x"cr1ion

of any worh fåi tt "

pu.poí", oithe Contract, have entered into.If, by reason of any accident, or failur

entitled to employ and pay other persons to carry out such work as the Engineer mayconsider necessary. If the work or repair so done by the e-proy.i is worñ wnictr, iíthe opinion- of the Engineer, the contractor was haúle to do åt hís own cost under theContract, then all costs consequent thereon or incidental thereto shall, after dueconsultation with the Employer and the contractor, be determined by the Engineerand shall be recoverabre from the contractor by the Emptofer, and may befrom any monies due o¡ to become ãr" to the contráctorotify the (lontractor accordingly, with a copy to thehe Enginer:r shall, as soon aftér- the occurrenòe of anyreasonabl practicable , notify the Contracto¡ the¡eof.

22O FIDIC I98?

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No Liability for 65.1Special Risks

Special Risks 65.2

Damage to Works 65.3by Special Risks

Projectile,Missile 65.4

lncreased Costs 65.5arising from

Special Risks

Outbreak of War 65.6

Special RisksThe Contracto¡ shall be under no liability whatsoever in consequence of any ofthe special risks referred to in sub-clause 65.2, whether by way of indemnity orotherwise, for or in respect of:

(a) destruction of or damage to the v/o¡ks, save to work condemned under theprovisions of Clause 39 prior to the occurrence of any of the said special risks,

(b) destruction of or damage to property, whether of the Employer or thirdparttes, or

(c) injury or loss of life.

The special risks are:

(a) the risks defined under paragraphs (a), (c), (d) and (e) of Sub-Clause20.4, and

(b) the risks defined under paragraph (b) of Sub-clause 20.4 insofar as theserelate to the country in which the Works are to be executed.

If the Works or any materials or Plant on or near or in transit to the Site, or any ofthe contractor's Equipment, sustain destruction or damage by reason of any ofthe said special risks, the Contractor shall be entitled to payment in accordancewith the Contract for any Permanent Works duly executed and for any mate¡ialsor Plant so destroyed or damaged and, so far as may be required by the Engineeror as may be necessary for the completion of the Works, to payment for:

(a) rectifying any such destruction or damage to the Works, and

(b) replacing or rectifying such materials or Contractor's Equipment,

and the Engineer shall determine an addition to the Contract Price in accordancewith Clause 52 (which shall in the case of the cost of replacement of Contractor'sEquipment include the fair ma¡ket value thereof as determined by the Engineer)and shall notify the Contractor accordingly, with a copy to the Employer.

Destruction, damage, injury or loss of life caused by the explosion or impact,whenever and wherever occurring, of any mine, bomb, shell, grenade, or otherprojectile, missile, munition, or explosive of war, shall be deemed to be aconsequence of the said special risks.

Save to the extent that the Contractor is entitled to payment under any otherprovision of the Contract, the Employer shall repay to the Contractor any costsof the execution of the \ilorks (other than such as may be attributable to the costof reconstructing work condemled under the provisions of Clause 39 prior to theoccunence of any special risk) which a¡e howsoever attributable to o¡ consequenton or the result of or in any way whatsoever connected with the said special risks,subject however to the provisions in this Clause hereinafter contained in regard tooutbreak of war, but the Contractor shall, as soon as any such cost comes to hisknowledge, forthwith notify the Engineer thereof. The Engineer shall, after dueconsultation with the Employer and the Contractor, determine the amount of theContractor's costs in respect thereof which shall be added to the Contract Priceand shall notify the Contractor accordingly, with a copy to the Employer.

If, during the currency of the Contract, there is an outbreak of war, whether waris declared or not, in any part of the world which, whether financially orotherwise, materially affects the execution of the Works, the Contractor shall,unless and until the Contract is terminated unde¡ the provisions of this Clause,continue to use his best endeavours to complete the execution of the Works.Provided that the Employer shall be entitled, at any time after such outbreak ofwar, to terminate the Contract by giving notice to the Contractor and, upon suchnotice being given, the Contract shall, except as to the rights of the parties underthis Clause and Clause 67, terminate, but without prejudice to the rights of eitherparty in respect of any antecedent breach thereof.

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Removal ofGontractor's

Equipment onTermination

Payment ifContract

Terminated

65.7

65.8

IftheContractisterminatedundertheprovis.ionsofsuþClause65.6,theContractor shall, with all reasonable dispatch' remove. from the Site all

Contractor's equipment and shall give similár facilities to his Subcontractors to

do so.

If the contract is terminated as aforesaid, the contractor shall be paid by the

Employer, insofar u" ,"tt amounts or items have not already been covered by

paymentsonaccountmadetotheContractor,forallworkexecutedpriortothedate of termination ui tte rates and prices provided in the contract and in

addition:

(a)theamountspayableinrespectofanypreliminaryitemsreferredtointheBillof euantities, so far ;ril*"it "r

s".uite comprise_à th.,t.^i:it been carried out

or performed, and a proper proportion of añy suc items which have been

parùally carried out or Performed;

(b)thecostofmaterials,P.antorgoodsreasonablyorderedfortheWorkswhichhave been delivered to the contractor or of which the contractor is legally liable

to accept delivery, such materials, Plant or goods becoming the property of the

irnpfoy'". upon súch payments being made by him;

(c) a sum being the amount of any expenditure- reasonably incurred by the

contractor in rhe ".d;;;; of compteting the whole of the works insofar as

such expenditure t ur'not been "ou"'"å

by íny other payments referred to in this

Sub-Clause;

(d)anyadditionalsumpayableundertheprovisionsofSub-Clauses65.3and65.5;

(e) such proportion of the cost as may be reasonable' taking into account

payments made or io-u" *u¿" for work executed, of removal of contractor's

Ëöiñ; un¿", Sub-Cluuse 65'7 and' if required by the Contractor' return

thereof to the contractor's main plant yard in his country of registration or to

other destination' at no greater cost; and

(flthereasonablecostofrepatriation'ofalltheContractor'sstaffandworkmenemployedonorin"onn".tlonwiththeWorksatthetimeofsuchtermination.

Provided that against any payment due from the Employer under this

Sub-Clause, th" E.;ì;;.i-riur'l Ée entitled to be credited with any outstanding

balances due from'thá lontractor for advances rn respect of contractor's

Equipment, materials and Plant and anf other sums which' at the date of

termination, were recove ' ' r the Contractor under the

terms of the Contract' An Sub-Clause shall' after due

consultation with the E cr' be determined by the

Engineer who shall noti ngly' with a copy to the

Employer.

Release from PerformanceIf any circumstance outside the control of both palties arises^after the issue of the

Letter of Acceptan.. *ti"tt renders it impossible or unlawful for either or both

;;;r 1o fulfri his ãr their contractual obligations, or under the law governrng

the Contract the partLs are released from firther performa¡ce' then the parties

shall be discharged from the contract, except as to their.rights under this clause

and clause 67 and without prejudice,o rtt" rights of either.party in respect of

any antecedent breach of the cóntract, and the sum payable by the Employer to

rhe Contracto, in .årf"a ái tftt work executed shalf Uê ttre same as that which

wouldhavebeenpayaureunderClause65iftheContracthadbeenterminatedunder the Provisions of Clause 65'

Payment in Event 66'1

of Release fromPerformance

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Engineer's 67.1Decision

Amicable 67.2Settlement

Arbitration 67.3

Settlement of ÐisputesIf a dispute of any kind whatsoever arises between the Employer and theContractor in connection with, or arising out of, the Contract or the execution ofthe Works, whether during the execution of the Works or after their completionand whether before or after repudiation or other termination of the Contract,including any dispute as to any opinion, instruction, determination, certificate orvaluation of the Engineer, the matter in dispute shall, in the first place, bereferred in writing to the Engineer, with a copy to the other party. Such referenceshall state that it is made pursuant to this Clause. No later than the eighty-fourthday after the day on which he received such reference the Engineer-shall givenotice of his decision to the Employer and the Contractor. Such decision shallstate that it is made pursuant to this Clause.

Unless the Contract has already been repudiated or terminated, the Contractorshall, in every case, continue to proceed with the Works with all due diligence andthe Contractor and the Employer shall give effect forthwith to every such decisionof the Engineer unless and until the same shall be revised, as hereinafter provided,in an amicable settlement or an arbitral award.

If either the Employer or the Cont¡actor be dissatisfied with any decision of theEngineer, or if the Engineer fails to give notice of his decision on or before theeighty-fourth day after the day on which he received the reference, then either theEmployer or the Conkactor may, on or before the seventieth day after the day onwhich he received notice of such decision, or on or before the seventieth day àfterthe day on which the said period of 84 days expired, as the case may bè, givenotice to the other party, with a copy for information to the Enginéer, oihisintention to commence arbitration, as hereinafter provided, as to the matter indispute. Such notice shall establish the entitlement of the party giving the same tocommence arbitration, as hereinafter provided, as to such dispute and, subject toSub-Clause 67.4, no arbitration in respect thereof may be commenced unless suchnotice is given.

If the Engineer has given notice of his decision as to a matter in dispute to theEmployer and the Contracto¡ and no notice of intention to commence arbitrationas to such dispute has been given by eithe¡ the Employer or the Contractor on orbefore the seventieth day after the day on which the parties received notice as tosuch decision f¡om the Engineer, the said decisioh shall become final and bindingupon the Employer and the Contractor.

Where notice of intention to commence arbitration as to a dispute has beengiven in accordance with Sub-Clause 67.1, the parties shall attèmpt to settlesuch dispute amicably before the commencement of arbitration. Provided that, unlessthe parties otherwise agree, arbitration may be commenced on or after the fifty-sixthday after the day on which notice of intention to commence arbitration of such ãisputewas given, even if no attempt at amicable settlement thereof has been rnade.

Any dispute in respect of which:

(a) the decision, if any, of the Engineer has not become final and bindingpursuant to Sub-Clause 67.1, and

(b) amicable settìement has not been reached within the period stated inSub-Clause 67.2,

shall be finally settled, unless otherwise specified in the Contract, under the Rulesof Conciliation and Arbitration of the International Chamber of Commerce byone or more arbitrators appointed under such Rules. The said arbitrator/s shallhave full power to open up, review and revise any decision, opinion, instruction,determination, certificate or valuation of the Engineer related to ahe dispute.

Neither party shall be limited in the proceedings before such arbitrator/s to theevidence or arguments put before the Engineer for the purpose of obtaining hissaid decision pursuant to Sub-Clause 67.7. No such decision shall disqualify theEngineer from being called as a witness and giving evidence before thearbitrator/s on any matter whatsoever relevant to the dispute.

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IFailure to Comply 67.4

with Engineer'sDecision

Notice to 68.lContractor

Notice toEmployer and

Engineer

Change ofAddress

Default of 69.1Employer

Removal of 69.2Contractor's

Equipment

Payment on 69.3Termination

Arbitration may be commenced prior to or after completion of the works,provided that the obligations of the Employer, the Enginèer and the Contractorshall not be altered by reason of the arbitration being conducted during theprogress of the Works.

Where neither the Employer nor the Contractor has given notice of intention tocommence arbitration of a dispute within the period stated in Sub-Clause 67.1and the related decision has become final and binding, either party may, if theother party fails to comply with such decision, and without pre¡uaicé to any otherrights it may have, refer the failure to arbitration in accordance with Sub-Clause61.3. The provisions of Sub-clauses 67.r and 6l.z shall not apply to any suchreference.

NoticesAll certificates, notices or instructions to be given to the Contractor by theEmployer or the Engineer under the terms of the contract shall be sent by post,cable, telex or facsimile transmission to or left at the Contractor's principai placeof business or such other address as the Contractor shall nominate foi thatpulpose.

68.2 Any notice to be given to the Employer or to the Engineer under the terms of theContract shall be sent by post, cable, telex or facsimile transmission to or left atthe respective addresses nominated for that purpose in Part II of theseConditions.

68.3 Either party may change a nominated address to another address in the countrywhere the

'Works are being executed by prior notice to the other party, with a copy

to the Engineer, and the Engineer may do so by prior notice to boih parties.

Default of EmployerIn the event of the Employer:

(a) failing to pay to the Contractor the amount due unde¡ any certificate of theEngineer within 28 days after the expiry of the time stated in Sub-Clause 60.10within which payment is to be made, subject to any deduction that the Employeris entitled to make under the Contract,

(b) interfering with or obstructing or refusing any required approval to the issueof any such certificate,

(c) becoming bankrupt or, being a company, going into liquidation, other thanfor the purpose of a scheme of reconstruction or amalgamation, or

(d) giving notice to the Contractor that for unforeseen economic reasons it isimpossible for him to continue to meet his contractual obligations,

the Contractor shall be entitled to terminate his employment under the Contractby giving notice to the Employer, with a copy to thé Engineer. such terminationshall take effect 14 days after the giving of rhe notice.

upon the expiry of the 14 days'notice referred to in Sub-clause 69.1, theContractor shall, notwithstanding the provisions of Sub-Clause 54.1, with allreasonable despatch, remove from the Site all Contractor's Equipment broughtby him thereon.

In the event of such termination the Employer shall be under the sarile obligationsto the Contractor in regard to payment as if the Contract had been terminatedunde¡ the provisions of clause 65, but, in addition to the payments specified insub-clause 65.8, the Employer shall pay to the cont¡actor tñe amount òf any lossor damage to the contractor arising out of o¡ in connection with ór byconsequence of such termination.

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Contractor's 69.4Entitlement to

Suspend Work

Resumption 69.5of Work

lncrease or 70.1Decrease

of Cost

Subsequent 70.2Legislation

Currency 71.1Restrictions

Rates of 72.1Exchange

V/ithout prejudice to the Cont¡acto¡'s entitlement to interest under Sub-Clause60.10 and to terminate under Sub-clause 69.1, the contractor may, if theEmployer fails to pay the Contracto¡ the amount due under any certifrcãte of theEngineer within 28 days afte¡ the expiry of the time stated in Sub-Clause 60.10within which payment is to be made, subject to any deduction that the Employeris entitled to make under the confract, after giving 2g d,ays, prior notice ìo it eEmployer, with a copy to the Engineer, suspend work or reduce the rate of work.

If the Contractor suspends work or reduces the rate of work in accordance withthe provisions of this Sub-Clause and thereby suffers delay or incurs costs theEngineer shall, after due consultation with the Employe¡ and the contractor,determine:

(a) any extension of time to which the Contractor is entitled unde¡ Claus e 44, and.

(b) the amount of such costs, which shall be added to the contract price,

and shall notify the contractor accordingly, with a copy to the Employer.

Where the contractor suspends work or reduces the rate of work. having givennotice in accordance with sub-clause 69.4, and the Employer subsequentry puy"the amount due, including interest pursuant to Sub-clause 60.1ó,-tñecontractor's entitlement under sub-clause 69.1 shall, if notice of terminationhas not been given, lapse and the contractor shall resume normal working assoon as is reasonably possible.

Ghanges in Cost and LegislationThere shall be added to or deducted from the Contract Price such sums in respectof rise or fall in the cost of labour andlor materials or any other matters affecìingthe cost of the execution of the Works as may be determined in accordance withPart II of these Conditions.

If, after the date 28 days prior to the latest date for submission of tenders for thecontract there occur in the country in which the works are being or are to beexecuted changes to any National or state Statute, ordinance, Décree or otherLaw o¡ any regulation or bye-law of any local or other duly constituted authority,or the introduction of any such state Statute, ordinance, Decree, Law,regulation or byeJaw which causes additional or reduced cost to the Contractor,other than under sub-clause 70.1, in the execution of the contract, suchadditional or ¡educed cost shall, after due consultation with the Employer and thecontractor, be determined by the Engineer and shall be added tõ or deductedfrom the contract Price- and the Engineer shall notify the contractoraccordingly, with a copy to the Employer.

Currency and Rates of ExchangeIf, after the date 28 days prior to the latest date for submission of tenders for thecontract, the Government or authorised agency of the Government of thecountry in which the works are being or are to be executed imposes currencyrestrictions and/or transfer of currency restrictions in relation to ihe cur¡enry o.currencies in which the Contract Price is to be paid, the Employe¡ shall reimburseany loss or damage to the Cont¡actor arising therefrom, wiìnout prejudice to theright of the contractor to exercise any other rights or remedies to which he isentitled in such event.

where the contract provides for payment in whole or in part to be made to thecontractor in foreign currency or currencies, such paymenishall not be subject tovariations in the rate or rates of exchange between iuóh specified foreign

"uit"n"yor cur¡encies and the cunency of the country in whiðh the 'workJ are to bäexecuted.

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ï- Currency 72.2Proportions

Currencies of 72.9Payment for

Provisionalsums

Where the Employer has required the Tender to be expressed in a single currencybut with payment to be made in more than one currency and the Contractor hasstated the proportions or amounts of other curency or currencies in which herequires payment to be made, the rate or rates of exchange applicable forcalculating the payment of such proporhons or amounts shall, unlèis otherwisestated in Part II of these Conditions, be those prevailing, as determined by thecentral Bank of the country in which the wo¡ks at" to beã*ecuted, on rhe dite 2gdays prior to the latest date for the submission of tenders for the Cont¡act, as hasbeen notified to the contractor by the Employer prior to the submission oftenders or as provided for in the Tender.

where the contract provides for payment in more than one currency, thepropofions or amounts to be paid in foreign currencies in respect of Provisionalsums shall be determined in accordance with the principles set fo¡th inSub-Clauses l2-7 andl2.2 as and when t rese sums a¡e utilised iì whole or in partin acco¡dance with the provisions of Clauses 58 and 59.

REFERENCE TO PART IIAs stated in the Foreword at the beginning of this document, the FIDICcond_itions comprise both part I a ld part II. certain clauses, namelysub-clauses 1.1 paragraph (a) (i) and (iv), 5.1 (par), 14.r, 14.3,6g.2 and70.l mustinclude additional wording in Part II for the conditions to be complete. otherclauses may require additional wording to supplement parf I or to coverpaficular circumstances or the type of work (dredging is an example).

Part II Conditions of Paficular Application with guidelines for the preparationof Pa¡t II are printed in a separately bound document.

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PART I - GENERAL CONDITIONS

lndex

Access to Site

Access to Works, Engineer

Access, Contractor to Satisfy HimselfAccident or Injury to Workmen - Insurance AgainstAccident or Injury to Workmen - Liability forAddress, Change ofAdequacy oflnsurance

Adjustment of Contract Price if Variations Exceed 15 per cent of Tender SumAgréement

A]terations, Additions and Omissions

Ambiguities in Contract Documents

Amicable Settlement of Disputes

Appointment of Assistants to Engineer

Approval by the Engineer

Approval of Materials not Implied

Approval Only by Defects Liability CefificateA¡bit¡ationAssignment of Contract

Avoidance of Damage to Roads

Bills of Quantities - Estimated OnlyBoreholes and Exploratory Excavation

B¡eakdown of Lump Sum Items

Care of Works

Cash Flow Estimate to be Submitted

Certificate, Final Payment

Cefificates and Payment, Monthly Statements

Certificates, Correction ofCertificate, Taking-Over

Certification of Completion of WorksCertification of Completion of Sections or Parts

Cessation of Employer's LiabilityChange of Address, Notice ofClaims, Contemporary Records

Claims, Notice ofClaims, Payment ofClaims, Substantiation ofClaims Under Performance Security

Cleara¡ce of Site on Completion

Commencement of Works

Completion of Works, Time forCompletion of Works, Time for, Extension ofCompletion, Statement at

Compliance with Insurance Policy ConditionsCompliance with Statutes and Regulations

Contemporary Records fo¡ Claims

Contract Agreement

Cont¡actor Not Relieved of Duties or Responsibilities

Contractor's Employees

Cont¡acto¡'s Employees, Engineer at Liberty to Object

Contractor's Entitlement to Suspend Work for Employer's DefaultContractor's Equipment, Conditions of HireContractor's Equipment, Employer not Liable for Damage

Clause

42.1

37.1

11.1

24.224.1

68.325.252.3

9.1

51.&52.

5.267.22.47.3

54.861.1

67.33.1

30.1

55.1

18.1

57.2

20.1

14.360.860.160.4ß.148.1

44.260.968.353.253.1

53.553.310.333.1

4',t.1

43.1

M.160.525.4

26.1

53.2

9.1

14.4

16.1

16.269.454.554.2

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Contractor's Equipment, Insurance ofContractor's Equipment, Reference in Subcont¡actsContractor's Equipment, Temporary Works and Materials;

Exclusive Use fo¡ the WorksCont¡actor's Equipment, Transport ofContractor's Failure to Carry Out InstructionsContractor's Failure to Insure, Remedy

Con tractor's General ResponsibilitiesContractor's Superin tendence

Contractor to Keep Site Clea¡Conf¡actor to Search

Cor¡ection of Certificates

Cost of Remedying Defects

Cost of Samples

Cost of Tests

Cost of Tests not P¡ovided forCovering up Work, Examination Befo¡eCross LiabilitiesCurrencies of Payment for Provisional SumsCurrencies, Rates of Exchange

Currency Rest¡ictions

Custody and Supply of Drawings and DocumentsCustoms Clearance

Damage to Persons and PropertyDamage to Roads, Avoidance ofDamage to Works, Special RisksDamages, Liquidated

Dates for Inspection and TestingDayworkDecrease or Increase of Costs

Default of contractor in compliance with Instructions on Improper workDefault of Contractor, Remedies forDefault of Employer

Defective Materials and WorkDefects, Contractor to Search for, if RequiredDefects, Cost of Remedying

Defec ts Liability Certifi cate

Defects Liabiliry Period

Defects, Remedying ofDefinitionsDelay, Liquidated Damages forDelays and Cost of Delay of DrawingsDesign by Nominated Subcontractors

Discharge

Discrepancies in Documents

Dismissal of Contractor's Employees

Disorderly Conduct, etc.

Disputes, Engineer's DecisionDisruption of Progress

Documents Mutually Explan atory

Drawings

Drawings and Documents - Custody and Supply ofDrawings and Instructions - SupplementaryDrawings, Copy ro be Kept on SiteDrawings, Delays and Cost of Delay of DrawingsDrawings, Failure by Contractor to Submit

Employer not Liable for Damage to Conûacto¡,s Equipment etc.

Clause

21.1

54.7

I9.130.249.425.3

8.1

l5.t32_1

50_1

60.449.336.236.336.438.1

23.372.372.1

71.1

6.1

54_3

22.1

30.1

65.347.1

37.352.470.1

39.263.1

69.1

39.1

50.1

49.362.1

49.1

49.2

1.1

47.1

6.459.3

60.75.2

16.2

u.167.1

6.3

5.26&7

6.1

7.1

6.2

6.4

6.5

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Clauselndex

Employer's Liability, Cessation ofEmployer's Responsibilities

Employer's Risks :

Engagement of Staff and Labour

Engineer's Authority to Delegate

Engineer's Dete¡mination Where Tests not hovided forEngineer's Duties and AuthorityEngineer to Act ImpartiallyEnvi¡onment - Protection ofErrors in Setting Out

Evidence and Terms of Insurance

Examination of Work before Covering Up

Exceptions

Exchange, Rates ofExclusions

Extension of Time, due to Employer's Failure to give Possession of SiteExtension of Time for Completion

Extension of Time for Completion, Contractor's ClaimExtension of Time for Completion, Engineer's DeterminationExtraordinary Traffic

Facilities for Other Contractors

Facilities - Rights of Way and

Failure by Contractor to Submit Drawings

Failure to Comply with Claims P¡ocedure

Failure to Comply with Engineer's Decision

Failure to Give Possession of Site

Faulty Work, Removal ofFees and Notices

Fencing, Watching, Lighting, etc.

Final Payment Certifi cate

Final Statement

Foreign Currencies, Payment in

Fossils

Foundations, Examination of

General Responsibilities of Cont¡actor

Giving of Notices - Payment of Fees

Headings and Marginal Notes

Improper Work and Materials, Removal ofIncrease or Decrease of Costs

Indemnity by Contract

Indemniry by Employer

Independent Inspection

Injury to Persons - Damage to Property

Injury to Workmen

Inspection and Testing

Inspection and Testing, Dates fo¡Inspection of Foundations, etc.

Inspection of Operations

Inspection of Site by Contractor

Instructions for Variations

Inst¡uctions in WritingInstructions, Supplementary

Insurance, Adequacy of

60.919-220.4

u.12.3

36.52.1

2.619.1

17.1

25.1

38.1

22.272.1

21.442.244.1

M.244.330.

31.242.36.5

æ.467.442.239.1

26.1

19.1

60.860.672.27.1

38.1

8.1

26.1

1.2

39.1

70.1

?2.1

&24.122.337.522.1

24-137.237.338.1

37.1

11.1

51.22.57.1

25.2

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