FIDIC Constructions 2017- some important clauses

 this is some of  FIDIC clauses  and actions required by contractor and employee

Clause no	Clause	Action by	Action
1.9	Delayed drawings	Contractor	- Give notice to engineer -EOT+ cost+ profit
1.13	Compliance with laws	Employer	To give all required permits and licenses
		Contractor	For delayed permits : EOT+ cost+ profit
1.6	Contract agreement	Employer	Within 35 day after letter of acceptance
2.1	Right of access to the site	Employer
		Contractor	If delayed EOT+ cost+ profit
2.4	Employers financial arrangement	employer	Give notice to the contractor when 1-variation >10% or sum of all variations >30% 2- doesn’t receive payments 3-change in the employer financial arrangement
		Contractor	Give notice to the employer
2.5	Site data and item reference	Employer	Made it available before the base date
4.6	Co-operation	Contractor	If delayed EOT+ cost+ profit
4.7.2	Setting out errors	Contractor	Within 28 days from commencement date If delayed EOT+ cost+ profit
4.8	Health and safety obligation	Contractor	Within 21 days from commencement date submit safety manual to engineer
4.9	Quality management and compliance verification system	Contractor	QM system: Within 21 days from commencement date Internal audit to QM system errors every 6 months
4.2	Performance security	Contractor	Within 28 day after letter of acceptance
		Employer	Within 21 day after issue of performance certificate to be returned.
4.3	Contractor representatives	Contractor	Before commencement date
4.4	Contractor documents	Engineer	Respond within 21 day or deemed to be given
4.16	Transport of gods	Contractor	Give notice to the engineer before major items arrival not less than 21 day
4.17	Contractor equipment	Contractor	Not remove major item from site without engineer consent Give notice to the engineer before major items arrival not less than 7 day
4.20	Progress reports	Contractor	Prepared monthly to the engineer
4.23	Archeological and geological findings	Contractor	Inform the engineer If delayed EOT+ cost
5.1	Subcontractors	Contractor	-Not subcontract 100% of the work or any non-permitted work -Submit subcontractors for approval -Give notice to the engineer not less than 28 day before subcontractor commencement date
		Engineer	-Approval not required for suppliers of materials and nominated sub-contractors - Respond within 21 day or deemed to be given
5.2	Nominated subcontractors	Contractor	For objection not later than 14 days after receiving the instructions. Payments by main contractor
		Engineer	May request evidence of payments
6.3	Recruitment of persons	Contractor	Not recruit from employer personnel
8.1	Commencement of work	Employer	Commencement date within 42 day after receiving letter of acceptance
		Engineer	Give notice to the contractor 14 days before Commencement date
8.3	Program	Contractor	Submit within 28 days after receiving notes of commencement date Resubmit if required within 14 days
		Engineer	21 days for review initial program 14 day for review revised program
8.5	Extension of time	Contractor	1-Variations 2-Unforeseeable adverse climatic conditions 3-Employer delay 4-Quantitey increased+10% 5-Delayed caused by authorities
8.7	Rate of progress	Contractor	Revised program
8.12	Prolonged suspension	Contractor	+84-day send notice to the engineer to resumption work If agreed to further suspension EOT+ Cost +Profit Or terminate work
		Engineer	Respond within 28 day
9.0	Test on completion	Contractor	Give notice to the engineer with detailed program before test date not less than 42 day and 21 day before each test.
		Engineer	Respond within 14 day
9.2	Delayed tests	Engineer	Give notice to the contractor to test within 21 days If not started give second notice
		Contractor	Test within 21 day
		Employer	Contractor failed to test, employer test
9.4	Failure to pass test on completion	Engineer	Reject the effected work
10.1	Employers tacking over	Employer	-The work completed + passing the tests -As built -Operation and maintenance manuals -training -tacking over certificate issued by the engineer
		Contractor	Give notice to the contractor to test not more than 21 days before the work will compete
		Engineer	Within 28 day issue the tacking over certificate or reject. Not responding mean the certificate was given.
10.3	Interference with tests on completion	Contractor	+14 day tacking over certificate to be issued + claim for EOT+ cost+ profit
11.1	Extension of defects notification period	Employer	Attribute or claim Not more than 2 years
12.1	Works to be measured	Engineer	Give notice to the contractor to test not less than 7 days
12.3	Valuation of the work	Contractor	A new rate or price in case of New item not similar to BOQ Increase in item quantity by +10% or this item >0.01% contract or cost per unit >1% The new rate shall be relevant to similar in BOQ or cost+ profit
13.	Variation	Engineer	Variation before taking over certificate
		Contractor	-Variation by instruction: Within 28 days to submit (program+ description of variation+ adjustments to contract price) -Variation by proposal: EOT+ Cost Variation examples : changes to the quantity or quality or sequence, timing of the execution/ the omission or addition works
13.6	Adjustments for change in laws	Contractor	Changes in laws, permit , licenses after base date Eot+ cost
14.2	Advance payment	Contractor	Submit to the employer performance certificate + advance payment guarantee Submit to the engineer application to issue advance payment certificate
		Engineer	issue advance payment certificate within 14 day
14.2.3	Repayment of Advance payment	Contractor	25% of interim payment certificate when all IPC>10%
14.6	Issue of IPC	Contractor	No amount will be certified until performance certificate + contractor representative is appointment
14.7	Payments	Employer	-Within 21 days after the employer receiving advance payment certificate -Within 56 days after the engineer receiving interim payment -Within 56 days after the employer receiving final payment certificate
14.8	Delayed payments	Contractor	Financing charges +3% bank
14.9	Release of retention money	Employer	50% after tacking over certificate 50% at end defects and notification  period
15	Termination by the employer	Engineer	1-Give notice to correct, if the contractor not respond 2- Give notes to terminate, if the contractor not respond to notice to correct or not comply with binding agreement or final decision of DAAB -Fails to comply with contractor obligations, proceed the work, performance security, subcontract the whole work, etc. 3-Give second notes to terminate
		Employer	Complete the work Use of contractor’s goods and documents After the completion can sold contractors equipment to recover any payments
16.1	Suspension by the contractor	Contractor	If IPC not done or payments Give notice to the engineer After 21 days suspend the work or reduce the rate EOT+ Cost+ profit
16.2	Termination by the contractor	Contractor	Payments certificate delayed > 56 day Payments delayed >42 day

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