FIDIC CONDITIONS OF CONTRACT YELLOW BOOK
This Second Edition of the Conditions of Contract for Plant and Design-Build has been published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC) as an update of the FIDIC Conditions of Contract for Plant and Design-Build (Yellow Book), First Edition. Under support of FIDIC, Vietnam Engineering Consultant Association conducts training course on Conditions of Contract: Plant and Design – Built (Yellow. Book . FIDICYellow - FIDIC Yellow Book (Conditions of Contract for instruktsiya.info - Ebook download as PDF File .pdf), Text File .txt) or read book online.
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A fundamental principle behind the FIDIC contracts is the use of general conditions of contract that are suitable in almost all cases. In FIDIC Conditions of Contract for. Plant And Design-Build Contract. First Edition, Page 3 of the Contractor submitted with the Letter of Tender. A Contractor's Guide to the FIDIC Conditions of Contract FIDIC-New-Yellow- instruktsiya.info FIDIC New Yellow Book Amr FIDIC New Yellow Book.
The Employer shall not make a claim under the Performance Security, except for amounts to which the Employer is entitled under the Contract in the event of:.
The Employer shall indemnify and hold the Contractor harmless against and from all damages, losses and expenses including legal fees and expenses resulting from a claim under the Performance Security to the extent that the Employer was not entitled to make the claim. Any amount which is received by the Employer under the Performance Security shall be taken into account:. The Employer shall return the Performance Security to the Contractor: FORMS 4.
All these persons shall be fluent in the language for communications defined in Sub-Clause 1. An objection shall be deemed reasonable if it arises from among other things any of the following matters, unless the Employer agrees to. The Contractor shall pay to the nominated Subcontractor the amounts due in accordance with the subcontract. These amounts plus other charges shall be included in the Contract Price in accordance with sub-paragraph b of Sub-Clause Before issuing a Payment Certificate which includes an amount payable to a nominated Subcontractor, the Engineer may request the Contractor to supply reasonable evidence that the nominated Subcontractor has received all amounts due in accordance with previous Payment Certificates, less applicable deductions for retention or otherwise.
Unless the Contractor:. Thereafter, the Engineer shall give a Notice to the Contractor stating the amount paid directly to the nominated Subcontractor by the Employer and, in the next IPC after this Notice, shall include this amount as a deduction under sub-paragraph b of Sub-Clause The Contractor shall: If the Contractor finds an error in any items of reference, the Contractor shall give a Notice to the Engineer describing it:.
After receiving a Notice from the Contractor under Sub-Clause 4. If, under sub-paragraph b above, an experienced contractor would not have discovered the error: This manual shall be in addition to any other similar document required under applicable health and safety regulations and Laws.
Each revision of the manual shall be submitted promptly to the Engineer. In addition to the reporting requirement of sub-paragraph g of Sub-Clause 4.
The Contractor shall prepare and implement a QM System to demonstrate compliance with the requirements of the Contract. Thereafter, whenever the QM System is updated or revised, a copy shall promptly be submitted to the Engineer. If the Engineer does not give such a Notice within 21 days of the date of submission of the QM System, the Engineer shall be deemed to have given a Notice of No-objection.
The Engineer may, at any time, give a Notice to the Contractor stating the. After receiving this Notice, the Contractor shall immediately remedy such failure. The Contractor shall carry out internal audits of the QM System regularly, and at least once every 6 months.
The Contractor shall submit to the Engineer a report listing the results of each internal audit within 7 days of completion. The Contractor shall prepare and implement a Compliance Verification System to demonstrate that the design, Materials, Employer-Supplied Materials if any , Plant, work and workmanship comply in all respects with the Contract. In the event that any inspection or test identifies a non-compliance with the Contract, Sub-Clause 7.
To the extent which was practicable taking account of cost and time , the Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the Tender or Works.
To the same extent, the Contractor shall be deemed to have inspected and examined the Site, access to the Site, its surroundings, the above data and other available information, and to have been satisfied. Works, including: Accepted Contract Amount The Contractor shall be deemed to: After discovery of such physical conditions, the Contractor shall give a Notice to the Engineer, which shall:.
The Contractor shall continue execution of the Works, using such proper and reasonable measures as are appropriate for the physical conditions and to enable the Engineer to inspect and investigate them. The Contractor shall comply with any instructions which the Engineer may give for dealing with the physical conditions and, if such an instruction constitutes a Variation, Sub-Clause The agreement or determination, under Sub-Clause The Engineer may also review whether other physical conditions in similar parts of the Works if any were more favourable than could reasonably have been foreseen by the Base Date.
FIDICYellow2017 - FIDIC Yellow Book (Conditions of Contract for Plant .pdf
If and to the extent that these more favourable conditions were encountered, the Engineer may take account of the reductions in Cost which were due to these conditions in calculating the additional Cost to be agreed or determined under this Sub-Clause 4.
However, the net effect of all additions and reductions under this Sub-Clause 4. The Engineer may take account of any evidence of the physical conditions foreseen by the Contractor by the Base Date, which the Contractor may include in the supporting particulars for the Claim under Sub-Clause These measures shall include the proper use of appropriate vehicles conforming to legal load and width limits if any and any other restrictions and routes.
Except as otherwise stated in these Conditions: The Contractor shall.
However, consent shall not be required for vehicles. In addition to any Notice given under Sub-Clause 4. This Notice shall be given within 7 days of the delivery date, shall identify. Each progress report shall be submitted in one paper-original, one electronic copy and additional paper copies if any as stated in the Contract Data.
The first report shall cover the period up to the end of the first month following the Commencement Date. Reports shall be submitted monthly thereafter, each within 7 days after the last day of the month to which it relates.
However, nothing stated in any progress report shall constitute a Notice under a Sub-Clause of these Conditions. The Contractor shall promptly clear away and remove from the. The Contractor shall leave that part of the Site and the Works in a clean and safe condition. However, the Contractor may retain at locations on the Site agreed with the Engineer, during the DNP, such Goods as are required for the Contractor to fulfil obligations under the Contract.
FORMS Archaeological and Geological Findings All fossils, coins, articles of value or antiquity, and structures and other remains or items of geological or archaeological interest found on the Site shall be placed under the care and authority of the Employer.
This Notice shall describe the finding and the Engineer shall issue instructions for dealing with it.
Design shall be prepared by designers who:. Sub-Clause 1. Documents shall be written in the language for communications defined in Sub-Clause 1. In this Sub-Clause 5. If the Engineer gives a Notice under sub-paragraph b above, the Contractor shall:.
Sub-Clause 5. If the Employer incurs additional costs as a result of such resubmission and subsequent Review, the Employer shall be entitled subject to Sub-Clause References in the Contract to published standards shall be understood to be references to the edition applicable on the Base Date, unless stated otherwise.
If changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall promptly give a Notice to the Engineer and if appropriate or requested by the Engineer submit proposals for compliance.
To the extent that:. These records shall be kept on the Site and shall be used exclusively for the purposes of this Sub-Clause. The Contractor shall submit to the Engineer under Sub-Clause 5. The number of copies of as-built records to be submitted by the Contractor under this Sub-Clause shall be as required under Sub-Clause 1.
Supply of Documents]. Documents under sub-paragraph b of Sub-Clause 5. Staff and Labour 6. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor.
In collaboration with local health authorities, the Contractor shall ensure that:. The Contractor shall appoint a health and safety officer at the Site, responsible for maintaining health, safety and protection against accidents. This officer shall:.
Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority. Superintendence shall be given by a sufficient number of persons: If appropriate, the Contractor shall then promptly appoint or cause to be appointed a suitable replacement. In the case of the replacement of Key Personnel if any , Sub-Clause 6. The Contractor shall appoint the natural persons named in the Tender to the positions of Key Personnel.
If not so named, or if an appointed person fails to act in the relevant position of Key Personnel, the Contractor shall submit to the Engineer for consent the name and particulars of another person the Contractor proposes to appoint to such position.
If consent is withheld or. Each sample shall be labelled as to origin and intended use in the Works. The Contractor shall give a Notice to the Engineer whenever any Materials, Plant or work is ready for inspection, and before it is to be covered up, put out of sight, or packaged for storage or transport.
The Contractor shall provide all apparatus, assistance, documents and other information, temporary supplies of electricity and water, equipment, fuel, consumables, instruments, labour, materials, and suitably qualified, experienced and competent staff, as are necessary to carry out the specified tests efficiently and properly. The Contractor shall give a Notice to the Engineer, stating the time and place for the specified testing of any Plant, Materials and other parts of the Works.
The Engineer may, under Clause 13 [Variations and Adjustments], vary the location or timing or details of specified tests, or instruct the Contractor to carry out additional tests.
If these varied or additional tests show that the tested Plant, Materials or workmanship is not in accordance with the Contract, the Cost and any delay incurred in carrying out this Variation shall be borne by the Contractor. If the Engineer does not attend at. If the Contractor causes any delay to specified tests including varied or additional tests and such delay causes the Employer to incur costs, the Employer shall be entitled subject to Sub-Clause Sub-Clause 7. Plant, Materials and other parts of the Works fails to pass a specified test.
The Contractor shall then promptly prepare and submit a proposal for necessary remedial work. The Engineer may Review this proposal, and may give a Notice to the Contractor stating the extent to which the proposed work, if carried out, would not result in the Plant, Materials, design or workmanship complying with the Contract. After receiving such a Notice the Contractor shall promptly submit a revised proposal to the Engineer.
If the Contractor fails to promptly submit a proposal or revised proposal for remedial work, or fails to carry out the proposed remedial work to which the Engineer has given or is deemed to have given a Notice of No-objection, the Engineer may:. After remedying defects in any Plant, Materials, design or workmanship, if the Engineer requires any such items to be retested, the tests shall be repeated in accordance with Sub-Clause 7.
If the rejection and retesting cause the Employer to incur additional costs, the Employer shall be entitled subject. The Contractor shall comply with the instruction as soon as practicable and not later than the time if any specified in the instruction, or immediately if urgency is specified under sub-paragraph c above.
The Contractor shall bear the cost of all remedial work required under this Sub-Clause, except to the extent that any work under sub-paragraph c above is attributable to:. Except to the extent that the Contractor would have been entitled to payment for work under this Sub-Clause, the Employer shall be entitled subject to Sub-Clause Notes on the Preparation of Tender Documents Notes on the Preparation of Special Provisions Forms of Securities Letter of Tender Letter of Acceptance Contract Agreement Initial Update Task Group: Second Stage Update Task Group: Special Advisers to the Contracts Committee provided invaluable and continued support in the various drafting and revision stages: Drafts were reviewed by many persons and organisations, including those listed below.
Acknowledgement of all reviewers above does not mean that such persons or organisations approve the wording of all clauses. FIDIC very much appreciates the time and effort devoted by all the above persons. Conds; Guidance for Preparation of Conds of Part. Application; Forms of Tender.
The reprint now also includes the Supplement 1st. The procedure for the determination of contractor and employer claims has also undergone significant changes from the First Edition. Under the Second Edition, the engineer has a greater role in determining claims and disputes, and encouraging collaboration between the parties.
For example, Sub-Clause 3. This is a departure from Sub-Clause 3. Once the engineer has made a Determination or there has been a deemed rejection, a party has 28 days to serve a Notice of Dissatisfaction referring the dispute to the Dispute Adjudication Board , otherwise the Determination is final and binding. One of the more contentious changes from the First Edition to the Second Edition was to the language of the Fitness for Purpose provision in Sub-Clause 4.
This is especially important, as the Second Edition now includes a corresponding indemnity in Sub-Clause A number of revisions have been made in order to encourage faster resolution of claims. In the First Edition, the contractor was required to give notice of a claim to the employer within 28 days of becoming aware of the same.
By contrast, Sub-Clause 2. The Second Edition has removed Sub-Clause 2. Now, both the employer and contractor are subject to the day limitation period for notification of claims under Clause As well, the Second Edition now requires a formal Notice be provided in respect of any claims.
As a result, parties will no longer be entitled to rely on informal notices, such as discussion points in meeting minutes or emails. The Second Edition provides for an 84 day limitation period for submission of a detailed claim by either the employer or the contractor. This deadline only applies to claims for payment or for reduction in the contract price and claims for extension of time, and replaces the 42 day limitation period for contractor claims in Sub-Clause The detailed claim must include:.In drafting Special Provisions, if clauses in the General Conditions are to be replaced or supplemented and before incorporating any example wording, Employers are urged to seek legal and engineering advice in an effort to avoid ambiguity and to ensure completeness and consistency with the other provisions of the contract.
All repeated tests under this Sub-Clause shall be carried out in accordance with the terms applicable to the previous tests, except that they shall be carried out at the risk and cost of the Party liable, under Sub-Clause GENERAL of communication, it shall be identified as such and include reference to the provision s of the Contract under which it is issued where appropriate; c delivered by hand against receipt , or sent by mail or courier against receipt , or transmitted using any of the systems of electronic transmission under sub-paragraph a ii above; and.
Under the Second Edition, the engineer has a greater role in determining claims and disputes, and encouraging collaboration between the parties.
FIDIC discourages modification of its publications, and only in exceptional circumstances will it authorise modification, reproduction or incorporation elsewhere. Amongst other things, this was on the basis that OHL failed to progress the Works with due expedition, thereby breaching Clause 8. The Contractor shall keep at all times, on the Site, a copy of:.
Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority.
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