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| FIDIC Conditions of Contract for Works of Civil Engineering Construction | ||
| Fourth edition, 1987; Reprinted 1988 with editorial amendments; Reprinted 1992 with further amendments | ||
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| Soft cover; Part I: 53 pages Part II: 29 pages Code: FC-RB-A-AA-10 | ||
| Foreword | ||
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The terms of the Fourth Edition of the Conditions of Contract for Works of Civil
Engineering Construction have been prepared by the Fédération Internationale des
Ingénieurs Conseils (FIDIC) and are recommended for general use for the purpose of
construction of such works where tenders are invited on an intemational basis. The
Conditions, subject to minor modifications, are also suitable for use on domestic
contracts. The version in English of the Conditions is considered by FIDIC as the official and authentic text for the purpose of translation.
In the preparation of the Conditions it was recognised that while there are numerous Clauses which will be generally applicable there are some Clauses which must necessarily vary to take account of the circumstances and locality of the Works. The Clauses of general application have been grouped together in this document and are referred to as Part I - General Conditions. They have been printed in a form which will facilitate their inclusion as printed in the contract documents normally prepared. The General Conditions are linked with the Conditions of Particular Application, referred to as Part II, by the corresponding numbering of the Clauses, so that Parts I and II together comprise the Conditions governing the rights and obligations of the parties. Part II must be specially drafted to suit each individual Contract. When dredging and certain types of reclamation work are involved special consideration must be given to Part II. To assist in the preparation of Part II explanatory material and example clauses are published with the Conditions in a separately bound document entitled “Conditions of Contract for Works of Civil Engineering Construction, Part II - Conditions of Particular Application, with Guidelines for preparation of Part II Clauses, Fourth Edition”. FIDIC has published a "Guide to the Use of FIDIC Conditions of Contract for Works of Civil Engineering Construction" which includes comments on the provisions of the Fourth Edition of the Conditions. Users of the Fourth Edition may find it helpful to refer to this Guide. It may also be helpful for users to refer to other FIDIC publications, such as: Tendering Procedure (First Edition 1982) Construction, Insurance and Law (1986) FIDIC gratefully acknowledges the suggestions and comments it has received during the preparation of this edition from European International Contractors (E1Q as mandatory of Confederation of International Contractors Associations (CICA) with participation of Associated General Contractors of America (AGC). | ||
| Contents | ||
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Foreword
PART I: GENERAL CONDITIONS Definitions and Interpretation 1.1 Definitions 1.2 Headings and Marginal Notes 1.3 Interpretation 1.4 Singular and Plural 1.5 Notices, Consents, Approvals, Certificates and Determinations Engineer and Engineer's Representative 2.1 Engineer's Duties and Authority 2.2 Engineer's Representative 2.3 Engineer's Authority to Delegate 2.4 Appointment of Assistants 2.5 Instructions in Writing 2.6 Engineer to Act Impartially Assignment and Subcontracting 3.1 Assignment of Contract 4.1 Subcontracting 4.2 Assignment of Subcontractors' Obligations Contract Documents 5.1 Languages and Law 5.2 Priority of Contract Documents 6.1 Custody and Supply of Drawings and Documents 6.2 One Copy of Drawings to be Kept on Site 6.3 Disruption of Progress 6.4 Delays and Cost of Delay of Drawings 6.5 Failure by Contractor to Submit Drawings 7.1 Supplementary Drawings and Instructions 7.2 Permanent Works Designed by Contractor 7.3 Responsibility Unaffected by Approval General Obligations 8.1 Contractor's General Responsibilities 8.2 Site Operations and Methods of Construction 9.1 Contract Agreement 10.1 Performance Security 10.2 Period of Validity of Performance Security 10.3 Claims under Performance Security 11.1 Inspection of Site 12.1 Sufficiency of Tender 12.2 Not Foreseeable Physical Obstructions or Conditions 13.1 Work to be in Accordance with Contract 14.1 Programme to be Submitted 14.2 Revised Programme 14.3 Cash Flow Estimate to be Submitted 14.4 Contractor not Relieved of Duties or Responsibilities 15.1 Contractor's Superintendence 16.1 Contractor's Employees 16.2 Engineer at Liberty to Object 17.1 Setting-out 18.1 Boreholes and Exploratory Excavation 19.1 Safety, Security and Protection of the Environment 19.2 Employer's Responsibilities 20.1 Care of Works 20.2 Responsibility to Rectify Loss or Damage 20.3 Loss or Damage Due to Employer's Risks 20.4 Employer's Risks 21.1 Insurance of Works and Contractor's Equipment 21.2 Scope of Cover 21.3 Responsibility for Amounts not Recovered 21.4 Exclusions 22.1 Damage to Persons and Property 22.2 Exceptions 22.3 Indemnity by Employer 23.1 Third Party Insurance (including Employer's Property) 23.2 Minimum Amount of Insurance 23.3 Cross Liabilities 24.1 Accident or Injury to Workmen 24.2 Insurance Against Accident to Workmen 25.1 Evidence and Terms of Insurances 25.2 Adequacy of Insurances 25.3 Remedy on Contractor's Failure to Insure 25.4 Compliance with Policy Conditions 26.1 Compliance with Statutes, Regulations 27.1 Fossils 28.1 Patent Rights 28.2 Royalties 29.1 Interference with Traffic and Adjoining Properties 30.1 Avoidance of Damage to Roads 30.2 Transport of Contractor's Equipment or Temporary Works 30.3 Transport of Materials or Plant 30.4 Waterbome Traffic 31.1 Opportunities for Other Contractors 31.2 Facilities for Other Contractors 32.1 Contractor to Keep Site Clear 33.1 Clearance of Site on Completion Labour 34.1 Engagement of Staff and Labour 35.1 Returns of Labour and Contractor's Equipment Quality of Materials, Plant and Workmanship 36.1 Quality of Materials, Plant and Workmanship 36.2 Cost of Samples 36.3 Cost of Tests 36.4 Cost of Tests not Provided for 36.5 Engineer's Determination where Tests not Provided for 37.1 Inspection of Operations 37.2 Inspection and Testing 37.3 Dates for Inspection and Testing 37.4 Rejection 37.5 Independent Inspection 38.1 Examination of Work before Covering up 38.2 Uncovering and Making Openings 39.1 Removal of Improper Work, Materials or Plant 39.2 Default of Contractor in Compliance Suspension 40.1 Suspension of Work 40.2 Engineer's Determination following Suspension 40.3 Suspension lasting more than 84 Days Commencement and Delays 42.1 Possession of Site and Access Thereto 42.2 Failure to Give Possession 42.3 Rights of Way and Facilities 43.1 Time for Completion 44.1 Extension of Time for Completion 44.2 Contractor to Provide Notification and Detailed Particulars 44.3 Interim Determination of Extension 45.1 Restriction on Working Hours 46.1 Rate of Progress 47.1 Liquidated Damages for Delay 47.2 Reduction of Liquidated Damages 48.1 Taking-Over Certificate 48.2 Taking-Over of Sections or Parts 48.3 Substantial Completion of Parts 48.4 Surfaces Requiring Reinstatement Defects Liability 49.1 Defects Liability Period 49.2 Completion of Outstanding Work and Remedying Defects 49.3 Cost of Remedying Defects 49.4 Contractor's Failure to Carry Out Instructions 50.1 Contractor to Search Alterations, Additions and Omissions 51.1 Variations 51.2 Instructions for Variations 52.1 Valuation of Variations 52.2 Power of Engineer to Fix Rates 52.3 Variations Exceeding 15 percent 52.4 Daywork Procedure for Claims 53.2 Contemporary Records 53.3 Substantiation of Claims 53.4 Failure to Comply 53.5 Payment of Claims Contractor's Equipment, Temporary Works and Materials 54.1 Contractor's Equipment, Temporary Works and Materials; Exclusive Use for the Works 54.2 Employer not Liable for Damage 54.3 Customs Clearance 54.4 Re-export of Contractor's Equipment 54.5 Conditions of Hire of Contractor's Equipment 54.6 Costs for the Purpose of Clause 63 54.7 Incorporation of Clause in Subcontracts 54.8 Approval of Materials not Implied Measurement 55.1 Quantities 56.1 Works to be Measured 57.1 Method of Measurement 57.2 Breakdown of Lump Sum Items Provisional Sums 58.1 Definition of "Provisional Sum" 58.2 Use of Provisional Sums 58.3 Production of Vouchers Nominated Subcontractors 59.1 Definition of"Nominated Subcontractors" 59.2 Nominated Subcontractors; Objection to Nomination 59.3 Design Requirements to be Expressly Stated 59.4 Payments to Nominated Subcontractors 59.5 Certification of Payments to Nominated Subcontractors Certificates and Payment 60.1 Monthly Statements 60.2 Monthly Payments 60.3 Payment of Retention Money 60.4 Correction of Certificates 60.5 Statement at Completion 60.6 Final Statement 60.7 Discharge 60.8 Final Payment Certificate 60.9 Cessation of Employer's Liability 60.10 Time for Payment 61.1 Approval only by Defects Liability Certificate 62.1 Defects Liability Certificate 62.2 Unfulfilled Obligations Remedies 63.1 Default of Contractor 63.2 Valuation at Date of Termination 63.3 Payment after Termination 63.4 Assignment of Benefit of Agreement 64.1 Urgent Remedial Work Special Risks 65.1 No Liability for Special Risks 65.2 Special Risks 65.3 Damage to Works by Special Risks 65.4 Projectile, Missile 65.5 Increased Costs arising from Special Risks 65.6 Outbreak of War 65.7 Removal of Contractor's Equipment on Termination 65.8 Payment if Contract Terminated Release from Performance 66.1 Payment in Even of Release from Performance Settlement of Disputes 67.1 Engineer's Decision 67.2 Amicable Settlement 67.3 Arbitration 67.4 Failure to Comply with Engineer's Decision Notices 68.1 Notice to Contractor 68.2 Notice to Employer and Engineer 68.3 Change of Address Default of Employer 69.1 Default of Employer 69.2 Removal of Contractor's Equipment 69.3 Payment on Termination 69.4 Contractor's Entitlement to Suspend Work 69.5 Resumption of Work Changes in Cost and Legislation 70.1 Increase or Decrease of Cost 70.2 Subsequent Legislation Currency and Rates of Exchange 71.1 Currency Restrictions 72.1 Rates of Exchange 72.2 Currency Proportions 72.3 Currencies of Payment for Provisional Sums REFERENCE TO PART II INDEX TENDER AGREEMENT EDITORIAL AMENDMENTS IN 1988 FURTHER AMENDMENTS IN 1992 |
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