Y 2017 - 2

FIDIC Contract: Obligations and Procedures for Contractors

• Published standards referenced in the contract are applicable as of the Base Date, unless otherwise stated.
• If new standards come into force after the Base Date, the Contractor must promptly notify the Engineer and propose compliance.
• The Engineer may initiate a Variation if compliance with new standards requires changes to the execution of the Works.
• The Contractor is responsible for training employees of the Employer in the operation and maintenance of the Works as specified in the Employer’s Requirements.
• The Contractor must provide qualified staff, facilities, and materials for the training as necessary.
• The Contractor is required to maintain complete "as-built" records of the Works and submit them to the Engineer for review.
• The Contractor must prepare and keep up-to-date operation and maintenance manuals for the Works as per the Employer’s Requirements.
• Provisional O&M Manuals are to be submitted before Tests on Completion, with any errors or defects promptly rectified at the Contractor’s cost.
• Final O&M Manuals must be submitted before the issue of any Taking-Over Certificate.
• The format and details of the as-built records and O&M Manuals should comply with the Employer’s Requirements.
• If the Engineer fails to give a Notice of resumption of work within 28 days, the Contractor may treat the suspension as an omission of the affected part of the Works.
• If the suspension affects the whole of the Works, the Contractor may give a Notice of termination.

Contractor's Documents and Review Process in Construction Contracts

• The Contractor is responsible for preparing all Contractor’s Documents necessary for the design and execution of the Works and for instructing the Contractor’s Personnel.
• The Employer’s Personnel have the right to inspect the preparation of these documents, including any investigation, modeling, and testing.
• The "Review Period" for Contractor’s Documents is a maximum of 21 days from the date the Engineer receives the document and a Contractor’s Notice, unless otherwise stated in the Employer’s Requirements.
• A "Contractor’s Document" excludes any documents not specified in the Employer’s Requirements or these Conditions but includes all documents on which a specified Contractor’s Document relies for completeness.
• If the Engineer gives no Notice within the Review Period, it is deemed that the Engineer has given a Notice of No-objection to the Contractor’s Document.
• If the Engineer instructs that further Contractor’s Documents are required to demonstrate compliance with the Contract, the Contractor must prepare and submit them promptly at their own cost.
• If the Engineer gives a Notice that the Contractor’s Document fails to comply with the requirements, the Contractor must revise and resubmit it at their own cost and is not entitled to an extension of time for any resulting delay.
• Construction of a part of the Works requiring Contractor’s Documents for Review cannot commence until a Notice of No-objection is given by the Engineer for all relevant documents and must be in accordance with these documents.
• The Contractor may modify any design or Contractor’s Documents previously submitted for Review by giving a Notice to the Engineer with reasons.
• The completed Works, including defects remedied by the Contractor, must comply with the technical standards, building, construction, and environmental Laws of the country, as well as other standards specified in the Employer’s Requirements or defined by applicable Laws.
• All technical or other standards and Laws applicable to the Works must be those in force when the Works are taken over by the Employer.
• The Contractor’s design, documents, and completed Works must comply with the Laws of the Country and the documents forming the Contract, as altered or modified by Variations.

Learn about the obligations and procedures for contractors as specified in the FIDIC contract, including responsibilities for complying with standards, training employees, maintaining records, and submitting documents for review.