Y 2017 - 1

FIDIC 2017 Plant and Design-Build Contract - Key Points

• The Contractor must obtain the Engineer's prior consent for proposed subcontractors, except for suppliers of materials or a subcontractor named in the contract.
• If the Engineer does not respond within 14 days after receiving a submission about a proposed subcontractor, consent is deemed to be given.
• The Contractor must notify the Engineer at least 28 days before the intended start date of each subcontractor's work.
• "Nominated Subcontractor" is a subcontractor named in the Employer's Requirements or instructed by the Engineer under Sub-Clause 13.4.
• The Contractor must ensure that the Accepted Contract Amount is sufficient for the execution of the Works and is based on all relevant data and interpretations.
• Unforeseeable physical conditions, excluding climatic conditions, encountered at the site during the execution of the Works must be promptly notified to the Engineer by the Contractor.
• The Contractor is responsible for clearing away and removing equipment, surplus material, and hazardous waste from the site after the issue of a Taking-Over Certificate.
• The Contractor must leave the site clean and safe after the issue of a Taking-Over Certificate.
• The Contractor may retain necessary goods at agreed locations on the site during the Defects Notification Period (DNP).
• Any fossils, coins, or items of geological or archaeological interest found on the site shall be placed under the care and authority of the Employer.

Contractor's Obligations and Responsibilities Under FIDIC 2017

• The Contractor is responsible for rectifying any errors or defects in documents prepared for the Works, at their own cost and risk.
• The Contractor is required to provide the Plant, spare parts, Contractor’s Documents, and all other necessary personnel and materials to fulfill their obligations under the Contract.
• The Works must meet the requirements specified in the Employer’s Requirements, Contractor’s Proposal, and Schedules, and the Contractor is responsible for their adequacy, stability, and safety.
• The Contractor must obtain a Performance Security to ensure proper performance of the Contract, in the amount and currency stated in the Contract Data, and deliver it to the Employer within 28 days of receiving the Letter of Acceptance.
• The Performance Security must remain valid and enforceable until the issue of the Performance Certificate and compliance with Sub-Clause 11.11 [Clearance of Site].
• The Contractor is obliged to execute the Works in accordance with the Contract and ensure they are fit for their intended purpose as defined in the Employer’s Requirements.
• The Contractor’s Representative may delegate powers, functions, and authority to competent individuals, subject to the Engineer’s consent and notification.
• Subcontractors may be appointed by the Contractor, subject to the Engineer's prior consent, and the Contractor remains responsible for their work.
• If the Contractor does not complete the Works, a suitable replacement must be temporarily appointed, subject to the Engineer’s prior consent.
• The Contractor shall retain copyright and intellectual property rights in the Contractor’s Documents and design documents.
• If the Contractor suffers delay or incurs costs due to errors, faults, or defects, they are entitled to an Extension of Time (EOT) and/or payment of such costs plus profit, subject to Sub-Clause 20.2 [Claims For Payment and/or EOT].
• The Contractor must submit details of proposed arrangements and methods for executing the Works to the Engineer and cannot make significant alterations without the Engineer's approval.