FIDIC 2017 General Conditions of Contract - PDF

This document is restricted for distribution within the Lexis Nexis platform - NOT FOR CONTRACT USE AND NOT PRINTABLE - ORIGINAL FOR SALE AT www.fidic.org If no as-built records to be prepared by the Contractor are stated in the Specification, this Sub-Clause shall not apply. The Contractor sh...

This document is restricted for distribution within the Lexis Nexis platform - NOT FOR CONTRACT USE AND NOT PRINTABLE - ORIGINAL FOR SALE AT www.fidic.org If no as-built records to be prepared by the Contractor are stated in the Specification, this Sub-Clause shall not apply. The Contractor shall prepare, and keep up-to-date, a complete set of “as-built” records of the execution of the Works, showing the exact as-built locations, sizes and details of the work as executed by the Contractor. The format, referencing system, system of electronic storage and other relevant details of the as-built records shall be as stated in the Specification (if not stated, as acceptable to the Engineer). These records shall be kept on the Site and shall be used exclusively for the purposes of this Sub-Clause. The as-built records shall be submitted to the Engineer for Review, and the Works shall not be considered to be completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over the Works and Sections] until the Engineer has given (or is deemed to have given) a Notice of No-objection under sub-paragraph (i) of Sub-Clause 4.4.1 [Preparation and Review]. 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 1.8 [Care and Supply of Documents]. 4.4.3 Operation and Maintenance Manuals If no operation and maintenance manuals to be prepared by the Contractor are stated in the Specification, this Sub-Clause shall not apply. The Contractor shall prepare, and keep up-to-date, the operation and maintenance manuals in the format and other relevant details as stated in the Specification. The operation and maintenance manuals shall be submitted to the Engineer for Review, and the Works shall not be considered to be completed for the purposes of taking-over under Sub-Clause 10.1 [Taking Over the Works and Sections] until the Engineer has given (or is deemed to have given) a Notice of No-objection under sub-paragraph (i) of Sub-Clause 4.4.1 [Preparation and Review]. 4.5 Training If no training of employees of the Employer (and/or other identified personnel) by the Contractor is stated in the Specification, this Sub-Clause shall not apply. The Contractor shall carry out training of the Employer’s employees (and/ or other personnel identified in the Specification) in the operation and maintenance of the Works, and any other aspect of the Works, to the extent stated in the Specification. The timing of the training shall be as stated in the Specification (if not stated, as acceptable to the Employer). The Contractor shall provide qualified and experienced training staff, training facilities and all training materials as necessary and/or as stated in the Specification. If the Specification specifies training which is to be carried out before taking over, the Works shall not be considered to be completed for the purposes of taking over under Sub-Clause 10.1 [Taking Over the Works and Sections] until this training has been completed in accordance with the Specification. General Conditions © FIDIC 2017 27 GENERAL CONDITIONS GUIDANCE As-Built Records FORMS 4.4.2 GENERAL CONDITIONS GUIDANCE FORMS This document is restricted for distribution within the Lexis Nexis platform - NOT FOR CONTRACT USE AND NOT PRINTABLE - ORIGINAL FOR SALE AT www.fidic.org 4.6 Co-operation The Contractor shall, as stated in the Specification or as instructed by the Engineer, co-operate with and allow appropriate opportunities for carrying out work by: (a) (b) (c) the Employer’s Personnel; any other contractors employed by the Employer; and the personnel of any legally constituted public authorities and private utility companies, who may be employed in the carrying out, on or near the Site, of any work not included in the Contract. Such appropriate opportunities may include the use of Contractor’s Equipment, Temporary Works, access arrangements which are the responsibility of the Contractor, and/or other Contractor’s facilities or services on the Site. The Contractor shall be responsible for the Contractor’s construction activities on the Site, and shall use all reasonable endeavours to co-ordinate these activities with those of other contractors to the extent (if any) stated in the Specification or as instructed by the Engineer. If the Contractor suffers delay and/or incurs Cost as a result of an instruction under this Sub-Clause, to the extent (if any) that co-operation, allowance of opportunities and coordination was Unforeseeable having regard to that stated in the Specification, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to EOT and/or payment of such Cost Plus Profit. 4.7 Setting Out 4.7.1 The Contractor shall set out the Works in relation to the items of reference under Sub-Clause 2.5 [Site Data and Items of Reference]. Accuracy The Contractor shall: (a) (b) (c) (d) 4.7.2 Errors If the Contractor finds an error in any items of reference, the Contractor shall give a Notice to the Engineer describing it: (a) (b) 4.7.3 28 © FIDIC 2017 verify the accuracy of all these items of reference before they are used for the Works; promptly deliver the results of each verification to the Engineer; rectify any error in the positions, levels, dimensions or alignment of the Works; and be responsible for the correct positioning of all parts of the Works. within the period stated in the Contract Data (if not stated, 28 days) calculated from the Commencement Date, if the items of reference are specified on the Drawings and/or in the Specification; or as soon as practicable after receiving the items of reference, if they are issued by the Engineer under Sub-Clause 2.5 [Site Data and Items of Reference]. Agreement or Determination of rectification measures, delay and/or Cost After receiving a Notice from the Contractor under Sub-Clause 4.7.2 Conditions of Contract for Construction  This document is restricted for distribution within the Lexis Nexis platform - NOT FOR CONTRACT USE AND NOT PRINTABLE - ORIGINAL FOR SALE AT www.fidic.org (c) (and, for the purpose of Sub-Clause 3.7.3 [Time limits], the date the Engineer receives the Contractor’s Notice under Sub-Clause 4.7.2 [Errors] shall be the date of commencement of the time limit for agreement under Sub-Clause 3.7.3). If, under sub-paragraph (b) above, an experienced contractor would not have discovered the error: (i) (ii) 4.8 Health and Safety Obligations The Contractor shall: (a) (b) (c) (d) (e) (f) (g) General Conditions © FIDIC 2017 Sub-Clause 13.3.1 [Variation by Instruction] shall apply to the measures that the Contractor is required to take (if any); and if the Contractor suffers delay and/or incurs Cost as a result of the error, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to EOT and/or payment of such Cost Plus Profit. comply with all applicable health and safety regulations and Laws; comply with all applicable health and safety obligations specified in the Contract; comply with all directives issued by the Contractor’s health and safety officer (appointed under Sub-Clause 6.7 [Health and Safety of Personnel]); take care of the health and safety of all persons entitled to be on the Site and other places (if any) where the Works are being executed; keep the Site, Works (and the other places (if any) where the Works are being executed) clear of unnecessary obstruction so as to avoid danger to these persons; provide fencing, lighting, safe access, guarding and watching of: (i) the Works, until the Works are taken over under Clause 10 [Employer’s Taking Over]; and (ii) any part of the Works where the Contractor is executing outstanding works or remedying any defects during the DNP; and provide any Temporary Works (including roadways, footways, guards and fences) which may be necessary, because of the execution of the Works, for the use and protection of the public and of owners and occupiers of adjacent land and property. Within 21 days of the Commencement Date and before commencing any 29 GENERAL CONDITIONS whether or not there is an error in the items of reference; whether or not (taking account of cost and time) an experienced contractor exercising due care would have discovered such an error • when examining the Site, the Drawings and the Specification before submitting the Tender; or • if the items of reference are specified on the Drawings and/or in the Specification and the Contractor’s Notice is given after the expiry of the period stated in sub-paragraph (a) of Sub-Clause 4.7.2; and what measures (if any) the Contractor is required to take to rectify the error GUIDANCE (a) (b) FORMS [Errors], the Engineer shall proceed under Sub-Clause 3.7 [Agreement or Determination] to agree or determine: GENERAL CONDITIONS construction on the Site, the Contractor shall submit to the Engineer for information a health and safety manual which has been specifically prepared for the Works, the Site and other places (if any) where the Contractor intends to execute the Works. This manual shall be in addition to any other similar document required under applicable health and safety regulations and Laws. GUIDANCE The health and safety manual shall set out all the health and safety requirements: (i) (ii) This document is restricted for distribution within the Lexis Nexis platform - NOT FOR CONTRACT USE AND NOT PRINTABLE - ORIGINAL FOR SALE AT www.fidic.org FORMS (iii) stated in the Specification; that comply with all the Contractor’s health and safety obligations under the Contract; and that are necessary to effect and maintain a healthy and safe working environment for all persons entitled to be on the Site and other places (if any) where the Works are being executed. This manual shall be revised as necessary by the Contractor or the Contractor’s health and safety officer, or at the reasonable request of the Engineer. 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 4.20 [Progress Reports], the Contractor shall submit to the Engineer details of any accident as soon as practicable after its occurrence and, in the case of an accident causing serious injury or death, shall inform the Engineer immediately. The Contractor shall, as stated in the Specification and as the Engineer may reasonably require, maintain records and make reports (in compliance with the applicable health and safety regulations and Laws) concerning the health and safety of persons and any damage to property. 4.9 Quality Management and Compliance Verification Systems 4.9.1 Quality Management System The Contractor shall prepare and implement a QM System to demonstrate compliance with the requirements of the Contract. The QM System shall be specifically prepared for the Works and submitted to the Engineer within 28 days of the Commencement Date. Thereafter, whenever the QM System is updated or revised, a copy shall promptly be submitted to the Engineer. The QM System shall be in accordance with the details stated in the Specification (if any) and shall include the Contractor’s procedures: (a) (b) (c) 30 © FIDIC 2017 to ensure that all Notices and other communications under Sub-Clause 1.3 [Notices and Other Communications], Contractor’s Documents, as-built records (if applicable), operation and maintenance manuals (if applicable), and contemporary records can be traced, with full certainty, to the Works, Goods, work, workmanship or test to which they relate; to ensure proper coordination and management of interfaces between the stages of execution of the Works, and between Subcontractors; and for the submission of Contractor’s Documents to the Engineer for Review. Conditions of Contract for Construction This document is restricted for distribution within the Lexis Nexis platform - NOT FOR CONTRACT USE AND NOT PRINTABLE - ORIGINAL FOR SALE AT www.fidic.org The Engineer may Review the QM System and may give a Notice to the Contractor stating the extent to which it does not comply with the Contract. Within 14 days after receiving this Notice, the Contractor shall revise the QM System to rectify such non-compliance. 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 extent to which the Contractor is failing to correctly implement the QM System to the Contractor’s activities under the Contract. After receiving this Notice, the Contractor shall immediately remedy such failure. GUIDANCE 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. Each report shall include, where appropriate, the proposed measures to improve and/or rectify the QM System and/or its implementation. FORMS If the Contractor is required by the Contractor’s quality assurance certification to be subject to external audit, the Contractor shall immediately give a Notice to the Engineer describing any failing(s) identified in any external audit. If the Contractor is a JV, this obligation shall apply to each member of the JV. 4.9.2 Compliance Verification System The Contractor shall prepare and implement a Compliance Verification System to demonstrate that the design (if any), Materials, Employer-Supplied Materials (if any), Plant, work and workmanship comply in all respects with the Contract. The Compliance Verification System shall be in accordance with the details stated in the Specification (if any) and shall include a method for reporting the results of all inspections and tests carried out by the Contractor. In the event that any inspection or test identifies a non-compliance with the Contract, Sub-Clause 7.5 [Defects and Rejection] shall apply. The Contractor shall prepare and submit to the Engineer a complete set of compliance verification documentation for the Works or Section (as the case may be), fully compiled and collated in the manner described in the Specification or, if not so described, in a manner acceptable to the Engineer. 4.9.3 4.10 Use of Site Data General Conditions © FIDIC 2017 General provision Compliance with the QM System and/or Compliance Verification System shall not relieve the Contractor from any duty, obligation or responsibility under or in connection with the Contract. The Contractor shall be responsible for interpreting all data referred to under Sub-Clause 2.5 [Site Data and Items of Reference]. 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 before submitting the Tender as to all matters relevant to the execution of the Works, including: 31 GENERAL CONDITIONS