General Conditions PDF

(c) (d) (e) 4.11 Sufficiency of the Accepted Contract Amount (b) 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 4.12 Unforeseeable Physical Conditions 4.12.1 In this Sub-Clau...

(c) (d) (e) 4.11 Sufficiency of the Accepted Contract Amount (b) 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 4.12 Unforeseeable Physical Conditions 4.12.1 In this Sub-Clause, “physical conditions” means natural physical conditions and physical obstructions (natural or man-made) and pollutants, which the Contractor encounters at the Site during execution of the Works, including sub-surface and hydrological conditions but excluding climatic conditions at the Site and the effects of those climatic conditions. If the Contractor encounters physical conditions which the Contractor considers to have been Unforeseeable and that will have an adverse effect on the progress and/or increase the Cost of the execution of the Works, the following procedure shall apply: Contractor’s Notice After discovery of such physical conditions, the Contractor shall give a Notice to the Engineer, which shall: (b) (c) (d) 32 © FIDIC 2017 have satisfied himself/herself as to the correctness and sufficiency of the Accepted Contract Amount; and have based the Accepted Contract Amount on the data, interpretations, necessary information, inspections, examinations and satisfaction as to all relevant matters described in Sub-Clause 4.10 [Use of Site Data]. Unless otherwise stated in the Contract, the Accepted Contract Amount shall be deemed to cover all the Contractor’s obligations under the Contract and all things necessary for the proper execution of the Works in accordance with the Contract. (a) 4.12.2 the form and nature of the Site, including sub-surface conditions; the hydrological and climatic conditions, and the effects of climatic conditions at the Site; the extent and nature of the work and Goods necessary for the execution of the Works; the Laws, procedures and labour practices of the Country; and the Contractor’s requirements for access, accommodation, facilities, personnel, power, transport, water and any other utilities or services. The Contractor shall be deemed to: (a) FORMS GUIDANCE GENERAL CONDITIONS (a) (b) be given as soon as practicable and in good time to give the Engineer opportunity to inspect and investigate the physical conditions promptly and before they are disturbed; describe the physical conditions, so that they can be inspected and/ or investigated promptly by the Engineer; set out the reasons why the Contractor considers the physical conditions to be Unforeseeable; and describe the manner in which the physical conditions will have an adverse effect on the progress and/or increase the Cost of the execution of the Works. Engineer’s inspection and investigation The Engineer shall inspect and investigate the physical conditions within Conditions of Contract for Construction 4.12.3 4.12.4 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 4.12.5 Engineer’s instructions 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 13.3.1 [Variation by Instruction] shall apply. Delay and/or Cost If and to the extent that the Contractor suffers delay and/or incurs Cost due to these physical conditions, having complied with Sub-Clauses 4.12.1 to 4.12.3 above, 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. Agreement or Determination of Delay and/or Cost The agreement or determination, under Sub-Clause 20.2.5 [Agreement or determination of the Claim], of any Claim under Sub-Clause 4.12.4 [Delay and/or Cost] shall include consideration of whether and (if so) to what extent the physical conditions were Unforeseeable. 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. 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 4.12.5. However, the net effect of all additions and reductions under this Sub-Clause 4.12.5 shall not result in a net reduction in the Contract Price. 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 20.2.4 [Fully detailed Claim], but shall not be bound by any such evidence. 4.13 Rights of Way and Facilities 4.14 Avoidance of Interference The Contractor shall bear all costs and charges for special and/or temporary rights-of-way which may be required for the purposes of the Works, including those for access to the Site. The Contractor shall also obtain, at the Contractor’s risk and cost, any additional facilities outside the Site which may be required for the purposes of the Works. The Contractor shall not interfere unnecessarily or improperly with: (a) (b) General Conditions © FIDIC 2017 the convenience of the public; or the access to and use and occupation of all roads and footpaths, irrespective of whether they are public or in the possession of the Employer or of others. 33 GENERAL CONDITIONS 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. GUIDANCE FORMS 7 days, or a longer period agreed with the Contractor, after receiving the Contractor’s Notice. 4.15 Access Route GUIDANCE GENERAL CONDITIONS FORMS The Contractor shall indemnify and hold the Employer harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from any such unnecessary or improper interference. The Contractor shall be deemed to have been satisfied, at the Base Date, as to the suitability and availability of the access routes to the Site. The Contractor shall take all necessary measures to prevent any road or bridge from being damaged by the Contractor’s traffic or by the Contractor’s Personnel. 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: (a) 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 (b) (c) (d) (e) 4.16 Transport of Goods To the extent that non-suitability or non-availability of an access route arises as a result of changes to that access route by the Employer or a third party after the Base Date and as a result the Contractor suffers delay and/or incurs Cost, 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. The Contractor shall: (a) (b) (c) (d) 4.17 Contractor’s Equipment 34 © FIDIC 2017 the Contractor shall (as between the Parties) be responsible for repair of any damage caused to, and any maintenance which may be required for the Contractor’s use of, access routes; the Contractor shall provide all necessary signs or directions along access routes, and shall obtain any permissions or permits which may be required from the relevant authorities, for the Contractor’s use of routes, signs and directions; the Employer shall not be responsible for any third party claims which may arise from the Contractor’s use or otherwise of any access route; the Employer does not guarantee the suitability or availability of particular access routes; and all Costs due to non-suitability or non-availability, for the use required by the Contractor, of access routes shall be borne by the Contractor. give a Notice to the Engineer not less than 21 days before the date on which any Plant, or a major item of other Goods (as stated in the Specification), will be delivered to the Site; be responsible for packing, loading, transporting, receiving, unloading, storing and protecting all Goods and other things required for the Works; be responsible for customs clearance, permits, fees and charges related to the import, transport and handling of all Goods, including all obligations necessary for their delivery to the Site; and indemnify and hold the Employer harmless against and from all damages, losses and expenses (including legal fees and expenses) resulting from the import, transport and handling of all Goods, and shall negotiate and pay all third party claims arising from their import, transport and handling. The Contractor shall be responsible for all Contractor’s Equipment. When brought on to the Site, Contractor’s Equipment shall be deemed to be exclusively intended for the execution of the Works. The Contractor shall Conditions of Contract for Construction 4.18 Protection of the Environment The Contractor shall take all necessary measures to: (a) (b) 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) 4.19 Temporary Utilities 4.20 Progress Reports General Conditions © FIDIC 2017 protect the environment (both on and off the Site); comply with the environmental impact statement for the Works (if any); and limit damage and nuisance to people and property resulting from pollution, noise and other results of the Contractor’s operations and/ or activities. The Contractor shall ensure that emissions, surface discharges, effluent and any other pollutants from the Contractor’s activities shall exceed neither the values indicated in the Specification, nor those prescribed by applicable Laws. The Contractor shall, except as stated below, be responsible for the provision of all temporary utilities, including electricity, gas, telecommunications, water and any other services the Contractor may require for the execution of the Works. The following provisions of this Sub-Clause shall only apply if, as stated in the Specification, the Employer is to provide utilities for the Contractor’s use. The Contractor shall be entitled to use, for the purposes of the Works, the utilities on the Site for which details and prices are given in the Specification. The Contractor shall, at the Contractor’s risk and cost, provide any apparatus necessary for the Contractor’s use of these services and for measuring the quantities consumed. The apparatus provided for measuring quantities consumed shall be subject to the Engineer’s consent. The quantities consumed (if any) during each period of payment stated in the Contract Data (if not stated, each month) shall be measured by the Contractor, and the amount to be paid by the Contractor for such quantities (at the prices stated in the Specification) shall be included in the relevant Statement. Monthly progress reports, in the format stated in the Specification (if not stated, in a format acceptable to the Engineer) shall be prepared by the Contractor and submitted to the Engineer. 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. 35 GENERAL CONDITIONS In addition to any Notice given under Sub-Clause 4.16 [Transport of Goods], the Contractor shall give a Notice to the Engineer of the date on which any major item of Contractor’s Equipment has been delivered to the Site. This Notice shall be given within 7 days of the delivery date, shall identify whether the item of Contractor’s Equipment is owned by the Contractor or a Subcontractor or another person and, if rented or leased, shall identify the rental or leasing entity. GUIDANCE FORMS not remove from the Site any major items of Contractor’s Equipment without the Engineer’s consent. However, consent shall not be required for vehicles transporting Goods or Contractor’s Personnel off Site. Reporting shall continue until the Date of Completion of the Works or, if outstanding work is listed in the Taking-Over Certificate, the date on which such outstanding work is completed. Unless otherwise stated in the Specification, each progress report shall include: (a) GUIDANCE GENERAL CONDITIONS (b) 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 (c) (d) (e) (f) (g) (h) 4.21 Security of the Site However, nothing stated in any progress report shall constitute a Notice under a Sub-Clause of these Conditions. The Contractor shall be responsible for the security of the Site, and: (a) (b) 4.22 Contractor’s Operations on Site 36 © FIDIC 2017 charts, diagrams and detailed descriptions of progress, including each stage of (design by the Contractor, if any) Contractor’s Documents, procurement, manufacture, delivery to Site, construction, erection and testing; photographs and/or video recordings showing the status of manufacture and of progress on and off the Site; for the manufacture of each main item of Plant and Materials, the name of the manufacturer, manufacture location, percentage progress, and the actual or expected dates of: (i) commencement of manufacture, (ii) Contractor’s inspections, (iii) tests, and (iv) shipment and arrival at the Site; the details described in Sub-Clause 6.10 [Contractor’s Records]; copies of quality management documents, inspection reports, test results, and compliance verification documentation (including certificates of Materials); a list of Variations, and any Notices given (by either Party) under Sub-Clause 20.2.1 [Notice of Claim]; health and safety statistics, including details of any hazardous incidents and activities relating to environmental aspects and public relations; and comparisons of actual and planned progress, with details of any events or circumstances which may adversely affect the completion of the Works in accordance with the Programme and the Time for Completion, and the measures being (or to be) adopted to overcome delays. for keeping unauthorised persons off the Site; and authorised persons shall be limited to the Contractor’s Personnel, the Employer’s Personnel, and to any other personnel identified as authorised personnel (including the Employer’s other contractors on the Site), by a Notice from the Employer or the Engineer to the Contractor. The Contractor shall confine the Contractor’s operations to the Site, and to any additional areas which may be obtained by the Contractor and acknowledged by the Engineer as working areas. The Contractor shall take all necessary precautions to keep Contractor’s Equipment and Contractor’s Personnel within the Site and these additional areas, and to keep them off adjacent land. Conditions of Contract for Construction