FIDIC 2017 Construction Contract PDF

Promptly after the issue of a Taking-Over Certificate, the Contractor shall clear away and remove, from that part of the Site and Works to which the Taking-Over Certificate refers, all Contractor’s Equipment, surplus material, wreckage, rubbish, hazardous waste and Temporary Works. The Contractor sh...

Promptly after the issue of a Taking-Over Certificate, the Contractor shall clear away and remove, from that part of the Site and Works to which the Taking-Over Certificate refers, all Contractor’s Equipment, surplus material, wreckage, rubbish, hazardous waste and Temporary Works. The Contractor shall leave that part of the Site and the Works in a clean and safe condition. However, the Contractor may retain at locations on the Site agreed with the Engineer, during the DNP, such Goods as are required for the Contractor to fulfil obligations under the Contract. 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 4.23 Archaeological and Geological Findings All fossils, coins, articles of value or antiquity, and structures and other remains or items of geological or archaeological interest found on the Site shall be placed under the care and authority of the Employer. The Contractor shall take all reasonable precautions to prevent Contractor’s Personnel or other persons from removing or damaging any of these findings. The Contractor shall, as soon as practicable after discovery of any such finding, give a Notice to the Engineer in good time to give the Engineer opportunity to promptly inspect and/or investigate the finding before it is disturbed. This Notice shall describe the finding and the Engineer shall issue instructions for dealing with it. If the Contractor suffers delay and/or incurs Cost from complying with the Engineer’s instructions, 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. 5 Subcontracting 5.1 Subcontractors The Contractor shall not subcontract: (a) (b) works with a total accumulated value greater than the percentage of the Accepted Contract Amount stated in the Contract Data (if not stated, the whole of the Works); or any part of the Works for which subcontracting is not permitted as stated in the Contract Data. The Contractor shall be responsible for the work of all Subcontractors, for managing and coordinating all the Subcontractors’ works, and for the acts or defaults of any Subcontractor, any Subcontractor’s agents or employees, as if they were the acts or defaults of the Contractor. The Contractor shall obtain the Engineer’s prior consent to all proposed Subcontractors, except: General Conditions © FIDIC 2017 (i) (ii) suppliers of Materials; or a subcontract for which the Subcontractor is named in the Contract. 37 GENERAL CONDITIONS GUIDANCE At all times, the Contractor shall keep the Site free from all unnecessary obstruction, and shall properly store or remove from the Site any Contractor’s Equipment (subject to 4.17 [Contractor’s Equipment]) and/or surplus materials. The Contractor shall promptly clear away and remove from the Site any wreckage, rubbish, hazardous waste and Temporary Works which are no longer required. FORMS GENERAL CONDITIONS GUIDANCE FORMS Where the Contractor is required to obtain the Engineer’s consent to a proposed Subcontractor, the Contractor shall submit the name, address, detailed particulars and relevant experience of such a Subcontractor and the work intended to be subcontracted to the Engineer and further information which the Engineer may reasonably require. If the Engineer does not respond within 14 days after receiving this submission (or further information if requested), by giving a Notice objecting to the proposed Subcontractor, the Engineer shall be deemed to have given his/her consent. The Contractor shall give a Notice to the Engineer not less than 28 days before the intended date of the commencement of each Subcontractor’s work, and of the commencement of such work on the Site. 5.2 Nominated Subcontractors 5.2.1 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 5.2.2 Definition of “nominated Subcontractor” In this Sub-Clause, “nominated Subcontractor” means a Subcontractor named as such in the Specification or whom the Engineer, under Sub-Clause 13.4 [Provisional Sums], instructs the Contractor to employ as a Subcontractor. Objection to Nomination The Contractor shall not be under any obligation to employ a nominated Subcontractor whom the Engineer instructs and against whom the Contractor raises reasonable objection by giving a Notice to the Engineer, with detailed supporting particulars, no later than 14 days after receiving the Engineer’s instruction. An objection shall be deemed reasonable if it arises from (among other things) any of the following matters, unless the Employer agrees to indemnify the Contractor against and from the consequences of the matter: (a) (b) (c) 5.2.3 38 © FIDIC 2017 there are reasons to believe that the Subcontractor does not have sufficient competence, resources or financial strength; the subcontract does not specify that the nominated Subcontractor shall indemnify the Contractor against and from any negligence or misuse of Goods by the nominated Subcontractor, the nominated Subcontractor’s agents and employees; or the subcontract does not specify that, for the subcontracted work (including design, if any), the nominated Subcontractor shall: (i) undertake to the Contractor such obligations and liabilities as will enable the Contractor to discharge the Contractor’s corresponding obligations and liabilities under the Contract, and (ii) indemnify the Contractor against and from all obligations and liabilities arising under or in connection with the Contract and from the consequences of any failure by the Subcontractor to perform these obligations or to fulfil these liabilities. Payments to nominated Subcontractors The Contractor shall pay to the nominated Subcontractor the amounts due in accordance with the subcontract. These amounts plus other charges shall be included in the Contract Price in accordance with sub-paragraph (b) of Sub-Clause 13.4 [Provisional Sums], except as stated in Sub-Clause 5.2.4 [Evidence of Payments]. Conditions of Contract for Construction (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 submits this reasonable evidence to the Engineer, or (i) satisfies the Engineer in writing that the Contractor is reasonably entitled to withhold or refuse to pay these amounts, and (ii) submits to the Engineer reasonable evidence that the nominated Subcontractor has been notified of the Contractor’s entitlement, then the Employer may (at the Employer’s sole discretion) pay, directly to the nominated Subcontractor, part or all of such amounts previously certified (less applicable deductions) as are due to the nominated Subcontractor and for which the Contractor has failed to submit the evidence described in sub-paragraphs (a) or (b) above. Thereafter, the Engineer shall give a Notice to the Contractor stating the amount paid directly to the nominated Subcontractor by the Employer and, in the next IPC after this Notice, shall include this amount as a deduction under sub-paragraph (b) of Sub-Clause 14.6.1 [The IPC]. 6 Staff and Labour 6.1 Engagement of Staff and Labour 6.2 Rates of Wages and Conditions of Labour 6.3 Recruitment of Persons 6.4 Labour Laws General Conditions © FIDIC 2017 Except as otherwise stated in the Specification, the Contractor shall make arrangements for the engagement of all Contractor’s Personnel, and for their payment, accommodation, feeding, transport and welfare. The Contractor shall pay rates of wages, and observe conditions of labour, which comply with all applicable Laws and are not lower than those established for the trade or industry where the work is carried out. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor. The Contractor shall not recruit, or attempt to recruit, staff and labour from amongst the Employer’s Personnel. Neither the Employer nor the Engineer shall recruit, or attempt to recruit, staff and labour from amongst the Contractor’s Personnel. The Contractor shall comply with all the relevant labour Laws applicable to the Contractor’s Personnel, including Laws relating to their employment (including wages and working hours), health, safety, welfare, immigration and emigration, and shall allow them all their legal rights. 39 GENERAL CONDITIONS Before issuing a Payment Certificate which includes an amount payable to a nominated Subcontractor, the Engineer may request the Contractor to supply reasonable evidence that the nominated Subcontractor has received all amounts due in accordance with the previous Payment Certificates, less applicable deductions for retention or otherwise. Unless the Contractor: GUIDANCE Evidence of Payments FORMS 5.2.4 6.5 Working Hours FORMS 6.6 Facilities for Staff and Labour 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 Contractor shall require the Contractor’s Personnel to obey all applicable Laws, including those concerning health and safety at work. No work shall be carried out on the Site on locally recognised days of rest, or outside the normal working hours stated in the Contract Data, unless: (a) (b) (c) GUIDANCE GENERAL CONDITIONS 6.7 Health and Safety of Personnel Except as otherwise stated in the Specification, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel. If such accommodation and facilities are to be located on the Site, except where the Employer has given the Contractor prior permission, they shall be located within the areas identified in the Contract. If any such accommodation or facilities are found elsewhere within the Site, the Contractor shall immediately remove them at the Contractor’s risk and cost. The Contractor shall also provide facilities for the Employer’s Personnel as stated in the Specification. In addition to the requirements of Sub-Clause 4.8 [Health and Safety Obligations], the Contractor shall at all times take all necessary precautions to maintain the health and safety of the Contractor’s Personnel. In collaboration with local health authorities, the Contractor shall ensure that: (a) (b) 6.8 Contractor’s Superintendence 40 © FIDIC 2017 medical staff, first aid facilities, sick bay, ambulance services and any other medical services stated in the Specification are available at all times at the Site and at any accommodation for Contractor’s and Employer’s Personnel; and suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics. The Contractor shall appoint a health and safety officer at the Site, responsible for maintaining health, safety and protection against accidents. This officer shall: (i) (ii) otherwise stated in the Contract; the Engineer gives consent; or the work is unavoidable or necessary for the protection of life or property or for the safety of the Works, in which case the Contractor shall immediately give a Notice to the Engineer with reasons and describing the work required. be qualified, experienced and competent for this responsibility; and have the authority to issue directives for the purpose of maintaining the health and safety of all personnel authorised to enter and/or work on the Site and to take protective measures to prevent accidents. Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority. From the Commencement Date until the issue of the Performance Certificate, the Contractor shall provide all necessary superintendence to plan, arrange, direct, manage, inspect, test and monitor the execution of the Works. Conditions of Contract for Construction (b) 6.9 Contractor’s Personnel 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 for the satisfactory and safe execution of the Works. The Contractor’s Personnel (including Key Personnel, if any) shall be appropriately qualified, skilled, experienced and competent in their respective trades or occupations. The Engineer may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Contractor’s Representative and Key Personnel (if any), who: (a) (b) (c) (d) (e) (f) 6.10 Contractor’s Records Unless otherwise proposed by the Contractor and agreed by the Engineer, in each progress report under Sub-Clause 4.20 [Progress Reports], the Contractor shall include records of: (b) (c) (d) (e) 6.11 Disorderly Conduct General Conditions © FIDIC 2017 persists in any misconduct or lack of care; carries out duties incompetently or negligently; fails to comply with any provision of the Contract; persists in any conduct which is prejudicial to safety, health, or the protection of the environment; is found, based on reasonable evidence, to have engaged in corrupt, fraudulent, collusive or coercive practice; or has been recruited from the Employer’s Personnel in breach of Sub-Clause 6.3 [Recruitment of Persons]. If appropriate, the Contractor shall then promptly appoint (or cause to be appointed) a suitable replacement. In the case of replacement of the Contractor’s Representative, Sub-Clause 4.3 [Contractor’s Representative] shall apply. In the case of replacement of Key Personnel (if any), Sub-Clause 6.12 [Key Personnel] shall apply. (a) who are fluent in or have adequate knowledge of the language for communications (defined in Sub-Clause 1.4 [Law and Language]); and who have adequate knowledge of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents), GENERAL CONDITIONS (a) GUIDANCE Superintendence shall be given by a sufficient number of persons: occupations and actual working hours of each class of Contractor’s Personnel; the type and actual working hours of each of the Contractor’s Equipment; the types of Temporary Works used; the types of Plant installed in the Permanent Works; and the quantities and types of Materials used for each work activity shown in the Programme, at each work location and for each day of work. The Contractor shall at all times take all necessary precautions to prevent any unlawful, riotous or disorderly conduct by or amongst the Contractor’s Personnel, and to preserve peace and protection of persons and property on and near the Site. 41 FORMS