FIDIC 2017 Conditions of Contract for Construction PDF

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 If no Key Personnel are stated in the Specification this Sub-Clause shall not apply. The Contractor shall appoint the natural persons...

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 If no Key Personnel are stated in the Specification this Sub-Clause shall not apply. The Contractor shall appoint the natural persons named in the Tender to the positions of Key Personnel. If not so named, or if an appointed person fails to act in the relevant position of Key Personnel, the Contractor shall submit to the Engineer for consent the name and particulars of another person the Contractor proposes to appoint to such position. If consent is withheld or subsequently revoked, the Contractor shall similarly submit the name and particulars of a suitable replacement for such position. If the Engineer does not respond within 14 days after receiving any such submission, by giving a Notice stating his/her objection to the appointment of such person (or replacement) with reasons, the Engineer shall be deemed to have given his/her consent. The Contractor shall not, without the Engineer’s prior consent, revoke the appointment of any of the Key Personnel or appoint a replacement (unless the person is unable to act as a result of death, illness, disability or resignation, in which case the appointment shall be deemed to have been revoked with immediate effect and the appointment of a replacement shall be treated as a temporary appointment until the Engineer gives his/her consent to this replacement, or another replacement is appointed, under this Sub-Clause). All Key Personnel shall be based at the Site (or, where Works are being executed off the Site, at the location of the Works) for the whole time that the Works are being executed. If any of the Key Personnel is to be temporarily absent during execution of the Works, a suitable replacement shall be temporarily appointed, subject to the Engineer’s prior consent. All Key Personnel shall be fluent in the language for communications defined in Sub-Clause 1.4 [Law and Language]. GUIDANCE GENERAL CONDITIONS 6.12 Key Personnel 7 Plant, Materials and Workmanship 7.1 Manner of Execution The Contractor shall carry out the manufacture, supply, installation, testing and commissioning and/or repair of Plant, the production, manufacture, supply and testing of Materials, and all other operations and activities during the execution of the Works: (a) (b) (c) 7.2 Samples The Contractor shall submit the following samples of Materials, and relevant information, to the Engineer for consent prior to using the Materials in or for the Works: (a) 42 © FIDIC 2017 in the manner (if any) specified in the Contract; in a proper workmanlike and careful manner, in accordance with recognised good practice; and with properly equipped facilities and non-hazardous Materials, except as otherwise specified in the Contract. manufacturer’s standard samples of Materials and samples specified in the Contract, all at the Contractor’s cost, and Conditions of Contract for Construction The Employer’s Personnel shall, during all the normal working hours stated in the Contract Data and at all other reasonable times: (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) have full access to all parts of the Site and to all places from which natural Materials are being obtained; during production, manufacture and construction (at the Site and elsewhere), be entitled to: (i) examine, inspect, measure and test (to the extent stated in the Specification) the Materials, Plant and workmanship, (ii) check the progress of manufacture of Plant and production and manufacture of Materials, and (iii) make records (including photographs and/or video recordings); and carry out other duties and inspections, as specified in these Conditions and the Specification. The Contractor shall give the Employer’s Personnel full opportunity to carry out these activities, including providing safe access, facilities, permissions and safety equipment. The Contractor shall give a Notice to the Engineer whenever any Materials, Plant or work is ready for inspection, and before it is to be covered up, put out of sight, or packaged for storage or transport. The Employer’s Personnel shall then either carry out the examination, inspection, measurement or testing without unreasonable delay, or the Engineer shall promptly give a Notice to the Contractor that the Employer’s Personnel do not require to do so. If the Engineer gives no such Notice and/or the Employer’s Personnel do not attend at the time stated in the Contractor’s Notice (or such time as may be agreed with the Contractor), the Contractor may proceed with covering up, putting out of sight or packaging for storage or transport. If the Contractor fails to give a Notice in accordance with this Sub-Clause, the Contractor shall, if and when required by the Engineer, uncover the work and thereafter reinstate and make good, all at the Contractor’s risk and cost. 7.4 Testing by the Contractor This Sub-Clause shall apply to all tests specified in the Contract, other than the Tests after Completion (if any). The Contractor shall provide all apparatus, assistance, documents and other information, temporary supplies of electricity and water, equipment, fuel, consumables, instruments, labour, materials, and suitably qualified, experienced and competent staff, as are necessary to carry out the specified tests efficiently and properly. All apparatus, equipment and instruments shall be calibrated in accordance with the standards stated in the Specification or defined by applicable Laws and, if requested by the Engineer, the Contractor shall submit calibration certificates before carrying out testing. The Contractor shall give a Notice to the Engineer, stating the time and place for the specified testing of any Plant, Materials and other parts of the Works. This Notice shall be given in reasonable time, having regard to the location of the testing, for the Employer’s Personnel to attend. General Conditions © FIDIC 2017 43 GUIDANCE 7.3 Inspection Each sample shall be labelled as to origin and intended use in the Works. FORMS additional samples instructed by the Engineer as a Variation. GENERAL CONDITIONS (b) GENERAL CONDITIONS GUIDANCE The Engineer may, under Clause 13 [Variations and Adjustments], vary the location or timing or details of specified tests, or instruct the Contractor to carry out additional tests. If these varied or additional tests show that the tested Plant, Materials or workmanship is not in accordance with the Contract, the Cost and any delay incurred in carrying out this Variation shall be borne by the Contractor. The Engineer shall give a Notice to the Contractor of not less than 72 hours of his/her intention to attend the tests. If the Engineer does not attend at the time and place stated in the Contractor’s Notice under this Sub-Clause, the Contractor may proceed with the tests, unless otherwise instructed by the Engineer. These tests shall then be deemed to have been made in the Engineer’s presence. If the Contractor suffers delay and/or incurs Cost from complying with any such instruction or as a result of a delay for which the Employer is responsible, the Contractor shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to EOT and/or payment of Cost Plus Profit. If the Contractor causes any delay to specified tests (including varied or additional tests) and such delay causes the Employer to incur costs, the Employer shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment of these costs by the Contractor. The Contractor shall promptly forward to the Engineer duly certified reports of the tests. When the specified tests have been passed, the Engineer shall endorse the Contractor’s test certificate, or issue a test certificate to the Contractor, to that effect. If the Engineer has not attended the tests, he/she shall be deemed to have accepted the readings as accurate. Sub-Clause 7.5 [Defects and Rejection] shall apply in the event that any Plant, Materials and other parts of the Works fails to pass a specified test. 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 7.5 Defects and Rejection If, as a result of an examination, inspection, measurement or testing, any Plant, Materials, Contractor’s design (if any) or workmanship is found to be defective or otherwise not in accordance with the Contract, the Engineer shall give a Notice to the Contractor describing the item of Plant, Materials, design or workmanship that has been found to be defective. The Contractor shall then promptly prepare and submit a proposal for necessary remedial work. The Engineer may Review this proposal, and may give a Notice to the Contractor stating the extent to which the proposed work, if carried out, would not result in the Plant, Materials, Contractor’s design (if any) or workmanship complying with the Contract. After receiving such a Notice the Contractor shall promptly submit a revised proposal to the Engineer. If the Engineer gives no such Notice within 14 days after receiving the Contractor’s proposal (or revised proposal), the Engineer shall be deemed to have given a Notice of No-objection. If the Contractor fails to promptly submit a proposal (or revised proposal) for remedial work, or fails to carry out the proposed remedial work to which the Engineer has given (or is deemed to have given) a Notice of No-objection, the Engineer may: (a) (b) 44 © FIDIC 2017 instruct the Contractor under sub-paragraph (a) and/or (b) of Sub-Clause 7.6 [Remedial Work]; or reject the Plant, Materials, Contractor’s design (if any) or workmanship Conditions of Contract for Construction 7.6 Remedial Work In addition to any previous examination, inspection, measurement or testing, or test certificate or Notice of No-objection by the Engineer, at any time before the issue of the Taking-Over Certificate for the Works the Engineer may instruct the Contractor to: 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 (a) (b) (c) repair or remedy (if necessary, off the Site), or remove from the Site and replace any Plant or Materials which are not in accordance with the Contract; repair or remedy, or remove and re-execute, any other work which is not in accordance with the Contract; and carry out any remedial work which is urgently required for the safety of the Works, whether because of an accident, unforeseeable event or otherwise. The Contractor shall comply with the instruction as soon as practicable and not later than the time (if any) specified in the instruction, or immediately if urgency is specified under sub-paragraph (c) above. The Contractor shall bear the cost of all remedial work required under this Sub-Clause, except to the extent that any work under sub-paragraph (c) above is attributable to: (i) (ii) 7.7 Ownership of Plant and Materials General Conditions © FIDIC 2017 GENERAL CONDITIONS After remedying defects in any Plant, Materials, design (if any) or workmanship, if the Engineer requires any such items to be retested, the tests shall be repeated in accordance with Sub-Clause 7.4 [Testing by the Contractor] at the Contractor’s risk and cost. If the rejection and retesting cause the Employer to incur additional costs, the Employer shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment of these costs by the Contractor. GUIDANCE FORMS by giving a Notice to the Contractor, with reasons, in which case sub-paragraph (a) of Sub-Clause 11.4 [Failure to Remedy Defects] shall apply. any act by the Employer or the Employer’s Personnel. If the Contractor suffers delay and/or incurs Cost in carrying out such work, 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; or an Exceptional Event, in which case Sub-Clause 18.4 [Consequences of an Exceptional Event] shall apply. If the Contractor fails to comply with the Engineer’s instruction, the Employer may (at the Employer’s sole discretion) employ and pay other persons to carry out the work. Except to the extent that the Contractor would have been entitled to payment for work under this Sub-Clause, the Employer shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment by the Contractor of all costs arising from this failure. This entitlement shall be without prejudice to any other rights the Employer may have, under the Contract or otherwise. Each item of Plant and Materials shall, to the extent consistent with the mandatory requirements of the Laws of the Country, become the property of the Employer at whichever is the earlier of the following times, free from liens and other encumbrances: 45 GUIDANCE GENERAL CONDITIONS (a) (b) (c) 7.8 Royalties when it is delivered to the Site; when the Contractor is paid the value of the Plant and Materials under Sub-Clause 8.11 [Payment for Plant and Materials after Employer’s Suspension]; or when the Contractor is paid the amount determined for the Plant and Materials under Sub-Clause 14.5 [Plant and Materials intended for the Works]. Unless otherwise stated in the Specification, the Contractor shall pay all royalties, rents and other payments for: FORMS (a) (b) natural Materials obtained from outside the Site, and the disposal of material from demolitions and excavations and of other surplus material (whether natural or man-made), except to the extent that disposal areas within the Site are stated in the Specification. 8 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 Commencement, Delays and Suspension 8.1 Commencement of Works 8.2 Time for Completion 8.3 Programme The Engineer shall give a Notice to the Contractor stating the Commencement Date, not less than 14 days before the Commencement Date. Unless otherwise stated in the Particular Conditions, the Commencement Date shall be within 42 days after the Contractor receives the Letter of Acceptance. The Contractor shall commence the execution of the Works on, or as soon as is reasonably practicable after, the Commencement Date and shall then proceed with the Works with due expedition and without delay. The Contractor shall complete the whole of the Works, and each Section (if any), within the Time for Completion for the Works or Section (as the case may be), including completion of all work which is stated in the Contract as being required for the Works or Section to be considered to be completed for the purposes of taking over under Sub-Clause 10.1 [Taking Over the Works and Sections]. The Contractor shall submit an initial programme for the execution of the Works to the Engineer within 28 days after receiving the Notice under Sub-Clause 8.1 [Commencement of Works]. This programme shall be prepared using programming software stated in the Specification (if not stated, the programming software acceptable to the Engineer). The Contractor shall also submit a revised programme which accurately reflects the actual progress of the Works, whenever any programme ceases to reflect actual progress or is otherwise inconsistent with the Contractor’s obligations. The initial programme and each revised programme shall be submitted to the Engineer in one paper copy, one electronic copy and additional paper copies (if any) as stated in the Contract Data, and shall include: (a) (b) 46 © FIDIC 2017 the Commencement Date and the Time for Completion, of the Works and of each Section (if any); the date right of access to and possession of (each part of) the Site is to be given to the Contractor in accordance with the time (or times) Conditions of Contract for Construction