FIDIC 2017 General Conditions PDF

GENERAL CONDITIONS GUIDANCE 5.2 Contractor’s Documents Promptly after receiving a Notice under Sub-Clause 8.1 [Commencement of Works], the Contractor shall scrutinise the Employer’s Requirements (including design criteria and calculations, if any). If the Contractor discovers any error, faul...

GENERAL CONDITIONS GUIDANCE 5.2 Contractor’s Documents Promptly after receiving a Notice under Sub-Clause 8.1 [Commencement of Works], the Contractor shall scrutinise the Employer’s Requirements (including design criteria and calculations, if any). If the Contractor discovers any error, fault or other defect in the Employer’s Requirements, Sub-Clause 1.9 [Errors in the Employer’s Requirements] shall apply (unless it is an error in the items of reference specified in the Employer’s Requirements, in which case Sub-Clause 4.7 [Setting Out] shall apply). The Contractor’s Documents shall comprise the documents: FORMS (a) (b) (c) 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 5.2.1 specified in the Employer’s Requirements; required to satisfy all permits, permissions, licences and other regulatory approvals which are the Contractor’s responsibility under Sub-Clause 1.13 [Compliance with Laws]; and described in Sub-Clause 5.6 [As-Built Records] and Sub-Clause 5.7 [Operation and Maintenance Manuals]. Preparation by Contractor Unless otherwise stated in the Employer’s Requirements, the Contractor’s Documents shall be written in the language for communications defined in Sub-Clause 1.4 [Law and Language]. The Contractor shall prepare all Contractor’s Documents, and any other documents necessary to complete and implement the design during execution of the Works and to instruct the Contractor’s Personnel. The Employer’s Personnel shall have the right to inspect the preparation of all these documents (including any investigation, modelling and testing), wherever they are being prepared. 5.2.2 Review by Engineer In this Sub-Clause 5.2.2: - - - 38 © FIDIC 2017 “Review Period” means the period not exceeding 21 days, or as otherwise stated in the Employer’s Requirements, calculated from the date on which the Engineer receives a Contractor’s Document and a Contractor’s Notice; “Contractor’s Document” excludes any of the Contractor’s Documents which are not specified in the Employer’s Requirements or these Conditions as being required to be submitted for Review, but includes all documents on which a specified Contractor’s Document relies for completeness; and “Contractor’s Notice” means the Notice which shall state that the relevant Contractor’s Document is considered by the Contractor to be ready for Review under this Sub-Clause 5.2.2 and for use, and that it complies with the Employer’s Requirements and these Conditions, or the extent to which it does not do so. If the Employer’s Requirements or these Conditions specify that a Contractor’s Document is to be submitted to the Engineer for Review, it shall be submitted accordingly, together with a Contractor’s Notice. Conditions of Contract for Plant and Design-Build 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) of No-objection (which may include comments concerning minor matters which will not substantially affect the Works ); or that the Contractor’s Document fails (to the extent stated) to comply with the Employer’s Requirements and/or the Contract, with reasons. If the Engineer gives no Notice within the Review Period, the Engineer shall be deemed to have given a Notice of No-objection to the Contractor’s Document (provided that all other Contractor’s Documents on which that Contractor’s Document relies (if any) have been given, or are deemed to have been given, a Notice of No-objection). If the Engineer instructs that further Contractor’s Documents are reasonably required to demonstrate that the Contractor’s design complies with the Contract, the Contractor shall prepare and submit them promptly to the Engineer at the Contractor’s cost. If the Engineer gives a Notice under sub-paragraph (b) above, the Contractor shall: (i) (ii) (iii) 5.2.3 If the Employer incurs additional costs as a result of such resubmission and subsequent Review, the Employer shall be entitled subject to Sub-Clause 20.2 [Claims For Payment and/or EOT] to payment by the Contractor of the costs reasonably incurred. Construction Except for Contractor’s Documents under Sub-Clause 5.6 [As-Built Records] and Sub-Clause 5.7 [Operation and Maintenance Manuals], for each part of the Works requiring Contractor’s Documents to be submitted for Review: (a) (b) (c) General Conditions © FIDIC 2017 revise the Contractor’s Document; resubmit it to the Engineer for Review in accordance with this Sub-Clause 5.2.2, and the Review Period shall be calculated from the date that the Engineer receives it; and not be entitled to EOT for any delay caused by any such revision and resubmission and/or by subsequent Review by the Engineer. construction of such a part shall not commence until a Notice of No-objection is given (or is deemed to have been given) by the Engineer for all the Contractor’s Documents which are relevant to its design and execution; construction of such a part shall be in accordance with these Contractor’s Documents; and the Contractor may modify any design or Contractor’s Documents which have previously been submitted for Review, by giving a Notice to the Engineer with reasons. If the Contractor has commenced construction of the part of the Works to which such design or Contractor’s Documents are relevant: (i) work on this part shall be suspended; (ii) the provisions of Sub-Clause 5.2.2 [Review by Engineer] shall apply as if the Engineer had given a Notice in respect of the Contractor’s Documents under sub-paragraph (b) of Sub-Clause 5.2.2; and (iii) work on this part shall not resume until a Notice of No-objection is given (or is deemed to have been given) by the Engineer for the revised documents. 39 GENERAL CONDITIONS (a) GUIDANCE The Engineer shall, within the Review Period, give a Notice to the Contractor: FORMS GENERAL CONDITIONS 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 undertakes that the design, the Contractor’s Documents, the execution of the Works and the completed Works will be in accordance with: (a) (b) 5.4 Technical Standards and Regulations FORMS GUIDANCE 5.3 Contractor’s Undertaking the Laws of the Country; and the documents forming the Contract, as altered or modified by Variations. The Contractor’s Documents, the execution of the Works and the completed Works (including defects remedied by the Contractor) shall comply with the Country’s technical standards, building, construction and environmental Laws, Laws applicable to the product being produced from the Works, and other standards specified in the Employer’s Requirements, applicable to the Works, or defined by applicable Laws. All these technical or other standards and Laws shall, in respect of the Works, and each Section and Part, be those in force when the Works or Section or Part are taken over under Clause 10 [Employer’s Taking Over]. References in the Contract to published standards shall be understood to be references to the edition applicable on the Base Date, unless stated otherwise. If changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall promptly give a Notice to the Engineer and (if appropriate or requested by the Engineer) submit proposals for compliance. To the extent that: (a) (b) 5.5 Training the Engineer considers that compliance is required and such compliance requires change(s) to the execution of the Works; and the Contractor’s proposals for compliance constitute a Variation; then the Engineer shall initiate a Variation in accordance with Clause 13 [Variations and Adjustments]. The Contractor shall carry out training of employees of the Employer (and/or other personnel identified in the Employer’s Requirements) in the operation and maintenance of the Works, and any other aspect of the Works, to the extent specified in the Employer’s Requirements. If the Employer’s Requirements specify 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 Employer’s Requirements. The timing of the training shall be as stated in the Employer’s Requirements (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 Employer’s Requirements. 5.6 As-Built Records 40 © FIDIC 2017 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 Conditions of Contract for Plant and Design-Build The Contractor shall submit to the Engineer under Sub-Clause 5.2.2 [Review by Engineer]: (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 5.7 Operation and Maintenance Manuals the as-built records for the Works or Section (as the case may be) before the commencement of the Tests on Completion; and updated as-built records to the extent that any work is executed by the Contractor: (i) during and/or after the Tests on Completion, before the issue of any Taking-Over Certificate under Sub-Clause 10.1 [Taking Over the Works and Sections]; and (ii) after taking over under Sub-Clause 10.1 [Taking Over the Works and Sections], before the issue of the Performance Certificate. 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]. The Contractor shall prepare, and keep up-to-date, a complete set of operation and maintenance manuals for the Works (the “O&M Manuals” in these Conditions). The format and other relevant details of the O&M Manuals shall be as stated in the Employer’s Requirements and, in any case, these manuals shall: (a) (b) be in sufficient detail for the Employer to: (i) operate, maintain and adjust the Works to ensure that the performance of the Works, Section and/or Plant (as the case may be) continues to comply with the performance criteria specified in the Employer’s Requirements and the Schedule of Performance Guarantees; and (ii) operate, maintain, dismantle, reassemble, adjust and repair the Plant; and include an inventory of spare parts required for the Employer’s future operation and maintenance of the Plant. Before commencement of the Tests on Completion, the Contractor shall submit provisional O&M Manuals for the Works or Section (as the case may be) to the Engineer under Sub-Clause 5.2.2 [Review by Engineer]. If during the Tests on Completion any error or defect is found in the provisional O&M Manuals, the Contractor shall promptly rectify the error or defect at the Contractor’s risk and cost. Before the issue of any Taking-Over Certificate under Sub-Clause 10.1 [Taking Over the Works and Sections], the final O&M Manuals shall be submitted to the Engineer under Sub-Clause 5.2.2 [Review by Engineer]. General Conditions © FIDIC 2017 41 GENERAL CONDITIONS GUIDANCE FORMS 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 Employer’s Requirements (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.  GENERAL CONDITIONS agree to a further suspension, in which case the Parties may agree the EOT and/or Cost Plus Profit (if the Contractor incurs Cost), and/or payment for suspended Plant and/or Materials, arising from the total period of suspension; or (and if the Parties fail to reach agreement under this sub-paragraph (a)) (b) 8.13 Resumption of Work 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 the Engineer does not give a Notice under Sub-Clause 8.13 [Resumption of Work] within 28 days after receiving the Contractor’s Notice under this Sub-Clause, the Contractor may either: (a) FORMS GUIDANCE after giving a (second) Notice to the Engineer, treat the suspension as an omission of the affected part of the Works (as if it had been instructed under Sub-Clause 13.3.1 [Variation by Instruction]) with immediate effect including release from any further obligation to protect, store and secure under Sub-Clause 8.9 [Employer’s Suspension]. If the suspension affects the whole of the Works, the Contractor may give a Notice of termination under Sub-Clause 16.2 [Termination by Contractor]. The Contractor shall resume work as soon as practicable after receiving a Notice from the Engineer to proceed with the suspended work. At the time stated in this Notice (if not stated, immediately after the Contractor receives this Notice), the Contractor and the Engineer shall jointly examine the Works and the Plant and Materials affected by the suspension. The Engineer shall record any deterioration, loss, damage or defect in the Works or Plant or Materials which has occurred during the suspension and shall provide this record to the Contractor. The Contractor shall promptly make good all such deterioration, loss, damage or defect so that the Works, when completed, shall comply with the Contract. 9 Tests on Completion 9.1 Contractor’s Obligations The Contractor shall carry out the Tests on Completion in accordance with this Clause and Sub-Clause 7.4 [Testing by the Contractor], after submitting the documents under Sub-Clause 5.6 [As-Built Records] and Sub-Clause 5.7 [Operation and Maintenance Manuals]. The Contractor shall submit to the Engineer, not less than 42 days before the date the Contractor intends to commence the Tests on Completion, a detailed test programme showing the intended timing and resources required for these tests. The Engineer may Review the proposed test programme 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 test programme to rectify such non-compliance. If the Engineer gives no such Notice within 14 days after receiving the test programme (or revised test programme), the Engineer shall be deemed to have given a Notice of No-objection. The Contractor shall not commence the Tests on Completion until a Notice of No-objection is given (or is deemed to have been given) by the Engineer. In addition to any date(s) shown in the test programme, the Contractor shall give a Notice to the Engineer, of not less than 21 days, of the date after which 54 © FIDIC 2017 Conditions of Contract for Plant and Design-Build