FIDIC BOOK

 

 

FIDIC BOOK

 

1.   GOLD BOOK                : Conditions of Contract for Design, Build & Operate Projects

2.   RED BOOK                          : Conditions of Contract for Construction First Edition, 1999

3.   CONTRACT GUIDE       : The FIDIC Contracts Guide First Edition 2000

4.   YELLOW BOOK            : Conditions of Contract for Plant and Design-Build,

5.   GREEN BOOK              : Short Form of Contract

6.   ORANGE BOOK          : Conditions of Contract for Design-Build and Turnkey

7.   WHITE BOOK              : Client Consultant Model Services Agreement

8.   CONSTRUCTION CONTRACT MDB HARMONISED

9.   SILVER BOOK             : The Conditions of Contract for EPC/Turnkey Projects 

 

 

1.GOLD BOOK       :

FIDIC DBO Conditions of Contract for Design Build and Operate Projects

February 5, 2011

Posted by admin underBooks, Civil Engineering

 

Conditions of Contract for Design, Build and Operate Projects - Gold book

When preparing these Conditions of Contract for Design, Build and Operate Projects, the drafting task group has attempted to include all conditions of a general nature, which are likely to apply to the majority of DBO contracts, into General Conditions.

 

However, it was recognized that there are many essential provisions which are particular to each individual project. These are to be included as Contract Data and are to be found in the Particular Conditions Part A – Contract Data.

 

In addition, it was recognized that many Employers or governments, or even different jurisdictions, particularly if the General Conditions were to be used on domestic contracts, may require special conditions of contract, or indeed particular procedures, which differ from those included in the General Conditions. For this reason, the document also allows for Particular Conditions Part B – Special Provisions which includes advice to drafters of contract documents who may wish to add Special Provisions to replace or supplement the clauses to be found in the General Conditions.

 

Users who wish to adopt these conditions for use on a different scenario or with an operation period significantly different to the 20-year period assumed, are referred to the FIDIC DBO Contract Guide (planned for publication by FIDIC at a later date), which identifies the areas which will require amending and gives comprehensive guidelines and suggestions on how they should be addressed. However, the Guide will not claim to address all issues requiring attention, and users should seek expert advice from FIDIC before attempting to make any significant changes to the document via Particular Conditions Part B – Special Provisions.

 

Drafters of contract documents are reminded that the General Conditions of all FIDIC contracts are protected by copyright and trademark and may not be changed without specific written consent, usually in the form of a licence to amend, from FIDIC. If drafters wish to amend the provisions found in the General Conditions, the place for doing this is in the Particular Conditions Part B – Special Provisions, as mentioned above, and not by making changes in the General Conditions as such.

FIDIC also recognizes that the successful performance of a long-term DBO contract requires that the Parties understand the overall time framework and the need for a long-term commitment by both the Employer and the Contractor. In trying to achieve this understanding and commitment, it has been necessary to introduce new procedures and new terminology which are not to be found in the other FIDIC forms of contract

The document also includes a number of sample forms to help both Parties have a common understanding of what is required by third parties such as providers of securities and guarantees, and what is considered to be accepted good practice by FIDIC and the major international funding agencies. While copyrighted, these forms are expressly provided to users of the Conditions of Contract for completion by users. Users are warned that if these forms are changed in any significant way, there is a great risk that the balance of the contract and the specific wording of the Clauses may be compromised.

 

The document begins with a series of comprehensive flow charts which show, in visual form, the critical sequences of activities which are specific and unique to the FIDIC® Conditions of Contract for DBO Projects, 1st Edition, 2008 DBO form of contract. These have been included by the drafting task group to facilitate an understanding of the new procedures and new terminology found in these FIDIC Conditions of Contract for Design, Build and Operate Projects.

 

 

 

These flow charts cover:

- The Overall Contract Period

- The Design-Build Period

- Commencement to Design-Build Commissioning

- The Operation Service Period

- Payment during the Design-Build Period

- Payment during the Operation Service Period

- Determinations by the Employer’s Representative

- Contractor’s Claims – Submission

- Contractor’s Claims – Determination

- Settlement of Disputes

 

2. RED BOOK:

FIDIC Conditions of Contract for Construction first edition 1999

 

December 28, 2010	Posted by admin underBooks, Civil Engineering, Contract, FIDIC

fidic red book

Construction Contract :  Conditions of Contract for Construction
For Building and Engineering Works designed by the Employer

First Edition, 1999

 

 

- General Conditions

- Guidance for the Preparation of the Particular Conditions

- Forms of Tender, Contract Agreement and Dispute Adjudication Agreement

 

ACKNOWLEDGEMENTS

FIRST EDITION

FOREWORD

INTRODUCTION TO THE GUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONS

CONTENTS :

1 GENERAL PROVISIONS
2 THE EMPLOYER
3 THE ENGINEER
4 THE CONTRACTOR
5 NOMINATED SUBCONTRACTORS
6 STAFF AND LABOUR
7 PLANT, MATERIALS AND WORKMANSHIP
8 COMMENCEMENT, DELAYS AND SUSPENSION
9 TESTS ON COMPLETION
10 EMPLOYER’S TAKING OVER
11 DEFECTS LIABILITY
12 MEASUREMENT AND EVALUATION
13 VARIATIONS AND ADJUSTMENTS
14 CONTRACT PRICE AND PAYMENT
15 DEFAULT OF CONTRACTOR
16 DEFAULT OF EMPLOYER
17 RISK AND RESPONSIBILITY
18 INSURANCE
19 FORCE MAJEURE
20 CLAIMS, DISPUTES AND ARBITRATION

ISBN :  2-88432-022-9
Number page :  120 pages
Download Type :  PDF file

The Conditions of Contract comprise the “General Conditions”, which form part of the “Conditions of Contract for Construction” First Edition 1999 published by the Fédération Internationale des Ingénieurs-Conseils (FIDIC), and the following “Particular Conditions”, which include amendments and additions to such General Conditions.

 

Conditions of Contract for Construction, which are recommended for building or engineering works designed by the Employer or by his representative, the Engineer. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer. However, the works may include some elements of Contractor-designed civil, mechanical, electrical and/or construction works. The forms are recommended for general use where tenders are invited on an international basis. Modifications may be required in some jurisdictions, particularly if the Conditions are to be used on domestic contracts.  FIDIC considers the official and authentic texts to be the versions in the English language.

 

In the preparation of these Conditions of Contract for Construction, it was recognized that, while there are many sub-clauses which will be generally applicable, there are some sub-clauses which must necessarily vary to take account of the circumstances relevant to the particular contract.  The sub-clauses which were considered to be applicable to many (but not all) contracts have been included in the General Conditions, which will facilitate their incorporation into each contract. The General Conditions and the Particular Conditions will together comprise the Conditions of Contract governing the rights and obligations of the parties. It will be necessary to prepare the Particular Conditions for each individual contract, and to take account of those sub-clauses in the General Conditions which mention the Particular Conditions.

 

3. FIDIC Contracts Guide 1st Ed 2000

January 3, 2011	Posted by admin underBooks, Civil Engineering, FIDIC

FIDIC Contracts Guide

The FIDIC Contracts Guide First Edition 2000

 

• Conditions of Contract for Construction
• Conditions of Contract for Plant and design-Build
• Conditions of Contract for EPC/Turnkey Projects

ACKNOWLEDGEMENTS

FOREWORD

CONTENTS

FIDIC Contracts Guide to the Construction, Plant and Design-Build and EPC/Turnkey Contracts (1st Edition, 2000)

Compares the Construction, Plant and Design-Build and EPC/Turnkey Contracts in a side-by-side fashion, with commentary.

Each of the three Books is in three parts:

• General Conditions, the part which is intended to be incorporated (by reference) into each contract, and whose Sub-Clauses are often referred to in this Guide without the use of the word “Sub-Clause” (for example: “CONS 1.1″);
• Guidance for the Preparation of the Particular Conditions, the part which is referred to in this Guide as “GPPC”, which commences by proposing suitable wording to incorporate the appropriate General Conditions into a contract, and which concludes with annexed example forms of securities; and
• Forms of Letter of Tender, Contract Agreement and Dispute Adjudication Agreement, the part which is referred to in this Guide as “the Example Form(s)”.

 

In this Guide, the texts in the Books are reproduced in a three-column layout. The texts should be identical to the corresponding texts in the Books, but the reader should refer to the Books in order to determine the necessary authentic wording in case of any discrepancy.

For the convenience of those who are familiar with the General Conditions of Contract contained in FIDIC’s previous publications, the reference numbers of their sub-clauses which cover similar subject-matter are included within an insert box after these three-column texts reproduced from the Books, the sub-clause reference numbers being related to:

• “RB”: Conditions of Contract for Works of Civil Engineering Construction 4th edition 1987 amended 1992 (which was commonly referred to as the Red Book)
• “YB”: Conditions of Contract for Electrical and Mechanical Works 3rd edition 1987 amended 1988 (which was commonly referred to as the Yellow Book)
• “OB”: Conditions of Contract for Design-Build and Turnkey 1st edition 1995 (which was commonly referred to as the Orange Book)

 

ISBN : 2-48432-029-6
Number Page : 353

 

In each Contract, the Conditions of Contract governing the rights and obligations of the parties will comprise the appropriate General Conditions together with Particular Conditions. It will be necessary to prepare the Particular Conditions for each individual contract, taking account of the comments in this Guide and the appropriate GPPC. It is essential that all these drafting tasks, and the entire preparation of the tender documents, are entrusted to personnel with the relevant expertise, including the contractual, technical and procurement aspects.

Although this Guide may include useful material for the training of personnel in procurement, it is not intended to provide complete training material for the expertise required for the preparation of tender documents. The comments in this Guide are intended to assist users of the Books who have such expertise, such users being those who write or administer building and/or engineering contracts.
The comments in this Guide are not exhaustive and are only intended to provide general guidance. They should not be relied upon in a specific issue or situation. Expert legal advice should be obtained whenever appropriate, and particularly before entering into or terminating a contract. Neither FIDIC nor the persons named in this Guide accept any responsibility or liability arising from any use of this Guide or of any other publication named herein.

FIDIC receives requests from time to time to assist in the interpretation of individual contracts which are based upon conditions of contract incorporating FIDIC publications. However, as the international federation of consulting engineers, FIDIC cannot undertake to give legal advice. For this reason, and because the legal interpretation of a contract will depend upon such matters as the precise wording of the various documents comprising the particular contract, as well as upon the governing law, FIDIC cannot assist in the interpretation of individual contracts.

 

4. YELLOW BOOK  :

FIDIC Conditions of Contract for Plant and (DB) Design – Build First edition 1999

 

December 30, 2010	Posted by admin underBooks, Civil Engineering, Contract, FIDIC

FIDIC yellow book

Conditions of Contract for Plant and Design-Build,

which are recommended for the provision of electrical and/or mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and provides, in accordance with the Employer’s requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works.

GENERAL CONDITIONS
1 GENERAL PROVISIONS
2 THE EMPLOYER
3 THE ENGINEER
4 THE CONTRACTOR
5 DESIGN
6 STAFF AND LABOUR
7 PLANT, MATERIALS AND WORKMANSHIP
8 COMMENCEMENT. DELAYS ANS SUSPENSION
9 TESTS ON COMPLETION
10 EMPLOYER’S TAKING OVER
11 DEFECTS LIABILITY
12 TESTS AFTER COMPLETION
13 VARIATIONS AND ADJUSTMENTS
14 CONTRACT PRICE AND PAYMENT
15 DEFAULT OF CONTRACTOR
16 DEFAULT OF EMPLOYER
17 RISK AND RESPONSBILITY
18 INSURANCES
19 FORCE MAJEURE
20 CLAIMS, DISPUTES AND ARBITRATION

 

ISBN :  2-88432-023-7
Number page :  120 pages
Download Type :  PDF  file

 

Foreword

 

The Fédération Internationale des Ingénieurs-Conseils (FIDIC) is publishing First Editions of four new standard forms of contract:

 

Conditions of Contract for Construction, which are recommended for building or engineering works designed by the Employer or by his representative, the Engineer. Under the usual arrangements for this type of contract, th Contractor constructs the works in accordance with a design provided by the Employer. However, the works may include some elements of Contractor-designed civil, mechanical, electrical and/or construction works.

 

Conditions of Contract for Plant and Design-Build, which are recommended for the provision of electrical and/or mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and provides, in accordance with the Employer’s requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works.

 

Conditions of Contract for EPC Turnkey Projects, which are recommended where one entity takes total responsibility for the design and execution of an engineering project. Under the usual arrangements for this type of contract, the entity carries out all the Engineering, Procurement and Construction: providing a fully-equipped facility, ready for operation (at the “turn of the key”). This type of contract is usually negotiated between the parties.

 

Short Form of Contract, which is recommended for building or engineering works of relatively small capital value. Depending on the type of work and the circumstances, this form may also be suitable for contracts of greater value, particularly for relatively simple or repetitive work or work of short duration. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer or by his representative (if any), but this form may also be suitable for a contract which includes, or wholly comprises, Contractor-designed civil, mechanical, electrical and/or construction works.

18 INSURANCES
18.1 General Requirements for Insurances
18.2 Insurance for Works and Contractor’s Equipment
18.3 Insurance against Injury to Persons and Damage to Property
18.4 Insurance for Workers

 

5. GREEN BOOK :

FIDIC Short Form of Contract 1st Ed 1999

 

December 30, 2010	Posted by admin underBooks, Civil Engineering, Contract, FIDIC

 

FIDIC green book

Short Form of Contract

- Agreement
- General Conditions
- Rules for Adjudication
- Notes for Guidance

These Conditions of Contract are recommended for engineering and building work of relatively small capital value. However, depending on the type of work and the circumstances, the Conditions may be suitable for contracts of considerably greater value.

They are considered most likely to be suitable for fairly simple or repetitive work or work of short duration without the need for specialist sub-contracts. This form may also be suitable for contracts which include, or wholly comprise, contractor-designed civil engineering, building, mechanical and/or electrical works.

GENERAL CONDITIONS

1. GENERAL PROVISIONS
2. THE EMPLOYER
4. THE CONTRACTOR
5. DESIGN BY CONTRACTOR
6. EMPLOYER’S RISKS
7. TIME FOR COMPLETION
8. TAKING-OVER
9. REMEDYING DEFECTS
10. VARIATIONS AND CLAIMS
11. CONTRACT PRICE AND PAYMENT
12. DEFAULT
13. RISK AND RESPONSIBILITY
14. INSURANCE
13 RESOLUTION OF DISPUTES

ISBN : 2-88432-024-5

Number page : 36 pages

retation , Priority of Documents, Communications, Statutory Obligations, THE EMPLOYER, rovision of Site, Permits et, Employer’s Instructions, Employer’s Representative, General Obligations, Contractor’s Representative, Sub-contracting, Performance Security, Contractor’s Design, Responsibility for Design, Employer’s Risks, Execution of the Works, Programme, Extension of Time, Late Completion, Completion, Taking-Over, Notice, Remedying Defects, Uncovering and Testing, VARIATIONS AND CLAIMS, Right to Vary, Valuation of Variations, Early warning, Valuation of Claims, Variation and Claim Procedure, Valuation of the Works, Monthly statement, Interim Payment, Final Payment

 

Foreword

 

These Conditions of Contract have been prepared by the Fédération Internationale des Ingénieurs-Conseils (FIDIC) and are recommended for engineering and building work of relatively small capital value. However, depending on the type of work and the circumstances, the Conditions may be suitable for contracts of considerably greater value

They are considered most likely to be suitable for fairly simple or repetitive work or work of short duration without the need for specialist sub-contracts. The main aim has been to produce a straightforward flexible document which may be used for all types of engineering work with a variety of administrative arrangements, including all essential commercial provisions. Under the usual arrangements for this type of contract, the Contractor constructs the Works in accordance with design provided by the Employer or by his representative (if any), who is not required to act impartially. However, this form may also be suitable for contracts which include, or wholly comprise, contractor-designed civil engineering, building, mechanical and/or electrical works. In addition, the Employer has a choice of valuation methods. Furthermore, although there is no reference to an impartial Engineer, the Employer may appoint an independent Engineer to act impartially, should he wish to do so. The form is recommended for general use, though modifications may be required in some jurisdictions.

FIDIC considers the official and authentic text to be the version in the English language. The intention is that all necessary information should be provided in the Appendix to the Agreement, the latter incorporating the tenderer’s offer and its acceptance in one simple document. The General Conditions are expected to cover the majority of contracts. Nevertheless, users will be able to introduce Particular Conditions if they wish, to cater for special cases or circumstances.

The General Conditions and the Particular Conditions will together comprise the Conditions governing the rights and obligations of the parties. To assist in the preparation of tender documents using these Conditions, Notes for Guidance are included. These Notes will not become one of the documents forming the Contracts.

Finally, applicable Rules for Adjudication are also included. The attention of users is drawn to the FIDIC publication “Tendering Procedure”, which presents a systematic approach to the selection of tenderers and the obtaining and evaluation of tenders. agreement contract, contract agreement .

 

6. ORANGE BOOK :

FIDIC Conditions of Contract for Design – Build and Turnkey

 

February 1, 2011	Posted by admin underBooks, Civil Engineering, FIDIC

fidic orange book

Conditions of Contract for Design-Build and Turnkey

Download The Orange Book FIDIC Conditions of Contract for Design – Build and Turnkey

The object of this Guide is to comment on the provisions contained in Part 1 of the first edition of the “Conditions of Contract for Design-Build and Turnkey”. Informally titled “the Orange Book”, it was published by the Federation Intemationale des Ingenieurs-Conseils (FIDIC) in 1995. A Test Edition had been published in 1994, and the many reactions to it were reviewed before the first edition was completed.

This Guide (informally titled “the Orange Book Guide”) is intended to assist the users of the Orange Book, namely those who write, and those who administer, contracts based on these Conditions of Contract. This assistance is focused on particular features of the Orange Book: the Guide is not intended to provide complete training material for the expertise required for the preparation of tender documents. Also, the comments are not intended to provide an authoritative legal interpretation of every aspect of each subject, which must depend on the law applicable to the particular contract.

It is envisaged that the Orange Book can be the basis of all contracts which involve the provision of facilities designed by the Contractor, whether such facilities comprise building, civil engineering, chemical engineering, electrical engineering, mechanical engineering, or any combination. Throughout the drafting, the intention was to incorporate provisions applicable to (for example) housing, roads, refineries, generators, turbines, treatment works, etc.

However, the Orange Book is not appropriate for the provision of facilities designed by the Employer or his consulting engineer, or for similar arrangements where the Contractor is not to be responsible for design.
Project Procurement – the Design-Build Option
Under the Orange Book design-build form of contract, design is the responsibility of the construction organization. This arrangement reduces the problems which may on occasions arise from the division of responsibility between designer and constructor.

Design-build may also encourage economies, not only in terms of price, but at the expense of quality. Therefore, it is considered essential that the Employer has (or procures) expert technical services, in order to ensure that his requirements are elaborated in the tender documents and are achieved in practice. If expertise is unavailable, problems may arise, particularly in respect of the need for variations.

Ideally, variations under a design-build contract should be instructed by reference to requirements (not by a redesign by the Employer); and their costs and other consequences should be agreed in advance, in order to minimize disputes. In practice, these aspects can make the design-build process appear somewhat inflexible. The design-build process is thus less amenable to variations initiated by the Employer, compared with the alternative where the designer is separately employed by the Employer and is independent of the Contractor.

The design-build option prevents the Employer from having a close involvement in the design process. However, it enables him to have the benefits of lump-sum pricing, of the Contractor’s undivided liability for the works (including design), and of the potential savings (in cost and time) due to a degree of overlap of design and construction.

The latter overlap may (or may not) lessen the total period between the commencement of the preparation of tender documents and the completion of construction. The saving in time due to this overlap may be offset by the effects of the lack of continuity of the design processes during the pre-contract stages

Project Procurement Options

At the inception stage of a project, procurement options should be reviewed and a decision made as to the most appropriate option; FIDIC’s publication of the Orange Book does not constitute any indication of a preferred option. The Employer should first analyze the project financing arrangements, their consequences, the risks inherent in the type(s) of works and the other factors which affect the procurement process. After that analysis, decisions can be made as to which procurement option is appropriate; and as to which standard form of contract is closest to the Employer’s requirements and will thus require less text in Part 11 than would be the case if another form were to be used.

 

7. WHITE BOOK             :

FIDIC Client Consultant Model Services Agreement

 

January 3, 2011	Posted by admin underBooks, Civil Engineering, Contract, FIDIC

FIDIC white book

Client Consultant Model Services Agreement – White Book

 

Fidic White Book Agreement
General Conditions
Particular Conditions
Appendices 1, 2, 3 and 4

Agreement General Conditions Particular Conditions Appendices 1, 2, 3 and 4
The terms of the Client Consultant Model Services agreement (The White Book) have been prepared by FIDIC and are recommended for general use for the purposes of pre-investment and feasability studies, designs and administration of construction and project management, where proposals for such services are invited on an international basis:  They are equally adaptable for domestic agreements.   

The version in English is considered by FIDIC as the official and authentic text for the purpose of translation. In their preparation it was recognised that while there are numerous clauses which will be generally applicable there are some provisions which must necessarily vary to take account of the circumstances and locality in which the Services are to be performed. The clauses of general application have been grouped together in this document and are referred to as General Conditions. They are intended for incorporation as printed in the documents comprising the Agreement.

The General Conditions are linked with the Particular Conditions by the corresponding numbering of the clauses, so that General Conditions and Particular Conditions together comprise the conditions governing the rights and obligations of the parties.  Completion of the Agreement, contract agreement

ISBN :  2-88432-048-2
Number Page :  36 pages
Download Type :   PDF   file

This Client/Consultant Model Services Agreement

represents the basic form of a Contract of Appointment between a Client and his Consultant. It is intended to cover the minimum requirements of a typical appointment contract. Additional or amended clauses may be required in the Particular Conditions to address particular project and commercial issues between the parties.

Where other material is to be incorporated into a Contract of Appointment, care must be taken to ensure consistency both in the use of terminology and the allocation of duties and obligations. The parties to the contract may wish to take independent legal advice in connection with the preparation of this agreement. Independent legal advice may also help the parties understand their legal liabilities, duties and obligations arising under the Model Services Agreement.

Neither FIDIC nor any committee or individual connected with FIDIC can be held liable for project or commercial losses suffered as a result of adopting the Client/Consultant Model Services Agreement as the basis of a contractual arrangement.

 

8. FIDIC construction contract mdb harmonised

 

February 4, 2011	Posted by admin underBooks, Civil Engineering, FIDIC

Construction Contract MDB Harmonised

Conditions of Contract for Construction, fidic contract which are recommended for building and engineering works designed by the Employer or by his representative, the Engineer. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer. However, fidic contract the works may include some elements of Contractor-designed civil, mechanical, electrical and/or construction works. Contracts and Agreements. Fidic construction contract mdb harmonised

1. GENERAL PROVISIONS

1.1 Definitions
1.2 Interpretation
1.3 Communications
1.4 Law and Language
1.5 Priority of Documents
1.6 Contract Agreement
1.7 Assignment
1.8 Care and Supply of Documents
1.9 Delayed Drawings or Instructions
1.10 Employer’s Use of Contractor’s Documents
1.11 Contractor’s Use of Employer’s Documents
1.12 Confidential Details
1.13 Compliance with Laws
1.14 Joint and Several Liability

2 THE EMPLOYER
2.1 Right of Access to the Site
2.2 Permits, Licences or Approvals
2.3 Employer’s Personnel
2.4 Employer’s Financial Arrangements
2.5 Employer’s Claims

3 THE ENGINEER
3.1 Engineer’s Duties and Authority
3.2 Delegation by the Engineer
3.3 Instructions of the Engineer
3.4 Replacement of the Engineer
3.5 Determinations

4 THE CONTRACTOR
4.1 Contractor’s General Obligations
4.2 Performance Security
4.3 Contractor’s Representative
4.4 Subcontractors
4.5 Assignment of Benefit of Subcontract
4.6 Co-operation
4.7 Setting Out
4.8 Safety Procedures
4.9 Quality Assurance
4.10 Site Data
4.11 Sufficiency of the Accepted Contract Amount
4.12 Unforeseeable Physical Conditions
4.13 Rights of Way and Facilities
4.14 Avoidance of Interference
4.15 Access Route
4.16 Transport of Goods
4.17 Contractor’s Equipment
4.18 Protection of the Environment
4.19 Electricity, Water and Gas
4.20 Employer’s Equipment and Free-Issue Material
4.21 Progress Reports
4.22 Security of the Site
4.23 Contractor’s Operations on Site
4.24Fossils

5 NOMINATED SUBCONTRACTORS
5.1 Definition of “nominated Subcontractor”
5.2 Objection to Nomination
5.3 Payments to nominated Subcontractors
5.4 Evidence of Payments

6 STAFF AND LABOUR
6.1 Engagement of Staff and Labour
6.2 Rates of Wages and Conditions of Labour
6.3 Persons in the Service of Others
6.4 Labour Laws
6.5 Working Hours
6.6 Facilities for Staff and Labour
6.7 Health and Safety
6.8 Contractor’s Superintendence
6.9 Contractor’s Personnel
6.10 Records of Contractor’s Personnel and Equipment
6.11 Disorderly Conduct

7 PLANT, MATERIALS AND WORKMANSHIP
7.1 Manner of Execution
7.2 Samples
7.3 Inspection
7.4 Firsting
7.5 Rejection
7.6 Remedial Work
7.7 Ownership of Plant and Materials
7.8 Royalties

8 COMMENCEMENT, DELAYS AND SUSPENSION
8.1 Commencement of Works
8.2 Time for Completion
8.3 Programme
8.4 Extension of Time for Completion
8.5 Delays Caused by Authorities
8.6 Rate of Progress
8.7 Delay Damages
8.8 Suspension of Work
8.9 Consequences of Suspension
8.10 Payment for Plant and Materials in Event of Suspension
8.11 Prolonged Suspension
8.12 Resumption of Work

9 TESTS ON COMPLETION
9.1 Contractor’s Obligations
9.2 Delayed Tests
9.3 Retesting
9.4 Failure to Pass Firsts on Completion

10 EMPLOYER’S TAKING OVER
10.1 Taking Over of the Works and Sections
10.2 Taking Over of Parts of the Works
10.3 Interference with Firsts on Completion
10.4 Surfaces Requiring Reinstatement

11 DEFECTS LIABILITY
11.1 Completion of Outstanding Work and Remedying Defects
11.2 Cost of Remedying Defects
11.3 Extension of Defects Notification Period
11.4 Failure to Remedy Defects
11.5 Removal of Defective Work
11.6 Further Firsts
11.7 Right of Access
11.8 Contractor to Search
11.9 Performance Certificate
11.10 Unfulfilled Obligations
11.11 Clearance of Site

12 MEASUREMENT AND EVALUATION
12.1 Works to be Measured
12.2 Method of Measurement
12.3 Evaluation
12.4 Omissions

13 VARIATIONS AND ADJUSTMENTS
13.1 Right to Vary
13.2 Value Engineering
13.3 Variation Procedure
13.4 Payment in Applicable Currencies
13.5 Provisional Sums
13.6 Daywork
13.7 Adjustments for Changes in Legislation
13.8 Adjustments for Changes in Cost

14 CONTRACT PRICE AND PAYMENT
14.1 The Contract Price
14.2 Advance Payment
14.3 Application for Interim Payment Certificates
14.4 Schedule of Payments
14.5 Plant and Materials intended for the Works
14.6 Issue of Interim Payment Certificates
14.7 Payment
14.8 Delayed Payment
14.9 Payment of Retention Money
14.10 Statement at Completion
14.11 Application for Final Payment Certificate
14.12 Discharge
14.13 Issue of Final Payment Certificate
14.14 Cessation of Employer’s Liability
14.15 Currencies of Payment

15 DEFAULT OF CONTRACTOR
15.1 Notice to Correct
15.2 Termination by Employer
15.3 Valuation at Date of Termination
15.4 Payment after Termination
15.5 Employer’s Entitlement to Termination for Convenience

16 DEFAULT OF EMPLOYER
16.1 Contractor’s Entitlement to Suspend Work
16.2 Termination by Contractor
16.3 Cessation of Work and Removal of Contractor’s Equipment
16.4 Payment on Termination

17 RISK AND RESPONSIBILITY
17.1 Indemnities
17.2 Contractor’s Care of the Works
17.3 Employer’s Risks
17.4 Consequences of Employer’s Risks
17.5 Intellectual and Industrial Property Rights
17.6 Limitation of Liability

18 INSURANCE
18.1 General Requirements for Insurances
18.2 Insurance for Works and Contractor’s Equipment
18.3 Insurance against Injury to Persons and Damage to Property
18.4 Insurance for Workers

19 FORCE MAJEURE
19.1 Definition of Force Majeure
19.2 Notice of Force Majeure
19.3 Time of Notice
19.4 Duty to Minimise Delay
19.5 Consequences of Force Majeure
19.6 Optional Termination, Payment and Release
19.7 Release from Performance under the Law

20 CLAIMS, DISPUTES AND ARBITRATION
20.1 Contractor’s Claims
20.2 Appointment of the Dispute Adjudication Board
20.3 Failure to Agree Dispute Adjudication Board
20.4 Obtaining Dispute Adjudication Board’s Decision
20.5 Amicable Settlement
20.6 Arbitration
20.7 Failure to Comply with Dispute Adjudication Board’s Decision
20.8 Expiry of Dispute Adjudication Board’s Appointment

 

9. SILVER BOOK    :

FIDIC Conditions of Contract for EPC Turnkey Projects First Edition 1999

 

January 3, 2011	Posted by admin underBooks, Civil Engineering, FIDIC

FIDIC silver book

The Conditions of Contract for EPC/Turnkey Projects fidic silver book,

Which are recommended where one entity takes total responsibility for the design and execution of an engineering project. Under the usual arrangements for this type of contract, the entity carries out all the Engineering, Procurement and Construction: providing a fully-equipped facility, ready for operation (at the “turn of the key”). This type of contract is usually negotiated between the parties.

1. GENERAL PROVISIONS
2 THE EMPLOYER
3 THE EMPLOYER’S ADMINISTRATION
4 THE CONTRACTOR
5 DESIGN
6 STAFF AND LABOUR
7 PLANT, MATERIALS AND WORKMANSHIP
8 COMMENCEMENT, DELAYS AND SUSPENSION
9 TESTS ON COMPLETION
11 DEFECTS LIABILITY
12 TESTS AFTER COMPLETION
13 VARIATIONS AND ADJUSTMENTS
14 CONTRACT PRICE AND PAYMENT
15 TERMINATION BY EMPLOYER
16 SUSPENSION AND TERMINATION BY CONTRACTOR
17 RISK AND RESPONSIBILITY
18 INSURANCE
19 FORCE MAJEURE
20 CLAIMS, DISPUTES AND ARBITRATION
ISBN :  2-88432-021-0
Number page :  150 pages

Conditions of Contract for EPC (Engineering, Procurement, Construction)/ Turnkey Projects

 

“Which may be suitable for the provision on a turnkey basis of a process or power plant or factory or similar facility, or of an infrastructure project or other type of development, where (i) a higher degree of certainty of firm price and time is required, and (ii) the Contractor takes total responsibility for the design and execution of the project, with little involvement of the Employer. Under the usual arrangements for turnkey projects, the Contractor carries out all engineering, procurement, and construction EPC: providing a fully equipped facility, ready for operation at the “turn of a key”.