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THE FOUR FIDIC 1999 CONTRACT CONDITIONS

By Willie Gardner,2014-10-24 22:19
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THE FOUR FIDIC 1999 CONTRACT CONDITIONS

THE FOUR FIDIC 1999 CONTRACT CONDITIONS:

    CLAIMS & ADJUSTMENTS OF THE CONTRACT

    Peter L Booen - FIDIC'S Principal Drafter and GIBB's Head of Contract

    Presented at the Seminar "FIDIC Global Conditions of Contract", New Delhi, January 2001

    In the various Sub-Clauses, the Contractor's entitlements to claim are expressed using similar wording, typically as follows:

    "If the Contractor suffers delay and/or incurs Cost .., the Contractor shall give notice... and shall be

    entitled subject to Sub-Clause 20. 1[..], to:

    (a) an extension of time for any such delay, if completion is or will be delayed, under Sub-Clause 8.

    4[..], and

    (b) payment of any such Cost [plus reasonable profit], which shall be included in {EPCT which shall be

    added to} the Contract Price."

    Note the following aspects of this typical wording:

    ; "the Contractor shall give notice...": which is obligatory, but a failure to notify may be due to

    him not having suffered delay and not having incurred Cost.

    ; "the Contractor ... shall be entitled ...": which is not stated as being subject to anyone's

    opinion.

    ; "Subject to Sub-Clause 20.1 ...": the second and the final paragraphs of which may affect the

    Contractor's entitlements.

    ; "An extension .... if completion is... delayed ...": so it should be calculated by reference to

    the delay in completion. Sub-Clause l0.1 (i) defines the extent of work to be completed

    within the Time for Completion, which must include the matters described in sub-paragraphs

    (a) and (b) of Sub-Clause 8.2 but may exclude minor outstanding work and defects which will

    not substantially affect use for the intended purpose, as permitted in Sub-Clause 10. 1 (a).

    ; "Payment of any such Cost...": which is the Cost attributable to the event or circumstance,

    excluding Costs which are not attributable thereto.

    ; "Plus reasonable profit ...": this phrase is included in Sub-Clause which relate to failure by (or

    on behalf of) the Employer, and not to other risks.

    Employer's Sub-Clause Contractor's Entitlement Entitlement

    1.9 CONS Delayed Drawings Contractor may claim extension of time, Cost

    or Instructions and reasonable profit if Engineer fails to instruct within notified reasonable time

    1.9 P&DB Errors in the Contractor may claim extension of time, Cost Employer's Requirements and reasonable profit for error in Employer's

     Requirements which was not previously

    discoverable

    2.1 Right of Access to the Contractor may claim extension of time, Cost Site* and reasonable profit if Employer fails to give

     right of access to Site within time stated in

    the Contract

    2.5 Employer's Claims* Procedure with which

    Employer must comply

    when claiming

    payment from the

    Contractor and when

    claiming an extension

    to the Defects

    Notification Period

    4.7 Setting Out Contractor May claim extension of time, Cost

    and reasonable profit for errors in original

     setting-out points and levels of reference

    4.12 Unforeseeable Physical Contractor may claim extension of time and Conditions Cost if he encounters physical conditions which are Unforeseeable

    4.19 Electricity, Water and Employer entitled to Gas* payment if Contractor

    uses power, water or

    other services provided by the Employer, if

    any, without prior

    notice under

    Sub-Clause 2.5

    4.20 Employer's Equipment Employer entitled to and Free-Issue Material* payment if Contractor

    uses the Employer's Equipment, if any,

    without prior notice

    under Sub-Clause 2.5

    4.24 Fossils* Contractor may claim extension of time and

    Cost attributable to an instruction to

     Contractor to deal with an encountered

    archeological finding

    7.4 Testing* Contractor may claim extension of time, Cost

    and reasonable profit if testing is delayed by (or on behalf of) the Employer

    7.5 Rejection* Employer may claim

    costs if defective

    Plant, Materials or workmanship is

    rejected and

    subsequently retested 7.6 Remedial Work* Employer may claim

    costs if Contractor fails

    to carry out remedial work and if he would

    not have been entitled

    to be paid for it

    8.4 Extension of Time for Extension of Time for Contractor may claim Completion* extension of time if completion (see

     Sub-Clauses 8.2 & 10. 1) is or will be delayed

    by a listed cause

    8.5 Delays Caused by Contractor may claim extension of time if Authorities* Country's public authority causes

    Unforeseeable delay

    8.6 Rate of Progress* Employer may claim

    costs attributable to

    revised methods which

    Contractor adopts in order to overcome a

    delay for which no

    extension of time is

    due

    8.7 Delay Damages* Employer may claim

    prescribed de lay

    damages if Contractor fails to achieve

    completion within

    Time for Completion

    8.9 Consequences of Contractor may claim extension of time and Suspension* Cost if Engineer instructs a suspension of

    progress

    9.4 Failure to Pass Tests on Employer may claim Completion* costs if Works or

     Section repeatedly

    fails Test on

    Completion

    10.2 Taking Over of Parts of Contractor may claim Cost and reasonable Employer's entitlement the Works profit attributable to the taking over of a part to prescribed delay

    of the Work damages is reduced by

    a proportion related to

    the contract value of

    the part taken over

    10.3 Interference with tests Contractor may claim extension of time, Cost of Completion* and reasonable profit if Employer delays a Test on Completion

    11.3 Extension of Defects Employer may claim Notification Period* extension of the

    Defects Notification

    Period if Works or Section or major Plant

    cannot be used for

    intended purpose

    because of any defect 11.4 Failure to Remedy Employer may claim Defects* costs if Contractor fails

    to remedy a defect for

    which Contractor is

    responsible

    11.8 Contractor to Search* Contractor may claim Cost and reasonable

    profit if instructed to search for cause of a defect for which he is not responsible

    12.2 P&DB Delayed Tests* Contractor may claim Cost and reasonable

    profit if Employer delays a Test after

    Completion

    12.3 CONS Evaluation Engineer evaluates each item of work,

    applying measurement and appropriate rate

    or price