Conditions of Contract for CONSTRUCTION - …

1 FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILSINTERNATIONAL FEDERATION OF CONSULTING ENGINEERSINTERNATIONALE VEREINIGUNG BERATENDER INGENIEUREFEDERACION INTERNACIONAL DE INGENIEROS CONSULTORESC onditions of ContractforCONSTRUCTIONFOR BUILDING AND ENGINEERING WORKSDESIGNED BY THE EMPLOYERM ultilateral Development Bank Harmonised EditionJune 2010 General Conditions This publication is exclusive for use as provided under a LicenceAgreement between a Participating Bank and FIDIC, and, consequently,no part of this publication may be reproduced, translated, adapted, storedin a retrieval system or communicated, in any form or by any means,whether mechanical, electronic, magnetic, photocopying, recording orotherwise, without prior permission in writing from FIDIC.

2 To request suchpermission, please contact: FIDIC, Case Postale 311, CH-1215 Geneva15, Switzerland; Tel. +41 22 799 49 00; Fax +41 22 799 49 01; FIDIC is not responsible for the accuracy or completenessof translations of this publication unless such translation explicitlyindicates otherwise. FIDIC 2010. Conditions of Contract for CONSTRUCTION MDB Harmonised Ed. June 2010 - General participating development bank financed Contract use only. No reproduction of this document is ConditionsCONTENTSD efinitions listed alphabeticallyGENERAL PROVISIONS.

3 Law and Priority of Contract Care and Supply of Delayed Drawings or Employer s Use of Contractor s Contractor s Use of Employer s Confidential Compliance with Joint and Several Inspections and Audit by the Bank2 THE EMPLOYER .. Right of Access to the Permits, Licences or Employer s Employer s Financial Employer s Claims3 THE ENGINEER .. Engineer s Duties and Delegation by the Instructions of the Replacement of the Determinations4 THE CONTRACTOR .. Contractor s General Performance Securityii FIDIC 2010.

4 Conditions of Contract for CONSTRUCTION MDB Harmonised Ed. June 2010 - General participating development bank financed Contract use only. No reproduction of this document is Contractor s Assignment of Benefit of Setting Safety Quality Site Sufficiency of the Accepted Contract Unforeseeable Physical Rights of Way and Avoidance of Access Transport of Contractor s Protection of the Electricity, Water and Employer s Equipment and Free-Issue Progress Security of the Contractor s Operations on Fossils5 NOMINATED SUBCONTRACTORS.

5 Definition of nominated Subcontractor Objection to Payments to nominated Evidence of Payments6 STAFF AND LABOUR .. Engagement of Staff and Rates of Wages and Conditions of Persons in the Service of Labour Working Facilities for Staff and Labour Health and Contractor s Contractor s Records of Contractor s Personnel and Disorderly Foreign Supply of Supply of Measures against Insect and Pest Alcoholic Liquor or Arms and Festival and Religious Funeral Forced Child Employment Records of Workers Non-Discrimination and Equal Opportunity FIDIC 2010.

6 Conditions of Contract for CONSTRUCTION MDB Harmonised Ed. June 2010 - General participating development bank financed Contract use only. No reproduction of this document is PLANT, MATERIALS AND WORKMANSHIP .. Manner of Remedial Ownership of Plant and Royalties8 COMMENCEMENT, DELAYS AND SUSPENSION .. Commencement of Time for Extension of Time for Delays Caused by Rate of Delay Suspension of Consequences of Payment for Plant and Materials in Event of Prolonged Resumption of Work9 TESTS ON COMPLETION.

7 Contractor s Delayed Failure to Pass Tests on Completion10 EMPLOYER S TAKING OVER .. Taking Over of the Works and Taking Over of Parts of the Interference with Tests on Surfaces Requiring Reinstatement11 DEFECTS LIABILITY .. Completion of Outstanding Work and Remedying Cost of Remedying Extension of Defects Notifi cation Failure to Remedy Removal of Defective Further Right of Contractor to Performance Unfulfilled Clearance of Siteiv FIDIC 2010. Conditions of Contract for CONSTRUCTION MDB Harmonised Ed.

8 June 2010 - General participating development bank financed Contract use only. No reproduction of this document is MEASUREMENT AND EVALUATION .. Works to be Method of Omissions13 VARIATIONS AND ADJUSTMENTS .. Right to Value Variation Payment in Applicable Provisional Adjustments for Changes in Adjustments for Changes in Cost14 Contract PRICE AND PAYMENT .. The Contract Advance Application for Interim Payment Schedule of Plant and Materials intended for the Issue of Interim Payment Delayed Payment of Retention Statement at Application for Final Payment Issue of Final Payment Cessation of Employer s Currencies of Payment15 TERMINATION BY EMPLOYER.

9 Notice to Termination by Valuation at Date of Payment after Employer s Entitlement to Termination for Corrupt or Fraudulent Practices16 SUSPENSION AND TERMINATION BY CONTRACTOR .. Contractor s Entitlement to Suspend Termination by Cessation of Work and Removal of Contractor s Payment on Termination17 RISK AND RESPONSIBILITY .. Contractor s Care of the Works FIDIC 2010. Conditions of Contract for CONSTRUCTION MDB Harmonised Ed. June 2010 - General participating development bank financed Contract use only. No reproduction of this document is Employer s Consequences of Employer s Intellectual and Industrial Property Limitation of Use of Employer s Accommodation/Facilities18 INSURANCE.

10 General Requirements for Insurance for Works and Contractor s Insurance against Injury to Persons and Damage to Insurance for Contractor s Personnel19 FORCE MAJEURE .. Definition of Force Notice of Force Duty to Minimise Consequences of Force Force Majeure Affecting Optional Termination, Payment and Release from Performance20 CLAIMS, DISPUTES AND ARBITRATION .. Contractor s Appointment of the Dispute Failure to Agree on the Composition of the Dispute Obtaining Dispute Board s Amicable Failure to Comply with Dispute Board s Expiry of Dispute Board s AppointmentAPPENDIX: DISPUTE BOARD.