FIDIC - Conditions of Contract for Construction for ...

1 F d ration Internationale des Ing nieurs-ConseilsInternational Federation of Consulting EngineersInternationale Vereinigung Beratender IngenieureFederaci n Internacional de Ingenieros ConsultoresConditions of Contract forConstruction FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYERGENERAL CONDITIONSPARTICULAR CONDITIONSSAMPLE FORMSISBN 2 88432 022 9 FIRST EDITION 1999 Licensed copy: scottwilson, Scott Wilson Holdings, 20/01/2010, Uncontrolled Copy, FIDICM ustafa USALAN 0 532 4712921 INTERNATIONALE DES INGENIEURS-CONSEILSINTERNATIONAL FEDERATION OF CONSULTING ENGINEERSINTERNATIONALE VEREINIGUNG BERATENDER INGENIEUREFEDERACION INTERNACIONAL DE INGENIEROS CONSOLTORESGENERAL CONDITIONSGUIDANCE FOR THEPREPARATION OFPARTICULAR CONDITIONSFORMS OF LETTER OFTENDER.

2 CONTRACTAGREEMENT AND DISPUTE ADJUDICATIONAGREEMENTC onditions of ContractforCONSTRUCTIONFOR BUILDING AND ENGINEERING WORKSDESIGNED BY THE EMPLOYERF irst Edition 1999 ISBN 2-88432-022-9 Licensed copy: scottwilson, Scott Wilson Holdings, 20/01/2010, Uncontrolled Copy, FIDICM ustafa USALAN 0 532 4712921 to the First Edition, 1999 The following significant errata are corrected in this reprinting of the First Edition of theConstruction Contract . Several minor typographical errors and layout irregularitieshave also been PROVISIONSF orewordIn figure Typical sequence of Payment Events envisaged in Clause 14 ,change Contractor issues Final Statement.

3 To Contractorsubmits Final Statement ..Page 2In the middle of the third line of Sub-Clause , delete under .Page 26In the title of Sub-Clause , substitute Works for Work .Page 56In the penultimate line, delete the parentheses ( and ) .Page 60 Sub-Clause , in the line following sub-paragraph (d), delete Particular Conditions and substitute Appendix to Tender .Page 68In the third line of Clause 9, delete the two words notice to .GUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONSPage 14 Under Sub-Clause , delete EXEMPTION and substitute RETENTION.

4 AnnexesDelete FIDIC .Licensed copy: scottwilson, Scott Wilson Holdings, 20/01/2010, Uncontrolled Copy, FIDICM ustafa USALAN 0 532 4712921 d ration Internationale des Ing nieurs-Conseils ( FIDIC ) extends specialthanks to the following members of its Update Task Group: Christopher Wade(Group Leader), SWECO-VBB, Sweden; Peter L Booen (Principal Drafter),GIBB Ltd, UK; Hermann Bayerlein, Fichtner, Germany; Christopher R Seppala(Legal Adviser), White & Case, France; and Jos F Speziale, IATASA, preparation was carried out under the general direction of the FIDICC ontracts Committee which comprised John B Bowcock, ConsultingEngineer, UK (Chairman); Michael Mortimer-Hawkins, SwedPower, Sweden;and Axel-Volkmar Jaeger, Schmidt Reuter Partner, Germany; together with KB (Tony) Norris as Special were reviewed by many persons and organisations, including those listedbelow.

5 Their comments were duly studied by the Update Task Group and, whereconsidered appropriate, have influenced the wording of the clauses. Ihab Abu-Zahra,CRC Hassan Dorra, Egypt; Mushtaq Ahmad, NESPAK, Pakistan; Peter Batty, PostBuckley International, USA; Roeland Bertrams, Clifford Chance, Netherlands; BosenHe, Tianjin University, China; Manfred Breege, Lahmeyer International, Germany;Pablo Bueno, TYPSA, Spain; Nael G Bunni, Consulting Engineer, Ireland; Peter H JChapman, Engineer & Barrister, UK; Ian Fraser, Beca Carter Hollings & Ferner, NewZealand; Roy Goode, Oxford University, UK; Dan W Graham, Bristows Cooke &Carpmael, UK.

6 Mark Griffiths, Griffiths & Armour, UK; Geoffrey F Hawker, ConsultingEngineer, UK; Hesse & Steinberger, VDMA, Germany; Poul E Hvilsted, Elsamprojekt,Denmark; Gordon L Jaynes, Whitman Breed Abbott & Morgan, UK; Tonny Jensen(Chairman of FIDIC Quality Management Committee), COWI, Denmark; David SKhalef, Jordan; Philip Loots & Associates, South Africa; Neil McCole, Merz andMcLellan, UK; Matthew Needham-Laing, Victoria Russell & Paul J Taylor, BerrymansLace Mawer, UK; Brian W Totterdill, Consulting Engineer, UK; David R Wightman &Gerlando Butera, Nabarro Nathanson, UK; the Association of Japanese ConsultingEngineers; the Construction Industry Authority of the Philippines; EuropeanInternational Contractors; ORGA nisme de Liaison Industries M talliques Europ ennes( ORGALIME ); the International Association of Dredging Contractors; the InternationalBar Association; the Asian Development Bank.

7 And the World of reviewers does not mean that such persons or organizationsapprove of the wording of all wishes to record its appreciation of the time and effort devoted by all the ultimate decision on the form and content of the document rests with copy: scottwilson, Scott Wilson Holdings, 20/01/2010, Uncontrolled Copy, FIDICM ustafa USALAN 0 532 4712921 F d ration Internationale des Ing nieurs-Conseils ( FIDIC ) published, in 1999, FirstEditions of four new standard forms of Contract : Conditions of Contract for Construction ,which are recommended for building or engineering works designed by theEmployer or by his representative, the Engineer.

8 Under the usual arrangementsfor this type of Contract , the Contractor constructs the works in accordancewith a design provided by the Employer. However, the works may include someelements of Contractor-designed civil, mechanical, electrical and/orconstruction 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 theusual arrangements for this type of Contract , the Contractor designs andprovides, in accordance with the Employer s requirements, plant and/or otherworks.

9 Which may include any combination of civil, mechanical, electricaland/or Construction of Contract for EPC/Turnkey Projects,which may be suitable for the provision on a turnkey basis of a process orpower plant, of a factory or similar facility, or of an infrastructure project or othertype of development, where (i) a higher degree of certainty of final price andtime is required, and (ii) the Contractor takes total responsibility for the designand execution of the project, with little involvement of the Employer. Under theusual arrangements for turnkey projects, the Contractor carries out all theEngineering, Procurement and Construction (EPC), providing a fully-equippedfacility, ready for operation (at the turn of the key ).

10 Short Form of Contract ,which is recommended for building or engineering works of relatively smallcapital value. Depending on the type of work and the circumstances, this formmay also be suitable for contracts of greater value, particularly for relativelysimple or repetitive work or work of short duration. Under the usualarrangements for this type of Contract , the Contractor constructs the works inaccordance with a design provided by the Employer or by his representative (ifany), but this form may also be suitable for a Contract which includes, or whollycomprises, Contractor-designed civil, mechanical, electrical and/orconstruction forms are recommended for general use where tenders are invited on aninternational basis.