FIDIC Construction Contract 1st Edition 1999

1 MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL END-2009 FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILSINTERNATIONAL FEDERATION OF CONSULTING ENGINEERSINTERNATIONALE VEREINIGUNG BERATENDER INGENIEUREFEDERACION INTERNACIONAL DE INGENIEROS CONSOLTORESC onditions of ContractforCONSTRUCTIONFOR BUILDING AND ENGINEERING WORKSDESIGNED BY THE EMPLOYERG eneral conditions MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL END-2009iGeneral ConditionsCONTENTS1 GENERAL PROVISIONS .. and of and Supply of Drawings or Employer s Use of Contractor s Contractor s Use of Employer s Confidential Compliance with Joint and Several Liability2 THE EMPLOYER.

2 Of Access to the , Licences or s s Financial s Claims3 THE ENGINEER .. s Duties and by the of the of the CONTRACTOR .. s General s of Benefit of SubcontractERRATA to the First Edition 1999 .. inside back cover MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL 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 .. of nominated Subcontractor to to nominated of Payments6 STAFF AND LABOUR.

3 Of Staff and of Wages and conditions of in the Service of for Staff and Labour and s s Records of Contractor s Personnel and Disorderly Conduct7 PLANT, MATERIALS AND WORKMANSHIP .. of of Plant and , DELAYS AND SUSPENSION .. of for Completion MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL of Time for Caused by of of of Payment for Plant and Materials in Event of Prolonged Resumption of Work9 TESTS ON COMPLETION .. s 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.

4 Completion of Outstanding Work and Remedying Cost of Remedying Extension of Defects Notification Failure to Remedy Removal of Defective Further Right of Contractor to Performance Unfulfilled Clearance of Site12 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 Cost MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL END-2009iv14 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.

5 Notice to Termination by Valuation at Date of Payment after Employer s Entitlement to Termination16 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 Employer s Consequences of Employer s Intellectual and Industrial Property Limitation of Liability18 INSURANCE .. 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 Subcontractor MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL Optional Termination, Payment and Release from Performance under the Law20 CLAIMS, DISPUTES AND ARBITRATION.

6 Contractor s Appointment of the Dispute Adjudication Failure to Agree Dispute Adjudication Obtaining Dispute Adjudication Board s Amicable Failure to Comply with Dispute Adjudication Board s Expiry of Dispute Adjudication Board s AppointmentAPPENDIXGENERAL conditions OF DISPUTE ADJUDICATION AGREEMENT ..63 INDEX OF SUB-CLAUSES .. i MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL Contract to of s s s s Notification s s Payment Payment of of after on for listed alphabetically MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL END-20091 General ConditionsIn the conditions of Contract ( these conditions ), which include Particular Conditionsand these General conditions , the following words and expressions shall have themeanings stated.

7 Words indicating persons or parties include corporations and otherlegal entities, except where the context requires Contract means the Contract Agreement, the Letter of Acceptance, theLetter of Tender, these conditions , the Specification, the Drawings, theSchedules, and the further documents (if any) which are listed in theContract Agreement or in the Letter of Contract Agreement means the Contract agreement (if any) referred to inSub-Clause [ Contract Agreement]. Letter of Acceptance means the letter of formal acceptance, signed bythe Employer, of the Letter of Tender, including any annexed memorandacomprising agreements between and signed by both Parties.

8 If there is nosuch letter of acceptance, the expression Letter of Acceptance means theContract Agreement and the date of issuing or receiving the Letter ofAcceptance means the date of signing the Contract Letter of Tender means the document entitled letter of tender, which wascompleted by the Contractor and includes the signed offer to the Employerfor the Specification means the document entitled specification, as included inthe Contract , and any additions and modifications to the specification inaccordance with the Contract . Such document specifies the Drawings means the drawings of the Works, as included in the Contract ,and any additional and modified drawings issued by (or on behalf of) theEmployer in accordance with the Schedules means the document(s) entitled schedules, completed by theContractor and submitted with the Letter of Tender, as included in theContract.

9 Such document may include the Bill of Quantities, data, lists, andschedules of rates and/or Tender means the Letter of Tender and all other documents which theContractor submitted with the Letter of Tender, as included in the Appendix to Tender means the completed pages entitled appendix totender which are appended to and form part of the Letter of Bill of Quantities and Daywork Schedule mean the documents sonamed (if any) which are comprised in the Contract1 General ProvisionsGeneral conditions MCC AND MCC ENTITIES - LICENSED USE - FIDIC 2007 - UNTIL END-20092 conditions of Contract for Party means the Employer or the Contractor, as the context Employer means the person named as employer in the Appendix toTender and the legal successors in title to this Contractor means the person(s) named as contractor in the Letter ofTender accepted by the Employer and the legal successors in title to thisperson(s).

10 Engineer means the person appointed by the Employer to act as theEngineer for the purposes of the Contract and named in the Appendix toTender, or other person appointed from time to time by the Employer andnotified to the Contractor under Sub-Clause [Replacement of the Engineer]. Contractor s Representative means the person named by theContractor in the Contract or appointed from time to time by the Contractorunder Sub-Clause [Contractor s Representative], who acts on behalf ofthe Employer s Personnel means the Engineer, the assistants referred to inSub-Clause [Delegation by the Engineer] and all other staff, labour andother employees of the Engineer and of the Employer.