Guide to the FIDIC Conditions of Contract for Construction: The Red Book 2017

Cover
Title Page
Copyright Page
Brief Contents
Contents
Preface
Acknowledgements
Chapter 1 Clause 1 General Provisions
	1.1 Definitions
		1.1.10 The Contract
		1.1.12 Contract Data
		1.1.13 Contract Price
		1.1.15 Contractor’s Documents
		1.1.20 Cost Plus Profit
		1.1.22 DAAB
		1.1.23 DAAB Agreement
		1.1.24 Date of Completion
		1.1.26 Daywork Schedule (If Included)
		1.1.27 Defects Notification Period (DNP)
		1.1.28 Delay Damages
		1.1.29 Disputes
		1.1.37 Exceptional Events
		1.1.38 Extension of Time (EOT)
		1.1.40 Final Payment Certificate (FPC)
		1.1.43 General Conditions
		1.1.45 Interim Payment Certificate (or IPC)
		1.1.46 Joint Venture
		1.1.48 Key Personnel
		1.1.49 Laws
		1.1.54 Month
		1.1.55 No objection
		1.1.56 Notice
		1.1.57 Notice of Dissatisfaction (or NOD)
		1.1.59 Particular Conditions
		1.1.62 Performance Certificate
		1.1.65 Plant
		1.1.66 Programme
		1.1.68 QM System
		1.1.70 Review
		1.1.71 Schedules
		1.1.75 Special Provisions
		1.1.77 Statement
		1.1.78 Subcontractor
		1.1.81 Tender
		1.1.82 Tests After Completion
		1.1.85 Unforeseeable
	1.2 Interpretation
	1.3 Notices and Other Communications
	1.4 Lawand Language
	1.5 Priority of Documents
	1.6 ContractAgreement
	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 Confidentiality
	1.13 Compliance with Laws
	1.14 Joint and Several Liability
	1.15 Limitation of Liability
	1.16 Contract Termination
Chapter 2 Clause 2 The Employer
	2.1 Right of Access to the Site
	2.2 Assistance
	2.3 Employer’s Personnel and Other Contractors
	2.4 Employer’s Financial Arrangements
	2.5 Site Data and Items of Reference
	2.6 Employer-Supplied Materials and Employer’s Equipment
Chapter 3 Clause 3 The Engineer
	3.1 The Engineer
	3.2 Engineer’s Duties and Authority
	3.3 The Engineer’s Representative
	3.4 Delegation by the Engineer
	3.5 Engineer’s Instructions
	3.6 Replacement of the Engineer
	3.7 Agreement or Determination
		3.7.1 Consultation to Reach Agreement
		3.7.2 Engineer’s Determination
		3.7.3 Time Limits
		3.7.4 Effect of the Agreement or Determination
		3.7.5 Dissatisfaction with Engineer’s Decision
	3.8 Meetings
Chapter 4 Clause 4 The Contractor
	4.1 Contractor’s General Obligations
	4.2 Performance Security
		4.2.1 Contractor’s Obligations
		4.2.2 Claims under the Performance Security
		4.2.3 Return of the Performance Security
	4.3 Contractor’s Representative
	4.4 Contractor’s Documents
		4.4.1 Preparation and Review
		4.4.2 As Built Records
		4.4.3 Operation and Maintenance Manuals
	4.5 Training
	4.6 Co-operation
	4.7 SettingOut
	4.8 Health and Safety Obligations
	4.9 Quality Management and Compliance Verification
		4.9.1 Quality Management System – General Comments
		4.9.2 Compliance Verification System
		4.9.3 General Provisions
	4.10 Useof 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 Temporary Utilities
	4.20 Progress Reports
	4.21 Security of the Site
	4.22 Contractor’s Operations on Site
	4.23 Archaeological and Geological Findings
Chapter 5 Clause 5 Subcontracting
	5.1 Subcontractors
	5.2 Nominated Subcontractors
		5.2.1 Definition of a ‘Nominated Subcontractor’
		5.2.2 Objection to Nomination
		5.2.3 Payments to Nominated Subcontractors
		5.2.4 Evidence of Payment
Chapter 6 Clause 6 Staff and Labour
	6.1 Engagement of Staff and Labour
	6.2 Rates of Wages and Conditions of Labour
	6.3 Recruitment of Persons
	6.4 Labour Laws
	6.5 Working Hours
	6.6 Facilities for Staff and Labour
	6.7 Health and Safety for Personnel
	6.8 Contractor’s Superintendence
	6.9 Contractor’s Personnel
	6.10 Contractor’s Records
	6.11 Disorderly Conduct
	6.12 Key Personnel
Chapter 7 Clause 7 Plant, Materials, and Workmanship
	7.1 Manner of Execution
	7.2 Samples
	7.3 Inspections (by the Employer’s Personnel)
	7.4 Testing by the Contractor (on Site)
	7.5 Defects and Rejection
	7.6 Remedial Work
	7.7 Ownership of Plant and Materials
	7.8 Royalties
Chapter 8 Clause 8 Commencement, Delays, and Suspension
	8.1 Commencement of Works
	8.2 Time for Completion
	8.3 Programme
	8.4 Advance Warning
	8.5 Extension of Time
	8.6 Delays Caused by Authorities
	8.7 Rate of Progress
	8.8 Delay Damages
	8.9 Employer’s Suspension
	8.10 Consequences of Employer’s Suspension
	8.11 Paymentfor Plant and Materials after Employer’s Suspension
	8.12 Prolonged Suspension
	8.13 Resumption of Work
Chapter 9 Clause 9 Test on Completion
	9.1 Contractor’s Obligations
	9.2 Delayed Tests
	9.3 Re-testing
	9.4 Failure to Pass Tests on Completion
Chapter 10 Clause 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 Tests on Completion
	10.4 Surfaces Requiring Reinstatement
Chapter 11 Clause 11 Defects after Taking Over
	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 Remedying of Defective Work off Site
	11.6 Further Tests after Remedying Defects
	11.7 Right of Access after Taking-Over
	11.8 Contractor to Search
	11.9 Performance Certificate
	11.10 Unfulfilled Obligations
	11.11 Clearance of Site
Chapter 12 Clause 12 Measurement and Valuation
	12.1 Works To Be Measured
	12.2 Method of Measurement
	12.3 Valuation of the Works
	12.4 Omissions
		12.4.1 Contractor to give Notice of unreimbursed Costs
Chapter 13 Clause 13 Variations and Adjustments
	13.1 Right to Vary
	13.2 Value Engineering
	13.3 Variation Procedure
		13.3.1 Variation by Instruction
		13.3.2 Variation by Request for Proposal
	13.4 Provisional Sums
	13.5 Daywork
	13.6 Adjustments for Changes in Laws
	13.7 Adjustment for Changes in Cost
Chapter 14 Clause 14 Price and Payment
	14.1 The Contract Price
	14.2 Advance Payment
		14.2.1 Advance Payment Guarantee
		14.2.2 Advance Payment Certificate
		14.2.3 Repayment of the 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 IPC
		14.6.1 The IPC
		14.6.2 Withholding (Amounts in) an IPC
		14.6.3 Correction or Modification
	14.7 Payment
	14.8 Delayed Payment
	14.9 Release of Retention Money
	14.10 Statement on Completion
	14.11 Final Statement
		14.11.1 Draft Final Statement
		14.11.2 Agreed Final Statement
	14.12 Discharge
	14.13 Issue of Final Payment Certificate (FPC)
	14.14 Cessation of Employer’s Liability
	14.15 Currencies of Payment
Chapter 15 Clause 15 Termination by the Employer
	15.1 Notice to Correct
	15.2 Termination for Contractor’s Default
		15.2.1 Notice
		15.2.2 Termination
		15.2.3 After Termination
		15.2.4 Completion of the Works
	15.3 Valuation after Termination for Contractor’s Default
	15.4 Payment after Termination for Contractor’s Default
	15.5 Termination for Employer’s Convenience
	15.6 Valuation after Termination for Employer’s Convenience
	15.7 Payment after Termination for Employer’s Convenience
Chapter 16 Clause 16 Suspension and Termination by the Contractor
	16.1 Suspension by the Contractor
	16.2 Termination by Contractor
	16.2.1 Notice
	16.2.2 Termination
	16.3 Contractor’s Obligations After Termination
	16.4 Payment after Termination by the Contractor
Chapter 17 Clause 17 Care of the Works and Indemnities
	17.1 Responsibility for Care of Works
	17.2 Liability for Care of the Works
	17.3 Intellectual and Industrial Property Rights
	17.4 Indemnities by Contractor
	17.5 Indemnities by Employer
	17.6 Shared Indemnities
Chapter 18 Clause 18 Exceptional Events
	18.1 Exceptional Events
	18.2 Notice of an Exceptional Event
	18.3 Duty to Minimise Delay
	18.4 Consequences of an Exceptional Event
	18.5 Optional Termination
	18.6 Release from Performance Under the Law
Chapter 19 Clause19 Insurance
	19.1 General Requirements
	19.2 Insurance to be provided by the Contractor
		19.2.1 The Works
		19.2.2 Goods (Contractor’s Equipment, Materials, Plant, and Temporary Works)
		19.2.3 Liability for Breach of Professional Duty
		19.2.4 Injury to Persons and Damage to Property
		19.2.5 Injury to employees
		19.2.6 Other Insurances Required by Law and by Local Practice
Chapter 20 Clause 20 Employer’s and Contractor’s Claims
	20.1 Claims
	20.2 Claims for Payment and EOT
		20.2.1 Notice to Claim
		20.2.2 Engineer’s Initial Response
		20.2.3 Contemporary Records
		20.2.4 Fully detailed claim
		20.2.5 Agreement or determination of the Claim
		20.2.6 Claims of Continuing Effect
		20.2.7 General Requirements
Chapter 21 Clause 21 Disputes and Arbitration
	21.1 Constitution of the DAAB
	21.2 Failure to Appoint DAAB Members
	21.3 Avoidance of Disputes
	21.4 Obtaining DAAB’s Decision
		21.4.1 Reference of a Dispute to the DAAB
		21.4.2 The Parties’ Obligations after the Reference
		21.4.3 The DAAB Decision
		21.4.4 Dissatisfaction with DAAB’s Decision (NOD)
	21.5 Amicable Settlement
	21.6 Arbitration
	21.7 Failure to Comply with DAAB’s Decision
	21.8 No DAAB in Place
Appendix A. Guidance for the Preparation of Particular Conditions
Appendix B. Employer’s Claims
Appendix C. Contractor’s Claims
Appendix D. Notices and Site Organisation
Appendix E. Daywork and Contemporary Record Sheets
Appendix F. Contractor’s Costs
Appendix G. Joint Ventures
Model Form of a Pre-Bid Joint Venture Agreement
Index of Clauses and Sub-Clauses
Index of Sub-Clauses
EULA