Part 1

02/08/2022
A Practical Guide for

Using the FIDIC
Conditions of Contract
1999
Copy rights for Asel El Housan 1
A Practical Guide for Using the FIDIC Conditions of

Contract 1999
Features and
Introduction

Contract 1999
Introduction to Fidic
FIDIC: International Federation of Consulting

Engineers
global voice for the

Founded in 1913
Consulting Engineers
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Contract 1999 Founded in 1913
To be the Headquarters in Geneva
recognised global
voice for the
consulting
engineering
industry
To promote the business

interests of suppliers of
technology-based
intellectual services for
the built and natural
environment

Contract 1999
Representing nearly 1 million staff in more than100

Copy rights for Asel El Housan
countries - One Member Association per country 5

Contract 1999
Standard Contracts and Agreements
Standard model agreements for professionals services
- Client - Consultant
- Joint Venture
- Sub-Consultant
- Representative
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Contract 1999
1994 for 2011 for 1991

JV Rep
1987 1999 1998
1992 2004
Red Red 2006
Book Book
Consult.
Subcontracts Others
FIDIC Contract Management

AEH Consultancy L.L.C.
FIDIC Other Books

CONTRACTS & AGREEMENTS
GUIDE TO BUSINESS PRACTICE
QUALITY BASED SELECTION
QUALITY & INTEGRITY MANAGEMENT
RISK MANAGEMENT
SUSTAINABILITY

Contract 1999
2008
2005
2006
2010
1987 1995 2006

Copy rights for Asel El Housan 1999-2017 9
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Contract 1999
Standard Contracts and Agreements
Standard contracts for civil engineering & construction works
- Minor Works
- Construction
- Plant and Design-Build
- EPC/Turnkey
- Design-Build-Operate
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Contract 1999
Risk Allocation in 1999
• Definition of force majeure has broadened.

• Contractor recovers time and money for Force
Majeure.
• Increased power of the Contractor in relation to
the Employer’s ability to pay. Financing charges
and suspension for late interim payment
certificates all increase the pressure on Employers
to have their financing properly organised.
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Contract 1999
Risk Analysis
Employers’ risks Contractors’ risks
Shared risks
LAW
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Employer
Service
Agreement
Construction
DAB
Contract
Conflict Engineer
Contractor
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Contract 1999
Risk Allocation
• Which party can best foresee the risk?

• Which party can best control the risk?
• Which party can best bear the risk?
• Which party most benefits or suffers if the
risk eventuates?
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Contract 1999
Risk Types
Insurable Risk Uninsurable Risk
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Projects based on Risk
Lump-sum
Re-measurement
Re measurement
contracts
contracts
Red Book
Red Book
EPC
Silver
Design and Build
Contract
Yellow
DBO
Cost-reimbursable
Gold
contracts
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Contract 1999
Which Form to use
17

Contract 1999
Which Form to use

• The type of the project to be procured.
• Choice of design liability.
• How and when payment is made.
• Certainty of final cost of the project.
• Method of tendering.
• Control during construction.
• Possibility or probability of having a
variation or change in the works after
entering into the Contract.
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Contract 1999
Features of the 1999

Editions
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Contract 1999
Harmonisation of terms and clauses
85% of the
More than 80% of
definitions and
the content was
expressions were
consistent
the same
To the users to understand them completely,

To save the study time
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Contract 1999
Wide applicability under various project
delivery and contracting systems
Engineering
Construction Contract
Contractor makes the
Plant Contract
design
The Contractor takes
EPC Turnkey Contract
more risk
Short Form Contract Small Projects

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Contract 1999
Tackle the problem of late payment
The Employer is obliged to show his financial

arrangements
Interest for late payment +3% of the national
bank
If the Contractor does not receive his financial

entitlements in 42 days after the expiry date
for payment, Termination of the Contract
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Contract 1999
Dispute resolution made more effective
Using the DAB. The adjudicators are

independent, chosen by both parties, and
paid by both parties
The Engineer’s role in mediation is eliminated

since he is not impartial any more
The DAB decision in binding

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Contract 1999
Structure of the FIDIC

Contracts
25

Contract 1999
Structure of the FIDIC
Contracts
General Conditions
Guidance for the Preparation of the Particular

Conditions
Forms, e.g. Letter of Tender, Contract
Agreement and Dispute Adjudication
Agreements
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Contract 1999
General Conditions
General Conditions are intended to be used

unchanged for every project
The General Conditions should be amended in

the Particular Conditions to suit the local and
project requirements
Changing the General Conditions is illegal and

in breach of copyright
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1999 General Conditions
The General Conditions comprise twenty

Clauses, covering similar subject matter in all
three contracts
17 Clauses out of these 20 are carrying the

same headings
The following three Clauses are different in

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Contract 1999
Construction Plant EPC

3 – The
3 – The Engineer 3 – The Engineer
Employer’s
Administration
5 – Nominated
5 – Design 5 – Design
S/C
12 –
12 – Tests after 12 – Tests after
Measurement &
Completion Completion
Evaluation
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Contract 1999
Particular Conditions
The guidance provided by FIDIC is for those

preparing the Particular Conditions
Some example texts are included
Guidance contains various recommendations

on a clause-by-clause basis
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Contract 1999
Contract Agreement
Similar defined words and phrases are used

in all 1999 editions, the main exception being
their respective descriptions of the
documents comprised in the Contract
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Contract 1999
Construction Plant EPC

- Agreement, - Agreement,
Agreement,
- LOA, - LOA,
LOA,
- Letter of Tender, - Letter of
Letter of
- COC, Tender,
Tender,
- Employer’s - COC,
COC,
Requirements, - Employer’s
Specification,
- Schedules, Requirements,
Drawings,
- Contractor’s - Contractor’s
Schedules.
Proposal Proposal
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Contract 1999
Commercial and other
forms
The following forms are included in the 1999
edition
• Forms of Security
• Form of Letter of Tender
• Contract Agreement,
• Dispute Adjudication Agreement.
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Forms of Security
There are example texts for six forms of
securities
• Parent Company Guarantee

• Tender Security
• Performance Security, with alternative
examples
• Advance Payment Guarantee
• Retention Money Guarantee, and
• Payment Guarantee by Employer.
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Contract 1999
User Friendliness
35

Contract 1999
Before 1999
Till 1998 FIDIC had classified the Contracts as
• for civil engineering works (Red Book),

• for electrical and mechanical work
(Yellow Book),
• and for design-build (Orange Book)
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In 1999 Edition
Common Definitions
The aim was that common definitions would

be used in both the Construction and Plant
Contracts, to harmonise the wording and
thus eliminate the complexity that arises
from differently formulated definitions
37

Contract 1999
In 1999 Edition
Incorporate as much text as possible in
General Conditions
Some provisions cannot apply unless
invoked/enabled by the insertion of the
required data
Performance Security, Progress Reports,
Adjustment for Changes in Cost, Advance
Payment, Plant and Materials intended for
the Works
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Contract 1999
Preparation of
Conditions of Contract
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General Conditions
Give the rights and obligations of the Parties
Give the procedure to resolve disputes.
Project management procedure for the

administration of the Project.
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Contract 1999
General Conditions
The General Conditions include numerous
references to
• Appendix to Tender (or Contract Data for

the DBO Contract)
• Particular Conditions
• Specification
• Contract Agreement
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Contract 1999
General Conditions
Defined terms are in CAPITALS in the General

Conditions. It is important to use defined
terms when preparing Specifications, Bill of
Quantities, Particular Conditions and
Employer’s Requirements
Insert essential information in the Appendix

to Tender
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General Conditions
Prepare Particular Conditions to suit the

Employer’s requirements
Check the sub-clauses that refer to

information that may be included elsewhere
in the Contract
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Contract 1999
General Conditions
Consider the need for a Contract Agreement
Decide whether to require a one-person or

three-person Dispute Adjudication Board and
whether to nominate potential members.
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Contract 1999
General Conditions
Consider the use of FIDIC Annexes for the

forms of securities
Consider the use of a standard Letter of

Tender for use by tenderers when submitting
their Tender.
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Contract 1999
If risks allocated to the Contractor become
excessively high, the following problems may
occur:
• Higher tender price.
• Tender failure and disruption of project
implementation.
• Non-participation of reliable and capable
contractors.
• Contract award to a tenderer who fails or was
not capable of estimating the risks properly.
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Contract 1999
• Poor construction quality and delay to the
progress of the work due to lack of risk
contingency
• Undermining the relationship of mutual trust
and respect between the Employer and the
Contractor.
• Repetition of groundless claims from the
Contractor.
• Frequent disputes between the Employer and
the Contractor.
• In an extreme case eventual termination of the
Contract.
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Particular Conditions should be
• Prepared by suitable qualified engineers

who are familiar with the technical
aspects of the required works;
• Reviewed by suitably qualified lawyers
49

Contract 1999
Parties of the Contract
Main parties and stake holders
50

Contract 1999
Responsibilities of the
Main Parties
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Clause 1 - General
Provisions and
General Issues
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Contract 1999
Definitions
The definitions are grouped in 6 cat.

• The Contract
• Parties to the Contract
• dates, Tests, periods and completion
• money and payments
• Works and Goods
• other definitions.
53

Contract 1999
The Contract
Letter of Acceptance
Letter of Tender
Appendix to Tender
Parties and Persons

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Employer’s Personnel
This definition is wide-ranging and includes

not just, as one would expect, those who
work for the Employer but also the Engineer
and his staff.
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Contract 1999
Contractor’s Personnel
It includes any other personnel assisting the

Contractor in the execution of the Works.
How the Law will consider this.
The definition is essential to avoid claims

“ambushes” at the end of the Contract, and
otherwise promote good administration of
the Contract
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Contract 1999
Base Date
Commencement Date
Time for Completion
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Accepted Contract
Amount
Contract Price
Cost
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Contract 1999
Works
Site
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Contract 1999
1.3 Communication
All “approvals”, “certificates”, “consents” and

“determinations” are to be in writing
shall be delivered as set out in the Appendix

to Tender to the address as stated in the
Appendix to Tender
Approvals, Certificates, Consents to

Determination shall not be unreasonably
withheld or delayed
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1.4 Law and Language
It is important to remember that the

governing law clause dictates the law which is
to be adopted when resolving disputes.
The governing law maybe different than the

law of the country where the Site is located
and the Contractor should consider while
executing the Contract.
61

Contract 1999
1.5Priority of Documents
Such clauses are typically included in case

there is a conflict in meaning between the
various contract documents.
The order of priority of the documents

forming the Contract can be significant where
complex questions of interpretation arise
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Contract 1999
1.6 Contract Agreement
The Parties are to enter into a formal Contract

Agreement within 28 days of the receipt of
the Contractor’s of the Letter of Acceptance
The Employer will be responsible for any

stamp duties or other charges.
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1.7 Assignment
Neither Party can assign its interest in the

Contract without the prior written agreement
of the other.
However the Contractor is permitted to

assign payments due under the Contract to
his bank or other source of financing
64

Contract 1999
1.9 Delayed Drawings or
Instructions
It is the responsibilities of the Employer and
the Engineer to maintain a timely issuance of
instructions and drawings and may justify
Contractor’s claims.
An important aspect of the notice
requirements in Sub-Clause 1.9 is for the
Contractor to specify a reasonable period by
which the information is required
65

Contract 1999
1.9 Delayed Drawings or
Instructions
The two-stage process of notification by the

Contractor
Identifying reasonable dates for the provision

of information which is already late
Delay Notification, if the information is not

released.
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1.9 Errors in the Employer’s
Requirements (plant)
Following the Commencement Date, the

Contractor has a specified period given in
the Appendix to Tender in which to examine
the Employer’s Requirements and other
information provided by the Employer to
check for any errors or faults which he can
find.
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Contract 1999
If the Contractor finds errors or faults, he is

required to notify the Employer’s
Representative and ask for instruction as to
how to deal with the alleged error or fault
If the Contractor finds errors or faults after

the reviewing period;
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Contract 1999
If the Employer’s Representative considers

that an experienced contractor should have
discovered the error, then the Contractor
will not get any additional compensation. If
the Employer’s Representative considers
that an experienced contractor would not
have discovered the error, then the
Contractor will be entitled to compensation.
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Clause 2 –
The Employer
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Contract 1999
Appoint the Access to Possession
Payment
Engineer. Site of Site
Free Issue Appointing

material The Employer, as a DAB
defined in the
Employer’s
Nomination
Claim
Employer’s Permits and Financial

Instructions Approvals Arrangement
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Contract 1999
Right of Access to the Site
• It is the Employer’s responsibility as

stated in Appendix to Tender
• It is not exclusive.
• The Employer’s failure may lead to an
Extension of Time.
• The Employer may withhold the
possession of site till the submission of
the Performance Bond.
72
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Contract 1999
Employer’s Financial
Arrangements
• Upon the Contractor’s request the

Employer shall provide evidence of his
financial arrangement to pay the Contract
Price.
• If the Employer fails, the Contractor may
suspend or terminate the Contract
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Contract 1999
Employer’s Claims
• The Employer or the Engineer shall give notice

and particular.
The Employer
• The Engineer cannot
shall make the deduct the
determination as per
amounts
Clause 3.5 from the
and include it inpayments to
the next PC
• There is no timethebarContractor
for the notice and the
particulars, it should be as soon as practicable.
• Payment Extending DNP

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Contract 1999
Clause 3
The Engineer
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Identifying the Engineer’s

Authorities
The Engineer is authorized to
Instruct
Approve Determine
Variations
EOT Payments
Variations
Entitlements Certificates
76

Contract 1999
Duties
Inspection monitoring
Test Check
RFI meetings
Examine Correspondences
77

Contract 1999
Authorities
Approve Determine
Certify Instruct
Consent Correspondences
Request Notify
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Authorities
The Engineer shall be deemed to act on behalf
of the Employer
The Engineer has no authority to relieve either

Party of any duties, obligations or
responsibilities under the Contract
The Engineer shall have no authority to amend

the Contract
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Contract 1999
Delegation by the
Engineer
• Engineer can delegate functions to

assistants or to a Resident Engineer.
• These delegations must be in writing and
delivered to both parties.
• Unless agreed by both Parties, the
Engineer shall not delegate his
Determination function.
80

Contract 1999
Instructions of the
Engineer
• Contractor must comply with instructions

given by the Engineer
• Where possible, these instructions
should be in writing
• If Contractor considers that the
instruction constitutes a variation then
he should respond in accordance with
Sub-Clause 13.3 and 20.1.
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Confirmation of oral
Instructions
Oral site instructions should be given only in an
emergency
The Contractor
The Engineer does not
confirms an Oral
contradict within 2 days
instruction within 2
of receipt
days
Then it shall be deemed as an instruction

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Contract 1999
Determination
The Engineer shall consult The Engineer’s duty

with both Parties in order is to provide a fair
to reach agreement. determination
The Engineer must provide a reasoned notice

of his determination.
Determination is binding unless revised in

accordance with Clause 20
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Contract 1999
Clause 4
The Contractor
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Contractor’s obligations
Obligations which are Obligations which apply

construed from the under the applicable law
agreement between the of the Contract, during
Parties as prescribed in the Construction and
the conditions of beyond the completion
contract of the Contract.
85

Contract 1999
Contractor’s obligations
Construction and securities, indemnities

completion of the Works and insurances
Design where
Performance of applicable
Supply of information
administrative and notices
Use of Materials, Plant and Workmanship as per

the Contract and the Engineer’s instructions
86

Contract 1999
Performance Security
It is applicable only if Valid till the issuance of

mentioned in the the Performance
Appendix to Tender Certificate
Failure to
submit
Should be approved by the Employer
Site access and Payment

Payment
possession Certificate
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Contract 1999
Subcontractors and
Suppliers
The Contractor shall not subcontract the whole of

the Works, or more than a specified percentage of
the value of the Contract Price
The Contractor obtains the Engineer’s consent prior

to employing any Subcontractor
88

Contract 1999
Subcontractors and
Suppliers
The Engineer’s approval is not required for suppliers

of Materials or labour , nominated Subcontractors,
or whom his name is mentioned in the Contract
The Engineer may visit the Subcontractor’s off-site

facilities
89

Contract 1999
Setting Out
Employer’s responsibility to set out the original
points, lines and levels of reference.
Contractor has to use reasonable efforts to verify

the accuracy of the setting out.
ERROR
whether the error could have No Contractor Claim as
been found by “an
per Clause 20
experienced Contractor”
90
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Contract 1999
Site Data
Employer must make available all relevant data

in his possession on sub-surface and
hydrological conditions at the Site.
The Contractor shall examine and inspect the

Site and take into account all the risks,
contingencies and other circumstances in
compiling and submitting his tender
91

Contract 1999
Access Route
Contractor shall:
Satisfy himself as to the suitability and
availability of access to the Site;
bears all the costs and risks associated with
access.
The Employer does not guarantee the suitability

or availability of particular access routes.
92

Contract 1999
DAB
93
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Definition
means the sole member or three members (as

the case may be) so named in the Contract, or
appointed under Sub-Clause 21.1 [Constitution
of the DAAB] or Sub-Clause 21.2 [Failure to
Appoint DAAB Member(s)].
94

Contract 1999
Role
To give informal non-binding opinion when

requested jointly by the Parties.
To give Decision within 84 days when a dispute is

referred to the DAB.
95

Contract 1999
Clause 5
Nominated
Subcontractor
96
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Definition
someone who is either so-named in the

Contract or who the Engineer has instructed the
Contractor to employ as a Subcontractor
97

Contract 1999
Objection to Nomination
Lacks competence or Lack of appropriate

sufficient finances or indemnity in relation to
resources. any negligence
To ensure that the The Subcontractor will not

Contractor will discharge indemnify the Contractor
his obligations under the in respect of any failure to
Contract perform his obligations.
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Contract 1999
Evidence of Payments
Engineer may request from the Contractor

evidence of payment to the Nominated S/C.
If the Contractor can not satisfy the Engineer
of Payment or reasons to withhold money,
then the Employer may pay the Subcontractor
direct.
The Contractor must repay that sum to the
Employer.
99
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The Design-Build
Responsibility
100

Contract 1999
Clause 5
Design
101

Contract 1999
Yellow Book
102
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Contractor’s Obligations
• The Contractor shall carry out, and be

responsible for, the design of the Works.
• The design shall comply with the criteria (if
any) stated in the Employer's Requirements.
• Designers shall be available to attend
discussions with the Engineer until the
expiry date of the relevant Defects
Notification Period.
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Contract 1999
• The Contractor shall scrutinise the

Employer's Requirements after the
Commencement Date within the period
stated in the Appendix to Tender.
• The Contractor shall give notice to the
Engineer of any error, fault or other defect
found in the Employer's Requirements.
• Clause 13 will apply unless an experienced
contractor would have discovered the error
during tendering stage.
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Contract 1999
Contractor’s Documents
• The comprise of the technical documents

specified in the Employer's Requirements,
documents required to satisfy all regulatory
approvals, as-built drawing, and Operation
and Maintenance Manuals.
• Documents shall be submitted to the
Engineer for review and/or for approval, as
per the Employer’s Requirements.
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• "review period" means the period required
by the Engineer for review and (if so
specified) for approval.
• Unless otherwise stated in the Employer's
Requirements, each review period shall
not exceed 21 days
• The Engineer may give notice to the
Contractor that a Contractor's Document
fails to comply with the Contract. The
document shall be rectified, resubmitted
and reviewed at the Contractor's cost.
106

Contract 1999
Silver Book
107

Contract 1999
• The Contractor shall be deemed to have

scrutinised, prior to the Base Date, the
Employer's Requirements (including design
criteria and calculations, if any).
• The Contractor shall be responsible for the
design of the Works and for the accuracy of
such Employer's Requirements.
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• The Employer shall not be responsible for

any error, inaccuracy or omission of any
kind in the Employer's Requirements as
originally included in the Contract and shall
not be deemed to have given any
representation of accuracy or completeness
of any data or information, except as stated
below.
109

Contract 1999
• However, the Employer shall be responsible

for the correctness of the following portions
of the Employer's Requirements and of the
following data and information provided by
(or on behalf of) the Employer:
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Contract 1999
(a) portions, data and information which are
stated in the Contract as being immutable or
the responsibility of the Employer,
(b) definitions of intended purposes,
(c) criteria for the testing and performance of
the completed Works, and
(d) portions, data and information which
cannot be verified by the Contractor, except as
otherwise stated in the Contract.
111
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Contractor’s Documents
• The comprise of the technical documents

specified in the Employer's Requirements,
documents required to satisfy all regulatory
approvals, as-built drawing, and Operation
and Maintenance Manuals.
• If the Employer's Requirements describe,
Contractor’s Documents shall be submitted
for the Employer’s review.
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Contract 1999
• "review period" means the period required
by the Employer for review and (if so
specified) for approval.
• Unless otherwise stated in the Employer's
Requirements, each review period shall
not exceed 21 days.
• The Employer may give notice to the
Contractor that a Contractor's Document
fails to comply with the Contract. The
document shall be rectified, resubmitted
and reviewed at the Contractor's cost.
113

Contract 1999
Management of
Projects
114
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Clause 6
Staff and Labour
115

Contract 1999
General
The Contractor is responsible for staff and labour;

• Makes arrangements for the engagement of all staff and
labour; local or otherwise.
• Must comply with the relevant labour laws, including laws
related to the employment, health, safety, emigration and
shall allow personnel all their legal rights.
• Ensures that his personnel are appropriately skilled, qualified
and experienced for the job (Engineer can request Contractor
to remove from the Site unsuitable persons).
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Contract 1999
General
The Contractor is responsible for staff and labour;

• Makes arrangements for the engagement of all staff and
labour; local or otherwise.
• Must comply with the relevant labour laws, including laws
related to the employment, health, safety, emigration and
shall allow personnel all their legal rights.
• Ensures that his personnel are appropriately skilled, qualified
and experienced for the job (Engineer can request Contractor
to remove from the Site unsuitable persons).
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General
• Submits to the Engineer the list of his personnel &

equipment.
• Provides and maintains all accommodation and welfare
facilities for all of his personnel.
• Pays his personnel and is responsible for the personel’s
housing, feeding and transport.
• Ensures that no work is carried out outside normal working
hours and on days of rest, for the location of the Site, unless
accepted by the Engineer.
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Contract 1999
General
• Ensure the maintenances of all health and safety standards

of his personnel.
• Ensures that his personnel act in an orderly fashion and in no
way act in an unlawful or riotous fashion.
• Supervise the plans, arrangements, directions, management,
inspection and testing of the Works, for duration of the
Works.
• Ensures that all required and any other reasonable health
and safety precaution are taken.
• Appoint an accident prevention officer.
119

Contract 1999
6.10: Records of Contactor’s

Personnel & Equipment
• number of each class of Contractor’s Personnel;
• number of each type of Contractor’s Equipment

on the Site.
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Clause 7
Plant, Materials and
Workmanship
121

Contract 1999
Summery
• Plant, Materials and execution of the Works to be in

accordance with Contract and in workmanlike manner.
• Employer/ Engineer is entitled to inspect and test plant and
materials on site or at the location for production.
• Rejection: Plant and Materials may be found defective and
will have to be rejected and replaced.
• Remove or re-execute work not in accord with Contract.
• Execute any work urgently required for safety reasons.
• All Plant and Materials are the property of the Employer on
delivery to the Site or payment to the Contractor.
122

Contract 1999
7.3: Inspection
On Site Off Site
The fact that an inspection has been carried out will

not relieve the Contractor of any liability
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Works Inspection, Testing &

Acceptance
Standard forms should be used by the Contractor

and the Engineer for recording inspection, testing
and acceptance.
The Contractor to give notice to the Engineer

whenever any part of the Works is ready and
before it is covered up
124

Contract 1999
Works Inspection, Testing &

Acceptance
If the Contractor covers up work without giving

notice or adequate notice.
Engineer is entitled to require the Contractor to

uncover work and to make good at the
Contractor’s expense
125

Contract 1999
If the Contractor gave adequate notice before

covering up;
The Work have not

The Work have been
been executed in
executed in accordance
accordance with the
with the Contract
Contract
Cost to be Cost not to be

reimbursed reimbursed
126
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Contract 1999
7.4: Testing
Tests under Additional

Contracts Tests
No Test Failed Tests after

additional Variation Completion
Cost Clause 9
127

Contract 1999
7.5: Rejection
Default Rejection Remedial
Termination
Pass
Re-do the work Retest
Deduction
Failed
128

Contract 1999
7.6: Remedial Works
Engineer’s instruction Contractor must

to remove defective comply within a
works reasonable time
Termination
Re-do the work Failed
Deduction
129
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Contract 1999
Clause 8
Commencement,
Delays and
Suspension
130

Contract 1999
Project Starting
Performance Notice to TOC

Security – 4.2 Commence
28d 7d
Project Execution
42d Max. Time for Completion – 8.2
Issuance of
LOA 1.1.1.3 Commencement
Date – 8.1
131

Contract 1999
8.3 Programme
28d 21d
Notice to
Commence Programme Comments
132
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Contract 1999
Delays and Extension

of Time
If the Contractor does not

The Contractor is
complete the whole of
still obliged to
the Works within the
complete the Works
Time for Completion,
If the Contractor does not

complete sections of the Liquidated Damages
Works within milestones.
Copy rights for Asel El Housan
133

Contract 1999
The Contractor shall

be entitled to an
extension of time if;
a cause of delay A Variation is instructed

under the Conditions or other substantial
Any delay caused by
of Contract change in the shortages
Unforeseeable quantity
or attributable to the
inexceptionally
resources caused by
Employer or hisby
Delay caused governmental
adverse climaticactions
contractors
the Authority
conditions
134

Contract 1999
EOT
Procedure
The Contractor shall The Contractor shall

submit a notification submit detailed claim
within 28 days within 42 days
The Engineer may increase, but shall not decrease, the

total extension of time.
135
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Contract 1999
Preparation
of Claim
The base line update The delay event is to

on the event date is be loaded on the
to be choosen update
Cause and effect
analysis
The concurrent delay The event impact is
is to be analyzed to be determined
136

Contract 1999
Claim
Substantiation
• The notification of claim to be timely served

and demonstrated in the submission.
• The event relation to Clause 8.4 or 8.5 to be
clarified.
• The supporting instructions, documents is to
be referenced, clarified and attached.
137

Contract 1999
EOT Claim
If the delay
Solely attributable to No Additional Cost or Time

the Contractor
Liquidated Damages
Solely attributable to
Additional Costs and Time
the Employer
Concurrently Time, but no Cost
attributable
138
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Contract 1999
Work Suspension
By the Engineer By the Contractor
Protect, store and secure the suspended Works

against any deterioration, loss or damage
EOT
Prolongation Costs
139

Contract 1999
Suspension By the
Engineer
If a suspension of Works has continued for more

than 84 days
Contractor may give notice requesting

permission, within 28 days, to proceed
Omit that part Terminate the Contract
140

Contract 1999
Advance Warning
Sub-Clause 8.4 of
2017 Edition
141
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Contract 1999
• Both Parties and the Engineer shall advise

when any known or probable future events or
circumstances which may:
a) adversely affect the work of the Contractor’s
Personnel;
b) adversely affect the performance of the
Works when completed;
c) increase the Contract Price; and/or
d) delay the execution of the Works or a Section
(if any).
142

Contract 1999
• The Engineer may request the Contractor to

submit a proposal under Sub-Clause 13.3.2
[Variation by Request for Proposal] to avoid or
minimise the effects of such event(s) or
circumstance(s).
143

Contract 1999
Financial Clauses and

Procedure
144
48
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Contract 1999
Clause 12 –
Measurement and
Evaluation
145

Contract 1999
Measurement
• Clause applies only to the Construction

Contract
• Clause written for a re-measurement
contract where Accepted Contract
Amount is based on estimated quantities
• If the Contract is based on a lump sum, a
cost-plus or other basis, then Clause 12
must be omitted
146

Contract 1999
Works to be Measured
Engineer decides that he requires a part of the
Works to be measured
Notify The Contractor of the periods or timing

for measures
Yes No
Contractor attends
and assists the The Engineer’s
Engineer and measurements are
supplies any details accepted as accurate
147
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Contract 1999
Method of Measurement
Except where otherwise

stated in the Contract, According to the Bill of
be the measurement of Quantities (preambles)
the net actual quantity
148

Contract 1999
Evaluation
Evaluation is to proceed on the basis of Sub-

Clauses 12.1 and 12.2 and the appropriate rate
or price for that item of work.
New rates and prices are to be derived from any

relevant rates or prices in the Contract, with
reasonable adjustments
149

Contract 1999
Evaluation
New rate or price will be appropriate if the

circumstances described in (a) or (b) are fulfilled
If no existing rates and prices are relevant for

the purposes of the derivation of a new rate or
price, then the new rate or price should be
based upon reasonable cost and reasonable
profit.
150
50
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Contract 1999
Omission
If the omission is a result of a Variation;
produces will result in a has a cost which

abortive work sum not forming is not part of
for the part of the replacement
Contractor, Contract Price, work,
the Engineer shall proceed with Determination

151

Contract 1999
Clause 13 –
Variations and
Adjustments
152

Contract 1999
Instruction
If Employer wants to make a change, he must

request the Engineer to issue the instruction.
If Employer gives an instruction direct to the

Contractor then the Contractor must obtain
the Engineer’s confirmation and instruction
before he executes the change.
153
51
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Contract 1999
Right to Vary
Variations can be initiated at any time prior to

the issue of the Taking-Over Certificate by the
Engineer.
Request for a
Instruction
proposal
154

Contract 1999
Variations
Shall be instructed by the Engineer to facilitate,
Employer To correct a To issue further

changes his mind mistake information
Engineer is only authorised to instruct Variations under the

Contract. Not empowered to instruct a variation of the Contract
155

Contract 1999
Variations
Contractor cannot make any Variation without the

Engineer’s instruction or consent
Plant Contract Construction Contract
change to the Works as

change to the Works as
described in the
described in the
Employer's Requirements,
Specifications
the Specifications, and the
and Drawings,
Contractor’s Proposal
156
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Contract 1999
changes to the any additional work.

sequence or timing of Plant. Materials or
the execution of the services necessary for
Works the Permanent Works
Definition
changes to the quality changes to the levels

and other positions and/or
characteristics of any dimensions of any part
item of work of the Works
157

Contract 1999
changes to the
quantities of any item of
work Any changes of the
form, quality or quantity
of the Works that may
Definition be necessary or it shall
be appropriate to
omission of any work complete the works
unless it is to be carried
out by others
158

Contract 1999
Variations
The Engineer’s should obtain the Employer’s pre-

approval
What if the Employer could disown an instructed

Variation which he considers unnecessary or
inappropriate
159
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Contract 1999
Variations
Contractor is bound to comply with the Engineer’s

instructed Variations, except;
Promptly gives notice to The Variation will reduce

that he cannot readily the safety or suitability of
obtain the Goods required the Works
The Engineer shall cancel, confirm or vary the Variation

160

Contract 1999
Variation after the issuance of the TOC
Instructions of Variations after issuing a TOC

are not recommended
Contractor’s to
Further test
search
161

Contract 1999
Value Engineering
It is a proposal by the Contractor subject to the

Engineer’s approval, which may lead to one of the
following;
162
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Contract 1999
Value Engineering
Other benefit to Accelerate

the Employer completion
Reduce the cost of

Improve the
executing,
efficiency or value
maintaining or
of the completed
operating the
Works
Works
163

Contract 1999
Value Engineering
The cost benefit is to be shared between the

parties
If the V.E. resulted a design changes, the

design and design liability is the Contractor’s
scope and liability
164

Contract 1999
Valuation of Variations
General Principle
Based on
BOQ Rate New Rate
BOQ Rate
due consultation by the Engineer with the Parties, suitable

rates or prices shall be agreed
165
55
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Contract 1999
Valuation of Variations
In the event of disagreement
The Engineer will Notify both Certify Payment

fix the rate Parties on account
if an instruction to vary the Works is necessitated by default

or breach of Contract by the Contractor, or for which he is
responsible, any additional cost shall be borne by the
Contractor
166

Contract 1999
Provisional Sum
means a sum (if any) which is specified in the

Contract as a provisional sum, for the execution of
any part of the Works or for the supply of Plant,
Materials or services under Sub-Clause 13.5
[Provisional Sums].
167

Contract 1999
Provisional Sum
Shall be instructed by the Engineer, otherwise it is not

part of the Contract.
To be carried out as a Nominated

variation; and to be evaluated Subcontractor; as per
based on Clause 13.3 Clause 5;
The Contract Price to be adjusted

168
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Contract 1999
Daywork
It should be for
Minor Incidental
OR
works nature
The Engineer’s instruction is to be

issued on the day work basis
The work is to be valued as per the

Daywork Schedule
169

Contract 1999
Daywork
Material
The Contractor shall submit quotation for the

material to be ordered to the Engineer, if such
material is not specified in the Daywork
Schedule
170

Contract 1999
Other Resources
The Contractor submit on daily basis to the

Engineer details of resources used such as;
• Contractor’s personnel,
• Contractor’s Equipment and Temporary
Works,
• Plant and Material used
171
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Contract 1999
Daywork
• Such records is to be signed off by the Engineer.

• The Contractor shall submit a priced statement of
such resources.
• Then the Contractor shall include such works in the
next Statement.
172

Contract 1999
Adjustments for Changes
in Legislation
Where there is a change in the law of the

Country after the Base Date which affects the
performance of the Contractor the Contract
Price shall be adjusted.
Clause 20 procedure should apply.
173

Contract 1999
Adjustments for Changes
in Cost
This sub-clause only applies if the adjustment

data table is part of the Contract “ Appendix
to Tender”.
A formulae for the adjustment shall be agreed

and used.
174
58
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Contract 1999
Clause 14 – Contract
Price and Payment
175

Contract 1999
The Contract Price
Contract Price shall be evaluated by the
Engineer in accordance with the provisions of
Sub-Clause 12.3.
It is the responsibility of the Contractor to

submit, within 28 days after the
Commencement Date, a non-binding
breakdown of each lump-sum price shown in
any schedule.
176

Contract 1999
Advance Payment
An interest-free loan, paid by the Employer for

mobilization, if total stated in Appendix to
Tender
The Contractor shall first submits a guarantee in

accordance with Sub-Clause14.2.
177
59
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Contract 1999
Advance Payment
Guarantee
The Advance Payment should be submitted to the
Employer with a copy to the Engineer.
The Engineer is expected to review the guarantee
Acceptance of the advance payment guarantee is

the Employer’s contractual obligation
178

Contract 1999
Repayment of
Advance Payment
Advance payment is re-paid through percentage

deductions in the payment certificates and
payment
When the deduction should start

?
179

Contract 1999
Payment of Advance
Payment
Within;
42 days after issuing 21 days after

the Letter of receiving
Acceptance
Performance Advance
Security Payment
Whichever is later
180
60
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Contract 1999
Contractor’s Interim Payment Statements
Progress payment
On stages payment
quantities of work
The Contractor will
executed,
submit a payment
applying the unit rates
whenever the stage is
and prices from the
completed
BOQ
181

Contract 1999
The payment constitutes of;
1) The value of Works executed including Variations ;

2) Any amounts to be added and deducted for
changes in legislation and changes in cost, in
accordance with Sub-Clause 13.7 and Sub-Clause
13.8 ;
3) Any amount to be deducted for retention,
4) Any amounts to be added and deducted for the
advance payment in accordance with Sub-Clause
14.2 [Advance Payment];
182

Contract 1999
The payment constitutes of;
5) Any amounts to be added and deducted for Plant

and Materials in accordance with Sub-Clause
14.5;
6) Any other additions or deductions which may
have become due under the Contract or
otherwise, including those under Clause 20
[Claims, Disputes and Arbitration]; and
7) the deduction of amounts certified in all previous
Payment Certificates.
183
61
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Contract 1999
Contractor’s Interim Payment Statements
Contractor’s IPS must be accompanied by
• supporting documents necessary for the

Engineer to verify amounts claimed;
• Contractor’s Monthly Progress Report for the
period to which the IPS corresponds
184

Contract 1999
Valuation of Plant and Materials
intended for the Works
Contractor may claim interim payments of
stated percentage of value of Plant and
Materials delivered to Site
This is for Plant and Materials required to be

incorporated into the Works but have not yet
been incorporated
To minimise the Contractor’s financing costs

185

Contract 1999
Interim Payment Certificate
The Engineer shall within 28 days of receiving the

Contractor’s IPS, issue the Payment Certificate
stating the amount of payment which the
Engineer determines due and payable
The Payment Certificate shall be issued to the

Employer with a copy to the Contract
186
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Contract 1999
Interim Payment Certificate
Will be issued if;
The net amount is not

The Contactor has
less than the Minimum
submitted, and the
Amount of IPCs stated
Employer accepted, the
in the Appendix to
Performance Security
Tender
187

Contract 1999
Payment
Employer must make payment to the
Contractor within
Interim Payment; 56 Final Payment; 56 days

days after the after the Employer
Engineer receives the receives this Payment
Statement Certificate
Employer’s obligation is to pay the sum that is

certified without any deductions.
188

Contract 1999
Delayed Payment
Suspend the Work Terminate the Contract
Reduce the Rate of

Progress
Contract may entitle the Contractor to interest
Contractor should include such interest in the

IPS and the Engineer is obliged to certify it
189
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Contract 1999
Payment of Retention
Money
Outstanding balance
First 50% of retention
for retention money
money shall be
shall be certified
certified after the issue
promptly after the
of the Taking Over
expiry of the Defects
Certificate
Notification Period
190

Contract 1999
Contractor’s Statement at Completion
The Contractor shall, within 84 days after receiving

the TOC, submit to the Engineer a Statement at
If the Contractor does not claim an
Completion
entitlement in his Statement at
• Completion,
value of all work he loses it.
done in accordance with the Contract
up to the date of completion stated in the TOC;
• Any further sums which the Contractor considers due;
• An estimate of other amounts which the Contractor
considers will become due to him under the Contract.
191

Contract 1999
Interim Payment Certificate at Completion
The Engineer shall, within 28 days certify to the

Employer the amounts,
• only those amounts that Engineer determines to be

due to the Contractor for works already acceptably
completed, and
• other payment entitlements: a) at date of completion
stated in the TOC; b) after date of completion stated
in the TOC
192
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Contract 1999
Interim Payment Certificate at Completion
The Engineer shall submit to the Employer a

supplementary report,
• Payments due to the Contractor;

• Payments that are known will become due to the
Contractor;
• Estimates of the value of remaining works yet to
executed and outstanding claims and disputes;
• Employer’s entitlement (if any) to Delay Damages
193

Contract 1999
Interim Payment at Completion
The Employer shall pay within 56 days, to the

Contractor the amount certified by the Engineer
as payable,
194

Contract 1999
Contractor’s Final Statement
Within 56 days of receiving the PC, the Contractor

must submit to Engineer a draft Final Statement
Any further sums which

the Contractor considers
Value of all work done
to be due to him under
the Contract
195
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Contract 1999
If the Engineer disagrees with or cannot verify any part

of the draft final statement, Contractor
To make such changes

To submit such further
in the draft as may be
information
agreed between them
to then prepare and submit to the

Engineer the final statement as agreed
196

Contract 1999
FIDIC contract:
“…. if, following discussions between the Engineer and the

Contractor and any changes to the draft final statement
which are agreed, it becomes evident that a dispute exists,
the Engineer shall deliver to the Employer (with a copy to the
Contractor) an Interim Payment Certificate for the agreed
parts of the draft final statement.
Thereafter, if the dispute is finally resolved under ..... The
Contractor shall then prepare and submit to the Engineer
(with a copy to the Employer) a Final Statement.”
197

Contract 1999
Contractor’s Discharge
Contractor is required to submit with the Final

Statement a Discharge stating that the total of the
Final Statement represents full and final settlement of
all moneys due to the Contractor
Although there is no requirement for the Contractor to

state in his Discharge that “it is predicated on the
Employer’s payment and return of the Performance
Security”, wise for the Contractor to so state.
198
66
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Contract 1999
Final Payment Certificate
Engineer shall, within 28 days after receipt
The Contractor’s Contractor’s written

Final Statement Discharge
Issue to the Employer the Final Payment Certificate
199

Contract 1999
Final Payment Certificate
If Contractor has not
applied for a Final Payment

submitted a
Certificate within the
Discharge
prescribed time
The Engineer should request the Contractor to do

so within 28 days; if Contractor fails;
The Engineer issues the Final Payment Certificate
for an amount he determines
200

Contract 1999
Final Payment
Employer shall make the Final Payment to the

Contractor within 56 days after the date of his
receipt of the Engineer’s Final Payment Certificate.
201
67
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Contract 1999
Project Closure
202

Contract 1999
Tests
203

Contract 1999
Tests on Completion
204
68
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Contract 1999
Test on Completion
Means the tests which are specified in the

Contract or agreed by both Parties or
instructed as a Variation, and which are
carried out under Clause 9 [Tests on
Completion] before the Works or a Section
(as the case may be) are taken over by the
Employer.
205

Contract 1999
Who is responsible of
the Test on Completion
The Contractor shall provide all apparatus,

assistance, documents and other
information, electricity, equipment, fuel,
consumables, instruments, labour, materials,
and suitably qualified and experienced staff,
as are necessary to carry out the specified
tests efficiently
206

Contract 1999
Procedure
The Contractor shall give Tests will be carried out
21 days’ notice to the within 14 days after this
Engineer date
Permanent
Deduction Test to be Test
repeated Failed
11.4 Failure to
Remedy Defects
Test
Employer to carry pass
Deduction Termination
out the works
207
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Contract 1999
It is the responsibility of the Contractor to
carry out the Tests on Completion. Before the
Tests are carried out, the Contractor must
provide the as-built drawings and operations
and maintenance manuals.
In accordance with the Specification and in
sufficient detail for the Employer to operate,
maintain, dismantle, reassemble, adjust and
repair this part of the Works
208

Contract 1999
The Engineer should arrange for any specialist

engineers to attend and for the Employer to
make any necessary arrangements
As soon as the Works, or a Section, have

passed any Tests on Completion, the
Contractor shall submit a certified report of
the results of these Tests to the Engineer.
209

Contract 1999
The tests must be carried out within 14 days

after this date, on a date instructed by the
Engineer.
210
70
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Contract 1999
Delayed Tests
If the Employer unduly delays the Tests on
Completion then the provisions of Sub-Clause
9.2 or Sub-Clause 7.4 or 10.3 apply and the
Contractor may be entitled to additional time
and costs.
The Contractor will give notice to the
Engineer under Sub-Clause 7.4 and follow the
Sub- Clause 20.1 procedure to claim for an
extension of time and an additional payment
211

Contract 1999
Delayed Tests
If the delay lasts for more than 14 days then,

under Sub-Clause 10.3, the Employer is
deemed to have taken over the Works or
section on the date when the Tests on
Completion would have been completed.
The Tests must then be carried out during the

Defects Notification Period
212

Contract 1999
Delayed Tests
If the Tests on Completion are unduly delayed

by the Contactor the Engineer may give
notice requiring the Contractor to carry out
tests within 21 days
The Contractor will The Employer’s Personnel

carry the tests. can complete the Tests
213
71
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Contract 1999
Retesting
If the Works do not pass the Tests on
Completion, the Engineer can reject the
Works and require the Tests to be repeated
the Contractor shall make

good any defect and
The tests can then be
ensure that the rejected
repeated
item complies with the
Contract
214

Contract 1999
Retesting
There is no limit set on how many times the
Works can be carried out
This sub-clause should be read in conjunction

with Sub-Clause 7.5 “Rejection”
Sub-Clause 15.2(c) provides that the

Employer is entitled to terminate the Contract
if the Contractor fails to comply with a notice
issued under Sub-Clause 7.5
215

Contract 1999
Tests After
Completion
216
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Contract 1999
Procedure
Only in the Yellow and

Silver Book
Will apply only if the

Tests after Completion
are specified in the
Contract.
217

Contract 1999
Yellow Book
It is the Employer’s obligation to carry out the

The Contractor may attend
218

Contract 1999
Yellow Book
The Employer shall provide
Electricity, equipment, fuel, instruments,

labour, materials, and suitably qualified and
experienced staff.
219
73
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Contract 1999
Yellow Book
The tests shall be carried out in accordance

with the manuals provided by the Contractor
and the Contractor’s guidance, as either Party
may reasonably request.
220

Contract 1999
Silver Book
It is the Contractor’s obligation to carry the

The Employer’s personnel presence is

recommended and may be reasonably
requested.
221

Contract 1999
Silver Book
The Employer shall provide
Electricity, fuel, and materials, and make the

Employer’s Personnel and Plant available.
222
74
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Contract 1999
Silver Book
The Contractor shall provide
Any other plant, equipment, instruments,

labour, and suitably qualified and experienced
staff.
223

Contract 1999
Silver Book
The Contractor shall carry out the Tests after

Completion in the presence of such
Employer’s Personnel.
224

Contract 1999
Procedure
225
75
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Contract 1999
Notice
The Contractor (Silver) or the Employer

(Yellow) shall give 21 days’ notice to the
other Party of planned tests after completion
226

Contract 1999
Notice
The Tests after Completion shall be carried

out within 14 days after the expiry of 21 days
notice
227

Contract 1999
Yellow Book
If the Contractor does not attend, the

Employer may proceed with the Tests after
Completion, the Contractor shall accept the
readings.
228
76
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Contract 1999
Delay
If tests are unduly delayed by the Contractor,

the Engineer may carry out the tests at the
Contractor’s risk and cost
229

Contract 1999
Delayed Tests
If the Employer unreasonably delays the Tests

after Completion then the provisions of Sub-
Clause 20.1 apply and the Contractor may be
entitled to additional costs.
230

Contract 1999
Delayed Tests
If the Tests after Completion are not carried

out during the Defect Notification Period, for
reasons not attributable to the Contractor,
then the Works or Section shall be deemed
to have passed the Tests after Completion.
The Tests will not be carried out
231
77
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Contract 1999
Failure to Pass Tests after

Completion
If the tests fail

repeatedly there are
2 ways to deal with
such situation;
232

Contract 1999
Failure
If
• If the Works do not pass any or all the
1
Tests after Completion,
• There is a sum for such failure stated in
the Contract, and
• The Contractor paid the amounts during
the Defect Notification Period.
233

Contract 1999
Failure
The Works or Section shall be deemed to have

passed the Tests after Completion.
234
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Contract 1999
Failure
The Contractor
The Contractor will
proposed
be instructed by the
modification or
2
The Contractor Employer
will
adjustment
remain liable to carry
such modification
The Contractor will The Employer will
do the modification grant access to the
or adjustment facility
235

Contract 1999
Failure
If the Access is not granted during the Defect

Notification Period, the Contractor will be
relieved of his obligation and the Work or
Section shall be deemed to have passed the
Tests after Completion.
236

Contract 1999
Failure
If the Contractor incurred additional cost as a

result of any unreasonable delay in getting
access, Clause 20.1 shall apply.
237
79
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Contract 1999
Clause 10
Employer’s Taking
Over
238

Contract 1999
Substantial Completion
The work will be considered substantially
completed when;
The Works have been Passed the tests on
completed completion
Issuing the As Built
O&M manuals
Drawings
Will not substantially
Minor outstanding affect the use of the
work and defects Works for their
intended purpose
239

Contract 1999
Taking Over Certificate
The Contractor may request and Engineer

shall issue a TOC for;
Any Section in respect
of which a separate Any part which is ready
Time for Completion is of the Permanent
provided in the Works
Contract
Any part of the Permanent Works which the

Employer has elected to use prior to completion
240
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Contract 1999
The Contractor applies by notice to
Engineer for a Taking-Over Certificate;
The Engineer shall within 28 days;
Issue the TOC Reject the application,

• The date Works • Reasons of rejection
were completed • Specifying the work
• Snags and required to be done
outstanding list to issue the TOC
241

Contract 1999
If The Engineer failed to response within 28
days;
The Works or Section (as the case may be) are

substantially completed in accordance with
the Contract
the Taking-Over Certificate shall be deemed to

have been issued on the last day of that period
242

Contract 1999
After the issuance of the TOC
• Responsibility for care and maintenance

transferred to the Employer;
• Contractor’s obligation to insure the Works
ends;
• Part of the Retention Money is paid to the
Contractor;
• Time begins to run for the Contractor’s
submission of a Statement at Completion
243
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Contract 1999
Clause 11
Defect Notification
Period
244

Contract 1999
Project Closure Performance
Test on Certificate Return of the
Completion 11.9 Performance
– 9.1 Bond – 4.2
Remedying of defects – 11.3
<21d
DNP – 1.1.3.7
TOC
10.1 Notifying of
defects –
11.1(b)
245

Contract 1999
Definition
Is the period for notifying defects, as stated in the

Appendix to Tender (typically 12 months but
sometimes longer) from the date of issuing the TOC
In the event of more than one TOC having been

issued, the respective dates so certified
246
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Contract 1999
Defect Notification
Period
The Contractor is required,
To complete items listed To rectify any defects

in the TOC within such which are notified to him
reasonable time as is by or on behalf of the
instructed by the Employer on or before
Engineer during the DNP the DNP expiry date
247

Contract 1999
Inspections and notification of defects
The Contractor is required,
The Intent is that at or soon

Checkafter expiry
that defects
Check remaining works
of the DNP, the Works shall be in the Snagging
notified
completed during the DNP
delivered to the EmployerList in the to the TOC
appended
condition required by the Contract, fair
wear and tear excepted.,
Identify defects that
become manifest during
the DNP
248

Contract 1999
Cost of Rectifying Defects and Damage
The Contractor is not obliged, at his cost, to rectify,
Defects which are

Fair wear and tear; attributable to faults of
design
damage not caused

by/attributed to Contractor in
the DNP
249
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Contract 1999
The Employer may choose to rectify defects or
damage that are not attributable to the Contractor by
The Employer to request Employer executing the

the Contractor to perform remedial works outside
the remedial works the Contract
Payment and payment

terms to be jointly agreed
250

Contract 1999
Contractor to search
If an argument arises as to whether or not a
defect is attributable to the Contractor, he shall,
upon instruction of the Engineer
The defect is The Contractor

the Contractor’s shall bear the
Search for the responsibility cost
cause of the
defect The defect isn’t The Employer
the Contractor’s shall bear the
responsibility cost
251

Contract 1999
Remedies for Non-Performance in Defects
Liability Period
If the Contractor didn’t complete the remaining
works or rectify the notified notices within
reasonable time;
Recover from
The Employer the Contractor
Do the work;
can; the Employer’s
full costs
252
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Contract 1999
Extension of Defects Notification
Period
If the Works or part

The Employer entitled to an
cannot be used
Extension of Defects
because of a defect or
Notification Period
damage
Maximum 2 years
253

Contract 1999
Failure to Remedy the Defects
Where the Contractor fails to

Notice to
make good defects or damage
correct
within a reasonable time
Termination
Make other arrangement Failed

Accept the work and
deduction
254

Contract 1999
Right of Access
Employer is under an obligation to grant the Contractor

access to remedy defects.
Contractor has a right of reasonable access to the
Works
Right to access is subject to the Employers’ reasonable
security restrictions.
255
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Contract 1999
Performance Certificate
To be issued
within 28 days of the Once the Defects

expiry of the latest DNP are remedied
Only the Performance Certificate will constitute deemed

acceptance of the Works
256

Contract 1999
Suspension and
Termination
257

Contract 1999
Clause 15 &16 –
Suspension and
Termination
258
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Contract 1999
Termination by Employer arising

from Contractor’s default
259

Contract 1999
Employer entitled to terminate the Contract if
the Contractor;
1. Enters into liquidation or dissolution

2. Becomes bankrupt or insolvent
3. Gives or offers any bribe, gift, gratuity or commission
4. Fails to maintain an acceptable Performance Security
5. Fails to commence the Work
6. Abandons the Works
7. Fails to expedite progress of the Works
8. Fails to comply with a notice of remedial action
9. Neglects to comply with any of his obligations
10. Subcontracts the whole of the Works.
260

Contract 1999
Termination by Employer
FIDIC contracts do not require any certification by the Engineer
In any of the above, the Employer may give 14 days’ notice to

the Contractor of termination; except that immediate notice
may be given in the event of reasons (1), (2) and (3).
If the Employer gives notice and then wishes to withdraw it,

the Parties may agree that the notice shall be of no effect.
Or, it may be agreed that the notice be put on-hold
261
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Contract 1999
After expiry of the Employer’s notice of termination
Employer, or his other

Employer may complete the
contractors, may use any of
Works himself or arrange
the Contractor’s Materials,
for others to do so
etc. as they deem fit
Employer is entitled to require the Contractor to assign

to him the benefit of any agreements or subcontracts
262

Contract 1999
Facilities should be released to the Contractor only
after receipt from the Employer of a notice, which
might not be until the Works have been completed
Engineer shall Employer is entitled to

determine sums due withhold further payments
to the Contractor until the expiration of the DNP
Upon completion, Contractor is entitled to receive the amount he

was entitled if he had completed the Works less Employer’s costs.
263

Contract 1999
Termination by Contractor arising

from Employer’s default
264
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Contract 1999
Contractor entitled to terminate the Contract if
the Employer;
Fails to pay to the
Becomes bankrupt or goes
Contractor the amount
into liquidation
under any IPC
substantially fails to
fails to provide his financial
perform his
arrangements
obligations
If the Engineer fails, within 56 days after receiving a

Contractor’s Statement and supporting documents, to
issue the relevant IPC
265

Contract 1999
Contractor entitled to terminate the Contract if
the Employer;
After a suspension by the

Engineer of the whole of without the Contractor’s
the Works exceeding 84 prior agreement, the
days, the Employer fails Employer transfers to a
give permission to resume third party any of its
working within 28 days obligations or rights under
after the Contractor’s the Contract
request
266

Contract 1999
Termination by Contractor
For each of the above events, the Contractor may give 14 days’
notice to the Employer of termination; except that he may give
notice of immediate termination for (2) and (3).
Contractor’s election to terminate the Contract does not

prejudice any of his other rights under the Contract
If the Contractor gives notice and then wishes or agrees to
withdraw it, the Parties may agree that the notice shall be of
no effect.
Or, it may be agreed that the notice be put on-hold.
267
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Contract 1999
After expiry of the Contractor’s notice of termination
Removes from Site all his

Contractor ceases all further
Equipment and facilities,
work
and leaves the Site
Contractor hands over to the Employer any

documents, Plant, Materials and other work for which
he has received payment
Employer returns the Contractor’s Performance Security

268

Contract 1999
Engineer determines and Employer pays to the Contractor
Amounts payable for works Cost of Plant and Materials

acceptably performed delivered by the Contractor
any other cost or liability Cost of repatriation of the

reasonably incurred staff and labour
cost of removal of Temporary Works and Contractor’s

Equipment from Site and their return to Contractor’s
home base
269

Contract 1999
Employer to pay the amount of any loss of profit or

other loss or damage sustained by Contractor as a result
of termination
270
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Contract 1999
Termination resulting from Force

Majeure
271

Contract 1999
Termination resulting from Force Majeure
Contract may be terminated if a Party is or will be prevented

by Force Majeure from performing its obligations
Party prevented from performing must notify the other Party

of the event within 14 days after the event became known to
him, or should have been known.
Notice shall contain details of the obligations whose

performance is prevented.
272

Contract 1999
Either Party may give notice of termination if performance is

prevented for a continuous period of 84 days or for multiple
periods totaling more than 140 days due to the same Force
Majeure event ( notice to take effect 7 days after being given)
273
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Contract 1999
After notice of termination

work
and leaves the Site


274

Contract 1999



home base
275

Contract 1999
Employer’s Termination for

Convenience
276
92
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Contract 1999
Employer’s Termination for Convenience
Employer entitled to terminate the Contract at any time for his

own convenience by giving notice to the Contractor.
Termination takes effect 28 days after the later of the dates on

which the Contractor receives the notice or the Employer
returns the Contractor’s Performance Security
277

Contract 1999
Employer cannot terminate the Contract in order to execute

the Works himself or by other contractors
Ensuing obligations shall proceed as for termination resulting

from Force Majeure
Contractor may consider that the Employer should reimburse

him for losses and damages attributable to termination
278

Contract 1999
After notice of termination

work
and leaves the Site


279
93
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Contract 1999



home base
280

Contract 1999
Risk, Liability, and

Force Majeure
281

Contract 1999
Clause 17– Risk and

Responsibility
282
94
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Contract 1999
Indemnities
Contractor held liable for the following risks
personal injury arising out of the Contractor’s design

and/or execution of the works
damage to property arising out of the Contractor’s

design and/or execution of the works which is
attributable to the negligence, wilful act or breach
of contract of the Contractor or its Personnel
283

Contract 1999
Indemnities
Employer will beheld liable for the following risks
Of any negligence, wilful act or breach of the

Contract by the Employer
The matters for which liability may be excluded from

insurance cover, as described in Sub-Clause 18.3
284

Contract 1999
Contractor’s Care of the

Works
Until the Taking-Over Certificate is issued
remedying, at its
Works and own risk and cost,
Goods any damage for
which it is
responsible
285
95
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Contract 1999
Contractor’s Care of the

Works
After the Taking-Over Certificate is issued
any loss or damage

Employer is that arises from an
responsible for the event, prior to the
Works and Goods issue of the
certificates
286

Contract 1999
Employer’s Risks
war, hostilities, invasion; rebellion terrorism,

revolution, civil war, riot; munitions of war,
explosive; pressure waves caused by aircraft;
use or occupation by the Employer of any
part of the Permanent Works; design by the
Employer of any part; any unforeseeable
adverse operation of the forces of nature.
Disorder or rioting on the part of the
Contractor which arose from the conduct of
the Works is not an Employer risk.
287

Contract 1999
Consequences of
Employer’s Risks
Notice to the
Loss or damage
Engineer
Rectify this loss or

Claim under Clause damage to the
20 the Cost and time extent required by
the Engineer
288
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Contract 1999
Intellectual and Industrial
Property Rights
The Party receiving the claim has 28 days to notify

the other of the claim.
If no notice is given, right to indemnity is lost.
289

Contract 1999
Property Rights
Employer must indemnify the Contractor
the unavoidable a result of the

result of the Employer using the
Contractor Works for purposes
executing the not related to the
Works Contract
290

Contract 1999
Property Rights
Contractor must indemnify the Employer in respect

of any such claim arising out of its design or works
Parties must co-operate together to deal with any

claims that may arise against one of the Parties
291
97
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Contract 1999
Limitation of Liability
Contractor’s total liability is capped to the sum

stated in the Contract or the Accepted Contract
Amount
There are no limitations on liability in cases of

fraud, or deliberate default or reckless misconduct
292

Contract 1999
Clause 18–
Insurance
293

Contract 1999
Insurances
FIDIC contracts require the following equivalent

insurances (Clause 18):.
Insurance for Works Insurance against

and Contractor’s Injury to Persons and
Equipment Damage to Property
Insurance for Professional Indemnity

Contractor’s Personnel Insurance
294
98
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Contract 1999
Insurance for Works and Contractor’s

Equipment (CAR+ Equipment)
Limit: Full Reinstating + Demolition 1.15 of

Contract Price
Validity: Till the Issuance of the TOC and

Performance Certificate
Cover: All loss and damage from any cause not

listed in Sub-Clause 17.3 [Employer’s Risks]
295

Contract 1999
Contractor’s Equipment
Limit: The full replacement value, including

delivery to Site
Validity: Till it is no longer required
Cover: All loss and damage

296

Contract 1999
Insurance against Injury to Persons and

Damage to Property
Limit: As stated in the Appendix to Tender
Validity: Till the issue of the Performance

Certificate
Cover: Any loss, damage, death or bodily injury

which may occur to any physical property
297
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Contract 1999
Insurance for Contractor’s Personnel

Certificate
Cover: liability for claims, damages, losses and
expenses arising from injury, sickness, disease or
death of any person employed by the Contractor’s
Personnel, the Employer, and the Engineer.
298

Contract 1999
Professional Indemnity Insurance

For parts designed by the Contractor

Certificate or 10 years of the TOC
Cover: All loss and damage caused by faulty in

design
299

Contract 1999
Clause 19 –
Force Majeure
300
100
02/08/2022

Contract 1999
Notice of Force Majeure
The affected Party shall give notice within 14 days

Force
after the Party Majeure
became shall not apply
aware
to obligations of either Party
to make payments to the
other Party under the
The delivery of a force majeure
Contract notice will excuse the
affected Party from performing its obligations for the
duration of the force majeure event
301

Contract 1999
Duty to Minimise Delay
The Parties will work together to minimise any delay

caused by the force majeure event
Notice must be given when the force majeure event

is no longer of any effect
302

Contract 1999
Consequences of
Force Majeure
Notice to the
Force Majeure
Engineer
Notice must be given

when the force majeure Claim under Clause
event is no longer of 20 the Cost and time
any effect
303
101
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Contract 1999
Force Majeure Affecting
Subcontractor
Contractor cannot rely on a broader, force majeure

clause in a sub-contract to claim force majeure relief
against the Employer.
304

Contract 1999
Release from Performance
Under the Law
Parties will also be released from performance if
Any irresistible event makes it

impossible or unlawful for the the Governing Law
Parties to fulfil their allows this
contractual obligations
305

Contract 1999
Claims, Disputes, and

Arbitration
306
102
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Contract 1999
Clause 20
Claims, Disputes
and Arbitration
307

Contract 1999
Contractor’s Claim
The Contractor should submit a claim and

particulars.
The Engineer should response within 42 days
The Engineer should

The Engineer should certify sums
make determination acknowledged in respect
of substantiated claims.
308

Contract 1999
Claim Procedure 20.1
– No EoT
– No additional payment
Notification
of Claim Engineer to
respond Approve
<42d <42d
<28d Disapprove
Further
particulars
Claim
Event Particulars
Limited EoT and Claim
additional payment Principals
309
103
02/08/2022
Contract Management – Variations, Claims, and

Extension of Time
When you will have a Dispute
• When there is a disagreement about the Contract

or the execution of the Works, including any
dispute as to any certificate, determination,
instruction, opinion or valuation of the Engineer
• One Party objected or rejected any of the above
matters.
• The objection was rejected.
310

Extension of Time
Background of Dispute
Resolution
• Before Fidic 1999.

• Engineer’s Decision.
• Time Bar.
311

Extension of Time
Disputes Adjudication Board
• DAB shall be appointed by the dated stated in the

Appendix to Tender.
• DAB to be appointed by the parties.
• DAB is to be one or three members.
• Dispute Adjudication Agreement is to be signed.
312
104
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Extension of Time
How to select the DAB

members
• Language.
• Experienced in the field.
• Nationality.
• Will be free.
313

Extension of Time
Types of DAB
Standing Ad- hoc
Construction Plant
Harmonised EPC/Turnkey
DBO
314

Extension of Time
DAB Termination
By the Parties By the DAB
Upon Agreement of
If the Parties or one of
the Parties
them failed to comply
If the Board didn’t
with the DAB
comply with the DAB
Agreement
Agreement Conditions
315
105
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Extension of Time
DAB Payment
• The parties are jointly and severally liable for

the DAB member payments.
• Each party is to bear 50% of the costs.
• The payment shall be included in the DAB
agreement.
316

Extension of Time
DAB Payment
• Retainer fee
• Being available on 28 days’ notice
• Becoming and remaining conversant with
the Project requirements.
• The office and overhead expenses.
• Daily fee for preparing reports and ….
• Reimbursement of reasonable costs
• Reimbursement of taxes
317

Extension of Time
Site visits
Interval visits Upon request
At intervals not more Either the Employer

than 140 days. or the Contractor can
Usually quarterly request
The Site visits should be attended by the Employer,

the Contractor and the Engineer
318
106
02/08/2022

Extension of Time
DAB Mechanism
• When a dispute arises, either party may refer to

the DAB.
• DAB members shall make a decision on the
disputed matter.
• Either party shall give its notice of dissatisfaction
within 28 days of receiving the decision, or the
decision will be final and binding.
319

Extension of Time
DAB decision procedure
• The Referral
• Site Visit
• The Response
• The Hearing
• The Decision
320

Extension of Time
Amicable Settlement
• If DPA decision given under Clause 20.4 is

disputed, both parties shall attempt to settle the
dispute amicably.
• Arbitration will be commenced on or after the
fifty-sixth day after the day on which notice of
dissatisfaction was given.
• No need to proof the attempt of amicable
settlement.
321
107
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Extension of Time
Arbitration
• If dispute is not settled amicably, and

• The DAB decision has not become final and
binding.
• Then the dispute shall be finally settled by
international arbitration.
322

Extension of Time
• The rules of arbitration shall be decided at the

tender stage.
• Number of arbitrators to be decided at the
tender stage.
• The language and place of arbitration is to be
decided at the tender stage.
• The arbitration decision is final and binding.
323

Contract 1999
Arbitration
The Rules of
Language Place
Arbitration
ICC
Appendix to
Tender
324
108
02/08/2022

Contract 1999
Dispute Event
<28d
– No EoT N Notification of Y Claim Particulars
– No additional payment Claim 20.1 <42d 20.1
<42d
DAB Decision N
<84d DAB 20.4 Engineer to
20.4 respond – 20.1
N <28d Y
Y
Notification N No notice of
N Parties Accepted
20.4 <28d dissatisfaction Y
Amicable Succeeded Y
Settlement 20.5 56d
Dispute Resolved
Arbitration Y
20.6 N
325

Contract 1999
Differences between
1987 Red Book and
1999 Construction
Contract
326

Contract 1999
FIDIC 1999
The 1999 editions differ on the basis of the

allocation of design function, the existence of
an Engineer, and the paying methodology.
327
109
02/08/2022

Contract 1999
Specific Clauses
The role of the Engineer under Clause 3.l (a)
declares that
"whenever carrying out duties or exercising

authority, specified in or implied by the
Contract, the Engineer shall be deemed to act
for the Employer."
The Engineer is the Employers Personnel

1.1.2.6
328

Contract 1999
Specific Clauses
While Clause 3.5 requires the Engineer to

make
“a fair determination in accordance with the

Contract, taking due regard of all relevant
circumstances”
329

Contract 1999
Specific Clauses
The replacement of the Engineer's decision
with a Dispute Adjudication Board as the first
step in the dispute process set out in
clause 20
Should substantially reduce the duration of
disputes
Their decisions will have interim binding effect
330
110
02/08/2022

Contract 1999
Specific Clauses
Value Engineering is introduced under Clause

13.2
The benefit will be shared between the

Employer and the Contractor at 50-50 %
331

Contract 1999
Specific Clauses
Suspension for late payment and late
certification under clause 16.1
Financing charges compounding monthly for
late payment under Clause 14.8
The Employer must comply with a claims
clause (Clause 2.5) and may not make
deductions from sums otherwise certified
and payable, the deduction shall be
determined and certified by the Engineer
332

Contract 1999
Specific Clauses
Unforeseeable Physical Conditions at clause

4.12 in the Red and Yellow Books with the
proviso that a claim may be reduced where
"other physical conditions in similar parts of

the Works (if any) were more favourable than
could reasonably have been foreseen when
the Contractor submitted the Tender."
333
111
02/08/2022

Contract 1999
Specific Clauses
Sample on-demand bonds are now included
with the conditions
The ability for a Contractor to demand under

Clause 2.4
"reasonable evidence that financial
arrangements have been made and are being
maintained which will enable the Employer to
pay the Contract Price ... "
334

Contract 1999
Specific Clauses
Failure to provide claim notices within the 28
days provided by clause 20.1 will prevent the
Claim
Progress reports are required under Clause
4.21 and it is a must for the Payment
Termination for convenience is provided for
at clause 15.5
The Defects Notification Period, as it is now
called, may be extended for up to 2 years
335

Contract 1999
Specific Clauses
Force Majeure is broadly defined by clause
19.1
"(a) which is beyond a Party's control, (b)
which such Party could not reasonably have
provided against before entering into the
Contract, (c) which, having arisen, such Party
could not reasonably have avoided or
overcome, and (d) which is not substantially
attributable to the other Party ..."
336
112
02/08/2022

Contract 1999
The Yellow Book
In this lump sum form, the Contractor has to

produce;
"When completed, the Works shall be fit for

the purposes for which the Works are
intended as defined in the Contract"
337

Contract 1999
The Silver Book
This is intended as a turnkey form for EPC
and other similar projects where the risk is
placed largely on the Contractor. So clause
4.12 states that
"(b) by signing the Contract, the

Contractor accepts total responsibility for
having foreseen all difficulties and costs of
successfully completing the Works"
338

Contract 1999
Differences between
First Edition 1999 and
Second Edition 2017
339
113
02/08/2022

Contract 1999
From FIDIC Gold Book
• Definitions are in alphabetical Order.
• “Contract Data” instead of “Appendix to
Tender”.
• Clause 17: “Risk allocation” instead of “Risk
and Responsibilities”.
• Clause 18: “Exceptional Risks” instead of
“Insurance”
• Clause 19: “Insurance” instead of “Force
Majour”
• Standing DAB in all books instead of Ad-Hok
DAB in Yellow and Silver Book
340

Contract 1999
From FIDIC Pink Book
• Structure of the Particular Conditions

1. Part A – Contract Data
2. Part B – Special Provisions
• Percentage of the Contractor’s Profit; in
Contract Data or 5%
341

Contract 1999
From FIDIC Subcontract
2011
• Detailed Programming Requirements
342
114
02/08/2022

Contract 1999
New Definitions
For More Clarity
• Claim: means a request by one Party to the
other Party for an entitlement or relief under
any Clause of these Conditions or otherwise in
connection with, or arising out of, the Contract
or the execution of the Works.
• Cost plus Profit,
• DAB Agreement
• Daywork Schedule
• Delay Damages
• Dispute
• Employer-Supplied Material
343

Contract 1999
New Definitions
• Employer’s Risks
• General Conditions
• Joint Venture
• Notice
• No-objection
• Review
• NOD or Notice of Dissatisfaction
• Part
• Programme
• Particular Conditions
• Schedule of Rate and Prices
• Month
344

Contract 1999
New Definitions
For New Provisions
• Contractor’s Risks
• CV System
• Engineer’s Representative
• Exceptional Events
• Joint Venture Undertaking
• Key Personnel
• Non-Performance Damages
• QM System
• Schedule of Performance Guarantee
345
115
02/08/2022

Contract 1999
Enhanced Project Management
Tools
• Notices to be identified as such and refer to the
Sub-Clause.
• New provision for Meetings which can be called
by the Contractor or the Engineer and attended
by third parties.
• Both Parties shall keep the contemporary
records for their claims
- Defined as records that are prepared or
generated at the same time or immediately
after the matter occurs.
346

Contract 1999
Enhanced Project Management
Tools
• More detailed requirements for the Contractor’s
Programme and the supporting reports,
- Identifying key dates: Commencement Date,
Access to Site,….
- All activities to be logically linked: ES, LS, EF, LF.
- Showing the critical path and float.
- Advance Warning by both Parties and the
Engineer.
• New provision for the Contractor to implement:
- Quality Management System
- Compliance Verification System.
347

Contract 1999
Role of the Engineer reinforced
• The Engineer shall be:

- Professional Engineer.
- Qualified, experience, and competent.
- Fluent in ruling language.
• New provision for Engineer’s Representative.
• The Engineer shall act neutrally under Sub-Clause
3.7 [Agreement or Determination].
• Time bar for the Agreement and the
Determination.
• Variations by the Engineer’s Instruction only.
348
116
02/08/2022

Contract 1999
Balanced Risk Allocation

• Maintained the Risk Allocation in FIDIC 1999.
• Confidentiality: expressly stating that both
Parties has obligations to keep the information
and documents as private and confidential.
• Employer’s Claim: Similar Notice and detailed
particulars time bar
• Performance Security:
 Provision of reducing or increasing the
Security for a change more than 20%.
 Clarifying when and how the bond will be
called.
349

Contract 1999
Other Provisions
• Contractor’s Key Personnel, shall be specified in

the Employer’s Requirement and will be replaced
after obtaining the Engineer’s consent.
• Notice to Correct, more detailed requirement to
be stated in the notice; the Contractor shall
propose the remedial actions.
• Payment after termination for the Contractor’s
default included the Delay Damages.
• Limitation of Liability and specifying the liabilities
of each Party.
350

Contract 1999
Claims and Disputes
Claim is not a Dispute
• Clear Definition for the Claim and the Dispute.
• Presented in two separate Clauses.
• Bothe procedures are clarified to have more
clarity and formality.
• The Contractor and the Employer has one Claim
procedure and time bar to deal with their Claims.
• Clarification of the Engineer’s Role in
 Mediation to reach an Agreement.
 Determination.
 Clear time bar for the Agreement and the
Determination.
351
117
02/08/2022

Contract 1999
Claims and Disputes
• For Disputes: A standing DAB in all FIDIC Books.

• DAB decision is binding bot not final
• Enhancing the DAB’s role in dispute avoidance by
providing a provision for both Parties to
approach the DAB for informal discussion which
is not binding on both Parties and the DAB’s
members.
• No disputes will be declared or informally
discussed with the DAB during the Engineer’s
Agreement or Determination.
352

Contract 1999
Thank You
Asel El Housan
B.Sc., MBA, Dipl PM, ACIarb,
Arbitrator, CMC Certified
Mediator, Expert Witness
FIDIC Certified Trainer
FIDIC Affiliate member
FIDIC TG9 Member
Asel.Housan@aehconsultancy.com
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02/08/2022

A Practical Guide for

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A Practical Guide for Using the FIDIC Conditions of

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A Practical Guide for Using the FIDIC Conditions of

FIDIC: International Federation of Consulting

global voice for the

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A Practical Guide for Using the FIDIC Conditions of

To promote the business

A Practical Guide for Using the FIDIC Conditions of

Representing nearly 1 million staff in more than100

A Practical Guide for Using the FIDIC Conditions of

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A Practical Guide for Using the FIDIC Conditions of

1994 for 2011 for 1991

FIDIC Contract Management

FIDIC Other Books

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A Practical Guide for Using the FIDIC Conditions of

1987 1995 2006

A Practical Guide for Using the FIDIC Conditions of

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A Practical Guide for Using the FIDIC Conditions of

• Definition of force majeure has broadened.

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A Practical Guide for Using the FIDIC Conditions of

Employers’ risks Contractors’ risks

A Practical Guide for Using the FIDIC Conditions of

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A Practical Guide for Using the FIDIC Conditions of

• Which party can best foresee the risk?

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A Practical Guide for Using the FIDIC Conditions of

Insurable Risk Uninsurable Risk

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A Practical Guide for Using the FIDIC Conditions of

A Practical Guide for Using the FIDIC Conditions of

Which Form to use

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A Practical Guide for Using the FIDIC Conditions of

Which Form to use

A Practical Guide for Using the FIDIC Conditions of

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A Practical Guide for Using the FIDIC Conditions of

Features of the 1999

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A Practical Guide for Using the FIDIC Conditions of

Harmonisation of terms and clauses

To the users to understand them completely,

A Practical Guide for Using the FIDIC Conditions of

Short Form Contract Small Projects

A Practical Guide for Using the FIDIC Conditions of

Tackle the problem of late payment

The Employer is obliged to show his financial

If the Contractor does not receive his financial

A Practical Guide for Using the FIDIC Conditions of