A comparison of Sub-Clause numbers

between the fourth edition of "The Red

Book' and the 1999 Conditions of
Contract for Construction

Clauses in the fourth edition Equivalent Sub-Clause

of the 'The Red Book' in 1999 Conditions of
Contract for Construction

PART 1: GENERAL CONDITIONS

Definitions and Interpretation
1.1 Definitions 1.1
1.2 Headings and Marginal Notes 1.2
1.3 Interpretation 1.2
1.4 Singular and Plural 1.2
1.5 Notices, Consents, Approvals, Certificates and Determinations 1.3

Engineer and Engineer's Representative

2.1 Engineer's Duties and Authority 3.1
2.2 Engineer's Representative 3.2
2.3 Engineer's Authority to Delegate 3.2
2.4 Appointment of Assistants 3.2
2.5 Instructions in Writing 3.3
2.6 Engineer to Act Impartially 3.1

Assignment and Subcontracting

3.1 Assignment of Contract 1.7
4.1 Subcontracting 4.4
4.2 Assignment of Subcontractors' Obligations 4.5

Contract Documents
5.1 Language/sand Law 1.4
5.2 Priority of Contract Documents 1.5
6.1 Custody and Supply of Drawings and Documents 1.8
6.2 One Copy of Drawings to be Kept on Site 1.8
6.3 Disruption of Progress 1.9
6.4 Delays and Cost of Delay of Drawings. 1.9
6.5 Failure by Contractor to Submit Drawings 1.9
 7.1 Supplementary Drawings and Instructions 3.3 28.1 Patent Rights 17.5
7.2 Permanent Works Designed by Contractor 4.1 28.2 Royalties 7.8
7.3 Responsibility Unaffected by Approval 3.1 29.1 Interference with Traffic and Adjoining Properties 4.14
30.1 Avoidance of Damage to Roads 4.15
General Obligations 30.2 Transport of Contractor's Equipment or Temporary Works 4.13, 4.15
8.1 Contractor's General Responsibilities 4.1 30.3 Transport of Materials or Plant 4.16
8.2 Site Operations and Methods of Construction 4.1 30.4 Waterborne Traffic 4.15
9.1 Contract Agreement 1.6 31.1 Opportunities for Other Contractors 4.6
10.1 Performance Security 42 31.2 Facilities for Other Contractors 4.6
10.2 Period of Validity of Performance Security 4.2 32.1 Contractor to Keep Site Clear 4.23
10.3 Claims under Performance Security 4.2 33.1 Clearance of Site on Completion 4.23
11.1 Inspection of Site 4.10
12.1 Sufficiency of Tender 4.11 Labour
12.2 Not Foreseeable Physical Obstructions or Conditions 4.12 34.1 Engagement of Staff and Labour 6.1
.-713.1 Work to be in Accordance with Contract 3.3, 19.7 35.1 Returns of Labour and Contractor's Equipment 6.10
14.1 Programme to be Submitted 8.3
14.2 Revised Programme 8.3 Materials, Plant and Workmanship
14.3 Cash Flow Estimate to be Submitted 14.4 36.1 Quality of Materials, Plant and Workmanship 7.1
14.4 Contractor not Relieved of Duties or Responsibilities 3.1 36.2 Cost of Samples 7.2
15.1 Contractor's Superintendence 4.3 36.3 Cost of Tests 7.4
16.1 Contractor's Employees 6.9 36.4 Cost of Tests not Provided for 7.4
16.2 Engineer at Liberty to Object 6.9 36.5 Engineer's Determination where Tests not Provided for 7.4
17.1 Setting out 4.7 37.1 Inspection of Operations 7.3
18.1 Boreholes and Exploratory Excavation 13.1 37.2 Inspection and Testing 7.3
19.1 Safety, Security and Protection of the Environment 4.8, 4.18, 4.22 37.3 Dates for Inspection and Testing 7.3
19.2 Employer's Responsibilities 2.3 37.4 Rejection 7.5
20.1 Care of Works 17.2 37.5 Independent Inspection 32
20.2 Responsibility to Rectify Loss or Damage 17.2 38.1 Examination of Work before Covering up 7.3
~20.3
20.4
Loss or Damage Due to Employer's Risks
Employer's Risks
cgp 3
38.2
39.1
Uncovering and Making Openings
Removal of Improper Work, Materials or Plant
7.3
7.6
21.1 Insurance of Works and Contractor's Equipment 18.2 39.2 Default of Contractor in Compliance 7.6
21.2 Scope of Cover 18.2
21.3 Responsibility for Amounts not Recovered 18.1 Suspension
21.4 Exclusions 18.2 40.1 Suspension of Work 8.8
22.1 Damage to Persons and Property 17.1 40.2 Engineer's Determination following Suspension 8.9
22.2 Exceptions 17.1 40.3 Suspension lasting more than 84 Days 8.11
22.3 Indemnity by Employer 17.1
23.1 Third Party Insurance {including Employer's Property) 18.3 Commencement and Delays
23.2 Minimum Amount of Insurance 18.3 41.1 Commencement of Works 8.1
23.3 Cross Liabilities 18.3 42.1 Possession of Site and Access Thereto 2.1
24.1 Accident or Injury to Workmen 18.4 42.2 Failure to Give Possession 2.1
24.2 Insurance Against Accident to Workmen 18.4 42.3 Rights of Way and Facilities 4.13
25.1 Evidence and Terms of Insurances 18.1 43.1 Time for Completion 8.2
25.2 Adequacy of Insurances 18.1 44.1 Extension of Time for Completion 8.4
25.3 Remedy on Contractor's Failure to Insure 18.1 44.2 Contractor to Provide Notification and Detailed Particulars 8.4
25.4 Compliance with Policy Conditions 17.1 44.3 Interim Determination of Extension 8.4, 20.1
26.1 Compliance with Statutes, Regulations 1.13 45.1 Restriction on Working Hours 6.5
27.1 Fossils 4.24 46.1 Rate of Progress 8.6
47.1 Liquidated Damages for Delay 8.7 58.2 Use of Provisional Sums 13.5
47.2 Reduction of Liquidated Damages 10.2 58.3 Production of Vouchers 13.5
48.1 Taking-Over Certificate 10.1
48.2 Taking-Over of Sections or Parts 10.2 Nominated Subcontractors
48.3 Substantial Completion of Parts 10.2 59.1 Definition of 'Nominated Subcontractors' 5.1
48.4 Surfaces Requiring Reinstatement 10.4 59.2 Nominated Subcontractors; Objection to Nomination 5.2
59.3 Design Requirements to be Expressly Stated 5.2
Defects Liability 59.4 Payments to Nominated Subcontractors 5.3
49.1 Defects Liability Period 11.1 59.5 Certification of Payments to Nominated Subcontractors 5.4
49.2 Completion of Outstanding Work and Remedying Defects 11.1
49.3 Cost of Remedying Defects 11.2 Certificates and Payment
49.4 Contractor's Failure to Carry Out Instructions 11.4 60.1 Monthly Statements 14.3
50.1 Contractor to Search 11. 60.2 Monthly Payments 14.6
60.3 Payment of Retention Money 14.9
Alterations, Additions and Omissions 60.4 Correction of Certificates 14.6
51.1 Variations 13.1 60.5 Statement at Completion 14.10
51.2 Instructions for Variations 13.1 60.6 Final Statement 14.11
52.1 Valuation of Variations 12.3 60.7 Discharge 14.12
52.2 Power of Engineer to Fix Rates 12.3 60.8 Final Payment Certificate 14.13
52.3 Variations Exceeding 15 percent 60.9 Cessation of Employer's Liability 14.14
52.4 Daywork 13. 60.10 Time for Payment 14.7
61.1 Approval only by Defects Liability Certificate 11.9
Procedure for Claims 62.1 Defects Liability Certificate 11.9
53.1 Notice of Claims 20.1 62.2 Unfulfilled Obligations 11.10
53.2 Contemporary Records 20.1
53.3 Substantiation of Claims 20.1 Remedies
53.4 Failure to Comply 20.1 63.1 Default of Contractor 15.2
53.5 Payment of Claims 20. 63.2 Valuation at Date of Termination 15.3
63 3 Payment after Termination 15.4
Contractor's Equipment, Temporary Works and Materials 63.4 Assignment of Benefit of Agreement 4.4, 15.2
54.1 Contractor's Equipment, Temporary Works and Materials; 64.1 Urgent Remedial Work 7.6
Exclusive Use for the Works 4.17
54.2 Employer not Liable for Damage 4.17, 17.2 Special Risks
54.3 Customs Clearance 2.2 65.1 No Liability for Special Risks 17.4
54.4 Re-export of Contractor's Equipment 2.2 65.2 Special Risks 17.3
54.5 Conditions of Hire of Contractor's Equipment 4.4, 15.2 65.3 Damage to Works by Special Risks 17.4
54.6 Costs for the Purpose of Clause 63 15.3 65.4 Projectile, Missile 17.4
54.7 Incorporation of Clause in Subcontracts 4.4 65.5 Increased Costs arising from Special Risks 17.4
54.8 Approval of Materials not Implied 65.6 Outbreak of War 19.6
65.7 Removal of Contractor's Equipment on Termination 19.6
Measurement 65.8 Payment if Contract Terminated 19.6
55.1 Quantities 14.1
56.1 Works to be Measured 12.1 Release from Performance
57.1 Method of Measurement 12.2 66.1 Payment in Event of Release from Performance 19.7
57.2 Breakdown of Lump Sum Items 14.1
Settlement of Disputes
Provisional Sums 67.1 Engineer's Decision 20.1
58.1 Definition of 'Provisional Sum' 13.5 67.2 Amicable Settlement 20.5
67.3 Arbitration 20.6
67.4 Failure to Comply with Engineer's Decision 20.7

N otices
68.1 Notice to Contractor 1.3
68.2 Notice to Employer and Engineer 1.3
68.3 Change of Address 1.3

Default of Employer
69.1 Default of Employer 16.2
69.2 Removal of Contractor's Equipment 16.3
69.3 Payment on Termination 16.4
69.4 Contractor's Entitlement to Suspend Work 16.1
69.5 Resumption of Work 16.1

Changes in C ost and Legislation

70.1 Increase or Decrease of Cost 13.8
70.2 Subsequent Legislation 13.7

Currency and Rates of Exchange

71.1 Currency Restrictions
72.1 Rates of Exchange 14.15
72.2 Currency Proportions 14.15
72.3 Currencies of Payment for Provisional Sums 14.15