FIDIC Quick Reference Guide Pink Book

Contents Introduction ix
Abbreviations xi
Clause 1: (General Provisions) 1
Sub-Clause 1.1 (Definitions) 1
Sub-Clause 1.1.1 (The Contract) 1
Sub-Clause 1.1.2 (Parties and Persons) 6
Sub-Clause 1.1.3 (Dates, Tests, Periods and Completion) 12
Sub-Clause 1.1.4 (Money and Payments) 17
Sub-Clause 1.1.5 (Works and Goods) 23
Sub-Clause 1.1.6 (Other Definitions) 27
Sub-Clause 1.2 (Interpretation) 32
Sub-Clause 1.3 (Communications) 32
Sub-Clause 1.4 (Law and Language) 33
Sub-Clause 1.5 (Priority of Contract Documents) 33
Sub-Clause 1.6 (Contract Agreement) 34
Sub-Clause 1.7 (Assignment) 34
Sub-Clause 1.8 (Care and Supply of Documents) 35
Sub-Clause 1.9 (Delayed Drawings or Instructions) 36
Sub-Clause 1.10 (Employer’s Use of Contractor’s Documents) 36
Sub-Clause 1.11 (Contractor’s Use of Employer’s Documents) 37
Sub-Clause 1.12 (Confidential Details) 37
Sub-Clause 1.13 (Compliance with Laws) 38
Sub-Clause 1.14 (Joint and Several Liability) 38
Sub-Clause 1.15 (Inspection and Audit by the Bank) 39
Clause 2: (The Employer) 39
Sub-Clause 2.1 (Right of Access to the Site) 39
Sub-Clause 2.2 (Permits, Licenses or Approvals) 40
Sub-Clause 2.3 (Employer’s Personnel) 40
Sub-Clause 2.4 (Employer’s Financial Arrangements) 41
Sub-Clause 2.5 (Employer’s Claims) 41
Clause 3: (The Engineer) 42
Sub-Clause 3.1 (Engineer’s Duties and Authority) 42
Sub-Clause 3.2 (Delegation by the Engineer) 43
Sub-Clause 3.3 (Instructions of the Engineer) 43
Sub-Clause 3.4 (Replacement of Engineer) 44
Sub-Clause 3.5 (Determinations) 44
Clause 4: (The Contractor) 45
Sub-Clause 4.1 (Contractor’s General Obligations) 45
Sub-Clause 4.2 (Performance Security) 45
Sub-Clause 4.3 (Contractor’s Representative) 46
Sub-Clause 4.4 (Subcontractors) 46
Sub-Clause 4.5 (Assignment of Benefit of Subcontract) 47
Sub-Clause 4.6 (Co-operation) 47
Sub-Clause 4.7 (Setting Out) 48
Sub-Clause 4.8 (Safety Procedures) 48
Sub-Clause 4.9 (Quality Assurance) 49
Sub-Clause 4.10 (Site Data) 49
Sub-Clause 4.11 (Sufficiency of the Accepted Contract Amount) 50
Sub-Clause 4.12 (Unforseeable Physical Conditions) 50
Sub-Clause 4.13 (Rights of Way and Facilities) 51
Sub-Clause 4.14 (Avoidance of Interference) 51
Sub-Clause 4.15 (Access Route) 52
Sub-Clause 4.16 (Transport of Goods) 52
Sub-Clause 4.17 (Contractor’s Equipment) 53
Sub-Clause 4.18 (Protection of the Environment) 53
Sub-Clause 4.19 (Electricity, Water and Gas) 54
Sub-Clause 4.20 (Employer’s Equipment and Free-Issue Material) 54
Sub-Clause 4.21 (Progress Reports) 55
Sub-Clause 4.22 (Security of the Site) 55
Sub-Clause 4.23 (Contractor’s Operations on Site) 56
Sub-Clause 4.24 (Fossils) 56
Clause 5: (Nominated Subcontractors) 57
Sub-Clause 5.1 (Definition of ‘Nominated Subcontractor’ 57
Sub-Clause 5.2 (Objection to Nomination) 57
Sub-Clause 5.3 (Payments to Nominated Subcontractors) 58
Sub-Clause 5.4 (Evidence of Payments) 58
Clause 6: (Staff and Labour) 59
Sub-Clause 6.1 (Engagement of Staff and Labour) 59
Sub-Clause 6.2 (Rates of Wages and Conditions of Labour) 59
Sub-Clause 6.3 (Persons in the Service of the Employer) 60
Sub-Clause 6.4 (Labour Laws) 60
Sub-Clause 6.5 (Working Hours) 61
Sub-Clause 6.6 (Facilities for Staff and Labour) 61
Sub-Clause 6.7 (Health and Safety) 62
Sub-Clause 6.8 (Contractor’s Superintendence) 62
Sub-Clause 6.9 (Contractor’s Personnel) 63
Sub-Clause 6.10 (Records of Contractor’s Personnel and Equipment) 63
Sub-Clause 6.11 (Disorderly Conduct) 64
Sub-Clause 6.12 (Foreign Personnel) 64
Sub-Clause 6.13 (Supply of Foodstuffs) 65
Sub-Clause 6.14 (Supply of Water 65
Sub-Clause 6.15 (Measures Against insect and Pest Nuisance) 66
Sub-Clause 6.16 (Alcoholic Liquor or Drugs) 66
Sub-Clause 6.17 (Arms and Ammunition) 67
Sub-Clause 6.18 (Festivals and Religious Customs) 67
Sub-Clause 6.19 (Funeral Arrangements) 68
Sub-Clause 6.20 (Forced Labour) 68
Sub-Clause 6.21 (Child Labour) 69
Sub-Clause 6.22 (Employment Records of Workers) 69
Sub-Clause 6.23 (Worker’s Organisations) 70
Sub-Clause 6.24 (Non-Discrimination and Equal Opportunity) 70
Clause 7: (Plant, Materials and Workmanship) 71
Sub-Clause 7.1 (Manner of Execution) 71
Sub-Clause 7.2 (Samples) 71
Sub-Clause 7.3 (Inspection) 72
Sub-Clause 7.4 (Testing) 72
Sub-Clause 7.5 (Rejection) 73
Sub-Clause 7.6 (Remedial Work) 73
Sub-Clause 7.7 (Ownership of Plant and Materials) 74
Sub-Clause 7.8 (Royalties) 74
Clause 8: Commencement, Delays and Suspension) 75
Sub-Clause 8.1 (Commencement of Works) 75
Sub-Clause 8.2 (Time for Completion) 75
Sub-Clause 8.3 (Programme) 76
Sub-Clause 8.4 (Extension of Time for Completion) 76
Sub-Clause 8.5 (Delays Caused by Authorities) 77
Sub-Clause 8.6 (Rate of Progress) 77
Sub-Clause 8.7 (Delay Damages) 78
Sub-Clause 8.8 (Suspension) 78
Sub-Clause 8.9 (Consequences of Suspension) 79
Sub-Clause 8.10 (Payment for Plant and Materials in the Event of Suspension) 79
Sub-Clause 8.11 (Prolonged Suspension) 80
Sub-Clause 8.12 (Resumption of Work) 80
Clause 9: (Tests on Completion) 81
Sub-Clause 9.1 (Contractor’s Obligations) 81
Sub-Clause 9.2 (Delayed Tests) 81
Sub-Clause 9.3 (Retesting) 82
Sub-Clause 9.4 (Failure to Pass Tests on Completion) 82
Clause 10: (Employer’s Taking-Over) 83
Sub-Clause 10.1 (Taking-Over of the Works and Sections) 83
Sub-Clause 10.2 (Taking-Over of Parts of the Works) 84
Sub-Clause 10.3 (Interference with Tests on Completion) 84
Sub-Clause 10.4 (Surfaces Requiring Reinstatement) 84
Clause 11: (Defects Liability) 85
Sub-Clause 11: (Completion of Outstanding Work and Remedying Defects) 85
Sub-Clause 11.2 (Cost of Remedying Defects) 85
Sub-Clause 11.3 (Extension of Defects Notification Period) 86
Sub-Clause 11.4 (Failure to Remedy Defects) 86
Sub-Clause 11.5 (Removal of Defective Work) 87
Sub-Clause 11.6 (Further Tests) 87
Sub-Clause 11.7 (Right of Access) 88
Sub-Clause 11.8 (Contractor to Search) 88
Sub-Clause 11.9 (Performance Certificate) 89
Sub-Clause 11.10 (Unfulfilled Obligations) 89
Sub-Clause 11.11 (Clearance of Site) 90
Clause 12: (Measurement and Evaluation) 90
Sub-Clause 12.1 (Works to be Measured) 90
Sub-Clause 12.2 (Method of Measurement) 91
Sub-Clause 12.3 (Evaluation) 91
Sub-Clause 12.4 (Omissions) 92
Clause 13: (Variations and Adjustments) 92
Sub-Clause 13.1 (Right to Vary) 92
Sub-Clause 13.2 (Value Engineering) 93
Sub-Clause 13.3 (Variation Procedure) 93
Sub-Clause 13.4 (Payment in Applicable Currencies) 94
Sub-Clause 13.5 (Provisional Sums) 94
Sub-Clause 13.6 (Daywork) 95
Sub-Clause 13.7 (Adjustments for Changes in Legislation) 95
Sub-Clause 13.8 (Adjustments for Changes in Cost) 96
Clause 14: (Contract Price and Payment) 96
Sub-Clause 14.1 (The Contract Price) 96
Sub-Clause 14.2 (Advance Payment) 97
Sub-Clause 14.3 (Application for Interim Payment Certificate) 97
Sub-Clause 14.4 (Schedule of Payments) 98
Sub-Clause 14.5 (Plant and Materials intended for the Works) 98
Sub-Clause 14.6 (Issue of Interim Payment Certificate) 99
Sub-Clause 14.7 (Payment) 99
Sub-Clause 14.8 (Delayed Payment) 100
Sub-Clause 14.9 (Payment of Retention Money) 100
Sub-Clause 14.10 (Statement at Completion) 101
Sub-Clause 14.11 (Application for Final Payment Certificate) 101
Sub-Clause 14.12 (Discharge) 102
Sub-Clause 14.13 (Issue of Final Payment Certificate) 102
Sub-Clause 14.14 (Cessation of Employer’s Liability) 103
Sub-Clause 14.15 (Currencies of Payment) 103
Clause 15: (Termination by the Employer) 104
Sub-Clause 15.1 (Notice to Correct) 104
Sub-Clause 15.2 (Termination by the Employer) 104
Sub-Clause 15.3 (Valuation at Date of Termination) 105
Sub-Clause 15.4 (Payment after Termination) 105
Sub-Clause 15.5 (Employer’s Entitlement to Termination for Convenience) 106
Sub-Clause 15.6 (Corrupt of Fraudulent Practices) 106
Clause 16: (Suspension and Termination by Contractor) 107
Sub-Clause 16.1 (Contractor’s Entitlement to Suspend the Works) 107
Sub-Clause 16.2 (Termination by the Contractor) 107
Sub-Clause 16.3 (Cessation of Work and Removal of Contractor’s Equipment) 108
Sub-Clause 16.4 (Payment on Termination) 108
Clause 17: (Risks and Responsibility) 109
Sub-Clause 17.1 (Indemnities) 109
Sub-Clause 17.2 (Contractor’s Care of the Works) 109
Sub-Clause 17.3 (Employer’s Risks) 110
Sub-Clause 17.4 (Consequences of Employer’s Risks) 110
Sub-Clause 17.5 (Intellectual and Industrial Property Rights) 111
Sub-Clause 17.6 (Limitation of Liability) 111
Sub-Clause 17.7 (Use of Employer’s Accommodation/Facilities) 112
Clause 18: (Insurance) 112
Sub-Clause 18.1 (General Requirement for Insurance) 112
Sub-Clause 18.2 (Insurance for Works and Contractor’s Equipment) 113
Sub-Clause 18.3 (Insurance Against Injury to Persons and Damage to Property) 113
Sub-Clause 18.4 (Insurance for Contractor’s Personnel) 114
Clause 19: (Force Majeure) 114
Sub-Clause 19.1 (Definitions of Force Majeure) 114
Sub-Clause 19.2 (Notice of Force Majeure) 115
Sub-Clause 19.3 (Duty to Minimise Delay) 115
Sub-Clause 19.4 (Consequences of Force Majeure) 116
Sub-Clause 19.5 (Force Majeure Affecting a Subcontractor) 116
Sub-Clause 19.6 (Optional Termination, Payment and Release) 117
Sub-Clause 19.7 (Release from Performance under the Law) 117
Clause 20: (Claims, Disputes and Arbitration) 118
Sub-Clause 20.1 (Contractor’s Claims) 118
Sub-Clause 20.2 (Appointment of the Dispute Adjudication Board) 118
Sub-Clause 20.3 (Failure to Agree Dispute Adjudication Board) 119
Sub-Clause 20.4 (Obtaining the Dispute Adjudication Board’s Decision) 119
Sub-Clause 20.5 (Amicable Settlement) 120
Sub-Clause 20.6 (Arbitration) 120
Sub-Clause 20.7 (Failure to Comply with Dispute Adjudication Board’s Decision) 121
Sub-Clause 20.8 (Expiry of Dispute Adjudication Board’s Appointment) 121