FIDIC Quick Reference Guide Yellow 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) 11
Sub-Clause 1.1.4 (Money and Payments) 16
Sub-Clause 1.1.5 (Works and Goods) 22
Sub-Clause 1.1.6 (Other Definitions) 26
Sub-Clause 1.2 (Interpretation) 30
Sub-Clause 1.3 (Communications) 31
Sub-Clause 1.4 (Law and Language) 31
Sub-Clause 1.5 (Priority of Documents) 32
Sub-Clause 1.6 (Contract Agreement) 32
Sub-Clause 1.7 (Assignment) 33
Sub-Clause 1.8 (Care and Supply of Documents) 33
Sub-Clause 1.9 (Errors in the Employer’s Requirements) 34
Sub-Clause 1.10 (Employer’s use of Contractor’s Documents) 34
Sub-Clause 1.11 (Contractor’s use of Employer’s Documents) 35
Sub-Clause 1.12 (Confidential Details) 35
Sub-Clause 1.13 (Compliance with Laws) 36
Sub-Clause 1.14 (Joint and Several Liability) 36
Clause 2: (The Employer) 37
Sub-Clause 2.1 (Right of Access to the Site) 37
Sub-Clause 2.2 (Permits, Licences and Approvals) 37
Sub-Clause 2.3 (Employer’s Personnel) 38
Sub-Clause 2.4 (Employer’s Financial Arrangements) 38
Sub-Clause 2.5 (Employer’s Claims) 39
Clause 3: (The Engineer) 40
Sub-Clause 3.1 (Engineer’s Duties and Authority) 40
Sub-Clause 3.2 (Delegation by the Engineer) 41
Sub-Clause 3.3 (Instructions of the Engineer) 41
Sub-Clause 3.4 (Replacement of the Engineer) 42
Sub-Clause 3.5 (Determinations) 42
Clause 4: (The Contractor) 43
Sub-Clause 4.1 (Contractor’s General Obligations 43
Sub-Clause 4.2 (Performance Security) 44
Sub-Clause 4.3 (Contractor’s Representative) 44
Sub-Clause 4.4 (Subcontractors) 45
Sub-Clause 4.5 (Nominated Subcontractors) 45
Sub-Clause 4.6 (Co-operation) 46
Sub-Clause 4.7 (Setting out) 46
Sub-Clause 4.8 (Safety Procedures) 47
Sub-Clause 4.9 (Quality Assurance) 47
Sub-Clause 4.10 (Site Data) 48
Sub-Clause 4.11 (Sufficiency of the Accepted Contract Amount) 48
Sub-Clause 4.12 (Unforeseen Physical Conditions) 49
Sub-Clause 4.13 (Rights of Way and Facilities) 49
Sub-Clause 4.14 (Avoidance of Interference) 50
Sub-Clause 4.15 (Access Route) 50
Sub-Clause 4.16 (Transport of Goods) 51
Sub-Clause 4.17 (Contractor’s Equipment) 51
Sub-Clause 4.18 (Protection of the Environment) 52
Sub-Clause 4.19 (Electricity, Water and Gas) 52
Sub-Clause 4.20 (Employer’s Equipment and Free-Issue Material) 53
Sub-Clause 4.21 (Progress Reports) 53
Sub-Clause 4.22 (Security of the Site) 54
Sub-Clause 4.23 (Contractor’s Operations on Site) 54
Sub-Clause 4.24 (Fossils) 55
Clause 5: (Design) 55
Sub-Clause 5.1 (General Design Obligations) 55
Sub-Clause 5.2 (Contractor’s Documents) 56
Sub-Clause 5.3 (Contractor’s Undertaking) 56
Sub-Clause 5.4 (Technical Standards and Regulations) 57
Sub-Clause 5.5 (Training) 57
Sub-Clause 5.6 (As-Built Documents) 58
Sub-Clause 5.7 (Operation and Maintenance Manuals) 58
Sub-Clause 5.8 (Design Error) 59
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) 60
Sub-Clause 6.3 (Persons in the Service of the Employer) 60
Sub-Clause 6.4 (Labour Laws) 61
Sub-Clause 6.5 (Working Hours) 61
Sub-Clause 6.6 (Facilities for Staff and Labour) 62
Sub-Clause 6.7 (Health and Safety) 62
Sub-Clause 6.8 (Contractor’s Superintendence) 63
Sub-Clause 6.9 (Contractor’s Personnel) 63
Sub-Clause 6.10 (Records of Contractor’s Personnel and Equipment) 64
Sub-Clause 6.11 (Disorderly Conduct) 64
Clause 7: (Plant, Materials and Workmanship) 65
Sub-Clause 7.1 (Manner of Execution) 65
Sub-Clause 7.2 (Samples) 65
Sub-Clause 7.3 (Inspection) 66
Sub-Clause 7.4 (Testing) 66
Sub-Clause 7.5 (Rejection) 67
Sub-Clause 7.6 (Remedial Work) 67
Sub-Clause 7.7 (Ownership of Plant and Materials) 68
Sub-Clause 7.8 (Royalties) 68
Clause 8: (Commencement, Delays and Suspension) 69
Sub-Clause 8.1 (Commencement of Works) 69
Sub-Clause 8.2 (Time for Completion) 69
Sub-Clause 8.3 (Programme) 70
Sub-Clause 8.4 (Extension of Time for Completion) 70
Sub-Clause 8.5 (Delays caused by Authorities) 71
Sub-Clause 8.6 (Rate of Progress) 71
Sub-Clause 8.7 (Delay Damages) 72
Sub-Clause 8.8 (Suspension of Work) 72
Sub-Clause 8.9 (Consequences of Suspension) 73
Sub-Clause 8.10 (Payment for Plant and Material in Event of Suspension) 73
Sub-Clause 8.11 (Prolonged Suspension) 74
Sub-Clause 8.12 (Resumption of Work) 74
Clause 9: (Tests on Completion) 75
Sub-Clause 9.1 (Contractor’s Obligations) 75
Sub-Clause 9.2 (Delayed Tests) 75
Sub-Clause 9.3 (Re-testing) 76
Sub-Clause 9.4 (Failure to Pass Tests on Completion) 76
Clause 10: (Employer’s Taking Over) 77
Sub-Clause 10.1 (Taking Over of the Works and Sections) 77
Sub-Clause 10.2 (Taking Over of Parts of the Works) 77
Sub-Clause 10.3 (Interference with Tests on Completion) 78
Sub-Clause 10.4 (Surfaces Requiring Reinstatement) 78
Clause 11: (Defects Liability) 79
Sub-Clause 11.1 (Completions of Outstanding Work and Remedying of Defects) 79
Sub-Clause 11.2 (Costs of Remedying Defects) 79
Sub-Clause 11.3 (Extension of Defects Notification Period) 80
Sub-Clause 11.4 (Failure to Remedy Defects) 80
Sub-Clause 11.5 (Removal of Defective Work) 81
Sub-Clause 11.6 (Further Tests) 81
Sub-Clause 11.7 (Right of Access) 82
Sub-Clause 11.8 (Contractor to Search) 82
Sub-Clause 11.9 (Performance Certificate) 83
Sub-Clause 11.10 (Unfulfilled Obligations) 83
Sub-Clause 11.11 (Clearance of Site) 84
Clause 12: (Tests after Completion) 84
Sub-Clause 12.1 (Procedures for Tests after Completion) 84
Sub-Clause 12.2 (Delayed Tests) 85
Sub-Clause 12.3 (Re-testing) 85
Sub-Clause 12.4 (Failure to Pass Tests after Completion) 86
Clause 13: (Variations and Adjustments) 86
Sub-Clause 13.1 (Right to Vary) 86
Sub-Clause 13.2 (Value Engineering) 87
Sub-Clause 13.3 (Variation Procedure) 87
Sub-Clause 13.4 (Payment in Applicable Currencies) 88
Sub-Clause 13.5 (Provisional Sums) 88
Sub-Clause 13.6 (Daywork) 89
Sub-Clause 13.7 (Adjustments for Changes in Legislation) 89
Sub-Clause 13.8 (Adjustments for Changes in Costs) 90
Clause 14: (Contract Price and Payment) 90
Sub-Clause 14.1 (The Contract Price) 90
Sub-Clause 14.2 (Advance Payment) 91
Sub-Clause 14.3 (Application for Interim Payment Certificates) 91
Sub-Clause 14.4 (Schedule of Payments) 92
Sub-Clause 14.5 (Plant and Materials intended for the Works) 92
Sub-Clause 14.6 (Issue of Interim Payment Certificates 93
Sub-Clause 14.7 (Payment) 93
Sub-Clause 14.8 (Delayed Payment) 94
Sub-Clause 14.9 (Payment of Retention Money) 94
Sub-Clause 14.10 (Statement at Completion) 95
Sub-Clause 14.11 (Application for Final Payment Certificate) 95
Sub-Clause 14.12 (Discharge) 96
Sub-Clause 14.13 (Issue of Final Payment Certificate) 96
Sub-Clause 14.14 (Cessation of Employer’s Liability) 97
Sub-Clause 14.15 (Currencies of Payment) 97
Clause 15: (Termination by the Employer) 98
Sub-Clause 15.1 (Notice to Correct) 98
Sub-Clause 15.2 (Termination by the Employer) 98
Sub-Clause 15.3 (Valuation at Date of Termination) 99
Sub-Clause 15.4 (Payment after Termination) 99
Sub-Clause 15.5 (Employer’s Entitlement to Termination) 100
Clause 16 (Suspension and Termination by Contractor) 100
Sub-Clause 16.1 (Contractor’s Entitlement to Suspend Work 100
Sub-Clause 16.2 (Termination by Contractor) 101
Sub-Clause 16.3 (Cessation of Work and Removal of Contractor’s Equipment) 101
Sub-Clause 16.4 (Payment on Termination) 102
Clause 17: (Risk and Responsibility) 102
Sub-Clause 17.1 (Indemnities) 102
Sub-Clause 17.2 (Contractor’s Care of the Works0 103
Sub-Clause 17.3 (Employer’s Risks) 103
Sub-Clause 17.4 (Consequences of Employer’s Risks) 104
Sub-Clause 17.5 (Intellectual and Industrial Property Rights) 104
Sub-Clause 17.6 (Limitation of Liability) 105
Clause 18: (Insurance) 105
Sub-Clause 18.1 (General Requirements for Insurances) 105
Sub-Clause 18.2 (Insurance for Works and Contractor’s Equipment) 106
Sub-Clause 18.3 (Insurance against injury to Persons and Damage to Property) 106
Sub-Clause 18.4 (Insurance for Contractor’s Personnel) 107
Clause 19: (Force Majeure) 107
Sub-Clause 19.1 (Definition of Force Majeure) 107
Sub-Clause 19.2 (Notice of Force Majeure) 108
Sub-Clause 19.3 (Duty of Minimise Delay) 108
Sub-Clause 19.4 (Consequences of Force Majeure) 109
Sub-Clause 19.5 (Force Majeure Affecting a Subcontractor) 109
Sub-Clause 19.6 (Optional Termination, Payment and Release) 110
Sub-Clause 19.7 (Release from Performance under the law) 110
Clause 20: (Claims, Disputes and Arbitration) 111
Sub-Clause 20.1 (Contractor’s Claims) 111
Sub-Clause 20.2 (Appointment of the Dispute Adjudication Board) 111
Sub-Clause 20.3 (Failure to Agree Dispute Adjudication Board) 112
Sub-Clause 20.4 (Obtaining the Dispute Board’s Decision) 112
Sub-Clause 20.5 (Amicable Settlement) 113
Sub-Clause 20.6 (Arbitration) 113
Sub-Clause 20.7 (Failure to Comply with Dispute Adjudication Board’s Decision) 114
Sub-Clause 20.8 (Expiry of Dispute Board’s Appointment 114