FIDIC Contract 100 Q&A Summary
Q1: What does FIDIC stand for?
A: International Federation of Consulting Engineers.
Q2: What is the FIDIC Red Book used for?
A: For building and engineering works designed by the Employer.
Q3: What does the Yellow Book refer to?
A: Design and Build contracts where the contractor designs the works.
Q4: What is the Silver Book used for?
A: EPC/Turnkey projects where the contractor assumes most risk.
Q5: What is Clause 20 about?
A: Claims, disputes, and arbitration.
Q6: What is meant by Commencement Date?
A: The date the contractor is instructed to start work.
Q7: What is Time for Completion?
A: The period in which the contractor must complete the works.
Q8: What is an Engineer’s role in FIDIC?
A: Administer the contract and act impartially.
Q9: What is an Interim Payment Certificate (IPC)?
A: Certificate by the Engineer to release periodic payments.
Q10: What is a Performance Certificate?
A: Issued after the Defects Notification Period, marking contract completion.
Q11: What is the time limit for notifying a claim under Clause 20?
A: 28 days from the event giving rise to the claim.
Q12: What happens if the contractor fails to notify within 28 days?
A: The claim may be time-barred unless the delay is justified.
Hafees Mohamed - Quantity Surveyor | Estimation Specialist | HND in Civil
Engineering (UK)
Q13: Who controls the use of the Provisional Sum?
A: The Engineer.
Q14: What is meant by “Unforeseeable”?
A: Conditions which could not have been foreseen by an experienced contractor.
Q15: What is a Cost Plus Contract?
A: Payment is based on actual cost plus a fee.
Q16: Are FIDIC contracts cost plus?
A: Not necessarily — they are generally lump sum or remeasurement contracts.
Q17: What is Force Majeure under FIDIC 1999?
A: Unforeseen events beyond control of the parties affecting contract
performance.
Q18: What replaced Force Majeure in FIDIC 2017?
A: “Exceptional Events”.
Q19: Is a pandemic considered Force Majeure or Exceptional Event?
A: Yes, if it meets the definition under FIDIC.
Q20: What is the Final Payment Certificate?
A: A statement of account at the end of the contract showing the final amount
due.
Q21: What is Performance Security?
A: A guarantee provided by the contractor to secure performance obligations.
Q22: What is the Green Book in FIDIC?
A: A short form contract for simple or small projects.
Q23: What are Particular Conditions?
A: Contract-specific modifications to General Conditions.
Q24: When is Retention released?
A: Usually after Taking Over; balance released after Defects Notification Period.
Q25: What is the typical value of Performance Security?
A: Usually 10% of the Contract Price.
Hafees Mohamed - Quantity Surveyor | Estimation Specialist | HND in Civil
Engineering (UK)
Q26: What triggers the Commencement Date?
A: Engineer’s notice after contract signing and conditions precedent are met.
Q27: What is the Defects Notification Period (DNP)?
A: A period (usually 1 year) after Taking Over for the contractor to fix defects.
Q28: What is Taking Over?
A: The stage when the Employer formally accepts the works from the contractor.
Q29: Who issues the Taking Over Certificate?
A: The Engineer.
Q30: What is Suspension of Work?
A: Temporary halting of work, usually instructed by the Engineer.
Q31: What is the Defects Notification Period (DNP)?
A: A period (usually 1 year) after Taking Over for the contractor to fix defects.
Q32: What is Taking Over?
A: The stage when the Employer formally accepts the works from the contractor.
Q33: Who issues the Taking Over Certificate?
A: The Engineer.
Q34: What is Suspension of Work?
A: Temporary halting of work, usually instructed by the Engineer.
Q35: Can the contractor suspend work?
A: Yes, under Clause 16 (e.g., for non-payment).
Q36: What is the difference between Suspension and Termination?
A: Suspension is temporary; termination ends the contract.
Q37: Who may terminate the contract?
A: Both the Employer and Contractor, under specific conditions.
Q38: What is the Employer’s right to terminate?
A: For convenience, contractor’s default, or prolonged suspension.
Q39: What clause allows the Employer to terminate for convenience?
A: Clause 15.5.
Hafees Mohamed - Quantity Surveyor | Estimation Specialist | HND in Civil
Engineering (UK)
Q40: What is the contractor's right to terminate?
A: For prolonged non-payment or Employer’s serious breach (Clause 16.2).
Q41: What is meant by EOT (Extension of Time)?
A: Additional time granted to complete the works due to delays beyond the
contractor's control.
Q42: What are common causes of EOT?
A: Variations, delays in drawings, force majeure, late site access, etc.
Q43: What is meant by BOQ?
A: Bill of Quantities – detailed document listing items of work and quantities.
Q44: What is Dayworks?
A: Payment for work on a time and material basis, typically instructed by
Engineer.
Q45: What is meant by a Claim?
A: A formal request by a party for additional payment or time under the
contract.
Q46: How are claims evaluated?
A: By the Engineer, based on substantiation and contract terms.
Q47: What is Adjudication?
A: A dispute resolution process under FIDIC Clause 20 using a Dispute
Adjudication/Avoidance Board.
Q48: Is Adjudication binding?
A: It is binding unless and until revised by arbitration.
Q49: What is Arbitration?
A: A formal legal process for dispute resolution if adjudication fails.
Q50: What is the typical dispute resolution route under FIDIC?
A: Engineer’s Decision → DAAB → Arbitration.
Q51: What is a Variation under FIDIC?
A: Any change to the Works, including addition, omission, or modification,
instructed by the Engineer.
Hafees Mohamed - Quantity Surveyor | Estimation Specialist | HND in Civil
Engineering (UK)
Q52: Can the Contractor propose a Variation?
A: Yes, for value engineering or technical improvements (Clause 13.2).
Q53: How is a Variation valued?
A: Using BOQ rates, derived rates, or dayworks, as per Clause 12.3.
Q54: What is the procedure for initiating a Variation?
A: Engineer issues instruction → Contractor responds with valuation and time
impact → Engineer certifies.
Q55: What is the purpose of the Performance Security?
A: To secure contractor's performance obligations, typically in the form of a
bank guarantee.
Q56: When can the Performance Security be released?
A: After issue of the Performance Certificate or as per contract terms.
Q57: What is the difference between Retention and Performance Security?
A: Retention is money withheld from payments; Performance Security is a
guarantee provided upfront.
Q58: What is the Advance Payment?
A: Payment made to the contractor in advance for mobilization and early
expenses.
Q59: How is Advance Payment recovered?
A: Through deductions from interim payments as per the recovery schedule.
Q60: What security is required for Advance Payment?
A: An Advance Payment Guarantee, typically from a bank.
Q61: What does Clause 20.1 require for Claims?
A: Contractor must give notice within 28 days of becoming aware of the event.
Q62: What happens if a claim notice is late?
A: The claim may be rejected as “time-barred.”
Q63: What are the time frames for submitting full claim details?
A: Within 42 days of the event or as agreed with the Engineer.
Q64: Can claims be for both time and money?
A: Yes – examples include variations, delays, unforeseen conditions, etc.
Hafees Mohamed - Quantity Surveyor | Estimation Specialist | HND in Civil
Engineering (UK)
Q65: What is Force Majeure under FIDIC?
A: Events beyond control (e.g., war, natural disasters) that prevent performance.
Q66: What is the effect of Force Majeure?
A: Entitlement to EOT and possibly cost, depending on the situation.
Q67: What is meant by Suspension by Engineer?
A: Engineer can suspend work for reasons such as safety, errors, or Employer
instructions.
Q68: Is the Contractor entitled to compensation for Suspension?
A: Yes, if the suspension is not due to contractor fault (Clause 8.9).
Q69: What is a Taking Over Certificate (TOC)?
A: Issued when the works are complete and ready for use.
Q70: What happens after Taking Over?
A: DNP begins; contractor remains liable to fix defects during this period.
Q71: What is the role of the Engineer under FIDIC?
A: Acts on behalf of the Employer, supervises the works, and makes fair
decisions.
Q72: Can the Engineer act independently?
A: Yes – especially in certifying payments, assessing claims, and resolving
disputes fairly.
Q73: What is the role of the Employer?
A: Provides site access, pays the contractor, appoints Engineer, and approves
variations.
Q74: What is the Engineer’s Instruction (EI)?
A: Formal instruction issued by Engineer for variations or clarifications.
Q75: How should a Contractor respond to an Engineer’s Instruction?
A: By acknowledging, evaluating time/cost impact, and complying.
Q76: What is the Interim Payment Certificate (IPC)?
A: Monthly certification by Engineer of amounts due for executed work.
Q77: How often are Interim Payments made?
A: Typically monthly, depending on contract terms.
Hafees Mohamed - Quantity Surveyor | Estimation Specialist | HND in Civil
Engineering (UK)
Q78: What is the Final Payment Certificate?
A: Issued after Defects Notification Period and settlement of all claims.
Q79: What is a Schedule of Payments?
A: A breakdown of payments linked to milestones or percentages of completion.
Q80: What is a Program of Works?
A: Contractor’s schedule showing planned progress, sequence, and timeframes.
Q81: Is submission of a Program mandatory?
A: Yes – required shortly after Commencement Date (Clause 8.3).
Q82: What is Liquidated Damages (LD)?
A: Pre-agreed amount deducted for delays beyond completion date.
Q83: Is LD the same as penalty?
A: No – LD is enforceable under law; penalty may not be.
Q84: Can the Contractor dispute LD?
A: Yes, if delay was excusable or LD amount is unreasonable.
Q85: What is Clause 20 related to?
A: Claims, Disputes, and Arbitration.
Q86: What is the DAB/DAAB?
A: Dispute Adjudication/Avoidance Board – resolves disputes before arbitration.
Q87: Is the DAB decision binding?
A: Yes, unless revised in arbitration.
Q88: What is a Notice of Dissatisfaction (NOD)?
A: A party’s objection to DAB’s decision; must be issued within 28 days.
Q89: What happens if no NOD is issued?
A: DAB decision becomes final and binding.
Q90: What is the Arbitration Clause under FIDIC?
A: Clause 20.6 – refers disputes to final settlement via arbitration.
Q91: What is the Red Book used for?
A: Building and engineering works designed by the Employer.
Hafees Mohamed - Quantity Surveyor | Estimation Specialist | HND in Civil
Engineering (UK)
Q92: What is the Yellow Book used for?
A: Design and Build contracts where Contractor does the design.
Q93: What is the Silver Book used for?
A: EPC/Turnkey projects – Contractor assumes most risk.
Q94: What is the Green Book used for?
A: Small-scale/simple projects (Short Form of Contract).
Q95: What is the Pink Book used for?
A: MDB harmonized version of Red Book (used by development banks).
Q96: What is the Gold Book used for?
A: Design-Build-Operate contracts with long-term maintenance.
Q97: What is the role of the BOQ in payments?
A: Serves as the basis for measurement and payment.
Q98: What are Conditions of Particular Application (COPA)?
A: Custom amendments to General Conditions.
Q99: What are General Conditions?
A: Standard clauses applicable to all FIDIC contracts.
Q100: What is the best way to manage FIDIC contracts?
A: Timely notifications, clear documentation, understanding roles, and proactive
communication.
Reference Note
This document has been prepared based on practical insights from:
• FIDIC Contract Conditions (Red, Yellow, and Silver Books – 1999 & 2017 Editions)
• Pragmatic Project Consilium resources and project management practices
• Real-world contract administration and dispute resolution experience in the GCC
region
Special thanks to industry-standard references and expert summaries provided by
Pragmatic Project Consilium, known for its clear, structured, and field-tested project
advisory content.
Hafees Mohamed - Quantity Surveyor | Estimation Specialist | HND in Civil
Engineering (UK)
