Administration of a
FIDIC Contract
- Project Control Tools -
1
Project Control Tools
- Main Instruments -
Notices
Instructions
Reports
Records
Certificates
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Notices
Clause 1.3 - Communications
This Sub-Clause applies to all communications including
notices, which must be:
In writing, and delivered by hand (against receipt), sent
by mail or courier, or agreed electronic transmission
Delivered, sent or transmitted, to address for recipient’s
communication, as stated in the Appendix to Tender or
otherwise advised by notice
Approvals, certificates, consents, and determinations, shall
not be unreasonably withheld or delayed
When a notice is issued to a Party, or the Engineer, a copy
shall be sent to the Engineer or the other Party, as the case
may be
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Instructions
Clause 1.9 - Delayed Drawings and Instructions
The Contractor shall give notice to the Engineer whenever
the works are likely to be delayed, or disputed if any
necessary drawing or instruction is not issued
Time for issuance to be reasonable
Notice must provide details, and likely amount of delay
If Engineer fails to comply, then the Contractor, subject to
Sub-Clause 20.1, may be entitled to time and costs
Should Contractor have caused Engineer’s failure, due to
error or delay in provision of Contractor’s Documents, then
entitlement amended to take account
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Instructions
Clause 3.3 - Instructions of the Engineer
The Engineer may issue instructions
The Contractor shall only take instructions from the
Engineer, or from an assistant with appropriate authority
Instructions to be in writing, but if given orally, to be
confirmed in writing within 2 days (Contractor advised to
have “Confirmation of Instructions” forms to respond to
oral instructions)
Confirmation applied to Red Book only
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Reports
Clause 4.21 – Progress Reports
Unless otherwise stated in the Particular Conditions,
monthly Progress Reports shall be prepared by the
Contractor and submitted to the Engineer in six copies
The first Report shall cover the period to the end of the
first calendar month following the Commencement Date
Reports must be submitted within 7 days after the last day
of the period to which it relates
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Reports - Content
Charts and detailed description of progress, including each
stage of design (if required by the Contractor),
Contractor’s Documents, procurement, manufacture,
delivery to site, construction, erection and testing
This also applies for works undertaken by each nominated
sub-contractor (if any)
Comparisons of actual progress, with details of any events
or circumstances that may jeopardise the completion in
accordance with the contract, and the measures being (or
to be) adopted to overcome delays
Photographs showing the status of manufacture and of
progress on the Site
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Reports - Content
For the manufacture of each main item of Plant and
Materials: the name of the manufacturer, manufacturing
location, percentage progress and actual or expected dates of:
i) Commencement of manufacture
ii) Contractor’s inspection
iii) Tests, and
iv) Shipment and arrival at the Site
The Engineer and Contractor should determine, after the
Commencement Date, which items of Plant and Materials are
regarded as “main”, to avoid misunderstanding
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Reports - Content
Details of Contractor’s Personnel and Equipment as set out
in Sub-Clause 6.10, which requires details showing:
i) the number of each class of Contractor’s Personnel
ii) the number of each type of Contractor’s Equipment
These Records are to be maintained until the Contractor has
completed all work that is known to be outstanding at the
Completion Date, stated in the Taking-Over Certificate for
the Works – Clause 10
Copies of Quality Assurance Documents, test results, and
certificates of materials
Note that Sub-Clause 4.9 relates to Quality Assurance
Systems, which will be Contractor’s, unless specific
requirements are stated in the Particular Conditions
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Reports - Content
Safety statistics, including details of any hazardous incidents
and activities relating to environmental aspects and public
relations
List of notices given under Sub-Clause 2.5 which is
Employer’s Claims
This Sub-Clause requires the Employer to provide a notice
“as soon as practicable” of any event or circumstance, giving
rise to a claim against the Contractor
List of notices given under Sub-Clause 20.1 - Contractor’s
Claims, which requires the Contractor to give notice also “as
soon as practicable” but within a time limit of “28 days after
the Contractor became aware, or should have became aware,
of the event or circumstance” giving rise of any claim for
time money in connection with the Contract
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Records
Sub-Clause 6.7 – The Contractor shall maintain Records
and make Reports concerning health, safety, and welfare of
persons, and damage to property as the Engineer may
reasonably require
Sub-Clause 6.10 – Records of Contractor’s Personnel and
Equipment (covered also under Progress Report)
Sub-Clause 12.1 – Works to be Measured
Wherever any Permanent Works are to be measured from
records, these shall be prepared by the Engineer
The Contractor to examine and agree records but Sub-
Clause gives procedure in case of disagreement
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Records
Clause 20.1 – Contractor’s Claims
Should the Contractor give notice of any claim then it
should be given under this clause, which sets out a
procedure for keeping “contemporary records”
These are produced by the Contractor to substantiate the
claim
The Engineer, without admitting the Employer’s liability,
may, after receiving any such notice, monitor the record-
keeping and/or instruct the Contractor to keep further
contemporary records
Records are to be kept at location acceptable to the
Engineer
The Engineer can inspect all records and be given copies if
instructed 12
Certificates
Clause 14 - Contract Price and Payment
Sub-Clause 14.3 - Application for Interim Payment Certificates
The Contractor shall submit a Statement in 6 copies to the
Engineer after the end of each month
The form of the Statement, must be approved by the
Engineer
The monthly progress report must be included with the
Statement, otherwise Statement can be rejected
Sub-Clause 14.6 Issue of Interim Payment Certificate
The Engineer shall, within 28 days after receiving the
Statement, issue to the Employer an Interim Payment
Certificate, stating the amount the Engineer fairly determines
to be due 13
Certificates
Clause10 – Employer’s Taking Over
The Contractor may apply by notice to the Engineer for a Taking-
Over Certificate not earlier than 14 days before the Works will, in
the Contractor’s opinion, be completed
The Engineer shall within 28 days either:
issue the Taking-Over Certificate stating the date on which the
Works are completed, except for minor outstanding work,
or
reply giving reasons and work required to be done before
issuance of Taking-Over Certificate
If Engineer fails to act as above the Taking-Over Certificate shall
be deemed to be issued on date 28 days after application
Sub-Clause 10.2 - Allows for taking over of parts of the Works
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Certificates
Clause11 – Defects Liability &
Sub-Clause 11.9 Performance Certificate
The Engineer shall issue the Performance Certificate within
28 days after the latest of the expiry dates of the Defects
Notification periods and supply of all Contractor’s
Documents and completion of all tests including defects
A copy of the Performance Certificate is issued to the
Employer
Only the Performance Certificate shall be deemed to
constitute acceptance of the Works
The Performance Security shall be returned within 21 days by
the Employer to the Contractor after receipt the Performance
Certificate
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Certificates
Final Payment Certificate
Sub-Clause 14.11 - Application for Final Payment Certificate
Within 56 days after receiving the Performance Certificate, the
Contractor shall submit to the Engineer, 6 copies of a Draft
Statement
Engineer assesses and may reasonably require further
information and make changes to the draft, by agreement
Procedure also available in case agreement is not reached
Sub-Clause 14.13 – Issue of Final Payment Certificate
Within 28 days after receiving the Final Statement and written
Discharge (Sub-Clause 14.12) the Engineer shall issue the Final
Payment Certificate 16
