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I Sequence of Principal Events During Contracts for Construction
1 The Time for Completion is to be stated (in the Contract Data) as a number of days, to which is added any
extensions of time under Sub-Clause 8.5
2. In order to indicate the sequence of events, the above diagram is based upon the example of the Contractor
failing to comply with Sub-Clause 8.2
8 The Defects Notification Period is to be stated (in the Contract Data) as a number of days, to which is added,
any extensions under Sub-Clause 11.3.
4 Depending on the type of Works, Tests after Completion may also be required.
1.124 11.9 tseue of
Dato of Performance
[Comploton —Contitcata
Dafocts
8.2 Time for Notification
‘Completion’ Porios?
Delay
attibutable
tothe.
Contractor
4.2.1 Delvary ofthe 8. Tests on
Partormance Socurty ‘Completion*
Tender
period
4.2.3 Retun of
tho Perrmance
Security (subject
Sulb-Clause 11.11}
ric 2017‘Typical Sequence of Payment Events Envisaged in Clause 14
143, 14.8.1 Engineer [14.6 Enginesr 14.7 Employer maxes
recoves Contractors [issues Inorm ‘he payment tothe
Slatament and Payment Ceriicate | Contractor
‘Supootting documents
Each of the 56d
‘monthly (or
otherwise)
interim
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The final Engineer vers the
statemant Contractor
Baymont submits information
14.11.1 Contractor 1411.2 Contractor submits |14.13 Engineor issues 14.7 Employer
submits drat final Final Statomant andthe [Final Payment ‘makes payment
Statement tothe Engineer '14.12 discharge Cottoate
‘Typical Sequence of Dispute Events Envisaged in Clause 21
21.1 Parties 21.4.5 A Party refers 216 APary
‘appoint the the Dispute to the ‘may intiate
DARE. DAAB arbitration
Parties present 21.8 Amicable
submissions to the OAAB. settlement
1 oto nib eis Nei lst -NOT FOR CONTRACT USE AND NOT PRINTABLE ORIGINAL FOR SLE AT wam iio
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its daesion
+ If not stated otherwise in the Contract Data (Sub-Clause 21.1)
rine 2017‘Typical Sequence of Events
Scenario 1!
Engineer stats Parties’ agtooment
performing duties [Sub-Clause 37.1
‘Sub-Clauso 3.7,
[Engineer's Notice
CConeuttations
Sub-Clause 3.7.3
fl) orf)
Scenario 2*
[Engineer starts Parties advise the
performing duties [Enanger no agreement
Sub-Clause 3.7, 'Sub-Clause 3.7.1(0)
Consuttations Period for making Enginea's
‘etermntaion
|sub-clause 3.7.3
al 0) or)
‘Scenario 3°
[Engineor starts [No agreement
performing duttos Joatwaon tha Patios
Sub-Clause 3.7 ‘Sub-Cleuse 3.7.11)
‘Consultations Period for making Enginea's
atermintaion
Notice of eror by
fa Pary/Engincer
‘Sub-Clause 3.7.4
lEnginee's Notice of,
corected agiooment
Sub-Ciause 3.7.4
Notice
[Engineer's Notice
lof determination
Sub-Clauso 3.7.2
[Enginee’s Notoe
lof determination
Sub-Cluse 3.7.2
Note of eror by
a Pariy/enginest
Sub-Clause 3.7.4
Agreement or Determination under Sub-Clause 3.7
ot
Dissatsfaction
Sub-Clause 3.7.5
Engineer's Notice
of eoroctad
‘dotermnation
‘Sub-Chuso 3.7.4
Notice of
Dissatisaction
‘Sub-Chuse 3.7.5
Sub-Clause 3.7.3,
Ka} orf}
1 ‘Agreement is reached within 42 days, error found in the Engineer's Notice of agreement and conected,
2. The Parties’ early advice that agreement cannot be reached and so Engineer's determination is necessary,
1o error in Engineer's determination.
8 Noagreoment within 42 days, Enginer determines within 42 days, error found.in the Engineer's determination
and corrected,
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FIDIC® Conditions of Contract for
CONSTRUCTION
GENERAL CONDITIONS
GUIDANCE FOR THE
PREPARATION OF
PARTICULAR CONDITIONS
AND ANNEXES: FORMS
OF SECURITIES,
FORMS OF LETTER OF
TENDER, LETTER OF
ACCEPTANCE, CONTRACT
AGREEMENT AND
FOR BUILDING AND ENGINEERING WORKS _ DISPUTE ADJUDICATION/
DESIGNED BY THE EMPLOYER:
General Conditions
FEDERATION INTERNATIONALE DES INGENIEURS-CONSELS
INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS:
INTERNATIONALE VERENGUNG ERATENDER INGENIEURE
FEDERACION INTERNACIONAL DE INGENIEROS CONSULTORES
AVOIDANCE AGREEMENT
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General Conditions
CONTENTS
GENERAL PROVISIONS ..
4.1. Definitions
4.2 Interpretation
1.8 Notices and Other Communications
1.4 Lawand Language
1.5 Priority of Documents
1.6 Contract Agreement
1.7 Assignment
4.8 Care and Supply of Documents
1.9 Delayed Drawings or Instructions
1.10 Employer's Use of Contractor's Documents,
1.11 Contractor's Use of Employer's Documents
4.12 Confidentiality
4.48 Compliance with Laws
1.14 Joint and Several Liability
1.15. Limitation of Liability
1.16 Contract Termination
2 THE EMPLOYER,
2.1. Right of Access to the Site
2.2 Assistance
2.8 Employer's Personnel and Other Contractors
2.4 Employer's Financial Arrangements
25 Site Data and items of Reference
2.6 — Employer-Sunolied Materials and Employer's Equipment
3 THEENGINEER ..
3.1. The Engineer
3.2. Engineer's Duties and Authority
3.8 The Engineers Representative
3.4 Delegation by the Engineer[oe
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26
37
38
44
42
43
44
45
46
47
48
49
4.10
an
412
418
414
415
4.16
447
448
419
4.20
421
4.22
428
54
582
64
62
68
64
65
66
67
68
69
6.10
Engineer's Instructions
Replacement of the Engineer
‘Agreement or Determination
Meetings
THE CONTRACTOR. .
Contractor's General Obligations
Performance Security
Contractor's Representative
Contractor's Documents
Training
Co-operation
Setting Out
Health and Safely Obligations
Quality Management and Compliance Verification Systems
Use of Site Data
Sufficiency of the Accepted Contract Amount
Unforeseeable Physical Conditions
Rights of Way and Facilities
Avoidance of Interference
Access Route
Transport of Goods
Contractor's Equipment
Protection of the Environment
Temporary Utiities
Progress Reports
Seoutity of the Site
Contractor's Operations on Site
Archaeological and Geological Findings
SUBCONTRACTING. .
Subcontractors
Nominated Subcontractors
STAFF AND LABOUR.
Engagement of Staff and Labour
Rates of Wages and Conditions of Labour
Recruitment of Persons
Labour Laws
Working Hours
Facilities for Staff and Labour
Health and Safely of Personnel
Contractor's Superintendence
Contractor's Personnel
Contractor's Records
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6.12
a
7.2
73
7A
75
76
aw
78
81
82
83
84
85
86
87
88
89
8.10
att
8.12
8.13
ot
92
93
94
10
10.1
10.2
10.3
10.4
"
Wt
Disorderly Conduct
Key Personnel
PLANT, MATERIALS AND WORKMANSHIP
Manner of Execution
Samples 8
Inspection
Testing by the Contractor
Defects and Rejection |
Remedial Work
(Ownership of Plant and Materials
Royalties 2
COMMENCEMENT, DELAYS AND SUSPENSION .
(Commencement of Works
Time for Completion
Programme
‘Advance Warning
Extension of Time for Completion
Delays Caused by Authorities
Rate of Progress
Delay Damages
Employer's Suspension
Consequences of Employer's Suspension
Payment for Plant and Materials after Employer’s Suspension
Prolonged Suspension
Resumption of Work.
TESTS ON COMPLETION ..
Contractor's Obligations
Delayed Tests
Retesting
Failure to Pass Tests on Completion
EMPLOYER’STAKING OVER. .
Taking Over of the Works and Sections
Taking Over Parts
Interference with Tests on Completion
Surfaces Recuiring Reinstatement
DEFECTS AFTERTAKING OVER. .
Completion of Outstanding Work and Remedying Detects[oe
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115
116
WwW
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11.10
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12.2
128
124
13
134
13.2
133
13.4
136
126
187
“4
144
14.2
148
144
14.5
14.6
147
148
149
14.10
14.41
14.12
14.18
sata
14.15
Cost of Remedying Defects
Extension of Defects Notification Petiod
Failure to Remedy Defects
Remedying of Defective Work off Site
Further Tests after Remedying Detects
Right of Access after Taking Over
Contractor to Search
Performance Certificate
Untulfilod Obligations
Clearance of Site
MEASUREMENT AND VALUATION. 6
Works to be Measured
Method of Measurement
Valuation of the Works
‘Omissions.
VARIATIONS AND ADJUSTMENTS .
Right to Vary
Value Engineering
Variation Procedure
Provisional Sums
Daywork
‘Adjustments for Changes in Laws
‘Agius ments for Changes in Cost
CONTRACT PRICE AND PAYMENT ..
‘The Contract Price
Advance Payment
Application for Interim Payment
Schedule of Payments
Plant and Materials intended for the Works
Issue of IPC
Payment
Delayed Payment
Release of Retention Money
Statement at Completion
Final Statement
Discharge
Issue of FPC
Cessation of Employer's Liability
Currencies of Payment
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15.2
153
18.4
18.5
15.6
187
16
161
162
163
164
"7
17.4
17.2
17.3
74
175
176
18
184
182
13.3
18.4
185
186
19
194
19.2
20
20.1
20.2
TERMINATION BY EMPLOYER .
Notice to Conect
Termination for Contractor's Default
\Valuation after Termination for Contractor's Default
Payment after Termination for Contractor's Default
‘Termination for Employer's Convenience
\Valuation after Termination for Employer's Conveniance
Payment after Termination for Employer's Convenience
‘SUSPENSION AND TERMINATION BY CONTRACTOR.
‘Suspension by Contractor
Termination by Contractor
Contractor's Obligations After Termination
Payment after Termination by Contractor
CARE OFTHE WORKS AND INDEMNITIES .
Responsibilty for Care of the Works
Liability for Care of the Works
Intellectual and industtial Property Rights
Indemrnities by Contractor
Indemrnities by Employer
Shared Indemnities
EXCEPTIONAL EVENTS. 90
Exceptional Events
Notice of an Exceptional Event
Duty to Minimise Delay
Consequences of an Exceptional Event
Optional Termination
Release from Performance under the Law
INSURANCE .
General Requirements
Insurance to be provided by the Contractor
EMPLOYER'S AND CONTRACTOR'S CLAIMS. 96
Claims.
Claims For Payment and/or EOT[oe
onsite
DANCE
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21. DISPUTES AND ARBITRATION . -100
21.1 Constitution of the DAAB
21.2 Failure to Appoint DAAB Member(s)
21.8 Avoidance of Disputes:
21.4 Obtaining DAAB's Decision
21.5 Amicable Settlement
21.6 Arbitration
21.7 Failure to Comply with DAAB's Decision
21.8 No DAAB In Place
APPENDIX. . -107
GENERAL CONDITIONS OF DISPUTE AVOIDANCE/ADJUDICATION
AGREEMENT
INDEX OF SUB-CLAUSES . 124
erm 2017 ‘condiors of Conta fr Coston