Conditie Oo act AF the Bi AR Shee SiH Hin. SEPA General Conditions Guidance for the Preparation of Particular Conditions Forms of Letter of Tender, Contract Agreement and Dispute Adjudication Agreement CRAM HastSE i 33 ( FIDIC) Sc mR A Wii V. #7 bel % PF Conditions of Contract for Construction BREWTEMRES pig PRLES HHS Ri BR ALG RIE £0 LE Re Rit (1999 4% 1 HR) (PRL aMBA) (FFHERMHERERBSMAE, EXRARE Si, SES RI ATE) Q le oe Ym eACHET ATO PFD oe Ae) Ae A A Ee Cn HP A ALSACR ACA, ty TUDIC ee oP A AR the — oe Sy Boe BL, ACH AeA 1990 SE Acc ete Mk A A We. IT Ta RE EMR TO PLR THY Da, TMU A Ree Re HE teak, ea HAGAMRLORA, THAD MM, ASR CLINE AI A EAT ACM. OER ERR OH MEL RB tk tr RL a et Ah. VHT ek MRA A APNEA CO. RR PROTA TRS T RET, AT ATO ROR, TED ARNE Hea OR HUE. LM me CA A aI. ee EAM TE, TRAE RRR. Ste HI HE, CROMER HER RAE RAMA OL ACLMAMAAMTH, ASUENAACMAVRKHME MMS FAMMMATA OVUM TRAD MAES, TERM FES TERI ACR MARANA MIE. RI: 0120001268 9 3 ERR (CIP) RAR LA aA CREE aa — A, ew th oeat 2m. (RL CrDIG) Rat ep 4 Rise 104 vom} ARTE: BRERA AT EA AREOLA a eT 2m A {Str is ARB EISESSER EE RAM: 10.00 54 M0 7) FAB, MMT, OTL, RIL, AE RTT AB AR E21 ARRRIL IT (OLo}ee909ND1 6SRE6T? — 2527 HR 6 a BeeFES (FIDIC) ERB T herewith authorize CNAEG to translate FIDIC’ publications (but not the publications as ‘edited by other organizations)into Chinese and publish them 1 agree with your statement, as part of the agreement, that you will: 1) provide FIDIC with 10 copies of the translation per document, end bb) make a statement on the inside cover of the translation that the translator takes full responsibility forthe accuracy of the translation and that in case of dispute, the original ver- sion in English shell prevail Peter van der TOCT Publications manager (Ex) es, SRA} ALL AB it STDC BD me I a EL A JESU URS fH EMD) 0 RGM R, ABLE — MA, HATH: 2) 16) FIDIC $B GE OH EA 10 AE bb) EPRI RT RB Pt A A RAB EAE, MO DATES ENTE. MACE: Peter van der TOCT tlFIDIC FIDIC is the French acronym for the International Federation of Consulting Engineors IDIC was founded in 1913 by three national associations of consulting engineers within Europe. The objectives of forming the federation were to promote in common the professional interests of the member associations and to disseminate information of interest to members of its component national associations ‘oday FIDIC membership numbers more than 60 countries from ail parts of the globe and the federation represents most of the private practice consulting engineers in the world IDIC arranges seminars, conferences and other events in the furtheranoe of its goals: maintenance of high ethical and professional standards; exchange of Views and information; discussion of problems of mutual concern among member associations and representatives of the international financial institutions; and development of the consuiting engineering industry in developing countries. IDIC publications include proceedings of various conferences and seminars, information for consulting engineers, project owners and international development agencies, standard pre-qualification forms, contract documents and client/consultant agreements. They are available from the secretariat in Switzerland,FIDIC DIC (f° PR* Ah i 9.” ) A BHAT: IR EE © fb 9 CPIDIC) Ee CM = PLR A BE HAT I ih Se 1913 FEA A 5 REI Qf 9 JB SE a th Se eA, LBD Se Be Se Hw Bo AK, HAM (FDIC) CHK A TERA WM 60 Bh BA ALA ee, Haar HE EK BBL ADR Me 09 8 TEI. PHM LCFIDIC) ANAM S.A BIC Bh, VARGHESE A Bis A AEE ‘BUDE AE 5 SEC AS UAE LG aR Se A HL HA EF) (PUR ; DR Ro UT WD ESE (FIDIC) HE MTL: SRAM AMOS MORE, PEA LAE. LA A 3: UDR FE COL UR OA AL, VOR RENE, TIS. Ek ee ST. ED PANS SEVERE AT DL DAA AE: A FPA Se CPIDIC) AE HAE AW “oe eh oe ( FIDIC) 32 RIE AA” HAR BTS ‘HEEL BRAY Me EA TE Ee Ya I eR FEM. UR PE HT RIK A Se CE HERE CATS FIDIC iB A APM FE) MELA 80 E, ARTS WMT AR, SAAT Ei em OR AUR. WATE RD, AS. PRIMERA, SORT HEHE HE TARO, BIER MM ER SR, LA FL Re HEAR. RELATOR, ALA OER AER SAA), ALA HRA EB Te OR HE AIA. ST BV, URAALCAAILNARSNSHSWMS. SSMAR ABR MAY 7 5 I OR A LG Se, FREEROARA A. HHERAE MATAR AAR CWTO), HIBE BEART, CARN. (MERA Me, BRA LHAWEEAF, CRAMHZS. PELLRLMF OST 1996 AE TE AC A SP i SR LR, SF Ae RB A ESM AL WT RA AI SE FE WN, I LET A eR Ae, HELL “ARH MRTEAA” FEN, Rai AT HR AA EH CM RAV EA" OA, HRA ALR ICRA, MOR, Set ALERARBNSNAAR, SRHANT, CRBCMBOU, THKLH Me, FERAL. Sit / HERD AR ORB AS Ad OL BA EBL AE PEPER TBD. POLARS WISSB TE ef ch (ARO ADT. AR IBIDE h Se CFIDIC PAE 9S) MS , T1990 AE He NR RT MERE 1 A. STARCH A LS APD T MEME TE A RPA OE AS HP AE SEKELR PMA NER RGR, PAMELA HS ILMB, He TH RAVINE. TEAR, AR AUSTRADE A: kT SR aK. HE AE BE; FARCE AA a a ALE NA ED, ARE AS 2 EMBO, TLE T RRS. 1998 EAA MEE ML Me MER TRU, Zee HERI A RL, EAT, Tea 1 Eee Wi, F 1990 SEA TER AT ACS A CT AHP SWAY HM, URE LRG, I. SMART AA SR SAE, AA, TROL, RA, BIR IG BE RIBAS YUN BE a BER EA BEE AD A AR ELAR A SOF, NTE TA a Oe PPh CRU RIT ROT, LR LMT A SIR, HR LA PE i A 2 Se A SLE, RIAA AM, RTOS AE, LP RAR TY BAZ, AGATE Es ASR, BALA ECE, EJIL, GAL, REAR ATEE. PRIA EWthS FDIC KMMES AS WACKNOWLEDGEMENTS Fédération Internationale des Ingénieurs-Conseils (FIDIC) extends special thanks to the following members of its Update Task Group: Christopher Wade (Group Leader), SWECO-VBB, Sweden; Peter L Booen (Principal Drafter), GIBB Ltd, UK; Hermann Bayerlein, Fichtner, Germany; Christopher R Seppala (Legal Adviser), White & Case, France; and José F Speziale, IATASA, Argentina, The preparation was carried out under the general direction of the FIDIC Contracts Committee which comprised John 8 Bowcock, Consulting Engineer, UK (Chairman); Michael Mortimer-Hawkins, SwedPower, Sweden; ‘and Axel-Volkmar Jaeger, Schmidt Reuter Partner, Germany; together with K B (Tony) Norris as Special Adviser. Drafts were reviewed by many persons and organisations, including those listed below. Their comments were duly studied by the Update Task Group and, where considered appropriate, have influenced the wording of the clauses. thab Abu-Zahra, CRC — Hassan Dorra, Egypt; Mushtaq Ahmad, NESPAK, Pakistan; Peter Batty, Post Buckley International, USA; Roeland Bertrams, Citford Chance, Netherlands; Bosen He, Tianjin University, China; Manfred Breage, Lahmeyer international, Germany; Pablo Bueno, TYPSA, Spain; Naol G Bunni, Consulting Engineer, Irland; Peter H J Chapman, Engineer & Barrister, UK; lan Fraser, Beca Carter Holings & Ferner, New Zealand; Roy Goode, Oxford University, UK; Dan W Graham, Bristows Cooke & Carpmael, UK; Mark Gritiths, Grifiths & Armour, UK; Geoffrey F Hawker, Consulting Engineer, UK; Hesse & Steinberger, VDMA, Germany; Poul E Histed, Elsamprojekt, Denmark; Gordon L Jaynes, Whitman Breed Abbott & Morgan, UK; Tonny Jensen (Chairman of FIDIC Quality Management Committee), COWL, Denmark; David S Khalef, Jordan; Philip Loots & Associates, South Arica; Nell McCole, Merz and MoLellan, UK; Matthew Needham-Laing, Victoria Russell & Paul J Taylor, Berrymans Lace Mawer, UK; Brian W Totterdill, Consulting Engineer, UK; David R Wightman & Gerlando Butera, Nabarro Nathanson, UK; the Association of Japanese Consutting Engineers; the Construction Industry Authority of the Philippines; European International Contractors; Orcanisme de Liaison Industries Métaliques Européennes, (CORGALIME”); the International Association of Dredging Contractors; the International Bar Association; the Asian Development Bank; and the World Bank Acknowledgement of reviewers does not mean that such persons or organizations approve of the wording of all clauses, FIDIC wishes to record its appreciation of the time and effort devoted by all the above, ‘The ultimate decision on the form and content of the document rests with FIDIC.Bat Fee WIP GS (FIDIC) AT te ALTER RA SR SWE CO-VBB 4] # Christopher Wade (48k), 3B] GIBB 4M 2-3] #Y Peter L Booen ( 3 EK HA), 60 Fichtner 21% Hermann Bayerlein; 3 Bf White & Case 2 al Christopher R Seppala (55 48 81), 3 PEALE IATASA 2 #1 Jose F Speziale. ALE MVICSHSRSHS TRI KH, PEKRSR ROS: ROSA John B Bowcock (3 8), 38 3 SwedPower #3] # Michael Mortimer ~ Hawkins, 4 Hl Schmidt Reuter Partner 2 #) HY Axel ~ Volkmar Jacgers 2. # #181 K B (Tony) Norris. FRERTARSAR HARTA, PUNE LE HMI MEH, We BEAR LL RRALAR RY. RAR MR AH: JR CRC- Hassan Dorma 4284] fh Thab Abu - Zahra, © % S¢48 NESPAK 28 3] &) Mushtaq Ahmad, 3 B) Post Buckley Intemational @#] # Peter Batty, #% % Clifford Chance 2 #1 8) Roeland Bertram, PLA A EM $018 M.-H Lahmeyer International 2 #] ft) Manfred Breege, #93 7 ‘TYPSA 2+ fY Pablo Bueno, # At 2 il T.AEIF Nael G Bunni, # G5] Engineer & Bar- rister 2] 4) Peter HJ Chapman, 1 Beca Carter Hollings & Femer 2 #1 lan Fras er, ABFA AEH Roy Goode, $18 Bristows Cooke & Carpmael “2 # #4 Dan W Gra ham, %€ 1 Griffiths & Armour “#1 # Mark Griffiths, # I & if #616 Geolfrey F Hawker, $1 VDMA # Hesse & Steinberger, 33 Elsamprojekt 7 5] Poul E Hvilst ed, 5] Whitman Breed Abbott & Morgan 2 #l 8 Gordon L Jaynes, #3 COW! 2 #1 Tony Jensen (FIDIC J AF AH HL SEH). #2 Hy David S Khalef, #4 4 Philip Loots & Associates, [Mere and MeLellan 2%] Y Neil MeCole, % 1 Berrymans Lace Mawer Victoria Russell & Paul J Taylor i] ) Matthew Needham ~ Laing, #1 % af LF Brian W Tottedill, 3] Nabarro Nathanson “ 5] # David R Wightman #° Ger- endo Butes, HASWIAM AS, TAERRILA, KHAO B ER, ASR OURS MR (ORCALIME), MRRRAA MS, TRS. T NAR HAT BEAR AT 2 MPAA SHR SRR A A fo wR aT BE AT AHR. FIDIC Af 6-4 a8 A Sk fo 8 AE WA OE A RE ASCE Ao AR AE a FIDIC Sto XKFOREWORD ‘The Fédération Internationale des Ingéniaurs-Conseils (FIDIC) published, in 1999, First Editions of four new standard forms of contract Conditions of Contract for Construction, which are recommended for building or engineering works designed by the Employer or by his representative, the Engineer. Under the usual arrangements. {or this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer. However, the works may include some elements of Contractor-designed civil, mechanical, electrical and/or construction works, Conditions of Contract for Plant and Design-Build, which are recommended for the provision of electrical and/or mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and provides, in accordance with the Employer's requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works Congitions of Contract for EPC/Turnkey Projects, which may be suitable for the provision on a turnkey basis of a process or ower piant, of a factory or similar facilty, or of an infrastructure project or other type of development, where () a higher degree of certainty of final price and time is required, and (i) the Contractor takes total responsibilty for the design and execution of the project, with litle involvement of the Employer. Under the usual arrangements for tumnkey projects, the Contractor carries out all the Engineering, Procurement and Construction (EPC), providing @ fully-equipped facity, ready for operation (atthe "turn of the key’ ‘Short Form of Contract, which is recommended for building or engineering works of relatively small capital value. Depending on the type of work and the circumstances, this form may also be suitable for contracts of greater value, particularly for relatively simple or repettive work or work of short duration. Under the usual arrangements for this type of contract, the Contractor constructs the works in accordance with a design provided by the Employer or by his representative (i any), but this form may also be suitable for a contract which includes, or wholy comprises, Contractor-designed civil, mechanical, electrical and/or construction works. The forms ate recommended for general use where tenders are invited on an international basis. Modifications may be required in some jurisdictions, particularly i the Conditions are to be used on domestic contracts. FIDIC considers the official and authentic texts to be the versions in the English language. In the preparation of these Conditions of Contract for Construction, it was recognised that, while there are many sub-clauses which will be generally applicable, there are ‘some sub-clauses which must necessarily vary to take account of the circumstancesBek Ba BRE MIARES (FDIC THR) FT 199 FWMT ARMS AREAS ah: CHILO EHD, BEAT OMERKARTAM LT HRRRIAAD, RAS MAH RA, HAMWEAMEARNRTRGTARL, PRIETO SHR AMT HLA, MR EAR) HRA RED, (EPREPRH MLE, RERT ENS DURES ERPRARIAH RT THT. RASA HERA, CROMER MEER, RHPRAA RRS (RHE THs TABLA, LR, RAR CM AMES CR RMT (EPC)/RAR IAS AED, TEAFURARARRRLT AAA IAA RS, SMH GRID, AR) RA he ER TR KARMA MRE, (ORC RAUR A LIPOMA MRI, ME DARD, RARTAHATWRAR, PROM RSM RE RW (EPC), ROAR AIA, (“8 AEE) EPR AT (MHS ABR), REATRASRRAAKAM IBM, RBLAKADHRAMR, HARARE TATRAR ASA SH, HURST RARER AT SRIARKH LA, AASAHAHHRS, HRAWRARERH AOR MRAM ETLAAL, PEABRATEMTEERSR EPROM HR, UR BA CR) ARMM Ae RAGMBLERPA DRE RP BAH. E FEN, HALATO ASHHAE, THRERE BA, SVK (RDIC\AH, EAM. RMI M AMHR. ART ACLS MRED EGE, RAS a RRROMAAAM RAMEE. RMA ® BR, CHERRLMA FIR DESMO M XMrelevant to the particular contract. The sub-clauses which were considered to be applicable to many (but not all) contracts have been included in the General Conditions, in order to facilitate their incorporation into each contract. The General Conditions and the Particular Conditions will together comprise the Conditions of Contract governing the rights and obligations of the parties. It will be necessary to prepare the Particular Conditions for each individual contract, and to take account of those sub-clauses in the General Conditions which mention the Particular Conditions. For this publication, the General Conditions were prepared on the following basis: (interim and final payments will be determined by measurement, applying the rates and prices in a Bill of Quantities; (i) if the wording in the General Conditions necessitates further data, then (unless. tis 80 descriptive that it would have to be detailed in the Specification) the sub- clause makes reference to this data being contained in the Appendix to Tender, the data either being prescribed by the Employer or being inserted by the ‘Tenderer; (i) where a sub-clause in the General Conditions deals with a matter on which iferent contract terms are likely to be applicable for different contracts, the principles applied in writing the sub-clause were: (@) users would find it more convenient if any provisions which they did not wish to apply could simply be deleted or not invoked, than if aditional text had to be written (in the Particular Conditions) because the General Conditions did not cover their requirements; or (©) in other cases, where the application of (a) was thought to be inappropriate, the sub-clause contains the provisions which were considered applicable to most contracts. For example, Sub-Ciause 14.2 [Advance Payment] is included for convenience, not because of any FIDIC policy in respect of advance payments. This Sub-Clause becomes inapplicable (even itis not deleted) if itis disregarded by not specifying the amount of the advance. It should therefore be noted that some of the provisions Contained in the General Conaltions may not be appropriate for an apparently-typical contract. Further information on these aspects, example wording for other arrangements, and, ‘other explanatory material and example wording to assist in the preparation of the Particular Conditions and the other tender documents, are included within this Publication as Guidance for the Preparation of the Particular Conditions. Before incorporating any example wording, it must be checked to ensure that it is wholly suitable for the particular circumstances; f not, it must be amended, Where example wording is amended, and in all cases where other amendments or ditions are made, care must be taken to ensure that no ambiguity is created, either with the General Conditions or between the clauses in the Particular Conditions. tis essential that all these dratting tasks, and the entire preparation of the tenderSHCCHAMAAAE, UMASS R. MAAAOEREAAM ARES MAT RAP LANGA. PER E KOM AGERMETAAH, ES EAERAS MRA AMARA HH ASR AA AGEL URS (LE AE A AOR Te RT AE AE, PR HE ATER. Ci) PRM ARA YHA EER SARA MEER RAN SEE RASH), RH, RRNA ARRAY, aE BME ARAN Gi) SHAAA ELEN -HRHRK, ATVH AME ARH TERA TA HORA, BAA KRM REM (a) PG RE BO A BE aD FE AT TRA AEE, SAREE AMER ER, HLA ES MARTH ERED E HS: Hw (HERA ()RPERAA TELAT, CREO EB ARAM MK SRS MEM AAR. i, ARK (MAR) AH TAR, MAT RMHR TA HH EMR, OREAKHTRARHAATRAMARE TARAS, WAROP CLAMNA)LREAEA, PLR RAMMABTOSH- SMA AE KBDHOM TRE R. RF RDA AAI OAD, DL Se A A EO HT RRAAKARAEHA EHD, MERLARKEM AEM. IAEMENHEM, DRUM, ARRTAE SA MR, BS HBR. AHEAMAL TBA, URRALOB RADA ART, PA RAR MAKHLM, RECMAASEROBRP ERA, ERMA, FHRER Lik, CRAB RKEMS, ERCRAMAS TH RAAR, WHOM.documents, are entrusted to personnel with the relevant expertise, including the contractual, technical and procurement aspects, This publication concludes with example forms for the Letter of Tender, the Appendix to Tender (providing a check-lst of the sub-clauses which refer to it}, the Contract Agreement, and alternatives for the Dispute Adjudication Agreement. This Dispute ‘Adjudication Agreement provides text for the agreernent between the Employer, the Contractor and the person appointed to act either as sole adjudicator or as a member of a three-person dispute adjudication board; and incorporates (by reference) the terms in the Appendix to the General Conditions. FIDIC intends to publish a guide to the use of its Conditions of Contract for Construction, for Plant and Design-Build, and for EPC/Tumkey Projects. Another relevant FIDIC publication is “Tendering Procedure", which presents a systematic approach to the selection of tenderers and the obtaining and evaluation of tenders. In order to clarify the sequence of Contract activities, reference may be made to the charts on the next two pages and to the Sub-Ciauses listed below (some Sub-Clause numbers are also stated in the charts). The charts are illustrative and must not be taken into consideration in the interpretation of the Conditions of Contract. 11.8.1 & 137 Base Date 11.32 & 81 — Commencement Date 1.1.6.6 & 42 — Performance Security 1.1.4.7 & 14.3 _ Interim Payment Cerificate 4.1.3.3 & 8.2 Time for Completion (as extended under 8.4) 1.184 & 91 — Testson Completion 1.1.8.5 & 101 Taking-Over Certificate 1.1.8.7 & 11.1 Defects Notification Period (as extended under 11.3) 1.1.8.8 & 11.9 Performance Certificate 1.1.4.4 & 14.13 Final Payment CertificateRAPA TENS RT. SARE THAT BAR Hh, BORE REA RAD A SR a) OL BHP ELSMRADL AME NEA, REMRADRBAE TAS, AW PUES AR-RRAMEAPRRARASPH-FRAS MMR BRA, (LSE 51) LT UR RAE RH a AK (FDIC) HSH K— ACIS MAH) CAFRA IS AH, RRR MMT (EPC)/ RAR EAS RY HEH. BAAR OME 3% (FIDIC) ft CRLF), RRA HR, RAT — HR Hike ATRRAAGAORE, TRALEE A TAA TERA EERE S LER PHH). REORERMEK, AH HO MAH 1.1.3.1 413.7 ee 1.1.3.2 68.1 FL aM 1.1.6.6 404.2 mR 1.1.4.7 14.3 Me RER 1.1.3.3 8.2 RL PE RIE I 8.4 SEK) 1.1.3.4 99.1 RIRE 1.1.3.5 10.1 EKER 113.7 #111 eH Mo A HE 113 SEK) 1.1.3.8 P19 BHEH 1 4A RIGS RATES vIssue ot Submission Issue of the 8.1 10.1 Issue of 11.9 Issue ofthe Tender ofthe Letter of Commencement Taking-Over Performance Documents Tender Acceptance Date Certicate Cericate 9.1 Tests on ———> ‘Completion? 4.2 Return of the Performance ‘Secutty ‘Typical sequence of Principal Events during Contracts for Construction 1, The Time for Completion is to be stated (in the Appendix to Tender) as a number of days, to which is added any extensions of time under Sub-Ciause 8.4. 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-Ciause 8.2. 3. The Detects Notification Period is to be stated (in the Appendix to Tender) as a number of days, to which is added any extensions under Sub-Ciause 11.3BR RE HR Bl 10.1 11.9 BE tg RR RT OES RTE xe # a am 8.2 @ Leta! 4.2 FER eed MLIAAPERSRHAVO 1 RL CRORE) AFORE I EAE ATH RARS 8.4 CALE TE EI 2. RT RAREST , RL He A He PI 8.2 BML HY 23, SGML LCE RR BA RE) AN FORCE LAE TARAS 11.3 ARE AEH443 Contractor 14.6 Engineer 14.7 Employer makes submits Statement soues interim the payment to the to the Engineer Payment Certificate Contractor Each of the monthly (or otherwise) interim payments The final Engineer vers the payment statement, Contractor ‘submit information 14.11 Contractor submits 14.11 Contractor submits 14.13 Engineer issues 14,7 Employer raf nal statement to the Final Statement and the Final Payment makes payment Engineer 14.12 discharge Conticate ‘Typical sequence of Payment Events envisaged in Clause 14 aa 20.2 Parties 20.4 A Panty refers 204AParymay «208 APary Commencement appoint ‘a dispute to the issue anotice of may ntiate Date Das DAB satisfaction” arbitration Patios present submissions to the DAB, «28d DAB gies ‘Acotrators its decision appointed ‘Typical sequence of Dispute Events envisaged in Clause 20143 ROM 146 TH 14.7 MEL aLeme BAIT RAAT RK HR ars AR Poff) fe) phat LEM RKRR, BAK | RAMA Be 141 ROMA 14.11 KAM RH | 14.13 LAR 14.7 REAR RHRTRAR RARE RAMRER RAR 14.12 S43AE BD HE 14 Se iA AT 81 FLAS 20.2 HIE 20.4 —% i] DAB 204-HY 206 —-% DAB ER Dae “A ALA) wR” RA DAB Er UE A aa DAB $i It Te a HR er SE 20 FR HH i AB A) OR Se Os Tyite TF bed A AF Conditions of Contract for CONSTRUCTION AF HME RAF LR FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER BARE General Conditions RR eé¢h te R SER FEDERATION INTERNATIONALE DES INGENEURS.CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINGUNG BERATENDER INGENIEURE FEDERACION INTERNACIONAL DE INGENIEROS CONSOLTORES, mm aH GENERAL CONDITIONS 2 HR ETS GUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONS RRS PH BI EK FORMS OF LETTER OF ‘TENDER CONTRACT AGREEMENT AND DISPUTE: ADJUDICATION AGREEMENT31 3.2 3.3 3.4 3.5 44 42 43 44 48 General Conditions CONTENTS GENERAL PROVISIONS .. u Definitions Interpretation Commurications Law and Language Priory of Documents Contract Agreement Assignment Gare and Supply of Documents Delayed Drawingé or Instructions Employer's Use of Contractor's Documents Contractor's Use of Employer's Documents Confidential Details Compliance with Laws Joint and Several Liability ‘THE EMPLOYER . Right of Access to the Site Permits, Licences or Approvals Employer's Personnel Employer's Financial Arrangements Employer's Claims THE ENGINEER . 32 Engineer's Duties and Authority Delegation by the Engineer Instructions of the Engineer Replacement of the Engineer Determinations ‘THE CONTRACTOR: Contractor's General Obligations Performance Security Contractor's Representative Subcontractors Assignment of Benefit of Subcontract1.8 SCAR Ange BE 19 GRA AaRiT 1.10 LER ICE LL RARER EOF 12 RERH 113 meee 1.14 SERA AAO Fy C9 cocecere 21 REAL 2.2 PERT DURA AE 2.3 BEAR 2.4 RBS A RE ee HE 2.5 iE AR 3 TR 3.1 CARVES ARI 3.2 LIE 3.3 Leen 3.4 LEENA 35 WE ARR cece “37 4.1 Rea — ARH 4.2 mea 4.3 RMR 44 ee 4.5 Feat aeit46 47 48 49 4.10 ant 4.12 4.13 44 4.18 4.16 47 4.18 4.19 420 421 422 4.23 4.24 5A 52 53 54 61 62 63 64 65 66 67 68 69 6.10 6.11 TA 72 73 7A 75 76 7 78 Bt 82 Co-operation Setting Out Safety Procedures Quality Assurance Ste Data Suticiency of the Accepted Contract Amount Unforeseeable Physical Conditions Rights of Way and Facitios ‘Avoidance of Interference ‘Access Route Transport of Goods Contractor's Equipment Protection ofthe Environment Electricity, Water and Gas Employer's Equipment and Free-tssue Materia Progress Reports Seourty of the Site Contractor's Operations on Site Fossits NOMINATED SUBCONTRACTORS. Definition of ‘nominated Subcontractor” Objection to Nomination Payments to nominated Subcontractors. Evidence of Payments ‘STAFF AND LABOUR Engagement of Staff and Labour Rates of Wages and Conditions of Labour Persons in the Service of Employer Labour Laws Working Hours Facies for Staff and Labour Health and Safety Contractor's Superintendence Contractor's Personne! Records of Contractor's Personnel and Equipment Disorderly Conduct PLANT, MATERIALS AND WORKMANSHIP Manner of Execution Samples Inspection Testing Rejection Remedial Work ‘Ownership of Plant and Materials Royalties (COMMENCEMENT, DELAYS AND SUSPENSION . ‘Commencement of Works ‘Time for Completion --60 6446 te 4.7 48 REE 4.9 ERORIE 4.10 BR 4.1L Pb ey lca RY HE SE 4.12 RELBURAV ENR 4.13 SAB 4.14 FDR 4.15 EER 4.16 Sie 417 Rea 4.18 FREER 419 BACAR 4.20 BEDE AS DET A 4.21 PEER 4.2 BRE 4.23 RAUBER 4 WA S HEARAR ~ 5.1 HRN AMOR HE 5.2 Rex 5.3 Seem ta 5.4 MERU 6 AL 61 ROAR 6.2 Lie aE 6.3 Pyle EARS HAA 6.4 Hah 6.5 Tfemtfal 6.6 WR THRE 6.7 SaaeAN Ee 6.8 Rama 6.9 ROAR 6.10 RELA RMR AIR 6.11 EAH 7 SP MAME TL STE 72 Ha 73 fit 74 Be 75 tik 7.6 Heth fE TT PR RU TAR, 7.8 ECT KE 8 FIRM - 8.1 LMIFL 8.2 TAL83 a4 85 86 a7 88 89 810 an 812 94 92 93 a4 10 10.1 10.2 103 10.4 " 44 W.2 13 1.4 15 16 Wz 1.8 1.9 Programme Extension of Time for Completion Delays Caused by Authorities Rate of Progress Delay Damages Suspension of Work Consequences of Suspension Payment for Plant and Materials in Event of Suspension Protonged Suspension Resumption of Work TESTS ON COMPLETION ... ee ee 0) Contractor's Obligations Delayed Tests Retesting Failure to Pass Tests on Completion EMPLOYER'S TAKING OVER ..........- 72 Taking Over of the Works and Sections Taking Over of Parts of the Works Interference with Tests on Completion Surfaces Requiring Reinstatement DEFECTS LIABILITY oo oe Bond} Completion of Outstanding Work and Remedying Defects Cost of Remedying Defects Extension of Defects Notification Period Failure to Remedy Defects Removal of Detective Work Further Tests Right of Access. Contractor to Search Performance Certificate 11.10 Unfufiled Obligations. 11.11 Clearance of Site 12 124 122 123 12.4 13 13.1 138.2 133 13.4 13.5 136 137 138 MEASUREMENT AND EVALUATION .....-... 7 82 Works to be Measured Method of Measurement Evaluation Omissions VARIATIONS AND ADJUSTMENTS . . . ce cee BA Right to Vary Value Engineering Variation Procedure Payment in Applicable Currencies, Provisional Sums Daywork ‘Adjustments for Changes in Legislation ‘Adjustments for Changes in Cost8.9 BART 8.10 REPRINT AP a RUE ENT 8.1 HATA 812 BT 9 RTM 9.1 RLM LI 9.2 SERRA 9.3 Rete 9.4 RNR T Ste 10 mE 10.1 LARAUSPR TL een 10.2 aBsr Lene 10.3 PRIMATE 10.4 BBM OR TROBE TA S¢SHEE LARS ABR 11.2 AMiRBR HOT 11.3 RAE MAY RE HS 1d eA AMR RES TS Ai AORTA 16 #—SaR 1.7 AB 11.8 Raa 11.9 RATE 110 RUTH KH 1 Sa 2 RRRES - 12.1 FMA 12.2 RTH 12.3 Att 12.4 ah BRR MBR Ba RH 13.2 rele 13.3 me 13.4 Laas et 13.5 WAS e 13.6 iFALLtE 13.7 Beek ANS 13.8 BARA A ial14 CONTRACT PRICE AND PAYMENT . 92 14.1, The Contract Price 14.2. Advance Payment 14.3 Application for Interim Payment Certificates 14.4 Schedule of Payments 14.5. Plant and Materials intended for the Works 14.6. Issue of Interim Payment Certiticates 14.7, Payment 14.8 Delayed Payment 14.9 Payment of Retention Money 14.10 Statement at Completion 14.11 Application for Final Payment Certificate 14.12 Discharge 14.13 Issue of Final Payment Certificate 14.14 Cessation of Employer's Liability 14.15 Currencies of Payment 15 TERMINATION BY EMPLOYER . = 106 15.1 Notice to Correct 15.2 Termination by Employer 15.3 Valuation at Date of Termination 15.4 Payment after Termination 15.5. Employer's Entitlement to Termination 16 SUSPENSION AND TERMINATION BY CONTRACTOR .. 110 16.1 Contractor's Entitlement to Suspend Work 16.2. Termination by Contractor 16.3 Cessation of Work and Removal of Contractor's Equipment 16.4 Payment on Termination 17 _ RISK AND RESPONSIBILITY 12 17.1 Indemnities 17.2. Contractor's Care of the Works 17.3 Employer's Risks 17.4 Consequences of Employer's Risks 17.5. Intellectual and Industrial Property Rights 17.6 Limitation of Liability 18 INSURANCE 18 18.1 General Requirements for Insurances 18.2. Insurance for Works and Contractor's Equipment 18.3. Insurance against Injury to Persons and Damage to Property 18.4. Insurance for Contractor's Personnel 19 FORCE MAJEURE 2.60... eeeeeeeeeeee 124 19.1 Definition of Force Majeure 19.2. Notice of Force Majeure 19.3 Duty to Minimise Delay 18.4 Consequences of Force Majeure 19.5. Force Majeure Affecting Subcontractor4 SRSA - 14.1 Hib 14.2 ete 14.3 Sis ete a0 14.4 fhe 14.5 BURT LRAE 14.6 PRE BHR 14.7 ftak 14.8 ERAT 14.9 RASA 14.10 LAE 14.11 SET RCAES 14.12 SATE 14.13 RETREBAR 14.14 RAE IELE PIE 415 LAAT 15 EE 15.1 SIE 15.2 Haak 15.3 SRA AOHE ET 15.4 Sea ftak 15.5 ESRI A LA 16 ARAB MBA 16.1 KAGAWA LARA 16.2 daa 16.3 ALL APR LR 16.4 SeibMtetak 7 RRS 13 17. BRIBE 17.2 eae LA AE 17.3 SEAS RAR 17.4 EU ER 17.5 REALTOR 17.6 SERRE 18 RR 18.1 SERRE AREER 18.2 LAR RIA ALP oe RA 18.3 A Sp Be RUE Se 18.4 ALAA ARR 19 9 AARA - 19.1 BAR AMER 19.2 AMAA 19.3 ERED AM LI 19.4 BAAR 19.5 RAT AROS10 19.6 Optional Termination, Payment and Release 19.7 Release from Performance under the Law 20 CLAIMS, DISPUTES AND ARBITRATION . 20.1 Contractor's Claims 20.2 Appointment of the Dispute Adjudication Board 20.3. Failure to Agree Dispute Adjudication Board 20.4 Obiaining Dispute Adjudication Board's Decision 20.5 Amicable Settlement 20.6 Arbitration 20.7. Failure to Comply with Dispute Adjudication Board's Decision 20.8 Expiry of Dispute Adjudication Board's Appointment APPENDIX GENERAL CONDITIONS OF DISPUTE ADJUDICATION AGREEMENT INDEX OF SUB-CLAUSES -19.6 EARL TAO 19.7 LARS ARBRE 20 RIB Sen AO a OL RADAR 20.2 PHAR A SHEA 20.3 Xt PMLA Te A Ae HCA — 20.4 HMR ARATE 20.5 Ae 20.6 He 20.7 Ae AE FoR A Se HE 20.8 PMR A SERIA wa PRR — BRE12 Definitions listed alphabetically 14a 14.49 1134 4.4.4.40 11.32 1442 14.42 1128 1.161 118A 4.1.27 1125 11.43 1.162 11.29 1139 11.37 16 1126 4.4.2.10 148 1145 1.1.6.2 ‘Accepted Contract Amount ‘Appendix to Tender Base Date Bill of Quantities ‘Commencement Date Contract Contract Agreement Contract Price Contractor Contractor's Documents Contractor's Equipment Contractor's Personnel Contractor's Representative Cost Country DAB day Daywork Schedule Defects Notification Period Drawings Employer Employer's Equipment Employer's Personnel Engineer FIDIC Final Payment Certificate Final Statement Force Majeure Foreign Currency Goods 14? 11.65 144.3 14 1148 11.63 124 1.1.49 11.38 1.1.66 1154 115.5 1.1.4.10 1141 WAT 1.156 11.67 1145 148.2 11.28 1.1.8.5 1.1.6.7 1418 1.1.86 118d 1438 1168 1.1.69 1.1.58 1.1.89 Interim Payment Certficat Laws Letter of Acceptance Lotter of Tender Local Currency Materials Party Payment Certificate Performance Certificate Performance Security Permanent Works, Prant Provistonat Sum Retention Money ‘Schedules Section Site Specification Statement ‘Subcontractor TTaking-Over Certificate Temporary Works Tender TTsts after Completion Tests on Completion “Time for Completion Unforeseeable Variation Works yearRP AIOE HED BO EA ESRF OVE AD PESO UES FED) RG 14a ce] RE 114.2 EE aH 1.1.6.9 ihe Tei aba AMA 1.1.6.4 UGE ARR 1.1.6.8 Ria ae 1153 ST. ARIA) 1143 ST tHE Re 11.23 FLAS ONT 112s int ROAD 1127 mR Rea 1s a RARE 1161 fe SESE 1148 se tak 4H) 12a SRE IAP set 11.6.5 HOR) SEWECADIC) = 1.1.2.10 SiR cao 1128 Bh PALE 11.5.6 HRB ‘frais 1149 in AR Le 11.5.8 aa TRE 1110 Sh TA 12 RS TARR Ce 1.1.6.2 KALE fit 11.2.2 HN EAB 11.2.6 PRERERE EB 11.63 tne ‘Bit LLLS PRESS ail ML Bene Avr 11.42 REC ALB 12 RAE 1415.2 13a La.t.t0 113s 113.6 1133 L134 113.2 1157 11.66 1138 113.9 1147 1413.7 113.9 Liss Lad 1s 11s 1116 11.46 1.1.6.7 Lisa 1.1.4.10 1129 1413 Lad Lay 114s Lisa 13General Conditions Genfral Provisions rr Definitions In the Conditions of Contract (‘these Conditions"), which include Particular Conditions and these General Conditions, the following words and expressions shall have the ‘meanings stated. Words indicating persons or parties include corporations and other 2 legal entities, except where the context requires otherwise, z 44 2 ‘The Contract 1.4.1.1 “Contract” means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Specification, the Drawings, the ‘Schedules, and the further documents (f any) which are listed in the Contract Agreement or in the Letter of Acceptance. 1.2. “Contract Agreement” means the contract agreement if any referred to in Sub-Ciause 1.6 [Contract Agreement| 1.1.1.3 “Letter of Acceptance” means the letter of formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memoranda comprising agreements between and signed by both Parties. If there is no such letter of acceptance, the expression “Letter of Acceptance” means the Contract Agreement and the date of issuing or receiving the Letter of ‘Acceptance means the date of signing the Contract Agreement 1.1.1.4 “Letter of Tender” means the document entitled letter of tender, which was completed by the Contractor and includes the signed offer to the Employer for the Works, 1.1.1.5 “Specification” means the document entitled specification, as included in the Contract, and any additions and modifications to the specification in accordance with the Contract. Such document specifies the Works. 4.1.1.6 “Drawings” means the drawings of the Works, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract. 1.1.1.7 “Schedules” means the document(s) entitled schedules, completed by the Contractor and submitted with the Letter of Tender, as included in the Contract. Such document may include the Bill of Quantities, data, ists, and schedules of rates and/or pricas. 1.1.1.8 “Tender” means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract. 1.1.1.9. "Appendix to Tender” means the completed pages entitled appendix to tender which are appended to and form part of the Letter of Tender. 1.1.1.10 "Bill of Quantities’ and "Daywork Schedule” mean the documents so named (i any) which are comprised in the Schedules. 14Re 1 1a eX tad el BRE TEATS PE ASR PE” ), LIES SR AP A Se Ps, PA FALE REM SL. REF BAER, A Aa MR SL A AMAIA BU. L111 “SE” RBA. POR. RMR. AA, MR, 3, BERRA BE AT BDC 5 Pd SE Bo L112 “AUD” HEARS 16 SK ws 1 FA BORA), 1.1.1.3 ORR” RAMESH ER RIA, LARC (A SAE LAT Und BE A RS OL eh “oR” — LAA SH ACR A AE SHAM MNH AM. L114 “SAR” RRS SW ARIK, AE 69 fo EH LARA OT LL.S “SAE” ELA eA Hh MEA CP BH TB TERT PR OU IE TAD TEAM IAL. HA MME LRTER LLG “UG AeA ee A YT, AE (RIE HR) FR A A TA BO LE 11.1.7 “BURR” GRAD AO BER Ae CE, AR LES IF RR AE. MACCOLL LR. BR Ae, BA (CRORE. L118 RRB" REI A i RO ATA TEI L119 “BERBRL” RAI 9% Wy ALAN AA IE ER Fat WS BBS). 1110 “TR” BIH A LAE Re” PRU) TEBE B ARH 1514.2 Parties and Persons 14.3 Dates, Tests, Periods and Completion 16 141.24 1122 11.23 124 11.25 11.26 1127 11.28 1.1.29 1.4.2.40 13.4 11.3.2 11.3.3 1434 “Party means the Employer or the Contractor, as the context requires. “Employer” means the person named as employer in the Appendix to Tender and the legal successors in title to this person, “Contractor” means the person(s) named as contractor in the Letter of Tender accepted by the Employer and the legal successors in title to this person(s) “Engineer” means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or other person appointed from time to time by the Employer and ‘otitied to the Contractor under Sub-Clause 3.4 [Replacement of the Engines}, ‘ontractor’s Representative” means the person named by the Contractor in the Contract or appointed trom time to time by the Contractor under Sub-Clause 4.3 [Contractor's Representative}, who acts on behalf the Contractor. “Employer's Personnel” means the Engineer, the assistants referred to in ‘Sub-Clause 3.2 [Delegation by the Engineer] and all other staff, labour and other employees of the Engineer and of the Employer; and any ather Personnel notified to the Contractor, by the Employer or the Engineer, as Employer's Personnel ‘ontractor's Personnel” means the Contractor's Representative and al personnel whom the Contractor utilises on Site, who may include the staf, labour and other employees of the Contractor and of each Subcontractor: and any other personnel assisting the Contractor in the execution of the Works, ubcontractor’ means any person named in the Contract as a subcontractor, or any person appointed as a subcontractor, for a part of the Works; and the legal successors in ttle to each of these persons. JAB" means the person or three persons so named in the Contract, or other person(s) appointed under Sub-Clause 20.2 Aopointment of the Dispute Adjudication Board] or Sub-Clause 20.3 [Failure to Agree Dispute Adjudication Board “FIDIC™ means the Fédération Internationale des Ingénieurs-Conseils, the international federation of consulting engineers, ‘Base Date” means the date 28 days prior to the latest date for submission of the Tender. “Commencement Date" means the date notiied under Sub-Clause 8.1 (Commencement of Works} “Time for Completion’ moans the time for completing the Works or a ‘Section (as the case may be) under Sub-Clause 8.2 [Time for Completion), as stated in the Appendix to Tender (with any extension under Sub- Clause 8.4 (Extension of Time for Completion), calculated from the Commencement Date. fests on Completion” means the tests which are specified in the Contract or agreed by both Parties or instructed as a Variation, and which are carried112 SHBAR 11.3 AR, Ba, MARAT 1.2. 1.2 “12. 1.2.2 1.2.3 27 3 3.2 3.3 34 “4EA(—F)” MELT REE, HERR. “ME” AHEAD RRE HREM RA, BRM RH ARMRA, “ROR” AHCMERLORRRPHHKAMHYBA, B HEP ALGAE RA. “LRM” AMES HERR BMR PHL, ATMA HLEE LAE OY A, RAT TARA 3.4 Be A HO AR) SE, BERR SE AE hr 3 A AP FE tA Bt RAGA Ha RA HE Pa HOA, BRAT BAS ACHRAIORE, ROME GHHRRHAR. MER” RAGLAN 3.2 Ow oR ade) OA TE BASAL Te TBI A: A BAA TA A LA Bk es oT SA EAB I AN Be “OMAR” RAR ALARA RAO EL TAA, AERA A MH TOMA, LAMAR; LR TA IE ‘ie PH AR AEA A “POG AGHLLBDTR, LAMPS WOM, RI FERRELL PAM EE ITA TA; VA Bak eA BR Ae EA SEMA. “DAB (PMRRB AR)” KAO it see — Bm =A Dh, SARIN 20.2 SK ae MR MBH 4-H DRI 20.3 ALT H RAL ARIE a MALE HE IEIDA RL “SMI” (FDIC) FH RSA ERAS. “SAR” RAAB ALL AMAT 28 KA A. “FLA AUER 8.1K AMAL), MA we RIMM” ARH RT SH, AIT Ae SHE APT. A CHASE AAI 8.2 aK LAR OF] BE OR SRT A Tl CE AS 8.4 AK [RF IK OR EH HAS EE PTE IA) 0 “ROR” EAM EM, HRTEM, sti TE DEA, ERR LAR CHRIS MT) UR EHR 7out under Clause 9 [Tests on Completion] before the Works or a Section (as the case may be) are taken aver by the Employer. 1.1.85 “Taking-Over Certificate’ means a ceric [Employer's Taking Over} le Issued under Clause 10 “Tests after Completion” means the tests (f any) which are specified in the Contract and which are carried out in accordance with the provisions of the Particular Conditions after the Works or a Section (as the case may be) are taken over by the Employer. . 1.13.7 “Defects Notification Period” means the period for notifying defects in the Works or a Soction (as the case may be) under Sub-Ciause 11.1 [Completion of Outstanding Work and Remedying Defects), as stated in the a ‘Appendix to Tender (with any extension under Sub-Ciause 11.3 [Extension z of Defects Notification Period!) calculated from the date on which the Works or Section is completed as certiied under Sub-Clause 10.1 [Taking Over of the Works and Sections} 1.1.38 “Performance Certificate” means the certificate issued under Sub- Clause 11.9 [Performance Certificate]. 1.1.3.9 “day" means a calendar day and "year" means 365 days. 114 Money and Payments 1.1.4.1 “Accepted Contract Amount" means the amount accepted in the Letter of ‘Acceptance for the execution and completion of the Works and the remedying of any defects, 1.1.4.2 “Contract Price” means the prite defined in Sub-Ciause 14.1 [The Contract Price), and includes adjustments in accordance with the Contract. 1.1.43 “Cost” means all expenditure reasonably incurred (or to be incurred) by the Contractor, whether on or off the Site, including overhead and similar charges, but does not include profit. 1.1.4.4 “Final Payment Certificate” means the payment certificate issued under ‘Sub-Ciause 14,13 (Issue of Final Payment Certificate]. 1.1.4.5. “Final Statement” means the statement defined in Sub-Clause 14.11 pplication for Final Payment Certificate}. 1.1.4.6 “Foreign Currency” means a currency in which part (or al) of the Contract Price is payable, but not the Local Currency. 1.1.4.7 “Interim Payment Certificate’ means a payment certficate issued under Clause 14 [Contract Price and Payment), other than the Final Payment Certificate. 1.1.4.8 “Local Currency" means the currency of the Country. 1.1.4.9. “Payment Certificate” means a payment certificate issued under Clause 14 [ Contract Price and Payment J 4.1.4.10 *Provisional Sum" means a sum (f any) which is specified in the Contract as ‘a provisional sum, for the execution of any part of the Works or for the supply of Plant, Materials or services under Sub-Clause 13.5 [Provisional Sums] 1814 maT ih, ARIS 9 [ak ae BOR EAT AB “RAGES” AEM 10K ALHRKIOMEMR HED, “RIGRO” RAMPS, CLARRIE OL ) ESE BEC, RAE eA A IR HET AH Bde ‘PEER FHLB RRERED, ALARRDMT RACHEL TE) AIRS 10.1 [CAA KH OME EAT AAA, ERE 1.1 BRL eR aH te a Re) GRRE, ST BA SP T(E) A (SE TPLRLAB S113 LWA Me a to ty RO Ae SE BE a OSE KMD) o “AER” KRM 1.9K ANE NRERRES. “H(R)” RTA BIE, “HET RAH 365K. PRS SM” Rit RT TTT LM eT AE AMEE fs BT A A BR HH. “SAR” KR 14K SAH) LE MEOH, ARE wr A lS . “BCR BRIE)” RAR ARR Le (HE Be ) BA AMTK, GHAR AUM KH, WROIA “TEES” RACAL 14.13 RA EH RI RO EB. “FPR” FAG 1411 CRA Re a) EA Ro “ORT” RAPT AS AL AS Ta A Sh AB) OB TELASRO APSE 0 “PAP TRUE” ARTHAS 14 Se [4S ort a) 9 Be a AEE AE BLE HE 6 “SOR” KLARA KH. “AT ARTE SS” HARA 14 Be [Ae LT A a) 9 A aE 0 BET. 1410 “SERB A” HR A ES PL HE eB — ET A). HGS 13.5 KO OME. A Bh A Scie, SUR PRE Re, PAARL. 19NCE 1415 Works and Goods 1.16 Other Definitions 11401 1.4.12 1.154 1152 11.6.4 11.65 1156 1187 11.58 1.1.6.1 1.1.62 1.1.63 11.64 1165 “Retention Money” means the accumulated retention moneys which the Employer retains under Sub-Clause 14.3 (Application for Interim Paymeri Certificates} and pays under Sub-Ciause 14.9 [Payment of Retention Money) “Statement” means a stalement submitted by the Contractor as part of an application, under Clause 14 [Contract Price and Payment], for a payment certificate “Contractor's Equipment” means all apparatus, machinery, vehicles ang other things required for the execution and completion of the Works and the remedying of any detects. However, Contractor's Equipment excludes Temporary Works, Employer's Equipment (f any), Plant, Materials and any other things intended to form or forming part of the Permanent Works. “Goods” means Contractor's Equipment, Materials, Plant and Temporary Works, or any of them as appropriate. "Materials" means things of all kinds (other than Plant) intended to form or forming part of the Permanent Works, including the supply-only materials (f any) to be supplied by the Contractor under the Contract “Permanent Works” means the permanent works to be executed by the Contractor under the Contract. “Plant” means the apparatus, machinery and vehicles intended to form o forming part of the Permanent Works. ‘Section” means a part of the Works specified in the Appendix to Tender as a Section (if any). “Temporary Works" means all temporary works of every kind (other than Contractor's Equipment) requited on Site for the execution and completion of the Permanent Works and the remedying of any defects, “Works” mean the Permanent Works and the Temporary Works, or either of them as appropriate. “Contractor's Documents’ means the calculations, computer Programs and other software, drawings, manuals, models and other documents of a technical nature (if any) supplied by the Contractor under the Contract. “Country” means the country in which the Site (or most of it) is located, where the Permanent Works are to be executed, employer's Equipment” means the apparatus, machinery and vehicles (f any) made available by the Employer for the use of the Contractor in the execution of the Works, as stated in the Specification; but does not include Plant which has not been taken over by the Employer. “Force Majeure" is defined in Clause 19 [Force Majeure]. “Laws" means all national (or state) legislation, statutes, ordinances and other laws, and regulations and by-laws of any legally constituted public authority,11.411 “BRB” AEA ARIS 14.3 LP AE aR a a SEAN RT AR Se, MARNE 14.9 LAR a AE HO A a Ut. 11.412 “HIE” ARABICA ARES 14 [Sw BEA eA aR) 8 A EE AS He a CE oR AR 1s TRA LeL.S.1 “RAL RRA” He HA AHEAD A A BE PRA, BLM, EMILIO. AR Ame ae fH OT BR. MERSMORA), MHRREOMAAL EB aE Be, REHOME. 1.15.2 “RO” AGRO. ON, EPR AR, RE SURE 1.1.5.3 “ROR” RAG RATE MAA TB B97 00 He th Ae), AOA ARAB A ABE RA ELA SLE EIR AT 115.4 AT RAR EB oh AO OA A ELA 115.5 “APRA” AMG HLH MR aR TE Ma AT BRS A. OLB WER. 1.1.5.6 “SLR” ARR BER FO PLE HO RAMS. 115.7 “WAR” AAG SE HG A 9 A ATR A AE PT CE SPIT AG A SR A A HO WT ET “Le” REXALL EMMIS, RMR AS. 11.6 Pte 1.1.6. “RAMOS” AE HT ea Ae LHR TTA SURE RICA AE. FG, FAR. SEAN HE AF CR Aide 1.1.6.2 “CAREBREEDN” ESS HA AT. BE (ARIE AC HP) BE K. “BERG” ATMO TAN MERKN, ROME TL PRAM. MMR); RIE A MIME. 1.1.6.4 “RHR” QM 19 KLAR THA 1X. 1.1.6.5 “ERR” di TA CARIN) OOD AE, AR. te IIE HT A, WL BR AEA 2 he 25 2é 8 3 FORMS 12 Interpretation 13 Communications 14 Law and Language 1.1.6.6 “Performance Security’ means the security (or securities Sub-Clause 4.2 [Performance Security]. if any) under 1.1.6.7 “Site” means the places where the Permanent Works are to be executed land to which Plant and Materials are to be dalivered, and any other places as may be specified in the Contract as forming part of the Sit. 1.1.6.8 “Unforeseeable” means not reasonably foreseeable by an experienced contractor by the date for submission of the Tender. 1.1.6.9 “Variation” means any change to the Works, which is instructed or approved as a variation under Clause 13 [Variations and Adjustments} In the Contract, except where the context requires otherwise: (2) words indicating one gender include all genders; (b) words indicating the singular also include the plural and words indicating the plural also include the singular; () provisions including the word "agree", “agreed” or “agreement” require the agreement to be recorded in writing, and (@) “written or *in writing” means hand-written, type-written, printed or electronically made, and resulting in a permanent record. The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions. Wherever these Conaitions provide for the giving or issuing of approvals, certificates, consents, determinations, notices and requests, these communications shail be: (@) in writing and delivered by hand (against receipt), sent by mail or courier, oF transmitted using any of the agreed systems of electronic transmission as stated in the Appendix to Tender; and (©) delivered, sent or transmitted to the address for the recipient's communications as stated in the Appendix to Tender. However: (if the recipient gives notice of another address, communications shall thereafter be delivered accordingly; and (ij) ifthe recipient has not stated otherwise when requesting an approval or consent, it may be sent to the address from which the request was issued, Approvals, certificates, consents and determinations shall not be unreasonably withheld or delayed. When a certificate is issued to a Party, the certiier shall send a copy to the other Party. When a notice is issued to a Party, by the other Party or the Engineer, a copy shail be sent to the Engineer or the other Party, as the case may be, The Contract shall be governed by the law of the country (or other jurisdiction) stated in the Appendix to Tender. If there are versions of any part of the Contract which are written in more than one language, the version which is in the ruling language stated in the Appendix to Tender shall prevail13 MCR 14 aR 1.1.6.6 “WLSHEDR” RAR ALIEN 4.2 9K ALA de ok) AHR Co HL RRA) » 1.1.6.7 “RG” RG KCKATHMBREPRE SMB, 1 Be Ae A ES 11.6.8 “ARTUR” RS — PAT eA OR A HE HE RR AB. 1.1.6.9 “SES” ARAL 13 LR OEE OME, SHARE ARH, MBE. CAMP, REX PAA BBN: (a) RRMA, SATA Es (b>) MHORRAA, WORMS, RIM: (eo) 48 “AR CRER)”. “BURR 8. REND AAT BBR BMC: (a) “Bi” AL” AES TF. ORT TE, HB Rt AER. EE AUF A RTE A A AF 2 EP SG TE AREA ICE (OA GME MF CB HLS IE, AR ED SaURUHSR, AGH Ge ABN: (a) RAPHE, rh ABR RAGA MCA), MALABAR ITT, ae FSR SOR PH 8) PE AE OF A RR (>) Set, eR ae Hh ARR ER Pe OEE AS BL Ci) ROMA IT 5B SS A A ME BES Gi) RA TEAR ES. FT RA, PT Be AL GSH BE AE, TE, RAE GM RI RIE. He RTE, REMH- OME REG A—H. 4A-HRLIBMB—H RBM Bf, AMAR RAE SE OF AE TI HS Ee DR ABT P RMI A AK) OA SPAM EAA RAR PUL ISAOL, ACORN ate NSH E AE. 23GENERAL 18 Priority of Documents 16 Contract Agreement Wr Assignment 1.8 Care and Supply of Documents 24. ‘The ianguage for communications shall be that stated in the Appendix to Tender. f no language is stated there, the language for communications shall be the language in which the Contract (or most of i) is written. The documents forming the Contract are to be taken as mutually explanatory of one) another. For the purposes of interpretation, the priority of the documents shall be in| accordance with the following sequence: (2) the Contract Agreement ff any), (0) the Letter of Acceptance, (c) the Letter of Tender, (@) the Particular Conditions, (@) these General Conditions, {the Specification, (@) the Drawings, and (p) the Schedules and any other documents forming part of the Contract, an antiquity or decropancyfourdin the docu, ho Ergineor hal ese an necessayGaticeon o ineton ‘The Partias shall enter into a Contract Agreement within 28 days after the Contracto receives the Letter of Acceptance, unless they agree otherwise. The Contrad| ‘Agreement shall be based upon the form annexed to the Particular Conditions. The costs of stamp dutigs and similar charges (if any) Imposed by law in connection wit entry into the Contract Agreement shall be borne by the Employer. Neither Party shall assign the whole or any part of the Contract or any benefit of interest in or under the Contract, However, either Party: (@)__ may assign the whole or any part with the prior agreement of the other Party at the sole discretion of such other Party, and (b) may, as security in favour of a bank or financial institution, assign its right to moneys due, oF to become due, under the Contract. Unless otherwise stated in the Contract, two copies of the Contract and of subsequent Drawing shall be supplied to the Contractor, who may make or further copies at the cost of the Contractor. The Specification and Drawings shall be in the custody and care of the a Each of the Contractors Documents shall be in the custody and care of Contractor, unless and until taken over by the Employer. Unless otherwise stated the Contract, the Contractor shall supply to the Engineer six copies of each of Contractor's Documents. ‘The Contractor shall keep, on the Site, a copy of the Contract, publications named the Specification, the Contractor's Documents (if any), the Drawings and Varia and other communications given under the Contract. The Employer's Personnel have the right of access to all these documents at all reasonable times. If @ Party becomes aware of an error or defect of a technical nature in a docu which was prepared for use in executing the Works, the Party shall promptly gi notice to the other Party of such error or defect.td 1s ARE 7 Baw 1a TA ARE GE MAK ARR BA RPEEMA. MR, MA CIE KD) GS FAI RAR KRU WR TRA, NT ERA A, SC PRA ER FRE: (a) SBR RA), (>) eR, (c) Shi, (a) SFA, Ce) BRR, (ft) RE, () BR, Ch) BER eH eA FLL BS FEU BUSA RABE Be, TRB EU EH HE TR REBAR, RATEROM A PRB 28 AASEAA MRE. & PADUA TN Sk A. AEE IL, NE MEMO ENTE BLAS (OL OR SOUR AT), ca CH. FETA EL EAE fT RSD, BRS A AE PARA MILA. IEF: (a) EBB ERE AF RGEC BS, PT aR AB Dy ¥eiks BY APE Hs LAA AT Re A SE aA HR A PRA AE 2 4 (05 BA HS LH He SO HALA 0) RONNCN MERAH. RECA PHARE Me Raw— se BBY ES PS SC A A se AT OR AR (eae He A) eR REO 7 OP AR OC a AR A RF ae PF 45 IM, AR — RN ER ICH ARAL ite BH Ge TF — DA He % HC Ai), PR, FEE, A A A PE A A BAS ER a TAT EH USD RA Ia TTL 9 A AE EL I RRM BH 25cua FORMS 19 Delayed Drawings or Instructions 1.10 Employer's Use of Contractor's Documents an Contractor's Use of Employer's Documents 26 ‘The Contractor shall give notice to the Engineer whenever the Works are likely to be delayed or disrupted if any necessary drawing or instruction is not issued to the Contractor within a particular time, which shall be reasonable. The notice shall include details of the necessary drawing or instruction, details of why and by when it should be issued, and details of the nature and amount of the delay or disruption likely to be suffered if itis late. It the Contractor sutfers delay and/or incurs Cost as a result ofa fallure of the Engineer 10 issue the notified drawing or instruction within a time which is reasonable and is specified in the notice with supporting detaifs, the Contractor shall give a further notice 10 the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Ciaims| to: (2) an extension of time for any such delay, if completion is or will be dotayad, Under Sub-Clause 8.4 [Extension of Time for Completion], and {b) payment of any such Cost plus reasonable profit, which shall be included in the Contract Price. Aer receiving this further notice, the Engineer shall proceed in accordance with Sub Clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Engineer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or profit ‘As between the Parties, the Contractor shall retain the copyright and other intellectual property rights in the Contractor's Documents and other design documents made by (or on behatt of the Contractor. The Contractor shail be deerned (by signing the Contract) to give to the Employer a non-terminable transferable non-exclusive royalty-free licence to copy, use and ‘communicate the Contractor's Documents, including making and using modifications of them. This licence shall (@) apply throughout the actual or intended working lfe (whichever is longer) of the relevant parts of the Works, (0) entitle any person in proper possession of the relevant part of the Works to copy, use and communicate the Contractor's Documents for the purposes of completing, operating, maintaining, altering, adjusting, repairing and demolishing the Works, and (©) _ in the case of Contractor's Documents which are in the form of computer programs and other software, permit their use on any computer on the Site and other places as envisaged by the Contract, including replacements of any ‘computers supplied by the Contractor. ‘The Contractor's Documents and other design documents made by (or on behalf of ‘the Contractor shall not, without the Contractor's consent, be used, copied or ‘communicated to a third party by (or on behalf of) the Employer for purposes other ‘than those permitted under this Sub-Clause. ‘As between the Parties, the Employer shal retain the copyright and other intelectual property rights in the Specification, the Drawings and other documents made by (or on behatf of) the Employer. The Contractor may, at his cost, copy, use, and obtain communication of these documents for the purposes of the Contract. They shall not,