Professional Documents
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Barr Grutters 2015 Fidic Quick Reference Guide Pink Book
Barr Grutters 2015 Fidic Quick Reference Guide Pink Book
ISBN 978-0-7277-6042-5
Emp Consider including the amendments in the General Conditions of the Pink Book 2010.
Comments Preliminary paragraph to 58 defined terms that, when used in text, must be capitalised (except
for ‘day’ and ‘year’). They apply to the General Conditions as well as the Particular Conditions.
Indicated persons include corporations, companies and other legal entities, except where context
requires otherwise.
Comments The definitions states that the Contract includes such documents as the Contract Agreement, the
Letter of Acceptance, the Letter of Tender, the Specification, the Drawings, the Schedules and
further documents that are listed in the Contract Agreement or the Letter of Acceptance.
Linked SC 1.1.1.2, 1.1.1.3, 1.1.1.4, 1.1.1.5, 1.1.1.6, 1.1.1.7, 1.1.1.8, 1.5, 1.6, 1.8, 3.1, 4.1, 7.1, 7.2, 7.3,
7.4, 8.1, 9.1, 9.2, 9.3, 9.4, 13.6, 13.7, 19.7
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FIDIC Quick Reference Guide: Pink Book
Emp Within 28 days after the Contractor has received the Letter of Acceptance.
Con Within 28 days after the Contractor has received the Letter of Acceptance.
Linked SC 1.1.1.1, 1.1.1.3, 1.5, 1.6, 1.8, 11.10, 14.7, 14.8, 14.15, 16.2
Emp Issue this document as formal confirmation of acceptance of the Contractor’s offer for the
Works.
Comments This is the formal written acceptance by the Employer of the Contractor’s Letter of Tender,
including any annexed memoranda signifying additional signed agreements between the Parties.
In the absence of such a Letter of Acceptance, the definition refers to the Contract Agreement.
Linked SC 1.1.1.1, 1.1.1.2, 1.1.1.4, 1.1.4.1, 1.5, 1.6, 1.8, 4.2, 8.1, 14.7, 18.1.
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FIDIC Quick Reference Guide: Pink Book
Con Attach this to the formal signed offer for the Works.
Con Within the time stated as the due date for submission of a formal offer for the Works.
Con Carefully study this document in order to fully understand the required scope of the Works.
Eng Fully understand this document in order to effectively manage the project.
Time to act
Comments This document is an essential part of the Red Book Contract, as it specifies the requirements of
the Works and provides the explicit tests that must be satisfied for compliance.
It shall state that it is the ‘Specification’.
It shall be included in the Contract.
Linked SC 1.1.1.1, 1.1.6.3, 1.5, 1.8, 1.9, 1.11, 1.13, 2.1, 4.1, 4.6, 4.18, 4.19, 4.20, 6.1, 6.2, 6.3, 6.4, 6.5,
6.6, 6.7, 6.8, 6.11, 7.4, 7.8, 17.5
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FIDIC Quick Reference Guide: Pink Book
Con Carefully study this document in order to fully understand the required scope of the Works.
Eng Fully understand this document in order to effectively manage the project.
Time to act
Con Together with submission of the formal offer for the Works.
Comments This document may include Bill of Quantities, data, lists and Schedules of Rates and/or Prices.
It shall state that it is a ‘Schedule’.
It shall be included in the Contract.
Linked SC 1.1.1.1, 1.1.1.4, 1.1.1.7, 1.1.1.8, 1.1.1.9, 1.1.1.10, 1.5, 12.2, 14.1
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FIDIC Quick Reference Guide: Pink Book
Comments Definition only. It means the Letter of Tender plus all the other documents submitted by the
Contractor as part of his formal offer for the Works.
Con Complete remaining sections of these documents and submit them together with the Letter of
Tender.
Con Together with submission of the formal offer for the Works.
Comments It shall state that it is a ‘Bill of Quantities’, ‘Daywork Schedule’ or ‘Schedule of Payment
Currencies’.
It shall be included in the Contract.
Linked SC For Bill of Quantities, refer to SC 1.1.1.7, 12.2, 12.3 and 14.1.
For Daywork Schedule, refer to SC 13.6.
For Schedule of Payment Currencies, refer to SC 14.15.
See also 1.1.1.4, 1.1.2.2, 1.1.2.3, 1.1.2.4, 1.8, 8.1, 8.2, 8.4, 8.6, 8.7, 10.3, 13.4, 13.8, 14.2,
14.5.
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FIDIC Quick Reference Guide: Pink Book
Emp Complete this document to your requirements before submitting it as part of the ‘request for
tender package’.
Linked SC 1.1.1.7, 1.1.1.8, 1.1.2.2, 1.1.2.4, 1.1.2.11, 1.1.2.12, 1.1.3.3, 1.1.3.7, 1.1.5.6, 1.2, 1.3, 1.4, 2.1,
3.1, 4.2, 6.5, 8.1, 8.7, 13.3, 13.5, 13.8, 14.2, 14.3, 14.4, 14.6, 14.15, 17.6, 18.1, 18.2, 18.3,
20.2, 20.3, 20.5
Comments Definition only. Refers to either the Employer or the Contractor, as the context requires.
Linked SC 1.3, 1.7, 1.8, 1.10, 1.11, 3.1, 3.5, 4.1, 11.6, 11.10, 17.5, 17.6, 18.1, 18.2, 18.3, 19.1, 19.2,
19.3, 19.6, 19.7, 20.2, 20.3, 20.4, 20.6, 20.7
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FIDIC Quick Reference Guide: Pink Book
Comments Defines the Employer as named in the Contract Data, or his legal successor in title.
Emp Ensure that the relevant section in the Contract Data is completed.
Con Ensure that the relevant section in the Contract Data is completed.
Comments Defines the Contractor who submitted a formal offer accepted by the Employer, and as named in
the Contract Data, or his legal successor in title.
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FIDIC Quick Reference Guide: Pink Book
Emp Ensure that the relevant section in the Contract Data is completed.
Emp Before submitting the request for tender, or at the latest upon award of tender.
Comments Refers to the Engineer appointed by the Employer and as named in the Contract Data. May be
replaced after award in accordance with SC 3.4 [Replacement of the Engineer].
Con Name a representative to act on your behalf for inclusion in the Contract.
Eng Consider your consent to the Contractor’s intention to appoint, revoke or replace his
representative in accordance with SC 4.3.
Time to act
Eng As soon as possible after Contractor’s request to appoint, revoke or change your representative.
Comments Engineer’s consent (or by implication disapproval) shall not be unreasonably delayed or withheld
in accordance with SC 1.3.
Linked SC 1.1.2.7, 1.3, 1.4, 1.5, 3.2, 3.3, 4.3, 4.5, 4.6, 4.12, 4.24, 6.9, 7.2, 7.6, 8.10, 8.12, 9.1, 11.1,
12.1, 12.4, 13.1, 13.3, 13.5, 13.6, 15.2, 16.3, 20.1
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FIDIC Quick Reference Guide: Pink Book
Emp Employer (or Engineer) to notify the Contractor of all persons that are to be included under this
definition.
Comments The definition includes the Engineer and the Engineer’s assistants referred to in SC 3.2 (no
notification required).
Can also be persons not necessarily related to the Employer or the Engineer.
Linked SC 1.8, 2.3, 3.2, 4.6, 4.22, 6.3, 6.6, 6.7, 7.3, 8.3, 8.4, 9.2, 17.1, 17.3, 18.1, 18.4
Linked SC 1.1.2.5, 1.1.2.8, 1.1.6.7, 1.3, 4.1, 4.3, 4.4, 4.5, 4.15, 4.17, 4.20, 4.21, 4.22, 4.23, 4.24, 6.4,
6.6, 6.7, 6.9, 6.10, 6.11, 8.3, 8.6, 13.6, 15.2, 17.1, 17.3, 18.3, 18.4, 19.1
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FIDIC Quick Reference Guide: Pink Book
Eng As soon as possible after the Contractor’s request for consent of subcontractors not named in the
Contract.
Linked SC 1.1.2.7, 4.4, 4.5, 4.21, Clause 5, 8.3, 13.5, 15.2, 17.3, 18.4, 19.1, 19.5
10
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FIDIC Quick Reference Guide: Pink Book
Comments Spells out the full name of the acronym: Fédération Internationale des Ingénieurs-Conseils.
Linked SC 1.1.1.10, 1.15, 2.4, 4.1, 14.7, 15.6, 16.1, 16.2, 20.6
11
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FIDIC Quick Reference Guide: Pink Book
12
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FIDIC Quick Reference Guide: Pink Book
Linked SC 1.1.1.10, 1.1.3.2, 1.1.5.6, 1.9, 2.1, 4.7, 4.12, 4.24, 7.4, 8.2, 8.4, 8.5, 8.6, 8.7, 8.9, 10.1, 10.3,
13.3, 13.7, 13.8, 16.1, 17.4, 19.4, 20.1
13
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FIDIC Quick Reference Guide: Pink Book
Linked SC 1.1.5.6, 4.1, 8.2, 9.1, 9.2, 9.3, 9.4, 10.1, 10.2, 10.3, 13.1
Linked SC 4.21, 4.23, 6.10, 8.7, 9.4, 10.1, 10.2, 10.3, 10.4, 11.1, 11.2, 11.4, 13.1, 14.2, 14.4, 14.6, 14.9,
14.10, 14.14, 17.2, 18.2
14
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FIDIC Quick Reference Guide: Pink Book
Comments Tests specified in the Contract to be carried out under Clause 12 after the Works have been
taken over by the Employer.
Emp Ensure that the relevant period is included in the Contract Data.
Comments Period after taking over as per SC 10.1 for notifying defects under SC 11.1.
Can be for the Works or a Section.
Period must be stated in the Contract Data.
Period can be extended by the Employer subject to SC 2.5.
Linked SC 1.1.5.6, 2.5, 3.5, 4.5, 4.23, 8.2, 10.2, 10.3, 11.1, 11.2, 11.3, 11.4, 11.9, 14.9
15
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FIDIC Quick Reference Guide: Pink Book
Eng Within 28 days after the end of the Defects Notification Period, or as soon thereafter as the
Contractor has complied with all obligations under the Contract.
Comments None.
Linked SC 4.2, 11.7, 11.9, 11.10, 11.11, 14.11, 14.12, 14.13, 18.2, 18.3
16
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FIDIC Quick Reference Guide: Pink Book
Comments Definition only, stating that it is the amount that the Parties at the start of the Contract agreed as
the total price for the execution and Completion of the Works and the remedying of any defects.
Comments Definition only, stating that it is the price for the Works (at any given time), taking into account
any adjustments to the Accepted Contract Amount in accordance with the Contract at such
times.
It is, in principle, a sum calculated by measurement, and is usually based on a priced Bill of
Quantities.
Linked SC 1.1.4.6, 1.1.4.7, 1.1.4.9, 1.1.4.12, 1.9, 2.1, 2.4, 2.5, 4.7, 4.12, 4.24, 5.3, 7.4, 8.3, 8.9, 9.4,
10.2, 10.3, 11.4, 11.8, 12.3, 12.4, 13.2, 13.3, 13.4, 13.5, 13.7, 13.8, 14.1, 14.3, 14.4, 14.9,
14.15, 16.1, 17.4, 18.1
17
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FIDIC Quick Reference Guide: Pink Book
Comments Definition only, stating that ‘Cost’ means all expenditure reasonably incurred (or to be incurred)
by the Contractor, excluding profit.
It excludes the costs incurred by the Employer in case of Employer claims under SC 2.5.
Linked SC 1.1.6.7, 1.9, 2.1, 2.5, 4.6, 4.7, 4.12, 4.24, 7.4, 8.9, 10.2, 10.3, 11.8, 12.3, 13.2, 13.3, 13.4,
13.7, 13.8, 14.3, 14.5, 14.9, 16.1, 17.4, 19.4, 19.6
18
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FIDIC Quick Reference Guide: Pink Book
Con Submit a draft final statement, in six copies, with supporting documents, to the Engineer.
Con Within 56 days after receiving the Performance Certificate. Refer to SC 11.9.
Emp Ensure that you are able to comply with variable currencies.
Con May need certain currencies to better procure certain plant or materials.
Comments Defines all currencies that the Parties agreed for the Contract Price to be paid in, except ‘Local
Currency’ (refer to SC 1.1.4.8).
Parties to carefully consider the apportionments of the various currencies (e.g. impact of
exchange-rate fluctuations).
Particularly refer to SC 14.15.
19
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FIDIC Quick Reference Guide: Pink Book
Con Apply with a Statement (refer to SC 1.1.4.12), in six copies, at the end of each month.
Eng You cannot issue an Interim Payment Certificate until the Employer has received and approved
the Performance Security as per SC 4.2.
Time to act
Linked SC 1.1.4.2, 1.1.4.4, 1.1.4.9, 1.1.4.11, 1.1.4.12, 4.2, 12.3, 13.6, 13.8, 14.2, 14.3, 14.4, 14.5, 14.6,
14.7, 14.8, 14.10, 14.11, 14.15, 16.1, 16.2, 19.6, 20.1
Comments Definition only, stating that it shall be the currency of the Country as defined by SC 1.1.6.2.
20
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FIDIC Quick Reference Guide: Pink Book
Comments Collective term for any Payment Certificate (interim or final) issued in accordance with Clause 14.
Linked SC 1.1.4.2, 1.1.4.4, 1.1.4.7, 1.1.4.12, 2.5, 4.12, 5.4, 13.8, 14.1, 14.2, 14.3, 14.4, 14.5, 14.6, 14.7,
14.8, 14.10, 14.11, 14.13, 14.15, 16.1, 16.2, 19.6, 20.1
Emp Consider if Provisional Sums are necessary for the effective execution of the project.
Con Only applicable if instructed by the Engineer, and if there is an amount specified in the Contract
as a Provisional Sum.
Con As applicable.
Eng As applicable.
Comments None.
21
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FIDIC Quick Reference Guide: Pink Book
Emp Percentage and limit of retention are to be inserted in the Contract Data.
Con Check the Contract Data and SC 14.3 and 14.9 for details that might have an effect on the
tender price.
Comments None.
Con Check for detailed requirements before submitting a Statement. Refer to Clause 14.
Eng Check for contractual compliance when receiving the Statement from the Contractor.
Time to act
Linked SC 1.1.4.5, 14.2, 14.3, 14.6, 14.7, 14.10, 14.11, 14.12, 14.13, 14.14, 16.2(b)
22
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FIDIC Quick Reference Guide: Pink Book
Comments All things required by the Contractor to complete the Works other than Temporary Works and
those things intended to be or forming part of the Permanent Works.
Linked SC 1.1.5.2, 1.1.5.3, 1.1.5.4, 1.1.5.5, 1.1.5.7, 1.1.6.3, 2.2, 4.6, 4.17, 4.23, 6.10, 8.3, 11.11, 13.6,
15.2, 15.5, 16.3, 18.1, 18.2, 18.3, 19.6
Comments Definition only of Contractor’s Equipment, Materials, Plant and Temporary Works.
Take particular attention of SC 4.16 [Transport of Goods].
Linked SC 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.7, 1.1.6.7, 2.2, 3.2, 4.1, 4.4, 4.6, 4.10, 4.16, 4.17, 4.20,
4.21, 4.23, Clause 7, 8.4, 8.6, 8.9, 8.10, 8.12, 9.1, 11.2, 11.3, 11.4, 11.5, 13.1, 13.5, 13.6,
13.8, 14.3, 14.4, 14.5, 15.2, 15.3, 16.3, 17.2, 17.3, 17.4, 18.2, 19.1, 19.6
23
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FIDIC Quick Reference Guide: Pink Book
Comments Definition only of all things intended to form part of the Permanent Works.
Linked SC 1.1.4.10, 1.1.5.1, 1.1.5.2, 1.1.5.4, 1.1.5.5, 1.1.6.7, 2.2, 3.2, 4.1, 4.4, 4.6, 4.10, 4.16, 4.17,
4.20, 4.21, 4.23, Clause 7, 8.4, 8.6, 8.9, 8.10, 8.12, 9.1, 11.2, 11.3, 11.4, 11.5, 13.1, 13.5,
13.6, 13.8, 14.3, 14.4, 14.5, 15.2, 15.3, 16.3, 17.2, 17.3, 17.4, 18.2, 19.1, 19.6
Comments Definition only of all permanent work carried out under the Contract.
Linked SC 1.1.5.1, 1.1.5.3, 1.1.5.5, 1.1.5.7, 1.1.5.8, 1.1.6.2, 1.1.6.7, 1.13, 4.1, 6.6, 10.2, 12.1, 12.2, 13.1,
13.2, 14.5, 17.3, 18.3
24
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FIDIC Quick Reference Guide: Pink Book
Comments Definition only of all things other than material intended to form part of the Permanent Works.
Take particular attention of SC 4.16 [Transport of Goods]
Linked SC 1.1.4.10, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.4, 1.1.6.3, 1.1.6.7, 2.1, 3.2, 4.1, 4.16, 4.21, 7.1, 7.3,
7.4, 7.5, 7.6, 7.7, 8.3, 8.10, 8.12, 9.1, 11.2, 11.3, 11.4, 11.5, 12.4, 13.1, 13.5, 13.6, 14.3,
14.4, 14.5, 16.3, 18.2, 19.6(b)
Emp If it is intended to split the Site into Sections, then it should be specified in the Contract Data.
Linked SC 1.1.1.10, 1.1.3.3, 1.1.3.4, 1.1.3.6, 1.1.3.7, 4.1, 8.2, 8.4, 9.1, 9.3, 9.4, 10.1, 10.2, 10.3, 10.4,
11.1, 11.3, 14.9, 17.2, Contract Data
25
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FIDIC Quick Reference Guide: Pink Book
Comments Definition only of all Temporary Works required to execute the Permanent Works.
Linked SC 1.1.5.1, 1.1.5.2, 1.1.5.4, 1.1.5.8, 1.1.6.7, 4.1, 4.6, 4.8, 4.17, 4.23, 11.11, 13.6, 15.2, 19.6
26
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FIDIC Quick Reference Guide: Pink Book
Con Prepare all documents as specified in the Specifications, plus any other documents considered
necessary for the execution of the Works.
Con As applicable.
Linked SC 1.1.1.6, 1.8, 1.9, 1.10, 2.1, 4.1, 4.6, 4.21, 8.3, 11.1, 11.9, 14.3, 15.2, 15.3, 16.3, 17.2, 17.4,
18.2
Comments Definition only, referring to the country where the Permanent Works (or most of it) are executed.
Linked SC 1.1.4.8, 1.1.5.4, 1.1.6.7, 1.4, 2.2, 4.2, 4.10, 6.2, 7.7, 8.5, 13.7, 13.8, 14.2, 14.5, 14.15, 17.3,
18.2, 19.4, 19.6
27
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FIDIC Quick Reference Guide: Pink Book
Comments Means all things made available by the Employer for the Contractor’s use during project
execution.
Linked SC Clause 19
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FIDIC Quick Reference Guide: Pink Book
Comments Definition referring to all national (or state) legislation, regulations, by-laws, etc.
Linked SC 1.4, 1.6, 1.13, 1.14, 2.2, 3.2, 4.10, 4.18, 6.4, 6.11, 7.7, 13.7, 15.2, 16.2, 19.7, 20.6, 20.7
Linked SC 2.1, 4.2, 11.5, 14.2, 14.6, 14.7, 14.12, 15.2, 15.5, 16.4
29
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FIDIC Quick Reference Guide: Pink Book
Comments Place(s) where the Permanent Works are to be executed, or other specified places, including
storage and working areas.
Linked SC 1.1.2.7, 1.1.4.3, 1.1.5.2, 1.1.5.3, 1.1.5.4, 1.1.5.5, 1.1.5.7, 1.1.6.2, 1.8, 1.10, 2.1, 2.2, 2.3, 4.1,
4.3, 4.4, 4.6, 4.8, 4.10, 4.11, 4.12, 4.13, 4.15, 4.16, 4.17, 4.18, 4.19, 4.21, 4.22, 4.23, 4.24,
6.2, 6.5, 6.7, 6.9, 6.10, 6.11, 7.3, 7.6, 7.7, 7.8, 8.3, 8.4, 8.10, 11.4, 11.5, 11.11, 14.5, 15.2,
16.3, 18.2, 19.6, 20.1, 20.4
Linked SC 1.1.1.8, 3.5, 4.6, 4.12, 7.6, 8.4, 8.5, 17.3, 20.1
30
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FIDIC Quick Reference Guide: Pink Book
Con As applicable.
Eng As applicable.
Linked SC 1.8, 3.3, 3.5, 4.6, 4.12, 4.21, 7.2, 7.4, 8.3, 8.4, 8.11, 11.2, 12.3, 12.4, Clause 13, 14.3, 20.1
31
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FIDIC Quick Reference Guide: Pink Book
Emp Include clear lines of communication in tender documents which result in permanent, written
records.
Con Ensure clear lines of communication take account of the need for all agreements to be in writing.
Eng Set out clear instructions on how communication between the Parties will be performed.
Time to act
Comments General clause on how specific text is to be interpreted, including gender issues and plural versus
singular. In addition, agreements should be in writing, meaning hand-written, type-written,
printed or electronically made, resulting in a permanent record.
Email is not specifically mentioned, and it does not necessarily make a permanent record.
Emp Ensure communications comply with agreed formats and that notices are copied to the Engineer.
Con Ensure communications comply with agreed formats and that notices are copied to either the
Employer or Engineer as the relevant notice dictates.
Eng Ensure communications comply with agreed formats and that notices are copied to either the
Contractor or Employer as the relevant notice dictates.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments It is important to agree the means of communication prior to the Commencement Date. If email
communication is to be used, it must be agreed beforehand.
Linked SC 1.1.2.1, 1.1.2.5, 1.1.2.7, 1.4, 1.9, 1.14, 2.1, 2.2, 3.4, 3.5, 4.1, 4.3, 4.4, 4.7, 4.12, 4.16, 4.21,
4.24, 6.5, 8.3, 8.5, 8.8, 8.9, 8.10, 8.11, 8.12, 9.1, 9.2, 9.3, 9.4, 11.5, 11.6, 11.8, 12.4, 13.1,
13.7, 14.3, 15.1, 15.2, 15.5, 15.6, 16.1, 16.2, 16.3, 17.4, 17.5, 19.2, 19.3, 19.4, 19.7, 20.1,
20.4, 20.5, Contract Data
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FIDIC Quick Reference Guide: Pink Book
Eng As applicable.
Comments The Law is the Law of the Country, and the ruling land communications language shall be stated
in the Contract Data.
Linked SC 1.1.1.10, 1.1.2.5, 1.1.6.2, 1.1.6.5, 1.2, 1.3, 2.4, 3.2, 4.3, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8,
6.11, 13.7, 15.2, 15.5, 15.6, 16.2, 16.3, 19.7
Emp Consider the order of documents required, and ensure there is no repetition of information.
Con Inform the Engineer if there is an ambiguity or discrepancy within the Contract documents.
Eng As applicable.
Comments Under (h), if there are any other documents that are to form part of the contractual documents,
they should be clearly marked as such.
Linked SC 1.1.1.1, 1.1.1.2, 1.1.1.3, 1.1.1.4, 1.1.1.5, 1.1.1.6, 1.1.1.7, 1.1.2.5, 1.6, 1.8, 3.3, 4.3
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Comments Here the Parties contractually agree that they will enter into a Contract Agreement.
Note that, under SC 1.5, the highest priority document is the Contract Agreement, but this can
be optional. This is a potential ambiguity, and clarification should be sought prior to signing the
Contract.
Emp If the Employer wishes to assign the whole or part of the Contract he must seek agreement with
the Contractor.
Con If the Contractor wishes to assign the whole or part of the Contract he must seek agreement
with the Contractor.
Eng No specific action is required.
Time to act
Comments Assigning the Contract can only be done with the prior sole discretionary approval of the other
party.
Rights to monies under the Contract may be assigned in order to obtain securities from a bank or
other financial institution.
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Emp As applicable.
Con As applicable.
Eng As applicable.
Comments The actual wording of the sub-clause does not state that the Employer, upon discovering an error
or mistake in a document prepared by him, shall give guidance (e.g. instruction) on how to deal
with that error or mistake.
Linked SC 1.1.1.1, 1.1.1.2, 1.1.1.3, 1.1.1.5, 1.1.1.6, 1.1.1.9, 1.1.1.10, 1.1.2.1, 1.1.2.6, 1.1.6.1, 1.1.6.7,
1.1.6.9, 1.5, 1.10, 1.11, 1.12, 2.3, 6.10, 8.3, 17.2, 17.5
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If the Drawing or instruction does not arrive within the reasonable time quoted in the initial
notice, and this is not as a result of any failure of the Contractor, a second notice shall be given
in accordance with this sub-clause, and Sub-Clause 20.1 [Contractor’s Claims] procedures may be
followed (double notification).
Eng Ensure that the Drawings and instructions are delivered on time.
If the Contractor issues a second notice stating that the Drawings or instructions have not been
delivered within a reasonable time and that the Contractor has suffered delay and/or incurred
cost as a result of the failure to issue the relevant Drawing or instruction, then proceed in
accordance with Sub-Clause 3.5 [Determinations].
Emp As applicable.
Time to act
Con First notice promptly on finding error (refer also to SC 1.3). Second notice under SC 20.1 to be
within the time-bar (28 days).
Eng In relation to actions under SC 3.5, refer to SC 1.3 (i.e. the determination shall not be
unreasonably withheld).
Linked SC 1.1.1.5, 1.1.1.6, 1.1.3.3, 1.1.4.2, 1.1.4.3, 1.1.6.1, 1.11, 3.5, 4.6, 4.7, 4.10, 4.11, 4.12, 4.13,
4.15, 4.18, 4.19, 4.20, 6.1, 6.6, 7.8, 8.3, 8.4, 9.1, 14.1, 17.5, 20.1
Con By signing the Contract, you give the Employer the right to copy, use and transfer the
Contractor’s Documents.
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Emp By signing the Contract, you give the right to the Contractor to copy, use and transfer the
Employer’s Documents.
Con You may copy, use and communicate the Employer’s Documents for the purposes of completing
the Works.
Eng No specific action to be taken.
Time to act
Con Disclose all confidential information reasonably requested by the Engineer, for him to verify
compliance with the Contract.
Con As applicable.
Eng As applicable.
Comments This sub-clause relies on the integrity of the Engineer to request only such information as is
necessary to verify the Contractor’s compliance with the Contract. Having obtained such
information, the Engineer has an obligation to keep it confidential.
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Particular Conditions, and all other permissions as stated in the Specification. You must indemnify
the Contractor against your failure to do so.
Con Comply with applicable laws, but check the Particular Conditions and the Specification for special
requirements.
Obtain all other permits, etc., other than those obtained by the Employer.
Eng Check for compliance by the Contractor.
Time to act
Emp As applicable.
Con As applicable.
Comments Prior to letting the Contract, it is advisable to make a list of specific statutory permissions and
duties that are to be the responsibility of the Contractor and those that are to be the
responsibility of the Employer. This is necessary to avoid misunderstandings and subsequent
potential disputes.
Comments The composition of any grouping can only be changed with the consent of the Employer (refer to
SC 1.3 – in writing).
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Con If requested, allow access to the Site, accounts and records by the Bank or its auditors.
Con As required.
Emp As required.
Time to act
Comments A site inspection should be carried out by the Parties, followed by a formal signing of a Hand-
Over Document.
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Emp Assist the Contractor with obtaining copies of the Laws of the Country, permits, and licences
etc., as per SC 1.13, or otherwise in connection with the Contract.
Eng Coordinate between the Parties in the event that assistance is required.
Time to act
Eng As required.
Comments Reasonable assistance shall be given to enable the Contractor to obtain any necessary approvals.
The local knowledge and influence of the Employer within local communities and government
agencies frequently place the Employer in a strong position to assist the Contractor to obtain
various licenses and approvals.
[Co-operation]. The Employer’s Personnel and other contractors have similar obligations as the
Contractor under SC 4.8(a, b and c) [Safety Procedures] and SC 4.18 [Protection of the
Environment].
Con Keep records in case it is not clear who was in default of SC 4.6, 4.8 and/or 4.18.
Check the definition of Employer’s Personnel under SC 1.1.2.6.
Eng Keep records in case it is not clear who was in default of SC 4.6, 4.8 and/or 4.18.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments It is always problematic to determine exactly who did what when there is more than one party on
Site at the same time. Therefore, good records are important!
Linked SC 1.1.2.6, 1.1.6.7, 1.8, 4.6, 4.8, 4.18, 4.22, 6.3, 6.6, 6.7, 7.3, 8.3, 8.4, 9.2, 17.1, 17.3, 18.1, 18.4
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Emp Within 28 days after having been requested by the Contractor (refer to SC 1.3 – in writing).
Comments The notification of change is not sanctioned, so possible remedy for failure by the Employer may
be through the courts. There is also no clear definition of a ‘material’ change.
Linked SC 1.1.11, 1.1.12, 1.1.4.2, 1.3, 1.4, 11.10, Clause 14, 16.1, 16.2
A notice is not required for SC 4.19 [Electricity, Water and Gas], SC 4.20 [Employer’s Equipment
and Free-Issue Material] or other services specifically requested by the Contractor.
Con Check that the notice contains the basis of the claim, plus substantiation of monies claimed or
extension of the Defects Notification Period.
Eng May also submit a notice to the Contractor.
After notice, proceed in accordance with SC 3.5 to determine the amount payable and/or the
extension of the Defects Notification Period.
Time to act
Con As applicable.
Eng As applicable.
Linked SC 1.1.3.7, 1.1.4.2, 3.1, 3.5, 4.2, 4.19, 4.20, 4.21, 7.5, 7.6, 8.6, 8.7, 9.4, 11.2, 11.3, 11.4, 11.11,
12.3, 14.1, 14.3, 15.4, 16.2, 17.5, 18.1, 18.2, 20.1, 20.4
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Emp Preferably before signing the Contract, but this is not expressly required.
Con As applicable.
Comments When the Engineer exercises a task that requires prior approval by the Employer, approval is
deemed to have occurred.
Linked SC 1.1.1.1, 1.1.1.10, 1.1.2.1, 1.1.2.4, 2.5, 3.2, 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.9,
4.12, 4.16, 4.17, 4.19, 4.20, 4.21, 4.22, 4.23, 4.24, 5.1, 5.4, 6.5, 6.7, 6.9, 6.10, 7.2, 7.3, 7.4,
7.5, 7.6, 7.8, 8.1, 8.3, 8.4, 8.6, 8.8, 8.9, 8.10, 8.11, 8.12, 9.1, 9.2, 9.3, 9.4, 10.1, 10.2, 10.3,
11.1, 11.4, 11.6, 11.8, 11.9, 12.2, 12.11, 13.1, 13.2, 13.3, 13.5, 13.6, 13.7, 13.8, 14.2, 14.3,
14.4, 14.5, 14.6, 14.7, 14.9, 14.10, 14.11, 14.12, 14.13, 15.1, 15.2, 15.3, 16.1, 16.2, 16.3,
17.4, 18.1, 18.4, 19.4, 19.6, 20.1, 20.4, 20.6
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Con As applicable.
Eng As applicable.
Comments The Engineer cannot delegate his authority under SC 3.5 without the express agreement of both
the Employer and the Contractor.
Assistance with delegated authority or assigned duties shall be properly qualified (also Language,
as in SC 1.4).
Any act by such an assistant is interpreted as if it was done by the Engineer.
Linked SC 1.1.2.4, 1.1.2.5, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.5, 1.4, 3.1, 3.3, 3.5, 4.3, 7.2, 7.3, 7.4, 7.5, 7.6,
8.1
Con Must comply with any instruction given by the Engineer, or an assistant with such delegated
powers (refer to SC 3.2).
Check for proper delegation when an assistant gives instruction.
However, if the instruction constitutes a Variation, Clause 13 shall apply.
Under SC 13.1, the Contractor may be able to refuse to carry out the instruction.
Eng Instructions must be in writing and in accordance with the Contract.
Time to act
Con As applicable.
Eng As applicable.
Comments The Engineer may instruct the Contractor at every stage of the project, demanding additional
drawings or for drawings to be changed, if he is of the opinion that such instructions are
necessary with regard to the execution of the project.
If the Employer wants or needs to instruct a matter to the Contractor, he shall instruct the
Engineer to do it for him under this sub-clause.
Linked SC 1.1.1.6, 1.1.2.4, 1.1.2.5, 1.1.6.9, 1.5, 3.1, 3.2, 4.3, 4.5, 4.6, 4.12, 4.24, 5.1, 7.2, 7.4, 7.5, 7.6,
8.6, 8.8, 8.9, 8.10, 8.11, 8.12, 9.1, 11.1, 12.4, 13.1, 13.3, 13.5, 13.6, 15.2, 16.3, 20.1, 20.4, 20.6
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Emp Notify the Contractor with details of the intended replacement Engineer (refer to SC 1.3 – in
writing).
Con You may raise reasonable objection by giving notice, with supporting particulars (refer to SC 1.3
– in writing).
Eng No specific action is required.
Emp Notify the Contractor with details of the intended replacement Engineer (refer to SC 1.3 – in
Time to act
writing).
Con You may raise reasonable objection by giving notice with supporting particulars (refer to SC 1.3 –
in writing).
Eng No specific action is required.
Comments An Employer should give careful consideration to changing the Engineer during the lifespan of
the Contract. The Contractor has the opportunity to object to any particular appointment, so co-
ordination at an early stage would be useful. Objections by the Contractor should be carefully
judged, and not made lightly.
Emp As applicable.
Con As applicable.
Comments Parties shall comply with each determination unless and until revised under Clause 20 [Claims,
Disputes and Arbitration].
Note that the word ‘determination’ is not a defined term under the Contract.
Linked SC 1.1.2.1, 1.1.3.7, 1.1.6.9, 1.9, 2.1, 2.5, 3.1, 3.2, 4.7, 4.12, 4.19, 4.20, 4.24, 7.4, 7.5, 7.6, 8.4,
8.6, 8.7, 8.8, 8.9, 8.10, 8.11, 8.12, 9.2, 9.4, 10.1, 10.2, 10.3, 11.4, 11.2, 11.3, 11.8, 11.11,
12.2, 12.4, 13.3, 13.7, 14.4, 15.3, 16.1, 17.4, 19.4, 20.1
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Con Carry out design (if any) and execute the Works. Provide all plant, equipment, documents etc.
and As-Built Drawings. Carry out tests on completion etc. Be responsible for safety and all
methods employed.
You must submit any details if you intend to make significant alterations to your arrangements
and methods for carrying out the Work.
Eng If needed, require details of arrangements and methods to be used.
Time to act
Con As applicable.
Eng As applicable.
Comments Note that the wording states ‘required by the Engineer’. This falls outside the definition under
SC 1.3, and as such it does not have to be in writing.
The Contractor’s changes to methods or arrangements need only to be notified, not approved by
the Engineer.
Linked SC 1.1.1.1, 1.1.1.5, 1.1.1.6, 1.1.2.1, 1.1.2.7, 1.1.2.11, 1.1.3.4, 1.1.5.2, 1.1.5.3, 1.1.5.4, 1.1.5.5,
1.1.5.6, 1.1.5.7, 1.1.6.1, 1.1.6.7, 3.1, 4.8, 4.22, 4.23, 6.9, 10.1, 11.1, 11.2, 11.10, 13.7, 15.1,
15.2, 17.1, 17.2
The amount and currencies required should be stated in the Contract Data.
Con Submit Performance Security as per the Contract to the Employer, and copy to the Engineer. The
amount and currencies are as per the Contract Data. They must be valid for the duration of the
Contract (potentially extending validity).
Eng Receive a copy from the Contractor.
Emp As applicable.
Time to act
Return to the Contractor within 21 days after receiving the Performance Certificate (refer to
SC 1.1.3.8 and SC 11.9)
Con Within 28 days after receipt of the Letter of Acceptance (refer to SC 1.1.1.3).
Eng Not applicable.
Comments The Employer can draw against Performance Security only if the Contractor (i) did not extend
validity as required, (ii) failed to pay within 42 days an amount due to the Employer under
SC 2.5, (iii) failed to remedy a defect within 42 days of having been notified to do so, or (iv) the
Employer is entitled to terminate the contract under SC 15.2.
Linked SC 1.1.1.3, 1.1.1.10, 1.1.6.6, 1.3, 1.6, 2.1, 2.5, 3.1, 11.5, 11.9, 14.2, 14.3, 14.6, 14.7, 14.8, 14.9,
14.12, 14.15, 15.1, 15.2, 15.5, 15.6, 16.4
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Con You shall appoint the Contractor’s Representative with all authority to act on his behalf under the
Contract. The Contractor’s Representative shall be fluent in the language for communications
(refer to SC 1.4), and shall receive instructions from the Engineer under SC 3.3. He shall be full-
time for the project. Appointment of the Contractor’s Representative can only be revoked with
the prior consent of the Engineer (refer to SC 1.3 – in writing).
Eng In case the Contractor’s Representative is not named in the Contract, you are to approve a
proposed suitable candidate.
Con Name the person prior to signing, or propose a suitable candidate as soon as possible after
award.
Eng As applicable.
Comments Powers may be delegated, but must be notified to the Engineer (refer to SC 1.3 – in writing.
Linked SC 1.1.2.5, 1.1.2.7, 1.1.3.2, 1.1.6.7, 1.3, 1.4, 1.5, 3.2, 3.3, 4.3, 4.5, 4.6, 4.12, 4.24, 6.8, 6.9, 7.2,
7.6, 8.10, 8.12, 9.1, 11.1, 12.1, 12.4, 13.1, 13.3, 13.5, 13.6, 15.2, 16.3, 20.1
Con Name subcontractors or suppliers in the Contract, or, if after award, obtain prior consent of the
Engineer prior to engaging them. For a design subcontractor, refer to SC 5.1.
Notify the Engineer when a subcontractor is (i) starting work, and (ii) starting work on Site.
Potentially two notifications. Refer to SC 1.3 – in writing.
Eng Evaluate and give consent to the Contractor’s request.
Linked SC 1.1.2.7, 1.1.2.8, 1.1.5.2, 1.1.5.3, 1.1.6.7, 3.1, 4.5, 4.21, Clause 5, 8.3, 13.5, 15.2, 17.3, 18.4,
19.1, 19.5
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Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Subcontracts for specialist equipment may sometimes be required to extend beyond the normal
Defects Notification Period for the main Contractor. In such cases, the Engineer may instruct the
Contractor to assign the benefits of such obligations to the Employer.
Linked SC 1.1.2.5, 1.1.2.7, 1.1.2.8, 1.1.3.7, 3.1, 3.3, 4.3, 4.4, 4.21, Clause 5, 8.3, 13.5, 15.2, 17.3, 18.4,
19.1, 19.5
contractors employed by the Employer and (iii) any legally constituted authority to carry out their
work on or near the Site.
If instructed, check if this may incur unforeseeable costs that potentially will make it a variation
under Clause 13.
Co-ordination with others is only as far as is specified in the Specification, otherwise there is a
potential claim.
Eng Instruct the Contractor if applicable.
Time to act
Con As applicable.
Eng As applicable.
Comments If this is a Variation (Clause 13), the Contractor must claim for additional costs and resulting
delays under SC 20.1 and SC 8.4 and/or SC 8.5.
Linked SC 1.1.1.5, 1.1.2.5, 1.1.2.6, 1.1.4.3, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.7, 1.1.6.1, 1.1.6.7, 1.1.6.8,
1.1.6.9, 1.9, 2.3, 3.1, 3.3, 4.3, 4.17, 8.4, 8.5, Clause 13, 20.1
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Comments The Employer is responsible for any errors in the setting-out data, and the Contractor is
responsible for verifying the accuracy of this data before it is used. The Contractor must,
therefore, be proactive in identifying any problems as early as possible.
Claim includes entitlement to profit.
Linked SC 1.1.3.3, 1.1.4.2, 1.1.4.3, 1.3, 1.9, 3.1, 3.5, 5.1, 8.4, 14.1, 20.1
Con As applicable.
Eng As applicable.
Comments The Employer should ensure that appropriate safety regulations for the country are included
within the Contract Documents and also within the Engineer’s consultancy Agreements.
This also extends to adjacent land (not only the Site).
Linked SC 1.1.5.7, 1.1.6.7, 2.3, 4.1, 4.21, 4.22, 4.23, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.11, 7.1, 7.4,
7.6, 15.2, 16.3
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Con Institute a Quality Assurance system to demonstrate compliance with the contractual
requirements. All documents produced for, or in connection with, this system shall be marked as
‘approved by Contractor’.
Before a new stage in the project is commenced, submit to the Engineer ‘for information’
statements on procedures and compliance documents.
Eng When required, audit any aspect of the Quality Assurance system.
Time to act
Con As applicable.
Eng As applicable.
Comments Compliance with the Quality Assurance system does not relieve the Contractor of any of his
responsibilities under the Contract.
Emp Make available all relevant data in the Employer’s possession on subsurface and hydrological
conditions on the Site, including environmental aspects.
Con Interpret all data received from the Employer.
Eng In case of a Contractor’s claim under this sub-clause, determine if the issue should have been
detected by the Contractor prior to submitting tender.
Emp Prior to the Base Date (refer to SC 1.1.3.1), or thereafter when new information comes available.
Time to act
Con Prior to issuing the request for tender, or thereafter if and when new information is obtained
from the Employer.
Eng As applicable.
Comments This is an important task prior to tender because the ‘deemed’ provision limits any complaints or
claims afterwards, especially on issues such as access to the Site, subsurface conditions etc.
Linked SC 1.1.1.8, 1.1.3.1, 1.1.5.2, 1.1.5.3, 1.1.6.2, 1.1.6.5, 1.1.6.7, 1.9, 4.11, 4.12, 4.18, 8.4, 20.1
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Con You are deemed to have satisfied himself with everything necessary to calculate your offered
price correctly, especially in relation to SC 4.10.
Comments There may be severe limitation on any claim potential later if this is not done correctly at tender.
Con If applicable, notify the Engineer (refer to SC 1.3 – in writing), stating why the physical conditions
were unforeseeable. Continue the Works using proper measures to allow for the physical
condition.
Eng Give appropriate instructions, when needed, to deal with the physical conditions.
Act in accordance with SC 3.5 to determine if the conditions were unforeseeable and what the
Contractor may be entitled to in extra time or costs.
Time to act
Eng As applicable.
Linked SC 1.1.2.5, 1.1.3.3, 1.1.4.2, 1.1.4.9, 1.1.6.7, 1.1.6.8, 1.1.6.9, 1.9, 3.1, 3.5, 4.3, 4.10, 4.11, 8.4,
14.1, 20.1
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Emp Provide effective access to and possession of the Site, including special areas and temporary
rights-of-way.
Con Determine if any facilities outside the Site are required for the execution of the Contract. These
must be included in the offered price. This includes access routes, levies across adjacent lands etc.
Eng No specific action is required.
Time to act
Comments None.
Con You may not interfere with the convenience of the public in any aspects. Hold the Employer
harmless in this regard.
Con As applicable.
Eng As applicable.
Comments The Employer’s indemnity against interference will generally be included in the Contractor’s
insurance under SC 18.3 [Insurance Against Injury to Persons and Damage to Property].
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Con Assess carefully any required access routes to the Site, and implement any appropriate measures
(e.g. protect infrastructure, maintenance, erect signs) to safeguard these routes during execution.
Comments The Contractor will need to consult with the road authority if he intends to use unusually heavy
equipment that may cause damage. Note that the obligation to maintain the road only extends
to damage that he has caused, and does not include general maintenance of the road.
Con Notify the Engineer of the intended transport to Site of any Plant or major item of Goods, and
indemnify the Employer against any damage or loss.
Comments This sub-clause refers only to major items of Goods, and therefore some discussion with the
Engineer as to what is considered to be a ‘major’ item would be useful.
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Con As applicable.
Eng As applicable.
Linked SC 1.1.2.7, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.7, 1.1.6.7, 2.2, 3.1, 4.6, 4.23, 6.9, 6.10, 8.3, 11.11,
13.6, 15.2, 15.5, 16.3, 17.5, 18.1, 18.2, 18.3, 19.6
Con Take all reasonable steps to protect the environment and to limit nuisance to people and
property.
Emissions and surface discharges resulting from the Contractor’s operations shall be within the
limits stated in the Specification and as prescribed by law.
Eng Check for compliance.
Time to act
Con As applicable.
Eng As applicable.
Linked SC 2.3, 4.10, 4.14, 4.21, 4.23, 6.5, 6.7, 6.9, 7.1, 13.7, 16.3, 17.6
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Con As applicable.
Eng As applicable.
Comments An Employer’s claim through SC 2.5 does not require formal notice.
Con As applicable.
Eng As applicable.
Comments An Employer’s claim through SC 2.5 does not require formal notice.
Linked SC 1.1.1.5, 1.1.2.7, 1.1.5.2, 1.1.5.3, 1.1.6.3, 1.9, 2.5, 3.1, 3.5, 6.9, 17.6
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Eng Monthly.
Comments For complex projects seven days may seem too short.
Linked SC 1.1.2.7, 1.1.2.8, 1.1.3.2, 1.1.3.5, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.1, 1.1.6.7, 1.1.6.9, 1.3, 2.5,
3.1, 6.9, 8.3, 8.6, 10.1, 10.2, 10.3, 10.4, Clause 13, 14.3, 20.1
Emp As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.2.6, 1.1.2.7, 1.1.6.7, 2.3, 3.1, 4.1, 4.8, 4.23, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.11
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Eng As applicable.
Comments None.
Linked SC 1.1.2.7, 1.1.3.5, 1.1.3.7, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.7, 1.1.6.7, 3.1, 4.1, 4.8, 4.13, 4.14,
4.16, 4.17, 4.18, 4.22, 4.24, 6.5, 6.9, 10.1, 10.2, 10.3, 10.4, 18.2
Con Take reasonable measures to prevent damage to these finds, and to avoid removal by any
unauthorised persons, including the Contractor’s own staff.
When found, give notice (first) to the Engineer. Refer to SC 1.3 – in writing.
If a delay and/or extra costs are incurred, give a further notice (second), and claim under SC 20.1
(time-barred notice – third notice).
Eng Give appropriate instructions when notified by the Contractor of any finds on the Site.
Act in accordance with SC 3.5 to agree or determine extra time and/or money.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Note that the Engineer must instruct the Contractor what to do with the finds, even though the
care and authority for these finds lies with the Employer. There is a potential conflict!
Linked SC 1.1.2.5, 1.1.2.7, 1.1.3.3, 1.1.4.2, 1.1.4.3, 1.1.6.7, 3.1, 3.3, 3.5, 4.3, 4.23, 6.5, 6.9, 8.4, 14.1,
20.1
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Eng May instruct the appointment of a nominated Subcontractor under Clause 13.
Time to act
Comments This sub-clause defines a ‘nominated Subcontractor’, who is either stated as being such in the
Contract or is instructed by the Engineer under a Variation (refer to Clause 13).
Linked SC 1.1, 1.1.2.8, 3.1, 3.3, 4.4, 4.7, 4.11, 5.2, 5.3, 5.4
in the case where the Contractor has objected to the appointment of a nominated
Subcontractor.
Con May object to the appointment of a Nominated Subcontractor subject to various conditions.
Eng If a notice of objection to the nomination of a Subcontractor is received, the Engineer must
consider whether the objection is reasonable, and consult with the Employer.
Time to act
Eng As applicable.
Comments SC 5.2 makes it clear that the Employer must be involved fully in the preparation and negotiation
of the Subcontract document.
Once contracted, the Employer should not deal directly with the nominated Subcontractor (refer
to the second sentence of SC 4.4).
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Con Pay the nominated Subcontractor any amounts approved by the Contractor and certified by the
Engineer.
Eng Certify any amounts due to be paid by the Contractor to the nominated Subcontractor.
Con The time to act is not stated in the Contract. However, the Engineer may request proof of
payment before additional Payment Certificates are issued, therefore effectively setting the time
for payment to be one month.
Eng Monthly.
Linked SC 1.1.2.8, 1.1.4.2, 1.1.4.10, 4.4, 5.1, 5.2, 5.4, 13.5, 14.1, 15.1, 15.2
invoice, then pay the Nominated Subcontractor directly and deduct such amounts from the
Contractor.
Con If requested by the Engineer, provide reasonable evidence that a Nominated Subcontractor has
been paid.
Eng You may request the Contractor to provide reasonable evidence that any Nominated
Subcontractor has been paid.
Time to act
Emp Allow sufficient time to allow the Contractor to provide the necessary evidence.
Con Provide the evidence quickly to ensure any Payment Certificates are not delayed by the Engineer.
Comments Failure to provide such evidence may result in the Employer making payments directly to the
Nominated Subcontractor and deducting such amounts for the Contractor.
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Comments None.
Con Pay wages as are established where the Works are carried out. Inform Personnel about their
requirement to pay personal income tax within the Country.
Comments None.
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Con Do not recruit or attempt to recruit from the Employer’s Personnel. Refer to SC 1.1.2.6.
Comments None.
Con Comply with all relevant Labour Laws, and require employees to obey all laws.
Comments None.
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Con Check the Contract Data for details of normal working hours.
Unless otherwise stated in the Contract, or the Engineer gives consent (refer to SC 1.3 – in
writing), or the work is unavoidable for the protection of life or property, no work shall take
place outsider normal working hours. If such work is necessary, notify the Engineer immediately.
Eng Check for compliance.
Time to act
Comments None.
Linked SC 1.1.1.5, 1.1.1.10, 1.1.6.7, 1.4, 3.1, 4.8, 4.14, 4.18, 4.22, 4.23, 4.24, Clause 6
Emp If the Employer’s Personnel require accommodation and facilities to be provided by the
Contractor, this shall be stated in the Specification.
Con Provide accommodation and welfare facilities for own employees, and for Employer’s Personnel if
stated in the Specification.
Eng Check for compliance.
Time to act
Eng As applicable.
Linked SC 1.1.1.5, 1.1.2.6, 1.1.2.7, 1.1.5.4, 1.4, 1.9, 2.3, 4.8, 4.22, Clause 6
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Personnel (refer to SC 6.9), in liaison and collaboration with local health authorities. Undertake
an HIV-AIDS awareness programme.
Appoint a qualified accident-prevention officer.
Prepare health and safety reports, as well as accident reports if and when accidents occur. Refer
to SC 4.21.
Eng Check for compliance.
Time to act
Con As applicable.
Eng As applicable.
Comments Services are also required at the location of the accommodation provided for the Contractor’s
Personnel and (if required) the Employer’s Personnel.
Linked SC 1.1.1.5, 1.1.2.6, 1.1.2.7, 1.1.6.7, 1.4, 1.15, 2.3, 3.1, 4.8, 4.18, 4.21, 4.22, Clause 6, 7.1, 8.3
Con Provide sufficient suitably qualified staff to oversee and guarantee safe and satisfactory execution
of the Works. These staff shall be fluent in the project Language (refer to SC 1.4).
Eng As applicable.
Comments None.
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Eng As applicable.
Comments None.
Linked SC 1.1.2.5, 1.1.2.7, 1.1.6.7, 3.1, 4.1, 4.3, 4.15, 4.17, 4.18, 4.20, 4.21, 4.22, 4.23, 4.24, 6.4, 6.6,
6.7, 6.10, 6.11, 6.12, 8.3, 8.6, 12.1, 13.6, 15.2, 17.1, 17.3, 18.3, 18.4, 19.1
Con Prepare and keep sufficient records for all own Personnel and each type of Equipment. Details
shall be submitted to the Engineer monthly. Note the requirements of SC 1.15.
Con Monthly.
Eng As applicable.
Comments The details of Equipment and Contractor’s Personnel should be included in the Contractor’s
Monthly Report as required under SC 4.21.
Continues until all Works are completed.
Linked SC 1.1.2.7, 1.1.3.5, 1.1.5.1, 1.1.6.7, 1.8, 1.15, 3.1, 4.9, 4.17, 4.21, 6.9, 6.12, 6.22, 10.2, 10.3,
10.4
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Eng As applicable.
Comments None.
Linked SC 1.1.1.5, 1.1.2.7, 1.1.6.5, 1.1.6.7, 1.4, 4.3, 4.8, 4.14, 4.22, Clause 6
Emp Assist the Contractor in his efforts to obtain visas, residence permits, work permits etc.
Con Obtain all necessary visas, residence permits, work permits etc. for foreign staff. You may seek
assistance from the Employer.
Emp If requested.
Con As required.
Comments The Contractor is also responsible for repatriation of staff to the place of their recruitment.
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Emp State any requirements for the suitability of food for Contractor’s Personnel.
Con Provide food at reasonable prices to the Contractor’s Personnel (i.e. all employees, including staff,
labour, subcontractors etc.).
Comments None.
Con Provide water to the Contractor’s Personnel (i.e. all employees, including staff, labour,
subcontractors etc.).
Comments None.
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Con Protect the Contractor’s Personnel (i.e. all employees, including staff, labour, subcontractors etc.)
from insect and pest nuisance, and comply with local health regulations.
Comments None.
Con Take steps to prevent your own personnel from importing, selling, giving etc. alcohol or drugs.
Comments None.
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Con Take steps to prevent the giving, bartering, disposal etc. of arms or ammunition.
Comments None.
Con Observe all religious festivals, public holidays etc., making due allowance in the work programme.
Comments None.
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Con Make appropriate arrangements for funerals for any local employees who may die while engaged
upon the Works.
Con As required.
Comments None.
Comments None.
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Comments None.
Con Keep records of all own labourers and submit to the Engineer.
Con Monthly.
Eng Monthly.
Comments Particularly refer to SC 6.10, which requires the Contractor to submit records of the Contractor’s
Personnel and Equipment.
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Con You must either work closely with existing workers’ organisations or, when not available, provide
means for workers to act collectively and express their grievances.
Comments This sub-clause considers two situations: one in which a country’s labour laws accept workers’
organisations, and one in which such organisations are restricted.
Con You must make employment decisions based on the principle of equal opportunity and fair
treatment.
Comments None.
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Con Carry out the Works as per the Contract. Be workmanlike and careful, as per recognised good
practice. Use properly equipped facilities and non-hazardous materials.
Eng As applicable.
Comments None.
Con At your own cost, submit manufacturer’s standard samples and samples for Materials required as
per the Specification, and/or other samples instructed by the Engineer as a Variation (refer to
Clause 13). Also provide all relevant product information.
Each sample to be properly labelled.
Eng Review samples in accordance with the Specification.
Time to act
Con As required.
Eng As applicable.
Comments An Engineer’s non-consent would need to include reasons as to why a sample does not comply
with the Contract.
Linked SC 1.1.1.1, 1.1.2.5, 1.1.6.9, 3.1, 3.2, 3.3, 4.3, 8.4, Clause 13, 20.1
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Con Allow adequate access and opportunity at the Site or elsewhere for inspections by the Employer’s
Personnel.
Give notice to the Engineer whenever work is ready and before it is covered up, allowing
inspections to take place.
Eng Carry out inspections promptly or notify the Contractor that no inspection is needed.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.1.1, 1.1.2.6, 1.1.5.5, 1.1.6.7, 2.3, 3.1, 3.2, 4.9, 8.6
Agree with the Engineer a suitable time and place for each test. However, the Contractor may
proceed if the Engineer is not present at the agreed time and place, unless instructed otherwise
(refer to SC 3.3). Any readings are then deemed accepted by the Engineer.
Forward promptly detailed certified-test reports if and when they are available.
Eng Give not less than 24 hours’ notice of intention to witness a test.
You may, under Clause 13, vary agreed tests or order additional tests.
Endorse test reports for those tests that have passed, and issue a relevant certificate to that
effect.
Time to act
Con As applicable
Eng As applicable.
Linked SC 1.1.1.1, 1.1.1.5, 1.1.3.3, 1.1.3.6, 1.1.4.2, 1.1.4.3, 1.1.5.5, 1.1.6.9, 3.1, 3.2, 3.3, 3.5, 4.8, 4.9,
7.5, 8.4, 9.1, 9.2, 9.3, 10.1, 11.6, 11.8, 11.10, 14.9, 15.1, 15.2, 20.1
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Con Make good any Plant, Material, design or workmanship found to be defective by the Engineer.
Comply with any requirement for re-testing or removal under SC 7.6.
Eng Notify the Contractor, with reasons, of any defect found in any Plant, Material, design or
workmanship.
If needed, require re-testing or require removal under SC 7.6.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Linked SC 1.1.5.5, 2.5, 3.1, 3.2, 3.3, 3.5, 7.4, 7.6, 9.3, 15.1, 15.2
SC 2.5.
Con Comply with any Engineer’s instruction to remove anything from the Site or to re-execute any
work that is not in accordance with the Contract.
Eng Instruct the Contractor to remove anything from the Site or to re-execute any work that is not in
accordance with the Contract. Instruction shall state a reasonable time for the Contractor to
comply – immediately if urgent.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Linked SC 1.1.2.5, 1.1.5.5, 1.1.6.7, 1.1.6.8, 2.5, 3.1, 3.2, 3.3, 3.5, 4.3, 7.4, 7.5
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Comments Ownership transfers automatically to the Employer either when Plant or Materials are delivered to
Site, or when the Contractor is entitled to payment of the value of Plant and Materials under
SC 8.10, whichever is the earlier.
Con As applicable.
Eng As applicable.
Comments None.
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Data).
Provide advance payment subject to receipt of a guarantee.
Con Sign the Contract Agreement.
Submit an advance payment guarantee in accordance with SC 14.2.
Commence the Works on receipt of instruction from the Engineer.
Eng Record the agreement that all four preconditions have been fulfilled, and notify the Contractor of
the Commencement Date.
Time to act
Comments None.
Linked SC 1.1.1.1, 1.1.1.3, 1.1.1.9, 1.1.3.2, 1.6, 3.1, 3.2, 8.3, 8.6, 17.2
Emp Ensure the Contract Data states the number of days within which the Works must be completed,
calculated from the Commencement Date.
Con Complete the whole of the Works within the Time for Completion, as may be amended. Refer to
SC 1.1.3.3 and the Contract Data.
Eng Check for Completion in accordance with SC 10.1.
Time to act
Eng As applicable.
Comments Also refer to SC 8.4 for potential amendments to the Time for Completion.
Linked SC 1.1.1.9, 1.1.3.3, 1.1.3.4, 1.1.3.7, 1.1.5.6, 8.3, 8.4, 10.1, 10.2, 10.3, 10.4
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Con Within 28 days after receiving the Notice of Commencement (refer to SC 8.1).
Promptly whenever applicable.
Comments If the Engineer does not issue comments within 21 days, the submitted Schedule becomes the
programme for the Works.
Employer’s Personnel are entitled to rely on the programme.
Linked SC 1.1.2.6, 1.1.2.7, 1.1.2.8, 1.1.4.2, 1.1.5.1, 1.1.5.5, 1.1.6.1, 1.1.6.7, 1.1.6.9, 1.3, 1.8, 1.9, 2.3,
3.1, 4.4, 4.5, 4.17, 4.21, 6.7, 8.1, 8.2, 8.4, 8.5, 8.6, 13.3, 14.1
Con Check for potential delays arising from the listed causes (a–e), and issue notice as per SC 20.1.
Eng Determine the claim for Extension of Time issued under SC 20.1 by the Contractor.
Time to act
Comments This sub-clause covers all claims for Extension of Time arising from any other sub-clause.
Linked SC 1.1.1.9, 1.1.2.6, 1.1.3.3, 1.1.5.2, 1.1.5.3, 1.1.5.6, 1.1.6.7, 1.1.6.8, 1.1.6.9, 1.9, 2.1, 3.1, 3.5,
4.6, 4.7, 4.10, 4.12, 4.24, 7.2, 7.4, 8.2, 8.3, 8.5, 8.6, 8.7, 8.8, 8.9, 8.10, 8.11, 8.12, 9.2, 10.1,
10.3, 13.3, 13.7, 13.8, 16.1, 17.4, 19.4, 20.1
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Comments The delay or disruption must have been unforeseeable, which may be difficult to prove.
Linked SC 1.1.3.1, 1.1.3.3, 1.1.6.2, 1.1.6.8, 1.3, 2.2, 3.5, 4.6, 8.3, 8.4, 13.7, 20.1
Eng If the Works are behind programme for reasons other than under SC 8.4, issue instructions to the
Contractor to revise the programme using recovery methods.
Time to act
Con As applicable.
Eng As applicable.
Linked SC 1.1.1.9, 1.1.2.7, 1.1.3.3, 1.1.5.2, 1.1.5.3, 2.5, 3.1, 3.3, 3.5, 4.21, 6.9, 7.3, 8.3, 8.4, 8.7, 8.8,
14.3, 14.4, 19.6, 20.1, 20.6
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Emp Ensure that Delay Damages amounts (also maximum) are stated in the Contract Data. If
applicable, issue a relevant claim under SC 2.5.
Comments Delay Damages are defined as the number of days between the relevant Time for Completion
(refer to SC 8.2) and the date of the Taking-Over Certificate (refer to SC 10.1). This implies there
must be a Taking-Over Certificate for this sub-clause to apply.
Linked SC 1.1.1.9, 1.1.1.10, 1.1.3.3, 1.1.3.5, 2.5, 3.5, 8.2, 8.4, 8.6, 10.1, 10.2, 10.3, 10.4, 15.2
Con If instructed to suspend all or part of the Works, protect, store and secure such work.
Eng If applicable, give instruction. May also notify the cause for suspension.
Time to act
Eng As applicable.
Comments None.
Linked SC 1.3, 3.1, 3.3, 3.5, 8.4, 8.6, 8.9, 8.10, 8.11, 8.12, 11.3, 16.2, 19.6, 20.1
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Con If incurring delays and/or costs, claim as per SC 20.1 and SC 8.4.
Comments Not applicable if the reason for suspension is the fault of the Contractor and this was duly
notified under SC 8.8.
Linked SC 1.1.3.3, 1.1.4.2, 1.1.4.3, 1.1.5.2, 1.1.5.3, 1.3, 3.1, 3.3, 3.5, 8.4, 8.8, 8.10, 8.11, 8.12, 11.3,
14.1, 16.2, 19.6, 20.1
Con Mark all relevant plant and materials as the property of the Employer as per the Engineer’s
instructions.
Linked SC 1.3, 3.3, 3.5, 8.4, 8.8, 8.9, 8.11, 8.12, 11.3, 14.3, 16.2, 19.6, 20.1
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Eng Respond to the Contractor if he requests to proceed. Failure to respond may result in a Variation
for omission or termination of the Contract
Con At day 85, request permission to resume. If the Engineer does not give permission by day 113,
you may give notice to terminate under SC 16.2 (for the whole of the Work) or to treat it is an
omission under Clause 13.
Eng Within 28 days.
Comments None.
Linked SC 1.1.6.9, 1.3, 3.1, 3.3, 3.5, 8.4, 8.8, 8.9, 8.10, 8.12, 11.3, 13.3, 16.1, 16.2, 19.6, 20.1
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.2.5, 1.1.5.2, 1.1.5.3, 1.1.5,5, 1.3, 3.1, 3.3, 3.5, 4.3, 8.4, 8.8, 8.9, 8.10, 8.11, 11.3, 13.3,
16.1, 19.6, 20.1
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Emp Ensure that all required tests are included in the Specification.
Con Give notice of the date on which Tests on Completion may be carried out, and submit a certified
report of the results when completed.
Eng At least within 14 days after the Contractor’s notified date of readiness.
Comments No testing is required if documents as per sub-para (d) of SC 4.1 (As-built documents and
operation and maintenance manuals) have not been provided.
Linked SC 1.1.1.1, 1.1.2.5, 1.1.3.4, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.6, 1.3, 1.9, 3.1, 3.3, 4.1, 4.3, 7.4, 9.2,
9.3, 9.4, 10.1, 10.2, 10.3, 10.4, 14.9
Eng If applicable, check if tests are unduly delayed by either the Employer or the Contractor.
Time to act
Con If delayed by the Employer, issue a claim as per SC 7.4 and SC 20.1.
Eng If delayed by the Contractor, notify him to carry out the tests within 21 days.
Comments If the Contractor fails to carry out the tests within the notified 21 days, the Employer may do the
tests, and the results must be accepted.
Linked SC 1.1.1.1, 1.1.2.6, 1.1.3.4, 1.3, 2.3, 3.1, 3.5, 7.4, 8.4, 9.1, 9.3, 9.4, 10.3, 14.9, 20.1
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Con If applicable, may require the tests to be repeated under the same terms and conditions.
Eng If applicable, may require the tests to be repeated under the same terms and conditions.
Time to act
Linked SC 1.1.1.1, 1.1.3.4, 1.1.5.6, 1.3, 3.1, 7.4, 7.5, 9.1, 9.2, 9.4, 10.3, 14.9
Emp If applicable, consider taking over anyway, or seek remedies as per SC 11.4 [Failure to Remedy
Defects].
Con Comply with the Engineer’s orders.
Eng If applicable, order more tests, or determine a reduction in the Contract Price as a result of the
Employer’s decision to take over work that failed testing (as per SC 2.5 and SC 3.5).
Time to act
Comments Applies only for work that failed the Tests on Completion and when the tests have been repeated
as under SC 9.3.
Linked SC 1.1.1.1, 1.1.3.4, 1.1.3.5, 1.1.4.2, 1.1.5.6, 1.3, 2.5, 3.1, 3.5, 7.4, 9.1, 9.2, 9.3, 10.1, 10.2, 10.3,
10.4, 11.4, 14.1, 14.9
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Emp The Employer shall take over the Works if completed and a Taking-Over Certificate has been
issued (or deemed) by the Engineer.
Con Apply for a Taking-Over Certificate.
Eng Reject the application by the Contractor, with reasons, or issue a Taking-Over Certificate with
instructions on outstanding minor Works (including timing).
Time to act
Con Not earlier than 14 days before the Works will be completed.
Eng Within 28 days of receipt of the application. If no action, than the Works are deemed to have
been taken over at day 28.
Comments ‘Deemed’ provision is a potential Delay Damages trap, because in that case the date of the
Taking-Over Certificate is 28 days after the application by the Contractor, and actual Completion
is only 14 days after the application (14 days Delay Damages).
Linked SC 1.1.3.3, 1.1.3.4, 1.1.3.5, 1.1.5.6, 3.1, 3.5, 4.1, 4.21, 4.23, 6.10, 8.2, 8.4, 8.7, 9.1, 9.4, 10.2,
10.3, 10.4, 11.1, 11.3, 11.9, 13.1, 14.2, 14.4, 14.6, 14.9, 14.10, 14.14, 17.2, 18.2
Emp May instruct the Engineer to issue a Taking-Over Certificate for any part of the Works. Cannot
use any part of the Works until taken over, except as otherwise specified in the Contract.
Con If incurring costs as a result of taking over, claim as per SC 20.1 for costs plus profit.
Eng Determine a claim submitted by the Contractor (if any). If the Employer takes over a part of the
Works, determine as per SC 3.5 the reduced Delay Damages rate (not the maximum) under
SC 8.7.
Time to act
Con As applicable.
Eng As applicable.
Comments If the Employer uses part of the Works not yet taken over, this shall be deemed to be taken over
from the date it is used.
Linked SC 1.1.3.4, 1.1.3.5, 1.1.3.7, 1.1.4.2, 1.1.4.3, 1.1.5.4, 1.1.5.6, 3.1, 3.5, 4.21, 4.23, 6.10, 8.2, 8.7,
9.1, 9.4, 10.1, 10.3, 10.4, 11.1, 13.1, 14.1, 14.2, 14.4, 14.6, 14.9, 14.10, 14.14, 17.2, 17.3,
18.2, 20.1
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Con As applicable.
Comments None.
Linked SC 1.1.1.9, 1.1.3.3, 1.1.3.4, 1.1.3.5, 1.1.3.7, 1.1.4.2, 1.1.4.3, 1.1.5.6, 3.1, 3.5, 4.21, 4.23, 6.10,
8.2, 8.4, 8.7, 9.1, 9.4, 10.1, 10.2, 10.4, 11.1, 13.1, 14.1, 14.2, 14.4, 14.6, 14.9, 14.10, 14.14,
17.2, 18.2, 20.1
Eng Ensure any reinstatement of ground is included in the list for minor outstanding work.
Time to act
Comments Any Taking-Over Certificate for a part or section of the Works does not deem to certify
Completion of any ground or other surfaces affected by the part or section, unless otherwise
stated in the Taking-Over Certificate.
Linked SC 1.1.3.5, 1.1.5.6, 4.21, 4.23, 6.10, 8.2, 8.7, 9.1, 9.4, 10.1, 10.2, 10.3, 10.4, 11.1, 13.1, 14.2,
14.4, 14.6, 14.9, 14.10, 14.14, 17.2, 18.2
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Emp Notify Contractor (or have this done on your behalf) of any work requiring remedy during the
Defects Notification Period (refer to SC 1.1.3.7).
Con Complete all outstanding work as per the Taking-Over Certificate and remedy all justifiably
notified defects during the Defects Notification Period.
Eng May act on behalf of the Employer.
Time to act
Emp As applicable.
Con As required.
Eng As applicable.
Linked SC 1.1.2.5, 1.1.3.5, 1.1.3.7, 1.1.5.6, 1.1.6.1, 3.1, 3.3, 4.1, 4.3, 10.1, 10.2, 10.3, 10.4, 11.2, 11.4,
11.9, 17.1
Emp Notify the Contractor (or have this done on your behalf) of any work requiring remedy during the
Defects Notification Period (refer to SC 1.1.3.7) under SC 11.1(b).
Con Execute at your risk and cost all notified work under SC 11.1(b) if it is attributable to any of the
causes listed under (a) to (d). Otherwise, SC 13.3 shall apply.
Eng May act on behalf of the Employer.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.3.5, 1.1.3.7, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.9, 2.5, 3.5, 11.1, 11.8, 11.9, 13.3, 17.1, 20.1
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Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Only applies if after taking over (refer SC 10.1) the Works cannot be used for the stated purpose.
Maximum two year’s extension.
Linked SC 1.1.3.7, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.6, 2.5, 3.5, 8.8, 8.9, 8.10, 8.11, 8.12, 10.1, 16.1
Emp If applicable, fix a date by which defects must be remedied, and give reasonable notice to the
Contractor.
Con Remedy all defects notified under SC 11.1(a) to (d) within a reasonable time, failing which the
Employer may fix a date.
Eng May act on behalf of the Employer.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments If the Contractor fails to remedy after the Employer has fixed a date, the Employer may exercise
options (a) to (c): carry out the work himself, reduce the Contract Price or terminate.
Linked SC 1.1.3.5, 1.1.3.7, 1.1.4.2, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.7, 2.5, 3.1, 3.5, 9.4, 11.1, 11.9, 13.3,
14.1, 15.2, 20.1
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Emp Consider giving consent to have defective items removed from Site for repairs. This may be linked
to increased Performance Security or other security.
Emp As applicable.
Con As applicable.
Eng As applicable.
Eng Notify the Contractor if any re-testing is required after repairs or remedy.
Time to act
Emp As applicable.
Con As applicable.
Comments Which Party is liable for the cost of re-testing is dependent on whether SC 11.2 (a) to (d) applies.
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Emp Until the Performance Certificate has been issued, give the Contractor access to all parts of the
Works and to all operation and plant data, except as may be refused on reasonable security
considerations.
Con If required, apply for access.
Eng May act on behalf of the Employer.
Time to act
Comments None.
Con Consider if the Contractor must search for the cause of any defect.
Con As required.
Eng As required, plus, if applicable, determine the cost plus profit for the Contractor under SC 3.5.
Comments Unless the cause is attributable to SC 11.2 (a) to (c), the Contractor shall be paid costs plus profit
for the search.
Linked SC 1.1.4.2, 1.1.4.3, 1.3, 3.1, 3.5, 7.4, 11.2, 14.1, 20.1
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Con As applicable.
Eng As applicable.
Linked SC 1.1.3.7, 1.1.3.8, 1.1.6.1, 3.1, 4.2, 10.1, 11.1, 11.2, 11.4, 11.6, 11.7, 11.10, 11.11, 14.11,
14.12, 14.13, 18.2, 18.3
Comments Each Party remains liable for any contractual obligation unfulfilled after the Performance
Certificate has been issued.
Linked SC 1.1.1.2, 1.1.2.1, 1.1.3.8, 2.1, 2.2, 2.4, 4.1, 7.4, Clause 9, 11.9, 11.11
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Con Upon receipt of the Performance Certificate, pay outstanding monies to the Employer and clear
the Site.
Emp As applicable.
Con Within 28 days after the Contractor has received a copy of the Performance Certificate.
Eng As applicable.
Comments If the Site is not cleared within 28 days, the Employer may clear it at the risk and cost of the
Contractor, subject to SC 2.5.
Linked SC 1.1.3.8, 1.1.5.1, 1.1.5.7, 1.1.6.7, 2.5, 3.5, 4.17, 11.9, 11.10
Con Attend the measurement as required, and give notice of failure to agree within 14 days.
Eng As required.
Linked SC 1.1.2.5, 1.1.5.4, 3.1, 4.3, 6.9, 12.3, 14.3, 14.9, 14.10, 14.11
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Comments None.
Comments If an item of work has no rate, or an item quantity has changed by more than 25%, or any
change in quantity exceeds 0.25% of the ACA and the change in quantity directly changes the
cost per unit quantity by more than 1%, it shall be re-evaluated by the Engineer.
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Con Give notice if an omission of work under a Variation results in additional cost. Also give notice
under SC 20.1.
Con Not stated in the Contract, but refer to SC 1.3 and SC 20.1.
Comments None.
Linked SC 1.1.2.5, 1.1.4.1, 1.1.4.2, 1.1.5.5, 1.1.6.9, 1.3, 3.3, 3.5, 4.3, Clause 13, 20.1
Con Execute and be bound by any Variation initiated by the Engineer. Consider if Goods are readily
available, or if there will be substantial change to the sequence or progress of Works. If not, give
notice to the Engineer.
Eng Initiate required Variations by instruction or by request for a proposal. If a notice is received for
non-availability of Goods, then either cancel, confirm or vary the instructed Variation.
Time to act
Con As required.
Comments The Employer can only initiate a Variation through the Engineer.
Linked SC 1.1.2.5, 1.1.3.4, 1.1.3.5, 1.1.5.2, 1.1.5.3, 1.1.5.4, 1.1.5.5, 1.3, 3.1, 3.3, 4.3, 10.1, 10.2, 10.3,
10.4, 13.3, 13.6, 20.1
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Con If desired, prepare and submit at your own cost a proposal for a Variation that has benefit to the
Employer.
Con As applicable.
Eng As applicable.
Comments In such a case, the Contractor takes responsibility for the design (if any), and any cost saving is
split 50/50.
Any proposal must include items listed in SC 13.3.
Con As applicable.
Eng As applicable.
Comments The Contractor cannot delay any work while awaiting evaluation of the proposal. If the
Contractor is not satisfied with the Engineer’s evaluation under Clause 12, he may claim under
SC 20.1.
Linked SC 1.1.1.10, 1.1.2.5, 1.1.3.3, 1.1.4.2, 1.1.4.3, 3.1, 3.3, 3.5, 4.3, 8.3, 8.4, 8.11, 8.12, 11.2, 11.4,
Clause 12, 12.3, 13.1, 13.2, 13.5, 13.6, 20.1
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Eng Adjustments to the Price must take into account the agreed currencies as per the Contract.
Time to act
Eng As applicable.
Comments None.
Linked SC 1.1.1.9, 1.1.4.2, 1.1.4.3, 1.1.4.6, 1.1.4.8, 13.8, 14.7, 14.8, 14.15, Contract Data
Con Carry out the work as instructed by the Engineer under this sub-clause, and keep records of
costs.
Eng When required, instruct the Contractor to carry out the work or to obtain Material or Plant.
Time to act
Con As required.
Eng As required.
Comments None
Linked SC 1.1.1.10, 1.1.2.5, 1.1.2.8, 1.1.4.2, 1.1.4.10, 1.1.5.2, 1.1.5.3, 1.1.5.5, 3.1, 3.3, 4.3, 4.4, 4.5,
4.11, 5.3, 13.3, 14.2, 14.15, 20.1
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Con Execute relevant instruction by the Engineer, and keep daily detailed records of resources used.
Con When carrying out work under this sub-clause, keep daily records.
Eng Evaluate and sign the Contractor’s records for payment purposes.
Comments If no daywork schedule is included in the Contract, the SC shall not apply.
Linked SC 1.1.1.1, 1.1.1.9, 1.1.2.5, 1.1.2.7, 1.1.4.7, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.7, 3.1, 3.3,
4.3, 4.17, 6.9, 13.1, 13.3, 14.3
Con Check any new legislation in the Law of the Country for effects on the Project’s execution. If
delay or extra costs are incurred, notify the Engineer and claim under SC 20.1
Con As applicable.
Eng As applicable.
Comments Only applies to changes introduced after the Base Date (refer to SC 1.1.3.1).
Linked SC 1.1.1.1, 1.1.3.1, 1.1.3.3, 1.1.4.2, 1.1.4.3, 1.1.6.2, 1.1.6.5, 1.4, 1.13, 1.3, 3.1, 3.5, 4.1, 4.18,
Clause 6, 8.4, 8.5, 13.7, 13.8, 14.1, 14.3, 20.1
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Con If applicable, carefully complete the ‘Table of Adjustment Data’ in the Contract Data.
Eng If a ‘Table of Adjustment Data’ is included in the Contract Data, evaluate the Contractor’s
payment applications on this basis.
Time to act
Con Prior to submitting the formal offer, and thereafter for each payment application.
Comments Only applies if and when a ‘Table of Adjustment Data’ in the Contract Data has been completed.
Linked SC 1.1.1.9, 1.1.1.10, 1.1.3.1, 1.1.3.3, 1.1.4.1, 1.1.4.2, 1.1.4.3, 1.1.4.6, 1.1.4.7, 1.1.4.8, 1.1.4.9,
1.1.5.2, 1.1.5.3, 1.1.6.2, 3.1, 3.5, 13.4, 13.7, 14.3, 14.7, 20.1
Emp Ensure complete and accurate Bill of Quantities or Schedules are prepared.
Eng Take account of any payment breakdown when preparing Payment Certificates.
Time to act
Eng As applicable.
Comments The final contract value is determined by a quantity structure and using unit rates. Imported
Contractor’s Equipment and spares are exempt from import duties and taxes.
Linked SC 1.1.3.2, 1.1.4.2, 1.1.4.6, 1.1.4.9, 1.9, 2.1, 2.4, 2.5, 4.7, 4.12, 4.24, 5.3, 7.4, 8.3, 8.9, 9.4, 10.2,
10.3, 11.4, 11.8, Clause 12, Clause 13, Clause 14, 16.1, 17.4, 18.1
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Emp Include detailed particulars of the amount, instalments etc. in the Contract Data.
Con Include detailed particulars of the amount, instalments etc. in the Contract Data. Apply for
payment through the first interim payment application (refer to SC 14.3).
Eng Issue the first interim Payment Certificate if guarantees have been provided. Refer to, in
particular, SC 4.2 [Performance Security] and the advance payment guarantee.
Time to act
Eng Review the required amounts of guarantees if and when repayments have been made.
Comments Without a valid guarantee from the Contractor or no particulars in the Contract Data, this sub-
clause shall not apply. The guarantee shall be issued by a bank or financial institution chosen by
the Contractor’s.
Linked SC 1.1.1.9, 1.1.1.10, 1.1.3.5, 1.1.4.1, 1.1.4.7, 1.1.4.9, 1.1.4.10, 1.1.4.11, 1.1.4.12, 1.1.6.2,
1.1.6.6, 2.1, 3.1, 4.2, 8.1, 10.1, 10.2, 10.3, 10.4, 13.5, 14.3, 14.5, 14.7, 14.8, 14.9, 14.15,
15.2, 16.2
Con Submit six copies at the end of each month (unless another period is stated in the Contract).
Include details as per (a) to (g).
Con As required
Comments The application shall also include supporting documents such as SC 4.21 [Progress Reports].
Linked SC 1.1.1.10, 1.1.4.2, 1.1.4.3, 1.1.4.7, 1.1.4.9, 1.1.4.11, 1.1.4.12, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.1,
1.1.6.9, 1.3, 2.5, 3.1, 3.5, 4.2, 4.21, 8.6, 8.10, 12.1, 13.6, 13.7, 13.8, 14.1, 14.2, 14.4, 14.5,
14.6, 14.7, 14.8, 14.9, 14.10, 14.15, 16.1, 16.2, 20.1
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Con Prior to signing the Contract, and as per agreed periods thereafter.
Eng As applicable.
Comments If no Schedule is in the Contract, the Contractor shall submit quarterly estimates of future
payments to the Engineer.
Linked SC 1.1.1.10, 1.1.3.2, 1.1.3.5, 1.1.4.2, 1.1.4.7, 1.1.4.9, 1.1.5.2, 1.1.5.3, 1.1.5.5, 3.1, 3.5, 8.6, 10.1,
10.2, 10.3, 10.4, 14.3, 14.5, 14.15, 20.1
Emp If desired, include a list as per SC 14.5 sub-paragraphs (b)(i) and(c)(i) in the Contract Data.
Con If desired, include a list as per SC 14.5 sub-paragraphs (b)(i) and(c)(i) in the Contract Data. Keep
records for correct quantification in payment applications (refer to SC 14.3(e)).
Comments Amounts to be certified shall be 80% of the Engineer’s determined value, including shipping
costs to the Site.
Linked SC 1.1.1.9, 1.1.4.3, 1.1.4.7, 1.1.4.9, 1.1.5.2, 1.1.5.3, 1.1.5.4, 1.1.5.5, 1.1.6.2, 1.1.6.7, 3.1, 14.2,
14.3, 14.4, 14.15, 18.2
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Eng Shall issue the Payment Certificate relevant to the Contractor’s application under SC 14.3, taking
account of work not done in accordance with the Contract.
Time to act
Eng Within 28 days after receiving the full application as per SC 14.3.
Linked SC 1.1.1.10, 1.1.3.5, 1.1.4.7, 1.1.4.9, 1.1.4.11, 1.1.4.12, 1.1.6.6, 3.1, 3.5, 4.2, 10.1, 10.2, 10.3,
10.4, 14.3, 14.7, 14.8, 14.9, 14.10, 14.15, 16.1, 16.2, 20.1
Emp Pay the Contractor the first instalment of the advance payment.
Pay the Contractor the certified Interim and Final Payment Certificates.
Comments Payments shall be made into specified bank accounts. Conditions apply if the Bank (i.e. funding
agency) loan is suspended.
Linked SC 1.1.1.2, 1.1.1.3, 1.1.2.11, 1.1.4.4, 1.1.4.6, 1.1.4.7, 1.1.4.8, 1.1.4.9, 1.1.4.12, 1.1.6.6, 3.1, 4.2,
7.7, 13.4, 13.8, 14.2, 14.3, 14.6, 14.8, 14.11, 14.12, 14.13, 14.15, 15.2, 15.4, 16.1, 16.2, 16.4
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Comments This claim is not subject to SC 20.1 interest calculated at three percentage points above the
discount rate of the country of currency, or the interbank rate if this is not available.
Linked SC 1.1.1.2, 1.1.4.6, 1.1.4.7, 1.1.4.8, 1.1.4.9, 4.2, 13.4, 14.2, 14.3, 14.6, 14.7, 14.8, 14.9, 14.11,
14.12, 14.13, 14.15, 15.2, 15.4, 16.1, 16.2, 16.4
Con If required for sections, include relevant percentages in the Contract Data.
Eng Certify after taking over (50%) and after the end of the Defects Notification Period (50%).
Time to act
Comments The Engineer may withhold part of the certification if not all the Work has been completed. The
Contractor may provide a guarantee in order to recover the second half of the retention when
the Taking-Over Certificate is issued.
Linked SC 1.1.3.5, 1.1.3.5, 1.1.3.7, 1.1.4.2, 1.1.4.3, 1.1.4.11, 1.1.5.6, 3.1, 4.2, 7.4, 9.1, 9.2, 9.3, 9.4,
10.1, 10.2, 10.3, 10.4, Clause 11, 12.1, 14.2, 14.3, 14.6, 14.8, 14.11, 14.12, 14.13, 14.15
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Con Submit six copies of the Statement of Completion, with supporting documents as per SC 14.3,
showing (a) to (c).
Con Within 84 days after receiving the Taking-Over Certificate for the Works.
Eng As applicable.
Comments None.
Linked SC 1.1.3.5, 1.1.4.7, 1.1.4.9, 1.1.4.12, 3.1, 10.1, 10.2, 10.3, 10.4, 12.1, 14.3, 14.6, 14.10, 14.14
Con Within 56 days after receiving the Performance Certificate (SC 11.9).
Eng As applicable.
Comments After the draft statement, and comments agreed with the Engineer, prepare the Final Statement
(including discharge as per SC 14.12) and submit to the Engineer, unless there is a dispute. In
that case, the Final Statement shall be prepared after resolution and be submitted to the
Employer with a copy to the Engineer.
Linked SC 1.1.3.8, 1.1.4.4, 1.1.4.7, 1.1.4.9, 1.1.4.12, 3.1, 11.9, 12.1, 14.7, 14.8, 14.9, 14.12, 14.13,
14.14, 14.15, 20.4, 20.5
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Con Submit a written statement confirming that the Final Statement (SC 14.11) represents the full
and final settlement of all monies due, including any claims.
Comments May include provision that the discharge becomes effective only when all monies have been
received.
Linked SC 1.1.3.8, 1.1.4.5, 1.1.4.12, 1.1.6.6, 3.1, 4.2, 11.9, 14.7, 14.8, 14.9, 14.11, 14.13, 14.14, 14.15,
20.4, 20.5
Con As applicable.
Eng Within 28 days after receiving the Final Statement and the discharge.
Comments None.
Linked SC 1.1.3.8, 1.1.4.4, 1.1.4.5, 1.1.4.9, 1.1.4.12, 3.1, 11.9, 14.7, 14.8, 14.9, 14.11, 14.12, 14.14,
14.15, 16.2, 19.6, 20.4, 20.5
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Con Ensure you include all liabilities for the Employer in the Final Statement and/or the Statement at
Completion.
Con As required.
Comments There is general cessation of the Employer’s liabilities at end of project except to the extent
stated, or for fraud, deliberate default or reckless misconduct.
Linked SC 1.1.3.5, 1.1.4.5, 1.1.4.12, 2.1, 2.4, 10.1, 10.2, 10.3, 10.4, 14.10, 14.11, 14.12, 14.13, 17.1,
17.3, 17.4, 20.1
Linked SC 1.1.1.2, 1.1.1.9, 1.1.1.10, 1.1.3.1, 1.1.4.1, 1.1.4.2, 1.1.4.6, 1.1.4.7, 1.1.4.8, 1.1.4.9, 1.1.4.10,
1.1.6.2, 4.2, 13.4, 13.5, 14.2, 14.3, 14.4, 14.5, 14.6, 14.7, 14.8, 14.9, 14.11, 14.12, 14.13,
15.2, 15.4, 16.1, 16.2, 16.4
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Eng As applicable.
Comments One possible consequence of failing to comply with a Notice to Correct is that the Employer may
be entitled to terminate the Contract in accordance with SC 15.2.
Linked SC 1.3, 3.1, 4.1, 4.2, 5.3, 7.4, 7.5, Clause 9, 15.2, 15.3, 15.4
Emp Consider if there is a reason as per (a) to (f) to terminate, and, if so, give 14 days’ notice to the
Contractor. For (e) and (f), termination can, by notice, be immediate.
Con Review to ensure the notice is correct, then leave the Site and deliver all Goods, Contractor’s
Documents etc. to the Engineer.
Eng Receive all Goods from the Contractor.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Upon termination, the Employer may complete the Works or have it completed for him by
others.
Linked SC 1.1.2.5, 1.1.2.7, 1.1.2.8, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.7, 1.1.6.1, 1.1.6.5, 1.1.6.6, 1.1.6.7, 1.3,
1.4, 1.7, 3.1, 3.3, 4.1, 4.2, 4.3, 4.4, 4.5, 4.8, 4.17, 5.3, 6.9, 7.4, 7.5, 8.7, Clause 9, 11.4, 14.2,
14.7, 14.8, 14.15, 15.1, 15.3, 15.4
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Eng As soon as is practicable after the Employer has given notice under SC 15.2, proceed as per
SC 3.5 to determine the value of Works done and any other sums due to the Contractor (if any).
Time to act
Eng As applicable.
Comments The valuation is for ‘Works executed in accordance with the Contract’. Therefore, any work not
in accordance with the Contract is excluded from the valuation.
Emp As applicable.
Comments None.
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Emp If desired, terminate the Contract for convenience by giving notice, and return the Performance
Security. Takes effect at the later of 28 days after notice or the return of the Performance
Security.
Con After receiving notice, proceed as per SC 16.3.
Eng Determine the value of work done and issue the Payment Certificate as per SC 19.6.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Termination for convenience does not allow the Employer to have the remainder of the Works
carried out by others or himself.
Linked SC 1.1.5.1, 1.1.6.6, 1.3, 1.4, 3.5, 4.2, 4.17, 16.3, 19.6, 20.1, 20.4, 20.5
Con Follow the individual Bank’s policy and regulations on corrupt and fraudulent practices.
Comments This sub-clause is repeated six times (pages 55 and 56). The third paragraph indicates the Bank to
which it refers.
Linked SC 1.1.2.11, 1.1.2.12, 1.3, 1.4, 1.15, 3.5, 4.2, 16.3, 19.6, 20.1
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Con Consider suspending or slowing the rate of work if the Engineer has failed to certify as per
SC 14.6, or the Employer fails to comply with SC 2.4 or SC 14.7. If so, give 21 days’ notice to the
Employer. Submit a claim for time, cost and profit subject to SC 20.1, with notice to the
Engineer.
Eng After receiving notice, proceed as per SC 3.5.
Time to act
Con As applicable.
Eng As applicable.
Comments One notice to the Employer and one notice to the Engineer! Additional reasons to suspend the
Works are included if the Bank loan is suspended.
Linked SC 1.1.2.11, 1.1.2.12, 1.1.3.3, 1.1.4.2, 1.1.4.3, 1.1.4.7, 1.1.4.9, 1.3, 2.4, 3.1, 3.5, 8.4, 8.11, 8.12,
11.3, 14.1, 14.3, 14.6, 14.7, 14.8, 14.15, 16.2, 19.6, 20.1
Con Consider termination under (a) to (g), and give 14 days’ notice to the Employer. For (f) and (g),
termination may, by notice, be immediate.
Con As applicable.
Comments If the Bank suspends the loan and the Contractor is not paid, additional provisions for suspension
and termination apply.
Linked SC 1.1.1.2, 1.1.2.11, 1.1.4.7, 1.1.4.9, 1.1.4.12, 1.1.6.5, 1.3, 1.4, 1.6, 1.7, 2.4, 2.5, 3.1, 8.8, 8.9,
8.10, 8.11, 14.2, 14.3, 14.6, 14.7, 14.8, 14.13, 14.15, 16.1, 16.4
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Con After notice under SC 15.5, SC 16.2 or SC 19.6, comply with (a) to(c).
Eng Instruct the Contractor regarding which Work must still be completed for protection of life and
safety.
Time to act
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.2.5, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.1, 1.1.6.7, 1.3, 1.4, 3.1, 3.3, 4.3, 4.8, 4.17,
4.18, 15.5, 15.6, 16.3, 19.6
Emp After notice under SC 16.2 has taken effect, act as per (a) to (c).
Con Review the valuation by the Engineer under SC 19.6, and submit a claim for loss of profit or
other loss as a result of termination.
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.6.6, 3.5, 4.2, 14.7, 14.8, 14.15, 16.2, 17.6, 19.6, 20.1, 20.4, 20.5
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Emp Check if the insurance cover has any relevant exclusion applicable to the sub-clause. Refer to
SC 18.3.
Con Check if the insurance cover has any relevant exclusion applicable to the sub-clause. Refer to
SC 18.3.
Eng No specific action is required.
Time to act
Comments A general indemnification clause for the Parties against items listed.
Linked SC 1.1.2.6, 1.1.2.7, 2.3, 4.1, 6.9, 11.1, 11.2, 14.14, 17.6, 18.1, 18.2, 18.3, 18.4
Con Take full responsibility for care of the Works from the Commencement Date until the date of
taking-over as per SC 10.1 or SC 10.2.
Linked SC 1.1.3.2, 1.1.3.5, 1.1.5.2, 1.1.5.3, 1.1.5.6, 1.1.5.8, 1.1.6.1, 1.8, 4.1, 8.1, 10.1, 10.2, 10.3, 10.4,
17.3
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Comments A general listing of all defined risks for which the Employer is responsible.
Linked SC 1.1.2.6, 1.1.2.7, 1.1.2.8, 1.1.5.2, 1.1.5.3, 1.1.5.4, 1.1.6.2, 1.1.6.8, 2.3, 4.4, 4.5, 6.9, 10.2,
14.14, 17.2, 17.4, 18.2, 18.3
Con If an Employer’s Risk as per SC 17.3 occurs, and the Works, Goods or Contractor’s Documents
are damaged or lost, give notice to the Engineer and comply with his relevant instructions.
Potentially claim subject to SC 20.1, with a further notice to the Engineer.
Eng Receive the notice from the Contractor and issue relevant instructions on what to do to repair or
replace or make good. Determine the Contractor’s claim under SC 3.5.
Time to act
Con As applicable.
Eng As applicable.
Linked SC 1.1.3.3, 1.1.4.2, 1.1.4,3, 1.1.5,2, 1.1.5.3, 1.1.6.1, 1.3, 3.1, 3.5, 8.4, 14.1, 14.14, 17.3, 20.1,
20.4, 20.5
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infringement of any patent, registered design, copyrights, trade mark etc. that was caused due to
the Contractor complying with the Contract, or the undue use of the Works.
Con Hold the Employer harmless, but give notice in the event of a claim in relation to the Contractor’s
design, manufacture, construction or execution of the Works or the proper use thereof.
Eng No specific action is required.
Time to act
Comments In the event of a claim, the Parties shall co-operate and assist each other to resolve it. Refer also
to SC 17.6.
Linked SC 1.1.1.5, 1.1.2.1, 1.1.3.1, 1.3, 1.8, 1.9, 1.10, 1.11, 1.13, 2.5, 3.5, 4.17, 5.1, 5.2, 17.6, 20.1
Comments A general clause on exclusion for liability in terms of indirect or consequential damage or loss.
Total liability for the Contractor to the Employer is limited to the Accepted Contract Amount
(SC 1.1.4.1), excluding cases of fraud, deliberate default or reckless misconduct.
Linked SC 1.1.1.10, 1.1.2.1, 1.1.4.1, 1.1.6.3, 4.18, 4.19, 4.20, 16.4, 17.1, 17.5
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Emp Consider which facilities or accommodation may be made available to the Contractor.
Con At hand-over, prepare a fully detailed survey, inventory and report to prove the original condition
when handing back.
Comments If facilities or accommodation are made available, it is important for the Contractor to carry out a
full survey to determine their condition at the time of hand-over.
Linked SC 4.20
Clause 18 [Insurance]
Sub-Clause 18.1 [General Requirements for Insurance]
Specific actions
Emp Effect proper insurance as per the terms stated in the Particular Conditions as well as this sub-
clause, wherever required under the Contract.
Con Effect proper insurance as per the terms approved by the Employer as well as this sub-clause,
wherever required under the Contract.
Eng Check for compliance by the Contractor.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments The Contractor’s insurers may be based in any eligible source country.
Failure to comply with this sub-clause entitles the other Party to effect the required insurance at
the cost of the defaulting Party, subject to SC 2.5 or SC 20.1 as the case may be.
Linked SC 1.1.1.3, 1.1.1.10, 1.1.2.1, 1.1.2.6, 1.1.3.2, 1.1.4.2, 1.1.5.1, 2.3, 2.5, 3.1, 3.5, 4.17, 14.1, 17.1,
18.2, 18.3, 20.1
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Clause 18 [Insurance]
Sub-Clause 18.2 [Insurance for Works and Contractor’s Equipment]
Emp Consider which insurance is to be taken out by the Contractor and which by the Employer. This
shall be incorporated in the Particular Conditions.
Specific actions
Take out required insurances for the full replacement value until the Performance Certificate is
issued.
Con Check the Particular Conditions for insurance requirements. If nothing is stated, the Contractor is
the Insuring Party for insurances under this sub-clause.
Take out the required insurances for full replacement value until the Performance Certificate is
issued.
Eng Check for compliance.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments If at one year after Base Date there is no cover available at commercially reasonable rates,
insurance cover may be an approved omission under SC 18.1, paragraph 11.
Linked SC 1.1.2.1, 1.1.3.1, 1.1.3.5, 1.1.3.6, 1.1.3.8, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.1, 1.1.6.2,
1.1.6.7, 2.5, 3.5, 4.17, 4.23, 10.1, 10.2, 10.3, 10.4, Clause 11, 14.5, 17.1, 17.3, 18.1, 18.2,
18.3
Clause 18 [Insurance]
Sub-Clause 18.3
[Insurance Against Injury to Persons and Damage to Property]
Emp Consider which insurance is to be taken out by the Contractor and which by the Employer. This
shall be incorporated in the Particular Conditions.
Specific actions
Take out the required insurances for the value specified in the Contract Data until the
Performance Certificate is issued.
Con Check the Particular Conditions for insurance requirements. If nothing is stated, the Contractor is
the Insuring Party for insurances under this sub-clause.
Take out the required insurances for the value specified in the Contract Data until the
Performance Certificate is issued.
Eng Check for compliance.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Linked SC 1.1.1.10, 1.1.2.1, 1.1.2.7, 1.1.3.8, 1.1.5.1, 1.1.5.4, 4.17, 6.9, 11.9, 17.1, 17.3, 18.1, 18.2, 18.4
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Clause 18 [Insurance]
Sub-Clause 18.4 [Insurance for Contractor’s Personnel]
Specific actions
Con As applicable.
Eng As applicable.
Comments Subcontractors may take out their own insurance, but the Contractor is responsible for
compliance.
Comments Definition outlining the double test for Force Majeure to apply: it must meet the requirements of
(a) to (d) first; after that it must be an exceptional event or circumstance of the kind listed under
(i) to (v), but is not limited thereto.
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Emp Within 14 days after becoming aware, or when you should have been aware, of the Force
Majeure event or circumstance.
Con Within 14 days after becoming aware, or when you should have been aware, of the Force
Majeure event or circumstance.
Eng As applicable.
Comments Force Majeure can never apply to the contractual obligation to pay the other party under the
terms of the Contract.
Emp Use all reasonable efforts to minimise delay in a Force Majeure event.
Give notice to the Contractor if a Force Majeure event ceases to have effect.
Con Use all reasonable efforts to minimise delay in a Force Majeure event.
Give notice to the Contractor if a Force Majeure event ceases to have effect.
Eng No specific action is required.
Time to act
Emp As applicable.
Con As applicable.
Comments This is the second required notice: refer to the last paragraph of SC 20.1.
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Con If a Force Majeure event results in extra costs and/or delays, claim subject to SC 20.1. Note that
SC 19.1(i) and (v) are excluded from entitlement to costs (i.e. time only).
Comments None.
Linked SC 1.1.1.3, 1.1.4.3, 1.1.6.2, 1.3, 3.1, 3.5, 8.4, 19.1, 19.2, 19.3, 19.5, 20.1
Con Ensure that any Force Majeure agreements with subcontractors are not wider than those under
Clause 19, as they will not excuse you for non-performance under the Contract.
Con As applicable.
Eng As applicable.
Comments None.
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Emp As applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.2.1, 1.1.4.3, 1.1.4.7, 1.1.4.9, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.7, 1.1.6.2, 1.1.6.7, 3.1,
3.5, 4.17, 8.6, 8.8, 8.9, 8.10, 8.11, 8.12, 14.13, 15.5, 15.6, 16.1, 16.3, 16.4, 19.1, 19.2, 19.7,
20.1
including Force Majeure, legal issues etc., give notice to the Contractor to be released from
performance.
Con In any event outside the control of the Parties that prevents further compliance with the Contract,
including Force Majeure, legal issues etc., give notice to the Employer/Engineer to be released
from performance.
Eng Determine the value for Works, etc. as per SC 19.6.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
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Con Any claim under the Contract is subject to this sub-clause. It requires a proper notice within 28
days of the event or when you should have been aware of the event (time-bar), failing which
entitlement is lost! After giving notice, forward detailed particulars of the claim to the Engineer.
Eng Respond to the claim with approval or disapproval, with detailed comments. You may request
further particulars, and determine these under SC 3.5.
Time to act
Con As applicable.
Comments The Engineer may monitor and/or instruct further contemporary record-keeping after being served
a notice. If the Engineer fails to meet the time requirements, either Party may refer to the DB.
Linked SC 1.1.2.5, 1.1.3.3, 1.1.3.6, 1.1.4.7, 1.1.4.9, 1.1.6.7, 1.1.6.8, 1.1.6.9, 1.3, 1.9, 2.1, 2.5, 3.1, 3.3,
3.5, 4.3, 4.6, 4.7, 4.10, 4.12, 4.20, 4.21, 4.24, 7.2, 7.4, 8.4, 8.5, 8.6, 8.8, 8.9, 8.10, 8.11, 8.12,
9.2, 10.2, 10.3, 11.2, 11.4, 11.8, 12.4, 13.1, 13.3, 13.5, 13.7, 13.8, 14.3, 14.4, 14.6, 14.8,
14.14, 15.3, 15.5, 15.6, 16.1, 16.4, 17.4, 17.5, 18.1, 19.3, 19.4, 19.6, 20.1, 20.2, 20.3, 20.4,
20.5, 20.6, 20.7
Emp Consider how many DB members are required and insert the requirements in the Contract Data
(the default number is three). You are responsible for paying half of the DB’s fees.
Con You are responsible for paying half of the DB’s fees.
Emp Appointment within 21 days before the date stated in the Contract Data.
Con Appointment within 21 days before the date stated in the Contract Data.
Comments Appointment, once made, can only be terminated by mutual agreement between the Parties.
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Emp In case of (a) to (d), apply to the appointing entity named in the Contract Data to make the
appointment for the Parties.
Con In case of (a) to (d), apply to the appointing entity named in the Contract Data to make the
appointment for the Parties.
Eng No specific action is required.
Time to act
Emp As applicable.
Con As applicable.
Linked SC 1.1.1.10, 1.1.2.1, 1.1.2.9, 20.1, 20.2, 20.4, 20.5, 20.7, 20.8
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments DB to give its decision within 84 days of first referral. Either Party may issue a Notice of
Dissatisfaction after receiving the DB’s decision (refer to SC 20.5, SC 20.6).
Linked SC 1.1.2.1, 1.1.2.9, 1.1.6.7, 1.1.6.10, 1.3, 2.5, 3.1, 3.3, 3.5, 14.11, 14.12, 14.13, 20.1, 20.2, 20.3,
20.5, 20.6, 20.7, 20.8
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Emp After receiving a notice of dissatisfaction regarding a DB decision, attempt to settle the matter
with the Contractor.
Con After receiving a notice of dissatisfaction regarding a DB decision, attempt to settle the matter
with the Employer.
Eng No specific action is required.
Time to act
Emp As applicable.
Con As applicable.
Comments On or after the 56th day after a Notice of Dissatisfaction regarding a DB decision, arbitration may
be commenced (SC 20.6) by the Party giving the Notice of Dissatisfaction.
Linked SC 1.1.6.10, 1.3, 14.11, 14.12, 14.13, 20.2, 20.3, 20.4, 20.6, 20.7, 20.8
Emp Consider arbitration for any dispute not settled amicably, and for which a DB decision has not
become final and binding (i.e. Notice of Dissatisfaction).
Con Consider arbitration for any dispute not settled amicably, and for which a DB decision has not
become final and binding (i.e. Notice of Dissatisfaction).
Eng Act as a witness if required.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Under arbitration, the dispute can be opened up again. The submission is not limited to those
made under the DB procedure.
Linked SC 1.1.2.1, 1.1.2.9, 1.1.2.11, 1.1.6.5, 1.1.6.10, 3.1, 3.3, 8.6, 20.1, 20.4, 20.5, 20.7, 20.8
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Emp As applicable.
Con As applicable.
Comments If a DB decision has become final and binding (i.e. no Notice of Dissatisfaction), and the other
Party fails to comply with that DB decision, either Party may refer that failure itself to arbitration.
SC 20.4 and SC 20.5 shall then not apply.
Linked SC 1.1.2.1, 1.1.2.9, 1.1.6.5, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6
Emp As applicable.
Con As applicable.
Comments If there is no DB in place (e.g. the DB’s appointment has expired), then for any new dispute
arising SC 20.4 and SC 20.5 shall not apply, and arbitration under SC 20.6 may be commenced.
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