Barr Grutters 2015 Fidic Quick Reference Guide Yellow Book

FIDIC Quick Reference Guide: Yellow Book
ISBN 978-0-7277-6046-3
ICE Publishing: All rights reserved

http://dx.doi.org/10.1680/fqrgyb.60463.001
Clause 1 [General Provisions]

Sub-Clause 1.1 [Definitions]
Specific actions
Emp Consider including the amendments in the General Conditions of the Pink Book 2010
(where appropriate).
Con No specific action is required.
Eng No specific action is required.

Time to act
Emp During the preparation of the tender document.
Con Not applicable.
Eng Not applicable.
Comments 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 the context requires otherwise.
Linked SC Not applicable.

Sub-Clause 1.1.1 [The Contract]
Sub-Clause 1.1.1.1 [Contract]
Specific actions
Emp No specific action is required.

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments The definition states that the Contract includes such documents as the Contract Agreement,
the Letter of Acceptance, the Letter of Tender, the Employer’s Requirements, the Schedules, the
Contractor’s Proposal 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, 1.12, 3.1, 4.1, 5.1, 7.1,
7.2, 7.3, 7.4, 8.1, 9.1, 9.2, 9.3, 9.4, 12.1, 12.2, 12.3, 12.4, 13.6, 13.7, 19.7
Downloaded by [ University of the West of England] on [15/04/24]. Copyright © ICE Publishing, all rights reserved.

Sub-Clause 1.1.1.2 [Contract Agreement]
Specific actions
Emp To sign this document.
Con To sign this document.

Time to act
Emp Within 28 days after the Contractor received the Letter of Acceptance.
Con Within 28 days after the Contractor received the Letter of Acceptance.
Eng Not applicable.
Comments All in accordance with SC 1.6 [Contract Agreement].
Linked SC 1.1.1.1, 1.1.1.3, 1.1.1.6, 1.5, 1.6, 1.8, 11.10, 14.7, 14.8, 14.15, 16.2

Sub-Clause 1.1.1.3 [Letter of Acceptance]
Specific actions
Emp Issue this document as formal confirmation of your acceptance of the Contractor’s offer for the
Works.

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
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

Sub-Clause 1.1.1.4 [Letter of Tender]
Specific actions
Con Attach the Letter to your formal signed offer for the Works.

Time to act
Emp Not applicable.
Con Within the time stated as the due date for submission of a formal offer for the Works.
Eng Not applicable.
Comments The document shall state that it is the ‘Letter of Tender’.
Linked SC 1.1.1.1, 1.1.1.3, 1.1.1.7, 1.1.1.8, 1.1.1.9, 1.1.2.3, 1.5

Sub-Clause 1.1.1.5 [Employer’s Requirements]
Specific actions
Emp Prepare this document as part of the ‘request for tender documentation’.
Con Carefully study this document in order to fully understand the required scope of the Works.
Eng Fully understand this document in order to manage the project effectively.
Time to act
Emp Prior to issuing the request for tender.
Con Prior to submitting the formal offer. Refer also to SC 5.1 [General Design Obligations].
Eng At all times.
Comments This document specifies the purpose, scope, and/or design and/or other technical criteria for the
Works. It needs careful consideration, as it will be the basis for most contractual issues arising
after award. It shall be included in the Contract and it shall be identified as the ‘Employer’s
Requirements’.
Linked SC 1.1.1.1, 1.1.6.9, 1.5, 1.8, 1.9, 1.11, 1.13, 2.1, 4.1, 4.6, 4.18, 4.19, 4.20, 5.1, 5.2, 5.4, 5.5, 5.6,
5.7, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.11, 7.4, 7.8, 8.3, 9.1, 17.5

Sub-Clause 1.1.1.6 [Schedules]
Specific actions
Con To be submitted with the Letter of Tender.

Time to act
Emp Not applicable.
Con Together with submission of the formal offer for the Works.
Eng Not applicable.
Comments This document may include data, lists and schedules of payments or prices.
It shall state that it is a ‘Schedule’.
It shall be included in the Contract.
Linked SC 1.1.1.1, 1.1.1.2, 1.1.1.10, 1.5, 1.8, 4.1, 9.1, 13.1, 13.3, 13.5, 13.6, 13.8, 14.1, 14.4

Sub-Clause 1.1.1.7 [Contractor’s Proposal]
Specific actions
Con To be submitted with the Letter of Tender.

Time to act
Emp Not applicable.
Con Within the time stated as the due date for submission of a formal offer for the Works.
Eng Not applicable.
Comments This document shall state it is a ‘Proposal’.

This document may include preliminary design.
Linked SC 1.1.1.1, 1.1.1.4, 1.1.1.8, 1.1.3.1, 1.1.6.8, 1.5, 4.1, 4.10, 4.12, 5.1

Sub-Clause 1.1.1.8 [Tender]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only. It means the Letter of Tender and all other documents submitted together
therewith by the Contractor as part of his formal offer for the Works.
Linked SC 1.1.1.1, 1.1.1.4, 1.1.1.7, 1.1.3.1, 1.1.6.8, 1.5, 4.1, 4.10, 4.12, 5.1

Sub-Clause 1.1.1.9 [Appendix to Tender]
Specific actions
Emp Complete the sections you deem pertinent to your requirements before submitting the document
as part of the ‘request for tender package’.
Con Complete the remaining sections, and attach the document as part of your Letter to Tender.

Time to act
Emp Not applicable.
Eng Not applicable.
Comments This document shall be entitled ‘Appendix to Tender’.
Linked SC 1.1.1.4, 1.1.2.2, 1.1.2.3, 1.1.2.4, 1.1.3.3, 1.1.3.7, 1.1.4.11, 1.1.5.6, 1.3, 1.4, 1.8, 2.1, 4.2, 5.1,
6.5, 8.1, 8.2, 8.4, 8.6, 8.7, 10.3, 13.4, 13.5, 13.8, 14.2, 14.3, 14.4, 14.5, 14.6, 14.9, 14.15,
18.1, 18.2, 18.3, 20.2, 20.3

Sub-Clause 1.1.1.10 [Schedule of Guarantees and Schedule of Payments]
Specific actions
Con Prepare these documents and submit them together with the Letter of Tender.

Time to act
Emp Not applicable.
Eng Not applicable.
Comments It shall state that it is a ‘Schedule’.

Linked SC 1.1.1.6, 1.8, 9.1, 13.1, 13.3, 13.6, 14.2, 14.4

Sub-Clause 1.1.2 [Parties and Persons]
Sub-Clause 1.1.2.1 [Party]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only. Refers to either the Employer or the Contractor, as the context requires.
Linked SC Appendix to Tender.

Sub-Clause 1.1.2.2 [Employer]
Specific actions
Emp Complete the relevant section in the Appendix to Tender.

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Defines the Employer as named in the Appendix to Tender, or his legal successor in title.
Linked SC 1.1.1.9, 18.4

Sub-Clause 1.1.2.3 [Contractor]
Specific actions
Emp Ensure that the relevant section in the Appendix to Tender is completed upon award of tender.
Con Ensure that the relevant section in the Appendix to Tender is completed upon award of tender.

Time to act
Emp Upon award of tender.
Con Prior to submitting the formal offer.
Eng Not applicable.
Comments Defines the Contractor that submitted a formal offer accepted by the Employer, and as named in
the Appendix to Tender, or his legal successor in title.
Linked SC 1.1.1.4, 1.1.1.9

Sub-Clause 1.1.2.4 [Engineer]
Specific actions
Emp Ensure that the relevant section in the Appendix to Tender is completed.

Time to act
Emp Before submitting the request for tender, or, at the latest, upon award of tender.
Con Not applicable.
Eng Not applicable.
Comments Refers to the Engineer appointed by the Employer and as named in the Appendix to Tender. The
Engineer may be replaced after award in accordance with SC 3.4 [Replacement of the Engineer].
Linked SC 1.1.1.9, Clause 3, 18.4

Sub-Clause 1.1.2.5 [Contractor’s Representative]
Specific actions
Con Name a representative to act on your behalf and 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.
Emp Not applicable.

Time to act
Con At the latest prior to the Commencement Date.

Eng As soon as possible after the Contractor’s request to appoint, revoke or change his
representative.
Comments The 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, 5.2, 7.2, 7.6, 8.10, 8.12, 9.1, 11.1,
12.4, 13.1, 13.3, 13.5, 13.6, 15.2, 16.3, 20.1

Sub-Clause 1.1.2.6 [Employer’s Personnel]
Specific actions
Emp The Employer (or Engineer) to notify the Contractor of all persons who are to be included under
this definition.
Con This is important in relation to inspections carried out under SC 7.3.
Eng To submit notifications on behalf of the Employer.

Time to act
Emp From time to time.
Con Prior to inspections.
Eng From time to time.
Comments The definition includes in any case 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, 5.2, 5.5, 6.3, 6.6, 6.7, 7.3, 8.3, 8.4, 9.2, 17.1, 17.3, 18.1, 18.4

Sub-Clause 1.1.2.7 [Contractor’s Personnel]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only.

Includes the Contractor’s Representative and any other person who assists the Contractor in the
execution of the Works (e.g. external experts, subcontractors).
Linked SC 1.1.2.5, 1.1.2.8, 1.3, 4.1, 4.3, 4.4, 4.5, 4.15, 4.17, 4.20, 4.21, 4.22, 4.23, 4.24, 5.2, 6.4, 6.6,
6.7, 6.9, 6.10, 6.11, 8.3, 8.6, 12.1, 13.6, 15.2, 17.1, 17.3, 18.3, 18.4, 19.1

Sub-Clause 1.1.2.8 [Subcontractor]
Specific actions
Con Consider naming subcontractors in the Contract to avoid the consenting procedure as per
SC 4.4.
Eng Consider a request for consent by the Contractor for subcontractors not named in the Contract.
Emp Not applicable.

Time to act
Con Refer to SC 4.4, and prior to submitting the formal offer.

Eng As soon as possible after the Contractor’s request for consent of a subcontractor not named in
the Contract.
Comments Subcontractors may only be used for a part of the Works.

The definition includes the legal successors in title.
Linked SC 1.1.2.7, 4.4, 4.5, 4.21, 5.1, 15.2, 17.3, 18.4, 19.1, 19.5

Sub-Clause 1.1.2.9 [Dispute Adjudication Board]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.

The Dispute Adjudication Board is either named in the Contract or is appointed in accordance
with SC 20.2 and 20.3.
Linked SC 3.5, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 20.8
10

Sub-Clause 1.1.2.10 [FIDIC]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Spells out the full name of the acronym: Fédération Internationale des Ingénieurs-Conseils.

Sub-Clause 1.1.3 [Dates, Tests, Periods and Completion]
Sub-Clause 1.1.3.1 [Base Date]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.

Means 28 days prior to the latest tender submission date.
Linked SC 1.1.1.7, 1.1.1.8, 4.10, 5.4, 8.5, 13.7, 13.8, 14.15, 17.5, 18.2
11

Sub-Clause 1.1.3.2 [Commencement Date]
Specific actions
Eng To notify the Contractor of this date in accordance with SC 8.1.

Time to act
Emp Not applicable.
Con Not applicable.
Eng Refer to SC 8.1.
Linked SC 1.1.3.3, 4.3, 4.21, 5.1, 8.1, 14.4, 17.2, 18.1

Sub-Clause 1.1.3.3 [Time for Completion]
Specific actions
Emp Ensure the relevant information is included in the Appendix to Tender.

Time to act
Emp Before signing the Contract.
Con Not applicable.
Eng Not applicable.

Includes any extension of time in accordance with SC 8.4.
It is calculated from the Commencement Date.
Linked SC 1.1.1.9, 1.1.3.2, 1.1.5.6, 1.9, 2.1, 4.7, 4.12, 4.24, 5.1, 7.4, 8.2, 8.3, 8.4, 8.5, 8.7, 8.9, 10.1,
10.3, 13.3, 13.7, 13.8, 16.1, 17.4, 19.4, 20.1
12

Sub-Clause 1.1.3.4 [Tests on Completion]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.

Tests are included in the Contract, agreed otherwise by the Parties or instructed as a Variation
under Clause 13.
Can be tests for specific sections.
Linked SC 1.1.5.6, 5.6, 5.7, 8.2, 9.1, 9.2, 9.3, 9.4, 10.1, 10.2, 10.3, 11.6

Sub-Clause 1.1.3.5 [Taking-Over Certificate]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.

Refer to Clause 10.
Linked SC 4.21, 4.23, 5.5, 5.6, 5.7, 6.10, 8.2, 8.7, 9.1, 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
13

Sub-Clause 1.1.3.6 [Tests after Completion]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Tests specified in the Contract to be carried out under Clause 12 after the Works have been
taken over by the Employer.
Linked SC 1.1.5.6, 3.5, 11.1, 11.2, 11.6, 12.1, 12.2, 12.3, 12.4, 14.9, 18.2, 20.1

Sub-Clause 1.1.3.7 [Defects Notification Period]
Specific actions
Emp Ensure that the relevant period is included in the Appendix to Tender.

Time to act
Emp Prior to signing the Contract.
Con Not applicable.
Eng Not applicable.
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.
The period must be stated in the Appendix to Tender.
The period can be extended by the Employer subject to SC 2.5.
Linked SC 1.1.5.6, 2.5, 3.5, 4.23, 5.1, 8.2, 10.1, 10.3, 11.1, 11.2, 11.3, 11.4, 11.9, 12.2, 12.3, 12.4, 14.9
14

Sub-Clause 1.1.3.8 [Performance Certificate]
Specific actions
Eng Issue the Certificate.
Emp Not applicable.

Time to act
Con Not applicable.

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

Sub-Clause 1.1.3.9 [‘day’ and ‘year’]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.

A ‘day’ is a calendar day; a ‘year’ is 365 days.
Note: the only defined words that are not capitalised.
15

Sub-Clause 1.1.4 [Money and Payments]
Sub-Clause 1.1.4.1 [Accepted Contract Amount]
Specific actions
Emp The amount shall be stated in the Letter of Acceptance.

Time to act
Con Not applicable.
Eng Not applicable.
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.
Linked SC 1.1.1.3, 4.11, 13.8, 14.1, 14.2, 14.15, 17.6

Sub-Clause 1.1.4.2 [Contract Price]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
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 Lump Sum under the Yellow Book, although some form of Bill of Quantities
could be included.
Refer to SC 14.1.
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, 5.1, 7.4, 8.3, 8.9, 9.4,
10.2, 10.3, 11.4, 11.8, 12.2, 12.4, 13.3, 13.4, 13.5, 13.7, 13.8, 14.1, 14.3, 14.4, 14.15, 16.1,
17.4, 18.1
16

Sub-Clause 1.1.4.3 [Cost]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
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 the case where the Employer claims under
SC 2.5.
Linked SC 1.6, 2.5, 4.13, 4.15, 7.5, 7.6, 8.6, 11.4, 11.11, 12.3, 13.3, 13.8, 14.1, 14.5, 15.4, 18.2, 19.4,
19.6

Sub-Clause 1.1.4.4 [Final Payment Certificate]
Specific actions
Eng Can only be issued by the Engineer to the Employer.

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Refer to SC 14.13.
Linked SC 1.1.4.5, 1.1.4.7, 14.7, 14.11, 14.13
17

Sub-Clause 1.1.4.5 [Final Statement]
Specific actions
Con Submit a draft final statement, in six copies and with supporting documents, to the Engineer.

Time to act
Emp Not applicable.
Con Within 56 days after receiving the Performance Certificate (refer to SC 11.9).
Eng Not applicable.
Comments Refer to SC 14.11.
Linked SC 1.1.4.4, 1.1.4.12, 11.9, 14.11, 14.12, 14.13, 14.14

Sub-Clause 1.1.4.6 [Foreign Currency]
Specific actions
Emp Ensure that you are able to comply with variable currencies.
Con You may need certain currencies to better procure certain plant or materials.

Time to act
Con Prior to signing the Contract.
Eng Not applicable.
Comments Defines all currencies, which 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. to account for the
impact of exchange-rate fluctuations).
Refer to SC 14.15.
Linked SC 1.1.4.2, 1.1.4.8, 13.4, 13.8, 14.7, 14.8, 14.15
18

Sub-Clause 1.1.4.7 [Interim Payment Certificate]
Specific actions
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
Emp Not applicable.
Con Refer to SC 14.3.
Linked SC 1.1.4.2, 1.1.4.4, 1.1.4.9, 1.1.4.11, 1.1.4.12, 2.5, 3.5, 4.12, 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

Sub-Clause 1.1.4.8 [Local Currency]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only, stating that it shall be the currency of the Country as defined by SC 1.1.6.2.
Linked SC 1.1.4.6, 1.1.6.2, 13.4, 13.8, 14.7, 14.8, 14.15, 19.5
19

Sub-Clause 1.1.4.9 [Payment Certificate]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Collective term for any payment certificate (interim or final) issued in accordance with Clause 14.
Linked SC 1.1.4.2, 1.1.4.7, 1.1.4.9, 1.1.4.11, 1.1.4.12, 2.5, 3.5, 4.12, 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

Sub-Clause 1.1.4.10 [Provisional Sum]
Specific actions
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.
Eng If applicable, the Engineer to instruct the Contractor accordingly (refer to SC 13.5).
Time to act
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 3.3, 4.11, 13.5, 14.2, 14.15
20

Sub-Clause 1.1.4.11 [Retention Money]
Specific actions
Emp The percentage and limit of retention are to be inserted in the Appendix to Tender.
Con Check the Appendix to Tender and SC 14.3 and 14.9 for details that might have an effect on the
tender price.

Time to act
Eng Not applicable.
Comments None.
Linked SC 1.1.1.9, 1.1.4.7, 1.1.4.9, 14.2, 14.3, 14.6, 14.9

Sub-Clause 1.1.4.12 [Statement]
Specific actions
Con Check for detailed requirements before submitting a Statement. Refer to Clause 14.
Eng Check for contractual compliance when receiving a Statement from the Contractor.
Time to act
Emp Not applicable.
Con Refer to Clause 14.
Eng Refer to Clause 14.
Linked SC 1.1.4.2, 1.1.4.5, 1.1.4.7, 1.1.4.9, 14.2, 14.3, 14.6, 14.7, 14.10, 14.11, 14.12, 14.13, 14.14,
16.2(b)
21

Sub-Clause 1.1.5 [Works and Goods]
Sub-Clause 1.1.5.1 [Contractor’s Equipment]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments All things required by the Contractor to complete the Works other than Temporary Works, and
those things intended to form or forming part of the Permanent Works.
Linked SC 1.1.5.2, 1.1.5.4, 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,
17.5, 18.1, 18.2, 18.3, 19.6

Sub-Clause 1.1.5.2 [Goods]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only, of Contractor’s Equipment, Materials, Plant and Temporary Works.
Refer to SC 4.16 [Transport of Goods]
Linked SC 1.1.5.1, 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, 5.7, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.4, 8.6, 8.9, 8.10, 8.12, 9.1, 11.2, 11.3, 11.4,
11.5, 12.1, 12.4, 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
22

Sub-Clause 1.1.5.3 [Materials]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only, of all things intended to form part of the Permanent Works.
Linked SC 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, 5.7,
7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.4, 8.6, 8.9, 8.10, 8.12, 9.1, 11.2, 11.3, 11.4, 11.5, 12.1,
12.4, 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

Sub-Clause 1.1.5.4 [Permanent Works]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
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, 6.6, 10.2, 14.5, 17.3, 18.3
23

Sub-Clause 1.1.5.5 [Plant]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only, of all things other than material intended to form part of the Permanent Works.
Refer to SC 4.16 [Transport of Goods].
Linked SC 1.1.5.2, 1.1.5.3, 2.1, 3.2, 4.1, 4.6, 4.16, 4.21, 5.7, 7.1, 7.3, 7.4, 7.5, 7.6, 7.7, 8.10, 8.12, 9.1,
11.2, 11.3, 11.4, 11.5, 12.4, 13.5, 13.6, 14.3, 14.4, 14.5, 16.3, 18.2, 19.6

Sub-Clause 1.1.5.6 [Section]
Specific actions
Emp If intended, sections should be specified in the Appendix to Tender.
Con Check if specified, otherwise not applicable.

Time to act
Con Before signing the Contract.
Eng Not applicable.
Comments Means a part of the works, as specified.
Linked SC 1.1.1.9, 1.1.3.3, 1.1.3.4, 1.1.3.6, 1.1.3.7, 5.4, 5.5, 5.6, 5.7, 8.2, 8.4, 9.1, 9.3, 9.4, 10.1, 10.2,
10.3, 10.4, 11.1, 11.3, 12.1, 12.2, 12.3, 12.4, 14.9, 17.2
24

Sub-Clause 1.1.5.7 [Temporary Works]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
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, 4.1, 4.6, 4.8, 4.17, 4.23, 11.11, 13.1, 13.3, 13.6, 15.2, 19.6

Sub-Clause 1.1.5.8 [Works]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition of Permanent and/or Temporary Works.
Linked SC 1.1.5.4, 1.1.5.7, 6.2, 17.2
25

Sub-Clause 1.1.6 [Other Definitions]
Sub-Clause 1.1.6.1 [Contractor’s Documents]
Specific actions
Emp Should be specified in the Employer’s Requirements.
Con In addition these include ‘As-Built’ and ‘Operation and Maintenance Manuals’, together with all
other technical documents prepared for the execution of the Contract.

Time to act
Con As applicable.
Eng Not applicable.
Linked SC 1.8, 1.10, 2.1, 4.1, 4.6, 4.21, 5.2, 5.3, 5.6, 5.8, 7.2, 8.3, 11.1, 11.9, 14.3, 15.2, 16.3, 17.2,
17.4, 18.2

Sub-Clause 1.1.6.2 [Country]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only, referring to the country where the Permanent Works (or most of it) are to be
executed.
Linked SC 1.1.4.8, 1.1.5.4, 1.4, 2.2, 4.2, 4.10, 5.3, 5.4, 7.7, 8.5, 13.7, 13.8, 14.2, 14.5, 14.7, 14.8, 14.15,
17.3, 18.2, 19.4, 19.6
26

Sub-Clause 1.1.6.3 [Employer’s Equipment]
Specific actions
Emp Must be stated in the Specification.
Con Check the Specification.

Time to act
Eng Not applicable.
Comments Means all things made available by the Employer for the Contractor’s use during the execution of
the project.
Linked SC 1.1.5.1, 2.5, 3.5, 4.20, 17.6

Sub-Clause 1.1.6.4 [Force Majeure]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Definition only, referring to Clause 19.
Linked SC Clause 19
27

Sub-Clause 1.1.6.5 [Laws]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
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, 4.3, 4.10, 4.18, 5.2, 5.4, 6.4, 6.11, 7.7, 13.7, 15.2, 16.2, 19.7,
20.6, 20.7

Sub-Clause 1.1.6.6 [Performance Security]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Refers to SC 4.2.
Linked SC 2.1, 4.2, 11.5, 14.2, 14.6, 14.7, 14.12, 15.2, 15.5, 16.4
28

Sub-Clause 1.1.6.7 [Site]
Specific actions
Emp Should be specified in the Contract.
Con Check what is specified.

Time to act
Eng Not applicable.
Comments Place(s) where the Permanent Works are to be executed, or other specified places.
Linked SC 1.1.5.2, 1.1.5.3, 1.1.5.4, 1.8, 1.10, 2.1, 2.2, 2.3, 4.1, 4.3, 4.4, 4.5, 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, 5.1, 5.6, 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

Sub-Clause 1.1.6.8 [Unforeseeable]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Meaning not reasonably foreseeable at the time of tender.
Linked SC 1.1.1.7, 1.1.1.8, 3.5, 4.6, 4.12, 7.6, 8.4, 8.5, 17.3, 20.1
29

Sub-Clause 1.1.6.9 [Variation]
Specific actions
Con Can only be instructed or approved under Clause 13.
Eng Must be instructed or approved under Clause 13.

Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.

Particularly refer to SC 3.3 [Instructions of the Engineer].
Linked SC 1.1.1.5, 1.8, 3.3, 3.5, 4.5, 4.6, 4.12, 4.21, 5.1, 5.3, 5.4, 7.2, 7.4, 8.3, 8.4, 8.11, 11.2, 13.1,
13.2, 13.3, 13.5, 13.6, 14.3, 20.1

Sub-Clause 1.2 [Interpretation]
Specific actions
Emp Include clear lines of communication in the tender documents that result in permanent, written
records.
Con Ensure clear lines of communication take account of the need for all agreements to be in writing.
Eng You should set out clear instructions for how communication between the Parties will be
performed.
Time to act
Con As early as possible during the Contract period.
Eng As early as possible during the Contract period.
Comments General clause on how specific text is to be interpreted, including gender issues, and plural versus
singular. In addition, agreements shall 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.
Linked SC 1.4
30

Sub-Clause 1.3 [Communications]
Specific actions
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 the 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 1.1.1.9, 1.1.2.5, 1.1.2.7, 1.4, 1.14, 2.1, 2.2, 2.4, 2.5, 4.1, 4.4, 4.5, 4.7, 4.12, 4.16, 4.21, 5.2,
6.5, 8.1, 8.4, 8.5, 8.6, 8.10, 9.1, 9.2, 9.3, 9.4, 12.1, 12.2, 12.3, 12.4, 13.1, 13.7, 14.3, 16.3,
17.5, 19.4, 19.7, 20.4

Sub-Clause 1.4 [Law and Language]
Specific actions
Emp The Country and Language must be stated in the Appendix to Tender.
Con Check the Appendix to Tender. If nothing is stated, the Language shall be the one the contract is
written in (most of it).
As per SC 4.3 the Contractor’s Representative should be fluent in the Language as defined in
SC 1.4.
Eng Refer to SC 3.2 for possible delegation.
Time to act
Con Prior to signing the Contract Agreement.
Eng As applicable.
Comments The Law is the Law of the Country, and the communications language of the ruling land shall be
stated in the Appendix to Tender.
Linked SC 1.1.1.9, 1.1.2.5, 1.1.6.2, 1.1.6.5, 1.1.6.7, 1.2, 1.3, 3.2, 4.3, 5.3, 5.4, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6,
6.7, 6.8, 6.11, 13.7, 15.2, 15.5, 16.2, 16.3, 19.7
31

Sub-Clause 1.5 [Priority of Documents]
Specific actions
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 in the Contract documents.
Eng Issue any clarification or instruction in the case where an ambiguity or discrepancy is found.
Time to act
Con As soon as the ambiguity or discrepancy is found.
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, 1.1.1.8, 1.1.2.5, 1.6, 1.8, 3.3, 4.3,
5.1

Sub-Clause 1.6 [Contract Agreement]
Specific actions
Emp Sign the Agreement.
Con Sign the Agreement.

Time to act
Emp Within 28 days of issuing the Letter of Acceptance.
Con Within 28 days after receipt of the Letter of Acceptance.
Eng Not applicable.
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.
Linked SC 1.1.1.1, 1.1.1.2, 1.1.1.3, 1.1.4.3, 1.1.6.5, 1.5, 4.2, 6.2, 8.1, 16.2
32

Sub-Clause 1.7 [Assignment]
Specific actions
Emp An assignment of the whole or part of the Contract requires an agreement with the Contractor.
Con An assignment of the whole or part of the Contract requires an agreement with the Employer.

Time to act
Emp As applicable.
Con As applicable.
Eng Not applicable.
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.
Linked SC 15.2, 16.2

Sub-Clause 1.8 [Care and Supply of Documents]
Emp Errors of a technical nature noticed should be communicated promptly.
Specific actions
Con Keep and maintain in your custody on the Site the Contractor’s Documents, the Contract,
documents required under the Employer’s Requirements, correspondence etc. until take-over.
Six copies of the Contractor’s Documents to be supplied to the Engineer.
Noticed errors or defects of a technical nature shall be communicated promptly.
Eng Provide guidance on how to overcome any error or defect noted.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments The actual wording of this 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, 1.1.6.1, 1.5, 1.10, 1.11, 1.12, 2.3,
5.1, 5.2, 5.4, 5.6, 5.7, 5.8, 6.10, 8.3, 17.2, 17.5
33

Sub-Clause 1.9 [Errors in the Employer’s Requirements]
Emp Check to ensure there are no errors within the Employer’s Requirements.
Specific actions
Con Check the Employer’s Requirements for errors. If errors are found and costs or delays are
suffered, give notice and claim in accordance with SC 20.1 (double notification!).
Eng Check if errors could reasonably have been discovered by an experienced contractor. If so, there
is no claim (refer to SC 5.1).
If not, then proceed in accordance with SC 3.5 to formally state to what extent the Contractor
could not have discovered the error, and how much time and/or money the Contractor is entitled
to.

Time to act
Con First notice promptly on finding an 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. shall not be unreasonably withheld).
Comments Both notices could be in one communication.
Linked SC 1.1.1.5, 1.1.3.3, 1.1.4.2, 1.3, 1.11, 3.5, 4.6, 4.7, 4.10, 4.11, 4.12, 4.13, 4.15, 4.18, 4.19, 4.20,
5.1, 5.2, 5.4, 5.5, 5.6, 5.7, 6.1, 6.6, 7.8, 8.3, 8.4, 9.1, 17.5, 20.1

Sub-Clause 1.10 [Employer’s use of Contractor’s Documents]
Specific actions
Con The Contractor, by signing the Contract, gives the Employer rights to copy, use and transfer the
Contractor’s Documents.

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Copyrights stay with the Contractor.

The Employer gets a royalty-free licence to copy, use and communicate the documents but
cannot, without the Contractor’s consent, use the documents towards a third party, other than
envisaged under the contract.
Linked SC 1.1.6.1, 1.1.6.7, 1.8, 5.2, 5.8, 17.5
34

Sub-Clause 1.11 [Contractor’s use of Employer’s Documents]
Specific actions
Emp The Employer gives the rights to the Contractor to copy, use and transfer the Employer’s
Documents.
Con The Contractor 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
Emp For the duration of the Contract.
Con For the duration of the Contract.
Eng Not applicable.
Comments Copyrights stay with the Employer.

The Contractor may, at his own cost, copy, use or communicate the Employer’s Documents, but
cannot do so to third parties, except as necessary under the Contract, without the Employer’s
consent.
Linked SC 1.1.1.5, 1.8, 1.9, 1.12, 5.1, 17.5

Sub-Clause 1.12 [Confidential Details]
Specific actions
Con Disclose all confidential information reasonably requested by the Engineer, for him to verify
compliance with the Contract.
Eng Consider what is reasonable.

Time to act
Emp Not applicable.
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.
Linked SC 1.1.1.1, 1.8, 1.11
35

Sub-Clause 1.13 [Compliance with Laws]
Emp Obtain planning, zoning or similar permissions for the project, unless otherwise specified in the
Specific actions
Particular Conditions, and all other permissions as stated in the Employer’s Requirements. The
Employer must indemnify the Contractor against any failure to do so.
Con Comply with applicable laws, but check the Particular Conditions and Employer’s Requirements
for special requirements.
Obtain all other permits etc. not obtained by the Employer.
Eng Check for compliance by the Contractor.
Time to act
Emp As applicable.
Con As applicable.
Eng At all times.
Comments Prior to letting the Contract, it is advisable to make a list of specific statutory permissions and
duties to be the responsibility of the Contractor and those to be the responsibility of the
Employer. This is necessary to avoid misunderstandings and subsequent potential disputes.
Linked SC 1.1.1.5, 1.1.5.4, 1.1.6.5, 1.14, 2.2, 5.1, 5.3, 13.7, 17.5

Sub-Clause 1.14 [Joint and Several Liability]
Emp Check the validity and integrity of any proposed joint venture, consortium or unincorporated
Specific actions
grouping, and ensure the leader is notified.

Con Notify the Employer of the leader of any formed consortium, joint venture or other
unincorporated grouping of two or more persons. You must not alter your legal status without
prior consent of the Employer.
Eng Ensure that all communications are conducted through the correct channels.
Time to act
Con Prior to signing the Contract Agreement.
Eng Not applicable.
Comments The composition of grouping can only be changed with consent from the Employer (refer to
SC 1.3 – in writing).
Linked SC 1.1.6.5, 1.3, 1.13
36
Clause 2 [The Employer]

Sub-Clause 2.1 [Right of Access to the Site]
Emp Give access to the Site (or parts) within the time(s) stated in the Appendix to Tender and/or the
Employer’s Requirements.
The Employer can withhold access until such time that the Performance Security has been
Specific actions
received from the Contractor (refer to SC 4.2).

If nothing is stated in the Appendix to Tender, then the Contractor can comply with the Schedule
or Programme under SC 8.3.
Con Check the Appendix to Tender and the Employer’s Requirements for details.
If the Employer does not give access as required and you suffer delay and/or cost, give notice to
the Engineer and claim under SC 20.1 (note: double notification). The claim includes profit.
Eng After receiving a notice from the Contractor, proceed in accordance with SC 3.5 to agree or
determine the issue.
Emp As required.
Time to act
Con First notice as soon as possible (refer to SC 1.3).

Second notice within the SC 20.1 time-bar (28 days).
Eng As applicable.
Comments A site inspection should be carried out by the Parties, followed by a formal signing of a hand-
over document.
Linked SC 1.1.1.5, 1.1.1.9, 1.1.3.3, 1.1.4.2, 1.1.5.5, 1.1.6.1, 1.1.6.6, 1.1.6.7, 1.3, 3.5, 4.2, 5.1, 5.2, 5.8,
8.3, 8.4, 11.7, 11.10, 12.4, 14.2, 14.14, 20.1

Sub-Clause 2.2 [Permits, Licences and Approvals]
Specific actions
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.
Con Request assistance from the Employer if needed.
Eng Co-ordinate between the Parties in the event that assistance is required.
Time to act
Emp Only when requested in writing (refer to SC 1.3).
Con As applicable (refer to SC 1.3 – in writing).
Eng As applicable.
Comments Reasonable assistance shall be given to enable the Contractor to obtain any necessary approvals.
The local knowledge and influence of the Employer with regard to local communities and
government agencies frequently places him in a strong position to assist the Contractor to obtain
various licences and approvals.
Linked SC 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.6.2, 1.1.6.5, 1.1.6.7, 1.3, 1.13, 4.13, 4.17, 8.5, 11.10
37

Sub-Clause 2.3 [Employer’s Personnel]
Emp Ensure that your personnel and contractors on the site are in compliance with SC 4.6
Specific actions
[Co-operation]. You also have similar obligations as the Contractor under SC 4.8 (a–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 the 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 at
the Site at the same time. Therefore, good records are important!
Linked SC 1.1.2.6, 1.1.6.7, 1.8, 2.3, 4.6, 4.8, 4.18, 4.22, 5.2, 5.5, 6.3, 6.6, 6.7, 7.3, 8.3, 8.4, 9.2, 17.1,
17.3, 18.1, 18.4

Sub-Clause 2.4 [Employer’s Financial Arrangements]
Emp Give reasonable evidence of your ability to pay the Contract Price (refer to SC 1.1.4.2 and 14.1)
Specific actions
when requested by the Contractor.

This includes details of how this ability may be maintained.
Any planned material changes to financial arrangements must be notified to the Contractor.
Con When deemed necessary, request from the Employer reasonable evidence of his ability to pay the
Contract Price.
Time to act
Emp Within 28 days after having been requested by the Contractor (refer to SC 1.3 – in writing).
Con As applicable.
Eng Not applicable.
Comments The notification of change is not sanctioned, so possible remedy for failure by the Employer to
notify may be through the courts. There is also no clear definition of a ‘material’ change.
Linked SC 1.1.4.2, 1.3, 11.10, Clause 14, 16.1, 16.2
38

Sub-Clause 2.5 [Employer’s Claims]
Emp If you consider you are entitled to moneys from the Contractor under any clause in the Contract,
or to an extension of the Defects Notification Period (refer to SC 1.1.3.7), the Contractor shall be
notified accordingly, with particulars (refer to SC 1.3 – in writing).
Specific actions
No notice is 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 (with proper sub-clause referencing) plus
substantiation of monies claimed or of the extension of the Defects Notification Period requested.
Eng You may also submit notice to 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
Emp As soon as possible.
Con As applicable.
Eng As applicable.
Comments The Employer is not time-barred on giving notice.

Monies determined by the Engineer under SC 3.5 may be offset against Payment Certificates
from the Contractor.
Linked SC 1.1.3.7, 1.1.4.2, 1.1.4.3, 1.1.4.7, 1.1.4.9, 1.1.6.3, 1.3, 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, 14.3, 15.4, 16.2, 17.5, 18.1, 18.2, 20.1, 20.4
39
Clause 3 [The Engineer]

Sub-Clause 3.1 [Engineer’s Duties and Authority]
Emp Shall appoint the Engineer.
State any activities by the Engineer that require specific prior approval by the Employer in the
Particular Conditions. Any further requirements after signing can only be imposed with the
Specific actions
express prior agreement of the Contractor.

Con Check the Contract (including the Employer’s Requirements and the Particular Conditions) for
detailed clarification of the Engineer’s duties and authority.
The Engineer is deemed to act for the Employer.
The Engineer cannot amend the Contract or relieve either Party of their contractual duties,
responsibilities or obligations.
Eng Carry out your duties as assigned under the Contract.
Time to act
Emp Preferably before signing, but this is not expressly required.
Con As applicable.
Eng As applicable.
Comments When the Engineer exercises a task that requires prior approval by the Employer, approval is
deemed to have been given.
Linked SC 1.1.1.1, 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, 5.2, 5.4, 5.6, 5.7, 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
40

Sub-Clause 3.2 [Delegation by the Engineer]
Specific actions

Con Check that any delegations of authority or assigned duties to others have been properly notified
in writing to both the Contractor and the Employer.
Eng When delegating authority or assigning duties to others (or revoking the same), notify the
Contractor and the Employer in writing.
Time to act
Emp Not applicable.
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.
Assistants with delegated authority or assigned duties shall be properly qualified (also Language,
as per 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, 1.1.2.6, 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, 7.8, 8.1

Sub-Clause 3.3 [Instructions of the Engineer]
Emp You cannot issue Instructions to the Contractor.
Specific actions
Con You must comply with any instruction given by the Engineer or his 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, you 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
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments 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.
Refer also to SC 7.6.
Linked SC 1.1.2.4, 1.1.2.5, 1.1.4.10, 1.1.6.9, 1.5, 3.1, 3.2, 4.3, 4.5, 4.6, 4.12, 4.24, 5.2, 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
41

Sub-Clause 3.4 [Replacement of the Engineer]
Specific actions
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).
Time to act
Emp Not less than 42 days before the intended date of replacement.
Con Not indicated, but should be done promptly.
Eng Not applicable.
Comments The Employer should give careful consideration to changing an Engineer during the lifespan of a
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.
Linked SC 1.1.2.4, 1.3, 3.1

Sub-Clause 3.5 [Determinations]
Emp Partake in the Engineer’s duty to consult with the Parties.
Specific actions
Con Partake in the Engineer’s duty to consult with the Parties.

Eng Only the Engineer (not his assistant) can do this (refer to SC 3.2).
The first action is to be mediation in an attempt to seek an amicable solution between the
Parties. If this is not possible, make a fair reasoned determination, taking into account all the
relevant circumstances.
Give notice to both Parties of each determination made (with particulars).
Time to act
Emp As applicable.
Con As applicable.
Eng Determinations must not be unreasonably withheld or delayed (refer to SC 1.3).
Comments Parties shall comply with each determination unless and until they are revised under Clause 20
[Claims, Disputes and Arbitration].
Note that the word ‘determination’ is not a defined term under the Contract.
Linked SC 1.1.2.9, 1.1.3.6, 1.1.3.7, 1.1.4.7, 1.1.4.9, 1.1.6.3, 1.1.6.8, 1.1.6.9, 1.3, 1.9, 2.1, 2.5, 3.1, 3.2,
4.7, 4.12, 4.19, 4.20, 4.24, 5.1, 7.4, 7.5, 7.6, 8.4, 8.5, 8.6, 8.7, 8.8, 8.9, 8.10, 8.11, 8.12, 9.2,
9.4, 10.1, 10.2, 10.3, 11.2, 11.3, 11.4, 11.8, 11.11, 12.2, 12.3, 12.4, 13.3, 13.7, 13.8, 14.3,
14.4, 14.6, 15.3, 15.4, 15.5, 16.1, 16.4, 17.4, 17.5, 18.1, 18.2, 19.4, 19.6, 20.1, 20.2, 20.4
42
Clause 4 [The Contractor]

Sub-Clause 4.1 [Contractor’s General Obligations]
Emp Ensure the Employer’s Requirements allow for an efficient Contractor’s design, as well as a
definition of ‘fit-for-purpose’.
Check the Contractor’s proposal carefully to ensure compatibility with the Employer’s
Specific actions
Requirements.
Con Carry out design, procurement and construction, commissioning etc. and ensure compliance with
the Employer’s Requirements, the Contractor’s Proposal and the Schedules, or what may be
implied from the Contract.
If planned arrangements or methods need to be changed, prior notification to the Engineer is
required (refer to SC 1.3 – in writing).
Eng If needed, require details of arrangements and methods proposed by the Contractor.
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, 1.1.1.7, 1.1.1.8, 1.1.2.7, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.7, 1.1.6.1,
1.1.6.7, 3.1, 4.8, 4.22, 4.23, 5.1, 5.2, 5.3, 5.5, 5.8, 6.9, 11.1, 11.2, 11.5, 11.10, 13.7, 15.1,
15.2, 17.1, 17.2
43

Sub-Clause 4.2 [Performance Security]
Emp Ensure the Performance Security is acceptable!
Specific actions
The amount and currencies required should be stated in the Appendix to Tender.
Con Submit the Performance Security as per the Contract to the Employer, with a copy to the
Engineer. The amount and currencies must be as per the Appendix to Tender. The Performance
Security must be valid for the duration of the Contract (potentially extending its validity).
Eng Receive a copy from the Contractor.
Emp As applicable.
Time to act
Return the Performance Certificate to the Contractor within 21 days after receiving the
Performance Security (refer to SC 1.1.3.8 and 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 the Performance Security only if the Contractor (i) did not extend
its validity as required, (ii) failed to pay within 42 days an amount due to the Employer under
SC 2.5, or (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, 1.1.1.9, 1.1.3.8, 1.1.6.2, 1.1.6.6, 1.6, 2.5, 3.1, 11.9, 14.2, 14.3, 14.6, 14.7, 14.8, 14.9,
14.15, 15.1, 15.2, 15.5, 16.4

Sub-Clause 4.3 [Contractor’s Representative]
Specific actions
Con Shall appoint the Contractor’s Representative with all authority to act on your behalf under the
Contract. He shall be fluent in the Language for communications (refer to SC 1.4). He shall
receive instructions from the Engineer under SC 3.3. He shall be full-time for the project.
Appointment can only be revoked with prior consent from the Engineer (refer to SC 1.3 – in
writing).
Eng In case the Representative is not named in the Contract, the Engineer is to approve a proposed
suitable candidate.
Time to act
Emp Not applicable.
Con Name the person prior to signing, or propose a suitable candidate as soon possible after award.
Eng As applicable.
Comments The Contractor’s powers may be delegated, but must be notified to the Engineer (refer to SC 1.3
– in writing). Refer also to SC 6.8.
Linked SC 1.1.2.5, 1.1.2.7, 1.1.3.2, 1.1.6.5, 1.1.6.7, 1.4, 1.5, 3.1, 3.2, 3.3, 4.3, 4.5, 4.6, 4.12, 4.24, 5.2,
6.8, 6.11, 7.2, 7.6, 8.10, 8.12, 9.1, 11.1, 12.4, 13.1, 13.3, 13.5, 13.6, 15.2, 16.3, 20.1
44

Sub-Clause 4.4 [Subcontractors]
Specific actions
Con Name the 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.
Emp Not applicable.

Time to act

At least 28 days in advance.
Eng As applicable.
Comments The Contractor cannot subcontract the whole of the Works!

The Contractor is responsible for the acts and defaults of any subcontractor.
Refer to SC 1.1.2.8 and 19.5.
Linked SC 1.1.2.7, 1.1.2.8, 1.1.5.2, 1.1.5.3, 1.1.6.7, 1.3, 3.1, 4.4, 4.5, 5.1, 15.2, 17.3, 18.4, 19.1, 19.5

Sub-Clause 4.5 [Nominated Subcontractors]
Specific actions

Con When instructed by the Engineer under Clause 13, and if there is no reasonable objection,
employ the named subcontractor. Objections must be notified together with supporting
particulars.
Eng Instruct the Contractor under SC 13 to employ a certain subcontractor.
Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.2.5, 1.1.2.7, 1.1.2.8, 1.1.6.7, 1.1.6.9, 1.3, 3.1, 3.3, 4.3, 4.4, 4.5, 5.1, 15.2, 17.3, 18.4,
19.1, 19.5
45

Sub-Clause 4.6 [Co-operation]
Emp If necessary, include specifics in the Contract.
Con As per the Contract, or as instructed by the Engineer, allow (i) the Employer’s Personnel, (ii) other
Specific actions
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, potentially making it a variation under
Clause 13.
Co-ordination with others is only as far as is specified in the Employer’s Requirements, 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, 1.1.5.1, 1.1.5.2, 1.1.5.3, 1.1.5.5, 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, 5.1, 5.2, 5.8, 7.3, 7.4, 8.4, 8.5, Clause 13, 20.1

Sub-Clause 4.7 [Setting Out]
Emp Ensure contractually specified points of reference, levels etc. are correct, as you are responsible
Specific actions
for the accuracy of this information.

Con Verify, with reasonable effort, the accuracy of the given information (refer to SC 5.1).
In the case of delay or extra costs due to error(s) in the information given, which could not
reasonably have been detected prior to the incurred costs or delays, claim under SC 20.1 and
8.4.
Eng If Contractor claims damages, proceed in accordance with SC 3.5.
Time to act
Emp Prior to starting work on Site.
Con As applicable. Remember the time-bar under SC 20.1!
Eng Refer to SC 1.3 – determination cannot be withheld unreasonably.
Comments The Employer is responsible for any errors in the setting-out data, and the Contractor is
responsible for verifying the accuracy of the data before they are used. The Contractor must,
therefore, be proactive in identifying any problems as early as possible.
A claim includes entitlement to profit!
Linked SC 1.1.3.3, 1.1.4.2, 1.3, 1.9, 3.1, 3.5, 5.1, 8.4, 20.1
46

Sub-Clause 4.8 [Safety Procedures]
Specific actions

Con Ensure compliance with safety regulations and the safety of persons entitled to be on the Site.
Keep the Site clear and unobstructed, and provide fencing, lighting, guarding and Temporary
Works as necessary to avoid danger.
Eng Check for the Contractor’s compliance.
Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments The Employer should ensure that appropriate safety regulations for the Country are included in
the Contract documents and also in the Engineer’s consultancy agreements.
Safety procedures also extend 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

Sub-Clause 4.9 [Quality Assurance]
Emp The Contract shall state the requirements.
Specific actions
Con Institute a Quality Assurance system to demonstrate compliance with your contractual
requirements. All documents produced for or in connection with this system shall be marked as
‘approved by the 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.
Linked SC 3.1, 7.1, 7.3, 7.4
47

Sub-Clause 4.10 [Site Data]
Specific actions
Emp Make available all relevant data in your possession on subsurface and hydrological conditions on
the Site, including environmental aspects.
Con Interpret all data received from the Employer.
Eng In the case of a Contractor’s claim under this sub-clause, determine if the issue should have been
detected by the Contractor prior to submitting his 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 1.1.1.7, 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, 5.1,
8.4, 20.1

Sub-Clause 4.11 [Sufficiency of the Accepted Contract Amount]
Specific actions
Con You are deemed to have satisfied yourself with everything necessary to calculate the offered price
correctly, especially in relation to SC 4.10!

Time to act
Emp Not applicable.
Eng Not applicable.
Comments There is severe limitation on claim potential later if this is not done correctly at tender.
Linked SC 1.1.4.1, 1.1.4.10, 1.1.6.7, 1.9, 4.10, 4.12, 5.1, 13.5
48

Sub-Clause 4.12 [Unforeseen Physical Conditions]
Con If applicable, notify the Engineer (refer to SC 1.3 – in writing), stating why the physical conditions
Specific actions
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.
Take into account any physical conditions in other but similar parts of the Site that may be more
favourable to the Contractor as an offset against the claimed costs.
Time to act
Emp Not applicable.
Con As applicable. Remember the SC 20.1 time-bar.
Eng As applicable.
Comments Unforeseeability must be checked in relation to SC 4.10.

Includes man-made obstructions, but excludes climatic conditions.
Linked SC 1.1.1.7, 1.1.1.8, 1.1.2.5, 1.1.3.3, 1.1.4.2, 1.1.4.7, 1.1.4.9, 1.1.6.7, 1.1.6.8, 1.1.6.9, 1.3, 1.9,
3.1, 3.3, 3.5, 4.3, 4.10, 4.11, 5.1, 8.4, 20.1

Sub-Clause 4.13 [Rights of Way and Facilities]
Specific actions

Con Determine if any facilities outside the Site are required for the execution of the Contract. If so,
they must be included in the offered price. This includes access routes, levies across adjacent
lands etc.
Time to act
Emp Not applicable.
Eng Not applicable.
Comments None.
Linked SC 1.1.4.3, 1.1.6.7, 1.9, 2.2, 4.15, 4.23
49

Sub-Clause 4.14 [Avoidance of Interference]
Specific actions
Con You may not interfere with the convenience of the public in any aspect. Hold the Employer
harmless in this regard.
Eng Check for compliance.

Time to act
Emp Not applicable.
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].
Linked SC 4.18, 4.23, 6.5, 6.11, 7.1, 18.3

Sub-Clause 4.15 [Access Route]
Specific actions

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
of the Contract.
Time to act
Emp Not applicable.
Con Before signing the Contract, and as appropriate during execution.
Eng Not applicable.
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.
Linked SC 1.1.2.7, 1.1.4.3, 1.1.6.7, 1.9, 4.13, 6.9
50

Sub-Clause 4.16 [Transport of Goods]
Specific actions
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.

Time to act
Emp Not applicable.
Con At least 21 days prior to the transportation date.
Eng As applicable.
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.
Linked SC 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.7, 1.3, 3.1, 4.23, Clause 18

Sub-Clause 4.17 [Contractor’s Equipment]
Specific actions

Con Equipment brought to the Site may only be used for the Works.
Removal of Equipment from the Site is only with the prior consent of the Engineer, excluding
vehicles for transporting goods or persons.
Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments Refer to SC 4.23 for removal of equipment on completion.
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, 4.17, 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
51

Sub-Clause 4.18 [Protection of the Environment]
Emp Ensure your requirements are included in the Employer’s Requirements.
Specific actions
Con Take all reasonable steps to protect the environment and to limit nuisance to people and
property.
Emissions and surface discharges resulting from your operations shall be within the limits stated
in the Employer’s Requirements and as prescribed by law.
Time to act
Con As applicable.
Eng As applicable.
Comments Requirements for waste disposal should be included in the specifications or Employer’s
requirements.
Linked SC 1.1.1.5, 1.1.6.5, 1.1.6.7, 1.9, 2.3, 4.10, 4.14, 4.21, 4.23, 5.1, 6.5, 6.7, 6.9, 7.1, 13.7, 16.3,
17.6

Sub-Clause 4.19 [Electricity, Water and Gas]
Emp State the details and prices of any supplies provided by you in the Employer’s Requirements.
Specific actions
Monies due must be claimed through SC 2.5.

Con In principle, you are responsible for the supply of these consumable services. If the Employer, as
per the Employer’s Requirements, makes the services available, you must supply any apparatus to
use the services and to measure the quantities used.
Eng If the Employer has supplied any of these services to the Contractor, act in accordance with
SC 3.5 to determine the quantities used and the monies due to the Employer.
Time to act
Emp Before signing the Contract, and as applicable thereafter.
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, 1.1.6.7, 1.9, 2.5, 3.1, 3.5, 5.1, 17.6
52

Sub-Clause 4.20 [Employer’s Equipment and Free-Issue Material]
Emp If any to be available for the Contractor, it shall be stated in the Employer’s Requirements. The
time and place shall be included in the Contract.
Specific actions
Monies due must be claimed through SC 2.5.

Con You assume responsibility for the Employer’s Equipment in the event your personnel drive or
operate it.
When taking delivery of Employer’s Equipment or Free-Issue Material, inspect the quantity and
quality. If not in order, notify the Engineer promptly.
Eng If the Employer has supplied any of this equipment or material to the Contractor, act in
accordance with SC 3.5 to determine the quantities and the monies due to the Employer.
Time to act
Emp Before signing the Contract, and as applicable thereafter.
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, 5.1, 6.9, 17.6, 20.1

Sub-Clause 4.21 [Progress Reports]
Specific actions

Con Prepare reports, in six copies, each month.
Each report to include items (a) to (h) (also refer to SC 6.7 and 6.10).
Continue until all outstanding works have been completed.
Eng Receive reports and check for completeness.
Time to act
Emp Not applicable.
Con Monthly, within 7 days after the month’s end.
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, 4.18, 5.2, 5.8, 6.7, 6.9, 6.10, 8.3, 8.6, 10.1, 10.2, 10.3, 10.4, Clause 13, 14.3, 20.1
53

Sub-Clause 4.22 [Security of the Site]
Specific actions
Emp Ensure the Contractor is informed of who is authorised to be on the Site.
Con Keep unauthorised persons off the Site.
Eng Ensure the Contractor is informed of who is authorised to be on the Site.

Time to act
Emp As applicable.
Con At all times.
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

Sub-Clause 4.23 [Contractor’s Operations on Site]
Specific actions

Con Confine operations to the Site and/or such additional areas as are agreed to by the Engineer as
working areas.
Keep the Site free from obstructions and safe, and remove all that is no longer required.
Time to act
Emp Not applicable.
Con At all times.
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
54

Sub-Clause 4.24 [Fossils]
Emp Assume care and authority over all findings on the Site of fossils, coins, articles of value or
antiquity, and other structures or geological of archaeological interest.
Specific actions
Con Take reasonable measures to prevent damage to these finds, and to avoid removal by any
unauthorised persons, including your own staff.
When found, give notice (first) to the Engineer (refer to SC 1.3 – in writing).
If there is a delay and/or extra costs, give a further notice (second), and claim under SC 20.1
(time-barred notice – third).
Eng Give appropriate instructions when notified by the Contractor of any finds on the Site.
Proceed to 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 any finds, even though the
care of and authority for the finds is with the Employer. Potential for conflict! Refer to SC 6.5.
Linked SC 1.1.2.5, 1.1.2.7, 1.1.3.3, 1.1.4.2, 1.1.6.7, 3.1, 3.3, 3.5, 4.3, 4.23, 6.5, 6.9, 8.4, 20.1
Clause 5 [Design]
Sub-Clause 5.1 [General Design Obligations]
Emp State any design requirements in the Employer’s Requirements.
Include the time for verification by the Contractor in the Appendix to Tender.
Specific actions
Con Scrutinise the Employer’s Requirements and data given under SC 4.7 [Setting Out] for any errors,
omissions, faults, defects etc.
Submit to the Engineer for consent the name and particulars of each proposed designer and
design subcontractor (refer also to SC 4.4).
When faults etc. are discovered, notify the Engineer.
Eng Act in accordance with SC 3.5 if notified of errors, faults etc.

Time to act
Con Within the time stated in the Appendix to Tender, calculated from the Commencement Date
(refer to SC 8.1).
Eng As applicable.
Comments None.
Linked SC 1.1.1.1, 1.1.1.5, 1.1.1.7, 1.1.1.8, 1.1.1.9, 1.1.2.8, 1.1.3.2, 1.1.3.3, 1.1.3.7, 1.1.4.2, 1.1.6.7,
1.1.6.9, 1.5, 1.8, 1.9, 1.11, 1.13, 2.1, 3.1, 3.5, 4.1, 4.4, 4.5, 4.6, 4.7, 4.10, 4.11, 4.12, 4.18,
4.19, 4.20, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.11, 7.8, 8.1,
8.3, 8.4, 9.1, 11.10, 13.7, 17.1, 17.5, 20.1
55
Clause 5 [Design]
Sub-Clause 5.2 [Contractor’s Documents]
Emp In the Employer’s Requirements state what technical documents are required, and whether any of
the Contractor’s Documents need to be submitted for review and/or approval.
Specific actions
Con Prepare all the Contractor’s Documents as specified in the Contract and the Employer’s
Requirements (refer also to SC 5.6 and 5.7).
Submit to the Engineer only those documents that are specifically mentioned for review and/or
approval.
Comply with the Engineer’s comments/instructions upon his review of the submitted documents.
Eng Check for compliance, and review and/or approve the specified documents.
Time to act
Con As applicable.
Eng Unless otherwise agreed, review the documents within 21 days from receipt.
Comments If nothing is stated in the Employer’s Requirements, no documents need to be approved.

Any approval or consent to any submitted document does not relieve the Contractor from his
contractual obligations or responsibilities.
Linked SC 1.1.1.5, 1.1.2.5, 1.1.2.6, 1.1.2.7, 1.1.6.1, 1.1.6.5, 1.1.6.6, 1.3, 1.8, 1.9, 1.10, 2.1, 2.3, 3.1, 3.3,
4.1, 4.3, 4.6, 4.21, 5.1, 5.2, 5.3, 5.6, 5.7, 5.8, 6.9, 7.2, 8.3, 11.1, 11.9, 14.3, 15.2, 16.3, 17.2,
17.4, 17.5, 18.2
Clause 5 [Design]
Sub-Clause 5.3 [Contractor’s Undertaking]
Specific actions

Con Guarantee that the design and Contractor’s Documents, and the execution and the completed
works are in accordance with the Law of the Country (refer to SC 1.4) and the Contract
(as amended by Variations).
Time to act
Emp Not applicable.
Con At all times.
Eng As applicable.
Comments None.
Linked SC 1.4, 4.1, 5.1, 5.4, 5.8, 13.7, 15.1, 15.2
56
Clause 5 [Design]
Sub-Clause 5.4 [Technical Standards and Regulations]
Specific actions
Emp In the Employer’s Requirements state any standards applicable that are not automatically
captured under the Law.
Con Ensure compliance.

Time to act
Con As applicable.
Eng As applicable.
Comments Compliance with the Law means at the time of taking-over. Any changes in requirements after
the Base Date (refer to SC 1.1.3.1) give rise to a potential claim.
Linked SC 1.1.1.5, 1.1.3.1, 1.1.5.6, 1.1.6.2, 1.1.6.5, 1.1.6.9, 1.4, 1.8, 1.9, 3.1, 5.1, 5.3, 8.4, 13.7, 20.1
Clause 5 [Design]
Sub-Clause 5.5 [Training]
Specific actions
Emp Specify the nature and extent of required training in the Employer’s Requirements.
Con Conduct training of the Employer’s Personnel to the extent specified in the Employer’s
Requirements.

Time to act
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.1.5, 1.1.2.6, 1.1.3.5, 1.1.5.6, 1.9, 2.3, 4.1, 5.1, 8.4, 10.1, 10.2, 10.3, 10.4, 11.2, 20.1
57
Clause 5 [Design]
Sub-Clause 5.6 [As-Built Documents]
Emp State the requirements for As-Built Drawings in the Employer’s Requirements, specifically the
number of copies required.
Specific actions
Con Prepare and maintain a complete set of ‘as-built’ records.

Give two copies to the Engineer.
For the As-Built Drawings, request the Engineer’s consent regarding the size, referencing system
and other relevant details. These drawings must be submitted to the Engineer prior to the issue
of the Taking-Over Certificate (refer also to SC 10.1).
Eng Evaluate and give consent to the Contractor’s proposed size, referencing system etc. for the
As-Built Drawings.
Time to act
Con At all times.
Eng As applicable.
Comments Refer also to SC 8.2(b).
Linked SC 1.1.1.5, 1.1.3.4, 1.1.3.5, 1.1.5.6, 1.1.6.1, 1.1.6.7, 1.8, 1.9, 3.1, 5.1, 5.2, 5.8, 8.2, 9.1, 9.2, 9.3,
9.4, 10.1, 10.2, 10.3, 10.4, 11.2, 11.9, 14.11, 14.12, 14.13
Clause 5 [Design]
Sub-Clause 5.7 [Operation and Maintenance Manuals]
Emp In the Employer’s Requirements, specify the requirements for these manuals in order to be able
to operate, maintain, dismantle, reassemble, adjust and repair the Plant (refer to SC 1.1.5.5).
Specific actions
Con Provide the required manuals in accordance with the Employer’s Requirements.
Submit the manuals to the Engineer prior to the commencement of the Tests on Completion
(refer to Clause 9).
The manuals must be submitted to the Engineer prior to the issue of the Taking-Over Certificate
(refer also to SC 10.1).
Time to act
Con As applicable.
Eng As applicable.
Comments Refer also to SC 8.2(b).
Linked SC 1.1.1.5, 1.1.3.4, 1.1.3.5, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.6, 1.8, 1.9, 3.1, 5.1, 5.2, 8.2, 9.1, 9.2,
9.3, 9.4, 10.1, 10.2, 10.3, 10.4, 11.2, 11.9, 12.1, 12.2, 12.3, 12.4, 14.11, 14.12, 14.13
58
Clause 5 [Design]
Sub-Clause 5.8 [Design Error]
Specific actions
Con Correct at your own cost any error found in any of the Contractor’s Documents, notwithstanding
any prior approval.

Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.6.1, 1.8, 1.10, 2.1, 4.1, 4.6, 4.21, 5.2, 5.3, 5.6, 7.2, 8.3, 11.1, 11.9, 14.3, 15.2, 16.3, 17.2,
17.4, 18.2
Clause 6 [Staff and Labour]

Sub-Clause 6.1 [Engagement of Staff and Labour]
Specific actions
Emp If required, state any special arrangements in the Employer’s Requirements.

Con Supply all staff and labour, local or otherwise, to complete the Works, and arrange for their
payment, housing, feeding and transport, unless specified differently in the Employer’s
Requirements.
Time to act
Con At all times.
Eng At all times.
Comments None.
Linked SC 1.1.1.5, 1.4, 1.9, 4.8, 4.22, 5.1, Clause 6
59

Sub-Clause 6.2 [Rates of Wages and Conditions of Labour]
Specific actions
Con Pay wages as are established where the works are carried out.

Time to act
Emp Not applicable.
Con At all times.
Eng At all times.
Comments None.
Linked SC 1.1.1.5, 1.1.5.8, 1.1.6.2, 1.1.6.7, 1.4, 1.6, 4.8, 4.22, 5.1, Clause 6

Sub-Clause 6.3 [Persons in the Service of the Employer]
Specific actions
Con Do not recruit or attempt to recruit from the Employer’s Personnel (refer to SC 1.1.2.6).

Time to act
Emp Not applicable.
Con At all times.
Eng At all times.
Comments None.
Linked SC 1.1.1.5, 1.1.2.6, 1.4, 2.3, 4.8, 4.22, 5.1, Clause 6
60

Sub-Clause 6.4 [Labour Laws]
Specific actions
Con Comply with all relevant labour laws, and require employees to obey all Laws.

Time to act
Emp Not applicable.
Con At all times.
Eng At all times.
Comments None.
Linked SC 1.1.1.5, 1.1.2.7, 1.1.6.5, 1.4, 4.8, 4.22, 5.1, Clause 6

Sub-Clause 6.5 [Working Hours]
Emp State the ‘normal’ working hours applicable in the Appendix to Tender.
Specific actions
Con Check the Appendix to Tender for details of normal working hours.
Unless otherwise stated in the Contract, or if 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
outside the normal working hours. If such work is necessary, notify the Engineer immediately.
Time to act
Con At all times.
Eng At all times.
Comments None.
Linked SC 1.1.1.5, 1.1.1.9, 1.1.6.7, 1.3, 1.4, 3.1, 4.8, 4.14, 4.18, 4.22, 4.23, 4.24, 5.1, Clause 6
61

Sub-Clause 6.6 [Facilities for Staff and Labour]
Specific actions
Emp If you require accommodation and facilities to be provided by the Contractor for the Employer’s
Personnel, this shall be stated in the Employer’s Requirements.
Con Provide accommodation and welfare facilities for your own employees, and as per the Employer’s
Requirements for the Employer’s Personnel (if any).
Time to act
Con At all times.
Eng As applicable.
Comments No personnel shall be housed within structures of the Permanent Works.
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, 5.1, Clause 6

Sub-Clause 6.7 [Health and Safety]
Specific actions
Con Provide sufficient health and safety precautions (e.g. sick bay, ambulance services) for the
Contractor’s Personnel (refer to SC 6.9), in liaison and collaboration with the local health
authorities.
Appoint a qualified accident-prevention officer!
Prepare health and safety reports, and accident reports if and when an accident occurs (refer to
SC 4.21).
Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments Services are also required at the location of the accommodation for the Contractor’s Personnel
and (if required) the Employer’s Personnel.
Refer also to SC 7.1.
Linked SC 1.1.1.5, 1.1.2.6, 1.1.2.7, 1.1.6.7, 1.4, 2.3, 3.1, 4.8, 4.18, 4.21, 4.22, 5.1, Clause 6, 7.1
62

Sub-Clause 6.8 [Contractor’s Superintendence]
Specific actions
Con Provide sufficient suitably qualified staff to oversee and guarantee safe and satisfactory execution
of the Works. They shall be fluent in the project Language (refer to SC 1.4).

Time to act
Emp Not applicable.
Con At all times.
Eng As applicable.
Comments None.
Linked SC 1.1.1.5, 1.4, 4.3, 4.8, 4.22, 5.1, Clause 6

Sub-Clause 6.9 [Contractor’s Personnel]
Specific actions

Con The Contractor’s Personnel (as per SC 1.1.2.7) shall be suitably qualified and skilled in their
respective trades or occupations.
Eng You may require the Contractor to remove (or cause to be removed) any person employed on the
Site or Works for, among other things, misconduct, incompetence or negligence.
Time to act
Emp Not applicable.
Con At all times.
Eng As applicable.
Comments None.
Linked SC 1.1.2.7, 1.1.6.7, 3.1, 4.1, 4.15, 4.17, 4.18, 4.20, 4.21, 4.22, 4.23, 4.24, 5.2, 6.4, 6.6, 6.7, 6.9,
6.10, 6.11, 8.3, 8.6, 12.1, 13.6, 15.2, 17.1, 17.3, 18.3, 18.4, 19.1
63

Sub-Clause 6.10 [Records of Contractor’s Personnel and Equipment]
Specific actions
Con Prepare and keep sufficient records for all your own personnel and each type of equipment.
Details shall be submitted to the Engineer monthly (refer also to SC 4.21).

Time to act
Emp Not applicable.
Con Monthly.
Eng As applicable.
Comments The details of the Contractor’s Personnel and Equipment should be included in the Contractor’s
Monthly Report as required under SC 4.21.
Record keeping continues until all the Works are complete.
Linked SC 1.1.2.7, 1.1.3.5, 1.1.5.1, 1.1.6.7, 1.8, 3.1, 4.17, 4.21, 6.9, 10.1, 10.2, 10.3, 10.4, 13.6

Sub-Clause 6.11 [Disorderly Conduct]
Specific actions
Con Prevent any unlawful, riotous or disorderly conduct by the Contractor’s Personnel.

Time to act
Emp Not applicable.
Con At all times.
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, 5.1, Clause 6
64
Clause 7 [Plant, Materials and Workmanship]

Sub-Clause 7.1 [Manner of Execution]
Specific actions
Con Carry out the Works as per the Contract. Be workmanlike and careful, as per recognised good
practice, and use properly equipped facilities and non-hazardous materials.

Time to act
Emp Not applicable.
Con At all times.
Eng As applicable.
Comments None.
Linked SC 1.1.1.1, 1.1.5.2, 1.1.5.3, 1.1.5.5, 4.8, 4.9, 4.14, 4.18, Clause 6

Sub-Clause 7.2 [Samples]
Emp Specify the required samples in the Contract.
Specific actions
Con At your own cost, submit manufacturers’ standard samples and samples for the Materials
required as per the Contract, and/or other samples instructed by the Engineer as a Variation (refer
to Clause 13). Also provide all relevant product information.
Each sample is to be properly labelled.
Eng Review the samples in accordance with the procedures in the Contractor’s Documents, as per
SC 5.2.
Time to act
Emp Prior to issuing the request to tender.
Con As required.
Eng As applicable.
Comments An Engineer’s non-consent would need to include reasons why a sample does not comply with
the Contract.
Linked SC 1.1.1.1, 1.1.2.5, 1.1.5.2, 1.1.5.3, 1.1.6.1, 1.1.6.9, 3.1, 3.2, 3.3, 4.3, 5.2, 5.8, 7.2, 8.4,
Clause 13, 20.1
65

Sub-Clause 7.3 [Inspection]
Emp Define the Employer’s Personnel if specialist inspections are required (refer to SC 1.1.2.6).
Specific actions
Con Allow adequate access to 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, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.7, 2.3, 3.1, 3.2, 4.6, 4.9, 8.6

Sub-Clause 7.4 [Testing]
Emp Ensure all required tests are included in the Contract, preferably in the Employer’s Requirements
(not so stated).
Con Provide all apparatus, staff etc. as necessary to carry out any test efficiently.
Specific actions
Agree with the Engineer a suitable time and place for each test. However, you may proceed with
the test 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 your intention to witness a test.
You may under Clause 13 vary the agreed tests or order additional tests.
Endorse the 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.
Comments None.
Linked SC 1.1.1.1, 1.1.1.5, 1.1.3.3, 1.1.4.2, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.9, 3.1, 3.2, 3.3, 3.5, 4.6, 4.8,
4.9, 7.5, 7.6, 8.4, 9.1, 9.2, 9.3, 9.4, 10.1, 10.4, 11.6, 11.8, 11.10, 14.9, 15.1, 15.2, 20.1
66

Sub-Clause 7.5 [Rejection]
Emp Check for potential extra costs due to rejection of Plant, Materials, Design etc., and claim under
Specific actions
SC 2.5.
Con Make good any Plant, Materials, 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.
Comments Notification under SC 2.5 may also be carried out by the Engineer.
Linked SC 1.1.4.3, 1.1.5.2, 1.1.5.3, 1.1.5.5, 2.5, 3.1, 3.2, 3.3, 3.5, 7.4, 7.6, 9.3, 15.1, 15.2

Sub-Clause 7.6 [Remedial Work]
Emp In the case of failure by the Contractor to comply with instructions under this sub-clause, employ
other persons to carry out the instruction at the cost of the Contractor, and recover costs under
Specific actions
SC 2.5.
Con Comply with any Engineer’s instruction to remove anything from the Site or re-execute any other
work that is not in accordance with the Contract.
Eng Instruct the Contractor to remove anything from the Site or to re-execute any other work that is
not in accordance with the Contract. The 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.
Comments Notification under SC 2.5 may also be carried out by the Engineer.
Linked SC 1.1.2.5, 1.1.4.3, 1.1.5.2, 1.1.5.3, 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
67

Sub-Clause 7.7 [Ownership of Plant and Materials]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Ownership transfers automatically to the Employer either when Plant and Materials are delivered
to the Site, or when the Contractor is entitled to payment of the value of the Plant and Materials
under SC 8.10, whichever is the earlier.
Linked SC 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.2, 1.1.6.5, 1.1.6.7, 8.3, 8.10, 14.7

Sub-Clause 7.8 [Royalties]
Specific actions
Emp State your requirements in the Employer’s Requirements.

Con Pay all royalties, rents or other for natural materials from outside the Site, and pay for disposal of
materials from demolitions and excavations, or surplus materials, unless such disposal is
contractually allowed within the Site.
Time to act
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.1.5, 1.1.5.2, 1.1.5.3, 1.1.6.7, 1.9, 3.1, 3.2, 5.1
68
Clause 8 [Commencement, Delays and Suspension]

Sub-Clause 8.1 [Commencement of Works]
Specific actions
Emp Sign the Letter of Acceptance (or Contract Agreement) to trigger Commencement of Works
(refer to SC 1.1.1.1 and 1.1.1.3).
Con Receive notice of the Commencement Date (refer to SC 1.1.3.2) from the Engineer.
Eng Notify the Contractor of the Commencement Date.
Emp Not applicable.

Time to act
Con Not less than seven days after notice of the Commencement Date from the Engineer. Start the
Works as soon as is reasonable after the Commencement Date.
Eng At least seven days prior to the intended Commencement Date, and at least within 35 days after
the date of the Letter of Acceptance or Contract Agreement.
Comments None.
Linked SC 1.1.1.1, 1.1.1.3, 1.1.1.9, 1.1.3.2, 1.3, 1.6, 3.1, 3.2, 5.1, 8.3, 8.6, 14.4, 17.2

Sub-Clause 8.2 [Time for Completion]
Specific actions
Emp Ensure the Appendix to Tender 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 Appendix to Tender.
Eng Check for completion in accordance with SC 10.1.
Time to act
Con At all times.
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, 1.1.3.5, 1.1.3.7, 1.1.5.6, 5.6, 5.7, 8.3, 8.4, 8.7, 10.1, 10.2, 10.3, 10.4
69

Sub-Clause 8.3 [Programme]
Specific actions
Con Prepare a detailed programme and submit it to the Engineer.

Notify the Engineer when specific probable future events or circumstances may adversely affect
the Works or Price or delay the Works.
Eng Review the programme received from Contractor, and give notice to the extent it fails to comply
with the Contract.
Emp Not applicable.

Time to act
Con Within 28 days after receiving notice of Commencement (SC 8.1).

Promptly whenever applicable.
Eng Within 21 days after receiving the programme.
Comments If the Engineer does not issue comments within 21 days, the submitted schedule becomes the
programme for the Works.
The Employer’s Personnel are entitled to rely on the programme.
Linked SC 1.1.1.5, 1.1.2.6, 1.1.2.7, 1.1.3.3, 1.1.4.2, 1.1.5.1, 1.1.6.1, 1.1.6.7, 1.1.6.9, 1.3, 1.8, 1.9, 2.1,
2.3, 3.1, 4.17, 4.21, 5.1, 5.2, 5.8, 6.9, 7.7, 8.1, 8.2, 8.4, 8.5, 8.6

Sub-Clause 8.4 [Extension of Time for Completion]
Specific actions
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 an Extension of Time issued under SC 20.1 by the Contractor.
Time to act
Emp Not applicable.
Con As per SC 20.1 (28-day time-bar).
Eng As per the SC 20.1 procedure.
Comments This sub-clause covers all claims for an 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, 1.3, 1.9, 2.1, 2.3,
3.1, 3.5, 4.6, 4.7, 4.10, 4.12, 4.24, 5.1, 5.4, 5.5, 7.2, 7.4, 8.2, 8.3, 8.4, 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
70

Sub-Clause 8.5 [Delays Caused by Authorities]
Specific actions

Con Check for potential delays or disruptions that could not have been foreseen at the Base Date
(SC 1.1.3.1) and arising from actions by authorities or due to the Contractor following
procedures laid down by authorities.
Eng Determine the matter as per SC 8.4 and 20.1.
Time to act
Emp Not applicable.
Con As per SC 8.4(b) and 20.1.
Eng After receiving a relevant claim from the Contractor.
Comments The delay or disruption must have been reasonably unforeseeable, which is 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

Sub-Clause 8.6 [Rate of Progress]
Specific actions
Emp If applicable, issue a claim under SC 2.5.
Con If applicable, comply with instructions from the Engineer.
Eng If the Works are behind programme for reasons other than under SC 8.4, issue instructions to the
Contractor to provide a revised programme, with recovery methods.
Time to act
Emp As per SC 2.5.
Con As applicable.
Eng As applicable.
Comments Refer to SC 3.3 (i.e. instructions to be in writing).

Any claim by the Employer is in addition to the SC 8.7 Delay Damages.
Linked SC 1.1.1.9, 1.1.2.7, 1.1.4.3, 1.1.5.2, 1.1.5.3, 1.3, 2.5, 3.1, 3.3, 3.5, 4.21, 6.9, 7.3, 8.1, 8.3, 8.4,
8.7, 8.8, 14.3, 14.4, 15.2, 19.6, 20.1, 20.6
71

Sub-Clause 8.7 [Delay Damages]
Specific actions
Emp Ensure that the amount of Delay Damages (and the maximum) is stated in the Appendix to
Tender. If applicable, issue a relevant claim under SC 2.5.
Eng If requested by the Employer, issue notice under SC 2.5. And determine Employer’s claim as per
SC 3.5.
Time to act
Emp As applicable under SC 2.5.
Con Not applicable.
Eng As applicable.
Comments Delay Damages are defined as the number of days between the relevant Time for Completion
(SC 8.2) and the date of the Taking-Over Certificate (SC 10.1). This implies there must be a
Taking-Over Certificate for this sub-clause to apply.
Linked SC 1.1.1.9, 1.1.3.3, 1.1.3.5, 2.5, 3.5, 8.2, 8.4, 8.6, 10.1, 10.2, 10.3, 10.4, 15.2

Sub-Clause 8.8 [Suspension of Work]
Specific actions
Con If instructed to suspend all or part of the Works, protect, store and secure such work.
Eng If applicable, give instruction. You may also notify the cause for suspension.
Time to act
Emp Not applicable.
Con Comply with any instruction.
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
72

Sub-Clause 8.9 [Consequences of Suspension]
Specific actions
Con If incurring delays and/or costs, claim as per SC 20.1 and 8.4.
Eng If claimed, determine as per SC 3.5.

Time to act
Emp Not applicable.
Con As applicable (e.g. SC 20.1 time-bar).
Eng As applicable (refer to SC 1.3 and 3.5).
Comments Not applicable if the reason for suspension was the fault of the Contractor and this was duly
notified under SC 8.8.
Linked SC 1.1.3.3, 1.1.4.2, 1.1.5.2, 1.1.5.3, 1.3, 3.1, 3.3, 3.5, 8.4, 8.8, 8.10, 8.11, 8.12, 11.3, 16.2, 19.6,
20.1

Sub-Clause 8.10 [Payment for Plant and Material in Event of Suspension]
Specific actions
Con Mark all relevant plant and materials as the property of the Employer as per the Engineer’s
instructions.
Eng Issue instructions as necessary (refer to SC 3.3 – in writing).

Time to act
Emp Not applicable.
Con As per the Engineer’s instructions.
Eng As applicable.
Comments Only applicable if the suspension longer than 28 days.
Linked SC 1.1.2.5, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.7, 1.3, 3.1, 3.3, 3.5, 4.3, 7.7, 8.4, 8.8, 8.9, 8.11, 8.12,
11.3, 14.3, 16.2, 19.6, 20.1
73

Sub-Clause 8.11 [Prolonged Suspension]
Specific actions
Con Check for the duration of suspension.
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
Emp Not applicable.

Time to act
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 Works) or treat the event
as 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

Sub-Clause 8.12 [Resumption of Work]
Specific actions

Con Examine the Works, Plant and Materials affected by the suspension with the Engineer before
actually proceeding.
Eng Agree with the Contractor what has deteriorated or incurred loss or damage during suspension
that needs to be made good before resumption.
Time to act
Emp Not applicable.
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
74
Clause 9 [Tests on Completion]

Sub-Clause 9.1 [Contractor’s Obligations]
Specific actions
Emp Ensure that all required tests are included in the Contract.
Con Carry out the contractually required tests as referred to under (a) to (c), and notify the Engineer
when you are ready to do a test.
Eng Instruct on the testing day(s) (refer to SC 3.3 – in writing).

Time to act
Con As applicable, but at least 21 days before readiness.
Eng At least within 14 days after the Contractor’s notified date of readiness.
Comments No testing is required if documents as per SC 5.6 [As-Built Documents] and SC 5.7 [Operation
and Maintenance Manuals] have not been provided.
Also refer to SC 7.4 and 14.9.
Linked SC 1.1.1.1, 1.1.1.5, 1.1.1.6, 1.1.1.10, 1.1.2.5, 1.1.3.4, 1.1.3.5, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.6,
1.3, 1.9, 3.1, 3.3, 4.3, 5.1, 5.6, 5.7, 7.4, 9.2, 9.3, 9.4, 10.1, 10.2, 10.3, 10.4, 14.9

Sub-Clause 9.2 [Delayed Tests]
Specific actions
Con If applicable, check if the tests are unduly delayed by the Employer.
Eng If applicable, check if the tests are unduly delayed by either the Employer or the Contractor.
Time to act
Emp Not applicable.
Con If delayed by the Employer, issue a claim as per SC 7.4 and 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
them, 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, 5.6, 5.7, 7.4, 8.4, 9.1, 9.3, 9.4, 10.3, 14.9, 20.1
75

Sub-Clause 9.3 [Re-testing]
Specific actions
Con If applicable, you may require tests to be repeated under the same terms and conditions.
Eng If applicable, you may require tests to be repeated under the same terms and conditions.
Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments Refer to SC 7.5, which shall apply.
Linked SC 1.1.1.1, 1.1.3.4, 1.1.5.6, 1.3, 3.1, 5.6, 5.7, 7.4, 7.5, 9.1, 9.2, 9.4, 10.3, 14.9

Sub-Clause 9.4 [Failure to Pass Tests on Completion]
Specific actions
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 3.5).
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Applies only for work that failed the Tests on Completion and for which the tests have been
repeated under SC 9.3. Note the the Engineer may order new tests, not to be confused with
SC 3.3 Instructions.
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, 5.6, 5.7, 7.4, 9.1, 9.2, 9.3, 10.1,
10.2, 10.3, 10.4, 11.4, 14.9
76
Clause 10 [Employer’s Taking Over]

Sub-Clause 10.1 [Taking Over of the Works and Sections]
Specific actions
Emp The Employer shall take over the Works if completed and the Taking-Over Certificate has been
issued (or deemed so) by the Engineer.
Con Apply for the Taking-Over Certificate.
Eng Reject the application by the Contractor, with reasons, or issue the Taking-Over Certificate, with
instructions on outstanding minor works (including timing).
Emp As applicable.
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, then the Works are deemed as taken
over at day 28.
Comments ‘Deemed’ provision is a potential Delay Damages trap, since the Taking-Over Certificate date 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, 1.1.3.7, 3.5, 4.21, 4.23, 5.5, 5.6, 5.7, 6.10, 8.2, 8.4, 8.7, 9.1, 9.4,
10.2, 10.3, 10.4, 11.1, 11.3, 11.9, 12.1, 12.2, 12.3, 12.4, 13.1, 14.2, 14.4, 14.6, 14.9, 14.10,
14.14, 17.2, 18.2

Sub-Clause 10.2 [Taking Over of Parts of the Works]
Emp You may instruct the Engineer to issue a Taking-Over Certificate for any part of the Works. You
Specific actions
cannot use any part of the Works until it is 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 the claim (if any) submitted by the Contractor. 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
Emp At any time.
Con As applicable.
Eng As applicable.
Comments If the Employer uses part of the Works not yet taken over, that part shall be deemed to be taken
over from the date it is used.
Linked SC 1.1.3.4, 1.1.3.5, 1.1.4.2, 1.1.5.4, 1.1.5.6, 3.1, 3.5, 4.21, 4.23, 5.5, 5.6, 5.7, 6.10, 8.2, 8.7, 9.1,
9.4, 10.1, 10.3, 10.4, 11.1, 13.1, 14.2, 14.4, 14.6, 14.9, 14.10, 14.14, 17.2, 17.3, 18.2, 20.1
77

Sub-Clause 10.3 [Interference with Tests on Completion]
Emp You are deemed to have taken over the Works if you delay the Tests on Completion for more
Specific actions
than 14 days.
Con Carry out any remaining Tests on Completion as soon as is practicable before the end of the
Defects Notification Period. As applicable, claim as per SC 20.1 and 8.4 for costs plus profit.
Eng Issue the Taking-Over Certificate if applicable, determine under SC 3.5 any claim from the
Contractor, and notify him of when any remaining tests can be carried out.
Time to act
Emp Not applicable.
Con As applicable.
Eng For remaining tests give 14 days’ notice.
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, 1.1.5.6, 3.1, 3.5, 4.21, 4.23, 5.5, 5.6, 5.7,
6.10, 8.2, 8.4, 8.7, 9.1, 9.2, 9.3, 9.4, 10.1, 10.2, 10.4, 11.1, 13.1, 14.2, 14.4, 14.6, 14.9,
14.10, 14.14, 17.2, 18.2, 20.1

Sub-Clause 10.4 [Surfaces Requiring Reinstatement]
Specific actions
Eng Ensure any reinstatement of the ground is included in the list of minor outstanding work.
Time to act
Emp Not applicable.
Con Not applicable.
Eng When the Taking-Over Certificate is issued.
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, 5.5, 5.6, 5.7, 6.10, 7.4, 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
78
Clause 11 [Defects Liability]

Sub-Clause 11.1
[Completion of Outstanding Work and Remedying of Defects]
Specific actions
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).
Con Complete all outstanding work as per the Taking-Over Certificate, and remedy all justifiably
notified defects during the Defects Notification Period.
Eng You may act on behalf of the Employer.
Time to act
Emp As applicable.
Con As required.
Eng As applicable.
Comments A statement on pre-condition for the Performance Certificate (refer to SC 11.9).
Linked SC 1.1.2.5, 1.1.3.5, 1.1.3.6, 1.1.3.7, 1.1.5.6, 1.1.6.1, 3.1, 3.3, 4.1, 4.3, 5.2, 5.8, 10.1, 10.2, 10.3,
10.4, 11.2, 11.4, 11.9, 12.3, 17.1

Sub-Clause 11.2 [Costs of Remedying Defects]
Specific actions
Emp Check if any remedial work under SC 11.1 is attributable to any of the listed causes (a–d). If so
Contractor to pay; if none notify Contractor, and Cause 13 applies.
Con Execute at your own 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.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.3.5, 1.1.3.6, 1.1.3.7, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.9, 2.5, 3.5, 4.1, 5.5, 5.6, 5.7, 11.1,
11.6, 11.8, 11.9, 12.3, 13.3, 17.1, 20.1
79

Sub-Clause 11.3 [Extension of Defects Notification Period]
Specific actions
Emp If applicable, claim under SC 2.5.
Con Check if properly claimed.

Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Only if, after taking over (refer to SC 10.1), the Works cannot be used for the stated purpose.
Maximum two years’ 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

Sub-Clause 11.4 [Failure to Remedy Defects]
Specific actions
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.
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, 1.1.4.3, 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,
12.3, 13.3, 15.2, 20.1
80

Sub-Clause 11.5 [Removal of Defective Work]
Specific actions
Emp Consider giving consent to have defective items removed from the Site for repair. This may be
linked to an increased Performance Security or other security.
Con Apply for consent if required.

Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Only if repairs cannot be done expeditiously on Site.
Linked SC 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.6, 1.1.6.7, 1.3, 4.1, 4.2

Sub-Clause 11.6 [Further Tests]
Specific actions
Con If notified by the Engineer, re-test repaired or remedied work.
Eng Notify the Contractor if any re-testing is required after repairs or remedy.
Time to act
Emp As applicable.
Con As applicable.
Eng Notify within 28 days after repairs or remedy.
Comments Which Party is liable for the cost of re-testing is dependent on whether SC 11.2 (a) to (d) applies.
Linked SC 1.1.3.4, 1.1.3.6, 1.3, 3.1, 7.4, Clause 9, 11.2, 11.9, 12.1, 12.2, 12.3, 12.4
81

Sub-Clause 11.7 [Right of Access]
Specific actions
Emp Until the Performance Certificate has been issued, give access to the Contractor to all parts of the
Works and to all operation and plant data, except as may be refused on the grounds of
reasonable security considerations.
Con If required, apply for access.
Time to act
Emp When applied for by the Contractor.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.3.8, 2.1, 11.9

Sub-Clause 11.8 [Contractor to Search]
Specific actions
Con If required by the Engineer, search for the cause of defects.
Eng Consider if the Contractor must search for the cause of any defect.
Time to act
Emp Not applicable.
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 (d), the Contractor shall be paid costs plus profit
for the search.
Linked SC 1.1.4.2, 1.3, 3.1, 3.5, 7.4, 11.2, 20.1
82

Sub-Clause 11.9 [Performance Certificate]
Specific actions

Con Apply for the Performance Certificate.
Eng Issue the Performance Certificate (with a copy to the Employer) at the earliest of either the end
of the Defects Notification Period (SC 1.1.3.7) or such time as the Contractor has completed,
tested, re-tested and supplied all documents required under the Contract.
Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments Only the Performance Certificate constitutes acceptance of the Works.
Linked SC 1.1.3.7, 1.1.3.8, 1.1.4.5, 1.1.6.1, 3.1, 4.2, 5.2, 5.6, 5.7, 5.8, 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

Sub-Clause 11.10 [Unfulfilled Obligations]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
Comments Each Party remains liable for any contractual obligation unfulfilled after the Performance
Certificate has been issued.
Linked SC 1.1.1.2, 1.1.3.8, 2.1, 2.2, 2.4, 4.1, 5.1, 7.4, Clause 9, 11.9, 11.11, Clause 12
83

Sub-Clause 11.11 [Clearance of Site]
Specific actions
Emp Pay outstanding monies (if any) to the Contractor.
Con Upon receipt of the Performance Certificate, pay outstanding monies to the Employer and clear
the Site.

Time to act
Emp As applicable.
Con Within 28 days after the Employer has received a copy of the Performance Certificate.
Eng As applicable.
Comments If the Site is not cleared within 28 days, the Employer may do so at the risk and cost of
Contractor, subject to SC 2.5.
Linked SC 1.1.3.8, 1.1.4.3, 1.1.5.1, 1.1.5.7, 1.1.6.7, 2.5, 3.5, 4.17, 11.9, 11.10
Clause 12 [Tests after Completion]

Sub-Clause 12.1 [Procedures for Tests after Completion]
Specific actions
Emp If required, specify Tests after Completion in the contract. If so, provide all as per (a), and carry
out the tests in accordance with the SC 5.7 manuals.
Con Attend the tests.

Time to act
Emp As soon as is reasonable after taking over (SC 10.1).
Con Within 14 days after having been given 21 days’ notice.
Eng As applicable.
Comments Test results shall be compiled by both parties mutually.
Linked SC 1.1.1.1, 1.1.2.7, 1.1.3.6, 1.1.5.2, 1.1.5.3, 1.1.5.6, 1.3, 5.7, 6.9, 10.1, 11.6, 12.2, 12.3, 12.4,
14.9
84

Sub-Clause 12.2 [Delayed Tests]
Specific actions
Con Consider whether the Employer has delayed any test unreasonably. If so, notify the Engineer, and
claim under SC 20.1.
Eng If claim is notified, proceed per SC 3.5 to determine cost plus profit.
Time to act
Emp Not applicable.
Con As applicable. Note the 28-day time-bar under SC 20.1.
Eng As applicable.
Comments If tests are delayed beyond the Defects Notification period (SC 1.1.3.7) the Works (or section) are
deemed to have passed the test.
Linked SC 1.1.1.1, 1.1.3.6, 1.1.3.7, 1.1.4.2, 1.1.5.6, 1.3, 3.1, 3.5, 5.7, 10.1, 11.6, 12.1, 12.3, 12.4, 14.9,
20.1

Sub-Clause 12.3 [Re-testing]
Specific actions
Emp Consider if a failed test shall be repeated after the defect or damage has been remedied under
SC 11.1(b).
Con Consider if a failed test shall be repeated after the defect or damage has been remedied under
SC 11.1(b).
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments If failure and re-testing are attributable to SC 11.2 (a) to (d), the Employer may claim under
SC 2.5.
Linked SC 1.1.1.1, 1.1.3.6, 1.1.3.7, 1.1.4.3, 1.1.5.6, 1.3, 2.5, 3.5, 5.7, 10.1, 11.1, 11.2, 11.4, 11.6, 12.1,
12.2, 12.4, 14.9, 20.1
85

Sub-Clause 12.4 [Failure to Pass Tests after Completion]
Specific actions
Emp If required, give reasonable access to the Contractor to investigate the reasons for the test failure.
Con Pay non-performance damages or propose to make adjustments to the Works (or section). If the
Employer delays access unreasonably, notify the Engineer and claim under SC 20.1.
Eng Determine claim for costs plus profit under SC 3.5
Emp Give access within the Defects Notification Period (SC 1.1.3.7), failing which the failed tests are
Time to act
deemed to have passed.

Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.1.1, 1.1.2.5, 1.1.3.6, 1.1.3.7, 1.1.4.2, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.5.6, 1.3, 2.1, 3.3, 3.5,
4.3, 5.7, 10.1, 11.6, 12.1, 12.2, 12.3, 14.9, 20.1
Clause 13 [Variations and Adjustments]

Sub-Clause 13.1 [Right to Vary]
Specific actions

Con Execute and be bound by any Variation initiated by the Engineer. Consider if options (i) to (iii)
apply, which, by notice to the Engineer, will allow non-compliance.
Eng Initiate the required Variations by instruction or request for a proposal. If notice is received for
non-compliance, then either cancel, confirm or vary the instructed Variation.
Time to act
Emp Not applicable.
Con As required.
Eng At any time prior to issuing the Taking-Over Certificate.
Comments The Employer can only initiate a Variation through the Engineer.
Linked SC 1.1.1.6, 1.1.1.10, 1.1.2.5, 1.1.3.5, 1.1.5.2, 1.1.5.3, 1.1.5.7, 1.1.6.9, 1.3, 3.1, 3.3, 4.3, 10.1,
10.2, 10.3, 10.4, 13.3, 13.6, 20.1
86

Sub-Clause 13.2 [Value Engineering]
Specific actions
Con If desired, prepare and submit at your own cost a proposal for a Variation that has benefit to the
Employer.
Eng Review and evaluate the Contractor’s proposal.

Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments Any proposal must include items listed in SC 13.3.
Linked SC 1.1.6.9, 3.1, 13.3

Sub-Clause 13.3 [Variation Procedure]
Specific actions

Con If requested, prepare a proposal in writing, including a description of the changed scope, and the
impact on the schedule and costs (if any).
Eng Evaluate any proposal received. If the Variation is instructed, determine the cost plus profit and
time impact as per SC 3.5.
Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments The Contractor cannot delay any work while awaiting the evaluation of a proposal. If the
Contractor is not satisfied with the Engineer’s evaluation under SC 3.5, he may declare dispute,
and follow Clause 20.
Linked SC 1.1.1.6, 1.1.1.10, 1.1.2.5, 1.1.3.3, 1.1.4.2, 1.1.4.3, 1.1.5.7, 1.1.6.9, 3.1, 3.3, 3.5, 4.3, 8.4, 8.11,
8.12, 11.2, 11.4, 13.1, 13.2, 13.6, 20.1
87

Sub-Clause 13.4 [Payment in Applicable Currencies]
Specific actions
Eng Adjustments to the Price must take into account the agreed currencies as per the Contract.
Time to act
Emp Not applicable.
Con Not applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.1.9, 1.1.4.2, 1.1.4.6, 1.1.4.8, 13.8, 14.7, 14.8, 14.15

Sub-Clause 13.5 [Provisional Sums]
Specific actions
Emp If required, include in the Appendix to Tender.
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 1.1.1.6, 1.1.1.9, 1.1.2.5, 1.1.4.2, 1.1.4.10, 1.1.5.2, 1.1.5.3, 1.1.5.5, 1.1.6.9, 3.1, 3.3, 4.3, 4.11,
13.5, 14.2, 14.15
88

Sub-Clause 13.6 [Daywork]
Specific actions
Emp If a daywork schedule is desired, it must be included in the Contract.
Con Execute the relevant instruction from the Engineer, and keep daily detailed records of resources
used.
Eng Instruct the Contractor as required.

Time to act
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, 1.1.1.6, 1.1.1.10, 1.1.2.5, 1.1.2.7, 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, 1.1.6.9, 3.1, 3.3, 4.3, 4.17, 6.9, 6.10, 13.1, 13.3, 14.3

Sub-Clause 13.7 [Adjustments for Changes in Legislation]
Specific actions
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.
Eng Evaluate any claims as per SC 3.5.

Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments Only applies to changes introduced after the Base Date (SC 1.1.3.1).
Linked SC 1.1.1.1, 1.1.3.1, 1.1.3.3, 1.1.4.2, 1.1.6.2, 1.1.6.5, 1.4, 1.13, 1.3, 3.1, 3.5, 4.1, 4.18, 5.1, 5.3,
5.4, Clause 6, 8.4, 8.5, 13.8, 14.1, 14.3, 20.1
89

Sub-Clause 13.8 [Adjustments for Changes in Costs]
Specific actions
Emp If required, include a ‘Table of Adjustment Data’ in the Appendix to Tender.
Con If applicable, carefully complete the ‘Table of Adjustment Data’ in the Appendix to Tender.
Eng If a ‘Table of Adjustment Data’ is included in the Appendix to Tender, 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.
Eng With each payment application from the Contractor.
Comments This sub-clause applies only if and when the Table of Adjustment Data in the Appendix to Tender
has been completed.
Linked SC 1.1.1.6, 1.1.1.9, 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, 8.4, 13.4, 13.7, 14.3, 14.7, 20.1
Clause 14 [Contract Price and Payment]

Sub-Clause 14.1 [The Contract Price]
Specific actions
Emp If any works are to be measured, then the particulars of the measurement and evaluation shall
be stated in the Particular Conditions.

Time to act
Con Not applicable.
Eng Not applicable.
Comments This is essentially a lump sum arrangement. Any quantities included are estimates only.
Linked SC 1.1.1.6, 1.1.4.1, 1.1.4.2, 1.1.4.3, 2.4, 13.7, 14.3, 14.15
90

Sub-Clause 14.2 [Advance Payment]
Specific actions
Emp Include detailed particulars of the amount, instalments etc. in the Appendix to Tender.
Con Include detailed particulars of the amount, instalments etc. in the Appendix to Tender. 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. In particular, SC 4.2
[Performance Security] and an advance payment guarantee.
Time to act
Con Renew the validation of guarantees if required.
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 Appendix to Tender, this
sub-clause shall not apply.
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, 10.1, 10.2, 10.3, 10.4, 13.5, 14.2, 14.3, 14.5, 14.7, 14.8, 14.9, 14.15,
15.2, 16.2

Sub-Clause 14.3 [Application for Interim Payment Certificates]
Specific actions
Con Submit six copies at the end of each month (unless another period is stated in the Contract).
Includes details as per (a) to (g).
Eng Agree the form of the Statement with the Contractor.

Time to act
Emp Not applicable.
Con As required.
Eng Before the first application.
Comments The application shall also include supporting documents such as SC 4.21 [Progress Reports].
Linked SC 1.1.1.9, 1.1.4.2, 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, 5.2, 5.8, 8.6, 8.10, 13.6, 13.7, 13.8, 14.1, 14.2, 14.3, 14.4, 14.5,
14.6, 14.7, 14.8, 14.9, 14.10, 14.15, 20.1
91

Sub-Clause 14.4 [Schedule of Payments]
Specific actions
Emp If required, include the Schedule of Payments in the Contract.
Con If required, include the Schedule of Payments in the Contract.
Eng Certify payment applications as per the schedule.

Time to act
Con Prior to signing the Contract, and as per agreed periods thereafter.
Eng As applicable.
Comments If there is no schedule in the Contract, the Contractor shall submit quarterly estimates of future
payments to the Engineer.
Linked SC 1.1.1.6, 1.1.1.9, 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, 8.1, 8.6, 10.1, 10.2, 10.3, 10.4, 14.3, 14.5, 14.15, 20.1

Sub-Clause 14.5 [Plant and Materials intended for the Works]
Specific actions
Emp If desired, include a list as per SC 14.5, sub-paragraphs (b)(i) and (c)(i), in the Appendix to Tender.
Con If desired, include a list as per SC 14.5, sub-paragraphs (b)(i) and (c)(i), in the Appendix to Tender.
Keep records for correct quantification in payment applications (refer to SC 14.3(e)).
Eng Evaluate payment applications as per subparagraphs (a) to (c).

Time to act
Con Prior to signing the Contract, and monthly thereafter.
Eng Upon receiving the payment application.
Comments Amounts to be certified shall be 80% of the Engineer’s determined value, including costs of
shipping 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
92

Sub-Clause 14.6 [Issue of Interim Payment Certificates]
Specific actions
Eng 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
Emp Not applicable.
Con Not applicable.
Eng Within 28 days after receiving the full application as per SC 14.3.
Comments No certification is required if there is no approved Performance Security as per SC 4.2.
Linked SC 1.1.1.9, 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

Sub-Clause 14.7 [Payment]
Specific actions
Emp Pay the Contractor the first instalment of the advance payment.
Pay the Contractor the certified Interim and Final Payment Certificates.
Con Check for timely receipt of monies due.
Emp Within 42 days of issuing the Letter of Acceptance.

Time to act
Within 56 days after the Engineer has received the application by the Contractor.
Within 56 days after the Employer has received the certificate from the Engineer.
Con At due times.
Eng Not applicable.
Comments Payments shall be made into specified bank accounts.
Linked SC 1.1.1.2, 1.1.1.3, 1.1.4.4, 1.1.4.6, 1.1.4.7, 1.1.4.8, 1.1.4.9, 1.1.4.12, 1.1.6.2, 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
93

Sub-Clause 14.8 [Delayed Payment]
Specific actions
Emp If applicable, pay claimed interest and financing charges.
Con If applicable, claim payable interest and financing charges.

Time to act
Emp When charged.
Con When normal payments are due.
Eng Not applicable.
Comments This claim is not subject to SC 20.1. Interest is calculated at three percentage points above the
discount rate of the Country of currency.
Linked SC 1.1.1.2, 1.1.4.6, 1.1.4.7, 1.1.4.8, 1.1.4.9, 1.1.6.2, 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

Sub-Clause 14.9 [Payment of Retention Money]
Specific actions
Emp Pay as certified by the Engineer.
Con If required for sections, include relevant percentages in the Appendix to Tender.
Eng Certify after taking over (50%) and after the end of the Defects Notification Period (50%).
Time to act
Emp When required.
Eng When required.
Comments The Engineer may withhold part of the certification if not all the Works have been completed.
Linked SC 1.1.1.9, 1.1.3.5, 1.1.3.6, 1.1.3.7, 1.1.4.11, 1.1.5.6, 3.1, 4.2, 7.4, 9.1, 9.2, 9.3, 10.1, 10.2, 10.3,
10.4, Clause 11, Clause 12, 14.2, 14.3, 14.6, 14.8, 14.11, 14.12, 14.13, 14.15
94

Sub-Clause 14.10 [Statement at Completion]
Specific actions
Con Submit six copies of the Statement of Completion, with supporting documents as per SC 14.3
showing (a) to (c).
Eng Certify in accordance with SC 14.6.

Time to act
Emp Not applicable.
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, 14.3, 14.6

Sub-Clause 14.11 [Application for Final Payment Certificate]
Specific actions

Con Submit the draft Final Statement to the Engineer, with supporting documents, in a form
approved by the Engineer, including the value of all work done and any further sums considered
due under the Contract.
Eng Verify the draft statement (consider requesting further information).
Time to act
Emp Not applicable.
Con Within 56 days after receiving the Performance Certificate (SC 11.9).
Eng As applicable.
Comments After the draft statement and comments have been agreed with the Engineer, the Contractor
should prepare the Final Statement (including Discharge as per SC 14.12) and submit it to the
Engineer, unless there is a dispute. In that case the Final Statement shall be prepared after
resolution of the dispute and be submitted to the Employer with a copy to the Engineer.
Linked SC 1.1.3.8, 1.1.4.4, 1.1.4.5, 1.1.4.7, 1.1.4.9, 1.1.4.12, 3.1, 5.6, 5.7, 11.9, 14.7, 14.8, 14.9, 14.12,
14.13, 14.14, 14.15, 20.4, 20.5
95

Sub-Clause 14.12 [Discharge]
Specific actions
Con Submit a written statement confirming that the Final Statement (SC 14.11) represents full and
final settlement of all monies due, including any claims.

Time to act
Emp Not applicable.
Con Together with the Final Statement, as per SC 14.11.
Eng Not applicable.
Comments You may include a provision that 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, 5.6, 5.7, 11.9, 14.7, 14.8, 14.9, 14.11, 14.13, 14.14,
14.15, 20.4, 20.5

Sub-Clause 14.13 [Issue of Final Payment Certificate]
Specific actions
Con Ensure you submit a proper application.
Eng If not applied for by the Contractor, request him to do so. If still no reaction at 28 days
thereafter, issue the Final Payment Certificate with values as are deemed reasonable.
Time to act
Emp Not applicable.
Con As applicable.
Eng Within 28 days after receiving the Final Statement and discharge.
Comments None.
Linked SC 1.1.3.8, 1.1.4.4, 1.1.4.5, 1.1.4.12, 3.1, 5.6, 5.7, 11.9, 14.7, 14.8, 14.9, 14.11, 14.12, 14.14,
14.15, 16.2, 19.6, 20.4, 20.5
96

Sub-Clause 14.14 [Cessation of Employer’s Liability]
Specific actions
Con Ensure to include all liabilities of the Employer in the Final Statement and/or the Statement at
Completion.

Time to act
Emp Not applicable.
Con As required.
Eng Not applicable.
Comments There is general cessation of the Employer’s liabilities at the end of the 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, 14.11, 14.12, 14.13, 17.1, 17.3,
17.4, 20.1

Sub-Clause 14.15 [Currencies of Payment]
Specific actions
Emp State your requirements in the Appendix to Tender.
Con State your requirements in the Appendix to Tender.

Time to act
Eng Not applicable.
Comments If required, include exchange rates.
Linked SC 1.1.1.2, 1.1.1.9, 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, 14.1, 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
97
Clause 15 [Termination by the Employer]

Sub-Clause 15.1 [Notice to Correct]
Specific actions

Con Comply with the Engineer’s notice to make good and remedy any obligation you have failed to
carry out under the Contract.
Eng By notice, require the Contractor to make good and remedy any obligation he has failed to carry
out under the Contract, within a reasonable specified time.
Time to act
Emp Not applicable.
Con Within the specified reasonable time.
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, Clause 12, 15.2, 15.3, 15.4

Sub-Clause 15.2 [Termination by the Employer]
Specific actions
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 if 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 them 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, 4.17, 5.2, 5.3, 5.8, 6.9, 7.4, 7.5, 8.6, 8.7, Clause 9,
11.4, Clause 12, 14.2, 14.7, 14.8, 14.15, 15.1, 15.2, 15.3, 15.4
98

Sub-Clause 15.3 [Valuation at Date of Termination]
Specific actions

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 the work done and any other sums (if any) due to the
Contractor.
Time to act
Emp Not applicable.
Con Not applicable.
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.
Linked SC 1.1.5.2, 1.1.5.3, 3.1, 3.5, 15.1, 15.2, 15.4, 20.1, 20.4, 20.5

Sub-Clause 15.4 [Payment after Termination]
Specific actions
Emp Consider the desired action as per (a) to (c).

Time to act
Emp As applicable.
Con Not applicable.
Eng Not applicable.
Comments None.
Linked SC 1.1.4.3, 2.5, 3.5, 14.7, 14.8, 14.15, 15.1, 15.2, 15.3
99

Sub-Clause 15.5 [Employer’s Entitlement to Termination]
Specific actions
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 your return of the Performance
security.
Con After receiving notice, proceed as per SC 16.3.
Eng Determine the value of the work done and issue a 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
Clause 16 [Suspension and Termination by Contractor]

Sub-Clause 16.1 [Contractor’s Entitlement to Suspend Work]
Specific actions
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 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 to proceed as per SC 3.5.
Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments One notice to the Employer, and one notice to the Engineer!
Linked SC 1.1.3.3, 1.1.4.2, 1.1.4.7, 1.1.4.9, 1.3, 2.4, 3.1, 3.5, 8.4, 8.11, 8.12, 11.3, 14.6, 14.7, 14.8,
14.15, 16.2, 19.6, 20.1
100

Sub-Clause 16.2 [Termination by Contractor]
Specific actions
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.

Time to act
Emp Not applicable.
Con As applicable.
Eng Refer to SC 16.4(b).
Comments None.
Linked SC 1.1.1.2, 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, 14.6, 14.7, 14.8, 14.13, 14.15, 16.1, 16.3, 16.4, 19.6

Sub-Clause 16.3
[Cessation of Work and Removal of Contractor’s Equipment]
Specific actions
Con After notice under SC 15.5, 16.2 or 19.6, comply with (a) to (c).
Eng Instruct the Contractor on which Work must still be completed for the protection of life and
safety.
Time to act
Emp Not applicable.
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, 5.2, 5.8, 15.5, 16.2, 19.6
101

Sub-Clause 16.4 [Payment on Termination]
Specific actions
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.

Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments 1.1.6.6, 3.5, 4.2, 14.7, 14.8, 14.15, 16.2, 16.4, 17.6, 19.6, 20.1, 20.4, 20.5
Clause 17 [Risk and Responsibility]

Sub-Clause 17.1 [Indemnities]
Specific actions
Emp Check if the insurance cover has any relevant exclusion applicable to this sub-clause (refer to
SC 18.3).
Con Check if the insurance cover has any relevant exclusion applicable to this sub-clause (refer to
SC 18.3).
Time to act
Emp As soon as is practicable.
Con As soon as is practicable.
Eng Not applicable.
Comments A general indemnification clause for the Parties against the items listed.
Linked SC 1.1.2.6, 1.1.2.7, 2.3, 4.1, 5.1, 6.9, 11.1, 11.2, 14.14, 17.1, 17.6, 18.1, 18.2, 18.3, 18.4
102

Sub-Clause 17.2 [Contractor’s Care of the Works]
Specific actions
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 10.2.

Time to act
Emp Not applicable.
Con At all times within the period.
Eng Not applicable.
Comments Exclusions to this responsibility are listed in SC 17.3.
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, 5.2, 5.8, 8.1, 10.1, 10.2,
10.3, 10.4, 17.3

Sub-Clause 17.3 [Employer’s Risks]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
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
103

Sub-Clause 17.4 [Consequences of Employer’s Risks]
Specific actions
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
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments Double notification!
Linked SC 1.1.3.3, 1.1.4.2, 1.1.5.2, 1.1.5.3, 1.1.6.1, 1.3, 3.1, 3.5, 5.2, 5.8, 8.4, 14.14, 17.3, 20.1, 20.4,
20.5

Sub-Clause 17.5 [Intellectual and Industrial Property Rights]
Emp Hold the Contractor harmless, but give notice in the event of a claim in relation to any
Specific actions
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.
Time to act
Emp Within 28 days, failing which the claim is deemed waived.
Con Within 28 days, failing which the claim is deemed waived.
Eng Not applicable.
Comments In the event of a claim, the Parties shall co-operate and assist each other to resolve it.
Linked SC 1.1.1.5, 1.1.3.1, 1.1.5.1, 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
104

Sub-Clause 17.6 [Limitation of Liability]
Specific actions
Emp Carry out an assessment of the insurance liability.
Con Assess the insurances contained within the tender.

Time to act
Eng Not applicable.
Comments A general clause on exclusion for liability in terms of indirect or consequential damage or loss.
The total liability of the Contractor with regard 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 1.1.4.1, 1.1.6.3, 4.18, 4.19, 4.20, 16.4, 17.1, 17.5
Clause 18 [Insurance]
Sub-Clause 18.1 [General Requirements for Insurances]
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 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 20.1 as the case may be.
Linked SC 1.1.1.3, 1.1.1.9, 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, 17.1, 18.2, 18.3, 20.1
105
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 the 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 the full replacement value until the Performance Certificate
is issued.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments If one year after the Base Date there is no cover available at commercially reasonable rates, then
insurance cover may be an approved omission under SC 18.1, paragraph 11.
Linked SC 1.1.1.9, 1.1.3.1, 1.1.3.5, 1.1.3.6, 1.1.3.8, 1.1.4.3, 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, 5.2, 5.8, 10.1, 10.2, 10.3, 10.4, Clause 11, Clause 12,
14.5, 17.1, 17.3, 18.1, 18.3
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 Appendix to Tender 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 Appendix to Tender until the
Performance Certificate is issued.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments Excludes things insured under SC 18.2 or 18.4.
Linked SC 1.1.1.9, 1.1.2.7, 1.1.3.8, 1.1.5.1, 1.1.5.4, 4.14, 4.17, 6.9, 11.9, 17.1, 17.3, 18.1, 18.2, 18.4
106
Sub-Clause 18.4 [Insurance for Contractor’s Personnel]
Specific actions
Con Take out insurance against liability for claims, damages, losses etc. arising from injury, sickness
etc. of any person employed by you. The policy shall indemnify the Employer and the Engineer.

Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments Subcontractors may take out their own insurance, but the Contractor is responsible for
compliance.
Linked SC 1.1.2.2, 1.1.2.4, 1.1.2.6, 1.1.2.7, 1.1.2.8, 2.3, 3.1, 4.4, 4.5, 6.9, 17.1, 18.3
Clause 19 [Force Majeure]

Sub-Clause 19.1 [Definition of Force Majeure]
Specific actions

Time to act
Emp Not applicable.
Con Not applicable.
Eng Not applicable.
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.
Linked SC 1.1.2.7, 1.1.2.8, 1.1.5.2, 1.1.5.3, 4.4, 4.5, 6.9, 19.2, 19.3, 19.4, 19.5, 19.6, 19.7
107

Sub-Clause 19.2 [Notice of Force Majeure]
Emp If applicable, give notice to the Contractor that certain or all contractual obligations cannot be
Specific actions
performed due to a Force Majeure event.

Con If applicable, give notice to the Employer that certain or all contractual obligations cannot be
performed due to a Force Majeure event. With reference to SC 19.4, also give copy of the notice
to the Engineer.
Emp Within 14 days after becoming aware, or the time when you should have been aware, of the
Time to act
Force Majeure event or circumstance.

Con Within 14 days after becoming aware, or the time 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.
Linked SC 1.3, 19.1, 19.3, 19.4, 19.5, 19.6

Sub-Clause 19.3 [Duty to Minimise Delay]
Specific actions
Emp Use all reasonable efforts to minimise delay in a Force Majeure event.
Give notice to the Contractor if 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.
Time to act
Emp As applicable.
Con As applicable.
Eng Not applicable.
Comments This is the second required notice.
Linked SC 1.3, 19.1, 19.2, 19.4, 19.5, 20.1
108

Sub-Clause 19.4 [Consequences of Force Majeure]
Specific actions
Con If a Force Majeure event results in extra costs and/or delays, claim subject to SC 20.1.
Note: SC 19.1 (i) and (v) are excluded from entitlement to costs (i.e. time only).
Eng Proceed as per SC 3.5.

Time to act
Emp Not applicable.
Con As applicable (remember the SC 20.1 time-bar).
Eng Upon receipt of notice of a claim.
Comments None.
Linked SC 1.1.3.3, 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

Sub-Clause 19.5 [Force Majeure Affecting a Subcontractor]
Specific actions
Con Ensure that any Force Majeure agreements with subcontractors are not wider than these under
Clause 19, as it will not excuse non-performance under the Contract.

Time to act
Emp Not applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 1.1.2.8, 1.1.4.8, 4.4, 4.5, 19.1, 19.2, 19.3, 19.4
109

Sub-Clause 19.6 [Optional Termination, Payment and Release]
Emp If a Force Majeure event affects the works for more than 84 days, or for more than 140
aggregate days if multiple events under the same Force Majeure event, you may terminate by
Specific actions
seven days’ notice to the Contractor.

Con If a Force Majeure event affects the works for more than 84 days, or for more than 140
aggregate days if multiple events under the same Force Majeure event, you may terminate by
seven days’ notice to the Employer/Engineer, and proceed as per SC 16.3.
Eng Determine the value of the work done as per (a) to (e), and issue the relevant payment certificate
(refer to SC 14.13).
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments None.
Linked SC 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, 16.1, 16.2, 16.3, 16.4, 19.1, 19.2, 19.6, 19.7,
20.1

Sub-Clause 19.7 [Release from Performance under the Law]
Emp In any event outside the control of the Parties that prevents further compliance with the Contract,
Specific actions
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 work etc. as per SC 19.6.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments This sub-clause also applies if further performance is impossible or unlawful.
Linked SC 1.1.1.1, 1.1.6.5, 1.3, 1.4, 19.1, 19.6, 19.7
110
Clause 20 [Claims, Disputes and Arbitration]

Sub-Clause 20.1 [Contractor’s Claims]
Specific actions
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 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 this under SC 3.5.
Time to act
Emp Not applicable.
Con As applicable.
Eng Within 42 days after receipt of a claim.
Comments The Engineer may monitor and/or instruct further contemporary record keeping after being
served a notice.
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, 5.1, 5.4, 5.5, 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, 12.2, 12.3, 12.4, 13.1, 13.3, 13.5, 13.7,
13.8, 14.3, 14.4, 14.6, 14.8, 14.14, 15.3, 16.1, 16.4, 17.4, 17.5, 18.1, 19.3, 19.4, 19.6, 20.2,
20.3, 20.4, 20.5, 20.6, 20.7

Sub-Clause 20.2 [Appointment of the Dispute Adjudication Board]
Emp Consider how many Dispute Adjudication Board members are required, and insert the number in
the Appendix to Tender (the default number is three). You are responsible for paying half of the
Specific actions
Board’s fees. In the case of a dispute, appoint the Dispute Adjudication Board jointly with the
Contractor.
Con Consider how many Dispute Adjudication Board members are required, and insert the number in
the Appendix to Tender (the default number is three). You are responsible for paying half of the
Board’s fees. In the case of a dispute, appoint the Dispute Adjudication Board jointly with the
Employer.
Emp Appoint the Board members within 28 days after a notice of intention to go to the Dispute
Time to act
Adjudication Board by the other Party.

Con Appoint the Board members within 28 days after a notice of intention to go to the Dispute
Adjudication Board by the other Party.
Eng Not applicable.
Comments Appointment, once made, can only be terminated by mutual agreement between the Parties.
Linked SC 1.1.1.9, 1.1.2.9, 3.5, 20.1, 20.3, 20.4, 20.5, 20.7, 20.8
111

Sub-Clause 20.3 [Failure to Agree the Dispute Adjudication Board]
Specific actions
Emp In the case of (a) to (d), apply to the appointing entity named in the Appendix to Tender to make
the appointment for the Parties.
Con In the case of (a) to (d), apply to the appointing entity named in the Appendix to Tender to make
the appointment for the Parties.
Time to act
Emp As applicable.
Con As applicable.
Eng Not applicable.
Comments The appointing entity could be the President of FIDIC.
Linked SC 1.1.1.9, 1.1.2.9, 20.1, 20.2, 20.4, 20.5, 20.7, 20.8

Sub-Clause 20.4 [Obtaining the Dispute Board’s Decision]
Specific actions
Emp Comply with all reasonable requirements/directions from the Dispute Adjudication Board.
Con Comply with all reasonable requirements/directions from the Dispute Adjudication Board.
Eng Comply with all reasonable requirements/directions from the Dispute Adjudication Board.
Time to act
Emp As applicable.
Con As applicable.
Eng As applicable.
Comments The Dispute Adjudication Board must give a decision within 84 days of the first referral. Either
Party may issue a notice of dissatisfaction after receiving the Board’s decision, in which case refer
to SC 20.5 and 20.6.
Linked SC 1.1.2.9, 1.1.6.7, 1.3, 2.5, 3.1, 3.3, 3.5, 14.11, 14.12, 14.13, 15.3, 15.5, 16.4, 17.4, 20.1, 20.2,
20.3, 20.5, 20.6, 20.7
112

Sub-Clause 20.5 [Amicable Settlement]
Specific actions
Emp After a notice of dissatisfaction to a Dispute Adjudication Board decision, attempt to settle the
matter with the Contractor.
Con After a notice of dissatisfaction to a Dispute Adjudication Board decision, attempt to settle the
matter with the Employer.
Time to act
Emp As applicable.
Con As applicable.
Eng Not applicable.
Comments On or after the 56th day after a notice of dissatisfaction to a Dispute Adjudication Board decision,
arbitration may be commenced (SC 20.6).
Linked SC 1.1.2.9, 1.3, 14.11, 14.12, 14.13, 15.3, 15.5, 16.4, 17.4, 20.1, 20.2, 20.3, 20.4, 20.6, 20.7

Sub-Clause 20.6 [Arbitration]
Specific actions
Emp Consider arbitration for any dispute not settled amicably, and for which a Dispute Adjudication
Board decision has not become final and binding (i.e. there is a notice of dissatisfaction).
Con Consider arbitration for any dispute not settled amicably, and for which a Dispute Adjudication
Board decision has not become final and binding (i.e. there is a 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 submissions are not limited to those
made under the Dispute Adjudication Board procedure.
Linked SC 1.1.2.9, 3.1, 3.3, 8.6, 20.1, 20.4, 20.5, 20.7, 20.8
113

Sub-Clause 20.7
[Failure to Comply with Dispute Adjudication Board’s Decision]
Specific actions
Emp See comments.
Con See comments.

Time to act
Emp As applicable.
Con As applicable.
Eng Not applicable.
Comments If a Dispute Adjudication Board decision has become final and binding (i.e. there is no notice of
dissatisfaction), and the other Party fails to comply with that decision, either Party may itself refer
that failure to arbitration. SC 20.4 and SC 20.5 shall then not apply.
Linked SC 1.1.2.9, 1.1.6.5, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6

Sub-Clause 20.8 [Expiry of Dispute Board’s Appointment]
Specific actions
Emp See comments.
Con See comments.

Time to act
Emp As applicable.
Con As applicable.
Eng Not applicable.
Comments If there is no Dispute Adjudication Board in place (e.g. the Board’s appointment has expired),
then for any new dispute arising SC 20.4 and 20.5 shall not apply, and arbitration under SC 20.6
may be commenced.
Linked SC 1.1.2.9, 20.2, 20.3, 20.6
114

Barr Grutters 2015 Fidic Quick Reference Guide Yellow Book

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Barr Grutters 2015 Fidic Quick Reference Guide Yellow Book

Uploaded by

Copyright:

Available Formats

FIDIC Quick Reference Guide: Yellow Book

ICE Publishing: All rights reserved

Clause 1 [General Provisions]

Con No specific action is required.

Eng No specific action is required.

Emp During the preparation of the tender document.

Con Not applicable.

Eng Not applicable.

Linked SC Not applicable.

Clause 1 [General Provisions]

Emp No specific action is required.

Con No specific action is required.

Eng No specific action is required.

Emp Not applicable.

Con Not applicable.

Eng Not applicable.

Clause 1 [General Provisions]

Emp To sign this document.

Con To sign this document.

Eng No specific action is required.

Eng Not applicable.

Comments All in accordance with SC 1.6 [Contract Agreement].

Clause 1 [General Provisions]

Con No specific action is required.

Eng No specific action is required.

Emp Not applicable.

Con Not applicable.

Eng Not applicable.

Clause 1 [General Provisions]

Emp No specific action is required.

Eng No specific action is required.

Emp Not applicable.

Eng Not applicable.

Comments The document shall state that it is the ‘Letter of Tender’.

Linked SC 1.1.1.1, 1.1.1.3, 1.1.1.7, 1.1.1.8, 1.1.1.9, 1.1.2.3, 1.5

Clause 1 [General Provisions]

Emp Prior to issuing the request for tender.

Eng At all times.

Clause 1 [General Provisions]

Emp No specific action is required.

Con To be submitted with the Letter of Tender.

Eng No specific action is required.

Emp Not applicable.

Eng Not applicable.

Clause 1 [General Provisions]

Emp No specific action is required.

Con To be submitted with the Letter of Tender.

Eng No specific action is required.

Emp Not applicable.

Eng Not applicable.

Comments This document shall state it is a ‘Proposal’.

Clause 1 [General Provisions]

Emp No specific action is required.

Con No specific action is required.

Eng No specific action is required.

Emp Not applicable.

Con Not applicable.

Eng Not applicable.

Clause 1 [General Provisions]

Eng No specific action is required.

Emp Not applicable.

Eng Not applicable.

Comments This document shall be entitled ‘Appendix to Tender’.