Conditions of contract for electrical and mechanical works including erection on site with forms of tender and agreement
International Federation of Consulting Engineers
Conditions of contract for electrical and mechanical works including erection on site with forms of tender and agreement Book - Ed.3 - Geneva International Federation of Consulting Engineers 1988 - ii,v,38,vii,ivp.
PREAMBLE 1 PART I: GENERAL CONDITIONS Definitions and Interpretations 1.1Definitions 5 1.2Headings and Titles 7 1.3Interpretation 7 1.4Written Communications 7 1.5Notices, Consents and Approvals 7 1.6Cost, Overhead Charges and Profit 7 1.7Periods 7 Engineer and Engineer's Representative 2.1Engineer's Duties 7 2.2Engineer's Representative 8 2.3Engineer's Power to Delegate 8 2.4Engineer to Act Impartially 8 2.5Engineer's Decisions and Instructions 8 2.6Confirmation in Writing 8 2.7Disputing Engineer's Decisions and Instructions 8 2.8Replacement of Engineer 8 Assignment and Subcontracting 3.1 Assignment 9 4.1 Subcontracting 9 Contract Documents 5.1Ruling Language 9 5.2Day to Day Communications 9 5.3Priority of Contract Documents 9 5.4Documents Mutually Explanatory 9 6.1Contractor's Drawings 9 6.2Consequences of Disapproval of Contractor's Drawings 10 6.3Approved Contractor's Drawings 10 6.4Inspection of Contractor's Drawings 10 6.5Installation Information 10 6.6Operation and Maintenance Manuals 10 6.7Employer's Use of Contractor's Drawings 10 6.8Contractor's Use of Employer's Drawings 10 6.9Manufacturing Drawings 10 7.1Errors in Contractor's Drawings 10 7.2 Errors by Employer or Engineer 11 Obligations of the Contractor 8.1General Obligations 11 8.2Setting Out 11 9.1Contract Agreement 11 10.1Performance Security II 10.2Period of Validity 11 10.3Claims under Performance Security 11 11.1Site Data 12 11.2Sufficiency of Contract Price 12 11.3Physical Obstructions and Conditions 12 12.1Programme to be Furnished 12 12.2Alteration to Programme 13 12.3Revision of Programme 13 13.1Contractor's Representative 13 13.2Objection to Contractor's Employees 13 14.1Contractor's Equipment 13 14.2Safety Precautions 13 14.3Electricity, Water and Gas 13 14.4Employer's Equipment 14 14.5Clearance of Site 14 14.6Opportunities for Other Contractors 14 14.7Authority for Access 14 14.8Information for Import Permits and Licences 14 15.1Compliance with Statutes, Regulations 14 15.2Compliance with Laws 14 16.1Patent Rights 14 16.2Claims in respect of Patent Rights 15 16.3Employer's Warranty for Patent Rights 15 Obligations of the Employer 17.1Access to and Possession of the Site 15 17.2Assistance with Local Regulations 15 17.3Civil Works on Site 15 17.4Consents and Wayleaves 15 17.5Import Permits and Licences 15 Labour 18.1Engagement of Labour 15 18.2Returns of Labour 16 18.3Working Hours 16 18.4Restriction of Working Hours 16 Workmanship and Materials 19.1Manner of Execution 16 19.2Covering up Work 16 19.3Uncovering Work 16 20.1Independent Inspection 16 20.2Inspection and Testing During Manufacture 17 20.3Dates for Inspection and Testing 17 20.4Facilities for Testing 17 20.5Certificate of Testing 17 21.1Rejection 17 22.1Permission to Deliver 17 Suspension of Works, Delivery or Erection 23.1Order to Suspend 17 24.1Cost of Suspension 18 24.2Payment in Event of Suspension 18 24.3 Prolonged Suspension 18 24.4Resumption of Work 18 Completion 25.1 Time for Completion 19 26.1 Extension of Time for Completion 19 26.2Delays by Subcontractors 19 26.3Earlier Completion 19 27.1 Delay in Completion 19 27.2Prolonged Delay 20 Tests on Completion 28.1 Notice of Tests 20 28.2Time for Tests 20 28.3 Delayed Tests 20 28.4 Facilities for Tests on Completion 21 28.5 Retesting 21 28.6 Disagreement as to Result of Tests 21 28.7 Consequences of Failure to Pass Tests on Completion 21 28.8 Use by the Employer 21 28.9 Test Certificate 21 Taking Over 29.1 Taking Over 21 29.2Taking-Over Certificate 21 29.3 Use before Taking Over 22 29.4 Interference with Tests on Completion 22 Defects after Taking Over 30.1 Defects Liability Period 22 30.2Making Good Defects 22 30.3Notice of Defects 22 30.4Extension of Defects Liability Period 22 30.5 Failure to Remedy Defects 23 30.6 Removal of Defective Work 23 30.7 Further Tests on Completion 23 30.8 Right of Access 23 30.9 Defects in Employer's and Engineer's Designs 23 30.10 Contractor to Search 23 30.11 Defects Liability Certificate 23 30.12 Exclusive Remedies 24 Variations 31.1 Engineer's Right to Vary 24 31.2 Variation Order Procedure 24 31.3 Disagreement on Adjustment of the Contract Price 24 31.4 Contractor to Proceed 25 31.5 Records of Costs 25 Ownership of Plant 32.1Ownership of Plant 25 Certificates and Payment 33.1Terms of Payment 25 33.2Method of Application 25 33.3Issue of Certificate of Payment 25 33.4Corrections to Certificates of Payment 25 33.5Payment 25 33.6Delayed Payment 26 33.7Remedies on Failure to Certify or Make Payment 26 33.8Payment by Measurement 26 33.9Application for Final Certificate of Payment 26 33.10Issue of Final Certificate of Payment 26 33.11Final Certificate of Payment Conclusive 26 Claims 34.1 Procedure 27 34.2 Assessment 27 Foreign Currency and Rates of Exchange 35.1Payment in Foreign Currencies 27 35.2Currency Restrictions 27 35.3Rates of Exchange 27 Provisional Sums 36.1Use of Provisional Sums 27 36.2Ordering Work against Provisional Sums 28 36.3Invoices and Receipts 28 36.4Payment against Provisional Sums 28 Risk and Responsibility 37.1Allocation of Risk and Responsibility 28 37.2Employer's Risks 28 37.3Contractor's Risks 29 Care of the Works and Passing of Risk 38.1Contractor's Responsibility for the Care of the Works 29 38.2 Risk Transfer Date 29 39.1Passing of Risk of Loss or of Damage to the Works 29 39.2Loss or Damage Before Risk Transfer Date 29 39.3Loss or Damage After Risk Transfer Date 29 Damage to Property and Injury to Persons 40.1 Contractor's Liability 30 40.2 Employer's Liability 30 41.1Accidents 30 Limitations of Liability 42.1Liability for Indirect or Consequential Damage 30 42.2Maximum Liability 30 42.3Liability after Expiration of Defects Liability Period 30 42.4Exclusive Remedies 30 42.5Mitigation of Loss or Damage 31 42.6Foreseen Damages 31 Insurance 43.1The Works 31 43.2Contractor's Equipment 31 43.3Third Party Liability 31 43.4Employees 31 43.5General Requirements of Insurance Policies 31 43.6Permitted Exclusions from Insurance Policies 32 43.7Remedies on the Contractor's Failure to Insure 32 43.8Amounts not Recovered 32 Force Majeure 44.1Definition of Force Majeure 32 44.2Effect of Force Majeure 32 44.3Notice of Occurrence 32 44.4Performance to Continue 32 44.5Additional Costs caused by Force Majeure 32 44.6Damage caused by Force Majeure 33 44.7Termination in Consequence of Force Majeure 33 44.8Payment on Termination for Force Majeure 33 44.9Release from Performance 33 44.10Force Majeure Affecting Engineer's Duties 33 Default 45.1Notice of Default 33 45.2Contractor's Default 33 45.3Valuation at Date of Termination 34 45.4Payment after Termination 34 45.5Effect on Liability for Delay 34 46.1Employer's Default 34 46.2Removal of Contractor's Equipment 34 46.3Payment on Termination for Employer's Default 34 Changes in Cost and Legislation 47.1Labour, Materials and Transport 34 47.2Statutory and Other Regulations 35 Customs 48.1Customs and Import Duties 35 48.2Clearance through Customs 35 Notices 49.1Notices to Contractor 35 49.2Notices to Employer and Engineer 35 49.3Minutes of Meetings 35 Disputes and Arbitration 50.1Disputes concerning Engineer's Decisions 35 50.2Arbitration 36 50.3Works to Continue 36 50.4Time Limit for Arbitration 36 Law and Procedure 51.1Applicable Law 36 51.2Procedural Law 36 51.3Language 36 PART II: SPECIAL CONDITIONS 37 INDEX i-vii TENDER CONTRACT AGREEMENT
2884320008
692.8 / FIDIC
Conditions of contract for electrical and mechanical works including erection on site with forms of tender and agreement Book - Ed.3 - Geneva International Federation of Consulting Engineers 1988 - ii,v,38,vii,ivp.
PREAMBLE 1 PART I: GENERAL CONDITIONS Definitions and Interpretations 1.1Definitions 5 1.2Headings and Titles 7 1.3Interpretation 7 1.4Written Communications 7 1.5Notices, Consents and Approvals 7 1.6Cost, Overhead Charges and Profit 7 1.7Periods 7 Engineer and Engineer's Representative 2.1Engineer's Duties 7 2.2Engineer's Representative 8 2.3Engineer's Power to Delegate 8 2.4Engineer to Act Impartially 8 2.5Engineer's Decisions and Instructions 8 2.6Confirmation in Writing 8 2.7Disputing Engineer's Decisions and Instructions 8 2.8Replacement of Engineer 8 Assignment and Subcontracting 3.1 Assignment 9 4.1 Subcontracting 9 Contract Documents 5.1Ruling Language 9 5.2Day to Day Communications 9 5.3Priority of Contract Documents 9 5.4Documents Mutually Explanatory 9 6.1Contractor's Drawings 9 6.2Consequences of Disapproval of Contractor's Drawings 10 6.3Approved Contractor's Drawings 10 6.4Inspection of Contractor's Drawings 10 6.5Installation Information 10 6.6Operation and Maintenance Manuals 10 6.7Employer's Use of Contractor's Drawings 10 6.8Contractor's Use of Employer's Drawings 10 6.9Manufacturing Drawings 10 7.1Errors in Contractor's Drawings 10 7.2 Errors by Employer or Engineer 11 Obligations of the Contractor 8.1General Obligations 11 8.2Setting Out 11 9.1Contract Agreement 11 10.1Performance Security II 10.2Period of Validity 11 10.3Claims under Performance Security 11 11.1Site Data 12 11.2Sufficiency of Contract Price 12 11.3Physical Obstructions and Conditions 12 12.1Programme to be Furnished 12 12.2Alteration to Programme 13 12.3Revision of Programme 13 13.1Contractor's Representative 13 13.2Objection to Contractor's Employees 13 14.1Contractor's Equipment 13 14.2Safety Precautions 13 14.3Electricity, Water and Gas 13 14.4Employer's Equipment 14 14.5Clearance of Site 14 14.6Opportunities for Other Contractors 14 14.7Authority for Access 14 14.8Information for Import Permits and Licences 14 15.1Compliance with Statutes, Regulations 14 15.2Compliance with Laws 14 16.1Patent Rights 14 16.2Claims in respect of Patent Rights 15 16.3Employer's Warranty for Patent Rights 15 Obligations of the Employer 17.1Access to and Possession of the Site 15 17.2Assistance with Local Regulations 15 17.3Civil Works on Site 15 17.4Consents and Wayleaves 15 17.5Import Permits and Licences 15 Labour 18.1Engagement of Labour 15 18.2Returns of Labour 16 18.3Working Hours 16 18.4Restriction of Working Hours 16 Workmanship and Materials 19.1Manner of Execution 16 19.2Covering up Work 16 19.3Uncovering Work 16 20.1Independent Inspection 16 20.2Inspection and Testing During Manufacture 17 20.3Dates for Inspection and Testing 17 20.4Facilities for Testing 17 20.5Certificate of Testing 17 21.1Rejection 17 22.1Permission to Deliver 17 Suspension of Works, Delivery or Erection 23.1Order to Suspend 17 24.1Cost of Suspension 18 24.2Payment in Event of Suspension 18 24.3 Prolonged Suspension 18 24.4Resumption of Work 18 Completion 25.1 Time for Completion 19 26.1 Extension of Time for Completion 19 26.2Delays by Subcontractors 19 26.3Earlier Completion 19 27.1 Delay in Completion 19 27.2Prolonged Delay 20 Tests on Completion 28.1 Notice of Tests 20 28.2Time for Tests 20 28.3 Delayed Tests 20 28.4 Facilities for Tests on Completion 21 28.5 Retesting 21 28.6 Disagreement as to Result of Tests 21 28.7 Consequences of Failure to Pass Tests on Completion 21 28.8 Use by the Employer 21 28.9 Test Certificate 21 Taking Over 29.1 Taking Over 21 29.2Taking-Over Certificate 21 29.3 Use before Taking Over 22 29.4 Interference with Tests on Completion 22 Defects after Taking Over 30.1 Defects Liability Period 22 30.2Making Good Defects 22 30.3Notice of Defects 22 30.4Extension of Defects Liability Period 22 30.5 Failure to Remedy Defects 23 30.6 Removal of Defective Work 23 30.7 Further Tests on Completion 23 30.8 Right of Access 23 30.9 Defects in Employer's and Engineer's Designs 23 30.10 Contractor to Search 23 30.11 Defects Liability Certificate 23 30.12 Exclusive Remedies 24 Variations 31.1 Engineer's Right to Vary 24 31.2 Variation Order Procedure 24 31.3 Disagreement on Adjustment of the Contract Price 24 31.4 Contractor to Proceed 25 31.5 Records of Costs 25 Ownership of Plant 32.1Ownership of Plant 25 Certificates and Payment 33.1Terms of Payment 25 33.2Method of Application 25 33.3Issue of Certificate of Payment 25 33.4Corrections to Certificates of Payment 25 33.5Payment 25 33.6Delayed Payment 26 33.7Remedies on Failure to Certify or Make Payment 26 33.8Payment by Measurement 26 33.9Application for Final Certificate of Payment 26 33.10Issue of Final Certificate of Payment 26 33.11Final Certificate of Payment Conclusive 26 Claims 34.1 Procedure 27 34.2 Assessment 27 Foreign Currency and Rates of Exchange 35.1Payment in Foreign Currencies 27 35.2Currency Restrictions 27 35.3Rates of Exchange 27 Provisional Sums 36.1Use of Provisional Sums 27 36.2Ordering Work against Provisional Sums 28 36.3Invoices and Receipts 28 36.4Payment against Provisional Sums 28 Risk and Responsibility 37.1Allocation of Risk and Responsibility 28 37.2Employer's Risks 28 37.3Contractor's Risks 29 Care of the Works and Passing of Risk 38.1Contractor's Responsibility for the Care of the Works 29 38.2 Risk Transfer Date 29 39.1Passing of Risk of Loss or of Damage to the Works 29 39.2Loss or Damage Before Risk Transfer Date 29 39.3Loss or Damage After Risk Transfer Date 29 Damage to Property and Injury to Persons 40.1 Contractor's Liability 30 40.2 Employer's Liability 30 41.1Accidents 30 Limitations of Liability 42.1Liability for Indirect or Consequential Damage 30 42.2Maximum Liability 30 42.3Liability after Expiration of Defects Liability Period 30 42.4Exclusive Remedies 30 42.5Mitigation of Loss or Damage 31 42.6Foreseen Damages 31 Insurance 43.1The Works 31 43.2Contractor's Equipment 31 43.3Third Party Liability 31 43.4Employees 31 43.5General Requirements of Insurance Policies 31 43.6Permitted Exclusions from Insurance Policies 32 43.7Remedies on the Contractor's Failure to Insure 32 43.8Amounts not Recovered 32 Force Majeure 44.1Definition of Force Majeure 32 44.2Effect of Force Majeure 32 44.3Notice of Occurrence 32 44.4Performance to Continue 32 44.5Additional Costs caused by Force Majeure 32 44.6Damage caused by Force Majeure 33 44.7Termination in Consequence of Force Majeure 33 44.8Payment on Termination for Force Majeure 33 44.9Release from Performance 33 44.10Force Majeure Affecting Engineer's Duties 33 Default 45.1Notice of Default 33 45.2Contractor's Default 33 45.3Valuation at Date of Termination 34 45.4Payment after Termination 34 45.5Effect on Liability for Delay 34 46.1Employer's Default 34 46.2Removal of Contractor's Equipment 34 46.3Payment on Termination for Employer's Default 34 Changes in Cost and Legislation 47.1Labour, Materials and Transport 34 47.2Statutory and Other Regulations 35 Customs 48.1Customs and Import Duties 35 48.2Clearance through Customs 35 Notices 49.1Notices to Contractor 35 49.2Notices to Employer and Engineer 35 49.3Minutes of Meetings 35 Disputes and Arbitration 50.1Disputes concerning Engineer's Decisions 35 50.2Arbitration 36 50.3Works to Continue 36 50.4Time Limit for Arbitration 36 Law and Procedure 51.1Applicable Law 36 51.2Procedural Law 36 51.3Language 36 PART II: SPECIAL CONDITIONS 37 INDEX i-vii TENDER CONTRACT AGREEMENT
2884320008
692.8 / FIDIC