FIDIC YELLOW BOOK PLANT AND DESIGN BUILD CONTRACT

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DescriptionThis Second Edition of the Conditions of Contract for Plant and Design-Build has been published by the Fédération Internationale des. Plant Contract - Conditions of Contract for Plant and Design-Build ProjectsADDED APRIL FIDIC Guidance Memorandum to Users of the Conditions. FIDC Conditions of Contract: Plant and Design-Built (Yellow Book 1st. Edition, to focus on practical application of the FIDIC Plant and Design Build .


Fidic Yellow Book Plant And Design Build Contract

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FIDIC Conditions of Contract for. Plant And Design-Build Contract. First Edition, Page 3 of the Contractor submitted with the Letter of Tender. Fédération Internationale des Ingénieurs-Conseils (FIDIC) extends special . In the preparation of these Conditions of Contract for Plant and Design-Build. In the preparation of these Conditions of Contract for Plant and Design-Build, it was recognised that, while there are many sub-clauses which will be generally.

Special Advisers to the Contracts Committee provided invaluable and continued support in the various drafting and revision stages: Drafts were reviewed by many persons and organisations, including those listed below. Acknowledgement of all reviewers above does not mean that such persons or organisations approve the wording of all clauses.

FIDIC very much appreciates the time and effort devoted by all the above persons. Conds; Guidance for Preparation of Conds of Part. Application; Forms of Tender. The reprint now also includes the Supplement 1st.

The preamble has been grouped with the Forms of Tender and Contract Agreement in a third section. Users wishing to incorporate the part 1-General Conditions are invited either to include a printed version of the entire reprint or to download an electronic version, where Part1-General Conditions can be printed as a separate document.

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Group Extras More information Product code:. For example, this edition provides: Read more. Included in collection: Rainbow Suite ed. Watermarked Compilation of all Collections English electronic version. Watermarked Contracts and Agreements Collection English only electronic version. Payments methods. The Contractor shall pay to the nominated Subcontractor the amounts due in accordance with the subcontract.

These amounts plus other charges shall be included in the Contract Price in accordance with sub-paragraph b of Sub-Clause Before issuing a Payment Certificate which includes an amount payable to a nominated Subcontractor, the Engineer may request the Contractor to supply reasonable evidence that the nominated Subcontractor has received all amounts due in accordance with previous Payment Certificates, less applicable deductions for retention or otherwise.

Unless the Contractor:. Thereafter, the Engineer shall give a Notice to the Contractor stating the amount paid directly to the nominated Subcontractor by the Employer and, in the next IPC after this Notice, shall include this amount as a deduction under sub-paragraph b of Sub-Clause The Contractor shall: If the Contractor finds an error in any items of reference, the Contractor shall give a Notice to the Engineer describing it:.

After receiving a Notice from the Contractor under Sub-Clause 4. If, under sub-paragraph b above, an experienced contractor would not have discovered the error: This manual shall be in addition to any other similar document required under applicable health and safety regulations and Laws. Each revision of the manual shall be submitted promptly to the Engineer. In addition to the reporting requirement of sub-paragraph g of Sub-Clause 4. The Contractor shall prepare and implement a QM System to demonstrate compliance with the requirements of the Contract.

Thereafter, whenever the QM System is updated or revised, a copy shall promptly be submitted to the Engineer.

If the Engineer does not give such a Notice within 21 days of the date of submission of the QM System, the Engineer shall be deemed to have given a Notice of No-objection. The Engineer may, at any time, give a Notice to the Contractor stating the. After receiving this Notice, the Contractor shall immediately remedy such failure.

The Contractor shall carry out internal audits of the QM System regularly, and at least once every 6 months. The Contractor shall submit to the Engineer a report listing the results of each internal audit within 7 days of completion. The Contractor shall prepare and implement a Compliance Verification System to demonstrate that the design, Materials, Employer-Supplied Materials if any , Plant, work and workmanship comply in all respects with the Contract.

In the event that any inspection or test identifies a non-compliance with the Contract, Sub-Clause 7. To the extent which was practicable taking account of cost and time , the Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the Tender or Works. To the same extent, the Contractor shall be deemed to have inspected and examined the Site, access to the Site, its surroundings, the above data and other available information, and to have been satisfied.

Works, including: Accepted Contract Amount The Contractor shall be deemed to: After discovery of such physical conditions, the Contractor shall give a Notice to the Engineer, which shall:. The Contractor shall continue execution of the Works, using such proper and reasonable measures as are appropriate for the physical conditions and to enable the Engineer to inspect and investigate them.

FIDICYellow2017 - FIDIC Yellow Book (Conditions of Contract for Plant .pdf

The Contractor shall comply with any instructions which the Engineer may give for dealing with the physical conditions and, if such an instruction constitutes a Variation, Sub-Clause The agreement or determination, under Sub-Clause The Engineer may also review whether other physical conditions in similar parts of the Works if any were more favourable than could reasonably have been foreseen by the Base Date.

If and to the extent that these more favourable conditions were encountered, the Engineer may take account of the reductions in Cost which were due to these conditions in calculating the additional Cost to be agreed or determined under this Sub-Clause 4. However, the net effect of all additions and reductions under this Sub-Clause 4. The Engineer may take account of any evidence of the physical conditions foreseen by the Contractor by the Base Date, which the Contractor may include in the supporting particulars for the Claim under Sub-Clause These measures shall include the proper use of appropriate vehicles conforming to legal load and width limits if any and any other restrictions and routes.

Except as otherwise stated in these Conditions: The Contractor shall. However, consent shall not be required for vehicles. In addition to any Notice given under Sub-Clause 4. This Notice shall be given within 7 days of the delivery date, shall identify. Each progress report shall be submitted in one paper-original, one electronic copy and additional paper copies if any as stated in the Contract Data.

The first report shall cover the period up to the end of the first month following the Commencement Date. Reports shall be submitted monthly thereafter, each within 7 days after the last day of the month to which it relates. However, nothing stated in any progress report shall constitute a Notice under a Sub-Clause of these Conditions.

The Contractor shall promptly clear away and remove from the. The Contractor shall leave that part of the Site and the Works in a clean and safe condition.

However, the Contractor may retain at locations on the Site agreed with the Engineer, during the DNP, such Goods as are required for the Contractor to fulfil obligations under the Contract. FORMS Archaeological and Geological Findings All fossils, coins, articles of value or antiquity, and structures and other remains or items of geological or archaeological interest found on the Site shall be placed under the care and authority of the Employer.

This Notice shall describe the finding and the Engineer shall issue instructions for dealing with it. Design shall be prepared by designers who:.

Sub-Clause 1. Documents shall be written in the language for communications defined in Sub-Clause 1.

In this Sub-Clause 5. If the Engineer gives a Notice under sub-paragraph b above, the Contractor shall:. Sub-Clause 5. If the Employer incurs additional costs as a result of such resubmission and subsequent Review, the Employer shall be entitled subject to Sub-Clause References in the Contract to published standards shall be understood to be references to the edition applicable on the Base Date, unless stated otherwise.

If changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall promptly give a Notice to the Engineer and if appropriate or requested by the Engineer submit proposals for compliance.

To the extent that:. These records shall be kept on the Site and shall be used exclusively for the purposes of this Sub-Clause.

The Contractor shall submit to the Engineer under Sub-Clause 5. The number of copies of as-built records to be submitted by the Contractor under this Sub-Clause shall be as required under Sub-Clause 1. Supply of Documents]. Documents under sub-paragraph b of Sub-Clause 5. Staff and Labour 6. If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor.

In collaboration with local health authorities, the Contractor shall ensure that:. The Contractor shall appoint a health and safety officer at the Site, responsible for maintaining health, safety and protection against accidents. This officer shall:. Throughout the execution of the Works, the Contractor shall provide whatever is required by this person to exercise this responsibility and authority.

Superintendence shall be given by a sufficient number of persons: If appropriate, the Contractor shall then promptly appoint or cause to be appointed a suitable replacement. In the case of the replacement of Key Personnel if any , Sub-Clause 6.

The Contractor shall appoint the natural persons named in the Tender to the positions of Key Personnel. If not so named, or if an appointed person fails to act in the relevant position of Key Personnel, the Contractor shall submit to the Engineer for consent the name and particulars of another person the Contractor proposes to appoint to such position.

If consent is withheld or. Each sample shall be labelled as to origin and intended use in the Works. The Contractor shall give a Notice to the Engineer whenever any Materials, Plant or work is ready for inspection, and before it is to be covered up, put out of sight, or packaged for storage or transport. The Contractor shall provide all apparatus, assistance, documents and other information, temporary supplies of electricity and water, equipment, fuel, consumables, instruments, labour, materials, and suitably qualified, experienced and competent staff, as are necessary to carry out the specified tests efficiently and properly.

Plant and Design-Build Contract 2nd Ed (2017 Yellow Book)

The Contractor shall give a Notice to the Engineer, stating the time and place for the specified testing of any Plant, Materials and other parts of the Works. The Engineer may, under Clause 13 [Variations and Adjustments], vary the location or timing or details of specified tests, or instruct the Contractor to carry out additional tests. If these varied or additional tests show that the tested Plant, Materials or workmanship is not in accordance with the Contract, the Cost and any delay incurred in carrying out this Variation shall be borne by the Contractor.

If the Engineer does not attend at.

International Federation of Consulting Engineers (FIDIC)

If the Contractor causes any delay to specified tests including varied or additional tests and such delay causes the Employer to incur costs, the Employer shall be entitled subject to Sub-Clause Sub-Clause 7. Plant, Materials and other parts of the Works fails to pass a specified test. The Contractor shall then promptly prepare and submit a proposal for necessary remedial work. The Engineer may Review this proposal, and may give a Notice to the Contractor stating the extent to which the proposed work, if carried out, would not result in the Plant, Materials, design or workmanship complying with the Contract.

After receiving such a Notice the Contractor shall promptly submit a revised proposal to the Engineer. If the Contractor fails to promptly submit a proposal or revised proposal for remedial work, or fails to carry out the proposed remedial work to which the Engineer has given or is deemed to have given a Notice of No-objection, the Engineer may:. After remedying defects in any Plant, Materials, design or workmanship, if the Engineer requires any such items to be retested, the tests shall be repeated in accordance with Sub-Clause 7.

If the rejection and retesting cause the Employer to incur additional costs, the Employer shall be entitled subject.

The Contractor shall comply with the instruction as soon as practicable and not later than the time if any specified in the instruction, or immediately if urgency is specified under sub-paragraph c above.

The Contractor shall bear the cost of all remedial work required under this Sub-Clause, except to the extent that any work under sub-paragraph c above is attributable to:. Except to the extent that the Contractor would have been entitled to payment for work under this Sub-Clause, the Employer shall be entitled subject to Sub-Clause This entitlement shall be without prejudice to any other rights the Employer may have, under the Contract or otherwise.

Unless otherwise stated in the Particular Conditions, the Commencement Date shall be within 42 days after the Contractor receives the Letter of Acceptance. The Contractor shall commence the execution of the Works on, or as soon as is reasonably practicable after, the Commencement Date and shall then proceed with the Works with due expedition and without delay.

The initial programme and each revised programme shall be submitted to the Engineer in one paper copy, one electronic copy and additional paper copies if any as stated in the Contract Data, and shall include:.

If the Engineer gives no such Notice:. Nothing in any programme, the Programme or any supporting report shall be taken as, or relieve the Contractor from any obligation to give, a Notice under the Contract. If, at any time, the Engineer gives a Notice to the Contractor that the Programme fails to the extent stated to comply with the Contract or ceases. Rate of Progress If, at any time: If these revised methods cause the Employer to incur additional costs, the Employer shall be entitled subject to Sub-Clause Delay Damages shall be the amount stated in the Contract Data, which shall be paid for every day which shall elapse between the relevant Time for Completion and the relevant Date of Completion of the Works or Section.

The total amount due under this Sub-Clause shall not exceed the maximum amount of Delay Damages if any stated in the Contract Data. These Delay Damages shall not relieve the Contractor from the obligation to complete the Works,.

FIDICYellow2017 - FIDIC Yellow Book (Conditions of Contract for Plant .pdf

During such suspension, the Contractor shall protect, store and secure such part or all of the Works as the case may be against any deterioration, loss or damage. Sub-Clause, the Contractor may either: If the suspension affects the whole of the Works, the Contractor may give a Notice of termination under Sub-Clause At the time stated in this Notice if not stated, immediately after the Contractor receives this Notice , the Contractor and the Engineer shall jointly examine the Works and the Plant and Materials affected by the suspension.

The Engineer shall record any deterioration, loss, damage or defect in the Works or Plant or Materials which has occurred during the suspension and shall provide this record to the Contractor. The Contractor shall promptly make good all such deterioration, loss, damage or defect so that the Works, when completed, shall comply with the Contract.

The Contractor shall submit to the Engineer, not less than 42 days before the date the Contractor intends to commence the Tests on Completion, a detailed test programme showing the intended timing and resources required for these tests. The Engineer may Review the proposed test programme and may give a Notice to the Contractor stating the extent to which it does not comply with the Contract.

Within 14 days after receiving this Notice, the Contractor shall revise the test programme to rectify such non-compliance.

If the Engineer gives no such Notice within 14 days after receiving the test programme or revised test programme , the Engineer shall be deemed to have given a Notice of No-objection. The Contractor shall not commence the Tests on Completion until a Notice of No-objection is given or is deemed to have been given by the Engineer. In addition to any date s shown in the test programme, the Contractor shall give a Notice to the Engineer, of not less than 21 days, of the date after which.

The tests of each stage described in sub-paragraphs b and c above shall not be commenced until the Works or Section have passed the previous stage. During trial operation, when the Works or Section as the case may be are operating under stable conditions, the Contractor shall give a Notice to the Engineer that they are ready for any other Tests on Completion, including performance tests.

Any product produced by, and any revenue or other benefit resulting from, trial operation under this Sub-Clause shall be the property of the Employer. The Engineer shall Review each such report and may give a Notice to the Contractor stating the extent to which the results of the tests do not comply with the Contract.

If the Engineer does not give such a Notice within 14 days after receiving the results of the tests, the Engineer shall be deemed to have given a Notice of No-objection.

In considering the results of the Tests on Completion, the Engineer shall make allowances for the effect of any use of any part of the Works by the Employer on the performance or other characteristics of the Works. The Contractor shall carry out the tests on such day or days within this period of 21 days as the Contractor may fix, for which the Contractor shall give a prior Notice to the Engineer of not less than 7 days.

The Engineer or the Contractor may require these failed tests, and the Tests on Completion on any related work, to be repeated under the same terms and conditions. Such repeated tests shall be treated as Tests on Completion for the purposes of this Clause. In the event of sub-paragraph d above, the Contractor shall then proceed in accordance with all other obligations under the Contract, and the Employer shall be entitled subject to Sub-Clause GUIDANCE a the Works have been completed in accordance with the Contract, including the passing of the Tests on Completion and except as allowed in sub-paragraph i below; b the Engineer has given or is deemed to have given a Notice of No-objection to the as-built records submitted under sub-paragraph a of Sub-Clause 5.

If any Part of the Works is taken over under Sub-Clause Certificate for any part of the Permanent Works. The Contractor shall carry out these works as soon as practicable and, in any case, before the expiry date of the relevant DNP. If the Engineer issues a Taking-Over Certificate for any part of the Works, or if the Employer is deemed to have taken over a Part under sub-paragraph a above, for any period of delay after the date under sub-paragraph a above, the Delay Damages for completion of the remainder of the Works shall be reduced.

Similarly, the Delay Damages for the remainder of the Section if any in which this Part is included shall also be reduced. The Engineer shall proceed under Sub-Clause 3. The provisions of this paragraph shall only apply to the daily rate of Delay Damages, and shall not affect the maximum amount of these damages. The Engineer shall give a Notice to the Contractor, of not less than 14 days, of the date after which the Contractor may carry out each of the Tests on Completion.

Thereafter, Sub-Clause 9. Reinstatement Except as otherwise stated in the Taking-Over Certificate, a certificate for a Section or Part of the Works shall not be deemed to certify completion of any ground or other surfaces requiring reinstatement. If a defect appears or damage occurs during the relevant DNP, a Notice shall be given to the Contractor accordingly, by or on behalf of the Employer.

Promptly thereafter:. Defects All work under sub-paragraph b of Sub-Clause If the Contractor considers that the work is attributable to any other cause, the Contractor shall promptly give a Notice to the Engineer and the Engineer shall proceed under Sub-Clause 3. If it is agreed or determined that the work is attributable to a cause other than those listed above, Sub-Clause A Notice of this fixed date shall be given to the Contractor by or on behalf of the Employer, which Notice shall allow the Contractor reasonable time taking due regard of all relevant circumstances to remedy the defect or damage.

The Employer shall be entitled subject to Sub-Clause The Employer shall then be entitled subject to Sub-Clause The exercise of discretion by the Employer under sub-paragraph c or d above shall be without prejudice to any other rights the Employer may have, under the Contract or otherwise.

This Notice shall clearly identify each item of defective or damaged Plant, and shall give details of:. Plant under Sub-Clause 7. Clause 9 [Tests on Completion] if applicable. The Contractor shall also provide any further details that the Employer may reasonably require.Watch now. The notice shall a lso state that the C o ntractor's.

The Engineer shall then issue a Taking-Over Certifi cate accordingly, and the Contractor shall carry ou t the Tests on Completion as soon as practicable, before the. For example, this edition provides:. If the Contractor causes any delay to specified tests including varied or additional tests and such delay causes the Employer to incur costs, the Employer shall be entitled subject to Sub-Clause