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Procedures and Notices required Under FIDIC 1987

Clause 2.5 “Instructions in writing & Verbal Instruction”

Issuance of instructions shall be


in writing. If given orally

7 days

Contractor shall send a letter


confirming the above verbal
instruction.

7 days

If no contradiction in writing
Engineer to make a letter to
within 7 days, it shall be
contradict
deemed to be an instruction of
the Engineer.

Clause 4.1 “Subcontracting any part of the Works”

Contractor to obtain the


consent of the Engineer before
subcontracting any part of the
Works

Engineer to give consent

Clause 6.1 “Custody and Supply of Drawings and Documents


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Provision of copies to the Engineer
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Procedures and Notices required Under FIDIC 1987

Contractor to provide four copies of the Drawings,


Specifications and other documents submitted by the
Contractor and approved by the Engineer

Clause 6.3 “Disruption of Progress”

Give notice to the Engineer with a


copy to the Employer

Contractor to give notice whenever planning or


execution of the Works is likely to be delayed or
disrupted, unless any further drawing or instruction is
issued by the Engineer.

Clause 7.2 “Permanent Works Designed by Contractor


If design is part of the permanent works, Contractor to
submit for approval the following:

Drawings, specifications, calculations and


other information
operation and maintenance manuals together
with drawings of the Permanent Works

Engineer

Clause 10.1 “Performance Security”

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Issuance of Letter of Intent Issuance of Defects liability
Certificate
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Contractor shall obtain and
provide to the Employer a
28 days
performance security and notify Performance Security to be
the engineer of doing so retained back to the Contractor
Procedures and Notices required Under FIDIC 1987

14 days

Clause 10.3 “Claims under Performance Security

Making a claim under the


performance security

Employer to make a prior notice to the


Contractor as to the nature of the default of
the latter as to the claim

Clause 12.2 “Not foreseeable obstruction or conditions”

If the contractor suffered from unforeseen physical obstruction or


conditions

Contractor shall send a notice to the engineer and a copy to the


employer to determine an extension of time.
Clause 14.1- 14.2 “Programme of works”

Engineer issued an instruction to


L.O.I revise the programme/ actual
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progress is not matching with the
Page 3 of 16 clause 14.1 programme
Procedures and Notices required Under FIDIC 1987

Period “as per appendix of


contract agreement”
No specified period
Contractor to submit
programme of works
Contractor shall submit
revised programme of
works

Clause 14.3 “Cash Flor Estimate to be submitted”

Contractor to submit Detailed Cash Flow


estimate
Within the time stated in Part II of
Contract Conditions
in quarterly periods of all payments the
Contractor is entitled
supply revised cash flow estimates at
quarterly intervals, if required

Engineer

Clause 17.1 “Setting Out”

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Procedures and Notices required Under FIDIC 1987

Errors in the position, levels, dimensions or


alignment on any part of the Works

If required by the Engineer, by


the Engineer, Contractor to
rectify such error

Based on incorrect data If Contractor is at


supplied in writing by the fault, at his own cost
Engineer

Engineer to determine an
addition to the Contract
with a copy to the Employer

Clause 20.2 to 20.3 “Loss or Damage to Works”

Loss or damage during the From whatever cause other


period on which the than the risks in Clause
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Contractor is responsible 20.4 and for any loss or
for the care thereof damage to the Works
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caused by the Contractor in
the course of any
operations.
Procedures and Notices required Under FIDIC 1987

If required by the Engineer,


Contractor to RECTIFY the loss or
damage

At the Contractor’s own cost

Based on incorrect data


supplied in writing by the
Engineer

Engineer to determine an
addition to the Contract Combination of risks causing loss or damage and
with a copy to the Employer both Contractor and Engineer is at fault

Proportional
responsibility of the
Contractor & Employer

Clause 25.2 “Evidence of Insurance policy”

Commencement Date

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84 days
Page 6 of 16 Contractor shall provide the
insurance policy to the
employer and to notify the
engineer of doing so.
Procedures and Notices required Under FIDIC 1987

Clause 37.1-37.5 “Material Inspection”

Engineer should give a notice to


the contractor by his Intention
to carry inspection or test for
material The engineer may delegate the
inspection and testing to
24 hours independent inspector but 14
days notice should be given
before
Test or inspection to be done

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Procedures and Notices required Under FIDIC 1987

Clause 40.1-40.3 “Work suspension”


Instruction to suspend the work
by the engineer

84 days

Contractor shall give notice


requiring permission to proceed
with the work.

28 days

If such permission is not


guaranteed

Suspension affect part of the scope, this part can be Suspension affects the full project; this will
considered by the contractor as omitted and shall be entitle the contractor to termination of the
treated under clause 51 contract and shall be treated under clause
69.1, 69.2 & 69.3

Clause 41.1 “Commencement of Works”

Notice of Commencement

Issued within time as per


Appendix to Tender

As soon as is reasonably possible


after receipt of the notice from
Engineer

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Procedures and Notices required Under FIDIC 1987

Clause 44.1 to 44.3 “Extension of time”

Event arise for an extension of time

Direct effect Continuing effect

28 days 28 days

Give notice for an extension of Give notice for an extension of


time time

28 days or any other period


28 days or any other agreed by the consultant
period agreed by the
consultant Contractor shall submit
Interim Particulars of
any extension of time

Contractor Shall submit Detailed


Repeated every 28 days
Particulars of any extension of or other agreed
time required

End of the event effect


Engineer without
undue delay after
28 days discussing the
issue with the
Engineer without undue delay after
client should
discussing the issue with the client Contractor shall submit Full
determine interim
should determine extension of time Detailed Particulars of any
extension of time
extension of time required

Engineer without undue delay after


discussing the issue with the client
should determine extension of time

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Procedures and Notices required Under FIDIC 1987

Clause 48.1- 48.3 “Taking Over Certificate”

Written undertaking to finish with due


expedition on the remaining works
Notice of Substantial Completion and
passed the Tests of Completion
Contractor Or any Section
Or any substantial part of the
Permanent Works
Or any part of the Permanent Works
which the Employer is occupying or
using prior to completion

21 days Engineer

Engineer to issue the give instructions in writing specifying


works to be done before issuance
Taking over certificate
notify of any defects in the Works
affecting substantial completion that
may appear after such instructions and
before completion of the Works

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Procedures and Notices required Under FIDIC 1987

Clause 49.2- 49.3 “Completion of Outstanding Work and Remedying


Defects”

Contractor

During Defects
Contractor to pay for the cost if in the Liability Period or
opinion of the Engineer, due to: within 14 days after
the use of materials, Plant or its expiration
workmanship not in accordance with
the Contract, or
where the Contractor is responsible for
the design of part of the Permanent To deliver the Works to the Employer
Works, any fault in such design, or Execute all work of amendment,
the neglect or failure on the part of the reconstruction and remedying
Contractor to comply with any defects, shrinkages or other faults
obligation, expressed or implied, on the
Contractor's part under the Contract.

If due to any other cause, Engineer to


determine an addition to the Contract Price
in accordance with Clause 52 and shall
notify the Contractor accordingly, with a
copy to the Employer.

Employer

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Procedures and Notices required Under FIDIC 1987

Clause 52.1- 52.2 “Valuation of Variations”

Subject to notice given either:


by the Contractor to the
Engineer of his intention to
claim extra payment or a
varied rate or price, or
by the Engineer to the
Contractor of his intention to
vary a rate or price

14 days

Engineer to value
variations

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Procedures and Notices required Under FIDIC 1987

Clause 53.1 “Notice of Claim”

If the contractor intends to


claim any additional payment
pursuant to any Clause of these
Conditions or otherwise,

28 days

Contractor shall give notice of


his intention to the Engineer,
with a copy to the Employer

28 days or any other period


agreed by the Engineer

Direct effect Continuing effect

Contractor shall send an


The Contractor shall send to the Interim Account
Engineer an account giving detailed
particulars of the amount claimed
Repeated
and the grounds upon which the every 28 days
claim is based

End of the event effect

28 days

Full Detailed Particulars of


cumulative account

Clause 57.2 “Breakdown of Lump sum items”


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Procedures and Notices required Under FIDIC 1987

L.O.I

28 days

Contractor shall submit to the Engineer a


breakdown for each of the lump sum items
contained in the Tender.

Clause 60.1-60.3.2 “Monthly payments”

Monthly Statement submitted by the


contractor

28 days

Engineer to certify the


amount of the payment

28 days of receipt of
the certified payment

Employer shall pay to the


contractor the certified
amount of payment

If the Employer failed to pay 14 days


28 days within this 28 days the
Contractor shall give notice
to the employer with a copy
Contractor is entitled to
to the engineer
terminate the contract (clause
Contractor is entitled to 69.1)
suspend the work or slow the
progress (clause 69.4)

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Procedures and Notices required Under FIDIC 1987

Clause 60.5- 60.8 “Statement of Completion”

Taking over certificate

84 days
Defects liability
Contractor shall submit the period + 28 days
statement of completion

Issuance of Defects liability


certificate

56 days

Contractor shall submit draft of


final statement to be discussed
and agreed with the engineer
and then to submit the Final
Statement

Performance security to be
returned back to the contractor
and the contractor should give a
written discharge

28 days

Engineer shall issue the Final


Certificate

56 days after the


employer receives
the certificate
Employer to pay the payment
Clause 67.1 “Disputes”
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Procedures and Notices required Under FIDIC 1987

Either of the parties (Contractor or the


client) refers in writing a dispute notice
to the Engineer and a copy to the other
party

84 days

Engineer shall issue his decision

70 days

Either of the parties if dissatisfied with


the engineer’s decision or if the
engineer fails to give decision in the 84
days, the party should give a notice with
his intention to go to arbitration

56 days Amicable settlement


should be tried
during this period
Arbitration can proceed

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