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  • FIDIC For Civil Engineeing Construction 1987 PDF

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    Sivakumar Kandasamy
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    11 vues31 pages

    FIDIC For Civil Engineeing Construction 1987 PDF

    Transféré par

    Sivakumar Kandasamy

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 31
    FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS. CONDITIONS OF CONTRACT FOR WORKS OF CIVIL ENGINEERING CONSTRUCTION PART I GENERAL CONDITIONS WITH FORMS OF TENDER AND AGREEMENT ele eta =U mIe Ta rn plished by TeleratonInterationale des fare Conse (EIDIC) CH Loco Lausanne ipectally Soaetnd "Foe 24588 FIDL CHL Copyright DIC 1987 Al its sere ‘Noa of this pblcadon maybe roduced or ans 29 oom or by any means without permision of he pub: Produced for FIDIC by ys Joues Consulans, ondon Uk: FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS CONDITIONS OF CONTRACT FOR WORKS OF CIVIL ENGINEERING CONSTRUCTION PARTI GENERAL CONDITIONS WITH FORMS OF TENDER AND AGREEMENT FOURTHEDITION 1987 FOREWORD ‘The ermsof the Fourth Elton ofthe Conditions of Contract for Works af Civil Enyincering Constretion have been prepared by the Fédération Iniermatonsle es Ingéaleurs Conseils (FIDIC) and are rerommended for general use Tor the purpose of construction of such works where tenders are invited onan [ncernational basis. The Conditions ate equally suitable for use on domes ‘The vetsion in English of the Conltion i considered by FIDIC a the oficial snd autente text for he purpose of ransation. In the preparation of the Conditions it was recognised that while thee are numerous Clauses which will be generally applicable there azo some Clauses ‘which must nesesallyvaryto take account ofthe cumstances and locality OF {he Works TheClause of genera application have been eouped together in thie ‘document and ae referted ta as Patt I~ General Conditions. They have been Dente In fore which wil facilitate thelr inclusion a iad in te contract ‘documents wormally prepared. ‘The General Conditions are linked with the Conditions of Particular Applicaton, referred to a5 Pact Il by the cortesponding numbering. of the faust, so that Parts Land I together compre the Conditions governing the Fishts ad oblizacons of the partes art 11 most be specially drafted to sult cach individual Contre. Won dredging and certain wypes of reclamation work are involved special consideration must be gen to Patt ‘To ass in the preparation of Part Iexplanatory material and example lass are publishd with the Conditions in « separately bound document ealied ‘Conditions of Coneac for Works of Civil Engineering Construction, Pat I — ‘Conditions of Paniutar Application, with Guideline for preparation of Part I ‘Clauses, Fourth Etion”™ FIDIC ancipates publishing shorty a new edition of is Booklet “Noes on Documents for Civil Engineering Contracts” (1977 reprinted 1979) which wi) include comments on provisions of the Fourth Edition of the Conditions. Users (ofthe Fourth Edition may fad i helpful to refer o the new eon of the Notes, Itmay ako be helpful for users to vfer to other FIDIC publications, such as: ‘Tendering Procedure (ist Edition 1982) ‘Consarution, Insurance and Law (1986) FFIDIC gratefully acknowledges tho suggestions and comments i has received ‘uring the preparation ofthis eiton from European Intemational Contractors (GIO) es mandatory of Confateration of Inernatonal Contractors Aceciations (CICA) with pardcipation of Assosated Genecil Contractors of America (aso. a1 24 101 102 103 wt wa 2 wt 141 v2 143 aa 184 CONTENTS PART I: GENERAL CONDITIONS Definitions and Interpretation Definitions Headings and Marginal Notes Incerpretation ila an Plral Notices, Consents, Approvals, Ceificates and Determinations Engineer and Engineer's Representative Engineer's Duties and Authority Eneinee's Representative Engineer's Authority to Delegate Appointment of Assistants Instruction in Writing Engineer to Act Impartially Assignment and Subcontracting Assignment of Contract ‘Sabeontracting ‘Assignment of Subcontraciors' Obligations Contract Documents Language/s and Law Priority of Contrast Documents ‘Castody and Supply of Drawings and Documents ‘One Copy of Drawings to be Kept on Site Disruption of Progress ‘Delays and Cost of Delay of Drawings Failure by Contactor to Submit Drawings ‘Supplementary Drawings and Instructions Permanent Works Designed by Contractor Responsibility Unaffected by Approval General Obligations Contractor's General Responsibilities Site Operations and Methods of Construction Conuract Agrement Performance Secwiy Peviod of Valsity of Performance Securty ‘Cais under Performance Security Inspection of Ste Sufficiency of Tender ‘Adverse Physical Obstructions or Conditions ‘Work to bein Accordance with Contact Programe to be Submitted Revised Programme (Cash Flow Eximate tobe Submited ‘Contractor not Relive of Duties or Responsibities ‘Conirastor's Superincendence 36 382 36.3 368 365, a7 372 373 ‘Contractor's Employees Enginer at Liberty to Object Setting out Boreholes and Exploratory Excvation ‘Sefety, Security nd Protection ofthe Environment Employer's Responsibilities, Careof Works| Responsibility to Recity Loss or Damage Loss or Damage Due to Employer’ Risks Employer's Risks Insurance of Works and Contractor's Equipment Seopeof Cover Responsibility for Amounts noc Recovered Exclusions Damage to Pertons and Property Exceptions Indemnity by Employer ‘Third Party Insurance Gnchiding Employ Minimum Amouot of surance (Cros Liabilities ‘Acsient or Injury to Woekran Insurance Agsnet Accident to Workmen idence and Terms of Insuranoes ‘Adequacy of Insurances Remedy on Contractor's Fallre to Insure ‘Compliance with Policy Conditions ‘Compliance with Statutes, Regulations Fossils Patent Rights Royals Interfeeace with Traffic and Adjoining Properties Avoidance of Damage 19 Roads Transport of Contractor's Equipment or Temporary Works ‘Transport of Material or Plant, Waterborne Tratfe Opportunites fr Other Contractors acis for Other Contactors ‘Contractor to Kexp Site Clear ‘Clearance of Ste.on Completion Labour Engagement of Staff and Labour Returns of Labour end Contasto’s Equipment Materials, Plant and Workmanship ‘Quality of Materials, Plant and Workmanship ‘Cost of Semplex Cost of Tests (Cost of Tests not Provided for Enginser’¢ Determination where Tess not Provided for Inspection of Operations ‘Inspection snd Testing Dates for Inspection and Testing aa Rejection Independent Inspection Examination of Work before Covering up ‘Uncovering and Making Openings ‘Removal of Improper Work, Matec or Plane Defaul of Contractor in Compliance Suspension ‘Suspension of Work Engineer's Determination following Suspension Suspension lasting more tan B4 Days Commencement and Delays Commencement of Works Possession of Site and Access Therto Failte to Give Possesion ‘Wayleaves and Falites Time for Completion Extension of Time for Completion Contractor to Prove Notification and Detailed Pariulars Interim Determination of Extention Restriction oa Working Hours Rate of Progress Liguidated Damages for Delay Reduction of Liquidsted Damages ‘Taking-Over Ceritiate ‘Taking-Over of Sections or Parts Substantial Completion of Parts Surfaces Requiring Reinstatement Defects Liability Defects Liability Period Completion of Outstanding Work and Remedving Defects Cost of Remedying Detects (Contactors Failure to Carry Out Instructions Contractor to Search Alterations, Additions and Omissions Variations Instructions for Variations Valuation of Variations Power of Enginerto Fix Rates Variations Excseding 18 per cont Daywork Procedure for Claims Note of Cisne ‘Contemporary Records ‘Substantiation of Cis Failure t0 Comply Payment of Cims 6 7 " "7 7 " 0 6 6 2 2 B 2 a 5s. 56. 57a 572 Contractor's Equipment, Temporary Works and Materials ‘Contractor's Equipment, Temporary Works and Materials; Exclusive ‘Use forthe Werks Employer not Liable for Damage ‘Customs Clearance Reexport of Contractor's Fauipment Conzitions of Hite of Contracor’s Equipment Cost forthe Purpose of Cause 63 Incorporation of Clause in Subsontracts Approval of Materials not Implied Measurement Quantes Works to be Measured ‘Method of Measurement Breakdowa of Lump Sum eins Provisional Sums Definition of Provisional Sun’ Use of Provisional Sims Production of Vouchers Nominated Subcontractors Definition of "Nominated Subcontractors "Nominated Subcontactors; Objection to Nomination sign Requirements to be Expressly Stated Payments to Nominated Subcontractors (Cerfication of Payments to Nominated Subcontractors Certificates and Payment Monthly Statements Monthly Payments Payment of Reetion Money CCorretion of Certificates Statement at Completion Final Statement Discharge Final Cerificate (Cessation of Employer's Liability ‘Time for Paymen, Approval ony by Defects Liability Cetncate Detects Liability Ceritieate Unfulilled Obligations Remedies Defaal of Contractor ‘Valuation at Dave of Termination Payment after Termination ‘Assignment of Benefit of Agreement Urgent Remedial Work Special Risks No Liability for Special Risks Spedal Risks 25 BRRRUR SERB Say n n 2% cs ® 653 85.4 555 08.7 658 na ma na Damage to Works by Special Rieke Projectile, Missle Increased Cost arising from Special Risks Outbreak of War Removal of Conacior's Equipment on Termination Payment if Contract Terminated Release from Performance PPaymant in Event of Release from Performance Settlement of Disputes Engineer's Decision AmicableSeslemant Arbitration Pailre to Comply with Engineer's Dession Notices [Note to Contretor ‘Notie co Employer and Engineer Change of Address Detault of Employer Default of Employer Removal of Contractor's Equipment Payment on Termination Contractor's Entitlement 0 Suspend Work Resumption of Work Changes in Cost and Legistation Increase or Decrease of Cost, Subsequent Legislation Currency and Rates of Exchange Currency Reseitions Rates of Exchange Currency Proportions Currencies of Payment for Provisional Suns REFERENCE TO PART Il INDEX TENDER CONTRACT AGREEMENT 3 3 x4 cy 4 BERS 36 6 a un n ” 38 3 38 38 Detinitions: 1 PART I — GENERAL CONDITIONS Definitions and Interpretation Inthe Contract (asherinafter define) the Faowing words and expressions shall Ihave che meanings hereby assigned to ther, except whee the content othersise requires (@) "Employer" means the person named as suchin Part I ofthese Conditions ‘and thelega successors intitle to such person, but not excep With the consent ‘of the Contractor) any assignee of such person. (i) “Contractor” means the person whose tender has been accepted by the Employer and te legal successors ince suc pes, But not (excep! Wi, the consent ofthe Employer) any assignee of sich person. (G) “Subcontractor” means any person named in the Contract as a Subcontracior for a part of the Works or any perion (0 whom a art ofthe ‘Works hasbeen subsoatractod with the consent of the nginer and the legal ssccestor in tile to sich person, But not any asigne of any sueh person, Ge) "Engineer" means the person appointed by the Employer to act as Engineer fer the purposes of tie Contract and named as sich it Part of these Conditions (“Engineer's Representative” means e person appointed from time to time ‘bs the Eagincer under Sub-Clause 22. €@)4 "Contract means these Conditions (Pars land, the Spesificain, the Drawings, the Bil of Quanties, the Tender, che Letter of Acceptance, the ‘Contract Agicement (if complet) and suet further documents as may be ‘expres incoeperated in the Letter of Ascptance or Contract Agreement (F ‘completed. {i "Specitication”* means the specification of the Works inched in che ‘Contract and any modicaion ieeof oration hereto made under Clause Stor submited by the Contactor and approved by the Engng (Gi) “Drawings” means all drawings, calculations and technical information ‘of alikenature provided by the Engiaer othe Contractor uncer the Contract and all drawings, calculations, samples, peters, models, operation and Isinfenance manuals and other technical information of 4 like nate ‘submited by dhe Contactor and approved bythe Bogie (G0) "Bil of Quantities" means the priced and competed bill of quasites forming part of the Tender (0) “Tender” means the Contractors peed offer to the Employer fo the ‘Sesutlon and completion of the Works and the emedying of any defects ‘ere in acordance with the provisions ofthe Comtract. as accepted by the Later of Accepiance, ) “Letter of Acceptance” means the formal acceptance by the Employer of| the Tender. (i “Contrace Agreement” means the contract agreement if any)reerred 10 ln Sub-Clause 9.1 (il) “Appendix t9 Tender” means the appendix comprise inthe form of ‘Tender anneted to thee Conditions (0 “Commencement Date” means the date upon which the Contractor ‘eceivestenotie to commence ened by the Engineer pursuant toCaise 4 enniene 1 Headings and ‘Marginal Notes Interpretation Singular and 12 13 14 (3) “Time for Completion’? means the time for completing the exscution of fnd passing the Tests on Completion of the Works or thereof as tated in the Contract (or a extended under C from the Commencement Date (Oi “Tests on Completion”: means the tests specified im the Contract or aheciseaeeed by the Eneneer and the Catractor whic are tobe made by the Contractor before the Works or any Section or part thereof are taken over bythe Employer (i) *"Teking Over Cerificate” means a centfcate iewed pursuant to Clause 8. (€)6) “Contract Price” means the sum stated inthe Leter of Acceptance as Dayable to the Contractor forthe execution and completion ofthe Works and tbe remedying of any defect therein in accordance with the provisions ot the Contract, {i) Retention Money" means ihe aggregate of all monies retained by the Employer pursuant to Sub-Ciause 60.23) (© 6)""Works” means the Permanent Works andthe Temporary Works orcigher (of them as appropiate. 4) “Permanent Works” means the permanent works (0 be executed ‘Gnchuding Play in accordance with the Coarec. (Gi) “Temporary Works” means all emporary works of every Kind (ther than Contractor's Equipment) required in or about the exzcuon and ‘competion of the Works and te remedsing of any defect there, Ge) “Plant” mezns machinery, apparatus and 0 Torming par of the Permanent Works ("Contractors Equipment” means al appiances and tings of whatsoever ature (other than Temporary Works) required for the execton and ‘completion of che Works aad the remedying of any defect therein, but does ot include Plant, materials or oer inlays ifended 10 form of fotmiis are of the Permanent Works intended to form oF (Gi) “Section” means g part of the Works spsificlly idemifie in the ‘Contract a Section. (i) “Site” means the places provided bythe Employer where the Works sce {abe exosuted and anyother plaes as may be spectialy designated inthe (Contract as forming part ofthe Ste. (4) 6) cox” means all expenditure propery incured orto be incurred, whether ‘oh oF off the Site, insloding overhead and other charges propesy allocable ‘orto but does at include any allowance for profit (iy “Aay" means calendar day. (i foreign currency” means a currency of « country other cha that in \ihich the Works ae tobe locate 6) “writing” means any handwritten, typewritten, or printed ‘communication, including lees, cable ad facile trasmeion| ‘The beading and magna notes in dese Conditions shall not be deemed pare thereof or be taken into consideration In the interpretation or constuction ‘hereof or ofthe Contract ‘Words importing persons or partis shall include ems and corporation and any ongenisauon having legal eapaciy ‘Words importing he singular only ls Include te pura and vice versa where the context equi. Notices, Approvals, ortticatos and Determinations: Engineer's Duties ana ‘Authority Engineer's Roprecontative Engine ‘Authority 0 Delegate ‘Appointment of Assistants Instructions in Writing 18 2a 22 23 24 25 ‘Wherever inthe Contract provision mae forthe giving oe isste of any notice, censent, approval, cerieate or determination bY any peson, ness otherwise specfed such node, consent, approval, extficateo: determination shal be ia Writing andthe words “notify, “certify” or “determine” shall be construed accordingly. Any such consent, approval certifies or deermination shall not ‘unreasonably be withheld or delayed, Engineer and Engineer's Representative (@) The Enginger shall cary out the duit speifed in the Contract. (0) Tae Fogincer may execive the authority specifi fa or necesacly to be Implied from the Contract, provided, however, that if the Engineer i requires, under the teams of his appointment by the Employer, to obtain the specie approval ofthe Employer before excicsing any such authority, particulars of Such requirements shall eset out in Part of dese Condiuons. Provided futher {hat any requisite approval shall be deemed to have Been given bythe Employer For any suds authonty exerceed bythe Engineer. (6 Bxcept as expresily stated in the Contract the Engineer shall have na suthorty to relieve the Contracor of ny of hs Obligations under the Contra. ‘The Engineer's Representative shall be appointed by and be responsible tothe Engineer and shall arr out such duties and exercise such authority as may be

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