The Fédération Internationale des Ingénieurs-Conseils (FIDIC) FIDIC wishes to record its appreciation of the time and effort devoted by all the. Minor Works: The Short or Green Form FIDIC contract forms the fourth of the “ The Green Book started out as a minor works form but evolved, not least when. The FIDIC Contracts: Obligations of the Parties FULL BOOK PDF the FIDIC Short Form of Contract (the Green Book), First Edition
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FIDIC Green ronaldweinland.info - Download as PDF File .pdf), Text File .txt) or read online . clauses in FIDIC's fourth form of that suite, the new Green Book. The Green Book, as The objective of the Green Book is for the Contract to express in clear and. and Yellow books together with a Green Book as the short form of contract and a Silver. Book for turnkey contracts. More recently in FIDIC published an.
CONTENTS These Conditions of Contract are a straightforward document which includes all essential commercial provisions and which may be used for all types of dredging and reclamation work and ancillary construction with a variety of administrative arrangements. Under the usual arrangements for this type of contract, the Contractor constructs the Works in accordance with design provided by the Employer or by his Engineer. However, this form may also be suitable for contracts that include, or wholly comprise, contractor-designed works. In addition, the Employer has a choice of valuation methods. FIDIC wishes to record its appreciation of the time and effort devoted by all the above. The aim has been to produce a straightforward document which includes all essential commercial provisions and which may be used for all types of dredging and reclamation work and ancillary construction with a variety of administrative arrangements.
The Contractor shall then demobilize from the Site, leaving behind Materials and Plant and any Contractors Equipment which the Employer instructs in the notice is to be used until the completion of the Works.
If the Appendix states that an advance payment guarantee is required, the Employer shall not be required to make any advance payment until the Contractor submits such a guarantee in accordance with this Sub-Clause. The total advance payment, the number and timing of instalments if more than one , and the applicable currencies and proportions, shall be as stated in the Appendix. Unless and until the Employer receives the advance payment guarantee if required , or if the total advance payment is not stated in the Appendix, this Sub-Clause shall not apply.
The Employer shall pay the Contractor the first instalment of the advance payment within 21 twenty-one days after receiving a statement in respect thereof which the Contractor shall be entitled to submit under Sub-Clause This guarantee shall be issued by an entity and from within a country or other jurisdiction approved by the Employer, and shall be in the form annexed, with such modifications as may be necessary properly to bind the guarantor and benefit the Employer, or in another form approved by the Employer.
The Contractor shall ensure that the guarantee is valid and enforceable until the advance payment has been repaid, but its amount may be progressively reduced by the amount repaid by the Contractor. If the terms of the guarantee specify its expiry date, and the advance payment has not been repaid by the date 28 twenty-eight days prior to the expiry date, the Contractor shall extend the validity of the guarantee until the advance payment has been repaid.
If the advance payment has not been repaid prior to the issue by the Employer of a notice under Sub- Clause 8. Payments to the Contractor under Sub-Clauses The Contractor shall remedy at no cost to the Employer any defects due to the Contractor's design. Late Completion. The Contractor all promptly complete any outstanding work and. If the Contractor fails to com Contractor's only liability amount stated in the App. General Conditions 8 FlDlC 5.
Extension of Time the Time for Completion if he is or will be Liabilities. If as a result of any of the The Contractor shall submit to the Employer an itemised make-up of the value of Variations and claims within 28 days of the instruction or of the event giving rise to the claim. The Employer shall check and if possible agree the value. Failure to remedy any defects or complete outstanding work within a reasonable time of the Employer's notice shall entitle the Employer to carry out all necessary work at the Contractor's cost.
Plant or workmanship are not Contract. In the absence of agreement. The cost of remedying defects attributable to any other cause shall be valued as a Variation. The Emplo by him to be due to the Contr The Employer may with security under Sub-Claus a statement showing the oyer shall pay to the Contractor less retention at the rate stated in mployer has specified his reasons by any sum previously considered ments until he receives the performance Monthly Statements The Contractor shall be entitled to be paid at monthly intervals: If the Employer disagrees with any part of the Contractor's final account.
Payment shall be in the currency stated in the Appendix. Currency Iu o Plant subject to any additions or deductions which may be d The Contractor shall submit each month to th amounts to which he considers himself Interim Payments Within 28 days of delivery of each state the amount shown in the Contrac the Appendix. Within 28 days after the submission of this final account.
If the Employer's receipt of this noti or parts of the Works.
The Contractor shall then demobilise from the Site case of the Contractor's insolvency. If the Contractor has not taken all practicable steps t days after the Contractor's receipt of the Employer's second notice given within a further 21 days. If the default is not rem Contractor's notice. Unless the loss or damage happens as a result of Contractor shall indemnify the Employer. If necessary. Plant and the Contractor's Equipment. If any loss or Works during the above period.
Q FlDlC 9. The policies shall be issued by insurers and in terms approved by the Employer. The e Parties. If notice of dissatisfaction led time.
In the absence ement. All payments received from insurers relating to loss or damage to the Works shall be held jointly by the Parties and used for the repair of the loss compensation for loss or damage that is not to be repaired. If no notice of dissatisfaction is given within the specified e final and binding on the Parties. The Contractor shall provide the Employer with evidence that any required policy is in force and that the premiums have been paid.
In the event of disagreement. Claim a First Half Retention. In the event of resignation. The Adjudicator shall not. Rules for Adjudication 9 The Adjudicator shall treat the details of the Contract and all activities and hearings of the Adjudicator as confidential and shall not disclose the same without the prior written consent of the Parties.
Q FlDlC ffV The Adjudicator shall not be called as a witness by the Parties to give evidence concerning any dispute in connection with. Procedure for 0 20 46 The Adjudicator may decide to visit the Site.
A reference shall identify the dispute and refer to these Rules. A dispute between the Parties may be referred in writing by either Party to the Adjudicator for his decision. All invoices shall contain a brief description of the activities relevant period.
If the Adjudicator has not been agreed or appointed. The Adjudicator may suspend work if any ior notice has been given to both Parties.
The Adjudicator's invoices retainer shall be submitted quarterly in advance and invoices expenses shall be submitted following the conclusion of a Site. The Parties shall promptly provide the Adjudicator with sufficient copies of any documentation and information relevant to the Contract that he may request.
The Adjudicator may request that written statements from the Parties be presented to him prior to. The Contractor shall pay im within 28 days of receipt. The Adjudicator may decide to conduct a hearing in which event he shall decide on the date. All such on which the Adjudicator received djudicator's Agreement came into effect. Without limiting the foregoing.
Expenses including the cost of telephone calls. The Adjudicator shall be paid: A retainer fee of. Contractor and Adjudicator agree as follows: Receipts will be required for all expenses. This Agreement shall be governed by the law of 5. The Adjudicator agrees to act as adjudicator in accordance with the Rules and has disclosed to the Parties any previous or existing relationship with the Parties or others concerned with the Project.
Agreement orm envisages a simple procedure of offer and acceptance. The Contract comes into effect upon receipt by the Contractor of his copy. One result of the simple for Employer to set out in the including the extent of any epresentative in the formal sense used in some yer takes all necessary actions.
There are no Particular Conditions. If post-tender negotiations are permitted and changes in specification or price are agreed. The Contract is intended to content and short duration. In order to s and uncertainties that surround "letters of acceptance" and "letters of as thought preferable to promote a clear and unambiguous practice.
Notes for Guidance not forming part of the Contract General The objective of this Contract is to express in cle procurement concepts.
There is no Engineer I that there is an increased burden on the and Drawings the full scope of works.
This reflects A single document is proposed for the f the simple projects envisaged. If such a limit is lause should be inserted in the Particular Conditions. If it is required that th design. The Contractor thus makes a revised offer in response to the Employer's revised tender documents and the revised offer is accepted by the Employer signing and returning the Acceptance form.
Drawings etc forming the tender package. In respect of both copies. If the changes are extensive. Having decided which tender to accept. The Specification should set out in clear terms any design that the Contractor is required to undertake.
A number of suggestions have been ma submission of the Contractor's progr retention under Sub-clause P a Appendix -.
If a letter of acceptance is used. Th those to be fou.. Significantly different definitions.
The Employer indicated prior to inviting tenders. Consideration should be given in each case to the required priority. If there are additional documents which are required to form part of the Contract.
If none. Variation and Works. As the Contract comes into effect upon receipt of the signed Acceptance by the Contractor.. General Provisions -. This is as a result of the need s sort. Tenderers m red design should be design with their tenders. If there is no bill of quantities. This is 14 er the Contract has come into effect..
Employer's Representatives 3 Two principles guided the drafting of this Clause.. The starting date for the Contract is 14 days after the date when the Contractor receives the Agreement signed by the Employer. The Sub-clause is intended to prevent argument. The term "Works" ' Contractor.
It is important that risks such as those of poor workmanship or Contractor's design are not transferred to the Employer unintentionally. The Employer If for any reason. Design by Contractor with all design-build contracts it is essential that the Employer's requirements are set out clearly and precisely. If it is felt that the scale security by means of a bond.
The extent of the Contractor's design obligation should therefore be clearly stated if disputes are to be avoided. Once appointed. The Appendix should indicate to tenderers the Sub-Clause s in the Specification that set out the design requirement.
The Employer need not react at all. This is the object of Sub-clause 3. The Conditions avoid the confusing concept of approval of design. Designs are submitted and may be returned with comments or rejected. In the event of conflict between the Specification and Drawings and the Contractor's tendered design. There is no dual role or duty to be im Employer's Representative is required with a role Engineer.
The amount and a reference to orm of any required security should be set out in the. Suggested forms of performance bond surety antee have not been provided. This means that if the Employer prefers the Contractor's tendered solution. This is achieved by Sub-clause 3. Where the Employer procures any part of the design. The Contractor must remedy such defects within a reasonable time. If any tests are required to be completed prior to taking-over. If he fails to do so.