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Yellow Book

Conditions of Contract for Plant and Design-Build, which are recommended for the provision of electrical and/or mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and provides, in accordance with the Employer's requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works.

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3K views132 pages

Yellow Book

Conditions of Contract for Plant and Design-Build, which are recommended for the provision of electrical and/or mechanical plant, and for the design and execution of building or engineering works. Under the usual arrangements for this type of contract, the Contractor designs and provides, in accordance with the Employer's requirements, plant and/or other works; which may include any combination of civil, mechanical, electrical and/or construction works.

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Plant and Design-Build FOR ELECTRICAL AND MECHANICAL PLANT, AND FOR BUILDING AND ENGINEERING WORKS, DESIGNED BY THE CONTRACTOR © Copyright FDIC 1999 ‘Alrighiéreserved No part this pubstion ‘may be reproduced cr teense in any form ‘or by any means without permission ofthe publish. FIDIG is the French coronym for the International Federation of Consulting Engineers. IDIC was founded in 1913 by three national associations ot consulting engineers within Europe. The’ objectives of forming the federation were to promote in common the professional interests of the momiber associations and to disseminate information ot interest to members of its comparient national associations. TT FIDIC membership numbers more than 60 counties from all parts of the globe and the federation represents most of the private practice consulting engineers in the world, IDIC erranges seminars, conferences andl other events in the furtherance ofits goals: maintenance of high ethisal and professional standards; exchange of vlews and! infotriation; discussion of probiems:ef mutual concern among member associations and representatives of the intorrtional financial institutions; and development of the caneulting engineering industry in-developing countries. IDIC publications incluce procescings of variotis conferences and seminars, informatien for consulting engineers, project“ owners and International development agencies, standard pre-quaiification forms, contract coouments.and cliant/consultant agreements, They are avaliable from the secretariat in Switzeriand. Published by FedBralion fnlemationale des ingsnleurs:Conseis (FIDIG) World Trade Genter i PO, Box si 1215 GENEVA 15 (Switzerland) Phone +41 22799 4900; Fex +41 22799-4901 Exmal ficie@tidie.org Intemet wywficie.org © FOI 1898 Conditions of Contract for PLANT and Design-Build FOR ELECTRICAL AND MECHANICAL WORKS: AND FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE CONTRACTOR General Conditions FEDERATION INTERNATIONALE DES. INGENIEURS-CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINIGUNG: GERATENDER. INGENIEURE FEDERACION INTERNAG ONAL CE ING=NEROS CONSOLTORES GENERAL CONDITIONS GUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONS FORMS OF LETTER OF TENDER, CONTRACT AGREEMENT AND DISPUTE ADJUDICATION AGREEMENT ACKNOWLEDGEMENTS Fédération intemationale des Ingénieurs-Consells (FIDIO) extends special thanks to the following members of its Update Task Group: Christopher Wade (Group Leader), SWECO-VBB, Sweden; Peter L Booen (Principal Drafter), GIBB Ltd, UK; Hermann Bayarlain, Fichtner, Germany; Christopher R Seppala (Legal Adviser), White & Case, Francs; and José F Spaziale, IATASA, Argentina. The preparation was cartied out under the general direction of the FIDIC Contracts Committée which comprised John B Bowcock, Consulting Engineer, UK (Chairman); Michael Mortimer-Hawkins, SwedPower, Sweden, and Axel-Violkmar Jaeger, Schrnidt Reuter Partner, Germany; together with K B (Tony) Norris as Special Adviser. Drafts were reviewed! by’ many persons and orgarisations, Incucing those listed below: Their comments wore duly studied by the Update. Task Group andi, where considered appropriate, have influenced the wording of the Gauses. Mushilag Ahmad, NESPAK, Pakistan; Peter Batty, Post Buckley International, USA; Rosland Bartrams, Ciford: Chance; Netherlands; Charles G Borthwick, SwedPower, Sweden; Manfred Breage, Lahmeyer international, Germany; Pablo Bueno, TYPSA, Spain; Naol G ‘Bunni, Coneuiting Engineer, Irland: lan Fraser, Beca Carter Hollings & Femer, Now Zeeland; Fey Goode, Oxford University, UK; Dan W Graham, Bristows Cooke & Carpmael, UK; Mark Grifiths, Grifitis & Armour, UK; Geoffrey F Hawker, Consulting Engineay, UK; Hesse 8 Steinberger, VDMA, Germany; Poul E Hviisted, Elsarnprojekt, Danmar Gordon’ L Jaynes, Whitman BYeed Abbott & WViorgan, UK; Tonny Jensen (Charman of FIDIC Gualty Management Committee), COWL, Denmark; Philip Loots & ‘Associates, South Afica; Nel MoCole, Merz end MaLollan, UK: Tim Reynolds, Constant & Constant, UK; Matthew Neadham-Laing, Vietora Russell & Paul J Tay.r, Benymans: Lace Mewer, UK; David R Wightman & Gerlanco Butera, Nabaro Nethaneon, UK; the Association of Japanese. Consuiting Engineers: the Construction Iridustry Authority of the Phiipaines; European Intemational Contractors; ORGAnisme de Liaison Industries Métaliques Européennes ('ORGALIME); tha International ‘Association of Dredging Contractors; the International Bar Association; the Asian Development Bank; and the World Bank. Acknowledgement of reviewers déss not mean that such persons or organizations approve the wording of all clauses. FIDIC wishes to record its appreciation of the time and effert devated by all the above, The ultimate decision off the form and content of the document rests with FIDIC ‘ero 1e09 FOREWORD “The Fédération tntemationate des Ingénieurs-Conseils FIDIC) published, In 1989, First Edliions of four new standard forms of contract: Conitions of Contract for Construction, which ate recommended’ for building or engineering works designed by the: Employer or by his representative, the Engineer. Under the usual arrangements for this type of coriract, the Contractor constructs tha warks in aecortiance with a design provided by the Employer, Hewever, the works may include some elements cf Contractor-designed civil, mechanical, electrical and/or construction warks, Coretitians oF Contract for Plant and Design-Build, ‘Which are recommended for the provision of eleatjical and/or mechanical elant, and for the design and execution of bulking or engjnesring warks. Under the sual anangements for this type of contract, the Contractor designs and provides, In accordance with the Employer's reoulrements, plant and/or ather works; which may include any combination of civil, mechanical, electrical -anovfar construction works: Conditions Gt Contrast tor EPG/Tumkey Projects, which may be suitable for the provision on a turnkey basis of a process or power plant of a factory or simile facity, or of an infrastructure project or other type of development, where () a highs cegree of certainty of final price and time is required, and {i} the Contractor takes total respensibiity for the design ard execution of the protect, wit litle involvement of the Employer, Under the Uusuial arrangements tor turkey prejects, the: Contractor carriss out all the Engineering, Prociirermant anc Gonstruction (EPC): providing a tuly-ecuioped ‘elit, ready for operation (@t the “turn of the key"). ‘Short Form of Contract, which is recommended for building or enginbering works of relatively srl ‘capital value, Depending’on the typeof work-and the cireumstances, this form mey elo be suitable for contracts of greater vale, particule for relatively simple or repetitive work OF work of short duration. Under the usual atrangernenis for this type of contract, the Contractor constructs the works ia aocordance with a iesian provided by the Employer or by his representative (f any), but this form may els0 be suitable for-a contract which Includes, or wholly comprises, Contractordesigned civil, mechanical, eleatrical and/or construction works. The forms are recommended for general use where tenders eve invited on an intemational basis. Medications may be required in some jurisdictions, particulary if the Conditions are to be used! on domestic contiacts, FIDIC considers the oficial ancl authente texts to be the versions in the Engish language. In the preperation of these’ Coneitions of Contract for Piant and Design-Buiid, it was: recognised that, while there are many sub-clauses which wil be generally applicable, there ere some sup-clauses which must necessarily vary to take account of the ene t909 citcumstances relevant to the perticular contract. The sub-clauses which were ‘considered! to be appicable to many (but not all) contracts have been included in the General Conditions, in order to feciitate their incorporation into each contract. ‘The General Conditions and the Particular Conditions will together comprise the Conditions of Contract governing the rights and obligations of the parties. It will be necessary to prepare the Particular Conditions for each individual contract, and to take account of those sub-clatises in the General Conditions which mention the Particular Conelttons. For this:publication, the General Conditions were prepared ori the following basis: (interim payments, in respect of the lump sur Contract Price, will be meade as work proceeds, and will typically be baséd on instalments specified in a schedula; (i) ifthe wording in the General Conditions necessitates further data, then (unless it is ‘so descriptive that it would have to be detailed in the Employer's Requirements} the sub-clause makss reference to this data being contained in the Appendix to Tender, the data either being presoribed by the Employer or being Inserted by the Tenderer; Gi) where aysub-clause in the General Conditions deals with a matter‘on which itferont carrract terms are likely. to be applicable for different contracts, the principles appliad in writing the sub-clause were: {a} Users would find it more convenient If ary provisions which they did not wish to apply could simply be deleted or not invoked, then if additional ‘text had to'be written (in the Particular Conditions) because the General ‘Cancitions did not cover their requirements; or ©) i other cases, where the application of (a) was thought to. be Inappropriate; the sub-clause contains the provisions which were considered applicable to most contracts, Fer exemple, Sub-Clause 14.2 [Aovance Payment] is included for convenience, not because of any FIDIC policy in respect of advance payments. This Sub-Ciase becomes inapplicable (even iit is not celetedt Iit is disregercied by not speciiying the ‘amount of the advance. it should therefore be nated thal some sof the provisions contained in the General Conditions may not bbe appropriate for an apparently-typical contract. Further ‘information on these aspects, example werding for other anangements, and ther expianatery material and example wording to assist in the preparation of the Particular Conditions and the other fender documents, are: inclided within this ubication as Guidance for the Preperation of the Particuler Conditions, Before incorporating ary example wording, tt must be checked to ensure that itis wholly suitable for the particular ckouirstances; if nat, it must be-amended, ‘Where example wording is amencied, and in-all cases where other amencments or additions are macle, care must be taken to ensure that no ambiguity is created, ether writh the General Conditions or betweén the clauses in the Particular Conditions, tt Is oR 198 essential that all these drafting tasks, and the entire preparation of the: tender documents, are entrusted to personnel with the relevant expertise, including the contractual, technical and procurement aspects, This publication conctuds with example forms for the Letter of Tender, the Appendix to. Tender (providing a checklist of the sub-clauses which refer to it), the Contract Agreement, arid alteratives for the Dispute Adjudication Agreement. This Dispute Adjudication Agreemétt provides text for the agreement between the Employer, the Contractor and the persen appointed to ect either as sole adjudicator or as @ member of @ three-person: disute adjucication board: and Incorporates (by reference) the terfis in the Appendix to the General Conditions. FIDIC irtends ta publish a guide to the use of its Conditions of Contract for Construction, for Plant and Dasign-Buld, and for EPC/Tumkey Projects, Another devant FIDIC publication is "Tendering Procectrs", which presents a systematic, approach ta the saleciion of tenderers and the obtaining ana evaluation of tenders. In order to claity the Soquerce of Contract activities, reference riiay be made to the charis on the next two pages and to the Sub-Clauses listed below {some Sub-Clause numbers ara also stated in the charts). The: charts are ilustrativa and must not be ‘aken into consideration in the interpretation of the Gonditions’of Contract. 44.81 & 187 BeseDate 41.82 & 81 Commencement Date 4466 & 42 Performance Securty 1447 & 143 Interim Payment Certticato 1.188 & 82 — Time-for Complation (as extended under 8.4) 4.194 & 84 Tests on Completion JAB5 & 44 Taking-Qier Conticate 44.968 & 121 Testsatter Completion it amy) 14.87 & 11.1 Defects Notfication Period (es extended under 11.3) 14138 & 11.9. Performance Certificate 14.44 & 14.13 Final Payment Certticate Fe 1a00 (sue ofthe Subtission issue ofthe 8.1 40.1 ssubof 19.9 save of Tender ofthe Latter af |= Gommmencement Teking.CQver Pariormance Documents Tendar Acceptance Dato Cerificate Cartcate Delete 82 Time tor Noflation “completion! Peroc?? <> ————_ olay attributable othe Contractor? 1 Nokiving ef Defects, * tsa ofthe arTeor ——> | Renediea —>| ertorianos Sacutty Gompiction® | da Retum ot the Portormance ‘secur ‘Typical sequence of Principal Events during Contracts for Plant and Design-Build 4. The Tine for'Coriplation isto besstated (in the Appendix to Tandle? as s number of days, to which is adead ‘any extensions of time under Sub-Clause 8.4 2, Inorder to indicate the sequence of events, the above diagram is based Upon the example of the Contractor faling 10 comply with Sub-Clause 8.2. 4, ‘The Dalacts Notification Period’ is to.be stated (in the Appendix to Tencler} as a number of deys, to which fs adcied any extensions under Sub-Clause 11.3 4. Depending on the type of Works, Test alfer Completion mayaiso be required. @RINC 1008 443 Contractor submite Statement {ip the Engineer Each of the monthly (oF otherwise) interim payments The final payment Engineer varies statement, Contractor _subrrits information 14:11 Gontractor submits, 148 Engineer 1:7 Employer makes issues inten the payment te the Payment Caticele Contractor 4:14 Contractor ait halstatemant #8 the submis Final Stacernent Enginser and the 14.12 echarge 14.19 Engineer issues Fel Payment ertficais Typical Sequence of Payment Events Envisaged in Clause 14 Patygues (20.2 Pass rretice attne —_loppolnt the. intention vo * DAB rfera depute toa DAB 204A Pang relers ne ebspuita tothe pap Patios present suberissions fo the BAB. 20.1.4 Paty may isque's "notoo.ct

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