Administration of a FIDIC Contract - Commencement Date to + 28 Days -

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Presentation transcript:

Administration of a FIDIC Contract - Commencement Date to + 28 Days - Administration of a FIDIC Contract - Phase 3 Administration of a FIDIC Contract - Commencement Date to + 28 Days -

CD to + 28 Days Employer’s Actions Clause 1.8 - The Specification and Drawings shall be in the custody and care of the Employer, while Contractor’s Documents will be in his custody and care. Engineer is supplied with 6 copies of the Contractor’s Document. Employer’s personnel shall have right of access to all these documents at all reasonable times Each subsequent drawing shall be supplied to the Contractor. No time period is given for this, but it would be expected to be within 7 days of the CD Normal practice is for the Engineer to issue the subsequent working drawings, but the Contractor may use Sub-Clause 1.9 (Red Book) to require the issuance of drawings or instructions within a particular time, which shall be reasonable

CD to + 28 Days Employer’s Actions Clause 2.1 - Right of access to the site within the time of Commencement Date, as stated in Appendix to Tender Clause 2.3 - Ensure all Contractor’s personnel are aware of their responsibilities under Sub-Clause 4.8 (Safety Procedures) and Sub-Clause 4.18 (Protection of Environment) Clause 2.4 –Employer’s Financial Agreements to be prepared, to provide “Reasonable Evidence” should the Contractor seek evidence of financial arrangements that have been made to meet Payment of Contract Price

CD to + 28 Days Engineer’s Responsibilities Clause 3.2 – Engineer shall draft the assignments and delegations given to his site staff Note that assistants shall be suitably qualified persons, competent to carry out duties, and fluent in the language of communications Clause 4.7 – The Engineer shall provide original points, lines, and levels of reference specified in the contract, or otherwise required

CD to + 28 Days Contractor’s Responsibilities Clause 4.1 – Contractor’s general obligations include responsibility for the adequacy, stability and safety of all site operations and construction methods This clause also sets out Contractor’s obligations for undertaking any design of the Permanent Works that are specified in the Contract Conditions If there is such a requirement then the detailed procedures and requirement should be set out in the Particular Conditions and Specification

CD to + 28 Days Contractor’s Responsibilities Clause 4.2 – Performance Security. Provision of this is linked to Letter of Acceptance, but care should be taken by the Employer, to ensure security, under the terms of this Clause, prior to the Contractor’s right of access to the site (Clause 2.1) If the security is not in place by the time the Contractor has right of access, then the Employer may withhold any such right until the security is received

CD to + 28 Days Contractor’s Responsibilities Clause 4.3 - Contractor’s Representative (CR). Unless the Contractor named the CR in the Contract, then the Contractor submits the name and particulars to the Engineer for consent The CR shall receive, on behalf of the Contractor, instructions under S/C 3.3 Delegation by the CR of any powers etc to other competent persons requires prior notice in writing to the Engineer. No consent or approval required The CR and all persons with delegation powers shall be fluent in the language of communications

CD to + 28 Days Contractor’s Responsibilities Clause 4.4 – Sub-Contractors The Contractor does not need to obtain consent to Sub-Contractors named in the contract Consent of the Engineer is required for all other proposed Sub-Contractors 28 days notice must be given to the Engineer prior to the Commencement Date of each Sub-Contractors work This may require giving such notice in the period prior to Commencement Date

CD to + 28 Days Contractor’s Responsibilities Suppliers Suppliers of Materials, if named in the contract, do not need the consent of the Engineer. It is not clear if other Material Suppliers require any consent, but under Clause 4.16, the Contractor shall give the Engineer not less than 21 days notice of the date on which any plant or other major item of other Goods will be delivered to site Nominated Sub-contractors The Contractor is not under any obligation to employ a nominated Sub-Contractor, but must make reasonable objections “as soon as practicable” in writing to the Engineer. This may be within the first 28 days after Commencement Date

CD to + 28 Days Contractor’s Responsibilities Clause 6 – Staff and Labour Sub-Clause 6.5 – Review normal working hours and seek consent of Engineer to any change Sub-Clause 6.7 – Agree with Engineer exact health and safety facilities provided on site and liaise with local Health Authorities Contractor shall appoint an accident prevention officer at the site responsible for maintaining safety and protection against accidents