Construction Contract Administration dasdas 2 The Employer FIDIC 1999 Construction Contract Administration ENGC 6363 Supervisor: Dr.Kamalain shaath October 2009

Contents The Employer Right of Access to the Site 1 Right of Access to the Site 2 Permits, Licences or Approvals 3 Employer's Personnel 4 Employer's Financial Arrangements 5 Employer's Claims

1. Right of Access to the Site The Employer shall give the Contractor right of access to, and possession of, all parts of the Site within the time (or times) stated in the Appendix to Tender. The right and possession may not be exclusive to the Contractor. If, under the Contract, the Employer is required to give (to the Contractor) possession of any foundation, structure, plant or means of access, the Employer shall do so in the time and manner stated in the Specification.

1. Right of Access to the Site (cont’s) However, the Employer may withhold any such right or possession until the Performance Security has been received. If no such time is stated in the Appendix to Tender, the Employer shall give the Contractor right of access to, and possession of, the Site within such times as may be required to enable the Contractor to proceed in accordance with the programme submitted under Sub-Clause 8.3 [Programme].

1. Right of Access to the Site (cont’s) If the Contractor suffers delay and/or incurs Cost as a result of a failure by the Employer to give any such right or possession within such time, the Contractor shall give notice to the Engineer and shall be entitled subject to Sub-Clause 20.1 [Contractor's Claims] to: 1 An extension of time for any such delay, if completion is or will be delayed, under Sub Clause 8.4 [EOT], 2 Payment of any such Cost plus reasonable profit, which shall be included in the Contract Price.

1. Right of Access to the Site (cont’s) After receiving this notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters. However, if and to the extent that the Employer's failure was caused by any error or delay by the Contractor, including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled to such extension of time, Cost or profit.

2. Permits, Licences or Approvals The Employer shall (where he is in a position to do so) provide reasonable assistance to the Contractor at the request of the Contractor: 2 For the Contractor's applications for any permits, licences or approvals required by the Laws of the Country: Which the Contractor is required to obtain under Sub-Clause 1.13 [Compliance with Laws], 1 By obtaining copies of the Laws of the Country which are relevant to the Contract but are not readily available, 2 For the Contractor's applications for any permits, licences or approvals required by the Laws of the Country: For the delivery of Goods, including clearance through customs, For the export of Contractor's Equipment when it is removed from the Site.

A B 3. Employer’s Personnel The Employer shall be responsible for ensuring that the Employer's Personnel and the Employer's other contractors on the Site: A Co-operate with the Contractor's efforts under Sub-Clause 4.6 [Co-operation], B Take actions similar to those which the Contractor is required to take under subparagraphs (a), (b) and (c) of Sub-Clause 4.8 [Safety Procedures] and under Sub-Clause 4.18 [Protection of the Environment].  

4. Employer’s Financial Arrangements The Employer shall submit, within 28 days after receiving any request from the Contractor, reasonable evidence that financial arrangements have been made and are being maintained which will enable the Employer to pay the Contract Price (as estimated at that time) in accordance with Clause 14 [Contract Price and Payment]. If the Employer intends to make any material change to his financial arrangements, the Employer shall give notice to the Contractor with detailed particulars.

5. Employer’s Claims If the Employer considers himself to be entitled to any payment under any Clause of these Conditions or otherwise in connection with the Contract, and/or to any extension of the Defects Notification Period, the Employer or the Engineer shall give notice and particulars to the Contractor. However, notice is not required for payments due under Sub-Clause 4.19 [Electricity, Water and Gas], under Sub-Clause 4.20 [Employer's Equipment and Free-Issue Material], or for other services requested by the Contractor.

5. Employer’s Claims (cont’s) The notice shall be given as soon as practicable after the Employer became aware of the event or circumstances giving rise to the claim. A notice relating to any extension of the Defects Notification Period shall be given before the expiry of such period. The particulars shall specify the Clause or other basis of the claim, and shall include substantiation of the amount and/or extension to which the Employer considers himself to be entitled in connection with the Contract.

5. Employer’s Claims (cont’s) The Engineer shall then proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine : (I) The amount (if any) which the Employer is entitled to be paid by the Contractor, and/or (II) The extension (if any) of the Defects Notification Period in accordance with Sub-Clause 11 .3 [Extension of Defects Notification Period].

5. Employer’s Claims (cont’s) This amount may be included as a deduction in the Contract Price and Payment Certificates. The Employer shall only be entitled to set off against or make any deduction from an amount certified in a Payment Certificate, or to otherwise claim against the Contractor, in accordance with this Sub-Clause.

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