1. Particular Conditions of Contract & Appendix to Tender
Introduction to FIDIC
Particular Conditions of Contract
Appendix to Tender

2. Difference from PRAG
Note the difference from PRAG that uses “Special Conditions of Contract” while FIDIC uses “Particular Conditions of Contract”
The meaning is actually the same, the difference is only of formal nature
Phrasing when it comes to contract documents, must be precise and exact, without allowing room for interpretation

3. Location in the Tender Dossier
A Works Tender Dossier will generally contain:
Volume 1:
Instructions to Tenderers
Tender Form and Appendix to Tender
Form of Tender Guarantee
Questionaires for the Tenderers
Glossary of Terms
Evaluation Grids

4. Location in the Tender Dossier
A Works Tender Dossier will generally contain:
Volume 2:
Form of Contract Agreement
General Conditions of Contract
Special/Particular Conditions of Contract
Forms for Advance, Performance and Retention Money bank guarantees

5. Location in the Tender Dossier
A Works Tender Dossier will generally contain:
Volume 3: – Technical Specifications/Employer’s Requirements
Volume 4: – Bills of Quantities/ Schedule of Prices
Volume 5: - Drawings

6. Particular Conditions of Contract (P.C.C)
The PCC take priority over the General Conditions
FIDIC provides “guidance” within the 2nd part of the Red/ Yellow Book as to the writing of the PCC. Examples should be only used after verifying they are suitable for your specific case
The PCC should provide all relevant conditions that relate to the projects and the laws of the contract, which add, complement, or amend the general conditions.
Special care must be undertaken in drafting the PCC so that there are no contradictions and ambiguities between the PCC and the general conditions.

7. Particular Conditions of Contract
There is no Clause in the General Conditions requiring additional data to be included in the PCC, this is done only when and as much as necessary
The General Conditions can be applied for any project, anywhere in the world, but will never be able to deal with the specific issues related to a specific project, nor to the legislation of a certain country
Such issues are addressed in the PCC
Any modification of existing Clauses, or insertion of a new Clause, must be made for a clear reason and only in conjunction with the other Clauses
Make sure you don’t create ambiguities with other Clauses, or provisions of other documents

8. Preparation of Particular Conditions
The guidance is to assist writers of the particular conditions by giving options for various sub-clauses where appropriate
FIDIC recommend suitably-qualified engineers to prepare documents and a review by a suitably-qualified legal advisers
Major exercise in cross referencing general conditions with:
Appendix to tender
Specifications
Particular conditions,
And ensuring no contradiction.
Note Sub-Clause 1.5, which gives priority of contract documents

9. Examples of Sub-Clauses amended in the Particular Conditions
Sub-Clause 1.3 – Communication
Can be modified to indicate the right communication means
Sub-Clause 1.4 – Law and Language
Will be modified to include any particular legislation and the language to be used in various situations
Sub-Clause Priority of Documents
Can be modified, amended, completed for accommodating all documents within the Contract, in the right order
Sub-Clause Contract Agreement
Within this Clause and throughout all the document, “Letter of Acceptance” will be read as “Contract Agreement”

10. Examples of Sub-Clauses amended in the Particular Conditions
Sub-Clause 2.1 – Right of Access to Site
If right of access can not be granted by the time of contract signature, details are to be provided
Sub-Clause 3.1 – Engineer’s Duty and Authority
Should Employer whish to limit Engineer’s Authority, such limitations will be clearly stated. They must be the same as in the Works Supervision Contract (Services)
Sub-Clause 4.1 – Contractor’s General Obligations
Should there be additional Obligations to be imposed on the Contractor, relevant details should be provided

11. Examples of Sub-Clauses amended in the Particular Conditions
Sub-Clause 4.8 – Safety Procedures
Employer may indicate additional procedures required under the national or EU legislations, or specific situations on a particular site
Sub-Clause 4.19 – Electricity, Water and Gas
If utilities are to be available for the Contractor use, Specifications will indicate locations and prices
Sub-Clause 4.21 – Progress Report
Should there be additional requirements for reporting, in term of both timing and content, such details will be provided
Sub-Clause 4.22 – Security of the Site
Employer may indicate additional measures required under the national or EU legislations, or specific situations on a particular site

12. Examples of Sub-Clauses amended in the Particular Conditions
Clause 7 – Additional Sub-Clause “Rule of Origin”
In the case of EU financed projects, Employer will require an eligible origin for all goods, supplies, related services, workmanship, etc
Sub-Clause 8.2 – Time for Completion
Should the Works be taken over in stages, Employer will indicate this and define the respective Sections in the Appendix to Tender
Sub-Clause 12.1 – Works to be measured
If some of the Permanent Works are to be measured according to records of construction, details are to be specified in the Tender Documents, indicating the records for which the Contractor is responsible

13. FIDIC Clause 1.5 – Priority of Documents
the Contract Agreement (if any),
the Letter of Tender
the Particular Conditions
these General Conditions
the Employer’s Requirements
the Schedules, and
the Contractor’s Proposal and any other documents forming part of the Contract
This order can be modified to suit the needs of each particular Employer, or project
If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.

14. Appendix to Tender
Contains both Financial and Non-Financial Data
Non-Financial Data: Employer’s/ Engineer’s/ Contractor’s Details, Time for Completion, DNP, Governing Law, Language, Periods, DAB Appointment Date, Number of DAB Members, etc
Financial Data: Amount of Performance Security, Delay Damages, Advance Payment, Retention Money, Minimum Amount of Interim Payment Certificates, Amounts of Insurances, etc
Reference to such data is made in various Clauses of the Contract Conditions thus again, such references are to be crosschecked against the relevant Clauses for avoiding contradictions or ambiguities
As well as for the PCC, data included in the Appendix to Tender, should suit the needs of each particular project. However, a certain degree of standardisation is recommendable, at least at the level of each organisation

15. Appendix to Tender
The Appendix to Tender, as well as PCC, is generally drafted by the Employer at the Tender Dossier preparation phase and is to be acknowledged by the Tenderers
The Employer may however require other data from the Tenderers, and include a questionaire in the Schedules
The Appendix to Tender is drafted in the shape of a table indicating the specific Items and Sub-Clauses referred to, as well as the respective values for such Items

16. Appendix to Tender
Data in the Appendix to Tender will always complete the General or Particular Conditions of Contract, but will never modify them
For this particular reason, no sums or percentages should be indicated in both, Conditions of Contract and Appendix to Tender, generally these should be included in the latter