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TitleFidic users guide a practical guide to the 1999 red and yellow books
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Page 1

FIDIC users’ guide
A practical guide to the

1999 Red and Yellow Books

Brian W. Totterdill

Page 2

Published by Thomas Telford Publishing, Thomas Telford Ltd,
1 Heron Quay, London E14 4JD.
URL: www.thomastelford.com

Distributors for Thomas Telford books are
USA: ASCE Press, 1801 Alexander Bell Drive, Reston, VA 20191-4400, USA
Japan: Maruzen Co. Ltd, Book Department, 3–10 Nihonbashi 2-chome,
Chuo-ku, Tokyo 103
Australia: DA Books and Journals, 648 Whitehorse Road, Mitcham 3132,
Victoria

First published 2006

Also available from Thomas Telford Books

FIDIC users’ guide: A practical guide to the 1999 Red Book. B. W. Totterdill.
ISBN: 0 7277 2885 7
FIDIC Conditions of Contract for Construction. ISBN: 2 8843 2022 9

A catalogue record for this book is available from the British Library

ISBN: 0 7277 3441 5

# Brian W. Totterdill and Thomas Telford Limited 2006

All rights, including translation, reserved. Except as permitted by the
Copyright, Designs and Patents Act 1988, no part of this publication may be
reproduced, stored in a retrieval system or transmitted in any form or by any
means, electronic, mechanical, photocopying or otherwise, without the prior
written permission of the Publishing Director, Thomas Telford Publishing,
Thomas Telford Ltd, 1 Heron Quay, London E14 4JD.

This book is published on the understanding that the author is solely
responsible for the statements made and opinions expressed in it and that its
publication does not necessarily imply that such statements and/or opinions
are or reflect the views or opinions of the publishers. While every effort has
been made to ensure that the statements made and the opinions expressed in
this publication provide a safe and accurate guide, no liability or responsibility
can be accepted in this respect by the author or publishers.

Typeset by Academic þ Technical, Bristol
Printed and bound in Great Britain by MPG Books, Bodmin, Cornwall

Page 15

Appendix to Tender (continued )
standard form 346�9
Sub-Clauses that refer to 25
see also Contract Data (MDB)

application for Interim Payment
Certificates 240�2

approvals, licences and permits,
obtaining 101, 102, 105�6

arbitration 5, 44�5, 305�6
MDB changes 377
payment after resolution by 251

archaeological investigations 146
arms and ammunition Sub-Clause

(MDB) 369
as-built documents (YB) 157�8, 191
assignment 95�6
of benefit of subcontract 126
MDB changes 377

assistance by Employer with Laws,
permits, licences or approvals 105,
106

assistants, Engineer’s 86, 114�15
Authorised Person, in Short Form of

Contract 19
authorities, delays caused by 183
avoidance of interference 137�8

Bank (MDB Edition) 21, 359
changes to sub-clauses related to 21,

359�63
inspections and audit by 359

bank guarantee 244
Base Date 11, 79, 84
Bid (MDB) 358
Bill of Quantities 4, 78
estimates in 210
method of measurement used (RB)

212
‘Blue Book’ see FIDIC Form of Contract

for Dredging and Reclamation
Works

bonus/incentive for early completion
185

Borrower (MDB Edition) 21, 359
bribery, termination of Contract caused

by 258�9
by-laws, statutes, ordinances,

regulations and legislation,
compliance with 101�2

care and supply of documents 96�7
MDB changes 363

care of Works by Contractor 268
cash flow benefits 249
cash flow estimates 243, 246

Certificate
Final Payment 80
application for 250�1
issue of 252, 372(MDB)

Interim Payment 13, 81
application for 240�2
issue of 238, 244�5

Payment 81
Performance 80, 208
Taking-Over 80
issuing of 195�9

see also Final Payment Certificate;
Interim Payment Certificate;
Payment Certificate; Performance
Certificate; Taking-Over
Certificate

certificates, copies to be sent 89�90
cessation of work by Contractor 265
child labour Sub-Clause (MDB) 370
circumstance, meaning of term 291
claims by Contractor 36�41, 60�1, 289�93
Sub-Clauses referring to 39�41, 68,

289�90
claims by Employer 12, 41�2, 62, 108�10
MDB changes 364
notice of 108, 109
Sub-Clauses referring to 41�2, 68,

108�9
claims procedures 35�42
sequence of procedures 37

Clauses
grouping of 30�2
listed 69�74
see also Sub-Clauses

clearance of Site
after Performance Certificate 209
after Taking-Over Certificate 145, 146

Client/Consultant Model Services
Agreement (‘The White Book’, 3rd
edn, 1998) 6

climatic conditions, delay caused by 182
coercive practice (MDB Edition) 362
collusive practice (MDB Edition) 361
Commencement Date 79, 85, 175
Commencement of Works 174�6
commissioning tests (YB) 178�9, 189, 190,

191
communications 88�91
addresses for 89
electronic transmission of 88
language for 92

completion of outstanding work 196,
202�3

completion of Works 174�6
clearing Site after 146

390

FIDIC users’ guide: A practical guide to the 1999 Red and Yellow Books

Page 16

definitions relevant to 174
payment procedures at 58
Sub-Clauses referring to 68

procedures at 54
Sub-Clauses referring to 68

Statement at 249�50
Tests after 14, 80, 85, 86, 170, 215�19
Tests on 14, 80, 85, 86, 170, 189�94
Time for 79, 176
extension of 12, 180�3, 370 (MDB)

compliance with Laws 101�2
conciliation 44, 304
conditions
of labour 160
Unforeseeable physical 134�7

Conditions of Contract 4
need for revision 6
preparation of Contract documents

24�30
see also FIDIC Conditions of Contract;

General Conditions; Particular
Conditions

confidential details 100
MDB changes 363�4

construction contracts, typical
composition 3�4

contemporary records 164, 292
contingency sum, Provisional Sum as

228
Contract 77
definitions that depend on 85
documents that form 3�4, 84, 85
frustration of 287
Sub-Clauses that refer to 27, 29

Contract Agreement 3, 78, 93, 94�5
changes for YB 351
definitions that depend on 85
documents referred to in 84
example form 350
need for 30
payment terms 233
standard form 95, 103, 350�1

Contract Data (MDB) 21, 358
information required 363, 375

Contract documents 3�4, 84, 85
preparation of 24�30

Contract Price 80, 233, 234�7
adjustments for changes in Cost

230�2
adjustments for changes in legislation

229�30
definitions relevant to 234
evaluation of (RB) 213�14, 235�6
MDB changes 360
payment in instalments 242

Contractor 79, 120�46
access route(s) used by 138
access to Site, during Defects

Notification Period 207
care of Works by 268
co-ordination by (YB) 128, 129
defects notified by Employer to 202�3
definitions relevant to 120�1
direct instruction from Employer 220
discharge submitted by 251�2
disclosure of confidential information

100
electricity, water and gas used by 140
Employer’s documents used by 100
entitlement to reduce or suspend

work 245, 246, 262�3
MDB changes 362

entitlement to time extension or
additional payment 40

environment protected by 140
equipment and free-issue materials

provided to 12, 140�2
evidence of payments to nominated

Subcontractor (RB) 150
failure to remedy defects 205�6
general obligations 121�3
MDB changes 360

health and safety responsibilities
162�3

insurance cover 276
measurement of Works by (RB) 211�13
non-recruitment of Employer’s

Personnel by 160�1
notice of event that may cause delay

or additional cost 39�40, 180
notice for inspection 168
notice of intention to deliver 139
objection to nomination of

Subcontractor (RB) 148�9
objection to Variation 221, 222, 223
operation and maintenance manuals

(YB) supplied by 158
Performance Certificate issued to 208
prevented from carrying out Tests on

Completion 200
profit claimed as well as cost 40�1
programme submitted to Engineer 178
progress reports 12, 98, 142�4, 179
provision of rights-of-way and

facilities 137
removal of defective work from Site

by 206
responsibility unaffected by

Engineer’s approval 112
responsibility for Works 121�3, 268

391

Index

Page 29

termination by Contractor 263�5
definitions relevant to 262
due to default of Employer 107, 245,

246, 264
MDB changes 362
payment on 265

termination by Employer 256�61
for convenience of Employer 260�1
MDB changes 373

definitions relevant to 256
due to default of Contractor 206,

258
entitlement to 260�1
notice required 258
optional
after Force Majeure 261, 286�7
at convenience of Employer 260�1

payment after 259�60
reasons for 258�9
valuation at date of 259

testing 169�70
tests, further 206
Tests after Completion (YB) 14, 80, 85,

86, 170, 215�19
comparison with Tests on Completion

215
definitions relevant to 215
delayed 216�17
failure to pass 218�19
performance tests specified as 201
procedure for 215�16
repeating after failure 217�18
Retention Money paid after 249

Tests on Completion 14, 80, 85, 86, 170,
189�94

after taking over part of Works 199
comparison with Tests after

Completion 215
Contractor’s obligations 189�92
definitions relevant to 189
delayed 192
failure to pass 193�4
interference with 199�200
repeating 192�3
timing of 190, 191, 200

third-party insurance 279�80
time certainty, in EPC/Turnkey Contract

16, 18
Time for Completion 79, 176
extension of 12, 180�3
climatic conditions causing 182
Employer causes 182�3
MDB changes 370
shortages of personnel or Goods

causing 182

Sub-Clauses relevant to 181�2
start of 175

time for payment 246
time periods in Conditions of Contract

47�8
Sub-Clauses referring to 67

trade mark, claims for infringement of
270�1

traditional FIDIC Conditions of Contract
5�6

Client/Consultant Model Services
Agreement (‘The White Book’, 3rd
edn, 1998) 6

comparison with 1999 Contracts
10�13, 111, 203, 222, 224, 288, 383�8

Conditions of Contract for
Design�Build and Turnkey (‘The
Orange Book’, 1st edn, 1995) 6

comparison with 1999 YB 14, 383
Conditions of Contract for Electrical

and Mechanical Works (‘The
Yellow Book’, 3rd edn, 1987) 5

Conditions of Contract for Works of
Civil Engineering Construction
(‘The Red Book’, 4th edn, 1987) 4,
5

comparison with 1999 RB 10�13, 111,
183, 383�8

Subcontract for use with 127
training of Employer’s Personnel by

Contractor (YB) 157
transport of Goods 138�9
trial operation (YB) 178, 179, 189, 190,

191
turnkey projects, Conditions of Contract

for 7, 16�18

Unforeseeable, definition 82, 84
Unforeseeable Cost, Variation caused by

128
Unforeseeable physical conditions 134�7
unfulfilled obligations 208�9
UNICITRAL Arbitration Rules 306

valuation
at date of termination 259
Sub-Clauses involving 40

value engineering provisions 12, 15,
223�4

Variation(s) 82, 221�3
Contractor’s proposal prior to 225
Cost of repair as 203
delay caused by 181�2
Engineer’s Drawing or instruction

(YB) as 116

404

FIDIC users’ guide: A practical guide to the 1999 Red and Yellow Books

Page 30

Variation(s) (continued )
Engineer’s instruction as 220
evaluation of
Contractor’s proposal 225�6
currency provisions 226�7

procedure 225�6
safety implications 223
value engineering proposal as 224
YB definition 83

variations and adjustments 220�32
definitions relevant to 221

wage rates and conditions of labour
160

MDB changes 367
water, gas and electricity 140
water supply (MDB) 369
‘White Book’ see traditional FIDIC

Client/Consultant Model Services
Agreement

workers’ employment records (MDB)
370

working hours 161�2

workmanship procedures 53
Sub-Clauses referring to 69

Works 82
Commencement of 174�6
Contractor’s care of 268
extension of Defects Notification

Period for 204
failure to pass Tests on Completion

after retesting 193�4
insurance for 277�9
manner of execution of 166�7
measurement of (RB) 211�13
taking-over of 195�7
taking-over of parts 197�9
see also Completion of Works

wreckage, removal from Site 145, 209

year, definition 80
‘Yellow Book’ see FIDIC 1999 Conditions

of Contract for Plant and
Design�Build; traditional FIDIC
Conditions of Contract for Electrical
and Mechanical Works

405

Index

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