FIDIC RED BOOK 1999 FIDIC RED BOOK 2017

1 GENERAL PROVISIONS 1 GENERAL PROVISIONS REMARKS

1.1 Definitions 1.1 Definitions
1.2 Interpretation 1.2 Interpretation
1.3 Communications 1.3 Notices and Other Communications Reword
1.4 Law and Language 1.4 Law and Language
1.5 Priority of Documents 1.5 Priority of Documents
1.6 Contract Agreement 1.6 Contract Agreement
1.7 Assignment 1.7 Assignment
1.8 Care and Supply of Documents 1.8 Care and Supply of Documents
1.9 Delayed Drawings or Instructions 1.9 Delayed Drawings or Instructions
1.10 Employer’s Use of Contractor’s Documents 1.10 Employer’s Use of Contractor’s Documents
1.11 Contractor’s Use of Employer’s Documents 1.11 Contractor’s Use of Employer’s Documents
1.12 Confidential Details 1.12 Confidentiality Reword
1.13 Compliance with Laws 1.13 Compliance with Laws
1.14 Joint and Several Liability 1.14 Joint and Several Liability
1.15 Limitation of Liability New
1.16 Contract Termination New
2 THE EMPLOYER 2 THE EMPLOYER REMARKS
2.1 Right of Access to the Site 2.1 Right of Access to the Site
2.2 Permits, Licences or Approvals 2.2 Assistance New
2.3 Employer’s Personnel 2.3 Employer’s Personnel and Other Contractors Reword
2.4 Employer’s Financial Arrangements 2.4 Employer’s Financial Arrangements
2.5 Site Data and Items of Reference New
2.6 Employer-Supplied Materials and Employer’s Equipment New
2.5 Employer’s Claims
3 THE ENGINEER 3 THE ENGINEER REMARKS
3.1 The Engineer New
3.1 Engineer’s Duties and Authority 3.2 Engineer’s Duties and Authority
3.3 The Engineer’s Representative New
3.2 Delegation by the Engineer 3.4 Delegation by the Engineer
3.3 Instructions of the Engineer 3.5 Engineer’s Instructions Reword
3.4 Replacement of the Engineer 3.6 Replacement of the Engineer
3.5 Determinations 3.7 Agreement or Determination Reword
3.8 Meetings New
4 THE CONTRACTOR 4 THE CONTRACTOR REMARKS
4.1 Contractor’s General Obligations 4.1 Contractor’s General Obligations
4.2 Performance Security 4.2 Performance Security
4.3 Contractor’s Representative 4.3 Contractor’s Representative
4.4 Subcontractors
4.5 Assignment of Benefit of Subcontract
4.4 Contractor’s Documents New
4.5 Training New
4.6 Co-operation 4.6 Co-operation
4.7 Setting Out 4.7 Setting Out
4.8 Safety Procedures 4.8 Health and Safety Obligations Reword
4.9 Quality Assurance 4.9 Quality Management and Compliance Verification Systems Reword
4.10 Site Data 4.10 Use of Site Data Reword
4.11 Sufficiency of the Accepted Contract Amount 4.11 Sufficiency of the Accepted Contract Amount
4.12 Unforeseeable Physical Conditions 4.12 Unforeseeable Physical Conditions
4.13 Rights of Way and Facilities 4.13 Rights of Way and Facilities
4.14 Avoidance of Interference 4.14 Avoidance of Interference
4.15 Access Route 4.15 Access Route
4.16 Transport of Goods 4.16 Transport of Goods
4.17 Contractor’s Equipment 4.17 Contractor’s Equipment
4.18 Protection of the Environment 4.18 Protection of the Environment
4.19 Electricity, Water and Gas 4.19 Temporary Utilities Reword
4.20 Employer’s Equipment and Free-Issue Material
4.21 Progress Reports 4.20 Progress Reports
4.22 Security of the Site 4.21 Security of the Site
4.23 Contractor’s Operations on Site 4.22 Contractor’s Operations on Site
4.24 Fossils 4.23 Archaeological and Geological Findings Reword
5 NOMINATED SUBCONTRACTORS 5 SUBCONTRACTING REMARKS
5.1 Definition of “nominated Subcontractor”
5.2 Objection to Nomination
5.3 Payments to nominated Subcontractors
5.4 Evidence of Payments
5.1 Subcontractors New
5.2 Nominated Subcontractors Reword
 FIDIC RED BOOK 1999 FIDIC RED BOOK 2017
6 STAFF AND LABOUR 6 STAFF AND LABOUR REMARKS
6.1 Engagement of Staff and Labour 6.1 Engagement of Staff and Labour
6.2 Rates of Wages and Conditions of Labour 6.2 Rates of Wages and Conditions of Labour
6.3 Persons in the Service of Employer 6.3 Recruitment of Persons Reword
6.4 Labour Laws 6.4 Labour Laws
6.5 Working Hours 6.5 Working Hours
6.6 Facilities for Staff and Labour 6.6 Facilities for Staff and Labour
6.7 Health and Safety 6.7 Health and Safety of Personnel Reword
6.8 Contractor’s Superintendence 6.8 Contractor’s Superintendence
6.9 Contractor’s Personnel 6.9 Contractor’s Personnel
6.10 Records of Contractor’s Personnel and Equipment 6.10 Contractor’s Records Reword
6.11 Disorderly Conduct 6.11 Disorderly Conduct
6.12 Key Personnel New
7 PLANT, MATERIALS AND WORKMANSHIP 7 PLANT, MATERIALS AND WORKMANSHIP REMARKS
7.1 Manner of Execution 7.1 Manner of Execution
7.2 Samples 7.2 Samples
7.3 Inspection 7.3 Inspection
7.4 Testing 7.4 Testing by the Contractor Reword
7.5 Rejection 7.5 Defects and Rejection Reword
7.6 Remedial Work 7.6 Remedial Work
7.7 Ownership of Plant and Materials 7.7 Ownership of Plant and Materials
7.8 Royalties 7.8 Royalties
8 COMMENCEMENT, DELAYS AND SUSPENSION 8 COMMENCEMENT, DELAYS AND SUSPENSION REMARKS
8.1 Commencement of Works 8.1 Commencement of Works
8.2 Time for Completion 8.2 Time for Completion
8.3 Programme 8.3 Programme
8.4 Advance Warning New
8.4 Extension of Time for Completion 8.5 Extension of Time for Completion
8.5 Delays Caused by Authorities 8.6 Delays Caused by Authorities
8.6 Rate of Progress 8.7 Rate of Progress
8.7 Delay Damages 8.8 Delay Damages
8.8 Suspension of Work 8.9 Employer’s Suspension Reword
8.9 Consequences of Suspension 8.10 Consequences of Employer’s Suspension Reword
8.10 Payment for Plant and Materials in Event of Suspension 8.11 Payment for Plant and Materials after Employer’s Suspension Reword
8.11 Prolonged Suspension 8.12 Prolonged Suspension
8.12 Resumption of Work 8.13 Resumption of Work
9 TESTS ON COMPLETION 9 TESTS ON COMPLETION REMARKS
9.1 Contractor’s Obligations 9.1 Contractor’s Obligations
9.2 Delayed Tests 9.2 Delayed Tests
9.3 Retesting 9.3 Retesting
9.4 Failure to Pass Tests on Completion 9.4 Failure to Pass Tests on Completion
10 EMPLOYER’S TAKING OVER 10 EMPLOYER’S TAKING OVER REMARKS
10.1 Taking Over of the Works and Sections 10.1 Taking Over of the Works and Sections
10.2 Taking Over of Parts of the Works 10.2 Taking Over Parts Reword
10.3 Interference with Tests on Completion 10.3 Interference with Tests on Completion
10.4 Surfaces Requiring Reinstatement 10.4 Surfaces Requiring Reinstatement
11 DEFECTS LIABILITY 11 DEFECTS AFTER TAKING OVER REMARKS
11.1 Completion of Outstanding Work and Remedying Defects 11.1 Completion of Outstanding Work and Remedying Defects
11.2 Cost of Remedying Defects 11.2 Cost of Remedying Defects
11.3 Extension of Defects Notification Period 11.3 Extension of Defects Notification Period
11.4 Failure to Remedy Defects 11.4 Failure to Remedy Defects
11.5 Removal of Defective Work 11.5 Remedying of Defective Work off Site Reword
11.6 Further Tests 11.6 Further Tests after Remedying Defects Reword
11.7 Right of Access 11.7 Right of Access after Taking Over Reword
11.8 Contractor to Search 11.8 Contractor to Search
11.9 Performance Certificate 11.9 Performance Certificate
11.10 Unfulfilled Obligations 11.10 Unfulfilled Obligations
11.11 Clearance of Site 11.11 Clearance of Site
12 MEASUREMENT AND EVALUATION 12 MEASUREMENT AND VALUATION REMARKS
12.1 Works to be Measured 12.1 Works to be Measured
12.2 Method of Measurement 12.2 Method of Measurement
12.3 Evaluation 12.3 Valuation of the Works Reword
12.4 Omissions 12.4 Omissions
13 VARIATIONS AND ADJUSTMENTS 13 VARIATIONS AND ADJUSTMENTS REMARKS
13.1 Right to Vary 13.1 Right to Vary
13.2 Value Engineering 13.2 Value Engineering
13.3 Variation Procedure 13.3 Variation Procedure
13.4 Payment in Applicable Currencies
13.5 Provisional Sums 13.4 Provisional Sums
13.6 Daywork 13.5 Daywork
13.7 Adjustments for Changes in Legislation 13.6 Adjustments for Changes in Laws Reword
13.8 Adjustments for Changes in Cost 13.7 Adjustments for Changes in Cost
 FIDIC RED BOOK 1999 FIDIC RED BOOK 2017
14 CONTRACT PRICE AND PAYMENT 14 CONTRACT PRICE AND PAYMENT REMARKS
14.1 The Contract Price 14.1 The Contract Price
14.2 Advance Payment 14.2 Advance Payment
14.3 Application for Interim Payment Certificates 14.3 Application for Interim Payment Reword
14.4 Schedule of Payments 14.4 Schedule of Payments
14.5 Plant and Materials intended for the Works 14.5 Plant and Materials intended for the Works
14.6 Issue of Interim Payment Certificates 14.6 Issue of IPC Reword
14.7 Payment 14.7 Payment
14.8 Delayed Payment 14.8 Delayed Payment
14.9 Payment of Retention Money 14.9 Release of Retention Money Reword
14.10 Statement at Completion 14.10 Statement at Completion
14.11 Application for Final Payment Certificate 14.11 Final Statement Reword
14.12 Discharge 14.12 Discharge
14.13 Issue of Final Payment Certificate 14.13 Issue of FPC Reword
14.14 Cessation of Employer’s Liability 14.14 Cessation of Employer’s Liability
14.15 Currencies of Payment 14.15 Currencies of Payment
15 TERMINATION BY EMPLOYER 15 TERMINATION BY EMPLOYER REMARKS
15.1 Notice to Correct 15.1 Notice to Correct
15.2 Termination by Employer 15.2 Termination for Contractor’s Default Reword
15.3 Valuation at Date of Termination 15.3 Valuation after Termination for Contractor’s Default Reword
15.4 Payment after Termination 15.4 Payment after Termination for Contractor’s Default Reword
15.5 Employer’s Entitlement to Termination 15.5 Termination for Employer’s Convenience Reword
15.6 Valuation after Termination for Employer’s Convenience New
15.7 Payment after Termination for Employer’s Convenience New
16 SUSPENSION AND TERMINATION BY CONTRACTOR 16 SUSPENSION AND TERMINATION BY CONTRACTOR REMARKS
16.1 Contractor’s Entitlement to Suspend Work 16.1 Suspension by Contractor Reword
16.2 Termination by Contractor 16.2 Termination by Contractor
16.3 Cessation of Work and Removal of Contractor’s Equipment 16.3 Contractor’s Obligations After Termination Reword
16.4 Payment on Termination 16.4 Payment after Termination by Contractor Reword
17 RISK AND RESPONSIBILITY 17 CARE OF THE WORKS AND INDEMNITIES REMARKS
17.1 Responsibility for Care of the Works New
17.1 Indemnities
17.2 Contractor’s Care of the Works
17.3 Employer’s Risks
17.4 Consequences of Employer’s Risks
17.5 Intellectual and Industrial Property Rights 17.2 Liability for Care of the Works Reword
17.6 Limitation of Liability
17.3 Intellectual and Industrial Property Rights New
17.4 Indemnities by Contractor New
17.5 Indemnities by Employer New
17.6 Shared Indemnities New
19 FORCE MAJEURE 18 EXCEPTIONAL EVENTS REMARKS
19.1 Definition of Force Majeure 18.1 Exceptional Events Reword
19.2 Notice of Force Majeure 18.2 Notice of an Exceptional Event Reword
19.3 Duty to Minimise Delay 18.3 Duty to Minimise Delay
19.4 Consequences of Force Majeure 18.4 Consequences of an Exceptional Event Reword
19.5 Force Majeure Affecting Subcontractor
19.6 Optional Termination, Payment and Release 18.5 Optional Termination Reword
19.7 Release from Performance under the Law 18.6 Release from Performance under the Law
18 INSURANCE 19 INSURANCE REMARKS
18.1 General Requirements for Insurances 19.1 General Requirements Reword
18.2 Insurance for Works and Contractor’s Equipment
18.3 Insurance against Injury to Persons and Damage to Property
18.4 Insurance for Contractor’s Personnel
19.2 Insurance to be provided by the Contractor New
20 CLAIMS, DISPUTES AND ARBITRATION 20 EMPLOYER’S AND CONTRACTOR’S CLAIMS REMARKS
20.1 Contractor’s Claims 20.1 Claims Reword
20.2 Claims For Payment and/or EOT Reword
21 DISPUTES AND ARBITRATION REMARKS
20.2 Appointment of the Dispute Adjudication Board 21.1 Constitution of the DAAB Reword
20.3 Failure to Agree Dispute Adjudication Board 21.2 Failure to Appoint DAAB Member(s) Reword
21.3 Avoidance of Disputes Reword
20.4 Obtaining Dispute Adjudication Board’s Decision 21.4 Obtaining DAAB’s Decision Reword
20.5 Amicable Settlement 21.5 Amicable Settlement
20.6 Arbitration 21.6 Arbitration
20.7 Failure to Comply with Dispute Adjudication Board’s Decision 21.7 Failure to Comply with DAAB’s Decision Reword
20.8 Expiry of Dispute Adjudication Board’s Appointment 21.8 No DAAB In Place Reword