9.

1 Conditions of Contract for

Construction (FIDIC)

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 Introduction
 FIDIC is the French acronym for the International Federation of
Consulting Engineers.
 FIDIC was founded in 1913 by three national associations of
consulting engineers within Europe. The objectives of forming
the federation were to promote in common the professional
interest of the member associations and to disseminate
information of interest to members of its component national
associations.

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 Introduction (cont..)
 Today FIDIC membership numbers more than 60 countries from
all parts of the globe and the federation represents most of the
private practice consulting engineers in the world.
 FIDIC publications include proceedings of various conferences
and seminars, information for consulting engineers, -project
owners and international development agencies, standard pre-
qualification forms, contract documents and client/consultant
agreements. They are available from the secretariat in
Switzerland.

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 1. General Provisions
 1.1 Definitions
 “Contract” means the Contract Agreement, the Letter of
Acceptance, the Letter of Tender, these Conditions, the
Specification, the Drawings, the Schedules, and the further
documents (if any) which are listed in the Contract Agreement
or in the Letter of Acceptance.
 “Contract Agreement” means the contract agreement (if any)
referred to in Sub Clause 1.6 (Contract Agreement).

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 1. General Provisions (cont..)
 “Letter of Acceptance” means the letter of formal acceptance,
signed by the Employer, or the Letter of Tender, including any
annexed memoranda comprising agreement between and
signed by both Parties, if there is no such letter of acceptance,
the expression “Letter of Acceptance” means the Contract
Agreement and the date of issuing or receiving the Letter of
Acceptance means the date of signing the Contract Agreement.

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 1. General Provisions (cont..)
 “Letter of Tender” means the document entitled letter of
tender, which was completed by the Contractor and includes the
signed offer to the Employer for the Works.

 “Specification” means the document entitled specification, as

included in the Contract, and any additions and modifications to
the specification in accordance with the Contract. Such
document specifies the Works.

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 1. General Provisions (cont..)
 “Drawings” means the drawings of the Works, as included in the
Contract and any additional and modified drawings issued by (or
on behalf of) the Employer in accordance with the Contract.

 “Schedules” means the documents entitled schedules,

completed by the Contractor and submitted with the Letter of
Tender, as included in the Contract. Such documents may
include the Bill of Quantities, data, lists, and schedules of rates
and/or prices.

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 1. General Provisions (cont..)
 “Tender” means the Letter of Tender and all other documents
which the Contractor submitted with the Letter of Tender, as
included in the Contract.
 “Appendix to Tender” means the completed pages entitled
appendix to tender which are appended to and form part of the
Letter of Tender.
 “Bill of Quantities” and “Daywork Schedule” mean the
documents so named (if any) which are comprised in the
Schedules.
 "Party" means the Employer or the Contractor, as the context
requires.

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 1. General Provisions (cont..)
 "Employer" means the person named as employer in the
Appendix to Tender and the legal successors in title to this
person.
 "Contractor" means the person(s) named as contractor in the
Letter of Tender accepted by the Employer and the legal
successors In title to this person(s).
 "Engineer" means the person accounted by the Employer to act
as the Engineer for the purposes of the Contract and named in
the Appendix to Tender, or other person appointed from time to
time by the Employer and notified to the Contractor under Sub-
Clause 3A [Replacement of the Engineer].

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 1. General Provisions (cont..)
 "Contractor's Representative" means the person named by the
Contractor in the Contract or appointed from time to time by
the Contractor under Sub-Clause 4.3 [Contractor's
Representative], who acts on behalf of the Contractor.
 "Employer's Personnel" means the Engineer. the assistants
referred to in Sub-Clause 3.2 [Delegation by the Engineer] and
all other staff, labour and other employees of the Engineer and
of the Employer; and any other personnel notified to the
Contractor, by the Employer or the Engineer, as Employer's
Personnel.

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 1. General Provisions (cont..)
 "Contractor's Personnel" means the Contractor's Representative
and all personnel whom the Contractor utilises on Site, who may
include the staff, labour and other employees of the Contractor
and of each Subcontractor; and any other personnel assisting
the Contractor in the execution of the Works.
 "Subcontractor" means any person named in the Contract as a
subcontractor, or any person appointed as a subcontractor, for a
part of the Works, and the legal successors in title to each of
these persons.

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 1. General Provisions (cont..)
 "OAB" means the person or three persons so named in the
Contract, or other person(s) appointed under Sub-Clause 20.2
[Appointment of the Dispute Adjudication Board or Sub-Clause
20.3 [Failure to Agree Dispute Adjudication Board].

 "FIDIC' means the Federation lnternationale des lngenieurs-

Conseils, the international federation of consulting engineers.

 "Base Date" means the date 28 days prior to the latest date for
submission of the Tender.

 "Commencement Date" means the date notified under Sub-

Clause 8.1 [Commencement of Works].

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 1. General Provisions (cont..)
 "Time for Completion" means the time for completing the
Works or a Section (as the case may be) under Sub-Clause 8.2
[Time for Completion], as stated in the Appendix to Tender (with
any extension under Sub-Clause 8.4 [Extension of Time for
Completion]), calculated from the Commencement Date.

 "Tests on Completion" means the tests which are specified in

the Contract or agreed by both Parties or instructed as a
Variation, and which are carried out under Clause 9 [Tests on
Completion] before the Works or a Section (as the case may be)
are taken over by the Employer.

 “Taking-Over Certificate" means a certificate issued under

Clause 10 [Employer's Taking Over].
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 1. General Provisions (cont..)
 "Tests after Completion" means the tests (if any) which are
specified in the Contract and which are carried out in
accordance with the provisions of the Particular Conditions after
the Works or a Section (as the case may be) are taken over by
the Employer.
 "Defects Notification Period" means the period for notifying
defects in the Works or a Section (as the case may be) under
Sub-Clause 11 , (Completion of Outstanding Work and
Remedying Defects], as stated in the Appendix to Tender,(with
any extension under Sub-Clause 11.3 [Extension of Defects
Notification Period]) , calculated from the date on which the
Works or Section is completed as certified under Sub-Clause
10.1 [Taking Over of the Works and Sections].

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 1. General Provisions (cont..)
 "Performance Certificate" means the certificate issued under
Sub-Clause 11.9 [Performance Certificate].

 "day" means a calendar day and "year" means 365 days.

 "Accepted Contract Amount" means the amount accepted in

the Letter or Acceptance for the execution and completion of
the Works and the remedying of any defects.

 "Contract Price" means the price defined 111 Sub-Clause 14.1

[The Contract Price], and includes adjustments in accordance
with the Contract.

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 1. General Provisions (cont..)
 "Cost" means all expenditure reasonably incurred (or to be
incurred) by the Contractor, whether on or off the Site, including
overhead and similar charges, but does not include profit.

 "Final Payment Certificate" means the payment certificate

issued under Sub-Clause 14.13 [Issue of Final Payment
Certificate].

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 1. General Provisions (cont..)
 "Final Statement" means the statement defined in Sub-Clause
14.11 [Application for Final Payment Certificate].

 "Foreign Currency" means a currency in which part (or all) of the

Contract Price is payable, but not the Local Currency.

 "Interim Payment Certificate" means a payment certificate

issued under Clause 14 [Contract Price and Payment], other
than the Final Payment Certificate.

 "Local Currency" means the currency of the Country.

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 1. General Provisions (cont..)
 "Payment Certificate" means a payment certificate issued under
Clause 14 [ Contract Price and Payment ].

 "Provisional Sum" means a sum (if any) which is specified in the

Contract as a provisional sum, for the execution of any part of
the Works or for the supply of Plant, Materials or services under
Sub-Clause 13.5 [Provisional Sums].

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 1. General Provisions (cont..)
 "Retention Money" means the accumulated retention moneys
which the Employer retains under Sub-Clause 14.3 [Application
for Interim Payment Certificates] and pays under Sub-Clause
14.9 [Payment of Retention Money].

 "Statement" means a statement submitted by the Contractor as

part of an application, under Clause 14 [Contract Price and
Payment}, for a payment certificate.

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 1. General Provisions (cont..)
 "Contractor's Equipment" means all apparatus, machinery,
vehicles and other things required for the execution and
completion of the Works and the remedying of any defects.
However, Contractor's Equipment excludes Temporary Works,
Employer's Equipment (if any), Plant, Materials and any other
things intended to form or forming part of the Permanent
Works.

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 1. General Provisions (cont..)
 "Goods" means Contractor's Equipment, Materials, Plant and
Temporary Works, or any of them as appropriate.

 "Materials" means things of all kinds (other than Plant) intended

to form or forming part of the Permanent Works, including the
supply-only materials (if any) to be supplied by the Contractor
under the Contract.

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 1. General Provisions (cont..)
 "Permanent Works" means the permanent works to be
executed by the Contractor under the Contract.

 "Plant" means the apparatus, machinery and vehicles intended

to form or forming part of the Permanent Works.

 "Section" means a part of the Works specified in the Appendix

to Tender as a Section (if any).

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 1. General Provisions (cont..)
 "Temporary Works" means all temporary works of every kind
(other than Contractor's Equipment) required on Site for the
execution and completion of the Permanent Works and the
remedying of any defects.

 "Works" mean the Permanent Works and the Temporary Works,

or either of them as appropriate.

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 1. General Provisions (cont..)
 "Contractor's Documents" means the calculations, computer
programs and other software, drawings, manuals, models and
other documents of a technical nature (if any) supplied by the
Contractor under the Contract.

 "Country" means the country in which the Site (or most of it) is
located, where the Permanent Works are to be executed.

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 1. General Provisions (cont..)
 "Employer's Equipment" means the apparatus, machinery and
vehicles (if any) made available by the Employer for the use of
the Contractor in the execution of the Works, as stated in the
Specification; but does not include Plant which has not been
taken over by the Employer.

 "Force Majeure" is defined in Clause 19 [Force Majeure].

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 1. General Provisions (cont..)
 "Laws" means all national (or state) legislation, statutes,
ordinances and other laws, and regulations and by-laws of any
legally constituted public authority.

 "Performance Security" means the security (or securities, jf any)

under Sub-Clause 4.2 [Performance Security].

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 1. General Provisions (cont..)
 "Site" means the places where the Permanent Works are to be
executed and to which Plant and Materials are to be delivered,
and any other places as may be specified In the Contract as
forming part of the Site.

 "Unforeseeable" means not reasonably foreseeable by an

experienced contractor by the date for submission of the
Tender.

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 1. General Provisions (cont..)
 "Variation" means any change to the Works, which is instructed
or approved as a variation under Clause 13 [Variations and
Adjustments].

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 END

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