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EOT DELAYS ANALYSIS
Contract Module
Part (2)
Presented by :
Hany Ismail, MSc, PMP
CONSTRUCTION CLAIMS MANAGEMENT
EOT DELAYS ANALYSIS
PART (2)
FIDIC ( WHAT WE NEED TO KNOW )
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Construction Claims Management ( Contract Module – Part 2 )
Agenda
• Introduction
Fidic Association
Fidic Rainbow
Introduction
• FIDIC is the International Federation of Consulting
Engineers and its members are comprised of national
associations of consulting engineers.
Fidic Rainbow
• In 1999 FIDIC published a ‘suite’ of contracts, which
became known as ‘the Rainbow Suite’ because of the
various colors of the covers, these have been refined
and developed in the intervening years and today the
suite comprises the following contracts:
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Construction Claims Management ( Contract Module – Part 2 )
Fidic Rainbow
Project Type FIDIC Contract Form
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Construction Claims Management ( Contract Module – Part 2 )
Fidic Rainbow
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Construction Claims Management ( Contract Module – Part 2 )
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Construction Claims Management ( Contract Module – Part 2 )
Obligations
Obligations of the Employer
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Construction Claims Management ( Contract Module – Part 2 )
GENERALCONDITIONS
1 General Provisions
Within 28 days after the
1.6 Contract Enter into a Contract Agreement with the Contractor receives the
None.
Agreement Contractor. Letter of Acceptance, unless
agreed otherwise.
GENERALCONDITIONS
2 The Employer
a) Within the time (or times) Contractor shall
a) Give the Contractor right of access to, and stated in the Appendix to be
possession of, Tender, or if not stated, to entitled to an
2.1 Right of
all parts of the Site. enable the Contractor to extension of
Access to the
b) Give the Contractor possession of any proceed in accordance with time and
Site
foundation, the programme submitted under payment of Cost
structure, plant or means of access if required. Sub-Clause 8.3 [Programme]. plus reasonable
b) In the time and profit.
2 The Employer
Ensure that Employer’s personnel and Employer’s
other contractors cooperate with the Contractor
2.3
and take actions similar to those which the
Employer’s None. None.
Contractor is required to take under Sub-Clause
Personnel
4.8 [Safety Procedures] and under Sub-Clause
4.18 [Protection of the Environment].
2.4 Contractor
Employer’s entitled to
Financial Suspend work,
Arrangements reduce the rate of
Submit reasonable evidence that financial work and to an
Within 28 days after receiving
arrangements have been made and are being extension of time
any request from
maintained which will enable the Employer to pay and additional
the Contractor.
the Contract Price. payment as a
result of such
actions
(Sub-Clause
16.1).
Construction Claims Management ( Contract Module – Part 2 )
2 The Employer
Give notice and particulars to the Contractor if the
Employer considers himself to be entitled to any
As soon as practicable after
2.5 payment under any Clause of the Conditions or
becoming aware of the event or
Employer’s otherwise in connection with the Contract and/or to None.
circumstances giving rise to the
Claims any extension of the Defects Notification Period
claim.
(this obligation may be carried out by the
Engineer).
Construction Claims Management ( Contract Module – Part 2 )
GENERALCONDITIONS
3 The Engineer
a) Appoint the Engineer to carry out the duties
3.1 Engineer’s assigned to him in the Contract.
Duties and b) Not to impose further constraints on the None. None.
Authority Engineer’s authority, except as agreed with the
Contractor..
GENERALCONDITIONS
4 The Contractor
a) Cooperate with the Contractor to agree the
entity, country (or other jurisdiction) for the issue
of the Performance Security.
b) Cooperate with the Contractor to agree the a) None.
form of Performance Security if not in the form b) None.
4.2 Performance annexed to the Particular Conditions. c) None.
None.
Security c) Not to make a claim under the Performance d) Within 21 days after receiving
Security, except for amounts to which the a copy of the
Employer is entitled under the Contract (as Performance Certificate.
listed).
d) Return the Performance Security to the
Contractor.
GENERALCONDITIONS
4 The Contractor
a) Make the Employer’s Equipment (if any)
available for the use of the Contractor in the
execution of the Works in accordance with the
4.20 Employer’s details, arrangements and prices stated in the
a) As specified in the Contract.
Equipment and Specification.
b) As specified in the Contract. None.
Free-Issue b) Supply, free of charge, the “free-issue
c) Immediately.
Material materials” (if any) in accordance with the details
stated in the Specification.
c) Rectify the notified shortage, defect or default
in the free-issue materials.
GENERALCONDITIONS
If the Contractor
incurs Cost as a
result of the
Employer taking
Not to use any part of the Works (other than as
over and/or using
10.2 Taking a temporary measure which is either specified in
a part of the
Over of Parts of the Contract or agreed by both Parties) unless None.
Works, the
the Works and until the Engineer has issued a Taking-Over
Contractor shall
Certificate for this part.
be entitled to
payment of any
such Cost plus
reasonable profit.
Construction Claims Management ( Contract Module – Part 2 )
GENERALCONDITIONS
11 Defects Liability
Notify the Contractor (or ensure that notice is
11.2 Cost of
given by others) of any work to be remedied if
Remedying Promptly. None.
due to any cause outside the provisions of the
Defects
Contract.
If the Contractor
incurs Cost as a
result of the
Employer taking
In the case of failure by the Contractor to
over and/or using
remedy any defect or damage, notify the
11.4 Failure to a part of the
Contractor (or ensure that notice is given by Within reasonable time.
Remedy Defects Works, the
others) of the date by which the defect or
Contractor shall
damage is to be remedied.
be entitled to
payment of any
such Cost plus
reasonable profit.
Construction Claims Management ( Contract Module – Part 2 )
GENERALCONDITIONS
GENERALCONDITIONS
GENERALCONDITIONS
14.15
Pay the Contractor in the currency or currencies
Currencies None None
named in the Appendix to Tender.
of Payment
Construction Claims Management ( Contract Module – Part 2 )
GENERALCONDITIONS
15 Termination by Employer
a) 14 days prior to the
termination date, or immediately
a) Give notice of intention to terminate the in the case of the Contractor
15.2
Contract. becoming bankrupt or gives or
Termination None
b) Give notice of release of the Contractor’s offers bribes or gratuities (or
by Employer
Equipment and Temporary Works. similar as defined in the
clause).
b) On completion of the Works.
GENERALCONDITIONS
GENERALCONDITIONS
GENERALCONDITIONS
18 Insurance
a) Cooperate with the Contractor to approve the
terms of insurances.
b) Effect and maintain the insurances in terms
consistent with the details annexed to the a) None.
Particular Conditions, wherever the Employer is b) None.
a) None.
the insuring Party. c) The Contractor
b) None.
18.1 General c) Submit evidence that the insurance has been may effect the
c) Within the time frames
Requirements effected, provide copies of the policies and insurance and the
stipulated in the Contract Data.
for Insurances submit evidence of payment. Contract Price
d) As appropriate.
d) Inform the insurers of any relevant changes shall be adjusted.
e) None.
to the execution of the Works and ensure that d) None.
insurance is maintained. e) None.
e) Not to make any material alteration to the
terms of any insurance without approval of the
Contractor
Construction Claims Management ( Contract Module – Part 2 )
GENERALCONDITIONS
19 Force Majeure
GENERALCONDITIONS
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