CONDITIONS OF CONTRACT FOR CONSTRUCTION

APPENDIX TO TENDER
relating to data provided by Employer.

Item Sub-Clause Data

Employer’s name and address 1.1.2.2 & 1.3

Contractor’s name and address 1.1.2.3 & 1.3

Engineer’s name and address 1.1.2.4 & 1.3 Preferably named in tender
documents

Time for completion of the Works 1.1.3.3 Express in Days

Defects Notification Period 1.1.3.7 Express in Days

Profit 1.1.4.13 Express in Percentage

Communication (Electronic transmission systems) 1.3 Telefax and E-mails. E-mails

to be confirmed in writing

Governing law 1.4 Law of Republic of Poland

Ruling language 1.4 English

Language for communications 1.4 English with Translation in

Polish

Time for access to the site 2.1 Express in Days after

Commencement Date

Amount of performance security 4.2 10% of the Contract Price as

stated in Contract
Agreement
Normal working hours 6.5 Natural Standards

Delay damages for the Works 8.7 Recommend express sum

per day (see note) (1)
Maximum amount of delay damages 8.7
Recommend a total sum
(see note) (2)
Percentage adjustment of Provisional Sums 13.5(b)
For Tenderer to complete
Adjustment for changes in cost 13.8 Optional for Employer to
determine
Total advance payment 14.2 10% of the Contract Price as
stated in the Contract
Agreement

Number and timing of instalments of the advance payment 14.2 One

Start repayment of advance payment 14.2(a) To be determined by

Employer

Appendix to Tender - Red 1

 CONDITIONS OF CONTRACT FOR CONSTRUCTION
APPENDIX TO TENDER
relating to data provided by Employer.

Repayment amortisation of advance payment 14.2(b) To be determined by

Employer
Percentage of retention 14.3 Optional, but recommended
as either 10% or 5%
Limit of retention 14.3 Limit at 5% if 10% Retention
used

Minimum amount of interim payment 14.6 Contract Price in Contract

Agreement
Divided by time for
Completion x 1.5

Penalty percentage for delayed payment 14.8 As stated in clause

Currency 14.15 Euro

Periods for submission of insurance – evidence of insurance 18.1(a) By Commencement Date

Periods for submission of insurance – relevant policies 18.1(b) 14 days of the

Commencement Date

Maximum amount of deductibles for insurance of Employer’s 18.2(d) For the Employer to
risk determine
Minimum amount of third party insurance 18.3 Minimum of Euro 1,000,000
but can be greater

Date by which the DAB (Dispute Adjudication Board) shall be 20.2 1 person 28 days after
appointed Commencement Date

3 person 42 days after

Commencement Date

The DAB shall be 20.2 Either one or three person

(see note) (3)

Appointment of DAB (Dispute Adjudication Board), if not 20.3 The President of FIDIC or
agreed other Employer nominee
who is totally independent

Number of arbitrators 20.6 3

Language of Arbitration 20.6 English

Place of Arbitration 20.6 Warsaw

If there are sections – Definition of Sections As required

Appendix to Tender - Red 2

 CONDITIONS OF CONTRACT FOR CONSTRUCTION
APPENDIX TO TENDER
relating to data provided by Employer.

Notes:

1) As Contract Price is unknown at the time of tender, and a percentage may not represent
estimated damages, it is recommended the Employer calculate the anticipated costs
that he would incur per day if the contract were delayed. These may include:
 Finance costs
 Additional supervisory costs
 Lack of revenue from completed works
 Employer’s administrative costs.

2) As with Note 1, as the Contract Price is unknown at the time of tender, a total sum that is
derived from the daily damages should be determined. The number of days applicable to
determine the limit may be in the order of 5 – 10% of the Time for Completion of the
Works.

3) The number of the DAB persons will depend on the size and complexity of the project.
As a guide for contracts valued up to 50 million euro, a single person DAB may be
acceptable, but for above this value generally a 3 person DAB is advisable.

Appendix to Tender - Red 3