2.

0 THE EMPLOYER

14
2.0 The Employer

Sub-
If the Employer intends to make any material change to these
financial arrangements, or changes in the financial
situation, the Employer shall give a Notice to the Contractor with
supporting particulars.

If the Contractor:
(a) receives an instruction for Variation more than 10%, or accumulated
total of Variations exceeds 30% of the Accepted Contract Amount;
(b) does not receive payment in accordance with Sub-Clause 14.7
[Payment]; or

(c) becomes
arrangements of which the Contractor has not received a Notice
under this Sub-Clause,
the Contractor may request Employer to provide reasonable evidence
about the financial arrangements. 15
3.0 The Engineer

16
3.0 Engineer

FIDIC 99 - Five Sub Clauses in total

In 2017 - Eight Sub Clauses in total

New Sub-Clauses
FIDIC - 2017

3.1 The Engineer The appointment and nature of the Engineer

3.3 - The New position and shall be at Site fulltime.

Representative
3.8 - Meetings Administration of Site meetings

17
3 Engineer
3.5 - Determination (FIDIC 1999)

18
3 Engineer
3.7 - Agreement or Determination (2017)
3.2- Determination (1999)
The Engineer
Agree or Determine 3.7 Agreement or Determination

Any Matter 3.7.1 Consultation to reach

(With Consultation of each Party) agreement
(To reach an agreement)
3.7.2 -
E Agreement
n
d Reach? 3.7.3 Time limit
No
3.7.4 - Effects of the agreement or
The Engineer shall make a fair
determination
determination
3.7.5 Dissatisfaction with
Engineer shall give notice on agreement or
determination with supporting particulars.

Each Party shall give effect to agreement or

determination unless and until revised under
Clause 20 (Claim, Disputes and Arbitration)
19
3.7 Agreement or Determination

3.7 Agreement or Determination (2017)

(a new concept)

When carrying out his/her duties under this Sub-

Clause, the Engineer shall act neutrally between the
Parties and shall not be deemed to act for the
Employer.

20
3.7 Agreement or Determination (Cont.)

3.7.1 Consultation to reach agreement

The Engineer shall consult with both Parties jointly and/or
separately.

The Engineer shall commence consultation promptly to

comply with the time limit for agreement under Sub-Clause
3.7.3 [Time limits].

If agreement is achieved the Engineer shall give a Notice to

both Parties of the .

21
3.7 Agreement or Determination (Cont.)

3.7. 2 Determination
Within the time limit under Sub-Clause 3.7.3 [Time limits],
the Engineer shall give a Notice that it is a of the
, and shall describe the
determination in detail with reasons and detailed supporting
particulars.

FIDIC -

22
3.7 Agreement or Determination (Cont)

3.7. 4 Time limits

(i) the Engineer shall be deemed to have given a determination

rejecting the Claim; or

(ii) the matter deemed to be considered as Dispute and

may be referred to the DAAB under Sub-Clause 21.4
[Obtaining Decision], in this case no need for
a Notice of Dissatisfaction.
23
3.7 Agreement or Determination (Cont.)

3.7.3 Effect of the agreement or determination

Agreement or determination shall be binding on both Parties

unless and until corrected under this Sub-Clause or, in the
case of a determination, it is revised under Clause 21
[Disputes and Arbitration].

If an agreement or determination concerns the payment of

an amount , the Contractor shall include such an amount
in the next Statement and the Engineer shall include such
amount in the Payment Certificate.
24
3.7 Agreement or Determination (Cont.)
3.7.5
If either Party is dissatisfied with a determination of the Engineer:

(a) the dissatisfied Party may give a Notice of Dissatisfaction

(NOD) to the other Party with the reason(s) for dissatisfaction,

(b) NOD shall be given within 28 days after receiving the

Notice of the determination,

Thereafter, either Party may proceed under Sub-Clause 21.4

[ ].

If no NOD is given by either Party within the period of 28 days the

determination of the Engineer shall be deemed to have been
accepted by both Parties shall be final and binding on them.
25
4.0 The Contractor

26
The Contractor
FIDIC 2017
FIDIC 1999

4.2 Performance Security

4.2 Performance Security

4.5 Training
4.6 Co-operation 4.4 Subcontractors
4.7 Setting Out 4.5 Assignment and Benefit of Subcontract
4.8 Health and Safety Obligations 4.6 Co-operation
4.9 Quality Management and Compliance 4.7 Setting Out
Verification Systems 4.8 Health and Safety Obligations
4.10 Use of Site Data 4.9 Quality Assurance
4.11 Sufficiency of the Accepted Contract 4.10 Use of Site Data
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
4.18 Protection of the Environment 4.18 Protection of the Environment
4.19 Temporary Utilities -Issue Material
4.20 Progress Reports 4.20 Progress Reports
4.21 Security of the Site 4.21 Security of the Site
4.23 Archaeological and Geological Findings 4.23 Fossils

27
The Contractor
4.2 Performance Security
4.2.1 Bond shall be valid till Performance Bond
obligations issued and till clearing of the Site (11.11)
4.2.2 Claim under the - Four situations in FIDIC 99
Performance Security - Five situations in FIDIC 2017 - Failure
comply with the remedying defective
works off Site
4.2.3 Return of - One situations in FIDIC 99 [upon release
Performance Security of Performance Certificate)
- Two situations in FIDIC 2017
Upon termination of the Contract;
Sub-Clause 15.5 -
Convenience],
Sub-Clause 16.2 - Termination by Contractor,
Sub-Clause 18.5 - Optional Termination]
Sub-Clause 18.6 - Release from Performance
under the Law].

28
The Contractor
(new)

(a) Documents stated in the Specifications

(b) Documents to compliance with the Laws

(c) As-Built Records

(d) Operation and Maintenance Manuals

(e)
General Obligations

29
The Contractor
4.5 Training (new)

The Contractor shall train the employees and

other personnel identified in the Specification for the
operation and maintenance purpose of the Works.

If the Specification specifies training to be carried out

before taking over, the Works shall not be considered to be
completed for the purposes of taking over until this training
has been completed.

30
The Contractor
4.5 Co-operation

1999
Any such instruction shall constitute a Variation if and to
the extent that it causes the Contractor to incur
Unforeseeable Cost.

2017
If the Contractor suffers delay and/or incurs Cost as a result
of an instruction under this Sub-Clause, to the extent that
co-operation was Unforeseeable, the Contractor shall be
entitled subject to EOT and/or payment of such Cost Plus
Profit under Sub-Clause 20.2 [Claims For Payment and/or
EOT].

31
The Contractor
4.7 Setting Out

New Sub sub-clauses:

4.7.1 Accuracy

4.7.2 Errors

4.7.3 Agreement or Determination of

rectification measurers, delay and/or
Cost

32
The Contractor
1999
4.9 Quality Assurance

2017
4.9 Quality Management and Compliance
Verification Systems

4.9.1 Quality Management System

4.9.2 Compliance Verification System

4.9.3 General provision

33
The Contractor
1999
4.12 Unforeseeable Physical Conditions

2017
4.12 Unforeseeable Physical Conditions
In this Sub-
and physical obstructions (natural or man-made

4.12.1

4.12.2
investigation

4.12.3

4.12.4 Delay and/or Cost

4.12.5 Agreement or Determination of

Delays and/or Cost
34
The Contractor

4.20 Progress Reports

- One electronic copy

- Video recorded progress
- A list of Variations

Matters stated in the progress report shall not

constitute as a Notice under any Sub-Clause of the
Conditions.

35