Board of Engineering of Trinidad and Tobago

FIDIC’S CONDITIONS OF CONTRACT FOR CONSTRUCTION
FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER

DRAFT PROPOSALS FOR CONDITIONS OF PARTICULAR APPLICATION
back to current events

Clause

Proposed Revision

Comments

1.1.2

Parties and Persons

1.1.2.4

Replace the term “Engineer” with the term “Architect in this Clause and in every other Clause in the Conditions of Contract where the term “Engineer” is used.

To be applied on projects administered by an Architect.

1.3

Communications

Appendix to Tender to state agreed systems of electronic transmission

1.6

Contract Agreement

Amend “28 days” to “?? days”

Period to be stated within which parties are to enter into a Contract Agreement.

1.8

Care and Supply of Documents

Replace line 1 of 1^st paragraph with “The documents forming the Contract shall be in the custody and care of the Employer.”

In 2^nd paragraph, penultimate line, replace “six copies” with “two copies”.

The documents forming the Contract as specified in Clause 1.5 comprise more than the Specification and Drawings.

1.9

Delayed Drawings or Instructions

Replace the term “notice” with “written notice”.

To be consistent with the definition in 1.2 (d).

1.11

Contractor’s Use of Employer’s Documents

In line 1 insert “or licence and/or” after the word “copyright”.

3 The Engineer

3.1

Engineer’s Duties and

Authority

Approvals requirements Engineer must obtain from Employer to be stated.

Clause

Proposed Revision

Comments

3.4

Replacement of the Engineer

Delete entire Clause and replace with:

“If the Employer intends to replace the Engineer, the Employer shall give reasonable notice to the Contractor of the name, address and relevant experience of the intended replacement Engineer. The Employer shall not replace the Engineer with a person against whom the Contractor raises reasonable objection by notice to the Employer within a reasonable time, with supporting particulars.”

61.

Engagement of Staff and Labour

In last line insert “and where the contract stipulates” between “payment” and “housing”.

6.3

Persons in the Service of Employer

Add:

“nor from employees of other contractors on the same site”.

6.7

Health and Safety

1^st Para 4^th line

In sert “where the contact so stipulates” after “….at the Site..”

8.4

Extension of Time for Completion

Exceoption adverse climatic conditions to be defined

11.10

Unfulfilled Obligations

Performance Certificate should state unfulfilled obligations.

A standard form should be developed.

12.1

Works to be Measured

12.2

Method of Measurement

12.3

Evaluation

Where a totally measured contract is to be operated, these Clauses will need to be deleted and replaced by Revised 12.2 below: .

Clause

Proposed Revision

Comments

12.2

Measurement

The Accepted Contract Amount is based on the Bill of Quantities which has been measured in accordance with (state applicable method of mesurement*) and shall not be subject to adjustment except as otherwise stated in the Contract.

* E.g. Standard Method of Measurement of Building Works 5^th Edition Metric by the Royal Institution of Charterd Surveyors and the National Federation of Building Trades Employers of the United Kingdon/Principles of Measurement (International) for Works of Construction by the Royal Institution of Chartered Surveyors of the United Kingdom.

12.3

Evaluation

(a)

The percentages may need to be changed for the particular contract.

13.8

Adjustments for

Changes in Cost

Delete this Sub-Clause

This sub-Clause is to be deleted unless there is some specific reason for it to be applied.

14.3

Application for Interim Payment Certificates

Change “six copies” to “two copies”.

14.5

Plant and Materials

Intended for the Works

Note that equipment and materials requiring consideration of payment on site are to be listed in Appendix to Tender.

In the penultimate paragraph – 80% may need to be increased in appropriate circumstances.

14.6

Issue of Interim Payment Certificates

1^st para. 2^nd line:

Change 28 days to 14 days.

14.7

Payment

Sub paras (b) and (c)

Change “56 days” to “42 days”.

Clause

Proposed Revision

Comments

14.9

Payment of Retention

Mondy

1^st para. 4^th line:

2^nd para. 6^th line:

Change “40%” to “50%”.

14.11

Application for Final

Payment Certificate

1^st para. 2^nd line:

Change “six copies” to “two copies”.

14.15

Currencies of Payment

The currency or currencies of payment are to be named in the Appendix.

17.6

Limitation of Liability

Penultimate para:

Limit of liability to be stated in the Particular Conditions.

18.1

General Requirements

For Insurances

Para: 6

Periods for submitting evidence and copies of insurances to be stated in Appendix to Tender.

Clause

Proposed Revision

Comments

20.1

Contractor’s Claims

Add the following:

“ However, in the event of the Contractor not complying with the submission of particulars within the times outlined above or the Engineer is not satisfied with the particulars submitted, then in the event of

a)   the amount or nature of extra or additional work, or

b)   any cause of delay referred to in these Conditions, or

c)   exceptional adverse climatic conditions, or

d)   any delay, impediment or prevention by the Employer, or

e)   other special circumstances which may occur, other than through a default of or breach of contract by the Contractor for which he is responsible,

being such that in the opinion of the Engineer to fairly entitle the Contractor to an extension of Time for Completion of the Works, or any Section or part thereof, the Engineer shall, after due consultation with the Employer and the Contractor, determine the amount of such extension and shall notify the Contractor accordingly, with a copy to the Employer.

Clause

Proposed Revision

Comments

20.2

Appointment of the

Dispute Adjudication

Board

20.3

Failure to Agree Dispute

Adjudication Board

Delete Sub-Clauses 20.2 and 20.3

Delete the second paragraph of Sub-Clause 20.4 and substitute:

“The Engineer shall act as the DAB in accordance with this Sub-Clause 20.4, acting fairly, impartially and at the cost of the Employer. In the event that the Employer intends to replace the Engineer, the Employer’s notice under Sub-Clause 3.4 shall include detailed proposals for the appointment of a replacement DAB.

20.5

Amicable Settlement

Delete the first line and replace with:

“Where a dispute arises, both ….”

20.6

Arbitration

Delete this Sub-Clause and replace with:

“Unless settled amicably, any dispute in respect of which the DAB’s decision (if any) has not become final and binding shall be finally settled by reference at the option of either party to arbitration in accordance with the Arbitration Act Chapter 4:01 of the Laws of Trinidad and Tobago (1980) or any modification, amendment or re-enactment thereof.