FIDIC IV

SPECIFIC RIGHTS AND

OBLIGATIONS UNDER THE
CONTRACT.
CONDITIONS OF CONTRACT FOR
WORKS OF CIVIL ENGINEERING
CONSTRUCTION
PART I GENERAL CONDITIONS

FOURTH EDITION 1987

Fourth Edition.
Part I-General Conditions
 Recommended for general use for the purpose of
construction of Civil Engineering Works where
tenders are invited on an international basis.
 Can be used on domestic contracts, with minor
modifications.
 The version in English is considered as the
official and authentic text for the purpose of
translation.
 Linked to Part II-Conditions of Particular
Application (Contract Specific).
Introduction
 72 Clauses plus Conditions of Particular
Application.
 Most confer rights or obligations on
Employer, Contractor and Engineer.
Overview
 FIDIC governs the rights and obligations
of the Parties and the Engineer.
 A right conferred on one body usually
places an obligation on another.
Rights Employer
FIDIC
Engineer
Contractor
Obligations
Parts I and II
 Part I – General Conditions.
 Part II – Conditions of Particular
Application.
Employer’s Rights I
 To be notified of the appointment of
Engineer’s Rep. and assistants 2.3
 To give consent to assignment of the
Contract 3.1
 To require the Contractor to complete a
Contract Agreement 9.1
 To require the Contractor to provide a
Performance Security 10.1
 To be named jointly on insurance policies
21.2
 To be consulted by the Engineer on
determinations of cost & EoT (Various)
Employer’s Rights II
 To take out insurances (at the Contractor’s
cost) in the event of the Contractor’s failure
to do so 25.3
 To deduct Liquidated Damages for delay
from payments due to Contractor 47.1
 To employ others to carry out remedial
works if Contractor doesn’t do them 64.1
 To terminate the Contract upon the outbreak
of war 65.6
 To proceed to arbitration if dissatisfied with
an Engineer’s decision 67.1
 Employer’s Obligations
 To appoint the Engineer 1.1
 To define those duties of the Engineer which
require prior approval 2.1
 To make available site investigation data 11.1
 To be responsible for his own workmen on Site 19.2
 To give the Contractor possession of the Site 42.1
 To define time(s) for completion 43.1
 To make payments within 28 days of receipt of
Interim Payment Certificates 60.10
 To attempt to reach amicable settlement prior to
arbitration 67.2
Contractor’s Rights I
 To be notified of the appointment of the
Engineer’s Representative and assistants
2.3
 To be consulted by the Engineer on
determinations of additional costs and/or
extensions of time (Various)
 To seek consent for work at night or on rest
days 46.1
 To give notice of substantial completion 48.1
Contractor’s Rights II
 To be paid the value of the Works
determined by measurement 56.1
 To receive payments within 28 days of
receipt of Interim Payment Certificates 60.1
 To proceed to arbitration if dissatisfied with
an Engineer’s decision 67.1
 To terminate employment under the
Contract in the event of default by the
Employer 69.1
Contractor’s Obligations I
 The obligations of the contractor, under the
said conditions of contract, may be
generalized as follows.
 Completion obligation;
 Quality performance obligation;
 Timely performance obligation;
 Obligation to provide securities, indemnity &
insurance;
 Obligation to supply information & notice;
 Administrative obligation;
 Obligation up on or after completion;
Contractor’s Obligations I
 To seek the Employer’s prior consent to
assignment of the Contract 3.1
 To execute the Works with due diligence,
remedy defects, and provide all things
required 8.1
 To take full responsibility for operations and
methods 8.2
 To execute and complete the Works in
accordance with the Contract and comply
with the Engineer’s instructions 13.1
 To accept instructions only from the
Engineer 13.1
 To submit a programme and (if required)
method statement 14.1
Contractor’s Obligations II
 To submit a revised programme if required
14.2
 To provide full-time superintendence and
representative, and replace the
representative if required by the Engineer
15.1
 To replace any person when required by the
Engineer 16.2
 To take out necessary insurances 21,23,24
 To comply with statutes etc. and indemnify
the Employer against penalties 26.1
 To keep the Site clear 32.1
Contractor’s Obligations III
 To suspend the Works if instructed 40.1
 To expedite progress if required by the
Engineer 46.1
 To give notice and submit detailed
particulars of claims 53
 To submit monthly statements of amounts
due 60.1
 To attempt to reach amicable settlement
prior to arbitration 67.2
Engineer’s Rights I
 To exercise the authority to be implied from
the Contract 2.1
 To delegate powers to the Engineer’s
Representative 2.3
 To issue instructions to the Contractor as
necessary (Various)
 To request a revised programme 14.2
 To withdraw approval of the Contractor’s
representative if necessary 15.1
 To require replacement of any member of
the Contractor’s staff if necessary 16.2
Engineer’s Rights II
 To instruct tests on materials 36.1
 To instruct a suspension of the Works 40.1
 To notify the Contractor to expedite progress
46.1
 To make variations he considers appropriate
51.1
 To correct or modify Interim Payment
Certificates 60.4
 To certify if the Contractor is in default 63.1
Engineer’s Obligations I
 To obtain the Employer’s specific approval
when required 2.1
 To appoint the Engineer’s Representative
2.2
 To determine additional costs and/or
extensions of time when appropriate
(Various)
 To issue the Taking-Over Certificate or
instruct the contractor to complete
outstanding works 48.1
Engineer’s Obligations II
 To make variations he considers necessary
51.1
 To value variations 52.1
 To value financial claims in the absence of
details from the Contractor 53.4
 To determine the value of the Works by
measurement 56.1
 To prepare Interim Payment Certificates
60.2
 To issue the Defects Liability Certificate 62.1
 To give an Engineer’s Decision within 84
days 67.1