Fidic Contract Conditions

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Conditions of Contract for Construction

MULTILATERAL DEVELOPMENT BANK HARMONISED EDITION GENERAL CONDITIONS June 2010 For Participating Bank use only

Released 30 June 2010

COPYRIGHT FIDIC 2010

FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINIGUNG BERATENDER INGENIEURE FEDERACION INTERNACIONAL DE INGENIEROS CONSULTORES

General Conditions CONTENTS
1
1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15

General Provisions
Definitions Interpretation Communications Law and Language Priority of Documents Contract Agreement Assignment Care and Supply of Documents Delayed Drawings or Instructions Employer's Use of Contractor's Documents Contractor's Use of Employer's Documents Confidential Details Compliance with Laws Joint and Several Liability Inspections and Audit by the Bank

2
2.1 2.2 2.3 2.4 2.5

The Employer
Right of Access to the Site Permits, Licences or Approvals Employer's Personnel Employer's Financial Arrangements Employer's Claims

3
3.1 3.2 3.3 3.4 3.5

The Engineer
Engineer's Duties and Authority Delegation by the Engineer Instructions of the Engineer Replacement of the Engineer Determinations

COPYRIGHT FIDIC JUNE 2010

2

4
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24

The Contractor
Contractor's General Obligations Performance Security Contractor's Representative Subcontractors Assignment of Benefit of Subcontract Co-operation Setting Out Safety Procedures Quality Assurance Site Data Sufficiency of the Accepted Contract Amount Unforeseeable Physical Conditions Rights of Way and Facilities Avoidance of Interference Access Route Transport of Goods Contractor's Equipment Protection of the Environment Electricity, Water and Gas Employer's Equipment and Free-Issue Materials Progress Reports Security of the Site Contractor's Operations on Site Fossils

5
5.1 5.2 5.3 5.4

Nominated Subcontractors
Definition of “nominated Subcontractor” Objection to Nomination Payments to nominated Subcontractors Evidence of Payments

6
6.1

Staff and labour
Engagement of Staff and Labour

COPYRIGHT FIDIC JUNE 2010

3

6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24

Rates of Wages and Conditions of Labour Persons in the Service of Employer Labour Laws Working Hours Facilities for Staff and Labour Health and Safety Contractor's Superintendence Contractor's Personnel Records of Contractor's Personnel and Equipment Disorderly Conduct Foreign Personnel Supply of Foodstuffs Supply of Water Measures against Insect and Pest Nuisance Alcoholic Liquor or Drugs Arms and Ammunition Festival and Religious Customs Funeral Arrangements Forced Labour Child Labour Employment Records of Workers Workers’ Organisations Non-Discrimination and Equal Opportunity

7
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8

Plant, Materials and Workmanship
Manner of Execution Samples Inspection Testing Rejection Remedial Work Ownership of Plant and Materials Royalties

8

Commencement, Delays and Suspension

COPYRIGHT FIDIC JUNE 2010

4

8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12

Commencement of Works Time for Completion Programme Extension of Time for Completion Delays Caused by Authorities Rate of Progress Delay Damages Suspension of Work Consequences of Suspension Payment for Plant and Materials in Event of Suspension Prolonged Suspension Resumption of Work

9
9.1 9.2 9.3 9.4

Tests on Completion
Contractor's Obligations Delayed Tests Retesting Failure to Pass Tests on Completion

10
10.1 10.2 10.3 10.4

Employer’s Taking Over
Taking Over of the Works and Sections Taking Over of Parts of the Works Interference with Tests on Completion Surfaces Requiring Reinstatement

11
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9

Defects Liability
Completion of Outstanding Work...
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