Fidic Clause

Clause & SubClause# Description1 General Provisions

1.1 Definitions1.1.1 The Contract

1.1.1.1 Contract1.1.1.2 Contract Agreement1.1.1.3 Letter of Acceptance1.1.1.4 Letter of Tender1.1.1.5 Specifications1.1.1.6 Drawings1.1.1.7 Schedules1.1.1.8 Tender1.1.1.9 Bill of Quantities

1.1.1.10 Contract Data1.1.2 Parties and Persons

1.1.2.1 Party1.1.2.2 Employer1.1.2.3 Contractor1.1.2.4 Engineer1.1.2.5 Contractor's Representative1.1.2.6 Employer's Personnel1.1.2.7 Contractor's Personnel1.1.2.8 Subcontractor1.1.2.9 BD

1.1.2.10 FIDIC1.1.2.11 Bank1.1.2.12 Borrower

1.1.3 Dates, Test, Periods and Completion

1.1.3.1 Base Date

1.1.3.2 Commencement Date1.1.3.3 Time for Completion1.1.3.4 Test on Completion1.1.3.5 Taking Over Certificate1.1.3.6 Test after Completion

1.1.3.7 Defects Notification

1.1.3.8 Performance Certificate1.1.3.9 Day1.1.4 Money and payment

1.1.4.1 Accepted Contract Amount1.1.4.2 Contract Price1.1.4.3 Cost1.1.4.4 Final payment Certificate

1.1.4.5 Final Statement1.1.4.6 Foreign1.1.4.7 Interim payment Certificate1.1.4.8 Local Currency1.1.4.9 Payment Certificate

1.1.4.10 Provisional Sum1.1.4.11 Retension Money1.1.4.12 Statement

1.1.5 Works and Goods1.1.5.1 Contractor's Equipment1.1.5.2 Goods1.1.5.3 Materials1.1.5.4 Permanent Works1.1.5.5 Plant1.1.5.6 Section1.1.5.7 Temporary Works1.1.5.8 Works and Goods1.1.6 Other Definitions

1.1.6.1 Contractor's Document1.1.6.2 Country1.1.6.3 Employer's Equipment1.1.6.4 Force Majeure1.1.6.5 Laws1.1.6.6 Performance Security1.1.6.7 Site1.1.6.8 Unforeseeable1.1.6.9 Variation

1.1.6.10 Notice of Dissatisfaction1.2 Interpretation

1.2a Interpretation1.2b Interpretation1.2c Interpretation1.2d Interpretation1.2e Interpretation1.3 Communications

1.3a Communications1.3b Communications1.3bi Communications1.3bii Communications1.4 Law and Language1.5 Priority of Documents

1.5a Priority of Documents1.5b Priority of Documents1.5c Priority of Documents1.5d Priority of Documents1.5e Priority of Documents1.5f Priority of Documents1.5g Priority of Documents1.5h Priority of Documents1.5hi Priority of Documents

1.6 Contract Agreement

1.7 Assignment1.7a Assignment1.7b Assignment1.8 Care and Supply of Documents1.9 Delayed Drawings or Instructions

1.9a Delayed Drawings or Instructions1.9b Delayed Drawings or Instructions1.10' Employer's Use of Contractor's Documents

1.10'a Employer's Use of Contractor's Documents1.10'b Employer's Use of Contractor's Documents1.10'c Employer's Use of Contractor's Documents1.11 Contractor's Use of Employer's Documents1.12 Confidential Details1.13 Compliance with Laws

1.13a Compliance with Laws1.13b Compliance with Laws1.14 Joint and Several Liability

1.14a Joint and Several Liability1.14b Joint and Several Liability1.14c Joint and Several Liability1.15 Inspections and Audit by the Bank

2 The Employer2.1 Right of Access to the Site

2.1a Right of Access to the Site2.1b Right of Access to the Site2.2 Permits, Licences or Approvals

2.2a Permits, Licences or Approvals2.2b Permits, Licences or Approvals2.2bi Permits, Licences or Approvals2.2bii Permits, Licences or Approvals2.2biii Permits, Licences or Approvals

2.3 Employer's Personnel2.3a Employer's Personnel2.3b Employer's Personnel

2.4 Employer's Financial Arrangements

2.5 Employer's Claims

3 The Engineer3.1 Engineer's Duties and Authority

3.1a Engineer's Duties and Authority3.1b Engineer's Duties and Authority3.1c Engineer's Duties and Authority

3.1d Engineer's Duties and Authority

3.1A Engineer's Duties and Authority3.1B Engineer's Duties and Authority3.1Bi Engineer's Duties and Authority3.1Bii Engineer's Duties and Authority3.1C Engineer's Duties and Authority3.1D Engineer's Duties and Authority3.2 Delegation by the Engineer

3.2a Delegation by the Engineer3.2b Delegation by the Engineer

3.3 Instructions of the Engineer

3.3a Instructions of the Engineer3.3b Instructions of the Engineer3.3c Instructions of the Engineer

3.4 Replacement of the Engineer

3.5 Determinations

4 The Contractor4.1 Contractor's General Obligations

4.1a Contractor's General Obligations4.1b Contractor's General Obligations4.1c Contractor's General Obligations

4.1d Contractor's General Obligations

4.2 Performance Security

4.3 Contractor's Representative4.4 Subcontractors

4.4a Subcontractors4.4b Subcontractors

4.4c Subcontractors

4.4d Subcontractors4.5 Assignment of Benefit of Subcontract4.6 Co-operation

4.6a Co-operation4.6b Co-operation4.6c Co-operation4.7 Setting Out

4.7a Setting Out4.7b Setting Out4.8 Safety Procedures

4.8a Safety Procedures4.8b Safety Procedures4.8c Safety Procedures4.8d Safety Procedures4.8e Safety Procedures4.9 Quality Assurance

4.10' Site Data4.10'a Site Data4.10'b Site Data4.10'c Site Data4.10'd Site Data4.10'e Site Data4.11 Sufficiency of the Accepted Contract Amount

4.11a Sufficiency of the Accepted Contract Amount4.11b Sufficiency of the Accepted Contract Amount4.12 Unforeseeable Physical Conditions

4.12a Unforeseeable Physical Conditions4.12b Unforeseeable Physical Conditions

4.13 Rights of Way and Facilities4.14 Avoidance of Interference

4.14a Avoidance of Interference4.14b Avoidance of Interference4.15 Access Route

4.15a Access Route4.15b Access Route4.15c Access Route4.15d Access Route4.15e Access Route

4.16 Transport of Goods

4.16a Transport of Goods4.16b Transport of Goods4.16c Transport of Goods4.17 Contractor's Equipment4.18 Protection of the Environment4.19 Electricity, Water and Gas4.20' Employer's Equipment and Free-Issue Materials

4.20'a Employer's Equipment and Free-Issue Materials4.20'b Employer's Equipment and Free-Issue Materials4.21 Progress Reports

4.21a Progress Reports4.21b Progress Reports4.21c Progress Reports4.21ci Progress Reports4.21cii Progress Reports4.21ciii Progress Reports4.21ciiii Progress Reports4.21d Progress Reports4.21e Progress Reports4.21f Progress Reports4.21g Progress Reports4.21h Progress Reports4.22 Security of the Site

4.22a Security of the Site4.22b Security of the Site4.23 Contractor's Operations on Site4.24 Fossils

4.24a Fossils4.24b Fossils

5 Nominated Subcontractors5.1 Definition of “nominated Subcontractor”

5.1a Definition of “nominated Subcontractor”5.1b Definition of “nominated Subcontractor”5.2 Objection to Nomination

5.2a Objection to Nomination5.2b Objection to Nomination5.2c Objection to Nomination5.2ci Objection to Nomination5.2cii Objection to Nomination5.2ciii Objection to Nomination

5.3 Payments to nominated Subcontractors5.4 Evidence of Payments

5.4a Evidence of Payments5.4b Evidence of Payments5.4bi Evidence of Payments5.4bii Evidence of Payments

6 Staff and labour6.1 Engagement of Staff and Labour6.2 Rates of Wages and Conditions of Labour6.3 Persons in the Service of Employer6.4 Labour Laws6.5 Working Hours

6.5a Working Hours6.5b Working Hours6.5c Working Hours6.6 Facilities for Staff and Labour6.7 Health and Safety6.8 Contractor's Superintendence6.9 Contractor's Personnel

6.9a Contractor's Personnel6.9b Contractor's Personnel6.9c Contractor's Personnel6.9d Contractor's Personnel6.10' Records of Contractor's Personnel and Equipment6.11 Disorderly Conduct6.12 Foreign Personnel6.13 Supply of Foodstuffs6.14 Supply of Water6.15 Measures against Insect and Pest Nuisance6.16 Alcoholic Liquor or Drugs6.17 Arms and Ammunition6.18 Festival and Religious Customs6.19 Funeral Arrangements6.20' Forced Labour6.21 Child Labour6.22 Employment Records of Workers6.23 Workers’ Organisations6.24 Non-Discrimination and Equal Opportunity

7 Plant, Materials and Workmanship7.1 Manner of Execution

7.1a Manner of Execution7.1b Manner of Execution7.1c Manner of Execution7.2 Samples

7.2a Samples7.2b Samples7.3 Inspection

7.3a Inspection7.3b Inspection7.4 Testing

7.4a Testing7.4b Testing7.5 Rejection7.6 Remedial Work

7.6a Remedial Work7.6b Remedial Work7.6c Remedial Work7.7 Ownership of Plant and Materials

7.7a Ownership of Plant and Materials

7.7b Ownership of Plant and Materials7.8 Royalties

7.8a Royalties7.8b Royalties

8 Commencement, Delays and Suspension

8.1 Commencement of Works

8.1a Commencement of Works8.1b Commencement of Works8.1c Commencement of Works8.1d Commencement of Works8.2 Time for Completion

8.2a Time for Completion8.2b Time for Completion

8.3 Programme

8.3a Programme8.3b Programme8.3c Programme8.3d Programme8.3di Programme8.3dii Programme8.4 Extension of Time for Completion

8.4a Extension of Time for Completion8.4b Extension of Time for Completion8.4c Extension of Time for Completion8.4d Extension of Time for Completion8.4e Extension of Time for Completion8.5 Delays Caused by Authorities

8.5a Delays Caused by Authorities8.5b Delays Caused by Authorities8.5c Delays Caused by Authorities8.6 Rate of Progress

8.6a Rate of Progress

8.6b Rate of Progress8.7 Delay Damages8.8 Suspension of Work8.9 Consequences of Suspension

8.9a Consequences of Suspension8.9b Consequences of Suspension

8.10' Payment for Plant and Materials in Event of Suspension

8.10'a Payment for Plant and Materials in Event of Suspension8.10'b Payment for Plant and Materials in Event of Suspension

8.11 Prolonged Suspension

8.12 Resumption of Work9 Tests on Completion

9.1 Contractor's Obligations

9.2 Delayed Tests9.3 Retesting9.4 Failure to Pass Tests on Completion

9.4a Failure to Pass Tests on Completion9.4b Failure to Pass Tests on Completion9.4c Failure to Pass Tests on Completion10 Employer’s Taking Over

10.1 Taking Over of the Works and Sections

10.1a Taking Over of the Works and Sections10.1b Taking Over of the Works and Sections10.2 Taking Over of Parts of the Works

10.2a Taking Over of Parts of the Works10.2b Taking Over of Parts of the Works10.2c Taking Over of Parts of the Works10.3 Interference with Tests on Completion

10.3a Interference with Tests on Completion10.3b Interference with Tests on Completion10.4 Surfaces Requiring Reinstatement11 Defects Liability

11.1 Completion of Outstanding Work and Remedying Defects11.1a Completion of Outstanding Work and Remedying Defects11.1b Completion of Outstanding Work and Remedying Defects11.2 Cost of Remedying Defects

11.2a Cost of Remedying Defects11.2b Cost of Remedying Defects11.2c Cost of Remedying Defects11.3 Extension of Defects Notification Period11.4 Failure to Remedy Defects

11.4a Failure to Remedy Defects11.4b Failure to Remedy Defects11.4c Failure to Remedy Defects11.5 Removal of Defective Work11.6 Further Tests11.7 Right of Access11.8 Contractor to Search

11.9 Performance Certificate

11.10' Unfulfilled Obligations11.11 Clearance of Site

12 Measurement and Evaluation12.1 Works to be Measured

12.1a Works to be Measured12.1b Works to be Measured12.2 Method of Measurement

12.2a Method of Measurement12.2b Method of Measurement12.3 Evaluation

12.3ai Evaluation12.3aii Evaluation12.3aiii Evaluation12.3aiv Evaluation12.3bi Evaluation12.3bii Evaluation12.3biii Evaluation

12.4 Omissions12.4a Omissions12.4b Omissions12.4c Omissions

13 Variations and Adjustments13.1 Right to Vary

13.1a Right to Vary13.1b Right to Vary13.1c Right to Vary13.1d Right to Vary13.1e Right to Vary13.1f Right to Vary13.2 Value Engineering

13.2a Value Engineering13.2b Value Engineering13.2c Value Engineering13.2ci Value Engineering13.2cii Value Engineering

13.3 Variation Procedure13.3a Variation Procedure13.3b Variation Procedure13.3c Variation Procedure13.4 Payment in Applicable Currencies13.5 Provisional Sums

13.5a Provisional Sums13.5b Provisional Sums13.5bi Provisional Sums13.5bii Provisional Sums13.6 Daywork

13.6a Daywork13.6b Daywork13.6c Daywork13.7 Adjustments for Changes in Legislation

13.7a Adjustments for Changes in Legislation13.7b Adjustments for Changes in Legislation

13.8 Adjustments for Changes in Cost

14 Contract Price and Payment

14.1 The Contract Price

14.1a The Contract Price14.1b The Contract Price14.1c The Contract Price14.1ci The Contract Price14.1cii The Contract Price14.1d The Contract Price

14.2 Advance Payment

14.2a Advance Payment14.2b Advance Payment

14.3 Application for Interim Payment Certificates14.3a Application for Interim Payment Certificates14.3b Application for Interim Payment Certificates14.3c Application for Interim Payment Certificates14.3d Application for Interim Payment Certificates14.3e Application for Interim Payment Certificates14.3f Application for Interim Payment Certificates14.3g Application for Interim Payment Certificates

14.4 Schedule of Payments

14.4a Schedule of Payments14.4b Schedule of Payments14.4c Schedule of Payments14.5 Plant and Materials intended for the Works

14.5a Plant and Materials intended for the Works14.5ai Plant and Materials intended for the Works14.5aii Plant and Materials intended for the Works14.5b Plant and Materials intended for the Works14.5bi Plant and Materials intended for the Works14.5bii Plant and Materials intended for the Works14.5biii Plant and Materials intended for the Works14.5c Plant and Materials intended for the Works14.5ci Plant and Materials intended for the Works14.5cii Plant and Materials intended for the Works

14.6 Issue of Interim Payment Certificates

14.6a Issue of Interim Payment Certificates14.6b Issue of Interim Payment Certificates

14.7 Payment

14.7a Payment14.7b Payment14.7c Payment14.8 Delayed Payment14.9 Payment of Retention Money

14.10' Statement at Completion

14.10'a Statement at Completion14.10'b Statement at Completion14.10'c Statement at Completion

14.11 Application for Final Payment Certificate

14.11a Application for Final Payment Certificate14.11b Application for Final Payment Certificate14.12 Discharge14.13 Issue of Final Payment Certificate

14.13a Issue of Final Payment Certificate14.13b Issue of Final Payment Certificate14.14 Cessation of Employer's Liability

14.14a Cessation of Employer's Liability14.14b Cessation of Employer's Liability14.15 Currencies of Payment

14.15a Currencies of Payment14.15ai Currencies of Payment14.15aii Currencies of Payment14.15aiii Currencies of Payment14.15b Currencies of Payment14.15c Currencies of Payment14.15d Currencies of Payment14.15e Currencies of Payment

15 Termination by Employer

15.1 Notice to Correct15.2 Termination by Employer

15.2a Termination by Employer15.2b Termination by Employer15.2c Termination by Employer15.2ci Termination by Employer15.2cii Termination by Employer15.2d Termination by Employer15.2e Termination by Employer15.2f Termination by Employer15.2fi Termination by Employer15.2fii Termination by Employer15.3 Valuation at Date of Termination15.4 Payment after Termination

15.4a Payment after Termination15.4b Payment after Termination15.4c Payment after Termination15.5 Employer's Entitlement to Termination for Convenience15.6 Corrupt and Fraudulent Practices

15.6a Corrupt and Fraudulent Practices15.6b Corrupt and Fraudulent Practices

16 Suspension and Termination by Contractor16.1 Contractor's Entitlement to Suspend Work

16.1a Contractor's Entitlement to Suspend Work16.1b Contractor's Entitlement to Suspend Work16.2 Termination by Contractor

16.2a Termination by Contractor

16.2b Termination by Contractor16.2c Termination by Contractor16.2d Termination by Contractor16.2e Termination by Contractor16.2f Termination by Contractor16.2g Termination by Contractor16.2h Termination by Contractor16.3 Cessation of Work and Removal of Contractor's Equipment

16.3a Cessation of Work and Removal of Contractor's Equipment16.3b Cessation of Work and Removal of Contractor's Equipment16.3c Cessation of Work and Removal of Contractor's Equipment16.4 Payment on Termination

16.4a Payment on Termination16.4b Payment on Termination16.4c Payment on Termination

17 Risk and Responsibility17.1 Indemnities

17.1a Indemnities17.1b Indemnities17.2 Contractor's Care of the Works17.3 Employer's Risks

17.3a Employer's Risks17.3b Employer's Risks17.3c Employer's Risks17.3d Employer's Risks17.3e Employer's Risks17.3f Employer's Risks17.3g Employer's Risks17.3h Employer's Risks

17.4 Consequences of Employer's Risks17.4a Consequences of Employer's Risks17.4b Consequences of Employer's Risks17.5 Intellectual and Industrial Property Rights

17.5a Intellectual and Industrial Property Rights17.5b Intellectual and Industrial Property Rights17.5bi Intellectual and Industrial Property Rights17.5bii Intellectual and Industrial Property Rights17.6 Limitation of Liability17.7 Use of Employer’s Facilities/Accommodation18 Insurance

18.1 General Requirements for Insurances18.1a General Requirements for Insurances18.1b General Requirements for Insurances18.2 Insurance for Works and Contractor's Equipment

18.2a Insurance for Works and Contractor's Equipment18.2b Insurance for Works and Contractor's Equipment18.2c Insurance for Works and Contractor's Equipment18.2d Insurance for Works and Contractor's Equipment18.2e Insurance for Works and Contractor's Equipment18.2ei Insurance for Works and Contractor's Equipment18.2eii Insurance for Works and Contractor's Equipment18.2eiii Insurance for Works and Contractor's Equipment18.2eiv Insurance for Works and Contractor's Equipment

18.3 Insurance against Injury to Persons and Damage to Property18.3a Insurance against Injury to Persons and Damage to Property18.3b Insurance against Injury to Persons and Damage to Property18.3c Insurance against Injury to Persons and Damage to Property18.3d Insurance against Injury to Persons and Damage to Property18.3di Insurance against Injury to Persons and Damage to Property18.3dii Insurance against Injury to Persons and Damage to Property18.3diii Insurance against Injury to Persons and Damage to Property

18.4 Insurance for Contractor's Personnel19 Force Majeure

19.1 Definition of Force Majeure19.1a Definition of Force Majeure19.1b Definition of Force Majeure19.1c Definition of Force Majeure19.1d Definition of Force Majeure19.1di Definition of Force Majeure19.1dii Definition of Force Majeure19.1diii Definition of Force Majeure19.1div Definition of Force Majeure19.1dv Definition of Force Majeure19.2 Notice of Force Majeure19.3 Duty to Minimise Delay19.4 Consequences of Force Majeure

19.4a Consequences of Force Majeure19.4b Consequences of Force Majeure19.5 Force Majeure Affecting Subcontractor

19.6 Optional Termination, Payment and Release

19.6a Optional Termination, Payment and Release19.6b Optional Termination, Payment and Release19.6c Optional Termination, Payment and Release19.6d Optional Termination, Payment and Release19.6e Optional Termination, Payment and Release

19.7 Release from Performance19.7a Release from Performance19.7b Release from Performance

20 Claims, Disputes and Arbitration

20.1 Contractor's Claims

20.1a Contractor's Claims20.1b Contractor's Claims20.1c Contractor's Claims20.2 Appointment of the Dispute Board20.3 Failure to Agree of the Composition of the Dispute Board

20.3a Failure to Agree of the Composition of the Dispute Board20.3b Failure to Agree of the Composition of the Dispute Board20.3c Failure to Agree of the Composition of the Dispute Board20.3d Failure to Agree of the Composition of the Dispute Board20.4 Obtaining Dispute Board's Decision20.5 Amicable Settlement20.6 Arbitration

20.6a Arbitration20.6ai Arbitration20.6aii Arbitration20.6b Arbitration20.7 Failure to Comply with Dispute Board's Decision20.8 Expiry of Dispute Board's Appointment

20.8a Expiry of Dispute Board's Appointment20.8b Expiry of Dispute Board's AppointmentAPP Appendix

Reference

1-General Provisions1.1-Definitions1.1.1-The Contract1.1.1.1-Contract1.1.1.2-Contract Agreement 1.61.1.1.3-Letter of Acceptance1.1.1.4-Letter of Tender1.1.1.5-Specifications1.1.1.6-Drawings1.1.1.7-Schedules1.1.1.8-Tender1.1.1.9-Bill of Quantities1.1.1.10-Contract Data1.1.2-Parties and Persons1.1.2.1-Party1.1.2.2-Employer1.1.2.3-Contractor1.1.2.4-Engineer 3.41.1.2.5-Contractor's Representative 4.31.1.2.6-Employer's Personnel 3.21.1.2.7-Contractor's Personnel1.1.2.8-Subcontractor1.1.2.9-BD 20.2 20.31.1.2.10-FIDIC1.1.2.11-Bank1.1.2.12-Borrower1.1.3-Dates, Test, Periods and Completion

1.1.3.1-Base Date

1.1.3.2-Commencement Date 8.11.1.3.3-Time for Completion 8.2 8.41.1.3.4-Test on Completion 91.1.3.5-Taking Over Certificate 101.1.3.6-Test after Completion

1.1.3.7-Defects Notification 10.1 11.1 11.3

1.1.3.8-Performance Certificate 11.91.1.3.9-Day1.1.4-Money and payment1.1.4.1-Accepted Contract Amount1.1.4.2-Contract Price 14.11.1.4.3-Cost1.1.4.4-Final payment Certificate 14.13

1.1.4.5-Final Statement 14.111.1.4.6-Foreign1.1.4.7-Interim payment Certificate 141.1.4.8-Local Currency1.1.4.9-Payment Certificate 141.1.4.10-Provisional Sum 13.51.1.4.11-Retension Money 14.3 14.91.1.4.12-Statement 141.1.5-Works and Goods1.1.5.1-Contractor's Equipment1.1.5.2-Goods1.1.5.3-Materials1.1.5.4-Permanent Works1.1.5.5-Plant1.1.5.6-Section1.1.5.7-Temporary Works1.1.5.8-Works and Goods1.1.6-Other Definitions1.1.6.1-Contractor's Document1.1.6.2-Country1.1.6.3-Employer's Equipment1.1.6.4-Force Majeure 191.1.6.5-Laws1.1.6.6-Performance Security 4.21.1.6.7-Site1.1.6.8-Unforeseeable1.1.6.9-Variation 131.1.6.10-Notice of Dissatisfaction 20.41.2-Interpretation1.2a-Interpretation1.2b-Interpretation1.2c-Interpretation1.2d-Interpretation1.2e-Interpretation1.3-Communications1.3a-Communications1.3b-Communications1.3bi-Communications1.3bii-Communications1.4-Law and Language1.5-Priority of Documents1.5a-Priority of Documents1.5b-Priority of Documents1.5c-Priority of Documents1.5d-Priority of Documents1.5e-Priority of Documents1.5f-Priority of Documents1.5g-Priority of Documents1.5h-Priority of Documents1.5hi-Priority of Documents

1.6-Contract Agreement

1.7-Assignment1.7a-Assignment1.7b-Assignment1.8-Care and Supply of Documents1.9-Delayed Drawings or Instructions 20.1

1.9a-Delayed Drawings or Instructions 8.41.9b-Delayed Drawings or Instructions 3.51.10'-Employer's Use of Contractor's Documents1.10'a-Employer's Use of Contractor's Documents1.10'b-Employer's Use of Contractor's Documents1.10'c-Employer's Use of Contractor's Documents1.11-Contractor's Use of Employer's Documents1.12-Confidential Details1.13-Compliance with Laws1.13a-Compliance with Laws1.13b-Compliance with Laws1.14-Joint and Several Liability1.14a-Joint and Several Liability1.14b-Joint and Several Liability1.14c-Joint and Several Liability1.15-Inspections and Audit by the Bank2-The Employer2.1-Right of Access to the Site 8.3 20.12.1a-Right of Access to the Site 8.42.1b-Right of Access to the Site 3.52.2-Permits, Licences or Approvals2.2a-Permits, Licences or Approvals2.2b-Permits, Licences or Approvals2.2bi-Permits, Licences or Approvals 1.132.2bii-Permits, Licences or Approvals2.2biii-Permits, Licences or Approvals2.3-Employer's Personnel2.3a-Employer's Personnel 4.62.3b-Employer's Personnel 4.8 4.18

2.4-Employer's Financial Arrangements 14

2.5-Employer's Claims 3.5 4.19 11.3 4.20'

3-The Engineer3.1-Engineer's Duties and Authority3.1a-Engineer's Duties and Authority3.1b-Engineer's Duties and Authority3.1c-Engineer's Duties and Authority

3.1d-Engineer's Duties and Authority

3.1A-Engineer's Duties and Authority 4.123.1B-Engineer's Duties and Authority 13.13.1Bi-Engineer's Duties and Authority3.1Bii-Engineer's Duties and Authority3.1C-Engineer's Duties and Authority 13.3 13.1 13.23.1D-Engineer's Duties and Authority 13 13.43.2-Delegation by the Engineer 1.4 3.53.2a-Delegation by the Engineer3.2b-Delegation by the Engineer

3.3-Instructions of the Engineer 13

3.3a-Instructions of the Engineer3.3b-Instructions of the Engineer3.3c-Instructions of the Engineer

3.4-Replacement of the Engineer

3.5-Determinations 3.5 20

4-The Contractor4.1-Contractor's General Obligations4.1a-Contractor's General Obligations4.1b-Contractor's General Obligations 1.44.1c-Contractor's General Obligations

4.1d-Contractor's General Obligations 10.1

4.2-Performance Security

4.3-Contractor's Representative 1.4 3.3 6.94.4-Subcontractors4.4a-Subcontractors4.4b-Subcontractors

4.4c-Subcontractors

4.4d-Subcontractors 1.12 4.5 15.24.5-Assignment of Benefit of Subcontract4.6-Co-operation4.6a-Co-operation4.6b-Co-operation4.6c-Co-operation4.7-Setting Out 20.14.7a-Setting Out 8.44.7b-Setting Out 3.54.8-Safety Procedures4.8a-Safety Procedures4.8b-Safety Procedures4.8c-Safety Procedures4.8d-Safety Procedures 104.8e-Safety Procedures4.9-Quality Assurance4.10'-Site Data4.10'a-Site Data4.10'b-Site Data4.10'c-Site Data4.10'd-Site Data4.10'e-Site Data4.11-Sufficiency of the Accepted Contract Amount4.11a-Sufficiency of the Accepted Contract Amount4.11b-Sufficiency of the Accepted Contract Amount 4.10'4.12-Unforeseeable Physical Conditions 13 20.14.12a-Unforeseeable Physical Conditions 8.44.12b-Unforeseeable Physical Conditions 3.5

4.13-Rights of Way and Facilities4.14-Avoidance of Interference4.14a-Avoidance of Interference4.14b-Avoidance of Interference4.15-Access Route4.15a-Access Route4.15b-Access Route4.15c-Access Route4.15d-Access Route4.15e-Access Route

4.16-Transport of Goods

4.16a-Transport of Goods4.16b-Transport of Goods4.16c-Transport of Goods4.17-Contractor's Equipment4.18-Protection of the Environment4.19-Electricity, Water and Gas 2.5 3.54.20'-Employer's Equipment and Free-Issue Materials4.20'a-Employer's Equipment and Free-Issue Materials4.20'b-Employer's Equipment and Free-Issue Materials 2.5 3.54.21-Progress Reports4.21a-Progress Reports 54.21b-Progress Reports4.21c-Progress Reports4.21ci-Progress Reports4.21cii-Progress Reports4.21ciii-Progress Reports4.21ciiii-Progress Reports4.21d-Progress Reports 6.14.21e-Progress Reports4.21f-Progress Reports 2.5 20.14.21g-Progress Reports4.21h-Progress Reports4.22-Security of the Site4.22a-Security of the Site4.22b-Security of the Site4.23-Contractor's Operations on Site4.24-Fossils 20.14.24a-Fossils 8.44.24b-Fossils 3.55-Nominated Subcontractors5.1-Definition of “nominated Subcontractor”5.1a-Definition of “nominated Subcontractor”5.1b-Definition of “nominated Subcontractor” 5.2 135.2-Objection to Nomination5.2a-Objection to Nomination5.2b-Objection to Nomination5.2c-Objection to Nomination5.2ci-Objection to Nomination5.2cii-Objection to Nomination5.2ciii-Objection to Nomination 5.35.3-Payments to nominated Subcontractors 5.4 13.55.4-Evidence of Payments

5.4a-Evidence of Payments5.4b-Evidence of Payments5.4bi-Evidence of Payments5.4bii-Evidence of Payments6-Staff and labour6.1-Engagement of Staff and Labour6.2-Rates of Wages and Conditions of Labour6.3-Persons in the Service of Employer6.4-Labour Laws6.5-Working Hours6.5a-Working Hours6.5b-Working Hours6.5c-Working Hours6.6-Facilities for Staff and Labour6.7-Health and Safety 8.36.8-Contractor's Superintendence 1.46.9-Contractor's Personnel6.9a-Contractor's Personnel6.9b-Contractor's Personnel6.9c-Contractor's Personnel6.9d-Contractor's Personnel6.10'-Records of Contractor's Personnel and Equipment6.11-Disorderly Conduct6.12-Foreign Personnel6.13-Supply of Foodstuffs6.14-Supply of Water6.15-Measures against Insect and Pest Nuisance6.16-Alcoholic Liquor or Drugs6.17-Arms and Ammunition6.18-Festival and Religious Customs6.19-Funeral Arrangements6.20'-Forced Labour6.21-Child Labour6.22-Employment Records of Workers 6.10'6.23-Workers’ Organisations6.24-Non-Discrimination and Equal Opportunity7-Plant, Materials and Workmanship7.1-Manner of Execution7.1a-Manner of Execution7.1b-Manner of Execution7.1c-Manner of Execution7.2-Samples7.2a-Samples7.2b-Samples7.3-Inspection7.3a-Inspection7.3b-Inspection7.4-Testing 13 20.17.4a-Testing 8.47.4b-Testing 3.57.5-Rejection 2.57.6-Remedial Work7.6a-Remedial Work7.6b-Remedial Work7.6c-Remedial Work 2.57.7-Ownership of Plant and Materials7.7a-Ownership of Plant and Materials

7.7b-Ownership of Plant and Materials 8.10'7.8-Royalties7.8a-Royalties7.8b-Royalties8-Commencement, Delays and Suspension

8.1-Commencement of Works

8.1a-Commencement of Works8.1b-Commencement of Works 2.48.1c-Commencement of Works 1.138.1d-Commencement of Works 14.2 16.28.2-Time for Completion8.2a-Time for Completion8.2b-Time for Completion 10.1

8.3-Programme 8.1

8.3a-Programme8.3b-Programme 58.3c-Programme8.3d-Programme8.3di-Programme8.3dii-Programme 13.38.4-Extension of Time for Completion 10.1 20.18.4a-Extension of Time for Completion 13.38.4b-Extension of Time for Completion8.4c-Extension of Time for Completion8.4d-Extension of Time for Completion8.4e-Extension of Time for Completion 20.18.5-Delays Caused by Authorities8.5a-Delays Caused by Authorities8.5b-Delays Caused by Authorities8.5c-Delays Caused by Authorities 8.48.6-Rate of Progress8.6a-Rate of Progress

8.6b-Rate of Progress 2.5 8.3 8.48.7-Delay Damages 2.5 8.2 15.28.8-Suspension of Work 8.11 8.9 8.10'8.9-Consequences of Suspension 20.18.9a-Consequences of Suspension 8.48.9b-Consequences of Suspension 3.5 8.8

8.10'-Payment for Plant and Materials in Event of Suspension

8.10'a-Payment for Plant and Materials in Event of Suspension8.10'b-Payment for Plant and Materials in Event of Suspension

8.11-Prolonged Suspension 8.8 13 16.2

8.12-Resumption of Work 139-Tests on Completion

9.1-Contractor's Obligations 4.1 7.4

9.2-Delayed Tests 7.4 10.39.3-Retesting 7.59.4-Failure to Pass Tests on Completion 9.39.4a-Failure to Pass Tests on Completion 9.39.4b-Failure to Pass Tests on Completion 11.49.4c-Failure to Pass Tests on Completion 2.5 3.510-Employer’s Taking Over

10.1-Taking Over of the Works and Sections 8.2 9.4

10.1a-Taking Over of the Works and Sections10.1b-Taking Over of the Works and Sections10.2-Taking Over of Parts of the Works10.2a-Taking Over of Parts of the Works10.2b-Taking Over of Parts of the Works10.2c-Taking Over of Parts of the Works 3.5 20.110.3-Interference with Tests on Completion 20.1

10.3a-Interference with Tests on Completion 8.410.3b-Interference with Tests on Completion 3.510.4-Surfaces Requiring Reinstatement11-Defects Liability11.1-Completion of Outstanding Work and Remedying Defects11.1a-Completion of Outstanding Work and Remedying Defects11.1b-Completion of Outstanding Work and Remedying Defects11.2-Cost of Remedying Defects 11.111.2a-Cost of Remedying Defects11.2b-Cost of Remedying Defects11.2c-Cost of Remedying Defects 13.311.3-Extension of Defects Notification Period 2.5 8.8 16.111.4-Failure to Remedy Defects 11.211.4a-Failure to Remedy Defects 2.511.4b-Failure to Remedy Defects 3.511.4c-Failure to Remedy Defects11.5-Removal of Defective Work11.6-Further Tests 11.211.7-Right of Access11.8-Contractor to Search 3.5 11.2

11.9-Performance Certificate

11.10'-Unfulfilled Obligations11.11-Clearance of Site12-Measurement and Evaluation12.1-Works to be Measured 14.11 14.3 14.10'12.1a-Works to be Measured12.1b-Works to be Measured12.2-Method of Measurement12.2a-Method of Measurement12.2b-Method of Measurement12.3-Evaluation 3.5 12.1 12.212.3ai-Evaluation12.3aii-Evaluation12.3aiii-Evaluation12.3aiv-Evaluation12.3bi-Evaluation 1312.3bii-Evaluation12.3biii-Evaluation12.4-Omissions12.4a-Omissions12.4b-Omissions12.4c-Omissions 3.513-Variations and Adjustments13.1-Right to Vary13.1a-Right to Vary13.1b-Right to Vary13.1c-Right to Vary13.1d-Right to Vary13.1e-Right to Vary13.1f-Right to Vary13.2-Value Engineering 13.313.2a-Value Engineering13.2b-Value Engineering 4.113.2c-Value Engineering 3.513.2ci-Value Engineering 13.7 13.813.2cii-Value Engineering

13.3-Variation Procedure13.3a-Variation Procedure13.3b-Variation Procedure 8.313.3c-Variation Procedure 12 13.213.4-Payment in Applicable Currencies13.5-Provisional Sums13.5a-Provisional Sums 13.313.5b-Provisional Sums 513.5bi-Provisional Sums13.5bii-Provisional Sums13.6-Daywork13.6a-Daywork13.6b-Daywork13.6c-Daywork 14.313.7-Adjustments for Changes in Legislation 20.113.7a-Adjustments for Changes in Legislation 8.413.7b-Adjustments for Changes in Legislation 3.5 13.8

13.8-Adjustments for Changes in Cost

14-Contract Price and Payment

14.1-The Contract Price

14.1a-The Contract Price 12.314.1b-The Contract Price 13.714.1c-The Contract Price14.1ci-The Contract Price14.1cii-The Contract Price 1214.1d-The Contract Price

14.2-Advance Payment 4.2 14.3 14.6

14.2a-Advance Payment14.2b-Advance Payment 15 15.5 16 19

14.3-Application for Interim Payment Certificates 4.2114.3a-Application for Interim Payment Certificates14.3b-Application for Interim Payment Certificates 13.7 13.814.3c-Application for Interim Payment Certificates14.3d-Application for Interim Payment Certificates 14.214.3e-Application for Interim Payment Certificates 14.514.3f-Application for Interim Payment Certificates14.3g-Application for Interim Payment Certificates

14.4-Schedule of Payments

14.4a-Schedule of Payments 14.314.4b-Schedule of Payments 14.514.4c-Schedule of Payments 3.514.5-Plant and Materials intended for the Works 14.314.5a-Plant and Materials intended for the Works14.5ai-Plant and Materials intended for the Works14.5aii-Plant and Materials intended for the Works14.5b-Plant and Materials intended for the Works14.5bi-Plant and Materials intended for the Works14.5bii-Plant and Materials intended for the Works14.5biii-Plant and Materials intended for the Works 14.214.5c-Plant and Materials intended for the Works14.5ci-Plant and Materials intended for the Works14.5cii-Plant and Materials intended for the Works 14.3

14.6-Issue of Interim Payment Certificates

14.6a-Issue of Interim Payment Certificates14.6b-Issue of Interim Payment Certificates

14.7-Payment

14.7a-Payment 4.2 14.214.7b-Payment14.7c-Payment 16.214.8-Delayed Payment 14.714.9-Payment of Retention Money 4.2 11 13.7 13.8

14.10'-Statement at Completion 14.3

14.10'a-Statement at Completion14.10'b-Statement at Completion14.10'c-Statement at Completion 14.6

14.11-Application for Final Payment Certificate

14.11a-Application for Final Payment Certificate14.11b-Application for Final Payment Certificate 20.4 20.514.12-Discharge14.13-Issue of Final Payment Certificate 14.11 14.1214.13a-Issue of Final Payment Certificate14.13b-Issue of Final Payment Certificate 14.11 14.1214.14-Cessation of Employer's Liability14.14a-Cessation of Employer's Liability14.14b-Cessation of Employer's Liability 14.114.15-Currencies of Payment14.15a-Currencies of Payment14.15ai-Currencies of Payment14.15aii-Currencies of Payment 13.5 13.714.15aiii-Currencies of Payment 14.314.15b-Currencies of Payment14.15c-Currencies of Payment14.15d-Currencies of Payment14.15e-Currencies of Payment15-Termination by Employer

15.1-Notice to Correct15.2-Termination by Employer 15.1 4.215.2a-Termination by Employer15.2b-Termination by Employer15.2c-Termination by Employer15.2ci-Termination by Employer15.2cii-Termination by Employer 7.5 7.615.2d-Termination by Employer15.2e-Termination by Employer15.2f-Termination by Employer15.2fi-Termination by Employer15.2fii-Termination by Employer15.3-Valuation at Date of Termination 15.2 3.515.4-Payment after Termination 15.215.4a-Payment after Termination 2.515.4b-Payment after Termination15.4c-Payment after Termination 15.315.5-Employer's Entitlement to Termination for Convenience 16.2 16.3 16.415.6-Corrupt and Fraudulent Practices 6.9 15 15.2 15.515.6a-Corrupt and Fraudulent Practices15.6b-Corrupt and Fraudulent Practices16-Suspension and Termination by Contractor16.1-Contractor's Entitlement to Suspend Work 2.4 14.6 14.7 14.8, 16.216.1a-Contractor's Entitlement to Suspend Work 8.416.1b-Contractor's Entitlement to Suspend Work 3.516.2-Termination by Contractor

16.2a-Termination by Contractor 2.4 16.1

16.2b-Termination by Contractor16.2c-Termination by Contractor 2.5 14.716.2d-Termination by Contractor16.2e-Termination by Contractor 1.6 1.716.2f-Termination by Contractor 8.1116.2g-Termination by Contractor16.2h-Termination by Contractor 14.7 14.8 16.116.3-Cessation of Work and Removal of Contractor's Equipment 15.5 16.2 19.616.3a-Cessation of Work and Removal of Contractor's Equipment16.3b-Cessation of Work and Removal of Contractor's Equipment16.3c-Cessation of Work and Removal of Contractor's Equipment16.4-Payment on Termination 16.216.4a-Payment on Termination16.4b-Payment on Termination 19.616.4c-Payment on Termination17-Risk and Responsibility17.1-Indemnities17.1a-Indemnities17.1b-Indemnities 18.317.2-Contractor's Care of the Works 10.1 17.317.3-Employer's Risks 17.417.3a-Employer's Risks17.3b-Employer's Risks17.3c-Employer's Risks17.3d-Employer's Risks17.3e-Employer's Risks17.3f-Employer's Risks17.3g-Employer's Risks17.3h-Employer's Risks

17.4-Consequences of Employer's Risks 17.3 20.117.4a-Consequences of Employer's Risks 8.417.4b-Consequences of Employer's Risks17.5-Intellectual and Industrial Property Rights17.5a-Intellectual and Industrial Property Rights17.5b-Intellectual and Industrial Property Rights17.5bi-Intellectual and Industrial Property Rights17.5bii-Intellectual and Industrial Property Rights17.6-Limitation of Liability 4.19 8.7 11.2 15.417.7-Use of Employer’s Facilities/Accommodation18-Insurance18.1-General Requirements for Insurances18.1a-General Requirements for Insurances18.1b-General Requirements for Insurances 2.5 18.2 18.3 20.118.2-Insurance for Works and Contractor's Equipment 11 18.118.2a-Insurance for Works and Contractor's Equipment18.2b-Insurance for Works and Contractor's Equipment18.2c-Insurance for Works and Contractor's Equipment 17.318.2d-Insurance for Works and Contractor's Equipment 17.318.2e-Insurance for Works and Contractor's Equipment18.2ei-Insurance for Works and Contractor's Equipment18.2eii-Insurance for Works and Contractor's Equipment18.2eiii-Insurance for Works and Contractor's Equipment18.2eiv-Insurance for Works and Contractor's Equipment 2.5 14.5 18.118.3-Insurance against Injury to Persons and Damage to Property 18.2 18.418.3a-Insurance against Injury to Persons and Damage to Property18.3b-Insurance against Injury to Persons and Damage to Property18.3c-Insurance against Injury to Persons and Damage to Property 18.218.3d-Insurance against Injury to Persons and Damage to Property18.3di-Insurance against Injury to Persons and Damage to Property18.3dii-Insurance against Injury to Persons and Damage to Property18.3diii-Insurance against Injury to Persons and Damage to Property 17.318.4-Insurance for Contractor's Personnel19-Force Majeure19.1-Definition of Force Majeure19.1a-Definition of Force Majeure19.1b-Definition of Force Majeure19.1c-Definition of Force Majeure19.1d-Definition of Force Majeure19.1di-Definition of Force Majeure19.1dii-Definition of Force Majeure19.1diii-Definition of Force Majeure19.1div-Definition of Force Majeure19.1dv-Definition of Force Majeure19.2-Notice of Force Majeure19.3-Duty to Minimise Delay19.4-Consequences of Force Majeure 19.2 20.119.4a-Consequences of Force Majeure 8.419.4b-Consequences of Force Majeure 3.5 18.2 19.119.5-Force Majeure Affecting Subcontractor

19.6-Optional Termination, Payment and Release 19.2 16.3

19.6a-Optional Termination, Payment and Release19.6b-Optional Termination, Payment and Release19.6c-Optional Termination, Payment and Release19.6d-Optional Termination, Payment and Release19.6e-Optional Termination, Payment and Release

19.7-Release from Performance19.7a-Release from Performance19.7b-Release from Performance 19.620-Claims, Disputes and Arbitration

20.1-Contractor's Claims 3.5 8.4 20.4

20.1a-Contractor's Claims20.1b-Contractor's Claims20.1c-Contractor's Claims20.2-Appointment of the Dispute Board 20.4 14.1220.3-Failure to Agree of the Composition of the Dispute Board20.3a-Failure to Agree of the Composition of the Dispute Board 20.220.3b-Failure to Agree of the Composition of the Dispute Board20.3c-Failure to Agree of the Composition of the Dispute Board20.3d-Failure to Agree of the Composition of the Dispute Board20.4-Obtaining Dispute Board's Decision 20.7 20.820.5-Amicable Settlement 20.420.6-Arbitration 20.520.6a-Arbitration20.6ai-Arbitration20.6aii-Arbitration20.6b-Arbitration 1.420.7-Failure to Comply with Dispute Board's Decision 20.4 20.6 20.520.8-Expiry of Dispute Board's Appointment20.8a-Expiry of Dispute Board's Appointment 20.4 20.520.8b-Expiry of Dispute Board's Appointment 20.6APP-Appendix

Days Contractor Employer 11111111111111111111111111111

28 1

11111

365 1

1111111

Prior to the latest date

of Tend

er Submission

From Date

of TOC

11111111111111111111111111111111111111111111111111

28 1

1111

Claim 1

After LOA

Claim 1Claim 1

111111111111111

Claim 1Claim 1Claim 1

111111111

1287

60

Before

Commencement Date and

Request

from ContractorAfter Notification from the

bank

28 1

11111

28 1

111111111

2 1

111

21 1

28 1

11111

Become or Shoul

d have become

aware

After contractor reque

st

Contractor response after engineer

instruction

Notice to

Contractor

Engineer

Decision

1

Claim 1

1111

28 1

11

Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1

1111111111111111


2821

After LOA

Release

after Perfoemna

ce Certificate

Notice to

Engineer for

Commencemen

t of Subc

o Work

1111111111

21 1

11111

Claim 111111111111111111111


1111111111111

Before

Transportat

ion

11111111111111111111111111111111111111111111111


Claim 1Claim 1Claim 1Claim 1Claim 1

11

11111

180 1

1111111

1

111111

Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1

Claim 1Claim 1

Engineer

Notice to contracter after LOA

2821

After Commencemen

t of Work Engin

eer Reservation if any after programm receiv

ed

Claim 1Claim 1

1Claim 1Claim 1Claim 1

28 1

11

1

11

1

21 11

Claim 1Claim 1Claim 1Claim 1

1

1

11


14 Claim 1

Suspension for more than

specified

days

8424

2114

Notice

before

TestWithi

n after date

1421

Not earlier than specif

ied daysNot later than

specified

days

Claim 1Claim 1

111111111


128 1

1Claim 1

28 1

128 1

114 1

11111

Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1

11111111

Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1

After DNP


1111111111


49 1

1

28 1

111111

28 1

11

Prior to the last day

of the perio

d

Breakdown

of Lumpsum

Items after Commencemen

t of Work

Advance

Payment

Guranttee

11111111

42 Claim 1


11111111111

28 1

11

If contract

does not

contain

schedule of payments than after

commencement

of work

Engineer

Receive

IPC

1

111

Claim 121 1

84 1

111

1

1111

28 111111111111111

422156

!st Installemen

t of AP

After LOAAfter receiv

ed PS

After Engin

eer Recei

ve IPC

After TOC

5628

After Performanc

e Certificate

Engineer

Said Draft

128 1

11111111

14 111


28 114 1

111

21 20.1 Claim 1Claim 1Claim 1

1

1

11111111111


1Claim 1Claim 1Claim 1

1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1

4256


28 11111

16.4 17.1 17.1 17.4 17.5 17.5 4.20' 111

Claim Claim 1Claim Claim 1Claim Claim 1

Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1Claim 1

11111111111111111111

14 11


1

Claim 1


84140


1

1

111

21 11111

42 184 156 1

1111111111

2842

CONTRACTS DEPARTMENT - IPBAParticular Condition

Part A - Contract DataContract Agreement

Condition Sub-Clause Jinnah - 5013 Khanki - 5015

1.1.2.2, 1.3

1.1.2.4, 1.3

Bank's Name 1.1.2.11 World bank Asian Development Bank

Borrower's Name 1.1.2.12 Islamic Republic of Pakistan Islamic Republic of Pakistan

Time for Completion 1.1.3.3 1096 Days 1188 days

1.1.3.7 365 Days 365 Days

1.3a Facsimile and email Facsimile and email

Governing Law 1.4 Laws of the Islamic Republic of Pakistan Laws of the Islamic Republic of Pakistan

Ruling Language 1.4 English English

1.4 English English

2.1, 8.1c No Later than the Commencement Date By Commencement Date

3.1bii

Performance Security 4.2 10% (Ten percent) 10% (Ten percent)

Provisional Sums 13.5bii

13.8

The Contract Price 14.1

14.2

Employer's Name and Address

Head PMO for Punjab Barrages Rehabilitation & Modernization Project, Project Offices Building, Irrigation Department, Canal bank, Mustafa Abad (Dharampura), Lahore, PakistanTelephone +92 42 99250351 +92 42 99250337Facsimile: +92 42 99250352Email: [email protected]: www.pmo-pb.gop.pk

Punjab Irrigation Department, represented by HeadI Project Director, Project Management Office(PMO) for Punjab Barrages, Project OfficesBuilding, Canal Bank, Mustafabad, (Dharmpura),Lahore. PakistanTelephone +92 42 99250351 +92 42 99250337Facsimile: +92 42 99250352Email: [email protected]: www.pmo-pb.gop.pk

Engineer's Name and Address

Project Implementation Consultants, 161-B, Upper Mall Scheme, Lahore, PakistanTelephone +92 42 35753460Facsimile: +92 42 35754014Email: [email protected]

SMEC International PTY Limited In Joint Venturewith WS Atkins International (UK), EngineeringGeneral Consultants (ECG) Pvt. Ltd (PAK).BARQAB Consulting Services Pvt. (Ltd. (PAK).,49-D/1 Gulberg III, Lahore, Pakistan. Telephone: +92 42 35754751Facsimile: +92 42 35760030,Email: [email protected]

Defect Notification Period

Electronic Transmission Systems

Language for Communication

Time for Access to the Site

Engineer's Duties and Authority

The sum of all variations shall not increase the Accepted Contract Amount by more than two and half percent (2.5%)

The Engineer will be required to obtain the Employer's approval before agreeing to any variation that will result in an increase in the Accepted Contract Amount.

The percentage to be applied for the overhead charges and profit:10 % (Ten Percent)This percentage shall not be applicable to payment against BOQ Items No1.22, 1.23, 1.24 & 1.25

The percentage to be applied for the overhead charges and profit:10 % (Ten Percent)

Adjustment for Changes in Cost

Applicable after 1St 18 months during which all costs will remain fixed.

The following sentence under Clause 14.1 shall notapply:"Notwithstanding the provisions of sub-paragraph (b). Contractor's Equipment, including essential spare parts therefore. imported by the Contractor for the sale purpose of executing the Contract shall be exempt from the payment of import duties and taxes upon importation. "

Total Advance Payment

20 % of the Accepted Contract Amount less Provisional Sums payable in the currencies and proportions in which the Accepted Contract Amount is payable.The Advance Payment shall be payable within 28 days of submission of the Statement by the Contractor following submission of an acceptable Advance payment Guarantee for the full amount. The contactor shall so arrange as to furnish acceptable Advance Payment Guarantee for the full amount of the requested Advance Payment within three days of the signing of the Contract Agreement. The Contractor shall then submit statement for payment of the requested Advance Payment within seven days of submission of the Advance Payment Guarantee.

Ten percent (10%) of the Accepted Contract Price less Provisional Sums payable in currencies and proportions of the Accepted Contract Price. The Advance payment shall be paid on submission of an unconditional bank guarantee of Ten (10) percent of the Accepted Contract Price on the prescribed Form in Section 9 issued by a reputable bank located outside the Employer's country or reputable local bank, including scheduled bank or nationalized bank in the same currency (ies) of the Accepted Contract Price. If the institution issuing the Advance Bank guarantee is located outside the Employer's country, it shall have a correspondent financial institution in Pakistan to make it enforceable. The contractor shall furnish acceptable bank Guarantee within fifteen (15) days of signing of contract.




14.2b 5 % of Advance payment

14.3 10 % (Ten Percent)

14.3 5 % of Accepted Contract Amount

14.5b Not Applicable Not Applicable

14.5ci Not Applicable

14.6 Rs. 30,000,000 0.4% of the Accepted Contract Amount

14.8

17.6 The product of 1.15 times the Accepted contract Amount.

18.1

18.1 28 Days a. Fourteen (14) days after date of commencement

18.1 42 Days b. Twenty eight (28) days after date of Commencement.

18.2d Rs. 10,000,000 Pak Rupees 10,000,000 (Ten Million)

18.3

20.2 28 days after Commencement date 28 days after the Commencement

20.2 3 Members "Three Members"

20.2 None None

20.3 Chairman Pakistan Engineering Council, Islamabad Singapore International Arbitration Centre (SIAC)

20.6a

20.6

Summary of Section of Works

8.7 10 % of the final Contract Price 10 % of the final Contract Price

1.1.5.6

Time for Completion 1.1.3.3 1096 Days 1188 Days

Repayment Amortization Rate of Advance Payment

Rate of recovery from each subsequent Interim Payment Certificate shall be twenty (20) percent until the full amount of the advance payment been repaid.

Percentage of Retention Money

The proportion of payments retained will be 10% ofthe amount of Interim Payment Certificate up to Rs.500 Millions and subsequently 5% of the amountof each Interim Payment Certificate.

Limit of Retention Money

Limit of Retention Money will be five percent (5%)of the Accepted Contract Amount.

Plant and Materials Intended for the Works

Plant and Materials Intended for the Works

A per Schedule for Payment for Plant and Materials Intended for the Works

Minimum Amount of Interim Payment Certificate

Publishing Source of Commercial Interest rates for Financial Charges in Case of Delayed Payment

i) Local currency: State Bank of Pakistan's policy Discount rateii) Foreign Currency: LIBOR

Maximum Total Liability of the Contractor to the Employer

The product of one point fifteen (1.15) times theAccepted Contract Amount

General Requirement for Insurances

Sub-paragraph b is replaced as under:b) copies of the policies for the insurances described in sub-clause 18.2{ Insurance for works and Contractor's Equipment}, Sub-Clause 18.3 {Insurance against Injury to persons and Damage to property} and Sub-Clause 18.4 {Insurance for Contractor's Personnel}.

a> Evidence of Insurance

b> Copies of the Policies

Maximum Amount of Deductibles for Insurance of the Employer's Risks

Minimum Amount of Third Party Insurance (Insurance Against Injury to Persons and Damages to Property)

Rs. 30,000,000 per occurrence with the number of occurrences unlimited.

Pak Rupees 10,000,000 (Ten Million) per occurrence with the number of occurrences unlimited.

Date by which DB shall be Appointed

The Db shall be Comprised of

List of Potential DB Sole Members

Appointment (if not agreed) to be made by

International arbitration

Singapore International Arbitration Centre(SIAC).

Place of arbitration and rules to be applied

Lahore, Islamic Republic of Pakistan ArbitrationAct 1940 as amended from time to time.

Maximum Amount of Delay Damages

Civil, mechanical & Electrical Works




Delay damages 8.7 Rs. 3,000,000

1.1.5.6

Time for Completion 1.1.3.3 270 Days 270 Days

Delay damages 8.7 Rs. 100,000 Per Day

0.05 % of the accepted Contract Price per day, in the currency (ies) and proportions in which the Contract Price is payable and maximum amount of delay damages is 10 percent of the final contract price.

Civil, mechanical & Electrical Works

0.001 % of the accepted Contract Price per day, in the currency (ies) and proportions in which the Contract Price is payable and maximum amount of delay damages is 01 percent of the final contract price.

Table1: List of Claim Applicable Provisions for ContractorsSub-clause Title Contractor's Entitlement

1.9 Delayed drawings or instructions If Engineer fails to issue notified drawings within a reasonable time

2.1 Right to access to the Site If Employer fails to give right of access to site within time stated time

4.6 Cooperation

4.7 Setting out for errors in original setting-out points and levels of reference

4.12 Unforeseeable physical conditions If Contractor encounters physical conditions which are unforeseeable

4.24 Fossils Time and cost attributable to an instruction to Contractor to deal with an encountered archeological finding

7.4 Testing If testing is delayed by (or on behalf of) the Employer

8.4 Extension of Time for completion If completion is or will be delayed by a listed cause (refer 8.2 and 10.1)

8.5 Delayed caused by authorities If public authority causes unforeseeable delay

8.9 Consequences of suspension If Engineers instructs a suspension of work

10.2 Taking Over parts of the Works If Contractor incurs to cost by taking over a part of the works by the Employer.

10.3 Interference with tests on completion If Employer delays a test on completion

11.8 Contractor to search If instructed to search for cause of a defect for which he is not responsible

12.3 Evaluation (new rates) For work whose quantity has been changed/varied

12.4 Omissions If an item was for work which has been omitted by variation

13.2 Value engineering If saving from value engineering

13.3 Variations If variation order is issued

13.7 Adjustments for changes in legislation Time and cost attributable to a change in the laws of the country

14.4 Schedule of payment

14.8 Delayed payments If Contractor does not receive payment in accordance with Sub-clause 14.7

16.1 Contractor's entitlement to suspend work

16.4 Payment on Termination for losses and damages after terminating contract

17.1 Indemnities Cost attributable to a matter against which he is indemnified by the Employer

17.4 Consequences of Employer's risk If works, goods, or Contractor's documents are damaged by the Employer's risk as listed in Sub-clause 17.3

18.1 General requirements for insurance (if Employer is insuring pafor premiums if Employer fails to effect insurance for which he is the 'insuring party'

19.4 Consequence of Force majeure If Force majeure prevents him from performing obligations

19.6 Optional Termination,payment and release

If the Contractor to incur cost and delays due to the Engineer's instruction or contractual requirement to allow the Employer's personnel, any other contractor employed by the Employer andappropriate opportunity for carrying out work to the personnel of any legally constituted public authorities.

If interim payment instalments were not defined by reference to actual progress, and actual progress achieved in executing the works, and if actual progress is found to be less or more than that on which this schedule of payment was originally based, the instalments may be revised

If Engineer fails to certify or if Employer fails to pay amount certified or to evidence his financial arrangements, and the Contractor suspend work

Contractor's work and other costs are valued and paid after progress is prevented by a prolonged period of Force majeure and either party gives notice of termination

Table1: List of Claim Applicable Provisions for ContractorsSub-clause Title Contractor's Entitlement

19.7 Release from Performance If it becomes impossible or unlawful to perform contractual obligations, Contractor may be released from performance and can claim as in 19.6

Table2: List of Claim Applicable Provisions for Employers

Sub-clause Title Employer's Entitlement

Electricity, water and

4.19 Gas Charges for the use of power, water, gas and other services

Employer's equipment,

4.2 and free issue materials If the Contractor uses Employer's equipment, materials

7.5 Rejection If the rejection and retesting cause the Employer to incur additional cost

If the Contractor fails to comply with Engineer's instruction to comply with the

7.6 Remedial work requirement set in the contract (remove from site or replace plant/equipment,

execute work)

8.6 Rate of progress If revised method of execution cause the Employer to incur additional costs

8.7 Delay damage If the Contractor fails to comply with time for completion sub-clause 8.2

(liquidated damage)

If the Works, or a Section, fail to pass the Tests on Completion repeated under

9.4 Failure to pass test on Sub-Clause 9.3 [Retesting], and the Employer takes over the project, the reduced

completion

value of work

If and to the extent that the Works, Section or a major item of Plant (as the case

Extension of Defect may be, and after taking over) cannot be used for the purposes for which they are

11.3 intended by reason taking over) cannot be used for the purposes for which they

notification period are intended by reason of a defect or by reason of damage attributable to the

Contractor

11.4 Failure to remedy If the Contractor fails to remedy the defects or damage by the notified date and

defects this remedial work was to be executed of the cost of the contractor

Payment after After Termination by employer, the costs of execution, completion and

15.4 termination remedying of any defects, damages for delay in completion

If the contractor fails to effect and keep in force an insurance which is available

and which it is required to effect and maintain under the contract, and the

18.1 General Insurance Employer neither approves omissions nor effect insurance for the coverage

relevant to this default, any money which should have been recoverable under

this insurance

Insurance for works If, more than 1 year after the Base date, the insurance cover for the damage to or

18.2 and Contractor's loss of the works which is attributable to the use or occupation by the Employer,

ceases to be available at commercially reasonable terms, the amount equivalent

Equipment as the Contractor should have expected to have paid

Fidic Clause

Documents

Transcript of Fidic Clause