Conditions of Subcontract for Construction (First Edition, 2011). For building and engineering works designed by the Employer.
Conditions of Contract for Construction (First Ed. 1999). For Building and Engineering Works designed by the Employer. General conditions; Guidance for Preparation of Particular Conditions; Forms of Tender, etc. (default)
These charts are illustrative and must not be taken into consideration in the interpretation of the Conditions of Subcontract. In the preparation of the FIDIC Conditions of Subcontract it was recognised that while there are numerous Clauses which will be generally applicable there are some clauses which must necessarily vary to take account of the circumstances and locality of the Subcontract Works. The clauses of general application have been grouped together in the first part of this document and are referred to as General Conditions of Subcontract. They have been published in a form which will facilitate their inclusion as printed in the subcontract documents normally prepared. The Particular Conditions of Subcontract are linked with the General Conditions of Subcontract by the corresponding numbering of the clauses, so that the General Conditions and the Particular Conditions together comprise the Conditions of Subcontract governing the rights and obligations of the parties. The Special Conditions of Subcontract must be specially drafted to suit each individual Subcontract. The guidance in the second part of this document – Guidance for the Preparation of Particular Conditions of Subcontract – is intended to aid in this task by giving options for various clauses, where appropriate. The use of clauses or sub-clauses in the Particular Conditions of Subcontract may be necessary or appropriate for one or more reasons, of which the following are examples:
In other cases, however, only guidance for drafting purposes is given. Before incorporating any example wording it must be checked to ensure that it is wholly suitable for the particular circumstances and, if not, it must be varied. Where example wording is varied and in all cases where additional material is included in the Particular Conditions of Subcontract, care must be taken to ensure that no ambiguity is created with the General Conditions of Subcontract or between the clauses in the Particular Conditions of Subcontract. The Guidance for the Preparation of Particular Conditions of Subcontract include sample forms, with some guidance, of annexes that are to be attached to the Particular Conditions of Subcontract:
Sample forms of offer, acceptance and agreement at the end of the document are:
In preparing the FIDIC Conditions of Subcontract for Construction, special thanks are extended to members of the Subcontract Task Group of the FIDIC Contracts Committee. The task group comprised Richard Appuhun, Civil Engineer, Italy, Nael Bunni, Chartered Engineer, Ireland, Edward Corbett, Corbett & Co., UK, Siobhan Fahey, Consulting Engineer, Ireland, and Zoltan Záhonyi, Consulting Engineer, Hungary. The preparation was carried out under the general direction of the FIDIC Contracts Committee which comprised until September 2009: Axel-Volkmar Jaeger, Consulting Engineer, Germany (Chair); Christopher Wade, Consulting Engineer, UK (Former Chair); Philip Jenkinson, Atkins, UK; Nael Bunni, Chartered Engineer, Ireland; Legal Adviser Christopher Seppala, White and Case LLP, France; Special Adviser Michael Mortimer-Hawkins, Consulting Engineer, UK and Sweden. From September 2009, the committee comprised Philip Jenkinson, Atkins, UK (Chair), Christoph Theune, Pöyry Environment GmbH, Germany, and Zoltan Záhonyi, Consulting Engineer, Hungary, with Axel-Volkmar Jaeger, Christopher Wade, Nael Bunni, Christopher Seppala, and Michael Mortimer-Hawkins as Special Advisers. Drafts were reviewed by many persons and organisations, including those listed below. Their valuable comments were reviewed by the Subcontract Task Group and, where considered appropriate, have influenced the wording of the clauses. Romano Allione of the Dispute Review Board Foundation, USA; Des Barry, JB Barry & Partners, Ireland; Brian Bond, Consulting Engineer, Ireland; Pieter de Bruijn, Ballast Nedam Infra B.V., Netherlands; Gerlando Butera, Nabarro LLP Solicitors, UK; Salvatore Castro on behalf of the Council of Engineering Consultants of the Philippines; Donald Charrett, Melbourne TEC Chambers, Australia; Peer Dalland, Dalland Associates Pty Ltd, Australia; European International Contractors; William Godwin, 3 Harecourt Chambers, UK; Mark Goodrich, White & Case LLP, Japan; Leo Grutters, Gibconsult GmBH, Germany; Yukinobo Hayashi, Nippon Koei, Japan; Dr Götz-Sebastian Hök, Dr Hök Stieglmeier & Kollegen, Germany; Anthony Hussey, Hussey Fraser Solicitors, Ireland on behalf of the Chartered Institute of Arbitrators (Irish Branch); Levent Irmak, GTZ Bosphorus, Turkey; Izhar bin Ismail, Tenaga Nasional, Malaysia; Emmanuel Jolivet, General Counsel, ICC International Court of Arbitration; Professor Rudi Klein, Specialist Engineering Contractors' Group, UK; Wolf-Rainer Kruska, KfW Bankengruppe, Germany; Patrick MM Lane SC, Maisels Group, South Africa; HH Humphrey Lloyd QC, Atkin Chambers, UK; Smore Mushtaq, Mushtaq Contracts, Pakistan; Waleed El Nemr, Hill International (North Africa) Ltd., Egypt; Mark Olive, Davis Langdon & Seah, Vietnam; Darko Plamenac, Construction and Geodesy Advanced School, Serbia; Siemens A.G., Germany; Svend Poulsen, Atkins, Denmark; Robin Schonfeld, SMEC International Pty Ltd, Australia; George Rosenberg, Corbett & Co., UK; Derek Ross, Layng Ross, UK; Christopher Seppala, White & Case, France; Olivier Wolters, Simed Health Care Group B.V., Netherlands; Professor Shuibo Zhang, Tianjin University, China and all other persons who gave comments and feedback. FIDIC wishes to record its appreciation of the time and effort devoted by all the above. FIDIC also wishes to thank Geoff French, Executive Committee member responsible for the FIDIC Contracts Committee, Enrico Vink, Managing Director, FIDIC, and Peter Boswell, formerly General Manager, FIDIC, for their support in producing this document. The ultimate decision regarding the wording of the clauses and format of the document rests with FIDIC, and acknowledgement of reviewers does not mean that they concur with or approve the wording of all clauses.
1. Definitions and Interpretation 1.1 Subcontract Definitions1.2 Headings and Marginal Notes1.3 Subcontract Interpretation1.4 Subcontract Communications1.5 Priority of Subcontract Documents1.6 Notices, Consents, Approvals, Certificates, Confirmations, Decisions, and Determinations1.7 Joint and Several Liability under the Subcontract1.8 Subcontract Law and Language1.9 Subcontract Agreement1.10 No Privity of Contract with Employer1.11 Subcontract Sections 2. The Main Contract 2.1 Subcontractor's Knowledge of Main Contract2.2 Compliance with Main Contract2.3 Instructions and Determinations under Main Contract2.4 Rights, Entitlements and Remedies under Main Contract2.5 Main Contract Documents 3. The Contractor 3.1 Contractor's Instructions3.2 Access to the Site3.3 Contractor's Claims in connection with the Subcontract3.4 Employer's Claims in connection with the Main Contract3.5 Co-ordination of Main Works4. The Subcontractor 4.1 Subcontractor's General Obligations4.2 Subcontract Performance Security4.3 Access to the Subcontract Works4.4 Subcontractor's Documents 5. Assignment of the Subcontract and Subcontracting 5.1 Assignment of Subcontract5.2 Subcontracting 6. Co-operation, Staff and Labour 6.1 Co-operation under the Subcontract6.2 Persons in the Service of Others6.3 Contractor's Subcontract Representative6.4 Subcontractor's Representative 7. Equipment, Temporary Works, Other Facilities, Plant, and Materials 7.1 Subcontractor's Use of Equipment, Temporary Works, and/or Other Facilities7.2 Free-Issue Materials7.3 Indemnity for Misuse7.4 Ownership of Subcontract Plant and Materials7.5 Subcontractor's Equipment and Subcontract Plant8. Commencement and Completion 8.1 Commencement of Subcontract Works8.2 Subcontract Time for Completion8.3 Extension of Subcontract Time for Completion8.4 Subcontract Programme8.5 Subcontract Progress Reports8.6 Suspension of Subcontract Works by the Contractor8.7 Subcontract Damages for Delay 9. Tests on Completion 9.1 Subcontract Tests on Completion9.2 Main Contract Tests on Completion10. COMPLETION AND TAKING-OVER THE SUBCONTRACT WORKS10.1 Completion of Subcontract Works10.2 Taking-Over the Subcontract Works10.3 Taking-Over by the Contractor 11. Defects Liability 11.1 Subcontractor's Obligations after Taking-Over11.2 Subcontract Defects Notification Period11.3 Performance Certificate 12. Measurement and Evaluation 12.1 Measurement of Subcontract Works12.2 Quantity Estimated and Quantity Executed12.3 Evaluation under the Subcontract 13. Subcontract Variations and Adjustments 13.1 Variation of Subcontract Works13.2 Valuation of Subcontract Variations13.3 Request for Proposal for Subcontract Variation13.4 Subcontract Adjustments for Changes in Legislation13.5 Subcontract Adjustments for Changes in Cost13.6 Subcontract Daywork 14. Subcontract Price and Payment 14.1 The Subcontract Price14.2 Subcontract Advance Payment14.3 Subcontractor's Monthly Statements14.4 Subcontractor's Statement at Completion14.5 Contractor's Application for Interim Payment Certificate14.6 Interim Subcontract Payments14.7 Payment of Retention Money under the Subcontract14.8 Final Subcontract Payment14.9 Delayed Payment under the Subcontract14.10 Cessation of the Contractor's Liability14.11 Subcontract Currencies of Payment 15. Termination of the Main Contract and Termination of the Subcontract by the Contractor 15.1 Termination of Main Contract15.2 Valuation at Date of Subcontract Termination15.3 Payment after Termination of Main Contract15.4 Termination of Main Contract in Consequence of Subcontractor Breach15.5 Notice to Correct under the Subcontract15.6 Termination of Subcontract by the Contractor 16. Suspension and Termination by the Subcontractor 16.1 Subcontractor's Entitlement to Suspend Work16.2 Termination by the Subcontractor16.3 Payment on Termination by the Subcontractor 17. Risk and Indemnities 17.1 Subcontractor's Risks and Indemnities17.2 Contractor's Indemnities17.3 Subcontract Limitation of Liability 18. Subcontract Insurances 18.1 Subcontractor's Obligation to Insure18.2 Insurance arranged by the Contractor and/or the Employer18.3 Evidence of Insurance and Failure to Insure 19. Subcontract Force Majeure 19.1 Subcontract Force Majeure 20. Notices, Subcontractor's Claims and Disputes 20.1 Notices20.2 Subcontractor's Claims20.3 Failure to Comply20.4 Subcontract Disputes20.5 Appointment of the Subcontract DAB20.6 Obtaining Subcontract DAB's Decision20.7 Subcontract ArbitrationIndex and Index of Sub-ClausesGUIDANCE FOR THE PREPARATION OF PARTICULAR CONDITIONS OF SUBCONTRACT ContentsIntroduction Notes on the Preparation of Tender DocumentsClauses 1 - 20 Annexes Annex A: Particulars of the Main ContractAnnex B: Scope of Subcontract Works and Schedule of Subcontract DocumentsAnnex C: Incentive(s) for Early Completion, Taking-Over by the Contractor and Subcontract Bill of Quantities Annex D: Equipment, Temporary Works, Facilities, and Free-Issue Materials to be provided by the ContractorAnnex E: Insurances Annex F: Subcontract Programme Annex G: Other Items SAMPLE FORMS Letter of Subcontractor's OfferAppendix to the Subcontractor's Offer Contractor's Letter of AcceptanceSubcontract Agreement
Conditions of Subcontract for Construction (Test Edition, 2009). For building and engineering works designed by the Employer.
Conditions of Subcontract for Work of Civil Engineering Construction (1st Edition, 1994).
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