Form of Contract for Dredging and Reclamation Works (Dredgers Contract; First Edition, 2006). Agreement, General Conditions, Rules for Adjudication and Notes for Guidance.
These Conditions of Contract have been prepared by FIDIC in close collaboration with the International Association of Dredging Companies (IADC), and are recommended for dredging and reclamation work.
The aim has been to produce a straightforward document which includes all essential commercial provisions, and which may be used for all types of dredging and reclamation work and ancillary construction with a variety of administrative arrangements. Under the usual arrangements for this type of contract, the Contractor constructs the Works in accordance with design provided by the Employer or by his Engineer. However, this form may also be suitable for contracts that include, or wholly comprise, contractor-designed works. In addition, the Employer has a choice of valuation methods.
Soft cover; 40 pages Test Edition 2001, Code: FC-AK-A-AA-10 First Edition 2006, Code: FC-AK-A-AA-10
The form is recommended for general use, though modifications may be required in some jurisdictions. FIDIC considers the official and authentic text to be the version in the English language.
The intention is that all necessary information should be provided in the Appendix to the Agreement, the latter incorporating the tenderer's offer and its acceptance in one simple document. The General Conditions are expected to cover the majority of contracts. Nevertheless, users will be able to introduce Particular Conditions if they wish, to cater for special cases or circumstances. The General Conditions and the Particular Conditions will together comprise the Conditions governing the rights and obligations of the parties.
To assist in the preparation of tender documents using these Conditions, Notes for Guidance are included. These Notes will not become one of the documents forming the Contract. Finally, applicable Rules for Adjudication are also included.
Offer Acceptance Appendix
1. GENERAL PROVISIONS
1.1 Definitions The Contract Persons Dates, Times and Periods 1 Money and Payments 1 Other Definitions 1.2 Interpretation 1.3 Priority of Documents 1.4 Law 1.5 Communications 1.6 Statutory Obligations
2. THE EMPLOYER
2.1 Provision of Site 2.2 Permits etc 2.3 Employer's Instructions 2.4 Approvals
3. THE ENGINEER
3.1 The Engineer's Duty and Authority 3.2 Instructions 3.3 Approvals
4. THE CONTRACTOR
4.1 General Obligations 4.2 Contractor's Representative 4.3 Sub-contracting 4.4 Performance Security
5. DESIGN BY CONTRACTOR
5.1 Contractor's Design 5.2 Responsibility for Design
6. EMPLOYER'S RISKS
6.1 Employer's Risks
7. TIME FOR COMPLETION
7.1 Execution of the Works 7.2 Programme 7.3 Extension of Time 7.4 Late Completion
8.1 Completion 8.2 Taking-Over Certificate 8.3 Taking-Over Part of the Works
9. REMEDYING DEFECTS
9.1 Remedying Defects 9.2 Dredging Works9.3 Uncovering and Testing
10. VARIATIONS AND CLAIMS
10.1 Right to Vary 10.2 Valuation of Variations 10.3 Early warning 10.4 Contractor's Right to Claim 10.5 Valuation and Contractor's Clain Period 10.6 Employer's Claims
11. CONTRACT PRICE AND PAYMENT
11.1 Valuation of the Works 11.2 Advance Payment 11.3 Monthly Statements 11.4 Interim Payments 11.5 Payment of Retention - Dredging Works 11.6 Payment of Retention - Other Works 11.7 Final Payment 11.8 Currency 11.9 Delayed Payment
12.1 Default by Contractor 12.2 Default by Employer 12.3 Insolvency 12.4 Payment upon Termination
13. RISK AND RESPONSIBILITY
13.1 Contractor's Care of the Works 13.2 Contractor's Indemnities 13.3 Limit of Contractor's Liabilities 13.4 Force Majeure
14.1 Arrangements 14.2 Failure to Insure
13 RESOLUTION OF DISPUTES
15.1 Adjudication 15.2 Notice of Dissatisfaction 15.3 Arbitration
INDEX OF SUB-CLAUSES
RULES FOR ADJUDICATION
NOTES FOR GUIDANCE
ANNEXES - FORMS OF SECURITIES
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