Conditions of Contract for Electrical and Mechanical Works (3rd Edition, 1987; Reprinted 1988) electronic version in encrypted PDF.
Guide to the Use of the FIDIC Conditions of Contract for Electrical and Mechanical Works (1988). Includes Yellow Book 3rd Ed 1987 conditions
Supplement to the 3rd Edition, 1987 of Conditions of Contract for Electrical and Mechanical Works (1st Edition, 1997).
However, FIDIC has been solely responsible for decisions concerning the content of the document and the above acknowledgement does not imply approval by ORGALIME of the conditions contained herein.
FIDIC gratefully acknowledges the work of the members of Electrical and Mechanical Contracts Committee composed of members of FIDIC Member Associations who have donated their expertise and time to make production of this edition possible.
1.1 Definitions 1.2 Headings and Titles 1.3 Interpretation 1.4 Written Communications 1.5 Notices, Consents and Approvals 1.6 Cost, Overhead Charges and Profit 1.7 PeriodsEngineer and Engineer's Representative 2.1 Engineer's Duties 2.2 Engineer's Representative 2.3 Engineer's Power to Delegate 2.4 Engineer to Act Impartially 2.5 Engineer's Decisions and Instructions 2.6 Confirmation in Writing 2.7 Disputing Engineer's Decisions and Instructions 2.8 Replacement of EngineerAssignment and Subcontracting 3.1 Assignment 4.1 SubcontractingContract Documents 5.1 Ruling Language 5.2 Day to Day Communications 5.3 Priority of Contract Documents 5.4 Documents Mutually Explanatory 6.1 Contractor's Drawings 6.2 Consequences of Disapproval of Contractor's Drawings 6.3 Approved Contractor's Drawings 6.4 Inspection of Contractor's Drawings 6.5 Installation Information 6.6 Operation and Maintenance Manuals 6.7 Employer's Use of Contractor's Drawings 6.8 Contractor's Use of Employer's Drawings 6.9 Manufacturing Drawings 7.1 Errors in Contractor's Drawings 7.2 Errors by Employer or EngineerObligations of the Contractor 8.1 General Obligations 8.2 Setting Out 9.1 Contract Agreement 10.1 Performance Security 10.2 Period of Validity 10.3 Claims under Performance Security 11.1 Site Data 11.2 Sufficiency of Contract Price 11.3 Physical Obstructions and Conditions 12.1 Programme to be Furnished 12.2 Alteration to Programme 12.3 Revision of Programme 13.1 Contractor's Representative 13.2 Objection to Contractor's Employees 14.1 Contractor's Equipment 14.2 Safety Precautions 14.3 Electricity, Water and Gas 14.4 Employer's Equipment 14.5 Clearance of Site 14.6 Opportunities for Other Contractors 14.7 Authority for Access 14.8 Information for Import Permits and Licences 15.1 Compliance with Statutes, Regulations 15.2 Compliance with Laws 16.1 Patent Rights 16.2 Claims in respect of Patent Rights 16.3 Employer's Warranty for Patent RightsObligations of the Employer 17.1 Access to and Possession of the Site 17.2 Assistance with Local Regulations 17.3 Civil Works on Site 17.4 Consents and Wayleaves 17.5 Import Permits and LicencesLabour 18.1 Engagement of Labour 18.2 Returns of Labour 18.3 Working Hours 18.4 Restriction of Working HoursWorkmanship and Materials 19.1 Manner of Execution 19.2 Covering up Work 19.3 Uncovering Work 20.1 Independent Inspection 20.2 Inspection and Testing During Manufacture 20.3 Dates for Inspection and Testing 20.4 Facilities for Testing 20.5 Certificate of Testing 21.1 Rejection 22.1 Permission to DeliverSuspension of Works, Delivery or Erection 23.1 Order to Suspend 24.1 Cost of Suspension 24.2 Payment in Event of Suspension 24.3 Prolonged Suspension 24.4 Resumption of WorkCompletion 25.1 Time for Completion 26.1 Extension of Time for Completion 26.2 Delays by Subcontractors 26.3 Earlier Completion 27.1 Delay in Completion 27.2 Prolonged DelayTests on Completion 28.1 Notice of Tests 28.2 Time for Tests 28.3 Delayed Tests 28.4 Facilities for Tests on Completion 28.5 Retesting 28.6 Disagreement as to Result of Tests 28.7 Consequences of Failure to Pass Tests on Completion 28.8 Use by the Employer 28.9 Test CertificateTaking Over 29.1 Taking Over 29.2 Taking-Over Certificate 29.3 Use before Taking Over 29.4 Interference with Tests on CompletionDefects after Taking Over 30.1 Defects Liability Period 30.2 Making Good Defects 30.3 Notice of Defects 30.4 Extension of Defects Liability Period 30.5 Failure to Remedy Defects 30.6 Removal of Defective Work 30.7 Further Tests on Completion 30.8 Right of Access 30.9 Defects in Employer's and Engineer's Designs 30.10 Contractor to Search 30.11 Defects Liability Certificate 30.12 Exclusive RemediesVariations 31.1 Engineer's Right to Vary 31.2 Variation Order Procedure 31.3 Disagreement on Adjustment of the Contract Price 31.4 Contractor to Proceed 31.5 Records of CostsOwnership of Plant 32.1 Ownership of PlantCertificates and Payment 33.1 Terms of Payment 33.2 Method of Application 33.3 Issue of Certificate of Payment 33.4 Corrections to Certificates of Payment 33.5 Payment 33.6 Delayed Payment 33.7 Remedies on Failure to Certify or Make Payment 33.8 Payment by Measurement 33.9 Application for Final Certificate of Payment 33.10 Issue of Final Certificate of Payment 33.11 Final Certificate of Payment ConclusiveClaims 34.1 Procedure 34.2 AssessmentForeign Currency and Rates of Exchange 35.1 Payment in Foreign Currencies 35.2 Currency Restrictions 35.3 Rates of ExchangeProvisional Sums 36.1 Use of Provisional Sums 36.2 Ordering Work against Provisional Sums 36.3 Invoices and Receipts 36.4 Payment against Provisional SumsRisk and Responsibility 37.1 Allocation of Risk and Responsibility 37.2 Employer's Risks 37.3 Contractor's RisksCare of the Works and Passing of Risk 38.1 Contractor's Responsibility for the Care of the Works 38.2 Risk Transfer Date 39.1 Passing of Risk of Loss or of Damage to the Works 39.2 Loss or Damage Before Risk Transfer Date 39.3 Loss or Damage After Risk Transfer DateDamage to Property and Injury to Persons 40.1 Contractor's Liability 40.2 Employer's Liability 41.1 AccidentsLimitations of Liability 42.1 Liability for Indirect or Consequential Damage 42.2 Maximum Liability 42.3 Liability after Expiration of Defects Liability Period 42.4 Exclusive Remedies 42.5 Mitigation of Loss or Damage 42.6 Foreseen DamagesInsurance 43.1 The Works 43.2 Contractor's Equipment 43.3 Third Party Liability 43.4 Employees ' 43.5 General Requirements of Insurance Policies 43.6 Permitted Exclusions from Insurance Policies 43.7 Remedies on the Contractor's Failure to Insure 43.8 Amounts not RecoveredForce Majeure 44.1 Definition of Force Majeure 44.2 Effect of Force Majeure 44.3 Notice of Occurrence 44.4 Performance to Continue 44.5 Additional Costs caused by Force Majeure 44.6 Damage caused by Force Majeure 44.7 Termination in Consequence of Force Majeure 44.8 Payment on Termination for Force Majeure 44.9 Release from Performance 44.10 Force Majeure Affecting Engineer's DutiesDefault 45.1 Notice of Default 45.2 Contractor's Default 45.3 Valuation at Date of Termination 45.4 Payment after Termination 45.5 Effect on Liability for Delay 46.1 Employer's Default 46.2 Removal of Contractor's Equipment 46.3 Payment on Termination for Employer's DefaultChanges in Cost and Legislation 47.1 Labour, Materials and Transport 47.2 Statutory and Other RegulationsCustoms 48.1 Customs and Import Duties 48.2 Clearance through CustomsNotices 49.1 Notices to Contractor 49.2 Notices to Employer and Engineer 49.3 Minutes of MeetingsDisputes and Arbitration 50.1 Disputes concerning Engineer's Decisions 50.2 Arbitration 50.3 Works to Continue 50.4 Time Limit for ArbitrationLaw and Procedure 51.1 Applicable Law 51.2 Procedural Law 51.3 LanguagePART ll: SPECIAL CONDITIONS INDEX TENDER CONTRACT AGREEMENT
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