FIDIC-99 TIMELINE ..

… YASSER SHAHIN

Submission of L.O.A
Performance Security
Within 28-days after
receiving L.O.A
CL-4.2 EVENTS DIRECTIONS KEY PALN

Sign the
Contract Agreement Final
Within 28-days after Statement
receiving L.O.A Notice not less than 21-days As-Built Docs. + O & M
CL-1.6 to carry-out each test
Proposed Breakdown Prior to start tests on comp.
Of each Lump-sum price within CL-9.1 CL-4.1, lit.(d)
1st installment of 28-days after commencement
Advance Payment Date Tests on Completion
Within 42-days after CL-14.1 28-dayes after notice
issuing L.O.A CL-9.1
CL-14.7

Commencement Date Time for Completion of Works Application for T.O.C Taking Over Certificate
Completion Date
L.O.A Within 42-days after receiving L.O.A E.O.T “if delay is there” = Project duration + Extension of Time (E.O.T)
Not earlier 14-days The Engineer to reply within
28-days
CL-8.1 CL-8.2 CL-10.1
CL-10.1 CL-10.1

Notice of Commencement
Not less than 7-days
CL-8.1

Detailed Programme The Engineer to issue Asses Delay Damages amount

To be submitted within “If any”
Performance Certificate CL-8.7
28-dayes after notice Within 28-days after latest of expiry
CL-8.3
dates of DLP
Employer takes over works
CL-11.9
CL-10.1

Return of Performance
Engineer to certify 1st half
Security (50%) of Retention money.
Within 21-days of receiving Engineer to certify 2nd half CL-14.9
performance certificate (50%) of Retention money.
CL-4.2 CL-14.9
Statement at Completion
Within 84-days
Final Statement Draft of Final Statement CL-14.10
If Engineer agrees on draft Within 56-days of receiving
performance certificate
Final Statement CL-14.11
Insurance cover is no longer
CL-14.11
Engineer to issue within 28-days required
CL-14.13 Contractor to submit a CL-18.2
Discharge Letter
CL-14.12 Expiry of DLP
“Max. Extension of DLP
not more than 2-years”
CL-11.3
D.L.P)
Defects Liability Period (
CL-11.3
 Tips
Programme
 The Contractor (not Employer/Engineer) controls the method and sequence of the works. Therefore,
provided the contractor complies with the contract and applicable laws, The Contractor may perform the
works in the manner it think appropriate; subject to any Employer constraints identified in the contract. (CSL-
1.54)
 Sub-Clause 8.3 does not empower The Engineer to give or withhold approval, only to notify if the Programme
The Contractor
does not comply with the contract.
The Contractor to submit a detailed programme to
the Engineer within 28-days from notice of
 The contractor is obliged to proceed in accordance with the Programme he has submitted in the absence of
commencement. notice from the Engineer that is non-compliant.
CL-8.3 (Programme)  The Contractor is under the express obligation to follow the programme, although this obligation is subject to
his other obligations. This role is clearly shown in the requirements of Sub-Clauses 8.3, 4.21(h) and 8.6.
The Engineer  The Contractor is required to give notice of probable future events which may adversely affect or delay the
Unless The Engineer give notice to The Contractor actual execution of the works. “this means any event, not just events which may affect the contractual Time for
within 21-days
stating the extent to which the Programme does Completion”
not comply with the contract
programme.  Sub-Clause 8.6 provides the basis for the Engineer to monitor progress and to require the Contractor who is in
delay “for reasons which are his responsibility under the contract”, to provide a Programme describing how he
CL-8.3 will accelerate to ensure completion within the time for completion (which to include any granted EOT). This
sub-clause 8.6 only operates when the cause of delay are not ones which fall within sub-clause 8.4.
 If the Contractor decides himself to submit a revised Programme in order to comply with its primary
The Contractor obligation to complete the works within time for completion, he does nothing else than to comply with its
The Contractor shall proceed in accordance to obligation under sub-clause 8.3 and he is not in breach of contract. The Employer will then not be entitled to
the programme compensation. By contrast, a contractor who ignores that actual progress is too slow until the Employer
CL-8.3 instructs him to submit a revised Programme in accordance with sub-clause 8.6 must bear additional cost
Agreed upon programme / No incurred by the Employer.
Approved Programme
concerns for the Engineer

The Engineer
If (at any time) The Engineer gives notice (CL-8.3, last
nd
paragraph) or instruction (CL-8.6, 2 paragraph) to the
Contractor that the programme fails to comply with
the Contract or to be consistent with actual progress,
The contractor the Contractor shall submit a revised programme.
The Contractor might also submit a revised CL-8.3, last paragraph
programme whenever the previous programme is
CL-8.6, 2nd paragraph
inconsistent with actual progress or with the
Contractor's obligations. not
rd
CL-8.3, 3 line

The contractor Note: A problem for the Contractor is that if, claiming that the delay warrants further time for completion, he
The Contractor shall submit to the Engineer
refuses to act on the sub-clause 8.6 notice – he might put himself at risk of possible Employer termination under
a Revised Programme under same Sub-clause 15.2 “as having abandoned the works or otherwise plainly demonstrated the intention not to continue
process. performance….”

CL-8.3, CL-8.6

References:
Fidic Red Book 1999, Corbett & Co – Clause 08 and CSL 2002-2nd edition

PROGRAMME UNDERSTANDING YASSER SHAHIN

 Instruction to Co‐operate

Variation Each Variation may include

CL‐4.6

Instruction for additional samples

CL‐7.2, lit. (b)

Opens a window Instruction to carry out additional

to similar events test
CL‐7.4

Instruction to carry out

The Contractor The Engineer The Engineer additional test and or vary
may initiate by submitting Proposal location or details of specified
may request submittal of Proposal, Initiation either by an Instruction or
CL‐13.2 (Value Engineering) CL‐13.3 Instruction asking for a proposal.
test
shall be in CL‐1.1.6.9 & CL‐13.1, 13.3 CL‐7.4
writing &
Confirmatory Changes to the Quantities.
as per Cl‐3.3 CL‐13.1, lit. (a)
The contractor
Shall respond in writing (ASA.Practical) Yes Goods are No Changes to the Quality.
available CL‐13.1, lit. (b)
TIPS: Goods definition as
o Variation can be exercised at any Changes to levels, positions
per clause 1.1.5.2
and/or dimensions.
time up to the issue of Taking‐
Over Certificate. (Cl‐13.1) CL‐13.1, lit. (c)
o Works shall not be delayed whilst The contractor The contractor The contractor
The contractor Omission of work unless it is to
awaiting for response. (Cl‐13.3) In compliance shall submit  To send a letter stating that he has (in his  Shall submit prompt notice the Engineer
Shall inform The Engineer if he be carried by others.
o The Contractor shall not make any requirements opinion) received instruction representing (with supporting particulars).
cannot comply (giving reasons). CL‐13.1, lit. (d)
alteration and/or modification to CL‐13.3 a variation under the contract. Cl‐13.1, 2nd Paragraph
CL‐13.3
the Ppermanent works until the
ermanent works
Any additional work, plant,
Engineer instructs or approves a
material and services.
variation. (Cl‐13.1, last paragraph)
CL‐13.1, lit. (e)
o The Contractor shall comply with
the instructions. (Cl‐3.3, 2nd The Engineer
 Shall cancel or confirm or vary the Changes to the sequence or
Paragraph) timing of the execution of works.
instruction.
o The Contractor Shall be bound by
Cl‐13.1, 2nd Paragraph CL‐13.1, lit. (e)
each variation. (Cl‐13.1, 2nd The Engineer
Paragraph) To proceed with Evaluation procedures in
o Clause 13.1, lit (d): Prohibits the accordance to relevant clauses, and
Respond with approval, disapproval or
Employer to omit work where he
comment (ASA.Practical). Restart in the event in case of confirmation
intends to handover the works to
CL‐3.5 & CL‐12 or vary the instruction
another contractor or complete
the work itself.
o Payment of agreed amount to be The Engineer
processed in accordance to Cl‐ If approved  To Issue V.O & instruct the Contractor
14.3, lit.(d). to execute the variation with any
o Clause 3.1 (very important). requirements of recording costs.

Permanent work
definition as per
clause 1.1.5.4

VARIATIONS UNDERSTANDING YASSER SHAHIN

 Sub-Clauses
Claim procedures
Of
The Contractor’s claim

EVENT Sub-Clause Sub-Clause

(Occurrence of Event) 28-days Delayed Drawing or instructions Omissions (by Variation)

CL-1.9 CL-12.4

o Notices not later than 28-days, except sub-clause 4.12

Right to Access to the site Value Engineering
“unforeseeable physical condition” Notice shall be as soon
The contractor CL-2.1 CL-13.2
as practical.
42-days Shall give notice to the Engineer not later o Comply with Sub-Clause 1.3, to be in writing and addressed
than 28-days. (A one or two sentence letter Setting Out Changes in Legislation
to the correct person.
giving the essential facts of event will do) o Include reference to the claim notice in monthly report as CL-4.7 CL-13.7
nd
CL-20.1, 2 paragraph per sub-clause 4.21, lit.(f)
Unforeseeable Physical Conditions Delayed Payment
CL-4.12 CL-14.8

Fossils Contractor’s Entitlement to suspend

The contractor CL-4.24 CL-16.1
o This will be an interim submittal (at monthly Within 42-days after he became aware of
intervals) if the event is continuous. the event, to submit detailed particulars to
o Final claim shall be sent after 28-days after the Testing Payment on Termination
the Engineer (time/cost).
end of event. CL-7.4 CL-16.4
CL-20.1, 5th paragraph
Extension Of Time for Completion Indemnities (by Employer)
CL-8.4 CL-17.1

The Engineer Delays Caused by Authorities Consequences of Employer’s Risk

Within 42-days after receiving claim (or further CL-8.5 CL-17.1
particular is requested) the Engineer shall give
his response on the Principal of claim (approval Consequences of Suspension General requirements of
or disapproval with detailed comments). CL-8.9 insurance (if supplied by the
CL-20.1, 6th paragraph Employer)
Taking Over of Parts of Works
CL-18.1
CL-10.2

The Engineer
Dispute20.2 Interference with tests on Consequences of Force Majeure
Completion CL-19.4
To proceed with determination in “Shall be followed” CL-10.3
accordance to sub-clause 3.5.
CL-20.1, 8th paragraph Contractor to Search
Optional Payment Termination
CL-19.6
CL-11.8
Payment
Where the Engineer has determined an Evaluation Contractor’s Claim (procedural)
amount to be due to the contractor The Engineer to consult with the The Engineer
under sub-clause 3.5, The Contractor is
Yes No Shall make fair determination on the
CL-12.3 CL-20.1
parties to achieve agreement.
entitled to apply for it by way of an matter and shall give notice to both
CL-3.5
interim payment certificate pursuant to parties for each determination/agreement.
sub-clauses 14.3 through 14.8. CL-3.5
CL-20.1, 7th paragraph

CLAIMS UNDERSTANDING YASSER SHAHIN

 Suspension
The Engineer fails to certify
the Contractor Interim
Payment.
By the Employer (CL-8.0) By the Contractor (Cl-16.0) 3-situations where CL-14.6
CL-16.1 Contractor’s Entitlement
the right to suspend
Tips on suspension by the Employer: CL-8.8 Suspension of Work
to suspend work occurs if;
CL-8.11 Prolonged Suspension The Employer fails to
o Instructions requires at least
CL-8.12 Resumption of Work comply to provide
consent of the Employer (Cl-3.1,
evidence of his financial
lit.(a).
arrangements.
o The Engineer may state the
CL-2.4
reason for suspension but is not The Engineer The Contractor
required to. Instruct to suspend progress of part or all of Is obliged to give notice not
o The Fidic do not contain any works. The Employer fails to
less than 21-days to the
limitation on how many times CL-8.8, 1st paragraph make payments in 28-
Employer. (Prior to action) days (in-case of advance
this right can be exercised.
o The suspension may end at any If Suspension > 84 days CL-16.1 payment or 56-days after
time by the Engineer’s issuance the Engineer receives the
of an instruction to proceed with The Contractor Statement and
resumption of works. (Cl-8.12) May request The Engineer’s permission to
supporting documents).
o Compensation for costs shall be proceed with the work. CL-14.7
On the expiry of notice The
made in accordance to (Cl-8.9). CL-8.11 Contractor is entitled to
Within 28 days suspend or reduce rate of
work as specified in the There is no special notice form,
notice. however it must:
If such permission is not guaranteed
The Contractor give notice to the o Be addressed to the Employer.
Engineer by the following; o State whether it is intended to
CL-8.11 suspend or reduce the work.
If the Contractor suffers delay, and in
o Describe the basis of intended
order to claim E.O.T and (Cost + Profit), he
action.
must give notice under Cl-20.1.

The suspended part to be omitted, If The suspended part affected the CL-16.1
and shall be treated under Cl-13 whole project, the Contractor to
“Variations & Adjustments”. give notice of termination under Cl-
CL-8.11 16.2 “Termination by Contractor”.

CL-8.11

SUSPENSION OF WORKS UNDER FIDIC 1999 YASSER SHAHIN

 There are also other sub-clauses which gives
the Employer the right to terminate in certain
Termination
circumstances as follows:
 Cl-9.4, lit. (b); Failure to pass tests on
completion.
 Cl-11.4, lit. (c); Failure to remedy defects
 Cl-19.7; Release performance under the law By the Employer (CL-15.0) By the Contractor (Cl-16.2)
The contractor does not receive
CL-15.1 Notice to correct Entitles the Contractor to reasonable evidence within 42-
The contractor fails to comply CL-15.2 Termination by Employer Terminate The contract. days after giving notice to
with Cl-4.2. “Performance CL-15.5 Entitlement to termination suspend under Cl-16.1 in
Security” respect to Cl-2.4.
The contractor Is obliged to give
The contractor abandons the
Notice of Termination The Engineer fails to issue
works Termination for Default At Employer’s payment certificate within 56-days
Convenience CL-16.2 of receipt of statement.
CL-15.2
The contractor without
CL-15.5 The Contractor does not receive
reasonable excuse fails to:
The Engineer may give (within amount due for IPC within 42-
To the Employer prior to not less than 14-days
o Proceed with works in reasonable time) the contractor
The Employer to give if days after expiry of time stated in
accordance to Cl-8.0 or, Notice to Remedy terminate the contract to the Employer. Cl-14.7 (56-days) for Employer to
the Contractor a Notice
o Comply with notices under immediately if; pay.
Cl-7.5 “Rejection” or Cl-7.6 of Termination
CL-15.1
“Remedial works”. CL-15.5
if Failure of Employer to perform his
obligations.
Subcontracts the whole works.
The Employer gives (within 14-
Prolonged suspension
days) notice to the contractor A. The termination shall take Failure of the Employer to comply
affects the whole of the

+
Notice to Terminate effect after 28-days after the
works, as in Cl-8.11. with the contract agreement (Cl-
later dates of: 1.6) as regards signing of contact
CL-15.2 1. The Contractor receives
Or agreement and assignment of
the Notice; or contract (Cl-1.7).
2. The Employer returns the
The Contractor becomes
The Employer may by Notice Performance Security. Bankruptcy/insolvency
bankrupt or insolvent, etc.
terminate the Contract B. The Employer shall not
of the Employer or has
terminate the contract to
Immediately. gone into liquidation.
execute the works himself or
The Contractor gives or offers
by another contractor.
bribe, gift, etc. CL-15.2 C. After this termination Cl-16.3
& 19.6 shall be applied. If Notice
Takes effect
CL-15.5
Then and after terminating the contract; Then the Employer shall to:
1. The Employer may complete the works and/or any other entities to do so. 1. Return Performance Security
Cl-15.2 2. Pay the contractor according
2. The Employer shall give notice that contractor’s Equip. at or near site. Cl- to Cl-19.6 and,
15.2 3. Pay any amount of loss of
3. After Notification has been affected, The Engineer to proceed with his profit, loss or damages.
determination. Cl-15.3 Cl-16.4

TERMINATION UNDER FIDIC 1999 YASSER SHAHIN