FIDIC 1999 Books – Commentary on Clause 10
Summary Clause 10 deals with the Taking-Over of the Works, Sections, or parts of the Works. Sub-Clause 10.1 deals with the Taking-Over of the Works and Sections. Taking-Over by the Employer happens when the Works (a) pass the Tests on Completion; (b) are substantially complete; (c) any contractual requirements relating to Taking-Over have been met; and (d) the Taking-Over Certificate has been issued or is deemed to have been issued. Sub-Clauses 10.2 and 10.3 deal with deemed Taking-Over where the Employer uses part of the Works or interferes with the Tests on Completion for more than 14 days. The failure
FIDIC 1999 books – Commentary on Clause 20
Summary Clause 20 deals with claims, disputes and arbitration. Sub-Clause 20.1 deals with the Contractor’s claims. The Contractor must give notice wherever it considers itself entitled to additional time and money within 28 days. The 28 day notice is a condition precedent to the Contractor’s entitlement to time and money. Thereafter the Contractor must submit a fully detailed claim. The Engineer is then required to approve or disapprove the claim and thereafter make a Sub-Clause 3.5 determination. Each Payment Certificate must include such amounts for any claim as have been reasonably substantiated. Sub-Clause 20.2 deals with the Appointment of the