The Engineer under FIDIC forms of contract: Real-life questions
Introduction The 'Engineer' under the FIDIC forms of contract has
Introduction The 'Engineer' under the FIDIC forms of contract has
Introduction The Government of India has recently introduced important guidelines
Introduction FIDIC and the Singapore International Mediation Centre (SIMC) both
How do you establish whether a notice provision is really
Corbett & Co. has devised a helpful commentary on FIDIC 1999 books Clause 2. Clause 2 sets out certain obligations which are imposed on the Employer; however, this is by no means all the Employer’s obligations. The obligation to pay the Contractor, for example, is found in Sub-Clause 14.7 and the obligation to Take-Over the Works is found at Sub-Clause 10.1. The first obligation imposed on the Employer under this Clause is to give to the Contractor a right of access. Sub-Clause 2.1 needs to be read alongside Sub-Clauses 2.3 and 4.6, which make it clear that possession of the Site need not be exclusive. Sub-Clause 2.2 imposes on the Employer an obligation to assist the Contractor when requested to obtain permits, licences or approvals required by the laws of the Country. The obligation to reasonably assist is not an absolute obligation and generally will not mean the Employer will have to expend money on fulfilling the obligation. Sub-Clause 2.3 imposes on the Employer an obligation similar to that imposed on the Contractor under Sub-Clause 4.6. The Employer is responsible for any failure by its personnel to co-operate with the Contractor or to comply with safety regulations, take care of persons on Site, make sure the Site is reasonably free from unnecessary obstructions, and protect the environment. Sub-Clause 2.4 imposes on the Employer an obligation to show that financial arrangements have been made and are in place to enable it to pay the Contract Price. Sub-Clause 2.5 deals with the Employer’s Claims and requires that the Employer give notice and particulars of its claim before the Engineer makes a Determination under Sub-Clause 3.5. The Employer cannot set-off any claims it may have against the Contractor unless it complies with this Sub-Clause.
Will an oral agreement override a written one that expressly
Introduction A penalty is now to be regarded as: “a
Introduction The purpose of the 1958 New York Convention is
Introduction If an Employer sets off a sum of money
The 1999 FIDIC forms of contract contain a number of
Introduction There is a substantial difference between the payment provisions
Introduction The substance of this provision was already in Sub-Clause
Introduction This important clause sets out the method of payment,
The Power to Vary and its Limitations While the process
Clause 12 deals with Tests after Completion It is more
Introduction While the general shape of the Clause has been
Introduction Clause 7 deals with a variety of issues relating
Summary Clause 16 deals with suspension and termination by the
Summary FIDIC 1999 is a re-measurement contract, so that the
Summary Clause 9 deals with the Tests on Completion (which