INSIGHTS
FIDIC 1999 Books – Commentary on Clause 10
25/04/2024
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INSIGHTS
FIDIC 1999 Books – Commentary on Clause 10
April 25, 2024
Get in touch
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 to issue a Taking-Over Certificate by the Engineer, where the Employer has taken into commercial use the Works, will amount to a breach of contract.
Origin of clause
There is a similar clause to Clause 10 of FIDIC 1999 at clause 48 of the 4th edition. There were also similar provisions within the 3rd edition, except that there was no provision for Taking-Over of Sections or Parts.
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