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The Engineer under FIDIC forms of contract: Real-life questions
Introduction The ‘Engineer’ under the FIDIC forms of contract has […]
Author: Joanne Clarke
11/28/2024
New Guidelines for Arbitration and Mediation in Indian Public Procurement Contracts: An Overview for International Practitioners
Introduction The Government of India has recently introduced important guidelines […]
Author: Shreya Upreti
CAB to Resolution: Steering Clear of Conflicts
Introduction FIDIC and the Singapore International Mediation Centre (SIMC) both […]
Author: Victoria Tyson
No Notice, No Claim? Conditions Precedent in FIDIC Contracts
How do you establish whether a notice provision is really […]
Author: Victoria Tyson
FIDIC 1999 Books – Commentary on Clause 2
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.
Author: Joanne Clarke
Tags: clause 42.1, clause 42.2, clause 54.3, clause 54.4, Employers' obligations, sub-clause 10.1, sub-clause 11.3, sub-clause 14.7, sub-clause 15.4, sub-clause 16.1, sub-clause 16.2, sub-clause 18.1, sub-clause 18.2, sub-clause 2.1, sub-clause 2.2, sub-clause 2.3, sub-clause 4.19, sub-clause 4.2, sub-clause 4.20, sub-clause 4.21, sub-clause 4.6, sub-clause 7.5, sub-clause 7.6, sub-clause 8.6, sub-clause 8.7, sub-clause 9.4
11/27/2024
No Oral Modification Clauses Mean What They Say
Will an oral agreement override a written one that expressly […]
Author: Joanne Clarke
Tags: Court Decision, No Oral Modification Clause, NOM, Oral Agreement, Oral Modification
11/14/2024
The Highest UK Court Reviews the Law on Penalties
Introduction A penalty is now to be regarded as: “a […]
Author: Victoria Tyson
Tags: Court Decision, Damages, Law, Law on Penalities, penalties, Penalty, Supreme Court
11/13/2024
The Problem with Enforcing Arbitration Awards that have been Annulled
Introduction The purpose of the 1958 New York Convention is […]
Author: Victoria Tyson
Tags: annulled award, Arbitral Award, award, Court Decision, Enforcement, international arbitration, International Enforcement
The Dangers of Employer Set Off in your FIDIC Contract: Suspension and Termination
Introduction If an Employer sets off a sum of money […]
Author: Victoria Tyson
Tags: contractor, Contractor Suspension, Contractor Termination, Employer, Employer Set-Off, Interim Payment Certificate, IPC, Set-Off, Suspension, termination
FIDIC Sub-Clause 20.5 – A Condition Precedent to Arbitration
The 1999 FIDIC forms of contract contain a number of […]
Author: Victoria Tyson
Tags: Amicable Settlement, Condition Precedent, DAB, Dispute, dispute adjudication board, NOD, Notice of Dissatisfaction, Settlement
FIDIC Silver Book – Payments Due Shall Not Be Withheld… Really?
Introduction There is a substantial difference between the payment provisions […]
Author: Victoria Tyson
Tags: costs, Court Decision, Damages, Delay, Interim Payment Certificate, IPC, payment, Set-Off
FIDIC 2017: Sub-Clause 1.15 – Limitation of Liability
Introduction The substance of this provision was already in Sub-Clause […]
Author: Victoria Tyson
Tags: costs, Damages, Delay, Exemption, Exemption from Liability, liability, Limitation, Limitation of Liability
FIDIC 2017: Clause 14 -Contract Price and Payment
Introduction This important clause sets out the method of payment, […]
Author: Victoria Tyson
Tags: contract, Contract Price, costs, Delay, guarantee, interim payment, Interim Payment Certificate, IPC, payment
FIDIC 2017: Clause 13 – Variations and Adjustments
The Power to Vary and its Limitations While the process […]
Author: Victoria Tyson
Tags: Adjustments, Delay, Time, variation, Variations
FIDIC 2017: Clause 12 – Tests after Completion
Clause 12 deals with Tests after Completion It is more […]
Tags: completion, contractor, Delay, Employer, Test after Completion, Test on Completion
FIDIC 2017: Clause 11 – Defects After Taking Over
Introduction While the general shape of the Clause has been […]
Author: Victoria Tyson
Tags: Cost, Damage, Defects, Defects after Taking Over, Delay, Taking Over
FIDIC 2017: Clause 7 – Plant, Materials and Workmanship
Introduction Clause 7 deals with a variety of issues relating […]
Author: Victoria Tyson
FIDIC 1999 Books – Commentary on Clause 16
Summary Clause 16 deals with suspension and termination by the […]
Author: Victoria Tyson
Tags: Cessation of Work, contractor, Contractor Suspension, Contractor Termination, Payment on Termination, Suspension, termination
FIDIC 1999 Books – Commentary on Clause 12
Summary FIDIC 1999 is a re-measurement contract, so that the […]
Author: Victoria Tyson
Tags: costs, Measurement, Measurement of Works, Price, Re-Measurement, Works, Works Pricing
FIDIC 1999 Books – Commentary on Clause 9
Summary Clause 9 deals with the Tests on Completion (which […]
Author: Victoria Tyson
Tags: completion, contractor, Delay, Employer, Test on Completion
Cofely v Knowles – From Appointment to Disappointment
There have been two High Court cases within the last […]
Author: Victoria Tyson
Tags: Court Decision, Nominating Tribunal Members, Nomination Process, Tribunal, Tribunal Members
BoQ Rates Neither ‘Immutable nor Sacrosanct’
A contractor who has loaded a tender Book of Quantities […]
Author: Victoria Tyson
Tags: Book of Quantities, BoQ, BoQ Rates, Contract Rates, Court Decision, Price-Loading
FIDIC 1999 Books – Commentary on Clause 4
Summary Clause 4 sets out various obligations which fall on […]
Author: Joanne Clarke
FIDIC 2017: Clause 5 – Design
The main changes to Clause 5 are as follows: Sub-Clause […]
Author: International Construction Team
FIDIC 2017: Clause 4 – The Contractor
The main changes to Clause 4 are: The requirement in […]
Author: International Construction Team
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The content of the Knowledge Hub is not legal advice. You should always consult a suitably qualified lawyer regarding a particular legal issue or problem that you have. Please contact us if you require legal assistance.