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'ictureso Louis 'range A"ardso Louis 'range A"ard 0)(3o Louis 'range A"ard 0)(2o Bookshopo Search the bookshopCollectionsAdditional resourceso FA,o Contracts4 basic 5uestions Contracts4 ad&anced 5uestions Dispute resolution 5uestionso About 'ublications FIDIC 'DF electronic products Information regarding the i'ad 6ablet &ersion +hich FIDIC Contract should I use7 Licence agreement for FIDIC contractso 6raining & $&entso $&ents list6raining Courseso 6raining Modules 8nline training courses *oung 'rofessionals Management 6raining 'rogramme Contracts Modules Business 'ractice ModulesAccredited 6rainersAccredited #egional 6raining6raining -e"sletterso Conferences FIDIC Dubai 0)(1o Industr e&entso 8ther #esourceso ,ualit9 Integrit and Sustainabilit,ualitIntegrito Sustainabilit Sustainable Infrastructure #ating and certification Decision!support Calculators .uidelines.lobal :oice of Consulting $ngineers+hat is an $ngineer7Ad/udicators+h ;se FIDIC Contracts7+hich FIDIC Contract should I use7Articles on FIDIC Contracts and AgreementsCONTRACTS: ADVANCED QUESTIONS GENERAL QUESTION/ANSWERFINAL CERTIFICATE AND DUE PAYMENT DATESearchQUESTIONI need some help for the interpretation of Contract Clauses, especially for the Final Certificate and due payment date.ANSWERWe should point out that FIDIC is prepared to give some guidance about FIDIC contracts if problemsmainly concern interpretation of a contract document. If you seek more detailed advice that relates toactual contracts, then we recommend you discuss the matter with eperts whom FIDIC can recommend, on the understanding that they or a colleague would seek remuneration once you entered into detailed discussions. !ssentially, you do not seem to be re"uesting guidance about FIDIC contracts, and your problems do not seem to concern the interpretation of a contract document. #ather, your "uestion seems to be$ what do we do net% &ou give no details whatsoever of the form of contract, FIDIC or otherwise. 'ased on the presumption that your contract incorporates FIDIC(s )**+ Conditions of Contract for Works of Civil !ngineering Construction, you seem to be referring to a re"uest for the !ngineer(s decision under Clause ,-, following the lapse in the Clause ,. procedures. In that case, you should be mindful of other procedures described in Clause ,-, particularly of the period within which to issue a notice of intention to commence arbitration. If that period has already passed, you may wish to consider taking legal advice. /rbitration is a lengthy and epensive procedure, so you may wish to consider alternative methods of dispute resolution, as an attempt at amicable settlement under 0ub1Clause ,-.+. We would be pleased to assist you in these endeavours, if appropriate commercial arrangements can be concluded. /lternatively, an epert proposed by FIDIC could be 2ointly appointed by the Contractor and !mployer, either as a conciliator or as a member of a dispute board 3either the sole member or one of three members4. APPOINTING AN ENGINEERQUESTIONIs it recommended to have in a contract based on FIDIC(s !lectrical and 5echanical Works Contract an eternal epert acting as the !ngineer% 6r is there no problem in recruiting the !ngineer from amongst the 'eneficiary 3in our case a 7public7 authority4% We are signing a contract shortly. 8he !ngineer is according to the #ed 'ook, Clause +.9 :art I bound to act impartially. 8he "uestion is if there is an internal incompatibility in the relationship to his !mployer. ANSWER8he basis upon which the )*;- &ellow 'ook and #ed 'ook is written is that the !ngineer is appointed by the !mployer, but that he is independent of both parties 1 i.e., he is an independent third party. In many cases he is re"uired to give impartial decisions 1 in fact under Clause +.9 of the &ellow 'ook he is re"uired to act impartially at all times when eercising his discretion. If the !ngineer is an employee of the !mployer 1 e.g., someone from the !mployer(s !ngineering Division 1 there is a big risk that he will not be in a position to act impartially. /lthough he may be very eperienced and capable from a technical point of view, and able to handle all technical matters, he may not be free to make decisions which involve financial arrangements, etc. in a fair and impartial manner. It is not impossible, nor unknown, for the !mployer to nominate himself or one of his own staff as !ngineer, but it is rare and certainly causes problems. 8he tet of any clauses referring to the impartiality of the !ngineer will probably need revising at some stage, as will the provisions for handling claims and disputes 3Clauses + and eneral Conditions 6f Contract typically include a re"uirement for the Contractor to submit 3and keep up1to1date4 a detailed time programme which includes$ a4 the order in which the Contractor intends to carry out the Works, including the anticipated timing ofeach stage of design, Contractor(s Documents, procurement, manufacture, inspection, delivery to 0ite, construction, erection, testing, commissioning and trial operation, 3b4 the periods for reviews ... and for any other submissions, approvals and consents specified in the!mployer(s #e"uirements, 3c4 the se"uence and timing of inspections and tests specified in the Contract, and 3d4 a supporting report which includes$3i4 a general description of the methods which the Contractor intends to adopt, and of the ma2or stages, in the eecution of the Works, and 3ii4 details showing the Contractor(s reasonable estimate of the number of each class of Contractor(s :ersonnel and of each type of Contractor(s !"uipment, re"uired on the 0ite for each ma2or stage. 8hese are the basic re"uirements, and users 3pro2ect owners4 are epected to put any particular re"uirements in their own 0pecial Conditions, 0pecification or !mployer(s #e"uirements. 8heir particular re"uirements may, of course, include C:5. FIDIC(s >eneral Conditions of Contract are the most widely accepted form in use internationally. 8hey are used for contracts undertaken by a wide variety of contractors, and for a wide variety of types of work. It would therefore be inappropriate for FIDIC(s >eneral Conditions of Contract to specify C:5, particularly for contractors who do not have staff who are fluent in its use, and also for work for which linear programming is more appropriate. ENGINEER'S RESPONSEQUESTIONWhat is the relationship between the !ngineer(s response to the Contractor(s claim within 9+ days stated in 0ub1clause +..) and !ngineer(s Determination, also stated in 0ub1clause +..) and defined in 0ub1clause =.eneral Conditions unaltered and to place all ammendments and additions in :articular Conditions. FIDIC copyrights the entire contract, but grants legitimate users the right to make use of >uidance for :articular Conditions that is included in a section of the published contract. 0o when you receive a FIDIC contract as a printed docuement or as an electronic whole1document, you incorporate the >eneral Conditions 7as is7, 3by say printing out the >eneral Conditions part from an electronic version, or by adding to tender documents the entire bound contract supplied by FIDIC4. &ou also draw up your :articular Conditions, possibly by copyingtet provided by FIDIC in the >uidance for :articular Conditions. 8his >uidance material is copyrighted, but is made available to purchasers of authenicated FIDIC contracts. 8he printed and electronic contracts also contain forms. 6nce again, these are sub2ect to copyright, but are made available to authorised users of the contracts 3i.e., those that have purchased an electronic or printed document4. I hope we have not been tedious, but it is perhaps important to understand the situation since FIDIC guarantees the authenticity of its >eneral Conditions. I WOULD LIKE TO SCAN A FIDIC CONTRACTQUESTIONI would like to know if the electronic version of the :lant and Design1'uild Contract )st !d 3)***4 can be converted from :DF to the 5icrosoft Word. 8he reason why I am asking this is that we are thinking of using the electronic file as sort of model form for drafting a contract for customers, but I heard a scanned :DF file cannot be converted to another file. ANSWERWe are afraid that what you propose is )..E illegal, and not advised. FIDIC(s :DF contracts are encrypted, and indeed you could print and scan them, but you are then infringing copyright. @owever, FIDIC would consider agreeing to licence your firm to adapt the contract. 8he fee would depend on the planned usage. It would be at least ?0D ).... In general terms, the >eneral Conditions of a FIDIC contract should not be modified. 8he 0pecial Conditions are for the changes, and the contract gives guidance that you can copy, if you purchase a contract. DIFFERENCES BETWEEN CONTRACTSQUESTIONI would like to know about FIDIC based contracts$ what are they about and their diffrences with othercontracts. ANSWERIt is suggested that you read the articles kept in the resources site under http$DDfidic.orgDnodeD)9*. PHOTOCOPYINGQUESTION8o order to turn a FIDIC contract such as the !:CD8urney Contract into a form of a contract for a contractor, I do not want to include certain clauses 3minimal4, and I do not want to include the :art called 7>uidance for the :reparation of :articular Conditions7. /re we allowed to photocopy the !:CD8urnkey Contract with an appendi for the :articular Conditions but ecluding the 7>uidance forthe :reparation of :articular Conditions7, or may we obtain an electronic copy 3from which we would print up to five copies with certain minimum amendments4 and again eclude the >uidance portion% I have read the eplanations at the FIDIC.org 'ookshop web1site but I am not clear on etracting theelectronic copy 3but I can get help in this task4 and I am concerned about breach of copyright.In short, I want to turn out a well prepared contract agreement, dispute ad2udication agreement, >eneral Conditions and :articular Conditions in a bound form that would keep the FIDIC logo and full name.ANSWERCormally, for a contract based on a FIDIC Conditions of Contract you would leave the >eneral Conditions untouched, and simply include :articular Conditions and relevant appendices. For maimum effect, we would urge you to purchase an electronic copy so that you can print out a :DF file that includes the >eneral Conditions. &ou are authorised to include this print out of the >eneral Conditions in your own document. 8here is no copyright infringement if you have purchased and installed an authorised, encrypted version of a FIDIC contract. ?nder the terms of the users aggreement for an electronic version of a FIDIC contract, you can also print out forms and appendices which are supplied as a :DF file andDor in word processing formats.ACCUSATIONS OF IMPARTIALITYQUESTIONCan you please advise what action can be taken with FIDIC where there is no dispute between the Contractor and the !mployer, but the !ngineer 3a FIDIC member engaged and funded by a third party on behalf of the !mployer4 has acted with apparent 3but unre"uested4 partiality, but whose actions are leading the !mployer towards needless epense and probable arbitration. ANSWERIt is not whether the "uestion originated from someone who is likely to be the Contractor, or from someone who is likely to be the !mployerDClient. 6ne should bear in mind that serious allegations are being made, which may not be valid. If the "uestion seems to have originated from a Contractor, the appropriate course of action would be for a very, very senior member to re"uest a meeting with avery, very senior member of the !mployer, so that the allegations may be discussed in confidence. Ifthe "uestion seems to have originated from an !mployer 3which seems unlikely4, if he is a member of a 5ember /ssociation, the /ssociation would be consulted. 8he Contractor(s Contract 5/& 3or may not4 constrain the !mployer from replacing the !ngineer. In either case, C6 /C8I6C C/C '! 8/G!C WI8@ FIDIC, because the !ngineer is not a member of FIDIC as such. If an IFI 3e.g., the World 'ank4 is providing funds for the pro2ect, they could also be appraised of the situation.

PRIME COST ITEMSQUESTIONI want to ask a "uestion regarding the prime cost items in the tenders which are supposed to be used by clients. In Dubai the clients asks the consultants to insert the prime cost against some itemsespcially for the finishes.I would like to know the following$ for a lumpsum teder where the '6H is to be prepared by the contractor based on the "uantities worked out from the tender drawings.8he floor tile p.c. rate specified in '6H is =.... per m+ 3 for supply only 4 and contractor had "uoted eneva /irport 'o =)) +* route de :rLs1'ois C@1)+)< >eneva )< 8el M9)1++1-** 9* .. Fa M9)1++1-** 9* .) !mail fidicIfidic.org0hare8his Copy and :aste1 0ee more at$ http$DDfidic.orgDnodeD*)