6275922 Fidic Conditions of Contract

March 20, 2018 | Author: Kaka Zahfa | Category: Arbitration, Business Law, Virtue, Private Law, Social Institutions


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Fé d é r a t i o n I n t e r n a t i o n a l e d e s I n g é n i e u r s - C o n s e i l s FIDIC CONDITIONS OF CONTRACT FOR CONSTRUCTION 1999 – EDITION 1 Flow Charts Clause 20.4 Is there a dispute between the parties? yes Clause 20.4 Has either party referred* the matter in dispute to the DAB, copy to other party? yes Clause 20.4 Has DAB given notice of his decision* to both parties within 84 days of receipt of reference? yes Clause20.4 Has either party, within 28 days of DAB's decision, given notice to other party, of dissatisfaction yes Clause 20.5 Is attempt at amicable settlement successful? no Clause 20.5 Arbitration may commence after 56 days (Clause 20.6 Sets down the rules applying to the arbitration process) no no no yes Clause 20.4 not activated Clause 20.4 After 84 days, parties may proceed to 20.5 Clause 20.4 DAB's decision becomes final and binding Dispute resolved in terms of settlement (procedure not set down) Notes: Party means the Employer or the Contractor * Reference/Decision must state that it is issued pursuant to Clasue 20.4 Settlement of Disputes FIDIC 1999 SETTLEMENT OF DISPUTES – CLAUSES 20.4 AND 20.5 Clause 8.4 Contractor considers himself entitled to EOT yes Clause 8.4 and 20.1 Contractor advises Engineer within 28 days of event first arising yes Clause 20.1 Contractor provides Engineer with detailed particulars within 42 days and interim particulars at intervals of not more than 28 days if continuing event Clause 20.1 Engineer within 42 days of receipt of claim or particulars must respond on the principles of the claim with approval or rejection with detailed comments and proceed in accordance with Clause 3.5 Clause 3.5 Engineer must consult with Employer and Contractor to reach agreement on EOT and additional payment if any no no Clause 20.1 2nd Paragraph No EOT may be given and Employer discharged from liability Clause 20.1 Amount of claim may be limited if failure has prevented or prejuduced proper investigation but Contractor may still be entitled to EOT Extension of Time for Completion FIDIC 1999 EXTENSIONS OF TIME – CLAUSE 8.4 Clause 13.1 Engineer forms the opinion that a variation is needed? yes Clause 13.3 Engineer instructs Contractor to execute variation? yes Contractor gives notice that cannot procure goods no Clause 12.3 and 3.5 Valuation is determined by the Engineer, but consults with Contractor and Employer yes Clause12.3 Are rates and prices in Contract suitable to value variation? no Clause 12.3 and 3.5 Engineer consults with Employer and Contractor yes yes Engineer to act Clause 12.3 Such rates and prices used Variations in Form, Quality or Quantity of work FIDIC 1999 VARIATIONS – CLAUSE 13 Clause 14.3 After end of each month, Contractor submits statement of claim to Engineer yes Clause 14.6 Engineer assesses claim and determines amount due to Contractor yes Clause 14.6 Is the amount due to the Contractor more than Minimum Amount? yes Clause 14.6 Engineer delivers Interim Payment Certificate to Employer within 28 days yes Clause 14.7 Employer pays Contractor within 56 days of receipt by the Contractor's statement no Clause 14.8 Contractor entitled to interest at rate stated in Appendix no no no Unspecified Amount need not certified Unspecified Engineer issues Taking-Over Certificate yes Clause 14.10 Within 84 days of Taking-Over Certificate, Contractor provides Statement at Completion yes Clause 14.10 Engineer certifies IPC as per Clause 14.6 above yes 50% of retention released Interim Payment Certificates Initial Finalisation Process Note: Schedule of Payment approach Clause 14.4, may be written into the FIDIC 1999 PAYMENT CERTIFICATES – CLAUSE 14.3 Clause 14.11 Within 56 days of issue of Performance Certificate Contractor submits draft final statement yes Clause14.11 Engineer agrees with draft? no Clause 14.11 Contractor submits further information yes Clause 14.11 Engineer agrees with revised draft? no Clause 14.11 Engineer certifies IPC as per Clause 14.11 for parts not in dispute Dispute then setlled as per Clause 20.4 or 20.5 yes Clause 14.7 Employer pays IPC within 28 days no Clause 14.8 Contractor entitled to interest at rate stated in Appendix no yes yes unspecified yes Note: Upon the issue of the Taking-Over Certificate, one half of the Retention Money shall certified by the Engineer for payment to the Contractor Upon the expiration of the Defects Notification Period, the other half of the Retention Money shall certified by the Engineer for payment to the Contractor unless there is outstanding work pursuant to Clauses 11 and 14.9. Copyright Cardno MBK International Pty Ltd Clause 14.8 Contractor entitled to interest at rate stated in Appendix Clause 14.11 Contractor submits Final Statement Clause 14.12 Contractor submits written discharge Clause 14.13 Engineer issues Final Payment Certificate to Employer, copy to Contractor within 28 days Final Payment Certificate yes Clause 14.7 Employer pays FPC within 56 days no FIDIC 1999 PAYMENT CERTIFICATES – CLAUSE 14.11
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