By Michael D. Robinson
This consultant may also help the contractor’s employees conquer a few of the problems encountered on a customary overseas agreement utilizing FIDIC forms.The majority of FIDIC-based contracts use the pink ebook (Conditions of agreement for Construction), so this booklet concentrates at the use of these specific types. Supplementary reviews are integrated in Appendix C for the Yellow ebook (Plant & Design-Build) prompt to be used the place the contractor has a layout accountability. The Contractor is represented on web site through the Contractor’s consultant who contains the general accountability for the entire Contractor’s on-site actions. so as to offer suggestions to the Contractor’s consultant and his employees, this booklet is split into 5 sections:• A summarized normal overview of the purple booklet from the Contractor’s perspective.• A evaluation of the actions and tasks of the Contractor’s consultant within the similar clause sequencing as they seem within the purple Book.• A precis of those actions and tasks yet prepared so as in their most likely time series on website. This has the further goal of delivering the Contractor’s consultant with a method of making sure that files aren't simply safely supplied to the enterprise and Engineer, yet most significantly that they're supplied in the closing dates laid out in the Contract.• A number of version letters is equipped which make connection with a few of the clauses of the agreement requiring the Contractor to make submissions to the agency or Engineer.• Various appendices.The consultant isn't really meant to be a overview of the criminal facets of FIDIC- dependent contracts; felony recommendation will be acquired as and whilst invaluable, rather if the Contractor has very little wisdom of the neighborhood law.Armed on website with a duplicate of The Contractor and the FIDIC agreement, the Contractor’s consultant should be extra capable of steer clear of contractual difficulties instead of spend enormous time and effort resolving these difficulties after they have arisen.
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Extra info for A Contractor's Guide to the FIDIC Conditions of Contract
Although it may not be stated in the Contract, it may be assumed that the Engineer’s service agreement will similarly limit the work hours of his staff. Should the Contractor request permission to work outside the stated hours, his request may be rejected or he may be required to pay the additional cost of overtime hours worked by the Engineer’s staff. However, it is not the practice of employers to provide details of the overtime rates applicable to the Engineer’s staff which would enable the Contractor to make a proper evaluation, so that an allowance could be made in the Tender.
29 The Contractor’s obligations to safeguard the Free-Issue Material after handover ‘shall not relieve the Employer of his liability for any shortage, defect or default not apparent from a visual inspection’. The Contractor should ensure that he has insurances to cover his liabilities for safeguarding the Employer’s Equipment. 21 Progress Reports It has long been a requirement of most contracts that the Contractor prepares monthly progress reports for submittal to the Engineer. By this sub-clause FIDIC has now introduced formality and structure to this reporting system.
In addition, although not stated in this sub-clause, the Contractor necessarily may need to safeguard his assets both on or off Site including office and accommodation areas. There is no specific statement that the Contractor has to safeguard the assets of the Employer or Engineer (or their staff) on Site. Nonetheless, good security is of benefit to the Site and the companies employed there, and a pragmatic approach to the security of all is recommended. There may also be insurance issues to be considered.