Conditions of Contract for CONSTRUCTION FOR BUILDING AND ENGINEERING WORKS DESIGNED BY THE EMPLOYER Multilateral Development Bank Harmonised Edition March 2006 General Conditions This publication is exclusive for use as provided under a Licence Agreement between a Participating Bank and FIDIC, and, consequently, no part of this publication may be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by any means, whether mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing from FIDIC To request such permission, please contact: FIDIC, Case Postale 311, CH-1215 Geneva 15, Switzerland; Tel +41 22 799 49 00; Fax +41 22 799 49 01; E-mail: fidic@fidic.org FIDIC is not responsible for the accuracy or completeness of translations of this publication unless such translation explicitly indicates otherwise FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINIGUNG BERATENDER INGENIEURE FEDERACION INTERNACIONAL DE INGENIEROS CONSULTORES General Conditions CONTENTS Definitions listed alphabetically GENERAL PROVISIONS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 Definitions Interpretation Communications Law and Language Priority of Documents Contract Agreement Assignment Care and Supply of Documents Delayed Drawings or Instructions Employer’s Use of Contractor’s Documents Contractor’s Use of Employer’s Documents Confidential Details Compliance with Laws Joint and Several Liability Inspections and Audit by the Bank THE EMPLOYER 2.1 2.2 2.3 2.4 2.5 Right of Access to the Site Permits, Licences or Approvals Employer’s Personnel Employer’s Financial Arrangements Employer’s Claims THE ENGINEER 11 3.1 3.2 3.3 3.4 3.5 Engineer’s Duties and Authority Delegation by the Engineer Instructions of the Engineer Replacement of the Engineer Determinations THE CONTRACTOR 13 4.1 4.2 Contractor’s General Obligations Performance Security © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions i 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 Contractor’s Representative Subcontractors Assignment of Benefit of Subcontract Co-operation Setting Out Safety Procedures Quality Assurance Site Data Sufficiency of the Accepted Contract Amount Unforeseeable Physical Conditions Rights of Way and Facilities Avoidance of Interference Access Route Transport of Goods Contractor’s Equipment Protection of the Environment Electricity, Water and Gas Employer’s Equipment and Free-Issue Materials Progress Reports Security of the Site Contractor’s Operations on Site Fossils NOMINATED SUBCONTRACTORS 22 5.1 5.2 5.3 5.4 Definition of “nominated Subcontractor” Objection to Nomination Payments to nominated Subcontractors Evidence of Payments STAFF AND LABOUR 23 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 Engagement of Staff and Labour Rates of Wages and Conditions of Labour Persons in the Service of Employer Labour Laws Working Hours Facilities for Staff and Labour Health and Safety Contractor’s Superintendence Contractor’s Personnel Records of Contractor’s Personnel and Equipment Disorderly Conduct Foreign Personnel Supply of Foodstuffs Supply of Water Measures against Insect and Pest Nuisance Alcoholic Liquor or Drugs Arms and Ammunition Festival and Religious Customs Funeral Arrangements Prohibition of Forced or Compulsory Labour Prohibition of Harmful Child Labour 6.22 Employment Records of Workers ii © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions PLANT, MATERIALS AND WORKMANSHIP 27 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Manner of Execution Samples Inspection Testing Rejection Remedial Work Ownership of Plant and Materials Royalties COMMENCEMENT, DELAYS AND SUSPENSION 30 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 Commencement of Works Time for Completion Programme Extension of Time for Completion Delays Caused by Authorities Rate of Progress Delay Damages Suspension of Work Consequences of Suspension Payment for Plant and Materials in Event of Suspension Prolonged Suspension Resumption of Work TESTS ON COMPLETION 33 9.1 9.2 9.3 9.4 Contractor’s Obligations Delayed Tests Retesting Failure to Pass Tests on Completion 10 EMPLOYER’S TAKING OVER 34 10.1 10.2 10.3 10.4 Taking Over of the Works and Sections Taking Over of Parts of the Works Interference with Tests on Completion Surfaces Requiring Reinstatement 11 DEFECTS LIABILITY 36 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 Completion of Outstanding Work and Remedying Defects Cost of Remedying Defects Extension of Defects Notification Period Failure to Remedy Defects Removal of Defective Work Further Tests Right of Access Contractor to Search Performance Certificate Unfulfilled Obligations 11.11 Clearance of Site © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions iii 12 MEASUREMENT AND EVALUATION 39 12.1 12.2 12.3 12.4 Works to be Measured Method of Measurement Evaluation Omissions 13 VARIATIONS AND ADJUSTMENTS 40 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 Right to Vary Value Engineering Variation Procedure Payment in Applicable Currencies Provisional Sums Daywork Adjustments for Changes in Legislation Adjustments for Changes in Cost 14 CONTRACT PRICE AND PAYMENT 45 14.1 The Contract Price 14.2 Advance Payment 14.3 Application for Interim Payment Certificates 14.4 Schedule of Payments 14.5 Plant and Materials intended for the Works 14.6 Issue of Interim Payment Certificates 14.7 Payment 14.8 Delayed Payment 14.9 Payment of Retention Money 14.10 Statement at Completion 14.11 Application for Final Payment Certificate 14.12 Discharge 14.13 Issue of Final Payment Certificate 14.14 Cessation of Employer’s Liability 14.15 Currencies of Payment 15 TERMINATION BY EMPLOYER 52 15.1 15.2 15.3 15.4 15.5 15.6 Notice to Correct Termination by Employer Valuation at Date of Termination Payment after Termination Employer’s Entitlement to Termination for Convenience Corrupt or Fraudulent Practices 16 SUSPENSION AND TERMINATION BY CONTRACTOR 55 16.1 16.2 16.3 16.4 Contractor’s Entitlement to Suspend Work Termination by Contractor Cessation of Work and Removal of Contractor’s Equipment Payment on Termination 17 RISK AND RESPONSIBILITY 57 17.1 Indemnities 17.2 Contractor’s Care of the Works iv © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions 17.3 17.4 17.5 17.6 17.7 Employer’s Risks Consequences of Employer’s Risks Intellectual and Industrial Property Rights Limitation of Liability Use of Employer’s Accommodation/Facilities 18 INSURANCE 60 18.1 18.2 18.3 18.4 General Requirements for Insurances Insurance for Works and Contractor’s Equipment Insurance against Injury to Persons and Damage to Property Insurance for Contractor’s Personnel 19 FORCE MAJEURE 63 19.1 19.2 19.3 19.4 19.5 19.6 19.7 Definition of Force Majeure Notice of Force Majeure Duty to Minimise Delay Consequences of Force Majeure Force Majeure Affecting Subcontractor Optional Termination, Payment and Release Release from Performance 20 CLAIMS, DISPUTES AND ARBITRATION 65 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 Contractor’s Claims Appointment of the Dispute Board Failure to Agree on the Composition of the Dispute Board Obtaining Dispute Board’s Decision Amicable Settlement Arbitration Failure to Comply with Dispute Board’s Decision Expiry of Dispute Board’s Appointment APPENDIX: DISPUTE BOARD 70 General Conditions of Dispute Board Agreement Annex: Procedural Rules INDEX OF SUB-CLAUSES 77 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions v Definitions listed alphabetically 1.1.4.1 Accepted Contract Amount 1.1.4.7 Interim Payment Certificate 1.1.2.11 Bank 1.1.6.5 Laws 1.1.3.1 Base Date 1.1.1.3 Letter of Acceptance 1.1.1.9 Bill of Quantities 1.1.1.4 Letter of Tender 1.1.2.12 Borrower 1.1.4.8 Local Currency 1.1.3.2 Commencement Date 1.1.5.3 Materials 1.1.1.1 Contract 1.1.2.1 Party 1.1.1.2 Contract Agreement 1.1.4.9 Payment Certificate 1.1.1.10 Contract Data 1.1.3.8 Performance Certificate 1.1.4.2 Contract Price 1.1.6.6 Performance Security 1.1.2.3 Contractor 1.1.5.4 Permanent Works 1.1.6.1 Contractor’s Documents 1.1.5.5 Plant 1.1.5.1 Contractor’s Equipment 1.1.4.10 Provisional Sum 1.1.2.7 Contractor’s Personnel 1.1.4.11 Retention Money 1.1.2.5 Contractor’s Representative 1.1.1.7 Schedules 1.1.4.3 Cost 1.1.1.9 Schedule, Payment Currencies 1.1.6.2 Country 1.1.5.6 Section 1.1.2.9 DB 1.1.6.7 Site 1.1.3.9 day 1.1.1.5 Specification 1.1.1.9 Daywork Schedule 1.1.4.12 Statement 1.1.3.7 Defects Notification Period 1.1.2.8 Subcontractor 1.1.1.6 Drawings 1.1.3.5 Taking-Over Certificate 1.1.2.2 Employer 1.1.5.7 Temporary Works 1.1.6.3 Employer’s Equipment 1.1.1.8 Tender 1.1.2.6 Employer’s Personnel 1.1.3.6 Tests after Completion 1.1.2.4 Engineer 1.1.3.4 Tests on Completion 1.1.2.10 FIDIC 1.1.3.3 Time for Completion 1.1.4.4 Final Payment Certificate 1.1.6.8 Unforeseeable 1.1.4.5 Final Statement 1.1.6.9 Variation 1.1.6.4 Force Majeure 1.1.5.8 Works 1.1.4.6 Foreign Currency 1.1.3.9 year 1.1.5.2 Goods vi © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions General Conditions Ge 1.1 Definitions 1.1.1 The Contract neral Provisions In the Conditions of Contract (“these Conditions”), which include Particular Conditions, Parts A and B, and these General Conditions, the following words and expressions shall have the meanings stated Words indicating persons or parties include corporations and other legal entities, except where the context requires otherwise 1.1.1.1 “Contract” means the Contract Agreement, the Letter of Acceptance, the Letter of Tender, these Conditions, the Specification, the Drawings, the Schedules, and the further documents (if any) which are listed in the Contract Agreement or in the Letter of Acceptance 1.1.1.2 “Contract Agreement” means the contract agreement referred to in SubClause 1.6 [ Contract Agreement ] 1.1.1.3 “Letter of Acceptance” means the letter of formal acceptance, signed by the Employer, of the Letter of Tender, including any annexed memoranda comprising agreements between and signed by both Parties If there is no such letter of acceptance, the expression “Letter of Acceptance” means the Contract Agreement and the date of issuing or receiving the Letter of Acceptance means the date of signing the Contract Agreement 1.1.1.4 “Letter of Tender” means the document entitled letter of tender or letter of bid, which was completed by the Contractor and includes the signed offer to the Employer for the Works 1.1.1.5 “Specification” means the document entitled specification, as included in the Contract, and any additions and modifications to the specification in accordance with the Contract Such document specifies the Works 1.1.1.6 “Drawings” means the drawings of the Works, as included in the Contract, and any additional and modified drawings issued by (or on behalf of) the Employer in accordance with the Contract 1.1.1.7 “Schedules” means the document(s) entitled schedules, completed by the Contractor and submitted with the Letter of Tender, as included in the Contract Such document may include the Bill of Quantities, data, lists, and schedules of rates and/or prices 1.1.1.8 “Tender” means the Letter of Tender and all other documents which the Contractor submitted with the Letter of Tender, as included in the Contract 1.1.1.9 “Bill of Quantities”, “Daywork Schedule” and “Schedule of Payment Currencies” mean the documents so named (if any) which are comprised in the Schedules 1.1.1.10 “Contract Data” means the pages completed by the Employer entitled contract data which constitute Part A of the Particular Conditions © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions 76 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions INDEX OF SUB-CLAUSES Sub-Clause Accepted Contract Amount, Sufficiency of the Access Route Access to the Site Access, Right of Accommodation/Facilities, Use of Employer's Adjustments for Changes in Cost Adjustments for Changes in Legislation Adjustments, Variations and Advance Payment Alcoholic Liquor Amicable Settlement Ammunition Applicable Currencies, Payment in Application for Final Payment Certificate Application for Interim Payment Certificates Appointment of the Dispute Board Approvals Arbitration Arms Assignment of Benefit of Subcontract Assignment Audit by the Bank Avoidance of Interference Bank Benefit of Subcontract Care and Supply of Documents Certificate, Application for Final Payment Certificate, Issue of Final Payment Certificate, Performance Certificates, Application for Interim Payment Cessation of Employer’s Liability Cessation of Work and Removal of Contractor’s Equipment Changes in Cost, Adjustments for Changes in Legislation, Adjustments for Child Labour, Harmful, Prohibition of Claims, Contractor’s Claims, Disputes and Arbitration Clearance of Site Commencement Commencement of Works Communications Completion of Outstanding Work and Remedying Defects Completion, Statement at Completion, Tests on Completion, Tests, Failure to Pass Completion, Time for Page 4.11 4.15 2.1 11.7 17.7 13.8 13.7 13 14.2 6.16 20.5 6.17 13.4 14.11 14.3 20.2 2.2 20.6 6.17 4.5 1.7 1.15 4.14 17 19 38 59 43 43 40 45 26 68 26 42 50 46 66 68 26 16 19 1.15 4.5 16 1.8 14.11 14.13 11.9 14.3 14.14 16.3 13.8 13.7 6.21 2.5 20.1 20 11.11 8.1 1.3 11.1 14.10 9.4 50 51 38 46 51 56 43 43 27Claims 10 65 65 38 30 30 36 50 33 34 8.2 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions 30 77 78 Completion, Time, Extension of Compliance with Laws Confidential Details Consequences of Employer’s Risks Consequences of Force Majeure Consequences of Suspension Contract Contract Agreement Contract Amount, Accepted Contract Price and Payment Contract Price Contractor to Search Contractor Contractor, Termination by Contractor’s Care of the Works Contractor’s Claims Contractor’s Documents Contractor’s Entitlement to Suspend Work Contractor’s Equipment Contractor’s Equipment, Cessation of Work and Removal of Contractor’s Equipment, Insurance for Works and Contractor’s General Obligations Contractor’s Obligations Contractor’s Operations on Site Contractor’s Personnel and Equipment, Records of Contractor’s Personnel Contractor’s Personnel, Insurance for Contractor’s Representative Contractor’s Superintendence Contractor’s Use of Employer’s Documents Co-operation Corrupt or Fraudulent Practices Cost of Remedying Defects Cost, Adjustments for Changes in Currencies of Payment 8.4 1.13 1.12 17.4 19.4 8.9 1.1.1 1.6 4.11 14 14.1 11.8 16.2 17.2 20.1 1.10 16.1 4.17 16.3 18.2 4.1 9.1 4.23 6.10 6.9 18.4 4.3 6.8 1.11 4.6 15.6 11.2 13.8 14.15 31 8 58 64 32 17 45 45 38 13 55 57 65 55 19 56 61 13 33 21 26 25 63 14 25 16 54 36 43 52 Damage to Property, Insurance against Injury to Persons and Damages, Delay Date of Termination, Valuation at Dates, Tests, Periods and Completion Daywork Defective Work, Removal Defects Liability Defects Notification Period, Extension Defects, Remedy, Failure to Defects, Remedying Defects, Remedying, Cost of Definition of Force Majeure Definition, Nominated Subcontractor Definitions Delay Damages Delay, Duty to Minimise Delayed Drawings or Instructions Delayed Payment Delayed Tests Delays 18.3 8.7 15.3 1.1.3 13.6 11.5 11 11.3 11.4 11.1 11.2 19.1 5.1 1.1 8.7 19.3 1.9 14.8 9.2 62 32 53 42 37 36 37 37 36 36 63 22 32 64 49 33 30 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions Delays Caused by Authorities Delegation by the Engineer Determinations Discharge Disorderly Conduct Dispute Board, Appointment of the Dispute Board, Failure to Agree on the Composition of Dispute Board’s Appointment, Expiry of Dispute Board’s Decision, Failure to Comply with Dispute Board’s Decision, Obtaining 8.5 3.2 3.5 14.12 6.11 20.2 20.3 20.8 20.7 20.4 31 12 13 51 26 66 67 69 69 67 Disputes Drugs 20 6.16 65 26 Duty to Minimise Delay 19.3 64 Electricity Employer Employer, Termination by Employer’s Accommodation/Facilities, Use of Employer’s Claims Employer’s Documents Employer’s Entitlement to Termination for Convenience Employer’s Equipment Employer’s Liability, Cessation of Employer’s Liability, Cessation of Employer’s Personnel Employer’s Risks 4.19 15.2 17.7 2.5 1.11 15.5 4.20 2.4 14.14 2.3 17.3 20 52 59 10 54 20 10 51 10 58 Employer’s Risks, Consequences of Employer’s Taking Over Employer’s Use of Contractor’s Documents Employment Records of Workers Engagement of Staff and Labour Engineer Engineer, Delegation Engineer, Instructions Engineer, Replacement Engineer’s Duties and Authority Engineering, Value Entitlement to Termination for Convenience, Employer’s Environment, Protection of Equipment, Contractor’s Equipment, Employer’s Equipment, Records of Evaluation Evaluation, Measurement and Evidence of Payments Execution, Manner of Expiry of Dispute Board’s Appointment Extension of Defects Notification Period Extension of Time for Completion 17.4 10 1.10 6.22 6.1 3.2 3.3 3.4 3.1 13.2 15.5 4.18 4.17 4.20 6.10 12.3 12 5.4 7.1 20.8 11.3 8.4 58 34 27 23 11 12 12 13 11 41 54 20 19 20 26 39 39 23 27 69 37 31 Facilities Failure to Failure to Failure to Failure to Festivals 4.13 20.3 20.7 9.4 11.4 6.18 18 67 69 34 37 27 Agree on the Composition of the Dispute Board Comply with Dispute Board’s Decision Pass Tests on Completion Remedy Defects © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions 79 Final Payment Certificate, Application for Final Payment Certificate, Issue of Financial Arrangements Foodstuffs, Supply of Force Majeure Force Majeure Affecting Subcontractor Force Majeure, Consequences of Force Majeure Definition of Force Majeure, Notice of Foreign Personnel Fossils Fraudulent Practices, Corrupt or Free-Issue Materials Funeral Arrangements Further Tests, 14.11 14.13 2.4 6.13 19 19.5 19.4 19.1 19.2 6.12 4.24 15.6 4.20 6.19 11.6 50 51 10 26 63 64 64 63 63 26 22 54 20 27 37 Gas General Provisions General Requirements for Insurances Goods, Transport of 4.19 18.1 4.16 20 60 19 Health and Safety Harmful, Child Labour, Prohibition of 6.7 6.21 24 27 17.1 18.3 6.15 7.3 1.15 3.3 1.9 18 18.3 18.4 18.2 18.1 17.5 10.3 4.14 14.3 14.6 1.2 14.13 14.6 57 62 26 27 12 60 62 63 61 60 58 36 19 46 48 51 48 Joint and Several Liability 1.14 Labour Labour Laws Labour, Conditions of Labour, Engagement Labour, Facilities for Labour, Prohibition of Forced or Compulsory Labour, Prohibition of Harmful Child Law and Language Laws 6.4 6.2 6.1 6.6 6.20 6.21 1.4 1.13 23 24 23 23 24 27 27 Indemnities Injury to Persons and Damage to Property, Insurance against Insect and Pest Nuisance, Measures against Inspection Inspections and Audit by the Bank Instructions of the Engineer Instructions Insurance Insurance against Injury to Persons and Damage to Property Insurance for Contractor’s Personnel Insurance for Works and Contractor’s Equipment Insurances, General Requirements for Intellectual and Industrial Property Rights Interference with Tests on Completion Interference, Avoidance Interim Payment Certificates, Application for Interim Payment Certificates, Issue of Interpretation Issue of Final Payment Certificate Issue of Interim Payment Certificates 80 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions Laws, Labour Legislation, Adjustments for Changes in Liability 6.4 13.7 1.14 23 43 Liability, Cessation of Employer’s Liability, Defects Liability, Limitation of Licences Limitation of Liability 14.14 11 17.6 2.2 17.6 51 36 59 59 Materials Materials, Free Issue Materials intended for the Works, Plant and Materials, Ownership of Measurement and Evaluation Measurement, Method of Method of Measurement Money and Payments Money, Payment of Retention 4.20 14.5 7.7 12 12.2 12.2 1.1.4 14.9 27 20 47 29 39 39 39 49 Nominated Subcontractor, Definition of Nominated Subcontractors Nominated Subcontractors, Payments to Nomination, Objection to Notice of Force Majeure Notice to Correct 5.1 5.3 5.2 19.2 15.1 22 22 23 22 63 52 Objection to Nomination Obligations, General, Contractor’s Obligations, Contractors Obligations, Unfilled Obtaining Dispute Board’s Decision Omissions Optional Termination, Payment and Release Other Definitions Ownership of Plant and Materials 5.2 4.1 9.1 11.10 20.4 12.4 19.6 1.1.6 7.7 22 13 33 38 67 40 64 29 Parties and Persons Parts of the Works, Taking Over of Payment Payment, Advance Payment, Currencies of Payment Certificate, Application for Final Payment Certificate, Issue of Final Payment Certificates, Application for Interim Payment, Delayed Payments, Evidence of Payment for Plant and Materials in Event of Suspension Payment in Applicable Currencies Payment and Release , Optional Termination Payment of Retention Money Payment after Termination Payment on Termination Payments to Nominated Subcontractors Payments, Schedule of Performance Certificate 1.1.2 10.2 14 14.2 14.15 14.11 14.13 14.3 14.8 5.4 8.10 13.4 19.6 14.9 15.4 16.4 5.3 14.4 11.9 35 45 45 52 50 51 46 49 23 33 42 64 49 52 56 23 47 38 Performance Security 4.2 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions 14 81 Performance, Release from Permits, Licences or Approvals Personnel, Foreign Personnel, Records of Persons Physical Conditions, Unforseeable Plant, Materials and Workmanship Plant and Materials intended for the Works Plant and Materials, Payment in Event of Suspension Plant, Ownership of Price, Contract Priority of Documents Procedure, Variation Programme Progress Reports Prohibition of Forced or Compulsory Labour Prohibition of Harmful Child Labour Property Rights, Intellectual and Industrial Property, Insurance against Injury to Persons and Damage to Protection of the Environment Provisional Sums Provisions, General Quality Assurance Rate of Progress Records of Contractor’s Personnel and Equipment Records, Employment, Records of Reinstatement, Surfaces Requiring Rejection Release from Performance Religious Customs Remedial Work Remedy Defects, Failure to Remedying Defects, Cost of Removal of Contractor’s Equipment, Cessation of Work and Removal of Defective Work Replacement of the Engineer Reports, Progress Representative, Contractor’s Responsibility Resumption of Work Retention Money, Payment of Retesting Right of Access to the Site Right of Access Right to Vary Rights of Way Risk and Responsibility Risks, Employer’s Royalties Safety Safety Procedures Samples Schedule of Payments 19.7 2.2 6.12 6.10 1.1.2 4.12 14.5 8.10 7.7 14.1 1.5 13.3 8.3 4.21 6.20 6.21 17.5 18.3 4.18 13.5 65 26 26 18 27 47 33 29 45 41 30 20 27 27 58 62 20 42 4.9 17 8.6 6.10 6.22 10.4 7.5 19.7 6.18 7.6 11.4 11.2 16.3 11.5 3.4 4.21 4.3 17 8.12 14.9 9.3 2.1 11.7 13.1 4.13 17 17.3 32 26 27 36 29 65 27 29 37 36 56 37 13 20 14 57 33 49 34 38 40 18 57 58 7.8 29 6.7 4.8 7.2 14.4 24 16 27 47 82 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions Search, Contractor to Sections, Taking Over of Security of the Site Security, Performance Service of Employer, Persons in Setting Out Site Site Data Site, Clearance of Site, Contractor’s Operations on 11.8 10.1 4.22 4.2 6.3 4.7 2.1 4.10 11.11 4.23 38 34 21 14 24 16 17 38 21 Site, Security of Staff Staff, Engagement Staff, Facilities for Statement at Completion Subcontract Subcontractor, Force Majeure Affecting Subcontractors Subcontractors, Nominated Sufficiency of the Accepted Contract Amount Superintendence, Contractor’s Supply of Foodstuffs Supply of Water Surfaces Requiring Reinstatement Suspend Work, Contractor’s Entitlement to 4.22 6.1 6.6 14.10 4.5 19.5 4.4 4.11 6.8 6.13 6.14 10.4 16.1 21 23 23 24 50 16 64 15 22 17 25 26 26 36 55 Suspension Suspension and Termination by Contractor Suspension of Work Suspension, Consequences of Suspension, Payment, Plant and Materials in Event of Suspension, Prolonged 16 8.8 8.9 8.10 8.11 30 55 32 32 33 33 Taking Over of Parts of the Works Taking Over of the Works and Sections Taking Over, Employer’s Termination by Contractor Termination by Contractor Termination by Employer Termination by Employer Termination for Convenience, Employer’s Entitlement to Termination, Payment after Termination, Payment and Release, Optional Termination, Payment on Termination, Valuation at Date of Testing Tests on Completion Tests on Completion, Failure to Pass Tests on Completion, Interference with Tests, Delayed Tests, Further Time for Completion Time for Completion, Extension Transport of Goods 10.2 10.1 10 16 16.2 15 15.2 15.5 15.4 19.6 16.4 15.3 7.4 9.4 10.3 9.2 11.6 8.2 8.4 4.16 35 34 34 55 55 52 52 54 53 64 56 53 28 33 33 36 33 37 30 31 19 Unforeseeable Physical Conditions Unfulfilled Obligations 4.12 11.10 18 38 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions 83 Use of Employer’s Accommodation/Facilities 17.7 59 Valuation at Date of Termination Value Engineering Variation Procedure Variations and Adjustments Vary, Right to 15.3 13.2 13.3 13 13.1 53 41 41 40 40 Wages, Rates of Water Water, Supply of Work, Contractor’s Entitlement to Suspend Work, Outstanding, Completion of Work, Resumption of Work, Suspension of Workers, Employment Records of Working Hours Workmanship Works and Goods Works and Sections, Taking Over of Works to be Measured Works, Commencement Works, Contractor’s Care of Works, Part of, Taking Over Works, Plant and Materials intended for the 6.2 4.19 6.14 16.1 11.1 8.12 8.8 6.22 6.5 1.1.5 10.1 12.1 8.1 17.2 10.2 14.5 23 20 26 55 36 33 32 27 24 27 34 39 30 57 35 47 84 © FIDIC 2006 MDB Harmonised Conditions of Contract for Construction March 2006 - General Conditions