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Fidic silver book epc turnkey contract download |
Fidic silver book epc turnkey contract download
English Pages [] Year Written by a leading expert in the field, this practical book offers a comprehensive understanding of the impact of extr. Discover all the amazing things you can do with Arduino Arduino is a programmable circuit board that is being used by ev. Discover all the amazing things you can do with Arduino Arduino is a programmable circuit board that is being used by e.
We often assume that works of visual art are meant to be seen. Yet that assumption may be a modern prejudice. The ancien. All rights reserved. No part of a FIDIC publication can be reproduced, translated, adapted, stored in a retrieval system or communicated, in any form or by any means, mechanical, electronic, magnetic, photocopying, recording or otherwise, without prior permission in writing from FIDIC.
It creates resources for providing a wide range of services meeting the business needs of member firms.
All steps, starting with the initial drafting of publications, often require considerable effort and expense. FIDIC regularly updates and reissues publications so that users can profit from the state-of-the-art. The use of authentic publications is therefore essential for safeguarding their interests.
FIDIC discourages modification of its publications, and only in exceptional circumstances will it authorise modification, reproduction or incorporation elsewhere.
A license to prepare a modified or adapted publication will be agreed to under certain conditions. Specifically the modified or adapted publication must be for internal purposes, and not be published or distributed commercially. FIDIC publications are not exhaustive and are only intended to provide general guidance. They should not be relied upon in a specific situation or issue. Expert legal advice should be obtained whenever appropriate, and particularly before entering into or terminating a contract.
Acknowledgement of all reviewers above does not mean that such persons or organisations approve the wording of all clauses. FIDIC very much appreciates the time and effort devoted by all the above persons.
This Second Edition of the FIDIC Silver Book maintains the principles of risk sharing established in the edition, while seeking to build on the substantial experience gained from its use over the past 18 years. Essential items of information which are particular to each individual contract are to be included in the Particular Conditions Part A — Contract Data.
In addition it is recognised that many Employers, especially governmental agencies, may require special conditions of contract, or particular procedures, which differ from those included in the General Conditions.
These should be included in Part B — Special Provisions. In drafting Special Provisions, if clauses in the General Conditions are to be replaced or supplemented and before incorporating any example wording, Employers are urged to seek legal and engineering advice in an effort to avoid ambiguity and to ensure completeness and consistency with the other provisions of the contract.
The charts are illustrative, however, and must not be taken into consideration in the interpretation of the Conditions of Contract. Drafters of contract documents are reminded that the General Conditions of all FIDIC contracts are protected by copyright and trademark and may not be changed without specific written consent, usually in the form of a licence to amend, from FIDIC.
If drafters wish to amend the provisions found in the General Conditions, the place for doing this is in the Particular Conditions Part B — Special Provisions, as mentioned above, and not by making changes in the General Conditions as published. The Time for Completion is to be stated in the Contract Data as a number of days, to which is added any extensions of time under Sub-Clause 8.
In order to indicate the sequence of events, the above diagram is based upon the example of the Contractor failing to comply with Sub-Clause 8.
The Defects Notification Period is to be stated in the Contract Data as a number of days, to which is added any extensions under Sub-Clause Depending on the type of Works, Tests after Completion may also be required.
The marginal words and other headings shall not be taken into consideration in the interpretation of these Conditions. However, if the recipient gives a Notice of another address, all Notices and other communications shall be delivered accordingly after the sender receives such Notice. An electronically transmitted Notice or other communication is deemed to have been received on the day after transmission, provided no non-delivery notification was received by the sender.
All Notices, and all other types of communication referred to above, shall not be unreasonably withheld or delayed. The ruling language of the Contract shall be that stated in the Contract Data if not stated, the language of these Conditions. If no language is stated there, the language for communications shall be the ruling language of the Contract. The documents forming the Contract are to be taken as mutually explanatory of one another.
If there is any conflict, ambiguity or discrepancy, the priority of the documents shall be in accordance with the following sequence: a b c d e f g h i If a Party finds an ambiguity or discrepancy in the documents, that Party shall promptly give a Notice to the other Party, describing the ambiguity or discrepancy.
After giving or receiving such Notice, the Employer shall issue the necessary clarification or instruction. The costs of stamp duties and similar charges if any imposed by law in connection with entry into the Contract Agreement shall be borne by the Employer. Neither Party shall assign the whole or any part of the Contract or any benefit or interest in or under the Contract. However, either Party: a b 1. If a Party becomes aware of an error or defect whether of a technical nature or otherwise in a document which was prepared by or on behalf of the Contractor for use in the execution of the Works, the Party shall promptly give a Notice of such error or defect to the other Party.
The Contractor and the Employer shall, in performing the Contract, comply with all applicable Laws. This Sub-Clause shall not limit liability in any case of fraud, gross negligence, deliberate default or reckless misconduct by the defaulting Party. The right and possession may not be exclusive to the Contractor. However, the Employer may withhold any such right or possession until the Performance Security has been received.
If no such time is stated in the Contract Data, the Employer shall give the Contractor right of access to, and possession of, the Site with effect from the Commencement Date. The authority shall not take effect until this Notice has been received by both Parties. The assignment, delegation or revocation shall not take effect until this Notice has been received by the Contractor. Any acceptance, agreement, approval, check, certificate, comment, consent, disapproval, examination, inspection, instruction, Notice, No-objection, record s of meeting, permission, proposal, record, reply, report, request, Review, test, valuation, or similar act including the absence of any such act by a delegated person, in accordance with the Notice of delegation, shall have the same effect as though the act had been an act of the Employer.
Each instruction shall state the obligation s to which it relates and the Sub-Clause or other term of the Contract in which the obligation s are specified. If an instruction states that it constitutes a Variation, Sub-Clause If not so stated, and the Contractor considers that the instruction: a b the Contractor shall immediately, and before commencing any work related to the instruction, give a Notice to the Employer with reasons.
If the Employer does not respond within 7 days or such other time as may be agreed between the Parties after receiving this Notice, by giving a Notice confirming, reversing or varying the instruction, the Employer shall be deemed to have revoked the instruction. Within the time limit for determination under Sub-Clause 3. If an agreement or determination concerns the payment of an amount from one Party to the other Party, the Contractor shall include such an amount in the next Statement and the Employer shall include such amount in the next payment under Sub-Clause Thereafter, the corrected agreement or determination shall be treated as the agreement or determination for the purpose of these Conditions.
The Employer shall keep a record of each management meeting and supply copies of the record to those attending. At any such meeting, and in the record, responsibilities for any actions to be taken shall be in accordance with the Contract.
The Contractor shall, whenever required by the Employer, submit details of the arrangements and methods which the Contractor proposes to adopt for the execution of the Works. No significant alteration to these arrangements and methods shall be made without this alteration having been submitted to the Employer.
If no amount is stated in the Contract Data, this Sub-Clause shall not apply. The Contractor shall ensure that the Performance Security remains valid and enforceable until the issue of the Performance Certificate and the Contractor has complied with Sub-Clause If the terms of the Performance Security specify an expiry date, and the Contractor has not become entitled to receive the Performance Certificate by the date 28 days before the expiry date, the Contractor shall extend the validity of the Performance Security until the issue of the Performance Certificate and the Contractor has complied with Sub-Clause FORMS 4.
These amounts plus other charges shall be included in the Contract Price in accordance with sub-paragraph b of Sub-Clause Thereafter, the Employer shall give a Notice to the Contractor stating the amount paid directly to the nominated Subcontractor by the Employer and, in the next interim payment after this Notice, shall include this amount as a deduction under sub-paragraph b of Sub-Clause The Contractor shall set out the Works in relation to the items of reference under Sub-Clause 2.
The Contractor shall: a b c 4. This manual shall be in addition to any other similar document required under applicable health and safety regulations and Laws. Each revision of the manual shall be submitted promptly to the Employer. Thereafter, whenever the QM System is updated or revised, a copy shall promptly be submitted to the Employer. The Contractor shall submit to the Employer a report listing the results of each internal audit within 7 days of completion.
In the event that any inspection or test identifies a non-compliance with the Contract, Sub-Clause 7. Except as otherwise stated in the Particular Conditions: a the Contractor shall be deemed to have obtained all necessary information as to risks, contingencies and other circumstances which may influence or affect the Works; b by signing the Contract Agreement, the Contractor accepts total responsibility for having foreseen all difficulties and costs of successfully completing the Works; and c the Contract Price shall not be adjusted to take account of any Unforeseeable or unforeseen difficulties or costs.
The Contractor shall be deemed to have been satisfied, at the Base Date, as to the suitability and availability of the access routes to the Site. These measures shall include the proper use of appropriate vehicles conforming to legal load and width limits if any and any other restrictions and routes.
In addition to any Notice given under Sub-Clause 4. The Contractor shall, except as stated below, be responsible for the provision of all temporary utilities, including electricity, gas, telecommunications, water and any other services the Contractor may require for the execution of the Works. The first report shall cover the period up to the end of the first month following the Commencement Date.
Reports shall be submitted monthly thereafter, each within 7 days after the last day of the month to which it relates. The Contractor shall promptly clear away and remove from the Site any wreckage, rubbish, hazardous waste and Temporary Works which are no longer required.
The Contractor shall leave that part of the Site and the Works in a clean and safe condition. However, the Contractor may retain at locations on the Site agreed with the Employer, during the DNP, such Goods as are required for the Contractor to fulfil obligations under the Contract.
This Notice shall describe the finding and the Employer shall issue instructions for dealing with it. If the Employer gives a Notice under sub-paragraph b above, the Contractor shall: i ii iii If the Employer incurs additional costs as a result of such resubmission and subsequent Review, the Employer shall be entitled subject to Sub-Clause References in the Contract to published standards shall be understood to be references to the edition applicable on the Base Date, unless stated otherwise.
If changed or new applicable standards come into force in the Country after the Base Date, the Contractor shall promptly give a Notice to the Employer and if appropriate or requested by the Employer submit proposals for compliance. To the extent that: a b then the Employer shall initiate a Variation in accordance with Clause 13 [Variations and Adjustments]. These records shall be kept on the Site and shall be used exclusively for the purposes of this Sub-Clause.
The Contractor shall submit to the Employer under Sub-Clause 5. The number of copies of as-built records to be submitted by the Contractor under this Sub-Clause shall be as required under Sub-Clause 1. The Contractor shall pay rates of wages, and observe conditions of labour, which comply with all applicable Laws and are not lower than those established for the trade or industry where the work is carried out.
If no established rates or conditions are applicable, the Contractor shall pay rates of wages and observe conditions which are not lower than the general level of wages and conditions observed locally by employers whose trade or industry is similar to that of the Contractor.
No work shall be carried out on the Site on locally recognised days of rest, or outside the normal working hours stated in the Contract Data, unless: a b c 6.
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