Introduction to FIDIC Particular Conditions of Contract Appendix to Tender

1. Introduction to FIDIC • Particular Conditions of Contract • Appendix to Tender

2. Difference from PRAG Note the difference from PRAG that uses “Special Conditions of Contract” while FIDIC uses “Particular Conditions of Contract” The meaning is actually the same, the difference is only of formal nature Phrasing when it comes to contract documents, must be precise and exact, without allowing room for interpretation

3. Location in the Tender Dossier A Works Tender Dossier will generally contain: Volume 1: • Instructions to Tenderers • Tender Form and Appendix to Tender • Form of Tender Guarantee • Questionaires for the Tenderers • Glossary of Terms • Evaluation Grids

4. Location in the Tender Dossier A Works Tender Dossier will generally contain: Volume 2: • Form of Contract Agreement • General Conditions of Contract • Special/Particular Conditions of Contract • Forms for Advance, Performance and Retention Money bank guarantees

5. Location in the Tender Dossier A Works Tender Dossier will generally contain: Volume 3: – Technical Specifications/Employer’s Requirements Volume 4: – Bills of Quantities/ Schedule of Prices Volume 5: - Drawings

6. Particular Conditions of Contract (P.C.C) • The PCC take priority over the General Conditions • FIDIC provides “guidance” within the 2nd part of the Red/ Yellow Book as to the writing of the PCC. Examples should be only used after verifying they are suitable for your specific case • The PCC should provide all relevant conditions that relate to the projects and the laws of the contract, which add, complement, or amend the general conditions. • Special care must be undertaken in drafting the PCC so that there are no contradictions and ambiguities between the PCC and the general conditions.

7. Particular Conditions of Contract • There is no Clause in the General Conditions requiring additional data to be included in the PCC, this is done only when and as much as necessary • The General Conditions can be applied for any project, anywhere in the world, but will never be able to deal with the specific issues related to a specific project, nor to the legislation of a certain country • Such issues are addressed in the PCC • Any modification of existing Clauses, or insertion of a new Clause, must be made for a clear reason and only in conjunction with the other Clauses • Make sure you don’t create ambiguities with other Clauses, or provisions of other documents

8. Preparation of Particular Conditions • The guidance is to assist writers of the particular conditions by giving options for various sub-clauses where appropriate • FIDIC recommend suitably-qualified engineers to prepare documents and a review by a suitably-qualified legal advisers • Major exercise in cross referencing general conditions with: • Appendix to tender • Specifications • Particular conditions, • And ensuring no contradiction. • Note Sub-Clause 1.5, which gives priority of contract documents

9. Examples of Sub-Clauses amended in the Particular Conditions • Sub-Clause 1.3 – Communication Can be modified to indicate the right communication means • Sub-Clause 1.4 – Law and Language Will be modified to include any particular legislation and the language to be used in various situations • Sub-Clause 1.5 - Priority of Documents Can be modified, amended, completed for accommodating all documents within the Contract, in the right order • Sub-Clause 1.6 - Contract Agreement Within this Clause and throughout all the document, “Letter of Acceptance” will be read as “Contract Agreement”

10. Examples of Sub-Clauses amended in the Particular Conditions • Sub-Clause 2.1 – Right of Access to Site If right of access can not be granted by the time of contract signature, details are to be provided • Sub-Clause 3.1 – Engineer’s Duty and Authority Should Employer whish to limit Engineer’s Authority, such limitations will be clearly stated. They must be the same as in the Works Supervision Contract (Services) • Sub-Clause 4.1 – Contractor’s General Obligations Should there be additional Obligations to be imposed on the Contractor, relevant details should be provided

11. Examples of Sub-Clauses amended in the Particular Conditions • Sub-Clause 4.8 – Safety Procedures Employer may indicate additional procedures required under the national or EU legislations, or specific situations on a particular site • Sub-Clause 4.19 – Electricity, Water and Gas If utilities are to be available for the Contractor use, Specifications will indicate locations and prices • Sub-Clause 4.21 – Progress Report Should there be additional requirements for reporting, in term of both timing and content, such details will be provided • Sub-Clause 4.22 – Security of the Site Employer may indicate additional measures required under the national or EU legislations, or specific situations on a particular site

12. Examples of Sub-Clauses amended in the Particular Conditions • Clause 7 – Additional Sub-Clause “Rule of Origin” In the case of EU financed projects, Employer will require an eligible origin for all goods, supplies, related services, workmanship, etc • Sub-Clause 8.2 – Time for Completion Should the Works be taken over in stages, Employer will indicate this and define the respective Sections in the Appendix to Tender • Sub-Clause 12.1 – Works to be measured If some of the Permanent Works are to be measured according to records of construction, details are to be specified in the Tender Documents, indicating the records for which the Contractor is responsible

13. FIDIC Clause 1.5 – Priority of Documents • the Contract Agreement (if any), • the Letter of Tender • the Particular Conditions • these General Conditions • the Employer’s Requirements • the Schedules, and • the Contractor’s Proposal and any other documents forming part of the Contract This order can be modified to suit the needs of each particular Employer, or project If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction.

14. Appendix to Tender Contains both Financial and Non-Financial Data Non-Financial Data: Employer’s/ Engineer’s/ Contractor’s Details, Time for Completion, DNP, Governing Law, Language, Periods, DAB Appointment Date, Number of DAB Members, etc Financial Data: Amount of Performance Security, Delay Damages, Advance Payment, Retention Money, Minimum Amount of Interim Payment Certificates, Amounts of Insurances, etc Reference to such data is made in various Clauses of the Contract Conditions thus again, such references are to be crosschecked against the relevant Clauses for avoiding contradictions or ambiguities As well as for the PCC, data included in the Appendix to Tender, should suit the needs of each particular project. However, a certain degree of standardisation is recommendable, at least at the level of each organisation

15. Appendix to Tender • The Appendix to Tender, as well as PCC, is generally drafted by the Employer at the Tender Dossier preparation phase and is to be acknowledged by the Tenderers • The Employer may however require other data from the Tenderers, and include a questionaire in the Schedules • The Appendix to Tender is drafted in the shape of a table indicating the specific Items and Sub-Clauses referred to, as well as the respective values for such Items

16. Appendix to Tender • Data in the Appendix to Tender will always complete the General or Particular Conditions of Contract, but will never modify them • For this particular reason, no sums or percentages should be indicated in both, Conditions of Contract and Appendix to Tender, generally these should be included in the latter