Notices under FIDIC Silver Book 2017 Edition Part 6

This is the sixth in a multi-part series on notices under the 2017 Edition of FIDIC Silver Book. This post will cover notices in Clauses 7 (Plant, Materials, and Workmanship) and 8 (Commencement, Delays, and Suspension). Clause 7 (Plant, Materials, and Workmanship) Sub-Clause 7.3 (Inspection). If the work that the Employer’s Personnel are entitled to examine, inspect, measure, and/or test, then the Contractor shall give a notice whenever any plant, materials, or work are ready for inspection. The Employer's Personnel shall either inspect without unreasonable delay, or the Employer shall give a notice that the Employer's Personnel do not require to do so. If the Contractor fails to give a notice, then the Contractor, if and when required by the Employer, uncover the work and thereafter reinstate and make good, all at the Contractor's risk and cost. At the same time, if the Employer fails to give a notice, the Contractor may proceed with covering up, putting out of sight, or packaging…

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Notices under FIDIC Silver Book 2017 Edition Part 5

This is the fifth in a multi-part series on notices under the 2017 Edition of FIDIC Silver Book. This post will cover notices in Clauses 5 and 6. Clause 5 - Design Sub-Clause 5.2 (Contractor’s Documents) and within that Sub-Clause 5.2.2 (Review by Employer): If the Contractor’s document is submitted for review together with the Contractor's notice, the Employer shall within the review period, which is generally 21 days, submit a notice to the Contractor with either: a ‘no objection’, or that the Contractor's document fails to comply with the contract with reasons. If the Employer submits a notice under Sub-Clause 5.2.2(b) that the Contractor's document failed to comply with the contract, then the Contractor shall: revise the Contractor's document and resubmit it to the Employer for review. (The review period starts from the date that the Employer receives it.) and not be entitled to an Extension of Time for any delay caused by any such revision or review. If the Employer gives no…

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Notices under FIDIC Silver Book 2017 Edition Part 4

This is the fourth in a multi-part series on notices under the 2017 Edition of FIDIC Silver Book. This post will cover notices in Clause 4. Clause 4 - The Contractor Sub-Clause 4.3 (Contractor’s Representative): Contractors shall submit the name and particulars of a suitable replacement for the Contractor’s Representative within 28 days. If the Employer does not respond after receiving this notice by giving a notice objecting to the proposed personal replacement, then the Employer shall be deemed to have given the Employer's consent. Similarly, the Contractor’s Representative may delegate powers, functions, or authority, except issue and receive notices or receive instructions. Any delegation or revocation shall not take effect until the Employer has received a notice from the Contractor’s Representative with the particulars. Sub-Clause 4.4 (Subcontractors): Where specified in the contract data, the Contractor shall submit a notice to the Employer within 28 days of the intended…

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Notices under FIDIC Silver Book 2017 Edition Part 3

This is the third in a multi-part series on notices under the 2017 Edition of FIDIC Silver Book. This post will cover notices in Clauses 1, 2, and 3. Events Where Notices are Applicable Clause 1 - General Provisions Sub-Clause 1.5 (Priority of Documents): If a party finds an ambiguity or discrepancy in the contract documents, that party shall promptly submit a notice to the other party and the Employer shall issue the necessary clarification or instruction. Sub-Clause 1.8 (Care and Supply of Documents): If a party becomes aware of an error or defect in a document that was prepared by the Contractor, then the party shall promptly submit a notice of such error or defect to the other party. The Contractor shall then promptly rectify the error or defect at the Contractor's risk and cost. Clause 2 - The Employer Sub-Clause 2.4 (Employer’s Financial Arrangement): If the Employer intends to make any change to his financial arrangement, then he shall submit a notice immediately to the…

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Notices under FIDIC Silver Book 2017 Edition Part 2

This is the second in a multi-part series on Notices under the 2017 Edition of the FIDIC Silver Book. This post will cover the purpose or objective of serving notices as well as the mistakes that should be avoided by the Employer, Engineer, or Contractor while submitting notices. The Purpose of Notices Notices are a legitimate means of controlling claims management by considering and taking action to address and resolve an event or circumstance. They alert the Employer to the fact that the Employer may have to pay the Contractor additional money or grant an Extension of Time by reason of a specified event or circumstance. Notices enable matters to be investigated while they are still current. They allow for forecasting the impact of an event on the master programme and project budget. They allow the parties to consider implementing measures to mitigate the effect of a particular event, and act as a defensive or preventive action for both the Employer and Contractor for any event that…

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